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,
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
eo estabHsh
a
.Local ?
?
ror Ure
purpose
or
i'nves6ga:tfng c::hiiuyes
of
c:on-updon
or
?Infs:t:radon
In
rura/
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
to
alt
rural
areas
ex
the
State
of'
Manipur
-
(3)
It: shall
come
into
force
on
such
date
as
the
State
Gclvemment
may,.
by
notification
in
the
Official
Gazette,.
appoint..
2.. DeftnitiOns.-
In
this
?
unless
there
is
anything
repugnant
in
the
subject
or
context
:
(a)
'a-
•ion"
means
action
·taken
? way
of dedsk)n,
recommendation,
resolution
or
finding
or
in
execution
thereof'
or
in·
exercise
of
admin.isb
ative
or
·Jegail
functions
In
any
other
manner
and
includes
wilful
default
in
taking
action
or
omission
and
aH ot:her expressions
connoting
such
action
shall
be
construed
accordingly;
(b)
?
allegation',.
-
(i)
in
relation
to
a pubuc
servant
means,
any
affirmation
t:hat
such
public
servant,
-

[
2
)
as
such
for
any
gain
or
any
,other
person
or
to
hardship
to
any
other
(a)
(b)
(c)
has
at>used
his pos::it:ion
favour
to
hlrnseff'
or
to
cause
undue
harm
or
person;
was
actuated
in
the
discharge
of'
his
such
public
servant::
by'
personal
improper
or
corrupt
mcrt;jv,eS;
_
is
guilty
of
?..
favourltiSm,
ladk
of'
integrtt.Y;
f'unctions
as
interest:
or
or
(d)
is
guilty
of
any
action
as
public
servant
vwhk:h
f'acl"Ji.t:ates
or
c:auses
to
make
any
losS,
wast:e
or
rnisappplicat:ion
of
money
or
other
property
d
the
Panchayat:sJDist:rict
Coundts;
(ii)
in
relatlon
t:o
Panc:hayat;/Disbiet:
Oouno't
means..
any
affinnat:ion
that
such
Panehayat:/DiStrlct
Council
has
clelautted
or
acted
in excess
d
tts
piowers
in
the
discharge
of
tt:s
f'unctionS
imposed
on
it:
by
law
or
in
implementing
the
lawful
orders
and
direct:jons
of'
the
State
Government;
(c)
'c:::IOlll'Dplaint"'
means
a
st;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
suo
moto
enqulry
has
been
pn::,posed
or
?
for
enquiry
has
been
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)
or
under
the
PreVentiOn
of'
Corruption
Ad:..
1968
(Cent:ral
Act
49
d
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
from
t: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<en
or
purporting
to
have
been
taken
in
the
e,cerc;ise
d
adrninisb
atfve
fu.nctJon
in
any
case,.
-
{i)
where
such
actiOn,
adrnirdSb
at:ive
procedure
or
practice
governing
such
ac::tion
is
unreasonable,
unjust;.
oppressive,
cftscriminab:>ie'Y
or
nepot:ic
and
will
result
in
Ulegtt:imate
gain
or
loss
or
in
deny!ing
deserving
benefits;
or
(ii)
where
t:hiere
is
wilful
negligence
or
delaY
in
taking
such
action,
or
the
adrninist:r
atiVe
proca:ture
or
method
regulating
such
.acti<>n
vml
c::ause
undue
delay
and
includ.es
the
action
leading
to
·1oss
or
wasb:!:
or
misUSe
or
fund
by
malf'ea,sance
or
?nee;

[
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 or
an
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,
and
under
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 for
the
disposal
of
complaints
in
accordance
with section
17.

(
4
]
(2)
The Ombudsman
shall
be
a
.single
member
body
appointed
by
the Governor
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
of
the
Opposition
in
the
Legislative
Assembly.
(3)
The
Ombudsman
shall
be
selected
from a
panel
of
retlred
.Judges
of
High
Courts.
(4)
A
person
appointed
to
be
the
Ombudsman shaU,
before
he enters
upon
office,
make
and
subscr1be
before
the Governor
or
some
person
appointed
in
that
behalf
by
htm,
an
oath
or
.affirmation
according
to
the
form
prescribed.
4. Term
of office
and
coodiitions
of
Service
of
the
Ombudsman
-
(1)
A
person
appointed
as
Ombudsman
shaH
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
shaH
be
entitled
for
salary
and
aJtowances
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
Govemment
or
fn
any
corporation,
cornparw,
society
or
university
by
or
under
the
control
of
the
State,
Govemment
s.
Removal
of
Ombudsman
-
(
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
presentatkln
of an
address
under
sub-section
(1)
and
for
the
investigation
and
proof
of
the
miSbehaviour
or
Incapacity
of the
Ombudsman
shaU
be
as
provided
in
the
J,udges
{Inquiry)
Act,.
1968
in
refation
to
the removal
of
a
Judge
and
accordingly
the
proviSions
of
that
Act
shallr
mutatis
mutandiS,.
apply
in refatiOn
to
the
removal
of the
Ombudsman
as
they
apply
in
relatkln to
the
removal
of
a Judge.

[
5
]
6.
Staff
of
Ombudsinan
-
(1)
The
Ombudsman
shaH
have
a
Secretary.,
and
such
other
officers
and
employees
as
the
Staie
Government
may
determine
in
consuttauon
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
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
be
resorted
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
ailegatfon
under
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
experience
and
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
is
due
to
omission
or
Inaction,
ceuse
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
satisFted
that
much
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 con-upt
practice
for
personal
gain.
8.
Tinte
limit
for
investigation
of
complaints ..
-
A
time
limit
may
be
prescribed
for
the
Ombudsman
to
complete
its
Investigations
lnto
complaints
by
the State
Government.
9.
PoWerS
of
the
Ombudsman.
-(1)
The
Ombudsman
shaill,
for
the
purpose
ot
any
Investigation
or enquiry
under
this
Act,
have
the
same
powers
as
are
vested
in
a
avil
Court
while
trying
a
suit
under
the
Code
of
Civil
Procedure,.
.1908
(Centr.i:N
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;
(iU)
rec;eiVing
evidence
on
affidavits;
(rv)
requisitionrng
any
pubic
records,,
or
copy
thereof
from
any
court or
office;
(v)
issuing
commissions
for
the.examinati()n
of
witnesses;
(vi)
such other
powers
as are
prescribed;
(2)
Where
the
OmbUdsman
finds
that
the
aHegatiOn
contained
In
a
complaint
is
\l'lllthout
any
substance or
triviaf
in
nature
It
may
by
order
direct
the
complainant
to
pay
to
the
opposite
party
so
much
ot
the
amount specified
in
the
order
by
way
of
cost.
(3)
Where
the
alleg.atfon
contained
in
a
complaint
is
about
the
loss or
waste
or
mfsapplieation
of
the
fund
of
the
Panchayat/Distrlct
<;:ouncil
or
in
respect
of
the
loss or
inconvenience
caused
to
a
citizen,
the
Ombudsman
may,
during
enquiry.,
collect
evidence,.
detennine
the
toss
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)
lS
not:
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
the
same
to
the
complainant
(2)
If,
the
Ombudsman
is
of
opinion
that:
there
is
a
prima
fade
case
against
the
person
or
the
Panchayat/Disb1ct
Coundl complaiined
of,
it
shall
record
its
ftndngs
to
this
effect
and send
nonces
of
the
proposed
enquiry
to
the
complainant
and
to
the
opposite
party.
(3)
Toe
Ombudsman
shall, subject
to
the
provisions
of
this
Act
and
the
rules
made
thereunder,
have
.power
tt;>
regulate
its
procedures
by
fixing
the time
and
pt-ace
of
sitting.
(4)
In
any
proceedings
before
the
Ombudsman,
no
legal
practitioner
-wtH
be
permitted
to
represent
.any person,
unless
the
Ombudsman .permits,
by
an
order,
a
person
to
be
represented
by
a legal
practit:iOner
for reasons
to
be
recorded.
13.
Existing
cases
to
be
tra.nsfetted
t:o
Ombudsman.-
(1)
Notwithstanding
anything
contained
In
any
other
·law,
if
any
proceedings,.
fifed
and
not
disposed
of
under the
said
Act,.
before
the
constitution
of
Ombudsman
as
per
the
provisk>ns
.of
this
Act,
retate
to
a
public
servant
or
Pand1ayat/D1strict
Cooocil as
per
the
provisions
of this
Act,
aH
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)
AH
cases,
wfth
regard
to
the
toss,
and
misappropriation
of
any
:1and
of the
Panchayat/Dtstr1ct
Counol,
pending
before
the
State
Government
or
any
other
authority
and
disJX)Sed
of
just.
before
the
constitution
of
Ombudsman,
the
Ombudsman
shall
dispose
of
the
cases
in
accordance
with
the
provisions
ot
this
Act.
14. Power to, investigate
and
recom,nend
action
In
certain
cases.-
The
Ombudsman
shall
have
the
power
to investigate
and
recommend
action
fn
complaints
or
grievance
regarding
abuse
of
offi.ce,
corruption,
maladministration
against
the Panchayat/OiStrict
Council
or
its
members
is
alleged?
In
an
such
cases,
Ombudsman
shall
send
his
report
to
the
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
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,
eec.,
:it
should
place
the
records
before
the
Ombudsman
for
urgent
investigation.
In
au
such
cases,
the Ombudsman
shaH
send
his
report
to
the
Governor
in
a specific
period.

[
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
give
suggestions
to
the
State
Government
or
the
PanchayatJDistrict:
Council
raaong
to
the
measures
for
avokfing
the
rea.rrrence
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
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
Ombudsman
shall
send
its
report
to
the
Governor.
19.
Reasons
for
disagreement
wft:11
the
report
to
be
·placal
in
public
domain.-
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
in
respect
of
the
following
matters
..
namely:
-

[ 10]
(a)
The conditiOns
of
service
of
the
Ombudsman
and
Ombudsman1s
staff;
(b)
The
manner
of
filing
complaints
before the
Ombudsman
and
the
manner or
fUing
cases
efther
suo
moto
or
on
reference
by
State
Government
(c)
'The
manner
and
procedure
of
conducting
investigation;
(d)
Procedure
for
moving
the
appropriate
authority
fu<"
the
initiation of
prosecution;
(e)
:Procedure
to
be followed
during
the
fnquiry,
whicti
as
far
as
possible
should
be
summary
proceedings;
(f)
The
manner
of
impJernentlng
the
order
of
the
Ombudsman
and
further
proceedings;
(g)
Any
other
matter
which
the
State
Government
may
deem
necessary
to
prescribe.
TH.
KAMIN!
KUMAR
SINGH,
Joint
Secretary
(Law),
Government
of
Manipur.
Printed
at
the
Directorate
of
Printing
&
Stationery,
Govt.
of
Manipur/305-C/l-4-2013.

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