Wl GAZETTE T R, EXTRAORDINARY PUBLISHED BY AUTHORITY MM’M& 23 Imphal, Thursday, Apnil 13, 2006 (Chaitra 23, 1928 | GOVERNMENT OF MANIPUR : SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT NOTIFICATION Imphal, the 12th April, 2006 No.2/15/2006-Leg/L: The following Act of the Legislature of Manipur which recieved assent of the Governor of Manipur on 7-4-2006 is herehy published in the Official Gazette. THE MANIPUR PUBLIC SERVANTS’ PERSONAL LIABILITY ACT, 2006 (Manipuar Act No. 8 0f 2006) An Act to provide for personal Hlability of the Public Sérvants of Manlpur for creation of unauthored llabliky through Irregular actions In form of appointment or engagement of persons, award of works, supply orders, payment of biis, signing and execution of contracts, providing grants, benefits, compensation, and such other acts In the name of Government or s agencles and recovery of such amounts from the personal incomes including salary and other entiiements of the Public Servants responsible for creation of such llablizies. Be X enacted by the Legislature of Manpur In the Fifty seventh year of the Republic of Indla as follows:-
‘2. 1. Short title, extent and commencement.-(1) This Act may be caled the Manipur Public Servants’ Personal Ulablity Act, 2006 (2) It extends to the whole of the State of Manpur {3} It shal come Into force on such date as the State Government may, by notification in the Officlal Gazette, appoint 2. Definitions.- In this Act, unless the context otherwise requires: - (वीं दिल Ministar” means the Chief Minister of the State of Manipur; (b) ™Competent authorky” means the authority competent to approve and make payment on account of appointment, engagement, grant-in-aid, compensation, or other benefits and enttlement as per rules and existing Instructions of the Government; {c} “Governor® means the Govemor of Manipur; {d) “hregular actions” means actions In form of appolntment, engagement, work order, supply order, contract, Memorandum of Understanding, grant or commitment to grant a beneft, relief, grant-in-ald or compensation, whether बा exercise of a statutory power or otherwise, that are not consistent with or In accordance with the rules, specic orders, and Instructions of the Government and procedures as lald down and amended fiom time to time; (e) “Mabilky™ means the Habiky for payment of salary, wages, allowances, leave salry, leave encashment, medical benefits and other service entitiements, pension, gratuly, famiy pension, special pension and other retirement benefks, grant-n-ald, compensation for land, bulldings, damages, Injury & death, payment of bills, works, and supply orders from the Consofidated Fund of the State and the Public Account of the State or the Fund of the agencies set up by the Government;
v 3 (f) “Person” means a person and his or her dependent(s) In cases where entitiements and benefs are admissible as per rules to dependent of a person, and includes an instkution or a body. of persons Incorporated, registered or otherwise; (g) “pubiic servant” means all functionaries, cffiers and employees of the State of Manipur appoited by and In the name of the Governor and includes Ministers, officers and employees of the State Government and Its agencies and the autonomous bodles including statutory bodies, publc sector undertakings, companiks, aided institutions, socleties and bodies receving grant-in-aid frorms tha Government; % (h) “State” means the State of Manipur and includes the offices and estabilshments of the State of Manipur, sttuated In or outside the State; (i) “State Government” means the Government of Manlpur and पिंड agencies; () “un-authorized liability* means labilky arising out of kregular actions a5 defined In sectlon 2(d). 3. Measures to ensure Financisl Discipline.~ (1) With a view to avolding accumulation of unauthorized labllities and ensuring:timely discharge of cument Habllities, a Public Servant exercking delegated financial powers under the relevant rules, instructions, quidelines and orders of the Government shall, before appointing or engaging any person for any work in the name of Government, or awarding any wark, or gving technical or financlal sanction, or starting a construction work, or awarding an order of supply of goods and servkes, or entering Into a contract or Memorandum of Understanding, or granting or committing to grant a benefk, relief, grant-in-ald or compensation to any person on behaF of the Government, whether in exercise of a power
b confermed under a Statute or otherwise, which ‘creates or has the implication of cresting flabity on the Consolidated Fund of the State or the Fund of its agencles, obtain priot approval for such appointment, engagement, technial or financial sanction, work order, ‘supply order, ‘contract, Memorandum of Understanding, grant, payment, peneft as the case may be of commitment for any of the foregoing, In compliance with the Rules, procedures, instructions and guidelines that may be mmedv"'bymesavmm,,‘“”fmmm time. 4. Uability for irregular action of Public Servant.- Any Public Servant who appoints Of engages a person oOf persons, enters into a contract or Memorandum of Undertaking wih another person, awards a work, places'a supply order, or grants or commits to grant a banefit, refief, grant-in-aid or compensation of payment of a sum for any छा, सजा, supply, entklement, benefX, rellef, grant-in-aid or compensation on beha¥ of the Government to anypuson’om,bodynfpefinmuvdiefi\‘erhemdseafapmerconfermd' under & Statute or otherwise, in violation of ‘the existing instructions and orders of the Government and procedures as laid down, and without approval of the competent authority will be entirely and personally liable for payment and lquidation of the finsancial Hability arising oul of his action. 5. Measures to provide for recovery of unauthorized labllity:- {1} All moneys involved or incurred payment andjor liquidation of a liability on the part of the State Covernment सता फट: from irregular action of a public servant shall be recovered {rom the salary and entitiements payable to or inconies of such public servant irrespeclive of the Hability payable in pursuance of an order by any public servant or competent authority under & State law for the time hc*ing‘ and law court. {2) Nothing of the above sub-section shall apply धर the casc where such irregularity have been rectified by acm‘rcfi:n\g ex-post facto approval by the State Government,
-5 6. Recommendation of High Powered Committee:- No order imposing any penalty of the Liability specified in section 5 of the Act, shall be made except on the recommendation of a High Powered Committee after an ingquiry by affording the public servant an opportunity of explanation in that regard, in the manner as may be prescribed. 7. Constitution of High Powered Committee;~ The State Government shall constitute the High Powered Committee consisting of the Chief Secretary, Government of Manipur as Chairman and four other officers as Members to be nominated by the State Government and it shall carry cut such functions and duties as may be prescribed In case the public servant is a Minister/MLA, the High Powered Committee shall 'be headed by the Chief Minister and shall consist of two other Ministers nominated by the Chiel Minister, 8. Pr“atecfiouafmon"hkmingmd“'fawl.-msut,pmm,m‘ other proceedings shall lle against the State Government or any officer or other employee of the State Govemment or public servant for anything done or In good fakh purporting to be done under this Act or niles made there-under, _ 9. Application of other laws not barred.- The provisian of this Act shall be in addiion to and not In derogation of the provisons of any law for the time being In force, 10. Power to remove difficulties.~ (1) ¥ any difficulty arkes बा giving effect to the provisions of this Act, the State Government may, by orders published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to X to be necessary or expedient for removing the difficulty,
oG- i1, Power to make rules.- (1) The State Government may, by notification in the Officlal Gazette make rules for carrying outt the provision of this Act. (2) In particular and without prejudice to the generality of the foregoing provision such rules may provide for all or any of the following matters, namely:- (a) the determination of the irregularity of actions by which the unauthorized Sabllity will be deemed to have been created; (b) procedure of the functions of the High Powered Committee; {¢) the manner of deduction or recovery of sums from the salasy andfor other incomes and entitiements of the Government officials for paymént or lquidation of the unauthorized Labiity; (d) any other matter which Is required to be, or may be, prescrbed. {(3) Al rules made by the State Government under this Act shal, as soon as may be after they are made, be laid before the State Legislature, while 1t Is in session, for a total periad of fourteen days which may be comprised है? one session or two of more successive sessions, and F, before the explry of the session immaediately following the session or successive session aforesaid, the State Legisiature agree In making any modification in the rules or order or agree that the rule or order should not be made, the rules or order shall thereafter have effect only in such modified form or ba'of no éff»}ect', as the case may be; so, however, that any such moadification or annu"hne‘nt-..sh’afl be without prejudice to the valdity of anything previausly done under that rule or order. TH. KAMINI KUMAR SINGH, Deputy Secretary (Law), Government of Manipur. Printed at the Directorate of Pig. & Sty., Govt, of Manipur/305-C/13-4-2006.