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The ombudsman question

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Md. Fouad Hossain Sarker:
Ombudsman Act 1980

Appointment:
The ombudsman shall be appointed by president on the recommendation of the parliament. [Article 3(1)]
Qualification: Parliament shall recommend for appointment as ombudsman a person of known legal or administrative ability and conspicuous integrity. [Article 3(2)]

Tenure:
The ombudsman shall hold his office for a term of three years, and shall be eligible for reappointment for one further term. [Article 4(1)]
Removal: The ombudsman may be removed from his office by the order of the president passed pursuant to a resolution of parliament supported by a majority of not les than two-thirds of the total members of parliament on the ground of proved misconduct or physical incapacity. [Article 4(2)]

Remuneration and other conditions of service:
The remuneration, privileges and other conditions of service of the ombudsman shall be the same as are admissible or applicable to a judge of the Appellate Division. [Article 5]

Md. Fouad Hossain Sarker:
Functions

Investigation:
The ombudsman may investigate any action taken by a ministry, a statutory public authority, or public officer.

Report:
If, after investigation of any action, it appears to the ombudsman that injustice has been caused to complaint or to any other person in consequence of maladministration in connection to such action, the ombudsman may, by a written report, recommend to the competent authority concerned that such injustice should be remedied in such manner and within such time as may be specified in the report.
Annual report:
The ombudsman shall prepare an annual report concerning the discharge of his functions and submit it to the president. [Articles 6 & 9]

Md. Fouad Hossain Sarker:
Power:
For the purpose of an investigation, the ombudsman may require any public officer or any other person who, in his opinion, is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document. [Article 8(1)]

Exemption:
With gazette notification, the government may exempt any public officer or class of public officers from the jurisdiction of the ombudsman. [Article (15)]

Immunities:
No suit, prosecution or other legal proceeding shall lie against ombudsman or any member of his staff in respect of anything which is done in good faith. [Article 16(1)]

Md. Fouad Hossain Sarker:
Recently a seminar was organized by Manusher Jonno Foundation, (MJF) and Transparency International Bangladesh TIB. Seminar paper followed by open discussion recommended to review the act in following areas:

Tenure:
The ombudsman shall hold office for five years instead of three years as stipulated in the act.

Jurisdiction:
Under the 1980 act, ministries, statutory public authorities and public officers all fall within the jurisdiction of the ombudsman. However the jurisdiction does not include several categories of public functionaries. Recommendation of the Law Commission may be considered which proposed widening of the mandate of ombudsman including illegal acquisition of property by public functionaries.

Exemption:
Exemption provision of Article 15 should be dropped from the act.

Md. Fouad Hossain Sarker:
Budget:
The act has made no provision of financial resources for the ombudsman, but it should have full freedom to draw its own budget to be provided under the category of "charged expenditure" of the national budget.

Commitment:
If ombudsman is not satisfied with the action taken or proposed to be taken by the competent authority, a special report should be made to the higher authority including court.

Self Regulation:
In order to ensure transparency and accountability of ombudsman, self-mechanism of ombudsman should be developed without revealing identities; information of all activities should be made available and regularly updated for public information through website.


Source: Seminar Paper on "Ombudsman for Good Governance in Bangladesh: Why & How?" by Dr. Iftekharuzzaman, Executive Director, TIB.

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