Section 4

(16) The search committee, using all possible sources shall collect as much information as possible about the background and past achievements of these persons. (17) Such nominations as are received shall be put on a web site for inviting information from the people in respect of nominees. (18) The Search Committee after taking into consideration the information received from all the sources shall prepare, preferably through consensus, a short list of four times the number of persons to be appointed as Chairperson and members of the Lokayukta. (19) Any nomination to which objection is raised by any two members of the Search Committee shall not be included in the short list. (20) Before sending the short list to the Selection Committee, the Search Committee will get the names of the short listed persons put on a public web site to enable people to send any relevant information about the short-listed persons. (21) The Selection Committee shall, after considering all relevant information about the short listed candidates, select the Chairperson and required number of members of Lokayukta preferably through consensus. However, a person shall not be selected if three members of the Selection Committee disapprove such names. The Selection Committee, if more than one member is to be selected, shall select the members of Lokayukta preparing the list in order of preference which will be used as inter-se seniority among the members. Members selected through an earlier selection process will be deemed to be senior to those selected later. (22) The Selection Committee after selecting the persons to be recommended as Chairperson or members of the Lokayukta shall ascertain their willingness to serve as Chairperson or members, as the case may be, before recommending the names to the Governor. (23) The Government shall fill up a vacancy of the Chairperson or a member, three months before the member or the Chairperson is due to retire. If the vacancy arises due to unforeseen reasons, it shall be filled within three months of such vacancy arising. (24) The Chairperson or members of Lokayukta shall not be serving member of either the Parliament or the Legislature of any State and shall not hold any office of profit (other than the office as Chairperson or member) or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as the Chairperson or member of Lokayukta shall- (i) if he holds any office of profit, resign from such office; or (ii) if he is carrying on any business, sever his connection with the conduct and management of such business; or (iii) if he is practicing any profession, suspend practice of such profession, or (iv) if he is associated directly or indirectly with any other activity, which is likely to cause conflict of interest in the performance of his duties in Lokayukta, he should suspend his association with that activity : Provided that if even after the suspension, the earlier association of that person with such activity is likely to adversely affect his performance at Lokayukta, that person shall not be recommended by the Selection Committee as a member or Chairperson of Lokayukta. (25) A person appointed as the Chairperson or member of Lokayukta shall hold office for a term of five years from the date on which he enters upon his office or upto the age of seventy years, whichever is earlier; Provided that,- (a) the Chairperson or member of Lokayukta may, by writing under his hand addressed to the Governor, resign from his office; (b) the Chairperson or member may be removed from office in the manner provided in this Act. (26) 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 the Schedule. (27) 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. 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. (28) There shall be paid to the Chairperson and each member a salary and allowances equal to that of the Chief Justice of High Court and that of the Judge of the High Court respectively : 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- (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. (29) The pension payable to and other conditions of service of the Chairperson or a member shall be such as may be prescribed by the government: Provided that the pension payable to and other conditions of service of the Chairperson or a member shall not be varied to his disadvantage after his appointment. (30) The Chairperson and members of Lokayukta after demitting their office shall not be eligible for appointment to any position in the Government of India or the Government of any State or any such body which is funded by any of the Governments or for contesting elections to Parliament, State Legislature or local bodies. (31) The Lokayukta shall select and appoint a Secretary to the Lokayukta who shall enjoy the status and rank of Principal Secretary in the Government of Uttarakhand. (32) The Officers in the Lokayukta shall be appointed by the Board or any other authority designated by the Board in accordance with Regulations whether on a permanent basis or on a temporary basis.