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State of Mizoram - Section

Section 2 in Mizoram (Establishment of Independent Local Body) Ombudsman Act, 2011

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 will ful 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 favour 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 will ful 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.