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Section 5: Term of office and other conditions of service of Lok Ayukta and Upa- Lok Ayukta

The Kerala Lok Ayukta Act, 1999State Act of Kerala · Act 8 of 1999

(1) A person appointed as Lok Ayukta or Upa-Lok Ayukta shall 3 inserted by Act 7 of 2024 (w.e.f. 7th February, 2022) 4 omitted by Act 7 of 2024 (w.e.f. 7th February, 2022) 5 omitted by Act 7 of 2024 (w.e.f. 2nd March, 2024) 7 hold office for a term of five years 6[or till he completes the age of seventy years, whichever is earlier,]7 from the date on which he enters upon his office:

8[Provided that the Lok Ayukta and the Upa-Lok Ayukta appointed before the commencement of the Kerala Lok Ayukta (Amendment) Act, 2022 (7 of 2024) shall continue to be governed by the provisions of this Act and the rules made thereunder as if the Kerala Lok Ayukta (Amendment) Act, 2022 (7 of 2024) had not come into force:]

9[Provided further that] –

(a) the Lok Ayukta or an Upa-Lok Ayukta may, by writing under his hand and seal addressed to the Governor, resign his office;

(b) the Lok Ayukta or an Upa-Lok Ayukta may be removed from his office in the manner provided in section 6.

(2) A person who holds office as the Lok Ayukta or an Upa-Lok Ayukta shall, on the expiration of his term of office, be ineligible for re-appointment to that office.

(3) On ceasing to hold office, the Lok Ayukta or an Upa-Lok Ayukta shall not be eligible for further employment to any office of profit under the Government or in any authority, corporation, company, society or university referred to in item (vii) of clause (o) of section 2.

(4) The salary and allowances payable to, and other conditions of service of, the Lok Ayukta or an Upa-Lok Ayukta shall be such, as may be prescribed;

Provided that –

(a) in prescribing the salary and allowances and other conditions of service of the Lok Ayukta, regard shall be had to the salary and allowances and other conditions of service of a Supreme Court Judge or of the Chief Justice of a High Court, as the case may be;

(b) in prescribing the salary and allowances payable to, and other conditions of service of, the Upa-Lok Ayuktas, regard shall be had to the salary and allowances payable to, and other conditions of service of a Judge of a High Court:

6 inserted by Act 7 of 2024 (w.e.f. 7th February, 2022) 7 inserted by Act 7 of 2024 (w.e.f. 7th February, 2022) 8 inserted by Act 7 of 2024 (w.e.f. 7th February, 2022) 9 substituted by Act 7 of 2024 (w.e.f. 7th February, 2022) 8

Provided further that the salary and allowances payable to, and other conditions of service of, the Lok Ayukta or an Upa-Lok Ayukta shall not be varied to his disadvantage after his appointment:

(5) The expenditure in respect of the salaries and allowances of the Lok Ayukta and the Upa-Lok Ayukta and the administrative expenses of the offices of the Lok Ayukta and the Upa-Lok Ayuktas including all salaries, allowances and pensions payable to, or in respect of, the persons serving in that office, shall be charged on the Consolidated Fund of the State.

Where this provision sits

ActThe Kerala Lok Ayukta Act, 1999
Section5
Marginal noteTerm of office and other conditions of service of Lok Ayukta and Upa- Lok Ayukta
JurisdictionState of Kerala
StatusIn force as published by the source

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