Audit Report on the Accounts of Assistant Director Local Government, Election & Rural Development Department and Selected Union Councils

Home , Agra (union council), Batkhela, Dargai, Kharkai, Malakand (union council), Totakan

AUDIT REPORT ON THE ACCOUNTS OF ASSISTANT DIRECTOR LOCAL GOVERNMENT, ELECTION & RURAL DEVELOPMENT DEPARTMENT AND SELECTED UNION COUNCILS

DISTRICT MALAKAND KHYBER PAKHTUNKHWA

AUDIT YEAR 2015-16

AUDITOR GENERAL OF PAKISTAN i

TABLE OF CONTENTS

1 ABBREVIATION AND ACRONYMS i

2 PREFACE ii

3 EXECUTIVE SUMMARY iii

4 SUMMARY TABLES AND CHARTS vii

Table 1: Audit Works Statistics vii

Table 2: Audit Observations Classified by Categories vii

Table 3: Outcome Statistics viii

Table 4: Irregularities Pointed Out ix

Table 5: Cost Benefit ix

5 CHAPTER 1 1

1.1 AD LGE & RDD and selected Union Councils 1

1.1.1 Introduction 1

1.1.2 Comments on Budget and Accounts (Variance Analysis) 1

1.1.3 Brief Comments on the Status of Compliance 2

1.2 Audit Paras 3

6 Annexures 5

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ABBREVIATIONS AND ACRONYMS

AD Assistant Director AP Advance Para DAC Departmental Accounts Committee DDO Drawing & Disbursing Officer GFR General Financial Rules KP Khyber Pakhtunkhwa LGA Local Government Act LG&RDD Local Government and Rural Development Department MFDAC Memorandum for Department Accounts Committee PAO Principal Accounting Officer POL Petroleum Oil & Lubricant RDA Regional Directorate of Audit UC Union Council

Preface Articles 169 and170 of the Constitution of the Islamic Republic of Pakistan, 1973 read with Sections-8 and 12 of the Auditor General’s (Functions, Powers and Terms and Conditions of Service) Ordinance, 2001 and Section 168 of Local Government Act 2012 require the Auditor General of Pakistan to conduct audit of the receipts and expenditure of Local Councils. The report is based on audit of the accounts of Assistant Director Local Government & Rural Development Department and Union Councils Malakand for the Financial Year 2014-15. The Directorate General of Audit, District Governments, Khyber Pakhtunkhwa, Peshawar conducted audit on test check basis during 2015-16 with a view to reporting significant findings to the relevant stakeholders. The main body of the Audit Report includes only the systemic issues and audit finding carrying value of Rs1 million or more. Relatively less significant issues are listed in the Annexure-1 of the Audit Report. The Audit Observations listed in the Annexure-1 shall be pursued with the Principal Accounting Officer at the DAC level and in all cases where the PAO does not initiate appropriate action, the Audit observation will be brought to the notice of Public Accounts Committee through the next year’s Audit Report. Audit findings indicate the need for adherence to the regularity framework besides instituting and strengthening internal controls to avoid recurrence of similar violations and irregularities. The observations included in this report have been finalized without replies of the Departments and without DAC meetings as the same could not be convened despite repeated requests. The Audit report is submitted to the Governor of Khyber Pakhtunkhwa in pursuance of Article 171 of the Constitution of the Islamic Republic of Pakistan, 1973 read with Section 168 of Khyber Pakhtunkhwa Local Government Act, 2012 to be laid before appropriate legislative forum.

Islamabad (Rana Assad Amin) Dated: Auditor General of Pakistan

EXECUTIVE SUMMARY The Directorate General Audit, District Governments, Khyber Pakhtunkhwa, Peshawar, is responsible to conduct the audit of all Assistant Directors Local Government & Rural Development Department and Union Councils. Its Regional Directorate of Audit Mardan has audit jurisdiction of Assistant Director Local Government & Rural Development Department and UCs of four Districts i.e. District Mardan, Swabi, Malakand and Buner. The Regional Directorate has a human resource of 09 officers and staff, constituting 1878 man days and a budget of about Rs 11.906 million was allocated during financial year 2015-16. It has the mandate to conduct financial attest audit, audit of sanctions, audit of compliance with authority and audit of receipts as well as the performance audit of entities, projects and programs. Accordingly, Regional Director Audit Mardan carried out audit of the accounts of Assistant Director Local Government & Rural Development Department and UCs for the Financial Year 2014-15 and the findings included in the Audit Report. Assistant Director Local Government & Rural Development Department and UCs District Malakand perform their functions under Khyber Pakhtunkhwa Local Government Act, 2012. Administrative Secretary i.e Secretary Local Government and Rural Development Department, Khyber Pakhtunkhwa is the Principal Accounting Officer for these local bodies. According to financial provisions of the Act the Secretary Local Government and Rural Development Department, Khyber Pakhtunkhwa authorizes the Annual Budget Statement for these local bodies in the form of budgetary grants. a. Scope of audit There are 28 Union Councils in two (2) Tehsils of District Malakand out of which the accounts of 10 Union Councils were examined in detailed. These Union Councils were selected for detailed audit by excluding the last year audited entities, on the basis of random sample of seven UCs from Tehsil Batkhela and three from Tehsil Dargai, keeping in view the available man days.

No. o f UCs Total No. of No. of UCs Audited # Tehsil Audited UCs This year Last year 1 Batkhela 17 06 07 2 Dargai 11 04 03

Detail of UCs Audited for the Financial Year 2014-15 # UC Name Tehsil 1 Agra Batkhela 2 Khar Batkhela 3 Kharkai Dargai 4 Lower Batkhela Batkhela 5 Malakand Batkhela 6 Middle Batkhela Batkhela 7 Palai Dargai 8 Selai Pattay Dargai 9 Skhakot Khass Dargai 10 Totakan Batkhela Total auditable expenditure of the Assistant Director Local Government & Rural Development Department and 28 UCs, District Malakand, for the Financial Year 2014-15, under the jurisdiction of RDA was Rs 33.155 million. Out of this, RDA Mardan audited an expenditure of Rs 14.707 million which, in terms of percentage, was 44.35% of auditable expenditure of AD LG&RDD and 10 UCs. Total receipts of 28 UCs, District Malakand for the Financial Year 2014-15, were Rs 0.532 million. Out of this, RDA Mardan audited receipts of 10 UCs amounting to Rs 0.190 million. The total expenditure and receipts of Assistant Director Local Government & Rural Development Department and UCs, District Malakand, for the Financial Year 2014-15 were Rs 33.687 million. Out of this, RDA Mardan audited the expenditure and receipts of Rs 14.897 million. b. Recoveries at the instance of audit Recovery of Rs 0.631 million was pointed out during audit.

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C. Audit Methodology Audit was conducted after understanding the business processes of Assistant Director Local Government Office and Union Councils with respect to their functions, control structure and key controls. This helped auditors in understanding the systems, procedures, environment, and the audited entity before starting the audit. Audit used desk audit techniques for analysis of compiled data and review of actual vouchers with other supporting documents and records called for scrutiny and substantive testing in the Regional Directorate of Audit Mardan. d. Audit Impact Audit pointed out various irregularities of serious nature to the management. However, no impact was visible as the management failed to respond and the irregularities could not come to the light in the proper forum i.e. DAC. e. Comments on Internal Control and Internal Audit department The purpose of internal control system is to ensure effective operation of an organization. It consists of measures employed by the management to achieve objectives, safeguard assets, ensure accuracy, timeliness and reliability of financial and accounting information for decision making. One of the basic component of Internal Control System, as envisaged under Para 13 of GFR Volume-I, is Internal Audit which was not prevalent in Assistant Director Local Government & Rural Development Department and UCs District Malakand. Neither rules for internal audit have been framed nor internal audit report as required was provided to audit. f. Key Audit Findings Unauthentic expenditure of Rs 0.493 million noted in one case. Non adjustment of Income tax of Rs 0.631 million noted in one case.

1 Para: 1.2.1.1, 1.2.1.2

viii g. Recommendations

i. Disciplinary actions need to be taken to stop the practice of violation of the rules and regulations in spending the public money. ii. Logbooks must be maintained indicating meter reading, purpose of journey, consumption rate and litter consumed during a particular journey. iii. Income Tax shall be adjusted in running bill in light of Finance Department notification

SUMMARY TABLES AND CHARTS

Table 1: Audit Work Statistics (Rs in million) Budget S. No Description No.

1 Total Entities(PAO) in Audit Jurisdiction 01 33.687 2 Total formations in audit jurisdiction 29 33.687 3 Total formations Audited 11 14.897 4 Audit and Inspection reports 01 14.897 5 Special Audit Reports - - 6 Performance Audit Reports - - 7 Other Reports - -

Table 2: Audit Observations classified by Categories (Rs in million) Sr. No. Description Amount under audit observation 1 Un sound Asset management - 2 Weak Financial management - 3 Weak Internal controls relating to 1.124 Financial Management 4 Others Total 1.124

Table 3: Outcome Statistics (Rs in million) Expenditure Total for on Acquiring Total the year Civil S# Description Physical Receipts Others for year (2013-14) Works Assets (2014-15) (Procurement) Outlays 1. - 2.200 0.190 12.507 14.897 29.70 Audited Amount Placed under Audit 2. - 0.631 0 0.493 1.124 4.671 Observation /Irregularities of Audit Recoveries Pointed Out at 3. - 0.631 - - 0.631 - the instance of Audit Recoveries Accepted 4. /Established at ------the instance of Audit Recoveries Realized at the 5. ------instance of Audit

Note: The outcome figures reported for the year 2013-14 pertain to the Ten (10) Union Councils audited last year. Since the PAO is the same therefore, these amounts have been included here to show cumulative effect against the PAO.

Table 4: Irregularities pointed out (Rs in million) Amount under Audit S. No Description observation 1 Violation of rules and regulations and principle of propriety - and probity. 2 Reported cases of fraud, embezzlement, theft, - misappropriations and misuse of public funds. 3 Accounting Errors (accounting policy departure from NAM, misclassification, over or understatement of account balances) - that are significant but are not material enough to result in the qualification of audit opinions on the financial statements. 4 Quantification of weaknesses of internal controls system. 0.493 5 Recoverable, overpayments, or unauthorized payments of 0.631 public money. 6 Non-production of record to Audit 0 7 Others, including cases of accidents, negligence etc. 0 Total 1.124

Table 5: Cost Benefit (Rs in million) S. No Description Amount 1 Outlays Audited (Item 1 of Table 3) 14.897 2 Expenditure on audit 0.189 3 Recoveries realized at the instance of Audit 0.00 4 Cost Benefit Ratio 1:0

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CHAPTER-1

1.1 Assistant Director Local Government & Rural Development Department and Union Councils, District Malakand

1.1.1 Introduction District Malakand has two tehsils i.e. Batkhela and Dargai. There is an Assistant Director Local Government & Rural Development Department and 28 Union Councils. Each Union Council has a Secretary. Assistant Director Local Government & Rural Development Departments Drawing & Disbursing Officer (DDO) for his office and union councils of the District Malakand. According to 1998 population census, the population of District Malakand is 351,320.

1.1.2 Comments on Budget and Accounts (Variance Analysis)

An amount of Rs 56.236 million was allocated as budget by the Provincial Government to Assistant Director Local Government & Rural Development Department and 28 Union Councils of District Malakand. An amount of Rs 0.532 million was realized during the financial year 2014-15. Thus making a total of Rs 57.30 million at the disposal of local councils, against which an expenditure of Rs 33.687 million was incurred by Assistant Director Local Government & Rural Development Department and 28 Union Councils of District Malakand, with a savings of Rs 23.610 million during Financial Year 2014-15. Detail is given below: (Rs in million) %age of saving Expenditure Excess / out of total 2014-15 Budget (Rs) (Rs) Savings (Rs) savings Salary 38.515 18.416 (20.098) 85 Non Salary 11.133 7.839 (3.292) 14 Developmental 7.120 6.900 (0.220) 01 Total 56.768 33.155 (23.610) 100 Receipts 0.532 0.532 0 Grand Total 57.3 33.687 (23.610) 1

The huge savings of Rs 23.610 million in all heads of accounts indicate weakness in the capacity of these local institutions to utilize the amounts allocated.

EXPENDITURE OF ASSISTANT DIRECTOR LG & RDD AND 10 UCs DISTRICT MALAKAND FY 2014-15 Developmental, 2.2, 9%

Non Salary , 3.6, 15%

Salary Non Salary Developmental

Salary , 18.416, 76%

Detail is given at Annexure-3

1.1.3 Brief comments on the status of compliance with PAC Directives

The audit reports on the accounts of Assistant Director Local Government & Rural Development Department and Union Councils Malakand under the LGA 2012, have not yet been discussed in PAC.

1.2 AUDIT PARAS AD LG&RDD & UCs Malakand

1.2.1 Internal Control Weaknesses

1.2.1.1 Un-authentic payment on account of POL charges -Rs.0.493 million

According to Para 10 (i) of General Financial Rules Volume I, every public officer is expected to exercise the same vigilance in respect of expenditure incurred from public moneys, as a person of ordinary prudence would exercise in respect of expenditure of his own money.

Assistant Director LG&RDD Malakand paid Rs 493,140 on account of POL charges during financial year 2014-15. Audit held that the expenditure was unauthentic as neither log books were provided nor purpose of journey shown to verify the expenditure.

Audit observed that unauthentic payment of POL charges indicates weak internal control, which resulted in loss to Government.

When pointed out in February, 2016, management did not respond to the audit observation.

Audit recommends justification and action against the person(s) at fault.

AP # 47 (2014-15)

1.2.1.2 Non adjustment/deduction of income tax in developmental works – Rs0.631 million

According to letter No. SO(Dev-II)FD/12-6/12-13 dated 20th June, 2013 of Finance Department Government of Khyber Pakhtunkhwa, Income Tax on all developmental works should be adjusted against those works which fall in tax exempted area like PATA whose cost estimates are framed on the CSR basis that includes build in income tax in the item rate 3

The following union councils failed to adjust income tax of Rs631,473 on various developmental schemes from the contractors during financial year 2012- 13 &2013-14. # Name of UCs Expenditure (Rs) Income tax @6% (Rs) 1 UC Agra 1,400,000 84,000 2 UC Khar 1,200,000 72,000 3 Kharkai 500,000 30,000 4 Lower batkhela 1,200,000 72,000 5 Malakand 1,300,000 78,000 6 Middle batkhela 1,000,000 60,000 7 Palai 1,200,000 72,000 8 Selai patty 1,000,000 60,000 9 Skhakotkhas 524,550 31,473 10 Totakan 1,200,000 72,000 Total 631,473

Non adjustment of income tax indicated weak financial control, which resulted in loss to Government.

When pointed out in February 2016, management stated that this region is tax exempted area hence tax cannot be implemented. Reply was not correct as the issue has since been clarified by the Finance Department.

Audit recommends recovery and deposit of income tax into government treasury and action against the person(s) at fault.

AP # 48, 50, 56, 57, 61, 62, 65, 69, 72 & 75 (2014-15)

ANNEXURES

Detail of MFDAC Para’s Annex-1 Amount S. AP Caption of the Para (Rs in No No million) AD LG&RDD 1 43 Loss to government due to non-conversion of current account into PLS account. - 2 44 Doubtful drawl on account of POL charges 0.070 3 45 Double drawl on account of sumptuary allowance 0.010 4 46 Non production of record. - UCs 5 49 Unjustified payment of commission to NADRA 0.011 6 51 Unauthorized payment on account of sanitation 0.040 7 52 Unauthorized payment on account of rent of office building 0.120 8 53 Unjustified payment of commission to NADRA 0.020 9 54 Unjustified payment of 0.160 10 55 Non maintenance of cash book in proper format - 11 58 Unauthorized payment on account of rent of office building 0.049 12 59 Unauthorized payment on account of sanitation 0.040 13 60 Less deposit of registration fees 0.016 14 63 Non maintenance of cash book in proper format - 15 64 Unauthorized payment on account of rent of office building 0.036 16 66 Unauthorized payment on account of rent of office building 0.014 17 67 Less deposit of registration fees 0.017 18 68 Unjustified payment of commission to NADRA 0.075 19 70 Less deposit of registration fees 0.004 20 71 Irregular payment of commission to NADRA 0.023 21 73 Overpayment due to allowing excess quantity 0.031 22 74 Unauthorized payment on account of sanitation 0.080 23 76 Irregular payment of commission to NADRA 0.063 24 77 Non maintenance of cash book in proper format -

Audit Impact Summary Annex-2

S.No Rules/System/Procedure Audit Impact

The Auditor General has the authority to require any DAC meetings could not be 1 accounts, books, papers and other documents which deal convened due to which audit with, or form, the basis of or otherwise relevant to transactions to which his duties in respect of audit extent. impact is not visible.

According to GFR, all dues of the Government should be 2 correctly and promptly assessed, collected and paid into -do- Government Treasury.

According to terms and conditions of the contracts; the 3 contract for the present year must have 15% increase -do- over the bid of last year.

Withholding tax collection under section 236A on sale of 4 -do- property was required at enhanced rate of 10%.

The procuring entity shall use open competitive bidding 5 as the principal method of procurement for the -do- procurement of goods over the value of Rs 100,000.

Annex-3

Budget & Expenditure in respect of AD LG&RDD and 10 UCs of District Malakand 2014-15

2014-15 Budget (Rs in Expenditure Excess / %age million) (Rs in million) (Savings) (Rs in million) Salary 38.515 18.416 -20.098 52 Non Salary 6.893 3.600 -3.293 48 Developmental 2.200 2.200 0.00 0 Total 47.903 24.513 -23.931 50 Receipts 0.190