The Lokpal and Lokayuktas Act, 2013

Part II

Amendments to the Delhi Special Police Establishment Act, 1946

(25 OF 1946)

1. 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.

2. Insertion of new section 4BA

After section 4B, the following section shall be inserted, namely:-

“4BA. Director of Prosecution.

1.      There shall be a Directorate of Prosecution headed by a Director who shall be an officer not below the rank of Joint Secretary to the Government of India, for conducting prosecution of cases under this Act.

2.      The Director of Prosecution shall function under the overall supervision and control of the Director.

3.      The Central Government shall appoint the Director of Prosecution on the recommendation of the Central Vigilance Commission.

4.      The Director of Prosecution shall notwithstanding anything to the contrary contained in the rules relating to his conditions of service, continue to hold office for a period of not less than two years from the date on which he assumes office.”.

3. Amendment of section 4C

In section 4C, for sub-section (1), the following sub-section shall be substituted, namely:-

1.      “The Central Government shall appoint officers to the posts of the level of Superintendent of Police and above except Director, and also recommend the extension or curtailment of the tenure of such officers in the Delhi Special Police Establishment, on the recommendation of a committee consisting of:-

a.      the Central Vigilance Commissioner - Chairperson;

b.     Vigilance Commissioners - Members;

c.      Secretary to the Government of India in charge of the Ministry of Home - Member;

d.     Secretary to the Government of India in charge of the Department of Personnel - Member:

Provided that the Committee shall consult the Director before submitting its recommendation to the Central Government.".

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