(1) After the commencement of this Act, the Government shall, by notification, establish, for the purpose of this Act, a body called the Lokayukta for the State of Arunachal Pradesh.
(2) The Lokayukta shall consist of:
(a) a Chairperson, who is or has been a Judge of the Supreme Court or who is or has been Chief Justice or judge of High Court and of impeccable integrity and outstanding ability or an eminent person who fulfils the eligibility specified in clause (b) of sub-section (3) ; and 4°[(b) One non-judicial APST member preferably woman.]
"I ].substituted by s.5(i) of 2019 Act 4b[(C) deleted] 4C[(d) deleted: ] 4b,4c[ ].deleted by s.5(ii) of 2019 Act
(3) A person shall be eligible to be appointed, 4d[(a) ..• detetea.]
4d[ ].deleted by 5.5(2) of 2019 Act.
(b) as 6{the} Member 5{ .. deleted,} if he is a person of impeccable integrity end outstanding ability having special knowledge and expertise of not less than twenty years in the matters relating to public administration, finance including insurance and banking, law anti-corruption policy or management.
(4) The Chairperson or 6[the] Member shall not be-
(a) the member of Parliament or the member of the Legislature of any State or Union Territory;
-3- {b} a person convicted of any offence involving moral turpitude;
(c) a person of less than forty-five years of age, on the date of assuming office as Chairperson or Member, as the case may be ;
{d} the member of any Panchayat or Municipality;
{e} a person who has been removed or dismissed from service of the Union or a State; or 5[ J.deleted by s.5(3) of 2019 Act.
6[].substituted by s.6 of 2019 Act
(f) a person holding any office of trust or profit {other than his office as the Chairperson or the member} or person connected with any political party or carryon any business or practise any profession, and accordingly, before he enters upon his office, as the Chairperson or the member, as the case may be, shall, if
(i) he holds any office of trust or profit, resign from such office; or {ii} he is carrying on any business, sever his connection with the conduct and management of such business; or
(iii) he is practicing any profession, cease to practice such profession.
Appointment of Chairperson and member on recommendations of Selection Committee:
4. {l} The Chairperson and member shall be appointed by the Governor by warrant under his hand and seal after obtaining the recommendations of a Selection Committee consisting of {a} the Chief Minister--Chairperson;
(b) the Leader of Opposition in the Legislative Assembly- Member;
{c} the Chief Justice of the Gauhati High Court or a Judge of the said High Court nominated by the Chief Justice- Member;
{d} Chief Secretary to the Government-Member.
{2} No appointment of a Chairperson or {the} Member shall be invalid merely by reason of any vacancy in the Selection Committee.
{3} The Selection Committee shall, for the purposes of selecting the Chairperson and member of the Lokayukta and for preparing a panel of persons to be considered for appointment as such, constitute a Search Committee consisting of at least five persons of standing and having special knowledge and expertise in the matters relating to public administration, finance including insurance and banking, law, anti-corruption policy, management, or in any other matter which, in the opinion of the Selection Committee, may be useful in making selection of the Chairperson and member of the Lokayukta: Provided that the Selection Committee may also consider any person other than the persons recommended by the Search Committee.
(4) The Selection Committee shall regulate its own procedure in a transparent manner for selecting the Chairperson and member of the Lokayukta.
{5} The term of the Search Committee referred to in sub-section {3}, the fees and allowances payable to its member and the manner of selection of panel of names shall be such as may be prescribed.
5. {l} The Chairperson and the member shall, 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 section 37.
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(2) The Chairperson and the member shall, before entering upon his office, make, and subscribe before the Governor an oath or affirmation in the form set out in Schedule.
6. The Governor shall take or cause to be taken all necessary steps for the appointment of a new Chairperson and member at least three months before the expiry of the term of such Chairperson or Member, as the case may be, in accordance with the procedure laid down in this Act.
7. The salary allowances and other conditions of service of
(a) the Chairperson shall be the same, as those of the Chief Justice of the High Court of Gauhati;
(b) other member shall be the same as those of a Judge of the High Court of Gauhati:
Provided that if the Chairperson or the member is, at the time of his appointment, in receipt of or has become entitled to receive pension (other than disability pension) in respect of any service or previous service under the Government of India or under the Government of a State or as Chief Justice or as a Judge of a High Court, his salary in respect of service as the Chairperson or, as the case may be, as the member, be reduced:
(i) by the amount of that pension; and
(ii) 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 Chairperson or the member shall not be varied to his disadvantage after his appointment.