Investigation

(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.