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THE BIHAR LOKAYUKTA (AMENDMENT) ACT, 2012
[Bihar Act 10, 2012]
THE BIHAR LOKAYUKTA (AMENDMENT) ACT, 2012
An Act to amend The Bihar Lokayukta Act, 2011 [Bihar Act 22, 2011]
Be it enacted by the Legislature of the State of Bihar in the Sixty-Third year of the Republic of India as follows:-
1. Short title extent and commencement.—
(1) This Act may be called the Bihar Lokayukta (Amendment) Act, 2012.
(2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force at once.
2. Amendment in Section 2 of Bihar Act 22, 2011.— In the said Act, in sub-section (1) of Section-2 the following new clause(ii) shall be added after clause(i):-
"(ii) "maladministration" means action taken or purporting to have been taken in the exercise of administrative functions in any case—
(a) where such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory, or
(b) where there has been negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay."
3. Addition of a new Section 28A after Section 28 in the Bihar Act 22, 2011.—
In the said Act, the following new Section 28A shall be added after Section 28 : - "28A. Reports of Lokayukta—
(1) If, after investigation of any action in respect of which a complaint involving a grievance has been or can be or could have been made, the Lokayukta is satisfied that such action has resulted in injustice or undue hardship to the complainant or any other person, the Lokayukta shall, by a report in writing, recommend to the public servant and the competent authority concerned that such injustice or undue hardship shall be remedied or redressed in such manner and within such time as may be specified in the report.
(2) The competent authority shall examine the report forwarded to it under sub-section (1) and intimate within three months of the date of receipt of the report, to the Lokayukta, the action taken or proposed to be taken on the basis of the report.
(3) If the Lokayukta is satisfied with the action taken or proposed to be taken on its recommendations or findings referred to in sub-sections (1), it shall close the case under information to the complainant, the public servant and the competent authority concerned; but where it is not so satisfied and if it considers that the case so deserves, it may make a special report upon the case to the Governor and also inform the complainant concerned.
(4) The Lokayukta may, at his discretion, make available from time to time, the substance of cases closed or otherwise disposed of by him which may appear to him to be of general public, academic or professional interest in such manner and to such persons as he may deem appropriate.
