Chapter II ESTABLISHMENT OF LOKAYUKIA

1. (1) Afrer the commencement ofthisAct, the Govemment shall, by notification, establish, for the purpose of this Act, a body called the Lokayukta for the State ofArunachal Pradesh.
2. (2) The Lokayukta shall consist of-
   • (a) a Chairperlon, who is or has been a Judge of the Supreme Court or who is or has been Chief Justice or judge of High Court and of impeccable integrity and outstanding ability or an eminent person who fulfils the eligibility specified in clause
   • (b) of sub-section
3. (3) ; and
   • (b) Two members, out ofwhom one shall be Judicial Member
   • (c) At least two of the Members shall be from APST
   • (d) At least one of the members shall be woman:
4. (3) A person shall be eligible to be appointed,-
   • (a) as a Judicial Member if he is or has been a Judge of a High Court ;
   • (b) as a Memberotherthan a JudicialMember, if he is a person of impeccable integrity end outstanding ability having special knowledge and expertise of not less than twenty years in the matters relating to publlc administation, finance including insurance and banking, law anti-corruption policy or management.
5. (4) The Chairperson or a Member shall not be--
   • (a) a member of Parliament or a member of the Legislature of any State or Union Tenitory;
   • (b) a person convicted of any offence involving moral turpitude ;
   • (c) a person of less than forty-five years of age, on the date of assuming office as Chairperson or Member, as the case may be ;
   • (d) a member of any Panchayat or Municipality;
   • (e) a person who has been removed or dismissed from service of the Union or a State; or (0 a person holding any office oftrust or profit (other than his omce as the Chairperson or a Member) or person connected with any political party or carry on any business or practise any profession, and accordingly, before he enters upon his o{fic€, as the Chairperson or a Member, as the case may be, shall, if-
     • (i) he holds any office of trust or profit, resign from such office ; or
     • (ii) he is carrying on any business, sever his connection with the conduct and management of such business ; or
     • (iii) he is practicing any profession, cease to practice such profession.

1. (1) The Chairperson and Membersshallbe appointed by the Govemor by wanant underhis hand and seal after obtaining the recommendations of a Selection Committee consisting of
   • (a) the Chief Minister--Chairperson;
   • (b) the Leader of Opposition in the Legislative Assembty- Member;
   • (c) the ChiefJustice ofthe Gauhati High Court or a Judge of the said High Court nominated bythe Chief Justice- Member;
   • (d) Chief Secretary to the Government-+ilember.
2. (2) No appointment ofa Chairperson or a Member shall be invalid merely by reason of any vacancy in the Selection Committee.
3. (3) The Selection Committee shall, for the purposes of selecting the Chairperson and Members of the Lokayukta and for preparing a panel of peGons to be considered for appointment as such, constitute a Search Committee consisting ofat leastfive persons ofstanding and having special knowledge and expertise in the maters relating to public administration, finance including insurance and banking, law, anti-corruption policy, management, or in any other matter which, in the 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. (4) The Selection Committee shall regulate its own procedure in a transparenl manner for selecting the Chairperson and Members of the Lokayukta.
5. (5) The term of the Search Committee referred 1o in sub-section (3), the fees and allowances payable to its m€mbers and the manner ofselection of panel of names shall be such as may be prescribed.

1. (1) 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.
2. (2) The Chairperson and every Member shall, before entering upon his office, make and subscribe before the Governor an oath or affirmation in the form set out in Schedule.

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.

The salary allowances and other conditions of service of-

1. (a) the Chairperson shall be the same,as those of the Chief Justice of the High Court of Gauhati;
2. (b) other Members shall be the same as those ofa Judge of the High Court of Gauhati: 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 underthe Governmentof lndia orunder the Govemment ofa State oras Chief Justice or as a Judge ofa 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
   • (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 ofthat portion of the pension:

Vacancy in office of Chairperson or Member

1. (1) On ceasing to hold office, the Chairperson and every Membershallbe ineligiblefor-
   • (i) reappointment as the Chairperson or a Memberofthe Lokayukta; (iD 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 Governor by wanant under his hand and seal;
   • (iii) further employment to any other office of profit under the Government of lndia or the Government or corporation, company, society, local authority or aulonomous body as referred lo in sub-clauses
   • (v) and
   • (vi) of clause
   • (c) of sub-section( t ) of section 2;
     • (iv) contesting any election of President or Vice-President of lndia or Member of either House of Parliament or Member of either House of a State Legislalure or of Municipality or Panchayat within a period offive years from the date of relinquishing the post. Notwithstanding anything contiained in sub-section ('1), a Membershall be eligible to be appointed as a Chairperson, if his total tenure as Member and Chairperson does not exceed live 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. ln the event of occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the Governor may, by notification, authorise the senior-most Member to act as the Chairperson until the appointment of a new Chairperson is made to fill such vacancy. When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior-most Member available, as the Govemor may, by notificatjon, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties. There shall be a Secretary or more than one Secretary to the Lokayukta, who is or has been, in the rank of Secretary to the Government in the State and who shall be appointed by the Chairperson from a panel of names sent by the Government. There shall be a Director of lnquiry and a Director of Prosecution not below the rank of the Additional Secretary to the Government equivalent, who shall be appointed by the Chairperson from a panel of names sent by the Government. The appointment of officers and staff of the Lokayukta shall be made by the Chairperson or such Member or olficer of Lokayukta as the Chairperson may direct: Provided that the Governor may, by rule, require that the appointment in respect ofany post or posts as may be specified in the rule, shall be made after consultation with the State Public SeNice Commission. Subject to the provisions ofany law made by the Legislature ofthe Slate the conditions of service of Secretary and other officers and staff ofthe Lokawkta shall be such as may be specified by regulations made by the Lokayukta for the purpose:

Secretary, Director of Inquiry and Director of Prosecution There shall be a Secretary or more than one Secretary to the Lokayukta, who is or has been, in the rank of Secretary to the Government in the State and who shall be appointed by the Chairperson from a panel of names sent by the Government.

1. (1) The appointment of officers and staff of the Lokayukta shall be made by the Chairperson or such Member or officer of Lokayukta as the Chairperson may direct: Provided that the Governor may, by rule, require that the appointment in respect of any post or posts as may be specified in the rule, shall be made after consultation with the State Public Service Commission.
2. (2) Subject to the provisions of any law made by the Legislature of the State the conditions of service of Secretary and other officers and staff of the Lokayukta shall be such as may be specified by regulations made by the Lokayukta for the purpose: Provided that the regulations made under this sub-section shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor.