Term of office and other conditions of service of Lokayukta and Upa-Lokayuktas.

§5

Summary

(1) Every person appointed as the Lokayukta or an Upa-Lokyukta shall hold office for a term of five years from the date on which he enters upon his office: Provided that,- (a) the Lokayukta or an Upa-Lokayukta may, by writing under his hand addressed to the Governor, resign his office; (b) the Lokayukta or an Upa-Lokayukta may be removed from office in the manner specified in section 6. (2) If the office of the Lokayukta or an Upa-Lokayukta becomes vacant, or if the Lokayukta or an Upa-Lokayukta is, by reason of absence or for any other reason whatsoever, unable to perform the duties of his office, those duties shall, until some other person appointed under section 3 enters upon such office or, as the case may be, until the Lokayukta or such Upa-Lokayukta resumes his duties, be performed,- (a) where the office of the Lokayukta becomes vacant or where he is unable to perform the duties of his office, by the Upa-Lokayukta or if there are two or more Upa-Lokayuktas by such one of the Upa-Lokayuktas as the Governor may by order direct; (b) where the office of an Upa-Lokayukta becomes vacant or where he is unable to perform the duties of his office, by the Lokayukta himself, or if the Lokayukta so directs, by the other Upa-Lokayukta or, as the case may be, such one of the other Upa-Lokayuktas as may be specified in the direction. (3) On ceasing to hold office, the Lokayukta or an Upa-Lokayukta shall be ineligible for further employment (whether as the Lokayukta or an Upa-Lokayukta or in any other capacity) under the Government of Maharashtra or for any employment under, or office in, any such local authority, corporation, Government company or society as is referred to in sub-clause (iv) of clause (k) of section 2. (4) There shall be paid to the Lokayukta and the Upa-Lokayuktas such salaries as are specified in the Second Schedule. (5) The allowances 1[***] payable to, and other conditions of service, of the Lokayukta or an Upa-Lokayukta shall be such as may be prescribed: Provided that,- (a) in prescribing the allowances 2[***] payable to, and other conditions of service of, the Lokayukta, regard shall be had to the allowances 3[***] payable to and other conditions of service of, the Chief Justice of the High Court; (b) in prescribing the allowances 4[***], payable to, and other conditions of service of, the Upa-Lokayuktas, regard shall be had to the allowances 5[***] payable to, and other conditions of service of, a Judge of the High Court: Provided further that, the allowances 6[***] payable to, and other conditions of service of, the Lokayukta or an Upa-Lokayukta shall not be varied to his disadvantage after his appointment.

(1) Every person appointed as the Lokayukta or an Upa-Lokyukta shall hold office for a term of five years from the date on which he enters upon his office: Provided that,- (a) the Lokayukta or an Upa-Lokayukta may, by writing under his hand addressed to the Governor, resign his office; (b) the Lokayukta or an Upa-Lokayukta may be removed from office in the manner specified in section 6. (2) If the office of the Lokayukta or an Upa-Lokayukta becomes vacant, or if the Lokayukta or an Upa-Lokayukta is, by reason of absence or for any other reason whatsoever, unable to perform the duties of his office, those duties shall, until some other person appointed under section 3 enters upon such office or, as the case may be, until the Lokayukta or such Upa-Lokayukta resumes his duties, be performed,- (a) where the office of the Lokayukta becomes vacant or where he is unable to perform the duties of his office, by the Upa-Lokayukta or if there are two or more Upa-Lokayuktas by such one of the Upa-Lokayuktas as the Governor may by order direct; (b) where the office of an Upa-Lokayukta becomes vacant or where he is unable to perform the duties of his office, by the Lokayukta himself, or if the Lokayukta so directs, by the other Upa-Lokayukta or, as the case may be, such one of the other Upa-Lokayuktas as may be specified in the direction. (3) On ceasing to hold office, the Lokayukta or an Upa-Lokayukta shall be ineligible for further employment (whether as the Lokayukta or an Upa-Lokayukta or in any other capacity) under the Government of Maharashtra or for any employment under, or office in, any such local authority, corporation, Government company or society as is referred to in sub-clause (iv) of clause (k) of section 2. (4) There shall be paid to the Lokayukta and the Upa-Lokayuktas such salaries as are specified in the Second Schedule. (5) The allowances 1[***] payable to, and other conditions of service, of the Lokayukta or an Upa-Lokayukta shall be such as may be prescribed: Provided that,- (a) in prescribing the allowances 2[***] payable to, and other conditions of service of, the Lokayukta, regard shall be had to the allowances 3[***] payable to and other conditions of service of, the Chief Justice of the High Court; (b) in prescribing the allowances 4[***], payable to, and other conditions of service of, the Upa-Lokayuktas, regard shall be had to the allowances 5[***] payable to, and other conditions of service of, a Judge of the High Court: Provided further that, the allowances 6[***] payable to, and other conditions of service of, the Lokayukta or an Upa-Lokayukta shall not be varied to his disadvantage after his appointment.

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