Section 1. Short title, extent, application and commencement

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 date[1] as the Central Government may, by notification in the Official Gazette, appoint. 1. 16th January, 2014, v ide notification No. S.O. 119 (E), dated 16th January, 2014, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 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; PART II AMENDMENTS TO THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946 (25 OF 1946) 1. Amendment of section 4A . —In section 4A,— (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. (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. (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. 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. 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;‟.