(1) The Chairperson and Members shall be appointed by the Governor 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 Legislative Assembly — Member;
(d) the Chief Justice of Uttarakhand or a Judge of the High Court nominated by him — Member;
(e) one eminent jurist nominated by the Governor Recommended by chairperson & member of sub-section (a) to (d) — 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 three prestigious persons of standing and having special knowledge and expertise in the matters relating to anticorruption policy, public administration, vigilance, policy making, finance including insurance and banking, law and management or in any other matter which, in the opinion of the Selection Committee, may be useful in making the selection of the Chairperson and Members of the Lokayukta the search committee recommended 3 times name of the Chairperson and members of the Lokayukta.
{Provided that for the selection of the first chairperson and members of the Lokayukta, as per direction of the selection committee, the search committee shall be constituted; } 1
Provided further that 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 55 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.
Filling of vacancies of Chairperso n or Members
5. 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 the Chairperson or Member, as the case may be, in accordance with the procedure laid down in this Act.
---------------------------------------------- - - - - - - - - -- 1- Substitution by section 3 of Uttarakhant Act no. 28 of 2014.
56 Term of office of Chairperso n and Members
6. The Chairperson and every Member shall, on the recommendations of the Selection Committee, be appointed by the Governor by warrant under his hand and seal and 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.
Salary, allowances and other conditions of service of Chairperso n and Members.
7. The salary, allowances and other conditions of service of—
(i) the Chairperson shall be the same as those of the Chief Justice of State;
(ii) other Members shall be the same as those of a Judge of the High Court:
Provided that if the Chairperson or a Member is, at the time of his appointment, in receipt of pension (other than disability pension) in respect of any previous service under the Government of a State, his salary in respect of service as the Chairperson or, as the case may be, as a Member, be reduced—
(a) by the amount of that pension; and
(b) 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.
Restriction on employmen t by Chairperso n and Members after ceasing to hold office.
8.(1) On ceasing to hold office, the Chairperson and every Member shall be ineligible for—
(i) re-appointment as the Chairperson or a Member of the Lokayukta ;
(ii) any diplomatic assignment, appointment as administrator of a Union territory and such other assignment or appointment which is required by law to be made by the President by warrant under his hand and seal;
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(iii) further employment to any other office of profit under the Government of India or the Government of a State;
(iv) Contesting any election of President or Vice President or Member of either House of Parliament or Member of either House of a State Legislature or Municipality or Panchayat within a period of five years from the date of relinquishing the post.
(2) Notwithstanding anything contained in sub-section (1), a Member shall be eligible to be appointed as a Chairperson, if his total tenure as Member and Chairperson does not exceed five years.
Explanation.—For the purposes of this section, it is hereby clarified that where the Member is appointed as the Chairperson, his term of office shall not be more than five years in aggregate as the Member and the Chairperson.
Member to act as Chairperso n or to discharge his functions in certain circumstan ces.