(1) For the purpose of conducting investigations and inquiries in accordance with the provisions of this Act, the Governor shall, by order under his hand and seal, appoint a person to be known as the Lokayukta and if need be, one or more persons to be known as the Upa-Lokayuktas:
Provided that the Lokayukta and/or Upa-Lokayuktas shall be appointed by the Governor on the advice tendered by the Chief Minister, in consultation with the Chief Justice of the High Court and the Leader of Opposition.
2[(2) A person to be appointed as the Lokayukta shall be a person who has held the office of a Judge of the Supreme Court, or of a Chief Justice of the High Court. A person to be appointed as the Upa-Lokayukta shall be a person who has held the office of a Judge of the High Court or is qualified to be appointed as a Judge of the High Court.]
(3) Every person appointed as the Lokayukta or Upa-Lokayukta, shall before entering his office, make and subscribe, before the Governor or such person appointed in that behalf by him an oath or affirmation in the form set out hereunder:— “I, A, B ….. having been appointed as the Lokayukta/Upa-Lokayukta under the Goa Lokayukta Act, 2011 do hereby swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will”.
(4) If the offices of the Lokayukta or Upa-Lokayukta becomes vacant, or if the Lokayukta or Upa-Lokayukta, by reason of absence or for any other reason whatsoever, is unable to perform the duties of his office, those duties, shall, until some other person is appointed under sub-section (1) and enters upon such office or, as the case may be, until the Lokayukta or Upa-Lokayukta resumes his duties, be performed:—
(a) Where the office of the Lokayukta becomes vacant or where for any reason aforesaid 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, appoint for the purpose;
(b) Where the office of the Upa-Lokayukta becomes vacant or where for any reason aforesaid he is unable to perform the duties of his office, by the Lokayukta himself or if the Lokayukta so directs, by the other Upa-Lokayuktas or as the case may be, such one of the other Upa-Lokayuktas as may be specified in the direction.
(5) The Upa-Lokayukta shall, while acting as or discharging the functions of Lokayukta, have all the powers and immunities of the Lokayukta and be entitled to salary, allowances and perquisites as are applicable in relation to the Lokayukta.