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Section 18: Constitution of benches of Lokayukta

The Bihar Lokayukta Act, 2011State Act of Bihar · Act 22 of 2011

(1) Subject to the provisions of this Act-

(a) The jurisdiction, powers and authority of the Lokayukta may be exercised by Benches thereof, 26 �बहार गजट (असाधारण), 22 'दस) बर 2011

(b) a Bench shall be constituted by the Chairperson with one or more Members as the Chairperson may deem fit,

(c) every Bench shall ordinarily consist of at least one Judicial Member,

(d) Where a Bench consists of Chairperson, such bench shall be presided over by the Chairperson,

(e) Where a Bench consists of a Judicial and a non Judicial Member not being the Chairperson, such Bench shall be presided over by the Judicial Member,

(f) The Benches of the Lokayukta shall ordinarily sit at Patna and at such other places as the Lokayukta may, by regulation specify.

(2) The Lokayukta shall notify the areas in relation to which each Bench of Lokayukta may exercise jurisdiction,

(3) Notwithstanding anything in sub section (2), the Chairperson shall have the power to constitute and reconstitute the benches from time to time.

(4) If at any stage of the hearing of a case or a matter, it appears to the Chairperson or a Member, that the case or matter is of such nature that it ought to be heard by a full bench, the case or the matter may be transferred by the Chairperson , or as the case may be, referred to him for transfer, to full bench as the Chairperson may deem fit.

(5) Chairperson may for the purpose of securing that any case or cases which, having regard to the nature of questions involving, requires or require, in his opinion to be decided by a Bench comprised of more than two members under rules framed by the State Government in this regard issue such a general or special order as he may deem fit.

(6) Not withstanding anything contained in the foregoing provisions of this section, it shall be competent for the chairperson or any other Member authorised by the chairperson in this behalf to function as a Bench consisting of a single Member and exercise the jurisdiction, power and authority of the Lokayukta in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairperson may by general or special order specify.

Provided that if at any stage of the hearing of any such case or matter it appears to the Chairperson or such Member that the case or matter is of such a nature than it ought to be heard by a Bench consisting of two members the case or matter may be transferred by the Chairperson or, as the case may be, referred to him for transfer to, such Bench as the chairperson may deem fit.

Where this provision sits

ActThe Bihar Lokayukta Act, 2011
Section18
Marginal noteConstitution of benches of Lokayukta
JurisdictionState of Bihar
StatusIn force as published by the source

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