Serving faithfully: Conflict of interest bill aims to keep personal dividends at bay
If passed, a provincial commission will be set up to scrutinise assets of office-holders.
The K-P Prevention of Conflict of Interest Bill 2014 was tabled in the house during the session on Friday and envisions setting up a provincial commission for the cause. PHOTO: FILE
PESHAWAR:
The Khyber-Pakhtunkhwa (K-P) government has introduced a law on the prevention of conflict between private interests and public duties of office-holders in the province.
The K-P Prevention of Conflict of Interest Bill 2014 was tabled in the house during the session on Friday and envisions setting up a provincial commission for the cause. The draft of the bill defines conflict of interest as when a public office holder (POH) utilises an official power, duty or function, or non-public information in a manner that provides an opportunity to further his private interests or those of his relatives and friends.
The law bars POHs from using their position to influence a decision to be made by another person and prevents provincial ministers from debating or voting on a question that would place them in a conflict of interest. The bill disallows preferential treatment, using insider information and lobbying for personal interest, while asking officials to not be swayed by offers of outside employments, gifts, or contracting with other parties.
It prohibits POHs from engaging in employment, directly or indirectly, managing or operating a business or commercial activity, serving in a corporation or organisation, holding office in a union or professional association, serving as a paid consultant or be in a partnership. Furthermore, section 21 of the bill states that compliance with this act shall be deemed to have been included in the POHs’ terms and conditions of employment, even if prior to this act.
The proposed commission to be set up under the bill is to receive an annual asset and interest report from each POH, with the first report to be submitted within 60 days of appointment or coming into force of this act.
The declarations of every office-holder must be thoroughly reviewed by the commission. To avoid conflict of interest, an office-holder will divest each of his controlled assets within 120 days after appointment – either by selling it in an ‘arm’s length transaction’ or placing it in control of an official receiver appointed by the commission.
The commission shall consist of a chairman to be appointed by the government who should be at a rank where he is eligible to become a Peshawar High Court judge. Another member must be a retired civil servant of BPS-20 or above from Pakistan Audit and Accounts Service or Inland Revenue Service, while one other member should have expertise in financial management. The chairman and members will assume office for a period of three years, but will not be eligible for reappointment.
The commission shall also be given the power of suo motu, to be put in use if it has reason to believe that a POH or former POH has contravened this act.
The punitive declarations state that every office holder who contravenes any provision or violates any obligation shall be liable to a public declaration of being in a conflict of interest.
Such declarations from the commission will serve as conclusive proof of the contravention of the act which shall be communicated to the relevant authority for initiation of necessary disciplinary or penal action, or both.
Published in The Express Tribune, June 8th, 2014.
The Khyber-Pakhtunkhwa (K-P) government has introduced a law on the prevention of conflict between private interests and public duties of office-holders in the province.
The K-P Prevention of Conflict of Interest Bill 2014 was tabled in the house during the session on Friday and envisions setting up a provincial commission for the cause. The draft of the bill defines conflict of interest as when a public office holder (POH) utilises an official power, duty or function, or non-public information in a manner that provides an opportunity to further his private interests or those of his relatives and friends.
The law bars POHs from using their position to influence a decision to be made by another person and prevents provincial ministers from debating or voting on a question that would place them in a conflict of interest. The bill disallows preferential treatment, using insider information and lobbying for personal interest, while asking officials to not be swayed by offers of outside employments, gifts, or contracting with other parties.
It prohibits POHs from engaging in employment, directly or indirectly, managing or operating a business or commercial activity, serving in a corporation or organisation, holding office in a union or professional association, serving as a paid consultant or be in a partnership. Furthermore, section 21 of the bill states that compliance with this act shall be deemed to have been included in the POHs’ terms and conditions of employment, even if prior to this act.
The proposed commission to be set up under the bill is to receive an annual asset and interest report from each POH, with the first report to be submitted within 60 days of appointment or coming into force of this act.
The declarations of every office-holder must be thoroughly reviewed by the commission. To avoid conflict of interest, an office-holder will divest each of his controlled assets within 120 days after appointment – either by selling it in an ‘arm’s length transaction’ or placing it in control of an official receiver appointed by the commission.
The commission shall consist of a chairman to be appointed by the government who should be at a rank where he is eligible to become a Peshawar High Court judge. Another member must be a retired civil servant of BPS-20 or above from Pakistan Audit and Accounts Service or Inland Revenue Service, while one other member should have expertise in financial management. The chairman and members will assume office for a period of three years, but will not be eligible for reappointment.
The commission shall also be given the power of suo motu, to be put in use if it has reason to believe that a POH or former POH has contravened this act.
The punitive declarations state that every office holder who contravenes any provision or violates any obligation shall be liable to a public declaration of being in a conflict of interest.
Such declarations from the commission will serve as conclusive proof of the contravention of the act which shall be communicated to the relevant authority for initiation of necessary disciplinary or penal action, or both.
Published in The Express Tribune, June 8th, 2014.