Section 3. Appointment of Ombudsman.

(1) The 1[Lieutenant Governor] shall, on the advice of the Chief Minister, appoint a person as Ombudsman : Provided that a person shall not be qualified to be appointed as Ombudsman unless he has been a Judge of a High Court or eligible to be appointed as Judge of High Court or officer retired from the rank of Commissioner/Secretary to Government : Provided further that the Chief Minister before tendering advice to the 1[Lieutenant Governor] shall consult 2[x x x x] the Speaker of the Legislative Assembly, the leader of the Opposition in the Legislative Assembly and Minister Incharge Panchayati Raj Department : Provided also that if there is no such Leader of Opposition in the Legislative Assembly, the leader of the single largest group or party in opposition to Government in the Legislative Assembly shall be consulted : 3[Provided that during the continuation of Proclamation issued under section 73 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), the Ombudsman shall be appointed by the Lieutenant Governor on the recommendation of the Committee consisting of–– (a) Advisors to the Lieutenant Governor (one of whom shall be nominated by the Lieutenant Governor, who shall be the Chairperson of the Committee) ; and (b) Chief Secretary (Member-Secretary).] (2) The Ombudsman shall, before entering upon office, make and subscribe before the 1[Lieutenant Governor] an oath or affirmation in the prescribed form.