The Manipur Rural Local Bodies Ombudsman Act, 2013

MANIPUR GAZETTE No. 2 EXTRAORDINARY PUBLISHED BY AUTHORITY Imphal, Monday, April 1, 2013 (Chaitra 11, 1935) GOVERNMENT OF MANIPUR SECRETARIAT : LAW & LEGISLATIVE AFFAIRS DEPARTMENT NOTIFICATION Imphal, the 26th March, 2013 No. 2/19/2013-Leg/L : The following Act of the Legislature, Manipur which received assent of the Governor of Manipur on 26th March, 2013 is hereby published in the Official Gazette: THE MANIPUR RURAL LOCAL BODIES OMBUDSMAN ACT, 2013 (MANIPUR ACT NO. 4 OF 2013) AN ACT eo estabHsh a .Local ? ? ror Ure purpose or i'nves6ga:tfng c::hiiuyes of c:on-updon or ?Infs:t:radon In rura/ loc:al Goverrunent f? .In Ure Stam or? Be it enacted In the Sixty-fourth Year of the Republic of' India by the Legislature of Manipor as follaws:- 1. Short:. tfl::kt.. e:xt,ent: and c:onunenc:enMtft'L - (1.) This Act: may be called the .Manipur Rural. Local Bodies Ombudsman ? 2013. (2.) :rt: extends to alt rural areas ex the State of' Manipur - (3) It: shall come into force on such date as the State Gclvemment may,. by notification in the Official Gazette,. appoint.. 2.. DeftnitiOns.- In this ? unless there is anything repugnant in the subject or context : (a) 'a- •ion" means action ·taken ? way of dedsk)n, recommendation, resolution or finding or in execution thereof' or in· exercise of admin.isb ative or ·Jegail functions In any other manner and includes wilful default in taking action or omission and aH ot:her expressions connoting such action shall be construed accordingly; (b) ? allegation',. - (i) in relation to a pubuc servant means, any affirmation t:hat such public servant, - [ 2 ) as such for any gain or any ,other person or to hardship to any other (a) (b) (c) has at>used his pos::it:ion favour to hlrnseff' or to cause undue harm or person; was actuated in the discharge of' his such public servant:: by' personal improper or corrupt mcrt;jv,eS; _ is guilty of ?.. favourltiSm, ladk of' integrtt.Y; f'unctions as interest: or or (d) is guilty of any action as public servant vwhk:h f'acl"Ji.t:ates or c:auses to make any losS, wast:e or rnisappplicat:ion of money or other property d the Panchayat:sJDist:rict Coundts; (ii) in relatlon t:o Panc:hayat;/Disbiet: Oouno't means.. any affinnat:ion that such Panehayat:/DiStrlct Council has clelautted or acted in excess d tts piowers in the discharge of tt:s f'unctionS imposed on it: by law or in implementing the lawful orders and direct:jons of' the State Government; (c) 'c:::IOlll'Dplaint"' means a st;at:ernent c,1.allegation that a public servant or a Panc:hayat'/Oist:riet: Council is gufft.y or c::orruption or maladrninist:ratk>n and lndudes any reference to an allegation in respect; of which suo moto enqulry has been pn::,posed or ? for enquiry has been made by •st.at:e Governrnent; (d) ? C'.ICM"T'U.pt:ion' includes anything punishable under Chapt:er X of the Indian Penal Code (Certb al Act 45 cl 1860) or under the PreVentiOn of' Corruption Ad:.. 1968 (Cent:ral Act 49 d 1988);• (e) 'Dlsta ic::t: Counc:lr rne&r'lS an Aut:onOmOUS District council established under the Manipur (Hffl Areas) District Councils .Act, 1971 as amended from t:i1ne to time; (f) "k>c:::al bad.__... means Pan<:h,ayati Raj :ln$Ut.'Utions and Di.st:nCt · Councils of' the State; (g) "'an,alaclanllrdsll:ratlon"' means action tat<en or purporting to have been taken in the e,cerc;ise d adrninisb atfve fu.nctJon in any case,. - {i) where such actiOn, adrnirdSb at:ive procedure or practice governing such ac::tion is unreasonable, unjust;. oppressive, cftscriminab:>ie'Y or nepot:ic and will result in Ulegtt:imate gain or loss or in deny!ing deserving benefits; or (ii) where t:hiere is wilful negligence or delaY in taking such action, or the adrninist:r atiVe proca:ture or method regulating such .acti<>n vml c::ause undue delay and includ.es the action leading to ·1oss or wasb:!: or misUSe or fund by malf'ea,sance or ?nee; [ 3 ] (I) "panchayat' means a panchayat oonstltuted under the Manipur Panchayati Raj Act, 1994 as amended from time to time and indudes both gram panchayat and zHla parlshad; (j} "'prescribed .. means as prescribed by rules under this Act; (k) 'public servant' means an employee"' or officer under the District COuncil/Panchayat or an efected or a nominated or an ex-officio member of the District Coundl/Panchayat including Its pradhan or adhyaksa and includes an employee or officer on temporary,. permanent,. deputationjt casual, ad-hoc, contract or dally wage basis and also includes an employee or officer .of any office or institution trarisferred to the District Council/Panchayat of any office or institution transferred to or attached mth the District Coundl/Panchayat under the provisions of the Manlpur (Hill Areas) Distnct Coundfs Act, 1971 and the Manipur Panchayati Raj Act, 1994 as amended from time to time and the rules framed thereunder, and under any other law for the time being in force, lndudlng the Mahatma Gandhi National . Rural Employment Guarantee Act, 2005 as amended fron, time to time; (I) 'rural local body" means the gram panchayat and the zma parlshad as established under the Manipt.Jr Pandlayati Raj Act,, 1994 as amended from time to trme and indudes the Autonomous District Council established under the Manipur (HUI Areas) Distrtct Councils .Act,. 1971 as amended from ttme to time; (rn) "5ecl'etary" means the 5eaetary of the Ombudsman referred to In section 6; (n) 'State Governtnent' means the Govemment of Manipur; (o) "'state .. means the State of Manipur. 3. Establishment and appointment: of OrnbudSR18n - (1) There shad! be an authority for Panchayats/District councils constituted for a group of pistricts known as ' Ombudsman• for making investlgatlons and enquiries, in respect of charges on any action invohring COffUption or maladminiStration or irregularities in the discharge of administrative functions by Panchayats/Disb1ct Councils and public servants working under them, ln accordance with the provisions of the Manipur Panchayat.i Raj Act, l:994 and the Manipur (Hilf Areas) District Councils Act, 1971 for the disposal of complaints in accordance with section 17. ( 4 ] (2) The Ombudsman shall be a .single member body appointed by the Governor on the recommendation of a commiittee consfstfng of the c:hief Minister of the State, the Speaker of the State LegiSlative .Assembly and the Leader of the Opposition in the Legislative Assembly. (3) The Ombudsman shall be selected from a panel of retlred .Judges of High Courts. (4) A person appointed to be the Ombudsman shaU, before he enters upon office, make and subscr1be before the Governor or some person appointed in that behalf by htm, an oath or .affirmation according to the form prescribed. 4. Term of office and coodiitions of Service of the Ombudsman - (1) A person appointed as Ombudsman shaH hold office for a term of five years from the date on which he enters upon his office: Provided that, * (a) the Ombudsman may,. :by writing to the Governor., resign from his office; and (b) the person appointed as Ombudsman may be removed from his office In the manner provided In section 5. (2) The person appointed as ombudsman shaH be entitled for salary and aJtowances as prescribed by the State Government. (3) On expiry of his term of office as Ombudsman, he shall not be eligible for reappointment as Ombudsman or for further appointment to any office of profit under the State Govemment or fn any corporation, cornparw, society or university by or under the control of the State, Govemment s. Removal of Ombudsman - ( 1) The Ombudsman shall not be removed from his office, except by an order of the Governor, passed after an address by the State Legislative Assembly, supported by a majority of the total membership of the House, has been presented to the Governor in the same session for such removal, on the ground of proved misbehaviour, or incapacity. (2) The procedure of the presentatkln of an address under sub-section (1) and for the investigation and proof of the miSbehaviour or Incapacity of the Ombudsman shaU be as provided in the J,udges {Inquiry) Act,. 1968 in refation to the removal of a Judge and accordingly the proviSions of that Act shallr mutatis mutandiS,. apply in refatiOn to the removal of the Ombudsman as they apply in relatkln to the removal of a Judge. [ 5 ] 6. Staff of Ombudsinan - (1) The Ombudsman shaH have a Secretary., andsuch other officers and employees as the Staie Government may determine inconsuttauon With the Ombudsman to assist the Ombudsman in the exercise ofits powers and discharge of its functions under this Act. {2) The appointment and conditions d ser..tk::e at- the Secretary and theemployees shall be such as may be :specified by the State Government and asfar as POSSible appointment on deputation from the State Government shall beresorted to. {3) The Ombuc:lsrnan may require the assistance of any off"if<:er at- any StateGovernment Department in order to ascertain the veracity of an ailegatfonunder Jnvestigation and such officer shall be bound to render such assistance Inaddition and without detriment to his offld,al duties. ( 4) The Ombudsman may utillse the services of any person having experienceand expertise in any particular subject in deciding the questions before It. 7. Functions Of the Ombudsman - (1) The Ombudsman shall perform au orany of the fotlowing functions, namety, - (a) investigate into any allegation contained in a complaint or on areference from State Government, or that has come to the notice of the Ombudsman; {b) enquire into any complaint in \!\lhid1 corruption ormafadmlniistraoon of a public servant is alleged; (c) pass an order on the allegation in the following manner,. namely, - (i) where the in:egutartty involves a criminal offence committed by a public servant, the matter shall be referred to the appropriate authority for 'inVestigation; {ii) where the Irregularity causes loss or inconvenience to a citizen, dlr;ect the Panchayat/Dist:rjct Council, as the case may be, to giVe him compensation and to reimburse the loss from the person responsible for the Irregularity; (iH) \Nhere the irregularity Involves loss or waste or mlsuse of the fund of the Panchay.at/Oistrtct Council? as the case may be, realise such loss from those who are responsibJ.e for .such irregularity; and [ 6 ] (lv) where the irregularity is due to omission or Inaction, ceuse to redress the omission and to rectify the mistake. (2) In addition to the functions ,enumerated in sub-section (1),. the ombudsman may pass an Interim order restraining the Panchayat/District Council from doing anything detrimental to the interest of the complainant If it is satisFted that much loss or injury will be caused to the complainant due to the alleged act. (3) The Ombudsman may by order, impose penalty in addition to compensation if it is of opinion that the irregularity involves con-upt practice for personal gain. 8. Tinte limit for investigation of complaints .. - A time limit may be prescribed for the Ombudsman to complete its Investigations lnto complaints by the State Government. 9. PoWerS of the Ombudsman. -(1) The Ombudsman shaill, for the purpose ot any Investigation or enquiry under this Act, have the same powers as are vested in a avil Court while trying a suit under the Code of Civil Procedure,. .1908 (Centr.i:N Act V of 1908) in respect of' the following matters,. namely, - (i) summoning and enforcing the attendance of any witness and examining him; (ii) requiring the discovery and production of any document; (iU) rec;eiVing evidence on affidavits; (rv) requisitionrng any pubic records,, or copy thereof from any court or office; (v) issuing commissions for the.examinati()n of witnesses; (vi) such other powers as are prescribed; (2) Where the OmbUdsman finds that the aHegatiOn contained In a complaint is \l'lllthout any substance or triviaf in nature It may by order direct the complainant to pay to the opposite party so much ot the amount specified in the order by way of cost. (3) Where the alleg.atfon contained in a complaint is about the loss or waste or mfsapplieation of the fund of the Panchayat/Distrlct <;:ouncil or in respect of the loss or inconvenience caused to a citizen, the Ombudsman may, during enquiry., collect evidence,. detennine the toss and direct in its order the amount to be realised from the .person responsible. (4) If the amount paid as per the order passed by the ombudsman under sub-section (2) or sub-section (3) lS not: paid within the period specified by It, the same shall be recoverable by revenue recovery proceedings as if it were an arrear of iand revenue. [ 8 ] after recording its findings :Stating the reason therefor, and communicate the same to the complainant (2) If, the Ombudsman is of opinion that: there is a prima fade case against the person or the Panchayat/Disb1ct Coundl complaiined of, it shall record its ftndngs to this effect and send nonces of the proposed enquiry to the complainant and to the opposite party. (3) Toe Ombudsman shall, subject to the provisions of this Act and the rules made thereunder, have .power tt;> regulate its procedures by fixing the time and pt-ace of sitting. (4) In any proceedings before the Ombudsman, no legal practitioner -wtH be permitted to represent .any person, unless the Ombudsman .permits, by an order, a person to be represented by a legal practit:iOner for reasons to be recorded. 13. Existing cases to be tra.nsfetted t:o Ombudsman.- (1) Notwithstanding anything contained In any other ·law, if any proceedings,. fifed and not disposed of under the said Act,. before the constitution of Ombudsman as per the provisk>ns .of this Act, retate to a public servant or Pand1ayat/D1strict Cooocil as per the provisions of this Act, aH cases With regard to such proceedings shall be transferred to the Ombudsman and the Ombudsman shall decide the cases in accordance with the provisions of this Act. (2) AH cases, wfth regard to the toss, and misappropriation of any :1and of the Panchayat/Dtstr1ct Counol, pending before the State Government or any other authority and disJX)Sed of just. before the constitution of Ombudsman, the Ombudsman shall dispose of the cases in accordance with the provisions ot this Act. 14. Power to, investigate and recom,nend action In certain cases.- The Ombudsman shall have the power to investigate and recommend action fn complaints or grievance regarding abuse of offi.ce, corruption, maladministration against the Panchayat/OiStrict Council or its members is alleged? In an such cases, Ombudsman shall send his report to the Gover.nor for further action. 15. State Government to ptace records before Ombudsman in certain cases..- If the State Government feels that ·there ,Js need to take :immediate action against the Panchayat/District council or their elected representatives on one or more of the grounds of abuse of office, corruption, eec., :it should place the records before the Ombudsman for urgent investigation. In au such cases, the Ombudsman shaH send his report to the Governor in a specific period. [ 9 ] 16 .. :Initiation of Pl'Osecutlon .. - (1) tf, after an investigation or inquiry1 theOmbudsman finds that there iS a prima fade case against the accused invoMng acriminal offence, the Ombudsman may refer the complaint and the findings to acompetent authority With :recommendation to 1nitiate prosecution. (2) The authority responsible, for initiating such Prosecution shall conduct a detailedenquiry if necessary and charge a case. 17 .. Disposals of complaints.- (1) The Ombudsman may consider and dispose ofcomplaints other than those invotvtng criminal offences, in the following manner, - (a) award compensation to a citizen in case of loss or gne.rance;(b) order the recovery of loss caused to the PanchayatJDistrict Council fromthe person responsible; (c) order the supply of omission or rectfffcation of defects due to Inaction;( d) order the recovery of loss from the accused faillng which., order reallsationthrough revenue recovery PfOCeedings; (e) order other necessary remedial measures considering the facts andcircumstances of the case. (2) Where the Ombudsman finds that the procedure or practk:e regarding theadministration of Panchayat/District COuncil gives room for complaint? it may givesuggestions to the State Government or the PanchayatJDistrict: Council raaong to themeasures for avokfing the rea.rrrence of such complaint (3) The Ombudsman shall give annually a detailed report regarding the performanceof its functions under this Act to the State Government and the State Governmentshall lay It before the Legislative Assembay with an explanatory memorandum. 1& Report to be sent to Governor .. - In case of complaints and grievancesregarding corruption and maladministration against the Panchayat/Disbict Council ingeneral and its elected, nominated and ex"'Offido fund:ionanes, the Ombudsmanshall send its report to the Governor. 19. Reasons for disagreement wft:11 the report to be ·placal in publicdomain.- If there Is disagreement with the recommendations of the Ombudsman in case of complaints and grle'Yances regarding corruption and maladministration against the Panchayat.,IDisbict Council in general and its e:Jed:ed functionaries, theGovernor must pt.ace the reasons in the public domain. 20. Power to make rules.. - The State Government may make rules in respect of the following matters .. namely: - [ 10] (a) The conditiOns of service of the Ombudsman and Ombudsman1s staff; (b) The manner of filing complaints before the Ombudsman and the manner or fUing cases efther suo moto or on reference by State Government (c) 'The manner and procedure of conducting investigation; (d) Procedure for moving the appropriate authority fu<" the initiation of prosecution; (e) :Procedure to be followed during the fnquiry, whicti as far as possible should be summary proceedings; (f) The manner of impJernentlng the order of the Ombudsman and further proceedings; (g) Any other matter which the State Government may deem necessary to prescribe. TH. KAMIN! KUMAR SINGH, Joint Secretary (Law), Government of Manipur. Printed at the Directorate of Printing & Stationery, Govt. of Manipur/305-C/l-4-2013.