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The Lokpal and Lokayuktas Act, 2013

(No. 1 of 2014)

[1st January, 2014]

Contents

Sections

Particulars

Part I

Preliminary

1

Short title, extent, application and commencement

Part II

Lokpal for the Union

Chapter I

Definitions

2

Definitions

Chapter II

Establishment of Lokpal

3

Establishment of Lokpal

4

Appointment of Chairperson and Members on recommendations of Selection Committee

5

Filling of vacancies of Chairperson or Members

6

Term of office of Chairperson and Members

7

Salary, allowances and other conditions of service of Chairperson and Members

8

Restriction on employment by Chairperson and Members after ceasing to hold office

9

Member to act as Chairperson or to discharge his functions in certain circumstances

10

Secretary, other officers and staff of Lokpal

Chapter III

Inquiry Wing

11

Inquiry Wing

Chapter IV

Prosecution Wing

12

Prosecution Wing

Chapter V

Expenses of Lokpal to be Charged on Consolidated Fund of India

13

Expenses of Lokpal to be Charged on Consolidated Fund of India

Chapter VI

Jurisdiction in Respect of Inquiry

14

Jurisdiction of Lokpal to include Prime Minister, Ministers, members of Parliament, Groups A, B, C and D officers and officials of Central Government

15

Matters pending before any court or committee or authority for inquiry not to be affected

16

Constitution of benches of Lokpal

17

Distribution of business amongst benches

18

Power of Chairperson to transfer cases

19

Decision to be by majority

Chapter VII

Procedure in Respect of Preliminary Inquiry and Investigation

20

Provisions relating to complaints and preliminary inquiry and investigation

21

Persons likely to be prejudicially affected to be heard

22

Lokpal may require any public servant or any other person to furnish information, etc.

23

Power of Lokpal to grant sanction for initiating prosecution

24

Action on investigation against public servant being Prime Minister, Ministers or Members of Parliament

Chapter VIII

Powers of Lokpal

25

Supervisory powers of Lokpal

26

Search and seizure

27

Lokpal to have powers of civil court in certain cases

28

Power of Lokpal to utilise services of officers of Central or State Government

29

Provisional attachment of assets

30

Confirmation of attachment of assets

31

Confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances

32

Power of Lokpal to recommend transfer or suspension of public servant connected with allegation of corruption

33

Power of Lokpal to give directions to prevent destruction of records during preliminary inquiry

34

Power to delegate

Chapter IX

Special Courts

35

Special Courts to be constituted by Central Government

36

Letter of request to a contracting State in certain cases

Chapter X

Complaints against Chairperson, Members and Officials of Lokpal

37

Removal and suspension of Chairperson and Members of Lokpal

38

Complaints against officials of Lokpal

Chapter XI

Assessment of Loss and Recovery Thereof by Special Court

39

Assessment of Loss and Recovery Thereof by Special Court

Chapter XII

Finance, Accounts and Audit

40

Budget

41

Grants by Central Government

42

Annual statement of accounts

43

Furnishing of returns, etc., to Central Government

Chapter XIII

Declaration of Assets

44

Declaration of Assets

45

Presumption as to acquisition of assets by corrupt means in certain cases

Chapter XIV

Offences and Penalties

46

Prosecution for false complaint and payment of compensation, etc., to public servant

47

False complaint made by society or association of persons or trust

Chapter XV

Miscellaneous

48

Reports of Lokpal

49

Lokpal to function as appellate authority for appeals arising out of any other law for the time being in force

50

Protection of action taken in good faith by any public servant

51

Protection of action taken in good faith by others

52

Members, officers and employees of Lokpal to be public servants

53

Limitation to apply in certain cases

54

Bar of Jurisdiction

55

Legal assistance

56

Act to have overriding effect

57

Provisions of this Act to be in addition of other laws

58

Amendment of certain enactments

59

Power to make rules

60

Power of Lokpal to make regulations

61

Laying of rules and regulations

62

Power to remove difficulties

Part III

Establishment of the Lokayukta

63

Establishment of Lokayukta

The Schedule

Amendment to Certain Enactments

Part I

Amendment to the Commissions of Inquiry Act, 1952

Part II

Amendments to the Delhi Special Police Establishment Act, 1946

Part III

Amendments to the Prevention of Corruption Act, 1988

Part IV

Amendment to the Code of Criminal Procedure, 1973

Part V

Amendments to the Central Vigilance Commission Act, 2003

An Act to provide for the establishment of a body of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.

WHEREAS the Constitution of India established a Democratic Republic to ensure justice for all;

AND WHEREAS India has ratified the United Nations Convention Against Corruption;

AND WHEREAS the Government's commitment to clean and responsive governance has to be reflected in effective bodies to contain and punish acts of corruption;

NOW, THEREFORE, it is expedient to enact a law, for more effective implementation of the said Convention and to provide for prompt and fair investigation and prosecution in cases of corruption.



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