[1]THE PUNJAB ADHOC PUBLIC ACCOUNTS COMMITTEE
(COMPOSITION AND FUNCTIONS) ORDINANCE, 2002
( XLV of
2002)
[21st August, 2002]
An
Ordinance
to
provide for the constitution of an Adhoc Public Accounts Committee
Whereas it is expedient to provide for
the constitution of an Adhoc Public Accounts Committee for examining the
appropriation and other accounts of the Government of the Punjab, the reports
of the Auditor General of Pakistan thereon, and for dealing with the unfinished
business of the defunct Standing Committee on Public Accounts of the dissolved
Provincial Assembly of the Punjab;
And whereas the Provincial Assembly of
the Punjab is dissolved and the Governor is satisfied that circumstances exist
which render it necessary to take immediate action;
And whereas under Article 4 of the
Provisional Constitution (Amendment) Order No.9 of 1999, as amended by the
Chief Executive Order No.11 of 2000, the Governor of a Province may issue and
promulgate an Ordinance;
Now, therefore, in exercise of the
aforesaid powers and all other powers enabling him in that behalf, the Governor
of the Punjab is pleased to make and promulgate the following Ordinance:-
1.
Short title
and commencement.– (1) This Ordinance may be called the Punjab Adhoc Public
Accounts Committee (Composition and Functions) Ordinance, 2002.
(2)
It shall come into force at once and shall be deemed to
have taken effect from the twentieth day of October, 2000.
2.
Definitions.–
In this Ordinance, unless there is anything repugnant in the subject or
context–
(a)
“Auditor General” means the Auditor General of
Pakistan;
(b)
“Chairman” means the Chairman of the Committee;
(c)
“Committee” means the Punjab Adhoc Public Accounts
Committee constituted under this Ordinance;
(d)
“defunct committee” means the Standing Committee on
Public Accounts of the
Provincial Assembly of the Punjab
having since been dissolved;
(e)
“Government” means the Government of the Punjab; (f) “Governor” means the Governor of the
Punjab; and (g) “member” means a
member of the Committee.
3.
The
Committee.– (1) Subject to sub-section (2), there shall be an Adhoc Public
Accounts Committee consisting of not more than eleven members including two
female members. All the members shall possess such qualifications as the
Governor may determine.
(2)
The members of the Committee shall be appointed by the
Governor on such terms and conditions as he may determine. One of the members
shall be nominated by the Governor to be the Chairman of the Committee.
4.
Terms of
Office.– (1) A member shall hold office during the pleasure of the Governor.
(2)
The Chairman or a member may, by writing under his hand
addressed to the
Governor, 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 or the member for the time being presiding the
meeting.
(3)
All questions at a sitting of the Committee shall be
determined by majority of the members present and voting. In the event of
equality of votes, the Chairman shall have a casting vote.
(4)
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 recommendations to the Committee.
6.
Functions.–
(1) The Committee shall examine the accounts showing the appropriation of sums
granted for the expenditure of Government, the Annual Finance Accounts of
Government, the reports of the Auditor General, and such other matters as the
Governor may refer to it.
(2)
In scrutinising the appropriation and other accounts of
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 the rules framed by Government.
(3)
It shall be the duty of the Committee–
(a)
to examine the statement of accounts showing the income
and expenditure of corporations, trading and manufacturing schemes, concerns
and projects under Government or in the public sector, together with the
balance sheets and statements of profit and loss accounts which the Governor
may have required to be prepared or are prepared under the provisions of the
law or rules regulating the financing of a particular corporation, trading or
manufacturing schemes 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 on the request of the Governor
or under a statute; and
(c)
to consider the report of the Auditor General in cases
where the Governor may have asked him to conduct the audit of any receipts or
to examine the account of stores and stocks.
(4)
If any money has been spent on any service during a
financial year in excess of the authorized grant or appropriation for that
purpose, the Committee shall examine with reference to the facts of each case
the circumstances leading to such an excess and made such recommendations as it
may deem fit.
7.
Reports of
the Auditor General.– The Auditor General shall submit his reports relating
to the accounts of the Province to the Governor who shall refer the report to
the Committee for consideration.
8.
Recommendations.–
The Committee shall examine the reports and submit its recommendations for final
approval by the Governor. The Secretariat of the Provincial Assembly of Punjab
shall oversee implementation of the recommendations approved by the Governor.
9.
Secretariat.–
The Secretariat of the Provincial Assembly of the Punjab shall function as the
Secretariat of the Committee.
10.
Overriding
effect.– This Ordinance shall have effect notwithstanding anything
contained in any other law for the time being in force.
[1]
[1]Promulgated by
the Governor of the Punjab on 21 August 2002; and published in the Punjab
Gazette (Extraordinary), dated 21 August 2002, pages 2603-06. Under Article 4
of the Provisional Constitution (Amendment) Order 1999 (9 of 1999), it will
remain in force notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of the Islamic Republic of Pakistan.
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