Term of office and conditions of service of Lokayukta and Up-Lokayukta

(1) Every person appointed as a Lokayukta or Up-Lokayukta shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of seventy-two years whichever is earlier : Provided that - (i) the Lokayukta or Up-Lokayukta may, by writing under his hand addressed to the Governor, resign from his office, (ii) the Lokayukta or Up-Lokayukta may be removed from office in the manner specified in section 6. (2) On ceasing to hold office, the Lokayukta and every Up-Lokayukta shall be ineligible for - (i) re-appointment as the Lokayukta or an Up-Lokayukta; (ii) any assignment or appointment which is required by law to be made by the Governor of Gujarat under his hand and seal; (iii) further employment to any other office of profit under the Government of Gujarat. (3) There shall be paid to the Lokayukta and to the Up-Lokayukta such salary as may be prescribed. (4) The allowances and pension payable to and other conditions of service of the Lokayukta and Up-Lokayukta shall be such as may be prescribed : Provided that in prescribing the allowances and pension payable to and other conditions of service of the Lokayukta or Up-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 and of a Judge of the High Court, respectively: Provided further that the allowances and pension payable to and other conditions of service of the Lokayukta or Up-Lokayukta shall not be varied to his disadvantage after his appointment. (5) The salaries, allowances and pension payable to or in respect of Lokayukta and Up-Lokayukta shall be the expenditure charged on the Consolidated Fund of the State. (5) The Lokayukta Aayog shall be deemed to be a Civil Court and when any offence as is described in section 175, section 178, section 179 or section 180 of the Indian Penal Code is committed in the view or presence of the Lokayukta Aayog, the Lokayukta may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the Code of the Criminal Procedure, 1973. (6) Any proceeding before the Lokayukta Aayog shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code. (7) Subject to the provisions of sub-section (8), no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to the State Government or any public servant, whether imposed by any enactment or by any rule under the enactment shall apply to the disclosure of information for the purpose of any investigation under this Act and the State Government or any public servant shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by any enactment or by any rule under the enactment in legal proceedings. (8) (i) No person shall be required or authorized by virtue of this Act to furnish any such information or answer any such question or produce a document,- (a) as might prejudice the security or defense or international relations of India (including India's relations with the Government of any other country or with any international organization), or the investigation or detection of crime; or (b) as might involve the disclosure of proceedings, other than the decision, the Cabinet or Council of Ministers of the State Government or any committee thereof, if any; and for the purpose of this sub-section, a certificate issued by the Chief Secretary certifying that any information, answer or portion of a document is of the nature specified in clause (a) or clause (b), shall be binding and conclusive. (ii) For the purpose of investigation under this Act, no person shall be compelled to give any evidence or produce any document, which he could not be compelled to give or produce in proceedings before a court.