Chapter XXV B

210[RIGHT TO INFORMATION] 271 A. Definitions. - For the purpose of this chapter, - (a)‘Information’ means any materials or information contained in a document relating to the administrative, developmental or regulatory functions of a Panchayat and includes any document or record relating to the affairs of the Panchayat. (b)‘right to Information’ means the right to have access to information and includes the right to take certified copies or relevant extracts of a document. (c)‘Notified document’ means any document of the Panchayat notified by the Government under sub-section (2) of section 271B. 271 B. Right to information. - (1) Every person bonafide requiring any information shall have the right to get such information in accordance with the procedure prescribed. (2)Notwithstanding anything contained in sub-section (1), the Government may, in the interest of public and local administration by notification in the Gazette, classify any document containing special categories of information as notified document and no person shall have any right to such information and the Panchayat may reject any application to get such information. (3)The Government may, by general or special order, direct the Panchayat to publish, the categories of information mentioned in such order for the general information of the people living in the area of a Panchayat. 271 C. Procedure for furnishing information. - (1) A person, requiring any information from a Panchayat, shall make an application to the Secretary of that Panchayat in such form and in such manner and paying such fees as may be prescribed in that behalf and the Secretary or the officer authorised by the Panchayat shall, furnish such information to the applicant within the prescribed period unless the application is rejected or otherwise disposed of within that period.

1. (2) If any application for information is rejected, the reason for such rejection shall be given in writing. 271 D. Penalty for withholding information. - (1) The Secretary or any officer of the Panchayat responsible for furnishing any information under this Chapter shall be personally liable for furnishing the same within the period prescribed unless such information is in respect of a notified document.
2. (2) Where such information is not furnished within the time specified, the officer responsible for not furnishing the information shall be punishable with a fine of rupees fifty for each day of delay after the due date for furnishing the information and the fine so collected shall be credited to the fund of the Panchayat. Added by Act 13 of 1999. (3)where the Secretary of the Panchayat or any other officer bound to furnish the information fails to do so or furnishes false information in respect of its material particulars which he knows or has reason to believe it to be false or not true, he shall be punishable with a fine which shall not be less than rupees one thousand. 271 E. Protection of action taken in good faith. - Notwithstanding anything contained in section 271 D the Secretary or the officer bound to furnish the information after making a thorough search find that the document is not traceable by reason of the expiry of the period for preservation of that document or the document is not available or for any other valid reason and that the information cannot, therefore, be furnished, the matter shall be communicated to the applicant and dispose of the application and no action shall lie against him.

OMBUDSMAN FOR LOCAL SELF GOVENRMENT INSTIUTIONS 271 F. Definitions. - (1) For the purpose of this Chapter, - (a)‘action’ means action taken by way of decision, recommendation, resolution or finding or in execution thereof or in exercise of administrative or legal functions in any other manner and includes wilful default in taking action or omission and all other expressions connoting such action shall be construed accordingly; (b)‘allegation’, - (a)in relation to a public servant means, any affirmation that such public servant, - (i)has abused his position as such for any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person; (ii)was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motives; (iii)is guilty of corruption, favouritism, nepotism or lack of integrity; (iv)is guilty of any action as public servant which facilitates or causes to make any loss, waste or misapplication of money or other property of the Local Self Government Institution. (b)In relation to a Local Self Government Institution means any affirmation that such Local Self Government Institution has defaulted or acted in excess of its powers in the discharge of its functions imposed on it by law or in implementing the lawful orders and directions of the Government; (c)‘Complaint’ means a statement of allegation that a public servant or a Local Self Government Institution is guilty of corruption or maladministration and includes any reference to an allegation in respect of which suo moto enquiry has been proposed or recommendation for enquiry has been made by Government; (d)‘Corruption’ includes anything publishable under Chapter X of the Indian Penal Code (Central Act 45 of 1860) or under the Prevention of Corruption Act, 1988 (Central Act 49 1988); (e)‘Maladministration’ means action taken or purporting to have been taken in the exercise of administrative function in any case, - (i)Where such action, administrative procedure or practice governing such auction is unreasonable, unjust, oppressive, discriminatory or nepotic and will make illegitimate, gain or loss or will deny deserving benefits; or (ii)Where there is wilful negligence or delay in taking such action, or the administrative procedure or method regulating such action will cause undue delay and includes the action leading to loss or waste or misuse of fund by mal-feasance or misfeasance.

(f)‘Ombudsman’ means the ombudsman [referred to in section] 271 G; (g)‘Public Servant’ means an employee, or officer under the Local Self Government Institution or an elected member of the Local Self Government Institution including its President or Chairperson and includes an employee or officer of any office or institution transferred to the Local Self Government Institution under the Provisions of this Act; (h)‘Secretary’ means the Secretary of the Ombudsman [referred to in section] 271 G; (i)‘investigating officer’ means an officer authorised by the Ombudsman to conduct investigation in respect of an allegation or complaint.

213[271 G. Term of office and conditions of Service of Ombudsman. - (1)There shall be an authority for Local Self Government Institutions, at State Level known as ‘Ombudsman’ for making investigations and enquiries, in respect of charges on any action involving corruption or maladministration or irregularities in the discharge of administrative functions, in accordance with the provisions of this Act by Local Self Government Institutions and Public Servants working under them and for the disposal of such complaint in accordance with Section 271 Q. (2)The Governor shall, on the advice of the Chief Minister, appoint a person who has held the post of a Judge of the High Court as Ombudsman. (3)A person appointed to be the Ombudsman shall, before he enter upon his office, make and subscribe before the Governor or some person appointed in that behalf by him, an oath or affirmation according to the form set out below: - “I,A.B. having been appointed as the Ombudsman for Local Self Government Institutions under the Kerala Panchayat Raj Act, 1994, do swear in the name of God/Solemnly affirm that I will bear true faith and allegiance to the Constitution of India and I will duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour, affection or ill-will”. (4)A person appointed as Ombudsman shall hold office for a term of three years from the date on which he enters upon his office: Provided that, - (a)the Ombudsman may, by writing under this hand addressed to the Governor, resign his office; and (b)the person appointed as Ombudsman may be removed from his office in the manner provided in Section 271 H. (5)The person appointed as Ombudsman shall be entitled for salary and allowances as are admissible to a Judge of the High Court of Kerala. 211 212 213 Substituted by Act 12 of 2001. Substituted by Act 12 of 2001. Substituted by Act 12 of 2001.

(6)On expiry of his term of office as Ombudsman, he shall not be eligible for reappointment as Ombudsman or for further appointment to any office of profit under the Government of Kerala or in any corporation, company, society or university by or under the control of the Government of Kerala.]

214[271 H. Removal of Ombudsman. - (1) The Ombudsman shall not be removed from his office, except by an order of the Governor, passed after an address by the State Legislative Assembly, supported by a majority of the total membership of the House and by a majority of not less than two-thirds of the members of the Legislative Assembly present and voting, has been presented to the Governor in the same session for such removal, on the ground of proved misbehaviour or incapacity. (2)The procedure for the presentation of an address under sub-section (1) and for the investigation and proof of the misbehaviour or incapacity of the Ombudsman shall be in accordance with the provisions of law made by the Legislative Assembly.] 271 I. Staff of the Ombudsman. - (1) The Ombudsman shall have a Secretary, and such other officers and employees as the Government may determine in consultation with the Ombudsman to assist the Ombudsman in the exercise of its powers and discharge of its functions under this Act. (2)The appointment and conditions of service of the Secretary and the employees shall be such as may be specified by the Government and as far as possible appointment on deputation from Government Department shall be resorted to. (3)The Ombudsman may require the assistance of any Officer of any Government Department in order to ascertain the veracity of an allegation under investigation and such officer shall be bound to render such assistance in addition and without detriment, to his official duties. (4)The Ombudsman may utilise the services of any person having experience and expertise in any particular subject in deciding the questions before it. 271 J. Functions of the Ombudsman. - (1) The Ombudsman shall perform all or any of the following functions, namely: - (i)Investigate into any allegation contained in a complaint or on a reference from Government, or that has come to the notice of the Ombudsman; (ii)Enquire into any complaint in which corruption or maladministration of a public servant or a Local Self Government Institution is alleged; (iii)Pass an order on the allegation in the following manner, namely: - (a)Where the irregularity involves a criminal offence committed by a public servant, the mater shall be referred to the appropriate authority for investigation. Substituted by Act 12 of 2001.

(b)Where the irregularity causes loss or inconvenience to a citizen, direct the Local Self Government Institution to give him compensation and to reimburse the loss from the person responsible for the irregularity; (c)Where the irregularity involves loss or waste or misuse of the fund of the Local Self Government Institution, realise such loss from those who are responsible for such irregularity, and (d)Where the irregularity is due to omission or inaction cause to supply the omission and to rectify the mistake. (2)In addition to the functions enumerated in sub-section (1), the Ombudsman may pass interim order restraining the Local Self Government Institution from doing anything detrimental to the interest of the complainant if it is satisfied that much loss or injury will be caused to the complainant due to the alleged act. (3)The Ombudsman may by order, impose penalty in addition to compensation if it is of opinion that the irregularity involves corrupt practice for personal gain. 271 K. Powers of the Ombudsman. — (1) The Ombudsman shall, for the purpose of any investigation or enquiry under this Act, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908) in respect of the following matters, namely: - (a)summoning and enforcing the attendance of any witness and examining him; (b)requiring the discovery and production of any document; (c)receiving evidence on affidavits; (d)requisitioning any public records, or copy thereof from any Court or Office; (e)issuing commissions for the examination of witness; (f)such other powers as are prescribed; (2)Where the Ombudsman finds that the allegation contained in a complaint is without any substance or trivial in nature it may by order direct the complainant to pay to the opposite party so much of the amount specified in the order by way of cost. (3)Where the allegation contained in a complaint is about the loss or waste or misapplication of the fund of the Local Self Government Institution or in respect of the loss or misconvenience caused to a citizen, the Ombudsman may, during enquiry, collect evidence, determine the loss and direct in its order the amount to be realised from the person responsible. (4)If the amount paid as per the order passed by the Ombudsman under sub-section (2) or sub-section (3) is not paid within the period specified by it, the same shall be recoverable by

Service of Government Departments. - The Government may, at the request of the Ombudsman make available the services of officers and employee of the Government including police personnel to assist the Ombudsman in the conduct of investigation and

enquiry and in respect of such functions such Officer or employee shall be deemed to be the officer or employee of the Ombudsman.

(1) The Ombudsman may, according to the provisions of this Act, enquire into any complaint filed before it under this Act. (2)Notwithstanding anything contained in this Act the Government may refer any allegation of corruption or maladministration against a Local Self Government Institution or a public servant which is within its knowledge or brought to its notice, to the Ombudsman and the Ombudsman shall enquire into it as if it was a complaint filed under this Act. (3)The Ombudsman may, on receipt of a complaint, conduct an investigation in the matter and where there is prima facie case it may conduct a detailed enquiry. (4)The Ombudsman shall not enquire into matters relating to, - (a)any matter in respect of which a formal and public enquiry has been ordered by Government; (b)any matter in respect of which a remedy is available from the Tribunal for Local Self Government Institutions constituted under Section 271S; (c)any matter in respect of which an enquiry has been ordered under the Commission of Inquiries Act, 1952 (Central Act 60 of 1952) or any matter pending before a court; (d)any complaint filed after the expiry of three years from the date on which the matter complain against have taken place: Provided that the Ombudsman may entertain such complaint if the complainant satisfies that he had sufficient reason for not filing the complaint within the specified period. 271 N. Enquiry. - (1) After an investigation if the Ombudsman is satisfied that, - (a)the complaint is frivolous or vexatious or is not made in good faith; or (b)there is no sufficient ground to initiate proceedings; or (c)other remedies are available to the complainant and it would be more beneficial for the complainant to avail of such remedies in view of the circumstances of the case, it may dispose of the complaint as rejected after recording its findings stating the reason therefore, and communicate the same to the complainant. (2) If, the Ombudsman is of opinion that there is a prima-facie case against the person or the Local Self Government Institution complained of it shall record its findings to this effect and send notices of the proposed enquiry to the complainant and to the opposite party. (3)The Ombudsman shall, subject to the provisions of this Act and the rules made there under, have power to regulate its procedures by fixing the time and place of sitting. 215[(4) (5) xxxx] (6) In any proceedings before the Ombudsman, no legal practitioner will be permitted to represent any person, unless the Ombudsman permits, by an order, a person to be represented by a legal practitioner for reasons to be recorded. 271 O. Existing cases to be transferred to Ombudsman. - (1) Notwithstanding anything contained in the Kerala Lok-Ayukta Act, 1999 (8 of 1999) or any other law, if any proceedings, filed and not disposed of under the said Act, before the constitution of Ombudsman as per the provisions of this chapter, relate to a public servant or Local Self Government Institution as per the provisions of this Act, all cases with regard to such proceedings shall be transferred to the Ombudsman and the Ombudsman shall decide the cases in accordance with the provisions of this Act. (2)All cases, with regard to the loss, wastage and misappropriation of any land of the Local Self Government Institution, pending before the Government or any other authority and disposed of just before the constitution of Ombudsman and the Ombudsman shall dispose of the cases in accordance with the provisions of this Act. (3)No complaint, against a public servant as defined in this chapter, shall be entertained by a Lok-Ayukta or Upalok-Ayukta constituted as per the Kerala Lok-Ayukata Act, 1999 (8 of 1999) on or after the date of the constitution of Ombudsman as per the provisions of this chapter. 271 P. Initiation of prosecution. -(1) If, after an investigation or inquiry, the Ombudsman finds that there is a prima-facie case against the accused involving a criminal offence, the Ombudsman may refer the complaint and the findings to a competent authority with recommendation to initiate prosecution. (2) The authority responsible, for initiating such prosecution shall conduct a detailed enquiry if necessary and charge a case. 271 Q. Disposal of complaints. - (1) The Ombudsman may consider and dispose of complaints other than those involving criminal offences, in the following manner, - (i)award of compensation, to a citizen in case of loss or grievance; (ii)Order the recovery of loss caused to the Local Self Government Institution from the person responsible; (iii)Order the supply of omission or rectification of defects due to inaction; (iv)Order the recovery of loss from the accused failing which, order realisation through Revenue Recovery Proceedings; (v)Order other necessary remedial measures considering the facts and circumstances of the case. Omitted by Act 12 of 2001. (2)Where the Ombudsman finds that the procedure or practice regarding the administration of Local Self Government Institution gives room for complaint, it may give suggestions to the Government or Local Self Government Institutions relating to the measures for avoiding the recurrence of such complaint. (3)The Ombudsman shall give annually a detailed report regarding the performance of its functions under this Act to the Government and the Government it shall lay it before the Legislative Assembly with an explanatory memorandum. 271 R. Procedures to be prescribed. - The Government may make rules in respect of the following matters, namely: - (i)The conditions of service of 216[the person of the Ombudsman and Ombudsman’s] staff; (ii)The manner of filing complaints before the Ombudsman and the manner or filling cases either suo moto or on reference by State Government (iii)The manner and procedure of conducting investigation; (iv)Procedure for moving the appropriate authority for the initiation of prosecution; (v)Procedure to be followed during the inquiry, which as far as possible be summary proceedings; (vi)The manner of implementing the order of the Ombudsman and further proceedings; (vii)The form for filing complaints to Ombudsman; (viii)Any other matter which the Government may deem necessary to prescribe. Substituted by Act 12 of 2001.

1. (2) If, the Ombudsman is of opinion that there is a prima-facie case against the person or the Local Self Government Institution complained of it shall record its findings to this effect and send notices of the proposed enquiry to the complainant and to the opposite party. (3)The Ombudsman shall, subject to the provisions of this Act and the rules made there under, have power to regulate its procedures by fixing the time and place of sitting. 215[(4) (5) xxxx]
2. (6) In any proceedings before the Ombudsman, no legal practitioner will be permitted to represent any person, unless the Ombudsman permits, by an order, a person to be represented by a legal practitioner for reasons to be recorded.

271 O. Existing cases to be transferred to Ombudsman. - (1) Notwithstanding

anything contained in the Kerala Lok-Ayukta Act, 1999 (8 of 1999) or any other law, if any proceedings, filed and not disposed of under the said Act, before the constitution of Ombudsman as per the provisions of this chapter, relate to a public servant or Local Self Government Institution as per the provisions of this Act, all cases with regard to such proceedings shall be transferred to the Ombudsman and the Ombudsman shall decide the cases in accordance with the provisions of this Act. (2)All cases, with regard to the loss, wastage and misappropriation of any land of the Local Self Government Institution, pending before the Government or any other authority and disposed of just before the constitution of Ombudsman and the Ombudsman shall dispose of the cases in accordance with the provisions of this Act. (3)No complaint, against a public servant as defined in this chapter, shall be entertained by a Lok-Ayukta or Upalok-Ayukta constituted as per the Kerala Lok-Ayukata Act, 1999 (8 of 1999) on or after the date of the constitution of Ombudsman as per the provisions of this chapter. 271 P. Initiation of prosecution. -(1) If, after an investigation or inquiry, the Ombudsman finds that there is a prima-facie case against the accused involving a criminal offence, the Ombudsman may refer the complaint and the findings to a competent authority with recommendation to initiate prosecution.

1. (2) The authority responsible, for initiating such prosecution shall conduct a detailed enquiry if necessary and charge a case.

271 Q. Disposal of complaints. - (1) The Ombudsman may consider and dispose of

complaints other than those involving criminal offences, in the following manner, - (i)award of compensation, to a citizen in case of loss or grievance; (ii)Order the recovery of loss caused to the Local Self Government Institution from the person responsible; (iii)Order the supply of omission or rectification of defects due to inaction; (iv)Order the recovery of loss from the accused failing which, order realisation through Revenue Recovery Proceedings; (v)Order other necessary remedial measures considering the facts and circumstances of the case. Omitted by Act 12 of 2001.

(2)Where the Ombudsman finds that the procedure or practice regarding the administration of Local Self Government Institution gives room for complaint, it may give suggestions to the Government or Local Self Government Institutions relating to the measures for avoiding the recurrence of such complaint. (3)The Ombudsman shall give annually a detailed report regarding the performance of its functions under this Act to the Government and the Government it shall lay it before the Legislative Assembly with an explanatory memorandum. 271 R. Procedures to be prescribed. - The Government may make rules in respect of the following matters, namely: - (i)The conditions of service of

216[the person of the Ombudsman and Ombudsman’s] staff; (ii)The manner of filing complaints before the Ombudsman and the manner or filling cases either suo moto or on reference by State Government (iii)The manner and procedure of conducting investigation; (iv)Procedure for moving the appropriate authority for the initiation of prosecution; (v)Procedure to be followed during the inquiry, which as far as possible be summary proceedings; (vi)The manner of implementing the order of the Ombudsman and further proceedings; (vii)The form for filing complaints to Ombudsman; (viii)Any other matter which the Government may deem necessary to prescribe. Substituted by Act 12 of 2001.