Jammu and Kashmir Municipal Ombudsman Act, 2010
No: 20 Dated: Oct, 25 2010
THE JAMMU AND KASHMIR MUNICIPAL OMBUDSMAN ACT, 2010
(Act No. XX of 2010)
An Act to establish Municipal Ombudsman for the purpose of investigating charges of corruption or maladministration in Urban Local Government Institutions in the State.
Be it enacted by the Jammu and Kashmir State Legislature in the sixty- first Year of the Republic of India as follows : -
1. Short title and commencement. - (1) This Act may be called the Jammu and Kashmir Municipal Ombudsman Act, 2010.
(2) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.
2. Definitions. - (1) In this Act, unless the context otherwise requires -
(a) "Act" means the Jammu and Kashmir Municipal Ombudsman Act, 2010 ;
(b) "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 or 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 ;
(c) "allegation", -
(1) in relation to 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 person ; or
(ii) was actuated in the discharge of his functions as such public servant by personal interest, or improper or corrupt motives ; or
(iii) is guilty of corruption, favouritism, nepotism or lack of integrity ; or
(iv) is guilty of an action as public servant which facilitates or causes to make any loss, waste or misapplication of money or other property of the municipality.
(2) in relation to a municipality means any affirmation that such municipality has defaulted or acted in excess of its powers in the discharge of the functions imposed on it by law or in implementing the lawful orders and directions of the Government;
(d) "complaint" means a statement of allegation that a public servant or 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;
(e) "corruption" includes anything made punishable as punishable as such under Chapter IX of the Jammu and Kashmir State Ranbir Penal Code, Samvat 1989, or under the Jammu and Kashmir Prevention of Corruption Act, Samvat 2006 or any other law in force ;
(f) "Government" means the Government of Jammu and Kashmir;
(g) "grievance" includes a claim by a person that he sustained injustice or undue hardship in consequence of maladministration ; provided it shall not include any claim of an employee with respect to his service matter;
(h) "investigating officer" means an officer authorized by the Ombudsman to conduct investigation in respect of an allegation or complaint;
(i) "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 or practice governing such action is unreasonable, unjust, oppressive, discriminatory or nepotic and will make illegitimate gain or loss to any person or will deny any person the deserving benefits ; or
(ii) 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 ;
(j) "municipality" means a Municipal Corporation, a Municipal Committee or a Municipal Council constituted under the Jammu and Kashmir Municipal Corporation Act, 2000 or the Jammu and Kashmir Municipal Act, 2000, as the case may be ;
(k) "Ombudsman" means the Ombudsman appointed under section 3 ;
(l) "prescribed" means prescribed by rules made under this Act;
(m) "public servant" means a member of the municipality including a Mayor or President, Councilor, Ward Member, officer or employee of the municipality, or an officer or employee of any office or institution transferred to the municipality ;
(n) "Secretary" means the Secretary of the Ombudsman referred to in section 6 ;
(o) "Special Tribunal" means Special Tribunal constituted under the Jammu and Kashmir Special Tribunal Act,1988 ;
(p) "State Accountability Commission" means the State Accountability Commission constituted under the Jammu and Kashmir Accountability Commission Act, 2002.