Appointment of first-ever Ombudsman for Panchayats fails to receive Govt’s attention

Even committee as per amended Act not framed so far
Step imperative as GoI starts releasing funds to elected bodies

Mohinder Verma
JAMMU, Jan 25: Not only for the Urban Local Bodies, the appointment of first-ever Ombudsman for Panchayats in Jammu and Kashmir has also not received the due attention of the Governor’s Administration till date although this step is imperative to ensure utmost transparency in the utilization of funds by these grass root level democratic institutions in the rural areas of the State.
Official sources told EXCELSIOR that in order to enforce transparency and accountability in the Panchayati Raj System especially in the functioning of the elected representatives of these grass root level democratic institutions the State Government in the year 2014 had enacted Jammu and Kashmir Ombudsman for Panchayats Act.
However, no seriousness was shown towards the implementation of this Act till the earlier Panchayats completed their term in June 2016.
The Governor after successfully conducting fresh elections to Panchayats carried out amendment in the J&K Ombudsman for Panchayats Act, 2014 on December 13, 2018 in exercise of the powers vested under Proclamation No.P-1/18 dated June 20, 2018. The amendment was mainly made in Section 3 of the Act of 2014 which deals with the procedure for appointment of the Ombudsman.
“During the continuation of Proclamation issued under Section 92 of the Constitution of Jammu and Kashmir or Article 356 of the Constitution of India, as applicable to the State, the Ombudsman shall be appointed by the Governor on the recommendation of the committee consisting of Advisors to the Governor (one of whom to be nominated by the Governor shall be Chairperson of the Committee) and Chief Secretary (Member Secretary), read the J&K Ombudsman for Panchayats (Amendment) Act, 2018.
This amendment was imperative as in the Act of 2014 it was mentioned that before tendering advise to the Governor for appointment of Ombudsman for Panchayats the Chief Minister will consult the Chairman of the Legislative Council, the Speaker of the Legislative Assembly, the Leader of the Opposition in the Legislative Assembly and the Minister Incharge Panchayati Raj Department. Adopting this procedure was not possible due to dissolution of Assembly hence procedure was changed by carrying out amendment in the Act.
However, till date no step has been initiated by the Governor’s Administration for appointment of Ombudsman for the Panchayats. “Even one of the Advisors who will head the committee for making recommendation has not been nominated by the Governor’s Administration”, sources informed.
It is pertinent to mention here that as per the Act the Ombudsman will have the powers to investigate into any allegation contained in a complaint or on reference from the Government; enquire into any complaint in which corruption or maladministration of a public servant or a Panchayat is alleged; pass an order on the allegation where the irregularity involves a criminal offence committed by a public servant, causes loss or inconvenience to citizens etc.
“Early appointment of Ombudsman is imperative especially when Government of India has started releasing funds to Panchayats for carrying out developmental activities so that there is absolute transparency in the utilization of funds”, sources stressed.
A person who has been a Judge of the High Court or eligible to be appointed as Judge of the High Court or officer retired from the rank of Commissioner/Secretary to the Government would be eligible for the post of Ombudsman.
The Ombudsman will hold office for a term of three years from the date on which he enters upon his office and will not hold office after he attains the age of 70 years. The Ombudsman will be entitled to pay and allowances as admissible to a Judge of the State High Court.
When contacted, an officer of the Rural Development and Panchayati Raj Department confirmed that no step has been initiated for appointment of first-ever Ombudsman for the Panchayats. He, however, admitted that Ombudsman have key role to play in ensuring utmost transparency in the functioning of these grass root level democratic institutions in the rural areas of the State.
In response to a question about setting of Panchayati Adalats, he said, “this step will be initiated after completion of training of Sarpanches and Panches. We want to strictly implement Panchayati Raj Act but it will take time”.

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