The Lokpal and Lokayuktas Act, 2013 – Table of Contents

The Lokpal and Lokayuktas Act, 2013 (Act No. 1 of 2014) provides for the establishment of a body of Lokpal for the Union and Lokayukta for the States to inquire into allegations of corruption against certain public functionaries, including a Prime Minister, Ministers, members of Parliament, and Group A, B, C and D officers and officials of the Central Government and bodies financed or controlled by it. It sets out the composition and appointment of the Chairperson and Members, the Inquiry and Prosecution Wings, the jurisdiction of the Lokpal, the procedure for preliminary inquiry and investigation, the Lokpal’s powers of search, seizure, and provisional attachment and confiscation of assets, the constitution of Special Courts, complaints against the Lokpal’s own officials, declaration of assets by public servants, offences and penalties for false complaints, and directs every State to establish a Lokayukta within one year. It received assent on 1 January 2014 and came into force on 16 January 2014, and extends to the whole of India, applying to public servants in and outside India.

PART I — PRELIMINARY

• Section 1 — Short title, extent, application and commencement

PART II — LOKPAL FOR THE UNION

CHAPTER I — DEFINITIONS

• Section 2 — Definitions

CHAPTER II — ESTABLISHMENT OF LOKPAL

• Section 3 — Establishment of Lokpal
• Section 4 — Appointment of Chairperson and Members on recommendations of Selection Committee
• Section 5 — Filling of vacancies of Chairperson or Members
• Section 6 — Term of office of Chairperson and Members
• Section 7 — Salary, allowances and other conditions of service of Chairperson and Members
• Section 8 — Restriction on employment by Chairperson and Members after ceasing to hold office
• Section 9 — Member to act as Chairperson or to discharge his functions in certain circumstances
• Section 10 — Secretary, other officers and staff of Lokpal

CHAPTER III — INQUIRY WING

• Section 11 — Inquiry Wing

CHAPTER IV — PROSECUTION WING

• Section 12 — Prosecution Wing

CHAPTER V — EXPENSES OF LOKPAL TO BE CHARGED ON CONSOLIDATED FUND OF INDIA

• Section 13 — Expenses of Lokpal to be charged on Consolidated Fund of India

CHAPTER VI — JURISDICTION IN RESPECT OF INQUIRY

• Section 14 — Jurisdiction of Lokpal to include Prime Minister, Ministers, members of Parliament, Groups A, B, C and D officers and officials of Central Government
• Section 15 — Matters pending before any court or committee or authority for inquiry not to be affected
• Section 16 — Constitution of benches of Lokpal
• Section 17 — Distribution of business amongst benches
• Section 18 — Power of Chairperson to transfer cases
• Section 19 — Decision to be by majority

CHAPTER VII — PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION

• Section 20 — Provisions relating to complaints and preliminary inquiry and investigation
• Section 21 — Persons likely to be prejudicially affected to be heard
• Section 22 — Lokpal may require any public servant or any other person to furnish information, etc.
• Section 23 — Power of Lokpal to grant sanction for initiating prosecution
• Section 24 — Action on investigation against public servant being Prime Minister, Ministers or members of Parliament

CHAPTER VIII — POWERS OF LOKPAL

• Section 25 — Supervisory powers of Lokpal
• Section 26 — Search and seizure
• Section 27 — Lokpal to have powers of civil court in certain cases
• Section 28 — Power of Lokpal to utilise services of officers of Central or State Government
• Section 29 — Provisional attachment of assets
• Section 30 — Confirmation of attachment of assets
• Section 31 — Confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances
• Section 32 — Power of Lokpal to recommend transfer or suspension of public servant connected with allegation of corruption
• Section 33 — Power of Lokpal to give directions to prevent destruction of records during preliminary inquiry
• Section 34 — Power to delegate

CHAPTER IX — SPECIAL COURTS

• Section 35 — Special Courts to be constituted by Central Government
• Section 36 — Letter of request to a contracting State in certain cases

CHAPTER X — COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF LOKPAL

• Section 37 — Removal and suspension of Chairperson and Members of Lokpal
• Section 38 — Complaints against officials of Lokpal

CHAPTER XI — ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT

• Section 39 — Assessment of loss and recovery thereof by special court

CHAPTER XII — FINANCE, ACCOUNTS AND AUDIT

• Section 40 — Budget
• Section 41 — Grants by Central Government
• Section 42 — Annual statement of accounts
• Section 43 — Furnishing of returns, etc., to Central Government

CHAPTER XIII — DECLARATION OF ASSETS

• Section 44 — Declaration of assets
• Section 45 — Presumption as to acquisition of assets by corrupt means in certain cases

CHAPTER XIV — OFFENCES AND PENALTIES

• Section 46 — Prosecution for false complaint and payment of compensation, etc., to public servant
• Section 47 — False complaint made by society or association of persons or trust

CHAPTER XV — MISCELLANEOUS

• Section 48 — Reports of Lokpal
• Section 49 — Lokpal to function as appellate authority for appeals arising out of any other law for the time being in force
• Section 50 — Protection of action taken in good faith by any public servant
• Section 51 — Protection of action taken in good faith by others
• Section 52 — Members, officers and employees of Lokpal to be public servants
• Section 53 — Limitation to apply in certain cases
• Section 54 — Bar of jurisdiction
• Section 55 — Legal assistance
• Section 56 — Act to have overriding effect
• Section 57 — Provisions of this Act to be in addition of other laws
• Section 58 — Amendment of certain enactments
• Section 59 — Power to make rules
• Section 60 — Power of Lokpal to make regulations
• Section 61 — Laying of rules and regulations
• Section 62 — Power to remove difficulties

PART III — ESTABLISHMENT OF THE LOKAYUKTA

• Section 63 — Establishment of Lokayukta

THE SCHEDULE

• The Schedule — Amendment to Certain Enactments

Note: The Lokpal and Lokayuktas Act, 2013 received assent on 1 January 2014 and was brought into force on 16 January 2014. It was substantially amended by the Lokpal and Lokayuktas (Amendment) Act, 2016 (Act 37 of 2016), which recast the assets-declaration requirement in section 44. This site’s build-out is now complete across all three Parts and fifteen Chapters, covering all 63 sections and the Schedule amending the Commissions of Inquiry Act, 1952, the Delhi Special Police Establishment Act, 1946, the Prevention of Corruption Act, 1988, the Code of Criminal Procedure, 1973, and the Central Vigilance Commission Act, 2003.