Act XII of 2013 · 7 pages
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THE FEDERAL OMBUDSMEN INSTITUTIONAL REFORMS ACT,
2013
CONTENTS
1. Short title, extent and commencement.
2. Definition.
3. Tenure of the Ombudsman.
4. Acting Ombudsman.
5. Removal of Ombudsman.
6. Resignation.
7. Grievance Commissioner.
8. Oath of office.
9. Expeditious disposal of complaints.
10. Powers of Ombudsman.
11. Temporary Injunction.
12. Power to punish for contempt.
13. Review.
14. Representation.
15. Personal hearing.
16. Supply of copies.
17. Administrative and financial powers of Ombudsman.
18. Bar of jurisdiction.
19. No additional responsibility.
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20. Holding office of profit after expiry of tenure.
21. Miscellaneous.
22. Power to make rules.
23. Removal of difficulties.
24. Overriding effect.
SCHEDULE
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THE FEDERAL OMBUDSMEN INSTITUTIONAL REFORMS ACT, 2013
ACT NO. XIV OF 2013
[20th March, 2013]
An Act to make institutional reforms for standardizing and harmonizing the laws relating to Federal
Ombudsmen institution and the matters ancillary or akin thereto;
WHEREAS it is expedient to make institutional reforms for standardizing and harmonizing
the laws relating to institution of Federal Ombudsmen and the matters ancillary or akin thereto:
AND WHEREAS, it is expedient to enhance effectiveness of the Federal Ombudsmen to
provide speedy and expeditious relief to citizens by redressing their grievances to promote good
governance;
AND WHEREAS, it is necessary that in order to enable the Federal Ombudsmen to perform
their functions efficiently, they should enjoy administrative and financial autonomy;
Now, THEREFORE, it is hereby enacted as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the Federal
Ombudsmen Institutional Reforms Act, 2013.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definition.— In this Act, unless there is anything repugnant in the subject or context,—
(a) “Agency” means, the Agency defined in the relevant legislation and in relation
to the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order,
1983 (P.O. No. 1 of 1983) shall include an Agency in which the Federal
Government has any share or which has been licensed or registered by the
Federal Government and notified by the Federal Government in the Official
Gazette.
(b) “Ombudsman” means an Ombudsman appointed under the relevant legislation
and includes the Ombudsman appointed under section 21.
(c) “relevant legislation” means, the Office of Wafaqi Mohtasib (Ombudsman)
Order, 1983 (P.O. No.l of 1983), the Establishment of the Office of Federal
Tax Ombudsman Ordinance, 2000 (XXXV of 2000), the Insurance Ordinance,
2000 (Ordinance No. XXXIX of 2000), the Banking Companies Ordinance,
1962 (LVII of 1962), and the Protection against Harassment of Women at the
Workplace Act, 2010 (IV of 2010).
3. Tenure of the Ombudsman.—The Ombudsman shall hold office for a period of four
years and shall not be eligible for any extension of tenure or re-appointment as Ombudsman under
any circumstances:
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Provided that the Ombudsman shall continue to hold office after expiry of his tenure till his
successor enters upon the office.
4. Acting Ombudsman.—At any time when the office of Ombudsman is vacant or he is
unable to perform his functions due to any cause the President shall appoint an Acting Ombudsman
who shall perform functions and exercise powers as are vested in the Ombudsman and shall be
entitled to all privileges as are admissible to Ombudsman:
Provided that till such time the Acting Ombudsman is appointed, the Wafaqi Mohlasib
(Ombudsman) shall act as Ombudsman of the concerned office and in case the Wafaqi Mohtasib is
absent or unable to perform functions of his office, the Federal Tax Ombudsman shall act as Wafaqi
Mohtasib (Ombudsman), in addition to his own duties.
5. Removal of Ombudsman.—An Ombudsman may be removed from office through
Supreme Judicial Council on the grounds of being incapable of properly performing duties of his
office by reason of physical or mental incapacity or found to have been guilty of misconduct.
6. Resignation.—The Ombudsman may resign his office by writing under his hand addressed
to the President.
7. Grievance Commissioner.—(1) The Ombudsman shall appoint or designate an officer not
below BPS-21 as a Grievance Commissioner in an Agency against which a large number of
complaints are received persistently.
(2) The Grievance Commissioner shall exercise the powers and perform the functions as may
be specified by the Ombudsman.
8. Oath of office.—An Ombudsman shall take Oath before he enters upon his office in the
form as prescribed in the relevant legislation and in case such form is not prescribed in the relevant
legislation he shall make oath before the President before he enters upon office in the form set out in
the Schedule to this Act.
9. Expeditious disposal of complaints.—(1) The Agency shall, if so required by the
Ombudsman submit written comments in a complaint within fifteen days, and this period may be
extended for a further period of seven days on a sufficient cause.
(2) The representative of the Agency shall, if so required by the Ombudsman, attend the
hearing of complaint, or may request in writing for adjournment with specific reasons, such
adjournment if justified shall not be allowed more than seven days.
(3) Disciplinary action shall be taken by the competent authority if there is failure in terms of
sub-section (1) or sub-section (2).
(4) The Competent authority shall within fifteen days inform the Ombudsman about the
action taken on his orders under sub-section (3).
(5) The Ombudsman shall dispose of the complaint within a period of sixty days.
10. Powers of Ombudsman.—In addition to powers exercised by Ombudsman under the
relevant legislation, he shall also have following powers of a civil Court, namely:—
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(i) granting temporary injunctions; and
(ii) implementation of the recommendations, orders or decisions.
11. Temporary Injunction.—The Ombudsman may stay operation of the impugned order
or decision for a period not exceeding sixty days.
12. Power to punish for contempt.—An Ombudsman shall have power to punish for
contempt as provided in the Contempt of Court Ordinance, 2003 (V of 2003).
13. Review.—(1) The Ombudsman shall have the power to review any findings,
recommendations, order or decision on a review petition made by an aggrieved party within thirty
days of the findings, recommendations, order or decision.
(2) The Ombudsman shall decide the review petition within forty five days.
(3) In review, the Ombudsman may alter, modify, amend or recall the recommendation, order
or decision.
14. Representation.—(1) Any person or party aggrieved by a decision, order, findings or
recommendations of an Ombudsman may file representation to the President within thirty days of the
decision, order, findings or recommendations.
(2) The operation of the impugned order, decision, findings or recommendation shall remain
suspended for period of sixty days, if the representation is made as per sub-section (1).
(3) The representation shall be addressed directly to the President and not through any
Ministry, Division or Department.
(4) The representation shall be processed in the office of the President by a person who had
been or is qualified to be a judge of the Supreme Court or has been Wafaqi Mohtasib or Federal Tax
Ombudsman.
(5) The representation shall be decided within ninety days.
15. Personal hearing.—It shall not be necessary for the President or the Ombudsman to give
personal hearing to the parties and the matter may be decided on the basis of available record and
written comments filed by the Agency.
16. Supply of copies.—The Ombudsman shall supply free of cost copies of the findings and
recommendations to the parties within fifteen days of the decision.
17. Administrative and financial powers of Ombudsman.—(1) The Ombudsman shall be
the Chief Executive and Principal Accounting Officer of the Office and shall enjoy complete
administrative and financial autonomy.
(2) The remuneration payable to the Ombudsman and the administrative expenses of the
office shall be an expenditure charged upon Federal Consolidated Fund.
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(3) The Ombudsman shall have full powers to create new posts and abolish old posts, to
change nomenclature and upgrade or downgrade any post provided the expenditure is met from
within the allocated budget of the office of Ombudsman.
(4) The Ombudsman shall have full powers to re-appropriate funds from one head of account
to another head of account and to sanction expenditure on any item from within the allocated budget.
(5) The Ombudsman may delegate any of his financial powers to a member of the staff not
below BPS-21 or equivalent:
Provided that approval of the Ombudsman shall be obtained by the delegatee for exercise of
powers under sub-section (3) and for re-appropriation of funds under sub-section (4), before
implementation thereof.
18. Bar of jurisdiction.—No Court or authority shall have jurisdiction to entertain a matter
which falls within the Jurisdiction of an Ombudsman nor any Court or authority shall assume
jurisdiction in respect of any matter pending with or decided by an Ombudsman.
19. No additional responsibility.—Except as provided in Section 4, the Ombudsman shall
not—
(a) hold any other office of profit in the service of Pakistan; or
(b) occupy any other position carrying the right to remuneration for rendering of
services.
20. Holding office of profit after expiry of tenure.—The Ombudsman shall not hold any
office of profit in the service of Pakistan, other than a judicial or quasi-judicial office, before the
expiration of two years after he has ceased to hold office nor shall he be eligible, during the tenure of
office and for a period of two years thereafter, for election as a member of Parliament or a Provincial
Assembly or any local body or take part in any political activity.
21. Miscellaneous.—A woman, with an experience of atleast ten years in the matters relating
to protection of women against harassment shall also be eligible to be appointed by the President as
Ombudsman under the Protection against Harassment of Women at the Workplace Act, 2010 (IV of
2010).
22. Power to make rules.—The Federal Government may, by notification in the Official
Gazette, make rules to carry out the purposes of this Act.
23. Removal of difficulties.—If any difficulty arises in giving effect to any provision of this
Act, the President may make such Order, as may appear to him to be necessary or expedient for the
purpose of removing the difficulty.
24. Overriding effect.—(1) The Provisions of this Act shall have effect notwithstanding
anything contained in any other law for the time being in force.
(2) In case there is a conflict between the provisions of this Act and the relevant legislation,
the provisions of this Act to the extent of inconsistency, shall prevail.
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THE SCHEDULE
[See section 8]
I,…………………………………… do solemnly swear that I will bear true faith and
allegiance to Pakistan;
That as ……………………………Ombudsman, I will discharge my duties and perform my
functions honestly, to the best of my ability, faithfully in accordance with the laws of the Islamic
Republic of Pakistan, and without fear or favour, affection or ill-will;
That I will not allow my personal interest to influence my official conduct or my official
decisions;
And that I will not directly or indirectly communicate, or reveal to any person any matter
which shall be brought under my consideration, or shall become known to me, as Ombudsman,
except as may be required for the due discharge of my duties as Ombudsman.
May Allah Almighty help and guide me (Ameen).
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Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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