Tamil Nadu Local Bodies Ombudsman Act, 2014
No: 24 Dated: Dec, 15 2014
Tamil Nadu Local Bodies Ombudsman Act, 2014
(Act No. 27 of 2014)
An Act to provide for the establishment of Ombudsman for conducting enquiry on the allegations against the elected members of the local bodies and the officers and employees working under the local bodies in the State of Tamil Nadu and for matters connected therewith and incidental thereto.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-fifth Year of the Republic of India as follows : -
1. Short title and commencement. - (1) This Act may be called the Tamil Nadu Local Bodies Ombudsman Act, 2014.
(2) It shall be deemed to have come into force on the 13th day of November 2014.
2. Definitions. - In this Act, unless the context otherwise requires, -
(1) "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 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 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 of the fund or other property of the local bodies; or
(v) has failed to act in accordance with the norms of integrity and conduct which ought to be followed by public servants of the class to which he belongs;
(b) in relation to a local body, means and includes any affirmation that such local body has defaulted or acted in excess of its powers in the discharge of its functions imposed on it by law or in implementing the orders and directions of the Government;
(3) "complaint" means a statement of allegation that a public servant or a local body is guilty of corruption or maladministration and includes any reference to an allegation in respect of which suo-motu enquiry has been proposed or recommendation for enquiry has been made by the Government;
(4) "corruption" includes anything punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1988;
(5) "Government" means the State Government;
(6) "incapacity" means physical or mental illness of a person or otherwise becoming unable to discharge his functions;
(7) "local body" means, -
(i) the Municipal Corporation of Chennai, Madurai, Coimbatore, Tiruchirappalli, Tirunelveli, Salem, Tiruppur, Erode, Vellore, Thoothukudi, Thanjavur, Dindigul or any other municipal corporation that may be constituted under any law for the time being in force; or
(ii) a Municipal Council constituted under the Tamil Nadu District Municipalities Act, 1920; or
(iii) a District Panchayat constituted under the Tamil Nadu Panchayats Act, 1994;
(8) "maladministration" means an 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 is unreasonable, unjust, oppressive, discriminatory or nepotic and will make illegitimate gain or loss or will deny 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;
(9) "misbehaviour" means, if the Ombudsman is, or becomes, in any way concerned or interested in any contract or agreement, made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof, or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company;
(10) "Ombudsman" means an authority for making enquiries in respect of charges on any action involving corruption or maladministration or irregularities in the discharge of administrative functions in accordance with the provisions of the relevant law, by the local bodies and public servants working under the local bodies and for the disposal of such complaint;
(11) "public servant" means an elected member of the local body including its Chairperson or Vice-Chairperson, Mayor or Deputy Mayor and includes the officers and employees working under the local body;
(12) "relevant law" means, -
(i) in the case of Chennai City Municipal Corporation, the Chennai City Municipal Corporation Act, 1919;
(ii) in the case of Madurai City Municipal Corporation, the Madurai City Municipal Corporation Act, 1971;
(iii) in the case of Coimbatore City Municipal Corporation, the Coimbatore City Municipal Corporation Act, 1981;
(iv) in the case of Tiruchirappalli City Municipal Corporation, the Tiruchirappalli City Municipal Corporation Act, 1994;
(v) in the case of Tirunelveli City Municipal Corporation, the Tirunelveli City Municipal Corporation Act, 1994;
(vi) in the case of Salem City Municipal Corporation, the Salem City Municipal Corporation Act, 1994;
(vii) in the case of Tiruppur City Municipal Corporation, the Tiruppur City Municipal Corporation Act, 2008;
(viii) in the case of Erode City Municipal Corporation, the Erode City Municipal Corporation Act, 2008;
(ix) in the case of Vellore City Municipal Corporation, the Vellore City Municipal Corporation Act, 2008;
(x) in the case of Thoothukudi City Municipal Corporation, the Thoothukudi City Municipal Corporation Act, 2008;
(xi) in the case of Thanjavur City Municipal Corporation, the Thanjavur City Municipal Corporation Act, 2013;
(xii) in the case of Dindigul City Municipal Corporation, the Dindigul City Municipal Corporation Act, 2013;
(xiii) in the case of Municipalities and Town Panchayats, the Tamil Nadu District Municipalities Act, 1920; and
(xiv) in the case of District Panchayats, the Tamil Nadu Panchayats Act, 1994;
(13) "Secretary" means the Secretary referred to in section 6;
(14) "State" means the State of Tamil Nadu.
3. Appointment of Ombudsman. - (1) There shall be an authority for the local bodies at State level to be known as "Ombudsman".
(2) The Governor shall, on the advice of the Chief Minister, appoint a person who has been an officer of the Government not below the rank of Principal Secretary to Government of Tamil Nadu as Ombudsman.
(3) A person appointed to be an Ombudsman shall, before entering upon his/her office, make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out in the Schedule.