Manipur act 004 of 2013 : 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, ^the26th

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 ^{ACTNO. 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 ^Inrura/ 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 ^toalt

rural areas^exthe

State^of'

Manipur^-

(3) ^It:shall^comeintoforce^{onsuch dateasthe}State Gclvemment may,. by

notification^intheOfficial

Gazette,. appoint.. 2.. DeftnitiOns.-

In this

?

unless there

is

anything

repugnant

in the subject ^orcontext^:

(a) ^'a-•ion" means action ·taken ^?wayofdedsk)n, recommendation, resolution or

finding

orⁱⁿexecution thereof' ^orin·exercise

of admin.isb ative or

·Jegail

functions ^In

any

other

manner^andincludes wilful

default ⁱⁿ

taking

action^oromission and aH ot:her expressions connoting ^such

action shall^beconstrued accordingly; (b)

?

allegation',.

-

(i) ⁱⁿ

relation ^toapubuc

servant means,^anyaffirmation

t:hat such public

servant, ^-

[ ^{2 )}

as such

for any gain or

any ,other person or to

hardship ^toanyother (a)

(b)

(c)

has at>used

his pos::it:ion favour ^tohlrnseff' ^orto cause undue

harm or

person; was actuated

in the discharge ^of'his such public

servant:: by' personal

improper ^orcorrupt mcrt;jv,eS;

_

is guilty

of ?.. favourltiSm, ladk of' integrtt.Y; f'unctions ^as

interest: ^or or

(d) ^is

guilty ^ofanyaction ^as

public servant vwhk:h f'acl"Ji.t:ates ^orc:auses^tomake any losS, wast:e ^or

rnisappplicat:ion ^ofmoney ^orother

property d ^the

Panchayat:sJDist:rict

Coundts;

(ii) ⁱⁿrelatlon ^t:oPanc:hayat;/Disbiet:

Oouno't

means..^any affinnat:ion ^thatsuchPanehayat:/DiStrlct

Council ^has clelautted ^or acted ⁱⁿexcess d^tts

piowers ^inthedischarge of ^tt:sf'unctionS imposed ^{onit: by laworin}

implementing ^the lawful

orders ^and direct:jons ^of'the

State Government;

(c) 'c:::IOlll'Dplaint"'

means ^ast;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 ^suomoto enqulry ^{has been}

pn::,posed ^or?

for

enquiry ^hasbeen 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) ^orunder the PreVentiOn

of' Corruption

Ad:.. ¹⁹⁶⁸

(Cent:ral ^Act49d

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 ^fromt: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 ^orpurporting ^{to have} been taken

in the e,cerc;ise

d adrninisb

atfve fu.nctJon ^{in any}

case,. ^- {i)

where^suchactiOn, adrnirdSb

at:ive procedure ^or

practice governing ^such

ac::tion ^isunreasonable, unjust;. oppressive,

cftscriminab:>ie'Y ^ornepot:ic ^andwillresult ⁱⁿ

Ulegtt:imate gain

or loss^orin

deny!ing

deserving benefits; or

(ii)

where t:hiere ^iswilful

negligence or delaY

in

taking

such action, ^ortheadrninist:r

atiVe proca:ture or method

regulating ^such.acti<>n ^vmlc::ause undue delay and includ.es

the action leading ^to·1oss ^orwasb:!: ^or misUSe or fund

by malf'ea,sance ^or?nee;

2

[ 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 ^oran 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, ^andunder 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 forthe}

disposal ^of

complaints

in accordance with section 17.

( ^{4 ]}

(2) ^TheOmbudsman shall ^bea

.single

member

body appointed

by ^theGovernor 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 ^ofthe Opposition ^inthe

Legislative

Assembly.

(3) ^TheOmbudsman shall ^beselected ^froma

panel ^ofretlred

.Judges of

High

Courts.

(4) ^A

person appointed ^tobetheOmbudsman shaU,

before ^he

enters ^upon office, ^{make and}subscr1be before^the

Governor ^orsome

person appointed ⁱⁿ that behalf

by

htm, ^anoath^or.affirmation

according ^tothe ^form

prescribed.

4. Term

of office and coodiitions of Service of

the

Ombudsman -

(1)

A

person appointed ^asOmbudsman shaH hold office ^{foratermoffive}years from

the ^dateon which he enters upon^hisoffice:

Provided

that, ^*

(a) ^theOmbudsman may,.^:bywriting ^tothe

Governor., resign ^from his

office;

and

(b) ^theperson appointed ^asOmbudsman^mayberemoved ^from his office

In^themanner

provided ^Insection^5.

(2) ^Theperson appointed ^asombudsman ^{shaH be}entitled ^for

salary ^and aJtowances as

prescribed

by

the State

Government.

(3) ^On

expiry ^ofhistermofoffice^asOmbudsman, ^heshall ^notbe

eligible ^for reappointment ^asOmbudsman^orforfurther

appointment ^{to any}

office^of

profit under the

State Govemment ^orfn

any corporation,

cornparw, society ^or university by ^orunder^thecontrol ^{of the}State, Govemment s. Removal

of Ombudsman ^- ( 1) ^TheOmbudsman

shall^notberemoved ^fromhis

office,

except by ^an order of

the

Governor, passed

after^anaddress

by

the State

Legislative

Assembly, supported ^{by a}

majority ^ofthe

total

membership ^ofthe

House, ^hasbeen presented ^{to the}

Governor ^inthesamesession^forsuch

removal, ^onthe

ground of

proved

misbehaviour,^or

incapacity.

(2) ^The

procedure ^ofthe

presentatkln ^ofanaddress

under sub-section

(1)

and for ^the

investigation ^and

proof ^{of the}miSbehaviour ^or

Incapacity ^ofthe Ombudsman shaU

be^as

provided ⁱⁿthe

J,udges {Inquiry)

Act,. ^{1968 in}refation ^to the removal ^ofa

Judge

and

accordingly

the

proviSions

of ^{that Act}

shallr

mutatis mutandiS,.

apply ⁱⁿ

refatiOn ^totheremoval ^oftheOmbudsman ^{as they}apply in

relatkln to^theremoval 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 in consuttauon 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 the employees shall be such as

may be

:specified

by

the

State

Government and as far 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 State Government Department in

order to

ascertain

the

veracity

of an

ailegatfonunder

Jnvestigation and such

officer shall be

bound to

render such

assistance In addition 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 or any of

the

fotlowing functions, namety,

- (a)

investigate into any

allegation contained in a

complaint or

on a reference from State

Government, or that has come

to

the notice of the Ombudsman; {b) enquire

into

any

complaint in

\!\lhid1

corruption or mafadmlniistraoon 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 ^{isdue to}omission or Inaction,

ceuse to redress the omission and

to

rectify

the mistake.

(2) ^Inaddition ^tothefunctions ,enumerated ⁱⁿsub-section (1),. the ombudsman

may pass ^anInterim order restraining

the Panchayat/District Council from

doing anything

detrimental ^totheinterest^{of the}

complainant If ^itis satisFted

that much ^lossor

injury ^{will be}caused ^tothecomplainant ^{due to} the

alleged ^act.

(3) ^TheOmbudsman ^mayby

order,

impose penalty ⁱⁿ addition ^to

compensation if ^itisof

opinion

that

the

irregularity

involves con-upt practice for

personal

gain.

8. Tinte limit

for

investigation ^of

complaints^{.. - Atime} limit may^be

prescribed ^fortheOmbudsman ^to

complete ^its

Investigations lnto complaints by the

State Government.

9.

PoWerS of ^theOmbudsman. -(1)

The Ombudsman shaill, for the

purpose ot any Investigation ^orenquiry

under

this

Act, have the ^same

powers ^asare vested ^inaavilCourt

while

trying ^asuit

under^{theCode of} Civil Procedure,.

.1908

(Centr.i:N ^{Act Vof}

1908) ⁱⁿ

respect ^{of' the}

following

matters,. namely, -

(i)

summoning ^and

enforcing ^theattendance ^{of any} witness and

examining ^him;

(ii) requiring ^the

discovery ^and

production ^ofany document;

(iU)

rec;eiVing

evidence ^onaffidavits; (rv) requisitionrng ^anypubic

records,, ^{or copy}thereof from

any court ^oroffice; (v)

issuing

commissions ^forthe.examinati()n ^ofwitnesses;

(vi) ^suchother powers ^asareprescribed;

(2)

Where^theOmbUdsman finds ^{that the}

aHegatiOn contained ^Ina

complaint ^is \l'lllthout

any substance^ortriviaf ⁱⁿnature ^It

may by order

direct^thecomplainant to

pay

to the

opposite

party ^somuch

ot

the amount specified ^intheorder

by way of

cost.

(3)

Where^the

alleg.atfon

contained ^inacomplaint is about the loss^orwaste^or mfsapplieation ^{of thefund ofthe}Panchayat/Distrlct <;:ouncil ^or in

respect

of the loss or inconvenience

caused ^toacitizen,

the Ombudsman may, during enquiry., collect evidence,.

detennine the

toss ^anddirect ^inits order ^theamount ^tobe realised ^fromthe

.person responsible.

(4) ^Ifthe

amount

paid ^{as per the}order

passed ^by the ombudsman

under sub-section (2) ^orsub-section (3) ^lSnot:

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 ^thesametothe

complainant

(2) If, ^theOmbudsman ^isof

opinion

that: there ^isa

prima fade ^caseagainst ^the person ^orthe

Panchayat/Disb1ct

Coundl complaiined

of, it shall

record ^its ftndngs ^tothiseffect ^andsend

nonces^{of the}

proposed

enquiry to the complainant ^andtothe

opposite

party.

(3) ^ToeOmbudsman shall, subject ^tothe

provisions ^of this ^Actand

the

rules made

thereunder,

have

.power tt;>

regulate ^its

procedures

by

fixing the time and pt-ace ^of

sitting.

(4) ^Inany proceedings

before^theOmbudsman, ^nolegal

practitioner -wtH ^be

permitted ^to

represent ^.any

person,

unless^theOmbudsman .permits,

by an order, ^a

person ^tobe

represented

by ^a

legal practit:iOner for reasons^tobe recorded.

13.

Existing

cases to be tra.nsfetted ^t:oOmbudsman.- (1) Notwithstanding

anything

contained ^{In any}

other

·law, ^ifanyproceedings,.

fifed^andnotdisposed of under

the

said

Act,.

before the constitution

of Ombudsman ^as

per the provisk>ns ^{.ofthis Act,}

retate ^toa

public

servant ^orPand1ayat/D1strict Cooocil ^as

per the

provisions

of this

Act,

aH cases With

regard ^tosuch

proceedings shall be transferred ^totheOmbudsman ^{and the}Ombudsman

shall decide the

casesⁱⁿ accordance with ^the

provisions

of

this Act.

(2) ^AH

cases,^wfth

regard ^tothe

toss, ^and

misappropriation of any :1and ^ofthe Panchayat/Dtstr1ct

Counol, pending

before ^theState Government ^{or any} other

authority ^and

disJX)Sed ^of

just.

before ^theconstitution ^ofOmbudsman, the

Ombudsman shall

dispose

of the casesⁱⁿaccordance with

the

provisions ot this Act.

14. Power to, investigate

and recom,nend

action

In certain

cases.- The

Ombudsman shall ^havethe

power ^toinvestigate

and recommend action ^fn complaints ^or

grievance regarding

abuse^of

offi.ce, corruption, maladministration against ^the

Panchayat/OiStrict

Council ^oritsmembers ^is

alleged?

In an

such cases, Ombudsman shall

send

his

report ^tothe 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 ^totake:immediate action

against

the

Panchayat/District

council ^ortheir 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. ^Inau such cases,

the Ombudsman shaH send

his

report ^tothe

Governor^inaspecific period.

7

[ ⁹

]

16

.. :Initiation of

Pl'Osecutlon .. -

(1) tf,

after an

investigation or

inquiry1

the Ombudsman finds that there iS a

prima

fade case

against

the accused

invoMng

a criminal

offence, the

Ombudsman may

refer

the

complaint and

the

findings

to a competent

authority With :recommendation to

1nitiate prosecution.

(2) ^The

authority responsible,

for

initiating

such Prosecution

shall

conduct a

detailed enquiry

if

necessary

and

charge a

case.

17

.. Disposals of

complaints.-

(1)

The

Ombudsman may consider and

dispose

of complaints

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 from the 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

reallsation through revenue

recovery

PfOCeedings; (e)

order

other

necessary

remedial measures

considering

the

facts and circumstances of

the case.

(2)

Where the

Ombudsman finds

that the procedure or

practk:e

regarding

the administration 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

grievances regarding corruption

and

maladministration against

the

Panchayat/Disbict Council in general 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, the Governor must

pt.ace

the reasons in the

public

domain.

20. Power to

make

rules..

-

The State

Government may make rules

[ 10]

(a) ^TheconditiOns^ofservice^{of the}Ombudsman ^and Ombudsman1s

staff;

(b) ^Themanner^of

filing complaints

before ^theOmbudsman ^and the manner or

fUing

cases efther^suomotooronreference

by

State Government

(c) ^'Themanner^and

procedure ^of

conducting

investigation; (d)

Procedure ^for

moving ^the

appropriate

authority ^{fu<" the} initiation of

prosecution; (e)

:Procedure ^tobefollowed

during ^the

fnquiry, whicti^asfaras possible

should ^besummary proceedings;

(f) ^Themanner^of

impJernentlng ^theorder^{of the}Ombudsman and

further

proceedings;

(g) ^Any

other

matter which^the

State Government ^maydeem necessary to

prescribe. TH. KAMIN!

KUMAR

SINGH,

Joint

Secretary

(Law), Government of

Manipur. Printed at^theDirectorate of

Printing

&

Stationery,

Govt. of

Manipur/305-C/l-4-2013.

9