Rules, Regulations, Procedure and Laws of Wafaqi Mohtasib

An official appointed to investigate individuals'

complaints against bad management of any business and Government, especially of public affairs. (Maladministration)

 In Pakistan, a beginning was made with the

appointment of Wafaqi Mohtasib (Ombudsman) at the Federal level in 1983.

The primary objective of the Wafaqi Mohtasib was to

diagnose, investigate, redress and rectify injustices faced by the public from Federal Government Departments.

 The measure of success achieved by the institution of

Wafaqi Mohtasib lead to the creation of Provincial Ombudsmen in the provinces of Sindh, Punjab, Balochistan, Khyber Pakhtunkhwa, Azad Jammu and Kashmir.

 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.

 Fairness

Integrity
Continuous

Improvement
Transparency Independence

To Provide Justice To Work With Honesty To Do Work With improvement To Work With Clarity To Work Independently

 Confidentiality Promptness

To Work Privately To Work With Great Velocity To Work in Relaxed Attitude Friendly Behavior with people

Informality Client friendliness

 It is means to enhance effectiveness of the Federal

Ombudsmen to provide speedy and expeditious relief to citizens by redress their complaints to promote good governance;

 First of all, a complainer write his complain on a

simple blank paper, and the Wafaqi Mohtasib registered this complain and start investigation against the 2nd party. After that Wafaqi Mohtasib send a complain copy to the 2nd party to see his response.
Now, the 2nd party has two choices:

1): To resolve or dispose the problem of complainer or 2): Send reply to the Wafaqi Mohtasib against the complainer.

 If 2nd party has dispose the problem then the case will be

dismiss. If 2nd party send reply against the complainer to the Wafaqi Mohtasib, then the Wafaqi Mohtasib call both the parties for meeting and further investigations.
Wafaqi Mohtasib has to dispose each type of case (of

Federal) maximum in 90 days. Wafaqi Mohtasib is independent. There is no need of any sources. All cases are registered and dispose without any fee. The parties also not has to higher any lawyer. They have to defend themselves.

 Regulations may be called the Wafaqi Mohtasib

(Investigation and Disposal of Complaints) Regulations, 2003. Wafaqi Mohtasib has make the following regulations:

 1. Authorized

an officer of the Secretariat authorized by the Mohtasib for admission or rejection of complaints at the preliminary-examination stage.

Officer means

2. Disposal means the completion of all proceedings of

a complaint.

3. Examination means study of complaints by the Registrar or Authorized Officer at the preliminary 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 spot inspection.

5. Investigation means enquiry and investigation of claim raised in a complaint till its clearance. 6. Record Room means the record room at the Head Office where the files are deliver after disposal. 7. Registrar includes a Deputy Registrar, Assistant Registrar or any other officer assigned the duties of the Registrar.

8. Registry means an office in the Head Office or Regional Offices where the complaints are presented or received. 9. Secretariat means the entire establishment of the Office of Mohtasib, including the Head Office and Regional Offices;

10. Secretary means the Secretary of the Wafaqi Mohtasib`s Office. 11. Principal Officer means an Officer authorized by the Agency to receive the notice for submission of reports. 12. Implementation Officer means an officer responsible for keeping close contact with the Agencies and Investigating Officers of that Region to monitor the implementation of findings of the Wafaqi Mohtasib.

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 the First Schedule. The Mohtasib shall, in all matters, perform his functions and exercise his powers fairly, honestly, diligently and independently of the executive

2. Tenure of the Mohtasib.

The Mohtasib shall hold office for a period of four years

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

3. Mohtasib not to hold any other office of profit, in the service of Pakistan; or occupy any other position carrying the right to remuneration for rendering of services.

4. Terms and conditions of service and payment of Mohtasib: 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 shall not be varied during the term of office of a Mohtasib The Mohtasib may be removed from office by the President on the ground of misconduct or of being incapable of properly performing the duties of his office by reasons of physical or mental incapacity.

 A Mohtasib removed from office on the ground of

misconduct shall not be eligible to hold any office of profit in the service of Pakistan or for election as member of Parliament or a Provincial Assembly or any local body.

5. Acting Mohtasib:At any time when the Office of Mohtasib is vacant, or the Mohtasib is absent or is unable to perform his functions due to any cause, the President shall appoint an acting Mohtasib.

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

person, can undertake any investigation into any allegation of maladministration on the part of any Agency or any of its officers or employees.

 The Mohtasib shall not accept for investigation any

complaint by or on behalf of a public servant on any matters relating to the Agency in which he is, or has been, working in respect of any personal complaint relating to his service within.
The Mohtasib may set up regional offices as, when and

where required.

Procedure and evidence:

As we have discuss before the complete procedure of 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 Agency concerned: (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.

(d) to take disciplinary action against any public servant of any Agency under the relevant laws applicable to him (e) to dispose of the matter or case within a specified time; (f) to take action on his findings and recommendations to improve the working and efficiency of the Agency within a specified time; or (g) to take any other step specified by the Mohtasib.

 Powers of the Mohtasib:

The Mohtasib shall, for the purposes of this Order,

have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908)

 Power to punish for contempt:

The Mohtasib shall have same powers, as the Supreme Court has to punish any person for its contempt who:
(a) abuses, interferes with, impede, imperil, or obstructs the process of the Mohtasib in any way or disobeys any order of the Mohtasib. (b) does anything which tends to prejudice the determination of a matter pending before the Mohtasib

 In short, The Wafaqi Mohtasib is just like a court

which resolves the complain against the federal government. Wafaqi Mohtasib work independently which has no concern with any other. And he has to dispose every federal case within 90 days. Wafaqi Mohtasib are working with honesty and great efficiency in Pakistan.

Thank You