Bare ActsOmbudsman for Local Self Government Institutions Kerala Panchayat Raj Act, 1994

Section 271G

[Term of office and conditions of Service of the Ombudsman.

Amendment status not verified — confirm the current text below against the official source.

(1) There shall be an authority for Local Self Government Institutions, at State Level known 'Ombudsman' for making investigations and 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 this Act by Local Self Government Institutions and Public Servants working under them and for the disposal of such complaint in accordance with Section 271 Q. (2) The Governor shall, on the advice of the Chief Minister, appoint a person who has held the post of a Judge of the High Court as Ombudsman. (3) A person appointed to be the Ombudsman shall, before he enter upon his office, make and subscribe before the Governor or some person appointed in that behalf by him, an oath or affirmation according to the form set out below:- "I, A. B. having been appointed as the Ombudsman for Local Self Government Institutions under the Kerala Panchayat Raj Act, 1994, do swear in the name of God/Solemnly affirm that I will bear true faith and allegiance to the Constitution of India and I will duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour, affection or ill-will". (4) A person appointed as Ombudsman shall hold office for a term of three years from the date on which he enters upon his office: Provided that,- (a) the Ombudsman may, by writing under this hand addressed to the Governor, resign his office; and (b) the person appointed as Ombudsman may be removed from his office in the manner provided in Section 271 H. (5) The person appointed as Ombudsman shall be entitled for salary and allowances as are admissible to a Judge of the High Court of Kerala. (6) On expiry of his term of office as Ombudsman, he shall not be eligible for re-appointment as Ombudsman or for further appointment to any office of profit under the Government of Kerala or in any corporation, company, society or university by or under the control of the Government of Kerala] Section 271G substituted by Act 12 of 2001, w.e.f 14/09/2001. Prior to the substitution it read as under: "271 G. Constitution, term of office and conditions of service of Ombudsman.- (1) The Government shall, by notification in the Gazette, constitute an authority for Local Self Government Institutions at State Level known by the name 'Ombudsman' with effect from the date specified therein for conducting investigations and enquiries in respect of any action involving corruption or maladministration or irregularities in the discharge of administrative functions in accordance with the provisions of this Act, by Local Self Government Institutions and public servants, working under them and for the disposal of such complaint in accordance with section 271Q. (2) The Governor shall, on the advice of the Chief Minister, appoint the members of the Ombudsman and the member referred in sub-section (3) holding or held the post of a High Court Judge shall be its Chairman. (3) Of the persons appointed as members of the Ombudsman.- (a) one shall be a person holding or held the post of a High Court Judge; (b) two shall be from judiciary holding the post of District Judges (c) two shall be officers not below the rank of a Secretary to Government; and (d) two shall be public men of repute having known integrity: Provided that the approval of the Chief Justiceof the High Court of Kerala shall be obtained for appointing as members of Ombudsman till they hold the post of High Court Judge or District Judge and for appointing Public men as members, the Leader of opposition of the Kerala Legislative Assembly shall be consulted. (4) A person appointed as a member of the Ombudsman for Local self Government Institutions shall, before entering office, make and subscribe before the Governor or a person authorised by him, an oath or affirmation as given below:- "I A, B, having been appointed as a member of the Ombudsman for Local Self Government Institutions under the Kerala Panchayat Raj Act, 1994, do swear in the name of God/solemnly affirm that I will bear true faith and allegiance, to the Constitution of India and I will duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour or affection or ill will." (5) Any member of the Ombudsman shall not be a member of Parliament or of any State Legislative Assembly and shall not hold any office (other than being a member) of faith or profit or do any business or engage in any work and accordingly a person other than High Court Judge or District Judge or Secretary to Government appointed as member shall, before entering his office,- (a) resign the membership of the Parliament or any State Legislative Assembly or Local Self Government Institution if he is such a member; (b) resign from the office of faith or profit if he is holding such an office; (c) resign from doing or supervising (except relinquishment of ownership) the business if he is doing a business; and (d) stop doing the work if he is engaged in any work. (6) A Person shall not be eligible for being appointed as a member of the Ombudsman if he was a member of a political party,- (a) immediately before the coming into force of this Act, in the case of first appointment, after such commencement; and (b) for five years immediately before the occurrence of vacancy in the case of subsequent appointment. (7) A person appointed as member shall hold office for, a term of five years from the data on which he enters upon, office of till the age of sixty five years whichever is earlier: Provided that,- (a) a member shall resign from his office by witting under his hand addressed to the Governor; and (b) a member shall be removed from his office as provided in Section 271 H. (8) A member, after ceasing hold office as such, shall not be eligible for re-appointment as member or for further appointment in any office of profit in any Corporation, Company, Society, or University under the control of the Government of Kerala. Explanation.-After ceasing to hold office of such member, taking over the office as High. Court Judge Or as District Judge of the Judiciary or as a Secretary to Government, shall not be deemed to be a reappointment in any office of profit as mentioned in this sub-section. (9) A member shall have the status equal to that of a Judge of High Court of Kerala and shall be entitled to get the same salary, allowances and pension and the same conditions of service shall be made applicable: Provided that the allowances and conditions of service of a member shall not be varied to his disadvantage after his appointment. (10) A vacancy in the Office of the Chairman or any member of the Ombudsman shall not invalidate the proceedings of the Ombudsman. (11) In the absence of Chairman, senior among the members appointed from District Judges shall exercise the powers and discharge the functions of the Chairman during the period of such absence.

Section 271G – Ombudsman for Local Self Government Institutions Kerala Panchayat Raj Act, 1994 | DailyLaw.ai