The Bihar Lokayukta Act, 1973

{
    "id": 15838,
    "slug": "the-bihar-lokayukta-act-1973",
    "title": "The Bihar Lokayukta Act, 1973",
    "short_title": "The Bihar Lokayukta Act, 1973",
    "act_number": "",
    "act_year": 1973,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar Lokayukta Act, 1973",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"action\" means action taken by way of decision, recommendation or finding or in any other manner and includes failure to act and all other expressions connoting action shall be construed accordingly;\n(b) \"allegation\" in relation to a public servant means any affirmation that such public servant-\n(i) Has abused his position as such to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person.\n(ii) Was actuated in the discharge of the functions as such public servant by personal interest or improper, corrupt motives, or\n(iii) Is guilty of corruption or lack of integrity in his capacity as such public servant;\n(c) \"Competent authority\" in relation to a public servant means-\n(i) In the case of Ministers or a Secretary. - The Chief Minister or during the period of operation of any proclamation issued under Article 356 of the Constitution, the Government;\n(ii) In the case of any other public servant. - Such a authority as may be prescribed;\n(d) \"grievance\" means a claim by a person that he sustained injustice or undue hardship in consequence of mal-administration;\n(e) \"Lokayukta\" means a person appointed as the Lokayukta of Bihar under Section 3;\n(f) \"mal-administration\" means action taken or purporting to have been taken in the exercise of administrative functions in any case-\n(i) Where such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory, or\n(ii) where there has been negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay;\n(g) \"Minister\" means a member (other than the Chief Minister) of the Council of Ministers by whatever name called for the State and includes a State Minister, a Deputy Minister and Parliamentary Secretary;\n(h) \"Officer\" means a person appointed to a public service or post in connection with the affairs of the State;\n(i) \"prescribed\" means prescribed by Rules made under this Act;\n(j) \"Public Servant\" denotes a person falling under any of the descriptions hereinafter following namely:-\n(i) every Minister referred to in clause (g);\n(ii) every Officer referred to in clause (h);\n(iii) every Officer referred to in clause (h) who on deputation or on transfer to foreign service is in the service or pay of-\n(a) any local authority in the State which is notified in the Official Gazette;\n(b) any Corporation (not being the local authority) established by or under the State Act and owned or controlled by the State Government;\n(c) any Government Company within the meaning of Section 617 of the Companies Act, 1956 (Act I of 1956) in which not less than fifty one per cent of the paid up share capital is held by the State Government or any Company which is a subsidiary of a company in which not less than fifty-one per cent of the paid up share capital is held by the State Government;\n(d) any society registered under the Societies Registration Act, 1860 (Act 21 of 1860) which is subject to the control of the State Government and which is notified by the State Government in this behalf in the Official Gazette;\n(iv) every head or his deputy by whatever designation, he may be known, of the local authority, the Corporation, the Government company or a registered society referred to in sub-clause (iii) or any other institution or authority subsidised by the Government;\n(k) \"Secretary\" means-\n(i) The Chief Secretary, a Principal Secretary, a Secretary a Special Secretary or an Additional Secretary to the State Government in any Department or an officer of the rank of Divisional Commissioner posted in the Secretariat of the State Government or in any office attached to the Secretariat,\n(ii) A Secretary, a Special Secretary or an Additional Secretary in the Chief Minister's Secretariat and includes a Joint Secretary in independent charge of any Department.\n(l) \"State\" means the State of Bihar.\n[2A.\ntgka dksbZ O;fDr ftlds fo:) vf/kfu;e ds v/khu dksbZ vUos\"k.k izkjaHk fd;k tk;A ;gka og bl vf/kfu;e dh /kkjk 7 ds iz;kstukFkZ ml O;fDr ij ykxw le>k tk;sxk] Hkys gh ckn esa mDr in /kkj.k ugha dj jgk gSA",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Appointment of Lokayukta.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Lokayukta to hold no other office.",
            "chapter": null,
            "content": "(a) if he is a member of Parliament or of the Legislature of any State, resign such membership; or\n(b) if he holds any office of trust or profit resign from such office, or\n(c) if he is connected with any political party, sever his connection with it, or\n(d) if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and the management of such business, or\n(e) if he is practicing any profession, cease to practice such profession; or\n(f) if he is Chairman or Secretary or member of the Managing Committee of any School or College, resign from such office, or\n(g) if he is Chairman, Secretary or Treasurer or a Member of any Cooperative Society, resign from such office, or\n(h) if he holds any post in any Notified Area Committee, Municipality, Municipal Corporation or District Board, resign from such post.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Term of office and other conditions of service of Lokayukta.",
            "chapter": null,
            "content": "(a) The Lokayukta may by writing under his hand addressed to the Governor resign his office;\n(b) The Lokayukta may be removed from office in the manner specified in Section 6.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Removal of Lokayukta.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Matters which may be investigated by Lokayukta.",
            "chapter": null,
            "content": "(i) a Minister or a Secretary, or\n(ii) any other public servant;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Matters not subject to investigation.",
            "chapter": null,
            "content": "(a) if such action relate to any matter specified in the Third Schedule; or\n(b) if the complaint has or had any remedy by way of proceedings before any tribunal or court of law:\n(a) in respect of which a formal and public inquiry has been ordered under the Public Servants Inquiries Act, 1850 (Act 37 of 1850); or\n(b) in respect of a matter which has been referred for enquiry under the Commissions of Inquiry Act, 1952 (Act 60 of 1952).\n(a) Involving a grievance, if the complaint is made after the expiry of twelve months from the date on which the action complained against becomes known to the complainant;\n(b) Involving an allegation, if the complaint is made after the expiry of five years from the date on which the action complained against is alleged to have taken place:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Provisions relating to complaints.",
            "chapter": null,
            "content": "(a) in the case of grievance, by the person aggrieved;\n(b) in the case of an allegation by any person other than a public servant:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Procedure in respect of Investigation.",
            "chapter": null,
            "content": "(a) shall forward a copy of the complaint or, in the case of any investigation which he proposes to conduct on his own motion, a statement setting out the grounds therefor, to the public servant concerned and the competent authority concerned;\n(b) shall afford to the public servant concerned an opportunity to offer his comments on such complaint or statement; and\n(c) may make such orders as to the safe custody of documents relevant to the investigation, as he deems, fit.\n(a) The complaint is frivolous or vexatious or is not made in good faith; or\n(b) there are no sufficient grounds for investigation or, as the case may be for continuing the investigation; or\n(c) other remedies are available to the complainant and in the circumstances of the case it would be more proper for the complainant to avail of such remedies.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Evidence.",
            "chapter": null,
            "content": "(a) summoning and enforcing the attendance of any person and examining him on oath;\n(b) requiring the discovery and production of any document;\n(c) receiving evidence on affidavits;\n(d) requisitioning any public record or copy thereof from any court or office:\n(e) issuing commissions for the examination of witnesses or documents;\n(f) such other matters as may be prescribed.\n(a) as might prejudice the security of the State or the investigation or detection of crime; or\n(b) as might involve the disclosure of proceedings of the Cabinet of the State Government, and for the purposes of this sub-section, a certificate issued by a Secretary certifying that any information, answer or portion of a document is of the nature specified in clause (a) or clause (b) shall be binding and conclusive.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Reports of Lokayukta.",
            "chapter": null,
            "content": "[12A. Imposition of cost by Lokayukta to be recoverable as an arrear of revenues.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Staff of Lokayukta.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Secrecy of Information",
            "chapter": null,
            "content": "(a) for purposes of the investigation or any report to be made thereon or for any action or proceedings to be taken on such report; or\n(b) for purposes of any proceedings for an offence under the Indian Official Secrets Act, 1923 (Act No. 19 of 1923) or an offence of perjury or for purposes of any proceedings under Section 15; or\n(c) for such other purposes as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Intentional insult or interruption to, or bringing into dispute, Lokayukta.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Protection.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Conferment of additional functions on Lokayukta.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Power to exclude complaints against certain classes of public servants.",
            "chapter": null,
            "content": "* Issued vide Personnel Department (C.&M.) Notification, dated 5th August, 1974 which reads as follows:-\n\"Whereas the Governor of Bihar has received recommendation from the Lokayukta of Bihar for excluding complaints involving grievances or allegations or both against public servants holding non-gazetted post from his jurisdiction;\nAnd whereas, the Governor is satisfied that it is expedient in the public interest so to do;\nNow, therefore, in exercise of the powers conferred by sub-section(l) of Section 18 of the Bihar Lokayukta Act, 1973 (Bihar Act VI of 1974), the Governor of Bihar is pleased to declare that complaints involving grievances or allegation or both against persons belonging to all classes of public servants holding non-gazetted posts shall be excluded from the jurisdiction of the Lokayukta, unless such public servants holding non-gazetted posts are also involved in complaints of grievances or allegations or both along with Gazetted and higher personnel of administration.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Power to delegate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Power to make Rules.",
            "chapter": null,
            "content": "(a) the authorities for the purpose required to be prescribed under -sub clause (ii) of clause (c) of Section 2;\n(b) the allowances and pension payable to and other conditions of service of the Lokayukta;\n(c) the form in which complaints may be made and the fees, if any, which may be charged in respect thereof;\n(d) the powers of a Civil Court which may be exercised by the Lokayukta;\n(e) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is in the opinion of the Governor necessary for the proper implementation of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Removal of doubts.",
            "chapter": null,
            "content": "(a) any Judge as defined in Section 19 of the Indian Penal Code (Act No. 45 of 1860);\n(b) any officer or servant of any Court in the State;\n(c) the Accountant-General, Bihar;\n(d) the Chairman or a Member of the State Public Service Commission;\n(e) the Chief Electoral Officer, Bihar;\n(f) the Chairman or a Member of the University Service Commission, Patna;\n[(g) Chairman or Member of Bihar State Subordinate Service Selection Board.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Saving.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Repeal and saving.",
            "chapter": null,
            "content": "The First Schedule\n[See Section 3(2)]\nThe Second Schedule\n[See Section 5(3)]\n(a) by the amount of that pension; and\n(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 that pension; and\n(c) if he has before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.\nThe Third Schedule\n[See Section 8(1)]\n(a) Action taken under the Extradition Act, 1962 (Act No. 34 of 1962) or the Foreigners Act, 1946 (Act No. 31 of 1946).\n(b) Action taken for the purpose of investigating crime or protecting the security of the State including action taken with respect to passports and travel documents.\n(c) Action taken in the exercise of powers in relation to determining whether a matter shall go to a court or not.\n(d) Action taken in matters which arise out of the terms of a contract governing purely commercial relations of the administration with customers or suppliers, except where the complainant alleges harassment or gross delay in meeting contractual obligations.\n[(e) Action taken in respect of appointments, removals, pay, discipline, superannuation or other matters relating to conditions of service of public servants but not including action relating to claims for pension, gratuity, provident fund or to any claim which arise on retirement, removal or termination of service and such other action involving allegation of corruption in respect of appointments not barred under provisions of Section 21 of this Act.]\n(f) Grant of honours and awards.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        }
    ],
    "metadata": {
        "Act ID": "bh429",
        "Act Number": "",
        "Enactment Date": "",
        "Act Year": "1973",
        "Short Title": "The Bihar Lokayukta Act, 1973",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}