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Section 5: Terms of office and other conditions of service of Lokayukta and Up-Lokayukta.

The Uttar Pradesh Lok Ayukta and UP-Lok Ayuktas Act, 1975State Act of Uttar Pradesh · Act 42 of 1975

[ Every person appointed as the Lokayukta or UpLokayukta shall hold office for a term of eight years from the date on which he enters upon his office :

Provided that the Lokayukta or an Up-Lokayukta shall, notwithstanding the expiration of his term continue to hold office until his successor enters upon his office : Provided further that, —

(a) the Lokayukta or an Up-Lokayukta may, by writing under his hand addressed to the Governor, resign his office ;

(b) the Lokayukta or an Up-Lokayukta may be removed from office in the manner specified in section 6.]

Provided further that, —

(a) the Lokayukta or an Up-Lokayukta may, by writing under his hand addressed to the Governor, resign his office ;

(b) the Lokayukta or an Up-Lokayukta may be removed from office in the manner specified in section 6. ]

(2) If the office of the Lokayukta or an Up-Lokayukta becomes vacant, or if the Lokayukta or an Up-Lokayukta is by reason of absence or for any other reason whatsoever, unable to perform the duties of his office, those duties, shall until some other person appointed under section 3 enters upon such office or, as the case may be, until the Lokayukta or such Up-Lokayukta resumes his duties, be performed, —

(a) where the office of the Lokayukta becomes vacant or where he is unable to perform the duties of his office, by the Up-Lokayukta or if there are two or more Up-Lokayuktas by such one of the Up-Lokayukta as the Governor may by order direct ;

(b) where the office of an Up-Lokayukta becomes vacant or where he is unable to perform the duties of his office, by the Lokayukta himself, or if the Lokayukta so directs by the other Up-Lokayukta or, as the case may be, such one of the other Up-Lokayuktas as may be specified in the direction.

@span[ (3) On ceasing to hold office, the Lokayukta or an Up-Lokayukta shall be ineligible for further employment under the Government of Uttar Pradesh. ]

(4) There shall be paid to the Lokayukta and the Up-Lokayuktas such salaries as are specified in the Second Schedule.

(5) The allowances and pension, if any, payable to, and other conditions of service, of the Lokayukta or an Up-Lokayukta shall be such as may be prescribed :

@spanProvided that in prescribing the allowances and pension, payable to, and other conditions of service of —

(a) the Lokayukta, regard shall be had to the allowances and pension payable to and other conditions of service, of the Chief Justice of the High Court ;

(b) the Up-Lokayukta, regard shall be had to the allowances and pension payable to, and other conditions of service of a Judge of a High Court :

Provided further that the allowance and pension, if any, payable to, and other conditions of service of the Lokayukta or Up-Lokayukta shall not be varied to his disadvantage after his appointment.

(6) The amendment made by the Uttar Pradesh Lokayukta and Up-Lokayuktas (Amendment) Act, 2012 shall be applicable to the sitting Lokayukta or Up-Lokayuktas as the case may be, on the date of commencement of the said Act.

Where this provision sits

ActThe Uttar Pradesh Lok Ayukta and UP-Lok Ayuktas Act, 1975
Section5
Marginal noteTerms of office and other conditions of service of Lokayukta and Up-Lokayukta.
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, U.P. Act No. 3 of 2024. Subs. by sec 2 of U.P. Act No. 3 of 2024.
  • substituted. Subs. by sec 2(b) of U. P. Act no. 4 of 2012. (deemed to have been subs. on March 15, 2012).
  • inserted. Ins. by sec 2(c) of U. P. Act no. 4 of 2012.

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