ISLAMABAD: The Cabinet Division on Friday issued a notification to constitute a Commission of Inquiry (CoI), under Section-3 Pakistan Commission of Inquiry Act, 2017 as the federal cabinet had accorded approval to constitution of the commission.
The commission is headed by Hussain Asghar, a retired BS-22 officer and currently serving as National Accountability Bureau (NAB) deputy chairman, and also comprising members from NAB, FIA, IB, SBP, ISI, SECP, FBR, representative of Accountant General Pakistan Revenue, representative of Military Intelligence and special secretary from Finance Division as a secretary.
The commission shall be further empowered to coop/engage any person from the public and private sector, locally or abroad as a member, consultant or adviser for assistance of the commission.
The terms of reference of the commission of Inquiry shall be as following: Determination of significance of major infrastructure or public public sector development works conducted from the year 2008 and commensurate them with the increase in public debt from Rs6,690 billion to Rs30,846 billion till September 2018. It is also to inquire/investigate about the award or implementation of any contract/agreement or project and whether any debt was taken for a particular project/undertaking and the same was then spent/expended on the corresponding project/undertaking, or, otherwise.
Whether the terms and conditions of any public contract were tainted or benevolent or artificially inflated to facilitate any kick backs? If so, in whose favour? Whether any holders or public office or their spouses, children and any persons connected to them expended any public funds so as to meet personal or private expenditures, beyond what has been permitted under the law and rules? Furthermore, whether the cap prescribed under the Fiscal Responsibility and Debt Limitation Act, 2005 (hereafter: “the 2005 Act”) has been busted? If so, the reasons and justifications thereof.
Whether the amendments, if any, in the 2005 Act were in keeping with the spirit of Article 166 of the Constitution, or, otherwise. Forensic and special audits be conducted through any reputed international or local auditor or set of auditors in order to determine the real nature, scope, volume, and cost.
In trail of the investments or expenditures of the federal government (or any part thereof) from February 2008 to September 2018. It will also fix responsibility in respect of the above, and to refer any irregularity or illegality found for investigation and prosecution to relevant agency/department.
An appropriate budget shall be sanctioned, which the commission shall be entitled to utilize and spend it in its discretion so as to meet the expenditure of the commission. The commission shall give its final report within six months of its formation, with periodical interim reports on monthly basis. The time limit mentioned above may, however, be extended with the prior approval of the Prime Minister.
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