About the Ombudsman

  1. There shall be an officer of Parliament who shall be known as the Ombudsman who shall not hold any other office of emolument either in the public service or otherwise nor engage in any occupation for reward other than the duties of his office.
  2. The Ombudsman shall be appointed by resolutions of each House of Parliament for such term as may be prescribed therein.
  3. The Ombudsman shall not enter upon the duties of his office until he has taken and subscribed before the Speaker the oath of allegiance and the oath of office.
  4. Parliament may make provision for the functions, powers and duties of the Ombudsman.
  5. The Ombudsman may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
  6. The Ombudsman shall be removed from office by resolutions of both Houses of Parliament if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to Parliament that he ought to be removed from office for inability as aforesaid or for misbehaviour.
  7. If by both Houses of Parliament it is resolved that the question of removing the Ombudsman under this section ought to be investigates, then-a.the Speaker shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; andb.the tribunal shall enquire into the matter and report on the facts thereof to the Speaker and recommend to Parliament through the Speaker whether the Ombudsman ought to be removed under this section.
  8. If the question of removing the Ombudsman has been referred to a tribunal under this section, both Houses of Parliament may by resolution suspend the Ombudsman from the functions of his office and any such suspension may at any time be revoked by resolutions of both Houses of Parliament, and shall in any case cease to have effect if the tribunal recommends to Parliament through the Speaker that the Ombudsman should not be removed.
  9. If at any time the Ombudsman is for any reason unable to exercise the functions of his office, both Houses of Parliament may by resolutions appoint a person to act as Ombudsman, and any person so appointed shall, subject to the provisions of subsections (7) and (8) of this section, continue to act until the Ombudsman has resumed his functions or until the appointment to act has bee revoked by resolutions of both Houses of Parliament.
  10. The Ombudsman shall, in the exercise of his functions under this Constitution, not be subject to the direction or control of any other person or authority.

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