(1) The Chairperson and Members shall be appointed by the Governor after obtaining the recommendations of a Selection Committee consisting of— 21 �बहार गजट (असाधारण), 22 'दस) बर 2011
(a) the Chairman, Bihar Legislative Council & Convener;
(b) the Speaker, Bihar Legislative Assembly & Member;
(c) two sitting Senior Judges of the Patna High Court to be nominated by the Chief Justice & Member;
(d) Immediate surviving outgoing Lokayukta & Member;
Provided that while considering selection of Members of the Lokayukta, the existing Chairperson shall also be the Member of the Selection Committee.
(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Committee.
(3) The Selection Committee shall for the purposes of selecting the Chairperson and other Members of the Lokayukta and for preparing a panel of persons to be considered for appointment as such, constitute a Search Committee.
(4) The term of the search committee referred to in sub-section (3) and fee and another allowances payable to member of search committee shall be such as may be prescribed under rules.
(5) The selection committee shall regulate its own procedure for selection of the Chairperson and Members of the Lokayukta which shall be transparent.
(6) The search committee shall consist of five persons of impeccable integrity and eminence in public life. They will be selected from amongst the retired Chief Justices of India, the Retired Judges of Supreme Court, the Retired Chief Justices of High Courts, the Retired Judges of High Courts, the Retired Chief Election Commissioners of India, the retired Chief of Central / State Information Commissions, the retired Chairperson of Union Public Service Commission / Bihar Public Service Commission, the retired Cabinet Secretaries / Chief Secretaries / Secretaries to Govt. of India and the retired Comptroller and Auditor Generals of India with reputation of impeccable integrity, who have not joined any political party after retirement and who are not holding any office under any government.
Provided that at least two members of the Search Committee should be retired judges of the Supreme Court or retired Chief Justices or Judges of High Court.
(7) The Search Committee shall adopt the following procedure for preparation of panel of persons for the recommendations:-
(a) The Search Committee shall invite nominations from individuals or organizations through website and at least two widely circulated newspapers.
(b) The Search Committee shall also endeavaour to collect information about the achievements and full details of background of such persons nominated by individuals or organizations.
(c) The Search Committee shall invite suggestions and information from the public in respect of nominations so received by placing the same on Website and / or from any other sources as may be deemed fit and proper by the Search Committee.
(d) The Search Committee after taking into consideration informations and suggestions so received with respect to nominations received, shall prepare a panel of persons which shall be three times the number of persons to be appointed .
Provided that if two members of the Search Committee have any objection in respect of any nomination that shall not be included in the panel prepared by the Search Committee.
Provided further that names of any such person / persons whose name has / have not been received pursuant to the invitation for nomination as provided under sub-section (7)(a) shall not be considered by the Search Committee.
(e) The Search Committee before making recommendations of the panel of names for the post of Chairperson and / or Member or both shall obtain the consent of nominees for the appointment to the post against which his name is under consideration.
22 �बहार गजट (असाधारण), 22 'दस) बर 2011
(f) The Search Committee shall complete the above procedure and send the shortlist within three months of initiation of procedure under sub-section (7)(a).
(8) The Selection Committee shall finalize the recommendations within a month of receiving recommendation from the Search Committee.