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  "title": "Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983",
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  "text": "Page 1 of 14 \r\n \r\n \r\nTHE ESTABLISHMENT OF THE OFFICE OF WAFAQI \r\nMOHTASIB (OMBUDSMAN) ORDER, 1983 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n           __________ \r\n \r\n \r\n1. Short title, extent and commencement. \r\n \r\n2. Definitions. \r\n3. Appointment of Mohtasib. \r\n4.  Tenure of the Mohtasib. \r\n5.  Mohtasib not to hold any other office of profit, etc. \r\n6.  Terms and conditions of service and remuneration of Mohtasib. \r\n7.  Acting Mohtasib. \r\n8.  Appointment and terms and conditions of service of staff. \r\n9.  Jurisdiction, functions and powers of the Mohtasib. \r\n10.  Procedure and evidence. \r\n11. Recommendations for implementation. \r\n12.  Defiance of recommendations. \r\n13.  Reference by Mohtasib. \r\n14.  Powers of the Mohtasib. \r\n15.  Power to enter and search any premises. \r\n16.  Power to punish for contempt. \r\n \r\n \r\nUpdate on 06.05.2023\r\n \r\nPage 2 of 14 \r\n \r\n17.  Inspection Team. \r\n18.  Standing Committees, etc. \r\n19.  Delegation of powers. \r\n20.  Appointment of advisers, etc. \r\n21.  Authorization of Provincial functionaries, etc. \r\n22.  Award of costs and compensation and refund of amounts. \r\n23.  Assistance and advice to Mohtasib. \r\n24.  Conduct of business. \r\n25.  Requirement of affidavits. \r\n26.  Remuneration of advisers, consultants, etc. \r\n27.  Mohtasib and staff to be public servants. \r\n28.  Annual and other reports. \r\n29.  Bar of jurisdiction. \r\n30.  Immunity. \r\n31.  Reference by the President. \r\n32.  Representation of President. \r\n33.  Informal resolution of disputes. \r\n34.  Service of process. \r\n35.  Expenditure to be charged on Federal Consolidated Fund. \r\n36.  Rules. \r\n37.  Order to override other laws. \r\n38. Removal of difficulties.  \r\n \r\n \r\n  \r\n \r\nPage 3 of 14 \r\n \r\nTHE ESTABLISHMENT OF THE OFFICE OF WAFAQI MOHTASIB \r\n(OMBUDSMAN) ORDER, 1983 \r\n \r\n(I of 1983) \r\n \r\n[24th January, 1983] \r\n \r\nWHEREAS it is expedient to provide for the appointment of the Wafaqi Mohtasib \r\n(Ombudsman) to diagnose, investigate, redress and rectify any injustice done to a person through mala \r\nadministration;  \r\n \r\nNow, therefore, in pursuance of the Proclamation of the fifth day of July, 1977, and in exercise \r\nof all owners enabling him in that behalf, the President and Chief Material Law Administrator is \r\npleased to make the following Order:— \r\n \r\n1. Short title, extent and commencement.—(1) This Order may be called the Establishment \r\nof the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983. \r\n \r\n(2) It extends to the whole of Pakistan.  \r\n \r\n(3) It shall come into force at once. \r\n \r\n \r\n2. Definitions.—In this Order, unless there is anything repugnant in the subject or context,— \r\n \r\n(1) “Agency” means a Ministry, Division, Department, Commission or office of the Federal \r\nGovernment or a statutory 1[body] corporation or other institution established or controlled by the \r\nFederal Government but does not include the Supreme Court, the Supreme Judicial Council the Federal \r\nShariat Court or a High Court; \r\n \r\n(2) “Maladministration” includes— \r\n \r\n(i)  a decision, process, recommendation act of omission or commission which— \r\n(a)  is contrary to law, rules or regulations or is a departure from established practice \r\nor procedure, unless it is bonafide and for valid reasons ; or \r\n(b)  is perverse, arbitrary or unreasonable, unjust, biased, oppressive, or \r\ndiscriminatory ; or \r\n(c)  is based on irrelevant grounds ; or \r\n(d)  involves the exercise of powers, or the failure or refusal to do so, for corrupt or \r\nimproper motives, such as, bribery, jobbery, favouritism, nepotism and \r\nadministrative excesses ; and \r\n(ii)  neglect, inattention, delay, incompetence, inefficiency and inaptitude, in the \r\nadministration or discharge of duties and responsibilities ; \r\n \r\n(3) “Mohtasib” means the Wafaqi Mohtasib (Ombudsman) appointed under Article 3 ; \r\n \r\n(4) “Office” means the office of the Mohtasib ; \r\n \r\n1Inserted by Ord. LXXII of 2002, s.2. \r\n \r\nPage 4 of 14 \r\n \r\n(5) “prescribed” means prescribed by rules made under this Order ;  \r\n \r\n(6) “public servant” means a public servants defined in Section 21 of the Pakistan Penal Code \r\n(Act XLV of 1860), and includes a Minister. Adviser, Parliamentary Secretary and the Chief \r\nExecutive, Director or other officer or employee or member of an Agency ; and \r\n \r\n(7) “staff” means any employee or Commissioner of the office and includes co-opted members \r\nof the staff, consultants, advisers, bailiffs, liaison officers and experts. \r\n \r\n3. Appointment of Mohtasib.— (1) There shall be Wafaqi Mohtasib (Ombudsman), who shall \r\nbe appointed by the President. \r\n \r\n(2) Before entering upon Office, the Mohtasib shall take an oath before the President in the \r\nform set out in the First Schedule. \r\n \r\n(3) The Mohtasib shall, in all matters, perform his functions and exercise his powers fairly, \r\nhonestly, diligently and independently of the Executive; and all executive authorities throughout \r\nPakistan shall act in aid of the Mohtasib. \r\n \r\n4. Tenure of the Mohtasib.—(1) The Mohtasib shall hold office for a period of four years and \r\nshall not be eligible for any extension of tenure or for re-appointment as Mohtasib under any \r\ncircumstances. \r\n \r\n(2) The Mohtasib may resign his office by writing under this hand addressed to the President. \r\n \r\n5. Mohtasib not to hold any other office of profit, etc.—(l) The Mohtasib shall not :— \r\n \r\n(a) hold any other office of profit in the service of Pakistan ; or \r\n \r\n(b)  occupy any other position carrying the right to remuneration for the rendering \r\nof services. \r\n \r\n(2) The Mohtasib shall not hold any office of profit in the service of Pakistan before the \r\nexpiration of two years after he has ceased to hold that office; nor shall be eligible during the tenure \r\nof office and for a period of two years thereafter for election as a member of Parliament or a Provincial \r\nAssembly or any local body or take part in any political activity. \r\n \r\n6. Terms and conditions of service and remuneration of Mohtasib.—(1) The Mohtasib shall \r\nbe entitled to such salary, allowances and privileges and other terms and conditions of service as the \r\nPresident may determine and these terms shall not be varied during the term of office of a Mohtasib. \r\n \r\n(2) The Mohtasib may be removed from office by the President on the ground of misconduct \r\nor, of being incapable of properly performing the duties of his office by reason of physical or mental \r\nincapacity: \r\n \r\nProvided that the Mohtasib may, if he sees fit and appropriate to refute any charges, request an \r\nopen public evidentiary hearing before the Supreme Judicial Council and, if such a hearing is not held \r\nwithin thirty days of the receipt of such request or not concluded with in ninety days of its receipt, the \r\nMohtasib will be absolved of any and all stigma whatever. In such circumstances, the Mohtasib may \r\n \r\nPage 5 of 14 \r\n \r\nchoose to leave his office and shall be entitled to receive full remuneration and benefits for the rest of \r\nhis term. \r\n \r\n(3) If the Mohtasib makes a request under the proviso to clause (2), he shall not perform his \r\nfunctions under this Order until the hearing before the Supreme Judicial Council has concluded. \r\n \r\n(4) A Mohtasib removed from office on the ground of misconduct shall not be eligible to hold \r\nany office of profit in the service of Pakistan or for election as a member of Parliament or a Provincial \r\nAssembly or any local body. \r\n \r\n7. Acting Mohtasib.—At any time when the office of Mohtasib is vacant, or. the Mohtasib is \r\nabsent or is unable to perform his functions due to any cause, the President shall appoint as acting \r\nMohtasib. \r\n \r\n8. Appointment and terms and conditions of service of staff.—1[(1) The members of the \r\nstaff,  other  tha n those mentioned in article 20, shall be appointed by the President, or by a person \r\nauthorized by him, in such manner as may be prescribed by the Federal Government.] \r\n \r\n(2) It shall not be necessary to consult the Federal Public Service Commission for making \r\nappointment of the members of the staff or on matters relating to qualifications for such appointment \r\nand methods of their recruitment. \r\n \r\n(3) The member of the staff shall be entitled to such salary, allowances and other terms and \r\nconditions of service as may be prescribed having regard to the salary, allowances and other terms and \r\nconditions of service that may for the time being be admissible to other employees for the Federal \r\nGovernment in the corresponding Grades in the National Pay Scales. \r\n \r\n(4) Before entering upon office a member of the staff mentioned in clause (1) shall take an oath \r\nbefore the Mohtasib in the form set out in the Second Schedule. \r\n \r\n9. Jurisdiction, functions and powers of the Mohtasib.—(1) The Mohtasib may on a \r\ncomplaint by an aggrieved person, on a reference by the President, the Federal Council or the National \r\nAssembly, as the case may be, or on a motion of the Supreme Court or a High Court made during the \r\ncourse of any proceedings before it or of his own motion, undertake any investigation into any \r\nallegation of maladministration on the part of any Agency or any of its officers or employees; \r\n \r\nProvided that the Mohtasib shall not have any jurisdiction to investigate or inquire into any \r\nmatters which :— \r\n(a)  are sub judice before a Court of competent jurisdiction or judicial Tribunal or \r\nboard in Pakistan on the date of receipt of a complaint, reference or motion by \r\nhim ; or \r\n \r\n(b) relate to the external affairs of Pakistan or the relations or dealings of Pakistan \r\nwith any foreign state or government; or . \r\n \r\n(c)  relate to, or are connected with, the defence of Pakistan or any part thereof, the \r\nmilitary, naval and air forces of Pakistan, or the matters covered by the laws \r\nrelating to those forces. \r\n \r\n1Subs. by Ord. LXXII of 2002, s.3. \r\n \r\nPage 6 of 14 \r\n \r\n(2) Notwithstanding anything contained in clause (1), the Mohtasib shall not accept for \r\ninvestigation any complaint by or on behalf of a public servant or functionary concerning any matter \r\nrelating to the Agency in which he is, or has been, working in respect of any personal grievance relating \r\nto his service therein. \r\n \r\n(3) For carrying out the objectives of this Order and, in particular for ascertaining the root \r\ncauses of corrupt practices and injustice, the Mohtasib may arrange for studies to be made or research \r\nto be conducted and may recommend appropriate steps for their eradication. \r\n \r\n(4) The Mohtasib may set up regional offices as, when and where required. \r\n \r\n10. Procedure and evidence.—(1) A complaint shall be made on solemn affirmation or oath \r\nand in writing addressed to the Mohtasib by the person aggrieved or, in the case of his death, by his \r\nlegal representative and may be lodged in person at the Office or handed over to the Mohtasib in person \r\nor sent by any other means of communication to the Office. \r\n \r\n(2) No anonymous or pseudonymous complaints shall be entertained.  \r\n \r\n(3) A complaint shall be made not later than three months from the day on which the person \r\naggrieved first had the notice of the matter alleged in the complaint, but the Mohtasib may conduct an \r\ninvestigation pursuant to a complaint which is not within time if he considers that there are special \r\ncircumstances which make it proper fro him to do so. \r\n \r\n(4) Where the Mohtasib proposes to conduct an investigation he shall issue to the principal \r\nofficer of the Agency concerned, and to any other person who is alleged in the complaint to have taken \r\nor authorised the action complained of, a notice calling upon him to meet the allegations contained in \r\nthe complaint, including rebuttal: \r\n \r\nProvided that the Mohtasib may proceed with the investigation if no response to the notice is \r\nreceived by him from such principal officer or other person within thirty days of the receipt of the \r\nnotice or within such longer period as may have been allowed by the Mohtasib. \r\n \r\n(5) Every investigation shall be conducted in private, but the Mohtasib may adopt such \r\nprocedure as he considers appropriate for such investigation and he may obtain information from such \r\npersons and-in such manner and make such inquiries as he thinks fit. \r\n \r\n(6) A person shall be entitled to appear in person or be represented before the Mohtasib. \r\n \r\n(7) The Mohtasib shall, in accordance with the rules made under this Order, pay expense and \r\nallowances to any person who attends or furnishes information for the purposes of an investigation. \r\n \r\n(8) The conduct of an investigation shall not affect any action taken by the Agency concerned, \r\nor any power or duty of that Agency to take further action with respect to any matter subject to the \r\ninvestigation.  \r\n \r\n(9) For the purposes of an investigation under this Order the Mohtasib may require any officer \r\nor member of the Agency concerned to furnish any information or to produce any document which in \r\nthe opinion of the Mohtasib is relevant and helpful in the conduct of the investigation, and there shall \r\nbe no obligation to maintain secrecy in respect of disclosure of any information or document for the \r\npurposes of such investigation: \r\n \r\nPage 7 of 14 \r\n \r\nProvided that the President may, in his discretion, on grounds of its being a State secret, allow \r\nclaim of privilege with respect to any information or document. \r\n \r\n(10) In any case where the Mohtasib decides not to conduct an investigation, he shall send to \r\nthe complainant a statement of his reasons for not conducting the investigation. \r\n \r\n(11) Save as provided in this order, the Mohtasib shall regulate the procedure for the conduct \r\nof business or the exercise of powers under this Order. \r\n \r\n11. Recommendations for implementation.—(1) If, after having considered a matter on his \r\nown motion or on a complaint or on a reference by the President, the Federal Council or the National \r\nAssembly, or on a motion by the Supreme Court or High Court, as the case may be, the Mohtasib is of \r\nthe opinion that the matter considered amounts to mal-administration, he shall communicate his \r\nfindings to the Agency concerned— \r\n(a)  to consider the matter further; \r\n(b)  to modify or cancel the decision, process, recommendation, act or omission; \r\n(c)  to explain more fully the act or decision in question; \r\n \r\n(d)  to take disciplinary action against any public servant of any Agency under the \r\nrelevant laws applicable to him ; \r\n \r\n(e)  to dispose of the matter or case within a specified time; \r\n \r\n(f)  to take action on his findings and recommendation to improve the working and \r\nefficiency of the Agency within a specified time; or \r\n \r\n(g)  to take any other step specified by the Mohtasib. \r\n \r\n(2) The Agency shall, within such time as may be specified by the Mohtasib, inform him about \r\nthe action taken on his recommendations or the reasons for not complying with the same. \r\n \r\n1[(2A). If after considering the reasons of the Agency in respect of his recommendations under \r\nclause (2), the Wafaqi Mohtasib is satisfied that no case of mal -administration is made out he may \r\nalter, modify, amend or recall the recommendations made under clause (1):    \r\n \r\nProvided that where the orde r is made on a complaint, no order shall be passed unless the \r\ncomplainant is given an opportunity of being heard.] \r\n \r\n(3) In any case where the Mohtasib has considered a matter, or conducted an investigation, on \r\na complaint or on a reference by the President, the Federal Council or the National Assembly or on a \r\nmotion by the Supreme Court or a High Court, the Mohtasib shall forward a copy of the communication \r\nreceived by him from the Agency in pursuance of clause (2) to the complainant or, as the case may be, \r\nthe President, the Federal Council, the National Assembly, the Supreme Court or the High Court. \r\n \r\n \r\n1Inserted by Ord. LXXII of 2002, s.4. \r\n \r\n \r\n \r\nPage 8 of 14 \r\n \r\n(4) If, after conducting an investigation, it appears to the Mohtasib that an injustice has been \r\ncaused to the person aggrieved in consequence of mal-administration and that the injustice has not \r\nbeen or will not be remedied, he may, if he thinks fit, lay a special report on the case before the \r\nPresident. \r\n \r\n(5) If the Agency concerned does not comply with the Recommendations of the Mohtasib or \r\ndoes not give reasons to the satisfaction of the Mohtasib for non-compliance, it shall be treated as \r\n“Defiance of Recommendations” and shall be dealt with as hereinafter provided. \r\n \r\n12. Defiance of recommendations.—(1) If there is a “Defiance of recommendations” by any \r\npublic servant in any Agency with regard to the implementation of a recommendation given by the \r\nMohtasib, the Mohtasib, may refer the matter to the President who may, in his discretion direct the \r\nAgency to implement the recommendation and inform the Mohtasib accordingly. \r\n \r\n(2) In each instance of “Defiance of Recommendations” a report by the Mohtasib shall become \r\na part of the personal file or Character Roll of the public servant primarily responsible for the defiance: \r\n \r\nProvided that the public servant concerned had been granted an opportunity to be heard in the \r\nmatter. \r\n \r\n13. Reference by Mohtasib.—Where, during or after an inspection or an investigation, the \r\nMohtasib is satisfied that any person is guilty of any allegations as referred to in clause (1) of Article \r\n9, the Mohtasib may refer the case to the concerned authority for appropriate corrective or disciplinary \r\naction, or both corrective and disciplinary action, and the said authority shall inform the Mohtasib \r\nwithin thirty days of receipt of reference of the action taken. If no information is received within this \r\nperiod, the Mohtasib may bring the matter to the notice of the President for such action as he may \r\ndeem fit. \r\n \r\n14. Powers of the Mohtasib.—(1) The Mohtasib shall, for the purposes of this Order, have the \r\nsame powers as are vested in a civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), \r\nin respect of the following matters, namely:— \r\n \r\n(a)  summoning and enforcing the attendance of any person and examining him on \r\noath; \r\n(b)  compelling the production of documents ; \r\n \r\n(c)  receiving evidence on affidavits ; and \r\n \r\n(d)  ssuing commission for the examination of witnesses. \r\n  \r\n(2) The Mohtasib shall have the power to require any person to furnish information on such \r\npoints or matters as, in the opinion of the Mohtasib, may be useful for, or relevant to, the subject matter \r\nof any inspection or investigation. \r\n \r\n(3) The powers referred to in clause (1) may be exercised by the Mohtasib or any person \r\nauthorised in writing by the Mohtasib in this behalf while carrying out an inspection or investigation \r\nunder the provisions of this Order. \r\n \r\n(4) Where the Mohtasib finds the complaint referred to in clause (1) of Article 9 to be false, \r\nfrivolous or vexatious, he may award reasonable compensation to the Agency, public servant or other \r\n \r\nPage 9 of 14 \r\n \r\nfunctionary against whom the complaint was made; and the compensation shall be recoverable from \r\nthe complainant as an arrears of land revenue: \r\n \r\n Provided that the award of compensation under this clause shall not debar the aggrieved person \r\nfrom seeking civil and criminal remedy. \r\n \r\n(5) If any Agency, public servant or other functionary fails to comply with a direction of the \r\nMohtasib, he may, in addition to taking other action under this Order, refer the matter to the appropriate \r\nauthority for taking disciplinary action against the person who disregarded the direction of the \r\nMohtasib. \r\n \r\n(6) If the Mohtasib has reason to believe that any public servant or other functionary has acted \r\nin a manner warranting criminal or disciplinary proceedings against him, he may refer the matter to \r\nthe appropriate authority for necessary action to be taken within the time specified by the Mohtasib. \r\n \r\n(7) The staff and the nominees of the Office may be commissioned by Mohtasib to administer \r\noaths for the purposes of this Order and to attest various affidavits, affirmations or declarations which \r\nshall be admitted in evidence in all proceedings under this Order without proof of the signature or seal \r\nor official character of such person. \r\n \r\n15. Power to enter and search any premises.—(1) The Mohtasib, or any member of the staff \r\nauthorised in this behalf, may for the purpose of making any inspection or investigation, enter any \r\npremises where the Mohtasib or, as the case may be, such member has reason to believe that any \r\narticle, book of accounts, or any other document relating to the subject-matter of inspection or \r\ninvestigation may be found, and may— \r\n \r\n(a)  search such premises and inspect any article, book of accounts or other \r\ndocuments ; \r\n \r\n(b)  take extract or copies of such books of accounts and documents ; \r\n \r\n(c)  impound or seal such articles, books of accounts or documents ; and \r\n \r\n(d)  make an inventory of such articles, books of accounts and other documents \r\nfound in such premises. \r\n \r\n(2) All searches made under clause (1) shall be carried out, mutatis mutandis, in accordance \r\nwith the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898). \r\n \r\n16. Power to punish for contempt.—(1) The Mohtasib shall have the same powers, mutatis \r\nmutandis, as the Supreme Court has to punish any person for its contempt who— \r\n(a) abuses, interferes with, impedes, imperils, or obstructs the process of the \r\nMohtasib in any way or disobeys any order of the Mohtasib ;  \r\n(b)  scandalises the Mohtasib or otherwise does anything which tends to bring the \r\nMohtasib, his staff or nominees or any person authorised by the Mohtasib in \r\nrelation to his office, into hatred, ridicule or contempt; \r\n \r\nPage 10 of 14 \r\n \r\n(c)  does anything which tends to prejudice the determination of a matter pending \r\nbefore the Mohtasib ; or \r\n(d)  does any other thing which, by any other law, constitutes contempt of Court: \r\n \r\nProvided that fair comments made in good faith and in public interest on the working of the \r\nMohtasib or any of his staff, or on the final report of the Mohtasib after the completion of the \r\ninvestigation shall not constitute contempt of the Mohtasib or his Office. \r\n \r\n(2) Any person sentenced under clause (1) may, notwithstanding anything herein contained, \r\nwithin thirty days of the order, appeal to the Supreme Court. \r\n \r\n(3) Nothing in this Article takes away from the power of the President to grant pardon, reprieve \r\nor respite and to remit, suspend or commute any sentence passed by any Court, Tribunal or other \r\nauthority. \r\n \r\n17. Inspection Team.—(1) The Mohtasib may constitute an Inspection Team for the \r\nperformance of any of the functions of the Mohtasib. \r\n \r\n(2) An Inspection Team shall consist of one or more members of the staff and shall be assisted \r\nby such other person or persons as the Mohtasib may consider necessary. \r\n \r\n(3) An Inspection Team shall exercise such of the powers of the Mohtasib as he may specify \r\nby order in writing and every report of the Inspection Team shall first be submitted to the Mohtasib \r\nwith its recommendations for appropriate action. \r\n \r\n18. Standing Committees, etc.—The Mohtasib may, whenever he thinks fit, establish standing \r\nor advisory committees at specified places with specific jurisdiction for performing such functions of \r\nthe Mohtasib as are assigned to them from time to time and every report of such committee shall first \r\nbe submitted to the Mohtasib with its recommendations for appropriate action. \r\n \r\n19. Delegation of powers.—The Mohtasib may, by order in writing, delegate such of his \r\npowers as may be specified in the order to any member of his staff or to a standing or advisory \r\ncommittee, to be exercised subject to such conditions as may be specified and every report of such \r\nmember or committee shall first be submitted to the Mohtasib with his or its recommendations for \r\nappropriate action. \r\n \r\n20. Appointment of advisers, etc.—The Mohtasib may appoint advisors, consultants, fellows, \r\nbailiffs, interns, commissioners and experts, or ministerial staff with or without remuneration, to assist \r\nhim in the discharge of his duties under this Order. \r\n \r\n21. Authorization of Provincial functionaries, etc.—The Mohtasib may, if he considers it \r\nexpedient, authorize with the consent of a Provincial Government any agency, public servant or other \r\nfunctionary working under the administrative control of the Provincial Government to undertake the \r\nfunctions of the Mohtasib under clause (1) or clause (2) of Article 14 in respect of any matter falling \r\nwithin the jurisdiction of the Mohtasib and it shall be the duty of the agency, public servant or other \r\nfunctionary so authorised to undertake such functions to such extent and subject to such conditions as \r\nthe Mohtasib may specify. \r\n \r\n \r\nPage 11 of 14 \r\n \r\n22. Award of costs and compensation and refund of amounts.— (1) The Mohtasib may, \r\nwhere he deems necessary, call upon a public servant, other functionary or any Agency to show-cause \r\nwhy compensation be not awarded to an aggrieved party for any loss or damage suffered by him on \r\naccount of any mal-administration committed by such public servant, other functionary or Agency, \r\nand after considering the explanation and hearing such public servant, other functionary, or Agency, \r\naward reasonable costs or compensation and the same shall be recoverable as arrears of land revenue \r\nfrom the public servant, functionary or Agency. \r\n \r\n(2) In case involving payment of illegal gratification to any employee of any Agency, or to any \r\nother person on his behalf, or misappropriation, criminal breach of trust or cheating, the Mohtasib may \r\norder the payment thereof for credit to the Government or pass such other order as he may deem fit. \r\n \r\n(3) An order made under clause (2) against any person shall not absolve such person of any \r\nliability under any other law. \r\n \r\n23. Assistance and advice to Mohtasib.—The Mohtasib may seek the assistance of any person \r\nor authority for the performance of his functions under this Order. \r\n \r\n(2) All officers of an Agency and any person whose assistance has been sought by the Mohtasib \r\nin the performance of his functions shall render such assistance to the extent it is within their power or \r\ncapacity. \r\n \r\n(3) No statement made by a person or authority in the course of giving evidence before the \r\nMohtasib or his staff shall subject him to, or be used against him in, any civil or criminal proceedings \r\nexcept for prosecution of such person for giving false evidence. \r\n \r\n24. Conduct of business.—(1) The Mohtasib shall be the chief executive of the Office 1[and \r\nshall enjoy administrative and financial autonomy as may be prescribed by the Federal Government]. \r\n \r\n(2) The Mohtasib shall be the Principal 1[Accounting] Officer of the Office in respect of the \r\nexpenditure incurred against budget grant or grants controlled by the Mohtasib and shall, for this \r\npurpose, exercise all the financial and administrative powers delegated to 1[him]. \r\n \r\n25. Requirement of affidavits.—(1) The Mohtasib may require any complainant or any party \r\nconnected or concerned with a complaint, or with any inquiry or reference, to submit affidavits attested \r\nor notorized before any competent authority in that behalf within the time prescribed by the Mohtasib \r\nor his staff. \r\n \r\n(2) The Mohtasib may take evidence without technicalities and may also require complainants \r\nor witnesses to take lie detection tests to examine their veracity and credibility and draw such \r\ninferences that are reasonable in all circumstances of the case especially when a person refuses, without \r\nreasonable justification, to submit to such tests. \r\n \r\n26. Remuneration of advisers, consultants, etc.—(l) The Mohtasib may, in his discretion, fix \r\nan honorarium or enumeration of advisers, consultants, experts and interns engaged by him from time \r\nto time for the services rendered. \r\n \r\n \r\n1Added & Subs. by Ord. LXXII of 2002,s.5. \r\n \r\n \r\n \r\nPage 12 of 14 \r\n \r\n(2) The Mohtasib may, in his discretion, fix a reward or remuneration  to any person for \r\nexceptional services rendered, or valuable assistance given to the Mohtasib in carrying out his \r\nfunctions: \r\n  \r\nProvided that the Mohtasib shall withhold the identity of that person, if so requested by the \r\nperson concerned, and take steps to provide due protection under the law to such person against \r\nharassment, victimization, retribution, reprisals or retaliation. \r\n \r\n27. Mohtasib and staff to be public servants.—The Mohtasib, the employees, officers and \r\nall other staff of the office shall be deemed to be public servants within the meaning of Section 21 of \r\nthe Pakistan Penal Code (Act XLV of 1860). \r\n \r\n28. Annual and other reports.—(l) Within three months of the conclusion of the calendar \r\nyear to which the report pertains, the Mohtasib shall submit an Annual Report to the President. \r\n \r\n(2) The Mohtasib may, from time to time, lay before the President such other reports relating \r\nto his functions as he may think proper or as may be desired by the President. \r\n \r\n(3) Simultaneously, such reports shall be released by the Mohtasib for publication and copies \r\nthereof shall be provided to the public at reasonable cost. \r\n \r\n(4) The Mohtasib may also, from time to time, make public any of his studies, research, \r\nconclusion, recommendations, ideas or suggestions in respect of any matters being dealt with by the \r\nOffice. \r\n \r\n(5) The report and other documents mentioned in this Article shall be placed before the Federal \r\nCouncil or the National Assembly, as the case may be. \r\n \r\n29. Bar of jurisdiction.—No Court or other authority shall have jurisdiction.—  \r\n \r\n(1) to question the validity of any action taken, or intended to be taken, or order made, or \r\nanything done or purporting to have been taken, made or done under this Order ; or \r\n \r\n(2) to grant an injunction or stay or to make any interim order in relation to any proceedings \r\nbefore, or anything done or intended to be done or purporting to have been done by, or under the orders \r\nor at the instance of the Mohtasib. \r\n \r\n30. Immunity.—No suit, prosecution or other legal proceeding shall lie against the Mohtasib, \r\nhis Staff, Inspection Team, nominees, member of a standing or advisory committee or any person \r\nauthorised by the Mohtasib for anything which is in good faith done or intended to be done under this \r\nOrder. \r\n \r\n31. Reference by the President.—(l) The President may refer any matter, report or complaint \r\nfor investigation and independent recommendations by the Mohtasib. \r\n \r\n(2) The Mohtasib shall promptly investigate any such matters, report or complaint and submit \r\nhis findings or opinion within a reasonable time. \r\n \r\n(3) The President may, by notification in the official Gazette, exclude specified matters, public \r\nfunctionaries or Agencies from the operation and purview of all or any of the provisions of this Order. \r\n \r\nPage 13 of 14 \r\n \r\n \r\n32. Representation of President.—Any person aggrieved by a decision or order of the \r\nMohtasib may, within thirty days of the decision or order, make a representation to the President, who \r\nmay pass such order thereon as he may deem fit. \r\n \r\n33. Informal resolution of disputes.—(l) Notwithstanding anything contained in this Order, \r\nthe Mohtasib and a member of the staff shall have the authority to informally conciliate, amicably \r\nresolve, stipulate, settle, or ameliorate any grievance without written memorandum without the \r\nnecessity of docketing any complaint or issuing any official notice. \r\n \r\n(2) The Mohtasib may appoint for purposes of liaison counsellors, whether honorary or \r\notherwise, at local levels on such terms and conditions as the Mohtasib may deem proper. \r\n \r\n34. Service of process.—(l) For the purposes of this Order, a written process or communication \r\nfrom the Office shall be deemed to have been duly served upon a respondent or any other person by, \r\ninter alia, any one or more of following methods, namely:— \r\n(i)  by service in person through any employee of the Office or by any special \r\nprocess-server appointed in the name of the Mohtasib by any authorized staff of \r\nthe officer, or any other person authorised in this behalf; \r\n(ii)  by depositing in any mail box or posting any Post Office a postage prepaid copy \r\nof the process, or any other document under certificate of posting or by \r\nregistered post acknowledgment due to the last known address of the respondent \r\nor person concerned in the record of the Office, in which case service shall be \r\ndeemed to have been effected ten days after the aforesaid mailing; \r\n(iii)  by a police officer or any employee or nominee of the Office leaving the process \r\nor document at the last known address, abode, or place of business of the \r\nrespondent or person concerned and, if no one is available at the aforementioned \r\naddress, premises or place, by affixing a copy of the process or other document \r\nto the main entrance of such address ; and \r\n(iv)  by publishing the process or document through any newspaper and sending a \r\ncopy thereof to the respondent or the person concerned through ordinary mail, \r\nin which case service shall be deemed to been effected on the day of the \r\npublication of the newspaper. \r\n \r\n(2) In all matters involving service the burden of proof shall be upon a respondent to credibly \r\ndemonstrate by assigning sufficient cause that he, in fact, had absolutely no knowledge of the process, \r\nand that he actually acted in good faith. \r\n \r\n(3) Whenever a document or process from the Office is mailed, the envelope or the package \r\nshall clearly bear the legend that it is from the Officer. \r\n \r\n35. Expenditure to be charged on Federal Consolidated Fund.— The remuneration payable \r\nto the Mohtasib and the administrative expenses of the Office, including the remuneration payable to \r\nstaff nominees and grantees, shall be an expenditure charged upon the Federal Consolidated Fund. \r\n \r\n36. Rules.—The Mohtasib may, with the approval of the President, make rules for carrying, \r\nout the purposes of the Order. \r\n \r\nPage 14 of 14 \r\n \r\n37. Order to override other laws.—The provisions of this Order shall have effect \r\nnotwithstanding anything contained in any other law for the time being in force. \r\n \r\n38. Removal of difficulties.—If any difficulty arises in giving effect to any provision of this \r\nOrder, the President may make such order, not inconsistent with the provisions of this Order, as may \r\nappear to him to be necessary for the purpose of removing such difficulty. \r\n \r\n \r\nTHE FIRST SCHEDULE \r\n \r\n[See Article 3 (3)] \r\n \r\nI................................do solemnly swear that I will bear true faith and allegiance to Pakistan;  \r\n \r\nThat as Wafaqi Mohtasib, I will discharge my duties and perform my functions honestly, to the \r\nbest of my ability, faithfully in accordance with the laws of the Islamic Republic of Pakistan, and \r\nwithout fear or favour, affection or ill-will; \r\n \r\nThat I will not allow my personal interest to influence my official conduct or my official \r\ndecisions; \r\n \r\nThat I shall do my best to promote the best interest of Pakistan; \r\n \r\n And that I will not directly or indirectly communicate or reveal to any person any matter which \r\nshall be brought under my consideration, or shall become known to me, as Wafaqi Mohtasib, except \r\nas may be required for the due discharge of my duties as Wafaqi Mohtasib. \r\n \r\nMay Allah Almighty help and guide me (Amen). \r\n \r\n \r\nTHE SECOND SCHEDULE \r\n \r\nSee Article 8 (4) \r\n \r\nI.........................................do solemnly swear that I will bear true faith and allegiance to \r\nPakistan; \r\n \r\nThat as an employee of the office of the Wafaqi Mohtasib, I will discharge my duties and \r\nperform my functions honestly, to the best of my ability, faithfully, in accordance with the laws of the \r\nIslamic Republic of Pakistan and without fear or favour, affection or ill-will;  \r\n \r\nThat I will not allow my personal interest to influence my official conduct or my official \r\ndecisions; \r\n \r\nAnd that I will not directly or indirectly communicate or reveal to any person any matter which \r\nshall be brought under my consideration, or shall become known to me, as an employee of the office \r\nof the Wafaqi Mohtasib. \r\n \r\nMay Allah Almighty help and guide me (Amen).",
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