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Section 3

The Haryana Lokayukta Act, 2002 (1 of 2003)State Act of Haryana · Act 1 of 2003

(1) For the purpose of conducting investigations in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the Lokayukta:

Provided that the Lokayukta shall be appointed on the advice of the Chief Minister who shall consult the Speaker of Haryana Legislative Assembly, Leader of Opposition and the Chief Justice of India in case of appointment of a person who is or has been a Judge of the Supreme Court or Chief Justice of the High Court, and Chief Justice of the Punjab and Haryana High Court in case of appointment of a person who is or has been a Judge of a High Court:

Provided further that the result of consultation shall have persuasive value but not binding on the Chief Minister.

(2) A notification by the State Government about the consultation having been held as envisaged in sub-section (1) shall be conclusive proof thereof.

(3) Every person appointed as the Lokayukta shall, before entering upon his office, make and subscribe, before the Governor, or some person appointed in that behalf by him, an oath or affirmation in the form set out for the purpose in the Schedule.

4. A person shall not be qualified for appointment as Lokayukta unless he is or has been a Judge of the Supreme Court or a Chief Justice or a Judge of a High Court in India.

5. The Lokayukta shall not be a member of Parliament or member of the Legislature of any State and shall not hold any office of profit or trust or carry on any business or practise any profession or be connected with any political party and accordingly, before he enters upon his office shall—

(a) if he is a member of Parliament or of the Legislature of any State, resign such membership; or

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

or

(c) if he is connected with any political party, sever his connection with it; or

(d) if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and management of such business; or

(e) if he is practicing any profession, suspend practice of such profession.

Where this provision sits

ActThe Haryana Lokayukta Act, 2002 (1 of 2003)
Section3
JurisdictionState of Haryana
StatusIn force as published by the source

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