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Friday April 19, 2024

KPEC, Ehtesab courts to stand dissolved after passage of KP Ehtesab repeal act

By Akhtar Amin
December 19, 2018

PESHAWAR: After the passage of the Khyber Pakhtunkhwa Ehtesab Commission (Repeal) Act, 2018 from the Khyber Pakhtunkhwa Assembly, the Khyber Pakhtunkhwa Ehtesab Commission (KPEC) and Ehtesab courts would stand dissolved. The services of all the contractual employees of the Ehtesab Commission would also be terminated.

The Khyber Pakhtunkhwa government on Monday tabled a bill in the Khyber Pakhtunkhwa Assembly to repeal the Khyber Pakhtunkhwa Ehtesab Commission Act, 2014 for the dissolution of the Ehtesab Commission.

Under the Khyber Pakhtunkhwa Ehtesab Commission (Repeal) Bill, 2018, it is stated that, "The Khyber Pakhtunkhwa Ehtesab Commission Act, 214, is hereby repealed and as a corollary thereof, the Ehtesab Commission established thereunder, shall stand dissolved. After commencement of the Act, the services of contractual employees of the Ehtesab Commission shall stand terminated.

However, the regular employees of the KP Ehtesab Commission and Ehtesab Courts shall be given an option either to continue their services as surplus employees or accept the golden handshake offered by the government as per its policy.

"On coming into force of this Act, all assets, liabilities, bank accounts, properties, obligations, claims, proceedings before judicial forums, along with all necessary record of the Ehtesab Commission, shall be deemed to be assets, liabilities, bank accounts, properties, debts, obligations, claims, proceedings of the government," stated the bill tabled in the assembly for its passage.

About transfer of inquiries, investigation and references, it was stated in the bill that on the commencement of this act all complaints received by the KP Ehtesab Commission, on which the inquiries and investigations have not been initiated under the repealed Act, shall stand transferred to the Anti-Corruption Establishment and shall be further inquired and investigated under the Prevention of Corruption Act, 1997 (II of 1947) and the West Pakistan Anti-Corruption Establishment Ordinance No. XX of 1961).

Similarly, all the pending inquiries and investigations, initiated by the Directorate General of the Ehtesab Commission, shall stand transferred to the Anti-Corruption Establishment and shall be further inquired and investigated under the Prevention of Corruption Act, 1997 (II of 1947) and the West Pakistan Anti-Corruption Establishment Ordinance No. XX of 1961).

"All references pending adjudicated before Ehtesab Courts shall stand transferred to Anti-Corruption Courts for further examination in accordance with the provisions of the repeal act and all appeals and revisions except those of the employees of Ehtesab Commission, pending before the High Court shall be examined in accordance with the provisions of the repeal act," the bill stated.

The Khyber Pakhtunkhwa Assembly, senior additional secretary, Kifayatullah said the chief minister KP tabled the bill and it would be passed within four days. In the bill, it was stated that no court shall have jurisdiction to entertain any proceedings, grant any injunction or make any order in relation to anything done in good faith or purported to have been done or intended to be done under this act.