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Section 3: Appointment of Ombudsman.

The Jammu and Kashmir Municipal Ombudsman Act, 2010Union territory Act of Jammu and Kashmir · Act 20 of 2010

(1) The [Lieutenant Governor] shall, on the advice of the Chief Minister, appoint a person as Ombudsman :

Provided that a person shall not be qualified to be appointed as Ombudsman unless he has been a [Judge of a High Court or is eligible to be appointed as Judge of a High Court or who has held the post of Commissioner or Secretary to the Government or equivalent rank] :

Provided further that the Chief Minister before tendering advice to [the Lieutenant Governor shall consult] the Speaker of the Legislative Assembly, and the leader of the Opposition in the Legislative Assembly. If there is no such Leader of Opposition in the Legislative Assembly, the leader of the single largest group or party in opposition to Government in the Legislative Assembly shall be consulted.

[Provided also that during the continuation of Proclamation issued under section 73 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), the Ombudsman shall be appointed by the Lieutenant Governor on the recommendation of the Committee consisting of––

(a) Advisors to the Lieutenat Governor (one of whom shall be nominated by the Lieutenant Governor, who shall be the Chairperson of the Committee) ; and

(b) Chief Secretary (Member–Secretary).]

(2) The Ombudsman shall, before entering upon office, make and subscribe before the [Lieutenant Governor] an oath or affirmation in the prescribed form.

Where this provision sits

ActThe Jammu and Kashmir Municipal Ombudsman Act, 2010
Section3
Marginal noteAppointment of Ombudsman.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. . Substituted by S.O. 1229(E) dated 31.03.2020 for “Governor”.
  • substituted. . Substituted for “Judge of a High Court or is eligible to be appointed as Judge of High Court” ibid.
  • substituted. . Substituted for “the Governor shall consult the Chairman of the Legislative Council ibid.
  • inserted. . Proviso inserted ibid.

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