ISLAMABAD: To expedite action against the corrupt tax officials, the Federal Board of Revenue (FBR) may refer genuine complaints of corruption against the tax officials to the competent forums including the National Accountability Bureau (NAB) in cases where there is substantial evidence of massive corruption.
The FBR has issued a notification here on Thursday to notify the Terms of Reference for Integrity Management Cell and Regional Integrity Committees (RICs) for investigating complaints of corruption against the tax officials.
According to the FBR, the FBR has also established a Probe Committee at the Board-level and RICs on national level to verify the authenticity of the complaints filed against the tax officials on the charges of corruption, bribery, and speed money.
The chairman FBR on the recommendations of in-charge, Integrity Management Cell may refer a case against an officer/official to any other competent forum for further action under any other relevant law for the purpose in case there exists substantial evidence of massive corruption against the officer/official.
The in-charge IMC, either on his own motion or on recommendation by a RIC and with the approval of chairman FBR, may initiate an inquiry against an official/officer, if sufficient and lawful evidences with regard to corruption are available.
Consequent to establishment of an "Integrity Management Cell (IMC)" at the FBR and constitution of "Regional Integrity Committees (RICs)" in the field formations under the FBR, the following Terms of Reference (TORs) are hereby framed for transparent, fair and judicious processing of complaints by the IMC and RICs.
Composition of IMC: The IMC, headed by a BS — 21/22 officer of IRS/Customs, shall be assisted by 02 Chiefs (one each from Customs & IRS), 02 Secretaries (one each from Customs & IRS) and as much supporting staff as is required and deemed necessary. All the Chairpersons of RICs shall report directly to In-Charge, IMC in all matters, falling within the domain of IMC.
Mode of lodging of complaints: A complaint against an employee of FBR may be submitted in person either directly to the IMC at FBR (HQs) or to any of the designated RIC through email or in writing, along with credentials of the complainant including his name, CNIC, cell number, mailing address and an affidavit in writing, certifying the genuineness/ correctness of the contents of his complaint and the facts given therein.
A "Probe Committee", comprising the following officers, shall initially examine and scrutinise the contents of each complaint, received at the FBR or by the IMC: Chief (IMC); Chief (Mgt) concerned; second secretary/secretary and any other representative from the field formation concerned (if required).
The Probe Committee, after satisfying itself as to the genuineness of a complaint, shall submit its recommendation to the in-charge, IMC.
In case the complaint is required to be further probed and inquired, the same shall be forwarded to the concerned RIC for report.
In case the complaint is not genuine or lacking in any necessary clarification, the same shall be communicated to the complainant in writing.
The Probe Committee shall hold its meetings on a weekly basis or as and when required, and shall maintain complete record of its proceedings.
At the field level, in case of complaints against BS 01 to 16 FBR employees, the RIC, after satisfying itself as to the genuineness of a complaint, shall proceed as per law and either order further probe or inquiry in the complaint or file the complaint- under intimation to the complainant in writing.
In case of complaints against BS 17 and above FBR employees, the RIC after its initial scrutiny, shall forward the complaint to the IMC along with its recommendations which shall be discussed in the "Probe Committee" of the IMC.
Further appropriate action in all such complaints shall be taken with the approval of in-charge, IMC and in the light of recommendations of the "Probe Committee".
The RICs shall hold its meetings on a weekly basis or as and when required, and shall maintain complete record of its proceedings.
The general principles for inquiry and probing complaints revealed that in order to save time and ensure prompt disposal of complaints, the scope of probe by the IMC and the RICs shall be strictly restricted/limited to the allegations leveled/facts provide, and substantiated in the complaint.
Moreover, no pseudonymous/anonymous complaint shall be entertained by the IMC or by the RIC in the light of instructions issued to this effect by the Government Pakistan.
The time limit for disposal of a complaint by the IMC and RICs shall be 30 days, which may be further extended by a period of 30 days by in-charge, IMC.
Proper opportunity of hearing shall be provided to all the accused to defend themselves against the charges, leveled against them in the complaint, so as to adhere to the basic principles of natural justice.
During the course of verification/initial probe, if the complainant produces or is willing to produce any documentary evidence to support his allegations against any officials/officer or to withdraw his complaint, the same shall be allowed after recording in writing, and the complaint may be closed by the IMC or RIC as the case may be.
The scope of inquiries, under taken by the IMC or the RICs shall strictly be limited to the ambit of E&D Rules, 1973, catering for disciplinary action against civil servants.
All proceedings of the IMC and the RICs will be confidential, and nothing will be divulged to any irrelevant person, the FBR added.
Copyright Business Recorder, 2020