The Lokpal and Lokayuktas Act, 2013 · XV — MISCELLANEOUS

Section 3. Insertion of new sections 8A and 8B

In force · As amended up to 2026-08

"8A. Action on preliminary inquiry in relation to public servants 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. 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 sub-section (3); and Supreme Court or an eminent person who fulfills the eligibility specified in clause (b) of (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. 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.

Source: India Code