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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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