Section 5 in The Rajasthan Lokayukta and Up-Lokayuktas Act, 1973
5. Term of office and other conditions of service of Lokayukta and Up-Lokayuktas.
(1)Every person appointed as the Lokayrrkta or an Up-Lokayukta [shall hold, [office for a term of eight years] [Substituted by Rajasthan Act No. 8 of 1988 published in Rajasthan Gazette Part IV-A dated 7-4-1988.]] from the date on which he enters upon his office:Provided that,-(a)the term of office of the first UP-Lokayukta shall be such as may be fixed by the Governor but in no case it shall be fixed for a term exceeding five years from the date on which he enters upon his office;[aa) the Lokayukta holding office at the commencement of the Rajasthan Lokayukta and Up-Lokayuktas (Amendment) Ordinance, 2018 (Ordinance No. 1 of 2018) shall continue to hold that office till the expiry of term of eight years from the date on which he entered upon his office; [Substituted by Act No. 16 of 2018, dated 1.10.2018.](aaa)the Lokayukta shall, notwithstanding the expiry of his term, continue to hold office until his successor is appointed and enters upon his office;](b)the Lokayukta or an Up-Lokayukta may, by writing under his hand addressed to tire Governor, resign his office:(c)the Lokayukta or an Up-Lokayukta may be removed from office in the manner specified in section 6.(2)If the office of the Lokayukta or an Up-Lokayukta becomes vacant, or if the Lokayukta or an Up-Lokayukta is, by reason of absence or for any other reason whatsoever unable to perform the duties of his officer those duties shall, until some other person appointed under section 3 enters upon such office or, as the case may be. until the Lokayukta or such Up-Lokayukta resumes his duties, be performed.-(a)where the office of the Lokayukta becomes vacant or where he is finable to perform the dirties of his office, by the Up-Lokayukta or if there are two or more Up-Lokayuktas by such one of the Up-Lokayuktas as the Governor may be order direct:(b)where the office of an Up-Lokayukta becomes vacant or where he is unable to perform the duties of his office, by the Lokayukta himself, or if the Lokayukta so directs, by the other Up-Lokayukta or, as the case may be, such one of the other UP- Lokayuktas as may be specified in the direction:(c)[ where the office of the Lokayukta becomes vacant or where he is unable to perform the duties of his office and there is no Up-Lokayukta, by a Judge of the High Court of Judicature for Rajasthan nominated by the Chief Justice of that High Court on a request of the Governor:] [Added by Rajasthan Act No. 12 of 1978 published in Rajasthan Gazette Part IV-A, dated 28-10-1978.]Provided that the Judge so nominated shall perform the duties of the Lokayukta in addition to his own duties as a Judge of the High Court and nothing contained in the provisions of section 3, section 4, Sub-sections (1), (3), (4) and (5) of the section and section 6 shall apply to him.(3)On ceasing to hold office, the Lokayukta or an Up-Lokayukta shall be ineligible for further employment (whether as the Lokayukta or an Up-Lokayukta or in any other capacity)' under the Government of Rajasthan or the Central Government, or for any employment under, or office in, any such local authority corporation. Government company or society as is referred to in sub-clause (iv) of clause (i) of section 2. or for any employment under, or office in, any local authority in any Union Territory, which is notified by the Central Government in this behalf in the official Gazette, or any corporation (not being a local authority) established by or under a Central Act and owned or controlled by the Central Government, or any Government company within the meaning of section 617 of the Companies Act. 1956, (Central Act 1 of 1956) in which not less than fifty-one percent of the paid-up share capital is held by the Central Government, or any company which is a subsidiary of n company in which not less than fifty-one percent of the paid-up share capital is held by the Central government, or any society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860), which is subject to the control of the Central Government and which is notified by that Government in this behalf fin the Official Gazette.(4)[ Omitted] [Omitted by Rajasthan Act No. 8 of 1988, published in Rajasthan Gazette Part IV-A, dated 7-4-1988.](4)[ The salary, allowances and pension, payable to and conditions of service of the Lokayukta or Up-Lokayukta shall respectively be the same as those of the Chief Justice or a Judge of the High Court of Rajasthan:Provided that the allowances and pension payable to and other conditions of service of the Lokayukta or Up-Lokayukta shall not be varied to his disadvantage after his appointment:Provided further that if the Lokayukta or an Up-Lokayukta at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service as the Lokayukta or, as the case may be. Up-Lokayukta shall 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, and(c)if he has, before such appointment, received a retirement gratuity in respect of such previous service by the pension equivalent of that gratuity.]
