The Manipur Rural Local Bodies Ombudsman Act, 2013

PP GREE MANIPUR ii. GAZETTE AR AR EXTRAORDINARY PUBLISHED BY AUTHORITY No.2 Tmphal, 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 to establish a Local Government Ombudsman for the purpose of investigating charges of corruption or maledministratiors in rural focal Government institutions in the State of Marfpur. Be it enacted in the Sixty-fourth Year of the Republic of India by the Legistature of Manipur as follows: —

(1.) This Act may be called the Manipur Rural Local Bodies Ombudsman Act, 2013. (2.) It extends to all rural areas in the State of Manipur. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless there is anything repugnant in the subject or context: (a) 'action' means action taken by way of decision, recommendation, resolution or finding or in execution thereof or in exercise of administrative or legal functions in any other manner and includes wilful default in taking action or omission and all other expressions connoting such action shall be construed accordingly; (b) 'allegation',- (i) in relation to a public servant means, any affirmation that such public servant,- (a) has abused his position for any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person; (b) was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motives; (c) is guilty of corruption, favouritism, lack of integrity; or (d) is guilty of any action as public servant which facilitates or causes to make any loss, waste or misapplication of money or other property of the Panchayats/District Councils; (ii) in relation to Panchayat/District Council means, any affirmation that such Panchayat/District Council has defaulted or acted in excess of its powers in the discharge of its functions imposed on it by law or in implementing the lawful orders and directions of the State Government; (c) 'complaint' means a statement of allegation that a public servant or a Panchayat/District Council is guilty of corruption or maladministration and includes any reference to an allegation in respect of which suo moto enquiry has been proposed or for enquiry has been made by State Government; (d) 'corruption' includes anything punishable under Chapter IX of the Indian Penal Code (Central Act 45 of 1860) or under the Prevention of Corruption Act, 1988 (Central Act 49 of 1988); (e) 'District Council' means an Autonomous District Council established under the Manipur (Hill Areas) District Councils Act, 1971 as amended from time to time; (f) 'local body' means Panchayati Raj institutions and District Councils of the State; (g) 'maladministration' means action taken or purporting to have been taken in the exercise of administrative function in any case,- (i) where such action, administrative procedure or practice governing such action is unreasonable, unjust, oppressive, discriminative or nepotic and will result in illegitimate gain or loss or in denying deserving benefits; or (ii) where there is wilful negligence or delay in taking such action, or the administrative procedure or method regulating such action will cause undue delay and includes the action leading to loss or waste or misuse of fund by malfeasance or misfeasance; (i) 'panchayat' means a panchayat constituted under the Manipur Panchayati Raj Act, 1994 as amended from time to time and includes both gram panchayat and zilla parishad; (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 elected or a nominated or an ex-officio member of the District Council/Panchayat including its pradhan or adhyaksa and includes an employee or officer on temporary, permanent, deputation, casual, ad-hoc, contract or daily wage basis and also includes an employee or officer of any office or institution transferred to the District Council/Panchayat of any office or institution transferred to or attached with the District Council/Panchayat under the provisions of the Manipur (Hill Areas) District Councils 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, including the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 as amended from time to time; (l) 'rural local body' means the gram panchayat and the zilla parishad as established under the Manipur Panchayati Raj Act, 1994 as amended from time to time and includes the Autonomous District Council established under the Manipur (Hill Areas) District Councils Act, 1971 as amended from time to time; (m) 'Secretary' means the Secretary of the Ombudsman referred to in section 6; (n) 'State Government' means the Government of Manipur; (o) 'state' means the State of Manipur.

(1) There shall be an authority for Panchayats/District councils constituted for a group of districts known as 'Ombudsman' for making investigations and enquiries, in respect of charges on any action involving corruption or maladministration or irregularities in the discharge of administrative functions by Panchayats/District Councils and public servants working under them, in accordance with the provisions of the Manipur Panchayati Raj Act, 1994 and the Manipur (Hill Areas) District Councils Act, 1971 for the disposal of complaints in accordance with section 17. (2) The Ombudsman shall be a single member body appointed by the Governor on the recommendation of a committee consisting of the Chief 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 retired Judges of High Courts. (4) A person appointed to be the Ombudsman shall, before he enters upon office, make and subscribe before the Governor or some person appointed in that behalf by him, an oath or affirmation according to the form prescribed.

(1) A person appointed as Ombudsman shall 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 shall be entitled for salary and allowances 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 Government or in any corporation, company, society or university by or under the control of the State Government.

(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 presentation of an address under sub-section (1) and for the investigation and proof of the misbehaviour or incapacity of the Ombudsman shall be as provided in the Judges (Inquiry) Act, 1968 in relation to the removal of a Judge and accordingly the provisions of that Act shall, mutatis mutandis, apply in relation to the removal of the Ombudsman as they apply in relation to the removal of a Judge.

(1) The Ombudsman shall have a Secretary, and such other officers and employees as the State Government may determine in consultation with the Ombudsman to assist the Ombudsman in the exercise of its powers and discharge of its functions under this Act. (2) The appointment and conditions of service of 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 be resorted to. (3) The Ombudsman may require the assistance of any officer of any State Government Department in order to ascertain the veracity of an allegation under investigation and such officer shall be bound to render such assistance in addition and without detriment to his official duties. (4) The Ombudsman may utilise the services of any person having experience and expertise in any particular subject in deciding the questions before it.

(1) The Ombudsman shall perform all or any of the following functions, namely,- (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 which corruption or maladministration of a public servant is alleged; (c) pass an order on the allegation in the following manner, namely,- (i) where the irregularity 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, direct the Panchayat/District Council, as the case may be, to give him compensation and to reimburse the loss from the person responsible for the irregularity; (iii) where the irregularity involves loss or waste or misuse of the fund of the Panchayat/District Council, as the case may be, realise such loss from those who are responsible for such irregularity; and (iv) where the irregularity is due to omission or inaction, cause 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 satisfied that such 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 corrupt practice for personal gain.

A time limit may be prescribed for the Ombudsman to complete its investigations into complaints by the State Government.

(1) The Ombudsman shall, for the purpose of any investigation or enquiry under this Act, have the same powers as are vested in a civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central 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; (iii) receiving evidence on affidavits; (iv) requisitioning any public records, or copy thereof from any court or office; (v) issuing commissions for the examination of witnesses; (vi) such other powers as are prescribed; (2) Where the Ombudsman finds that the allegation contained in a complaint is without any substance or trivial in nature it may by order direct the complainant to pay to the opposite party so much of the amount specified in the order by way of cost. (3) Where the allegation contained in a complaint is about the loss or waste or misapplication of the fund of the Panchayat/District Council or in respect of the loss or inconvenience caused to a citizen, the Ombudsman may, during enquiry, collect evidence, determine the loss 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) is not paid within the period specified by it, the same shall be recoverable by revenue recovery proceedings as if it were an arrear of land revenue.

(1) Notwithstanding anything contained in any other law, if any proceedings, filed and not disposed of under the said Act, before the constitution of Ombudsman as per the provisions of this Act, relate to a public servant or Panchayat/District Council as per the provisions of this Act, all 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) All cases, with regard to the loss, and misappropriation of any fund of the Panchayat/District Council, pending before the State Government or any other authority and disposed of just before the constitution of Ombudsman, the Ombudsman shall dispose of the cases in accordance with the provisions of this Act.

The Ombudsman shall have the power to investigate and recommend action in complaints or grievance regarding abuse of office, corruption, maladministration against the Panchayat/District Council or its members is alleged. In all such cases, Ombudsman shall send his report to the Governor for further action.

If the State Government feels that there is 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, etc., it should place the records before the Ombudsman for urgent investigation. In all such cases, the Ombudsman shall send his report to the Governor in a specific period.

(1) If, after an investigation or inquiry, the Ombudsman finds that there is a prima facie case against the accused involving a criminal offence, the Ombudsman may refer the complaint and the findings to a competent authority with recommendation to initiate prosecution. (2) The authority responsible for initiating such Prosecution shall conduct a detailed enquiry if necessary and charge a case.

(1) The Ombudsman may consider and dispose of complaints other than those involving criminal offences, in the following manner, - (a) award compensation to a citizen in case of loss or grievance; (b) order the recovery of loss caused to the Panchayat/District Council from the person responsible; (c) order the supply of omission or rectification of defects due to inaction; (d) order the recovery of loss from the accused failing which, order realisation through revenue recovery proceedings; (e) order other necessary remedial measures considering the facts and circumstances of the case. (2) Where the Ombudsman finds that the procedure or practice regarding the administration of Panchayat/District Council gives room for complaint, it may give suggestions to the State Government or the Panchayat/District Council relating to the measures for avoiding the recurrence of such complaint. (3) The Ombudsman shall give annually a detailed report regarding the performance of its functions under this Act to the State Government and the State Government shall lay it before the Legislative Assembly with an explanatory memorandum.

In case of complaints and grievances regarding corruption and maladministration against the Panchayat/District Council in general and its elected, nominated and ex-officio functionaries, the Ombudsman shall send its report to the Governor.

If there is disagreement with the recommendations of the Ombudsman in case of complaints and grievances regarding corruption and maladministration against the Panchayat/District Council in general and its elected functionaries, the Governor must place the reasons in the public domain.

The State Government may make rules in respect of the following matters, namely: - (a) The conditions of service of the Ombudsman and Ombudsman's staff; (b) The manner of filing complaints before the Ombudsman and the manner of filing cases either suo moto or on reference by State Government (c) The manner and procedure of conducting investigation; (d) Procedure for moving the appropriate authority for the initiation of prosecution; (e) Procedure to be followed during the enquiry, which as far as possible should be summary proceedings; (f) The manner of implementing the order of the Ombudsman and further proceedings; (g) Any other matter which the State Government may deem necessary to prescribe.