Amendment status not verified — confirm the current text below against the official source.
In this Act, unless the context otherwise requires,— (1) "action" means action taken by a public functionary in the discharge or purported discharge of his public function; (2) "Chief Minister" means the Chief Minister of the Government of West Bengal; (3) "competent authority", in relation to a public functionary, means,— Lokayukta or Upa-Lokayukta hold no other office, 110 PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 21, 2004 3 The West Bengal Lokayukta Act, 2003. (Sections 4, 5.) Provided that— the Lokayukta and Upa-Lokayukta shall be appointed by the Governor on the advice tendered by the Chief Minister in consultation with the Speaker and the Leader of the Opposition of the Legislative Assembly of the State. (2) A person shall not be qualified for appointment as Lokayukta unless he has the qualification of being appointed a Judge of the Supreme Court under article 124 of the Constitution. (3) A person shall not be qualified for appointment as Upa-Lokayukta unless he has the qualification for being appointed a Judge of the High Court under article 217 of the Constitution. (4) Notwithstanding anything contained in any other provision of this Act, a person of high integrity and eminence shall be appointed a Lokayukta or Upa-Lokayukta, if such recommendation is made by the Chief Minister in consultation with the Speaker and the Leader of the Opposition of the' State Legislative Assembly. (5) (a) Temporary or casual vacancy in the office of the Lokayukta or the Upa- Lokayukta shall be filled up in accordance with prescribed rules for a period not exceeding six months. (b) If the Lokayukta or Upa-Lokayukta is unable to perform his duties for six months or more, the Governor may declare the office vacant: Provided that ,the Governor shall hear such Lokayukta or Upa-Lokayukta before declaring such office as vacant. (c) A vacancy occuring in the office of the 'Lokayukta or Upa-Lokayukta by reason of his death, resignation, retirement or removal shall be filled up as soon as possible, but not later than three months from the date of occurrence of such vacancy. Term of office of Lokayukta and Upa-Lokayukta.