Amendment status not verified — confirm the current text below against the official source.
PoWerS of the Ombudsman. -(1) The Ombudsman shaill, for the purpose ot any Investigation or enquiry under this Act, have the same powers as are vested in a avil Court while trying a suit under the Code of Civil Procedure,. .1908 (Centr.i:N Act V of 1908) in respect of' the following matters,. namely, - (i) summoning and enforcing the attendance of any witness and examining him; (ii) requiring the discovery and production of any document; (iU) rec;eiVing evidence on affidavits; (rv) requisitionrng any pubic records,, or copy thereof from any court or office; (v) issuing commissions for the.examinati()n of witnesses; (vi) such other powers as are prescribed; (2) Where the OmbUdsman finds that the aHegatiOn contained In a complaint is \l'lllthout any substance or triviaf in nature It may by order direct the complainant to pay to the opposite party so much ot the amount specified in the order by way of cost. (3) Where the alleg.atfon contained in a complaint is about the loss or waste or mfsapplieation of the fund of the Panchayat/Distrlct <;:ouncil or in respect of the loss or inconvenience caused to a citizen, the Ombudsman may, during enquiry., collect evidence,. detennine the toss and direct in its order the amount to be realised from the .person responsible. (4) If the amount paid as per the order passed by the ombudsman under sub-section (2) or sub-section (3) lS not: paid within the period specified by It, the same shall be recoverable by revenue recovery proceedings as if it were an arrear of iand revenue. [ 8 ] after recording its findings :Stating the reason therefor, and communicate the same to the complainant (2) If, the Ombudsman is of opinion that: there is a prima fade case against the person or the Panchayat/Disb1ct Coundl complaiined of, it shall record its ftndngs to this effect and send nonces of the proposed enquiry to the complainant and to the opposite party. (3) Toe Ombudsman shall, subject to the provisions of this Act and the rules made thereunder, have .power tt;> regulate its procedures by fixing the time and pt-ace of sitting. (4) In any proceedings before the Ombudsman, no legal practitioner -wtH be permitted to represent .any person, unless the Ombudsman .permits, by an order, a person to be represented by a legal practit:iOner for reasons to be recorded.