CHAPTER 3:07
OMBUDSMAN

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
APPOINTMENT OF OMBUDSMAN AND STAFF

   3.   Terms and conditions of the appointment of the Ombudsman

   4.   Staff of the Ombudsman

PART III
DUTIES AND FUNCTIONS OF THE OMBUDSMAN

   5   Duties and functions of the Ombudsman

   6.   Powers of the Ombudsman

   7.   Laying of complaints, etc.

   8.   Remedies

PART IV
MISCELLANEOUS

   9.   Reports of the Ombudsman

   10.   Preservation of secrecy

   11.   Limitation of liability

   12.   Expenditure in connexion with the functions of the Ombudsman

   13.   Offences and penalties

   14.   Rules

17 of 1996

An Act to define and prescribe the powers, duties and functions of the Ombudsman, and to provide for matters incidental thereto or connected therewith

[12TH JULY 1996]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Ombudsman Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “organ of Government” includes the State, and any local authority, board, commission, committee, corporation, body or institution established or instituted by or under any written law.

   “Public Appointments Committee” means the Public Appointments Committee established under section 56 (7) of the Constitution.

PART II
APPOINTMENT OF OMBUDSMAN AND STAFF

3.   Terms and conditions of appointment of the Ombudsman

   The appointment of the Ombudsman under section 122 of the Constitution shall be on terms and conditions to be determined by the Public Appointments Committee.

4.   Staff of the Ombudsman

   The Ombudsman shall in the performance of his functions under this Act be assisted by staff appointed by him for that purpose on terms and conditions to be determined by agreement with such staff.

PART III
DUTIES AND FUNCTIONS OF THE OMBUDSMAN

5.   Duties and functions of the Ombudsman

   (1) Subject to the Constitution, the Ombudsman shall inquire into and investigate in accordance with the provisions of this Act, and take such action or steps as may be prescribed by this Act on any request or complaint in any instance or matter laid before the Ombudsman in accordance with section 7 (1) or (2), and concerning any alleged instance or matter of abuse of power or unfair treatment of any person by an official in the employ of any organ of Government, or manifest injustice or conduct by such official which would properly be regarded as oppressive or unfair in an open and democratic society.

   (2) Without derogating from the provisions of subsection (1), any request or complaint in respect of any instance or matter referred to in that subsection may include any instance or matter in respect of which it is alleged—

   (a)   that any decision or recommendation taken or made by or under the authority of any organ of Government or any act or omission of such organ is unreasonable, unjust or unfair, or is based on any practice which may be deemed as such;

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