Cap. 385 Art. 17AAppointment, functions, etc., of Commissioners for Administrative Investigations.
(1) The Ombudsman may appoint Commissioners for
Administrative Investigations, hereinafter "the Commissioners", for specialized areas as may be determined by him, with the concurrence of the Prime Minister. The Commissioners shall be
Officers of Parliament and shall be appointed by the Ombudsman to the post. In default of receipt of such communication within three weeks from the date when the Ombudsman informs in writing both the Prime Minister and the Leader of the Opposition of the decision to appoint such Commissioner or from the date when a vacancy arises in any such office, the appointment of Commissioner shall be made by the Ombudsman acting in accordance with his own deliberate judgment:
Provided that the term of office of all persons appointed to such office shall lapse on the same date, and any person filling any vacancy which occurs during such term shall serve until the expiration of the term of office of his predecessor and the term of office of any new appointments shall lapse on the same date as that of the term of office of all other persons appointed under this article.
(3) The Commissioners shall be so appointed from amongst persons knowledgeable and well versed in those specialized areas for which they shall be appointed to investigate. Notice of their respective appointments, dates of appointment and dates on which they shall vacate their office shall be published in the Gazette.
(4) The Commissioners shall be paid such salary and allowances, which shall be a charge on the Consolidated Fund, as may be determined by the Ombudsman, with the concurrence of the Prime Minister. Such salary and allowances shall be published by way of Order in the Gazette.
(5) The functions of the Commissioners shall be approved by the Ombudsman after consultation with the Prime Minister and shall be published by way of rules in the Gazette.
(6) The Commissioners shall communicate their report to the Government, or other authority, body or person to whom this Act applies and to the complainant, if any. Before communicating any report as aforesaid a Commissioner may seek the Ombudsman’s opinion on any matter of substance or procedure thereon. The Ombudsman, may establish a list of those subject matters upon which the Commissioners have received his opinion.
(7) Saving the provisions of article 17D, the Ombudsman shall not accept complaints asking him to review the report of any Commissioner once such report has been communicated to the Government, or other authority, body or person to whom this Act applies and to the complainant, if any, except in cases where the Ombudsman considers that there are issues relating to breach of the rules of natural justice.