Substitution of new section for section 5 of West Ben. Act. XXXV of 2003.

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.".