The Manipur Public Servants' Personal Liability Act, 2006

MANIPUR Jl GAZETTE oi woh EXTRAORDINARY PUBLISHED BY AUTHORITY No. 23 Imphal, Thursday, April 13, 2006 {Chaitra 23,1928) GOVERNMENT OF MANIPUR SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT NOTIFICATION ——— Tmphal, 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 hereby published in the Official Gazette, THE MANIPUR PUBLIC SERVANTS’ PERSONAL LIABILITY ACT, 2006 (Manipur Act No. 8 of 2006) An Act to provide for personal fiability of the Public Servants of Manipur for creation of unauthorized liability through Irregular actions in form of appointment or engagement of persons, award of works, supply orders, payment of bllis, signing and execution of contracts, providing grants, benefits, ‘compensation, and such other acts In the name of Government or Its agencles and recovery of such amounts from the personal incomes including salary and other entitiements of the Public Servants responsible for creation of such liabilities. Be k enacted by the Legislature of Manipur in the Fifty seventh year of the Republic of India as follows:-

(1) This Act may be called the Manipur Public Servants’ Personal Usability Act, 2006.

1. (2) Itextends to the whole of the State of Manipur. 3) 1t shall come Into force on such date as the Stata Govemment may, by notification in the Official Gazette, appoint.
   • • .

1. (2) “Chief Minister” 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-n-aid, compensation, or other benefits and enttiement as per rules and existing Instructions of the Government; {¢} “Governor” means the Govemor of Manipur;
   • (d) “imegular actions” means actions in form of appointment, engagement, work order, supply order, contract, Memorandum of Understanding, grant or commitment to grant a beneft, relief, grant-in-ald or compensation, whether In exercise of a statutory power or otherwise, that are not consistent wih or In accordance Twit the rules, specific orders, and Instructions of the Government and procedures as laid down and amended from time to time;
   • (e) “ability” means the liabiky ‘for payment of salary, wages, allowances, leave salry, leave encashment, medical benefits and other service entltiements, pension, gratuy, famiy pension, special pension and other retirement benefits, grant-in-ald, compensation for land, buildings, damages, Injury & death, payment of bills, works, and supply orders from the Consolidated Fund of the State and the Public Account of the State or the Fund of the agencies set up by the Government; “3.
   • (f) “Person” means a.person and his or her dependent(s) In cases where entitlements and benefits are admissible as per rules to dependent of a person, and Includes an instkution or a body of persons Incorporated, registered or otherwise;
2. (9) “public servant” means all functionaries, officers and employees of i the State of Manipur appomted by and i the name of the Governor and includes Mhisters, officers and employees of the State Government and ts agencies and the autonomous bodies Including statutory bodies, public } sector undertakings, companies, aided Institutions, societies and bodes receiving grant-in-aid from tha Government; [
   • (h) “State” means the State of Manipur and Includes the offices and establishments of the State of Manipur, situated In or outside the State; () “State Government” means the Govemment of Manipur and is agencies;
3. (5) “un-authorized liability" means llablikty arising out of kregular actions as defined In section 2(d).

(1) With a view to . avoiding accumulation of unauthorized abilities and ensuring:timely discharge of current Eabllities, a Publk Servant ‘exercking delegated financial powers under the relevant rules, instructions, guidelines and orders of the Government shall, before appointing or engaging any person for any work in the name of Government, or awarding any work, or giving technical or financial sanction, or starting a construction work, or awarding an order of supply of goods and services, or entering Into a contract or Memorandum of Understanding, or granting or committing to grant a benef, relief, grant-in-aid or compensation to any person on beha¥ of the Government, whether in exercise of a power . conferred under a Statute or otherwise, which creates or has the implication of ] creating lablity on the Consolidated Fund of the State of the Fund of is agencies, obtain prior approval for such appointment, engagement, technkal or foandal sanction, work order, ‘supply order, contract, Memorandum of Understanding, grant, payment, benefk as the case may be or commitment for any of the foregoing, In compliance with the Rules, procedures;

conferred under a Statute or otherwise, which creates or has the implication of ] creating lablity on the Consolidated Fund of the State of the Fund of is agencies, obtain prior approval for such appointment, engagement, technkal or foandal sanction, work order, ‘supply order, contract, Memorandum of Understanding, grant, payment, benefk as the case may be or commitment for any of the foregoing, In compliance with the Rules, procedures;

Uability for Irregular action of Public Servant.- Any Public Servant who appoints or engages a person of persons, enters ints a contract or Memorandum of Undertaking with another person, awards a ‘work, places*a supply order, or grants or commits to grant a banefit, relief, grant-in-aid or compensation or payment of a sum for any bil, work, suppl, entklement, benef, relief, grant-in-aid or compensation on ‘behak of the Govemment to any person or a body of persons whether In exercise of a power conferred ander a 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 lable for payment and liquidation of the financial lability arising out of his action.

All moneys involved or: incurred ‘payment andfor liquidation of a liabitity on the part of the State Government arising from irregular action of a public servant shall be recovered from the salary and entitlements payable to or incomes of such public servant irrespective of the liability payable in pursuance of an order by any public servant or competent authority under a State law for the time being and law court.

1. (2) Nothing of the above sub-section shall apply lo the case where such irregularity have been rectified by according ex-post facto approval by the State Government. hn -5.

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 inquiry by affording the public servant an opportunity of explanation in that regard, in the manner as may be prescribed.

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 out 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 Chief Minister,

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 rules mada there-under, ]

be in addition to and not In derogation of the provisions of any law for the time being In force.

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 k to be necessary or expedient for

il. Power to make rules. (1) The State Government may, by notficaton in the Official Gazette make rules for carrying out the provision of this Act.

1. (2) In particular and without prejudice to the generally of the foregoing provision such rules may provide for al or any of the following matters, namely:-
   • (a) the determination of the Imegularity of actions by which the unauthorized ability wili be deemed to have been created;
   • (b) procedure of the functions of the High Powered Committee;
   • (c) the manner of deduction or recovery of sums from the salary andjor other incomes and enttlements of the Government officials for paymént or lquidation of the unauthorized Tabiiity;
   • (d) any other matter which is required to be, or may be, prescrbed.
2. (3) Ai 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 It Is In session, for a total period of fourteen days which may be comprised in one session or two of more successive sessions, and F, before the expiry of the session immediately following the session or successive session aforesaid, the State Legislature 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 be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the valdity of anything previously done under that rule or order. TH. KAMINI KUMAR SINGH, Deputy Secretary (Law), Government of Manipur. “primed at he Directorate of Pig. & Sty, Govt, of Manipur/305-C/13-4-2006.