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The Lokpal and Lokayuktas Act, 2013

Chapter X Complaints against Chairperson, Members and Officials of Lokpal

37. Removal and suspension of Chairperson and Members of Lokpal.

1.      The Lokpal shall not inquire into any complaint made against the Chairperson or any Member.

2.      Subject to the provisions of sub-section (4 ), the Chairperson or any Member shall be removed from his office by order of the President on grounds of misbehaviour after the Supreme Court, on a reference being made to it by the President on a petition signed by at least one hundred Members of Parliament has, on an inquiry held in accordance with the procedure prescribed in that behalf, reported that the Chairperson or such Member, as the case may be, ought to be removed on such ground.

3.      The President may suspend from office the Chairperson or any Member in respect of whom a reference has been made to the Supreme Court under sub-section (2 ), on receipt of the recommendation or interim order made by the Supreme Court in this regard until the President has passed orders on receipt of the final report of the Supreme Court on such reference.

4.      Notwithstanding anything contained in sub-section (2 ), the President may, by order, remove from the office, the Chairperson or any Member if the Chairperson or such Member, as the case may be,-

a.      is adjudged an insolvent; or

b.     engages, during his term of office, in any paid employment outside the duties of his office; or

c.      is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

5.      If the Chairperson or any Member is, or becomes, in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (2 ), be deemed to be guilty of misbehaviour.

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