| Bangladesh: Integrity Scorecard Report > Sub-Category: National Ombudsman | ||
| Indicators | Score | |
| 52 | In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector? | 100 |
| 53 | Is the national ombudsman effective? | 5 |
| 54 | Can citizens access the reports of the ombudsman? | 33 |
Indicator and sub-Indicator Details
| 52 | In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector? | |||||||
| 52: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector? | ||||||||
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Comments: Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this institution until 1980, when late President Ziaur Rahman took initiative to establish the office of Ombudsman. Accordingly, an act was passed by the then Parliament. Unfortunately, no government made this law effective by establishing an office of the ombudsman. In 2002, after 21 years, the Ombudsman Act was made effective, but an earlier decision of updating the act was ignored. Till date, the office of the ombudsman has not come into being. In the context of emerging needs and success of other countries, Bangladesh has set up a national sector, the Tax Ombudsman office, in July 2006. References: Article 77 of the Constitution of Bangladesh states that "Parliament may, by Law, provide for the establishment of the office of Ombudsman." Article 77(2) states: "The ombudsman shall exercise such powers and perform such functions as parliament may, by Law, determine, including the power to investigate any action taken by a ministry, a public officer or a statutory public authority." [ LINK ] [ LINK ] www.ti-bangladesh.org/Ombudsman150507.pdf
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| 53 | Is the national ombudsman effective? | |||||||
| 53a: In law, the ombudsman is protected from political interference. | ||||||||
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Comments: The Ombudsman Act, 1980, confines the powers of the Ombudsman to investigate only certain types of actions of a ministry, a public officer or a statutory public authority. Besides these particular types of actions the Ombudsman cannot, under the present Act, investigate into any other matters. Sections 3, 4 and 5 of the Act are respectively provisions relating to the establishment of the office of the Ombudsman, the term of the office of Ombudsman and the remuneration, etc., of the Ombudsman. There is no provision in the Act debarring the Ombudsman from holding any other office of profit or any other office in the service of the Republic during the tenure of his office as Ombudsman or after he ceases to hold office as Ombudsman. A provision to this effect is necessary in order to guarantee his independence. (It is inserted from the report of Bangladesh Law Commission on the Ombudsman Act, 180. For more details please read the report of the Bangladesh Law Commission on the Ombudsman Act, 1980, www.lawcommissionbangladesh.org/reports/31.pdf) References: Bangladesh Law Commission, Report on Ombudsman Act 1980, July 9, 2000, www.lawcommissionbangladesh.org/reports/31.pdf
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| 53b: In practice, the ombudsman is protected from political interference. | ||||||||
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Comments: Article 77(1,2,3) of the constitution states that Parliament may, by law, provide for the establishment of the office of Ombudsman. The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate, any action taken by a ministry, a public officer or a Statutory public authority. The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament. Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this. In 2002, the Ombudsman Act was made effective, but an earlier decision of updating this act was ignored. Till date, the office of the ombudsman has not come into being. Bangladesh set up a national sector, the Tax Ombudsman office, in July 2006. The Tax Ombudsman is working with only four staff members, while 37 positions are vacant till date. The office of the Tax Ombudsman remains fully dependent on the government, both operationally and financially (source: Iftekharuzzaman, Transparency International Bangladesh, 15 May, 2007, Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf) References: The report of the Bangladesh Law Commission on the Ombudsman Act, 1980, July 9, 2000, www.lawcommissionbangladesh.org/reports/31.pdf) Iftekharuzzaman, Transparency International Bangladesh, Ombudsman for Good Governance in Bangladesh: Why Now, and How? May 15, 2007, www.ti-bangladesh.org/Ombudsman150507.pdf Md. Awal Hossain, lecturer, Department of Public Administration, University of Rajshahi. Bangladesh, Ombudsman for Bangladesh: Theory and Reality, unpan1.un.org/intradoc/groups/public/documents/UNPAN/UNPAN014483.pdf
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| 53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification. | ||||||||
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Comments: Article 77(1,2,3) of the constitution states that Parliament may, by law, provide for the establishment of the office of Ombudsman. The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate, any action taken by a ministry, a public officer or a Statutory public authority. The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament. Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this. In 2002, the Ombudsman Act was made effective, but an earlier decision of updating the act was ignored. Till date, the office of the ombudsman has not come into being. References: Transparency International Bangladesh, Ombudsman for Good Governance in Bangladesh: Why Now, and How? May 15, 2007, www.ti-bangladesh.org/Ombudsman150507.pdf The report of the Bangladesh Law Commission on the Ombudsman Act, 1980, July 9, 2000, www.lawcommissionbangladesh.org/reports/31.pdf) Md. Awal Hossain, lecturer, Department of Public Administration, University of Rajshahi. Bangladesh, Ombudsman for Bangladesh: Theory and Reality, unpan1.un.org/intradoc/groups/public/documents/UNPAN/UNPAN014483.pdf
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| 53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff. | ||||||||
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Comments: Article 77(1,2,3) of the constitution states that Parliament may, by law, provide for the establishment of the office of Ombudsman. The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate, any action taken by a ministry, a public officer or a Statutory public authority. The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament. Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this. In 2002, the Ombudsman Act was made effective, but an earlier decision of updating this act was ignored. Till date, the office of the ombudsman has not come into being. Bangladesh set up a national sector, the Tax Ombudsman office, in July 2006. The Tax Ombudsman is working with only four staff members, while 37 positions are vacant till date. The office of the Tax Ombudsman remains fully dependent on the government, both operationally and financially (source: Iftekharuzzaman, Transparency International Bangladesh, May 15, 2007, Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf) References: The report of the Bangladesh Law Commission on the Ombudsman Act, 1980, July 9, 2000, www.lawcommissionbangladesh.org/reports/31.pdf) Transparency International Bangladesh, Ombudsman for Good Governance in Bangladesh: Why Now, and How? 15 May, 2007, www.ti-bangladesh.org/Ombudsman150507.pdf Md. Awal Hossain, lecturer, Department of Public Administration, University of Rajshahi. Bangladesh, Ombudsman for Bangladesh: Theory and Reality, unpan1.un.org/intradoc/groups/public/documents/UNPAN/UNPAN014483.pdf
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| 53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies). | ||||||||
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Comments: Article 77(1,2,3) of the constitution states that Parliament may, by law, provide for the establishment of the office of Ombudsman. The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate, any action taken by a ministry, a public officer or a Statutory public authority. The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament. Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this. In 2002, the Ombudsman Act was made effective, but an earlier decision of updating this act was ignored. Till date, the office of the ombudsman has not come into being. Bangladesh set up a national sector, the Tax Ombudsman office, in July 2006. The Tax Ombudsman is working with only four staff members, while 37 positions are vacant till date. The office of the Tax Ombudsman remains fully dependent on the government, both operationally and financially (source: Iftekharuzzaman, Transparency International Bangladesh, May 15, 2007, Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf) References: The report of the Bangladesh Law Commission on the Ombudsman Act, 1980, July 9, 2000, www.lawcommissionbangladesh.org/reports/31.pdf) Transparency International Bangladesh, Ombudsman for Good Governance in Bangladesh: Why Now, and How? May, 15, 2007, www.ti-bangladesh.org/Ombudsman150507.pdf Md. Awal Hossain, lecturer, Department of Public Administration, University of Rajshahi. Bangladesh, Ombudsman for Bangladesh: Theory and Reality, unpan1.un.org/intradoc/groups/public/documents/UNPAN/UNPAN014483.pdf
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| 53f: In practice, the ombudsman agency (or agencies) receives regular funding. | ||||||||
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Comments: Article 77(1,2,3) of the constitution states that Parliament may, by law, provide for the establishment of the office of Ombudsman. The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate, any action taken by a ministry, a public officer or a Statutory public authority. The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament. Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this. In 2002, the Ombudsman Act was made effective, but an earlier decision of updating this act was ignored. Till date, the office of the ombudsman has not come into being. Bangladesh set up a national sector, the Tax Ombudsman office, in July 2006. The Tax Ombudsman is working with only four staff members, while 37 positions are vacant till date. The office of the Tax Ombudsman remains fully dependent on the government, both operationally and financially (source: Iftekharuzzaman, Transparency International Bangladesh, May 15, 2007, Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf) References: The report of the Bangladesh Law Commission on the Ombudsman Act, 1980, July 9, 2000, www.lawcommissionbangladesh.org/reports/31.pdf) Transparency International Bangladesh, May 15, 2007 Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf Md. Awal Hossain, lecturer, Department of Public Administration, University of Rajshahi. Bangladesh, Ombudsman for Bangladesh: Theory and Reality, unpan1.un.org/intradoc/groups/public/documents/UNPAN/UNPAN014483.pdf
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| 53g: In practice, the ombudsman agency (or agencies) makes publicly available reports. | ||||||||
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Comments: Article 77(1,2,3) of the constitution states that Parliament may, by law, provide for the establishment of the office of Ombudsman. The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate, any action taken by a ministry, a public officer or a Statutory public authority. The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament. Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this. In 2002, the Ombudsman Act was made effective, but an earlier decision of updating this act was ignored. Till date, the office of the ombudsman has not come into being. Bangladesh set up a national sector, the Tax Ombudsman office, in July 2006. The Tax Ombudsman is working with only four staff members, while 37 positions are vacant till date. The office of the Tax Ombudsman remains fully dependent on the government, both operationally and financially (source: Iftekharuzzaman, Transparency International Bangladesh, May 15, 2007, Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf) References: The report of the Bangladesh Law Commission on the Ombudsman Act, 1980, July 9, 2000, www.lawcommissionbangladesh.org/reports/31.pdf) Transparency International Bangladesh, May 15, 2007 Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf Md. Awal Hossain, lecturer, Department of Public Administration, University of Rajshahi. Bangladesh, Ombudsman for Bangladesh: Theory and Reality, unpan1.un.org/intradoc/groups/public/documents/UNPAN/UNPAN014483.pdf
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| 53h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations. | ||||||||
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Comments: Article 77(1,2,3) of the constitution states that Parliament may, by law, provide for the establishment of the office of Ombudsman. The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate, any action taken by a ministry, a public officer or a Statutory public authority. The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament. Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this. In 2002, the Ombudsman Act was made effective, but an earlier decision of updating this act was ignored. Till date, the office of the ombudsman has not come into being. Bangladesh set up a national sector, the Tax Ombudsman office, in July 2006. The Tax Ombudsman is working with only four staff members, while 37 positions are vacant till date. The office of the Tax Ombudsman remains fully dependent on the government, both operationally and financially (source: Iftekharuzzaman, Transparency International Bangladesh, May 15, 2007, Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf) References: The report of the Bangladesh Law Commission on the Ombudsman Act, 1980, July 9, 2000, www.lawcommissionbangladesh.org/reports/31.pdf) Transparency International Bangladesh, May 15, 2007 Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf Md. Awal Hossain, lecturer, Department of Public Administration, University of Rajshahi. Bangladesh, Ombudsman for Bangladesh: Theory and Reality, unpan1.un.org/intradoc/groups/public/documents/UNPAN/UNPAN014483.pdf
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| 53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders. | ||||||||
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Comments: Article 77(1,2,3) of the constitution states that Parliament may, by law, provide for the establishment of the office of Ombudsman. The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate, any action taken by a ministry, a public officer or a Statutory public authority. The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament. Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this. In 2002, the Ombudsman Act was made effective, but an earlier decision of updating this act was ignored. Till date, the office of the ombudsman has not come into being. Bangladesh set up a national sector, the Tax Ombudsman office, in July 2006. The Tax Ombudsman is working with only four staff members, while 37 positions are vacant till date. The office of the Tax Ombudsman remains fully dependent on the government, both operationally and financially (source: Iftekharuzzaman, Transparency International Bangladesh, May 15, 2007, Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf) References: The report of the Bangladesh Law Commission on the Ombudsman Act, 1980, July 9, 2000, www.lawcommissionbangladesh.org/reports/31.pdf) Transparency International Bangladesh, May 15, 2007 Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf Md. Awal Hossain, lecturer, Department of Public Administration, University of Rajshahi. Bangladesh, Ombudsman for Bangladesh: Theory and Reality, unpan1.un.org/intradoc/groups/public/documents/UNPAN/UNPAN014483.pdf
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| 53j: In practice, the government acts on the findings of the ombudsman agency (or agencies). | ||||||||
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Comments: Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this. In 2002, the Ombudsman Act was made effective, but an earlier decision of updating this act was ignored. Till date, the office of the ombudsman has not come into being. Bangladesh set up a national sector, the Tax Ombudsman office, in July 2006. The Tax Ombudsman is working with only four staff members, while 37 positions are vacant till date. The office of the Tax Ombudsman remains fully dependent on the government, both operationally and financially (source: Iftekharuzzaman, Transparency International Bangladesh, May 15, 2007, Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf) References: The report of the Bangladesh Law Commission on the Ombudsman Act, 1980, July 9, 2000, www.lawcommissionbangladesh.org/reports/31.pdf) Transparency International Bangladesh, May 15, 2007 Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf Md. Awal Hossain, lecturer, Department of Public Administration, University of Rajshahi. Bangladesh, Ombudsman for Bangladesh: Theory and Reality, unpan1.un.org/intradoc/groups/public/documents/UNPAN/UNPAN014483.pdf
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| 53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period. | ||||||||
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Comments: Article 77(1,2,3) of the constitution states that Parliament may, by law, provide for the establishment of the office of Ombudsman. The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate, any action taken by a ministry, a public officer or a Statutory public authority. The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament. Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this. In 2002, the Ombudsman Act was made effective, but an earlier decision of updating this act was ignored. Till date, the office of the ombudsman has not come into being.
References: The report of the Bangladesh Law Commission on the Ombudsman Act, 1980, July 9, 2000, www.lawcommissionbangladesh.org/reports/31.pdf) Transparency International Bangladesh, May 15, 2007 Ombudsman for Good Governance in Bangladesh: Why Now, and How? www.ti-bangladesh.org/Ombudsman150507.pdf Md. Awal Hossain, lecturer, Department of Public Administration, University of Rajshahi. Bangladesh, Ombudsman for Bangladesh: Theory and Reality, unpan1.un.org/intradoc/groups/public/documents/UNPAN/UNPAN014483.pdf
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| 54 | Can citizens access the reports of the ombudsman? | |||||||
| 54a: In law, citizens can access reports of the ombudsman(s). | ||||||||
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Comments: Article 77(3) of the constitution states that the Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament. Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this. In 2002, the Ombudsman Act was made effective, but an earlier decision of updating this act was ignored. Till date, the office of the ombudsman has not come into being. References: Article 77 (3) of the Constitution of the People's Republic of Bangladesh.
Peer Review Comments: This is yet to be enforced.
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| 54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period. | ||||||||
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Comments: Article 77(1,2,3) of the constitution states that Parliament may, by law, provide for the establishment of the office of Ombudsman. The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate, any action taken by a ministry, a public officer or a Statutory public authority. The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament. Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this. In 2002, the Ombudsman Act was made effective, but an earlier decision of updating this act was ignored. Till date, the office of the ombudsman has not come into being. References: The report of the Bangladesh Law Commission on the Ombudsman Act, 1980, July 9, 2000, www.lawcommissionbangladesh.org/reports/31.pdf) Transparency International Bangladesh, Ombudsman for Good Governance in Bangladesh: Why Now, and How? May 15, 2007, www.ti-bangladesh.org/Ombudsman150507.pdf Md. Awal Hossain, lecturer, Department of Public Administration, University of Rajshahi. Bangladesh, Ombudsman for Bangladesh: Theory and Reality, unpan1.un.org/intradoc/groups/public/documents/UNPAN/UNPAN014483.pdf
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| 54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost. | ||||||||
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Comments: Article 77(1,2,3) of the constitution states that Parliament may, by law, provide for the establishment of the office of Ombudsman. The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate, any action taken by a ministry, a public officer or a Statutory public authority. The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament. Although in the Bangladesh constitution there is a provision to establish the office of ombudsman, no initiative was made to introduce this. In 2002, the Ombudsman Act was made effective, but an earlier decision of updating this act was ignored. Till date, the office of the ombudsman has not come into being. References: The report of the Bangladesh Law Commission on the Ombudsman Act, 1980, July 9, 2000, www.lawcommissionbangladesh.org/reports/31.pdf) Transparency International Bangladesh, Ombudsman for Good Governance in Bangladesh: Why Now, and How? May 15, 2007, www.ti-bangladesh.org/Ombudsman150507.pdf Md. Awal Hossain, lecturer, Department of Public Administration, University of Rajshahi. Bangladesh, Ombudsman for Bangladesh: Theory and Reality, unpan1.un.org/intradoc/groups/public/documents/UNPAN/UNPAN014483.pdf
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