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.