23. (1) Every State Government shall appoint one or more Ombudsman,—
(a) possessing such qualification and experience as may be prescribed, or
(b) designate any of its officers not below such rank, as may be prescribed, by
that Government,
to exercise such powers and discharge such functions, as may be conferred on Ombudsman
under this Act.
(2) The terms and condition of the service of an Ombudsman appointed under
clause (a) of sub-section (1) shall be such as may be prescribed by the State Government.
(3)The Ombudsman appointed under sub-section (1) shall have such jurisdiction in
respect of such area or areas as the State Government may, by notification, specify.
24. (1) The Ombudsman shall, upon a complaint made by any person, inquire into the
violations of the provisions of this Act, in relation to acts of discrimination mentioned in
section 3 and providing of healthcare services by any person, in such manner as may be
prescribed by the State Government.
(2) The Ombudsman may require any person to furnish information on such points or
matters, as he considers necessary, for inquiring into the matter and any person so required
shall be deemed to be legally bound to furnish such information and failure to do so shall be
punishable under sections 176 and 177 of the Indian Penal Code.
(3) The Ombudsman shall maintain records in such manner as may be prescribed by
the State Government.
25. The complaints may be made to the Ombudsman under sub-section (1) of section 24
in such manner, as may be prescribed, by the State Government.
26. The Ombudsman shall, within a period of thirty days of the receipt of the complaint
under sub-section (1) of section 24, and after giving an opportunity of being heard to the
parties, pass such order, as he deems fit, giving reasons therefor:
Provided that in cases of medical emergency of HIV positive persons, the Ombudsman
shall pass such order as soon as possible, preferably within twenty-four hours of the receipt
of the complaint.
Appointment
of
Ombudsman.
Powers of
Ombudsman.
45 of 1860.
Procedure of
complaint.
Orders of
Ombudsman.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
27. All authorities including the civil authorities functioning in the area for which the
Ombudsman has been appointed under section 23 shall assist in execution of orders passed
by the Ombudsman.
28. The Ombudsman shall, after every six months, report to the State Government, the
number and nature of complaints received, the action taken and orders passed in relation to
such complaints and such report shall be published on the website of the Ombudsman and
a copy thereof be forwarded to the Central Government.