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<• be a member of Parliament or a member of the Legislative ofany lold anyother office of profit and shall not beconnected with any ness or practice any profession; and accordinglybefore he enters i Lokayukta or Upalokayukta, asthe case may be. shall The Lokayuktaor Upalokayukta shall m Stale or Union Terr itory and shall not political party or becarrying on any bu LOKAYUKTA OR UPALOKAYUKTA TO HOLD NO OTHER OFFICE :- the Provided that nothing in this sub-section shall be construed to authorize Lokayukta to question any finding, conclusion, recommendation anUpalokayukta. The Upalokayukta shall be subject to the administrative control of the Lokayukta and in particular, for the purpose of con en enl d po al of n e t ga on nder th Act, the Lokayukta may issue such gene al o pe al d ecton a he may consider necessary to the Upalokayukta ana mayw hd aw to nm elf o ay subject to the provisions of Section 7 m keo e any ca e from h m If to an Upalokayukta or from one Upalokayukta toanother Upalokayukta fo d posal a.the Lokayukta, unless he is or has been Chief Justice of any High Cot India, ora Judge of a High Court for seven years;. b.an Upalokayukta, unless he is or has been a Secretary tothe Government or a District Judge in Delhi for seven years or has held the post of a Joint Secretary to the Government of India. Every person appointed as Lokayukta or Upalokayukta shall, before entering upon his office,make and subscribe before the Lieutenant Govsrnoror some person appointed in that behalf by him, an oath or affirmationin the form set out for the purpose in the First Schedule. in prescribing the allowances and pension payable to and otherconditions of service of, Lokayukta. regard Shall be had to the allowancesand pensions payable to and other conditions of service of Chief Justice or a Judge of sHigti Court as the case may be; in prescribing the allowances and pension payable to and otherconditions of service of Upalokayukta regard shall be had to theallowances and pension payable to, and other conditions of service of aDistdct Judge InDelhi or a Secretary to the Government or a JointSecretary to the Government of India, as the case maybe .provided further that the allowances and pension payable to, and other conditions of servioa of, the Lokayukta or Upalokayukta shall not be varied to his disadvantage after his appointment. In the event of occurrence of any vacancy In the office of the Lokayuktaby reason of his death,resignation, removal or otherwise, the Upalokayukta or it there are more than one then such one of them as the LieutenantGovemor may, be order.dlrect, shall not withstanding anything contained inclSuse (a) of sub section (2] ofSectlon 3, act as Lokayukta until the datea new Lokayukta appointed in accordance with the provisions of this Act to fill such vacancy enters upon his office. When the Lokayukta Is unable to discharge his functions owing toabsence, Illness or any other cause, the Upalokayukta or If there are morethan one then such one of them as the Lieutenant Governor may, by order.dlrect, shall not withstanding anything co^tained In clause (a)ofsub-section (2) of Section 3,dlscharQe his functions until the date theLokayukta re^umes hs duties. The Uplokayukta shall, during and in respect of the period while he isso acting as or discharging the functions of Lokayukta, have all the powers and Immunities of theLokayukta and be entitled to salary, allowances and perquisites as are specified Inthe Second Schedule In relation to Lokayukta. Avacancy occurring In the office of die Lokayukta or an Upalokayuktaby reason of his death,resignation, :e shall be filled in as soon as possible but not later then six months from the date of acancy. On ceasing to hold office, the Lokayukta or UpaloKayukta shall be ineligible for further appointment as the Lokayukta or Upalokayukta Inany employment under Government orfor any employment under any such GovemmentCompany, localagihority, corporation under the administrative controlofthe Government or Statutory Commissions set up by the Government asis referred to In sub-clause (lv)of clause (m) of Section 2. Thereshall be paid to the Lokayukta and Upalskayukta such salaries as are specified In the Second Schedule. The allowances and pension payable to, and other conditions of serviceof, Lokayufcta or Upalokayukta shsH be such as may be prescribed; Lokayuktaor Upalokayukta may. by writing under his hand addressed to the Lieutenant Governor, resign his office and such resignation shallbeeffective as soon asit is accepted by the Lieutenant Governor; ;e of LokayuHta and ' Every person appointed as Lokayukla or Upalokayukta shall hold offlcefor a term of five.ye 0w^ich he enters upon his office and not be eligible tor re-appointment thereafter. Provided that:- relatingto an allegation against a public functionary, if the compiaintis made after expiration of a period of five years from the date on which the conduct complained against Is alleged to have been committed. PROVISIONS RELATING TO COMPLAINTS :- which has been referred to inquiry under the Commissions oflnquiry, Act, 1952 (60 of 1952); or • The administrative exprnises of the office of the Lokayukta andUpalokayuKta Including all s^ades, f^r^^ ^wsnces and pension payable to or tnraspect of persons serving In that office, shall be charged on theConsoiidated Fund of DathL Removal of Lokayukta orLJpatokayukta :• The Lokayukta or Upatokayukta shall not be removed from tits office except by an order of the Lieutenant Governor passed, with the priorapproval of the President and after an address by the Legislative Assemblysupported by a majority of the total membership of the legislative Assembly and by a majority not less than two thirds of the members there of presentand voting has been presented to the Lieutenant Governor in the same session for such removal on the ground of proved misbehavior or In capacity. The procedure for the presentation of an address and for the investigation and proof of the misbehavior or Incapacity of the Lokayuktaor Upatokayukta under sub-sactton(i) shall be as provided in the Judges (Inquiry) Act. 1968 (51 of1988). in relation to the removal of a Judgeand accordingly, the provisions ofthat Act Shall, subject to necessary modifications, apply inrelatlon to the removal of the Lokayuktaor Upatokayukta as they apply In relation to the removal of Judge. MATTER WHICH MAY Be INQUIRED INTO BY LOKAYUKTA OR UPLOKAYUKTA ;- J IN PURSUANCE OF SUB SECTION Z OF SECT1ON13 OR SUO MOTO The Lokayukta may proceed to Inquire Into an allegation made against a public functionary in relation ta whom either the President or Lieutenant Governor Is the competent authority; The Upalokayukta may proceed to inquire into an allegation made againstany public functionary other than that referred to in clause (a); Provided that the Lokayukta may Inquire into an allegation made againstany public functionary referred to In clause (b). Explanation :- For the purposes of this section theexpressions may proceed to inquire and may Inquire includeinvestigation by any person or agency at ^e disposal of the Lokayukta andUpalokayukta in MATTER NOT SUBJECT TO INQUIRY :- THE LOKAYUKTA OR AN UPALOKAYUKTASHALL NOT INQUIRE INTO ANY MATTER proceeding before the Lokayukta or Upelokayukta shall be deemed to bea judicial proceeding within file meaning of sector 193 and section 228 of the Indian Penal Code, 1960 (45 of1960). The Lokayukta or Upalokayukta shall be deemed to be a Civil Court for the Purposes Of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).substituted vide NOtfieaflon dated 24 th September, 1936 Issuing commissions for examination of witnesses or documents; end such other matters as may be prescribed; Provided that no proceeding before the Lokayukta or Upalokayukta shall be invalidated only on account of want of formal proof if the principles of natural justice are satisfied. requisitioning any public record or copy thereof from any court oroflTce; receiving evidence on affidavits; requiring the discovery and production of documents and proof thereof; summoning and enforcing the attendance of any person and his examination onoath; Applicability of Evidence Act and Coder-; Cmn^al Pio-edme