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State of Telangana - Section

Section 17 in Telangana State District Mineral Foundation (Trust) Rules, 2015

17. Ombudsman.

- The Government shall appoint Ombudsman for addressing the grievances related to the Trust. Any person, who has a grievance against any member, or the functioning of the Trust, or is aggrieved by any decision of the Trust; may, in person or through a representative, may file a complaint to the Ombudsman, in accordance with the procedure as given specified below:
17.1Appointment, tenure and removal. - The Government shall appoint Ombudsman for the Trust. Depending on the scale of mining or mining related operations, the Government shall appoint one person as Ombudsman for one or more districts
17.1.1There shall be a separate Ombudsman for each district where royalty collected on an average is equal or more than Rs. 20 Crore per year for the past three consecutive years.
17.1.2The Government may appoint, as it deems appropriate, one Ombudsman for more than one district in cases where the royalty for each such district is less than Rs.20 Crore per year for the past three consecutive years, provided that the Government shall review such appointments every five years.
17.2Appointment shall be based on the recommendations of the Selection Committee consisting of the following three persons:
Chief Minister of the State Member
Leader of Opposition of the State Member
Chairperson of the State Public ServiceCommission Member
The appointment of the Ombudsman should be basedon consensus of the Committee members.  
17.2.1The Ombudsman so appointed will be from among persons of eminent standing and impeccable integrity.
17.2.2The Ombudsman shall be appointed for tenure of three years extendable by two years based on performance appraisal or till the incumbent attains the age of 65 years, whichever is earlier. There shall be no reappointment. Annual performance appraisal shall be made by the Governing Council.
17.2.3On unsatisfactory performance, the Ombudsman may be removed by the Government on the recommendation of the Governing Council.
17.3Salary and Allowance. - 17.3.1 The salary and allowances allocated to the Ombudsman shall be determined by the Governing Council but not less than that paid to an officer of the rank of first class Judicial Magistrate.
17.3.2In case where one Ombudsman is appointed for a number of districts, the salary shall be as determined by the Government in consultation with concerned Governing Councils and contributions of various Trusts shall be proportionate to their annual royalties.
17.4Jurisdiction. - The jurisdiction of the Ombudsman shall include all issues concerning the Trust.
17.5Location of Office. - The office of the Ombudsman shall be located in the District Headquarters. In case where there is one Ombudsman for more than one district, in one of the districts.
17.6Office support. - Ombudsman may employ or may keep on retainership the following, subject to approval by the Governing Council
17.6.1Legal officers with at least 5 years experience as an advocate,
17.6.2Administrative staff to support the office
17.6.3Technical staff
17.7Powers and duties. - 17.7.1 Receive complaints against the functionaries of the Trust on any matters as specified in Rule 17.8.
17.7.2Determine if such complaints are frivolous.
17.7.3In cases of non-frivolous complaints, initiate and pursue the matter in the courts and follow it to the logical conclusion. The Ombudsman shall represent the case of the complainant before the Court, and shall present herself/himself before the court as required.
17.7.4Present the facts, witnesses and evidence before the Court to enable the Court to make a fair decision.
17.7.5Prepare affidavits, and other documents as required in pursuance of the complaint.
17.7.6Requisition of any public record or document or copies thereof from any Court or office.
17.7.7To maintain confidentiality of any information or document coming into his knowledge or possession in the course of discharging his duties and not disclose such information or document to any person except with the consent of the person furnishing such information or document; provided that nothing in this clause shall prevent the Ombudsman from disclosing information or documents furnished by a party in a complaint to the other party or parties, to the extent considered by him/her to be reasonably required to comply with the principles of natural justice and fair play in the proceedings.
17.7.8To furnish a report every year containing a general review of activities of the office of the Ombudsman during the preceding financial year to the Governing Council along with such other information that may be considered necessary. In the annual report, the Ombudsman, on the basis of grievances handled by him/her, will review the quality of the working of the Trust members/authorities/committees and make recommendations to improve functioning of the Trust and Trust Fund. The report shall be put on the website of the Government.
17.8Grounds on which complaint can be filed. - A complaint pertaining to any one or more of the following subjects alleging deficiency in the implementation of the Trust can be filed with the Ombudsman:
17.8.1Gram Sabha functioning related to the Trust
17.8.2Discrimination on the basis of caste, religion, gender in relation to utilization of Trust Fund.
17.8.3Quality of work of the Trust, its members or Committees
17.8.4Engagement of contractors
17.8.5Operation of accounts in the bank or post offices
17.8.6Registration and disposal of complaints
17.8.7Inspection of documents
17.8.8Use of funds
17.8.9Release of funds
17.8.10Annual audits of the Trust
17.8.11Social audit
17.8.12Maintenance of records
17.9Procedure for filing the complaint and disposal thereof.
17.9.1Any person, who has a grievance against the Trust Authorities or member(s), may, in person or through an authorized representative, make a complaint in writing to the Ombudsman.
17.9.2The complaint shall be duly signed by the complainant and his authorized representative, if any, and shall state clearly the name and address of the complainant, the name of the office and official of the Trust against whom the complaint is made, the facts giving rise to the complaint supported by documents, if any, relied on by the complainant and the relief sought.
17.9.3A complaint made through electronic means shall also be accepted by the Ombudsman and a print out of such complaint shall be taken on the record of the Ombudsman. A printout of the complaint made through electronic means shall be signed by the complainant at the earliest possible opportunity before the Ombudsman takes steps for disposal. The signed printout shall be deemed to be the complaint and it shall relate back to the date on which the complaint was made through electronic means.
17.9.3.1Disposal of such complaint by Ombudsman shall be made at the earliest after considering all facts and evidences.
17.9.4No complaint to the Ombudsman shall lie unless:
17.9.4.1It pertains to subjects or persons outside the purview of the Trust defined in these Rules.
17.9.4.2The complaint is not in respect of the same subject matter which was disposed by the Office of the Ombudsman in any previous proceedings whether or not received from the same complainant or along with any one or more complainants or any one or more of the parties concerned with the subject matter.
17.9.4.3No complaint shall be made to the Ombudsman on an issue which has been or is the subject matter of any proceeding in an appeal, revision, reference or writ before any Tribunal or Court.
17.10Register of complaints and annual report:
17.10.1The Ombudsman shall maintain a register of complaints with details of related facts and evidences.
17.10.2The Ombudsman shall prepare an Annual Report of its activities including number of complaints, relevant details thereof and the actions taken in a financial year. The report shall also include the amount received from the Trust Fund and details of expenditure incurred during the financial year.
17.10.3The Ombudsman shall submit the Annual Report to the Governing Council.
17.10.4The Register and Annual Report so prepared shall be put in public domain by the Ombudsman.