(1) The Chairperson and Members 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 Speaker of the Legislative Assembly—Member;
(c) the Leader of Opposition in the Legislative Assembly— Member;
(d) the Chief Justice of the Orissa High Court or a Judge of the said High Court nominated by the Chief Justice—Member;
(e) one eminent jurist as recommended by the Chairperson and members reffered to in clauses (a) to (d) nominated by the Governor—Member.
(2) No appointment of a Chairperson or a 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 Members 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, anticorruption policy, management, or in any other matter which, in the Appointment of Chairperson and Members on recommendation of Selection Committee.
6 opinion of the Selection Committee, may be useful in making selection of the Chairperson and Members 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 Members of the Lokayukta.
(5) The term of the Search Committee referred to in sub-section (3), the fees and allowances payable to its members and the manner of selection of panel of names shall be such as may be prescribed.
5. The Chairperson and every 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.
6. The Governor shall take or cause to be taken all necessary steps for the appointment of a new Chairperson and Members 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 Orissa;
(b) other Members shall be the same as those of a Judge of the High Court of Orissa:
Provided that if the Chairperson or a 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 a Member, be reduced—
(i) by the amount of that pension; and Filling of vacancies of Chairperson or Members.
Salary, allowances and other conditions of service of Chairperson and Members.
Term of Office of Chairperson and Members.
7
(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 a Member shall not be varied to his disadvantage after his appointment.