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.