The West Bengal Lokayukta (Amendment) Act, 2023

Registered No. WB/SC-247 No. WB(Part-III)/2023/SAR-10

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PART III—Acts of the West Bengal Legislature.

GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION

No. 353-L.-10th April, 2023.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:—

West Bengal Act V of 2023

THE WEST BENGAL LOKAYUKTA (AMENDMENT) ACT, 2023.

[Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 10th April, 2023.] An Act to amend the West Bengal Lokayukta Act, 2003.

West Ben. Act XXXV of 2003.

WHEREAS it is expedient to amend the West Bengal Lokayukta Act, 2003, for the purpose and in the manner hereinafter appearing;

It is hereby enacted in the Seventy-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows:—

Short title and commencement. 1. (1) This Act may be called the West Bengal Lokayukta (Amendment) Act, 2023.

2 THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 10, 2023 [PART III

The West Bengal Lokayukta (Amendment) Act, 2023.

(Section 2.)

1. (2) It extends to the whole of West Bengal.
2. (3) It shall be deemed to have come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

For section 5 of the West Bengal Lokayukta Act, 2003, the following section shall be substituted:— "Term of office of Lokayukta. 5. (1) Every person appointed as the Lokayukta shall, subject to the provisions of sub-section (3), hold office for a period of three years from the date he assumes charge of his office or till he attains the age of seventy years, whichever is earlier: Provided that — (a) the Lokayukta may, in writing under his hand addressed to the Governor, resign his office; (b) the Lokayukta may be removed from office in the manner provided in section 6. (2) On ceasing to hold office, the Lokayukta shall be ineligible for further appointment as the Lokayukta or for any employment under the State Government or Local Authority, or University, or Statutory Body or Corporation, or Society, or Co-operative Society, or a Government Company or any other body or Corporation constituted by or under any State Law. Explanation.— Where the term of the Lokayukta has been extended in accordance with sub-section (3), the provisions of sub-section (2) shall apply only upon completion of such extended terms of office or upon resignation or removal of the Lokayukta, as the case may be. (3) The term of office of the Lokayukta may be extended before the expiry of the initial term of office of three years or within two years after the expiry of the original term of office of three years, by the Governor by warrant under his hand and seal: Provided that the proviso to sub-section (1) of section 3 shall not apply to such extension of the term of office of the Lokayukta by the Governor: Provided further that in the event of the Governor extending the term of office of the Lokayukta after the expiry of the original term of three years, such extension of term of office shall be made by warrant under the hand and seal of the Governor and thereupon, the extension of term of office shall be deemed to have come into effect: Provided also that such extension of term of office shall in no case be extended beyond the date on which the incumbent Lokayukta attains the age of seventy years.".

1. (1) Every person appointed as the Lokayukta shall, subject to "Term of office of

Lokayukta. the provisions of sub-section (3), hold office for a period of three years from the date he assumes charge of his office or till he attains the age of seventy years, whichever is earlier:

Provided that —

1. (a) the Lokayukta may, in writing under his hand addressed to the Governor, resign his office;
2. (b) the Lokayukta may be removed from office in the manner provided in section 6.

1. (2) On ceasing to hold office, the Lokayukta shall be ineligible for further appointment as the Lokayukta or for any employment under the State Government or Local Authority, or University, or Statutory Body or Corporation, or Society, or Co-operative Society, or a Government Company or any other body or Corporation constituted by or under any State Law. Explanation.— Where the term of the Lokayukta has been extended in accordance with sub-section (3), the provisions of sub-section (2) shall apply only upon completion of such extended terms of office or upon resignation or removal of the Lokayukta, as the case may be.
2. (3) The term of office of the Lokayukta may be extended before the expiry of the initial term of office of three years or within two years after the expiry of the original term of office of three years, by the Governor by warrant under his hand and seal: Provided that the proviso to sub-section (1) of section 3 shall not apply to such extension of the term of office of the Lokayukta by the Governor: Provided further that in the event of the Governor extending the term of office of the Lokayukta after the expiry of the original term of three years, such extension of term of office shall be made by warrant under the hand and seal of the Governor and thereupon, the extension of term of office shall be deemed to have come into effect: Provided also that such extension of term of office shall in no case be extended beyond the date on which the incumbent Lokayukta attains the age of seventy years.". By order of the Governor, PRADIP KUMAR PANJA, Pr. Secy. to the Govt. of West Bengal, Law Department. Published by Law Department, Government of West Bengal and Printed at Saraswaty Press Ltd.(Govemment of West Bengal Enterprise), Kolkata 700 056.