A394
Ord. No. 67/88
Appointment and tenure of office
Commissioner
COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS
"investigation" means an investigation by the Commissioner under this
Ordinance;
"maladministration" means inefficient, bad or improper administration and, without derogation from the generality of the foregoing, includes-
(a) unreasonable conduct, including delay, discourtesy and lack of
consideration for a person affected by any action;
(b) abuse of any power (including any discretionary power) or
authority including any action which
(i) is unreasonable, unjust, oppressive or improperly discri- minatory or which is in accordance with a practice which is or may be unreasonable, unjust, oppressive or improperly discriminatory;
or
(ii) was based wholly or partly on a mistake of law or fact; or (c) unreasonable, unjust, oppressive or improperly discriminatory
procedures;
"officer" includes employee.
(2) Any reference in this Ordinance to a department includes a reference to the officers of that department.
PART II
APPOINTMENT OF COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS
3. (1) For the purpose of conducting investigations in accordance with the provisions of this Ordinance there shall be a Commissioner, to be known as the Commissioner for Administrative Complaints.
(2) The Commissioner shall be appointed in writing under the hand of the Governor.
(3) Any person appointed as Commissioner shall, subject to sub- section (4), hold office for a period of 5 years and shall be eligible for reappointment.
(4) A person appointed to be the Commissioner may--
(a) at any time resign his office by notice in writing to the Governor; (b) be removed from office by the Governor with the approval by resolution of the Legislative Council on the ground of inability to discharge the functions of his office, or misbehaviour.
(5) The emoluments of the Commissioner, and the terms and conditions of his appointment, shall be determined by the Governor.
(6) Any salary or other benefit payable to the Commissioner shall be charged on the general revenue.
4. The Commissioner shall not, without the specific approval to hold no other of the Governor, hold any office of profit, other than his office as Commissioner, or engage in any occupation for reward outside the duties of his office.
office
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