THE LOKPAL AND LOKAYUKTAS ACT, 2013 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title, extent, application and commencement. 

PART I 

PRELIMINARY  

2.  Definitions. 

PART II 

LOKPAL FOR THE UNION 

CHAPTER I 

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. 

11. Inquiry Wing. 

12.  Prosecution Wing.  

CHAPTER III 

INQUIRY WING 

CHAPTER IV 

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. 

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SECTIONS 

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. 

ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT 

39.  Assessment of loss and recovery thereof by special court. 

CHAPTER XI 

40.  Budget. 

CHAPTER XII 

FINANCE, ACCOUNTS AND AUDIT 

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SECTIONS 

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. 

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THE LOKPAL AND LOKAYUKTAS ACT, 2013 

ACT NO. 1 OF 2014 

[1st January, 2014.] 

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. 

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 

PART I 

PRELIMINARY  

1. Short title, extent, application and commencement.—(1) This Act may be called the Lokpal and 

Lokayuktas Act, 2013. 

(2)  It extends to the whole of India. 

(3)  It shall apply to public servants in and outside India. 
(4)  It  shall  come  into  force  on  such  date1 as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

PART II 

LOKPAL FOR THE UNION 

CHAPTER I 

DEFINITIONS 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a) "bench" means a bench of the Lokpal; 

(b) "Chairperson" means the Chairperson of the Lokpal; 

(c) "competent authority", in relation to— 

(i) the Prime Minister, means the House of the People; 

(ii) a member of the Council of Ministers, means the Prime Minister; 

(iii) a member of Parliament other than a Minister, means— 

(A) in the case of a member of the Council of States, the Chairman of the Council; 

and 

(B) in the case of a member of the House of the People, the Speaker of the House; 

(iv) an officer in the Ministry or Department of the Central Government, means the Minister 

in charge of the Ministry or Department under which the officer is serving; 

(v) a chairperson or members of any body or Board or corporation or authority or company or 
society or autonomous body (by whatever name called) established or constituted under any Act 
of Parliament or wholly or partly financed by the Central Government or controlled by it, means 

1. 16th January, 2014, vide notification No. S.O. 119 (E), dated 16th January, 2014, see Gazette of India, Extraordinary, Part II, 

sec. 3(ii). 

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the  Minister  in  charge  of  the  administrative  Ministry  of  such  body  or  Board  or  corporation  or 
authority or company or society or autonomous body; 

(vi)  an  officer  of  any  body  or  Board  or  corporation  or  authority  or  company  or  society  or 
autonomous  body  (by  whatever  name  called)  established  or  constituted  under  any  Act  of 
Parliament or wholly or partly financed by the Central Government or controlled by it, means the 
head  of  such  body  or  Board  or  corporation  or  authority  or  company  or  society  or  autonomous 
body; 

(vii) in any other case not falling under sub-clauses (i) to (vi) above, means such Department 

or authority as the Central Government may, by notification, specify: 

Provided that if any person referred to in sub-clause (v) or sub-clause (vi) is also a member of 

Parliament, then, the competent authority shall be— 

(A)  in  case  such  member  is  a  member  of  the  Council  of  States,  the  Chairman  of  the 

Council; and 

(B)  in  case  such  member  is  a  member  of  the  House  of  the  People,  the  Speaker  of  the 

House; 

(d)  "Central  Vigilance  Commission"  means  the  Central  Vigilance  Commission  constituted 

under sub-section (1) of section 3 of the Central Vigilance Commission Act, 2003 (45 of 2003); 

(e) "complaint" means a complaint, made in such form as may be prescribed, alleging that a 
public servant has committed an offence punishable under the Prevention of Corruption Act, 1988 
(49 of 1988); 

(f)  "Delhi  Special  Police  Establishment"  means  the  Delhi  Special  Police  Establishment 
constituted under sub-section (1) of section 2 of the Delhi Special Police Establishment Act, 1946 
(25 of 1946); 

(g)  "investigation"  means  an  investigation  as  defined  under  clause  (h)  of  section  2  of  the 

Code of Criminal Procedure, 1973 (2 of 1974); 

(h) "Judicial Member" means a Judicial Member of the Lokpal; 

(i) "Lokpal" means the body established under section 3; 

(j) "Member" means a Member of the Lokpal; 

(k) "Minister" means a Union Minister but does not include the Prime Minister; 

(l)  "notification"  means  notification  published  in  the  Official  Gazette  and  the  expression 

"notify" shall be construed accordingly; 

(m) "preliminary inquiry" means an inquiry conducted under this Act; 

(n) "prescribed" means prescribed by rules made under this Act; 

(o)  "public  servant"  means  a  person  referred  to  in  clauses  (a)  to  (h)  of  sub-section  (1)  of 
section 14 but does not include a public servant in respect of whom the jurisdiction is exercisable 
by any court or other authority under the Army Act, 1950 (45 of 1950), the Air Force Act, 1950 
(46 of 1950), the Navy Act, 1957 (62 of 1957) and the Coast Guard Act, 1978 (30 of 1978) or the 
procedure is applicable to such public servant under those Acts; 

(p) "regulations" means regulations made under this Act; 

(q) "rules" means rules made under this Act; 

(r) "Schedule" means a Schedule appended to this Act; 

(s)  "Special  Court"  means  the  court  of  a  Special  Judge  appointed  under  sub-section  (1)  of 

section 3 of the Prevention of Corruption Act, 1988 (49 of 1988). 

(2) The words and expressions used herein and not defined in this Act but defined in the Prevention 

of Corruption Act, 1988 (49 of 1988), shall have the meanings respectively assigned to them in that Act. 

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(3) Any reference in this Act to any other Act or provision thereof which is not in force in any area to 
which  this  Act  applies  shall  be  construed  to  have  a  reference  to  the  corresponding  Act  or  provision 
thereof in force in such area. 

CHAPTER II 

ESTABLISHMENT OF LOKPAL 

3.  Establishment  of  Lokpal.—(1)  On  and  from  the  commencement  of  this  Act,  there  shall  be 

established, for the purpose of this Act, a body to be called the "Lokpal". 

(2) The Lokpal shall consist of— 

(a) a Chairperson, who is or has been a Chief Justice of India or is or has  been a Judge of the 

Supreme  Court  or  an  eminent  person  who  fulfills  the  eligibility  specified  in  clause  (b)  of                         
sub-section (3); and 

(b) such number of Members, not exceeding eight out of whom fifty per cent. shall be Judicial 

Members: 

Provided that not less than fifty per cent. of the Members of the Lokpal shall be from amongst the 
persons  belonging  to  the  Scheduled  Castes,  the  Scheduled  Tribes,  Other  Backward  Classes, 
Minorities and women. 

(3) A person shall be eligible to be appointed,— 

(a) as a Judicial Member if he is or has been a Judge of the Supreme Court or  is or has been a 

Chief Justice of a High Court; 

(b)  as  a  Member  other  than  a  Judicial  Member,  if  he  is  a  person  of  impeccable  integrity  and 
outstanding ability having special knowledge and expertise of not less than twenty-five years in the 
matters  relating  to  anti-corruption  policy,  public  administration,  vigilance,  finance  including 
insurance and banking, law and management. 

(4) The Chairperson or a Member shall not be— 

(i) a member of Parliament or a member of the Legislature of any State or Union territory; 

(ii) a person convicted of any offence involving moral turptitude; 

(iii)  a  person  of  less  than  forty-five  years  of  age,  on  the  date  of  assuming  office  as  the 

Chairperson or Member, as the case may be; 

(iv) a member of any Panchayat or Municipality; 

(v) a person who has been removed or dismissed from the service of the Union or a State, 

and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member) or be 
affiliated  with  any  political  party  or  carry  on  any  business  or  practise  any  profession  and,  accordingly, 
before he enters upon his office, a person appointed as the Chairperson or a Member, as the case may be, 
shall, if— 

(a) he holds any office of trust or profit, resign from such office; or 

(b) he is carrying on any business, sever his connection with the conduct and management of such 

business; or 

(c) he is practising any profession, cease to practise such profession. 

4.  Appointment  of  Chairperson  and  Members  on  recommendations  of  Selection               

Committee.—(1) The Chairperson and Members shall be appointed by the President after obtaining the 
recommendations of a Selection Committee consisting of— 

(a) the Prime Minister—Chairperson; 

(b) the Speaker of the House of the People—Member; 

(c) the Leader of Opposition in the House of the People—Member; 

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(d) the Chief Justice of India or a Judge of the Supreme Court nominated by him—Member; 

(e) one eminent jurist, as recommended by the Chairperson and Members referred to in clauses 

(a) to (d) above, to be nominated by the President—Member. 

(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy 

in the Selection Committee. 

(3) The Selection Committee shall for the purposes of selecting the Chairperson and Members of the 
Lokpal and for preparing a panel of persons to be considered for appointment as such, constitute a Search 
Committee consisting of at least seven persons of standing and having special knowledge and expertise in 
the  matters  relating  to  anti-corruption  policy,  public  administration,  vigilance,  policy  making,  finance 
including insurance and banking, law and management or in any other matter which, in the opinion of the 
Selection  Committee,  may  be  useful  in  making  the  selection  of  the  Chairperson  and  Members  of  the 
Lokpal: 

Provided  that  not  less  than  fifty  per  cent.  of  the  members  of  the  Search  Committee  shall  be  from 
amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, 
Minorities and women: 

Provided further that the Selection Committee may also consider any person other than the persons 

recommended by the Search Committee. 

(4) The Selection Committee shall regulate its own procedure in a transparent manner for selecting 

the Chairperson and Members of the Lokpal. 

(5) The term of the Search Committee referred to in sub-section (3), the fees and allowances payable 

to its members and the manner of selection of panel of names shall be such as may be prescribed. 

5. Filling of vacancies of Chairperson or Members.—The President shall take or cause to be taken 
all necessary steps for the appointment of a new Chairperson and Members at least three months before 
the  expiry  of  the  term  of  the  Chairperson  or  Member,  as  the  case  may  be,  in  accordance  with  the 
procedure laid down in this Act. 

6. Term of office of Chairperson and Members.—The Chairperson and every Member shall, on the 
recommendations of the Selection Committee, be appointed by the President by warrant under his hand 
and seal and hold office as such for a term of five years from the date on which he enters upon his office 
or until he attains the age of seventy years, whichever is earlier: 

Provided that he may— 

(a) by writing under his hand addressed to the President, resign his office; or 

(b) be removed from his office in the manner provided in section 37. 

7. Salary, allowances and other conditions of service of Chairperson and Members.—The salary, 

allowances and other conditions of service of— 

(i) the Chairperson shall be the same as those of the Chief Justice of India; 

(ii) other Members shall be the same as those of a Judge of the Supreme Court: 

Provided  that  if  the  Chairperson  or  a  Member  is,  at  the  time  of  his  appointment,  in  receipt  of 
pension  (other than  disability  pension)  in respect  of any  previous  service  under  the  Government  of 
India or under the Government of a State, his salary in respect of service as the Chairperson or, as the 
case may be, as a Member, be reduced— 

(a) by the amount of that pension; and 

(b) if he has, before such appointment, received, in lieu of a portion of the pension due to him 
in respect of such previous service, the commuted value thereof, by the amount of that portion of 
the pension: 

Provided further that the salary, allowances and pension payable to, and other conditions of 
service  of,  the  Chairperson  or  a  Member  shall  not  be  varied  to  his  disadvantage  after  his 
appointment. 

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8.  Restriction  on  employment  by  Chairperson  and  Members  after  ceasing  to  hold  office.—(1) 

On ceasing to hold office, the Chairperson and every Member shall be ineligible for— 

(i) reappointment as the Chairperson or a Member of the Lokpal; 

(ii) any diplomatic assignment, appointment as administrator of a Union territory and such other 
assignment or appointment which is required by law to be made by the President by warrant under his 
hand and seal; 

(iii)  further  employment  to  any  other  office  of  profit  under  the  Government  of  India  or  the 

Government of a State; 

(iv)  contesting  any  election  of  President  or  Vice-President  or  Member  of  either  House  of 
Parliament or Member of either House of a State Legislature or Municipality or Panchayat within a 
period of five years from the date of relinquishing the post. 

(2) Notwithstanding anything contained in sub-section (1), a Member shall be eligible to be appointed 

as a Chairperson, if his total tenure as Member and Chairperson does not exceed five years. 

Explanation.—For  the  purposes  of  this  section,  it  is  hereby  clarified  that  where  the  Member  is 
appointed  as  the  Chairperson,  his  term  of  office  shall  not  be  more  than  five  years  in  aggregate  as  the 
Member and the Chairperson. 

9. Member to act as Chairperson or to discharge his functions in certain circumstances.—(1) In 
the event of occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation 
or  otherwise,  the  President  may,  by  notification,  authorise  the  senior-most  Member  to  act  as  the 
Chairperson until the appointment of a new Chairperson to fill such vacancy. 

(2)  When  the  Chairperson  is  unable  to  discharge  his  functions  owing  to  absence  on  leave  or 
otherwise,  the  senior-most  Member  available,  as  the  President  may,  by  notification,  authorise  in  this 
behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes 
his duties. 

10. Secretary, other officers and staff of Lokpal.—(1) There shall be a Secretary to the Lokpal in 
the rank of Secretary to Government of India, who shall be appointed by the Chairperson from a panel of 
names sent by the Central Government. 

(2)  There  shall  be  a  Director  of  Inquiry  and  a  Director  of  Prosecution  not  below  the  rank  of 
Additional Secretary to the Government of India or equivalent, who shall be appointed by the Chairperson 
from a panel of names sent by the Central Government. 

(3)  The  appointment  of  officers  and  other  staff  of  the  Lokpal  shall  be  made  by  the  Chairperson  or 

such Member or officer of Lokpal as the Chairperson may direct: 

Provided that the President may by rule require that the appointment in respect of any post or posts as 
may be specified in the rule, shall be made after consultation with the Union Public Service Commission. 

(4) Subject to the provisions of any law made by  Parliament, the conditions of service of Secretary 
and other officers and staff of the Lokpal shall be such as may be specified by regulations made by the 
Lokpal for the purpose: 

Provided  that  the  regulations  made  under  this  sub-section  shall,  so  far  as  they  relate  to  salaries, 

allowances, leave or pensions, require the approval of the President. 

CHAPTER III 

INQUIRY WING 

11. Inquiry Wing.—(1) Notwithstanding anything contained in any law for the time being in force, 
the  Lokpal  shall  constitute  an  Inquiry  Wing  headed  by  the  Director  of  Inquiry  for  the  purpose  of 
conducting  preliminary  inquiry  into  any  offence  alleged  to  have  been  committed  by  a  public  servant 
punishable under the Prevention of Corruption Act, 1988 (49 of 1988): 

Provided that till such time  the Inquiry Wing is constituted by the Lokpal, the Central Government 
shall make available such number of officers and other staff from its Ministries or Departments, as may 
be required by the Lokpal, for conducting preliminary inquiries under this Act. 

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(2) For the purposes of assisting the Lokpal in conducting a preliminary inquiry under this Act, the 
officers of the Inquiry Wing not below the rank of the Under Secretary to the Government of India, shall 
have the same powers as are conferred upon the Inquiry Wing of the Lokpal under section 27. 

CHAPTER IV 

PROSECUTION WING 

12. Prosecution Wing.—(1) The Lokpal shall, by notification, constitute a Prosecution Wing headed 
by  the  Director  of  Prosecution  for  the  purpose  of  prosecution  of  public  servants  in  relation  to  any 
complaint by the Lokpal under this Act: 

Provided  that  till  such  time  the  Prosecution  Wing  is  constituted  by  the  Lokpal,  the  Central 
Government  shall  make  available  such  number  of  officers  and  other  staff  from  its  Ministries  or 
Departments, as may be required by the Lokpal, for conducting prosecution under this Act. 

(2)  The  Director  of  Prosecution  shall,  after  having  been  so  directed  by  the  Lokpal,  file  a  case  in 
accordance with the findings of investigation report, before the Special Court and take all necessary steps 
in respect of the prosecution of public servants in relation to any offence punishable under the Prevention 
of Corruption Act, 1988 (49 of 1988). 

(3)  The  case  under  sub-section  (2),  shall  be  deemed  to  be  a  report,  filed  on  completion  of 

investigation, referred to in section 173 of the Code of Criminal Procedure, 1973 (2 of 1974).  

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.—The  administrative 
expenses  of  the  Lokpal,  including  all  salaries,  allowances  and  pensions  payable  to  or  in  respect  of  the 
Chairperson,  Members  or  Secretary  or  other  officers  or  staff  of  the  Lokpal,  shall  be  charged  upon  the 
Consolidated  Fund  of  India  and  any  fees  or  other  moneys  taken  by  the  Lokpal  shall  form  part  of  that 
Fund.  

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.—(1)  Subject  to  the  other 
provisions  of  this  Act,  the  Lokpal  shall  inquire  or  cause  an  inquiry  to  be  conducted  into  any  matter 
involved  in,  or  arising  from,  or  connected  with,  any  allegation  of  corruption  made  in  a  complaint  in 
respect of the following, namely:— 

(a) any person who is or has been a Prime Minister: 

Provided  that  the  Lokpal  shall  not  inquire  into  any  matter  involved  in,  or  arising  from,  or 

connected with, any such allegation of corruption against the Prime Minister,— 

(i) in so far as it relates to international relations, external and internal security, public order, 

atomic energy and space; 

(ii) unless a full bench of the Lokpal consisting of its Chairperson and all Members considers 

the initiation of inquiry and at least two-thirds of its Members approves of such inquiry: 

Provided  further  that  any  such  inquiry  shall  be  held  in  camera  and  if  the  Lokpal  comes  to  the 
conclusion  that  the  complaint  deserves  to  be  dismissed,  the  records  of  the  inquiry  shall  not  be 
published or made available to anyone; 

(b) any person who is or has been a Minister of the Union; 

(c) any person who is or has been a member of either House of Parliament; 

(d) any Group 'A' or Group 'B' officer or equivalent or above, from amongst the public servants 
defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 
(49 of 1988) when serving or who has served, in connection with the affairs of the Union; 

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(e) any Group 'C' or Group 'D' official or equivalent, from amongst the public servants defined in 

sub-clauses  (i)  and  (ii)  of  clause  (c)  of  section  2  of  the  Prevention  of  Corruption  Act,  1988              
(49 of 1988) when serving or who has served in connection with the affairs of the Union subject to 
the provision of sub-section (1) of section 20; 

(f) any person who is or has been a chairperson or member or officer or employee in any body or 
Board or corporation or authority or company or society or trust or autonomous body (by whatever 
name  called)  established  by  an  Act  of  Parliament  or  wholly  or  partly  financed  by  the  Central 
Government or controlled by it: 

Provided that in respect of such officers referred to in clause (d) who have served in connection 
with  the  affairs  of  the  Union  or  in  any  body  or  Board  or  corporation  or  authority  or  company  or 
society or trust or autonomous body referred to in clause (e) but are working in connection with the 
affairs of the State or in any body or Board or corporation or authority or company or society or trust 
or  autonomous  body  (by  whatever  name  called)  established  by  an  Act  of  the  State  Legislature  or 
wholly or partly financed by the State Government or controlled by it, the Lokpal and the officers of 
its Inquiry Wing or Prosecution Wing shall have jurisdiction under this Act in respect of such officers 
only after obtaining the consent of the concerned State Government; 

(g) any person who is or has been a director, manager, secretary or other officer of every other 
society or association of persons or trust (whether registered under any law for the time being in force 
or  not),  by  whatever  name  called,  wholly  or  partly  financed  by  the  Government  and  the  annual 
income of which exceeds such amount as the Central Government may, by notification, specify; 

(h) any person who is or has been a director, manager, secretary or other  officer of every other 
society or association of persons or trust (whether registered under any law for the time being in force 
or  not)  in  receipt  of  any  donation  from  any  foreign  source  under  the  Foreign  Contribution 
(Regulation) Act, 2010 (42 of 2010) in excess of ten lakh rupees in a year or such higher amount as 
the Central Government may, by notification, specify. 

Explanation.—For  the  purpose  of  clauses  (f)  and  (g),  it  is  hereby  clarified  that  any  entity  or 
institution,  by  whatever  name  called,  corporate,  society,  trust,  association  of  persons,  partnership,  sole 
proprietorship, limited liability partnership (whether registered under any law for the time being in force 
or not), shall be the entities covered in those clauses: 

Provided that any person referred to in this clause shall be deemed to be a public servant under clause 
(c)  of  section  2  of  the  Prevention  of  Corruption  Act,  1988  (49  of  1988)  and the  provisions  of  that  Act 
shall apply accordingly. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  Lokpal  shall  not  inquire  into  any 
matter  involved  in,  or  arising  from,  or  connected  with,  any  such  allegation  of  corruption  against  any 
member of either House of Parliament in respect of anything said or a vote given by him in Parliament or 
any  committee  thereof  covered  under  the  provisions  contained  in  clause  (2)  of  article  105  of  the 
Constitution. 

(3)  The  Lokpal  may  inquire  into  any  act  or  conduct  of  any  person  other  than  those  referred  to  in              

sub-section (1), if such person is involved in the act of abetting, bribe giving or bribe taking or conspiracy 
relating to any allegation of corruption under the Prevention of Corruption Act, 1988 (49 of 1988) against 
a person referred to in sub-section (1): 

Provided  that  no  action  under  this  section  shall  be  taken  in  case  of  a  person  serving  in  connection 

with the affairs of a State, without the consent of the State Government. 

(4) No matter in respect of which a complaint has been made to the Lokpal under this Act, shall be 

referred for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952). 

Explanation.—For the removal of doubts, it is hereby declared that a complaint under this Act shall 

only relate to a period during which the public servant was holding or serving in that capacity. 

15.  Matters  pending  before  any  court  or  committee  or  authority  for  inquiry  not  to  be 
affected.—In case any  matter or  proceeding  related  to  allegation  of corruption  under  the  Prevention  
of  Corruption  Act,  1988 (49 of 1988) has been pending before any court or committee of either House 

10 

 
 
 
 
of Parliament or before any other authority prior to commencement of this Act or prior to commencement 
of any inquiry after the commencement of this Act, such matter or proceeding shall be continued before 
such court, committee or authority. 

16. Constitution of benches of Lokpal.—(1) Subject to the provisions of this Act,— 

(a) the jurisdiction of the Lokpal may be exercised by benches thereof; 

(b) a bench may be constituted by the Chairperson with two or more Members as the Chairperson 

may deem fit; 

(c) every bench shall ordinarily consist of at least one Judicial Member; 

(d)  where  a  bench  consists  of  the  Chairperson,  such  bench  shall  be  presided  over  by  the 

Chairperson; 

(e)  where  a  bench  consists  of  a  Judicial  Member,  and  a  non-Judicial  Member,  not  being  the 

Chairperson, such bench shall be presided over by the Judicial Member; 

(f)  the  benches  of  the  Lokpal  shall  ordinarily  sit  at  New  Delhi  and  at  such  other  places  as  the 

Lokpal may, by regulations, specify. 

(2)  The  Lokpal  shall  notify  the  areas  in  relation  to  which  each  bench  of  the  Lokpal  may  exercise 

jurisdiction. 

(3) Notwithstanding anything contained in sub-section (2), the Chairperson shall have the power to 

constitute or reconstitute benches from time to time. 

(4) If at any stage of the hearing of any case or matter it appears to the Chairperson or a Member that 
the  case  or  matter  is  of  such  nature  that  it  ought  to  be  heard  by  a  bench  consisting  of  three  or  more 
Members, the case or matter may be transferred by the Chairperson or, as the case may be, referred to him 
for transfer, to such bench as the Chairperson may deem fit. 

17.  Distribution  of  business  amongst  benches.—Where  benches  are  constituted,  the  Chairperson 
may,  from  time  to  time,  by  notification,  make  provisions  as  to  the  distribution  of  the  business  of  the 
Lokpal amongst the benches and also provide for the matters which may be dealt with by each bench. 

18.  Power  of  Chairperson  to  transfer  cases.—On  an  application  for  transfer  made  by  the 
complainant  or  the  public  servant,  the  Chairperson,  after  giving  an  opportunity  of  being  heard  to  the 
complainant or the public servant, as the case may be, may transfer any case pending before one bench for 
disposal to any other bench. 

19.  Decision  to  be  by  majority.—If  the  Members  of  a  bench  consisting  of  an  even  number  of 
Members  differ  in  opinion  on  any  point,  they  shall  state  the  point  or  points  on  which  they  differ,  and 
make a reference to the Chairperson who shall either hear the point or points himself or refer the case for 
hearing  on such  point  or  points  by  one  or  more  of the  other  Members  of the  Lokpal  and  such  point  or 
points shall be decided according to the  opinion of the majority of the Members of the Lokpal who have 
heard the case, including those who first heard it. 

PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION 

CHAPTER VII 

20.  Provisions  relating  to  complaints  and  preliminary  inquiry  and  investigation.—(1)  The 

Lokpal on receipt of a complaint, if it decides to proceed further, may order— 

(a) preliminary inquiry against any public servant by its Inquiry Wing or any agency (including 
the  Delhi  Special  Police  Establishment)  to  ascertain  whether  there  exists  a  prima  facie  case  for 
proceeding in the matter; or 

(b)  investigation  by  any  agency  (including  the  Delhi  Special  Police  Establishment)  when  there 

exists a prima facie case: 

Provided that the Lokpal shall if it has decided to proceed with the preliminary inquiry, by a general 
or special order, refer the complaints or a category of complaints or a complaint received by it in respect 
of  public  servants  belonging  to  Group  A  or  Group B  or  Group  C  or  Group  D  to  the  Central Vigilance 

11 

 
 
 
 
Commission  constituted  under  sub-section  (1)  of  section  3  of  the  Central  Vigilance  Commission  Act, 
2003 (45 of 2003): 

Provided further that the Central Vigilance Commission in respect of complaints referred to it under 
the first proviso, after making preliminary inquiry in respect of public servants belonging to Group A and 
Group B, shall submit its report to the Lokpal in accordance with the provisions contained in sub-sections 
(2)  and  (4)  and  in  case  of  public  servants  belonging  to  Group  C  and  Group  D,  the  Commission  shall 
proceed in accordance with the provisions of the Central Vigilance Commission Act, 2003 (45 of 2003): 

Provided  also  that  before  ordering  an  investigation  under  clause  (b),  the  Lokpal  shall  call  for  the 
explanation  of  the  public  servant  so  as  to  determine  whether  there  exists  a  prima  facie  case  for 
investigation: 

Provided also that the seeking of explanation from the public servant before an investigation shall not 
interfere with the search and seizure, if any, required to be undertaken by any agency (including the Delhi 
Special Police Establishment) under this Act. 

(2)  During  the  preliminary  inquiry  referred  to  in  sub-section  (1),  the  Inquiry  Wing  or  any  agency 
(including the Delhi Special Police Establishment) shall conduct a preliminary inquiry and on the basis of 
material,  information  and  documents  collected  seek  the  comments  on  the  allegations  made  in  the 
complaint from the public servant and the competent authority and after obtaining the comments of the 
concerned public servant and the competent authority, submit, within sixty days from the date of receipt 
of the reference, a report to the Lokpal. 

(3)  A  bench  consisting  of  not  less  than  three  Members  of  the  Lokpal  shall  consider  every  report 
received under sub-section (2) from the Inquiry Wing or any agency (including the Delhi Special Police 
Establishment), and after giving an opportunity of being heard to the public servant, decide whether there 
exists a prima facie case, and proceed with one or more of the following actions, namely:— 

(a) investigation by any agency or the Delhi Special Police Establishment, as the case may be; 

(b)  initiation  of  the  departmental  proceedings  or  any  other  appropriate  action  against  the 

concerned public servants by the competent authority; 

(c) closure of the proceedings against the public servant and to proceed against the complainant 

under section 46. 

(4)  Every  preliminary  inquiry  referred  to  in  sub-section  (1)  shall  ordinarily  be  completed  within  a 
period  of  ninety  days  and  for  reasons  to  be  recorded  in  writing,  within  a  further  period  of  ninety  days 
from the date of receipt of the complaint. 

(5) In case the Lokpal decides to proceed to investigate into the complaint, it shall direct any agency 
(including  the  Delhi  Special  Police  Establishment)  to  carry  out  the  investigation  as  expeditiously  as 
possible and complete the investigation within a period of six months from the date of its order: 

Provided that the Lokpal may extend the said period by a further period not exceeding of six months 

at a time for the reasons to be recorded in writing. 

(6)  Notwithstanding  anything  contained  in  section  173  of  the  Code  of  Criminal  Procedure,  1973       

(2  of  1974),  any  agency  (including  the  Delhi  Special  Police  Establishment)  shall,  in  respect  of  cases 
referred  to  it  by  the  Lokpal,  submit  the  investigation  report  under  that  section  to  the  court  having 
jurisdiction and forward a copy thereof to the Lokpal. 

(7)  A  bench  consisting  of  not  less  than  three  Members  of  the  Lokpal  shall  consider  every  report 
received by it under sub-section (6) from any agency (including the Delhi Special Police Establishment) 
and after obtaining the comments of the competent authority and the public servant may— 

(a) grant sanction to its Prosecution Wing  or investigating  agency  to  file  charge-sheet  or  direct 

the closure of report before the Special Court against the public servant; 

(b)  direct  the  competent  authority  to  initiate  the  departmental  proceedings  or  any  other 

appropriate action against the concerned public servant. 

(8) The Lokpal may, after taking a decision under sub-section (7) on the filing of the charge-sheet, 
direct  its  Prosecution  Wing  or  any  investigating  agency  (including  the  Delhi  Special  Police 

12 

 
 
 
 
Establishment)  to  initiate  prosecution  in  the  Special  Court  in  respect  of  the  cases  investigated  by  the 
agency. 

(9)  The  Lokpal  may,  during  the  preliminary  inquiry  or  the  investigation,  as  the  case  may  be,  pass 
appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case 
may be, investigation as it deems fit. 

(10) The website of the Lokpal shall, from time to time and in such manner as may be specified by 
regulations, display to the public, the status of number of complaints pending before it or disposed of by 
it. 

(11) The Lokpal may retain the original records and evidences which are likely to be required in the 

process of preliminary inquiry or investigation or conduct of a case by it or by the Special Court. 

(12) Save  as otherwise  provided,  the  manner and  procedure  of  conducting  a  preliminary  inquiry  or 
investigation (including such material and documents to be made available to the public servant) under 
this Act, shall be such as may be specified by regulations. 

21. Persons likely to be prejudicially affected to be heard.—If, at any stage of the proceeding, the 

Lokpal— 

(a) considers it necessary to inquire into the conduct of any person other than the accused; or 

(b)  is  of  opinion  that  the  reputation  of  any  person  other  than  an  accused  is  likely  to  be 

prejudicially affected by the preliminary inquiry, 

the Lokpal shall give to that person a reasonable opportunity of being heard in the preliminary inquiry and 
to produce evidence in his defence, consistent with the principles of natural justice. 

22. Lokpal may require any public servant or any other person to furnish information, etc.— 
Subject  to  the  provisions  of  this  Act,  for  the  purpose  of  any  preliminary  inquiry  or  investigation,  the 
Lokpal  or  the  investigating  agency,  as  the  case  may  be,  may  require  any  public  servant  or  any  other 
person  who,  in  its  opinion,  is  able  to  furnish  information  or  produce  documents  relevant  to  such 
preliminary inquiry or investigation, to furnish any such information or produce any such document. 

23. Power of Lokpal to grant sanction for initiating prosecution.—(1) Notwithstanding anything 
contained in section 197 of the Code of Criminal Procedure, 1973 (2 of 1974) or section 6A of the Delhi 
Special Police Establishment Act, 1946 (25 of 1946) or section 19 of the Prevention of Corruption Act, 
1988 (49 of 1988), the Lokpal shall have the power to grant sanction for prosecution under clause (a) of 
sub-section (7) of section 20. 

(2) No prosecution under sub-section (1) shall be initiated against any public servant accused of any 
offence alleged to have been committed by him while acting or purporting to act in the discharge of his 
official duty, and no court shall take cognizance of such offence except with the previous sanction of the 
Lokpal. 

(3) Nothing contained in sub-sections (1) and (2) shall apply in respect of the persons holding office 
in pursuance of the provisions of the Constitution and in respect of which a procedure for removal of such 
person has been specified therein. 

(4)  The  provisions  contained  in  sub-sections  (1),  (2)  and  (3)  shall  be  without  prejudice  to  the 
generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the 
Constitution. 

24. Action on investigation against public servant being Prime Minister, Ministers or members 
of Parliament.—Where, after the conclusion of the investigation, the findings of the Lokpal disclose the 
commission of an offence under the Prevention of Corruption Act, 1988 (49 of 1988)  by a public servant 
referred to in clause (a) or clause (b) or clause (c) of sub-section (1) of section 14, the Lokpal may file a 
case in the Special Court and shall send a copy of the report together with its findings to the competent 
authority. 

13 

 
 
 
 
 
 
CHAPTER VIII 

POWERS OF LOKPAL 

25.  Supervisory  powers  of  Lokpal.—(1) The  Lokpal  shall,  notwithstanding  anything  contained in 
section 4 of the Delhi Special Police Establishment Act, 1946 (25 of 1946) and section 8 of the Central 
Vigilance  Commission  Act,  2003  (45  of  2003),  have  the  powers  of  superintendence  over,  and  to  give 
direction  to  the  Delhi  Special  Police  Establishment in  respect of  the  matters  referred  by  the  Lokpal for 
preliminary inquiry or investigation to the Delhi Special Police Establishment under this Act: 

Provided that while exercising powers of superintendence or giving direction under this sub-section, 
the Lokpal shall not exercise powers in such a manner so as to require any agency (including the Delhi 
Special Police Establishment) to whom the investigation has been given, to investigate and dispose of any 
case in a particular manner. 

(2)  The  Central  Vigilance  Commission  shall  send  a  statement,  at  such  interval  as  the  Lokpal  may 
direct, to the Lokpal in respect of action taken on complaints referred to it under the second proviso to 
sub-section  (1)  of  section  20  and  on  receipt  of  such  statement,  the  Lokpal  may  issue  guidelines  for 
effective and expeditious disposal of such cases. 

(3)  Any  officer  of  the  Delhi  Special  Police  Establishment  investigating  a  case  referred  to  it  by  the 

Lokpal, shall not be transferred without the approval of the Lokpal. 

(4) The Delhi Special Police Establishment may, with the consent of the Lokpal, appoint a panel of 

Advocates, other than the Government Advocates, for conducting the cases referred to it by the Lokpal. 

(5) The Central Government may from time to time make available such funds as may be required by 
the  Director  of  the  Delhi  Special  Police  Establishment  for  conducting  effective  investigation  into  the 
matters referred to it by the Lokpal and the Director shall be responsible for the expenditure incurred in 
conducting such investigation. 

26.  Search  and  seizure.—(1)  If  the  Lokpal  has  reason  to  believe  that  any  document  which,  in  its 
opinion, shall be useful for, or relevant to, any investigation under this Act, are secreted in any place, it 
may authorise any agency (including the Delhi Special Police Establishment) to whom the investigation 
has been given to search for and to seize such documents. 

(2) If the Lokpal is satisfied that any document seized under sub-section (1) may be used as evidence 
for the purpose of any investigation under this Act and that it shall be necessary to retain the document in 
its  custody  or  in  the  custody  of  such  officer  as  may  be  authorised,  it  may  so  retain  or  direct  such 
authorised officer to retain such document till the completion of such investigation: 

Provided that where any document is required to be returned, the Lokpal or the authorised officer may 

return the same after retaining copies of such document duly authenticated. 

27.  Lokpal  to  have  powers  of  civil  court  in  certain  cases.—(1)  Subject to the  provisions  of  this 
section,  for  the  purpose  of  any  preliminary  inquiry,  the  Inquiry  Wing  of  the  Lokpal  shall  have  all  the 
powers of a civil court, under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect 
of the following matters, namely:— 

(i) summoning and enforcing the attendance of any person and examining him on oath; 

(ii) requiring the discovery and production of any document; 

(iii) receiving evidence on affidavits; 

(iv) requisitioning any public record or copy thereof from any court or office; 

(v) issuing commissions for the examination of witnesses or documents: 

Provided that such commission, in case of a witness, shall be issued only where the witness, in 

the opinion of the Lokpal, is not in a position to attend the proceeding before the Lokpal; and 

(vi) such other matters as may be prescribed. 

(2) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding within the meaning 

of section 193 of the Indian Penal Code (45 of 1860). 

14 

 
 
 
 
28.  Power  of  Lokpal  to  utilise  services  of  officers  of  Central  or  State  Government.—(1)  The 
Lokpal may, for the purpose of conducting any preliminary inquiry or investigation, utilise the services of 
any officer or organisation or investigating agency of the Central Government or any State Government, 
as the case may be. 

(2) For the purpose of preliminary inquiry or investigating into any matter pertaining to such inquiry 
or investigation, any officer or organisation or agency whose services are utilised under sub-section (1) 
may, subject to the superintendence and direction of the Lokpal,— 

(a) summon and enforce the attendance of any person and examine him; 

(b) require the discovery and production of any document; and 

(c) requisition any public record or copy thereof from any office. 

(3)  The  officer  or  organisation  or  agency  whose  services  are  utilised  under  sub-section  (2)  shall 
inquire  or,  as  the  case  may  be,  investigate  into  any  matter  pertaining  to  the  preliminary  inquiry  or 
investigation and submit a report thereon to the Lokpal within such period as may be specified by it in 
this behalf. 

29. Provisional attachment of assets.—(1) Where the Lokpal or any officer authorised by it in this 
behalf, has reason to believe, the reason for such belief to be recorded in writing, on the basis of material 
in his possession, that— 

(a)  any person is in possession of any proceeds of corruption; 

(b) such person is accused of having committed an offence relating to corruption; and 

(c) such proceeds of offence are likely to be concealed, transferred or dealt with in any manner 

which may result in frustrating any proceedings relating to confiscation of such proceeds of offence, 

the  Lokpal  or  the  authorised  officer  may,  by  order  in  writing,  provisionally  attach  such  property  for  a 
period  not  exceeding  ninety  days  from  the  date  of  the  order,  in  the  manner  provided  in  the  Second 
Schedule to the Income-tax Act, 1961 (43 of 1961) and the Lokpal and the officer shall be deemed to be 
an officer under sub-rule (e) of rule 1 of that Schedule. 

(2)  The  Lokpal  or  the  officer  authorised  in  this  behalf  shall,  immediately  after  attachment  under        

sub-section (1), forward a copy of the order, along with the material in his possession, referred to in that 
sub-section,  to  the  Special  Court,  in  a  sealed  envelope,  in  the  manner  as  may  be  prescribed  and  such 
Court may extend the order of attachment and keep such material for such period as the Court may deem 
fit. 

(3) Every order of attachment made under sub-section (1) shall cease to have effect after the expiry of 
the period specified in that sub-section or after the expiry of the period as directed by the Special Court 
under sub-section (2). 

(4)  Nothing  in  this  section  shall  prevent  the  person  interested  in  the  enjoyment  of  the  immovable 

property attached under sub-section (1) or sub-section (2), from such enjoyment. 

Explanation.—For the purposes of this sub-section, "person interested", in relation to any immovable 

property, includes all persons claiming or entitled to claim any interest in the property. 

30.  Confirmation  of  attachment  of  assets.—(1)  The  Lokpal,  when  it  provisionally  attaches  any 
property under sub-section (1) of section 29 shall, within a period of thirty days of such attachment, direct 
its Prosecution Wing to file an application stating  the facts of such attachment before the Special Court 
and  make  a  prayer  for  confirmation  of  attachment  of  the  property  till  completion  of  the  proceedings 
against the public servant in the Special Court. 

(2) The Special Court may, if it is of the opinion that the property provisionally attached had been 
acquired through corrupt means, make an order for confirmation of attachment of such property till the 
completion of the proceedings against the public servant in the Special Court. 

(3)  If  the  public  servant  is  subsequently  acquitted  of  the  charges  framed  against  him,  the  property, 
subject to  the  orders  of the  Special  Court,  shall  be  restored to  the  concerned  public  servant  along  with 
benefits from such property as might have accrued during the period of attachment. 

15 

 
 
 
 
(4) If the public servant is subsequently convicted of the charges of corruption, the proceeds relatable 
to the offence under the Prevention of Corruption Act, 1988 (49 of 1988) shall be confiscated and vest in 
the Central Government free from any encumbrance or leasehold interest excluding any debt due to any 
bank or financial institution. 

Explanation.—For  the  purposes  of  this  sub-section,  the  expressions  "bank",  "debt"  and  "financial 
institution" shall have the meanings respectively assigned to them in clauses (d), (g) and (h) of section 2 
of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993). 

31.  Confiscation  of  assets,  proceeds,  receipts  and  benefits  arisen  or  procured  by  means  of 
corruption  in  special  circumstances.—(1)  Without  prejudice  to  the  provisions  of  sections  29  and  30, 
where the Special Court, on the basis of prima facie evidence, has reason to believe or is satisfied that the 
assets,  proceeds,  receipts  and  benefits,  by  whatever  name  called,  have  arisen  or  procured  by  means  of 
corruption by the public servant, it may authorise the confiscation of such assets, proceeds, receipts and 
benefits till his acquittal. 

(2) Where an order of confiscation made under sub-section (1) is modified or annulled by the High 
Court  or  where  the  public  servant  is  acquitted  by  the  Special  Court,  the  assets,  proceeds,  receipts  and 
benefits, confiscated under sub-section (1) shall be returned to such public servant, and in case it is not 
possible for any reason to return the assets, proceeds, receipts and benefits, such public servant shall be 
paid  the  price  thereof  including  the  money  so  confiscated  with  interest  at  the  rate  of  five  per  cent.  per 
annum thereon calculated from the date of confiscation. 

32.  Power  of  Lokpal  to  recommend  transfer  or  suspension  of  public  servant  connected  with 
allegation of corruption.—(1) Where the Lokpal, while making a preliminary inquiry into allegations of 
corruption, is prima facie satisfied, on the basis of evidence available,— 

(i) that the continuance of the public servant referred to in clause (d) or clause (e) or clause (f) of 
sub-section (1) of section 14 in his post while conducting the preliminary inquiry is likely to affect 
such preliminary inquiry adversely; or 

(ii) such public servant is likely to destroy or in any way tamper with the evidence or influence 

witnesses, 

then,  the  Lokpal  may  recommend  to  the  Central  Government  for  transfer  or  suspension  of  such  public 
servant from the post held by him till such period as may be specified in the order. 

(2) The Central Government shall ordinarily accept the recommendation of the  Lokpal made under 
sub-section (1), except for the reasons to be recorded in writing in a case where it is not feasible to do so 
for administrative reasons. 

33.  Power  of  Lokpal  to  give  directions  to  prevent  destruction  of  records  during  preliminary 
inquiry.—The Lokpal may, in the discharge of its functions under this Act, issue appropriate directions 
to a public servant entrusted with the preparation or custody of any document or record— 

(a) to protect such document or record from destruction or damage; or 

(b) to prevent the public servant from altering or secreting such document or record; or 

(c) to prevent the public servant from transferring or alienating any assets allegedly acquired by 

him through corrupt means. 

34. Power to delegate.—The Lokpal may, by general or special order in writing, and subject to such 
conditions and limitations as may be specified therein, direct that any administrative or financial power 
conferred on it may also be exercised or discharged by such of its Members or officers or employees as 
may be specified in the order. 

CHAPTER IX 

SPECIAL COURTS 

35. Special Courts to be constituted by Central Government.—(1) The Central Government shall 
constitute such number of Special Courts, as recommended by the Lokpal, to hear and decide the  cases 
arising out of the Prevention of Corruption Act, 1988 (49 of 1988)  or under this Act. 

16 

 
 
 
 
(2) The Special Courts constituted under sub-section (1) shall ensure completion of each trial within a 

period of one year from the date of filing of the case in the Court: 

Provided that in case the trial cannot be completed within a period of one year, the Special Court shall 
record reasons therefore and complete the trial within a further period of not more than three months or 
such further periods not exceeding three months each, for reasons to be recorded in writing before the end 
of each such three months period, but not exceeding a total period of two years. 

36.  Letter  of  request  to  a  contracting  State  in  certain  cases.—(1)  Notwithstanding  anything 
contained  in  this  Act  or  the  Code  of  Criminal  Procedure,  1973  (2  of  1974)  if,  in  the  course  of  an 
preliminary inquiry or investigation into an offence or other proceeding under this Act, an application is 
made to a Special Court by an officer of the Lokpal authorised in this behalf that any evidence is required 
in connection with the preliminary inquiry or investigation into an offence or proceeding under this Act 
and he is of the opinion that such evidence may be available in any place in a contracting State, and the 
Special Court, on being satisfied that such evidence is required in connection with the preliminary inquiry 
or investigation into an offence or proceeding under this Act, may issue a letter of request to a court or an 
authority in the contracting State competent to deal with such request to— 

(i) examine the facts and circumstances of the case; 

(ii) take such steps as the Special Court may specify in such letter of request; and 

(iii)  forward  all  the  evidence  so  taken  or  collected  to  the  Special  Court  issuing  such  letter  of 

request. 

(2) The letter of request shall be transmitted in such manner as the Central Government may prescribe 

in this behalf. 

(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to 

be evidence collected during the course of the preliminary inquiry or investigation. 

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 therefrom 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. 

17 

 
 
 
 
38. Complaints against officials of Lokpal.—(1) Every complaint of allegation or wrongdoing made 
against any officer or employee or agency (including the Delhi Special Police Establishment), under or 
associated  with  the  Lokpal  for  an  offence  punishable  under  the  Prevention  of  Corruption  Act,  1988       
(49 of 1988) shall be dealt with in accordance with the provisions of this section. 

(2) The Lokpal shall complete the inquiry into the complaint or allegation made within a period of 

thirty days from the date of its receipt. 

(3)  While  making  an  inquiry  into  the  complaint  against  any  officer  or  employee  of  the  Lokpal  or 
agency  engaged  or  associated  with  the  Lokpal,  if  it  is  prima  facie  satisfied  on  the  basis  of  evidence 
available, that— 

(a) continuance of such officer or employee of the Lokpal or agency engaged or associated in his 

post while conducting the inquiry is likely to affect such inquiry adversely; or 

(b) an officer or employee of the Lokpal or agency engaged or associated is likely to destroy or in 

any way tamper with the evidence or influence witnesses, 

then, the Lokpal may, by  order, suspend such officer or employee of the Lokpal or divest such agency 
engaged or associated with the Lokpal of all powers and responsibilities hereto before exercised by it. 

(4) On the completion of the inquiry, if the Lokpal is satisfied that there is prima facie evidence of the 
commission  of  an  offence  under  the  Prevention  of  Corruption  Act,  1988  (49  of  1988)  or  of  any 
wrongdoing, it shall, within a period of fifteen days of the completion of such inquiry, order to prosecute 
such officer or employee of the Lokpal or such officer, employee, agency engaged or associated with the 
Lokpal and initiate disciplinary proceedings against the official concerned: 

Provided that no such order shall be passed without giving such officer or employee of the Lokpal, 

such officer, employee, agency engaged or associated, a reasonable opportunity of being heard. 

ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT 

CHAPTER XI 

39. Assessment of loss and recovery thereof by Special Court.—If any public servant is convicted 
of  an  offence  under  the  Prevention  of  Corruption  Act,  1988  (49  of  1988)  by  the  special  Court, 
notwithstanding and without prejudice to any law for the time being in force, it may make an assessment 
of  loss,  if  any,  caused  to  the  public  exchequer  on  account  of  the  actions  or  decisions  of  such  public 
servant not taken in good faith and for which he stands convicted, and may order recovery of such loss, if 
possible or quantifiable, from such public servant so convicted: 

Provided that if the Special Court, for reasons to be recorded in writing, comes to the conclusion that 
the loss caused was pursuant to a conspiracy with the beneficiary or beneficiaries of actions or decisions 
of the public servant so convicted, then such loss may, if assessed and quantifiable under this section, also 
be recovered from such beneficiary or beneficiaries proportionately. 

CHAPTER XII 

FINANCE, ACCOUNTS AND AUDIT 

40. Budget.—The Lokpal shall prepare, in such form and at such time in each financial year as may 
be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the 
Lokpal and forward the same to the Central Government for information. 

41. Grants by Central Government.—The Central Government may, after due appropriation made 
by Parliament by law in this behalf, make to the Lokpal grants of such sums of money as are required to 
be paid for the salaries and allowances payable to the Chairperson and Members and the administrative 
expenses, including the salaries and allowances and pension payable to or in respect of officers and other 
employees of the Lokpal. 

42.  Annual  statement  of  accounts.—(1)  The  Lokpal  shall  maintain  proper  accounts  and  other 
relevant records and prepare an annual statement of accounts in such form as may be prescribed by the 
Central Government in consultation with the Comptroller and Auditor-General of India. 

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(2) The accounts of the Lokpal shall be audited by the Comptroller and Auditor-General of India at 

such intervals as may be specified by him. 

(3) The Comptroller and Auditor-General of India or any person appointed by him in connection with 
the audit of the accounts of the Lokpal under this Act shall have the same rights, privileges and authority 
in  connection  with  such  audit,  as  the  Comptroller  and  Auditor-General  of  India  generally  has,  in 
connection with the audit of the Government accounts and, in particular, shall have the right to demand 
the  production  of  books,  accounts,  connected  vouchers  and  other  documents  and  papers  and  to  inspect 
any of the offices of the Lokpal. 

(4) The accounts of the Lokpal, as certified by the Comptroller and Auditor-General of India or any 
other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded 
annually to the Central Government and the Central Government shall cause the same to be laid before 
each House of Parliament. 

43. Furnishing of returns, etc., to Central Government.—The Lokpal shall furnish to the Central 
Government,  at  such  time  and  in  such  form  and  manner  as  may  be  prescribed  or  as  the  Central 
Government may request, such returns and statements and such particulars in regard to any matter under 
the jurisdiction of the Lokpal, as the Central Government may, from time to time, require. 

CHAPTER XIII 

DECLARATION OF ASSETS 

1[44.  Declaration  of  assets.—On  and  from  the  date  of  commencement  of  this  Act,  every  public 
servant  shall  make  a  declaration  of  his  assets  and  liabilities  in  such  form  and  manner  as  may  be 
prescribed.] 

45.  Presumption  as  to  acquisition  of  assets  by  corrupt  means  in  certain  cases.—If  any  public 

servant wilfully or for reasons which are not justifiable, fails to— 

(a) to declare his assets; or 

(b)  gives  misleading  information  in  respect  of  such  assets  and  is  found  to  be  in  possession  of 

assets not disclosed or in respect of which misleading information was furnished, 

then, such assets shall, unless otherwise proved, be presumed to belong to the public servant and shall be 
presumed to be assets acquired by corrupt means: 

Provided  that  the  competent  authority  may  condone  or  exempt  the  public  servant  from  furnishing 

information in respect of assets not exceeding such minimum value as may be prescribed. 

CHAPTER XIV 

OFFENCES AND PENALTIES 

46. Prosecution for false complaint and payment of compensation, etc., to public servant.—(1) 
Notwithstanding  anything  contained  in  this  Act,  whoever  makes  any  false  and  frivolous  or  vexatious 
complaint  under  this  Act  shall,  on  conviction,  be  punished  with  imprisonment  for  a  term  which  may 
extend to one year and with fine which may extend to one lakh rupees. 

(2) No Court, except a Special Court, shall take cognizance of an offence under sub-section (1). 

(3) No Special Court shall take cognizance of an offence under sub-section (1) except on a complaint 
made  by  a  person  against  whom  the  false,  frivolous or  vexatious  complaint  was  made  or  by  an  officer 
authorised by the Lokpal. 

(4) The prosecution in relation to an offence under sub-section (1) shall be conducted by the public 

prosecutor and all expenses connected with such prosecution shall be borne by the Central Government. 

(5) In case of conviction of a person [being an individual or society or association of persons or trust 
(whether registered or not)], for having made a false complaint under this Act, such person shall be liable 
to pay compensation to the public servant against whom he made the false complaint in addition to the 
legal expenses for contesting the case by such public servant, as the Special Court may determine. 

1. Subs. by Act 37 of 2016, s. 2, for section 44 (w.e.f. 16-1-2014). 

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(6) Nothing contained in this section shall apply in case of complaints made in good faith. 

Explanation.—For  the  purpose  of  this  sub-section,  the  expression  “good  faith”  means  any  act 
believed or done by a person in good faith with due care, caution and sense of responsibility or by mistake 
of fact believing himself justified by law under section 79 of the Indian Penal Code (45 of 1860). 

47. False complaint made by society or association of persons or trust.—(1) Where any offence 
under sub-section (1) of section 46 has been committed by any society or association of persons or trust 
(whether  registered  or  not),  every  person  who,  at  the  time  the  offence  was  committed,  was  directly  in 
charge  of,  and  was  responsible  to, the  society  or  association  of  persons  or  trust,  for the  conduct  of  the 
business or affairs or activities of the society or association of persons or trust as well as such society or 
association  of  persons  or  trust  shall  be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be 
proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act, if he proves that the offence was committed without his knowledge or 
that he had exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed by a society or association of persons or trust (whether registered or not) and it is proved that 
the offence has been committed with the consent or connivance of, or is attributable to any neglect on the 
part of, any director, manager, secretary or other officer of such society or association of persons or trust, 
such  director,  manager,  secretary  or  other  officer  shall  also be  deemed  to  be  guilty  of  that  offence  and 
shall be liable to be proceeded against and punished accordingly. 

CHAPTER XV 

MISCELLANEOUS 

48.  Reports  of  Lokpal.—It  shall  be  the  duty  of  the  Lokpal  to  present  annually  to  the  President  a 
report  on  the  work  done  by  the  Lokpal  and  on  receipt  of  such  report  the  President  shall  cause  a  copy 
thereof together with a memorandum explaining, in respect of the cases, if any, where the advice of the 
Lokpal was not accepted, the reason for such non-acceptance to be laid before each House of Parliament. 

49.  Lokpal  to function  as  appellate  authority for  appeals  arising  out  of  any  other  law for  the 
time  being  in  force.—The  Lokpal  shall  function  as  the  final  appellate  authority  in  respect  of  appeals 
arising  out  of  any  other  law  for  the  time  being  in  force  providing  for  delivery  of  public  services  and 
redressal  of  public  grievances  by  any  public  authority  in  cases  where  the  decision  contains  findings  of 
corruption under the Prevention of Corruption Act, 1988 (49 of 1988). 

50. Protection of action taken in good faith by any public servant.—No suit, prosecution or other 
legal proceedings under this Act shall lie against any public servant, in respect of anything which is done 
in good faith or intended to be done in the discharge of his official functions or in exercise of his powers. 

51.  Protection  of  action  taken  in  good  faith  by  others.—No  suit,  prosecution  or  other  legal 
proceedings shall lie against the Lokpal or against any officer, employee, agency or any person, in respect 
of  anything  which  is  done  in  good  faith  or  intended  to  be  done  under  this  Act  or  the  rules  or  the 
regulations made thereunder. 

52.  Members,  officers  and  employees  of  Lokpal  to  be  public  servants.—The  Chairperson, 
Members, officers and other employees of the Lokpal shall be deemed, when acting or purporting to act 
in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of 
the Indian Penal Code (45 of  1860). 

53.  Limitation  to  apply  in  certain  cases.—The  Lokpal  shall  not  inquire  or  investigate  into  any 
complaint, if the complaint is made after the expiry of a period of seven years from the date on which the 
offence mentioned in such complaint is alleged to have been committed. 

54.  Bar  of  jurisdiction.—No  civil  court  shall  have  jurisdiction  in  respect  of  any  matter  which the 

Lokpal is empowered by or under this Act to determine. 

20 

 
 
 
 
55. Legal assistance.—The Lokpal shall provide to every person against whom a complaint has been 
made, before it, under this Act, legal assistance to defend his case before the Lokpal, if such assistance is 
requested for. 

56.  Act  to  have  overriding  effect.—The  provisions  of  this  Act  shall  have  effect  notwithstanding 
anything  inconsistent  therewith  contained  in  any  enactment  other  than  this  Act  or  in  any  instrument 
having effect by virtue of any enactment other than this Act. 

57. Provisions of this Act to be in addition of other laws.—The provisions of this Act shall be in 

addition to, and not in derogation of, any other law for the time being in force. 

58.  Amendment  of  certain  enactments.—The  enactments  specified  in  the  Schedule  shall  be 

amended in the manner specified therein. 

59. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the form of complaint referred to in clause (e) of sub-section (1) of section 2; 

(b)  the  term  of  the  Search  Committee,  the  fee  and  allowances  payable  to  its  members  and  the 

manner of selection of panel of names under sub-section (5) of section 4; 

(c) the post or posts in respect of which the appointment shall be made after consultation with the 

Union Public Service Commission under the proviso to sub-section (3) of section 10; 

(d) other matters for which the Lokpal shall have the powers of a civil court under clause (vi) of 

sub-section (1) of section 27; 

(e) the  manner  of  sending the  order  of  attachment  along  with  the  material  to  the  Special  Court 

under sub-section (2) of section 29; 

(f) the manner of transmitting the letter of request under sub-section (2) of section 36; 

(g) the form  and  the  time  for  preparing  in  each  financial  year  the  budget for  the  next financial 

year, showing the estimated receipts and expenditure of the Lokpal under section 40; 

(h)  the  form  for  maintaining  the  accounts  and  other  relevant  records  and  the  form  of  annual 

statement of accounts under sub-section (1) of section 42; 

(i)  the  form  and  manner  and  the  time  for  preparing  the  returns  and  statements  along  with 

particulars under section 43; 

(j) the form and the time for preparing an annual return giving a summary of its activities during 

the previous year under sub-section (5) of section 44; 

1 [(k)  the  form  and  manner  of  declaration  of  assets  and  liabilities  by  public  servants  under             

section 44: 

Provided that the rules may be made under this clause retrospectively from the date on which that 

provisions of this Act came into force;] 

(l)  the  minimum  value  for  which  the  competent  authority  may  condone  or  exempt  a  public 

servant from furnishing information in respect of assets under the proviso to section 45; 

(m) any other matter which is to be or may be prescribed. 

60. Power of Lokpal to make regulations.—(1) Subject to the provisions of this Act and the rules 
made thereunder, the Lokpal may, by notification in the Official Gazette,  make regulations to carry out 
the provisions of  this Act. 

1. Subs. by Act 37 of 2016. s. 3, for clause (k) (w.e.f. 16-1-2014). 

21 

 
 
 
 
 
 
                                                           
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may 

provide for all or any of the following matters, namely:— 

(a) the  conditions  of  service  of  the  secretary  and  other  officers and staff  of  the  Lokpal  and  the 
matters which in so far as they relate to salaries, allowances, leave or pensions, require the approval 
of the President under sub-section (4) of section 10; 

(b) the place of sittings of benches of the Lokpal under clause (f) of sub-section (1) of section 16; 

(c) the manner for displaying on the website of the Lokpal, the status of all complaints pending or 
disposed  of  along  with  records  and  evidence  with  reference  thereto  under  sub-section  (10)  of       
section 20; 

(d)  the  manner  and  procedure  of  conducting  preliminary  inquiry  or  investigation  under                

sub-section (11) of section 20; 

(e) any other matter which is required to be, or may be, specified under this Act. 

61. Laying of rules and regulations.—Every rule and regulation made under this Act shall be laid, 
as  soon  as  may  be  after  it  is  made,  before  each  House  of  Parliament,  while  it  is  in  session,  for  a  total 
period of thirty days which may be comprised in one session or in two or more successive sessions, and 
if, before the expiry of the session immediately following the session or the successive sessions aforesaid, 
both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule 
or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified 
form or be of no effect, 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 or regulation. 

62.  Power  to  remove  difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order, published in the Official Gazette, make such provisions 
not inconsistent with the provisions of this Act, as appear to be necessary for removing the difficulty: 

Provided that no such order shall be made under this section after the expiry of a period of two years 

from the commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament. 

PART III 

ESTABLISHMENT OF THE LOKAYUKTA 

63. Establishment of Lokayukta.—Every State shall establish a body to be known as the Lokayukta 
for the State, if not so established, constituted or appointed, by a law made by the State Legislature, to 
deal  with  complaints  relating  to  corruption  against  certain  public  functionaries,  within  a  period  of  one 
year from the date of commencement of this Act. 

22 

 
 
 
 
 
 
 
 
 
 
THE SCHEDULE 

[See section 58] 

AMENDMENT TO CERTAIN ENACTMENTS 

PART I 

AMENDMENT TO THE COMMISSIONS OF INQUIRY ACT, 1952 

(60 OF 1952) 

Amendment  of  section  3.—In  section  3,  in  sub-section  (1),  for  the  words  “The  appropriate 
Government may”, the words and figures “Save as otherwise provided in the Lokpal and Lokayuktas Act, 
2013, the appropriate Government may” shall be substituted. 

AMENDMENTS TO THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946 

PART II 

1. Amendment of section 4A.—In section 4A,— 

(25 OF 1946) 

(i) for sub-section (1), the following sub-section shall be substituted, namely:— 

“(1)  The  Central  Government  shall  appoint  the  Director  on  the  recommendation  of  the 

Committee consisting of— 

(a) the Prime Minister—Chairperson; 

(b) the Leader of Opposition in the House of the People—Member; 

(c)  the  Chief  Justice  of  India  or  Judge  of  the  Supreme  Court  nominated  by                   

him—Member.”; 

(ii) sub-section (2) shall be omitted. 

2.  Insertion  of  new  section  4BA.—After  section  4B,  the  following  section  shall  be  inserted, 

namely:— 

“4BA.  Director  of  Prosecution.—(1)  There  shall  be  a  Directorate  of  Prosecution  headed  by  a 
Director who shall be an officer not below the rank of Joint Secretary to the Government of India, for 
conducting prosecution of cases under this Act. 

(2)  The  Director  of  Prosecution  shall  function  under  the  overall  supervision  and  control  of  the 

Director. 

(3) The Central Government shall appoint the Director of Prosecution on the recommendation of 

the Central Vigilance Commission. 

(4) The  Director  of  Prosecution  shall  notwithstanding  anything to the  contrary  contained  in  the 
rules  relating  to  his  conditions  of  service,  continue to  hold  office  for  a  period  of  not  less  than  two 
years from the date on which he assumes office.”. 

3. Amendment of section 4C.—In section 4C, for sub-section (1), the following sub-section shall be 

substituted, namely:— 

“(1) The Central Government shall appoint officers to the posts of the level of Superintendent of 
Police and above except Director, and also recommend the extension or curtailment of the tenure of 
such  officers  in  the  Delhi  Special  Police  Establishment,  on  the  recommendation  of  a  committee 
consisting of:— 

(a) the Central Vigilance Commissioner—Chairperson; 

(b) Vigilance Commissioners—Members; 

(c) Secretary to the Government of India in charge of the Ministry of Home—Member; 

23 

 
 
 
 
(d)  Secretary 

to 

the  Government  of 

India 

in  charge  of 

the  Department  of                    

Personnel—Member: 

Provided that the Committee shall consult the Director before submitting its recommendation 

to the Central Government.". 

PART III 

AMENDMENTS TO THE PREVENTION OF CORRUPTION ACT, 1988 

(49 OF 1988) 

1. Amendment of sections 7, 8, 9 and 12.—In sections 7, 8, 9 and section 12,— 

(a) for the words “six months”, the words “three years” shall respectively be substituted; 

(b) for the words “five years”, the words “seven years” shall respectively be substituted. 

2. Amendment of section 13.—In section 13, in sub-section (2),— 

(a) for the words “one year”, the words “four years” shall be substituted; 

(b) for the words “seven years”, the words “ten years” shall be substituted. 

3. Amendment of section 14.—In section 14,— 

(a) for the words “two years”, the words “five years” shall be substituted; 

(b) for the words “seven years”, the words “ten years” shall be substituted. 

4. Amendment of section 15.—In section 15, for the words “which may extend to three years”, the 

words “which shall not be less than two years but which may extend to five years” shall be substituted. 

5.  Amendment  of  section  19.—In section 19, after the words  “except with the previous sanction”, 

the words “save as otherwise provided in the Lokpal and Lokayuktas Act, 2013” shall be inserted. 

PART IV 

AMENDMENT TO THE CODE OF CRIMINAL PROCEDURE, 1973 

(2 OF 1974) 

Amendment  of  section  197.—In section 197, after the words  “except with the previous sanction”, 

the words “save as otherwise provided in the Lokpal and Lokayuktas Act, 2013” shall be inserted. 

PART V 

AMENDMENTS TO THE CENTRAL VIGILANCE COMMISSION ACT, 2003 

(45 OF 2003) 

1.  Amendment  of  section  2.—In section 2, after clause (d), the following clause shall be inserted, 

namely:— 

„(da) “Lokpal” means the Lokpal established under sub-section (1) of section 3 of the Lokpal and 

Lokayuktas Act, 2013;‟. 

2. Amendment of section 8.—In section 8, in sub-section (2), after clause (b), the following clause 

shall be inserted, namely:— 

“(c)  on  a  reference  made  by  the  Lokpal  under  proviso  to  sub-section  (1)  of  section  20  of  the 
Lokpal and Lokayuktas Act, 2013, the persons referred to in clause (d) of sub-section (1) shall also 
include— 

(i) members of Group B, Group C and Group D services of the Central Government; 

(ii) such level of officials or staff of the corporations established by or under any Central Act, 
Government companies, societies and other local authorities, owned or controlled by the Central 
Government,  as  that  Government  may,  by  notification  in  the  Official  Gazette,  specify  in  this 
behalf: 

24 

 
 
 
 
Provided that till such time a notification is issued under this clause, all officials or staff of the 
said  corporations,  companies,  societies  and  local  authorities  shall  be  deemed  to  be  the  persons 
referred in clause (d) of sub-section (1).". 

3. Insertion of new sections 8A and 8B.—After section 8, the following sections shall be inserted, 

namely:— 

“8A.  Action  on  preliminary  inquiry  in  relation  to  public  servants.—(1)  Where,  after  the 
conclusion of the preliminary inquiry relating to corruption of public servants belonging to Group C 
and  Group  D  officials  of  the  Central  Government,  the  findings  of  the  Commission  disclose,  after 
giving an opportunity of being heard to the public servant, a  prima facie  violation of conduct rules 
relating  to  corruption  under  the  Prevention  of  Corruption  Act,  1988  (49  of  1988)  by  such  public 
servant, the Commission shall proceed with one or more of the following actions, namely:— 

(a)  cause  an  investigation  by  any  agency  or  the  Delhi  Special  Police  Establishment,  as  the 

case may be; 

(b)  initiation  of  the  disciplinary  proceedings  or  any  other  appropriate  action  against  the 

concerned public servant by the competent authority; 

(c)  closure  of  the  proceedings  against  the  public  servant  and  to  proceed  against  the 

complainant under section 46 of the Lokpal and Lokayuktas Act, 2013. 

(2)  Every  preliminary  inquiry  referred  to  in  sub-section  (1)  shall  ordinarily  be  completed 
within a period of ninety days and for reasons to be recorded in writing, within a further period of 
ninety days from the date of receipt of the complaint. 

8B. Action on investigation in relation to public servants.—(1) In case the Commission decides to 
proceed  to investigate into  the  complaint  under  clause  (a)  of  sub-section  (1)  of section  8A, it  shall 
direct any agency (including the Delhi Special Police Establishment) to carry out the investigation as 
expeditiously as possible and complete the investigation within a period of six months from the date 
of its order and submit the investigation report containing its findings to the Commission: 

Provided that the Commission may extend the said period by a further period of six months for 

the reasons to be recorded in writing. 

(2) Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973 
(2 of 1974), any agency (including the Delhi Special Police Establishment) shall, in respect of cases 
referred to it by the Commission, submit the investigation report to the Commission. 

(3)  The  Commission  shall  consider  every  report  received  by  it  under  sub-section  (2)  from  any 

agency (including the Delhi Special Police Establishment) and may decide as to— 

(a) file charge-sheet or closure report before the Special Court against the public servant; 

(b)  initiate  the  departmental  proceedings  or  any  other  appropriate  action  against  the 

concerned public servant by the competent authority.". 

4.  Insertion  of  new  section  11A.—After  section  11,  the  following  section  shall  be  inserted, 

namely:— 

“11A.  Director  of  inquiry  for  making  preliminary  inquiry.—(1)  There  shall  be  a  Director  of 
Inquiry, not below the rank of Joint Secretary to the Government of India, who shall be appointed by 
the  Central  Government  for  conducting  preliminary  inquiries  referred  to  the  Commission  by  the 
Lokpal. 

(2) The Central Government shall provide the Director of Inquiry such officers and employees as 

may be required for the discharge of his functions under this Act.”. 

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