Keyword(s):
Bench, Grievance, Inquiry, Lokayukta Amendment appended: 10 of 2012
[Bihar Act 22, 2011]
The Bihar Lokayukta Act, 2011
AN
ACT
Preamble. – To provide for establishment of Lokayukta institution, its powers and
functions and for expeditious investigation and prosecution relating to allegation involving
corruption against public servants of all grades.
Be it enacted by the Legislature of the State of Bihar in the Sixty-second year of the
Republic of India as follows:
CHAPTER I
PRELIMINARY
- Short title and commencement.— (1) This Act may be called the Bihar Lokayukta Act,
2011.
(2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force on such date as the State Government may, by notification
in the Official Gazette, appoint, which shall not exceed thirty days from the date the Governor
has given assent. - Definitions. —(1) In this Act, unless the context otherwise requires,— (a) ” Allegation”
in relation to a public servant means affirmation that such public servant-
(i) has abused his position as such to obtain any undue gain or favour to himself or
to any other person to cause undue harm or hardship to any other person or loss
to the State Government.
(ii) was actuated in the discharge of the functions as such public servant by personal
interest or improper, corrupt motives, or
(iii) is guilty of corruption or lack of integrity in his capacity as such public servant.
(iv) has done anything punishable under the Prevention of Corruption Act, 1988.
(b) “Bench” means a Bench of the Lokayukta;
(c) “Chairperson” means the Chairperson of the Lokayukta;
(d) “Competent Authority”, in relation to—
(i) “Chief Minister” means the Governor;
(ii) “a Member of the Council of Ministers” means the Chief Minister;
(iii) “a Member of the State Legislative Council other than a Minister or the
Chairman” means the Chairman of the State Legislative Council & “a
member of the State Legislative Assembly other than a Minister or the
Speaker” means the Speaker of the Bihar Legislative Assembly;
And
“Chairman of the Legislative Council and the Speaker of the Legislative
Assembly” means the Governor;
an officer in the Department of the Government means the appointing
authority;
(v) a Chairperson or Director – Members of any body, or Board or
Corporation or Authority including Local Self Government or Local
Authority including Panchayti Raj Institutions and Urban Local Bodies or
Company or Autonomous Body (by whatever name called) established or
constituted under State Act or Society or Association of Persons or Trust
or Non-Governmental Organizations (whether registered under any law for
the time being in force or not) wholly or partly financed by the
Government or in receipt of any sums under the Foreign
Contribution (Regulation) Act, 1976 or any donation from the public or
subsidized or being given grant by the State Government or in receipt of
payment of more than the prescribed amount or wholly or partly financed
by the State Government or controlled by it means the Minister in Charge
of the administrative department of such body, or Board or Corporation or
Authority or Company or Society or Autonomous Body;
(vi) an officer of any Body or Board or Corporation or Authority including
Local Self Government or Local Authority including Panchayti Raj
Institutions and Urban Local Bodies or Company or Society or Autonomous
Body (by whatever name called) established or constituted under State Act
or wholly and partly financed by the State Government or controlled by it
means the Head of such body or Board or Corporation or Authority or
Company or Society or Autonomous Body;
(vii) any Director, Manager, Secretary or other officer / employees of every
Society or Association of Persons or trust or Non-Governmental
Organizations (whether registered under any law for the time being in force
or not) wholly or partly financed by the Government or in receipt of
any sums under the Foreign Contribution (Regulation) Act, 1976 or any
donation from the public or subsidized or being given grant by the State
Government or in receipt of payment of more than the prescribed amount,
the head of the Society or Institution or Authority or the Head of the
Association of the Person or the head of the Trust.
(e) “Full Bench” means the bench of the Lokayukta consisting of the Chairperson and
all the existing members of the Lokayukta.
(f) “grievance” means a claim by a person that he sustained injustice or undue
hardship in consequence of maladministration;
(g) “inquiry” means every inquiry conducted under this Act by the Lokayukta;
(h) “Judicial Member” means a Judicial Member of the Lokayukta appointed as
such;
(i) “Lokayukta” means the institution established under section 3 of this Act;
(j) “Member” means a Member of the Lokayukta;
(k) “Minister” means a member of the Council of Ministers (by whatever name
called) for the State and includes a State Minister, a Deputy Minister and Parliamentary
Secretary;
(l) “notification” means notification published in the Official Gazette and the
expression “notify” shall be construed accordingly;
(m) “Officer” means a person appointed to a public service or post in connection
with the affairs of the State;
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