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Section 7

The Punjab Lokpal Act, 1996State Act of Punjab · Act 3 of 1997

(1) Subject to the provisions of Article 311 of the Constitution of India, the 1[Lokpal or the Up-Lokpal, as the case may be,] may be removed 2[from his office] by the Governor on the ground of misbehaviour or incapacity and on no other ground:

Provided that the inquiry required to be held under clause (2) of the said Article before such removal shall only be held by a person appointed by the Governor being a person who is or has been a Judge of the Supreme Court or a Chief Justice or Judge of the High court.

(2) Notwithstanding anything contained in sub-section (1) the Governor shall not remove the 3[Lokpal or the Up-Lokpal, as the case may be,] unless an address by the State Legislature supported by a majority of the total membership of the House and a majority of not less than two third of the members of the House present and voting, has been presented to the Governor in the same session for such removal.

8. 4[(1) The Government shall, in consultation with the Lokpal, appoint Secretaries with the Lokpal as well as with the 1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 6 2Substituted for words “from their respective offices” by Punjab Act No. 1 of 1998, Section 7 3Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 6 4Substituted by Punjab Act No. 22 of 2013, Section 7 Removal of Lokpal or the Up-Lokpal.

Staff of Lokpal.

Up-Lokpal and such other officers and employees, as may be prescribed to assist them in the discharge of their functions (including verification and inquiries in respect of complaints) under this Act.]

(2) Without prejudice to the provisions of sub-section (1), the 1[Lokpal or the Up-Lokpal, as the case may be,] may for the purpose of dealing with any complaints, or any classes of complaints, secure the services of any officer or employees or investigating agency of the Central Government or State Government with the concurrence of that Government.

(3) The terms and conditions of service of the officers and employees referred to in sub-section (1) and of the officers, employees, agencies and persons referred to in sub-section (2) (including such special conditions as may be considered necessary for enabling them to act without fear in the discharge of their functions) shall be as may be prescribed by the Government in consultation with the Lokpal.

JURISDICTION AND PROCEDURE IN RESPECT OF INQUIRIES

Where this provision sits

ActThe Punjab Lokpal Act, 1996
Section7
JurisdictionState of Punjab
StatusIn force as published by the source

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