The PTI led provincial government of Khyber-Pakhtunkhwa will establish an autonomous and independent anti-graft commission and accountability courts under Ehtesab Commission Bill 2013 presented and referred to a select committee of the Provincial Assembly.
The Bill is part of the reformative agenda of the PTI for establishment of good governance to create an effective institutional structure for the prevention of corruption and corrupt practices and to hold accountable all public office holders accused of such practices.
Under the legislation, after the commencement of Act, the government would establish a five-member commission to be known as the KP 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 this Act.
The commissioners would hold office for one non-extendable term of four years from the day he enters his office and would not be eligible for reappointment for a second term. No act or proceedings of the commission would be invalid by reason of absence of a commissioner or existence of any vacancy among its members or defect in the constitution.
A commissioner would cease to hold office if he has been convicted of an offence involving moral turpitude; has been adjudged insolvent; declared mentally unfit and remains absent from five consecutive meetings of the Commission without leave of the Commission; or is a defaulter of government dues, utility expenses or a bank. 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 of services.
A person, who has held office as commissioner, would not hold any office in the service of Pakistan before the expiration of two years after he has ceased to hold that office. Within one month, after the commencement of this Act, the Speaker of the Provincial Assembly in consultation with treasury and opposition would constitute a Legislative Committee on governance and accountability. The legislative committee would consist of 10 members of the Provincial Assembly, nominated on the basis of equal representation of both treasury and opposition benches.
The Legislative Committee would be chaired by the Speaker of the Provincial Assembly, which Secretary of Provincial Assembly would act as the Secretary of the panel. The Legislative Committee would have powers to confirm nominees for the Search and Scrutiny Committee; nominees for the office of commissioners of the Commission, reject nominee, commissioners or members of the Search and Scrutiny Committee by three-forth majority vote and review the report presented to it by the Commission.
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 search and scrutiny committee would fill vacant positions on both search and scrutiny committee and commissioners according to the criteria prescribed under this Act.
The members of the search and scrutiny committee would elect one amongst them as chair, which would discharge administrative responsibilities in relation to functioning of the Search and Scrutiny Committee in consultation with the members, and in case of any disagreement decisions will be reached by majority vote. The members of the committee will serve for one non-extendable term of four years on an honourary basis and would not be remunerated for their work: Provided that all expenses related to functioning of the Search and Scrutiny Committee would be borne the Commission, and the Commission would also provide secretariat staff to the Search and Scrutiny Committee to assist its functioning.
A member of the Search and Scrutiny Committee would not be removed unless by three-fourth majority of members of the Legislative Committee on the ground of misconduct or for physical or mental incapability upon such declaration being made by a Medical Board. However, he can resign under his hand writing addressed to Governor of Khyber-Pakhtunkhwa.
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 and effective discharge of the statutory obligations of the same; approved organisational structure and position to be filled in by employees, approval annual budget, approved regulation required to be made under this Act, issue policy guidelines, oversee the overall performance of the commission, its officers and employees: Provided that the Commissioners would not engage directly or indirectly with an accused or other party involved with a complaint or case under investigation or prosecution or otherwise being considered by the Director General, enquired into any allegation of corruptions and corrupt practices within the Commission, as it may consider necessary for the efficient implementation of the Act.
The Commission may meet, once in a month, as often as necessary, for the effective performance of its functions. For any meeting of the Commission, two- third of the commissioners would constitute a quorum. A Public Office Holder, Officers and employees of the Commission, or any other person would be deemed to have committed an offence of corruption and corrupt practices, if he accepts or obtains any person or offers any gratification directly or indirectly, other than legal remuneration, as a motive or reward such as it is specified in section 161 of the Penal Code for doing or forbearing to do any official act, or for showing or forbearing to show, in exercise of his official functions, favours or disfavours to any person, or for rendering or attempting to render any service or disservice to any person, or accept or obtain any valuable thing without consideration, or for a consideration which knows to be inadequate, from any person whom he knows to have been, or likely to be, concerned in any proceedings or business transacted or about to be transacted by him, or having any connection with his official functions or from any person whom he knows to be interested in or related to the person so concerned.
Within thirty (30) days of the commencement of this Act, Government would take necessary steps to establish many Ehtesab Courts as may be necessary to ensure expeditious tribal 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 from time to time and in relation to each offence committed in an area of the province would be tried by the court exercising territorial jurisdiction in relation to such area
The Bill under schedule identifies offences and punishments to be awarded by the court in this regard. 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 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. Similarly, 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.
