ACAUT proposal for Nagaland Lokayukta Bill 2017

November 15, 2017 2281 Views No Comment

Section-3: Appointment of Lokayukta and Upa- Lokayukta

(1) The Lokayukta and Upa-Lokayukta shall be appointed by the Governor after obtaining the recommendations of the Selection Committee consisting of—

(a) the Chief Minister – Chairperson;

(b) the Speaker of the Legislative Assembly – Member;

Assembly Or the leader of the largest opposition party – Member;

(d) the Chief Justice of the High Court

or a Judge of the High Court nominated by him – Member;

Provided that for the first tenure of Lokayukta and Upa-Lokayukta, the State Government shall institute a search Committee comprising of the Chief Secretary, Secretary (Law and Justice) and the Chairman of ACAUT Nagaland to suggest a panel of names of selection;

(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Selection Committee.

(3) A person shall not be qualified for appointment for Lokayukata unless he/she has been a judge of the Supreme Court or Chief Justice of a High court or a judge of a High Court for at least 7 years;

(4) The Upa-Lokayuktas shall consist of four Members, out of whom one should have been a Judicial Member who had been a judge of the High Court or District Judge , one eminent jurist with at least 20 years of experience and the other two Upa-lokayuktas shall be public persons of impeccable integrity and social standing.

Section-4: Lokayukta or Upa-lokayukta shall not be—

(i) a Member of Parliament or a Member of the Legislative Assembly of any State or Union territory;

(ii) a person convicted of any offence involving moral turpitude;

(iii) a person of less than forty years of age, on the date of assuming office as the Chairperson or Member, as the case may be;

(iv) a member of any Panchayat or Municipality; and

(v) a person who has been removed or dismissed from the service of the State and shall not hold any office of trust or profit other than his office as the Chairperson or a Member or be affiliated 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 Chairperson or a Member, as the case may be, shall, if-

(a) he holds any office of trust or profit, resign from such office; or

(b) he is carrying on any business, sever his connection with the conduct and management of such business; or

Section-5: Term of office of Lokayukta and Upalokayukta.—

The Lokayukta and every Upa-Lokayukta shall, on the recommendations of the Selection Committee, be appointed by the Governor by warrant under his hand and seal and hold office as such for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier:

Provided that he may–

(a) by writing under his hand addressed to the Governor, resign his office, or

(b) be removed from his office in the manner provided in this Act.

Section-6: Salary, allowances and other conditions of service of Lokayukta and Upa-lokauykta .—

the Lokayukta shall be the same as those of the Chief Justice of the High Court;
Upa-Lokayuktas shall be the same as those of a Judge of the High Court:

Provided that if the Lokayukta or a Upa-lokayukta is, at the time of his appointment, in receipt of pension (other than disability pension) in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of service as the Lokayukta or, as the case may be, as a Upa-Lokayukta, 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:

Provided further that the salary, allowances and pension payable to, and other conditions of service of, the lokayukta or a Upa-lokayukta shall not be varied to his disadvantage after his appointment.

Section-7: Restriction on employment by Lokayukta and Upa-Lokayukta after ceasing to hold office.—

(1) On ceasing to hold office, the Lokayukta and upa- Lokayukta shall be ineligible for –

(i) re-appointment as the Lokayukta or a Upa-Lokayukta;

(ii) any diplomatic assignment, appointment as administrator of a Union territory and such other assignment or appointment which is required by law to be made by the President by warrant under his hand and seal;

(iii) further employment to any other office of profit under the Government of India or the Government of a State;

(iv) contesting any election of President or Vice-President or Member of either House of Parliament or Member of either House of a State Legislative Assembly or Municipality or Panchayat within the period of ten years from the date of relinquishing the post.

(2) Notwithstanding anything contained in sub-section (1), a Member shall be eligible to be appointed as a Lokayukta, if his total tenure as Upa-lokayukta and Lokayukta does not exceed five years.

Explanation.—For the purposes of this section, it is hereby clarified that where the Upa-lokayukta is appointed as the Lokayukta, his term of office shall not be more than five years in aggregate as the Upa-Lokayukta and the Lokayukta.