The Manipur Municipality Ombudsman Act, 2013

MANIPUR GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
N0. 1 Imphal, Monday. April 1, 2013 (Chaitra 11, 1935)
GOVERNMENT .OF MANIPUR
SECRETARIAT ; LAW & LEGISLATIVE AFFAIRS DEPARTMENT
NOTIFICATION
Imphal, the 26th March, 2013
No. 2/18/2013—Leg/L : The following Act of the Legislature, Manipur which received assent of
the Govemor of Manipur on 26th March, 2013 is hereby published in the Official Gazette :
THE MANIPUR MUNICIPALITY OMB UDSMAN ACT, 20l3
(MANIPUR ACT NO. 3 OF 2013)
AN
ACT
to provide a Local. Government Ombudsman for the purpose of Investigating charges of corruption and
maladministration against the functionaries of urban local bodies. both elected members and officials
and recommend suitable action in the State of: Manipur.
Be it enacted by the Legislature of the State of Manipur in the Sixty-fourth Year of the Republic of
India as follows :
1. Short title, extent and commencement : .
(1) This Act may be called the Manipur Municipality Ombudsman Act, 2013.
(2) It extends to the whole of 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.
Definitions : In this Actt unless there is anything repugnant in the subject or context :
(_ 1) “action” means administrative 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 failure in taking action or omission to act and all
other expressions relating to such action shall be construed accordingly;
IQ

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(2) “allegation”
(a) in relation to a public servant means, any affirmation that such public servant;
(i) hasabusedhisposiflmforanygamcrfavourtommseiforto
anyofiaermmmmatsemharmorhmipmaw
Wm;or
(ii) was actuated mmdisdzargeofhisfmcflawsassuch public
mntbypersonaimmtorfinpmperormmm;or
(138$ guilty of “nation, favoufifism, mpotisn or tad of integrlty;
(Ivjisgufltycfanyacfionasptflicmtmmdmor
causestzomakeanym,wasteormwuflonofmneyor
mmdfiemflmiw.
(b) in relation": to a Win? mans am»r a‘firmation that such
mummcmyhasdefauitedoracxedhexcmofitspowasmme
Mtgeofitsmimposedmitbyiawormimthgme
msmammmflmwm;
(3)"compiaim‘ mans a statement of aiiegation that a pubiic senent of a
munidpatityisgnfltyufcomxptbnormaladmafistrafionand indudesany
refmtoan aiminrespeaofwfidtszDWermlry hasbeen
pmposedorrecommendafionforenquiyhasbeenmadebycovemment;
(4) ”Won” Wanytmng punishable under Chapter X of the Indian
Penal Code (Central M45 0:13am: unda the Prevention ofCorruption
Act, 3388 (Central Act 49 1988);
{5) “mministmfion' mus acting“: taken or Wm; In fume been
takenmmeexa’dsedadnfinmaflvefum hamcasewnere
(i) and: m, ammmwe prooamre or :3:an governing such
action is Burma, mm 0W, dWmmam or nepotic
and will make ffiagifimate gain or loss or win deny deseming benefits;
or
(ii) there is mm nagfigence or data: in taking such action, or the
mimafivepmcedureormethodregmafingsudnadmwmm
unduadelayandindudesmeacfimleadmmmorwasceor
misuse of fund by maxim 0r Mama.
(6) “ombudsman" means the Ombudsman referred to in section 3.
{7) ”public servant" maans an electecf member of the munia‘pafity including
its Grairpersm or an empm‘ee or m under the munidpalftyand

[3]
Wananpbyeeumofanyofibeorimfimumedm
filemnidwfity;
.
(8)‘Wmeansthe$eaem0fme0mbudsmanremedtoln
sections;
(9) ‘W W means an m authorised by {he
Wtomminmgatmmrespedofanafiegafionor
Wat.
'
3. Appdnhmtofmm:
(1)1112 Governr shafLon mammofmemmm, appointa person
asOmtsmnan:
vaidad that the person apminted as Ombudm shout! have held
fiepostofalndgeofaflightomt:
mmmmecmefmmmbeforemdedng advicetao
mWshalkwmuwaimeWafmeLegmmmww
mmmmmwwmwmmwdtm
State.
(2) A pawn appointed to be the WW9 513313, We entering upon
effingmakeandsubsmbebeforememmranoathoraffirmaflon
memasprmibed.
4.. Yaw-m otoffioeandwndfimsofmfimofiomm:
(1)9amnsappoinmda50rnmxismanshafibddafficeforamofflve
mrsfiargfiaedatemwhichheentasumnhfisofice;
Provided that.
(a) the Omtmdsman my, by writing Wider this hamfi warm to
the W, resign his office; and
(mthepersonsappomtedasomwsmanmayberemfmm
meinmmamerprescfibedmmms.
(2) "the salaries and almances payabie no, and other m and
mm of the service of the Ombudsman shait be, m as, my
beprwcdhedbymsmmnmem.

5.
[4]
{3) Onexpiryafhistaermofomceasmmmsmamhamnnotbe
eagibie for re-appointmmt as OWWn.
.
mam:
(1)1?1e0mbumanshafinotberemedmhisoflficemptbyan
ordercfmeewemor,passadaflaeranaddressbyfi1esm
Legislamre,amportedbyamiorityofmetataimanbashipofthe
Homagmbeenmdtomemmmmemmfor
such mat, on mgrmndofprmed misbehavmror incapacity.
(2}Theprocedureofmepresamtationofan addressunderwb—secfion (1}
and fortheinmfigaflm and ptoofofme flashehaviouror incapadty
omeOmbudsmanshaflbeasmvidedinmeludgsamuirflm,
1968inre£atioc1totmmdameandaccadngythe
mmammmitmmmutam,apmmmmme
mainfthembudsmanasmeyappiyinremionmmremovaiof
am.
Staff of tho MWm
(1)1116Wfl5h39fi3V83W,aMsmhotheroffmsand
emptoyeas as the W my detamine to assist the
OmbudsmanmmeememiseofitsmanddMargeofm
fummmism.
(2) The apmunent and mm of mice of we Secretary and the
mphyeesshafibesuchasmaybespedfiedbymemt
(3) The officers and other mpioyees Mamet! to tn sub-seam (1) shah
be under the administrative and cfisdpflnanr contra! of the
Wanao.
(4) Witfmu: prejudice to the: provisions of subsection (1), the
Bowman may for the purpose of (nominating tram under
this Act utiiize we service of:
(a) any officer or investigating agency of the State Went; or
(b) any other agamty
(S) The Ombudsman may requisition the services of any pawn having
expaieme and exoa'tm in any new sumac: in deciéing the
questions before it.

[5]
Functions at the 0mm“:
(1) The Ombudsman Shea perfonn at“: any of the fnliowirg {Ln-beams,
nameiy:
(a) invesugate into any aflegation contained in a mpiaint or on a
reference from Government, or that 1333 come to the notice of the
Ombudsman;
(b) enquire into any complaint 3:: which corruption or maiadministratm of
a public servant. of a local mmmmt Institution is aiieged;
(c) pass an order on the aimafim-m the foilming manner, mew:
(i) Where the irreguiarity 31mm 3 aimina! offence committed by a
pubiic want, the matter snail be referred to the agorapriate
mthority for investigation
(ii) Where the irregularity causes m or immvmience to a citizent
mm the munidpaffty to give him compensation and to reimburse
the {ass from the person responsibie for the irregularity;
(iii) Where the Irregularity invokes £055 or waste or misuse of the
fund of the iocai 9mm mm, direct the municipaiity to
reatise such tea from mse who are mnsibhe for such
irreguiarity, and
(iv) Where the irreguiarity is due to answer: or inaction, cause to
supply the mansion and {a rectify the mismke.
{2) In admfim to the functions enumerated ifi sub-section {1), the
Wm“ may pass fitterim order rmining the municipality
from doing anything detrimentai to the interest of the mpiainant if
it is 53W that much loss or injury wili be caused to the
comptainant due to the afleged act.
(3) The Ombudsman may by order, impasse penaity m addition to
‘
compensation if it (5 of opinfion that the irreguiarfty invoives corrupt
practice for persona! gain.
Pumas of the Ombudmn;
(1) The Ombudsman shafi, for the purpose of any investigation or enquiry
underthisAct,havethammepowersasarevestedlnaCivfiCourt
while twfng a suit under the Code of Civil Procedure, 1908 (Central
Act: v of 1908) in respect of the fotbwmg matters, namefy:

[6]
(a) summing and enforcing the attendance of any witness and
mmfnfing him;
(b) making the discovery and reduction of any documeniz;
(c) receiving evidence on affidavits;
(d)requis§tioninganyp®ficrmds,orcopyttaeoffromany
Courtoromce;
(e) magmmmmrfineexanmofwimess;
(f) mwia'powersasaeprmbed.
{2) Where the Ombudsman finds that the afiegafion contained in
mwmismammmormadaiinnamreamayby
am directtflemplahamto payto meoppositeparty an amnt
spedfiedmmmhywaydm
(3) Wheretieafiegation mandinacomplamwabouttheiossor
mempmafionoffiwfmdofmemwficipafityormrespect
of the toss o: fmmvenimca caused to a citim, the Ombudsman
my,durim may,ch evidence, mmmetheiossanddirect
masordermeamomtmberaisedfrommepasonraponsible.
(4)1fmeamomtmbe'padaspermea’derpmdbythe0mbudsman
unfiersuirsectionfi)ors:b—sectim(3)lsmtpaidwififinfl1epafiod
speciflwwmthesameshaflberemverablebyaevermeaecovew
Proceedingsasifltwe'emarrearoflandm.
9. MOB of WI: Department: The Government may, at the
ream of the 0mm, make availam me set-vim of cfficers and
W of the W induding poiicae personnei to assist the
Ombzxisman in the conduct of :33th and enquiry and in respect of
suchfunmssuchomcerorempbyeeshaflbedeemedmbetheofficea
anybyeeofmeOmbudma-L
immirestigaflnm
(I) TheOmbud‘sman mamaocommgmthenbvbiomofmisuawqm
into any complaintfised beforeitmda: thisAct.
(2) Notwimstanding anytifing mntainad in this Act, the Wmy
refer any aliegation of mpfim or mum against a
municmafity or a pub“: mwho is within its lambdge or brought:
toitsmficeofmeomnaadflwcmbmsraflmimmm
it as if it was a mptaint med W this Act.

[7]
(3) The Ombudsman may, on remipt of a complaint, conduct an
Winthemattarandwhaathmispfimafadecaseitmay
Wamfiedenqm.
(4) The (Amman shat; not mire mm mm rdaflng to:
(a)
(b)
(c)
(d)
any matter in respect. of which a W and pubfic enquiry has
beenorderedbyGovemen-ct;
anymttainrespoctofwhicharemedyisavafiablefrmm
Tribunais'formunlcipaifly;
anymMrespectofManenquiryhasbeenordered
under the Commission of Inquiries Act, 1952 (Centrai Mt 60 of
1952)oranymat¥aerpendingbefaeacowt;
anymotaimfibdamrfiiemryofmreemsfmmmedabe
onwhichmematteroompsamd against Mempiace:
Provided that the Ombudsman may entertain such
complaint if the complainant satisfies that be had sufficient
reason for not flfing the compiaint within the specified period.
11. Enquiry:
(1) Aka an investigation If the Ombudsman is safisfied that:
(a) the molamt is frivolous or vacations or is not made in
good faith; or
(23) time is no sufficient ground to inmate prooeefings; or
(c) other remedtes are avaéiame to the complainant and it
mold be more beneficiat for the mpiainant :30 mi; of
such remed§es in vbwofmecfrcumstamoftheoase, it
may dispose of the compiamt as rejeched after recording
its findings stating the reason therefore, and
municate me same so the mphinant.
(2:) If, the Ombudsnan is of opinion tint there is a prime-fade case
against the person or the ioca! government Institution complained
of it shafl record its f‘mdings to this effect and send notices ofthe
proposed enquiry to the mmpkainant and {:0 the opposite party.
(3) W Ombudsman shals, SLbjeck to the provisions of this Act and the
ram made there under, have power an reguiahe its motives by
fixing the time and piace of sitting.
(4) In any proceeangs before the ombudsman, no logo: practitioner
wilt be permitted to represent any paw, unit-2&9 the Ombudsman

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permits,oyanoroer,apersontoberepresentedbyaiegai
practitionerforreaoonstoberecorded.
12. Existing cases to be Muster-red mambudsman:
13‘
14.
{1)
(2)
Notwifiaanding anything oontakxad in any other law, if any
proceedings, filed and not dismsed of under the said Act, were the
maroon of Ombudsman as per the provisions of this Act, reiate
to a public servant or murfldmlity as per the mesons of this Act,
an cases with regard to wchpfooeedings shall be tmsferreo to the
Ombudsman and the Ombudsman shall decide the cases in
accordance with the provisions of this Act.
All oases, with rewrd to the loss, wastage and misappropriation of
any land a“ the municipality, pending before the Government or any
other authority and disposed of just before the constitufim of
Ombudsman and the Ombudsman shat! dispose of the cases in
accordance with the provisions of this Act.
Initiafion of Won:
(1)
(2)
If, after an investigation or moon-y, the Ombudsman finds that there
is a primawfade case against me accused Involvhg a criminal
offence, the Ombudmn may Me the complaint and the findings
to a competent authority with recommemlation to initiate
prosecm.
“me authorfty responsible for initiating such prosecution shail conduct
a detailed enquiry if neoeesary and charge a case.
Wof omnpiakats.
—
(1) The Ombudsman may consider and dispose of compiaints other than
those humming criminal offences, in the fohowing manner,
—
(an) award of cooper-seam, to a citizen in case of loss or
grievance;
(h) Greer the recovery of loss caused to the locaé government.
institution from the 98500 responsible;
(c) order the sum of mission or rectification of defects due
to motion;
(d) order the recovery of toss from the accused faiiing which,
order reaiisatioo through Woe Recovery Proceedings;
(e) order othe' necessary remedied measwes considering the
fans and cimumfianoes of the meet

15.
[9]
(2) Whereas the 0:13an finds that the procedure or practice
regarding the ministration of municipatity gives room for
compteint it may give suggestions to the Government or municipaiity
relating to the measwes for avoiding the recurrence of such
-
comaiadnt
(3') The Ombudsman shaft submit an annual! report regarding the
performance of its functions under this Act to the Government and
the Government shalt Kay it before the Leglsiattme Assembiy with an
expianatory memorandum.
‘
Powers to make nice:
The Government may make rules in respect of the foilmwing matters,
nameiyz-
(1) the salaries and allowances and other conditions of servioe of the
Ombudsman, his officers and staff;
V
(2) the form and me of fiiing complaints before the Ombudsman
and the manner of tilting cases either suo mote or on reference
by the State Government;
(3) the manner and procedure of omducting investigation;
(4) procedure for moving the aporomiate authority for the initiation
of prosecution;
(5) promdue to be, foibwed during the inquiry, which as far as
me, be summary proceedings;
(6) the mof implementing the order of the Ombudsman and
father promedings;
(7) any other matter which the Government may deem necessary to
pram’be.
TH. KAMINI KUMAR SINGH,
Joint Secretary (law), Government of
Manipur.
PT‘TISd at the Directorate of Printing & Stationery, Govt. of Manipur/300-C/ 1—4—20] 3.

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