The Telangana Promotion of Social Audit and Prevention of Corrupt Practices Act, 2012

THE TELANGANA PROMOTION OF SOCIAL AUDIT AND PREVENTION OF CORRUPT PRACTICES ACT, 2012. (ACT NO. 3 OF 2012)

(1) This Act may be called the Telangana Promotion of Social Audit and Prevention of Corrupt Practices Act, 2012. (2) It extends to whole of the State of Telangana and applies to all persons residing in the State of Telangana or concerned with the implementation of various Government schemes and programmes subjected to social audit. (3) It shall be deemed to have come into force with effect from the 19th August, 2011.

(1) Every offence punishable under this Act shall be tried by the Special Magistrate for the area within which it was committed. (2) When trying any case, a Special Magistrate may also try any offence, other than an offence specified under this Act, with which the accused may, under the Code of Criminal Procedure, 1973, be charged at the same trial. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a Special Magistrate shall, as far as practicable, hold the trial of an offence/corrupt practice in the village where the offence/corrupt practice is committed and as far as possible on day-to-day basis.

The Special Court shall take cognizance of the offences and proceed in accordance with the provisions under Chapter XX of the Code of Criminal Procedure, 1973.

The Government shall appoint Special Prosecutors from out of a panel of Advocates prepared in consultation with the District Judge, for prosecuting the offences under this Act on such terms and conditions as may be prescribed: Provided that no Advocate having experience of less than five years shall be eligible for such appointment as Special Prosecutor.

In trial of offences punishable under this Act, the procedure specified under the provisions 251 to 259 of the Code of Criminal Procedure, 1973 shall be followed.

(1) Whoever, entrusted with the responsibility of performing any functions by the Government in relation to the implementation of any Government scheme or programme, prepares or participates in preparation of fraudulent records, or tampers a record, to defraud the Government or the beneficiaries for whom the programme is intended shall be punished with imprisonment of either description for a term which shall not be less than three months and may extend to two years and shall also be liable to fine. (2) Whoever, entrusted with the responsibility for dispensing a benefit to the targeted people, in implementation of any Govemment scheme or programme, misappropriates the benefit, either partially or fully, either on his own or in collusion with others shall be punished with imprisonment of either description for a term which shall not be less than three months and may extend to two years and shall also be liable to fine. (3) Whoever, entrusted with the responsibility of performing any functions by the Govemment in relation to the implementation of any Government scheme or programme, commits a corrupt practice under this Act, shall be punished with imprisonment of either description for a term which shall be not less than three months but which may extend to two years and shall also be liable to fine. (4) Whoever, conspires to commit, or attempts to commit or abets to commit any offence punishable under this Act, shall be punished with imprisonment of either description for a term which shall not be less than three months and may extend to three years and shall also be liable to fine.

(1) Where a sentence or fine is imposed under section 9, the Court, while fixing the amount of the fine shall take into consideration the amount or the value of the property, if any, which the accused person has obtained by committing the offence, the pecuniary resources of property referred to in that clause for which the accused person is unable to account satisfactorily. (2) The Special Magistrate, while trying an offence punishable under this Act, shall exercise all the powers and functions exercisable by a District Judge under the Criminal Law Amendment Ordinance, 1944.

(1) Any person charged with an offence punishable under this Act, shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that,- (a) he shall not be called as a witness except at his own request;

No civil or criminal proceedings shall be taken against the social audit teams or their members for any acts done in good faith under the provisions of this Act: Provided that any specific oomplaint on the conduct of any social audit can be verified by Government and suitable orders can be issued for redressal.

The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt any public servant from any proceeding which might, apart from this Act, be instituted against him.

The Government may, from time to time, issue such orders, instructions and directions not inconsistent with the provisions of this Act and the rules made thereunder to the officers for the proper administration of the provisions of this Act which shall be complied with by such officers and other persons.

(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislature of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Andhra Pradesh Promotion of Social Audit and Prevention of Corrupt Practices Ordinance, 2012 is hereby repealed.