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Wafaqi Mohtasib Rules

Wafaqi Mohtasib Rules

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Published by: humayunnawaz on Oct 28, 2009
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09/22/2010

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WAFAQI MOHTASIB (INVESTIGATION AND DISPOSAL OF COMPLAINTS)REGULATION, 2003 [Gazette of Pakistan, Extraordinary, Part-II 28th June, 2004]
 
S.R.O.76(KE)/2004, ,dated 4th March, 2004.
---In supersession of the Wafaqi MohtasibInvestigation and Disposal of Complaints Regulations, 1999, as amended through Notification S.R. O. No. 95(KE)/2003, dated 13th September, 2003, and in exercise of the powers conferredupon him by clause (11) of Article 10 of the Establishment of the Office of Wafaqi Mohtasib(Ombudsman) Order,. 1983, the Mohtasib is pleased to make the following Regulations:--In exercise of the powers conferred by clause (11) of Article 10 of the Establishment of theOffice of Wafaqi Mohtasib (Ombudsman) Order, 1983. (P.O. No. 1 of 1983), the Mohtasib is pleased to make the following regulations:-- 
CHAPTER-1 INTRODUCTION
 
1. Short title and commencement.
---(1) These regulations may be called the Wafaqi Mohtasib(Investigation and Disposal of Complaints) Regulations, 2003. (2) These shall come into force with effect from 31st December, 2003. 
2. Definitions.
---(1) In these Regulations unless there is anything repugnant in the subject or context,-- (a) "Article" means an Article of the Establishment of the Office of Wafaqi Mohtasib(Ombudsman) Order, 1983 (P.O. No.1 of 1983); (b) "Authorised Officer" means an officer of the' Secretariat authorized by the Mohtasibfor admission or rejection of complaints at the preliminary examination stage; (c) "Disposal" means the completion of all proceedings of a complaint. (d) "Examination" means scrutiny of complaints by the Registrar or Authorised Officer atthe preliminary stage or by the Investigating Officer on commencement of investigation; (e) "Form" means a form appended to these Regulations;(f) "Head Office" means the principal seat of the Wafaqi Mohtasib (Ombudsman)Secretariat at Islamabad; (g) "Hearing" 'means the process of ascertaining facts by oral hearing of one or all of the parties, including examination of the record and spot inspection; (h) "Investigation" means enquiry and investigation of allegations raised in a complainanttill its disposal; (i) "Record Room" means the record room at the Head Office where the files areconsigned after disposal; (j) "Regional Offices" means the Regional Offices of the Secretariat established atLahore, Karachi, Peshawar, Quetta, Sukkur, Multan, Faisalabad and D.I. Khan or at anyother place which may be established under clause (4) of Article 9; (k) "Registrar" includes a Deputy Registrar, Assistant Registrar or any other officer assigned the duties of the Registrar: (l) "Registry" means an office in the Head Office or Regional Offices where thecomplaints are presented or received. . 
 
(m) "Secretariat" means the entire establishment of the Office of Mohtaisb, including theHead Office and Regional Offices; and (n) "Secretary" means the Secretary of the Wafaqi Mohtasib's terms (2) All other termsand expressions used in these Regulations Office. (2) All others terms and expressions used in these Regulations but not defined hereinbefore shallhave the same meanings as have been assigned to them in the Establishment of the Office of Wafqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. 1 of 1983). 
CHAPTER-II PROCEDURE FOR REGISTRATION OF COMPLAINTS
 
3. Presentation of Complaints.
---(1) A complaint written in English or Urdu may be presentedat the Head Office, or any of the Regional Offices having jurisdiction, by the complainant personally or through his representative or submitted by post or courier service. ' (2) The territorial jurisdiction of the Head office and Regional Offices shall be as specified in theSchedule to these Regulations which may be modified by the Mohtasib by an order in writing: Provided that the Mohtasib may direct that a complaint falling within the territorial jurisdictionof one Office may be investigated at another Regional Office or the Head Office. (3) Every complaint should, wherever, possible, be accompanied by WMS Form "A". (4) If a complaint is not accompanied by WMS-Form 'A', it shall be accompanied by a solemnaffirmation that-- (a) the allegations contained in the complaint are correct and true to the best of knowledge and belief of the complainant. (b) previously no complaint on the subject was filed at the Head Office or any of theRegional Offices. (c) no suit, appeal, petition or any other judicial proceedings in connection with thesubject-matter of the complaint is pending before any Court, Tribunal-or Board, and ; (d) a representation to a competent authority of the Agency in respect of the allegationscontained in the complaint was made, but either no reply thereto was given within areasonable time or the representation had unjustly been turned down. (5) On receipt of a complaint, the concerned official in the Registry shall enter the particulars of the complaint in the diary register giving it a diary number, issue acknowledgement thereof tothe complainant and forward it to the Registrar. (6) The official receiving the complaint shall assist the complainant in filling the WMS-Form"A", if such assistance is required. 
4. Examination by the Registrar
.---(1) The Registrar shall, on receipt of the complaint from theRegistry,--- (i) allot a registration number to the complaint; (ii) examine the complaint along with the documents attached therto; (iii) analyse the main points of the complaint; (iv) enter the main grievance on WMS-Form "B"; and (v) forward the complaint for admission or rejection by the Mohtasib or the AuthorisedOfficer. 
 
(2) Where the Registrar finds that a complaint requires further information, verification of facts,or documents, he may ask the complainant for provision of such information, verification of factsor documents.
5. Admission and rejection of complains at preliminary stage.-
(1) Where the grievance of acomplainant against an Agency prima facie amounts to maladministration, and the complaint isnot incompetent under the provisions of paragraphs (a), (b) or (c) of the proviso to clause (1) of Article 9 or clause (2) of the said Article, and is not barred under the provisions of clause (2) or clause (3) of Article 10, the Mohtasib, or authorized Officer, may admit the complaint for investigation. (2) Where, prima facie, a complaint is incompetent under the provisions of paragraphs (a), (b) or (c) of the proviso to clause (1) of Article 9 or clause (2) thereof, or is barred under clause (2) or clause (3) of Article 10, or does not require any investigation for any other reason, the Mohtasibor, as the case may be the Authorized Officer may reject the complaint at limine stage: Provided that. Mohtasib may, in his discretion, direct that such matter may be resolvedinformally under Article 33 without docketing the complaint. (3) Where the complaint is admitted under sub-regulation (1), the Registrar shall issue anacknowledgement of the receipt of the complaint to the complainant and pass it on to theInvestigating Officer authorized to investigate into complaints against a particular Agency. (4) Where a complaint is rejected in limine, the Registrar shall inform the complainant thereasons for rejection of the complaint and consign the file to the Record.
6. Institution and Disposal Statement.
---The Secretary shall, by the tenth day of each month,submit to the Mohtasib, in WMS Form "D", a statement relating to the institution and disposal of complaints for and up to the end of the preceding month. 
7. Presentation of complaints to Mohtasib and personal hearings.---
(1) The Mohtasib mayhold personal hearings at the time of presentation of complaints on such dates and time as hemay indicate from time to time. (2) Where a complainant desires to present the complaint in person to the Mohtasib he shall, inthe first instance, present it to the Director-General (Complaints) at the Head Office, or theRegistrar at the Regional Office, at least two hours before the time of hearing fixed by theMohtasib under sub-regulation (1). (3) The Director-General/Consultant (Complaints) or, as the case may be, the Registrar, shallrecord the particulars of the complaint in WMS-Form "C" and place the complaint before theMohtasib for personal hearing of the complaint and further orders. (4) If the Mohtasib is not available on a particular date fixed for hearing the complainant shall beinformed of the next date and time of hearing. (5) The orders of the Mohtasib on the complaints made under sub-regulation (3) shall beincorporated in WMS-Form "B". 
8. Complaints against Secretariat Staff.
---Complaints against any Officer or member of theStaff of the Secretariat shall immediately be forwarded by the Registrar at the Head Office andthe Incharge of the Regional Office, as the case may be, to the Secretary for orders by theMohtasib. 
9. Preliminary processing of complaints not to be delayed.
---(1) The Registrar shall makeevery effort to ensure that the registration of complaints, their preliminary examination andsubmission to the Authorised Officer or Mohtasib, acknowledgement of receipt after admission,and entrustment to the Investigating Officers is not delayed. (2) The Director-General (Complaints) and the Incharge of each Regional Office, shall personally ensure speedy processing of complaints before entrusting them to InvestigatingOfficer for investigation.
 

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