PUNJAB OFFICE OF THE OMBUDSMAN ACT 1997

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THE PUNJAB OFFICE OF THE OMBUDSMAN ACT, 1997 
(X of 1997) 
 
CONTENTS 
 
 
1.       Short title, extent and commencement 
 
2.       Definitions 
 
3.       Appointment of Ombudsman 
 
4.       Tenure of the Ombudsman 
 
5.       Ombudsman not to hold any other office of profit, etc 
 
6.       Terms and conditions of service and remuneration of Ombudsman 
 
7.       Acting Ombudsman 
 
8.       Appointment and terms and conditions of service of staff 
 
9.       Jurisdiction, functions and powers of the Ombudsman 
 
10.     Procedure and evidence 
 
11.     Recommendations for implementation 
 
12.     Defiance of recommendations 
 
13.     Reference by Ombudsman 
 
14.     Powers of the Ombudsman 
 
15.     Power to enter and search any premises 
 
16.     Power to punish for contempt 
 
17.     Inspection Team 
 
18.     Standing Committees, etc 
 
19.     Delegation of powers 
 
20.     Appointment of advisors, etc 
 
21.     Authorization of functionaries, etc 
 
22.     Award of costs and compensation and refund of amounts 
 
23.     Assistance and advice to Ombudsman 
24.     Conduct of business 
 
25.     Requirement of affidavits 
 
26.     Remuneration of advisors, consultants, etc 
 
27.     Ombudsman and staff to be public servants 
 
28.     Annual and other reports 
 
29.     Bar of jurisdiction 
 
30.     Immunity 
 
31.     Reference by the Government 
 
32.     Representation to Governor 
 
33.     Informal resolution of disputes 
 
34.     Service of process 
 
35.     Expenditure to be charged on Provincial Consolidated Fund 
 
36.     Rules 
 
37.     Act to override other laws 
 
38.     Removal of difficulties 
 
39.     Repeal 
 
SCHEDULES 
 
1.       FIRST SCHEDULE 
 
2.       SECOND SCHEDULE 
TEXT 
 
 
1
THE PUNJAB OFFICE OF THE OMBUDSMAN ACT 1997 
 
(X of 1997) 
 
 
 
An 
Act 
[1st July, 1997] 
to provide for the establishment of the office of Ombudsman in the Province of the 
Punjab. 
 
Preamble.– WHEREAS it is expedient to provide for the appointment of the Provincial 
Ombudsman for protection of the rights of the people, ensuring adherence to the rule 
of law, diagnosing, redressing and rectifying any injustice done to a person through 
maladministration and suppressing corrupt practices. 
 
It is hereby enacted as follows:– 
 
1.       Short title, extent and commencement.– (1) This Act may be called the 
Punjab Office of the Ombudsman Act 1997. 
 
(2)      It extends to the Province of the Punjab. 
(3)      It shall come into force at once. 
 
2.       Definitions.– In this Act, unless there is anything repugnant in the subject or 
context– 
 
(1) “Agency” means a Department, Commission or office of the Provincial 
Government or a statutory corporation or other institution established 
or controlled by t he Provincial Government but does not include the 
High Court and courts working under the supervision and control of the 
High Court, and the Provincial Assembly of the Punjab and its 
Secretariat. 
 
(2)      “maladministration” includes– 
 
(i)       a  decision,  process,  recommendation,  act  or  omission  or 
commission which– 
 
(a) is contrary to law, rules or regulations or is a departure 
from established practice or procedure, unless it is 
bonafide and for valid reasons; or 
 
(b) is  perverse,  arbitrary  or  unreasonable,  unjust,  biased, 
oppressive, or discriminatory; or 
 
(c)      is based on irrelevant grounds; or 
 
(d)      involves the exercise of powers or the failure or refusal to 
do so, for corrupt or improper motives, such as, bribery, 
 
 
 
 
1This Act was passed by the Punjab Assembly on 25th  June, 1997; assented to by the Governor of the Punjab on 27th  June, 
1997; and, was published in the Punjab Gazette (Extraordinary), dated 30th June, 1997 (pages 1015 to 1024). 
5 
jobbery, favouritism, nepotism and administrative excesses; 
and 
 
(ii) neglect, inattention, delay, incompetence, in efficiency and 
ineptitude, in the administration or discharge of duties and 
responsibilities; 
 
(3)      “Office” means the office of the Ombudsman; 
 
(4) “Ombudsman”  means  the  Ombudsman  for  the  Province  of  Punjab 
appointed under section 3; 
 
(5)      “Prescribed” means prescribed by rules made under this Act; 
 
(6)      “Public servant” means a public servant as defined in section 21 of the 
Pakistan Penal Code 1860, and includes a  Minister, Advisor, 
Parliamentary Secretary and the Chief Executive, Director or other officer 
or employee or member of an Agency; and 
 
(7) “Staff”  means  any  employee  or  commissioner  of  the  Office  and 
includes co-opted members of the staff, consultants, advisors, bailiffs, 
liaison officers and experts. 
 
3.       Appointment of Ombudsman.– (1) There shall be an Ombudsman, for the 
Province of Punjab who shall be appointed by the Government. 
 
(2)      An Ombudsman shall be a person who is, or has been or is qualified to be 
2 
a judge of the High Court [or any other] person of known integrity. 
 
(3)      Before entering upon office, the Ombudsman shall take an oath before 
the Governor in the form set out in the First Schedule to this Act. 
 
(4)      The  Ombudsman  shall,  in  all  matters,  perform  his  functions  and 
exercise his powers fairly, honestly, diligently and independently of the Executive 
and all executive authorities throughout the Province shall act in aid of the 
Ombudsman. 
 
4.       Tenure of the Ombudsman.– (1) The Ombudsman shall hold office for a 
3 
period of [four] years and shall not be eligible for any extension of tenure or for re- 
4 
appointment as Ombudsman under any circumstances [:] 
 
[Provided that a sitting Judge of the High Court working as Ombudsman may 
be called back by the competent authority before expiry of his tenure.] 
 
(2)      The  Ombudsman  may  resign  his  office  by  writing  under  his  hand 
addressed to the Governor. 
 
5.       Ombudsman  not  to  hold  any  other  office  of  profit,  etc.–  (1)  The 
Ombudsman shall not– 
 
2 Substituted for the words “and is” by the Punjab Office of the Ombudsman (Amendment) Act 2003 (III of 2003), w.e.f. 
10.2.2003, s.2; and published in the Punjab Gazette (Extraordinary), pages 271-272. 
3Substituted for the  word ‘three’ by the Punjab Office of the Ombudsman (Amendment) Act 2003 (III of 2003), w.e.f. 10.2.2003, 
s.3; and published in the Punjab Gazette (Extraordinary), pages 271-272. 
 
4Substituted for the “full-stop” by the Punjab Office of the Ombudsman (Amendment) Act 2003 (III of 2003), w.e.f. 10.2.2003, 
s.3; and published in the Punjab Gazette (Extraordinary), pages 271-272. 
5Added by the Punjab Office of the Ombudsman (Amendment) Act 2003 (III of 2003), w.e.f. 10.2.2003, s.3; and published in the 
Punjab Gazette (Extraordinary), pages 271-272. 
6 
(a)      hold any other office of profit in the service of Pakistan; or 
 
(b) occupy any other position carrying the right to remuneration for the 
rendering of services. 
 
(2)      The Ombudsman 
 
[, not being a sitting Judge of the High Court,] shall 
7 
not hold any office of profit in the service of Pakistan [* * *] before the expiration of 
two years after he has ceased to hold that office nor shall he be eligible during the 
tenure of office and for a period of two years thereafter for election as a member of 
Parliament or a Provincial Assembly or any local body or take part in any political 
activity. 
 
6.       Terms and conditions of service and remuneration of Ombudsman.– (1) 
The Ombudsman shall be entitled to such salary, allowances and privileges and 
other terms and conditions of service as the Government may determine and these 
terms shall not be varied during the term of office of an Ombudsman. 
 
(2)      The Ombudsman may be removed from office by the Government on 
the ground of misconduct or of being incapable of properly performing the duties of 
his office by reason of physical or mental incapacity. The Government shall provide 
8 
the Ombudsman a copy of charges before such an order [:] 
 
Provided that the Ombudsman, may, if he sees fit and appropriate to refute 
any charges, request an open public evidentiary hearing before a Division Bench of 
the High Court and if such hearing is not held within thirty days from the date of the 
receipt of such request or not concluded within ninety days of its receipt, the 
Ombudsman will be absolved of all stigma. In such circumstances, the Ombudsman 
may choose to leave his office and shall be entitled to receive full remuneration and 
benefits for the rest of his term. 
 
(3)      If the Ombudsman makes a request under the proviso to sub-section 
(2), he shall not perform his functions under this Act until the hearing before the High 
Court has concluded. 
 
(4)      An Ombudsman removed from office on the ground of misconduct shall 
not be eligible to hold any office of profit in the service of Pakistan or for election as a 
member of Parliament or a Provincial Assembly or any local body, unless a period of 
four years has elapsed since his dismissal. 
 
7.       Acting Ombudsman.– At any time when the office of Ombudsman is vacant, or 
the Ombudsman is absent or is unable to perform his functions due to any cause, the 
Government shall appoint an acting Ombudsman. 
 
8.       Appointment  and  terms  and  conditions  of  service  of  staff.–  (1)  The 
members of the staff, other than those mentioned in section 20 or those of a class 
specified by t he Government by order in writing shall be appointed by the 
Government in consultation with the Ombudsman. 
 
 
 
6Inserted by the Punjab Office of the Ombudsman (Amendment) Act 2003 (III of 2003), w.e.f. 10.2.2003, s.4; and published in 
the Punjab Gazette (Extraordinary), pages 271-272. 
7Omitted the words “or the Province” by the Punjab Office of the Ombudsman (Amendment) Act 2003 (III of 2003), w.e.f. 
10.2.2003, s.4; and published in the Punjab Gazette (Extraordinary), pages 271-272. 
8Misprinted in the Gazette as “full-stop”. 
(2)     It shall not be necessary to  consult the Provincial Public Service 
Commission for making appointment of the members of the staff or on matters 
relating to qualifications for such appointment and method of their recruitment. 
 
(3)      The members of the staff shall be entitled to such salary, allowances 
and other terms and c onditions of service as may be prescribed having regard to 
salary, allowances and other terms and conditions of service that may for the time 
being be admissible to other employees of the Provincial Government in the 
corresponding Basic Pay Scale. 
 
(4)      Before  entering  upon  office  a  member  of  the  staff  mentioned  in 
subsection (1) shall take an Oath before the Ombudsman in the form set out in the 
Second Schedule to this Act. 
 
9.       Jurisdiction,  functions   and  powers   of  the   Ombudsman.–  (1)  The 
Ombudsman may on a complaint by any aggrieved person, on a reference by t he 
Government or the Provincial Assembly, or on a motion of the Supreme Court or the 
High Court made during the course of any proceedings before it or of his own motion, 
undertake any investigation into any allegation of maladministration on the part of 
any Agency or any of its officers or employees: 
 
Provided that the Ombudsman shall not have any jurisdiction to investigate or 
inquire into any matters which– 
 
(a)      are sub judice before a Court of competent jurisdiction on the date of the 
receipt of a complaint, reference or motion by him; or 
 
(b)      relate to the external affairs of Pakistan or the relations or dealings of 
Pakistan with any foreign state or Government; or 
 
(c) relate to, or are connected with, the defence of Pakistan or any part 
thereof, the Military, Naval and Air Forces of Pakistan, or the matters 
covered by the laws relating to those forces. 
 
(2)      Notwithstanding anything contained in subsection (1), the Ombudsman 
shall not entertain for investigation any complaint by or on behalf of a public servant 
or functionary concerning any matters relating to the Agency in which he is, or has 
been, working, in respect of any personal grievance relating to his service therein. 
 
(3)      For  carrying  out  the  objectives  of  this  Act  and,  in  particular  for 
ascertaining the root causes of corrupt practices and injustice, the Ombudsman may 
arrange for studies to be made or research to be conducted and may recommend 
appropriate steps for their eradication. 
 
10.     Procedure  and  evidence.–  (1)  A  complaint  shall  be  made  on  solemn 
affirmation or oath  and  in writing  addressed  to  the  Ombudsman  by the  person 
aggrieved or, in the case of his death, by the legal representative and may be lodged 
in person at the Office or handed over to the Ombudsman in person or sent by any 
other means of communication to the Office. 
 
(2)      No anonymous or pseudonymous complaints shall be entertained. 
 
(3)      A complaint shall be made not later than three months from the day on 
which the person aggrieved first had the notice of the matter alleged in the complaint, 
but the Ombudsman may conduct any investigation pursuant to a complaint which is 
not within time if he considers t hat there are special circumstances which make it 
proper for him to do so. 
 
(4)      Where the Ombudsman proposes to conduct an investigation he shall 
issue to the principal officer of the Agency concerned, and to any other person who 
is alleged in the complaint to have taken or authorized the action complained of, a 
notice calling upon him to meet the allegations contained in the complaint, including 
rebuttal: 
 
Provided that t he Ombudsman may proceed with the investigation if no 
response to the notice is received by him from such principal officer or other person 
within thirty days of the receipt of the notice or within such longer period as may 
have been allowed by the Ombudsman. 
 
(5)      Every investigation shall be conducted informally but, the Ombudsman 
may adopt such procedure as he considers appropriate for such investigation and he 
may obtain information from such persons and in such manner and make such 
inquiries as he thinks fit. 
 
(6)      A person shall be entitled to appear in person or be represented before 
the Ombudsman. 
 
(7)      The Ombudsman shall, in accordance with the rules made under this 
Act  pay  expenses  and  allowances  to  any  person  who  attends  or  f urnishes 
information for the purposes of an investigation. 
 
(8)      The conduct of an investigation shall not affect any action taken by the 
Agency concerned, or any power or duty of that Agency to take further action with 
respect to any matter subject to the investigation. 
 
(9)      For the purpose of an investigation under this Act the Ombudsman 
may re quire any officer or member of the Agency c oncerned to furnish any 
information or to produce any document which in the opinion of the Ombudsman is 
relevant  and  helpful  in  the  conduct  of  the  investigation  and  there  shall  be  no 
obligation  to  maintain  secrecy  in  respect  of  disclosure  of  any  information  or 
document for the purposes of such investigation: 
 
Provided that the Government may, in its discretion, on grounds of its being a 
State secret, allow a claim of privilege with respect to any information or document. 
 
(10)  In any c ase where the Ombudsman decides not to conduct an 
investigation, he shall send to the complainant a  statement of his re asons f or not 
conducting the investigation. 
 
(11)    Save as otherwise provided in this Act, the Ombudsman shall regulate 
the procedure for the conduct of business or the exercise of powers under this Act. 
 
11.     Recommendations for implementation.– (1) If, after having considered a 
matter on his own motion, or on a complaint or on a reference by the Government or 
the Provincial Assembly, or on a motion by the Supreme Court or the High Court, as 
the case may be, the Ombudsman is of the opinion that the matter considered 
amounts to maladministration, he shall communicate his finding to the Agency 
concerned– 
 
(a)      to consider the matter further; 
(b) to  modify or cancel  the  decision,  process, recommendation, act or 
omission; 
 
(c)      to explain more fully the act or decision in question; 
 
(d) to take disciplinary action against any public servant of any Agency 
under the relevant laws applicable to him; 
 
(e)      to dispose of the matter or case within a specified time; and 
 
(f)       to take any other steps specified by the Ombudsman. 
 
(2)     The Agency s hall, within such time as may be specified by t he 
Ombudsman, inform him about the action taken on his direction or the reasons for 
not complying with the same. 
 
(3)      In  any  case  where  the  Ombudsman  has  considered  a  matter,  or 
conducted an investigation, on a complaint or on reference by the Government or the 
Provincial Assembly or on a motion by the Supreme Court or the High Court, the 
Ombudsman shall forward a copy of the communication received by him from the 
Agency in pursuance of sub-section (2) to the complainant or, as the case may be, the 
Government, the Provincial Assembly, the Supreme Court or the High Court. 
 
(4)      If, after conducting an investigation, it appears to the Ombudsman that 
an injustice has been caused to the person aggrieved in consequence of 
maladministration and that the injustice has not been or will not be remedied, he may, 
if he thinks fit, lay a special report on the case before the Government. 
 
(5)      If the Agency concerned does not comply with the recommendations of 
the Ombudsman or does not give reasons to the satisfaction of the Ombudsman for 
non-compliance, it shall be treated as “Defiance of Recommendations” and shall be 
dealt with as hereinafter provided. 
 
12.   Defiance  of  recommendations.– (1) If there is a ‘Defiance of 
Recommendations’ by any public servant in any Agency with regard to the 
implementation of a recommendation given by t he Ombudsman, the Ombudsman 
may refer the matter to the Government which may, in its discretion, direct the 
Agency to implement the recommendation and inform the Ombudsman accordingly. 
 
(2)      In  each instance of ‘Defiance of Recommendations’ a report by the 
Ombudsman shall become a part of the personal file or character roll of the public 
servant primarily responsible for the defiance: 
 
Provided that the public servant concerned had been granted an opportunity 
to be heard in the matter. 
 
13.     Reference by Ombudsman.– Where, during or after an inspection or an 
investigation, the Ombudsman is satisfied that any person is guilty of any allegations 
as referred to in subsection (1) of section 9, the Ombudsman may refer the case to 
the concerned authority for appropriate corrective or disciplinary action, or both and 
the said authority s hall inform the Ombudsman within thirty days of the receipt of 
reference of the action taken. If no information is received within this period, the 
Ombudsman may bring the matter to the notice of the Government for such action as 
he may deem fit. 
14.     Powers of the Ombudsman.– (1) The Ombudsman shall, for the purposes of 
this Act have the same powers as are vested in a Civil Court under the Code of Civil 
Procedure, 1908, in respect of the following matters, namely:– 
 
(a) summoning and enforcing the attendance of any person and examining 
him on oath; 
 
(b)      compelling the production of documents; 
(c)      receiving evidence on affidavits; and 
(d)      issuing commission for the examination of witnesses. 
 
(2)      The Ombudsman shall have the power to require any person to furnish 
information on such points or matters as, in the opinion of the Ombudsman, may be 
useful for, or relevant to, the subject-matter of any inspection or investigation. 
 
(3)      The powers referred to in sub-section (1) may be exercised by the 
Ombudsman or any person authorized in writing by the Ombudsman in this behalf 
while carrying out an inspection or investigation under the provisions of this Act. 
 
(4)      Where the Ombudsman finds the complaint referred to in sub-section 
(1) of section 9 to be false, frivolous or vexatious, he may award reasonable 
compensation to the Agency, public servant or other functionary against whom the 
complaint was made; and the amount of such compensation shall be recoverable 
from the complainant as arrears of land revenue: 
 
Provided that the  award  of  compensation under this subsection shall not 
debar the aggrieved person from seeking any other remedy. 
 
(5)      If  any  Agency,  public  or  other  functionary  fails  to  comply  with  a 
direction of the Ombudsman, he may, in addition to taking other actions under this 
Act, refer the matter to the appropriate authority for taking disciplinary action against 
the person who disregarded the direction of the Ombudsman. 
 
(6)      If the Ombudsman has reason to believe that any public servant or 
other functionary has acted in a manner warranting criminal or disciplinary 
proceedings against him, he may r efer the matter to the appropriate authority for 
necessary action to be taken within the time specified by the Ombudsman. 
 
(7)      The staff and the nominees of the Office may be commissioned by the 
Ombudsman to administer oaths f or the purposes of this Act and to attest various 
affidavits, affirmations or declarations which shall be admitted in evidence in all 
proceedings under this Act without proof of the signature or seal or official character 
of such person. 
 
15.     Power to enter and search any premises.– (1) The Ombudsman, or any 
member of the staff authorized in this behalf, may, for the purpose of making any 
inspection or investigation, enter any premises where the Ombudsman or, as the 
case may be, such member has reason to believe that any article, books of accounts, 
or any other documents relating to the subject-matter of inspection or in vestigation 
may be found, and may– 
 
(a) search such premises and inspect any article, books of accounts or 
other documents; 
 
(b)      take extracts or copies of such books of accounts and documents; 
(c)      impound or seal such articles, books of accounts and documents; and 
 
(d)      make  an  inventory  of  such  articles,  books  of  account  and  other 
documents found in such premises. 
 
(2)      all searches made under subsection (1) shall be carried out mutatis 
mutandis, in accordance with the provisions of the Code of Criminal Procedure, 1898. 
 
16.     Power to punish for contempt.– (1) The Ombudsman shall have the same 
powers, mutatis mutandis, as t he High Court has to  punish any person for its 
contempt who– 
 
(a) abuses, interferes with, impedes, imperils, or obstructs the process of 
the Ombudsman in any way or disobeys any order of the Ombudsman; 
 
(b) scandalises the Ombudsman or otherwise does anything which tends 
to bring the Ombudsman, his staff or nominees or any person 
authorised by t he Ombudsman in relation to his office, into hatred, 
ridicule or contempt; 
 
(c) does anything which tends to prejudice the determination of a matter 
pending before the Ombudsman; or 
 
(d)      does any other thing which , by any other law, constitutes contempt of 
Court: 
 
Provided that fair comments made in good faith and in public interest on the 
working of the Ombudsman or any of his staff, or on the final report of the 
Ombudsman after the completion of the investigation shall not constitute contempt of 
the Ombudsman or his Office. 
 
(2)     Any person sentenced under subsection (1) may, notwithstanding 
anything herein contained, within thirty days on the passing of the order, appeal to 
the High Court. 
 
17.     Inspection Team.– (1) The Ombudsman may constitute  an Inspection Team 
for the performance of any of the functions of the Ombudsman. 
 
(2)      An Inspection Team shall consist of one or more members of the staff 
and shall be assisted by s uch other person or persons as the Ombudsman may 
consider necessary. 
 
(3)      An  Inspection  Team  shall  exercise  such  of  the  powers  of  the 
Ombudsman as he may specify by order in writing and every report of the Inspection 
Team shall first  be  submitted  to  the  Ombudsman  with  its  recommendations for 
appropriate action. 
 
18.     Standing Committees, etc.– The Ombudsman may, whenever he thinks fit, 
establish standing or advisory c ommittees at specified places with specified 
jurisdiction for performing such functions of the Ombudsman as are assigned to 
them from time to time and every report of such committee shall first be submitted to 
the Ombudsman with its recommendations for appropriate action. 
 
19.     Delegation of powers.– The Ombudsman may, by order in writing, delegate 
such of his powers as may be specified in the order, to any member of his staff or to 
a standing or advisory committee, to be exercised subject to such conditions as may 
be specified and every report of such member or committee shall first be submitted 
to the Ombudsman with his or its recommendations for appropriate action. 
 
20.     Appointment of advisors, etc.– The Ombudsman may appoint competent 
persons of integrity as advisors, consultants, fellows, bailiffs, interns, commissioners 
and experts as well as ministerial staff with or without remuneration to assist him in 
the discharge of his duties under this Act. 
 
21.     Authorization of functionaries, etc.– The Ombudsman may, if he considers 
it expedient, authorise a District Judge or any agency, public servant or other 
functionary working under the administrative control of the Provincial Government to 
undertake the functions of the Ombudsman under subsection (1) or subsection (2) of 
section 14 in respect of any matter falling within his jurisdiction and it shall be the 
duty of the Agency, public servant or other f unctionary so authorised to undertake 
such functions to such extent and subject to such conditions as the Ombudsman 
may specify. 
 
22.     Award  of  costs  and  compensation  and  refund  of  amounts.– (1) The 
Ombudsman may, where he deems necessary, call upon a public servant, other 
functionary or any Agency to show cause why compensation be not awarded to an 
aggrieved party for any loss  or damage suffered by him on account of any 
maladministration committed by such public servant, other functionary or Agency, 
and after considering t he explanation, and hearing s uch public servant, other 
functionary or Agency, award reasonable costs or compensation and the same shall 
be recoverable as arrears of land revenue from the public servant, functionary or 
Agency. 
 
(2)      In cases involving payment of illegal gratification to any employee of 
any Agency, or to any other person on his behalf, or misappropriation, criminal 
breach of trust or cheating, the Ombudsman may order the payment thereof for 
credit to the Government or pass such other order as he may deem fit. 
 
(3)      An  order made  under  subsection  (2)  against  any  person  shall  not 
absolve such person of any liability under any other law. 
 
23.     Assistance and advice to Ombudsman.– (1) The Ombudsman may seek 
the assistance of any person or authority for the performance of his functions under 
this Act. 
 
(2)      All officers of any Agency and any person whose assistance has been 
sought by the Ombudsman in the performance of his f unctions shall render such 
assistance to the extent it is within their power or capacity. 
 
(3)      No  statement made by a person or authority in the course of giving 
evidence before the Ombudsman or his staff shall subject him to, or be used against 
him in any civ il or criminal proceedings except f or prosecution of such person for 
giving false evidence. 
 
24.     Conduct of business.– (1) The Ombudsman shall be the Chief Executive of 
the Office. 
 
(2)      The Ombudsman shall be the Principal Accounts Officer of the Office in 
respect of the expenditure incurred against budget grant or grants controlled by the 
Ombudsman and shall, for this purpose, exercise all the financial and administrative 
powers delegated to an Administrative Department. 
 
25.     Requirement   of   affidavits.–   (1)   The   Ombudsman   may   require   any 
complainant or any party connected or concerned with a complaint, or with any 
inquiry or reference to submit affidavits attested or notarized before any competent 
authority in that behalf within the time prescribed by the Ombudsman or his staff. 
 
(2)      The Ombudsman may take evidence without technicalities and may 
also require complainants or witnesses to take lie detection tests to  examine t heir 
veracity and credibility and draw s uch inferences that are reasonable in all 
circumstances of the c ase especially when a person refuses, without reasonable 
justification, to submit to such tests. 
 
26.     Remuneration of advisors consultants, etc.– (1) The Ombudsman may, in 
his discretion, fix an honorarium or remuneration for advisors, consultants, experts 
and interns engaged by him from time to time for the services rendered. 
 
(2)      The Ombudsman may, in his discretion fix a reward or remuneration to 
any person for exceptional services rendered, or valuable assistance given, to the 
Ombudsman in carrying out his functions: 
 
Provided that the Ombudsman shall withhold the identity of that person, if so 
requested by the person concerned, and take steps to provide due protection under 
the law to  such person against harassment, victimization, retribution, re prisals or 
retaliation. 
 
27.    Ombudsman and staff to be public servants.– The Ombudsman, the 
employees, officers and all other staff of the Office shall be deemed to be public 
servants within the meaning of section 21 of the Pakistan Penal Code, 1860. 
 
28.     Annual and other reports.– (1) Within three months of the conclusion of the 
calendar year to which the report pertains, the Ombudsman shall submit an Annual 
Report to the Governor. 
 
(2)      Simultaneously, such reports shall be released by the Ombudsman for 
publication and copies thereof shall be provided to the public at reasonable cost. 
 
(3)      The Ombudsman may also, from time to time, make public any of his 
studies, research, conclusions, recommendations, ideas or suggestions in respect of 
any matters being dealt with by the Office. 
 
(4)      The report and other documents mentioned in this section shall be 
placed before the Provincial Assembly as early as possible. 
 
29.     Bar of jurisdiction.– No Court or other authority shall have jurisdiction– 
 
(i)       to question the validity of any action taken, or intended to be taken, or 
order made, or anything done or purporting to have been taken, made 
or done under this Act; or 
 
(ii)      to grant an injunction or stay or to make any interim order in relation to 
any proceeding before, or anything done or intended to be done or 
purporting to have been done by, or under the orders or at the instance 
of the Ombudsman. 
30.     Immunity.– No suit, prosecution or other legal proceeding shall lie against the 
Ombudsman, his staff, Inspection Team, nominees, members of a standing or 
advisory committee or any person authorised by the Ombudsman for anything which 
is in good faith done or intended to be done under this Act. 
 
31.     Reference by the Government.– (1) The government may refer any matter, 
report or complaint for investigation and independent recommendations by t he 
Ombudsman. 
 
(2)      The Ombudsman shall promptly investigate any such matter, report or 
complaint and submit his findings or opinion within a reasonable time. 
 
(3)      The Government, may, by notification in the Official Gazette, exclude 
specified matters, from the operation of any of provisions of this Act. 
 
32.     Representation to Governor.– Any person aggrieved by a decision or order 
of the Ombudsman may, within thirty days of the decision or order, make a 
representation to the Governor, who may pass such order thereon as he may deem 
fit. 
 
33.     Informal resolution of disputes.– (1) Notwithstanding anything contained in 
this Act, the Ombudsman and a member of the staff shall have the authority to 
informally conciliate, amicably resolve, stipulate, settle or ameliorate any grievance 
without written memorandum and without the necessity of docketing any complaint 
or issuing any official notice. 
 
(2)      The  Ombudsman  may  appoint  for  purposes  of  liaison  counselors, 
whether honorary or otherwise, at local le vel on such terms and conditions as the 
Ombudsman may deem proper. 
 
34.     Service of process.– (1) For the purposes of this Act, a written process or 
communication from the Office shall be deemed to have been duly served upon a 
respondent or any other person by,  inter alia, anyone or more of the following 
methods, namely:– 
 
(i)       by service in person through any employee of the Office or by any 
special process-server appointed in the name of the Omb udsman by 
any authorized staff of the Office, or any other person authorised in this 
behalf; 
 
(ii)      by depositing in any mail box posting in any P ost Office a  postage 
prepaid copy of the process, or any other document under certificate of 
posting or by registered post acknowledgment due to the last known 
address of the respondent or person concerned in the record of the 
Office, in which case service shall be deemed to have been affected 
ten days after the aforesaid mailing; 
 
(iii)      by a police officer or any employee or nominee of the Office leaving the 
process or document at the last known address, abode, or place of 
business of  the  respondent or  person  concerned  and  if  no  one  is 
available at the aforementioned address, premises or place, by affixing 
a copy of the process or other document to the main entrance of such 
address; and 
(iv)     by publishing the process or document through any newspaper and 
sending a copy t hereof to the respondent or the person concerned 
through ordinary mail, in which case service shall be deemed to have 
been effected on the day of the publication of the newspaper. 
 
(2)      In  all matters involving service the burden of proof shall be upon a 
respondent to credibly demonstrate by assigning sufficient cause that he, in fact, had 
absolutely no knowledge of the process, and that he actually acted in good faith. 
 
(3)      Whenever  a  document  or  process  from  the  office  is  mailed,  the 
envelope or the package shall clearly bear the legend that it is from the Office. 
 
35.    Expenditure to be charged on Provincial Consolidated Fund.– The 
remuneration payable to  the Ombudsman and the administrative expenses of the 
Office, including the remuneration payable to staff, nominees and grantees, shall be 
an expenditure charged upon the Provincial Consolidated Fund. 
 
36.     Rules.– The Ombudsman may, with the approval of the Government, make 
rules for carrying out the purposes of this Act. 
 
37.     Act to override other laws.– The provisions of this Act shall have effect 
notwithstanding anything contained in any other law for the time being in force. 
 
38.     Removal  of  difficulties.–  If  any  difficulty  arises  in  giving  effect  to  any 
provision of this Act, the Government may make such order not inconsistent with the 
provisions of this Act as may appear to him to be necessary for the purpose of 
removing such difficulty. 
 
39.    Repeal.– The Punjab Office of the Ombudsman Ordinance 1997 (XIV of 1997) 
is hereby repealed. 
FIRST SCHEDULE 
 
[see section 3(3)] 
I,…….do solemnly swear that I will bear true faith and allegiance to Pakistan. 
That as Ombudsman for the Province of Punjab I will discharge my duties and 
perform my functions honestly, to the best of my ability, faithfully in accordance with 
the laws for the time being in force in the Province without fear or favour, affection or 
ill-will. 
 
That I will not allow my personal interest to influence my official conduct or my 
official decisions; 
 
That I shall do my best to promote the best interest of Pakistan and the 
Province of the Punjab. 
 
And that I will not directly or indirectly communicate or reveal to any person 
any matter which shall be brought under my consideration, or shall become known to 
me, as Ombudsman, except as may be required for the due discharge of my duties 
as Ombudsman. 
 
May Allah Almighty help and guide me (Ameen). 
 
SECOND SCHEDULE 
 
[see section 8(4)] 
I,…….do solemnly swear that I will bear true faith and allegiance to Pakistan. 
That as an employee of the office of the Ombudsman for the Province of 
Punjab, I will discharge my duties and perform my functions honestly, to the best of 
my ability, faithfully, in accordance with the laws for the time being in force in the 
Province, without fear or favour, affection, or ill-will; 
 
That I will not allow my personal interest to influence my official conduct or my 
official decisions; 
 
And that I will not directly or indirectly communicate or reveal to any person 
any matter which shall be brought under my consideration, or shall become known to 
me, as an employee of the office of the Ombudsman. 
 
May Allah Almighty help and guide me (Ameen).