Vidhi Codex

Bare Act

Bihar Lokayukta Act, 2011

General201160 sections

This Act sets up the Lokayukta in Bihar to investigate and prosecute allegations of corruption against public servants of all grades. It provides for the appointment, term and service conditions of the Lokayukta's Chairperson and Members, its staff, and an investigation wing whose officers have police powers. A Prosecution Director is appointed to prosecute cases, and the Lokayukta's expenses are charged on the State's Consolidated Fund.

Start reading →Read full ActSections
  1. 0. Preamble
  2. 1. Short title and commencement
  3. 2. Definitions
  4. 3. Establishment of Lokayukta
  5. 4. Appointment of Chairperson and other Members and Selection Committee
  6. 5. Term of office of Chairperson and Members
  7. 6. Salary, allowances and other conditions of service of the Chairperson and members
  8. 7. Provided further that the salary, allowances and pension payable to, and other conditions of service of, the Chairperson or a Member shall not be varied to his disadvantage after his appointment.
  9. 8. Restriction on employment by Chairperson and Members after ceasing to hold office
  10. 9. Member to act as Chairperson or to discharge his functions in certain circumstances
  11. 10. Secretary, other Officers and Staff of Lokayukta
  12. 11. Provided that the regulations made shall, so far as they relate to creation of posts, salaries, allowances, leave or pensions and working conditions, require the approval of the State Government.
  13. 12. Investigation officer to have powers of police
  14. 13. Investigation officer to inquire on direction of Lokayukta
  15. 14. Appointment of Prosecution Director
  16. 15. Expenses of Lokayukta to be charged on Consolidated Fund of State
  17. 16. Jurisdiction of Lokayukta
  18. 17. Matters pending before any Court or Committee or authority before inquiry before Lokayukta
  19. 18. Constitution of benches of Lokayukta
  20. 19. Distribution of business amongst Benches
  21. 20. Power of chairperson to transfer cases
  22. 21. Decision to be by majority
  23. 22. Explanation:— In case the post of one member is vacant, the view of the Chairperson shall prevail.
  24. 23. Provision relating to inquiry and investigation
  25. 24. Persons likely to be prejudicially affected to be heard
  26. 25. The Lokayukta shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence, consistent with the principle of natural justice.
  27. 26. Procedure for sanction of prosecution
  28. 27. Action on inquiry in relation to Public Servants not being Chief Minister or Ministers or Members of the State Legislature
  29. 28. Action on inquiry against Public Servants being Chief Minister or Ministers or members of the State Legislature
  30. 29. Provisions relating to complaints
  31. 30. Investigation
  32. 31. Search and seizure
  33. 32. Governance of Investigations
  34. 33. Notwithstanding the provision of the Act, the provisions of the Chapter XII of the Criminal Procedure Code 1973 relating to investigations, which is not inconsistent with this Act shall also apply.
  35. 34. Confirmation of attachment of assets
  36. 35. Power of Lokayukta to recommend transfer or suspension of Public Servant connected with allegation of corruption
  37. 36. Power of Lokayukta to give directions to prevent destruction of records during inquiry
  38. 37. Power to delegate
  39. 38. Other power and function
  40. 39. Special Courts to be notified by State Government
  41. 40. Letter of request to another State in certain cases
  42. 41. Complaints against Chairperson and Members not to be inquired by Lokayukta
  43. 42. Complaints against Officers of Lokayukta
  44. 43. Provided that no such order shall be passed without giving such officers or employee of the Lokayukta or person, agency engaged or associated, a reasonable opportunity of being heard.
  45. 44. Grants by State Government
  46. 45. Annual Statement of accounts
  47. 46. It shall be placed on the table of the two Houses of the Bihar State Legislature.
  48. 47. Assessment of loss and recovery thereof by Special Court
  49. 48. Whistleblowers
  50. 49. Protection of action taken in good faith
  51. 50. Members, officers and employees of the Lokayukta to be public servants
  52. 51. Bar of Jurisdiction
  53. 52. Act of have overriding effect
  54. 53. Provision of this Act to be in addition of other laws
  55. 54. Furnishing of returns, etc., to State Government
  56. 55. Power to make rules
  57. 56. Power of Lokayukta to make regulations
  58. 57. Laying of rules and regulations
  59. 58. Power to remove difficulties
  60. 59. Repeal and savings

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