- [(1) For the purpose of conducting investigation in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the 'Lokayukta', and one or more persons as 'Upa-Lokayukta' or 'Upa-Lokayuktas':Provided that,-(a)the person to be appointed as Lokayukta shall be a retired Chief Justice of a High Court;(b)the person to be appointed as Upa-Lokayukta shall be a retired Judge of High Court or a retired District Judge;(c)the Lokayukta or Upa-Lokayukta shall be appointed on the recommendation of Committee consisting of,-(i)the Chief Minister of the State;(ii)the Speaker of Legislative Assembly of the State;(iii)the Leader of Opposition in the Legislative Assembly;(iv)the Chairman of the Legislative Council;(v)the Leader of Opposition in the Legislative Council.](2)[ (i) Every person appointed to be the Lokayukta shall, before entering upon his office, make and subscribe, before the Governor an oath or affirmation according to the form set out for the purpose in the First Schedule.(ii)Every person appointed to be the Upa-Lokayukta 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 according to the form set out for the purpose in the First Schedule.](3)The Upa-Lokayukta shall function under the administrative control of the Lokayukta and in particular, for the purpose of convenient disposal of investigations under this Act, the Lokayukta may issue general or special directions, as he may consider necessary, to the Upa- Lokayukta:Provided that nothing in this sub-section shall be construed to authorise the Lokayukta to question any decision, finding, or recommendation of the Upa-Lokayukta.
