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
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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.
CHAPTER VII
PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION
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
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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
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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
