THE BIHAR LOKAYUKTA(CONDITION OF SERVICE) RULE, 1974

(As amended up to date)

PART I

Preliminary

1. These rules may be called the Bihar Lokayukta (Conditions of Service) Rules, 1974.

2. Definitions.—In these rules unless the context otherwise requires—

(a) "Actual service" includes—

(i) time spent by the Lokayukta on duty;

(ii) joining time or transfer to the office of Lokayukta from a post or a office under the

Government of India or a State Government;

(b) "Family" means—

(i) the wife or a husband of the Lokayukta; and

(ii) the parents, legitimate children and step-children of the Lokayukta, wholly dependent

upon him;

(c) "Government" means the Governor of Bihar;

(f) "Hospital" means a Government hospital and includes a hospital maintained by a local authority

and any other hospital with which arrangements have beer made by Government for the

treatment of its officers;

(g) "Parent service" means in relation to a Government servant appointed as Lokayukta, the service

under which he was employed before his appointment as Lokayukta;

(h) "Pension" means a pension of any kind payable to the Lokayuktas, and include any gratuity or

other sum or sums so payable by way of death or retirement benefits;

(i) "Prescribed" means prescribed under these rules;

(j) "Service of pension" includes—

(i) actual service;

(ii) forty five days, or the number of days actually availed of, whichever is less, at each period

of leave, or full allowances;

(iii) joining time or return from leave outside India; and

(iv) any period which may be added to the service for pension of the Lokayukta;

(v) "Service pension" means the pension granted to a Government servant appointed as

Lokayukta under the rules of the Parent service and signified the gross amount of such

pension prior to communication and includes the pension equivalent of service gratuity.

PART II

RETIREMENT OF A GOVERNMENT SERVANT ON APPOINTMET AS LOKAYUKTA.

3. A Lokayukta who, immediately before the date of his appointment as such, was a Government

Servant, shall be deemed to have retired from parent service with effect from the date of his

appointment as Lokayukta.

PART III

LEAVE

4. A Government Servant appointed as Lokayukta while in service, may be permitted to carry forward

all the leave earned by him in the parent service, to be availed of by him during the tenure of his

office as Lokayukta. Subject to this, the calculation of leave admissible to the Lokayukta will be

done in accordance with rule 5.

5. (1) The Lokayukta may be granted leave as follows:--

(a) earned leave, on full allowance, up to 1/11th

period spent on duty subject to a maximum of

four months at any one time;

(b) leave of medical certificate, on half the allowance admissible on earned leave, subject to

maximum of three months at any one time

(c) extraordinary leave without allowance, subject to a maximum of three months at any one

time.

Explanation.—

(1) All or any two of these kinds of leave may be granted in combination, at one time.

(2) The Lokayukta may in addition to any leave salary he may be entitled to under sub-rule (1),

draw the service pension.

(3) The Lokayukta appointed under section 3 of the Bihar Lokayukta Act, 1973 (Bihar Act VI

of 1974), on ceasing to hold office after completing his full term of five years as provided

in sub-section (i) of section 5 of the Act, shall be entitled to the case equivalent of leave

salary in respect of the period of earned leave to his credit on the date he ceases to hold

office subject to maximum period of 180 (one hundred eighty)days.

*(4) Deleted vide G.S.R no 10, dated 24th

March, 1988.

6. Notwithstanding anything contained in sub-rule(i) of 5, the Lokayukta may be permitted to Commute

leave or half allowances into leave on full allowances on medical certificate up to a maximum of three

months during the whole period of his service as Lokayukta.

7. Special disability leave.— The rules prescribed in the All-India Service (Special Disability leave)

Regular, 1957, in respect of a member of the All-India Service, who may be disabled by injury caused

in, or in consequence of his official duties, or in consequence of his official position, shall apply in

relation to the Lokayukta

8. Consequence of over-staying leave.— If the Lokayukta overstays his leave, he shall receive no salary

for the period of his absence in excess of leave granted to him:

Provided that if such leave is due to circumstances beyond his control, the period thereof may be

treated as leave and may be debited to his leave account.

9. Authority competent to grant leave, etc.—The Authority competent to grant or refuse leave to the

Lokayukta, or revoke or curtail leave granted to him, shall be the Governor.

PART IV

PENSION

10. Pension payable to the Lokayukta.-- Subject to the provision of these rules, the Lokayukta shall, on

his retirement or ceasing to hold office, be paid a pension:

Provided that no such pension shall be payable to the Lokayukta—

(a) unless he has completed not less than three years of service for pension, or

(b) if he has been removed from service; or

(c) if he has resigned, unless he has completed three years of service or more for pension, and such

resignation is accepted by the Governor:

Provided further that if the Lokayukta, at the time of his appointment is in receipt of a service

pension (other than a disability or wound pension), the pension payable under those rules shall be in lien of

and not in addition to, that pension;

Provided further that if the Lokayukta, at the time of his appointment, is in receipt of a service

pension, he shall count his service as Lokayukta for pension and retirement benefits under the rule

applicable to the service to which he belonged before such appointment.

(Inserted vide G.S.R.No. dated the 24th

March 1988)

11. Special provision for pension in respect of the Lokayukta who has held any pensionable civil

post under Government.— The Lokayukta, who immediately before his appointment as such, was in

the service or Government, shall at his option, to be exercised within a period of six months from the

date of his appointment, or the publication of those rules, be entitled to draw his service pension and

other retirement benefits occurring there from, if he had not been appointed Lokayukta:

Provided that every such person shall count his service as Lokayukta for pension and retirement

benefits under the rules applicable to the service to which he belongs immediately before such

appointment.

12. (1) The basic pension to which a Lokayukta who has not held any other pensionable civil post under

Government, or, having held any other pensionable civil post under Government has not

exercised his option under rule II to draw his pension and other retirement benefits under the

ordinary rule of his parent service, shall be--

(a) for the first three completed years of service for pension Rs. 5,000 per annum. and

(b) for each subsequent completed years of service for a pension, a further sum of Rs. 1,000

per annum.

(2) For each completed year of service for pension, the Lokayukta who is eligible for a basic

pension under this part, shall be entitled to an additional pension of Rs. 740 per annum.

13. Power of Governor to add to the service for pension.—The Governor may for special resigns that any

period not exceeding three months, shall be added to the service for pension of a Lokayuka:

Provided that the period so added shall be disregarded in calculating any additional pension .

14. Where a Lokayukta, who has exercised his option to receive service pension, dies, whether before or

after retirement, a family pension shall be payable to the person or persons entitled thereto under the

ordinary rules of his parents service, if he had not been appointed Lokayukta, his service, as

Lokayukta being treated as service therein for the purpose of calculating that family pension.

15. The pension payable under rule 11 shall not be commuted, but the pension under rule 12 may be

commuted.

16. Authority competent to grant pension.--The authority competent to grant a pension to the

Lokayukta shall be the Governor.

PART V

MISCELLANEOUS

17. Facilities for medical treatment and other condition of service.--The Lokayukta and the members of

his family shall be entitled to the facilities for medical treatment and for accommodation in hospital,

as admissible to a member of the Indian Administrative Service holding the rank of Secretary to

Government under the All India Service (Medical Attendance) rules, 1954.

17-A. Allowance admissible to Lokayukta.—With effect from 1st December 1978, there shall be

paid to the Lokayukta in respect of time spent on actual service dearness allowance and

additional dearness allowance at the rates admissible to the Chief Justice of the Patna High

Court.

(Inserted vide OM/L2-011/82/284-0/dated Patna 27th

August 1982)

17.B All other allowances and interim relief payable to, and all other conditions of service of

Lokayukta for which there is no specific provision in these rules on any other rules, shall be the

same as sanctioned by the Governor from time to time under this provision.

(Insert vide G.S.R. No- 10,dated the 24th

August 1988)

18. Provident Fund.—The Lokayukta shall be entitled to subscribe to the General Provident fund, in

accordance with the rules regulating that fund:

Provided that a Lokayukta, who immediately before appointment as such, has held any

pensionable civil post under the Government of India or a State Government, shall continue to

subscribe to the Provident Fund to which he was subscribing before his appointment as Lokayukta.

19. House building advance and motor car advance.—The grant of a house building advance and

advance for purchase of motor car to the Loakyukta shall be regulated by the appropriate rules in

force, applicable to the Government servants drawing comparable emoluments.

PART VI

20. Composition of establishment.—There shall be a separate establishment of the Lokayukta, with

separate budget allotments, in which there shall be a Secretary to Lokayukta, and such other gazetted

and non – gazetted staff as the Governor may, from time to time determine in consultation with the

Lokayukat.

21. Secretary to Lokayukta.—

(1) The Secretary to Lokayukta shall be appointed by Lokayukta.

(2) The Secretary shall be drawn from the Indian Administrative Service permanently allotted to the

State Cadre, drawing pay in the senior scale or the super time scale of the service, or the State

Superior judicial Service, and shall receive the pay which he would have drawn but for his

appointment as Secretary.

(3) The Secretary shall hold office for a period as may be decided by the Government in consultation

with he Lokayukta and may be recalled earlier if need be, after consultation with the

Lokayukata.

22. Other condition of service of the Secretary.—In respect of all other matters the conditions of service

of the Secretary shall be as are applicable either to a member of the Indian Administrative Service or

the State Superior Judicial Service according as the incumbent with drawn from either to these

services.

23. Other Gazetted office, Ministerial Officers and inferior servants.—The other gazetted officers,

the Ministerial Officers and the class IV staff in the Establishment shall be appointed by the

Lokayukta:

Provided that the Lokayukta may, be general or special order, delegate to the Secretary or any

other officer or the establishment the power to make appointment to a post or a class of posts in class

III or class IV specified in such order.

24. Method of recruitment of the subordinate staff.—

(1) Subject to the provisions of sub-rules (1) and (2) of rule 21, recruitment to a post or a class of

posts in the establishment may be made by any one of following methods, namely:--

(a) by promotion of a person employed in the establishment; or

(b) by permanent transfer or deputation of a person serving outside the establishment in

connection with the affairs of the Union of this state; or

(c) by direct recruitment for ad-hoc purposes.

(2) Subject to the provisions of sub-rule (2) of rule 21, the Lokayukta may by order from time to

time--

(a) specify the method or methods by which a post or a class of posts may be filled;

(b) determine the proportion of vacancies to be filled by each method, and

(c) in case of recruitment by promotion specify the class of officers whom and the conditions

subject to which they shall be eligible for such promotion:

Provided that appointments to the posts in class I, except that of Secretary and class II of the

establishment by promotion or transfer or direct recruitment shall be made only after consultation

with the Bihar Public Service Commission:

Provided further in the case of a temporary or officiating appointment by promotion or

transfer or direct recruitment to a post in classes I and II for a period not exceeding six months

consultation with the Commission shall not be necessary, unless the appointment is likely to

continue for a period exceeding six months;

Provided further that for appointment to a post of Section Officer or Senior Personal Assistant

it shall not be necessary to consult the Commission.

25. Head of Office.—The Secretary shall be the head of the office of the Lokayukta and he shall properly

maintain all the proceedings and records of the office and secrecy relating thereto.

26. powers to utilize the Services of any officers or investigation agency of the State Government.—

(1) The Lokayukta may, for the purpose of conducting investigation under the Act, send requisition

for the service of any officers or investigation agency of the State Government to the Head of

the Department or office concerned and it shall be complied with unless the Governor decided

that the services of the said officer or agency can not be placed under the disposal of the

Lokayukta without detriment to the affairs of the State.

(2) If the Lokayukta consider it necessary or expedient he may consult an expert or any other

agency for examination of a specific case or category of cases.

27. Remuneration, honorarium and special pay.—There shall be paid to the officer or officers, whose

services are utilized under rule 26, such remuneration, honorarium or special pay as the Lokayuktaa

may deem proper and reasonable:

Provided that no order sanctioning such remuneration, honorarium or special pay shall be

issued except after consultation with the Finance Department:

Provided further that sanction of requirement and honorarium up to a limit of Rs. 100 per

individual and total expenditure up to a limit of Rs.1,500 per year on this account will not require

prior consultation with the Finance Department.

28. Probation.—Every, person appointed to a permanent post in any class, other than class, other than

class I, by direct requirement with a view to his eventual substantive appointment to that post shall

be on probation for a period of two years:

Provided that the Lokayukta or Secretary or any other officer to whom powers is delegated

under rule 23 may, by order, extend or reduce the period of probation in the case of any person

appointed to any post specified in such order.

29. Pay.—The scales of pay of the gazetted officers, other than Secretary, the Ministerial Officers and the

class IV staff of the establishment shall be the same as those prescribed for the corresponding

personnel in the State Secretariat and if they are drawn from the State Secretariat, they shall receive

the pay which they would have drawn but for their appointment on the staff of the Lokayukta.

30. Other conditions of service.—In respect of other matters regulating the condition of service of the

members of the establishment shall be governed by such rules, orders or directions as are applicable

to the officers of the corresponding rank in the Bihar Civil Secretariat, subject to such modifications,

variations or exceptions if any in such rules, orders or directions as may, after consultation with the

Finance Department, by order from time to time, be specified.

31. Control and discipline.—All officer and staff in the establishment shall be subject to the

superintendence and control of the Lokayukta.

32. Penalties.—The following penalties may, for good and sufficient reasons, be imposed on any

member of the establishment, namely:-

(1) censure;

(2) withholding of increments or promotion;

(3) reduction to a lower post or time-scale or lower stage in a time-scale;

(4) recovery from pay of the whole or part of any pecuniary loss caused to the Union or State

by negligence or breach of orders;

(5) compulsory retirement;

(6) removal from service in the establishment which shall not disqualify from future

employment under the Government;

(7) dismissal from service in the establishment which shall ordinarily disqualify from future

employment under the Government, and

(8) fine.

Explanation.—

(1) The termination of employment of a member of the establishment during or at the end of the

period of probation does not amount to removal or dismissal within the meaning of this rule.

(2) The stoppage of a member of the establishment at the efficiency bar in the time-scale of his pay

on the ground of his unfitness to cross the bar does not amount to withholding of increment of

promotion within the meaning of this rules.

(3) A refusal to promote a member of the establishment after due consideration of this case , to a

post or grade to which promotions within the meaning of this rule.

(4) The reversion to a lower post of a member of the establishment who is officiating in a higher

post, after a trial in the higher post or for administrative reasons (such as the return of the

permanent incumbent from leave of deputation, availability of a more suitable person, an the

like) does not amount to reduction in rank within the meaning of this rule.

(5) Compulsory retirement of a member of the establishment in accordance with the provisions

relating to his superannuation or retirement does not amount of penalty within the meaning of

this rule.

(6) The withholding of increment for failure to pass departmental examinations does not amount to

withholding of increment within the meaning of this rule.

(7) Punishment of fine may be inflicted only on a member or class IV staff,

Note. (1) Before an order imposing the following penalties can be passed, the procedure laid

down under rule 55 of the Civil Services (Classification, Control and Appeal) rules shall be

followed:-

(i) Dismissal;

(ii) Removal;

(iii) Compulsory retirement, or

(iv) Reduction in rank.

Note.(2) For the procedure to be followed before an order imposing the following penalties

can be passed [See rule 35A of the Civil Services ( Classification, Control and Appeal] Rules:

(i) Censure;

(ii) Withholding of increment or promotion including stoppage at efficiency bar;

(iii) Recovery from pay of the whole or part of any pecuniary loss caused to Government by

negligence or breach of order.

33. Punishing authority.—Subject to the provisions of Article 311 of the Constitution, the Lokayukta

shall have the power to impose any of the penalties specified in rule 32 on any member of the

establishment in respect of whom he is the appointing authority;

Provided that the Lokayukta may subject to the delegation of power that he may make in regard

to appointments under rule 23, delegate to the Secretary or any other officer or the establishment, the

power to impose any of the said penalties on any member of class III or class IV staff of the

establishment.

34. Disciplinary action against an officer on deputation to establishment.—If in the case of an officer

or any other member of the establishment on deputation to it, the Lokayukta or any other officer to

whom power to impose penalty has been delegated under rule 33 is, without prejudice to the

provisions of the foregoing rules of opinion that any of the penalties referred to in rule 32 should be

imposed upon the said officer, all the relevant papers connected with the disciplinary case shall be

sent to the parent Department office. Final orders in the matter shall be passed in the parent

department/office and a copy thereof shall be forwarded to the Lokayukta office.

35. Appeal.—

(1) Every member of the establishment shall have a right to appeal to the Lokayukta against any

order passed originally or on appeal by the Secretary imposing or confirming any penalty

specified in rule 32:

Provided that where an order is passed originally by any officer subordinate to the Secretary

on appeal against such an order shall lie to the Secretary.

(2) The order of the Lokayukta whether passed original or an appeal shall be final:

Provided that the Lokayukta may on his own motion or an application, received rescind any

order passed by him under this rule.

Note.—In regard to construction on appeals or disposal thereof, the provisions of rules 59, 61,63,64

and 65 of the Civil Services (Classification, Control and Appeal) Rules and rule 6,7,8,9,10 and 11 of

the Bihar and Orissa. Subordinate Service Discipline and Appeal Rule, 1935 shall be followed.

BIHAR LOKAYUKTA (INVESTIGATION) RULES,1980

S.O 1055.—In exercise if the powers conferred by section 20 of the Bihar Lokayukta Act, 1973 (Bihar

Act VI of 1974), the Governor of Bihar is pleased to make to following rules—

CHAPTER I

1. Short title.—These rules may be called the Bihar Lokayukta (Investigation) Rules,1980.

2. Definitions.—In these rules unless there is anything repugnant in the context --

(i) 'Act' means the Bihar Lokayukta Act, 1973 (Bihar Act VI of 1974);

(ii) 'Article' means an Article of the Constitution of India;

(iii) 'Complaint' means an allegation or expression of grievance made orally or in writing to the

Lokayukta with a view to his taking action under the Bihar Lokayukta Act;

(iv) 'Form' means the forms prescribed under these rules;

(v) 'Investigation' means any enquiry or proceeding in connection with complaint but does not

include a preliminary enquiry;

(vi) 'Schedule' means the Schedule appended to these rules.

3. Interpretations of words and phrases.—Words and expressions used in these rules but not defined

herein, shall have the same meanings as are respectively assigned to them under the Constitution of

India and the Act.

CHAPTER II

4. Travelling Allowance.—When a person not in the service of the Government is required by the

Lokayukta to appear before him as a witness he shall be paid travelling allowance for journey

calculated under the ordinary rules for the journey of a Government servant on tour and daily

allowance, and for this purpose the Lokayukta may declare by special order the grade to which such

persons shall be considered to belong according to his status in life, or are his decision in this

respect shall be final.

5. Competent authority.—For the purpose of item (ii) of clause (c) of section 2 of the Act, other than in

the case of a Minister or a Secretary--

(i) where appropriate disciplinary action is recommended by the Lokayukta the competent

authority shall be the appointing authority of the public servant; and

(ii) where remedial action or redressal of grievance is recommended by the Lokayukta the

competent authority shall be the head of the department or office in which the public servant

has been working or had worked:

Provided that if the said public servant is on deputation to a foreign service the head on the

establishment in which he has been working or had worked shall be consulted, if the cause of the

grievance or allegation arises out of the administrative action taken by or with the approval of the

Public servant during the period of his deputation to foreign service.

6. Form and contents of complaint.—

(1) Save as otherwise mentioned in these rules, every complaint under this Act shall be made, as far

as possible, in the forms prescribed in Schedule 'A' and shall contain the following particulars:--

(a) Every complaint shall bear the heading title "before the Lokayukta of Bihar."

(b) Name or names of the complainant with their full addresses.

(c) Name or names of persons complained against with full address(es),

(d) If the grievance is made after the expiry of twelve months from the date on which the action,

complained against, became known to the complainant

(2) All complaints made before the Lokayukta shall be duly signed by the complainant or, if he is

illiterate, shall bear his left thumb impression duly attested by a literate person, clearly disclosing

the name and full address of the attesting persons.

(3) Every complaint shall be supported by an affidavit as prescribed in rule 8.

7. Fees.—A fee of Rs. 4.70 (rupees four and paise seventy) shall be paid in judicial stamps for filing a

petition of complaint before Lokayukta:

Provided that the Lokayukta may waive the levy of the fee, should it be deemed proper in any

specific cases.

8. Contents of affidavit.—

(1) Every affidavit shall be drawn up clearly and legibly and, as far as possible in a language

understandable to the person making the affidavit. It shall be drawn in the first person and shall be

divided into paragraphs, if any, which should be numbered consecutively, and each paragraph, as

far as possible be confined to a distinct subject or portion thereof, and it shall be sworn in before

a judicial magistrate or an executive magistrate or before the Secretary to the Lokayukta or any

Gazetted officer duly authorise by the Lokayukta to administer oath,

(2) Every person making an affidavit shall state his full name, or husband's name as the case may be,

surname, age, profession or trade and place of residence and shall give such other particulars as

will make it possible to identity or locate him clearly.

(3) The Affidavit shall be signed by or bear the thumb impression of the complainant duly attested by

a literate person, disclosing his father's name and full address.

(4) (a) Every complaint and affidavit shall be legibly typed or written on foolscap paper, only one

side, leaving one-fourth of each page as a margin and be entitled as prescribed in rule 6(a).

(b) Every affidavit shall conclude as follows:-

hereby swear in the name of God

"I do……………………………………………………………….that this

solemnly affirm

signature

is my name and and that the

thumb impression

contents of this affidavit are true, I further swear that what is stated in the paragraph (give

number) is true to my information and is believed by me to be true".

9. True copy of the document.—

(1) If the complaint wants to rely upon a document of documents, the complaint should alongwith

this complaint submit under his signature or thumb mark duly attested, a true copy of the

document or documents on which he wants to rely.

(2) All such documents filed should be accompanied by a list in the form prescribed in Schedule B

attached to these rules.

10. Documents dispensed with.—Nothing in these rules shall apply to a complaint or communication

falling under sub-section (3) of section 9 of the Act or section 7 which rovides for suo, motu

cognizance of grievance or allegations:

Provided that the Lokayukta may, in such cases call for a formal complaint and/or an affidavit in

the form prescribed in Schedule 'J'.

11. Registering of complaint.—(1) After the complaint is received in the office of the Lokayukta, it shall

be scrutinised by the Secretary to the Lokayukta or under his authority any officer of the Lokayukta's

establishment; and if, after the scrutiny, the Secretary or the Officer so authorised by him is satisfied

that the complaint is proper, he may direct the complaint to be registered in a register to be maintained

for the purpose.

12. Effect of non-compliance.—If the necessary requirements are not complied with within one month

from the date of receipt of information to rectify the defects, the complaint may be put up before the

Lokayukta and the Lokayukta may summarily reject such complaint or pass such order as he may

deem fit in the circumstances of the case.

13. Acknowledgement of complaint.—After the complaint is registered, the Secretary or any other

officer empowered on his behalf by the Secretary shall send to the complaint an acknowledgement of

the complaint in the form prescribed in schedule 'C' informing him that his complaint is registered and

giving him the number of his complaint.

14. Procedure to be adopted at the investigation.—

(1) If the Lokayukta decideds to conduct any investigation under this Act, the procedure as provided

under section 10 of the Act shall be followed and a notice in the form prescribed in Schedule 'B'

shall be sent to the public servant complained against along with a copy of the complaint, if it has

not already been sent to him; or; if the inquiry or investigation is being conducted by the

Lokayukta on his own motion or on inquiry report received after a preliminary inquiry with a

statement setting out grounds for conducting inquiry or investigation on his own motion, and

notice shall require the public servant concerned to send his reply and to offer his comments

within the time specified therein such extended time, if any, as may be granted.

(2) Notice under rule (1) shall be served upon such public servant(s) concerned by—

(i) registered post with acknowledgement due; or

(ii) personal delivery after obtaining a receipt from him; or

(iii) through the officer to whom the public servant is subordinate in service ;or

(iv) through the competent authority.

15. Manner of reply.—

(1) Such public servant shall send his reply and offer his comments within the time specified or

granted. The reply shall be accompanied by an affidavit and also by a copy or copies of the

documents, if any, on which the public servant desires to rely for his defence.

(2) If such public servant fails to appear personally to file his reply and offer his comments or fails to

file his reply and to offer his comments within the time specified or granted, the complaint may be

heard and decided in his absence.

16. Power to condone delay.—The Lokayukta may for valid reasons to be recorded in writing

concerned to file is reply and to offer his comments after the time specified or granted.

17. Complaints filed prior to these rules.—Complaint prior to enforcement of these rules shall be

deemed to have been filed under these rules, if they are subsequently supported by affidavit, and

substantively complied with the provisions of rule 6,

18. Secretary to department to give notice.—The Secretary of department or Head of office shall be

the authority to give notice in writing to the Lokayukta under sub-section (3) of section 14 of the Act.

19. Application of the Criminal procedure Code.—The procedure prescribed in sub-section (1) of

section 340 of the Criminal Procedure Code, 1973 (Act 2 of 1974) shall be followed in respect of

offences referred to in clause (b) of sub-section (1) of section 195 of the said Code and complaint

made under section 340 of the said Code shall be signed by such officer of the Lokayukta as he may

appoint for the purpose.

CHAPTER III

20. Authentication of order passed by the Lokayukta.—Any order passed by the Lokayukta under the

provisions of these rules and executed in the name of the Lokayukta shall be authenticated in such

manner as the Lokayukta may, by general or special order, from time to time, specify.

21. Transaction of business.—The Lokayukta may from time to time by general or special order provide

for the convenient and efficient transaction of business arising out of the administration of these rules

and the procedure to be followed for the purpose:

Provided that such order may also specify a matter or a class of matters which shall be brought

to the personal notice of the Lokayukta before any orders are issued.

22. Residuary powers.—All matters not specially provided for in these rules whether incidental or

ancillary to the provisions of these rule or otherwise, shall be regulated in accordance with such

orders as the Lokayukta may from time to time make.

23. Powers to regulate proceedings and investigation.—The Lokayukta shall have the powers, subject

to the provisions of the Act, to regulate the conduct of proceedings, investigations and enquiries in

all matters not provided for in these rules.

24. Procedure to be adopted at the investigation.—When The Lokayukta conducts an investigation

under the Act he shall after a copy of the complaint or the statement of the grounds of the

investigations has been served on the public servant concerned, afford reasonable opportunity to him

or his authorized representative to inspect or copy the affidavit of the complaint, affidavit or

statement.

Explanation.—"Copy" includes preparation of a copy in manuscript or typewriting machine.

25. Direction by the Lokayukta.—The Lokayukta may, by order not inconsistent with these rules,

provides for matters for which no provisions have been made or insufficient provisions have been

made in these rules and may give such directions as may be necessary for giving effect to the

provisions of the Act, the rules and such orders.

26. Notice of hearing.—

(1) During the course of conducting the investigation, the Lokayukta may serve, on both the parties,

a notice, prescribed in the form in Schedule 'E' to appear before him for a hearing with or

without witnesses or for any other purpose.

(2) Such notices may be sent through the Block Development Officer of the area a in which the

complainant or the public servant complained against resides; or through the police-station, or

through the District Magistrate of the direct concerned , or through the Head of the Department

in which the public servant is serving, or through registered post with acknowledgement due,

or in any manner which the Lokayukta may think fit.

27. Administering oath and recording of evidence.—

(1) The Lokayukta or any officer duly empowered by the Lokayukta, may administer oath to very

person examined by him during investigation.

(2) The Lokayukta may record, in English or Hindi the substance of the evidence given by each

person examined by him.

28. Interpreters.—

(1) The Lokayukta may in special cases, appoint an interpreter(s), who will be paid at such rate as

fixed by the State Government from time to time.

(2) The interpreter shall take oath in the following form:-

swear in the name of God

"I do…………………………………….that I will tell and truly interpret

affirm solemnly

explain all question spurt to and evidence given by witness and translate correctly and accurately all

documents given to me for translation."

29. Summons to witness and manner of service.—Save as otherwise provided, or in the absence of any

other specified order in this behalf, summons to witnesses may be issued in the form prescribed in

Schedule 'E' and may be service through police-station or the Block or Anchal Office within whose

jurisdiction the witness resides.

CHAPTER IV

30. Furnishing of Information and Production of Documents.—(1) Where the Lokayukta requires any

public servant or any other person to furnish information or to produce documents under section 11(I) of

the Act, the secretary or any officer authorized by the Secretary shall issue a notice in the form prescribed

in Schedule 'G' to the officer or authority in whose custody the file or document is stated to be or in whose

custody that file would ordinarily be.

(2) If the file is not produced or sent within the period prescribed by Government or the officer or

authority concerned, the secretary shall write to the Head of the Department concerned and should wait

for 15 days thereafter.

(3) If the file is not received within 15 days after the Secretary's letter referred to under rule(2)

above, the complaint shall be put up before the Lokayukta.

31. Consequences of refusal of a party to produce documents.—Where any party to an

investigation before the Lokayukta refuses, without any lawful excuse, to produce a document or

documents in his custody or power, the Lokayukta may decide the matter against him in ht

absence of these document and may also strike out complaint or defence, as the case may be, or

may make such other order as he thinks fit.

CHAPTER IV

32. Time-limit for certificate under section 11 of the Act.—

(1) The certificate as required under-section 11(5) of this Act, shall be issued by the Secretary as

defined in section 2(k) of the Bihar Lokayukta Act, 1973 within a period of 30 days from the

date on which information is required to be furnished, the question is required to be answered or

the document is required to be produced:

Provided that this period may be extended by the Lokayukta for such period as he thinks fit.

(2) If the certificate is not issued during this period, it will be deemed that for the purpose of the

investigation no such objection exists.

33. The Information to be given to the complainant, to the public servant concerned and to the competent

authority concerned as per clause as per clause (5) of section 12 of the act shall, subject to the

specific written order of the Lokayukta, be given in the form prescribed in Schedule 'H'

34. Information under section12 of the act.—The information to be given to the complainant

regarding special report under section 12(5) of the Act shall, subject to the specific written order

given by the Lokayukta in that behalf, be given in the form prescribed in Schedule 'I'

35. Rehearing of a complaint.—If a case is closed for default of complainant or if it is ordered to be

filed, or is decided ex-parte against the public servant, the Lokayukta may, if sufficient cause is

shown to him, reopen the case and may rehear it on merit.

36. Certified copy.—

(1) No person shall be entitled to a certified copy of any record of the proceedings before the

Lokayukta:

Provided the Lokayukta may, subject to the provisions of section 10(2) and 14(1) of the

Act, permit certified copy of the final order or of such part thereof as he may deem fit.

(2) The Section of the Office of the Lokayukta may authenticate such copies for issue, if the

Lokayukta orders for supply of such a certify copy or copies.

(3) The party concerned will have to deposit necessary cost for the supply of such certified copy as

may be fixed by the State Government.

37. Notice of refusal to investigate or non-continuance of investigation.—When the Lokayukta

refuses to investigate or ceases to investigate a complaint under section 10(4) of the Act, a notice

prescribed in the form in Schedule 'F' may be issued to the complainant.

38. Repeal and savings.—

(1) Bihar Lokayukta (Investigation) Rules, 1974 are hereby repealed.

(2) Notwithstanding such repeal any action taken under the said Rules, shall be deemed to have been

done or taken in exercise of powers conferred by these rules as if these rules were in force when

the action was taken.

G.S.R.58.—In exercise pf the powers conferred by section 20 of the Bihar Lokayukta Act, 1973 (Bihar Act

VI of 1974) and in super session of notice no. G.S.R. 170, dated the 11th

December 1973 of the department

of Personnel Organization and Method section), the Governor of Bihar is pleased to make the following

rules:-

THE BIHAR LOKAYUKTA T.A. RULES.1974

(Amended up to date)

1. These rules may be called the Bihar Lokayukta Travelling Allowance Rules, 1974.

2. In these rules, unless the context otherwise requires—

(a) "headquarters" means the principal seat of the State Government;

(b) "travelling allowance" means an allowance granted to cover the expenses incurred in

travelling in the interest of public servant;

(c) "family of Lokayukta" means the wife of the Lokayukta, his children and step-children

actually residing with, and wholly dependent upon him;

(d) "mileage allowance" means allowance given to meet the cost of a particular journey and is

calculate on the distance traveled;

(e) "Holiday" means—

(i) a holiday prescribed or notified by or under section 25 of the Negotiable Instruments

Act, 1881; and

(ii) a day on which any particular office is ordered by notification of Government in

the official gazettee, to be closed for the transaction of official business without any

reservation or qualification; and

(f) "Government" means the State Government of Bihar;

(g) "Full Wagon" means—

(i) between places connected of rail—

(a) by goods train—any quantity up to the maximum carrying capacity of wagon, and

"wagon" means a four-wheeler wagon only; and

(b) by passenger train or by road the mileage allowance will be limited to the amount

chargeable for 6,000 kilograms by goods train, and

(ii) between places not connected by rail—6,000 kilograms"

3.1.

(i) When Lokayukta performs a journey on duty he is entitled—

(a) When travelling by railway to a reserved two-berth compartment of the highest class

including Air-conditioned; and if one such compartment is not available, then to a reserved

four-berth compartment of the highest class (but excluding Air-conditioned) and to take his

wife along with him without payment of the fare, if such a compartment is available; and to

the fare at the lowest class rates actually paid for servants not exceeding two in number."

(b) When traveling by a steamer service, to one reserved first class cabin, if available, or to fare

actually paid for himself, and the fare at lowest class rates actually paid to the steamer service

for servants not exceeding two in number subject to usual deductions on accounts of messing

charges;

(c) When travelling by a public air transport service to the fare paid for himself and if actually

paid, the cost of transporting up to 75 kilograms of luggage by rail at passenger rates or

steamer and the railway or steamer fares of the lowest class for servants not exceeding two in

number, and the "expenditure actually incurred up to a maximum of 32 paise per kilometer"

the words "expenditure actually incurred up to half of the maximum of rate per kilometers

admissible to the Lokayukta, shall be substituted.

(d) "When travelling by road in his own car, the rate of T.A. kilometer will be the same as is

admissible under Bihar T.A. Rules to an officer of Indian Administrative service holding rank

of Secretary to Government".

Provided that—

(i) no such allowance shall be payable in respect of that portion of a journey by road for which

a public air transport service provides its own transport and the fare for which journey is

included in the air fare paid under clause (c) for the air journey;

(ii) no mileage allowance shall be admissible for journey undertaken within a journey of eight

kilometers from the residence of the Lokayukta or for a journey between such residence or

temporary residence and the place of sitting of the Lokayukta ;

(iii) Where daily allowance is admissible and is claimed for any day, no mileage allowance shall

be admissible in addition in respect of any journey undertaken by road within a radius of

eight kilometers from the temporary residence of the Lokayukta at the place of halt;

(iv) no such allowance shall be payable in cases where the Lokayukta uses transport provided at

Government expense;

"but where the Lokayukta performs a journey or part of a journey by staff car or station

wagon for which travelling allowance is admissible, he will be reimbursed as road allowance

whatever he has paid by way of hire charge of such Government vehicle.

If in any case or emergency the Lokayukta releases the staff car or the station wagon at a

place beyond 8 kilometers of the garage, he may be allowed reimbursement of any amount paid as

staff car charge".

(v) "Provided that where the Lokayukta performs a journey or part of a journey by taxi in

localities like Bombay, Calcutta, Delhi or in any other locality declared for this purpose by

the Governor, in the course of his normal duties the actual expense incurred by him on the

hire charge of such public conveyance shall be reimbursed to him as road allowance".

(e) to an allowance for incidental charges limited to the actual expenses incurred by the

Lokayukta not exceeding one-half of first class railway fare in the case of rail; journey:

(f) When travelling by air, to an allowance for incidental charges at one-fifth of the standard

air fare subject to a maximum allowance of Rs. 20 for each journey by air;

(g) the daily allowance so admissible shall be regulated as follows:

(i) full daily allowance for each completed day, that is reckoned from midnight to

midnight;

(ii) for absence from headquarters for less than twenty four hours, the daily allowance

shall be at the following rates, namely:-

(a) if the absence from headquarters does not exceed six hours 30 per cent of full

daily allowance ;

(b) if the absence from headquarters does not exceed six hours but it does not

exceed twelve hours, 50 per cent of the full daily allowance ;

(c) if the absence from headquarters exceeds twelve hours, full daily allowance;

(iii) if the date of departure from and return to headquarters fall on different

dates the period of absence from headquarters shall be reckoned as two

days and daily allowance shall be calculated for each days in clause (i) :

Provided that—

(ii) When the Lokayukta is required to perform functions outside his normal duties in localities away

from his headquarters, he may subject to such conditions as the Governor may, in each case,

determine, be granted daily allowance not exceeding Rs. 100 in respect or ordinary localities and

daily allowance not exceeding Rs. 100 and transport charges not exceeding Rs. 20 per day in

respect of specially expensive localities like Bombay, Calcutta, Delhi or any

other locality so declared hereafter by the Governor, and shall also be entitled to Government

accommodation at the rate fixed for Government servants :

(iii) When the Lokayukta is required to perform his normal duties away from his headquarters and in

specially expensive localities like Bombay, Calcutta, Delhi or in any other locality so declared

hereafter by the Governor, he may be granted a daily allowance of Rs. 100.

(iv) When the Lokayukta is a State Guest, or is allowed free board and lodging at the expense of the

Central or the State Government or an autonomous industrial or commercial undertaking or

corporation or a statutory body or a local authority in which Government funds have been

invested or in which Government have any other interest the daily allowance shall be restricted

to 25 percent of the amount admissible or sanctioned; and if only boarding or lodging is allowed

free, the Lokayukta may draw daily allowance at one – half of the admissible rate. The Lokayukta

may also draw allowance at one half of the admissible rate if he stays in Circuit houses,

Inspection bungalows or the like without having to pay any charges for accommodation ;

(v) to the expenditure, if any, actually incurred on the transport by passenger train or steamer at

owner's risk of motor car, and the fare at the lowest class rate actually paid to a railway or

steamer service in respect of one driver or cleaner for the car.

(2) If any person (other than wife and servants) accompanies the Lokayukta in a compartment or cabin

reserved for him under sub- rule (1), fares shall be payable by him on his account, and the fares so

paid shall, if full tariff rates have been paid by Government for the reserved accommodation, be

credited to the Government.

(3) For the purposes of this rule--

(i) all journeys to and from headquarters shall be deemed to commence and terminate at the

Lokayukta's residence at headquarters or as the case may be, at an out station ;

(ii) The Lokayukta shall be deemed to be travelling on duty when, during leave or leave combined

with holidays, he proceeds from any place in India where he was spending the leave or holidays

to any place or places in India for the purpose of performing duty and returns to such place or to

his headquarters after completion of his duty;

Provided that in case of return to headquarters after performing duly the travelling allowance in

relation to that journey shall be restricted to what the Lokayukta would have drawn had be

returned to the place from where he had proceeded;

(iii) "Actual expenses" means the ordinary and normal expenses incidental to the journey and includes

any charge for a ferry payment of tolls and amount spent on transport of camp equipment, but

does not include such after charges as hotel charges, rent for occupying a traveller's bungalow

cost of refreshments , charges for carriage of stores or conveyance or presents to coachmen or

tips to bearers, or any other allowance for such incidental losses or expenses as the breakage of

crockery, wear and tear of furniture and the employment of additional servants.

(4) When a person is appointed to be the Lokayukta, he may, when travelling by railway to join his

post, travel in a reserved compartment of the highest class, excluding air-conditioned, subject to

the condition that he must pay to Government the fare which he would have paid of no

accommodation had been reserved, and must in addition pay, in cash to the Station Masters of the

station from which the journey commences the fares for any members of this family

accompanying him whether they share his reserved accommodation or not. When Government

pays full tariff rates for the accommodation, all such tares shall be credited to the Government

Explanation.—For purpose of the rule and rules 5 and 9 a reserved compartment means a two-

berthed compartment or a four-berthed compartment, if two-berthed compartment is not available in

the train by which the Lokayukta travels.

(5) When the Lokayukta--

(a) proceeds on, or returns from , leave, or

(b) Proceeds to join another post after resigning office, he may, when travelling , travel in

reserved compartment of the highest class, excluding air-conditioned and subject to the

conditions prescribed in rule 4.

(6) The Lokayukta of any member of his family who undertakes a journey to obtain appropriate

medical attendance and treatment shall be entitled to draw the same travelling allowance as is

admissible for such journey to a member of the All-India Service holding the rank of Secretary to

Government.

(7) Notwithstanding anything contained in Rules 5 a person appointed as Lokayukta of the State out

side his home State, shall be entitled to travel concession for himself, his wife and dependent

members of his family for visiting his permanent residence in his home State during his leave,

once in a block of two years, in the highest class air-conditioned compartment. "Notwithstanding

anything contained in Rule 5, the Lokayukta shall be entitled to travel concession for himself, his

wife and depended members of his family for visiting any place in India during his leave, once in

a block of two years, in the highest class air-conditioned compartment."

Explanation 1.—For the purpose of this rule "leave" shall include holidays.

Explanation 2.—For the purposes of this rule, rule 8 and rule 9 permanent residence State in the home

"State" means—

(i) In the case of a person who has hold an office under the central or any State Government such

place as may have been declared by the Lokayukta as the place at which his permanent

residence is located; and

(ii) In any other case, the place which has been declared by the Lokayukta as the place at which

his permanent residence is located, or where no such declaration has been made, such place as

the Lokayukta may, within one year from the commencement of these rules, or from the day

of his appointment, whichever is later, declare to be place at which his permanent residence is

located and the declaration so made shall note be changed unless the Governor having regard

to the exceptional circumstance of the case permits such change:

Provided that not more than one such change shall be permitted by Governor during the

period of service of the Lokayukta.

(iii) "Year" means the calendar year:

Provided that in the event of the return journey falling in the succeeding calendar year, such

journey shall be deemed to have been performance in the year in which the outward journey had

commenced.

4. (1) In the case of Lokayukta who dies while in service, the member of his family shall be entitled to

the following expenses for travel by the shortest rout, from the headquarters of the Lokayukta at

the time of his death, to his permanent residence in his home State, provided that such journey is

completed within six months from the date of death of the Lokayukta—

(a) for journeys by rail or steamer or both—

(i) actual first class fare, for every members of the family;

(ii) actual cost of transportation of personal effects upto a full wagon.

(b) for journey by road—

(i) an allowance per kilometer for one member of the family, one additional travel

allowance per kilometer if two other members of the family travel, and two additional

travel allowance per kilometer if two other members of the family travel, and two

additional travel allowance per kilometer if more than three members of the family

travel, shall be admissible at the rate which was admissible to the Lokayukta on his last

working day for travelling in his own car;

(ii) actual cost of transportation of personal effects limited to the expenditure which would

be incurred in loading and unloading such personal effects.

(2) The expenses specified in sub-rule (1) shall also be admissible for travel by a member of the

family of the deceased Lokayukta from the headquarters of the Lokayukta at the time of his

death to a place other than his permanent residence in his home State or from such other place,

as the members happen to be as the time of his death to a place other than the Lokayukta's

permanent residence in his home State, provided that the journey is completed within six months

from the date of death of the Lokayukta and the total expenses claimed for journey do not

exceed the amount which would have been admissible had such member travelled from ;the

headquarters of the Lokayukta of his permanent residence in his home State.

(3) Nothing in the rule shall apply in the case of a Lokayukta who dies while on leave preparatory to

retirement.

5. When the Lokayukta retires from service, he had the members of his family, shall be entitled to the

following expenses for travel and for the transportation of personnel effects from the place in which he

was on duty prior to his retirement to the permanent residence in his home State declared for the

purposed of rule 7. the amount reimbursable to him on account of the expenditure actually incurred by

him on his journey and the journey of the member of his family and for the transportation of personnel

effects shall be that which would have been admissible to him had he actually proceeded to his

permanent residence in his home State or the place other that the permanent residence in his home

state where he wishes to settle, whichever, is less. The precise entitlement as aforesaid under these

rules shall be as follows, namely:-

(a) When travelling by rail or by steamer--

(i) the Lokayukta himself may travel reserved compartment or cabin of the highest class,

excluding air-conditioned, The members of the family of the Lokayukta may also travel in

such reserved compartment or cabin with the Lokayukta;

(ii) the member of his family not travelling in the reserved compartment or cabin may travel in

the highest class of accommodation excluding air-conditioned;

(b) When travelling by road--

(i) as in admissible in clause (d) of sub-rule (1) of rule 2;

(ii) for members his family going with him or after his or before him, per member per kilometer

allowance if two other member travel, an additional allowance per kilometer and if more than

three members travel, two additional allowance per kilometer will be admissible at the rate

admissible to the Lokayukta for travelling in his own car:

Provided that when any portion of the journey can be performed by rail the allowance claimed in

respect of the portion shall not exceed the amount admissible had the Lokayukta and the members of his

family travelling such portion by rail by highest class, excluding air-conditioned;

(c) The Lokayukta and every member of his family shall be entitled to a daily allowance in respect of

the journeys by the modes referred to in clauses (a) and (b), at the same rates as are admissible to the

Lokayukta when he travels on duty and the provisions of clause (g) of sub-rule (1) of rule 3 shall, as far as

may be, apply;

(d) for transportation of one motor car by passenger train or steamer at owner's risk; and

(e) for transportation of other personal effects, not exceeding the expenditure which would be

uncured in the transport of a full wagon and the expenditure incurred in loading and uploading such

personal effects:

Provided that the above entitlement will lapse if the journey is not completed by the Lokayukta within

six months from the date of his retirement Members of his family may follow him within six months or

precede his by hot more than one month, The period of six month, as the case may be, shall count from the

date of retirement of the Lokayukta:

Provided further that the amount of traveling allowance admissible to the Lokayukta under the above

rules shall be reduced by the amount claimed by the Lokayukta as travel concession under rule 7 if the

amount claimed by the Lokayukta as travel concession relates to the journeys performed by him and the

members of his family during one year proceeding the date of retirement of the Lokayukta.

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