New body to be set up to examine legislators, bureaucrats’ assets

ISLAMABAD: A commission will be set up under the just passed Punjab Prevention of Conflict of Interest Bill having powers to annually review the information provided by all the elected representatives and top bureaucrats contained in their assets and interests and measures taken to satisfy their obligations under this law.

All these figures have been categorised by the law as the public office holders. They include the Punjab governor, chief minister, speaker, deputy speaker, provincial ministers, and advisers, special assistants, political secretary and consultants of the chief minister, advocate general, additional and assistant advocates general, and chief secretary, additional chief secretary, an administrative secretary, special secretary, and head of an authority, agency and commission.

According to Section 8, the commission shall review annually in relation to each public office holder the information contained in his assets and interests, reports and the measures taken to satisfy his obligations under this law.

Under Section 11 of the law, any citizen domiciled in Punjab who has reasonable grounds to believe that a public office holder has contravened it may, in writing, request the commission to examine the matter. He will record the substance of the alleged contravention and the grounds for his application.

It has been made obligatory for a public office holder to inform, in advance, the higher authority in writing with reason along with a copy to the commission and rescue himself from any discussion, decision, debate or vote on any matter in respect of which he would be in a conflict of interest.

The Punjab government will establish independent Prevention of Conflict of Interest and Ethics Commission, which will comprise a chairperson and two members to be appointed by it on the recommendation of a selection committee, which will be constituted by the Punjab government.

The committee will consist of two members, one from the treasury benches to be nominated by the speaker and one from the opposition to be named by the leader of the opposition to pick up and recommend a panel of three persons, each for the post of chairman and member of the commission. The treasury member will be designated as chairman of the committee, who will have a casting vote. The chairman and members will hold office for a term of three years or until they attain the age of 65 years, whichever is earlier.

They will not be eligible for reappointment. The government may remove them before the expiry of their term for misconduct or being incapable of properly performing the duties of their office by reason of physical or mental incapacity. A person who will be eligible to become a high court judge will be appointed as chairperson of the commission. One of its members will be a retired civil servant in grade-20 or above; while the other will be a person having expertise in financial management.

Under the law, the commission may order a public office holder, in respect of any matter, to take any compliance measure, including divestment or recusal that it deems necessary to comply with the law. A compliance measure may be for a specific period.

In addition to carrying out other duties and functions under the law, the commission will provide confidential advice to the chief minister with respect to the application of the law to individual public office holders; provide confidential advice to individual public office holders with respect to their obligations under the law and issue opinions regarding the requirements of the law and means to be adopted for its compliance.

However, the confidential advice and opinions will not be exempted from disclosure to the Punjab assembly.

A public office holder who contravenes or violates this law will be liable to be publicly declared to have committed a conflict of interest. Such a declaration by the commission will be communicated to relevant authority for initiation of necessary disciplinary or penal action or both.

In case of non-compliance of any obligatory declarations, or omission to file statement, document or report wherever required under the law or otherwise instructed by the commission, the public office holder concerned will also be liable to monetary penalty which may extend to Rs500,000. The imposition of penalty will not be conviction and would not entail disqualification of a public office holder.

Any contract made in violation of this law may be declared void and may be rescinded by the contracting governmental agency within five years of its signing and execution upon the recommendation of the commission. Its recommendation will be binding and will be given effect within 30 days of its receipt.

While enacting the law, it was stated that it is necessary to establish principles of conflict of interest for public office holders and the related post-employment matters; to prevent and minimise the possibility of conflicts arising between the private interests and public duties of public office holders; to provide for the resolution of those conflicts in the public interest should they arise; to establish an independent commission with the mandate to determine the measures necessary to avoid conflict of interest; to determine whether a contravention has occurred; to encourage experienced and competent persons to seek and accept public office; to facilitate interchange between the private and public sector; and, not to deny equal opportunities to relatives of public office holder, as the relatives cannot be barred from legal business activities, and, for matters connected with them.