Chapter III ESTABLISHMENT OF LOKAYUKTA

1. (1) As and from the commencement of this Act, there shall be established by notification in the Official Gazette, a body to be called the "Lokayukta, Maharashtra State".
2. (2) The Lokayukta shall consist of-
   • (a) a Chairperson, who is or has been the Chief Justice of High Court or a Judge of Supreme Court or a Judge of Bombay High Court; and
   • (b) such number of Members, not exceeding four out of whom two shall be Judicial Members.
3. (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: Provided that, a person who is or who has been a Judge not below the rank of Principal District Judge may be appointed as Judicial Member, if a person who is or has been Judge of High Court is not available;
   • (b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law, financial management.
4. (4) The Chairperson or a Member shall not be,-
   • (i) a member of the Parliament or a Member of the Legislature of any State or Union territory;
   • (ii) a person convicted of any offence involving moral turpitude;
   • (iii) 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;
   • (iv) a member of any Panchayat, Zilla Parishad, Nagar Panchayat, Municipal Council or Municipal Corporation;
   • (v) a member of a body, corporation or society, substantially financed by the State Government;
   • (vi) a person who has been removed or dismissed from service of the Union or a State, and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member) or be connected with any political party or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as the Chairperson or a Member, as the case may be, shall, if-
   • (a) he holds any office of trust or profit, resign from such office; or
   • (b) he is carrying on any business, sever his connection with the conduct and management of such business; or
   • (c) he is practicing any profession, cease to practice such profession.
5. (5) Every person appointed as the Chairperson or Member shall, before entering upon his office, make and subscribe, before the Governor, or some person appointed in that behalf by him, an oath or affirmation in the form set out for the purpose in the First Schedule.
6. (6) Notwithstanding anything contained in sub-section (1) or (2), every person who on the date of commencement of this Act is serving as Lokayukta or Upa-Lokayuktas under the Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971 (Mah. XLVI of 1971) shall, on and from such commencement, be the Chairperson or, as the case may be, the Member of the Lokayukta established under sub-section (1) and they shall continue to hold the office on the same terms and conditions on which they were appointed prior to the commencement to this Act, till completion of their term of office.

1. (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 Deputy Chief Minister - Vice-Chairperson;
   • (c) the Chairman of the Maharashtra Legislative Council - Member;
   • (d) the Speaker of the Maharashtra Legislative Assembly - Member;
   • (e) the Leader of Opposition in the Maharashtra Legislative Council - Member;
   • (f) the Leader of Opposition in the Maharashtra Legislative Assembly - Member;
   • (g) the Chief Justice of the Bombay High Court or a Judge of the Bombay High Court nominated by him - Member.
2. (2) No appointment of the Chairperson or a Member shall be invalid merely by reason of any vacancy in the Selection Committee.
3. (3) The Selection Committee shall regulate its own procedure for selecting the Chairperson and Members of the Lokayukta which shall be transparent.

The Government 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: Provided that, when the office of the Chairperson or Member becomes vacant, the vacancy shall be filled within a period of three months from the date of occurrence of vacancy.

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,-

1. (a) by writing under his hand addressed to the Governor, resign his office ; or
2. (b) be removed from his office in the manner provided in this Act.

The salary, allowances and other conditions of service of,-

1. (i) the Chairperson shall be the same as those of the Chief Justice of the High Court ;
2. (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 India or 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-

1. (a) by the amount of that pension ; and
2. (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.

1. (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) further employment to any other office of profit under the State Government.
2. (2) Notwithstanding anything contained in sub-section (1), a Member shall be eligible to be appointed as the 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.

1. (1) In 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, authorize the seniormost Member to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.
2. (2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior-most Member available, as the Governor may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.

1. (1) There shall be a Secretary to the Lokayukta in the rank of Secretary to the State Government, who shall be appointed by the Chairperson from a panel of names sent by the State Government.
2. (2) The appointment of officers and staff of the Lokayukta shall be made by the Lokayukta : 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 Maharashtra Public Service Commission.
3. (3) Subject to the provisions of any law made by the State Legislature, the conditions of service of officers and staff of the Lokayukta shall be such as may be prescribed by the Lokayukta for the purpose.
4. (4) Notwithstanding anything contained in this section, every person who on the date of commencement of this Act is serving as an officer or staff for assisting the Lokayukta and Upa-Lokayuktas, shall, on and from such commencement, be the officer and staff for assisting the Lokayukta under this Act and they shall continue to hold the office on the same terms and conditions on which they were appointed prior to the commencement to this Act.

The administrative expenses of the Lokayukta, including all salaries, allowances and pensions payable to or in respect of the Chairperson, Members or Secretary or other officers or staff of the Lokayukta, shall be charged upon the Consolidated Fund of State and any fees or other moneys received by the Lokayukta shall form part of the Consolidated Fund of the State.