5. Section 17 of the principal enactment is hereby repealed and the following section substituted therefor:-
| 17.
| | (1) Upon the conclusion of his investigation, the Ombudsman shall determine whether there has been, or is likely to be-
| | | (a) any infringement of a fundamental right; or |
| (b) any other injustice, including the question as to whether any decision, recommendation, act or omission which was the subject- matter of the investigation-
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| | (2) The Ombudsman shall report his determination, together with his reasons therefor to the head of the institution concerned, and the Minister to whom the department, public corporation, local authority or other institution concerned has been assigned and also to the 'Public Petitions Committee. | | |
| | (3)
| | | (a) In any case where the Ombudsman determines, that there has been or his likely to be an infringement of a fundamental right or any other injustice, the Ombudsman may In his report make such recommendations as he thinks fit, and in such event, may require the head of the institution to notify within a specified time, the steps, if any which he proposes to take to give effect to his recommendations. |
| (b) Without prejudice to the generality of the foregoing provisions of this subsection, the Ombudsman may recommend that-
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| (c) If within the time so specified no action is taken which appears to the Ombudsman to be adequate or appropriate, the Ombudsman shall after considering the observations, if any, made by the Head of the Institution, forward a copy of his report to the President and to Parliament. The Ombudsman shall attach to such report, a copy of the observations, if any, made by the head of the institution concerned. |
| (d) If, within the time so specified, action is taken which appears to the Ombudsman to be adequate or appropriate, the Ombudsman may forward a copy of his report to the President and to Parliament together with a statement of the action taken.". |
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Sri Lanka Consolidated Acts