ISLAMABAD: The Auditor General of Pakistan (AGP) has identified at least 64 government entities, including the Pakistan Telecommunication Company Ltd (PTCL), the Oil and Gas Regulatory Authority (OGRA), the Intelligence Bureau, and the Defence Housing Schemes, that have refused it access. to their accounts for audit purpose.
The PTCL however, is of the view that Telecom Re-organization Act, 1996, debars the AGP to conduct audit of the PTCL. The external auditors conduct the audit of the company in conformity with requirements of the Companies Ordinance. There is presentation of federal government secretary level officers as members on the PTCL board of directors, apart from the government has no control or involvement in decision making of the PTCL being a privatised company and the 18th amendment in constitution does not supersede the Telecom Act 1996.
Whereas, the AGP issued a speaking order on August 15, 2018. The speaking order was challenged by PTCL in Sindh High Court. In the case of Oil and Gas Regulatory Authority (OGRA), the regulator took up the matter with the Ministry of Law and Justice for a legal opinion on the instant issue.
The Ministry of Law and Justice offered its legal advice ex-parte in favour of Ogra, stating that the AGP can conduct audit of accounts of Ogra. They also opined that the determination of nature and extent by the AGP also restricts to the audit of accounts only.
The AGP's office agitated the matter with the Ministry of Law and requested for reconsideration on the matter, giving AGP's stance. The matter was also communicated to the Public Accounts Committee (PAC). The director IB Islamabad forwarded exemption certificate issued by the federal cabinet on May 14, 2019, and requested the AGP to take necessary action in terms of proviso to section-17 of the AGP Ordinance 2001.
The matter was submitted to the AGP for information and orders on May 17, 2019. The document further reveals that Articles 169 and 170 of the Constitution, as interpreted by various supreme court judgments/orders, do not leave any authority established by federation/ provinces with or without government funding, and hence, DHA Karachi should submit accounts to the AGP's for statutory audit.
In another case of the DHA, the AGP office was informed that in pursuance of Supreme Court judgement on February 7, 2018, and directives of the AGP received on December 11, 2018, all DHAs were issued a final notice for personal hearing. All the DHA's except the DHA Gujranwala appeared before audit officials on January 10, 2019. In its last meeting of the PAC, it was decided that all the federal government departments are subject to audit carried by the AGP and the matter would also be taken to the National Assembly for further discussion.
Copyright Business Recorder, 2020