Chief Executive Order 1, Ad Hoc Public Accounts Committee (Composition and Functions) Order 2001

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AD HOC PUBLIC ACCOUNTS COMMITTEE (COMPOSITION AND FUNCTIONS) ORDER, 2001

CHIEF EXECUTIVE ORDER 1 OF 2001

An Order to provide for the constitution of an Ad hoc Public Accounts Committee

[Gazette of Pakistan, Extraordinary, Part I,

[26th February, 2001]

No.2-4/2001-Min, dated 26-2-2001.---Whereas it is expedient to provide for the constitution of an Ad hoc Public Accounts Committee for examining the appropriation and other accounts of the Government of Pakistan and the reports of the Auditor-General thereon and for dealing with the unfinished business of the defunct Standing Committee on Public Accounts of the suspended National Assembly;

And whereas the National Assembly has been suspended and in consequence whereof its Public Accounts Committee has become defunct and it is imperative to constitute an Ad hoc Public Accounts Committee to ensure transparency and to accelerate the process of accountability;

Now, therefore; in pursuance of the Proclamation of the fourteenth day of October, 1999 and the Provisional Constitution Order No. l of 1999, and in exercise of all powers enabling him in that behalf, the Chief Executive of the Islamic Republic of Pakistan is pleased to make the following Order:--

1. Short title and commencement.--(1) This Order may be called the Ad hoc Public Accounts Committee (Composition and Functions) Order, 2001.

(2) It shall come into force at once and shall be deemed to have taken effect from the fifteenth day of August, 2000.

2. Interpretation--In this Order, unless there is anything repugnant in the subject or context,--

(a) "Auditor-General" means the Auditor-General of Pakistan;

(b). "Commission" means the Ad hoc Public Accounts Committee constituted or deemed to have been constituted under this Order;

(c) "Chairman" means the Chairman of the Committee;

(d) "Constitution" means the Constitution of the Islamic Republic of Pakistan, 1973 which is in abeyance by virtue of the Proclamation of Emergency of the twelfth day of October, 1999;

(e) "defunct committee" means the Standing Committee on Public Accounts of the National Assembly of Pakistan suspended on the twelfth day of October, 1999;

(t) "member" means a member of the Committee;

(g) "President" means the President of the Islamic Republic of Pakistan.

3. The Committee.--(1) Subject to clause (2) there shall be an Ad hoc Public Accounts Committee consisting of not less than twelve members possessing such qualifications as the Chief Executive may determine.

(2) The members of the Committee shall be appointed by, the Chief Executive, on such terms and conditions as he may determine, who may nominate one of the members to be the Chairman of the Committee.

(3) Until new Committee is constituted the Ad hoc Public Accounts Committee constituted vide Notification NO.SR0.570/(I)/2000 dated the 15th August, 2000, shall be deemed to be constituted under this Order.

4. Terms of office.--(1) A member shall hold office during the pleasure of the Chief Executive.

(2) The Chairman or a member may, by writing under his hand addressed to the Chief Executive, resign his office.

5. Procedure.--(1) Except as otherwise provided, the Committee shall regulate its own procedure.

(2) The quorum to constitute a sitting of the Committee shall be four including the Chairman.

(3) All questions at a sitting of the Committee shall be determined by majority of the members present and voting.

(4) In addition to his vote as a member,, the Chairman shall, in',7r" event of equality of votes, have a casting vote.

(5) The Committee may appoint one or more sub-committees to examine any matter that may be referred to them and the sub-committee shall report the matter with its recommendation to the Committee.

6. Functions.--(1) The Committee shall examine the accounts showing the appropriation of sums granted for the expenditure of the Government, the annual finance accounts of the Government, the report of the Auditor -General and such other matters as the Chief Executive may refer to it.

(2) The Committee shall make arrangements for clearance of back log of audit reports passed on to it as unfinished business approval to the Chief Executive within one year or within such extended period as the Chief Executive, mi the request of the Chairman, may determine.

(3) In scrutinising the appropriation and other accounts of the Government and the reports of the Auditor-General thereon it shall be the duty of the Committee to satisfy itself--

(a) that the moneys shown in the accounts as having been disbursed were legally available for, and applicable to the service or purpose to which they have been applied or charged;

(b) that the expenditure conforms to the authority which governs it; and

(c) that every re-appropriation has been made in accordance with the provisions made in this behalf under rules framed by the Ministry of Finance.

(4) It shall also be the duty of the Committee--

(a) to examine the statement of accounts showing the income and expenditure of state corporations, trading and manufacturing schemes, concerns - and projects together with the balance sheets and statements of profit and loss accounts which the President may have required to be prepared or are prepared under the provisions of the statutory rules regulating the financing of a particular corporation trading or manufacturing scheme or concern or project and the report of the Auditor-General thereon;

(b) to examine the statement of accounts showing the income -and expenditure of autonomous and semi-autonomous bodies, the audit of which may be conducted by the Auditor-General either under the directions of the President or under an Act of Majlis-e-Shoora (Parliament);

(c) to consider the report of the Auditor-General in cases where the President may have required him to conduct the audit or any receipts or examine the accounts of stores and stocks.

(5) if any money has been spent on any service during a financial year in excess of the authorised grants or appropriation, the committee shall examine with reference to the facts of each case the circumstances leading to such an excess and make such recommendation as it may deem tit.

7. Report of the Auditor-General, etc.--Notwithstanding anything contained in the Constitution the Auditor-General shall submit his reports relating to the Accounts of the Federation to the President who shall cause such reports to be referred to the Chief Executive and the Chief Executive shall refer the reports to the Committee for consideration.

8.Recommendations.--The Committee shall examine the reports and submit its recommendations for final approval by the Chief Executive. National Assembly Secretariat shall oversee the, implementation of the recommendations approved by the Chief Executive.

9. Secretariat.--The National Assembly Secretariat shall function as the Secretariat of the Committee.

10. Repeal.--(1) The Notification NO.SR0.570(1)/2000, dated the 15th August, 2000, is hereby repealed.

(2) Notwithstanding the repeal of the Notification referred to in clause (1) all actions taken, proceeding initiated, orders made by the Ad hoc Public Accounts Committee constituted thereunder shall be deemed to have been validly taken, initiated, issued or made under this Order and shall be deemed to have had effect accordingly.

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