Wafaqi Mohtasib (Federal Ombudsman)

8/23/2019 Wafaqi Mohtasib (Federal Ombudsman)

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Rules, Regulations, Procedure and

Laws of Wafaqi Mohtasib


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An official appointed to investigate individuals'complaints against bad management of any

business and Government, especially of publicaffairs. (Maladministration)


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In Pakistan, a beginning was made with theappointment of Wafaqi Mohtasib (Ombudsman) atthe Federal level in 1983.

The primary objective of the Wafaqi Mohtasib was todiagnose, investigate, redress and rectify injusticesfaced by the public from Federal GovernmentDepartments.


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The measure of success achieved by the institution ofWafaqi Mohtasib lead to the creation of ProvincialOmbudsmen in the provinces of Sindh, Punjab,Balochistan, Khyber Pakhtunkhwa, Azad Jammu andKashmir.


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To promote high standards of governance,accountability and efficiency through administrative

justice services.

MISSION To redress public complaint in a fair, prompt and

transparent manner.


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Fairness To Provide Justice

Integrity To Work WithHonesty

Continuous To Do Work WithImprovement improvement

Transparency To Work With Clarity

Independence To WorkIndependently


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Confidentiality To Work Privately

Promptness To Work With Great

Velocity

Informality To Work in RelaxedAttitude

Client friendliness Friendly Behaviorwith people


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It is means to enhance effectiveness of the FederalOmbudsmen to provide speedy and expeditious relief

to citizens by redress their complaints to promotegood governance;


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First of all, a complainer write his complain on asimple blank paper, and the Wafaqi Mohtasibregistered this complain and start investigation againstthe 2nd party.

After that Wafaqi Mohtasib send a complain copy tothe 2nd party to see his response.

Now, the 2nd party has two choices:

1): To resolve or dispose the problem ofcomplainer or 2): Send reply to the Wafaqi Mohtasibagainst the complainer.


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If 2nd party has dispose the problem then the case will bedismiss.

If 2nd party send reply against the complainer to the WafaqiMohtasib, then the Wafaqi Mohtasib call both the partiesfor meeting and further investigations.

Wafaqi Mohtasib has to dispose each type of case (ofFederal) maximum in 90 days.

Wafaqi Mohtasib is independent. There is no need of anysources. All cases are registered and dispose without anyfee.

The parties also not has to higher any lawyer. They have todefend themselves.


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Regulations may be called the Wafaqi Mohtasib

(Investigation and Disposal of Complaints)Regulations, 2003.

Wafaqi Mohtasib has make the followingregulations:


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1. Authorized Officer means an officer of theSecretariat authorized by the Mohtasib for admission orrejection of complaints at the preliminary-examination

stage. 2. Disposalmeans the completion of all proceedings of

a complaint.


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3. Examination means study of complaints by theRegistrar or Authorized Officer at thepreliminary stage or by the Investigating Officer

on commencement of investigation.4. Hearing means the process of determine the

facts by oral hearing of one or all of the parties,including examination of the record and spotinspection.


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5. Investigation means enquiry and investigationof claim raised in a complaint till its clearance.

6. Record Room means the record room at theHead Office where the files are deliver afterdisposal.

7. Registrar includes a Deputy Registrar, AssistantRegistrar or any other officer assigned the duties ofthe Registrar.


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8. Registry means an office in the Head Office orRegional Offices where the complaints arepresented or received.

9. Secretariat means the entire establishment ofthe Office of Mohtasib, including the HeadOffice and Regional Offices;


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10. Secretary means the Secretary of the WafaqiMohtasib`s Office.

11. Principal Officer means an Officer authorizedby the Agency to receive the notice forsubmission of reports.

12. Implementation Officer means an officerresponsible for keeping close contact with theAgencies and Investigating Officers of thatRegion to monitor the implementation offindings of the Wafaqi Mohtasib.


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1. Appointment of Mohtasib. There shall be a Wafaqi Mohtasib (Ombudsman),

who shall be appointed by the President.

Before entering upon office, the Mohtasib shall take an

promise before the President in the form set out in theFirst Schedule.

The Mohtasib shall, in all matters, perform his functionsand exercise his powers fairly, honestly, diligently and

independently of the executive


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2. Tenure of the Mohtasib. The Mohtasib shall hold office for aperiod of four years

and shall not be eligible for any extension of tenure orreappointment as Mohtasib under any circumstances.

3. Mohtasib not to hold any other office of profit, inthe service of Pakistan; or occupy any other positioncarrying the right to remuneration for rendering ofservices.


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4. Terms and conditions of service and payment ofMohtasib:- The Mohtasib shall be entitled to such salary, allowances

and privileges and other terms and conditions of service

as the President may determine and these terms shallnot be varied during the term of office of a Mohtasib

The Mohtasib may be removed from office by thePresident on the ground of misconduct or of being

incapable of properly performing the duties of his officeby reasons of physical or mental incapacity.


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A Mohtasib removed from office on the ground ofmisconduct shall not be eligible to hold any office ofprofit in the service of Pakistan or for election asmember of Parliament or a Provincial Assembly or any

local body.


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5. Acting Mohtasib:-

At any time when the Office of Mohtasib is vacant, orthe Mohtasib is absent or is unable to perform hisfunctions due to any cause, the President shall appointan acting Mohtasib.


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6. Authority, functions and power of the Mohtasib:- The Mohtasib may, on a complaint by any aggrieved

person, can undertake any investigation into anyallegation of maladministration on the part of any

Agency or any of its officers or employees.


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The Mohtasib shall not accept for investigation anycomplaint by or on behalf of a public servant on anymatters relating to the Agency in which he is, or hasbeen, working in respect of any personal complaint

relating to his service within.

The Mohtasib may set up regional offices as, when andwhere required.


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Procedure and evidence:

As we have discuss before the complete procedureof register and disposal of the case

Recommendations for implementation:

After having considered a matter on his own motion,the Mohtasib shall communicate his findings to the Agencyconcerned:

(a) to consider the matter further,

(b) to modify or cancel the decision, process,recommendation, act or error;

(c) to explain more carefully the act or decision in question.


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(d) to take disciplinary action against any public servantof any Agency under the relevant laws applicable tohim

(e) to dispose of the matter or case within a specifiedtime;

(f) to take action on his findings and recommendationsto improve the

working and efficiency of the Agency within a specifiedtime; or

(g) to take any other step specified by the Mohtasib.


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Powers of the Mohtasib:

The Mohtasib shall, for the purposes of this Order,have the same powers as are vested in a Civil Courtunder the Code of Civil Procedure, 1908 (Act V of1908)


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Power to punish for contempt:

The Mohtasib shall have same powers, as theSupreme Court has to punish any person for itscontempt who:(a) abuses, interferes with, impede, imperil, or obstructs

the process of the Mohtasib in any way or disobeys anyorder of the Mohtasib.

(b) does anything which tends to prejudice the

determination of a matter pending before the Mohtasib


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In short, The Wafaqi Mohtasib is just like a courtwhich resolves the complain against the federalgovernment. Wafaqi Mohtasib work independently

which has no concern with any other. And he has todispose every federal case within 90 days.

Wafaqi Mohtasib are working with honesty and greatefficiency in Pakistan.


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Thank You

Wafaqi Mohtasib (Federal Ombudsman)

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