PESHAWAR: The Pakistan Tehreek-e-Insaf (PTI)-led provincial government introduced the Ehtesab Commission Bill 2013 and the Khyber Pakhtunkhwa Local Government Bill 2013 in the recently concluded session of the provincial assembly to ensure good governance and create an effective institutional structure for the eradication of corruption.
Both the bills were referred to the select committees of the House comprising parliamentary leaders of all the political parties to discuss and include amendments suggested by their members.
Under the legislation, after the commencement of Act, the government would establish a five-member commission to be known as the Khyber Pakhtun-khwa Ehtesab Commission. The commission comprising commissioners would be nominated by the Search and Scrutiny Committee and confirmed by the Legislative Committee on Governance and Accountability in accordance with the provisions of the Act.
The commissioners would hold office for non-extendable one term of four years. A commissioner would cease to hold office if convicted of an offence involving moral turpitude or has been adjudged insolvent or declared mentally unfit and remains absent from five consecutive meetings of the commission without leave or is a defaulter.
A commissioner would not, at the time of appointment, hold any other office in the Service of Pakistan or be the office-bearer of a political party unless he resigns such office at the time of his appointment or occupy any other position carrying the right to remuneration for rendering services.
A person, who has held office as commissioner would not hold any office in the Service of Pakistan before the expiry of two years after he ceases to hold that office.Within one month, after the enforcement of this Act, the Khyber Pakhtunkhwa Assembly speaker in consultation with treasury and opposition members would constitute a legislative committee on governance and accountability.
The legislative committee, to be chaired by the speaker, would consist of 10 members of the provincial assembly nominated on the basis of equal representation from both treasury and opposition benches.
The legislative committee would have powers to confirm nominees for the search and scrutiny committee. The first search and scrutiny committee constituted under Section 7 would administer the process of the constitution and appointment of subsequent search and scrutiny committee and commissioners, respectively.
The members of the committee would elect one among them as chair and all would serve in an honorary capacity. The commission would have the powers to appoint the director general, prosecutor general and director internal monitoring and public complaints wing for the smooth functioning of the commission.
Within 30 days of the commencement of the Act, government would take necessary steps to establish Ehtesab Courts as may be necessary to ensure expeditious trial of offences under this Act with territorial areas as specified by the Peshawar High Court and dispensation of justice within prescribed time as specified by the National Judicial Policy.
The bill under schedule has identified offences and punishments to be awarded by the court. According to the bill any person, who refuses to answer questions, or to provide information to any commissioners or any other agency when required to so do so will face rigorous imprisonment for a term, which may extend to five years.
In case of giving false information or fabricating false evidence during inquiry into or investigation or any agency authorised by the commission in this regard will be liable to rigorous imprisonment for a term, which may extend to five years and 10 years.
The misuse of authority or power in committing any offence specified above, by a public office-holder including any offence under Section 161 to 165A of the Penal Code will face rigorous imprisonment for a term which may extend to 14 years.
