User:Abhirami Thirumeni T

OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS

Ombudsman is an independent quasi judicial authority which investigates the complaints against the local self governments as well as functionaries working under them. There shall be and authority for local self government institutions at state level known as Ombudsman for making investigations and enquiries in respect of charges on any action involving corruption or maladministration or irregularities in the discharge of complaints. The ombudsman for local self government institutions are provided under the Kerala Panchayati Raj act 1994.

Term of Office and Condition of Service (Sec. 271 G)

The governor on advice of the chief minister shall appoint the judge of a high court as ombudsman. The term of office of an ombudsman is 3 years. The ombudsman may resign his office before the expiry of term of office by writing to the governor or he shall be removed before the expiry of the term of office by section 271 H. The salary and allowances of an ombudsman is same as that of a high court judge. The Ombudsman is not eligible for reappointment on expiry of his term of office.

Removal of Ombudsman (Sec. 271 H)

An ombudsman may be removed on the ground of proved miss behaviour or incapacity. The state legislative assembly must address with support of a majority of total membership of the house and by two third majority of members present and voting, should make to the governor in writing for the removal of Ombudsman. the governor must make an order for removal further. The procedure for presentation of address and investigation and proof of misbehaviour or incapacity will be as per the provisions of law made by the legislative assembly.

Staff of Ombudsman (Sec. 271I)

Secretary and such other officers and employees shall be appointed by government in consultation with ombudsman to assist ombudsman to discharge his functions. The ombudsman may require assistance of any officer in the government department for investigation purpose and the officer is bound to render such assistance to the ombudsman. Ombudsman can utilise a service of any expertise or experience person for deciding the question before it.

Functions of Ombudsman (Sec 271 J)

The following are the functions of an ombudsman:

1.	To investigate on any allegation in complaint or on reference from the government order that has come to notice of the ombudsman.

2.	enquire into any complaint of corruption or administration of a public servant or local self government institution is alleged.

3.	Pass an order on allegation in the following manner:

•	Where the irregularity in was criminal offence committed by public servant matter may be referred appropriate authority for investigation.

•	When irregularity causes loss for inconvenience to citizen, direct local self government institution to pay compensation.

•	When irregularity involves loss or waste or misuse of fund of local self government institution, really such loss from those were responsible for such irregularity

•	Where the regularity is due to omission or an action, it may be directed to rectify the mistake.

4.	It may impose penalties in addition to compensation for corrupt practices for personal gain.

5.	The ombudsman may pass interim order to restrain local self government institutions from doing anything that may cause loss to complainant.

Powers of ombudsman (Sec 271K)

The ombudsman shall have the power of a civil court for all the purposes of investigation and enquiry in the following matters:

1.	Summoning and enforcing the attendance of any witness and examining him;

2.	Requiring the discovery and production of any document;

3.	Receiving evidence in affidavits;

4.	Requisitioning any public records, or copy thereof from any Court or Office;

5.	Issuing commissions for the examination of witness;

6.	Such other powers as are prescribed.

If the ombudsman finds that the complaint is without any substance, it may by order require complainant to pay cost to opposite parties. If the amount directed to be paid by ombudsman is not paid within the period specified by it, it shall be recovered by revenue recovery proceedings as if it were an area of land revenue. If the allegation was regarding loss or waste of fund or loss cost to the complainant, the ombudsman may order to realise the cost from the person responsible.

Investigation (Sec 271 M)

The ombudsman on receives of complaint contact investigation and where there is prima facie case it may conduct detail enquiry. If any matter is referred by government regarding allegation of corruption or maladministration of local self government institutions or public servant it shall be investigated as if it was a complaint filed under the act. The ombudsman shall not enquire matters relating to :

1.	Where a formal and public enquiry is ordered by government

2.	Where there is a remedy available from tribunal for local self government institutions

3.	Where an enquiry has been ordered on the Commission of Inquiries Act

4.	Complaint filed after expiry of 3 years provided that the ombudsman main detain if there is sufficient reason for not filing the complaint.

Enquiry (Sec. 271 N)

After investigation if the ombudsman finds that:

1.	The complaint is vexatious

2.	There is no sufficient ground

3.	Other Remedies are available, Then it may dispose the complaint has rejected after recording its findings and reasons ,and communicate it to the complainant. If he finds there is prima facie case it shall record its findings and send notices of proposed enquiry to both the parties. It has power to regulate its proceedings by fixing the time and place of sitting. A legal practitioner cannot represent any person in proceedings before an ombudsman but if the ombudsman permits by specifying reasons then a legal practitioner can be allowed.

Existing cases to be Transferred to Ombudsman (Sec. 271 O)

If any case was filed prior to the establishment of the ombudsman and it is not disposed, it can be transferred to the ombudsman.

Initiation of Prosecution (Sec. 271 P)

After investigation and enquiry if ombudsman feels that there is a prima facie case against accused of criminal offence he may refer the complaint and findings to a competent authority with recommendation to initiate prosecution. The competent authority may conduct a detailed enquiry if necessary and charge a case.

Disposal of Complaints (Sec 271 Q)

The ombudsman may disposed cases other than involving criminal offences as:

1.	Award of compensation for loss

2.	Order of recovery of loss caused to local self government institution from person responsible

3.	Order rectification on omission or in action

4.	Order recovery of laws on failure through revenue recovery proceedings

5.	Order other necessary remedial measures considering facts and circumstances of the case.

If the ombudsman feels the act of local self government institutions can create a complaint it can give suggestions on measures to avoid such recurrence of complaint. Ombudsman submits a detailed report annually to government and the government presents this report before legislative assembly with an explanatory memorandum.

Procedures to be Prescribed (Sec. 271 R)

The government may make rules in the following matters:

1.	Conditions of service of ombudsman

2.	Manner of filing complaint before the ombudsman

3.	The procedure of investigation

4.	The procedure for initiation of prosecution

5.	The procedure in enquiry

6.	Manner of implementing orders

7.	Any other matter which the government medium necessary to prescribe.

Hence, the ombudsman under the Kerala Panchayati Raj Act is an institution which is an independent quasi judicial authority which investigates the complaints against local self governments as well as functionaries working under them.