Bare ActsThe ARUNACHAL PRADESH LOKAYUXTA ACT, 2014

Section 8

Amendment status not verified — confirm the current text below against the official source.

(1) On ceasing to hold office, the Chairperson and every Membershallbe ineligiblefor- (i) reappointment as the Chairperson or a Memberofthe Lokayukta; (iD 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 Governor by wanant under his hand and seal; (iii) further employment to any other office of profit under the Government of lndia or the Government or corporation, company, society, local authority or aulonomous body as referred lo in sub- clauses (v) and (vi) of clause (c) of sub-section( t ) of section 2; (iv) contesting any election of President or Vice-President of lndia or Member of either House of Parliament or Member of either House of a State Legislalure or of Municipality or Panchayat within a period offive years from the date of relinquishing the post. 4 The Arunachal Pradesh Extraordinary Gazette, May 20, 2Q14 Notwithstanding anything contiained in sub-section ('1), a Membershall be eligible to be appointed as a Chairperson, if his total tenure as Member and Chairperson does not exceed live 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. ln the event of occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the Governor may, by notification, authorise the senior-most Member to act as the Chairperson until the appointment of a new Chairperson is made to fill such vacancy. When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior-most Member available, as the Govemor may, by notificatjon, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties. There shall be a Secretary or more than one Secretary to the Lokayukta, who is or has been, in the rank of Secretary to the Government in the State and who shall be appointed by the Chairperson from a panel of names sent by the Government. There shall be a Director of lnquiry and a Director of Prosecution not below the rank of the Additional Secretary to the Government equivalent, who shall be appointed by the Chairperson from a panel of names sent by the Government. The appointment of officers and staff of the Lokayukta shall be made by the Chairperson or such Member or olficer of Lokayukta as the Chairperson may direct: Provided that the Governor may, by rule, require that the appointment in respect ofany post or posts as may be specified in the rule, shall be made after consultation with the State Public SeNice Commission. Subject to the provisions ofany law made by the Legislature ofthe Slate the conditions of service of Secretary and other officers and staff ofthe Lokawkta shall be such as may be specified by regulations made by the Lokayukta 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 ofthe Governor. CHAPTER. III INQUIRYWING Notwithstanding anything contained in any la\,r/ for the time being in force, the Lokayukta shallconstitute an lnquiry \Mng headed bythe Dkector of lnquiryfor the purpose of conducting preliminary inquiry into any offence alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, '1988 and or under Chapter I of the lndian Penal Code 1860 Provided that till such time the lnquiry Wing is constituted by the Lokayukta, the Government shall make available such number of officers and other stafffrom such of its Departments, as may be required by the Lokayukta, for conducting preliminary inquiry under this Act. For the purposes of assisting the Lokayukta in conducting a preliminary inquiry under this Act, the officers of the lnquiryWing not below the rank of Under Secretary to the Government, shall have the same powers as are conferred upon the Lokayukta under section 28. CHAPTER.IV PROSECUTIONWING The Lokayukta shall, by notification, constitute a Prosecution- Wing headed by the Director of Prosecution who is or has been in the rank of Director of Public Prosecution of the State for the purpose of prosecution of public servants in relation to any complaint made before the Lokayukta under this Act : Provided that till such time the Prosecution Wing is constituted by the Lokayukta, the Government shall make available such numberofoffcers and other stafffrom such of its Departments, as may be required by the Lokayukta, for conducting prosecution under this Act. The Director of Prosecution shall, after having been so directed by the Lokayukta, file a case in accordance with the findings ofthe investigation report as per suFsection (6) of seclion 20, before the Special Court, and shall take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the Prevention of Corruption Act, 1988 and or under Chapter I ofthe lndian Penal Code'1860. The report under sub-section (2) shall be deemed to be a report, filed on completion of investigation, referred to in section 173 ofthe Code of Criminal Procedure, 1973. CHAPTER -V (2t s (1) (2)

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