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State of Manipur - Section

Section 2 in Manipur Rural Local Bodies Ombudsman Act, 2013

2. Definitions.

- 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 expression 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 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;
(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, nepotism or lack of integrity;
(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 recommendation for enquiry has been made by State 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)'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 bodies' means Panchayat Raj Institutions arid 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, discriminatory 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;
(h)'Ombudsman' means the ombudsman referred to in section 3;
(i)'panchayat' means a panchayat constituted under the Manipur Panchayat 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 it) tuition transferred to or attached with the District Council/Panchayat under the provisions of the Manipur (Hill Areas) District Councils Act, 1971 and the Manipur Panchayat 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 Manipur.
(o)'State' means the State of Manipur.