Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Manipur - Section

Section 2 in Manipur Municipality Ombudsman Act, 2013

2. Definitions.

- In this Act, 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 willful failure in taking action or omission to act and all other expressions relating to such action shall be construed accordingly;
(2)"allegation"
(a)in relation to a public servant means, any affirmation that such public servant;
(i)has abused his position for any gain or favour to himself or to any other person or to cause undue harm or hardship to any other parson; or
(ii)was actuated in the discharge of Ms functions as such public servant by personal interest or improper or corrupt motives; or
(iii)Is guilty of corruption, fovourtism, nepotism or lade of integrity;
(iv)is guilty of any action as public servant which facilitates or causes to make any loss, waste cm- misapplication of money or other property of the municipality.
(b)in relation to a municipality means arty affirmation that such municipality 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 Government;
(3)"complaint" means a statement of allegation that a public servant of a municipality 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 Government;
(4)"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 1988);
(5)"maladministration" means action taken or purporting to have been taken in the exercise of administrative function in any case where
(i)such action, administrative procedure or practice governing such action is unreasonable, unjust, oppressive, discriminatory or nepotic and will make illegitimate gain or less or will deny deserving benefits; or
(ii)there is willful negligence or delay in taking such action, or the administrative procedure or method regulating such action which cause undue delay and includes the action leading to loss or waste or misuse of fond by malfeasance or misfeasance.
(6)"ombudsman" means the Ombudsman referred to in section 3.
(7)"public servant" means an elected member of the municipality including its Chairperson or an employee or officer under the municipality and includes an employee or officer of any office or Institution transferred to the municipality;
(8)"Secretary" means the Secretary of the Ombudsman referred to in section 6;
(9)"Investigating Officer" means an officer authorised by the Ombudsman to conduct investigation In respect of an allegation or complaint.