The MIZORAM (ESTABLISHMENT OF INDEPENDENT LOCAL BODY) OMBUDSMAN ACT, 2011

The Mizoram GazetteEXTRA ORDINARY
VOL - XL    Aizawl,    Friday     15.7.2011      Asadha     24,   S.E.   1933,   Issue  No. 296
Published by Authority
RNI No. 27009/1973                    Postal Regn. No. NE-313(MZ) 2006-2008 Rs. 1/- per page
NOTIFICATION
No.H.12018/219/2011-LJD, the 15st July, 2011.  The following Act of the Mizoram Legislative Assembly
which received the assent of the Governor of Mizoram is hereby published for general information.
THE MIZORAM (ESTABLISHMENT OF INDEPENDENT LOCAL BODY)
OMBUDSMAN ACT, 2011 (Act No. 8 of 2011)
{Received the assent of the Governor of Mizoram on the 15th July, 2011}
AN
ACT
to look into complaints of corruption and maladministration against the functionaries of Local Bodies,
and to recommend suitable action.
It is enacted by the Legislative Assembly of Mizoram in the Sixty Second year of Republic of India
as follows :-
PRELIMINARY
1. Short title, extent and commencement –
(1) This Act may be called The Mizoram (Establishment of Independent Local Body) Ombudsman
Act 2011.
(2) It shall extend to the whole of the state of Mizoram.
(3) It shall come into force on such date or dates and in such area or areas as the state Government
may, by notification, appoint.
2. Definitions -
(1) For the purpose of this Chapter, -
(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 willful default in taking action or omission and all other expressions
connoting such action shall be construed accordingly;
(b) ‘Allegation’, -
(a) in relation to a public servant means, any affirmation that such public servant, -
(i) has abused his position as such for any gain or favor to himself or to any
other person or to cause undue harm or hardship to any other person;
(ii) was actuated in the discharge of his functions as such public servant by
personal interest or improper or corrupt motives;
(iii) is guilty of corruption, favouritism, nepotism or lack of integrity;
(iv) is guilty of any action as public servant which facilitates or causes to make
any loss, waste or misappropriation of money or other property of the Village
Council.
(b) In relation to Village Council means any affirmation that such Village 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 Village
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 enquiry
has been made by the Government;
(d) ‘Corruption’ includes anything punishable under Chapter X of the Indian Penal
Code (Central Act 45 of 1860) or under the Prevention of  Corruption Act, 1988
(Central Act 49 of 1988);
(e) ‘Investigating officer’ means an officer authorized by the Ombudsman to conduct
investigation in respect of an allegation or complaint.
(f) ‘Maladministration’ means action taken or purported to have been taken in the
exercise of administrative function in any case, -
(i) Where such action, administrative procedure or practice governing such
action involves injustice, oppression, discrimination or nepotism and will
result in illegitimate gain or loss or in denying deserving benefits; or
(ii) Where there is willful 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.
(g) ‘Ombudsman’ means the ombudsman referred to in section 3;
(h) ‘Public Servant’ means an employee or officer under the Village Council or an
elected member of the Village Council and includes an employee or officer of
any office or institution transferred to the Village Council under the provisions of
this Act;
(i) ‘Secretary’ means the Secretary of the Ombudsman referred to in section 6;
(j) ‘State’ means the state of Mizoram.
3. ESTABLISHMENT AND APPOINTMENT OF OMBUDSMAN.-
(1) There shall be an authority for Village Councils constituted for the state 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 Village
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Councils and Public Servants working under them, in accordance with the provisions of this
Act and for the disposal of complaints in accordance with section 17.
(2) The Ombudsman shall be a single member body appointed by 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. The Ombudsman shall be selected from a panel of
eminent persons of impeccable integrity and shall not be a serving State Government official.
(3) A person appointed to be the Ombudsman shall, before he or she enters upon his 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.
4. TERM OF OFFICE AND CONDITIONS OF SERVICE OF THE OMBUDSMAN.-
(1) A person appointed as Ombudsman shall hold office for a term of three 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 may be
fixed by the State Government from time to time.
(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.
5. REMOV AL 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 and by a majority of not less than three-fifth of the members of the
Legislative Assembly present and voting, has been presented to the Governor in the same
session for such removal, on the ground of proved misbehavior or incapacity.
(2) The procedure for the presentation of an address under sub-section (1) and for the investigation
and proof of the misbehavior or incapacity of the Ombudsman shall be in accordance with the
provisions of law made by the Legislative Assembly.
6. STAFF OF OMBUDSMAN.-
(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.
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(4) The Ombudsman may utilize 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 all or any of the following functions, namely: -
(a) Investigate into any allegation contained in a complaint or on a reference from the 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
or a Village Council 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 Village
Council 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 Village
Council, realize 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 Village 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 the
opinion that the irregularity involves corrupt practice for personal gain.
8. TIME LIMIT FOR INVESTIGATION OF COMPLAINTS.-
A time limit may be prescribed for the Ombudsman to complete its investigations into complaints by
the State Government.
9. POWERS OF THE OMBUDSMAN.-
(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: -
(a) summoning and enforcing the attendance of any witness and examining him;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public records, or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses;
(f) 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 misappropriation of
the fund of the Village Council or in respect of the loss or inconvenience caused to a citizen,
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the Ombudsman may, during enquiry, collect evidence, determine the loss and direct in its
order the amount to be realized from the person responsible.
(4) If the amount to be 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 arrears of land revenue.
10. SERVICE OF STATE GOVERNMENT DEPARTMENTS.-
The State Government may, at the request of the Ombudsman make available the services of officers
and employee of the State Government including police personnel to assist the Ombudsman in the
conduct of investigation and enquiry and in respect of such functions such Officer or employee shall
be deemed to be the officer or employee of the Ombudsman.
11. INVESTIGATION.-
(1) The Ombudsman may, according to the provisions of this Act, enquire into any complaint filed
before it under this Act.
(2) Notwithstanding anything contained in this Act the State Government may refer any allegation
of corruption or maladministration against a Village Council or a public servant which is within
its knowledge or brought to its notice, to the Ombudsman and the Ombudsman shall enquire
into it as if it was a complaint filed under this Act.
(3) The Ombudsman may, on receipt of a complaint, conduct an investigation in the matter and
where there is prima facie case it may conduct a detailed enquiry.
(4) The Ombudsman shall not enquire into matters relating to, -
(a) any matter in respect of which a formal and public enquiry has been ordered by State
Government;
(b) any matter in respect of which an enquiry has been ordered under the Commission of
Inquiries Act, 1952 (Central Act 60 of 1952) or any matter pending before a court;
(c) any complaint filed after the expiry of three years from the date on which the matter
complained against has taken place:
Provided that the Ombudsman may entertain such complaint if the complainant satisfies that he had
sufficient reason for not filing the complaint within the specified period.
12. ENQUIRY.-
(1) After an investigation if the Ombudsman is satisfied that, -
(a) the complaint is frivolous or vexatious or is not made in good faith; or
(b) there is no sufficient ground to initiate proceedings; or
(c) other remedies are available to the complainant and it would be more beneficial for the
complainant to avail of such remedies in view of the circumstances of the case, it may
dispose of the complaint as rejected after recording its findings stating the reason
therefore, and communicate the same to the complainant.
(2) If, the Ombudsman is of opinion that there is a prima-facie case against the person or the
Village Council complained of, it shall record its findings to this effect and send notices of the
proposed enquiry to the complainant and to the opposite party.
(3) The Ombudsman shall, subject to the provisions of this Act and the rules made there under,
have power to regulate its procedures by fixing the time and place of sitting.
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(4) In any proceedings before the Ombudsman, no legal practitioner will be permitted to represent
any person, unless the Ombudsman permits, by an order, a person to be represented by a legal
practitioner for reasons to be recorded in writing.
13. EXISTING CASES TO BE TRANSFERRED TO OMBUDSMAN.-
(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
chapter, relate to a public servant or Village 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, wastage and misappropriation of any land of the Village
Council, pending before the State Government or any other authority and not disposed of just
before the constitution of Ombudsman shall be disposed of by the ombudsman in accordance
with the provisions of this Act.
14. POWER TO INVESTIGATE AND RECOMMEND ACTION IN CERTAIN CASES.-
The Ombudsman shall have the power to investigate and recommend action in complaints or grievance
regarding abuse of office, corruption, maladministration against the Village Councils or its elected
members, or where suspension of any resolution passed by the Village Councils or dissolution of the
Village Councils is alleged. The State Government shall not have power to suspend or rescind any
resolution passed by the Village Councils or take action against the elected representatives on the
ground of abuse of office, corruption etc. or to supersede or dissolve the Village Councils. In all such
cases, Ombudsman will send his report to the Governor for further action.
15. STATE GOVERNMENT TO PLACE RECORDS BEFORE OMBUDSMAN IN CERTAIN
CASES.-
If the State Government feels that there is need to take immediate action against the Village Councils
or their elected representatives on one or more of the grounds of abuse of office, corruption etc., it
shall place the records before the Ombudsman for urgent investigation. In all such cases the
Ombudsman will send his report to the Governor in a specific period.
16. INITIATION OF PROSECUTION.-
(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.
17. DISPOSALS OF COMPLAINTS.-
(1) The Ombudsman may consider and dispose of complaints other than those involving criminal
offences, in the following manner, -
(i) Award compensation to a citizen in case of loss or grievance;
(ii) Order the recovery of loss caused to the Village Council from the person responsible;
(iii) Order the supply of omission or rectification of defects due to inaction;
(iv) Order the recovery of loss from the accused failing which, order realization through
Revenue Recovery Proceedings;
(v) 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
Village Council gives room for complaint, it may give suggestions to the State Government or
Village Councils relating to the measures for avoiding the recurrence of such complaint.
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Printed at the Mizoram Government Press,  Aizawl.   C/650
(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.
18. REPORT TO BE SENT TO GOVERNOR.-
In case of complaints and grievances regarding corruption and maladministration against the Village
Councils in general and its elected functionaries, the Ombudsman shall send its report to the Governor.
19. REASONS FOR DISAGREEMENT WITH THE REPORT TO BE PLACED IN PUBLIC
DOMAIN.-
If there is disagreement with the recommendations of the Ombudsman in case of complaints and
grievances regarding corruption and maladministration against the Village Councils in general and its
elected functionaries, the Governor must place the reasons in the public domain.
20. PROCEDURES TO BE PRESCRIBED.-
The State Government may make rules in respect of the following matters, namely: -
(i) The conditions of service of the Ombudsman and Ombudsman’s staff;
(ii) The manner of filing complaints before the Ombudsman and the manner of filing cases either
suo moto or on reference by State Government
(iii) The manner and procedure of conducting investigation;
(iv) Procedure for moving the appropriate authority for the initiation of prosecution;
(v) Procedure to be followed during the inquiry, which as far as possible should be summary
proceedings;
(vi) The manner of implementing the order of the Ombudsman and further proceedings;
(vii) Any other matter which the State Government may deem necessary to prescribe.
Sd/-
P. Singthanga,
Secretary,
Law & Judicial Department,
Govt. of Mizoram.
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