Organizational Structure | - The structure of Lokayukta does not follow a uniform pattern in all the states.
- Some states such as Rajasthan, Karnataka, Andhra Pradesh and Maharashtra have created the Lokayukta as well as Up-Lokayukta, while some others like Uttar Pradesh and Himachal Pradesh have created only the Lokayukta.
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Appointment | - In states, the Lokayukta and Up-Lokayukta are appointed by the Governor.
- At the time of appointment, the Governor, generally, consults the Chief Justice of the State High Court, and Leader of Opposition in the State Legislative Assembly.
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Qualifications | - For the Lokayukta, judicial qualifications are prescribed in the States of Uttar Pradesh, Himachal Pradesh, Andhra Pradesh, Gujarat, Odisha and Karnataka.
- However, no specific qualifications are prescribed in the states of Bihar and Rajasthan.
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Term of office | - The term of office fixed for Lokayukta in majority of states, is of five years duration or 70 years (Himachal Pradesh) of age, whichever is earlier; and the Lokayukta is not eligible for reappointment for a second term.
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Jurisdiction | - At the state level, there is no uniformity in case of the jurisdiction of Lokayukta. In this regard:
- The Chief Minister is included within the jurisdiction of Lokayukta in Himachal Pradesh, Andhra Pradesh, Madhya Pradesh, Maharashtra and Gujarat, while s/he is excluded from the purview of Lokayukta in the states of Uttar Pradesh, Rajasthan and Bihar.
- Ministers and higher civil servants are included in the purview of Lokayukta in majority of states. However, the Maharashtra has also included former ministers and civil servants.
- Members of the state legislatures are included in the purview of Lokayukta in Andhra Pradesh, Himachal Pradesh, Gujarat and Uttar Pradesh.
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Powers | - Supervisory powers, that is, powers of superintendence over and to give direction regarding matters referred for preliminary inquiry or investigation;
- Power of Search and seizure.
- Power of civil court in certain cases.
- Power to utilize services of officers of the State Government.
- Power of provisional attachment of assets.
- Power related to confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption, in special circumstances;
- Power to recommend transfer or suspension of public servant connected with allegation of corruption.
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Functions | - Accepts grievance against the accused person or body of persons, the Lokayukta provides the chance to the complainant for defending, after duly informing her/ him/them.
- The Lokayukta carries out fair and impartial investigations, based on facts against the accused person by taking the assistance of special investigating agencies.
- The Lokayukta presents consolidated report on performance, annually, to the Governor.
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