Chapter II ESTABLISHMENT OF LOKAYUKTA

1. (1) As soon as after the commencement of this Act, there shall be established, by notification in the Official Gazette, a body to be called the “Lokayukta”.
2. (2) The Lokayukta shall consist of-
   • (a) a Chairperson, who is or has been a Chief Justice of the High Court or a Judge of the High Court or an eminent person who fulfils the eligibility specified in clause
   • (b) of sub-section (3); and
   • (b) such number of members, not exceeding four out of whom fifty percent 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 the High Court or is eligible to be a Judge of the High Court;
   • (b) as a Member other than a Judicial Member, if he is a person of impeccable integrity, 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, and management.
4. (4) The Chairperson or a Member shall not be —
   • (i) a member of 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 or Municipality or District Council;
   • (v) 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.

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 Speaker of the Legislative Assembly — member;
   • (c) the Leader of Opposition in the Legislative Assembly — member;
   • (d) the Chief Justice of the High Court of Meghalaya or a Judge of the High Court nominated by him — member;
   • (e) an eminent person nominated by the Governor — member.
2. (2) No appointment of a 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 persons to be considered for appointment as such, constitute a Search Committee consisting of at least five persons of standing and having special knowledge and expertise in the matters relating to anti-corruption 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 selection of the Chairperson and Members of the Lokayukta: Provided that not less than fifty percent of the Members of the Search Committee shall be from amongst the persons belonging to the Schedule Castes, the Scheduled Tribes, Other Backward Classes and women: Provided further that at the commencement of this Act, the Search Committee may submit a panel of names twice the number of Chairperson and Members of Lokayukta for consideration by the Selection Committee and subsequently thrice the number of vacancies to be filled up: Provided also 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 for selecting the Chairperson and Members of the Lokayukta which shall be transparent.
5. (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.

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.

1. (1) 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 this Act.
2. (2) The Chairperson and every member shall before entering their office, make and subscribe before the Governor an oath or affirmation in the form set out for this purpose in the Schedule.

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:

Restriction on employment by Chairperson and Members after ceasing to hold office

1. (1) On ceasing to hold office, the Chairperson and every Member shall be ineligible for—
   • (i) reappointment 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 Governor by warrant under his hand and seal;
   • (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 District Council or Panchayat within a period of five years from the date of relinquishing the post.
2. (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 ten 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, authorise the senior-most 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) There shall be a Director of Inquiry and Director of Prosecution not below the rank of the Additional Secretary to the State Government or equivalent, who shall be appointed by the Chairperson from a panel of names sent by the State Government.
3. (3) 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.
4. (4) Subject to the provisions of any law made by the State Legislature, 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 after obtaining concurrence from Government.