The federal cabinet has rejected 27-member board for the Trade Development Authority of Pakistan (TDAP), saying that it was too crowded and may in reality retard rather than accelerate the mechanism of trade maximisation, the sources in the Commerce Ministry told Business Recorder on Tuesday.
"The Cabinet has directed the authorities concerned to slash the strength of board members to a reasonable level", they added. Sources said the status of the state minister for the chief executive was also one of the thorny issues and the Establishment Division proposed that some changes in this regard were necessary.
"A legal anomaly would arise if the chief executive was assigned the status of the state minister, but he has the option of salary and perks at variance with the prescribed limits receivables by the state minister," the sources quoted a portion of discussion in the cabinet. The TDAP, which would be approved by the Parliament, would operate under the administrative control of the commerce ministry, and it would have a chief executive, a chief operating officer with its head office at Karachi.
The chief executive would be the principal accounting officer (PAO) and would have the status of a state minister. The chief operating officer would be a BPS-21 or above officer to be appointed by the federal government to act as Board Secretary. The human resources of the Authority would comprise the Commerce and Trade Group officers, contract employees and government officers on deputation.
All posts of the Commerce and Trade Group, at present, in the Export Promotion Bureau (EPB) would stand transferred to and encadred in the Authority.
The Authority would be competent to take disciplinary action against any such employee. The commerce ministry would, however, continue to be the administrative ministry for the Commerce and Trade Group.
The federal government would establish a board which would be the supreme decision-making body, and have the power to supervise, control, direct, and regulate the affairs of the Authority. There would be a non-lapsable fund to be administered and controlled by the Authority. It would prepare its annual budget and submit it to the federal government.
The Authority would maintain its accounts in such form as the federal government may, after consultation with the Controller General of Accounts, direct. The Auditor General of Pakistan would have the power to audit the accounts of the Authority.
The Authority may, with the approval of the federal government, obtain finance or borrow money from sources within Pakistan or abroad. The employees shall be deemed to be public servants within the meaning of section 21 of Pakistan Penal Code (Act XLV of 1860.
The federal government may issue directives to the Authority on matters of policy, and such directive shall be binding on the Authority, and if question arises as to whether any matter is a matter of policy, the decision of the federal government shall be final. The EPB would be dissolved and its assets shall stand transferred to the Authority. Sources also said the Cabinet incorporated changes in several sections of the TDAP Draft Act, which are as follows:
SECTION 8: A provision needs to be made in sub-section (4) to the effect that matters relating to postings and transfers of officers belonging to Commerce and Trade Group in the Authority shall be made with the Authority.
A new sub-section needs to be added to provide that postings of all government servants in B-17 and above in or out of the Authority shall be made after consultation with the chief executive, who will have the right to recommend surrender officers back to the government.
SECTION 12: The federal government should have the power to appoint and remove any member of the board. The chief executive of the Authority shall also be the vice-chairman/member of the board.
The words "from the private sector" appearing in clause (r) of sub-section (1) would be deleted. The words " a ex-officio member" appearing in sub-section (5) need to be substituted by the words "a non-official ex-officio member."
SUB-SECTION (6) SHOULD BE RE-PHRASED AS UNDER:
"If an official ex-officio member is absent from Pakistan or is unable to attend a meeting of the board, he may authorise an officer not below the rank of additional secretary or equivalent to attend the meeting and take decision on behalf of the member. A non-official ex-officio member may authorise his vice chairman or equivalent for the purpose in a similar situation."
SECTION 20: The board should also have the authority to delegate any of its power to the chief executive of the Authority. Sub-section (3) would be suitably amended.
SECTION 21: The words "with Board's approval" appearing in sub-section (3) has been deleted.
The TDAP has also been directed that the provision to allow the Authority to exceed budgeted expenditure by 10 percent be brought in line with standard financial regulations. Sub-section (4) would be revised accordingly.
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