Bare ActsThe Kerala Lok Ayukta Act, 1999

Section 5

Term of offzce and other condztzons of servzce of Lok Ayukta and Upa-Lok

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

Term of offzce and other condztzons of servzce of Lok Ayukta and Upa-Lok .Ayukta.-(1) A person appomted as Lok Ayukta or Upa-Lok Ayukta shall hold office for a term of five years from the date on which he enters upon his office· • Provided that- • (a) the Lok Ayukta or an Upa-Lok Ayukta rrt'ay, by writiRg under his hand and seal addressed to the Govei nor, resign hi~ office, (b) the Lok Ayukta or an Upa-Lok Ayukta may be remove61 from his office m the manner provided m st>ction 6. (2) A person who holds office as the Lok Ayukta or an Upa-Lok Ayul.ta shall, on the expiration of his term of office, be mehgiblc for reappointment to that office. I i I •, I ~ I I ! ' 67 (3) On ceasmg to hold office, the Lok Ayukta or an Upa-Lok Ayukta shall not be eligible for further employment to any office of profit under the Government or m any authonty, corporation, company, society or umveristy referred to in item (vn) of clause ( o) of section 2. ( 4) The salary and allowances payable to, and other conditions of service of, the Lok Ayukta 01 an Upa-Lok Ayukta shall be such, as may be prescnbcd. Provided that- (a) m p1escribmg the salary and allowances and other conditiOns of serv1ce of the Lok Ayukta, regard shalt be had to the salary and allowances and other conditiOns ofserv1ce of a Supreme Court Judge or of the Chief Justice of a H1gh Court, as the case may be, (b) in prcscribmg the salary and allowances payable to, and other conditiOns of service of, the Upa-Lok Ayuktas, regard shall be had to the ~alary and allowances payable to, and other condltlons of service of a Judge of a High Court: Ptovtdcd further that the salary and allowances payable to, and other condltlons of se1 v1ce of, the Lok Ayukta or an Upa-Lok Ayukta shall not be varied to h1s disadvantage after IllS appointment. (5) The expenditure m respect of the salanes and allowances of the Lok Ayukta and the Upa-Lok Ayuktas and the admin~trative expenses of the offices of the Lok Ayukta and the Upa-Lok Ayuktas mclud.ing all salaries, allowances and pensions payable to, or m respect of the persons serving in that office, ~hall be charged on the Consolidated Fund of the State. '6. Removal of Lok Ayukta or Upa-Lok Ayukta -(1) The Lok Ayukta or an Upa-Lok 4yukta shall not be removed from h1s office except by an order of the G~vernor, passed after an address by the Legtslative Assembly of the State, supported by a majority of the total membership of the House and by a maJonty of not less than two-thirds of the members of that House present and voting, ha•s been presented to the Governor m the same session for such removal, on the ground of proved misbehaviOur or mcapaclty. • (2) The procedure for the presentation of an address and for the invest1gat1on and proof of the m1sbehavwur or mcctpaCity of the Lok Ayukta or an Upa-Lok Ayukta under sub-secuor. (I) shall be as provided m the Judge~ (lnqu1ry) Act, 1968 (Central Act 51 of 1968), m Ielatwn to th<' removal of a JUdge and acco1 dmgly, the provisions of that Act ~hall mutat11 mutandts apply m relatiOn to the removal of the Lok Ayukta and the Upa-Lok Ayukta, as th~y ~pply Jill elation to the 1 emo,·al of a J udgc. (3) Not\vithstandmg anything contained in sub-section (I) or sub sect1on (2), an Upa-Lok Ayukta appointed, hom among the stttmgjudges of -=' the H1gh Court, shall not be removed, ell.ccpt m like manner and on the hke g10unds, as aj udge of a High Court.

Section 5 – The Kerala Lok Ayukta Act, 1999 | DailyLaw.ai