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[Cites 0, Cited by 1] [Section 23] [Entire Act]

State of Bihar - Subsection

Section 23(2) in The Bihar Lokayukta Act, 1973

(2)Notwithstanding such repeal anything done or any action taken in exercise of the powers conferred by or under the said Ordinance, shall be deemed to have been done or taken in the exercise of powers conferred by or under this Act as if this Act were in force on the day on which such thing was done or action taken.The First Schedule[See Section 3(2)]I,...................................having been appointed Lokayakta do swear in the name of the God/solemnly affirms that I will bear true faith and allegiance to the Constitution of India as by law established and I will duly and faith fully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour, affection or ill-will.The Second Schedule[See Section 5(3)]There shall be paid to the Lokayukta in respect of time spent on actual service, salary at the rate of [Rs, 9,000 (Rupees nine thousand)] [Vide Bihar Act 13 of 1988 No. Leg. 380, dated 12th August, 1988.] per mensem:Provided that if the Lokayukta at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Government, his salary in respect of service as the Lokayakuta shall be reduced:-
(a)by the amount of that pension; and
(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
(c)if he has before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.
The Third Schedule[See Section 8(1)]
(a)Action taken under the Extradition Act, 1962 (Act No. 34 of 1962) or the Foreigners Act, 1946 (Act No. 31 of 1946).
(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.
(c)Action taken in the exercise of powers in relation to determining whether a matter shall go to a court or not.
(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.
(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.] [Amended vide Bihar Act 13 of 1988 No. Leg. 380, dated 12th August, 1988.]
(f)Grant of honours and awards.