1988 Ed.]
Commissioner for Administrative Complaints
[CAP. 397
3
CHAPTER 397
COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS
To make provision for the appointment, powers and functions of a Commissioner to investigate complaints concerning administrative actions taken on behalf of the Government or public authorities, and for purposes connected therewith.
Originally 67 of 1988 — L.N. 7668 (P&P)
• L.N. 27 of 1988. L.N. 357 of 1989, L.N. 37/3/89, L.N. 104/89 L.N. 236/90
PART I
PRELIMINARY
1
Short title and commencement
1. This Ordinance may be cited as the Commissioner for Administrative Complaints Ordinance, and shall come into operation on a day to be appointed by the Governor by notice in the Gazette.
Interpretation
2. (1) In this Ordinance, unless the context otherwise requires-
"action" includes omission, recommendation or decision;
"Commissioner" means the Commissioner for Administrative Complaints appointed under section 3;
"department" means any department of the Government, or other organization, specified in Schedule 1;
"head of department" means the head, director or equivalent officer of any department;
"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 discriminatory 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