Govt seeks power to extend NAB chairman tenure

Draft law proposes sparing public office holders from action for steps taken in ‘good faith’

ISLAMABAD/MULTAN:

The government has proposed doing away with a clause in the law governing the National Accountability Bureau (NAB) that would allow it to extend the tenure of the anti-graft body’s chairman.

The National Accountability Ordinance amendment bill also seeks sparing public office holders from NAB action for any step taken in “good faith”.

The draft law on NAB and eight bills aimed at removing the country from the Financial Action Task Force’s (FATF) grey list have been shared with the opposition.

A 24-member committee, headed by Foreign Minister Shah Mahmood Qureshi and comprising members from the ruling PTI and its allies and opposition parties including PML-N, PPP and JUI-F will meet on Monday (tomorrow) to reach an understanding on the proposed laws.

The National Accountability Ordinance amendment bill proposes omitting the word “non-extendable” from clause (i) of sub-section (b) of Section 6 that pertains to the tenure of the NAB chairman that is currently four years.

It has also been suggested that an extension in the tenures of the NAB deputy chairman and the prosecutor general of accountability, who are appointed for three years, be allowed by removing the word “non-extendable” from Sections 7 and 8.

The provisions will not apply to "matters pertaining to federal or provincial taxation, levies or imposts". Inquiries and investigations into taxation, levies and imposts will fall within the purview of the relevant institutions which administer the laws pertaining to these matters. Trials will be transferred from accountability courts to criminal courts which deal with such offences.

The new law will not apply to any person who is not directly or indirectly connected with a public office holder -- except for offences under clauses (ix), (x) and (xi) of sub-section (a) of Section 9.

Clause (ix) pertains to cheating and dishonestly inducing members of the public at large to deliver any property including money or valuable security to any person. Clause (x) is the offence of criminal breach of trust with regard to any property including money or valuable security entrusted by members of the public at large. Clause xi relates to a banker, merchant, factor, broker, attorney or agent, committing criminal breach of trust in respect of property entrusted to them or over which they have has dominion.

No person will be subjected to any action for procedural lapses in any government project or scheme “unless it is shown that the holder of public office, his dependents or benamidars have benefitted by gaining any material benefit, and there is evidence to corroborate the acquiring of such benefit”.

The same will apply to matters related to the rendition of advice, opinion or a report.

It has been proposed that in cases concerning a public office holder having assets beyond known sources of income, the valuation of immovable properties would be carried out under the rate prescribed by the district collector or the Federal Board of Revenue.

In Section 9, a new clause (xiii) has been inserted that reads, “An act done in good faith and in discharge of duties and performance of official functions shall not, unless there is corroborative evidence of accumulation of any material benefit from that act, constitute an offence under this clause”.

The bill also expands the definition of what constitutes “misuse of public authority” in clause (vi) of Section 9. Nothing would be construed as misuse of authority unless there was corroborative evidence of any material benefit drawn by the public office holder, their dependents or benamidars relating to the transaction.

A new sub-section (e) will be included in Section 16, which pertains to trials held under the ordinance and the disposal of cases under 30 days: “The court shall provide to the accused copies of the reference along with all the documents attached to the reference. The accused shall within 14 days of the receipt of the documents identify to the court the documents which the accused admits, which shall not require any proof,” it reads.

Addressing a news conference in Multan, Foreign Minister Qureshi said the PML-N and the PPP had reservations over the NAB law and both parties were unable to amend it during their tenure.

"The PTI government wants to move forward while addressing the opposition's genuine complaints," he said.

“The bill will be discussed with the opposition. We all have to make joint efforts for the elimination of corruption.”

Speaking on the FATF-related bills, the minister said the government was taking some more administrative and legislative steps which would surely help in removing the country from the global financial watchdog’s grey list.

“India is trying to push Pakistan into the FATF’s blacklist. In case that happens, the effects on the economy would be disastrous,” he added.

“We are taking the opposition into confidence [on the FATF-related bills] as it is a matter of national interest".

Pakistan will present its report on the steps taken to meet the FATF requirements in the upcoming meeting of the watchdog’s Asia Pacific Group in January.

Qureshi further said the UN General Assembly president-elect would visit Pakistan and briefed on the grave situation in Indian-Occupied Jammu and Kashmir.

(With input from APP)