Changes in the law: Ombudsman act to include private entities

The bill says the provincial ombudsman should hold office for four years

PESHAWAR: The Khyber-Pakhtunkhwa government is including private sector organisations, working on behalf of the government, in the ambit of K-P Provincial Ombudsman Act, 2010.

The government has submitted a bill titled ‘K-P Provincial Ombudsman (Amendment) Act, 2016’ in the provincial assembly, making certain changes in the law. They are particularly related to its jurisdiction and terms of the provincial ombudsman.

The bill was supposed to be tabled in the house on Monday, but the day’s agenda was suspended for discussion on the Quetta carnage. As per a copy of the bill, which is available with The Express Tribune, changes will be made to Section 2 of the law and it alters the definition of the ‘agency’ from which an aggrieved person can lodge complaint application to the provincial ombudsman.

The bill adds any public or private sector organisation, which renders services or implements work on behalf of the government, to the ambit of the law. Thus, the public may seek the ombudsman’s help in case they have any problems with such organisations or its employees.

It also makes changes to Section 4 of the act which defines the tenure of the provincial ombudsman. It says that the officer should hold office for a period of four years and cannot be eligible for re-appointment or extension, as the case may be, under any circumstances.

However, the provincial ombudsman should continue to hold office after the expiry of his four-year period till a successor takes charge. It does not specify the time period in which the government has to appoint a new provincial ombudsman after the existing one completes his term.

Changes have also been made to Section 5 of the act and they allow the provincial ombudsman to work in a judicial or quasi-judicial office after he/she seizes to hold his office. Earlier, he/she was not allowed to hold any office before the expiry of his term.

It further says the provincial ombudsman may designate one of its officers, not below the rank of BPS-17, as a grievance commissioner for an agency against which a large number of complaints are received.

The amendment also makes changes in the representation clause of the law. Under it, a person or agency, aggrieved by the order or recommendations of the provincial ombudsman, may appeal to the governor within 30 days of the order. The bill adds that the operation of the challenged order, recommendations, decision or findings should remain suspended for a period of 60 days if a representation is instituted.

Published in The Express Tribune, August 10^th, 2016.