(b) all regulations, policies and any other instructions or directions
made or issued by the Board at any time under the Notification mentioned in
sub-Paragraph (1) shall, if not inconsistent with the provisions of this
Constitution, be deemed to be regulations, policies, instructions or directions
under this Constitution and shall continue to be in force until repealed,
rescinded or modified in accordance with the provision of this Constitution.
46. Transitional
Arrangements.On the commencement of this Constitution, the present
management of the Board including the Governing Board, the Chairman, General
Body, the Chief Operating Officer and Chief Financial Officer shall continue to
perform their functions and exercise their powers till expiry of their terms or
any notification in respect thereof, whichever comes first:
Provided
that all appointments shall be made in accordance with the provisions hereof. The BOG, Chairman and the
General Body shall deemed to be eligible and duly
nominated for consideration by their respective appointing mechanism. The
Chairman in office at the time of enactment of this Constitution will be deemed
to be the recommended nominee of the Patron to be considered and dealt with by
the Nomination Committee as required under Paragraph 29:
Provided
further that in case of enlargement of the BOG, the new appointments shall be
made for the remaining term.
------------------------------
PRESIDENTS ORDER NO. 4
OF 2013
SUPREME COURT JUDGES
(LEAVE, PENSION AND PRIVILEGES) (AMENDMENT) ORDER, 2013.
An order
further to amend the Supreme Court Judges (Leave, Pension and Privilege) Order,
1997
[Gazette of
No. F. 2(2)/2013-Pub.The following President's Order
promulgated by the President is hereby published for general information:--
WHEREAS it is expedient
further to amend the Supreme Court Judges (Leave, Pension and Privileges)
Order, 1997, (P.O No. 2 of 1997), for the purposes hereinafter appearing;
Now, THEREFORE, in exercise
of the powers conferred by the Fifth Schedule to the Constitution of the
Islamic Republic of Pakistan, the President is pleased to make the following
Order:
1. Short title and
commencement.(1) This Order may be called the Supreme Court Judges (Leave, Pension and
Privileges) (Amendment) Order, 2013.
(2) It shall come into force at once.
2. Amendment of Paragraph
21, P.O. No. 2 of 1997.In the Supreme Court Judges (Leave, Pension and Privileges)
Order, 1997, (P.O No. 2 of 1997), for Paragraph 21, the following shall be substituted,
namely:
"21. Official
car.(1) A Judge shall be entitled to the use of two official cars
maintained at Government expense, one at principal seat and one at provincial
headquarters where he is transferred for duty, but shall have to bear the cost of
petrol used in both the cars during a month in excess of an aggregate of six
hundred liters:
Provided that the provision of the second car shall be met
from the existing pool of cars of the Supreme Court:
Provided further that the second ear
shall not be available for purchase on depreciated value, or otherwise, on
retirement of a Judge.
(2) The cars provided for the use of a Judge shall be used by him
until he retires, subject to their replacement earlier, either because of their
having completed the specified number of years of service or distance to be
covered or of their having become unserviceable in accordance with rules."
--------------------------
PRESIDENT'S ORDER NO. 5
OF 2013
HIGH COURT JUDGES
(TRAVELLING ALLOWANCE) (AMENDMENT) ORDER, 2013
An order
further to amend the High Court Judges (Travelling Allowance) Order, 1997
[Gazette of
No. F. 2(2)/2013-Pub.The following President's Order
promulgated by the President is hereby published for general information:
WHEREAS it is expedient
further to amend the High Court Judges (Travelling Allowance) Order, 1965
(P.O.No.4 of 1965), for the purposes hereinafter appearing;
AND WHEREAS Paragraph 2 of
the Fifth Schedule to the Constitution relating to the High Court provides that
every Judge of a High Court shall be entitled to such privileges and
allowances, and to such rights in respect of leave of absence and pension, as
may be determined by the President:
Now, THEREFORE, in exercise
of the powers conferred by the aforesaid paragraph, the President, is pleased
to make the following Order, namely :
1. Short title and
commencement.(1) This Order may be called the High Court Judges (Travelling Allowance)(Amendment) Order, 2013.
(2) It shall come into force at once and shall be
deemed to have taken effect on the first day of July, 2012.
2. Amendment of Paragraph
7, P. O. No. 4 of 1965.In the said Order, in Paragraph 7, for the words "six
rupees" the words "twelve rupees" shall be substituted.
3. Amendment of Paragraph
11, P. O. No. 4 of 1965.In the said Order, in Paragraph 11, in sub-Paragraph (1 ),
(a) for the words "two thousand"
the words "four thousand" shall be substituted; and
(b) in the proviso, for the words
"twenty four" the words "forty four" shall be substituted.
------------------------------
ACT NO. XIV OF 2013
FEDERAL OMBUDSMEN INSTITUTIONAL REFORMS ACT, 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
[Gazette of
No. F. 9(10)/2013-Legis.The following Act of
Majlis-e-Shoora (Parliament) received the assent of the President on
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
(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:
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:
(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.
(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
(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.
-----------------------------
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).
-----------------------------
THE END