Amendment status not verified — confirm the current text below against the official source.
Lokayukt or Up-Lokayukt to hold no other office – The Lokayukt or Up- Lokayukt shall not be a member of Parliament or a member of the Legislature of any State and shall not hold any other office of trust or profit or be an officer of a Co-operative Society and shall not be connected with any political party or carry on any business or practice any profession, and accordingly before he enters upon his office, a person appointed as the Lokayukt or Up-Lokayukt as the case may be, shall – (a) if he is a member of Parliament or of the Legislature of any State , resign such membership; or (b) if he holds any office of trust or profit, resign from such office; or (c) if he is connected with any political party, sever his connection with it; or (d) if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and management of such business; or (e) if he is practising any profession, suspend practice of such profession. 5 Term of office and other conditions of service of Lokayukt and Up- Lokayukt- (1) Every person appointed as Lokayukt or Up-Lokayukt shall hold office for a term of [six years]2 from the date on which he enters upon his office and shall not be eligible for re-appointment thereafter : Provided that: (a) Lokayukt or Up-Lokayukt may, by writing under his hand addressed to the Governor, resign his office and such resignation shall be effective as soon as it is tendered; (b) Lokayukt or Up-Lokayukt may be removed from office in the manner specified in section 6. 1 Inserted by Amendment Act. No. 7 of 1982, published in “Madhya Pradesh Rajpatra” (Asadharan dt. 28.7.1982) ( pp. 426-428). 2 Substituted for the words “five years” vide M.P. Amendment Act No.25 of 1998 published in the Rajpatra on 31.8.98 . (2) 1In the event of occurrence of any vacancy in the office of the Lokayukt by reason of his death, resignation, removal or for any other reason the Up- Lokayukt or if there are more than one then such one of them as the Governor may, by order, direct, shall notwithstanding anything contained in clause (a) of sub-section (2) of section 3, act as Lokayukt until the date a new Lokayukt appointed in accordance with the provisions of this Act to fill such vacancy enters upon his office. (2–A) When the Lokayukt is unable to discharge his function owing to absence, illness or any other cause, the Up-Lokayukt or if there are more than one then such one of them as the Governor may, by order, direct, shall notwithstanding anything contained in clause (a) of sub-section (2) of Section 3, discharge his functions until the date the Lokayukt resumes his duties. (2–B) The Up-Lokayukt, shall, during and in respect of the period while he is so acting as or discharging the functions of Lokayukt, have all powers and immunities of the Lokayukt and be entitled to salary, allowances and perquisites as are specified in the Second Schedule in relation to Lokayukt. (2-C) A vacancy occurring in the office of the Lokayukt or an Up-Lokayukt by reason of his death, resignation or removal shall be filled in as soon as possible but not later than one year from the date of occurrence of such vacancy”. (3) On ceasing to hold office, Lokayukt or Up-Lokayukt shall be ineligible for further employment (whether as Lokayukt or Up-Lokayukt or in any other capacity) under the Government of Madhya Pradesh or for any employment under or office in any such Co-operative Society, Government Company or Corporation2 “under the administrative control of the Govt. of Madhya Pradesh” as is referred to in sub-clause (iv) and (v) of clause (g) of section - 2. 1 Substituted for sub-section (2) of Section 5 of the Principal Act. vide the Madhya Pradesh Lokayukt Evam Up-Lokayukt (Sanshodhan) Adhiniyam, 1986 Published in “Madhya Pradesh Rajpatra” dated 9 th January, 1987 (p/92). The original sub-section (2) Sec. 5 was “ (2) If the office of Lokayukt temporarily fall vacant by reason of absence or because he is unable to perform the duties of his office, Up-Loayukt , or if there are more than one then such one of them as the Governor may , by order, direct, shall officiate as Lokayukt and perform the duties of office till the Lokayukt resumes back his duty : Provided that a vacancy occurring in the office of the Lokayukt Up-Lokayukt shall be filled in as possible but not later than six months from the date of occurrence of such vacancy .” 2 Words “under the Administrative Control of Government of Madhya Pradesh” inserted vide Madhya Pradesh Amendment Act. No. 7 of 1982, published in Madhya Pradesh Rajpatra (Asadharan) dated 27.3.82 ( pp. 426-428). (4) 3The salary, allowances, pension and other perquisites payable to and other conditions of service of Lokayukta shall be the same as admissible to him before his appointment as contained in the Supreme Court Judges (Conditions of Service) Act, 1958 (No.41 of 1958), or the High Court Judges (Conditions of Service) Act, 1954 (No.28 of 1954) and the rules made under the aforesaid Acts as the case may be:- (5) The salary, allowances, pension and other perquisites payable to and other conditions of service of Up-Lokayukt shall be the same as admissible to a sitting Judge of a High Court as contained in the High Court Judges (Conditions of Service) Act, 1954 (No. 28 of 1954) and rules made there under: Provided that, if the Lokayukt or an Up-Lokayukt at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service, his salary in respect of service as the Lokayukt or as the case may be, Up-Lokayukt shall be reduced – (a) by the amount of that pension ; and (b) if he has, before such appointment received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof by the amount of that portion of the pension.