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  "title": "PUNJAB OFFICE OF THE OMBUDSMAN ACT 1997",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/ATRRY1BgW28-",
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  "text": "THE PUNJAB OFFICE OF THE OMBUDSMAN ACT, 1997 \r\n(X of 1997) \r\n \r\nCONTENTS \r\n \r\n \r\n1.       Short title, extent and commencement \r\n \r\n2.       Definitions \r\n \r\n3.       Appointment of Ombudsman \r\n \r\n4.       Tenure of the Ombudsman \r\n \r\n5.       Ombudsman not to hold any other office of profit, etc \r\n \r\n6.       Terms and conditions of service and remuneration of Ombudsman \r\n \r\n7.       Acting Ombudsman \r\n \r\n8.       Appointment and terms and conditions of service of staff \r\n \r\n9.       Jurisdiction, functions and powers of the Ombudsman \r\n \r\n10.     Procedure and evidence \r\n \r\n11.     Recommendations for implementation \r\n \r\n12.     Defiance of recommendations \r\n \r\n13.     Reference by Ombudsman \r\n \r\n14.     Powers of the Ombudsman \r\n \r\n15.     Power to enter and search any premises \r\n \r\n16.     Power to punish for contempt \r\n \r\n17.     Inspection Team \r\n \r\n18.     Standing Committees, etc \r\n \r\n19.     Delegation of powers \r\n \r\n20.     Appointment of advisors, etc \r\n \r\n21.     Authorization of functionaries, etc \r\n \r\n22.     Award of costs and compensation and refund of amounts \r\n \r\n23.     Assistance and advice to Ombudsman \r\n24.     Conduct of business \r\n \r\n25.     Requirement of affidavits \r\n \r\n26.     Remuneration of advisors, consultants, etc \r\n \r\n27.     Ombudsman and staff to be public servants \r\n \r\n28.     Annual and other reports \r\n \r\n29.     Bar of jurisdiction \r\n \r\n30.     Immunity \r\n \r\n31.     Reference by the Government \r\n \r\n32.     Representation to Governor \r\n \r\n33.     Informal resolution of disputes \r\n \r\n34.     Service of process \r\n \r\n35.     Expenditure to be charged on Provincial Consolidated Fund \r\n \r\n36.     Rules \r\n \r\n37.     Act to override other laws \r\n \r\n38.     Removal of difficulties \r\n \r\n39.     Repeal \r\n \r\nSCHEDULES \r\n \r\n1.       FIRST SCHEDULE \r\n \r\n2.       SECOND SCHEDULE \r\nTEXT \r\n \r\n \r\n1\r\nTHE PUNJAB OFFICE OF THE OMBUDSMAN ACT 1997 \r\n \r\n(X of 1997) \r\n \r\n \r\n \r\nAn \r\nAct \r\n[1st July, 1997] \r\nto provide for the establishment of the office of Ombudsman in the Province of the \r\nPunjab. \r\n \r\nPreamble.– WHEREAS it is expedient to provide for the appointment of the Provincial \r\nOmbudsman for protection of the rights of the people, ensuring adherence to the rule \r\nof law, diagnosing, redressing and rectifying any injustice done to a person through \r\nmaladministration and suppressing corrupt practices. \r\n \r\nIt is hereby enacted as follows:– \r\n \r\n1.       Short title, extent and commencement.– (1) This Act may be called the \r\nPunjab Office of the Ombudsman Act 1997. \r\n \r\n(2)      It extends to the Province of the Punjab. \r\n(3)      It shall come into force at once. \r\n \r\n2.       Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext– \r\n \r\n(1) “Agency” means a Department, Commission or office of the Provincial \r\nGovernment or a statutory corporation or other institution established \r\nor controlled by t he Provincial Government but does not include the \r\nHigh Court and courts working under the supervision and control of the \r\nHigh Court, and the Provincial Assembly of the Punjab and its \r\nSecretariat. \r\n \r\n(2)      “maladministration” includes– \r\n \r\n(i)       a  decision,  process,  recommendation,  act  or  omission  or \r\ncommission which– \r\n \r\n(a) is contrary to law, rules or regulations or is a departure \r\nfrom established practice or procedure, unless it is \r\nbonafide and for valid reasons; or \r\n \r\n(b) is  perverse,  arbitrary  or  unreasonable,  unjust,  biased, \r\noppressive, or discriminatory; or \r\n \r\n(c)      is based on irrelevant grounds; or \r\n \r\n(d)      involves the exercise of powers or the failure or refusal to \r\ndo so, for corrupt or improper motives, such as, bribery, \r\n \r\n \r\n \r\n \r\n1This Act was passed by the Punjab Assembly on 25th  June, 1997; assented to by the Governor of the Punjab on 27th  June, \r\n1997; and, was published in the Punjab Gazette (Extraordinary), dated 30th June, 1997 (pages 1015 to 1024). \r\n5 \r\njobbery, favouritism, nepotism and administrative excesses; \r\nand \r\n \r\n(ii) neglect, inattention, delay, incompetence, in efficiency and \r\nineptitude, in the administration or discharge of duties and \r\nresponsibilities; \r\n \r\n(3)      “Office” means the office of the Ombudsman; \r\n \r\n(4) “Ombudsman”  means  the  Ombudsman  for  the  Province  of  Punjab \r\nappointed under section 3; \r\n \r\n(5)      “Prescribed” means prescribed by rules made under this Act; \r\n \r\n(6)      “Public servant” means a public servant as defined in section 21 of the \r\nPakistan Penal Code 1860, and includes a  Minister, Advisor, \r\nParliamentary Secretary and the Chief Executive, Director or other officer \r\nor employee or member of an Agency; and \r\n \r\n(7) “Staff”  means  any  employee  or  commissioner  of  the  Office  and \r\nincludes co-opted members of the staff, consultants, advisors, bailiffs, \r\nliaison officers and experts. \r\n \r\n3.       Appointment of Ombudsman.– (1) There shall be an Ombudsman, for the \r\nProvince of Punjab who shall be appointed by the Government. \r\n \r\n(2)      An Ombudsman shall be a person who is, or has been or is qualified to be \r\n2 \r\na judge of the High Court [or any other] person of known integrity. \r\n \r\n(3)      Before entering upon office, the Ombudsman shall take an oath before \r\nthe Governor in the form set out in the First Schedule to this Act. \r\n \r\n(4)      The  Ombudsman  shall,  in  all  matters,  perform  his  functions  and \r\nexercise his powers fairly, honestly, diligently and independently of the Executive \r\nand all executive authorities throughout the Province shall act in aid of the \r\nOmbudsman. \r\n \r\n4.       Tenure of the Ombudsman.– (1) The Ombudsman shall hold office for a \r\n3 \r\nperiod of [four] years and shall not be eligible for any extension of tenure or for re- \r\n4 \r\nappointment as Ombudsman under any circumstances [:] \r\n \r\n[Provided that a sitting Judge of the High Court working as Ombudsman may \r\nbe called back by the competent authority before expiry of his tenure.] \r\n \r\n(2)      The  Ombudsman  may  resign  his  office  by  writing  under  his  hand \r\naddressed to the Governor. \r\n \r\n5.       Ombudsman  not  to  hold  any  other  office  of  profit,  etc.–  (1)  The \r\nOmbudsman shall not– \r\n \r\n2 Substituted for the words “and is” by the Punjab Office of the Ombudsman (Amendment) Act 2003 (III of 2003), w.e.f. \r\n10.2.2003, s.2; and published in the Punjab Gazette (Extraordinary), pages 271-272. \r\n3Substituted for the  word ‘three’ by the Punjab Office of the Ombudsman (Amendment) Act 2003 (III of 2003), w.e.f. 10.2.2003, \r\ns.3; and published in the Punjab Gazette (Extraordinary), pages 271-272. \r\n \r\n4Substituted for the “full-stop” by the Punjab Office of the Ombudsman (Amendment) Act 2003 (III of 2003), w.e.f. 10.2.2003, \r\ns.3; and published in the Punjab Gazette (Extraordinary), pages 271-272. \r\n5Added 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 \r\nPunjab Gazette (Extraordinary), pages 271-272. \r\n6 \r\n(a)      hold any other office of profit in the service of Pakistan; or \r\n \r\n(b) occupy any other position carrying the right to remuneration for the \r\nrendering of services. \r\n \r\n(2)      The Ombudsman \r\n \r\n[, not being a sitting Judge of the High Court,] shall \r\n7 \r\nnot hold any office of profit in the service of Pakistan [* * *] before the expiration of \r\ntwo years after he has ceased to hold that office nor shall he be eligible during the \r\ntenure of office and for a period of two years thereafter for election as a member of \r\nParliament or a Provincial Assembly or any local body or take part in any political \r\nactivity. \r\n \r\n6.       Terms and conditions of service and remuneration of Ombudsman.– (1) \r\nThe Ombudsman shall be entitled to such salary, allowances and privileges and \r\nother terms and conditions of service as the Government may determine and these \r\nterms shall not be varied during the term of office of an Ombudsman. \r\n \r\n(2)      The Ombudsman may be removed from office by the Government on \r\nthe ground of misconduct or of being incapable of properly performing the duties of \r\nhis office by reason of physical or mental incapacity. The Government shall provide \r\n8 \r\nthe Ombudsman a copy of charges before such an order [:] \r\n \r\nProvided that the Ombudsman, may, if he sees fit and appropriate to refute \r\nany charges, request an open public evidentiary hearing before a Division Bench of \r\nthe High Court and if such hearing is not held within thirty days from the date of the \r\nreceipt of such request or not concluded within ninety days of its receipt, the \r\nOmbudsman will be absolved of all stigma. In such circumstances, the Ombudsman \r\nmay choose to leave his office and shall be entitled to receive full remuneration and \r\nbenefits for the rest of his term. \r\n \r\n(3)      If the Ombudsman makes a request under the proviso to sub-section \r\n(2), he shall not perform his functions under this Act until the hearing before the High \r\nCourt has concluded. \r\n \r\n(4)      An Ombudsman removed from office on the ground of misconduct shall \r\nnot be eligible to hold any office of profit in the service of Pakistan or for election as a \r\nmember of Parliament or a Provincial Assembly or any local body, unless a period of \r\nfour years has elapsed since his dismissal. \r\n \r\n7.       Acting Ombudsman.– At any time when the office of Ombudsman is vacant, or \r\nthe Ombudsman is absent or is unable to perform his functions due to any cause, the \r\nGovernment shall appoint an acting Ombudsman. \r\n \r\n8.       Appointment  and  terms  and  conditions  of  service  of  staff.–  (1)  The \r\nmembers of the staff, other than those mentioned in section 20 or those of a class \r\nspecified by t he Government by order in writing shall be appointed by the \r\nGovernment in consultation with the Ombudsman. \r\n \r\n \r\n \r\n6Inserted by the Punjab Office of the Ombudsman (Amendment) Act 2003 (III of 2003), w.e.f. 10.2.2003, s.4; and published in \r\nthe Punjab Gazette (Extraordinary), pages 271-272. \r\n7Omitted the words “or the Province” by the Punjab Office of the Ombudsman (Amendment) Act 2003 (III of 2003), w.e.f. \r\n10.2.2003, s.4; and published in the Punjab Gazette (Extraordinary), pages 271-272. \r\n8Misprinted in the Gazette as “full-stop”. \r\n(2)     It shall not be necessary to  consult the Provincial Public Service \r\nCommission for making appointment of the members of the staff or on matters \r\nrelating to qualifications for such appointment and method of their recruitment. \r\n \r\n(3)      The members of the staff shall be entitled to such salary, allowances \r\nand other terms and c onditions of service as may be prescribed having regard to \r\nsalary, allowances and other terms and conditions of service that may for the time \r\nbeing be admissible to other employees of the Provincial Government in the \r\ncorresponding Basic Pay Scale. \r\n \r\n(4)      Before  entering  upon  office  a  member  of  the  staff  mentioned  in \r\nsubsection (1) shall take an Oath before the Ombudsman in the form set out in the \r\nSecond Schedule to this Act. \r\n \r\n9.       Jurisdiction,  functions   and  powers   of  the   Ombudsman.–  (1)  The \r\nOmbudsman may on a complaint by any aggrieved person, on a reference by t he \r\nGovernment or the Provincial Assembly, or on a motion of the Supreme Court or the \r\nHigh Court made during the course of any proceedings before it or of his own motion, \r\nundertake any investigation into any allegation of maladministration on the part of \r\nany Agency or any of its officers or employees: \r\n \r\nProvided that the Ombudsman shall not have any jurisdiction to investigate or \r\ninquire into any matters which– \r\n \r\n(a)      are sub judice before a Court of competent jurisdiction on the date of the \r\nreceipt of a complaint, reference or motion by him; or \r\n \r\n(b)      relate to the external affairs of Pakistan or the relations or dealings of \r\nPakistan with any foreign state or Government; or \r\n \r\n(c) relate to, or are connected with, the defence of Pakistan or any part \r\nthereof, the Military, Naval and Air Forces of Pakistan, or the matters \r\ncovered by the laws relating to those forces. \r\n \r\n(2)      Notwithstanding anything contained in subsection (1), the Ombudsman \r\nshall not entertain for investigation any complaint by or on behalf of a public servant \r\nor functionary concerning any matters relating to the Agency in which he is, or has \r\nbeen, working, in respect of any personal grievance relating to his service therein. \r\n \r\n(3)      For  carrying  out  the  objectives  of  this  Act  and,  in  particular  for \r\nascertaining the root causes of corrupt practices and injustice, the Ombudsman may \r\narrange for studies to be made or research to be conducted and may recommend \r\nappropriate steps for their eradication. \r\n \r\n10.     Procedure  and  evidence.–  (1)  A  complaint  shall  be  made  on  solemn \r\naffirmation or oath  and  in writing  addressed  to  the  Ombudsman  by the  person \r\naggrieved or, in the case of his death, by the legal representative and may be lodged \r\nin person at the Office or handed over to the Ombudsman in person or sent by any \r\nother means of communication to the Office. \r\n \r\n(2)      No anonymous or pseudonymous complaints shall be entertained. \r\n \r\n(3)      A complaint shall be made not later than three months from the day on \r\nwhich the person aggrieved first had the notice of the matter alleged in the complaint, \r\nbut the Ombudsman may conduct any investigation pursuant to a complaint which is \r\nnot within time if he considers t hat there are special circumstances which make it \r\nproper for him to do so. \r\n \r\n(4)      Where the Ombudsman proposes to conduct an investigation he shall \r\nissue to the principal officer of the Agency concerned, and to any other person who \r\nis alleged in the complaint to have taken or authorized the action complained of, a \r\nnotice calling upon him to meet the allegations contained in the complaint, including \r\nrebuttal: \r\n \r\nProvided that t he Ombudsman may proceed with the investigation if no \r\nresponse to the notice is received by him from such principal officer or other person \r\nwithin thirty days of the receipt of the notice or within such longer period as may \r\nhave been allowed by the Ombudsman. \r\n \r\n(5)      Every investigation shall be conducted informally but, the Ombudsman \r\nmay adopt such procedure as he considers appropriate for such investigation and he \r\nmay obtain information from such persons and in such manner and make such \r\ninquiries as he thinks fit. \r\n \r\n(6)      A person shall be entitled to appear in person or be represented before \r\nthe Ombudsman. \r\n \r\n(7)      The Ombudsman shall, in accordance with the rules made under this \r\nAct  pay  expenses  and  allowances  to  any  person  who  attends  or  f urnishes \r\ninformation for the purposes of an investigation. \r\n \r\n(8)      The conduct of an investigation shall not affect any action taken by the \r\nAgency concerned, or any power or duty of that Agency to take further action with \r\nrespect to any matter subject to the investigation. \r\n \r\n(9)      For the purpose of an investigation under this Act the Ombudsman \r\nmay re quire any officer or member of the Agency c oncerned to furnish any \r\ninformation or to produce any document which in the opinion of the Ombudsman is \r\nrelevant  and  helpful  in  the  conduct  of  the  investigation  and  there  shall  be  no \r\nobligation  to  maintain  secrecy  in  respect  of  disclosure  of  any  information  or \r\ndocument for the purposes of such investigation: \r\n \r\nProvided that the Government may, in its discretion, on grounds of its being a \r\nState secret, allow a claim of privilege with respect to any information or document. \r\n \r\n(10)  In any c ase where the Ombudsman decides not to conduct an \r\ninvestigation, he shall send to the complainant a  statement of his re asons f or not \r\nconducting the investigation. \r\n \r\n(11)    Save as otherwise provided in this Act, the Ombudsman shall regulate \r\nthe procedure for the conduct of business or the exercise of powers under this Act. \r\n \r\n11.     Recommendations for implementation.– (1) If, after having considered a \r\nmatter on his own motion, or on a complaint or on a reference by the Government or \r\nthe Provincial Assembly, or on a motion by the Supreme Court or the High Court, as \r\nthe case may be, the Ombudsman is of the opinion that the matter considered \r\namounts to maladministration, he shall communicate his finding to the Agency \r\nconcerned– \r\n \r\n(a)      to consider the matter further; \r\n(b) to  modify or cancel  the  decision,  process, recommendation, act or \r\nomission; \r\n \r\n(c)      to explain more fully the act or decision in question; \r\n \r\n(d) to take disciplinary action against any public servant of any Agency \r\nunder the relevant laws applicable to him; \r\n \r\n(e)      to dispose of the matter or case within a specified time; and \r\n \r\n(f)       to take any other steps specified by the Ombudsman. \r\n \r\n(2)     The Agency s hall, within such time as may be specified by t he \r\nOmbudsman, inform him about the action taken on his direction or the reasons for \r\nnot complying with the same. \r\n \r\n(3)      In  any  case  where  the  Ombudsman  has  considered  a  matter,  or \r\nconducted an investigation, on a complaint or on reference by the Government or the \r\nProvincial Assembly or on a motion by the Supreme Court or the High Court, the \r\nOmbudsman shall forward a copy of the communication received by him from the \r\nAgency in pursuance of sub-section (2) to the complainant or, as the case may be, the \r\nGovernment, the Provincial Assembly, the Supreme Court or the High Court. \r\n \r\n(4)      If, after conducting an investigation, it appears to the Ombudsman that \r\nan injustice has been caused to the person aggrieved in consequence of \r\nmaladministration and that the injustice has not been or will not be remedied, he may, \r\nif he thinks fit, lay a special report on the case before the Government. \r\n \r\n(5)      If the Agency concerned does not comply with the recommendations of \r\nthe Ombudsman or does not give reasons to the satisfaction of the Ombudsman for \r\nnon-compliance, it shall be treated as “Defiance of Recommendations” and shall be \r\ndealt with as hereinafter provided. \r\n \r\n12.   Defiance  of  recommendations.– (1) If there is a ‘Defiance of \r\nRecommendations’ by any public servant in any Agency with regard to the \r\nimplementation of a recommendation given by t he Ombudsman, the Ombudsman \r\nmay refer the matter to the Government which may, in its discretion, direct the \r\nAgency to implement the recommendation and inform the Ombudsman accordingly. \r\n \r\n(2)      In  each instance of ‘Defiance of Recommendations’ a report by the \r\nOmbudsman shall become a part of the personal file or character roll of the public \r\nservant primarily responsible for the defiance: \r\n \r\nProvided that the public servant concerned had been granted an opportunity \r\nto be heard in the matter. \r\n \r\n13.     Reference by Ombudsman.– Where, during or after an inspection or an \r\ninvestigation, the Ombudsman is satisfied that any person is guilty of any allegations \r\nas referred to in subsection (1) of section 9, the Ombudsman may refer the case to \r\nthe concerned authority for appropriate corrective or disciplinary action, or both and \r\nthe said authority s hall inform the Ombudsman within thirty days of the receipt of \r\nreference of the action taken. If no information is received within this period, the \r\nOmbudsman may bring the matter to the notice of the Government for such action as \r\nhe may deem fit. \r\n14.     Powers of the Ombudsman.– (1) The Ombudsman shall, for the purposes of \r\nthis Act have the same powers as are vested in a Civil Court under the Code of Civil \r\nProcedure, 1908, in respect of the following matters, namely:– \r\n \r\n(a) summoning and enforcing the attendance of any person and examining \r\nhim on oath; \r\n \r\n(b)      compelling the production of documents; \r\n(c)      receiving evidence on affidavits; and \r\n(d)      issuing commission for the examination of witnesses. \r\n \r\n(2)      The Ombudsman shall have the power to require any person to furnish \r\ninformation on such points or matters as, in the opinion of the Ombudsman, may be \r\nuseful for, or relevant to, the subject-matter of any inspection or investigation. \r\n \r\n(3)      The powers referred to in sub-section (1) may be exercised by the \r\nOmbudsman or any person authorized in writing by the Ombudsman in this behalf \r\nwhile carrying out an inspection or investigation under the provisions of this Act. \r\n \r\n(4)      Where the Ombudsman finds the complaint referred to in sub-section \r\n(1) of section 9 to be false, frivolous or vexatious, he may award reasonable \r\ncompensation to the Agency, public servant or other functionary against whom the \r\ncomplaint was made; and the amount of such compensation shall be recoverable \r\nfrom the complainant as arrears of land revenue: \r\n \r\nProvided that the  award  of  compensation under this subsection shall not \r\ndebar the aggrieved person from seeking any other remedy. \r\n \r\n(5)      If  any  Agency,  public  or  other  functionary  fails  to  comply  with  a \r\ndirection of the Ombudsman, he may, in addition to taking other actions under this \r\nAct, refer the matter to the appropriate authority for taking disciplinary action against \r\nthe person who disregarded the direction of the Ombudsman. \r\n \r\n(6)      If the Ombudsman has reason to believe that any public servant or \r\nother functionary has acted in a manner warranting criminal or disciplinary \r\nproceedings against him, he may r efer the matter to the appropriate authority for \r\nnecessary action to be taken within the time specified by the Ombudsman. \r\n \r\n(7)      The staff and the nominees of the Office may be commissioned by the \r\nOmbudsman to administer oaths f or the purposes of this Act and to attest various \r\naffidavits, affirmations or declarations which shall be admitted in evidence in all \r\nproceedings under this Act without proof of the signature or seal or official character \r\nof such person. \r\n \r\n15.     Power to enter and search any premises.– (1) The Ombudsman, or any \r\nmember of the staff authorized in this behalf, may, for the purpose of making any \r\ninspection or investigation, enter any premises where the Ombudsman or, as the \r\ncase may be, such member has reason to believe that any article, books of accounts, \r\nor any other documents relating to the subject-matter of inspection or in vestigation \r\nmay be found, and may– \r\n \r\n(a) search such premises and inspect any article, books of accounts or \r\nother documents; \r\n \r\n(b)      take extracts or copies of such books of accounts and documents; \r\n(c)      impound or seal such articles, books of accounts and documents; and \r\n \r\n(d)      make  an  inventory  of  such  articles,  books  of  account  and  other \r\ndocuments found in such premises. \r\n \r\n(2)      all searches made under subsection (1) shall be carried out mutatis \r\nmutandis, in accordance with the provisions of the Code of Criminal Procedure, 1898. \r\n \r\n16.     Power to punish for contempt.– (1) The Ombudsman shall have the same \r\npowers, mutatis mutandis, as t he High Court has to  punish any person for its \r\ncontempt who– \r\n \r\n(a) abuses, interferes with, impedes, imperils, or obstructs the process of \r\nthe Ombudsman in any way or disobeys any order of the Ombudsman; \r\n \r\n(b) scandalises the Ombudsman or otherwise does anything which tends \r\nto bring the Ombudsman, his staff or nominees or any person \r\nauthorised by t he Ombudsman in relation to his office, into hatred, \r\nridicule or contempt; \r\n \r\n(c) does anything which tends to prejudice the determination of a matter \r\npending before the Ombudsman; or \r\n \r\n(d)      does any other thing which , by any other law, constitutes contempt of \r\nCourt: \r\n \r\nProvided that fair comments made in good faith and in public interest on the \r\nworking of the Ombudsman or any of his staff, or on the final report of the \r\nOmbudsman after the completion of the investigation shall not constitute contempt of \r\nthe Ombudsman or his Office. \r\n \r\n(2)     Any person sentenced under subsection (1) may, notwithstanding \r\nanything herein contained, within thirty days on the passing of the order, appeal to \r\nthe High Court. \r\n \r\n17.     Inspection Team.– (1) The Ombudsman may constitute  an Inspection Team \r\nfor the performance of any of the functions of the Ombudsman. \r\n \r\n(2)      An Inspection Team shall consist of one or more members of the staff \r\nand shall be assisted by s uch other person or persons as the Ombudsman may \r\nconsider necessary. \r\n \r\n(3)      An  Inspection  Team  shall  exercise  such  of  the  powers  of  the \r\nOmbudsman as he may specify by order in writing and every report of the Inspection \r\nTeam shall first  be  submitted  to  the  Ombudsman  with  its  recommendations for \r\nappropriate action. \r\n \r\n18.     Standing Committees, etc.– The Ombudsman may, whenever he thinks fit, \r\nestablish standing or advisory c ommittees at specified places with specified \r\njurisdiction for performing such functions of the Ombudsman as are assigned to \r\nthem from time to time and every report of such committee shall first be submitted to \r\nthe Ombudsman with its recommendations for appropriate action. \r\n \r\n19.     Delegation of powers.– The Ombudsman may, by order in writing, delegate \r\nsuch of his powers as may be specified in the order, to any member of his staff or to \r\na standing or advisory committee, to be exercised subject to such conditions as may \r\nbe specified and every report of such member or committee shall first be submitted \r\nto the Ombudsman with his or its recommendations for appropriate action. \r\n \r\n20.     Appointment of advisors, etc.– The Ombudsman may appoint competent \r\npersons of integrity as advisors, consultants, fellows, bailiffs, interns, commissioners \r\nand experts as well as ministerial staff with or without remuneration to assist him in \r\nthe discharge of his duties under this Act. \r\n \r\n21.     Authorization of functionaries, etc.– The Ombudsman may, if he considers \r\nit expedient, authorise a District Judge or any agency, public servant or other \r\nfunctionary working under the administrative control of the Provincial Government to \r\nundertake the functions of the Ombudsman under subsection (1) or subsection (2) of \r\nsection 14 in respect of any matter falling within his jurisdiction and it shall be the \r\nduty of the Agency, public servant or other f unctionary so authorised to undertake \r\nsuch functions to such extent and subject to such conditions as the Ombudsman \r\nmay specify. \r\n \r\n22.     Award  of  costs  and  compensation  and  refund  of  amounts.– (1) The \r\nOmbudsman may, where he deems necessary, call upon a public servant, other \r\nfunctionary or any Agency to show cause why compensation be not awarded to an \r\naggrieved party for any loss  or damage suffered by him on account of any \r\nmaladministration committed by such public servant, other functionary or Agency, \r\nand after considering t he explanation, and hearing s uch public servant, other \r\nfunctionary or Agency, award reasonable costs or compensation and the same shall \r\nbe recoverable as arrears of land revenue from the public servant, functionary or \r\nAgency. \r\n \r\n(2)      In cases involving payment of illegal gratification to any employee of \r\nany Agency, or to any other person on his behalf, or misappropriation, criminal \r\nbreach of trust or cheating, the Ombudsman may order the payment thereof for \r\ncredit to the Government or pass such other order as he may deem fit. \r\n \r\n(3)      An  order made  under  subsection  (2)  against  any  person  shall  not \r\nabsolve such person of any liability under any other law. \r\n \r\n23.     Assistance and advice to Ombudsman.– (1) The Ombudsman may seek \r\nthe assistance of any person or authority for the performance of his functions under \r\nthis Act. \r\n \r\n(2)      All officers of any Agency and any person whose assistance has been \r\nsought by the Ombudsman in the performance of his f unctions shall render such \r\nassistance to the extent it is within their power or capacity. \r\n \r\n(3)      No  statement made by a person or authority in the course of giving \r\nevidence before the Ombudsman or his staff shall subject him to, or be used against \r\nhim in any civ il or criminal proceedings except f or prosecution of such person for \r\ngiving false evidence. \r\n \r\n24.     Conduct of business.– (1) The Ombudsman shall be the Chief Executive of \r\nthe Office. \r\n \r\n(2)      The Ombudsman shall be the Principal Accounts Officer of the Office in \r\nrespect of the expenditure incurred against budget grant or grants controlled by the \r\nOmbudsman and shall, for this purpose, exercise all the financial and administrative \r\npowers delegated to an Administrative Department. \r\n \r\n25.     Requirement   of   affidavits.–   (1)   The   Ombudsman   may   require   any \r\ncomplainant or any party connected or concerned with a complaint, or with any \r\ninquiry or reference to submit affidavits attested or notarized before any competent \r\nauthority in that behalf within the time prescribed by the Ombudsman or his staff. \r\n \r\n(2)      The Ombudsman may take evidence without technicalities and may \r\nalso require complainants or witnesses to take lie detection tests to  examine t heir \r\nveracity and credibility and draw s uch inferences that are reasonable in all \r\ncircumstances of the c ase especially when a person refuses, without reasonable \r\njustification, to submit to such tests. \r\n \r\n26.     Remuneration of advisors consultants, etc.– (1) The Ombudsman may, in \r\nhis discretion, fix an honorarium or remuneration for advisors, consultants, experts \r\nand interns engaged by him from time to time for the services rendered. \r\n \r\n(2)      The Ombudsman may, in his discretion fix a reward or remuneration to \r\nany person for exceptional services rendered, or valuable assistance given, to the \r\nOmbudsman in carrying out his functions: \r\n \r\nProvided that the Ombudsman shall withhold the identity of that person, if so \r\nrequested by the person concerned, and take steps to provide due protection under \r\nthe law to  such person against harassment, victimization, retribution, re prisals or \r\nretaliation. \r\n \r\n27.    Ombudsman and staff to be public servants.– The Ombudsman, the \r\nemployees, officers and all other staff of the Office shall be deemed to be public \r\nservants within the meaning of section 21 of the Pakistan Penal Code, 1860. \r\n \r\n28.     Annual and other reports.– (1) Within three months of the conclusion of the \r\ncalendar year to which the report pertains, the Ombudsman shall submit an Annual \r\nReport to the Governor. \r\n \r\n(2)      Simultaneously, such reports shall be released by the Ombudsman for \r\npublication and copies thereof shall be provided to the public at reasonable cost. \r\n \r\n(3)      The Ombudsman may also, from time to time, make public any of his \r\nstudies, research, conclusions, recommendations, ideas or suggestions in respect of \r\nany matters being dealt with by the Office. \r\n \r\n(4)      The report and other documents mentioned in this section shall be \r\nplaced before the Provincial Assembly as early as possible. \r\n \r\n29.     Bar of jurisdiction.– No Court or other authority shall have jurisdiction– \r\n \r\n(i)       to question the validity of any action taken, or intended to be taken, or \r\norder made, or anything done or purporting to have been taken, made \r\nor done under this Act; or \r\n \r\n(ii)      to grant an injunction or stay or to make any interim order in relation to \r\nany proceeding before, or anything done or intended to be done or \r\npurporting to have been done by, or under the orders or at the instance \r\nof the Ombudsman. \r\n30.     Immunity.– No suit, prosecution or other legal proceeding shall lie against the \r\nOmbudsman, his staff, Inspection Team, nominees, members of a standing or \r\nadvisory committee or any person authorised by the Ombudsman for anything which \r\nis in good faith done or intended to be done under this Act. \r\n \r\n31.     Reference by the Government.– (1) The government may refer any matter, \r\nreport or complaint for investigation and independent recommendations by t he \r\nOmbudsman. \r\n \r\n(2)      The Ombudsman shall promptly investigate any such matter, report or \r\ncomplaint and submit his findings or opinion within a reasonable time. \r\n \r\n(3)      The Government, may, by notification in the Official Gazette, exclude \r\nspecified matters, from the operation of any of provisions of this Act. \r\n \r\n32.     Representation to Governor.– Any person aggrieved by a decision or order \r\nof the Ombudsman may, within thirty days of the decision or order, make a \r\nrepresentation to the Governor, who may pass such order thereon as he may deem \r\nfit. \r\n \r\n33.     Informal resolution of disputes.– (1) Notwithstanding anything contained in \r\nthis Act, the Ombudsman and a member of the staff shall have the authority to \r\ninformally conciliate, amicably resolve, stipulate, settle or ameliorate any grievance \r\nwithout written memorandum and without the necessity of docketing any complaint \r\nor issuing any official notice. \r\n \r\n(2)      The  Ombudsman  may  appoint  for  purposes  of  liaison  counselors, \r\nwhether honorary or otherwise, at local le vel on such terms and conditions as the \r\nOmbudsman may deem proper. \r\n \r\n34.     Service of process.– (1) For the purposes of this Act, a written process or \r\ncommunication from the Office shall be deemed to have been duly served upon a \r\nrespondent or any other person by,  inter alia, anyone or more of the following \r\nmethods, namely:– \r\n \r\n(i)       by service in person through any employee of the Office or by any \r\nspecial process-server appointed in the name of the Omb udsman by \r\nany authorized staff of the Office, or any other person authorised in this \r\nbehalf; \r\n \r\n(ii)      by depositing in any mail box posting in any P ost Office a  postage \r\nprepaid copy of the process, or any other document under certificate of \r\nposting or by registered post acknowledgment due to the last known \r\naddress of the respondent or person concerned in the record of the \r\nOffice, in which case service shall be deemed to have been affected \r\nten days after the aforesaid mailing; \r\n \r\n(iii)      by a police officer or any employee or nominee of the Office leaving the \r\nprocess or document at the last known address, abode, or place of \r\nbusiness of  the  respondent or  person  concerned  and  if  no  one  is \r\navailable at the aforementioned address, premises or place, by affixing \r\na copy of the process or other document to the main entrance of such \r\naddress; and \r\n(iv)     by publishing the process or document through any newspaper and \r\nsending a copy t hereof to the respondent or the person concerned \r\nthrough ordinary mail, in which case service shall be deemed to have \r\nbeen effected on the day of the publication of the newspaper. \r\n \r\n(2)      In  all matters involving service the burden of proof shall be upon a \r\nrespondent to credibly demonstrate by assigning sufficient cause that he, in fact, had \r\nabsolutely no knowledge of the process, and that he actually acted in good faith. \r\n \r\n(3)      Whenever  a  document  or  process  from  the  office  is  mailed,  the \r\nenvelope or the package shall clearly bear the legend that it is from the Office. \r\n \r\n35.    Expenditure to be charged on Provincial Consolidated Fund.– The \r\nremuneration payable to  the Ombudsman and the administrative expenses of the \r\nOffice, including the remuneration payable to staff, nominees and grantees, shall be \r\nan expenditure charged upon the Provincial Consolidated Fund. \r\n \r\n36.     Rules.– The Ombudsman may, with the approval of the Government, make \r\nrules for carrying out the purposes of this Act. \r\n \r\n37.     Act to override other laws.– The provisions of this Act shall have effect \r\nnotwithstanding anything contained in any other law for the time being in force. \r\n \r\n38.     Removal  of  difficulties.–  If  any  difficulty  arises  in  giving  effect  to  any \r\nprovision of this Act, the Government may make such order not inconsistent with the \r\nprovisions of this Act as may appear to him to be necessary for the purpose of \r\nremoving such difficulty. \r\n \r\n39.    Repeal.– The Punjab Office of the Ombudsman Ordinance 1997 (XIV of 1997) \r\nis hereby repealed. \r\nFIRST SCHEDULE \r\n \r\n[see section 3(3)] \r\nI,…….do solemnly swear that I will bear true faith and allegiance to Pakistan. \r\nThat as Ombudsman for the Province of Punjab I will discharge my duties and \r\nperform my functions honestly, to the best of my ability, faithfully in accordance with \r\nthe laws for the time being in force in the Province without fear or favour, affection or \r\nill-will. \r\n \r\nThat I will not allow my personal interest to influence my official conduct or my \r\nofficial decisions; \r\n \r\nThat I shall do my best to promote the best interest of Pakistan and the \r\nProvince of the Punjab. \r\n \r\nAnd that I will not directly or indirectly communicate or reveal to any person \r\nany matter which shall be brought under my consideration, or shall become known to \r\nme, as Ombudsman, except as may be required for the due discharge of my duties \r\nas Ombudsman. \r\n \r\nMay Allah Almighty help and guide me (Ameen). \r\n \r\nSECOND SCHEDULE \r\n \r\n[see section 8(4)] \r\nI,…….do solemnly swear that I will bear true faith and allegiance to Pakistan. \r\nThat as an employee of the office of the Ombudsman for the Province of \r\nPunjab, I will discharge my duties and perform my functions honestly, to the best of \r\nmy ability, faithfully, in accordance with the laws for the time being in force in the \r\nProvince, without fear or favour, affection, or ill-will; \r\n \r\nThat I will not allow my personal interest to influence my official conduct or my \r\nofficial decisions; \r\n \r\nAnd that I will not directly or indirectly communicate or reveal to any person \r\nany matter which shall be brought under my consideration, or shall become known to \r\nme, as an employee of the office of the Ombudsman. \r\n \r\nMay Allah Almighty help and guide me (Ameen).",
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