Section 3 in The Jammu and Kashmir Municipal Ombudsman Act, 2010
3. Appointment of Ombudsman.
(1)The Governor shall, on tin 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 High Court or who has held the post of Commissioner/ Secretary to the Government or equivalent rank] [Substituted 'Judge of a High Court or is eligible to be appointed as Judge of High Court' by Governor Act No. 39 of 2018, dated 12.12.2018.]:Provided further that the Chief Minister before tendering advice to the Governor shall consult the Chairman of the Legislative Council,tin Speaker of the Legislative Assembly, and the leader of the Opposition in the Legislative Assembly. If there is no such Leader of Opposition in tin Legislative Assembly, the Leader of the single largest group or party in Opposition to Government in the Legislative Assembly shall be consulted.[Provided that 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:(a)Advisors to the Governor (one of whom to be nominated by the Governor shall be Chairperson of the Committee); and(b)Chief Secretary (Member-Secretary).](2)The Ombudsman shall, before entering upon office, make and subscribe before the Governor an oath or affirmation in the prescribed form.
