Bare ActsThe Assam Lokayukta and Upa-Lokayuktas Act, 1985

Section 3

Term of Office and other conditions of service of Lokoyukiu and Vp a-Lo ka yukla

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

Term of Office and other conditions of service of Lokoyukiu and Vp a-Lo ka yukla.— (1) Every person appoin­ ted as the Lokayukta or Upa-Lokayu'zte shall hold office for a term Of five years from the date on whic': ho enters upon his office or until be attains the sr b of 67 y'nrsi which­ ever Is earlier." Provided that— (a) the Lokayultta or a n Up a-Lokayukta snav bv wri­ ting under his hand addressed to the Coverno. resign his office. (bl the Lokayukta nr an Up a-bokayukia may he remo­ ved from office In the manner specified in Sec ­ tion li fit) If the office of the Lokayukta or an Upa-Lxiktiyuktu becomes vacant or if the I/»kayuktB or an IJpH-Lokayuki.i is by teaiwt of absence or for any othri reason whatso­ ever, un ab k to perform the duties or Ills office, these duties absit until some other perron appointed undor Section J enters upon such office or. as tb- case may Ire. until the Lokayukta or such Up a-Lokayukta resumes hl» duties b (a) Where the office Of tbe Lokayu kta becomes vacai. or where he is unable to perform Use dlltle8 of hIs office, by tbe I) (a -I.ok ay uktn o r if there are two or more Upa-L okayuktas b v such one Of the U pr- Lokayuktas ss the Cov en tor m av bv order direr : fbl Where tbe office of an Upn -Loknyuktn becomes vacant or where he is unablo to perform tlie duties of Ilia office. by the Lokayukta him self, or if the Lokayukta so directs by the other Upa-L okayuk'8 Or as the CSS* may be specified in the direction (3) On ce-dsina to bold office the L okayukta or nn Upc- Lokaynkta shall be Ineligible for further employment (whether as the tyk ay ukfa or an Up»-L okayukta) or in nnv other capacity under the Gov ernment of Assam or for at v Substituted by Assam Ac: ,\o X f of 19B0. 8 em ployment un de r, or office in an y Rich local au thority, corporation, Gov ernm en t company or aed ety a s la referred to in lu b- da us e (iv) o f clause (J) of Section J. •i v) (a I The b ota yukla shall be entitled to such pay. .••‘OWBnces pension, priv ilege an d othe r cond ition s of service. c:< na y ho odmiariblc, to the Su prem e Court J mice ■ ir the Chi, ' . istioe of th e High Co urt, as the case may be. hu m time to tim e tb l Tire Upa -b uk ay uk ta sh all bo untitled to such pay. nllo wances, p;-naloh. privileges a nd other cond ition s of o?i vice, as m ay be admissible, to th e Judge of o H igh Co urt hnm tim e tn time. <C) The pay and allow ances and pension, pr ivile ges and her co nditions of service of th e Lo kayu kta o r Ups- l-ofcayukiu shall noi be va ried to his d isadvan ta ge du ring th e tanu ro of his offices: ': : ’ th e Loknyukta or U pa- bo ku yuk u at the tim e of i receipt o f a pen sion (o ther th an a dis- uh'l .y or would pension ) ir. respect of an y pe rvious "ic : unde r th e G ov ernm en t o f India or any of his prede- c« ii/ir Governm en t. h»s sala ry Ir. respec t of his service a« the bokayukfa or ns th e Upa-L ak ay uk ta, as th e case may bj, shall be red uced— (it) by th e am ount of th at pension; and (b l if hr h as before suc h a ppointmen t, rec eiv ed in lieu of a portion of the pen sion due to him In respect of such previous service, th e cocnmutod va lue th ereo f b y the am ount of th at portion of the pension; an d (cl if he has before such ap po intment, received a . nUittinent gratuity in respect of su ch previous service, by the pension equ ivalen t o f th at g ratuity Substituted by Assam Act Ko XI of 1890. 9 Provided further that the nllDwancea and pension, if *ny, payable to, and other condition', of service of live IXsayukta <•> ,n Cpa-Lokayukto ahull not be varied to his oisodvamage after hw appointment (fi> Removal of Lotayukla or Lpa-l^kayukta.—(1) Subject to the provisions of Article 311 of the Constitution, the Lokayukta or an Upa-bokayukta may be removed from his office by the Government on die tfround of misbehaviour ur incapacity and on no other ground: Provided that the I'/ivlxy required to be held under Clause (2| of the said Article before such removal,— 111 In rwotet of Loknyukta shall only be he'd by a person appointed By thn Govonwr being a person who is or has beet? .« judge of the Supreme Court or h Chlet Justice of a High Court, and (U) In rwoect of an lic.s-hokavualn shall be Iwld by a twitfon appointed by the Governor being n person who is or has been .fudge of th e Supreme Court or who is or has been n Judge of a High Court (2> The person appointed under the proviso to sub­ jection i ll shall subanit the report Of hist inquiry to tho Governor who eliall. as rocn as may be cause It to be laid before the Stale IjsglsUtut*. (3) Notwithstanding anything contained In sub-aec- 6oa (II. the Governor shall not i wnw e the Lokayukta or an Upa-l.okayuhta unless an address by the Stato Legislature supported by a majority cf 'he total memberafifp ot '.hat House anil a majority of not less than two thirds of tho members of that House present and voting has been presented to the Governor in the same r-ession for such removal

Section 3 – The Assam Lokayukta and Upa-Lokayuktas Act, 1985 | DailyLaw.ai