Bare ActsThe Madhya Pradesh Lok Aayukt evam Up Lok Aayukt Adhiniyam, 1981 tatha Uske Adheen Banaye Gaye Niyam

Section 6

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Removal of Lokayukt:– (1) The Lokayukt shall not be removed from his office except by an order of the Governor passed after an address by the Madhya Pradesh Legislative Assembly supported by a majority of the total membership of the Legislative Assembly and by a majority of not less than two thirds of the members thereof present and voting has been presented to the Governor in the same session for such removal on ground of proved misbehaviour or incapacity. (2) The procedure for the presentation of an address and for the investigation and proof, of the misbehaviour or incapacity of the Lokayukt under sub section (1) shall be as provided in the Judges (Inquiry) Act, 1968 (No. 51 of 1968), in relation to the removal of a Judge and accordingly, the provisions of the Act shall, subject to necessary modifications apply in relation to the removal of the Lokayukt as they apply in relation to the removal of Judge. 3 Substituted for the following Section (4) and (5) of the Principal Act vide Amendment Act No. 25 of 1998 published in the Rajpatra on 31.8.1998. The substitution shall be deemed to have been made with effect from 1st January 1996. (4) There shall be paid to Lokayukt and Up-Lokayukt such salaries as are specified in the Second Schedule. (5) The allowances and pension payable to, and other conditions of service of Lokayukt or Up- Lokayukt shall be such as made be prescribed: Provided that:- (a) in prescribing the allowances and pension payable to and other conditions of service of Lokayukt, regard shall be had to the allowances and pensions payable to, and other conditions of service of Judge of the Supreme Court or Chief Justice of a High Court. (b) in prescribing the allowances and pension payable to and other conditions of service of Up- Lokayukt, regard shall be had to the allowances and pensions payable to, and other conditions of service of a Judge of a High Court or Secretary to the Government of India or the Chief Secretary to a State Government. Provided further that, the allowances and pension payable to, and other conditions of service of Lokayukt or Up-Lokayukt shall not be varied to his disadvantage after his appointment." 7.1 Matters which may be enquired into by Lokayukt or Up-Lokayukt: – Subject to the provision of this Act, on receiving complaint or other information:- (i) the Lokayukt may proceed to enquire into an allegation made against a public servant in relation to whom the Chief Minister is the competent authority. (ii) the Up-Lokayukt may proceed to enquire into an allegation made against any public, servant other than referred’ to in clause (i) Provided that the Lokayukt may enquire into an allegation made against any public servant referred to in clause (ii). 2Explanation:– For the purpose of this section the expressions “may proceed to enquire”, AND “May enquire,” include investigation by Police agency put at the disposal of Lokayukt and Up-Lokayukt in pursuance of sub-section (3) of section 13.

Section 6 – The Madhya Pradesh Lok Aayukt evam Up Lok Aayukt Adhiniyam, 1981 tatha Uske Adheen Banaye Gaye Niyam | DailyLaw.ai