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Mohtasib (Ombudsman) Secretariat AJK

AJK Mohtasib (Ombudsman) Secretariat Muzaffarabad

Functions & Powers

Section 9 (1),(2),and (3)  of the  Ombudsman Act, 1992, illustrates the jurisdiction, functions and power of the Ombudsman, as under:

 (1) The Mohtasib may on a complaint by an aggrieved person, on a reference by the President, the Azad Jammu and Kashmir Council or the Assembly, as the case may be, or on a motion of the Supreme Court or a High Court made during the course of any proceedings before it or of his own motion,
undertake any investigation into any allegation of maladministration on the part of any Agency or any of its officers or employees.
Provided that the Mohtasib shall not have any Jurisdiction to investigate or inquire into any matters which ‐ are

(a)   subjudise before a court of competent jurisdiction or judicial tribunal or board in Azad Jammu and Kashmir on the date of the receipt of a complaint, reference or motion by him; or

( b)   relate to the external affairs of Pakistan or the relations or dealings of Pakistan with any foreign state or Government; or

(c )   relate to, or are connected with, the defense of Pakistan or Azad Jammu and Kashmir
or any part thereof, the military, naval and air forces of Pakistan, or the matters covered by the
laws relating to those forces;

“(d) relates to a time barred matter under the provisions of Limitation Act;

(e) directly affects the finances of Government, in such a case the Mohtasib shall examine
the complaint and establish a prima facie case and get proper specific and early information
from the agency for financial implications involved in the case, before issuing order. The cases
which have been decided by the Courts or any other forum or matters relating to the contract
shall not be re‐opened by the Mohtasib.

(2) Notwithstanding anything contained in sub‐section (1), the Mohtasib shall not accept
forinvestigation any complaint by or on behalf of a public servant *a civilservant or, functionary
concerning any matter relating to the Agency in which he is, or has been working in respect of
any personal grievance relating to his service therein.

(3) For carrying out the objectives of this Act, and, in particular for ascertaining the root
causes of corrupt practices and injustice, the Mohtasib may arrange for studies to be made or
research to be conducted and may recommend appropriate steps for their eradication.