Circular No 03 of 2003-2004

HEAD OFFICE, KARACHI

No: HO/LD/OM/05/32/2003/558		October 29, 2003

	CIRCULAR NO. 03/2002-04

SUBJECT: PROCEDURE FOR HANDLING OMBUDSMAN CASES

It has been observed that complaints against EOBI in the office of Wafaqi Muhtasib have increased. In the beginning, the Wafaqi Muhtasib Offices at Islamabad, Lahore and Karachi only were handling complaints but now Hon’ able Wafaqi Muhtasib has also established Regional Offices at Sukkur, Multan, Faisalabad and other places. The increased work load at various stations warrants establishment of standard system for dealing with and timely follow up of Wafaqi Muhtasib cases under close watch of B&C and Law Departments of Head Office.

In view of above following procedure has been devised in consultation with concerned department to monitor proper representation of the cases and compliance of orders of Honorable Wafaqi Mohtasib.

1) On receipt of the complaint, matter should be referred to Adjudicating Authority for adjudication under section 33(e) of the Act, 1976, on prescribed format. In the mean time, the Regional Office of Wafaqi Muhtasib shall also be requested that complaint may please be allowed to be treated as a petition under section 33(e) of EOB Act, 1976 and the time for submitting report may be extended till decision of the Adjudicating Authority. Where the complaint is received by our Zonal/ Regional Office they will immediately send a copy thereof to the Law Department Head Office along with copy of their comments thereon. Dealing Officer in Law Department, Head Office will ensure prompt response to the Wafaqi Muhtasib matters; in no case late than 24 hours. (Forms “A: & “B”).

2) The officer, at Head Office/ Zonal Office or Regional Office, who deals with the matter in case if further time is required must write a letter, on prescribed format to the office of Wafaqi Muhtasib requesting for extension of time for comments. (Form “C”.)

3) Where after expiry of 30 days, no communication or report is received from the office of Adjudicating Authority, a reminder on prescribed format should be sent to the concerned Adjudicating Authority for expeditious disposal of the complaint. The reminders I and II will follow by 7 and 3 days respectively. (Forms-“D”, and “E”)

4) The Authority has to decide the matter within 45 days of the receipt of complaint and communicate Certified True Copy of its decision to the Law Department. The officer dealing with the matter, either in Head Office or Zone/ Region, must send the CTC of the decision of Adjudicating Authority to the office of Wafaqi Muhtasib under cover of prescribed letter without any delay. (Form “F”)

5) On receipt of notice of hearing from the office of Wafaqi Muhtasib, the Zonal Law Officer of the concerned Zone, where Zonal Offices are situated, shall appear and defend the Institution and after each hearing, on same date submit his report in writing to Law Department. The places where Zonal Office are not situated and Regional Offices of Wafaqi Muhtasib are situated the Law Officer of the Region will be responsible to defend the case in accordance with law. (Form “G”)

6) On receipt of the orders of the Wafaqi Muhtasib, the dealing Officer (in case of Zone) will immediately send its copies to the B&C Department/ Law Department/ Regional Office of concerned along with his self explanatory report. In case the order calls for action by other than Zone, the orders shall be passed on to the Zone for compliance accordingly.

7) Where findings of Wafaqi Mohtasib, on any legal issue are appealable, the dealing officer of Zone or Region will immediately prepare draft appeal/ representation to the President of Pakistan and send the same along with a self contained summary and certified copies of relevant orders to the Law Department Head Office, within three days of the date of receipt of orders.

7-A) Where no appeal is suggested or filed against the order / finding of Wafaqi Muhtasib, the Zonal Office shall ensure the compliance of the order/ finding within 20 days of the receipt thereof under intimation to Law Department, Head Office.

8) The Law Department Head Office on receipt of finding, explanatory note and draft appeal examine it in view of law and dictums of law and submit before the Competent Authority for approval and ensure filling of appeal within the stipulated time as provided under the law.

9) In case if an appeal is filed, it will be the duty of the dealing officer of the Law Department Head, Office to follow up the matter and keep liaison with concerned quarters.

10) Every dealing office, Zonal /Regional Office, should send the monthly report to the Law Department on or before 5^th day of each calendar month, on devised format. (Form “H”)

11) The dealing officer at Law Department should carefully watch the matters of the Wafaqi Muhtasib, prepare consolidated computerized list of the complaints and update it time to time according to the information received from Zones/ Regions. Monthly Consolidated report of Wafaqi Muhtasib matters along with its summary should be submitted before the Competent Authority on or before 10^th day of each month.

12) The matters pertaining to Gujranwala will be handled by AD (Law) Lahore Zone and the matters of Hyderabad will be handled by Assistant Director (Law) Law Department Head Office.

13) In the Head Office the Principal Officer for the purpose of the signature will be the Head of B&C Division and dealing officer will be the Assistant Director (Law) who will routed dak through proper channel.

14) All the matters pertaining to Wafaqi Muhtasib should be acknowledged by Law Department which will maintain its record and monitor these cases.

15) All the correspondence with the Office of Wafaqi Mohtasib will be signed by the Principle Officer and the correspondence with all Zonal and Regional Offices will be signed by the Director Law/ Head of Law Department.

16) All the matters of Wafaqi Muhtasib will be dealt in a uniform system and will be monitored by the Law Department.

17) The references from Wafaqi Muhtasib shall be treated as most urgent and processed expeditiously. Their disposal shall be tracked by computerized programme and persons responsible for delay in action or carelessness shall be liable to explanation and disciplinary action.

It should be noted that any default of these instructions may lead to disciplinary action against the delinquent officials. The Zonal Heads/Regional Heads should immediately after receipt of this circular, intimate the name and designation of the official dealing with the matters of Wafaqi Mohtasib concerned to the Law Department in writing.

This has been issued with the approval of Competent Authority

(MAHMOOD ALAM SOOMRO)

DIRECTOR (LAW)/ DEPT. HEAD

CC to:

1. Chairman Secretariat,

2. F.A/ DG (F&I) / DG(Ops) Secretariats,

3. All Departmental/ Zonal and Regional Heads.

4. Office File

5. Master File

(Form-“A”)

EMPLOYEES’ OLD-AGE BENEFITS INSTITUTION,

HEAD OFFICE, LAW DEPARTMENT,

KARACHI.

Ref. No: HO/LD/OM/ _________/2003 Date:______________________

The Zonal Head/ Adjudicating Authority,

Employees’ Old-Age Benefits Institution,

Zonal Office,

SUBJECT:______________________________________

RE:______. .

Enclosed is a copy of the letter along with complaint received from Ombudsman’s Secretariat which are self explanatory.

We have requested to Hon’ able Ombudsman to allow us to treat this complaint as petition under section 33 (e) of EOB Act, 1976 and extend the time for submission of our report.

You are requested to look into the matter under section 33(e) of the Act, 1976 and intimate the decision of the Adjudicating Authority at your earliest for onward submission to the Ombudsman Secretariat.

This may be treated as most urgent.

( )

Enclosed: as above. Dy. DIRECTOR (Law)

Copy for information and necessary action to:-

1. The________________, Wafaqi Mohtasib (Ombudsman’s) Secretariat, ___________.

2. The Regional Head,

EOBI, Regional Office,

(Form-“B”)

EMPLOYEES’ OLD-AGE BENEFITS INSTITUTION,

HEAD OFFICE, LAW DEPARTMENT,

KARACHI.

Ref. No: HO/LD/OM/-------------/ 2003 Dated: _________________ .

Mr.______________________ ,

______________________ ,

Wafaqi Muhtasib (Ombudsman)s’ Secretariat,

SUBJECT:___________________________________

RE: ________________________________________

I am directed to acknowledge receipt of your letter No;__________________________

dated: _________________ , and to request that the present complaint may please be allowed to be treated as a petition under section 33 of EOB Act, 1976. It is further requested that the time for submitting our report may please be extended till decision of the Adjudicating Authority.

( )

Dy. DIRECTOR GENERAL (B&C)

c.c to:

1. Chairman / DG Secretariat.

2. Zonal Head, Zonal Office,

3 Regional Office.

4. Office Copy

5. Master File.

(Form-“C”)

EMPLOYEES’ OLD-AGE BENEFITS INSTITUTION,

HEAD OFFICE, LAW DEPARTMENT,

KARACHI.

Ref: HO/LD/OM/__________________/2003 Dated: _________________

To,

Mr, ____________________

__________________,

Wafaqi Mohtasib (Ombudsman)’s Secretariat,

SUBJECT:___________________________________

RE: ________________________________________

I am directed to refer to your letter No.___________________________ dated _____________on the above noted subject received in this office on__________ and to request you to kindly extend the time to file comment up to _____________ as the case relates to our ____________________ and we requir some more time in collecting necessary information from the relevant quarters.

( )

Dy. DIRECTOR GENERAL (B&C)

c.c to:

1. Chairman / DG Secretariat.

2. Zonal Head, Zonal Office, __________

3 Regional Office.

4. Office Copy

5. Master File.

(Form-“D”)

(REMINDER - I)

EMPLOYEES’ OLD-AGE BENEFITS INSTITUTION,

HEAD OFFICE, LAW DEPARTMENT,

KARACHI.

Ref. No: HO/LD/OM/ _____________/98 Dated:_____________

The Zonal Law Officer,

Employees’ Old Age Benefits Institution,

Zonal Office,

SUBJECT:___________________________________

RE: ________________________________________

Please refer to this office IOM No:____________________________dated: _____________, on the subject cited above. Progress report is still awaited.

Your are requested to please intimate the position and progress of the matter within fifteen days of the receipt of this IOM

( )

Dy. DIRECTOR (Law)

c.c. to

1. DG( Ops.), EOBI, Head Office, Karachi.

2. Office Copy.

3. Master Copy.

(Form-“E”)

(REMINDER - II)

EMPLOYEES’ OLD-AGE BENEFITS INSTITUTION,

HEAD OFFICE, LAW DEPARTMENT,

KARACHI.

Ref. No: HO/LD/ OM/_____________/2003 Dated:_____________

The Zonal Head,

Employees’ Old Age Benefits Institution,

Zonal Office,

SUBJECT:___________________________________

RE: ________________________________________

Please refer to this office IOM No:______________________________, dated: _____________, followed by its reminder dated:________________, and __________________ on the subject cited above. It is regretted that the progress and the position in the above matter is still awaited.

It is a very alarming situation that inspite of repeated reminders no reply has been received from your office. You will appreciate that the matters of Wafaqi Muhtasib are to be dealt at priority basis and required prompt disposal.

Your are therefore directed to look into the matter and send the factual position and progress of the matter to this office within three days of this IOM so that the office of Wafaqi Mohtasib could be informed accordingly.

You are further directed to inform the name and designation of the delinquent officer so that further proceeding against him could be initiated according to Rules.

( )

Dy. DIRECTOR (Law)

c.c. to:

1. Chairman / DG(Ops) Secretariat.

4. Office Copy

5. Master File.

(Form “F”)

EMPLOYEES’ OLD-AGE BENEFITS INSTITUTION,

HEAD OFFICE, LAW DEPARTMENT,

KARACHI

Ref. No: HO/LD/OM/ ___________ /2003 Dated: _______________

Mr. _____________________

_________________,

Wafaqi Muhtasib (Ombudsman)’s Secretariat,

______________

SUBJECT:___________________________________

RE: ________________________________________

I am directed to enclose a certified true copy of the decision under section 33 (e) of the EOB Act, 1976 given by the Adjudicating Authority, EOBI, Zonal Office,___________________, in the matter, as cited above for your kind perusal and record ..

( )

Dy. DIRECTOR GENERAL (B&C)

c.c. to:

1. Chairman / DG(Ops) Secretariat.

4. Office Copy

5. Master File.

(Form “G”)

EMPLOYEES’ OLD-AGE BENEFITS INSTITUTION,

HEAD OFFICE, LAW DEPARTMENT,

KARACHI

SUBJECT:____________________________________

RE: _________________________________________

Ref. No: Dated: _______________

The above matter was fixed to day before Mr_____________________________________

the _____________________, Wafaqi Mohtasib (Ombudsman)s’ Secretariat Regional Office, _____________, by _______ AM., vide notice of hearing No:_____________________________, Dated:______________ Brief complaint

_________________________________________________________________________

Accordingly I appeared to defend the interest of Institution. Following legal issues were discussed.

_________________________________________________________________________

In re. I offered my arguments as under (Brief of arguments)

_________________________________________________________________________

The matter was

_________________________________________________________________________

The report is submitted for kind perusal and record.

Counter Signature Signature of reporting Officer

Zonal/ Regional Head Name & Designation of reporting Officer

STATEMENT SHOWING THE POSITION OF LITIGATION BEFORE WAFAQI MUHTASIB(OMBUDSMAN)’S SECRETARIAT,

Sr. No	Complaint No &Date	Complainant Name and Fathers name	Issue involved	Last date of Hearing	Next date of Hearing	Order/Finding					Remarks (if any)
Sr. No	Complaint No &Date	Complainant Name and Fathers name	Issue involved	Last date of Hearing	Next date of Hearing	Order/ Findings	Date of Receipt	Date of Appeal	Date of Complia-nce	If action pending, reasons	Remarks (if any)
1	2	3	4	5	6	7	8	9	10	11	12

	*chairman@eobi.gov.pk , ddlaw@eobi.gov.pk*
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