AUDIT REPORT
ON
THE ACCOUNTS OF
CDA, CAA, NHA, PAK. PWD,
ESTATE OFFICE, FGEHF,
NCL, PHAF, HEC AND
WWF/BOARDS
GOVERNMENT OF PAKISTAN
AUDIT YEAR 2017-18
AUDITOR GENERAL OF PAKISTAN
TABLE OF CONTENTS
ABBREVIATIONS AND ACRONYMS .............................................................. i
PREFACE ............................................................................................................ vi
EXECUTIVE SUMMARY ................................................................................. ix
SUMMARY TABLES AND CHARTS .......................................................... xxiii
I: Audit Work Statistics ...................................................................... xxiii
II: Audit Observations classified by Categories .................................. xxiv
III: Outcome Statistics .......................................................................... xxiv
IV: Irregularities pointed out .................................................................. xxv
V: Cost-Benefit Ratio ........................................................................... xxv
CHAPTER 1 ......................................................................................................... 1
PUBLIC FINANCIAL MANAGEMENT ISSUES (PAKISTAN
PUBLIC WORKS DEPARTMENT) ................................................................ 1
1.1 AUDIT PARA ................................................................................................. 1
1.1.1 Unauthorized transfer of funds from lapsable PLA-I to non-lapsable
PLA-IV - Rs 1,776.376 million ....................................................................... 1
CHAPTER 2 ......................................................................................................... 4
CAPITAL DEVELOPMENT AUTHORITY ................................................... 4
2.1 Introduction ..................................................................................................... 4
2.2 Comments on Budget and Accounts (Variance Analysis) ............................... 5
2.3 Brief comments on the status of compliance with PAC‟s directives ............. 13
2.4 AUDIT PARAS ............................................................................................. 15
Fraud/Mis-appropriations ........................................................................................... 15
2.4.1 Embezzlement of entry fee in Lake View Park Islamabad - Rs 16.250
million ............................................................................................................ 15
2.4.2 Non-recovery of advances and salary paid to Ex-official dismissed
from service due to fake certificates - Rs 2.145 million ................................ 16
2.4.3 Non-initiation of disciplinary as well as criminal proceedings against
employees having fake degrees ..................................................................... 18
Irregularity and Non-Compliance ............................................................................... 19
2.4.4 Non-cancellation of commercial plots due to non-renewal of lease -
Rs 40,155.648 million .................................................................................... 19
2.4.5 Loss due to un-competitive disposal of plot - Rs 10,527.026 million ............ 20
2.4.6 Overpayment to IESCO due to excessive billing of street lights -
Rs 5,360.991 million ...................................................................................... 23
2.4.7 Non-realization of long outstanding dues of commercial plots -
Rs 5,831.043 million ...................................................................................... 26
2.4.8 Unauthentic approval of Layout Plan of Housing Scheme on the basis
of fake and fictitious documents - Rs 8,198.60 million ................................. 28
2.4.9 Non-imposition of penalty/non-recovery of ground rent from
marquees / wedding halls - Rs 1,032.000 million .......................................... 30
2.4.10 Irregular execution of works without approval by the competent
authority - Rs 341.543 million ....................................................................... 31
2.4.11 Non-mutation/non-taking over possession of land besides payments to
selective land owners - Rs 261.781 million ................................................... 32
2.4.12 Execution of project without PC-I - Rs 228.431 million ............................... 36
2.4.13 Replacement of existing road lights with LED lights without PC-I and
award of work to non-responsive bidder - Rs 363.242 million ...................... 37
2.4.14 Deployment of staff in excess of sanctioned strength resulting in
excess expenditure - Rs 73.085 million ......................................................... 42
2.4.15 Enhancement of work beyond the original scope - Rs 58.113 million........... 44
2.4.16 Non-remittance of Government receipt in Federal Treasury -
Rs 104.465 million ......................................................................................... 46
2.4.17 Appointment of consultant without registration with PEC and payment
of consultancy fee without proper performance - Rs 46.825 million ............ 48
2.4.18 Execution of work without insurance guarantee saving inbuilt cost of
premium - Rs 40.018 million ......................................................................... 49
2.4.19 Non-recovery of expenditure incurred in excess of the deposits
received from sponsors - Rs 35.956 million .................................................. 51
2.4.20 Award of work without technical evaluation - Rs 30.408 million ................. 53
2.4.21 Non-accounting of excavated rock material - Rs 27.835 million ................... 54
2.4.22 Award of works without open competition - Rs 24.834 million .................... 55
2.4.23 Payment of President‟s House Allowance, Fuel and Electricity
Subsidy to non-entitled officers - Rs 24.474 million ..................................... 56
2.4.24 Payment without recording detailed measurement in log/work books -
Rs 22.113 million........................................................................................... 58
2.4.25 Non-auction of advertisement sites/non-maintenance of record of open
spaces for licenses - Rs 20.350 million .......................................................... 59
2.4.26 Theft of electric transformers, electric cable, street light poles, etc. -
Rs 15.165 million........................................................................................... 60
2.4.27 Award of work in violation of procurement rules - Rs 17.536 million .......... 62
2.4.28 Non-recovery of mobilization advance - Rs 7.723 million ............................ 66
2.4.29 Extra payment due to incorrect rate - Rs 6.531 million ................................. 67
2.4.30 Procurement of vehicles and equipment without provision in TS
Estimate - Rs 9.600 million ........................................................................... 68
2.4.31 Overpayment due to non-deduction of earth available from roadway
excavation - Rs 4.855 million ........................................................................ 71
2.4.32 Award of works at higher rates - Rs 2.852 million ........................................ 73
Performance ................................................................................................................. 74
2.4.33 Non-development of sectors despite receipt of funds from allottees -
Rs 63,413.335 million .................................................................................... 74
2.4.34 Inordinate delay in completion of project despite sufficient funds ................ 75
2.4.35 Procurement of sub-standard alum sulphate - Rs 1.287 million .................... 76
2.4.36 Non-taking of remedial measures for the treatment of polluted water ........... 78
Internal Control Weaknesses....................................................................................... 80
2.4.37 Non-revision of rates of property tax, water and conservancy charges.......... 80
2.4.38 Non-recovery of outstanding property tax - Rs 1,901.553 million ................ 83
2.4.39 Carpeting of roads without obtaining NOC from MPO - Rs 845.232
million ............................................................................................................ 85
2.4.40 Non-completion of work despite incurring expenditure of Rs 295.00
million ............................................................................................................ 87
2.4.41 Non-recovery on account of Operation & Maintenance Charges of
Water Treatment Plant from beneficiaries - Rs 195.327 million .................. 88
2.4.42 Non-adjustment of advance payment - Rs 94.902 million ............................. 89
2.4.43 Overpayment to the contractors due to higher estimation - Rs 30.253
million ............................................................................................................ 90
2.4.44 Delay in completion of water supply scheme due to non-removal of
encroachment - Rs 27.274 million ................................................................. 92
2.4.45 Non-recovery of secured advance - Rs 15.109 million .................................. 93
2.4.46 Non-recovery of room rent and utility charges of hostels/lodges -
Rs 11.097 million........................................................................................... 94
2.4.47 Award of work at higher rates without assessment of reasonability of
rates - Rs 7.115 million .................................................................................. 95
2.4.48 Payment of overtime allowance over and above the approved rates -
Rs 6.602 million............................................................................................. 96
2.4.49 Procurement of imported electrical items without ensuring
genuineness of the items supplied - Rs 6.069 million .................................... 97
2.4.50 Non-imposition of penalty for non-compliance of Fire Prevention and
Life Safety Regulations - Rs 5.210 million .................................................... 99
2.4.51 Non-auction of kiosks and non-revision of license fee - Rs 5.040
million .......................................................................................................... 101
2.4.52 Non-recovery of advance income tax - Rs 4.436 million............................. 102
2.4.53 Overpayment due to non-adjustment of prices of specified material -
Rs 8.521 million........................................................................................... 104
2.4.54 Award of licenses of kiosks without open auction - Rs 3.636 million ......... 105
2.4.55 Non-acceptance of highest bid of car parking license - Rs 3.506
million .......................................................................................................... 106
2.4.56 Overpayment due to duplication and calculation mistake - Rs 3.42
million .......................................................................................................... 108
2.4.57 Non-deduction of General Sales Tax - Rs 2.250 million ............................. 111
2.4.58 Non-cancellation/ vacation of Government accommodation allotted to
ineligible employees .................................................................................... 112
2.4.59 Payment of Capital Allowance, Special Allowance and Danger
Allowance etc. without approval of Finance Division ................................. 113
2.4.60 Non-imposition of fine - Rs 2.405 million ................................................... 114
CHAPTER 3 .................................................................................................. 116
CIVIL AVIATION AUTHORITY ................................................................ 116
3.1 Introduction ................................................................................................. 116
3.2 Comments on Budget and Accounts (Variance Analysis) ........................... 117
3.3 Brief comments on the status of compliance with PAC‟s directives ........... 121
3.4 AUDIT PARAS ............................................................................... 123
Irregularity and Non-compliance .............................................................................. 123
3.4.1 Procurement without approval of ECNEC - Rs 1,144.068 million .............. 123
3.4.2 Award of work to an ineligible contractor - Rs 842.145 million ................. 124
3.4.3 Irregular acquisition of land for airport without feasibility study -
Rs 450.389 million ....................................................................................... 126
3.4.4 Irregular award of additional works in violation of procurement rules -
Rs 304.429 million ....................................................................................... 128
3.4.5 Procurement of works through different formations instead of project
management resulting in understatement of project cost - Rs 237.972
million .......................................................................................................... 130
3.4.6 Non-utilization of residential building - Rs 144.633 million ....................... 131
3.4.7 Award of contract on doubtful bidding documents - Rs 17.387 million ...... 132
3.4.8 Mis-procurement due to award of work on quotation basis - Rs 15.198
million .......................................................................................................... 134
Performance ............................................................................................................... 136
3.4.9 Loss of revenue due to non-completion of the project within stipulated
period - Rs 9,675 million ............................................................................. 136
Internal Control Weaknesses..................................................................................... 137
3.4.10 Procurement of imported equipment and materials without
authentication of the authorized manufacturers / from other than
approved manufacturer - Rs 6,508.716 million ........................................... 137
3.4.11 Non-recovery of outstanding dues on account of licence fee, rent and
electricity charges - Rs 2,159.481 million ................................................... 140
3.4.12 Non-maintenance of Measurement Books - Rs 1,217.443 million .............. 143
3.4.13 Non-recovery from the defaulting contractor - Rs 580.786 million ............ 144
3.4.14 Transfer of funds as deposit work instead award of work through
competitive bidding - Rs 260.000 million ................................................... 145
3.4.15 Loss due to non-encashment of bank guarantees - Rs 171.771 million ....... 147
3.4.16 Undue financial aid due to allowing inadmissible secured advance -
Rs 85.55 million........................................................................................... 148
3.4.17 Non-recovery of advance income tax - Rs 20.022 million .......................... 150
3.4.18 Unjustified expenditure of Rs 32.000 million involving excess beyond
provision in revised PC-I of Rs 19.200 million ........................................... 152
3.4.19 Non-imposition and recovery of liquidated damages for delay in
completion of work - Rs 22.286 million ...................................................... 154
3.4.20 Unauthorized up-gradation of staff without authentication of
qualification certificates - Rs 17.655 million ............................................... 155
3.4.21 Overpayment due to inclusion of machinery/equipment component in
the rate analysis beyond technical requirement of site - Rs 17.435
million .......................................................................................................... 157
3.4.22 Overpayment due to non-deduction of shrinkage allowance -
Rs 15.596 million......................................................................................... 158
3.4.23 Non-recovery of dues from the ex-licencee - Rs 12.608 million ................. 160
3.4.24 Award of licence at lesser rate - Rs 12.013 million ..................................... 161
3.4.25 Overpayment due to difference in rates - Rs 17.299 million ....................... 163
3.4.26 Acceptance of high rates due to bid tempering - Rs 11.328 million ............ 164
3.4.27 Overpayment to the contractor due to inadequate tender/bid evaluation
- Rs 9.295 million ........................................................................................ 166
3.4.28 Overpayment due to excessive measurement of height of drain -
Rs 4.322 million........................................................................................... 167
3.4.29 Overpayment due to allowing higher component of labour in the non-
BOQ rate - Rs 3.924 million ........................................................................ 169
3.4.30 Overpayment due to non-adjustment of prices as a result of de-
escalation - Rs 3.398 million ....................................................................... 170
3.4.31 Incorrect enhancement in the bid amount by the Evaluation Committee
- Rs 3.117 million ........................................................................................ 171
3.4.32 Overpayment due to deviation from the contract agreement - Rs 1.892
million .......................................................................................................... 173
CHAPTER 4 ..................................................................................................... 175
NATIONAL HIGHWAY AUTHORITY ...................................................... 175
4.1 Introduction ................................................................................................. 175
4.2 Comments on Budget and Accounts (Variance Analysis) ........................... 177
4.3 Brief comments on the status of compliance with PAC‟s directives ........... 180
4.4 AUDIT PARAS ........................................................................................... 182
Irregularity and Non-Compliance ............................................................................. 182
4.4.1 Award of contract on rates 59.95% higher than the approved PC-I ............. 182
4.4.2 Award of contract without forming of joint venture by Chinese
Companies with Pakistani Firms ................................................................. 184
4.4.3 Major change in approved scope of work in violation of approved
PC-I.............................................................................................................. 187
4.4.4 Award of work to unqualified firm .............................................................. 190
4.4.5 Mis-procurement of consultancy contract - US$ 3,849,460 and
Rs 1,112.618 million .................................................................................... 192
4.4.6 Award of construction of motorways on Build Operate and Transfer
(BOT) basis without adhering Government‟s interest ................................. 195
4.4.7 Award of work to technically unqualified contractor - Rs 7,410.794
million .......................................................................................................... 201
4.4.8 Mis-procurement of consultancy services as Assistant to Employer‟s
Representative - US$ 3.552 million and Rs 460.724 million ...................... 202
4.4.9 Undue amendment in the contract resulting into financial aid to the
contractor - Rs 8,770.800 million ................................................................ 205
4.4.10 Award of toll operation contracts to the defaulters - Rs 6,542.899
million .......................................................................................................... 207
4.4.11 Award of Routine Maintenance works relating to AMP 2016-17
without detailed quantities in BOQ - Rs 4,730.38 million ........................... 209
4.4.12 Appointment of Design Review Consultant by the contractor in
violation of contract agreement involving Rs 2,085.986 million ................. 211
4.4.13 Revival of works by extending undue favour to the contractors .................. 214
4.4.14 Award of work to a disqualified firm due to non-adherence to
condition of bidding documents - Rs 715.455 million ................................. 217
4.4.15 Unauthorized execution of the work without approval and without re-
rating on excess quantity - Rs 515.829 million ............................................ 218
4.4.16 Excess expenditure due to deviation from approved scope of work
resulted in utilization of saving - Rs 240.882 million .................................. 220
4.4.17 Irregular transfer of work from N-70 to N-50 - Rs 198.156 million ............ 222
4.4.18 Loss due to non-taking over the possession of toll plazas from
defaulters - Rs 156.267 million and non-encashment of performance
bonds of defaulting operators - Rs 39.597 million ....................................... 224
4.4.19 Payment without approval from competent authority and overpayment
due to allowing enhanced rate - Rs 39.370 million ...................................... 227
4.4.20 Mis-procurement of Rs 19.064 million and irregular payment -
Rs 5.338 million........................................................................................... 229
Performance ............................................................................................................... 231
4.4.21 Non-mutation of land in the name of NHA - Rs 37,415.00 million ............. 231
Internal Control Weaknesses..................................................................................... 232
4.4.22 Irregular/unauthorized investment of surplus funds in Zarai Taraqiati
Bank - Rs 9,700.00 million .......................................................................... 232
4.4.23 Mismanagement of NHA resulting into accumulated toll income
receivable - Rs 7,968.409 million ................................................................ 235
4.4.24 Abnormal defective engineer‟s estimation due to high estimation of
rates in CSR 2014 - Rs 5,104.01 million ..................................................... 238
4.4.25 Violation of contract provision due to non-hiring of design and
supervisory consultants by the contractor - Rs 4,616.210 million ............... 240
4.4.26 Non-recovery due to non-provision of evidence for payments of
financial charges/premium against bank guarantees/ insurance -
Rs 3.986 billion ........................................................................................... 242
4.4.27 Loss on account of land acquisition and compound interest -
Rs 2,958.00 million and non-finalization of inquiry .................................... 244
4.4.28 Unjustified hiring of consultant for monitoring resulted in extra
expenditure of Rs 1,112.618 million and US$ 3.849 million ....................... 246
4.4.29 Loss of revenue due to short receipt of toll collection than reserved
prices - Rs 2,173.873 million ....................................................................... 248
4.4.30 Excess payment due to less execution of work - US$ 25.213 million ......... 250
4.4.31 Non-provision of construction performance bond by the
concessionaire - Rs 1,831.75 million ........................................................... 251
4.4.32 Non-recovery due to non-rectification/repair of defective road work -
Rs 1,631.519 million .................................................................................... 252
4.4.33 Unauthorized/Irregular payment of claims through Variation Orders -
Rs 1,371.328 million .................................................................................... 254
4.4.34 Unauthorized payment of escalation due to change in Factor-C
through Post bid change - Rs 1,338.369 million .......................................... 256
4.4.35 Overpayment due to non-deduction of de-escalation - Rs 1,127.831
million .......................................................................................................... 257
4.4.36 Loss to Government due to payment of work in dollars and fixation of
exchange rate through addendum - US$ 10.675 million .............................. 260
4.4.37 Grant of additional Mobilization Advance through post-bid
amendment - Rs 695.151 million ................................................................. 262
4.4.38 Borrow areas within 250 meters of right of way in violation of
contract provisions - Rs 631.300 million ..................................................... 263
4.4.39 Unjustified expenditure on closed projects - Rs 606.56 million .................. 264
4.4.40 Overpayment due to higher rates of earthworks - Rs 581.292 million......... 266
4.4.41 Loss due to arriving at reserve price of lesser amounts by the NTRC
without taking actual price escalation based on effective traffic
counting on toll plazas - Rs 501.70 million ................................................. 268
4.4.42 Non-recovery of rental charges from licensee - Rs 442.958 million ........... 269
4.4.43 Non-recovery of cost of stone obtained from hard rock excavation -
Rs 388.239 million ....................................................................................... 270
4.4.44 Extra expenditure due to unjustified revision of rates - Rs 350.01
million .......................................................................................................... 271
4.4.45 Overpayment due to incorrect payment of Foreign Exchange
difference - Rs 342.675 million ................................................................... 273
4.4.46 Unjustified application of current and base rates for steel resulting in
less recovery of de-escalation calculations - Rs 331.661 million ............... 275
4.4.47 Non-remittance of income tax in government treasury - Rs 290.267
million .......................................................................................................... 277
4.4.48 Non-recovery of secured and escrow advance - Rs 280.885 million ........... 279
4.4.49 Loss due to inclusion of cost of stone - Rs 248.299 million ........................ 279
4.4.50 Overpayment due to enhancement of agreed rates through post tender
change - Rs 239.689 million ........................................................................ 281
4.4.51 Loss of revenue due to award of contracts below reserved prices -
Rs 200.130 million ....................................................................................... 282
4.4.52 Non-rationalization of cost of vehicles as per the current market prices
resulted in excess cost - Rs 156.865 million ................................................ 285
4.4.53 Inadmissible payments of price escalation - Rs 156.156 million ................. 286
4.4.54 Overpayment of escalation through post bid amendment by enhancing
factor C - Rs 139.484 million ...................................................................... 287
4.4.55 Inadmissible provision of expenditure on Control & Monitoring Office
in the contract - Rs 134.159 million ............................................................. 288
4.4.56 Unjustified extra provision of training in China by the contractor
without provision in the tender documents - Rs 121.393 million ............... 289
4.4.57 Undue financial burden on the public exchequer on account of storage
charges - Rs 117.14 million ......................................................................... 291
4.4.58 Loss to the government due to non-rectification of the damaged work
at contractor‟s expense - Rs 116.766 million ............................................... 293
4.4.59 Excess payment on account of escalation beyond the provision of PC-I
- Rs 94.396 million ...................................................................................... 295
4.4.60 Irregular payment due to allowing escalation on disputed value of
work - Rs 93.186 million ............................................................................. 296
4.4.61 Grant of additional mobilization advance through post-bid amendment
- Rs 107.594 million and non-recovery of balance amount - Rs 86.902
million .......................................................................................................... 297
4.4.62 Unjustified expenditure of pay and allowances - Rs 77.464 million............ 299
4.4.63 Unjustified change in scope of work through Variation Orders -
Rs 64.483 million......................................................................................... 301
4.4.64 Non-recovery of ROW dues from filling stations and other business
operators - Rs 53.636 million....................................................................... 303
4.4.65 Unauthorized expenditure on construction of service road outside
Motorway fence on NHA Land for the benefit of Private Housing
Societies - Rs 53.331 million ....................................................................... 304
4.4.66 Non-completion of works by contractor - Rs 10.230 million and non-
imposition of liquidated damages - Rs 7.800 million .................................. 306
4.4.67 Unauthentic execution of work against day-work - Rs 40.099 million ........ 307
4.4.68 Excess percentage of overheads than the salary cost in violation of
RFP resulted in excess payment of Rs 34.704 million and US$
170,599 ........................................................................................................ 308
4.4.69 Un-authorized change in rate and quantities after rationalized bid and
approved PC-I resulted in extra benefit to the contractor - Rs 30.590
million .......................................................................................................... 310
4.4.70 Non-deduction of sales tax from the consultant‟s payments -
Rs 27.092 million......................................................................................... 311
4.4.71 Overpayment due to allowing enhanced rate - Rs 25.364 million ............... 313
4.4.72 Loss due to toll operation departmentally on interim basis - Rs 24.242
million .......................................................................................................... 314
4.4.73 Overpayment due to paying excavation cost twice - Rs 21.399 million ...... 315
4.4.74 Overpayment due to allowing escalation on provisional sum items -
Rs 18.362 million......................................................................................... 317
4.4.75 Non-forfeiture of performance bond due to non-commencement of
work - Rs 17.748 million ............................................................................. 318
4.4.76 Overpayment due to incorrect implementation of revised rates -
Rs 15.312 million......................................................................................... 319
4.4.77 Overpayment due to non-reduction in quoted rate of BOQ item -
Rs 14.547 million......................................................................................... 321
4.4.78 Less recovery from the toll plaza contractor - Rs 9.561 million .................. 322
4.4.79 Overpayment due to price adjustment - Rs 9.540 million ............................ 323
4.4.80 Unjustified and irregular lease of commercial land without
competition and at lesser rent - Rs 8.996 million ......................................... 324
4.4.81 Overpayment due to allowing price escalation on un-justified
weightage - Rs 8.395 million ....................................................................... 326
4.4.82 Less recovery of Income Tax on consultant payments - Rs 5.512
million .......................................................................................................... 327
4.4.83 Overpayment due to measurement of steel weight on higher side as
compared to the steel actually used in the work - Rs 4.369 million ............ 328
4.4.84 Non-recovery of sales tax - Rs 5.410 million .............................................. 329
4.4.85 Non-finalization of the matter regarding embezzlement of GPF
amount - Rs 2.837 million ........................................................................... 330
4.4.86 Wasteful/irrelevant expenditure from project account - Rs 2.064
million .......................................................................................................... 332
CHAPTER 5 ..................................................................................................... 334
PAKISTAN PUBLIC WORKS DEPARTMENT AND ESTATE OFFICE ............... 334
5.1 Introduction ................................................................................................. 334
5.2 Comments on Budget and Accounts (Variance Analysis) ........................... 335
5.3 Brief comments on the status of compliance with PAC‟s directives ........... 338
5.4 AUDIT PARAS ........................................................................................... 340
Irregularity and Non-compliance .............................................................................. 340
5.4.1 Award of works at higher rates - Rs 229.216 million .................................. 340
5.4.2 Non-recovery of Mobilization Advance - Rs 95.968 million ...................... 341
5.4.3 Irregular award of work - Rs 94.799 million ............................................... 343
5.4.4 Unjustified advance payment - Rs 53.758 million ....................................... 344
5.4.5 Irregular award of work due to excess over PC-I - Rs 25.533 million ........ 346
5.4.6 Unjustified payment - Rs 27.113 million ..................................................... 348
5.4.7 Unauthentic payment without recording detailed measurement of work
in Measurement Book - Rs 10.196 million .................................................. 349
Internal Control Weaknesses..................................................................................... 350
5.4.8 Overpayment due to non-application of price adjustment clause -
Rs 716.623 million ....................................................................................... 350
5.4.9 Unjustified payment of escalation beyond the provision of PC-I
/agreement - Rs 462.811 million .................................................................. 352
5.4.10 Irregular expenditure on work charged establishment - Rs 429.269
million .......................................................................................................... 354
5.4.11 Non-deduction of income tax - Rs 416.818 million ..................................... 356
5.4.12 Excess payment due to taking excessive measurement - Rs 364.881
million .......................................................................................................... 357
5.4.13 Wasteful expenditure due to abandoned work/non-completion of
works - Rs 271.342 million .......................................................................... 367
5.4.14 Unjustified inclusion of diesel in the component of asphaltic base
course & wearing course worth - Rs 261.006 million .................................. 369
5.4.15 Excess payment due to violation of approved design in revised PC-I -
Rs 173.189 million ....................................................................................... 370
5.4.16 Loss due to non-execution of work through original contractor -
Rs 160.057 million ....................................................................................... 371
5.4.17 Overpayment due to inclusion of higher rate of equipment in rate
analyses - Rs 153.364 million ...................................................................... 374
5.4.18 Unjustified payment due to changing mode of hard rock excavation
from blasting to hammering/chiseling - Rs 127.817 million ........................ 376
5.4.19 Overpayment due to non-adjustment of sorting and stacking cost -
Rs 127.134 million ....................................................................................... 378
5.4.20 Overpayment due to payment of certain quantity of gravelly soil and
soft rock excavation under hard rock excavation item beyond the
classified proportion - Rs 105.724 million ................................................... 379
5.4.21 Non-confiscation of security deposits - Rs 163.330 million ........................ 381
5.4.22 Undue retention of balance funds of PWP-II (placed under PLA-I and
PLA-III) after completion/handing over of respective schemes to the
TMAs - Rs 47.603 million ........................................................................... 383
5.4.23 Overpayment of escalation due to inclusion of inadmissible weightage
of coefficient - Rs 24.383 million ................................................................ 385
5.4.24 Overpayment/ undue benefit to contractor due to inadmissible
execution of higher rate - Rs 18.778 million ................................................ 387
5.4.25 Irregular/unauthentic payment -Rs 19.907 million and overpayment
due to non-deduction of crust - Rs 11.319 million ....................................... 390
5.4.26 Excess payment due to higher rates - Rs 16.803 million ............................. 392
5.4.27 Overpayment due to inadmissible cartage - Rs 12.804 million.................... 393
5.4.28 Blockage of Government funds - Rs 10.989 million ................................... 394
5.4.29 Overpayment due to non-adjustment of price of bitumen less used in
tack coat - Rs 10.299 million ....................................................................... 395
5.4.30 Non-recovery - Rs 10.282 million ............................................................... 396
5.4.31 Loss due to non-fulfillment of contractual obligation - Rs 9.814
million .......................................................................................................... 400
5.4.32 Unjustified payment - Rs 7.750 million and non-deduction of rock
filling from formation of embankment quantity - Rs 3.201 million ............ 401
5.4.33 Loss to Government - Rs 7.650 million ....................................................... 402
5.4.34 Excess payment of supervision charges - Rs 7.353 million ......................... 403
5.4.35 Overpayment due to avoidable/unnecessary item - Rs 7.213 million .......... 404
5.4.36 Overpayment on account of supervision charges - Rs 5.944 million ........... 405
5.4.37 Non-adjustment of structural excavated material - Rs 3.796 million .......... 407
5.4.38 Execution of defective/substandard work of Steel Reinforcement due
to utilization of steel having yield/ultimate strength less than normal -
Rs 2.765 million........................................................................................... 408
5.4.39 Overpayment due to non-adjustment of cost of excavated material -
Rs 2.736 million........................................................................................... 409
5.4.40 Excess payment due to non-deduction of GST Rs 1.939 million and
non-deduction of Tax on Services - Rs 4.159 million .................................. 410
5.4.41 Overpayment of price escalation due to application of incorrect base
rate of HSD - Rs 1.377 million .................................................................... 411
5.4.42 Unauthorized expenditure - Rs 1.117 million .............................................. 412
5.4.43 Undue burden over government exchequer of millions of rupees by
cutting the hard rock with excessive slope beyond the technical
requirements of site ...................................................................................... 413
ESTATE OFFICE ....................................................................................................... 415
Irregularity and Non-compliance .............................................................................. 415
5.4.44 Irregular allotments/possession and improper maintenance of General
Waiting Lists (GWLs) and non-uploading of GWLs on website in
violation of Accommodation Allocation Rules ............................................ 415
5.4.45 Irregular allotment of government owned accommodation/ house of
higher category in violation of Accommodation Allocation Rules .............. 419
5.4.46 Irregular allotment of government owned accommodation ......................... 422
5.4.47 Irregular allotments to Provincial government employees ........................... 423
Internal Control Weaknesses..................................................................................... 425
5.4.48 Non-ejecting retired employees / unauthorized occupants and non-
recovery of government dues from defaulters - Rs 13.314 million .............. 425
5.4.49 Recurring loss to government due to lack of interest on account
of non-recovery of rent from the allottees of shops and petrol pumps -
Rs 164.415 million ....................................................................................... 427
5.4.50 Loss to government due to non-recovery of ceiling rent from
unauthorized occupants of government accommodation - Rs 5.433
million .......................................................................................................... 429
5.4.51 Non-recovery of rental ceiling of government accommodation
Rs 4.877 million........................................................................................... 432
5.4.52 Non-ejectment / non-recovery of rent - Rs 1.448 million ............................ 435
5.4.53 Non-recovery of government dues from the ex-allottee - Rs 26.672
million .......................................................................................................... 438
5.4.54 Irregular retention of double accommodation and non-recovery of
dues - Rs 6.607 million ................................................................................ 440
5.4.55 Irregular/inauthentic issuance of NOC without recovery of outstanding
dues - Rs 3.445 million ................................................................................ 441
5.4.56 Non-retrieval of 78.17 Acres government land from unauthorized
occupants ..................................................................................................... 443
5.4.57 Non-cancellation of house / non-recovery of rental ceiling -
Rs 827,487 and less recovery of 5% HRA - Rs 171,800 ............................. 444
5.4.58 Non issuance of final No Demand Certificate, non-vacation of
government accommodation and non-clearance of government dues.......... 445
CHAPTER 6 ..................................................................................................... 448
FEDERAL GOVERNMENT EMPLOYEES HOUSING
FOUNDATION ............................................................................................. 448
6.1 Introduction ................................................................................................. 448
6.2 Comments on Budget and Accounts (Variance Analysis) ........................... 450
6.3 Brief comments on the status of compliance with PAC‟s directives ........... 451
6.4 AUDIT PARAS ........................................................................................... 452
Irregularity and Non-Compliance ............................................................................. 452
6.4.1 Execution of projects without appointment of Project Director ................... 452
6.4.2 Award of contract to an ineligible firm ........................................................ 453
6.4.3 Purchase of land from an ineligible firm - Rs 4,250 million ........................ 456
6.4.4 Loss to allottees due to purchase of land at higher rates - Rs 1,725
million .......................................................................................................... 457
6.4.5 Irregular payment of mobilization advance - Rs 756.250 million................ 459
6.4.6 Launching of housing scheme without mutation of 100 kanals of raw
land as Performance Security in the name of FGEHF - Rs 42.500
million .......................................................................................................... 460
Performance ............................................................................................................... 462
6.4.7 Non-development of housing scheme due to poor performance .................. 462
Internal Control Weaknesses..................................................................................... 463
6.4.8 Excess payment due to execution of quantities more than contract
agreement - Rs 805.566 million ................................................................... 463
6.4.9 Overpayment due to application of higher rate for similar item -
Rs 152.197 million ....................................................................................... 466
6.4.10 Overpayment of price escalation - Rs 99.215 million .................................. 468
6.4.11 Unjustified inclusion of item of Street Lights in BOQ of Infrastructure
Development Works in G-13 - Rs 83.113 million ....................................... 470
6.4.12 Non-recovery of defective work from the Design Consultants/
Contractor - Rs 69.825 million .................................................................... 471
6.4.13 Overpayment due to non-deduction of earth available from structural
excavation - Rs 55.078 million .................................................................... 474
6.4.14 Overpayment due to non-adjustment of prices because of de-escalation
- Rs 2.745 million ........................................................................................ 476
CHAPTER 7 ..................................................................................................... 479
NATIONAL CONSTRUCTION LIMITED ................................................. 479
7.1 Introduction ................................................................................................. 479
7.2 Comments on Audited Accounts ................................................................. 479
7.3 Brief comments on the status of compliance with PAC‟s directives ........... 487
7.4 AUDIT PARAS ........................................................................................... 489
Performance ............................................................................................................... 489
7.4.1 Slow execution/progress in execution of project - Rs 168.934 million ...... 489
7.4.2 Unjustified execution of Joint Venture beyond the company‟s
objectives depriving NCL from its legitimate revenue ................................ 491
CHAPTER 8 ..................................................................................................... 494
PAKISTAN HOUSING AUTHORITY FOUNDATION ............................. 494
8.1 Introduction ................................................................................................. 494
8.2 Comments on Budget and Accounts/Financial Statements (Variance
Analysis) ...................................................................................................... 495
8.3 Brief comments on the status of compliance with PAC‟s directives ........... 497
8.4 AUDIT PARAS ........................................................................................... 498
Irregularity and Non-Compliance ............................................................................. 498
8.4.1 Irregular award/implementation of development schemes without
approval of PC-I of the schemes .................................................................. 498
8.4.2 Non-determination of weightages of specified items violating standard
procedures and parameters of the PEC standard formula ............................ 500
8.4.3 Excess payment due to execution of items of work beyond BOQ
quantities - Rs 17.05 million ........................................................................ 503
8.4.4 Overpayment due to allowing payment for the excavated material /
soil used in filling - Rs 31.588 million......................................................... 504
8.4.5 Overpayment due to allowing higher rate of substituted / Non-BOQ
item - Rs 7.604 million ................................................................................ 506
8.4.6 Overpayment due to allowing transportation deemed included in
another pay item of work - Rs 12.029 million ............................................. 509
8.4.7 Excess payment due to non-deduction of compaction factor from
filling in area development - Rs 2.104 million ............................................ 510
8.4.8 Irregular construction of residential buildings without prior approval
of building plans from CDA ........................................................................ 511
8.4.9 Non-appointment of Project Directors in violation of Guidelines for
Project Management for proper execution of housing projects.................... 513
Performance ............................................................................................................... 515
8.4.10 Non-realization of receipt from allottees as per schedule of payment -
Rs 3,429.436 million .................................................................................... 515
8.4.11 Loss sustained by allottees due to non-completion/handing over of
apartments - Rs 529.920 million .................................................................. 516
Internal Control Weaknesses..................................................................................... 518
8.4.12 Loss due to delay in implementation/award of work - Rs 3,886.120
million .......................................................................................................... 518
8.4.13 Loss due to delay in implementation/award of works - Rs 409.492
million .......................................................................................................... 520
8.4.14 Acceptance of tenders having same scope, specifications, estimated
cost, location of work and date of tender, at different rates -
Rs 256.440 million ....................................................................................... 521
CHAPTER 9 ..................................................................................................... 526
HIGHER EDUCATION COMMISSION ......................................................... 526
9.1 Introduction ................................................................................................. 526
9.2 Comments on Budget and Accounts (Variance Analysis) ........................... 527
9.3 Brief comments on the status of compliance with PAC‟s directives ........... 530
9.4 AUDIT PARAS ........................................................................................... 531
Irregularity and Non-Compliance ............................................................................. 531
9.4.1 Construction of building without prior approval of Building Plan from
CDA resulting in imposition of fine/penalty - Rs 6.903 million ................. 531
9.4.2 Irregular procurement of equipment through quotations instead of
calling tenders - Rs 9.357 million ................................................................ 532
Internal Control Weaknesses..................................................................................... 534
9.4.3 Excess expenditure over and above the approved components in PC-I -
Rs 69.378 million......................................................................................... 534
9.4.4 Acceptance of tender beyond the permissible limit of PC-I - Rs 48.598
million .......................................................................................................... 535
9.4.5 Upward correction in bid rates in violation of tender instructions -
Rs 36.081 million......................................................................................... 536
9.4.6 Execution of plastering work below the agreed specification -
Rs 32.785 million......................................................................................... 539
9.4.7 Overpayment due to non-adjustment of prices of specified material -
Rs 6.717 million........................................................................................... 541
9.4.8 Undue benefit to contractor through extra item - Rs 3.405 million ............. 542
9.4.9 Overpayment due to acceptance of higher rates - Rs 1.101 million ............. 544
9.4.10 Overpayment due to excessive excavation - Rs 1.106 million ..................... 544
9.4.11 Overpayment due to allowing excessive weight of steel - Rs 1.003
million .......................................................................................................... 546
CHAPTER 10 ................................................................................................... 547
WORKERS WELFARE FUND/BOARDS .................................................. 547
10.1 Introduction ................................................................................................. 547
10.2 Comments on Budget and Accounts (Variance Analysis) ........................... 548
10.3 Brief comments on the status of compliance with PAC‟s directives ........... 549
10.4 AUDIT PARAS ........................................................................................... 550
Irregularity and Non-Compliance ............................................................................. 550
10.4.1 Unjustified payment of scholarships to children of employees of non-
entitled units/industries - Rs 58.037 million ................................................ 550
10.4.2 Non-recovery on account of rent of flats and shops - Rs 4.334 million
and non-revision of rates of shops ............................................................... 551
10.4.3 Non-allotment of 2040 completed flats - Rs 3,916.57 million .................... 552
10.4.4 Loss to the shelterless workers due to non-completion of project
within stipulated period and extending undue benefit to the sponsor -
Rs 869.050 million ....................................................................................... 554
10.4.5 Unauthentic payment to contractor without detailed measurement of
works - Rs 440.469 million .......................................................................... 556
10.4.6 Non-recovery of contribution and penalty from defaulting firms -
Rs 300.48 million......................................................................................... 557
10.4.7 Inadmissible payment on account of price adjustment for extended
period of contract - Rs 44.766 million ......................................................... 559
10.4.8 Award of Talent Scholarship to ineligible employees - Rs 14.943
million .......................................................................................................... 560
10.4.9 Payment on account of award of marriage/death grants to ineligible
employees - Rs 13.660 million .................................................................... 562
10.4.10 Inadmissible payment due to violation of specification/drawing -
Rs 5.289 million........................................................................................... 564
10.4.11 Payment on account of removal of debris in violation of contract
agreement - Rs 4.631 million ....................................................................... 566
10.4.12 Procurement of vehicles without provision in BOQ - Rs 4.074 million ...... 567
10.4.13 Payment of excessive quantities without approval - Rs 17.810 million
and overpayment due to separate payment of scaffolding - Rs 3.333
million .......................................................................................................... 568
10.4.14 Overpayment due to application of incorrect rate - Rs 3.040 million .......... 569
10.4.15 Hiring of Legal Advisor in violation of rules - Rs 2.683 million ................. 571
10.4.16 Non-mutation of land in the name of Workers Welfare Fund (2,119
Kanal 10 Marla) ........................................................................................... 572
Annexure-1: MFDAC ....................................................................................... 574
Annexure-2: Comments on Internal Controls ................................................... 575
i
ABBREVIATIONS AND ACRONYMS
ACWC
Asphaltic Concrete Wearing Course
ADA
Airport Development Agency
ADB
Asian Development Bank
ADP
Annual Development Programme
AER
Assistant to Employer Representative
AGPR
Accountant General Pakistan Revenues
AGR
Annual Ground Rent
AIIAP
Allama Iqbal International Airport
AIMS
Airport Information Management System
AMP
Annual Maintenance Plan
APM
Airport Manager
ASF
Airport Security Force
BBIAP
Benazir Bhutto International Airport
BCS
Building Control Section
BOD
Board of Directors
BOQ
Bill of Quantities
BOT
Build, Operate and Transfer
BUP
Build up Property
CAA
Civil Aviation Authority
CATI
Civil Aviation Training Institute
CBA
Collective Bargaining Agent
CCD
Central Civil Division
CDA
Capital Development Authority
CDR
Call Deposit Receipt
CDL
Cash Deposit Loan
CDWP
Central Development Working Party
Cft
Cubic Foot
CGA
Controller General of Accounts
CoC
Condition of Contract
CPEC
China-Pakistan Economic Corridor
CPWA
Central Public Works Accounts
CPWD
Central Public Works Department
CSR
Composite Schedule of Rates
cu.m
Cubic Meter
D.G.
Director General
ii
DAC
Departmental Accounts Committee
DBA
Directorate of Budget and Accounts
DCO
District Coordination Officer
DDO
Drawing and Disbursing Officer
DDWP
Departmental Development Working Party
DLP
Defect Liability Period
DMA
Directorate of Municipal Administration
DP
Draft Para
DST
Double Surface Treatment
DWP
Department Working Party
EALS
Environment Afforestation Land and Social
E&M
Electrical and Mechanical
ECC
Economic Coordination Committee
ECNEC
Executive Committee of the National Economic Council
EIA
Environmental Impact Assessment
EO
Estate Office
EOBI
Employees Old-age Benefit Institution
EOI
Expression of Interest
EOT
Extension of Time
EPC
Engineering, Procurement and Construction
EPC
Escalation Payment Certificate
ETTM
Electronic Traffic Toll Management
FA
Financial Advisor
FBR
Federal Board of Revenue
FGEHF
Federal Government Employees Housing Foundation
FIA
Federal Investigation Agency
FIDIC
Federation Internationale Des Ingenieurs-Conseils
(International Federation of Consulting Engineers)
FOR
Free on Rail
FWO
Frontier Works Organization
FY
Financial Year
GB
Gilgit-Baltistan
GFR
General Financial Rules
GPF
General Provident Fund
GVM
Gross Vehicle Mass
GVW
Gross Vehicle Weight
iii
GWL
General Waiting List
HEC
Higher Education Commission
HQ
Headquarters
HSD
High Speed Diesel
HVAC
Heating, Ventilating and Air-conditioning
IB
Instructions to Bidders
ICAO
International Civil Aviation Organization
ICB
International Competitive Bidding
ICT
Islamabad Capital Territory
IEE
Initial Environmental Examination
IPC
Interim Payment Certificate
IPDF
Infrastructure Project Development Facility
ITS
Intelligent Transport System
JCR
Japan Credit Rating
JIAP
Jinnah International Airport
JV
Joint Venture
KIBOR
Karachi Interbank Offered Rate
KKH
Karakoram Highway
KLM
Karachi Lahore Motorway
KP
Khyber Pakhtunkhwa
LAC
Land Acquisition Collector
LED
Light Emitting Diodes
MB
Measurement Book
MCI
Metropolitan Corporation Islamabad
MES
Military Engineering Service
MFDAC
Memorandum for Departmental Accounts Committee
MoC
Ministry of Communications
MoU
Memorandum of Understanding
MPO
Machinery Pool Organization
MSSR
Monopulse Secondary Surveillance Radar
NAM
New Accounting Model
NCB
National Competitive Bidding
NCL
National Construction Limited
NDC
No Demand Certificate
NESCOM
National Engineering and Scientific Commission
NESPAK
National Engineering Services of Pakistan
iv
NGIA
New Gwadar International Airport
NHA
National Highway Authority
NHC
National Highway Council
NHEB
National Highway Executive Board
NHIP
National Highway Improvement Programme
NIIAP
New Islamabad International Airport Project
NIT
Notice Inviting Tender
NLC
National Logistics Corporation
NOC
No Objection Certificate
NTRC
National Transport Research Centre
O&M
Operation and Management
P&CA
Procurement and Contract Administration
PAC
Public Accounts Committee
PACRA
Pakistan Credit Rating Agency
PAO
Principal Accounting Officer
PAR
Performance Audit Report
PCC
Plain Cement Concrete
PC-I
Planning Commission (Proforma-I)
PCFC
Pak-China Friendship Centre
PD&R
Planning, Development and Reform
PDP
Proposed Draft Para
PEC
Pakistan Engineering Council
PHA
Pakistan Housing Authority
PHAF
Pakistan Housing Authority Foundation
PIAC
Pakistan International Airline Corporation
PLA
Personal Ledger Account
PM
Periodic Maintenance
PMC
Present Management Consultants
PMDC
Pakistan Medical and Dental Council
PMO
Project Management Office
PMU
Project Management Unit
POL
Petroleum, Oil and Lubricants
PPRA
Public Procurement Regulatory Authority
PPWD
Pakistan Public Works Department
PSDP
Public Sector Development Programme
PSO
Pakistan State Oil
v
PSR
Primary Surveillance Radar
MT
Motor Transport
PWD
Public Works Department
PWP
Peoples Works Programme
PWWB
Punjab Workers Welfare Board
RCC
Re-inforced Cement Concrete
RCB
Rawalpindi Cantonment Board
RDA
Rawalpindi Development Authority
RFP
Request for Proposal
Rft
Running Foot
RM
Routine Maintenance
RMA
Road Maintenance Account
ROW
Right of Way
SAR
Special Audit Report
SBD
Standard Bidding Documents
SDGs
SECP
Sustainable Development Goals
Securities and Exchange Commission of Pakistan
SH
Sub-Head
SOP
Standard Operating Procedure
SP
Special Provisions
SRO
Statutory Regulatory Order
TST
Triple Surface Treatment
VO
Variation Order
WBM
Water Bound Macadam
WWB
Workers Welfare Board
WWF
Workers Welfare Fund
vi
vii
Preface
Articles 169 and 170 of the Constitution of the Islamic Republic of
Pakistan 1973, read with Sections 8 and 12 of the Auditor General
(Functions, Powers and Terms and Conditions of Service) Ordinance,
2001 require the Auditor General of Pakistan to conduct audit of the
accounts of the Federal and of the Provincial Governments and the
accounts of any authority or body established by, or under the control of,
the Federal or a Provincial Government.
The report is based on audit of the accounts of CDA, CAA, NHA,
Pak. PWD, EO, FGEHF, NCL, PHAF, HEC and WWF/Bs for the
financial year 2016-17 and also contains some audit observations for the
financial years 2013-14, 2014-15 and 2015-16. The Directorate General
Audit Works (Federal), Islamabad conducted audit during 2017-18 on a
test check basis 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 findings carrying value of Rs 1 million or
more. Relatively less significant issues are listed in the Annexure-1 of the
Audit Report. The audit observations listed in Annexure-1 shall be
pursued with the Principal Accounting Officers at the DAC level and in all
cases where the PAO does not initiate appropriate action, the audit
observations will be brought to the notice of the 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 the internal controls to
avoid recurrence of similar violations and irregularities.
Audit observations included in this Audit Report have been
finalized after due consideration of written responses of the audited
entities and discussions in DAC meetings.
The Audit Report is submitted to the President of Pakistan in
pursuance of Article 171 of the Constitution of the Islamic Republic of
Pakistan 1973, for causing it to be laid before the Parliament.
Sd/-
Islamabad
(Javaid Jehangir)
Dated: 12
th
February, 2018
Auditor General of Pakistan
viii
ix
EXECUTIVE SUMMARY
The Directorate General Audit Works (Federal), Islamabad, carried
out audit of the Federal Government entities engaged in construction
works, namely, Capital Development Authority, Civil Aviation Authority,
National Highway Authority, Pakistan Public Works Department, Estate
Office, Federal Government Employees Housing Foundation, National
Construction Limited, Pakistan Housing Authority Foundation, Higher
Education Commission (PSDP/Infrastructure development works executed
by federally chartered universities/institutions), Workers Welfare
Fund/Boards and Ministry of Planning, Development and Reform (Special
Project Cell/Afghan Projects). These entities function under the
administrative control of various Principal Accounting Officers and
consume major portion of the funds provided under the Public Sector
Development Programme.
The Directorate General Audit Works (Federal), Islamabad, has
existing human resource of 155 personnel including officers and staff. The
annual budget of the Directorate General for the current financial year is
Rs 160.350 million. The Directorate General is mandated to conduct
Financial Attest Audit, Compliance with Authority Audit and Performance
Audit of civil works including mega projects of Federal Government. As
part of its Audit Plan (2017-18), for the Compliance with Authority Audit,
the Directorate General Audit Works (Federal) conducted audit of 85
formations, out of the 264 under its audit jurisdiction during Phase-I of the
Audit Plan, by deputing fifteen (15) Field Audit Teams with an input of
3,582 man-days. Moreover, regularity audit of ten (10) formations relating
to CDA, NHA, PHAF and PD&R were conducted in Phase-II of Audit
Plan of 2016-17 and audit observations have been included in this Audit
Report. One (01) Special Audit and nine (09) Performance Audits are also
under process, reports of which would be published separately.
x
The objectives of audit were to:
i. ascertain whether or not the moneys shown as expenditure
in the accounts were authorized for the purpose for which
they were spent;
ii. observe whether the expenditure incurred is in conformity
with the laws, rules and regulations framed to regulate the
procedure for expending public money;
iii. ascertain whether every item of expenditure is incurred
with the approval of the competent authority in the
Government for expending the public money;
iv. examine propriety of transactions to ascertain whether due
vigilance has been exercised in respect of expenditure
incurred from public moneys;
v. review, analyze and comment on impact and implications
of various government policies relating to the audited
entities;
vi. review, analyze and comment on budget, accounts,
financial statements, balance sheet, etc. and
vii. verify that rules and procedures were followed in
assessment and collection of revenues.
i. Scope of Audit
Auditable expenditure under the jurisdiction of Directorate General
Audit Works (Federal), Islamabad for the year 2016-17 was
Rs 419,483.449 million covering 264 formations under eight (08)
PAOs. Out of this, the Directorate General Audit Works (Federal)
audited an expenditure of Rs 118,445.660 million under the
category of compliance audit, which in terms of percentage is
28.24% of auditable expenditure. In addition, as part of its Audit
Plan (2017-18), the Directorate General Audit Works (Federal)
conducted a financial attest audit of the accounts of Pakistan Public
Works Department (Government of Pakistan) and nine (09)
Foreign Aided Projects executed by NHA. The Financial Attest
xi
Audit Report of Pak. PWD has been published separately. The
Financial Attest Audit Reports of Foreign Aided Projects have
been sent to the stakeholders/development partners through
Economic Affairs Division. The significant issues of financial
governance and project management relating to Foreign Aided
Projects are also included in this Audit Report.
The audit coverage also includes the revenue collection amounting
to Rs 142,692.513 million against estimates of Rs 176,867.477
million by the audited entities.
ii. Recoveries at the instance of audit
The Directorate General Audit Works (Federal), Islamabad pointed
out „overpayments‟ and „recoverables‟ amounting to Rs 11,303.53
million. The management accepted the stance of Audit to the
extent of Rs 5,638.62 million. Recovery amounting to Rs 238.97
million was made by the audited entities and verified by Audit till
the finalization of this Audit Report. Recovery of Rs 174.21
million out of Rs 231.97 million was not in the notice of the
executives before audit.
In addition to the above stated recoveries, a sum of Rs 782.23
million was recovered by audited entities in relation to audit
observations pertaining to previous years. Total recovery of
Rs 1,021.20 million was verified by Audit during 2017-18 till the
finalization of this Audit Report. The sum included Rs 594.34
million pertaining to overpayments and Rs 426.86 million on
account of revenue receipt expedited.
iii. Holding of Departmental Accounts Committee meetings
Para 5 (f) of System of Financial Control and Budgeting, 2006
issued by Finance Division, Government of Pakistan provides that
the Principal Accounting Officer/Additional Secretary or
equivalent shall regularly hold meetings of DAC as Chairperson,
xii
with Financial/Deputy Financial Adviser and Director General
(Audit) as Members and Chief Finance and Accounts Officer as
Member/Secretary to watch the processing of Audit & Inspection
Reports and decide upon appropriate measures so as to aid and
accelerate the process of finalization of Audit Report.
The Principal Accounting Officers are regularly requested to
convene DAC meeting to discuss Audit Reports. During the period
from 1
st
July, 2017 till the finalization of this Audit Report, thirty-
one (31) DAC meetings were convened by various PAOs. Audit
paras included in this Audit Report have been discussed in DAC
meetings. However, PAOs of certain departments/authorities have
not convened DAC meetings to discuss audit paras included in this
Audit Report despite requests made by Audit.
iv. Audit Methodology
Desk audit was carried out to understand systems, procedures and
control environment of audited entities. Permanent files of the
audited entities were updated and utilized for understanding the
institutional framework. Detailed planning, documentation of
findings and quality assurance was conducted. The desk audit also
included in-house meetings of Field Audit Teams for experience
sharing and reviewing potential risk areas. A Risk Area Digest
earmarking potential risk areas was prepared for guidance of the
Field Audit Teams. Audit methodology included:
i. Updating the understanding of the business processes with
respect to control mechanism.
ii. Identification of key controls on the basis of prior years‟
audit experience/special directions from the Auditor
General‟s office.
iii. Prioritizing risk areas by determining significance and risks
associated with the identified key controls.
iv. Design/update audit programmes for testing the identified
risk conditions.
xiii
v. Selection of audit formations on the basis of:
a. Materiality/significance
b. Risk assessment
vi. Selecting samples as per sampling criteria/high value
items/key items.
vii. Execution of audit programmes.
viii. Identification of weaknesses in internal controls and
development of audit observations and recommendations
relating to non-compliance of rules, regulations and
prescribed procedures.
ix. Evaluating results.
x. Reporting.
xi. Follow-up.
v. Audit Impact
There has been a positive change in the responsiveness of audited
entities towards audit due to continuous functioning of Public
Accounts Committee in the recent years. The viewpoint of Audit
on financial/technical issues has been acknowledged by DAC/PAC
and administrative departments which is a healthy sign for the
financial and regulatory discipline in the audited entities.
Following are instances of major audit impact:
i. While discussing Para 3.4.4 of Audit Report on the
accounts of CAA for the year 2016-17, PAC in its meeting
held on 7.11.2017, issued directions to all PAOs that tender
documents should not be issued to any participating
firm/JV unless it has a valid registration with the Pakistan
Engineering Council. PAC also directed that PEC should
devise a mechanism for prompt processing of registration
of firms/JVs particularly of foreign firms. (National
Assembly Secretariat O.M. No. F.10(1)/2016-17/2017-PAC
dated 8
th
November, 2017)
ii. Pakistan Public Works Department accounted for receipts
on account of Federal Lodges in the Summary of
xiv
Appropriation Accounts so as to depict actual picture of
recovery adjusted in reduction of expenditure.
iii. CAA agreed that in future rate running contracts will be
executed through open tenders. (DP.30)
iv. DAC directed CAA that in future provision be made
through special condition that additional guarantee will be
obtained for upward revision of contract cost. (DP. 60, 175)
v. DAC directed CAA that that all tender notices/eligibility
criteria should be in line with PEC bye-laws and PPRA
rules so that sanctity of competitive bidding process is not
hampered and it is not restricted by imposing unnecessary
conditions. (DP. 119)
vi. CAA deleted specified item from variable portion of
Appendix-C of the contract agreement, having cost impact
less than 5%. (DP. 162, 163)
vii. NHA issued a circular to consultants to use Statistical
Bulletins published by Federal Bureau of Statistics (FBS)
as source of index for steel to remove discrepancy. (DP.
129)
viii. DAC observed with concern that purpose of formation of
Joint Venture is to provide an opportunity for local firm to
participate in unique projects and also a source of
technology transfer and capacity building of local firms,
which was not pursued actively by NHA. DAC directed
NHA to pursue it with the contractor, incorporate
obligations under Corporate Social Responsibility and
must involve local firms in future. (DP. 254)
ix. DAC directed NHA that it may be ensured that 40% of the
project vehicles would be purchased by the contractor of
Havelian-Thakot Project and the same be handed over to
NHA after completion of the project, as a property of NHA.
(DP.261)
xv
x. In order to ensure transparency of tendering process, NHA
issued instructions that separate letter of rebate may not be
accepted while evaluating tenders. (DP.233)
xi. DAC directed NHA that a framework be devised to link the
market fluctuations with Composite Schedule of Rates for
proper estimation of cost and evaluation of works.
Frequency of revision of CSR be rationalized for proper
estimation. (DP. 124)
xii. DAC directed that NHA should adopt more scientific
approach and proper computer generated count/data for
determination of proper reserved price for revenue contract.
(DP. 113)
xiii. DAC directed NHA to review the provision of NHA Code
wherein %age has been given rather than absolute financial
value for power of approval of variation order. DAC
constituted a Committee under the chairmanship of
Additional Secretary, Ministry of Communications to
examine the increasing trend of variation orders in
execution of works and financial of powers of Members to
approve the variation. (DP. 46, 179)
xiv. DAC directed NHA to generate pre-numbered bills to the
users of Right of Way and book these as receivables in the
financial statements of NHA in accordance with
international financial reporting standards. (Para 4.4.30 AR
2015-16, DAC meeting held on 31
st
October, 2017)
xv. DAC directed the management of Pakistan Institute of
Engineering and Applied Sciences, Islamabad that a
separate procedure regarding escalation/de-escalation and
similar financial issues relating to HEC PSDP funded
projects may be devised. (DP.1)
xvi
vi. Comments on Internal Controls and Internal Audit
Department
The management of audited entities is generally not sensitized to
the imperative of strengthening internal control environment
within the organizations. The present report has identified a range
of irregularities, which have been recurring over the years. The
recurrence of these irregularities indicates the systemic issues were
cropping up either due to inadequate oversight mechanism or
ineffective implementation of internal controls. The pre-auditing,
expected to apply internal control checks during processing of
claims for payment, was weak mainly due to the influence of
management.
Although CDA, CAA, NHA and Pak. PWD have an internal audit
setup, but the financial irregularities observed during the present
audit reflect that this function was not exercised effectively. The
efficient functioning of internal audit would have helped the
management in effective implementation of internal controls and
strengthening the internal control environment in audited entities.
Audit underscores the need for addressing the systemic issues,
which are instrumental in occurrence of every irregularity, through
a detailed review of the financial management practices.
In case of other audited entities (FGEHF, PHAF, NCL), which do
not have internal audit function, Audit emphasizes the need for
establishing an internal audit regime in these organizations,
directly reporting to the Principal Accounting Officers.
Comments on internal controls, highlighting irregularities are
given at Annexure-2.
xvii
vii. Key audit findings of the report
Audit Report contains irregularities which have been clustered as
under just to present a graphical view:
i. Non-adherence to Public Procurement Rules, Planning
Commission‟s guidelines and Land Disposal Regulations
while procuring works, services, goods, lease, etc.
ii. Recoverable dues and overpayments to the contractors due to
non-adherence to provisions of contract agreement, contract
specifications and clauses, etc.
iii. Miscellaneous irregularities, including unauthorized
expenditure, etc.
Monetary value of audit observations against these categories is
shown in the table and chart below:
Amount (Rs in million)
16,992.67
11,303.53
90,148.92
118,445.12
Mis-
procurements
14%
Overpayments/
recoverables
10%
Miscellaneous
irregularities
76%
Categories of Irregularities
xviii
Major audit findings included in this Audit Report are:
i. Plot for the development of wholesale super market in Sector
I-11/4, Islamabad was allotted to M/s Metro Cash & Carry
Pakistan Private Limited in violation of Islamabad Land
Disposal Regulations 2005 regarding open auction and no
mechanism/reserved price yardstick was followed. Besides,
CDA Board approved auction of plot for allotment of 8 acres
but possession was given for 9 acres of land.
1
ii. Excessive billing was paid by CDA to IESCO due to non-
deducting the effect of load shedding and un-illuminated
lights from the monthly bill payments. The payment for
excessive billing was a result of non-installation of energy
meter over the entire system and bills were raised on the
basis of units consumed during average 12 hours per day.
Fifty seven percent (57%) street lights remained un-
illuminated despite incurring expenditure involving
procurement of stores and salaries of a fleet of employees.
2
iii. CDA approved layout plan of a housing scheme despite the
fact that it failed to prove the land ownership.
3
iv. Revenue of Rs 5,040.462 million on account of licence fee,
toll collection, rent, property tax, operation and maintenance
charges, utility charges, entrée fee, etc. was not realized by
CDA, CAA, NHA, Estate Office and WWB.
4
v. Overpayments of Rs 3,349.567 million were made by CDA,
NHA, Pak. PWD, FGEHF, HEC and WWB due to price
escalation/de-escalation and incorrect interpretation/
1
Para 2.4.5
2
Para 2.4.6
3
Para 2.4.8
4
Paras 2.4.1, 2.4.38, 2.4.41, 2.4.46, 2.4.50, 2.4.60, 3.4.11, 3.4.23, 4.4.42, 4.4.64, 4.4.78,
5.4.48, 5.4.49, 5.4.50, 5.4.51, 5.4.52, 5.4.53, 5.4.54, 5.4.55, 5.4.57, 10.4.2
xix
application of price adjustment clause of the respective
contract agreements.
5
vi. Overpayments of Rs 3,786.201 million were made by CDA,
CAA, NHA, Pak PWD, FGEHF, PHAF, HEC and WWBs
due to higher rates, excessive measurements, separate
payment of in-built component, non-adherence to
specifications, foreign exchange difference, non-adjustment
of advances, non-adjustment of rates beyond technical
requirement, inadmissible component, insurance premium,
non-recoveries of taxes, etc.
6
vii. Procurement of works/services valuing Rs 16,992.668
million was made by CDA, CAA and NHA without calling
open tenders/in violation of Public Procurement Rules.
7
viii. Works valuing Rs 1,861.056 million were awarded by CDA,
CAA and PHAF without PC-I in violation of Project
Management Guidelines.
8
ix. Payments of Rs 1,690.221 million were made by CDA,
CAA, Pak. PWD and WWB against the „work done‟ without
recording mandatory and certified measurements in the
respective Measurement Books.
9
x. Pay & allowances and other employee related benefits
amounting to Rs 177.168 million were paid by CDA and
NHA in violation of rules.
10
5
Paras 2,4.53, 3.4.30, 4.4.35, 4.4.46, 4.4.53, 4.4.54, 4.4.59, 4.4.60, 4.4.74, 4.4.79, 4.4.81,
5.4.8, 5.4.9, 5.4.23, 5.4.41, 6.4.10, 6.4.14, 9.4.7, 10.4.7
6
Paras 2.4.18, 2.4.19, 2.4.28, 2.4.29, 2.4.31, 2.4.43, 2.4.45, 2.4.48, 2.4.52, 2.4.56, 2.4.57,
3.4.13, 3.4.17, 3.4.19, 3.4.21, 3.4.25, 3.4.28, 3.4.29, 4.4.19, 4.4.43, 4.4.45, 4.4.48, 4.4.50,
4.4.61, 4.4.70, 4.4.71, 4.4.73, 4.4.77, 4.4.82, 4.4.84, 5.4.11, 5.4.17, 5.4.19, 5.4.20, 5.4.25,
5.4.27, 5.4.29, 5.4.30, 5.4.32, 5.4.35, 5.4.36, 5.4.37, 5.4.39, 5.4.40, 6.4.9, 6.4.12, 6.4.13,
8.4.5, 8.4.6, 8.4.7, 9.4.9, 9.4.10, 9.4.11, 10.4.6, 10.4.10, 10.4.13, 10.4.14
7
Paras 2.4.13.2, 2.4.15, 2.4.20, 2.4.22, 2.4.27, 2.4.54, 3.4.2, 3.4.4, 3.4.8, 4.4.4, 4.4.5,
4.4.8, 4.4.20
8
Paras 2.4.10, 2.4.12, 2.4.13.1, 3.4.1, 8.4.1
9
Paras 2.4.24, 3.4.12, 5.4.7, 10.4.5
10
Paras 2.4.2, 2.4.14, 2.4.23, 2.4.59, 4.4.62
xx
A list, indicating number of audit observations, made during the
Audit Year 2017-18, which are considered to be materially less
significant for reporting to the PAC, is at Annexure-1 (MFDAC).
viii. Recommendations
i. Internal controls be strengthened to ensure that irregularities,
as reported in this Audit Report, are preempted and fair value
for money is obtained from public spending.
ii. Fact finding inquiries and disciplinary actions be initiated to
fix responsibility in respect of cases involving overpayments,
losses and irregular expenditure.
iii. All receipts be realized in a timely manner and deposited in
the treasury/relevant account.
iv. Public Procurement Rules, 2004 be adhered to in letter and
spirit while making procurement of goods, services and
works.
v. Coordinated measures be put in place to remove
encroachments on state lands and structures.
vi. Detailed internal controls should be developed for payment
to the affectees on accounts of acquisition of land.
vii. The Planning Commission‟s guidelines for approval and
funding of projects (project management life cycle) be
followed in letter and spirit.
viii. The contractual obligations be monitored by the management
at every stage of contract execution.
ix. Advances to the contractors be granted strictly in line with
contractual provisions and recovered accordingly.
x. Public money be kept in authorized accounts only and
unspent balances be transferred to government.
xxi
xi. Reconciliation of expenditure/revenue be carried out
regularly.
xii. Timely convening of DAC meetings and compliance to the
directives of DAC and PAC be ensured.
xiii. Internal controls be periodically reviewed and made capable
of forestalling chances of pilferage and defalcation.
xiv. The Internal Audit Wings in the audited entities be instituted/
strengthened to act as facilitator in this regard.
xxii
SUMMARY TABLES AND CHARTS
xxiii
SUMMARY TABLES AND CHARTS
Table 1: Audit Work Statistics
(Rs in million)
S.
No.
Description
No.
Budget
(Expenditure &
Receipts)
1.
Total Entities (Ministries/PAOs) in
Audit Jurisdiction
8
688,637.586*
2.
Total formations in audit jurisdiction
264
3.
Total Entities(Ministries/PAOs) Audited
8
4.
Total Formations Audited
85
291,746.809 **
5.
Audit Inspection Reports
85
6.
Special Audit Reports
01
-
7.
Performance Audit Reports
09
-
8.
Other Reports
a. Financial Attest of Pak. PWD
Appropriation Accounts***
b. Foreign Aided Projects****
01
09
16,191.129
60,081.360
* This figure includes budget estimates of respective audited entities (Rs 511,770.109
million) and their estimated revenue receipts (Rs 176,867.477 million) for the year
2016-17. Actual expenditure was Rs 419,483.449 million whereas actual receipts were
Rs 142,692.513 million.
**This figure represents total budget allocation (Rs 207,805.337 million) and estimated
receipts (Rs 83,941.472 million) of the formations audited. The actual expenditure of the
formations audited was Rs 118,445.660 million and actual receipts were Rs 54,480.201
million.
*** Actual expenditure against final grants of Appropriation Accounts of Pak PWD is
Rs 15,095.610 million.
**** Actual expenditure on account of 09 Foreign-Aided Projects is Rs 120,057.855
million which includes Rs 5,444.996 million local component and Rs 119,612.889
million foreign component.
xxiv
Table 2: Audit Observations classified by Categories
(Rs in million)
Table 3: Outcome Statistics
(Rs in million)
S.
No
Description
Expenditure
on
Acquiring
Physical
Assets
(Procurement)
Civil Works
Receipts
Others
Total
current
year
Total last
year
1.
Outlays
Audited
2,151.96
178,605.89
83,941.47
27,047.49
291,746.81
291,084.08
2.
Monetary
Value of
Audit
Observations
668.34
70,428.02
42,921.15
4,427.61
118,445.12
165,453.81
3.
Recoveries
pointed out
at the
instance of
Audit
32.50
6,705.97
4,532.87
32.19
11,303.53
18,329.98
4.
Recoveries
Accepted/
Established
at the
instance of
Audit
-
2,416.87
3,221.75
-
5,638.62
3,975.17
5.
Recoveries
Realized at
the instance
of Audit
-
594.34
426.86
-
1,021.20
2,782.60
Note: Recovery realized includes total recovery verified from July 2017 to
January 2018.
S. No.
Description
Monetary Value of Audit
Observations
1.
Unsound asset management
48.40
2.
Weak financial management
3,396.35
3.
Weak internal controls relating to
financial management
115,000.37
Total
118,445.12
xxv
Table 4: Irregularities pointed out
(Rs in million)
S.
No.
Description
Monetary Value of
Audit Observations
1.
Violation of rules and regulations and
violation of principles of propriety in public
operations
11,828.42
2.
Reported cases of fraud, embezzlement, theft
and misuse of public resources
31.41
3.
Accounting Errors (accounting policy
departure from NAM, misclassification, over
or understatement of account balances)
1,776.38
4.
Quantification of weaknesses of internal
control systems
99,170.29
5.
Recoveries and overpayments, representing
cases of established overpayment or
misappropriation of public monies
5,638.62
Table 5: Cost-Benefit Ratio
(Rs in million)
S.
No.
Description
Current Year
Last Year
1.
Outlays audited
291,746.81
291,084.08
2.
Expenditure on Audit
160.35
149.69
3.
Recoveries realized at the
instance of Audit
1,021.20
2,782.60
Cost-Benefit Ratio
1:6.37
1:18
Note: Current year‟s figures are upto January 2018 while previous year‟s
figures are for whole year from 1
st
July, 2016 to 30
th
June, 2017.
xxvi
1
CHAPTER 1
PUBLIC FINANCIAL MANAGEMENT ISSUES
(PAKISTAN PUBLIC WORKS DEPARTMENT)
Pakistan Public Works Department (Pak. PWD) maintains its
accounts as a self-accounting entity. Directorate General Audit Works
(Federal), Islamabad conducted Financial Attest Audit of the
Appropriation Accounts of Pak. PWD as per Section 7 of the Auditor
General‟s (Functions, Powers and Terms and Conditions of Service)
Ordinance, 2001. The results of Financial Attest Audit were reported to
the Department through Management Report. Audit para on budget
utilization and accounting procedures is as follows:
1.1 AUDIT PARA
1.1.1 Unauthorized transfer of funds from lapsable PLA-I to non-
lapsable PLA-IV - Rs 1,776.376 million
The Finance Division (Budget Wing), Government of Pakistan
vide letter No. F-3(20) BR/II/94-B-Vol-I/313 dated 15
th
April, 1997
allowed operation of four (4) Personal Ledger Accounts (PLAs) in
Pakistan Public Works Department (Pak. PWD) with zero balances
operative from 1
st
July, 1997, as detailed below:
PLA No.
Description
Nature
PLA-I
Annual Development Programme
Lapsable
PLA-II
Maintenance only
Lapsable
PLA-III
Deposit Works
Non-lapsable
PLA-IV
Other Deposits such as Contractor‟s
Securities, GP Fund receipts, etc.
Non-lapsable
Audit noticed that the Executive Engineers of fifteen (15) divisions
of Pak. PWD transferred a sum of Rs 1,776.376 million from PLA-I
(lapsable) to PLA-IV (non-lapsable) on account of withheld amounts of
contractor‟s claims, retention of excess security deposit, etc., as detailed in
2
Annexure-A and booked the expenditure against work done during the
financial year 2016-17.
Audit was of the view that these transactions not only violated the
PLA system in a planned manner but also casts serious doubts on the
system of internal controls. By converting the lapsable nature of funds into
non-lapsable funds, the mandate of the Parliament was infringed upon by
Executive Engineers.
Audit pointed out the irregularity during certification audit of the
appropriation accounts of Pak PWD in September-October 2017. The
matter was discussed with the Controller General of Accounts in
December 2017 wherein it was informed that action had been initiated
against Divisional Accounts Officers for such violation. Director General
Pak PWD informed that the Executive/Divisional Offices of Pak PWD
received the major portion of funds for execution of the development
schemes pertaining to Parliamentarians under Sustainable Development
Goals (SDGs) Programme during the month of May and June 2017.
Therefore, utilization of the same in a very short span of time was not
possible as codal formalities were required to be fulfilled before physically
taking the schemes in hand. Moreover, on the other side as the release of
funds was a cumbersome process, there was always pressure from the
Parliamentarians that these funds should not be lapsed in any case and that
development schemes be completed.
Audit contended that transfer of funds to non-lapsable account and
booking the same as expenditure without physical execution of work was
in violation of rules and as a matter of fact it led to qualification of the
accounts. Audit, however, endorsed that a proper case be prepared for
taking up the issue with Finance Division to regulate the funding and
release mechanism.
The matter was also discussed in DAC meeting held in December
2017. Audit apprised that PAC while discussing similar issue had directed
that PAO shall be personally responsible for such irregularity.
3
The DAC directed the department to stop this practice and action
be taken against all persons at fault. DAC further decided that the matter
may be taken up with Finance Division to sensitize the matter that due to
the delayed release of funds, works could not be completed before 30
th
June which resulted in withholding of amount by the executing
department.
Audit recommends that the irregularity be investigated to fix the
responsibility against persons at fault.
4
CHAPTER 2
CAPITAL DEVELOPMENT AUTHORITY
(CAPITAL ADMINISTRATION AND DEVELOPMENT DIVISION)
2.1 Introduction
Capital Development Authority (CDA), established under the CDA
Ordinance promulgated on 27
th
June, 1960, is governed through an
Executive Board, constituted by the Federal Government, under Section 6
of CDA Ordinance, 1960. Secretary, Capital Administration and
Development Division is the Principal Accounting Officer of CDA. The
major objectives/services entrusted to CDA include:
Development of new Sectors
Municipal Services
Allotment and transfer of plots
Maintenance of Sectors
Provision of health and medical services in Islamabad and
Federal Capital Territory
Traffic engineering and signals control
Rescue Service 1122 in Islamabad
Financial Advisor/Member (Finance), CDA is in-charge of the
Finance/Accounts Wing and is responsible for preparation of budget and
allocation/distribution of funds to different Divisions/Formations.
Major resources of receipts of CDA include:
Revenue generated from sale of plots, municipal receipts,
sanitation receipts, environmental/horticulture receipts,
property tax, toll tax, water charges, conservancy charges,
interest/markup, commercial receipts (rent from shopping
centers, bus stands), etc.,
Grant-in-aid from Federal Government for development
purpose through Public Sector Development Programme,
5
Grant-in-aid from Federal Government for maintenance of
specified government buildings (Maintenance Grant).
As per notification vide S.R.O 1(2016) dated 14
th
June, 2016 by
the Government of Pakistan, Ministry of Interior, twenty-three (23)
Directorates of CDA were placed under the administrative control of the
Mayor of Metropolitan Corporation Islamabad (MCI) along with all
rights, assets and liabilities by virtue of Islamabad Capital Territory local
Government Act 2015 with immediate effect.
However, due to administrative reasons, financial arrangements
are still under CDA and practical distribution of work is yet to be
finalized. Therefore, a combined Audit Report comprising CDA and MCI
has been prepared.
2.2 Comments on Budget and Accounts (Variance Analysis)
Comments on „Receipt and Expenditure Account‟ for the financial
year 2016-17, are as under:
(A) Expenditure:
Budget allocation and expenditure for the financial year 2016-17 is
shown in the table below:
(Rs in million)
Type of
Funds
Budget
Allocation
Actual
Receipt of
funds
Actual
Expenditure
Variation*
Excess/
(Saving)
Excess/
(Saving) in
%
(A) Non-Development
Maintenance
Grant
2,197.000
1,483.461
2,183.060
699.599
47.160
Revenue
Account
7,081.030
5,821.790
11,828.245
6,006.455
103.172
Sub-Total (A)
9,278.030
7,305.251
14,011.305
6,706.054
91.798
(B) Development
PSDP
643.660
87.587
88.759
1.172
1.338
Self-Financing
26,895.580
18,765.591
4,377.912
(14,387.679)
(76.671)
Sub-Total (B)
27,539.240
18,853.178
4,466.671
(14,386.507)
(76.308)
Total
(A) + (B)
36,817.270
26,158.429
18,477.976
(7,680.453)
(29.361)
6
Type of
Funds
Budget
Allocation
Actual
Receipt of
funds
Actual
Expenditure
Variation*
Excess/
(Saving)
Excess/
(Saving) in
%
(C) Non-Budget
Other debts
and deposits
-
2,652.341
3,178.688
526.347
19.845
Remittance
-
(1,569.205)
-
(1,569.205)
(100)
Sub-Total (C)
-
1,083.136
3,178.688
(1,042.858)
(96.281)
Grand Total
(A)+(B)+(C)
36,817.270
27,241.565
21,656.664
(8,723.311)
(32.022)
* Variation figures represent difference of actual receipt of funds and actual expenditure.
i. Funds of Rs 9,278.03 million were allocated in Revenue Account
(expenditure on establishment and maintenance from CDA‟s self-
generated revenues) against which Rs 7,305.251 million (78.74%)
were received during 2016-17. Expenditure of Rs 14,011.305
million was incurred with an excess of Rs 6,706.054 million
(47.86%) over the actual revenue.
ii. Funds of Rs 643.660 million were allocated in the Public Sector
Development Programme for the year 2016-17 against which funds
of Rs 87.587 million were released and expenditure of Rs 88.759
million was incurred. There was excess expenditure of funds for
Rs 1.172 million.
iii. An allocation of Rs 26,895.580 million was earmarked for the
development activities under the head „Self-Financing‟ against
which, actual funds of Rs 18,765.591 million (69.77%) were
realized but an expenditure of Rs 4,377.912 million was incurred.
This indicated that CDA could only achieve 16.28% of planned
targets/objectives of development activities.
iv. CDA Board approved development budget for financial year 2016-
17 for Rs 27,539.24 million, which was 74.80% of the total budget
of Rs 36,817.27 million. Audit observed that key milestones
envisaged in the original budget estimates for 2016-17 were not
materialized. CDA incurred development expenditure of
Rs 4,466.671 million which was 16.22% of the original
7
development budget estimates of Rs 27,539.24 million. Incurrence
of expenditure only 16.22% of the development budget revealed
that financial managers of CDA did not conduct proper exercise to
review their financial resources keeping in view the quantum of
receipts and expenditure.
v. From the above, it is evident that the development funds were not
fully utilized during 2016-17 and there was a saving of 76.67%.
On the other hand, there was an excess of 91.80% in non-
development budget. This indicated that non-development
expenditure was on rise and development activities were not being
given priority.
vi. Balance of Rs 1,896.074 million was shown against Cash
Development Loan (CDL) on 1
st
July, 2016. Nothing was released
by the Federal Government during 2016-17 but Authority incurred
expenditure of Rs 1,341.281 million, leaving a balance of
Rs 554.793 million. This showed that the Authority incurred the
expenditure without release of funds.
vii. Federal Government released fund of Rs 2,645.946 million for
Metropolitan Corporation Islamabad (MCI) during financial year
2016-17. An expenditure of Rs 2,645.946 million (100%) was
shown incurred but the expenditure was not incorporated in the
CDA Consolidated Account for June 2017. Final Account for June
2017 was not provided to Audit.
(B) Receipts:
Receipts of CDA from its own resources are as follows:
(Rs in million)
Description
2015-16
2016-17
Self-Financing Sector
Estimated Receipts
28,245.950
28,617.210
Actual Receipts
12,377.849
18,765.591
Shortfall
15,868.101
9,851.619
Shortfall in %age
56.178
34.426
8
Description
2015-16
2016-17
Other Receipts
Estimated Receipts
6,826.840
3,685.110
Actual Receipts
3,039.394
5,821.790
Shortfall/(Excess)
3,787.446
(2,136.68)
Shortfall/(Excess) in %age
55.478
(57.981)
Total Receipts
Estimated Receipts
35,072.720
32,302.320
Actual Receipts
15,417.243
24,587.381
Shortfall
19,655.477
7,714.939
Shortfall in %age
56.04
23.88
i. As per CDA account for the year 2016-17, the estimated receipts
under self-financing were Rs 28,617.21 million against which a
sum of Rs 18,765.591 million was actually realized (65.57% of the
estimates) and estimated „other receipts‟ were Rs 3,685.11 million
while Rs 5,821.79 million were realized (58.198% above of the
estimates). This showed an excess of Rs 2,136.68 million
(57.981%) in collection of „other receipts‟.
ii. There was a shortfall of Rs 7,714.939 million (23.88%) against
overall estimated receipts of Rs 32,302.320 million as the
Authority could generate a revenue of only Rs 24,587.381 million
during 2016-17. This indicated that either the estimates of receipts
were overambitious/unrealistic or the Authority could not exploit
the available resources to derive due benefits. CDA should
improve and rationalize mechanism of estimation and realization
of revenues.
iii. According to PC-I of the Project “Metropolitan Water Supply
Phase-I” the ECNEC decided that the beneficiaries of the Project
i.e. CDA, Federal Government, Rawalpindi Development
Authority-Water and Sanitation Agency (RDA-WASA) and
Rawalpindi Cantonment Board (RCB) shall repay the loan (PK-P-
24) on the following sharing basis:
CDA = 11%
Federal Government = 22%
9
WASA = 28.80%
RCB = 38.20%
Audit noted that Deputy Director Khanpur Dam, Directorate of
Bulk Water Management CDA, Islamabad being the executing and
coordinating agency of the project did not recover the installments
of the loan due on 20
th
September, 2016 and 20
th
March, 2017 as
per amortization schedule during the financial year 2016-17 from
the above beneficiaries for onward repayment of foreign loan up to
30
th
June, 2017.
This resulted into non-recovery of Rs 626.093 million, as detailed
below, for repayment to the development partner to avoid levy of
interest @ 2.50%.
CDA
Federal Govt.
WASA
RCB
Total (Rs)
11%
22%
28.80%
38.20%
100%
68,870,270
137,740,540
180,314,888
239,167,664
626,093,362
(DP. 29)
Comments on „Receipt and Expenditure Account‟ of CDA for the
year 2016-17 are as under:
2.2.1 Incurrence of expenditure in excess of budget allocation/
releases by the Federal Government - Rs 11,881.70 million
Para 5(d) of System of Financial Control and Budgeting 2006
provides that the Principal Accounting Officer is responsible for ensuring
that the expenditure is not incurred in excess of the budget allocation. He
shall ensure that all payments are correctly classified under the appropriate
head of account and that departmental accounts are regularly reconciled
every month with the figure communicated by the Controller General of
Accounts (CGA), Accountant General of Pakistan Revenue (AGPR). He
shall, in addition keep himself well informed not only of the actual
10
expenditure but also of the liabilities, which have been incurred and must
ultimately be met.
During scrutiny of the consolidated monthly account for June-2017
it was observed that an expenditure amounting to Rs 11,881.70 million as
detailed below, was incurred by CDA in excess of the budget allocations/
releases under annual PSDP and Maintenance Grants by the Federal
Government.
(Rs. in million)
Particulars
Balance as on
01.07.2016
Receipt up to
06/2017
Expenditure
up to
06/2017
Balance as
on
30.06.2017
Grant in Aid
Capital
(PSDP Grant)
(2,307.276)
87.587
88.769
(2,308.448)
Khanpur Dam
(102.054)
0
0
(102.054)
Grant in Aid
Revenue
(Maintenance
Grant)
(8,771.631)
1,483.461
2,183.060
(9,471.230)
Total
(11,180.96)
1,571.048
2,271.829
(11,881.70)
Audit pointed out the irregularity in December 2017 but the
management did not reply.
(DP.165)
2.2.2 Negative balance appearing in Accounts since FY 2005-06
against Khanpur Dam (Capital Account item) - Rs 102.05
million
Opening balance of Rs 102.05 million was appearing in the
accounts for the financial year 2016-17 under Capital Account (CDA
Funds). This amount kept on appearing in the opening balance since
financial year 2005-06 and was being carried forward every year. The
amount was recoverable from Rawalpindi Cantonment Board as share of
expenditure on Khanpur Dam.
11
2.2.3 Heavy closing balances with DDOs and non-reconciliation of
Bank Balance - Rs 11,703.742 million
Audit noted that Director Accounts CDA compiled account for
June 2017 in which cash balances of CDA on 30
th
June, 2017 were shown
Rs 11,703.742 million, as detailed below:
i. Bank balance
(including Municipal Treasury bills) Rs 11,355.264 million
ii. Balance with D.D.O Rs 348.478 million
Total Rs 11,703.742 million
Audit observed that verification of cash balance and bank balances
was not made. Bank balance of Rs 11,355.264 million was posted without
giving detailed reconciled figures in each bank account. In absence of
reconciled figures against each bank account, cash balance was found un-
authentic. This resulted into non-verification and non-reconciliation of
cash balance of Rs 11,703.342 million.
(DP.163)
2.2.4 Non-preparation of Proforma Accounts
Para 389 (Chapter-VII) of CDA Procedure Manual Part-III
provides that accounts of formations established for departmental purposes
should be maintained in such a way as to enable the organization to
prepare Proforma Account annually to facilitate review of financial results
of the organization at the end of every year.
Proforma Accounts of MPO and other semi-commercial
formations like Central Engineering Laboratory and Convention Centre,
Islamabad were not prepared.
CDA replied that Directorate of MPO and Central Engineering Lab
had been asked to submit proforma account. The compliance would be
shared with Audit.
12
2.2.5 Expenditure in excess of receipt in the head “Grant-in-Aid
Revenue”
CDA received a sum of Rs 1,483.461 million under head „Grant-
in-Aid‟ and incurred expenditure of Rs 2,183.060 million during the year
2016-17. In this way, an expenditure of Rs 699.599 million was incurred
in excess of the actual receipts during the year increasing the overall
excess to Rs 9,471.230 million upto 30
th
June, 2017.
2.2.6 Non-compilation of separate accounts of Metropolitan
Corporation Islamabad (MCI) for the financial year 2016-17
Audit noted that accounts of 23 Directorates transferred to MCI
were required to be compiled separately. Budget of MCI for Rs 2,645.946
million was released and booked as expenditure.
Audit observed that consolidated account of CDA for June 2017
was prepared including those Directorates since transferred to MCI.
Audit pointed out non-compilation of MCI accounts separately in
December 2017 but the Authority did not reply.
(DP. 160)
2.2.7 Compilation of surplus/deficit account and depreciation
account without certification - Rs 544.523 million
Para 255 of Procedure Manual Part-III Accounting Procedure CDA
provides that registers and schedules relating to the suspense and deposit
heads of account, contractor‟s ledger, works abstract, register of works,
rent register and record of assessment and realization of revenue should be
reviewed monthly so that the steps necessary to effect expeditious
clearance of outstanding balances be taken.
During audit inspection of the compiled accounts of CDA for June
2017, abstract of CDAs Account with opening and closing balance at
serial No.B-4 Surplus/deficit account balance was shown as Rs 515.218
million, without giving details of this deficit. Similarly, a sum of
13
Rs 29.305 million was shown as depreciation, without preparation of
manufacturing accounts of machinery and equipment.
Audit observed that balances in various accounts heads were being
carried forwarded without verification of actual figures and authenticity of
transactions. The accounts of all liabilities and assets awaiting settlement
and to effect clearance in the account of June were liable to be cleared. In
absence of details and certified figures, Compilation of Surplus Deficit
Account and depreciation account amounting to Rs 544.523 million was
unauthentic. Audit was of the view that unauthentic compilation of
surplus/deficit account and depreciation account without certification was
due to weak internal and financial controls of CDA. Audit pointed out the
irregularity in December 2017 but the Authority did not reply.
(DP.162)
2.3 Brief comments on the status of compliance with PAC’s
directives
Compliance position of PAC‟s directives on Audit Reports relating
to CDA is as under:
Year
Total
Paras
No. of
Paras
Discussed
Compliance
made
Compliance
awaited
Percentage
of
compliance
1988-89
07
07
04
03
57.14
1989-90
04
04
04
-
100
1990-91
21
21
21
-
100
SAR-9
9
8
1
88.89
1991-92
17
17
12
05
70.59
1992-93
37
37
37
-
100
1993-94
57
57
07
50
12.28
1994-95
15
15
09
06
60
1995-96
28
28
01
27
3.57
1996-97
32
32
27
5
84.38
SAR
05
05
-
100
PAR
01
-
01
-
1997-98
312
312
214
98
68.58
1998-99
79
79
63
16
79.75
14
Year
Total
Paras
No. of
Paras
Discussed
Compliance
made
Compliance
awaited
Percentage
of
compliance
2 SAR
2 SAR
1 SAR
1 SAR
50.00
1999-00
86
86
57
29
66.28
1 SAR
1 SAR
1 SAR
-
100
2 PAR
2 PAR
2 PAR
2 PAR
-
2000-01
73
73
58
15
79.45
184-
SAR
184
108
76
58.69
2001-02
45
45
42
03
93.33
2002-03
14
14
10
04
71.43
2003-04
27
27
16
11
59.26
22
SAR
22
19
03
86.36
05
PAR
05
04
01
80.0
2004-05
29
29
18
11
62.06
2005-06
57
57
44
13
77.19
2006-07
39
39
19
20
48.72
2007-08
33
33
17
16
51.52
2009-10
54
54
32
22
59.26
2005-08
94
SAR
94
54
40
57.45
2010-11
77
77
14
63
18.18
36
*PAR
36
28
08
77.78
18
*PAR
18
07
11
38.89
29
*PAR
29
0
0
0
2011-12
59
59
12
47
20.34
2012-13
87
87
5
82
5.75
2013-14
53
53
11
42
20.75
Note: Audit Reports for 1985-86, 1987-88, 2014-15, 2015-16 and 2016-17
have not been discussed by PAC till the finalization of this Audit Report.
SAR stands for Special Audit Report, PAR for Performance Audit Report and
*PAR for Project Audit Report. Other figures represent Annual Regularity
Audit Reports.
15
2.4 AUDIT PARAS
Fraud/Mis-appropriations
2.4.1 Embezzlement of entry fee in Lake View Park Islamabad -
Rs 16.250 million
As per rule 7 of Appendix-2 of General Financial Rules (Vol-I), in
all cases of fraud, embezzlement or similar offences, departmental
proceedings should be instituted at the earliest possible moment against all
the delinquents and conducted with strict adherence to the rules. There is
no legal bar to the holding and finalizing of such proceedings even against
a Government servant who is being prosecuted in a criminal court also.
As per Human Resource Directorate CDA Office Order issued
vide No. CDA-5(47)/HRD-I/2012/4796 dated 17
th
November, 2015, four
(04) CDA Officers were found guilty of misconduct/in-efficiency/
corruption and misuse of powers regarding entry fee collection in Lake
View Park Islamabad whereby huge loss of Rs 16.250 million was
sustained by CDA. The Chairman CDA imposed penalties of stoppage of
increment for one year against three (03) defaulting officers and major
penalty of time scale demotion by three increments with recurring effect
against one officer. In addition to above said penalties, the loss of
Rs 16.250 million would be recovered from the defaulting officers in
different proportions in case it was not recovered from the contractor
through decree passed by the Civil Court, Islamabad, as detailed below:
S.
No.
Name
Designation
Share
Amount
(Rs in
million)
1
Irfan Azeem
Khan
Deputy Director
(Parks)
50%
8.125
2
Asif Majeed
Director
40%
6.500
3
Muhammad
Zubair
Manager Parks
10%
1.625
Total
16.250
16
Audit observed from the record of Accounts Directorate, CDA that
the recovery of embezzled amount of Rs 16.25 million was neither made
from the contractor M/s Fazal-e-Wahab & Co., nor from the officers held
responsible. This resulted into non-recovery of Rs 16.25 million.
Audit was of the view that embezzlement occurred due to weak
financial controls.
Audit pointed out the non-recovery in April 2017. The Authority
replied that HRD Directorate vide letter dated 25
th
January, 2016 had
withdrawn the penalties imposed. However, matter had been transferred to
HRD Directorate on 9
th
May, 2017 for review. The updated position
would, therefore, be submitted later on. The reply was not tenable because
recovery of Rs 16.25 million either from the contractor or the officers held
responsible was not effected.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends recovery of embezzled amount.
(DP. 95)
2.4.2 Non-recovery of advances and salary paid to Ex-official
dismissed from service due to fake certificates - Rs 2.145
million
As per HRD Directorate, CDA order vide No.CDA-5(253)/HRD-
I/2016/2132 dated 24
th
October, 2016, Chairman CDA imposed the major
penalty of “Dismissal from Service” upon Agha Haroon Nawaz, Senior
Auditor (IRMIS Section) Accounts Directorate, CDA with immediate
effect, as he submitted fake/bogus certificate of HSSC/Intermediate.
Audit noticed that the official was suspended from service on
account of misconduct/corruption vide HRD Office order No. CDA-
5(253)HRD-1/2015/262 dated 3
rd
February, 2016, and subsequently
17
dismissed from service vide letter dated 24
th
October, 2016, after
establishment of fake/bogus certificates of HSSC/ Intermediate.
Audit observed that the personnel in addition to salary, drew
House Building Advance, Motor Car Advance and GP Fund Advance
during his service in CDA which was still outstanding against the ex-
official. This resulted into non-recovery of Rs 2.145 million, as detailed
below:
S. No.
Description
Amount Outstanding
(Rs)
1.
Motor Car Advance (MCA)
50,000
2.
House Building Advance (HBA)
561,600
3.
Ex-Gratia
14,800
4.
Salary
1,518,734
Total
2,145,134
Audit was of the view that non-recovery occurred due to weak
financial controls.
Audit pointed out the non-recovery in April 2017. The Authority
replied that during service the officer drew advances as a normal course of
employment. Later on, the officer was dismissed from service on the basis
of submission of fake/bogus certificate of HSSC/Intermediate. The reply
was not tenable as the Authority did not reply regarding recovery of the
outstanding advances.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends early recovery of the amount from the ex-
officer.
(DP. 96)
18
2.4.3 Non-initiation of disciplinary as well as criminal proceedings
against employees having fake degrees
As per provision of CDA Employees Service Regulations, 1992
and condition of offer letter, the regularization of service was subject to
checking of original documents, viz. first engagement letter, last
extension, letter of service, CNIC, academic certificate/degrees,
experience certificates, domicile, etc. at the time of joining. As per
condition of the offer letter, later on these documents shall be verified
from concerned Boards/Universities/Departments by concerned
Directorate, CDA within three months. In case, during their verification
these record/documents found counterfeit, a criminal as well as
disciplinary proceeding shall be initiated against the individuals under
CDA (Employees) Service Regulations, 1992.
Audit observed from the record of Security Directorate that
certificates/degrees/experience certificates of forty-eight (48) employees
(BPS-1 to 16) were found fake during verification by the Boards/
Universities/Educational Institutions concerned but the record of the
Directorate produced to Audit was silent about the disciplinary as well
criminal proceedings against the individuals concerned under CDA
(Employees) Service Regulations, 1992.
Audit was of the view that non-initiation of appropriate
departmental/criminal proceedings was due to weak administrative
controls.
Audit pointed out the issue in August-September 2017. The
Authority did not reply.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends that the matter be investigated and disciplinary
action be initiated against the individuals under CDA (Employees) Service
Regulations, 1992.
(DP. 142)
19
Irregularity and Non-Compliance
2.4.4 Non-cancellation of commercial plots due to non-renewal of
lease - Rs 40,155.648 million
According to condition No.1 of allotment letters, the land will be
leased out for a period of 33 years and may be extended for two
subsequent terms of 33 years each on such terms and conditions as may be
determined by the Authority at the time of each renewal of the lease. The
condition No. 19 stipulates that in case of default/non- conforming use, the
allottee of lease will be withdrawn and structure, if any on the plot will be
confiscated and no compensation will be paid. The condition No. 29
provides that in case of breach of any one or more of the above cited
conditions and non-observance of the obligations, the allotment will be
liable to be withdrawn/cancelled after deduction 10% of the total premium
of the plot.
Audit observed that 524 commercial plots situated in I&T Centers,
Markaz of Sectors G-6 to G -10, Fruit and Vegetable Market
I-11/4, Industrial Area I-9, I-10/3 Industrial Triangle Kahuta, Diplomatic
Enclave and in Agro farming area were allotted in or before 1983 for a
period of 33 years (extendable up to 99 years). As per terms and
conditions of leases, the first term of lease period has already expired.
After the expiry of lease period of said properties, the CDA was required
to force the allottees for extension of lease for another term but no efforts
were forthcoming from the record produced. Due to non-pursuance of the
extension cases, the Authority was deprived of millions of rupees in shape
of extension fee. CDA also failed to cancel the 524 plots valuing
Rs 40,155.648 million and re-allot through open auction to safeguard the
Authority‟s interest.
Audit was of the view that non-renewal of leases was due to weak
internal controls.
The matter was discussed in DAC meeting held in March 2017.
CDA explained that as per terms and conditions of the lease agreement,
20
initial term of 30/33 years was extendable for two subsequent terms of
30/33 years. CDA Board in its meeting held on 7
th
August, 2004 decided
to extend leases of commercial plots subject to payment of 1% of market
price and NOC of Building Control Section and SOP for renewal of lease.
Notices were issued to the lessees for renewal of lease. Extension of lease
would be decided on case to case basis after fulfillment of codal
formalities.
Audit stressed that a pro-active approach be adopted by CDA for
best use of its assets and renewal of lease/disposal of commercial plots be
expedited.
The DAC directed CDA to adopt a pro-active approach to enhance
its revenue and devise a policy regarding expired leases for extension or
cancellation, as the case may be, and to furnish details of plots, where first
lease expired but neither extension was granted nor recovery effected.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to DAC‟s directives
regarding formulation of policy for extension or cancellation of the leases.
(Para 2.3 SAR)
2.4.5 Loss due to un-competitive disposal of plot - Rs 10,527.026
million
According to Rule 6 (1) of Islamabad Land Disposal Rules 2005,
all commercial and business plots shall be sold or leased out through open
auction as commercial plots, or for one of the specific activities mentioned
in clause 3 (2). According to Rule 3 (2) of Islamabad Land Disposal Rules
2005, plots for any kind of commercial activity having profit as a primary
aim, and include plots earmarked for shops showrooms, markets,
departmental stores, hotels, motels, guest houses, marriage halls,
restaurants, cafes, banks, insurance companies, petrol/CNG filling and or
service stations, sites for multi-storey building meant for shops, offices
21
and or residential apartments, sites for multi-storey parking and offices
connected with industrial and commercial enterprises.
Audit noted that commercial plot No.1-A Sector I-11/4 was not
disposed of through open auction by CDA (Estate Management-II) as
required under above-mentioned rules. Instead of open auction following
three firms out of six were prequalified for disposal of plot.
S. No.
Party/Firm Name
1.
M/s Metro Cash & Carry Pakistan Private Limited
2.
M/s Makro Habib Pakistan Limited
3.
M/s S.G.M Group
Audit further noted that plot No.1-A Sector I-11/4 measuring 8.97
acres (36,300 sq. meters or 43,414 sq. yards) for the development of
wholesale super market in Sector I-11/4, Islamabad was allotted to M/s
Metro Cash & Carry Pakistan Private Limited (MCCP) @ US$ 200 per sq.
meter (equivalent to Rs 10,020 per sq. yard) for a period of 30 years under
lease deed of August 2007 between CDA and M/s Metro Cash & Carry.
The full premium of plot amounting to Rs 435.000 million was deposited
by the lessee as advance payment on signing of lease deed.
Audit observed that two prequalified firms i.e. M/s MCCP and
Makro Habib Pakistan Limited (MHPL) combined their wholesale Cash &
Carry business and of the properties of M/s MCCP and M/s MHPL
through a scheme of arrangement for the reconstruction of M/s MCCP and
M/s MHPL. As such, the scheme of arrangement, inter alia will provide
that lease hold rights of plot of land located at survey No.1.A, Sector
I-11/4, would transfer to and vest in M/s MHPL by virtue of the orders of
Sindh High Court under section 287 of the Companies Ordinance 1984,
and upon the scheme of arrangement being sanctioned by the Sindh High
Court, M/s MHPL shall become the owner of all lease hold rights in and to
the plot aforesaid on same terms and conditions on which the said plot was
leased by M/s MCCP being the terms set out in the registered lease deed
dated 20
th
August, 2007, and M/s MHPL will assume full responsibility to
discharge all debts, obligations and liabilities relating to said plot.
22
Audit further observed that during the same period plots bearing
No.2-B and 3-B (Fruit and Vegetable) Sector I-11/4 were also auctioned
on 13
th
February, 2007 @ Rs 300,000 and Rs 205,000 per sq yard.
Average rate of these two plots was Rs 252,500 per sq yard. Audit was of
the view that had the plot disposed of through open auction the CDA
would have earned additional amount of Rs 10,527.027 million. Non-
transparent and uncompetitive disposal of plot resulted into a loss of
Rs 10,527.027 million to Authority, as detailed below:
Plot
No.
Area of
plot (sq
yards)
Rate
accepted in
August
2007
(Rs per sq
yard)
Average Auctioned
rate of plot No. 2-B
& 3-B sector I-11/4
on 13.02.2007 (Rs
per sq yard)
Difference
(Rs per sq
yard)
Amount (Rs)
1-A,
I-
11/4
43,414
10,020
252,500
242,480
10,527,026,720
Audit pointed out the irregularity in February 2017. The matter
was discussed in DAC meeting held in March 2017. CDA explained that
Plot No.1-A, measuring 8.47 acres (34276.9 sq meters) was offered to M/s
Metro Cash & Carry Pakistan (Pvt) Ltd on 30
th
April, 2007, after
acceptance of financial proposal for the development of whole sale Super
Market I-11, Islamabad. According to Chapter-3 clause-4 of Islamabad
Land Disposal Regulation 2005 CDA Board may decide to enter into joint
venture with any private or public sector agency regarding property vested
into for any specific project. Property in question was leased out @ US$
200 per Sq. meter (equivalent to Rs 10,020 per Sq yard) for a period of 30
years after approval of CDA Board and completion of all relevant codal
formalities. So far as, the plot No.2-B & 3-B (F&V) Sector 1-11/4,
Islamabad are concerned, it was clarified that being a small unit in a most
popular area of wholesale (F&V) market, the average rates of two plots
was calculated as Rs 252,500 per sq yard however, being a whole sale
super market of 36,300 Sq meter area could not be put into auction in
order to ensure timely completion of project to facilitate the people of both
the cities. It was further submitted that such property was transferred
through a scheme of arrangement from the name of Metro Cash & Carry
23
Pakistan (Pvt) Ltd, to the name of M/s Makro Habib Pakistan Ltd by
virtue of the order of the High Court Sindh under section 287 of the
Company Ordinance, 1984 which was approved by the CDA Board.
Moreover, in cases where lease deeds are executed, transfer through NDC
was not permissible.
Audit contended that it was a clear violation of Islamabad Land
Disposal Regulations 2005 regarding open auction and no
mechanism/reserved price yardstick was followed. Besides, CDA Board
approved auction of plot for allotment of 8 acres but possession was given
for 9 acres of land. Incomplete list of commercial plots auctioned during
2007 was provided to Audit.
The DAC directed that an inquiry be conducted at CA&DD level
for fixing responsibility against the persons at fault and report be shared
with Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to DAC‟s directive.
(Para 2.6, SAR)
2.4.6 Overpayment to IESCO due to excessive billing of street lights
- Rs 5,360.991 million
Director General (EM&C), Pakistan Electric Power Company
Limited (PEPCO), Energy Management and Conservation (EM&C)
Division, Lahore issued Load Management Plan from time to time for
guidance and implementation by all distribution companies including
Islamabad Electric Supply Company (IESCO). In compliance thereof,
IESCO issued circle-wise Load Management Schedule from time to time.
According to which, load shedding was observed for four to seven hours
in urban areas of Islamabad during different periods from December 2010
to July 2017.
24
As per Cabinet Secretariat (Cabinet Division) meeting of the
Implementation Committee on Energy Conservation Strategy held on 23
rd
April 2010, it was decided “Street lights in Islamabad will be illuminated
alternately”.
Audit noted that CDA, Islamabad is responsible to maintain the
road/street light system in Islamabad since taking over from WAPDA in
January 1999. IESCO was billing for electric consumption of street lights
on the basis of units consumed per day @ average 12 hours after the
energy meters installed became out of order. Despite the fact that CDA
made payments of Rs 7.800 million during the period 1996-97, 2006-07
and 2013-14 for installation of energy meters on street light circuits for
raising such bills on actual meter readings, meters were never installed.
During a meeting held on 07
th
February, 1998, in the Ministry of Water
and Power, it was decided that CDA would start paying current electricity
bills of all the street light circuits on the basis of 75% of agreed connected
load of the circuits until the meters are installed.
Audit observed during scrutiny of the accounts record that CDA
(Street Light Division) made payments of Rs 7,237.914 million to IESCO
on account of street/road lights electricity bills for the period from July
2006 to July 2017. Electricity consumption was being billed at average
rate per unit including all taxes/charges and meter rent although meters
have not been installed.
Audit further observed that the payment worth
Rs 5,360.991 million, out of total payment of Rs 7,237.914 million on
account of electricity bills, was considered unjustified due to excessive
billing of street lights in absence of the circuit-wise electric energy meters,
and non-application of following factors, reducing the actual consumption
of units.
i. Load shedding factor as per Load Management Plan of IESCO
was not taken into account while making monthly payments of
electricity bills. Audit was of the view that reduction factor
25
up to average 2 to 3-1/2 hours at nights on account of load
shedding was to be applied.
ii. Physical verification of 2,283 street lights selected randomly
(6.33% of total 36,050 street lights) in various areas of
Islamabad by Joint Team consisting of concerned Assistant
Directors and Audit staff at night on 27
th
January, 2017,
revealed that 57% street/road lights were found un-
illuminated/non-functional. This load reduction factor was not
kept in view while paying the electric bills to IESCO.
iii. In compliance to the above referred energy conservation
strategy, CDA switched off 50% poles and requested the
IESCO vide letter dated 26
th
November, 2012 to reduce the
electricity consumption bills for street lights to the extent
accordingly but the same was not reduced from the monthly
bills.
CDA failed to maintain the street lights as observed during
physical verification despite fleet of 235 employees (involving
expenditure of Rs 505.247 million on pay and allowances) and
procurement of stores/repairs worth Rs 1,363.286 million during 2006-07
to December 2016.
Audit was also of the view that CDA made excess payment of
Rs 5,360.991 million to IESCO without considering the reduction factors.
Unjustified payment of Rs 5,360.991 million was made due to non-
pursuance of the installation of meters, non-adherence to the rules,
regulations and policy for watching the interests of the Authority.
The matter was discussed in DAC meeting held in March 2017.
CDA explained that Audit Team had inspected only 6% lights mostly of
125 watts in those areas/sectors which were comparatively in deteriorated
condition. Twenty seven thousand (27,000) lights of 250 watts which
consumed major portion of electricity and were in good condition were
not inspected. It was not justified to attribute and assess position of last ten
26
and half years to the result of inspection on a particular day, time and
limited location. The street light network was scattered and any fault
occurred was rectified on regular basis. The matter of installation of
meters was pursued at every level.
Audit contended that joint inspection (CDA Staff and Audit Team)
was conducted in randomly selected areas and results were extrapolated
besides other reduction factors to highlight the most likely financial
impact of core issues of incorrect/higher electricity bills and non-
installation of energy meters.
The DAC directed CDA that:
i. Reconciliation be carried out regarding electricity
consumption in the light of load adjustment and other
reduction factors as pointed out by Audit.
ii. Efforts may be made to get the electricity meters installed
and matter also be taken up with Ministry of Water and
Power.
iii. Responsibility be fixed for not following up the matter
actively despite making payment of Rs 7.8 million to
IESCO in 2005 on account of installation of meters.
Audit recommends early compliance to the DAC‟s directive.
(Para 1.1, SAR, DP.138)
2.4.7 Non-realization of long outstanding dues of commercial plots -
Rs 5,831.043 million
According to condition No.2 (mode of payment) in case the bid is
finally accepted by the CDA Board, the successful bidder will be informed
accordingly requiring him to pay the remaining 60% of the premium in two
equal quarterly installments, first of which would be payable within three
months from the date of issuance of acceptance of bid letter. The bidder
will be required to submit undertaking regarding payment of Capital Value
27
Tax (CVT) to the Government in case imposition of said tax by the
Government at any later stage, other duties i.e. advance tax and/or charges,
if any levied and payable on such transactions will be deposited in
Government treasury or authorized branches of Banks and submit receipts
to CDA within 45 days. In case of non-payment of the premium and taxes,
etc., by him/her after acceptance of the bid, the acceptance of the bid will
stand withdrawn and 10% of total price of the plot shall be forfeited.
CDA (Estate Management-II) auctioned 35 commercial plots/agro
farms in Blue Area, Sectors G-11, G-9, G-5, F-7, F-11, F-10, E-12, I-8,
I-12, I-16, D-12, Fruit and Vegetable Market I-11/4, Orchard Schemes and
Park Enclave of different sizes on lease basis through auction held during
the period from 2007 to 2016 subject to terms and conditions contained in
the respective allotment letters and brochures of different auctions.
Audit observed during scrutiny of allotment files, auction ledger
accounts and decision of the Board in meetings regarding acceptance or
rejection of auction results that an amount of Rs 5,831.043 million was
outstanding on account of premium against the lessee who failed to
deposit the installment of plots as per payment schedule. Fruitful efforts
for early recovery by the Authority were not on record. A sufficient period
elapsed after the auction held but the Authority did not cancel the lease
agreement due to non-payment of premium of plots by the lessee.
The matter was discussed in DAC meeting held in March 2017.
CDA explained that out of 34 auctioned plots with remaining premium, 04
plots were pending due to court case/stay order. Two (02) plots were
cancelled due to non-payment of premium. Payments of 04 plots had been
completely recovered, whereas payment of six plots was not due yet. Rest
of the cases, were being processed for acceptance of part payment/sectoral
development issues.
The DAC directed CDA:
i. to provide detail of cases with amount involved by
bifurcating into two categories, i.e. first where CDA has
28
developed the area and plots are available for possession
and second where area has not been developed as yet.
ii. to adopt a pro-active approach and devise a policy
regarding cancellation of plots in case of non-payment of
dues in respect of developed area, determination of delayed
payment charges, follow up of court cases, etc.
Audit recommends early compliance to DAC‟s directive.
(Para 2.2, SAR)
2.4.8 Unauthentic approval of Layout Plan of Housing Scheme on
the basis of fake and fictitious documents - Rs 8,198.60 million
Rule 2 (a) & (b) iii & iv, of ICT Zoning Regulations, 1992
provides that in Zone-2, private sector will be allowed to purchase/acquire
land and develop residential schemes on the pattern of residential sectors
planned in Zone-1. The boundaries of the schemes shall conform to the
configuration of a standard sector inclusive of right-of-way (ROW) of
principal inter-sector roads as per provision of Master Plan of Islamabad
and permission for such schemes (Zone-2 and 5) shall be granted by the
Authority subject to the condition that development of the scheme shall be
in accordance with the layout plan, services plan and building plan as
approved by the Authority.
Clause 21 of Modalities and Procedures framed under ICT (Zoning)
Regulations, 1992 provides that the CDA shall assume the control of
scheme, if the sponsor is incapable of completing the scheme after expiry
of the extended period of completion.
During scrutiny of record of private housing societies following
irregularities were noted:
i. Layout Plan of Paradise City Housing Scheme in Sector F-16
and F-17 in Zone-2 Islamabad over an area 2,453.43 kanals
was approved by CDA on 22
nd
December, 2006. After approval
of the Layout Plan, the sponsor was required to fulfill the legal
29
formalities i.e. Mortgage deed of saleable plots, transfer deed,
ROW/open area of land and engineering design etc. within 90
days up to 21
st
March, 2007 but the same were not submitted.
The Layout Plan was withdrawn by the CDA. The sponsor
failed to prove the land ownership of 2,399 kanals within the
boundary even after 8 years of issuance of the Layout Plan.
After issuance of Layout Plan the sponsor could not complete
the legal formalities and started sale of 2,137 plots to general
public without developing the land and collected a sum of
Rs 5,243.40 million.
ii. Layout Plan of M/s RP Corporation (Pvt.) Ltd. (a private
housing scheme) was approved on land measuring 1,619 kanals
for 931 residential plots and NOC was issued on 11
th
March,
2006 with completion period of 60 months. The sponsor could
not start development work after issuance of NOC. An analysis
of Fard Jamabandi and other Revenue documents was carried
out after 8 years and it was noticed that the society had the
ownership/possession of only 861 kanals of scattered land
which could not be developed until its conversion into the
compact/consolidated ownership and possession and revision
of Layout Plan. After issuance of NOC and approval of Layout
Plan, the sponsor was authorized to advertise the scheme
comprising 931 plots over an area measuring 1,619 kanals with
30% mortgage of saleable plots in favour of CDA. The sponsor
sold all 931 plots for Rs 2,955.20 million. The developer could
not develop the Scheme despite lapse of nine (09) years.
This resulted in unauthentic approval of Housing Schemes based
on fake and fictitious documents of land for Rs 8,198.60 million.
Audit was of the view that irregularity occurred due to weak
internal controls.
The matter was discussed in DAC meeting held in March 2017.
CDA explained that improved administrative and internal controls had
been introduced to avoid irregularities in future. An inquiry was under
30
process to investigate the approval of layout plan of Roshan Pakistan
Housing Scheme. Layout Plan of Paradise City was cancelled but the
sponsor had applied for restoration, which was being examined.
The DAC observed with concern that layout plans were initially
approved which were exploited by housing societies to attract the people
to purchase plots. The DAC directed CDA to complete the inquiry and
take action to safeguard public interest.
Audit recommends early compliance to the DAC‟s directive.
(Para 2.26, SAR)
2.4.9 Non-imposition of penalty/non-recovery of ground rent from
marquees / wedding halls - Rs 1,032.000 million
According to Section 46-A Chapter-VII of CDA Ordinance,
1960, “whoever willfully causes damage or allows damage to be caused to
any property which vests in the Authority or unlawfully converts it to his
own use or to that any other person shall be punishable with imprisonment
for a term which may extended to one year or with fine, or with both.”
Section 46-B of the ibid Ordinance states that whoever, without
lawful excuse, fails or refuses to comply with any direction or order issued
by the Authority was punishable under Section-46.
Audit noted from the record of the Directorate of Housing
Societies Planning Wing, CDA Islamabad that near the Khyaban-e-Iqbal
Road (Northern Strip Blue Area) in Sector E-11, Islamabad, there were
many marquees/wedding halls/event management service professionals
running their business without any approval of competent authority. All
the event management service providers were using the Northern strip 156
feet wide and Khyaban-e-Iqbal road for their access / approach and car
parking but did not pay any kind of ground rent or service charges to
CDA. This resulted into loss of Rs 1,032.000 million.
31
Audit was of the view that CDA failed to implement the CDA
Ordinance, 1960 and allowed unauthorized occupation of CDA land. The
irregularity occurred due to lack of oversight mechanism for
implementation of internal controls.
Audit pointed out the irregularity in March 2016 but the Authority
did not reply.
The matter could not be discussed in the DAC meeting despite best
efforts by Audit.
Audit recommends that measures be taken to evict unauthorized
occupation.
(DP 166/2016-17)
2.4.10 Irregular execution of works without approval by the
competent authority - Rs 341.543 million
As per clause 1-(b) of CDA Delegation of Financial Powers, 2007
administrative approval of CDA‟s all self-financing schemes will be
obtained from the CDA Development Working Party. Clause 2 states that
Member concerned had full power to sanction Technical Estimates and
clause 3 provides that acceptance of tenders having value above Rs 50
million will be granted by the Chairman CDA.
Audit noticed that Sanitation Directorate (Metropolitan
Corporation Islamabad) awarded work “Privatization/provision of
sanitation services, cleaning, sweeping, collection and transportation of
solid waste/ garbage from Sectors G-6, G-7, G-8, G-9, G-10, I-10 and I-11
including Vegetable Market of Islamabad in July 2015 at 28% above the
T.S estimates for Rs 341.543 million against estimated cost of
Rs 266.870 million.
Audit observed that the Directorate executed the works without
Admin Approval from CDA-DWP and Technical Sanction by the Member
32
concerned. The works, having cost above Rs 50 million, were awarded
without approval of acceptance of tenders from Chairman CDA.
Audit was of the view that award of the works costing Rs 341.543
million without observing codal formalities was due to weak internal
controls.
Audit pointed out the irregular execution of works in July 2017.
The Authority replied that the works were awarded after acceptance of
tenders above Rs 50.00 million from Chairman CDA. The reply was not
accepted because due process of administrative approval and technical
sanction of estimates was not followed.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends that matter be investigated and action be taken
against persons responsible.
(DP 74)
2.4.11 Non-mutation/non-taking over possession of land besides
payments to selective land owners - Rs 261.781 million
As per Awards announced by the Deputy Commissioner, CDA,
Islamabad, Tehsildar Islamabad, was required that awarded land be
mutated in the name of Capital Development Authority. The copies of
mutation duly attested were to be sent to the office of the Director Land
and Rehabilitation, CDA for record at the earliest.
Further, section 28 of CDA Ordinance, 1960, provides that
immediately on the making of the award under section 28, the land shall
vest in the Authority free from all encumbrances (and thereupon the
Deputy Commissioner may, after giving reasonable notice to the occupier,
enter upon and take possession of the same).
33
Section 25 of CDA Ordinance, 1960, provides that subject to the
other provisions of this Ordinance, the rules made there-under, and the
directions of the Authority, the Deputy Commissioner may, by order in
writing acquire any land for the further purposes of this Ordinance. No
order under sub-section (1) shall be issued except on the receipt by the
Deputy Commissioner of specific directions from the Authority.
Section 26 of CDA Ordinance, 1960, provides that Where any land
is proposed to be acquired under section 25, the Deputy Commissioner
shall cause the land (unless it has been already marked out) to be marked
out and measured, and if no plan has been made thereof, a plan to be made
of the same.
Building Control Rules, 2005 (Chapter-II Zoning of ICT Section-3
Delineation of Zones) provides that the entire Islamabad Capital Territory
shall be divided into five zones as delineated in the Master Plan wherein
Zone-1 constitutes sectors up to the existing alignment of the G.T. Road
from the point of intersection of G.T. Road with Shahrah-e-Kashmir to the
point of the Nicolson Monument inclusive of Sector H-14, H-15, H-16,
H-17, I-14, I-15, I-16, I-17. Building Control Rules, 2005, Chapter-III,
Section- Development Strategies of Zones provides that the development
of land in the zones shall be subject to the following conditions:
A. Un-acquired Sectoral Areas: In these areas of Zone-1,
(i) Land shall be acquired under a phased program and
developed by the Authority in accordance with the land use
pattern spelled out in the Master plan;
(ii) No sale/ purchase of land which entails change in land use
shall be allowed.
This provision was inserted with the intention to acquire the land
directly from the original affectees by avoiding heavy cost in case of
admissibility of sale/purchase of land of Zone-1.
34
Audit observed that payments to certain housing societies as
detailed below were made by issuing 30 cheques on the same day to M/s
Elite Estate Housing Society for Rs 124.500 million and 37 cheques to
M/s Global Utopia Housing Society for Rs 137.281 million on different
dates to keep the compensation within 05 kanals. CDA manipulated the
circumstances and made payment to big land owners by splitting acquired
land giving impression that the payment was made to small land owners
up to 5 kanals. This resulted in irregular payments of Rs 261.781 million.
(Amount Rs in million)
Name of Payee
Cheque No
Amount of cheque x
No. of cheque
Amount
Elite Estate Housing
Society (I-17)
114338 to 114367
(30 cheques) dated
25.09.2015
Rs 4,150,000 x 30
Cheques.
124.500
Global Utopia
Housing Society (I-
17 and H-16)
114301 to 114337
(37 cheques)
November-
December 2015
Rs 4,150,000 x 36
Cheques.
Rs 744,257 x 1 cheque
137.281
Rs 1,035,893 x 1
Cheque
Rs 1,845,902 x 1
Cheque
Rs 2,904,908 x 1
Cheque
Rs 655,410 x 1 Cheque
Rs 4,150,000 x 32
Cheques
Total
261.781
Audit was of the view that influential middlemen/housing societies
were able to get payment @ Rs 830,000 per kanal against purchase cost of
Rs 100,000 and Rs 200,000 per kanal. On the other hand the original land
affectees were still in the possession of the said land. These middlemen
managed to get the payment of compensation on priority basis and real
affectees/owners up to 5 kanal were not paid till date.
The irregularity occurred due to weak internal controls.
35
The matter was discussed in DAC meeting held in March 2017.
CDA explained that CDA had requested the Revenue Department for
mutation. As regard possession and payment to selective affectees was
concerned, it was decided only to acquire land for Sectors H-16 and I-17
due to pressing need of land reserved for District Prison Islamabad in
Sector H-16 and Industrial Sector in I-17. However, BUP could not be
acquired due to financial constraints and non-survey. BUP would be paid
as existed at the time of acquisition. Any subsequent addition to BUP will
not be compensated. The Deputy Commissioner CDA announced the
award on 15
th
January, 2009 at flat rate of Rs 830,000 per kanal. After
Award, some land owners having major share were pressing hard for
either payment or to de-notify the Award and accordingly, it was decided
to release payment. Further, payment was released on the orders of
Islamabad High Court to owners having land up to 2 kanals and later on
up to 5 kanals.
Audit contended that payments were made to the influential
parties. Piecemeal payments on the same day to the same party were made
in some cases to keep the payment of compensation in single case up to 5
kanals under the cover of orders of the Islamabad High Court (as per CDA
response).
The DAC was not satisfied with the explanation given by CDA
and directed to conduct inquiry at CA&DD level for fixing responsibility
against persons at fault.
Audit recommends that:
Early mutation of land be made in the name of CDA and
possession be taken over immediately besides
responsibility be fixed for negligence against those
responsible.
A proper Standard Operating Procedure be devised to
streamline system of payment to the land affectees. Survey
of built up property be conducted at the time of land
36
acquisition. Compensation to the affectees may be fixed at
the rates prevailing at the time of land acquisition.
Matter of out of the way/irregular payments to influential
parties be investigated for fixing responsibility against
those responsible.
Measures be taken to ensure that no sale and transfer of
land especially phased out program spelled out in the CDA
Master Plan, is executed.
(Para 3.1.1, SAR)
2.4.12 Execution of project without PC-I - Rs 228.431 million
The Guidelines for Project Management issued by the Planning
Commission of Pakistan denotes that feasibility report (PC-II) and Project
Cost (PC-I) are mandatory prior to execution. Under these guidelines, the
Authority is required to constitute DWP with one member each from
Planning Commission and Finance Division for approval of self-financed
projects. Further, Para 10.1(v) of the guidelines provides that no project
under directive of any authority is started without proper preparation of
PC-I /PC-II and approval of the competent forum.
Audit noticed that Deputy Director, Works Directorate (Division-
I), CDA Islamabad, undertook the project, “Construction of additional
rooms in 22 Federal Government Educational Institutes under Prime
Minister Education Reforms Program Islamabad” at estimated cost of
Rs 228.431 million. Eight contracts valuing Rs 95.915 million were
awarded during 2016-17 and expenditure of Rs 31.597 million incurred up
to 30
th
June, 2017. Non-adherence to rules resulted in execution of project
costing of Rs 228.431 million without PC-I & II.
Audit was of the view that non-preparation/approval of PC-I
occurred due to weak internal controls.
Audit pointed out the irregularity in October 2017. The Authority
replied that works relating to repair/maintenance, equipment and
37
construction of new rooms with furnishing were taken up by CDA in the
22 Educational Institutions upon the demand of Federal Directorate of
Education under directive issued from the Prime Minister‟s Office vide
letter No. D-3611/ASPM/ 2015 dated 16
th
October, 2015. The funds were
pursued at different tiers of CDA and also at Ministry and a letter was
issued by the Secretary, Capital Administration and Development
Division, vide letter No. F.1-6/2016-Secy (CA&DD) dated 14
th
June,
2016, wherein, funds for additional rooms with furnishing amounting to
Rs 228.431 million were also demanded from Planning Development and
Reforms Division.
The reply was not tenable as preparation and approval of PC-I was
mandatory under the rules. Further, Buildings of Educational Institutes
were not on charge of CDA.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends that matter be got regularized from competent
forum besides recoupment of funds.
(DP 147)
2.4.13 Replacement of existing road lights with LED lights without
PC-I and award of work to non-responsive bidder - Rs 363.242
million
As per para 3.8 of Project Management Guidelines issued by the
Planning Commission, Government of Pakistan, all the projects
irrespective of the cost are to be considered by the DDWP. The Project
costing up-to Rs 60 million are approved by the DDWP, while project
costing more than Rs 60 million are submitted to the CDWP for their
approval.
Para 3.11 of the guidelines states that the autonomous
organizations having Board are competent to sanction their development
schemes with 100% self-financing with no government guarantee and
38
involving less than 25% foreign exchange/foreign assistance, subject to
fulfillment of prescribed conditions.
As per clause 1.2.1(ii) of PEC guidelines for evaluation of bids for
procurement of works, the bidders must have a current valid license to
practice as constructor. Clause 2.2.1 (i) (a) requires that the bidder should
fall within the category allowed to participate for the size of the project.
As per clause 3.4 (f) (xvi), a bid is likely not to be considered if the bidder
is not valid license holder of PEC.
2.4.13.1 Audit noticed that Deputy Director Street Light Division,
Directorate of E&M (Maintenance), CDA, Islamabad prepared rate
analysis of LED Lights on the basis of single quotation collected from M/s
Philips. The detailed estimate of the work, “Providing/Replacement with
LED road light fixture at various major roads in Islamabad” was prepared
for Rs 146.946 million and work was awarded to M/s Philips at contract
cost of Rs 106.817 million i.e. 27.30% below the NIT cost.
Audit observed that the work was awarded to the contractor M/s
Philips without preparation of PC-I and approval of the competent forum
in violation of above referred guidelines issued by the Planning
Commission. Further, the replacement of existing lights, in good working
condition with expensive LED lights without analyzing all the parameters
including benefit-cost ratio, energy saving from LED lights, maintenance
cost, comparison of existing and replaced LED light, net financial benefit
or loss and financial & economic benefits was unjustified. This resulted
into unauthorized replacement of existing road lights, functional in all
respect, with LED lights without approval of PC-I for Rs 146.946 million.
Audit was of the view that irregularity occurred due to inadequate
mechanism for enforcing relevant rules and weak administrative/internal
and financial controls.
Audit pointed out the irregularity in January 2017. The Authority
replied that in order to minimize the energy consumption through
installation of energy efficient and environmental friendly LED lights on
39
various major roads. The subject work was maintenance work for which
PC-I approval was not mandatory as per prevailing rules. Moreover, the
work was awarded after obtaining approval in principle by the Chairman
CDA. The reply was not accepted being against Planning Commission
Instructions.
(DP 109)
2.4.13.2 Audit noticed that Director E&M (Maintenance) CDA Islamabad
invited tenders through press for a work “Providing/Replacement with
Light Emitting Diodes (LED) road light fixtures at various major roads in
Islamabad”. In response to the Notice Inviting Tender (NIT), nine (09)
firms submitted tenders. Five (05) firms, including M/s Philips and M/s
Al-Karam International were declared responsive in preliminary
evaluation of bids.
Audit observed that M/s Philips, whose bid was declared
responsive, had no valid license at the time of bidding as the same was
issued by PEC on 7
th
June, 2016, whereas tenders were opened on 12
th
January, 2016. Similarly, M/s Al-Karam International had license of C-5
Category eligible for project up-to Rs 50.00 million only and also was not
registered under specialized filed of EE-06 (Specialized Lighting System)
having only one Engineer but his bid was also declared responsive. On the
other hand, a firm M/s CCS Pvt. Ltd. having license of PEC of C-1
category and vast experience in LED lighting was declared non-
responsive. After detailed evaluation, the remaining three (03) firms i.e.
M/s Evershine, M/s Northern Engineering and M/s HSM (all three
registered with PEC as C-1 Category and EE-06), having vast experience
were also declared non-responsive.
Financial bids of M/s Philips and M/s Al-Karam International,
declared responsive in detailed evaluation in violation of PEC Bye-laws,
were opened and work was awarded to M/s Philips being the lowest
bidders @ 27.31% below the Engineer‟s Estimates which was prepared on
the basis of single quotation obtained from M/s Philips instead of
obtaining at least three (03) quotations from different firms/
makers/manufacturers.
40
This state of affair indicated a correlation between preparation of
engineer‟s estimates on the basis of single quotation obtained from M/s
Philips and then awarding the same work to the same firm M/s Philips.
This resulted into irregular award of work for Rs 106.817 million to a non-
responsive bidder in violation of PEC Bye-laws and on the basis of
defective estimate that deprived the entity of benefits of fair and
transparent competition.
Audit was of the view that irregular award of work occurred due to
inadequate mechanism for enforcing relevant rules.
Audit pointed out the irregular award of work to non-responsive
bidder in January 2017. The Authority replied that the tender for the
subject woks was invited through national press and uploaded on PPRA as
well as CDA‟s Websites after fulfilling all codal formalities. Moreover,
the PEC license of M/s Philips Pakistan was valid upto 31
st
March, 2017.
Further, nine (09) bidders were participated who submitted their technical
and financial bids. During scrutiny of the technical bids seven firms were
found dis-qualified/non-responsive by Scrutiny Committee due to non-
fulfilling the basic criteria as per terms and conditions. Only two firms
were technically qualified. M/s Philips were the lowest bidder with their
quoted rates 27.31% below the NIT cost. The reply was not accepted
being against the P.E.C guidelines for evaluation of bids.
(DP 110)
2.4.13.3 Audit observed that Deputy Director General (DDG) NESCOM
Foundation approached CDA high ups with the idea that the Foundation
designs, develops and produces LED Lights and also possesses expertise
to convert conventional streetlights into LED lights by utilizing available
fixtures, ensuring conformance to required standards. DDG NESCOM
Foundation requested CDA that some conventional street lights fixture
may be provided to NESCOM Foundation for retrofitting of LED kit for
subsequent installation and testing. Three (03) street light fixtures were
handed over to M/s NESCOM, which were retrofitted with LED Kits of
70 Watt and 60 Watt and installed on Street Light Poles at CDA Chairman
41
Office on 26.03.2014. No adverse point was noted on the basis of which
Deputy Director, Street Light Division recommended that contract for
provision of 125 lights of 70 Watt and 60 Watt each retrofitted with the
LED kits be awarded to M/s NESCOM Foundation with two years
replacement guarantee and five years repair service at nominal cost of 70
watt and 60 watt LED lights @ Rs 9,500 and Rs 9,000 each respectively.
The contract was awarded and executed by M/s NESCOM.
Audit observed that without approaching/negotiation with
NESCOM Foundation for converting the required conventional lights with
LED by retrofitting the existing fixture at low cost the work
“Providing/replacement of existing street light with LED road lightswas
awarded to M/s Philips at an agreed cost of Rs 106.817 million i.e. 180
watt @ Rs 73,700 and 150 watt @ Rs 62,700 each less 27.30% which
resulted into loss of Rs 87.335 million.
Audit was of the view that loss occurred due to weak financial
controls.
Audit pointed out the loss in January 2017. The Authority replied
that a pilot project of retrofitting/modification of existing lights into 60
watts and 70 watts Margallah Road F-6, F-7 portion was carried out.
These modified lights could not be compared with latest efficient, smart
lights. It was further added that 60 to 70 watts retrofitted lights did not
fulfill the requirements of main highways/avenues in replacement of 250
watts of conventional lights. The reply was not accepted as retrofitting of
existing street lights with LED lights by the NESCOM Foundation at
economical rates was agreed and accepted by the CDA authorities.
(DP 112)
2.4.13.4 Audit noted that Director, E&M (Maintenance) CDA, Islamabad
awarded a work, “Providing/ Replacement with LED road light fixture at
various major roads in Islamabad”, to M/s Philips at an agreed cost of
Rs 106.817 million on 22
nd
March, 2016.
Audit observed that light fixtures on existing street light
infrastructure, being replaced with LED light fixture, were in
42
operational/working condition. Further, the existing lights having capacity
of 150 watts were being replaced with LED lights of the same capacity of
150 watts. Thus, there would be no saving of energy, if the purpose of
replacement was energy saving. The cost-benefit analysis of LED lights of
the same capacity was not carried out before award and execution of the
work as the work was being executed without preparation and approval of
PC-I from competent forum. This resulted into unjustified replacement of
existing and operational 150 watt road lights with 150 watt LED lights
valuing Rs 22.144 million.
Audit was of the view that the irregularity occurred due to weak
internal controls.
Audit pointed out the unjustified replacement of existing
operational road lights with LED lights in January 2017. The Authority
did not reply.
(DP 111)
The matter was discussed in DAC meeting held in November
2017. The DAC directed CDA to get the relevant record verified from
Audit within three weeks.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to DAC‟s directive.
2.4.14 Deployment of staff in excess of sanctioned strength resulting
in excess expenditure - Rs 73.085 million
As per CDA Service Regulations, all appointments in CDA shall
be made against sanctioned posts only and appointments to all the posts
shall be made with the approval of the competent authority.
As per Para 2.03 of Central Public Works Department Code, „the
engagement of work charged establishment shall be subject to the rules
43
laid down by the Government. The work charged staff shall not be
engaged on any work unless provided for in the estimate as a separate sub-
head of the estimate for that work‟. Muster Roll Employees and Daily
Labourer as their name denotes, are meant for casual labour to be engaged
as per requirement.
2.4.14.1 Audit noticed that certain posts of different categories / trades
from BPS-1 to BPS-17 were sanctioned by the competent authority and
accordingly, allocation for salary was made in the budget.
Audit observed that the Environment Directorates (East & West)
CDA, Islamabad appointed employees in excess of the sanctioned posts
without approval of the competent authority. Appointment of excess
employees resulted in disbursement of excess salaries Rs 66.000 million
(approximate) during the year 2016-17, as detailed in Annexure-B.
Audit was of the view that excess employment was made due to
non-adherence to the sanctioned strength, weak administrative and
financial controls.
Audit pointed out the irregularity during July-August 2017. The
Authority replied that during the last few years the Capital city had
expanded and new sectors/locations, major roads, service roads, avenues,
roundabouts, green belts, and VVIP routes were developed and regularly
maintained by the Environment Wing. The sanctioned strength of the
CDA was insufficient to meet the actual requirements of environmental /
horticultural activities. The reply was not accepted because different posts
were filled in bulk without sanctioned posts and budget in the relevant
head of account.
(DP 24)
2.4.14.2 As per sanctioned strength 155 posts of security guards had been
approved for Parks in different Sectors of Islamabad.
Audit noticed that Director, Parks, CDA Islamabad deployed 185
security guards during 2016-17 and incurred expenditure of Rs 7.085
44
million on account of salary of 32 employees excessive than the
sanctioned strength during the financial year 2016-17. This resulted in
unauthorized expenditure on staff excessive than the sanctioned strength
for Rs 7.085 million. (185 155 x 30 x 12 x Rs 656).
Audit was of the view that irregularity was due to inadequate
mechanism for enforcing relevant rules and weak administrative/internal
controls.
Audit pointed out the unauthorized payment in November 2017.
The Authority replied that that the staff engaged on Muster Roll was
purely on need basis not necessarily against the sanctioned strength.
However, as the services of these Muster Roll employees were needed
regularly to safeguard the safety and security of the park equipment.
Therefore, the competent authority was being requested to sanction more
posts of security guards in Parks Directorate. The reply was not tenable as
the deployment of staff in excess of approved posts was unauthorized.
(DP 155)
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends that mater be investigated and responsibility be
fixed against persons at fault.
2.4.15 Enhancement of work beyond the original scope - Rs 58.113
million
Rule 42 (c) (iv) of Public Procurement Rules, 2004 provides that a
procuring agency shall only engage in direct contracting if the repeat
orders do not exceed fifteen percent (15%) of the original agreement.
According to Rule 50 of ibid Rules, any violation of these Rules
constitutes mis-procurement.
The Inter-Departmental Committee (IDC) of the Public Accounts
Committee (PAC) in its meeting dated 17
th
July, 2001 decided that the
45
management is not empowered to award a new work as additional work to
an existing contractor without calling open tenders. It only allows minor
adjustments in the already awarded work so as to complete it in all respect.
Audit noted that Director Roads (South), CDA, Islamabad awarded
a work, “Rehabilitation of MR-II NESCOM to IJP Road Sector I-11,
Islamabad” to M/s Zaffar & Co. for Rs 199.769 million.
Audit observed that the scope of work was enhanced upto
Rs 257.882 million which constituted an excess of 29.09% over and above
the original scope of work without calling open tenders. Award of work
costing Rs 58.113 million without open competitive bidding was
unjustified. In the absence of open competition, CDA compromised the
transparency, depriving the entity of the advantage of competitive rates,
and denied a fair opportunity to other prospective bidders of participation
in the bidding process.
Audit was of the view that the violation occurred due to weak
internal controls.
Audit pointed out the irregularity in July 2017. The Authority
replied that while carrying out the work, design was raised by 6 inch to 1
foot from the existing level of all approach link roads, so to give proper
i.e. adjoining roads with the rigid pavement of MR-II the level was to be
synchronized for ensuring safety and ease of the traffic flow. This
additional work was urgently required otherwise the benefits of
rehabilitation could not be achieved. The contract agreement clause 51.1
empowered the engineer to increase, alter quantities as deemed necessary
for the smooth execution of the project and enhanced work was executed
after approval by the employer / Chairman, CDA. However, it was worth
mentioning that the contract agreement had been based on PEC documents
duly approved by ECNEC and PPRA rules also provides that the
procuring agency shall use the PEC documents for executing construction
contracts. The work was executed at the lowest bidder rates i.e. 32%
below, which were very competitive and was in the best interest of the
Authority. Tendering for this portion of work may have invited rates
46
higher than the existing bid and subsequent loss would have been faced by
the Authority.
The reply was not tenable because entirely new work, not included
in the original scope of work was executed in violation of PPRA Rules
and directions of the Public Accounts Committee as well. The contention
regarding competitive rates on 32% below was also not justified as in
another work of the same division; the received rebate was 40.20% on
NHA Composite Schedule of Rates, 50% on MES Schedule of Rates and
70% on non-scheduled item (Construction of external infrastructure in
H-10, Islamabad).
The matter was discussed in the DAC meeting held in November
2017. The Authority reiterated its earlier stance. The contention of the
Authority was not agreed by the DAC. The DAC directed the Authority to
provide detailed justification within three weeks.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit stresses for fixing of responsibility for the irregularity
against the person(s) at fault.
(DP 20)
2.4.16 Non-remittance of Government receipt in Federal Treasury -
Rs 104.465 million
According to Government of Pakistan, Cabinet Secretariat
(Cabinet Division) letter No. 4/16/2012-CDA-III dated 11
th
June, 2014, it
has been decided by FA‟s Organization, Finance Division that CDA
should deposit all earnings from Pak-China Friendship Center (PCFC) in
Government Treasury. After that, Finance Division will release the
amount against operational expenditure of PCFC.
Audit noted that Director (Coordination) Parliament House, CDA
Islamabad collected receipt of Rs 104.465 million, as detailed below:
47
Name of Centre
2016-17
(DP-118/16-17)
2017-18
(DP-129)
Jinnah Convention
Centre
Rs. 21,835,000
Rs 13,595,000
Pak-China
Friendship Centre
Rs. 31,020,000
Rs 38,015,500
Total
Rs. 52,855,000
Rs 51,610,500
Grand total
Rs 104.465 million
Audit observed that the amount collected on behalf of the
Government was not deposited in the Government Treasury as required
under the Finance Division, Government of Pakistan decision. This
resulted in non-remittance of the Government receipt of Rs 104.465
million.
Audit pointed out the non-remittance of dues in August 2016 and
September 2017. The Authority did not reply.
Audit was of the view that government receipt was not remitted
due to non-adherence to the instructions of the Finance Division,
Government of Pakistan.
The matter was discussed in the DAC meeting held in February
2017, wherein, the CDA representative explained that receipt of Pak-
China Friendship Centre was deposited in the CDA Treasury. However, an
amount of Rs 45.800 million was deposited in government treasury in
2013-14. DAC was not satisfied with the explanation and directed CDA to
remit due receipt in Federal Government Treasury and get it verified from
Audit.
Compliance to DAC‟s directive was not reported despite lapse of
a period of one year.
Audit recommends early compliance to the DAC‟s directive
regarding remittance of dues.
(DP 118 /2016-17 & DP 129/17-18)
48
2.4.17 Appointment of consultant without registration with PEC and
payment of consultancy fee without proper performance -
Rs 46.825 million
According to Clause 2.71 of the consultancy agreement, the
consultant will undertake detailed supervision of various stages of the
project construction. The consultant will appoint following registered
Professional Graduate Engineers/Graduate Professionals/Diploma
Engineers (For site inspection only after approval of the client).
Article 11(iv) of the consultancy agreement provides that the
consultant will ensure presence of required staff and implementation of
proper documentation for the supervision process and later on the same
record shall be transferred to the client. Proper targets/goals and monthly
progress reports must be submitted regularly during construction phase.
Audit noticed that Deputy Director, Works Division-I, CDA
Islamabad, made payment of Rs 46.825 million vide 28
th
running bill, on
18
th
April, 2017 for the period upto December 2016. The payment was
held irregular in the light of following observations:
i. Name of the consultant was not available in the approved list
of registered consultants with PEC (List placed on
www.verification.pec.org.pk).
ii. Prior approval of the client (CDA) for appointment of staff of
the consultant was not available on record.
iii. The project authorities had not certified availability/ attendance
of staff for which salary was claimed.
iv. Quality assurance certificate issued by the consultant for
payment to the contractor was not available on the record in
compliance to clause 2.7.3 (d).
v. Consultancy fee beyond 30 months was paid without extension
in time.
49
vi. Submission of monthly progress report was not ensured to
release payment in terms of clause 2.7.3(a-vi).
vii. Salary of HVAC Engineer was paid for three months against
approval of two months.
Audit was of the view that excess payment of consultancy fee was
made due to weak administrative and financial controls.
Audit pointed out the irregularity in October 2017. The Authority
replied that approval was obtained and attendance of staff and monthly
progress reports were submitted by the consultants. The consultancy
contract period was linked with construction period.
The reply was not tenable because approval for appointment of
staff from CDA and their attendance was not attached with the invoices.
Formal time extension in consultancy contract was not obtained from the
competent authority. Quality assurance certificates were not attached with
the contractor‟s bills. Moreover, award of contract to a consultant not
registered with PEC was irregular.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends that matter be investigated and appropriate
corrective action be taken.
(DP 148)
2.4.18 Execution of work without insurance guarantee saving inbuilt
cost of premium - Rs 40.018 million
As per clause 21.1 of the contract agreement, the contractor shall
insure:
(a) the works, together with materials and plant to the full
replacement cost,
50
(b) An additional sum of 15 per cent of such replacement cost, to
cover any additional costs of and incidental to the
rectification of loss or damage and
(c) The contractor‟s equipment for a sum sufficient to provide
for their replacement at the site.
As per clause 25.3, if the contractor fails to provide the policies to
the employer, then the employer may effect and keep in force any such
insurance and pay premium and recover the same from the contractor.
Audit noticed that Deputy Director, Sector Development, and
Works Directorate, CDA, Islamabad awarded four works, as detailed
below:
S.
No.
Name of Work
Agreement Cost
(Rs in million)
1
Construction of Additional (104) Family Suites for
the Members of the Parliament Including Servant
Quarters Block for 500 Persons. (M/s Habib Rfique
(Pvt) Ltd)
2,728.451
2
Construction/Up-Gradation of Mosque at Pak.
Secretariat, Islamabad. (M/s Zarif Khan Hussain Zai
& Brothers)
400.446
3
Construction of Major Roads in Sector I-12,
Islamabad
248.486
4
Development of Markaz in Sector D-12 at
Islamabad - Construction of Parking Area,
Drainage, Sewerage & Water Supply System
102.446
Total
3,479.829
Additional sum of 15%
521.974
Sum to be insured
4,001.803
Audit observed that work insurance policies were neither obtained
from the contractors nor effected by the Authority itself. The contract
clauses regarding insurances were not invoked which not only
tantamounts to undue benefit to the contractors but also put the entire
works, equipment, property and labour at risk.
51
This resulted into non-obtaining of insurance policies for the works
worth Rs 4,001.803 million and extension of benefit of Rs 40.018 million
(1% of the cost) to the contractors as they saved inbuilt charges to
maintain the insurance cover.
Audit was of the view that non-obtaining of insurance guarantee
occurred due to weak contract administration.
Audit pointed out the non-obtaining of insurance guarantee in
August 2017. The Authority replied the contractor had been instructed to
arrange insurance as per contract agreement. The Authority replied in
other case that matter was sub-judice. The reply was not accepted as
insurance guarantee was not obtained, which was violation of the contract
agreement.
The matter was discussed in the DAC meeting held in November
2017 wherein CDA explained that insurance policy had been obtained in
one case and in other case it was being pursued. DAC directed CDA to get
the insurance verified from Audit and recover the premium cost for un-
insured period within one-week.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends compliance to DAC‟s directive at the earliest.
(DP 01 & DP 146)
2.4.19 Non-recovery of expenditure incurred in excess of the deposits
received from sponsors - Rs 35.956 million
Para 410 of CPWA Code provides that a consolidated record of the
transactions of the month related to all deposit work of the division should
be prepared in Form-65 (schedules of deposit works). This schedule shows
in respect of each work, the amount of deposit received and the
expenditure incurred, both during the month and up to date. Refund of
unspent balances of completed works should be taken as reduction of the
52
deposits and, therefore, shown in the schedule of minus realization and not
as expenditure.
Audit noticed from scrutiny of the Consolidated Account of CDA
for the month of June 2016 maintained in Accounts Directorate that CDA
being engineering and executing department executed 30 deposit works.
The sponsoring departments deposited sum of Rs 534.219 million as an
advance for execution of the deposit works.
Audit observed that CDA incurred an expenditure of Rs 570.175
million on the execution of deposit works. The expenditure incurred was
Rs 35.956 million in excess than the sum deposited by the sponsoring
departments but the record produced to Audit showed nothing about the
reconciliation and recovery of the excess expenditure. The accounts of
deposits works since completed were not finalized by the executing CDA
divisions since long. This resulted in non-recovery of Rs 35.956 million.
Audit was of the view that incurring of expenditure in excess of
deposit received and non-recovery thereof was due to weak financial
controls.
Audit pointed out the non-recovery in April 2017. The Authority
replied that expenditure incurred over and above the allocated budget
against one project was adjusted against the other project of the same
sponsoring agency. In reply the Authority admitted that the excess
expenditure incurred over and above the deposits of the projects. The
adjustment claimed to be made against deposit of other projects of the
same sponsoring agency was without lawful authority and following
proper accounting procedures.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends early recovery and reconciliation/finalization of
accounts of the completed deposit works.
(DP. 97)
53
2.4.20 Award of work without technical evaluation - Rs 30.408 million
Job description/specifications of the work require garbage
compacting vehicle, 4 x 2, right-hand drive model 2005 or above,
minimum GVW 18000 Kg, having minimum loading capacity of 10 tons
of solid waste, equipped with hydraulic operated mechanism comprising
of lifting arms and others related attachments for lifting of DIN type
garbage trolleys, including 01 driver and 02 loaders with each vehicle”.
Audit noticed that Sanitation Directorate (MCI) awarded the work
“Hiring of four garbage compactors for collection and transportation of
solid waste from Islamabad” to M/s M. Maqsood & Co amounting to
Rs 30.408 million which was 40.70% above the estimated cost Rs 21.612
million. Audit also noted that the management during technical evaluation
declared the bidder qualified for financial bidding in violation of bid
evaluation criteria. The Authority allowed all those bidders to participate
in financial bidding who possessed vehicles of below Gross Vehicles Mass
(GVM) i.e. 10,000 kg instead of 18,000 kg (The gross vehicle weight
rating (GVWR), or gross vehicle mass was the maximum operating
weight/mass of a vehicle as specified by the manufacturers including the
vehicles chassis, body, engine, engine fluids, fuel, accessories, driver,
passengers and cargo but excluding that of any trailers) and loading
capacity in accordance with job description / bidding documents.
Audit observed that the Authority awarded the work to the
contractor without technical evaluation because the contractor possessed
below specification vehicles. The award of the work by setting aside the
eligibility criteria was an act of favoritism. This resulted in irregular
award of work worth Rs 30.408 million.
Audit was of the view that irregularity occurred due to weak
internal controls.
Audit pointed out irregularity in July 2017. The Authority replied
that the tender for subject work was called as per PPRA rules and work
awarded after scrutiny by the Technical Evaluation Committee. It was
54
clarified that garbage compactors were not commonly available / used in
the market. The contractors used the available chassis by up-grading them
for fabrication of superstructure of garbage compacting system. The reply
was not accepted as specifications i.e. minimum loading capacity of
garbage vehicle 18,000 kg was not fulfilled, instead 10,000 kg (GVM)
vehicle was purchased, which did not fulfill the required standard.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends investigation and action against the persons at
fault.
(DP 70)
2.4.21 Non-accounting of excavated rock material - Rs 27.835 million
According to NHA General Specification 106.2, all suitable
material excavated within the limits and scope of the project shall be used
in the most effective manner for the formation of the embankment, for
widening of roadway, for backfill, or for other work included in the
contract.
Audit noticed that Directorate Sector Development CDA,
Islamabad paid an item of work “excavate surplus hard rock material” for
a quantity of 37,113 Cu.m.
Audit observed that excavated rock material was neither accounted
for in stock nor its disposal was recorded. This resulted in non-
accounting/disposal of hard rock material valuing Rs 27.835 million
(37,113 cu.m x Rs 750).
Audit was of the view that non-accounting of rock material was
due to weak financial controls.
Audit pointed out the non-accounting in August 2017. The
Authority replied that the excavated surplus hard rock material had been
stacked, measured and taken on Stock Register. The same was being
55
handed over to the Environment Directorate for subsequent utilization in
departmental work and record would be got verified from Audit. The reply
was not tenable as adjustment/disposal of serviceable material was not
shown to Audit.
The matter was discussed in the DAC meeting held in November
2017. CDA explained that excavated surplus hard rock had been taken on
stock and handed over to Environment Directorate. DAC directed CDA to
get the further utilization of the surplus material verified from Audit
within one week.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends proper utilization of serviceable material.
(DP 04)
2.4.22 Award of works without open competition - Rs 24.834 million
Rule 12(2) &(3) of Public Procurement Rules 2004, provides that
procurements over one hundred thousand rupees and up to the limit of two
million rupees shall be advertised on the Authority‟s website in the
manner and format specified by regulation by the Authority from time to
time. These procurement opportunities may also be advertised in print
media, if deemed necessary by the procuring agency: All procurement
opportunities over two million rupees should be advertised on the
Authority‟s website as well as in other print media or newspapers having
wide circulation. The advertisement in the newspapers shall principally
appear in at least two national dailies, one in English and the other in
Urdu. In cases where the procuring agency has its own website it may also
post all advertisements concerning procurement on that website as well.
Audit noted that Deputy Director, Mechanical Divisions-II, CDA,
Islamabad awarded several works during financial year 2015-16 to
different contractors at total cost of Rs 24.834 million without
advertisement on the Authority‟s website as well as in other print media or
56
newspapers having wide circulation. Tender forms were issued to the
selected contractors. Due to non-circulation of tenders on CDA/PPRA
website open competition was negated. This resulted into irregular award
of works without open tendering.
Audit was of the view that the irregularity occurred due to weak
internal controls.
Audit pointed out the irregularity in October 2017. The Authority
replied that works were awarded through quotations on the directions of
the Ministries to meet the emergency, by obtaining approval from the
competent authority (Director General / Member) after completing all the
codal formalities. The reply was not tenable, as approval was not obtained
from the Principal Accounting Officer for emergency works and award of
work without open competition was in violation of PPRA-2004.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends that matter be investigated and appropriate
corrective action be taken.
(DP 141)
2.4.23 Payment of President’s House Allowance, Fuel and Electricity
Subsidy to non-entitled officers - Rs 24.474 million
As per Finance Division (Regulation Wing) Office Memorandum
No.F.2(1)-R.3/84-1037 dated 18
th
January, 1992 the employees of
President‟s Secretariat (Public) were given House Allowance and Utility
Services benefits over and above the other allowances admissible to them
under the normal rules. Finance Division Regulation Wing vide U.O.
No.1(1)Rg./2007-Pt 132-2013 dated 18
th
March, 2013 uncap the
President‟s House Allowance for the President‟s Secretariat (Public &
Personal) equal to one month‟s basic pay with immediate effect which was
frozen at the level of its admissibility as on 30
th
June, 2011.
57
Audit noted that Finance Wing (General) CDA issued a
notification vide No. CDA/FW(G)-44(28)(Pay & Allowances) /2018/2411
dated 10
th
May, 2016 for grant of President‟s House Allowance @ 100%
and Fuel & Electricity Subsidy @ 15% of their running basic pay to all
Officers (BPS-16 & above) of Maintenance Directorate (Aiwan-e-Sadr)
working under administrative control of Member Engineering/Director
General Services, CDA with effect from 6
th
June, 2014. Further, according
to the notification the expenditure involved was to be met out from pay
and allowances allocated in the assignment account of Maintenance Grant
of Aiwan-e-Sadr building, instead of CDA‟s Head of Account.
Audit observed that Director Accounts, CDA Islamabad paid
President‟s House Allowance and Fuel & Electricity Subsidy to the
Officers not existed on the sanctioned/working strength of the
Maintenance Directorate Aiwan-e-Sadr and also not actually working in
the Aiwan-e-Sadr, CDA and charged the expenditure to the Maintenance
Grant of Aiwan-e-Sadr Building without the approval of Finance Division,
Government of Pakistan. This resulted in irregular payment of Rs 24.474
million.
Audit was of the view that the irregularity was due to weak
financial controls.
Audit pointed out unauthorized payment in April 2017. The
Authority replied that the allowance was paid in accordance with Finance
Division CDA Notification dated 10
th
May, 2016. However, detailed reply
would be submitted after receipt of position form Finance Wing CDA. The
reply was not accepted as the allowances were paid to non-entitled CDA
employees.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends stoppage of the irregular payment of
allowances besides recovery.
(DP 94)
58
2.4.24 Payment without recording detailed measurement in log/work
books - Rs 22.113 million
Clause 8 of the terms & conditions of the contract agreement
describes, (i) the work shall be done in accordance with the schedule,
which will be assigned on daily basis by the Assistant Director, Transport
Officer sanitation, foreman or the other authorized representative of the
Authority. For the purpose, an authenticated log / work book will be
maintained in respect of each garbage compacting vehicle, showing detail
of work assigned. (ii) Each area inspector should deploy a sanitary
supervisor with garbage compacting vehicle to accomplish the assignment
and at the end sign log / work book with date & time. Incharge, waste
containment site will also record on log / work book with counter sign
along with date and time, on each trip made by vehicle and (iii) Each
garbage compacting vehicle should at-least empty 80 garbage trolleys and
make two trips of waste containment site, daily. Quantity will be increased
based on the size of compactor.
Audit noted that a sum of Rs 22.113 million was paid to
contractors against the work “Hiring of four garbage compactors for
collection and transportation of solid waste from Islamabad during the
year 2016-17 by Sanitation Directorate, MCI.
Audit observed that bills for payment were prepared without
recording detailed measurements of work done of each compactor. The
authenticity of payment could not be verified due to non-maintenance of
work / log books. The management did not adopt adequate method of
work measurement/record keeping as prescribed above. The project
authorities adopted an unreliable system by vetting the bill. An irregular
deviation by the project authorities was also a compromise on mandatory
oversight and internal controls of 100% work done certified by the
Assistant Director and 10% test check by the supervisory officer which
resulted in unauthentic payment of Rs 22.113 million.
Audit was of the view that the irregularity occurred due to weak
internal controls.
59
Audit pointed out unauthentic payment in July 2017. The
Authority replied that work / log book had been maintained in respect of
all four garbage compactors. Said work/ log book had been signed by the
each area Inspector upon completion of work in the sector by mentioning
total number of garbage trolleys emptied. The reply was not accepted as
certified log books of machinery were not shown to Audit.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit stresses for investigation and appropriate corrective action.
(DP 69)
2.4.25 Non-auction of advertisement sites/non-maintenance of record
of open spaces for licenses - Rs 20.350 million
Rule 26 of General Financial Rules (Volume-I) provides that it
was the duty of the Departmental Controlling Officer to see that all sums
due to Government are regularly and promptly assessed, realized and duly
credited in the public account.
Audit noted that Director Municipal Administration CDA failed
to auction several sites for advertisement panels, bridge panels, etc. during
the process of auction held on 20
th
November, 2015 and 4
th
December,
2015. Chairman CDA while approving license of open spaces for
Pappasallis in F-7 Markaz Islamabad dated 11
th
February, 2014 gave
certain directions to Director Staff to Chairman CDA that Director
Municipal Administration to put up factual position vis-a-vis details of all
cases where permission to use open spaces was granted and reasons of
subsequent cancelation. It was also noted by the Chairman CDA that at a
numbers of places in Islamabad were available in front of restaurants
which can be used without causing hindrance by them at specific time and
for specific purpose.
60
Audit observed that eight (8) bids of various bridges were either
rejected or with-drawn without recorded reasons for rejection or with
drawl of bids. Since December 2015, no effort was made by the DMA
authorities to re-advertise these sites not previously finalized for auction.
Details of open spaces where permission to use these open spaces were
previously granted by the Directorate of Municipal Administration CDA
and cancelled afterwards was not maintained. Proper record of licenses
issued for use of open space was not maintained by the DMA staff. In
absence of inventories, revenue ledgers, watch and ward of license fee was
not made. This resulted into loss of Rs 20.350 million due to non-auction
of sites and non-maintenance of record / inventory of open spaces, which
was a serious lapse on the part of Directorate of Municipal Administration.
Audit was of the view that the loss was due to weak internal
controls.
Audit pointed out the loss in April 2016. The Authority did not
reply.
The matter could not be discussed in the DAC meeting despite
best efforts by Audit.
Audit recommends that sites be re-auctioned after proper
evaluation and assessment of rates and record/inventory of open spaces be
maintained besides fixing responsibility for non-maintenance of receipt
record.
(DP 73/2016-17)
2.4.26 Theft of electric transformers, electric cable, street light poles,
etc. - Rs 15.165 million
Para-55 of CDA Procedure Manual Part-II provides that every
Government officer should realize fully and clearly that he would be held
personally responsible for any loss sustained by Government through
fraud or negligence on his part and that he will also be held personally
responsible for any loss arising from fraud or negligence on the part of any
61
other Government officer to the extent to which it may be shown that he
contributed to the loss by his own action or negligence.
Audit noted during scrutiny of record of Street Light Division that
413 transformers for street lights were installed at various sites. However,
Asset Register/Inventory showing accountal and monitoring/physical
verification of transformers regularly was not maintained as evident from
the produced record. Audit further noted that the payment amounting to
Rs 34.148 million was made to the IESCO against Demand Notices for
replacement/installation of 66 transformers during the period from July
2006 to December 2016.
Audit observed that three (03) transformers (having capacity of
63KVA, 25KVA & 100KVA) along with other electric items like electric
cable, light fixtures, street light poles, circuit breakers, copper conductors,
Distribution Boards, solar panels, miscellaneous parts, etc. valuing
Rs 15.165 million were found misplaced/stolen from the sites and matter
was referred to the Police Department for lodging FIRs, however, FIRs
were not got lodged so far despite lapse of a period of more than six years
in most of the cases. Audit further observed that in a case, the
responsibility for replacement of the stolen material/items rested with the
concerned contractor of the Zero Point Interchange Construction Project”
as theft occurred during the currency of defect liability period. Moreover,
there was no proper watch and ward mechanism at sites and its continuous
absence might warrant further misplacement of the electric items in future.
Audit was of the view that loss occurred due to weak internal
controls.
Audit pointed out the irregularity in February 2017. The matter
was discussed in DAC meeting held in March 2017. CDA explained that
location-wise detail of 413 transformers was provided to Audit, and these
transformers were fully operational. Material stolen from zero point was
brought to the notice of SHO Police Station Aabpara for lodging FIR and
investigation which was still under process. Moreover, applications
regarding theft of street light equipment at 21 different locations were
62
submitted to respective Police Stations for lodging of FIR and recovery of
stolen material in addition to tightening of field staff to eliminate the
stealing of Government Property. The case was being perused persistently
with the ICT authorities to find out the culprits and to eliminate such
practices in future.
The DAC directed CDA to:
i. pursue the matter with ICT to ensure safeguard of assets
and improve watch and ward system,
ii. pursue FIRs lodged with Police for recovery of stolen
material
iii. maintain inventory of all installations/equipment relating to
street lights
iv. make recovery/adjustment from contractor concerned in
case of theft of cable/installation occurred within the defect
liability period.
Audit recommends early compliance to the DAC‟s directive.
(Para 1.2, SAR)
2.4.27 Award of work in violation of procurement rules - Rs 17.536
million
As per Rule 40 of PPRA 2004 (Limitation on negotiations) Save as
otherwise provided there shall be no negotiations with the bidder having
submitted the lowest evaluated bid or with any other bidder: Provided that
the extent of negotiation permissible shall be subject to the regulations
issued by the Authority.
2.4.27.1 Audit noted that Director, Parliament Lodges and Hostels, CDA
accepted tenders for procurement of “Janitorial/cleaning services at
Parliament Lodges for the year 2016-17” at 47.40% above the estimated
cost based on prevailing market prices.
63
Audit observed that the acceptance of tenders by allowing
premium on market rates was unjustified and caused a loss of Rs 8.629
million to the Authority because during the year 2014-15 the work was
awarded at 5% below the estimated cost and for the year 2015-16 it was
awarded at 9% below the engineering estimates based on market rates.
Audit further observed that tenders were called for initially in
December 2016 and M/s The Maintainers quoted the rates at 56.31%
above the engineering estimates but was rejected due to higher rates. 2
nd
time the tenders were opened on 11
th
April, 2017 wherein the existing
contractor M/s Maqsood & Sons was allowed to participate in tendering
despite his poor performance and proposed to be penalized under terms &
conditions of the contract agreement. The existing contractor stood 1
st
lowest by quoting the rates 56% above the engineering estimates and
reduced the rates through negotiation from 56% to 53% to 47.40% on NIT
in violation of PPRA Rule 42.
Audit was of the view that the irregularity occurred due to
inadequate mechanism for enforcing relevant rules and weak
administrative controls.
Audit pointed out loss in October 2017. The Authority did not
reply.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends action against person(s) responsible for
violation of rules.
(DP 120)
2.4.27.2 During scrutiny of accounts record of Market and Roads
Maintenance Directorate CDA Islamabad, audit noted that that a work,
“Rehabilitation of Street No.94 alongwith Improvement of Drainage
64
System in Sector I-8/4 Islamabad was put to tender on 07
th
May, 2015
against TS Estimated cost of Rs 4.865 million.
Audit observed that the contractor M/s BSK Engineers quoted
37.99% above the NHA CSR 2014, 65.99% above the MES 2009 and
2.99% above the non-schedule items. The total bid cost was worked out as
Rs 7.135 million. After opening of bid, it was shown on record that the
contractor reduced their rates voluntarily as 16.99% above on NHA CSR
2014, 49.99% above on MES 2009 and 2.99% above on non-schedule
items.
Audit further observed that as per recorded reasons, the lowest
bidder further reduced the rates and offered to execute work at 11.99%
above on NHA CSR 2014, 49.99% above on MES 2009 and 2.99% above
on non-schedule items and the work was awarded to M/s BSK Engineers
for an agreement amount of Rs 6.056 million.
Audit was of the view that only the lowest bidder was given the
opportunity to reduce bid and other participant bidders were not informed
of such happenings. There appears to be an under hand negotiation in
violation of PPRA Rule 2004 which tantamount to collusive practice with
in the definition of PPRA Rules. This had not only hampered the sanctity
of tendering process but also raise a question mark on the estimation. This
resulted in irregular award of work of Rs 6.056 million to the contractor
through negotiation.
Audit pointed out the irregularity in August 2016. The Authority
replied that open bids were invited and the lowest bidder voluntarily
offered rebate on his quoted rate which was accepted by the competent
authority. Therefore, question of negotiation does not arise.
The reply was not accepted because only the lowest bidder was
given the opportunity to offer reduced bid and other participant bidders
were not informed of such proceedings.
65
The matter was discussed in DAC meeting held in February 2017,
wherein, the Authority reiterated its previous stance. The DAC was not
convinced and directed to conduct an inquiry into the matter and submit
report to Ministry/Audit within 30 days. DAC further directed CDA to
stop such practice in future.
Compliance to the DAC‟s directive was not reported till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP 38 /2016-17)
2.4.27.3 Audit noted that Deputy Director, Maintenance Division (E&M),
Aiwan-e-Sadr, Islamabad invited tenders for the work, “Provision of
Main, Sub-main electric supply of horse shed at nursery and allied electric
work at Aiwan-e-Sadr Islamabad” and opened on 15
th
March, 2016. M/s
AR Engineers was the first lowest bidder with his quoted rates of 95%
above on MES Schedule of Rates 2014 and 55% above on market rates.
Audit observed that after opening the bids the lowest bidder
offered voluntary rebate as stated by the Divisional authorities and the
work was awarded to the lowest bidder M/s AR Engineers at his reduced
rates of 90% above on MES Schedule of Rates-2014 and 49.90% above on
Market Rates. There was no proof in black and white that somebody from
the Division asked for it, but it was evident that negotiation with the
lowest bidder was held and the lowest bidder was persuaded to lower the
quoted rates. This state of affairs led to irregular award of works for
Rs 2.851 million.
Audit pointed out irregularity in August 2017. The Authority
replied that the lowest bidder offered voluntary rebate at its own perhaps
to establish goodwill in the department which was accepted in the interest
of public exchequer. No negotiation whatsoever was made with the 1
st
lowest bidder.
66
The reply was not tenable because voluntary rebate of first lowest
bidder without negotiation was irrational. Despite rebate the accepted rates
were on too much higher side as compared to estimate technically
sanctioned.
The matter was discussed in DAC meeting held in November 2017.
The DAC observed that it is serious issue and decided to place it before
PAC for deliberation and decision.
Audit stresses to investigate the matter and fix responsibility for
acceptance of higher premium on market and schedule items.
(DP 88)
2.4.28 Non-recovery of mobilization advance - Rs 7.723 million
According to clause 60.12(b), mobilization advance shall be
recovered in equal installments; first installment at the expiry of 3
rd
month
after the date of payment of first part of Advance and the last installment
two months before the date of completion of the work.
Audit noted that the contractor was paid mobilization advance for
electrical and mechanical works amounting to Rs 12.843 million on 28
th
June, 2012.
Audit observed that mobilization advance of Rs 5.120 million
could only be recovered upto 9
th
December, 2013 due to poor performance
of the contractor while the whole work was to be completed upto 23
rd
November, 2013. This resulted in non-recovery of mobilization advance
of Rs 7.723 million.
Audit was of the view that payment of Mobilization Advance on
account of electrical and mechanical works in advance stage without
execution of civil works by the contractor was in violation of the contract
agreement and non-recovery thereof occurred due to non-adherence to
agreement clauses and weak internal controls.
67
Audit pointed the matter in March 2014. The Authority did not
reply.
The matter was discussed in the DAC meeting held in January and
June 2015. CDA explained that the work remained stalled due to closure
of site as a result of political turmoil. The balance mobilization advance
will be recovered from the forthcoming IPCs. DAC directed CDA to
watch the recovery of balance amount of mobilization advance,
vigorously.
Audit stresses for recovery of mobilization advance besides
fixation of responsibility against the person(s) responsible of the poor
performance.
(DP 40 /2014-15)
2.4.29 Extra payment due to incorrect rate - Rs 6.531 million
According to Approval of CDA Board in its meeting held on 9
th
December 2016 circulated vide CDA Finance Wing letter No.CDA/CA/C-
132/2016/40 dated 28
th
December, 2016 revised rate of daily wages was
approved as under:
BPS
Rate for Six Working
Days a Week
Rate for Five Working
Days a Week
1-12
546 Days
656 Days
Audit noted that Deputy Director (Landscape) CDA Islamabad
made a payment Rs 38.947 million to daily wages employees on account
of wages for the period from January 2017 to June 2017.
Audit observed that all the daily wages employees were working
for the whole month (30 or 31 Days) and wages had been paid @ Rs 656
per day applicable five working days a week, whereas wages were payable
@ Rs 546 per day (Six working days a week) as approved by the CDA
Board. This resulted in extra payment of Rs 6.531 million.
68
Audit was of the view that irregularity was due to inadequate
mechanism for enforcing relevant rules and weak internal controls.
Audit pointed out the extra payment in November 2017. The
Authority replied that the working hours for the employees falling in the
category of 05 days a week are 08 hours daily (08:00 a.m to 04:00 p.m)
whereas the working hours for the employees falling in the category of 06
days in a week is 07 hours (08:00 am to 03:00 pm). The CDA observed
five working days for its offices, therefore, the rate of daily wages was
also calculated on 05 working days basis. The daily wage staff of
Environment Wing works for 08 hours daily, therefore, fell in the category
of wage rate for five working days a week. However, keeping in view the
work load in their respective areas of duty and non-availability of regular
staff during 02 weekly holidays these daily wages workers were engaged
on gazetted holidays with prior approval of the competent authority. The
reply was not tenable as the staff work throughout month without any
break (30 days), therefore, rate approved for 06 working days was
applicable whereas higher rate was allowed which caused extra
expenditure. Further, working of daily labour on gazetted holidays was not
understood.
The matter could not be discussed in DAC meeting despite
requests made by Audit in December 2017.
Audit recommends regularization of the excess expenditure from
the competent authority.
(DP 156)
2.4.30 Procurement of vehicles and equipment without provision in
TS Estimate - Rs 9.600 million
As per Special Provisions of the Contract, Clause SP-1 (Facilities
to be provided) provides that the contractor will provide the following
facilities within one month of letter of start without any additional cost to
the employer. Cost of these facilities is to include in the bid price and no
separate/extra payment shall be made by the Employer against these
facilities.
69
1) One (01) Hyundai Shahzore Pickup 2600 CC
2) One (01) Tractor Fiat with Trolley (Jack attached)
3) One (01) Suzuki Cultus (1000 CC)
4) One (01) Suzuki Pickup
5) Four (04) Desktop Computer 1.7 Generation with accessories
6) Four (04) HP Laser Jet Printers (Three in One) latest model
All above items /facilities shall be transferred to the Authority.
2.4.30.1 Audit noted during examination of the accounts record of Deputy
Director Market & Roads Maintenance (South) CDA Islamabad that
procurement of the above vehicles and T&P articles was not provided for
and approved in the TS Estimate/PC-I.
Audit observed that employer‟s facilities as provided in the
contract provisions were not provided by the contractor as required. The
Deputy Director neither received the employer facilities nor recovery
effected form the contractor on account of inbuilt cost of Rs 6.00 million.
Audit was of the view that irregularity occurred due to weak
contract administration.
Audit pointed out irregular procurement in July 2017. The
Authority replied that the facilities as per special clause (SP-1) of the
contract were provided by the contractor. The reply was not tenable as
evidence in support thereof was not produced. Further, the procurement of
the above vehicles and T&P articles was not provided for and approved in
the TS Estimate/PC-I which was also irregular.
The matter was discussed in the DAC meeting held in November
2017. The Authority explained that the facilities had been provided by the
contractor as per contract agreement. The DAC directed CDA to get the
original record verified from Audit within three weeks.
70
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 48)
2.4.30.2 Audit noted that employers facilities were included in the
contract agreement of the work Rehabilitation and Re-carpeting of
various roads in Sectors of F&G Series, Islamabad awarded to M/s ZKB
at a contract cost of Rs 845.232 million as detailed below:
Four (04) sets of personal computers
Two (02) sets of HP Laser Jet Enterprise P3015DN or Pro
M706N (B6SO2A) Single function or equivalent.
Two (02) sets of HP Laser Jet Pro MFP M225DW Printers or
equivalent.
One (01) Suzuki Pickup (1000cc) vehicle included all taxes, duties
and registration fee in the name of CDA.
One (01) 480 HP Tractor with Trolley and attachments (Front
Blade, Front Loading Bucket) included all taxes, duties and
registration fee in the name of CDA.
One (01) Hyundai Pickup (Shahzore) vehicle included all taxes,
duties and registration fee in the name of CDA.
Audit observed that the contractor neither provided 480 HP tractor
with trolley and Hyundai Pickup (Shahzore) nor the cost of the facilities
was recovered from the contractor. This resulted into non-recovery of
Rs 3.600 million.
Audit was of the view that irregularity occurred due to non-
adherence to the provisions of agreement, weak internal and financial
controls.
71
Audit pointed out the non-recovery in July 2017. The Authority
replied that since the manufacturing of Shahzore Hyundai Pickup was
discontinued by the manufacturer. Therefore, the same could not be
provided by the contractor. However, as an alternate to the Shahzore
Pickup, the contractor was directed to provide two Suzuki Pickups. In
reply the Authority admitted that Shahzore Hyundai Pickup was not
provided by the contractor.
The matter was discussed in the DAC meeting held in November
2017. DAC directed the management to either get verify the relevant
record from Audit or the amount in question by got recovered in two
weeks‟ time.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early recovery.
(DP 52)
2.4.31 Overpayment due to non-deduction of earth available from
roadway excavation - Rs 4.855 million
According to NHA General Specification item 108-C Formation
of embankment from borrow excavation, measurement shall be made
minus roadway excavation quantity and minus structural excavation
quantity.
NHA specification No.105.4.2 provides that no payment for
roadway or borrow excavation shall be made under this item as the same
is deemed to be included under relative item of formation of embankment.
Specification No. 108.4.2 (b) - formation of embankment from structural
excavation describe that payment for this item include cost of excavation,
haulage, dumping, spreading, watering rolling, labour, equipment, tools
and incidental necessary to complete the item.
72
During scrutiny of the accounts record of Roads Directorate
South (Road-III) CDA Audit noted that CDA measured and paid an item
formation of embankment from borrow excavation in common material
for the works Construction of interchange at Karal intersection of
Islamabad Expressway and Development of signal free and controlled
access corridor of Islamabad Highway from Zero Point to Faizabad
Interchange and Construction of interchange at I-8 intersection
Islamabad”.
Audit observed that the earth obtained from structural excavation
of underpasses for a total quantity of 7,044.15 Cu.m was not deducted as
required under the specification referred above. Moreover, cost of
structural excavation was included in the item of formation of
embankment, hence was not payable separately.
Non-adherence to the technical specifications resulted in
overpayment of Rs 4.855 million.
Audit pointed out the overpayment in July 2016. The Authority
replied that the quantity of earth obtained from structural excavation was
declared unsuitable and was stacked at site. The unsuitable earth was
utilized in landscaping works and filling of ditches along the road and also
in horticulture works. The reply was not accepted because test reports
showing the earth obtained from structural excavation as unsuitable were
not on record. It was an afterthought to avoid recovery.
The matter was discussed in DAC meeting held in February 2017,
wherein, the Authority explained that the excavated earth was declared
unsuitable after laboratory testing. The DAC directed CDA to get the
record and lab test reports in support of reply verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit stresses for early compliance to the DAC‟s directives.
(DP 23 /2016-17)
73
2.4.32 Award of works at higher rates - Rs 2.852 million
According to MES Schedule of Rates 2014, ruling percentage
@ 2% was allowed to be added while preparing the Estimate of the work
bring the cost of the work equivalent to prevailing market rates.
Audit noted that Deputy Director Maintenance Division (Civil),
Aiwan-e-Sadr Islamabad prepared estimates of maintenance works and got
technically sanctioned by allowing 2% ruling premium on BOQ items
based on MES Schedule of Rates-2014 and non-scheduled items at par for
Rs 3.069 million and Rs 3.045 million including 3% contingencies for the
works. The tenders were called and opened on 13
th
June, 2016. The works
were awarded to M/s Guidelines vide acceptance letter No.CDA/
DDMAS/ Accts/ 2016/1025 & 1024 dated 28
th
March, 2016.
Audit observed that the management invited tenders for the
maintenance works at Aiwan-e-Sadr. Participant contractors quoted their
rates on NIT based on Schedule of rates and non-scheduled items. M/s
Guidelines stood first lowest by quoting 61% and 66% above the BOQ
items based on scheduled items. Acceptance of higher premium resulted in
loss to Authority and undue burden on the public exchequer for Rs 2.852
million.
Audit was of the view that the irregularity occurred due to
inadequate mechanism for enforcing relevant rules and weak internal
controls.
Audit pointed out the irregularity in August 2017. The Authority
replied that ruling percentage @ 2% was added while preparing estimates
and the works were awarded after fair competition. Further, the site of
work Aiwan-e-Sadr is in red zone and transportation of labour and
material was much expensive as compared to other areas of the capital due
to involvement of security agencies and movement of VVIPs.
The reply was not tenable because application of ruling percentage
in estimate and technical sanction was a proven fact that rates were
74
considered at prevailing market rates. Scheduled rates along-with ruling
percentage were for all areas of country irrespective of the capital areas.
The matter was discussed in DAC meeting held in November
2017. DAC observed that it is serious issue and decided to place it before
PAC for deliberation and decision.
Audit stresses for investigation and fixing responsibility against the
person (s) responsible for award of work at higher rates.
(DP 87)
Performance
2.4.33 Non-development of sectors despite receipt of funds from
allottees - Rs 63,413.335 million
CDA was established under the CDA ordinance promulgated on
27
th
June, 1960 is governed through an executive Board constituted by the
Federal Government under section 6 of CDA ordinance 1960. The main
objective/ services entrusted to CDA include Development of new sectors.
Audit noted from the compiled accounts of CDA for the month of
June 2017 that funds of Rs 49,025.656 million were shown as balance on
1
st
July 2016 for self-finance sectors. Receipt of Rs 18,765.591 million
was provided in the budget of 2016-17 and progressive receipt was
Rs 67,791.247 million for the financial year 2016-17 and expenditure of
Rs 4,377.912 million was incurred on development activities leaving
unspent balance of Rs 63,413.335 million on 30
th
June 2017. CDA sectors
D-12 and E-12 were launched in 1982 where as Sector I-16 was launched
in 1992 but all three sectors have not been developed despite lapse of
thirty years. Money deposited by the allottees was blocked and value for
money was not achieved by the depositors/allottees. This resulted into
undue blockage of allottees money of Rs 63,413.335 million due to non-
development of CDA Sectors.
75
Audit was of the view that undue blockade of development funds
was due to weak internal controls.
Audit pointed out the irregularity in December 2017 but the
management did not reply.
The matter could not be discussed in the DAC meeting.
Audit recommends early development of CDA sectors opened for
residential purposes at the earliest to facilitate the allottees.
(DP.164)
2.4.34 Inordinate delay in completion of project despite sufficient
funds
As per para 18 of (II Implementation stage) of Project
Management Guidelines every activity should be time based and chased
vigorously.
According to Rule 10 of GFR (Vol-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.
As per original contract agreement, the work “Construction of
Additional (104) Family Suites for the Members of the Parliament
Including Servant Quarters Block for 500 persons” Islamabad” was to be
completed in 728 calendar days from 23
rd
May, 2011.
Audit noted that Deputy Director, Works Directorate (Division-I),
CDA Islamabad awarded the said work at agreement cost
Rs 2,728.451 million to M/s Habib Rafique (Pvt) Ltd and made payment
Rs 823.652 million upto June 2017.
Audit observed that the work was not completed despite time
overrun of four years since 19
th
November 2013 as financial progress was
76
Rs 1,292.898 million upto 30
th
June 2017 against original contract cost of
Rs 2,728.451 million. This indicates that contractor achieved 47%
progress with 160% time overrun. Audit further observed that sufficient
funds Rs 3,251.117 million were released upto 30
th
June 2011 but could
not be utilized in full.
Audit was of the view that contractor/consultant did not perform
the job as per approved schedule which caused inordinate delay in
completion of project despite availability of funds and expended amount
Rs 1,292.898 million was blocked as the project had been facing litigation
which would further delay the completion.
Audit was of the view that irregularity was due to weak
administrative/internal controls.
Audit pointed out the delay in completion of work in October
2017. The Authority replied that the matter was sub-judice and CDA was
also defending its stance during arbitration for the inordinate delay caused
by the contractor.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends to take appropriate action by invoking contract
clauses for early completion of the project.
(DP 145)
2.4.35 Procurement of sub-standard alum sulphate - Rs 1.287 million
According to specification and nomenclature of the item, supply of
Alum Sulphate including cost of loading/unloading and stacking at plant
(well packed in bags weighing 50 kg each) as per specification and
instruction of Engineer in-charge, as under.
i. Alumina as Al2O3 = 17% (Min)
ii. Iron as Fe = 0.5%(Max)
iii. Insoluble matter = 0.5%(Max)
77
iv. Toxic Impurities
a. Arsenic = 3.0 ppm (Max)
b. Lead = 6.0 ppm (Max)
c. Other = Almost NIL with no toxic effects
d. Moisture = 20% (Max)
Audit noted that Deputy Director, Khanpur Dam Division, CDA
awarded a Rate Running Contract for Procurement of Alum Sulphate for
Water Treatment Plant Sangjani Islamabad to M/s Waqar Const. &
Developers at his quoted rates of 10.11% below the NIT cost of Rs 8.580
million on 6
th
March, 2017.
Audit observed that Khanpur Dam Division received a quantity of
55 Metric Ton of Alum Sulphate up-to 12
th
June, 2017 and made payment
Rs 1.287 million to the contractor. Water Quality Control Cell, Central
Engineering Lab, Metropolitan Corporation Islamabad (MCI) reported
with the description that insoluble matter, iron and toxic matter did not
analyze due to non-availability of equipment in the lab. This showed that
alum sulphate received and being used in the treatment of water was sub-
standard. The existence of toxic material in alum sulphate was hazardous
for health of human being using the water. This resulted in procurement of
sub-standard alum sulphate worth Rs 1.287 million.
Audit was of the view that irregularity was due to weak
administrative/internal controls.
Audit pointed out the matter in July-August 2017. The Authority
provided a test report issued by CDA Lab on 10
th
August, 2017 which also
supported the audit contention that toxic impurities in alum sulphate were
not analyzed due to non-availability of equipment in the Lab.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
78
Audit recommends that alum sulphate may be got tested from
some reputable laboratory equipped with the facilities of testing toxic
material to ensure the provision of alum sulphate of standard specification.
(DP 31)
2.4.36 Non-taking of remedial measures for the treatment of polluted
water
Environmental Protection Cell, Environment Directorate
(Regional) CDA is responsible for collecting and analyzing of data of
water, solid waste and air pollution, suggest remedial measures to CDA
formations, preparation of Environmental Impact Assessment (EIA),
Initial Environmental Examination (IEE) for the development projects,
provide technical assistance in the field of environment to Directorates of
CDA, in coordination with environmental institutions especially with Pak-
EPA and Ministry of Environment, promulgation of Environment
Protection Regulation and enlistment of Environmental Consultants.
Audit noted during examination of the record of Environmental
Protection Cell, (R) CDA that the existing sewerage system in Islamabad
was designed as a separate system from the storm water which was
collected in a different system. The sewage disposal system in Islamabad
provides disposal from each house through pipes and its conduction to
trunk sewers.
Three main sewers were designed in the sewage system in
Islamabad:
(a) The first one collects sewage from Sectors-5 to 7 of F to G
series. The sewage is delivered at the plants called Sewage
Treatment Plants Phase-I and II.
(b) The second one collects sewage from Sectors 8 and 9 of F,
G and H series. The sewage was delivered at the plant
called Sewage Treatment Plant Phase-III.
79
(c) The third one collects sewage from Sectors 10 & 11 of D,
E, F, G & H series. The sewage is delivered to the newly
constructed plant called Sewage Treatment Plant Phase-IV.
Audit further noted that as per CDA (Environmental Protection
Regulation, 2008), no one shall dispose-off unauthorized or untreated
affluent of any industrial or commercial concern or contaminated water in
any street, stream, sewerage system, open place, park, road drain etc.
Audit observed that the Sewage Treatment Plant was treating only
an average of 6 million gallons of sewage per day against the planned
quantity of 17 million gallon for the reason that sewage could not reach
the plant due to non-linking of the existing sewage network, which was
choked and broken down at various places. Sewage of about 11 million
gallon was, therefore, flowing in different ravines passing through various
sectors of Islamabad, thus causing pollution. The Environmental
Protection Cell, CDA could not take corrective measures for restoration
and linking of broken sewage lines with main sewage network. This
resulted in flowing sewage in different ravines and causing pollution.
Audit was of the view that irregularity was due to weak
administrative/internal controls.
Audit pointed out the irregularity during July-August 2017. The
Authority did not reply.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends that matter be investigated for violation of rules
and action be taken against the person(s) at fault.
(DP 22)
80
Internal Control Weaknesses
2.4.37 Non-revision of rates of property tax, water and conservancy
charges
According to SRO 806 (I)/91, in exercise of the powers conferred
by rule 6(I) of the Capital Development Authority (Imposition of Taxes)
Rules, 1981, the Federal Government sanctioned levy of property tax in
Islamabad with immediate effect vide the Gazette of Pakistan
(Extraordinary) dated 20
th
August, 1991. The rates were operational for a
period of three years.
In supersession of SRO 806 (I)/91 dated 20
th
August, 1991,
Cabinet Division pleased to levy tax at the rate of one-twelfth of the
annual value of buildings and lands located within the areas specified in
Cabinet Division‟s Notification No. SRO 805(I)/91 dated 20
th
August,
1991 effective from 28
th
June, 1995.
Punjab Urban Immovable Property Tax Act 1958 enforced by the
Government of Punjab provides that under the provisions of the Act, the
property tax is levied on the annual value of buildings and land located in
the rating area. It is levied at the rate of 5% of annual value at which the
property may be let out from year to year basis.
Property Tax was levied and collected under Sindh Urban
Immovable Property Tax Act, 1958. A uniform rate of tax is levied on all
categories of properties @ 25% of annual rental value (ARV).w.e.f. 1
st
July, 2013.
Finance Wing CDA vide its letter dated 28
th
October, 2016 also
conceded that the Authority was facing severe financial crunch with
reduced revenue inflows while having huge ongoing routine works and
administrative expenditures and an enormous amount of outstanding
liabilities.
81
2.4.37.1 Audit noted that various formations/divisions of CDA (Water
Production-I & II, Water Supply South & North, Bulk Water
Management) incurred an expenditure of Rs 1,655.955 million for
production and supply of water in Islamabad for the year 2015-16.
Similarly Sanitations Directorate incurred an expenditure of Rs 466.605
million (for the year 2016-17).
Audit observed that Authority incurred an expenditure of
Rs 1,655.955 million for water supply production for the year 2015-16
against which Revenue Directorate CDA collected water charges
amounting to Rs 193.101 million. Similarly, Sanitation Directorate CDA
incurred an expenditure of Rs 466.205 million for cleaning and municipal
services etc. for the year 2016-17 against which Revenue Directorate CDA
collected conservancy charges of Rs 78.17 million only. This resulted into
loss of
Rs 1,851.289 million. The loss sustained by Authority due to non-revision
of rates of water and conservancy charges since year 2000.
Audit was of the view that non-revision of rates was due to
inadequate mechanism for enforcing relevant rules and weak
administrative/internal controls.
Audit pointed out the loss in August 2017. The Authority replied
that a summary for revision of the rates of property tax water and allied
charges was moved after fulfillment of codal formalities to the Federal
Government soliciting approval. As and when summary is got approved
and revised rates will be applicable to the consumers audit will be
informed accordingly. The reply was not tenable as the rates were not got
revised since 2001 and the Authority was facing recurring loss every year
which needs corrective action for approving of the summary with
presenting facts and figures of expenditure incurring for water supply and
municipal services to minimize the loss sustained by Authority annually.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
82
Audit recommends appropriate measures for recovery of Property
Tax and water charges on updated rates.
(DP 64)
2.4.37.2 Audit noted that CDA made last revision of property tax rates in
2001. The revised rates were effective from 1
st
February, 2001 till further
orders. Revenue Directorate CDA Islamabad collected the following
Property Tax in last seven years.
(Rs in Million)
Year
Target
Collection
Shortfall
2010-11
1,200.00
617.989
582.011
2011-12
1,200.00
620.721
579.279
2012-13
1,200.00
730.799
469.201
2013-14
1,200.00
752.690
447.31
2014-15
1,200.00
747.568
452.432
2015-16
1,200.00
786.899
413.101
2016-17
1,200.00
813.114
386.886
Audit observed that rates of Property Tax since 2001 were not
revised despite increase in the valuation of property manifold in
Islamabad. Due to non-revision of rates, there was a financial impact of
less recovery of Rs 1,200 million (approx.)
Audit further observed that estimated/budgeted receipts/target for
property tax was fixed lump sum and detail working on the number of
units along with the long outstanding arrears amount was not given. The
target receipt remained constant despite increase in number of units every
year.
Audit was of the view that revision of rates of Property Tax and
allied charges was not made due to deficient revenue-recognition policies,
disregard to the rules/regulations and weak internal controls. The
Authority failed to increase due revenue in a climate of financial
constraint and declining resource availability.
83
Audit pointed out the irregularity in July 2017. The Authority
replied that a summary for revision of the rates of property tax, water and
allied charges was moved after fulfillment of codal formalities to the
Federal Government soliciting approval. As and when summary was got
approved and revised rates will applicable to the consumers. The reply
was not satisfactory. The matter needs to be brought into the notice of
CDA high-ups and revision of rates taken with Federal Government to
minimize the huge loss sustained by the Authority annually.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends earlier actions to effect actual recovery of taxes
and strengthen the internal control system to impose financial health of
CDA.
(DP 65)
2.4.38 Non-recovery of outstanding property tax - Rs 1,901.553
million
According to Section 49-A of CDA Ordinance, 1960, any sum due
to the Authority from or any sum wrongly paid to any person under this
Ordinance shall be recoverable as arrears of land revenue. Rule-26 of
General Financial Rules Vol-I provides that it is the duty of departmental
officer to see that all sums due to Government are regularly assessed,
demanded, realized and remitted into Treasury.
According to S.R.O. 806(1)/91 dated 20
th
August, 1991, the
Federal Government, in exercise of the powers conferred by rule 6(1) of
the Capital Development Authority (Imposition of Taxes), Rules, 1981,
has sanctioned levy of property tax in Islamabad, with immediate effect at
the rate and on the conditions given in the SRO.
Audit observed that Revenue Directorate CDA did not recover
outstanding dues of Rs 1,901.553 million on account of property tax,
water and allied charges from various residential buildings, commercial
buildings, educational institutions, offices, etc., as detailed below:
84
DP. No.
Description
Amount
(Rs in million)
Remarks
54
Property tax
21.667
Workers Welfare Fund,
residential
houses/offices of F6-G6,
F6-G5, Emigration
Tower G-8/1 and FPCCI
G-8/1 Islamabad
55
Property Tax
6.169
Benevolent Fund
Building
55
Property Tax
5.091
Printing Corporation
Press
56
Property Tax
828.003
801 Residential building
and 459 commercial
buildings
102
Property Tax
111.839
E, F, G and I Sectors
103
Property, water
and allied
charges
36.882
Commercial buildings
57 & 58
Property, water
and allied
charges
52.978
Media groups
61
Property Tax
32.175
Zarai Taraqiati Bank
66
Property Tax
53.066
Gun and Country Club
104
Property Tax
678.430
Educational institutions
105
Property Tax
42.716
PTV
107
Property tax
5.872
Millennium Heights and
Golden Heights,
Economy flats, F-11
59
Water and
conservancy
charges
11.806
US Embassy
(less billing)
60
Water and
conservancy
charges
3.580
Pak China Friendship
Centre
62
Water and
conservancy
charges
11.279
US Embassy (Rs 4.578
million) and Centaurus
Mall (Rs 7.151 million)
Total
1,901.553
85
Audit was of the view that non-recovery of outstanding dues was
due to inadequate mechanism for enforcing relevant rules and weak
administrative/internal controls.
Audit pointed out non-recovery in April and August 2017. The
Authority replied that notices had been served. As and when recovery is
effected Audit would be informed accordingly. The reply was not
accepted as property tax was not recovered in violation of the CDA
Ordinance 1960. Early action was required to be taken against the
defaulters including referring the case to Assistant District Collector for
legal proceeding for effecting recovery along with arrears and surcharges
besides taking corrective measures for identification of the non-tax payer,
devising of concrete policy/procedure to safeguard the revenue sources of
CDA.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit stresses for early recovery.
2.4.39 Carpeting of roads without obtaining NOC from MPO -
Rs 845.232 million
According to Rule-I of CDA Procedure Manual Part-II, every
public officer is expected to exercise the same vigilance in respect of
expenditure incurred from public funds as a person of ordinary prudence
would exercise in respect of expenditure of his own money. The
expenditure should not be prima facie more than the occasion demands.
Audit noted that Director Market & Roads Maintenance CDA
Islamabad awarded a work of re-carpeting of various roads in Sectors of
F&G Series, Islamabad. The work was started on 10
th
Novembr, 2015 and
to be completed in six (06) months upto 9
th
May, 2016. The work was still
in progress.
Audit observed that carpeting work was got executed mostly in
various streets of Sector F&G not included in the detailed estimates. On
86
the other hand MPO Directorate was also executing carpeting work in the
same localities and Sectors of Islamabad. The NOC from MPO
Directorate was required to be obtained before estimation and execution of
carpeting work to avoid any overlapping/duplication of the streets but the
same was not obtained. This resulted into execution of carpeting work for
Rs 845.232 million without obtaining NOC from MPO.
Audit was of the view that irregularity was due to inadequate
mechanism for enforcing relevant rules and weak administrative/internal
controls.
Audit pointed out the irregularity in July 2017. The Authority
replied that the re-carpeting was executed as per scope of work/estimation
in F&G Series, however, some streets of different sectors were got
executed on the special directions of high-ups. In reply, the Authority
admitted that some streets of different sectors were got re-carpeted on the
special directions without provision in the approved estimates and
reconciliation with the MPO which was also doing carpeting work in the
same Sectors, so chances of overlapping cannot be overruled.
The matter was discussed in the DAC meeting held in November
2017. The Authority reiterated its previous stance. The DAC directed to
obtain NOC from MPO that there was no duplication between the works
carried out by them and Market and Road Directorate.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit stresses to reconcile the position of carpeting with MPO to
avoid any overlapping/duplication.
(DP 50)
87
2.4.40 Non-completion of work despite incurring expenditure of
Rs 295.00 million
According to Rule 23 GFR, every Government officer should
realize fully and clearly that he would be held personally responsible for
any loss sustained by Government through fraud or negligence on his part
and that he will also be held personally responsible for any loss arising
from fraud or negligence on the part of any other Government officer to
the extent to which it may be shown that he contributed to the loss by his
own action or negligence. Detailed instructions for regulating the
enforcement of such responsibility are embodied in Appendix 2.
Audit noted that CDA Development Working Party in its meeting
held in May 2006 approved PC-I for “Recreation Facilities of Ladies Club
Markaz G-10, Islamabad” to provide recreational facilities in Islamabad
for Rs 335.69 million. Audit further noted that the Authority awarded the
work in December 2006 to the contractor M/s Expertise (Pvt.) Ltd at a cost
of Rs 182.85 million. The work was started on 19
th
January, 2007 with a
completion period of 18 months and an expenditure of Rs 295.00 million
incurred up to May 2009 including a sum of Rs 247.629 million on civil
works (upto 27
th
running bill).
Audit observed that the work could not be completed despite lapse
of a period of eight years. The work at site was stopped in May 2009 and
still not resumed due to the reasons best known to the Authority. This
resulted in wasteful expenditure of Rs 295.00 million.
Audit was of the view that expenditure already incurred has gone
waste due to stoppage of work since 2009.
Audit pointed out the matter in August 2017. The Authority replied
that delay in project was due to delay in administrative approvals, change
of design and overall financial constrains in CDA, furthermore, it was
explained that the Revised PC-I was duly approved by CDA DWP. As
soon as the work will restart on the said facility, the progress report will be
88
shared with the audit. The reply was not accepted as stoppage of work was
due to ill planning and weak technical supervision.
The matter was discussed in the DAC meeting held in November
2017, DAC observed that it was a serious issue and decided to place it
before PAC for deliberation and decision.
(DP 81)
2.4.41 Non-recovery on account of Operation & Maintenance
Charges of Water Treatment Plant from beneficiaries -
Rs 195.327 million
Rule 8 of General Financial Rules (Vol.-I) provides that a
departmental controlling officer is required to promptly assess, realize and
deposit the Government revenue into Government funds.
Audit noted that Deputy Director, Khanpur Dam Division,
Directorate of Bulk Water Management, CDA, Islamabad operates and
maintains water treatment plant at Sangjani and supplied treated water to
Rawalpindi Cantonment Board (RCB), WASA Rawalpindi and CDA
Islamabad as per their approved share.
Audit observed that Operating and Maintenance Charges incurred
on the plant during financial year 2016-17, as per share of the treated
water supplied to the beneficiaries i.e. RCB and WASA Rawalpindi were
not recovered from the beneficiaries. This resulted into non-recovery of
Rs 195.327 million as detailed below:
(Rs in million)
Period
RCB
WASA
Total
Amount outstanding upto June 2017
771.902
260.427
1,032.329
Less arrears upto June 2016
656.306
180.696
837.002
Total amount due for FY 2016-17
115.596
79.731
195.327
Less received during FY 2016-17
0
0
0
Amount outstanding for FY 2016-17
115.596
79.731
195.327
89
Audit was of the view that the non-recovery was due to non-
implementation of relevant rules and weak administrative/internal
controls.
Audit pointed out non-recovery in July-August 2017. The
Authority replied that recovery of O&M charges from beneficiaries was
being pursued and in a meeting with Additional Secretary Cabinet
Division, it was decided that RCB will arrange funds for payment to CDA.
The Authority in its reply admitted that RCB and WASA Rawalpindi were
not paying their shares on account of Operation & Maintenance (O&M)
Charges of Water Treatment Plant. Non-recovery/non-repayment of loan
was in violation of the approved PC-I.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends early recovery of the outstanding amount from
the beneficiaries.
(DP 30)
2.4.42 Non-adjustment of advance payment - Rs 94.902 million
According to Federal Treasury Rules (Responsibility for the
money withdrawn (Rules 205 to 216) “Every Government officer
entrusted with the payment of money should obtain for every payment he
makes a voucher setting forth the full and clear particulars regarding the
claims and all relevant information necessary for its proper identification
and classification in accounts.
Audit noted that the Directorate Sector Development CDA,
Islamabad made an advance payment of Rs 5.00 million to Deputy
Director MPO (Maintenance) in November 2016 on account of
1
½ inches
thick carpeting of roads in Sector D-12. Audit further noted that
previously payment of Rs 94.902 million was also made on this account.
90
Audit observed that vouched account on the basis of actual work
done was not obtained to adjust the advance payments. This resulted into
non-adjustment of advance payment of Rs 94.902 million.
Audit was of the view that the non-adjustment was due to weak
financial controls.
Audit pointed out the issue in August 2017. The Authority replied
that adjustment of the advance payment will be obtained from MPO and
record will be got verified by Audit. The reply was not accepted as
adjustment of advance payment was not made, which was in violation of
Treasury rules.
The matter was discussed in the DAC meeting held in November
2017. DAC directed CDA to provide the area wise details to Audit and
adjustment of amount be got verified from Audit within one week.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit stresses for early adjustment of advance payments.
(DP 07)
2.4.43 Overpayment to the contractors due to higher estimation -
Rs 30.253 million
Clause 9 (a) of SOP for management of Sanitation services in
Islamabad describes the Sector Team as under:-
There shall be a team for every Sector, consisting of:
- One Sanitary Inspector
- Five Sanitary Supervisors
- 10 Mates
- 150 Cleaners.
91
Audit noted that Sanitation Directorate (MCI) awarded the work
“Privatization/ Provision of Sanitation Services, Cleaning, Sweeping,
Collection & Transportation of Solid Waste/ Garbage for Sectors G-6, G-
7, G-8, G-9, G-10, I-10 & I-11 to seven (07) contractors 28% above the
estimated rates.
Audit further noted that following components were included in
the estimate of work:
S.
No.
Particulars
Quantity
Cost per
annum
1.
Driver
01
Rs 154,800
2.
Truck loaders
02
Rs 288,000
3.
POL charges
-
Rs 672,000
4.
Repair & maintenance charges of
tractor towed with mechanical
sweeper
-
Rs 420,000
5.
Contractor‟s profit
10% of each
component
Audit observed that the estimates were prepared and got approved
from the competent authority on the basis of SOP adopted by the
Sanitation Directorate, wherein provision of the tractor toed with
mechanical sweeper was not available. Hence, the inclusion of this
machinery without reduction in number of cleaners, resulted in
overpayment to the contractor for Rs 15.127 million. Audit further
observed that the log/work books were also not maintained by the
authority to verify actual area covered by the mechanical sweeper.
Audit was of the view that overpayment was due to weak financial
controls.
Audit pointed out the overpayment in July 2017. The
Authority/MCI did not reply.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
92
Audit stresses for recovery and corrective measures.
(DP 73)
2.4.44 Delay in completion of water supply scheme due to non-
removal of encroachment - Rs 27.274 million
According to Rule-I of CDA Procedure Manual Part-II, every
public officer is expected to exercise the same vigilance in respect of
expenditure incurred from public funds as a person of ordinary prudence
would exercise in respect of expenditure of his own money. The
expenditure should not be prima facie more than the occasion demands.
Audit noted that Deputy Director (Zone-A) awarded the work
“Providing & Laying Water Supply System in Sector I-14/2&3 Islamabad
at a cost of Rs 84.828 million”. The wok was started on 24
th
May, 2012
and was to be completed on or before 23
rd
August, 2013. Monthly
Progress Report of Annual Work Plan for June 2017 indicates that an
expenditure of Rs 27.274 million was incurred on the work.
Audit observed that the work was not completed for last five years
due to non-availability of land which reflects mismanagement.
Audit was of the view that award of work without availability of
land was contrary to codal provisions and expenditure on incomplete work
termed as wasteful.
Audit pointed out the mismanagement in August 2017. The
Authority replied that expenditure of Rs 27.274 million was incurred
against work done at site. However, despite numerous letters issued to
Land & Rehabilitation Directorate, CDA for safe land possession in order
to complete the remaining works timely at site but possession of land was
not given yet causing delay in completion of work and upon this hope the
account of the contractor was not yet been finalized. Balance work shall
be taken in hand upon provision of safe land possession. The Authority
agreed in its reply that work was not completed due to non-availability of
93
land. This indicates that work executed for Rs 27.274 million has no
utilization over years which tantamounts to loss to the Authority. Award
of work without availability of site was in violation of standing rules.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit stresses upon investigation and appropriate corrective action.
(DP 32)
2.4.45 Non-recovery of secured advance - Rs 15.109 million
As per clause 60.11-a (Particular Conditions of Contract) the
contractor shall be entitled to receive from the Employer Secured Advance
against Indemnity Bond acceptable to the Employer of such sum as the
Engineer may consider proper in respect of non-perishable materials
brought at the site but not yet incorporated in the payment works provided
that (b) the recovery of the secured advance paid to the contractor under
the provisions shall be effected from the monthly payment on actual
consumption basis.
Audit noted that Deputy Director, Works Division-I, CDA
Islamabad awarded the work “Construction of Additional (104) Family
Suites for the Members of the Parliament Including Servant Quarters
Block for 500 Persons” Islamabad at agreement cost of Rs 2,728.451
million to M/s Habib Rafique (Pvt) Ltd and made payment of Rs 823.652
million upto June 2017.
Audit observed that secured advance of Rs 189.494 million was
paid to the contractor upto 14
th
running bill out of which Rs 174.385
million was recovered upto 16
th
running bill. Balance secured advance of
Rs 15.109 million was recoverable since May 2016. This resulted in non-
recovery of secured advance amounting to Rs 15.109 million.
94
Audit was of the view that the non-recovery of secured advance
was due to weak internal controls and inadequate oversight mechanism for
enforcing relevant rules and regulations.
Audit pointed out the non-recovery in October 2017. The
Authority replied that recovery of the secured advance had been adjusted
in subsequent IPC. The reply was not tenable as the recovery of the
secured advance was not made and shown to Audit.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends early recovery of long outstanding secured
advance besides interest thereon.
(DP 150)
2.4.46 Non-recovery of room rent and utility charges of hostels/lodges
- Rs 11.097 million
Para-26 of GFR Vol-I provides that it is the duty of the
departmental Controlling officers to see that all sums due to Government
are regularly and promptly assessed, realized and duly credited in the
Public Account.
Audit noted that the Authority could not recover dues on account
of room rent/utility charges from the allottees of rooms/space in
parliament lodges, family suites, government & officers hostels during the
year 2016-17. This resulted in non-recovery of rent of Rs 11.097 million,
as detailed below:
S
No
Detail of outstanding Dues
Amount
(Rs in million)
1
Family suites: Government Hostels
0.738
2
Single room: Government Hostels
0.942
3
CDA Officer hostels
1.900
4
Arrears of utilities of Parliament Lodges
2.900
95
S
No
Detail of outstanding Dues
Amount
(Rs in million)
5
Outstanding Dues of Parliament Lodges
0.492
6
Arrears of utilities of Cafeteria of Parliament
Lodges
2.262
7
Rent of Cafeteria (Government Hostel)
1.863
Total
11.097
Audit was of the view that non-recovery occurred due to weak
internal controls.
Audit pointed out non-recovery in October 2017. The Authority
did not reply.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends early recovery.
(DP 118)
2.4.47 Award of work at higher rates without assessment of
reasonability of rates - Rs 7.115 million
Rule 36(b)(ix) of Public Procurement Rules, 2004 regarding
procedures of open competitive bidding provides that the bid found to be
the lowest evaluated bid shall be accepted.
Audit noted that Director, Parliament Lodges & Hostels
Directorate CDA, Islamabad floated advertisement and opened tenders on
9
th
May, 2017 for the work “Renovation/Up gradation of 07 Passenger
lifts at Parliament Lodges Islamabad”. The estimates of the work were
prepared on market rates basis for an amount of Rs 4.365 million.
Audit observed that only a single bidder M/s Abdul Wahab
Enterprises participated in the bidding process by quoting bid 65% higher
than the estimated cost involving Rs 7.202 million which was further
96
negotiated for Rs 7.115 million (63% above on the engineering estimates)
and contract was awarded to single bidder M/s Abdul Wahab Enterprises.
Award of works at higher rates i.e. 63% above the market based estimates
stood irregular for Rs 7.115 million.
Audit was of the view that irregular award of work occurred due to
weak internal/financial controls and inadequate oversight mechanism for
enforcing relevant rules and regulations.
Audit pointed out irregularity in October 2017. The Authority
replied that the work was of specific nature and the firms having specified
code of ME-03 (lifts & escalators) as per registration category and
specialization codes issued by Pakistan Engineering Council, Islamabad
were eligible for issuance of tender documents. The applications were
scrutinized and only one firm i.e. M/s Abdul Wahab Enterprises was of
specialized code of ME-03 and accordingly tender documents were issued
to the said firm and as per Clause 4(b)(b) of BOI the next higher authority
i.e. Member (Engineering) CDA accepted the lowest bid and work was
awarded. The reply was not tenable as acceptance of single tender @ 63%
above the engineer‟s estimates was not competitive. It was required to be
re-tendered through wide publicity to obtain competitive rates through
open bidding.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends investigation for fixing responsibility.
(DP 123)
2.4.48 Payment of overtime allowance over and above the approved
rates - Rs 6.602 million
According to Government of Pakistan, Finance Division
(Regulation Wing) OM No.F.4 (1) R-5/2010 dated 6
th
July, 2015,
overtime allowance admissible to Staff Car Drivers / Dispatch Riders was
enhanced from Rs 25 per hour to Rs 40 per hour subject to a maximum
97
limit of Rs 240 per day with effect from 1
st
July, 2015. The allowance was
payable only after verification of the officer concerned.
Audit noted that Director, Environment (Regional & Transport),
CDA allowed overtime allowance at the rate of 150% of the pay to the
Drivers and OGMs.
Audit observed that the rate of overtime allowance was paid in
excess of the notified rates of the Finance Division, Government of
Pakistan which resulted in overpayment of Rs 6.602 million.
Audit was of the view that overpayment was due to weak internal
and financial controls.
Audit pointed out the irregularity in July-August 2017. The
Authority did not reply.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends early recovery of the overpaid amount of
overtime.
(DP 23)
2.4.49 Procurement of imported electrical items without ensuring
genuineness of the items supplied - Rs 6.069 million
As per Para 6 of instructions contained in MB (with reference to
Paras 209 to 211 of CPWA Code), the measurement should be recorded
only by Executive, Assistant Executive or Assistant Engineers or by
executive subordinates in-charge of work to whom MBs were supplied for
the purpose. All such measurements (i.e. those recorded by subordinates)
should, however, be test checked to the extent of at least 50% by the sub-
divisional officer himself in each case, and he will be responsible for the
general correctness of the bill as whole. Para 8 provides that the Divisional
Officer should test check at least 10% of measurements recorded by his
98
subordinates, and accept responsibility for the general correctness of the
bill as whole.”
Audit noted that Deputy Director, Street Light Division-I, CDA,
Islamabad awarded a work procurement of Store Material for repair &
maintenance of Street Light System in Islamabad to M/s Hunjra Auto &
Engineering on 27
th
February, 2017. Supply order was to be completed in
45 days upto 13
th
April, 2017.
Review of the case file and measurement book No.16557 revealed
that supplies of material was not completed in stipulated time. Total
supply made and recorded in MB upto 30
th
June, 2017 was for Rs 6.069
million against agreed amount of Rs 14.609 million.
Audit observed that supplies were not made on time and only
supplies worth Rs 6.069 million were provided to date. Audit further
observed that supplies contained mostly imported electric items. Payment
of supply for Rs 6.069 million was released without ensuring and
confirming genuineness of the imported items. Following documents were
not found attached with the claim/payment record: -
1. Supplier Indents/Requisitions to manufacturer of electrical
items as per TS estimate.
2. Invoices, Inspection note duly authenticated by the responsible
officers.
3. Landing documents, Sales Tax Custom Duties, if paid by the
supplier.
This resulted in un-authentic payment Rs 6.069 million in violation
of the codal provisions.
Audit was of the view that the un-authentic payment was due to
inadequate mechanism for enforcing relevant rules and weak
administrative/internal controls.
99
Audit pointed out the un-authentic payment in October 2017. The
Authority replied that invoices and other essential documents will be
obtained before finalization of the account of the subject work as per terms
and conditions of the contract.
The reply was not tenable because for payment of imported items,
necessary landing documents were required. Further paid receipts and pre
shipment inspection were mandatory to be obtained before releasing
payment. Almost 50% payment of imported E/M items was released
without submission of necessary document.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit stresses for investigation and appropriate corrective action.
(DP 136)
2.4.50 Non-imposition of penalty for non-compliance of Fire
Prevention and Life Safety Regulations - Rs 5.210 million
As per Director Emergency Disaster Management CDA letter
issued on 12
th
November, 2015, penalty @ Rs 500,000 each was imposed
against the owners of multistory buildings for non-compliance of Fire
Prevention & Life Safety Regulations, 2010. Last notices were issued to
the owners during September to November 2015, with the warning that in
case of non-implementation to the requisite regulations a sum of Rs 3,000
shall be charged (every passing day) until complete adoption of CDA
Building Standards 2010.
Audit noted that certain multi-storey buildings/towers were
constructed in Islamabad but the owners of the buildings/towers did not
install required equipment within the meaning of the CDA Building
Standards for Fire Protection & Life Safety 2010, which was a serious
negligence on the part of the owners of the Building/Towers, which may
result in serious disaster at any time and loss to precious human lives.
100
Audit observed that neither the fire safety systems were installed
nor any recovery was made on account of penalty from the owners of the
buildings. This resulted into non-compliance of Fire Prevention and Life
Safety Regulations, 2010 and non-recovery of the penalty for Rs 5.210
million.
(Rs in million)
Name of building
No. of days
(12.11.15 to
31.03.17)
Penalty @
Rs 300
per day
Lump-sum
penalty
imposed
Total
Millennium Heights,
F-11/1
504 days
0.151
0.500
0.651
Tariq Heights, F-11/1
504 days
0.151
0.500
0.651
Sughra Tower, F-11/1
504 days
0.151
0.500
0.651
Al- Safa Heights, F-
11/1
504 days
0.151
0.500
0.651
Hamza Tower, F-11/1
504 days
0.151
0.500
0.651
Golden Heights, F-
11/1
504 days
0.151
0.500
0.651
Al Mustafa Tower, F-
10/3
504 days
0.151
0.500
0.651
UBL Tower, Jinnah
Avenue
504 days
0.151
0.500
0.651
Total
1.210
4.000
5.210
Audit was of the view that non-recovery was due to inadequate
mechanism for enforcing relevant rules and weak administrative/internal
controls.
Audit pointed out the matter in April 2017. The Authority replied
that concerned formation would be conveyed audit observation. Interim
reply was submitted. Non-installation of fire prevention & life safety
system in the high-rise buildings was a public importance issue which
should have been addressed accordingly.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
101
Audit recommends to investigate the matter at appropriate level
and ensure installation of fire prevention system in high rise buildings
besides recovery of the penalty.
(DP 108)
2.4.51 Non-auction of kiosks and non-revision of license fee - Rs 5.040
million
According to Licenses for Kiosks in Lake View Park awarded by
the CDA in 2007-08, the license fee was required to be revised as and
when approved by the Authority from time to time.
Audit noted that Deputy Director Parks (Landscape) awarded
twenty-one (21) licenses of kiosks of different sizes in 2007-08 to
different contractors/vendors in Lake View Park Islamabad. Licenses for
these kiosks were awarded with the approval of Chairman/Member (Env)
without open bidding @ Rs 2,000 per month without mentioning period of
license.
Audit observed that license fee of these kiosks was not revised for
last 10 Years, whereas rent prevailing in market was not less than
Rs 25,000 per month approx.
Audit was of the view that award of licenses without open bidding
for indefinite period was irregular and non-revision of fee is recurring loss
to CDA. This resulted in recurring loss of CDA revenue for Rs 5.040
million.
Audit was of the view that loss occurred due to inadequate
mechanism for enforcing relevant rules and weak administrative/internal
controls.
Audit pointed out the loss in November 2017. The Authority
replied that during 2007-08, 21 kiosks of different sizes were licensed out
to the vendors belonging to poor / lower middle class of society. These
102
kiosks were awarded at the monthly rent of Rs 2,000 per month with
annual increase of 10% as per approved rental rate of DMA in accordance
with municipal by-laws. Presently this rate has increased Rs 4,600 per
month which was 130% more than the initial rate. To address the query
raised by the audit, Costing Section, CDA and DMA was being requested
to re-evaluate the rental rates of Kiosks which would be got approved
from the competent forum as per municipal by-laws. The reply was not
tenable because the rates should have been revised from time to time as
per prevalent market rates.
The matter could not be discussed in DAC meeting despite
requests made by Audit in December 2017 and January 2018.
Audit recommends corrective measures and observance of Public
Procurement Rules in its true spirit.
(DP 158)
2.4.52 Non-recovery of advance income tax - Rs 4.436 million
According to Clause 236A (Advance Tax at the Time of Sale by
Auction with Explanation) Any person making sale by public auction or
auction by a tender], of any property or goods including property or goods
confiscated or attached) either belonging to or not belonging to the
Government, local Government, any authority, a company, a foreign
association declared to be a company under sub-clause (vi) of clause (b) of
sub-section (2) of section 80, or a foreign contractor or a consultant or a
consortium or Collector of Customs or Commissioner of Inland Revenue
or any other authority, shall collect advance tax, computed on the basis of
sale price of such property and at the rate specified in Division VIII of Part
IV of the First Schedule, from the person to whom such property or goods
are being sold. For the purposes of this section, sale of any property
includes the awarding of any lease to any person, including a lease of the
right to collect tolls, fees or other levies, by whatever name called.
Further as per Clause 15 of the lease agreement, the lessee will pay
to any local authority all taxes, rates, royalties (if any be payable)
103
assessments, charges and imposition of every description which now are
or during the said term shall be charged, assessed or imposed upon by any
lawful authority or be payable thereon only on the business conducted at
the site/structure therein under any law, rule or order for the time being
and from time to time in force.
Audit noted that the Director Parks, CDA Islamabad leased out
various sites in parks for collection of Entry Tickets, Car Parking and
KIOSK etc. and received fee Rs 30.138 million during the year 2016-17.
Audit further noted that CDA Leased out old Traditional House
Shakarparian for a period of 20 Years to M/s Al-Hamdo-Lillah since 2008
@ monthly rent Rs 500,000 per month with 10% increase per annum.
Audit observed that CDA received leased money Rs 44.358
million during the year 2016-17 but advance tax @ 10% was not collected.
This resulted in non-recovery of income tax amounting to Rs 4.436
million.
Audit was of the view that non-recovery of advance income tax
occurred due to inadequate mechanism for enforcing relevant rules and
weak administrative/internal controls.
Audit pointed out the non-recovery of advance income tax in
November 2017. The Authority replied that Additional Commissioner
(Inland Revenue) East Zone-II Regional Tax Office Islamabad has been
conveyed for taking necessary action as per relevant tax rules. The reply
was not tenable because collection of advance tax from the licensee was
the responsibility of the Authority. Audit stresses for collection of advance
tax at the earliest.
The matter could not be discussed in DAC meeting despite
requests made by Audit in December 2017 and January 2018.
Audit stresses for early recovery of the Income Tax.
(DP 157)
104
2.4.53 Overpayment due to non-adjustment of prices of specified
material - Rs 8.521 million
According to Clause 70.1 of agreement and Appendix-C, the
amounts payable to the contractor, pursuance to Sub-Clause 60.1 shall be
adjusted in respect of the rise or fall in the cost of bitumen (80/100) by
applying to such amount as prescribed in the adjustment formula.
Audit noted that during the years 2015-16 and 2016-17 there was a
constant decrease in the prices of HSD and bitumen.
Audit observed that neither the Authority processed the de-
escalation on account of rise or falls in prices nor the contractors claimed
any escalation/de-escalation. Audit worked out the de-escalation on
account of HSD bitumen and other decreased rate items and found that an
overpayment of Rs 8.521 million has been made to the contractors on
three (03) projects. Project-wise detail of de-escalation is as under:
(Rs in million)
DP No.
Name of Project
Amount of
De-escalation
05
Construction of Major Roads in Sector I-12,
Islamabad
4.107
89
Dualization of Service Roads (East & North)
Sector E-11 to Sector D-12, Islamabad
2.263
90
Construction of 2
nd
Carriageway from
roundabout of service road (west) Sector G-10
to Khayaban-e-Iqbal, Islamabad
2.151
Total
8.521
Audit was of the view that overpayment was due to weak
internal/financial controls.
Audit pointed out the overpayment in August 2017. The Authority
admitted the overpayment and promised to recover the same from the
contractors. However, no recovery was reported to Audit.
105
The matter was discussed in DAC meeting held in November 2017.
Audit contended that price adjustment claims to cater downward trend
were to be obtained and processed to watch the public interest which was
not done. DAC directed CDA that recovery in this regard be made in one
month time and got verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit stresses for early recovery.
(DP 05,89,90)
2.4.54 Award of licenses of kiosks without open auction - Rs 3.636
million
According to Para 6 of the Land Disposal Regulations, 2005, all
commercial and business plots shall be sold or leased out through open
auction as commercial plots. As per Paragraphs 72-76 of CDA Procedure
Manual Part-III, every officer of the Authority will be held personally
responsible for any loss sustained by the Authority through fraud or
negligence on his part and that he will also be held responsible for any loss
arising from fraud or negligence on the part of any other employee of the
Authority to the extent to which it may prove that he contributed to the
loss by his own action or negligence.
Audit noted from the record maintained by Environment
Directorate (Regional), CDA, Islamabad that temporary licenses for
operating tuck shops / various kiosks/ stalls at Daman-e-Koh and Monkey
Point were issued to the licensees.
Audit observed that the licenses were issued on simple applications
at a very nominal license fee of Rs 3,000 to Rs 6,000 per year. The
temporary licenses were issued for one year from 2009 and were being
extended without any increase in rates or advertisement in press. It was
also noted that licenses have since been expired in 2014 and 2015 but the
106
licensees were running kiosks without any extension or deposit of license
fee. This resulted in loss due to award of licenses without open auction of
Rs 3.636 million.
Audit was of the view that in absence of open competition, the
Authority compromised the transparency, deprived the entity of the
advantage of competitive rates and denied a fair opportunity to other
prospective bidders for participation in the bidding process.
Audit pointed out the irregularity in July-August 2017. The
Authority did not reply.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends that responsibility be fixed for violation of
rules.
(DP 25)
2.4.55 Non-acceptance of highest bid of car parking license -
Rs 3.506 million
As per Paragraphs 72-76 of CDA Procedure Manual Part-III, every
officer of the Authority will be held personally responsible for any loss
sustained by the Authority through fraud or negligence on his part and that
he will also be held responsible for any loss arising from fraud or
negligence on the part of any other employee of the Authority to the extent
to which it may prove that he contributed to the loss by his own action or
negligence.
Audit noted that auction of Daman-e-Koh Car Parking was held on
13
th
May, 2014 and awarded to M/s Naeem Khan S/o Abdul Rehman at
the rate of Rs 10.610 million for two years. The licence was expired on
25
th
July, 2016. After expiry, the Authority started collection of parking
fee through deployment of its seven employees. (Three for morning and
four for evening shift).
107
Audit further noted that case for re-auction of the public car
parking was initiated on 24
th
June, 2016 which could not be finalized due
to revision of auction TORs till 30
th
December, 2016. Auction was held on
17
th
January, 2017. Three bidders participated in the auction process. M/s
Sher Zaman (Pvt.) Ltd offered highest bid of Rs 7.013 million for two
years which was 38% below the reserve price of Rs 11.353 million. The
highest bid was rejected being lower than the reserve price.
Auction was again held on 28
th
March, 2017 wherein, M/s
Maqsood General Store offered highest bid of Rs 8.200 million which was
Rs 3.052 million (28%) less than the already awarded contract.
This auction was also cancelled being lower than the already
awarded contract. Auction was held third time on 21
st
July, 2017. Despite
expiry of one year period, the car parking was not awarded due to
slackness on the part of the management.
Audit also noted that the Authority collected a sum of Rs 3.161
million from 27
th
July, 2016 to 30
th
June, 2017 through departmental
employees.
Audit observed the following irregularities in processing of auction
for award of Car Parking at Damn-e-Koh:
(i) Previous contract was expired on 25
th
July, 2016. Case for re-
auction of the public car parking was initiated on 24
th
June, 2016.
The Authority did not finalize TORs till 30
th
December, 2016.
Auction was held on 17
th
January, 2017. This slackness on the part
of the management resulted in delay about six month in auction.
(ii) The Authority did not accept the highest bids Rs 7.013 million
offered on 17
th
January, 2017 and Rs 8.200 million received in
auction held on 28
th
March, 2017. Offers were also called on 21
st
July, 2017. The auction was not finalized which resulted in delay.
108
(iii) Due to non-acceptance of the bids, seven employees were
deployed for collection of car parking fee. The Authority could
only collect Rs 3.161 million from 27
th
July, 2016 to 30
th
June,
2017 through seven departmental employees which costs
approximately equal to the collection made by the employees of
CDA. This resulted into loss of Rs 3.506 million (Rs 7.013 *1/2) in
one year of the offer received in January, 2017.
Audit was of the view that loss was sustained due to deficient
revenue-recognition policies, disregard to the rules/regulations and weak
internal controls.
Audit pointed out the irregularity in July-August 2017. The
Authority did not reply.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends investigation to fix responsibility against the
person(s) at fault.
(DP 26)
2.4.56 Overpayment due to duplication and calculation mistake -
Rs 3.42 million
NHA specification provides that the aggregate and asphaltic
material measured shall be paid for at the contract unit price per square
meter for a particular item Triple surface treatment shown on the bill of
quantities, which payment shall be full compensation for furnishing all
labour, materials, tools equipment and incidental for performing all the
work in the construction of bituminous surface treatment or seal coat
complete in place and according to specification, including priming of
surface.
According to CPWA Code Para 220, before the bill of a contractor is
prepared, the entries in the measurement hook relating to the description and
109
quantities of work or supplies should be scrutinized by the Sub-Divisional
Officer and the calculations of "Contents or area" should be checked
arithmetically under his supervision.
2.4.56.1 Audit noted that Deputy Director, Road & Market (Maint.), CDA
Islamabad called and opened tenders of the work “Rehabilitation of IJP
Road from Pindora Chowk to GT Road Link Islamabad” on 22
nd
March,
2016. The lowest quoted rates were 27.92% below on NHA schedule of
Rates, 5% below on MES & 10% on Non-scheduled items at NIT cost of
Rs 226.019. The work was awarded at agreement cost of Rs 165.136
million to M/s Zarif Khan Hussainzai & Brothers on 26
th
May, 2016 with
completion period of six (06) months from the date of issuance of letter of
start.
Audit observed that an item of work Triple Surface Treatment (TST)
including the cost of priming of surface was allowed for execution and
payment, whereas separate item of prime coat was got executed and
measured for the same area/reaches for a quantity of 22,415 square meters.
The Triple Surface Treatment (TST) was got executed and paid to the
contractor simultaneously. Execution of duplicate items of work resulted
in overpayment of Rs 1.965 million to the contractor.
Audit was of the view that the overpayment was due to non-
adherence to nomenclature of pay item, weak internal and financial
controls.
Audit pointed out overpayment in July 2017. The Authority replied
that TST & Prime Coat were executed and paid as per approved
agreement, design and specification. The reply was not tenable because as
per specification of item TST including priming of surface was inbuilt in
the rate of the said item. Thus separate payment of prim coat was not
required.
The matter was discussed in DAC meeting held in November
2017. The Authority explained that prior to application of TST prime coat
was taken for new layer of Base Course material for complete and uniform
110
penetration and effective bonding. The contention of Authority was not
agreed by Audit because specification does not allow execution of prime
coat and TST at same location. The DAC directed to effect recovery from
the contractor and verification of recovered amount from Audit
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit stresses for early recovery of overpayment.
(DP 45)
2.4.56.2 Audit noted that Deputy Director-II, Sector Development Division,
CDA, Islamabad made a payment of Rs 38.318 million to M/s M. Ayub &
Brothers on account of 41
st
running bill for the work Development of Sector
D-12, Islamabad”.
Audit observed that a payment Rs 1.792 million was made against
the sub-head “hard landscaping” whereas actual amount payable comes to
Rs 336,955. This resulted in overpayment of Rs 1.455 million.
Audit was of the view that the overpayment due to calculation
mistake occurred due to non-adherence to nomenclature of pay item, weak
internal and financial controls.
Audit pointed out the overpayment in August 2017. The Authority
replied that overpayment was made inadvertently and same will be
adjusted in
forthcoming payment of IPC.
However, no recovery was
effected.
The matter was discussed in the DAC meeting held in November
2017. CDA explained that recovery had been made in IPC-42 dated 29
th
August, 2017. DAC directed CDA to get the recovery verified within one
week.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
111
Audit recommends early verification of recovery.
(DP 08)
2.4.57 Non-deduction of General Sales Tax - Rs 2.250 million
According to the Islamabad Capital Territory (Tax on Services)
Ordinance, 2001, 16% ICT sales tax shall be charged and levied on the
services provided in ICT.
According to Clause-02 (Additional Terms and Conditions) of
agreement the tender %age over rates or amounts should be inclusive of
all taxes, income, and sales taxes, etc. payable to the Central and
Provincial Governments or Local Bodies and no claims on this account
shall be entertained by the CDA.
As per para 2 (sub para 2) of SRO No. 660(1)/2007 dated 30
th
June, 2007, a withholding agent shall deduct an amount equal to 1/5
th
of
total sales tax shown in sales invoice issued by the supplier and make
payment of the balance amount to him.
Audit noted that the Deputy Director, Maintenance (Civil)
Parliament House, CDA Islamabad, made payment for Rs 12.745 million
for Janitorial and Security Services at different locations in Islamabad
during the year 2016-17.
Audit observed that ICT sales tax as required under the above
referred Ordinance was not deducted. This resulted in non-deduction of
ICT sales tax for Rs 2.039 million.
Audit further observed in another case that the Authority made
payment Rs 8.135 million on account of supply of LED lights to
contractors but did not deduct 1/5
th
of sales tax of total value of General
Sales Tax. This resulted in non-recovery of General Sales Tax Amounting
to Rs 212,229.
112
Audit was of the view that non-deduction of ICT/General Sales
Tax occurred due to inadequate mechanism for enforcing relevant rules
and weak administrative/internal controls.
Audit pointed out the non-recovery in September 2017. The
authority replied that mentioned works were awarded prior to the
implementation of ordinance. The contractor supported their rates
accordingly. Furthermore, while making payment, tax section CDA also
not deducted this tax. The reply was not tenable, as the deduction of sales
tax was due at the time of payment.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends for early recovery.
(DP 127)
2.4.58 Non-cancellation/ vacation of Government accommodation
allotted to ineligible employees
Rule-3 Eligibility: (5) of Accommodation Allocation Rules, 2002
adopted by the CDA, a FGS/CDA employee who owns a house in his own
name or in the name of his spouse or dependent children, at the station of
his posting shall not be allowed Government accommodation and shall be
allowed self-hiring of the house. Such FGS shall be entitled to six months
grace period from the date of completion of his house. All the FGSs/CDA
employees who are already in possession of government accommodation
shall also be allowed period of six months to shift to their own houses.
Audit noted that Director Administration, CDA allotted
accommodation from CDA pool to various CDA‟s employees. Seventy
four (74) CDA allottees of CDA‟s pool accommodation have their own
houses in Islamabad but the allotments of these employees were neither
cancelled nor the government accommodation got vacated which was
irregular. Non-cancellation/vacation of government accommodation was
113
depriving the entitled CDA‟s employees standing on the General Waiting
List.
Audit was of the view that the irregularity occurred due to weak
internal and administrative controls.
Audit pointed out the irregularity in August-September 2017.
The Authority replied that all these houses were cancelled and notices for
vacation of their houses had been issued. But due to the Stay Orders
granted by the honourable courts, the houses could not be vacated
forcibly. These houses had also been allotted or to be allotted to the
eligible employees on the basis of General Waiting List. The Authority
admitted that the government houses were still in the possession of the
illegal occupants.
The matter could not be discussed in DAC meeting despite best
efforts by Audit.
Audit stresses to get vacate the government residence/houses
from illegal occupants and allot them to the deserving employees.
(DP 143)
2.4.59 Payment of Capital Allowance, Special Allowance and Danger
Allowance etc. without approval of Finance Division
As per SRO 180(1)/2013 notified vide statutory notification dated
8
th
March, 2013 through which public sector companies (Corporate
Government) rules, 2013 were introduced to bring clarity in the guidelines
and notified the same as “Public Sector Companies (Corporate
Government) rules 2013 prepared in consultation with SECP to protect the
interest of Government.
During Audit of Directorate of Accounts CDA Islamabad for the
financial year 2016-17 it was noted that CDA is allowing various types of
allowances stated to have approved only by the CDA Board without
getting approval of the Ministry of Finance Division Government of
114
Pakistan. The guidelines were prepared and notified in the Gazette of
Pakistan to improve the governance, frame work and bring transparency.
Code Particulars/details of allowances
225-13 Capital Allowance
120-05 Special Allowance
024-01 Danger Allowance
248-16 Emergency Allowance (E&DM)
241-5 Special Allowance Services
Audit observed that approval of for grant/payment of special
allowances was not obtained from the Finance Division Government of
Pakistan. This resulted into un-authorized/ inadmissible payment of
various types of allowances being paid by CDA to its employees.
Audit was of the view that unauthorized/inadmissible payment
was made due to weak financial controls.
Audit pointed out irregularity in December 2017 but the Authority
did not reply.
The matter could not be discussed in the DAC meeting.
Audit recommends regularization of the allowances from the
Finance Division Government of Pakistan.
(DP.166)
2.4.60 Non-imposition of fine - Rs 2.405 million
Clause 49 of term and conditions of the agreement states that in
case of any failure by the contractor in cleaning / lifting of garbage / debris
green waste/garden waste, etc. or any other work described above, fine
will be imposed on per point/complaint/inspection @ agreed rates.
Audit noted that Sanitation Directorate (MCI) awarded the work
“Privatization/Provision of Sanitation Services, Cleaning, Sweeping,
Collection & Transportation of Solid Waste/Garbage from Sectors G-6,
115
G-7, G-8, G-9, G-10, I-10 & I-11 including vegetable Market of
Islamabad in July 2015.
Audit further noted that in the complaint register, a number of
complaints regarding non-emptying of garbage trolley/skips, non-
collection of garbage from residential areas etc., no-lifting of green/garden
waste/cuttings of trees, debris/unclaimed building material and burning of
Garbage into streets etc. were lodged by the resident of the sectors
privatized by the MCI.
Audit observed that the contractors failed to perform their
contractual obligations in accordance to agreement and made them liable
to imposition of fine of Rs 2.405 million.
Audit was of the view that the irregularity occurred due to weak
internal and financial controls.
Audit pointed out the non- recovery in July 2017. The Authority
replied that fines/penalties were regularly imposed in accordance with
contract agreement on contractors of privatized sectors on violation/short-
comings. Same was deducted from their monthly bills. The reply was not
accepted as complaints record was neither maintained nor recoveries
against complaints were effected from the contractors.
The matter could not be discussed in DAC meeting despite
requests made by Audit in November, December 2017 and January 2018.
Audit recommends inquiry and action against the responsible(s).
(DP 75)
116
CHAPTER 3
CIVIL AVIATION AUTHORITY
(AVIATION DIVISION)
3.1 Introduction
Pakistan Civil Aviation Authority (CAA) is a public sector
autonomous body working under the administrative control of Aviation
Division, Cabinet Secretariat, Government of Pakistan. It was established
on 7
th
December, 1982 through Pakistan Civil Aviation Authority
Ordinance 1982. Prior to creation of CAA, a Civil Aviation Department in
the Ministry of Defence used to manage the Civil Aviation related
activities. Ministry of Defence continued to be the controlling Ministry
even after creation of CAA on 7
th
December, 1982. However, in June,
2013, Government of Pakistan assigned this responsibility to Aviation
Division.
The purpose of establishing CAA is to provide for the promotion
and regulations of Civil Aviation activities and to develop an
infrastructure for safe, efficient, adequate, economical and properly
coordinated Civil Air Transport Service in Pakistan. CAA not only plays
the role of the aviation regulator of the country but at the same time
performs the service provider functions of Air Navigation Services and
Airport Services. The core functions of CAA are, therefore, „Regulatory‟,
„Air Navigation Services‟ and „Airport Services‟. These core functions are
fully supported by various corporate functions of the organization.
The general direction and administration of CAA and its affairs
vests in CAA Board which exercises all powers, performs all functions
and does all acts and things that need to be exercised, performed or done
by the Authority. The Chairman CAA Board is the Secretary of the
Aviation Division to which the affairs of the Authority are allocated.
Presently, it is the Secretary Aviation. CAA Executive Committee is the
highest decision making body of the Organization. It exercises such
administrative, executive, financial and technical powers as delegated to it
by the Authority. Director General CAA is the Chairman of CAA
Executive Committee. The Federal Government appoints the Director
117
General who is the Executive head of CAA and exercises such powers and
performs such functions as may be specified in CAA Ordinance or
delegated to him by the CAA Board from time to time. The CAA Board is
assisted by CAA Human Resources Committee and CAA Audit
Committee. The Director General is assisted by the Deputy Director
General, Directors and Additional Directors. The Director (Finance)
controls the budget and enforces the internal financial controls/checks.
Internal Audit Department is headed by an Additional Director under the
direct supervision of the Director General. The Headquarters of the CAA
are situated at Karachi.
3.2 Comments on Budget and Accounts (Variance Analysis)
i. Audited Financial Statements of Civil Aviation Authority
for the financial year 2016-17 were not provided to Audit
till the finalization of this report.
ii. Unaudited financial statements disclosed the figures of
budget and expenditure as under:
a. Budget and Expenditure
(Rs in million)
Description
Budget
Revised
Budget
Actual
Expense
(Un-
audited)
Excess/
(Saving)
Excess/
(Saving)
%
Establishment
18,910
19,066
14,300
(4,766)
(25.00)
Administrative
Expenditure
4,021
3,787
3,601
(186)
(4.91)
Repair &
maintenance
1,014
1,247
765
(482)
(38.65)
Provision for
doubtful
receivables
10,197
10,803
10,719
(84)
(0.78)
Depreciation
5,635
5,011
4,786
(225)
(4.49)
Financial charges
4
4
3
(1)
(25.00)
Sub-Total
39,781
39,918
34,174
(5,744)
(14.39)
Annual
Development
Programme
35,821
27,972
24,348
(3,624)
(12.96)
Total
75,602
67,890
58,522
(9,368)
(13.80)
118
The total revised budget allocation for the year 2016-17 in non-
development and annual development programme was Rs 67,890 million.
An expenditure of Rs 58,522 million was incurred out of the revised
budget allocation. This resulted in a saving of Rs 9,368 million
representing 13.80% of total budget allocation.
Audit noticed that:
The non-development expenditure of the Authority was 14.39
% saving than the approved revised budget.
In Annual Development Programme (ADP) budget, there was a
saving of Rs 3,624 million representing 12.96% of the budget
allocation. This suggests that the Authority was not able to
fully utilize its allocated budget for development resulting
delay in completion of various infrastructure projects.
b. Revenue
(Rs in million)
Description
Target
2016-17
Realized
Excess/
(Shortfall)
Excess/
(Shortfall)
Aeronautical
63,660
63,607
(53.00)
(0.083%)
Non-
Aeronautical
7,858
9,252
1,394.00
17.73%
Total
71,518
72,859
1,341.00
1.87%
The aeronautical revenue realized was 0.083% less than the
target. This suggests that the Authority was not able to achieve
its targets resulting shortfall in the aeronautical revenue.
Non-aeronautical revenue was 17.73% more than the targeted
revenue due to increased commercial activities. The overall
revenue realized was Rs 72,859 million for the financial year
2016-17 representing 1.87% more than the targeted revenue.
119
Revenue realized during the year is higher than the revenue
realized for the previous year which was Rs 66,088 million.
c. Balance Sheet
Accounting ratios and trend analysis (along-with comments) have
been used to measure the strengths and weaknesses of the Authority‟s
financial position for the year ended 30
th
June, 2017.
(i) Liquidity Position
Liquidity ratios (Current Ratio, Quick Ratio and Net Working
Capital) are used to measure the Authority‟s ability to meet the short-term
obligations.
(Rs in million)
Ratios
Formulae
2016-17
2015-16
A
Current
Ratio
Current Assets
Current Liabilities
53,698
8,094
6.63: 1
44,489
7,615
5.91: 1
B
Quick
Ratio
Cash + Bank + Short Term
Investments
Current Liabilities
23,334
8,094
2.88: 1
20,612
7,615
2.71: 1
C
Net
Working
Capital
(Current Assets Current Liabilities)
53,698-
8,094
=45,604
44,489-
7,615
=36,874
A. Current Ratio
A widely used thumb rule is that a Current Ratio of 2:1 is
satisfactory. By this standard, the Authority‟s current ratio of 6.63:1 for
the Financial Year 2016-17 was satisfactory, and increased from 5.91:1 for
Financial Year 2015-16.
120
B. Quick Ratio
As per generally accepted guidelines, the ratio of 1:1 is considered
satisfactory. By this standard, the Authority‟s Quick Ratio 2.88:1 is also
satisfactory. As compared to the previous Financial Year 2015-16, this
ratio has increased from 2.71:1.
C. Net Working Capital
Positive Working Capital of Rs 45,604 million shows that the
Authority can meet out its current Working Capital needs.
Overall Liquidity Position of Authority is satisfactory.
(ii) Profitability Ratios
These ratios are used to measure the efficiency of the organization
and optimal utilization of assets towards achievement of organizational
goals.
Ratio
Formulae
2016- 17
2015- 16
A
Net Profit
Margin
Net Profit after Taxes
Net Revenue
25,527
71,419
= 35.72 %
16,946
64,519
=26.26 %
B
Return on
Investment
Net Profit after Taxes
Total Assets
25,527
413,530
= 6.17%
16,946
372,427
= 4.55%
C
Total Assets
Turnover
Revenue
Total Assets
71,419
413,530
= 17.27%
64,519
372,427
= 17.32%
It was noticed that during Financial Year 2016-17, the revenue of
the Authority increased by Rs 6,900 million and the net profit also
increased by Rs 8,581 million as compared to the previous year. Net Profit
Margin ratio increased to 35.72% (Financial Year 2015-16: 26.26%).
121
Return on Investment for the year increased to 6.17% (Financial
Year 2015-16: 4.55 %),
Total Asset Turnover decreased to 17.27% (Financial Year 2015-
16: 17.32%).
Authority‟s overall „Profitability Position‟ and Liquidity Position‟
is satisfactory and depicts a sound financial performance.
3.3 Brief comments on the status of compliance with PAC’s
directives
Compliance position of PAC‟s directives on Audit Reports relating
to Civil Aviation Authority is as under:
Year
Total
Paras
No. of
Paras
Discussed
Compliance
Made
Compliance
Awaited
Percentage of
Compliance
1989-90
01
01
01
-
100.0
1990-91
09 CAA +
3 Ex-
ADA + 1
PAR (10)
12
09
3 Ex ADA+
1 PAR
75.0
1991-92
26
26
05
21
19.23
1992-93
33 CAA +
5 Ex-
ADA +
1 PAR
(14)
38
26
07 + Ex-
ADA+01
PAR
68.42
1993-94
49
49
15
34
30.61
1994-95
08
08
05
03
62.50
1995-96
14
14
07
07
50.0
1996-97
20
20
16
04
80.0
1997-98
91
91
75
16
82.41
2 SAR
2
-
2
-
1998-99
46
46
35
11
76.09
1999-00
63
63
32
31
51.00
2000-01
83
83
60
23
72.00
122
Year
Total
Paras
No. of
Paras
Discussed
Compliance
Made
Compliance
Awaited
Percentage of
Compliance
2001-02
14
14
10
04
71.42
2003-04
21
21
16
5
76.19
2004-05
10
10
07
03
70.0
2005-06
13
13
10
03
76.92
2006-07
09
09
05
04
55.55
2007-08
06
06
03
03
50.0
2008-09
17
17
09
08
52.94
2009-10
14
14
12
02
85.71
2010-11
56
56
30
26
53.57
25 PAR
25
19
6
76.0
16 PAR
16
11
5
68.75
33 PAR
33
17
16
51.52
2016-17
20
20
12
8
40.00
Note: Audit Reports for 1985-86, 1986-87, 1988-89, 2002-03, 2011-12, 2012-13,
2013-14, 2014-15 and 2015-16 have not been discussed by PAC till the finalization
of this Audit Report.
123
3.4 AUDIT PARAS
Irregularity and Non-compliance
3.4.1 Procurement without approval of ECNEC - Rs 1,144.068
million
Para-3.3 Guidelines for Project Management denotes that it is
mandatory that the projects of Infrastructure Sector and Production Sector
costing Rs 300.00 million and above should undertake proper feasibility
studies before the submission of PC-I. For mega projects, where huge
amount for feasibility studies is involved, a spirit proposal on PC-II
Proforma is to be submitted for approval. Para 3.5 provides that after
preparation of PC-I/PC-II, the Principal Accounting Officer must certify
that “the project proposal has been prepared on the basis of instructions
provided by the Planning Commission for the preparation of PC-I of the
concerned projects”. Thereafter, PC-I/PC-II is to be submitted to the
relevant forum for approval.
As per Planning and Development Division letter dated 18
th
December, 2004, the autonomous organizations whether commercial or
non-commercial having board by whatever name called, are competent to
sanction their development schemes with 100% self-financing with no
government guarantee and involving less than 25% foreign exchange/
foreign assistance.
Audit noticed that a contract was executed by Director, CNS
Engineering with M/s ELDIS Pardubice S.R.O CZECH Republic for
provision, installation and commissioning of one co-mounted PSR/MSSR
(MODS) at New Islamabad International Airport and one MSSR (MODS)
each at Pasni, Lakpass and Rojhan on turnkey basis of US$ 7.504 million
on 4
th
November, 2016.
Audit observed that the procurement involved foreign exchange
component of US$ 7,504,096 which was more than 25% of FOR (Free on
Rail) contract cost. Hence, approval of the ECNEC was required. Audit
124
further observed that the Authority got approved the procurement from
CAA Board / Development Working Party (DWP) which was not a
competent forum in this regard. Non-observance of project guidelines
resulted in irregular procurement of Rs 1,144.068 million.
Audit was of the view that non-approval of project was an act of
non-compliance with laid down procedures and Planning Commission
directives governing approval of projects.
Audit pointed out the irregularity in September 2017. The
management replied that PC-I and working paper for obtaining
necessary approval were put up for consideration by DWP. The DWP
cleared the radars replacement plan with the remarks that the said project
being a replacement and non-development activity, the PCAA Board was
a competent forum for approval of the said procurement. The reply was
not tenable because procurements involved foreign exchange more than
25% of the total cost, hence, CAA Board was not competent in this regard
and approval of ECNEC was required as per Planning Commission‟s
Guidelines.
The matter was discussed in DAC meeting held in January 2018.
The Authority reiterated its previous stance. Chairman of DAC was agreed
to the CAA stance. However, Audit was of the view that replacement of
equipment was of capital nature as allocation of budget was made in
Annual Development Programme. Radar for new Islamabad International
airport was also included in the procurement which was entirely a new
installation. Thus whole procurement was against the Planning
Commission‟s guidelines.
Audit recommends that approval of the ECNEC be obtained.
(DP.71)
3.4.2 Award of work to an ineligible contractor - Rs 842.145 million
As per clause 2.2.1(i), prior to proceeding with the laying down of
procedure/instructions for the evaluation of bids, one of the important
125
stages of the bid evaluation is the preliminary examination to see whether
the bidder holds a valid licence from the PEC and falls within the category
allowed to participate for the size of the project.
As per registration categories and specialization of Pakistani
contractor by Pakistan Engineering Council (PEC), category EE-06 relates
to specialized lighting system, category ME-01 relates to the specialized
field heating, ventilation, air conditioning (HVAC) and ME-02 fire
prevention and protection system.
Audit noted that a project “Expansion and renovation of terminal
building and rehabilitation of existing Fokker apron and alpha taxiway at
Faisalabad Airport” was awarded to a contractor on 18
th
December, 2015
at contract cost of Rs 537.716 million. Additional work of Rs 304.429
million was awarded to the contractor through Variation Orders (VO)
No.1&2 and contract cost was enhanced to Rs 842.145 million. The
contractor was paid a sum of Rs 343.014 million upto 14
th
running bill.
Audit observed that as per licence issued by the PEC, the
contractor has not the specialization in the fields Heating, Ventilation, Air
Conditioning (ME-01) and Fire Prevention and Protection System (ME-
02) as per requirement mentioned in the notice for pre-qualification of
contractors but the work was awarded to the contractor by ignoring the
specified bid evaluation criteria. Audit further observed that additional
works of E&M and HVAC of Rs 138.189 million and Rs 166.240 million
were also awarded to the contractor through VO-1 & 2 increasing the cost
of the work to Rs 842.145 million.
Audit was of the view that basic requirement regarding
specialization in the relevant field was not observed which resulted in
irregular award of work to ineligible contractor.
Audit pointed out the irregularity in August 2017. The Authority
replied that as per Clause 4.3 of PEC Engineering bylaws, the constructor
or operator enlisted in a particular field or discipline shall be allowed to
undertake work of other disciplines up to twenty-five per cent of the
126
amount of limit of category in which he is entitled. The reply was not
acceptable because work was awarded to an ineligible contractor who had
not specialization in the fields as per requirement mentioned in the notice
for pre-qualification. Further, the contractor executed more than 50%
Electrical & Mechanical and HVAC work.
Audit maintains that violation of cited rule occurred due to non-
adherence to PEC Bye-Laws and weak internal controls.
The matter was discussed in DAC meeting held in January 2018.
The DAC directed CAA to get the matter regularized from competent
authority within one week.
Compliance to DAC‟s directive was not made till the finalization
of this report.
Audit recommends early regularization from the competent
authority.
(DP. 70)
3.4.3 Irregular acquisition of land for airport without feasibility
study - Rs 450.389 million
As per paras 3.1 and 3.3 of Guidelines for Project Management,
project identification and its formulation is the most important segment of
the project cycle in which the sectoral priorities must be followed. It is
mandatory that projects of infrastructure sector costing Rs 300 million and
above should undertake proper feasibility studies before submission of
PC-I. Based on the data and positive findings of the feasibility studies,
PC-I is prepared and submitted for approval by the forum concerned.
As per Para 72 of Central Public Works Department Code, every
payment including repayment of money previously lodged with
Government for whatever purpose, must be supported by a voucher setting
forth full and clear particulars of the claim and all information necessary
for its proper classification and identification in the accounts.
127
Audit noted that Senior Joint Director Works (North) CAA,
Islamabad made payment of Rs 450.389 million to Deputy Collector,
Mansehra for land acquisition of Mansehra Airport on 1
st
August, 2016.
Audit observed that a period more than one year had elapsed but
the Deputy Collector, Mansehra had neither reported announcement of
Awards / mutation of land in the name of CAA nor had submitted vouched
account for the payment made by CAA. This resulted in unauthentic
expenditure of Rs 450.389 million. The Authority was also asked to
provide the feasibility study report of Mansehra Airport but the same was
not produced.
Audit pointed out the irregularity in September 2017. The
management replied that initial codal formalities as per Land Acquisition
Act 1894 had been completed and the Section 4 of Land Acquisition Act
1894 had been issued in favour of CAA. The amount would be adjusted
after issuance of Acquaintance Roll. The reply was not acceptable.
Mandatory feasibility study was not conducted before acquisition of land.
The Authority could also not obtain mutation of the land in the name of
CAA despite a lapse of one year.
The matter was discussed in DAC meeting held in January 2018
wherein CAA explained that process of acquisition of land for
establishment of Mansehra Airport was started on the instructions of
Federal Government for which funds were provided through PSDP.
Feasibility study of the project is underway. Audit contended that on the
announcement of the establishment of airport at Mansehra by the Prime
Minister, feasibility study of the scheme was required to be conducted
before release of funds and commencement of process of land acquisition.
Further, due process of initiation/appraisal of the project through
feasibility study was not followed by CAA. Audit further contended that
PSDP funds were required to be deposited in CAA account at
headquarters and then transferred to the respective project management.
Instead, the funds were transferred directly to Director, Works (North)
CAA, Islamabad. DAC decided that audit observation may be transferred
128
to Project Management Unit for furnishing detailed reply giving status of
feasibility study and process.
Compliance to DAC‟s directive was not made till the finalization
of this report.
Audit recommends investigation for fixing responsibility of
execution of the project prior to mandatory requirement of feasibility
study
(DP.157)
3.4.4 Irregular award of additional works in violation of
procurement rules - Rs 304.429 million
Rules 20 and 21 of Public Procurement Rules, 2004 provide that
the procuring agencies shall use open competitive bidding as the principal
method of procurement for the procurement of goods, services and works.
Rule 12(2) of ibid rules also provides that all procurement
opportunities over two million rupees should be advertised on the
Authority‟s website as well as in other print media or newspapers having
wide circulation. The advertisement in the newspapers shall principally
appear in at least two national dailies, one in English and other in Urdu.
Rule 42 (c) (iv) of Public Procurement Rules, 2004 provides that a
procuring agency shall only engage in direct contracting if the repeat
orders do not exceed fifteen percent (15%) of the original agreement.
According to Rule 50 of ibid Rules, any violation of these Rules
constitutes mis-procurement.
Audit noted that a project “Expansion and renovation of terminal
building and rehabilitation of existing Fokker apron and alpha taxiway at
Faisalabad Airport” was awarded to a contractor on 18
th
December, 2015
at cost of Rs 537.716 million. Audit further noted that additional work of
Rs 138.189 million and Rs 166.240 million was awarded through VO-I &
II respectively increasing cost of the project to Rs 842.145 million.
129
Audit observed that additional work of HVAC, Lifts & Escalators
of Rs 138.189 million and Rs 166.240 million was awarded to the
contractor through V.O No.1 and 2. Thus, the scope of work was enhanced
by Rs 304.429 million which constituted an excess of 56.61% against the
original scope of work without calling open tenders. This resulted in
irregular award of additional work of Rs 304.429 million.
In the absence of open competition, CAA compromised the
transparency, depriving the entity of the advantage of competitive rates,
and denied a fair opportunity to other prospective bidders of participation
in the bidding process.
Audit was of the view that award of additional work without
tendering was violation of PPRA Rules and weak internal controls
governing contract management.
Audit pointed out the irregularity in August 2017. The
management replied that at the time of initial design, only minor
modification was taken in the scope of work while in revised PC-I, the
terminal building design was changed from single storey to one and half
level concept. It was not possible to segregate work at that belated stage
from already mobilized contractor. The reply was not acceptable because
scope of work was enhanced by Rs 304.429 million i.e. 56.61% due to ill
planning and poor estimation which resulted enhancement / award of
additional work without competition in violation of Public Procurement
Rules, 2004.
The matter was discussed in DAC meeting held in January 2018.
The DAC observed that the scope of work was increased due to ill
planning, poor estimation and change of design at belated stage. The DAC
directed the CAA to probe the matter of increase in scope of work due to
change of design at belated stage and fix responsibility against the persons
at fault.
130
Compliance to DAC‟s directive was not made till the finalization
of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP.61)
3.4.5 Procurement of works through different formations instead of
project management resulting in understatement of project
cost - Rs 237.972 million
According to ECNEC decision dated 24
th
April, 2000, the Project
Director should be delegated full administrative and financial powers and
be made accountable for any lapses. This measure would improve
management and help fix technical and financial responsibility.
During audit of the accounts record of Additional Director,
Logistic (CP&C-APS) CAA (HQ), Karachi and Senior Joint Director
(North), Islamabad, it was noticed that thirty-three (33) agreements were
executed for procurement of various E&M, Civil Equipment, Medical and
IT for New Islamabad International Airport involving Rs 237.972 million
(Rs 196.938+Rs 41.034 million).
Audit observed that a Project Director was appointed for the
project New Islamabad International Airport under the provision of PC-I
who has full administrative and financial powers and be made accountable
for any lapses and to improve management and help fix technical and
financial responsibility. Whereas, the procurements were made under the
approval of Director, Engineering Services, etc. Audit was of the view that
the expenditure should be charged to the Project against PC-I provision
and under approval of the Project Director instead of Annual Development
Programme. This resulted in irregular procurements of Rs 237.972
million.
Audit was of the view that the irregular procurements were made
due to inadequate oversight mechanism in the Authority for ensuring
effective exercise of the PEC guidelines, financial and budgetary controls.
131
Audit pointed out the irregularity in September 2017. The
management replied that the referred equipment could not be planned at
the inception of the project i.e. PC-I stage due to essential design changes
during execution of the project.
The matter was discussed in DAC meeting held in January 2018
wherein Authority explained that procurement was made to cater
operational requirement. Audit contended that the cost was to be charged
to the project. The DAC decided to refer the Para to PAC for deliberation
and decision.
Audit recommends that corrective measure be taken to ensure
correct charge of capital cost of the project.
(DP.81 & 158)
3.4.6 Non-utilization of residential building - Rs 144.633 million
Para D 3.14.2 of Policy and Procedure for grant of business licence
at Civil Aviation Authority‟s Airports states, there are still many open
space/land parcels which are not the part of main area that came under
master planning. It also includes space which are not only out of main
master plan, but also distantly located and do not have the facility of
infrastructure. Such types of space and land parcels are not only under
constant threat of encroachment, but also cause extra maintenance
expenditure. Therefore, such space / land parcels shall be utilized for
viable commercial utilization on CAAs prescribed commercial charges.
Audit noticed that seventeen (17) houses (Category-B 01 house,
Category C- 03 floor apartment, Category D- 04 floor apartment and
Category E-09 flat apartment and flats were constructed in Jameelabad
residential colony at cost of Rs 144.633 million from the amount allocated
for the project “Up-gradation of Multan International Airport, Multan”.
Audit observed that the residential accommodations were lying
vacant since its construction in March 2015. CAA was paying fixed utility
132
charges without their use. The accommodation was meant for allotment to
CAA officers/staff, but they were not availing the facility due to high rates
of House Rent Allowance and prefer to reside in the CAA messes
constructed in airport premises. Audit was of the view that due to non-
availing of the residential facility by the employees of CAA, the
expenditure incurred on construction of these residences was wasteful and
CAA is suffering recurring loss on account of monthly utility charges
being paid without its use.
Audit pointed out the issue in August 2017. The Authority replied
that since the house rent allowance of officers had been revised manifolds
and by occupying the CAA accommodation, the individual did not prefer
to forgo his handsome house rent allowance, the officers, therefore, prefer
to stay outside rather than occupying CAA residences. The reply of
Authority was not tenable because officers residing in mess are paying
nominal charges and on the other hand, drew a huge amount as a house
rent allowance. Rates of mess charges were not increased from the date of
enhancement of house rent.
The matter was discussed in DAC meeting held in January 2018.
CAA explained that a policy to attract officers to reside in already
constructed houses is under process. DAC pended the para till finalization
of policy by CAAHQ.
Compliance to DAC‟s directive was not made till the finalization
of this report.
Audit recommends that house rent allowance and mess charges be
reviewed and rationalized.
(DP.169)
3.4.7 Award of contract on doubtful bidding documents - Rs 17.387
million
Rule 22 (1) and (2) of PPRA Rules, 2004 provides that “the bids
shall be submitted in a sealed package or packages in such manner that the
133
contents are fully enclosed and cannot be known until duly opened. A
procuring agency shall specify the manner and method of submission and
receipt of bids in an unambiguous and clear manner in the bidding
documents.
Rule 23 (1) of PPRA Rules, 2004 regarding bidding documents
also relates that “procuring agencies shall formulate precise and
unambiguous bidding documents that shall be made available to the
bidders immediately after the publication of the invitation to bid”
.
Audit noted that the General Manager Works (North), CAA
BBIAP, Islamabad awarded a contract to M/s Modern Generation at cost
of Rs 17.387 million.
Audit observed that the contract was awarded without fulfilling the
codal formalities as the tender documents were not clear. There was
overwriting and cutting in the tendered rates. Even, frequent overwriting
and cutting was noticed in the rejected tenders. The tender of the
contractor to whom the work was awarded was also ambiguous. Cutting in
rates / discount was made with different ink/pen and with different
handwriting. Moreover, 5% discount was changed to 6%. The figure 7 in
the first line was different than recorded at other line. This resulted in
award of contract based on doubtful bidding documents of Rs 17.387
million.
Audit pointed out the irregularity in November 2016. The
Authority replied that tender proceedings have been made exactly in
compliance to the PPRA rules. However, certain over-writing/addition-
deletions/calculation mistakes were made by contractors. Tender
acceptance was arranged keeping in view the urgency of work.
Furthermore, M/s Modern Refrigeration was the lowest bidder even
without any discount on the quoted rates. No loss occurred to Authority.
The Authority admitted stance of Audit regarding lot of overwriting and
cutting in the bidding documents which made the documents doubtful.
This proves the negligence on the part of the Authority and favourtism to
the contractor.
134
The matter was discussed in the DAC meeting held in February
2017 wherein, after detailed discussion, the DAC directed the CAA to
constitute a fact-finding committee under the Chairmanship of Deputy
Secretary (Admin) to probe in the matter and submit its report to Aviation
Division/Audit within three months.
Compliance to the DAC‟s directive was not made despite lapse of
a period of one year.
Audit recommends early completion of fact finding report
(DP.135/2016-17)
3.4.8 Mis-procurement due to award of work on quotation basis -
Rs 15.198 million
According to Rule 20 of PPRA Rules, 2004 save as otherwise
provided hereinafter, the procuring agencies shall use open competitive
bidding as the principal method of procurement for the procurement of
goods, services and works.
As per PPRA-2004 rule-9, “save as otherwise provided and subject
to the regulation made by the Authority, with the prior approval of the
Federal Government, a procuring agency shall announce in an appropriate
manner, all proposed procurements for each financial year and shall
proceed accordingly without any splitting or regrouping of the
procurements so planned. The annual requirements thus determined would
be advertised in advance on the Authority‟s website as well as on the
website of the procuring agency in case the procuring agency has its own
website”.
During scrutiny of accounts of Principal Civil Aviation Training
Institute Hyderabad, (E/M Section) it was noted that expenditure of
Rs 6.092 million on repair & maintenance of electrical and mechanical
works was incurred through quotations during the financial year 2015-16
and 2016-17. Audit further noted that the Logistic Section incurred
135
expenditure of Rs 9.106 million on printing & stationary, consumable
store, spares, training material, horticulture and repair / maintenance of
building, road, pavements etc.
Audit observed that during the year 2015-16, forty-nine (49) and
during 2016-17, thirty-seven (37) works of repair and maintenance of
electrical and mechanical works were awarded through quotations. It was
further noted that only three (03) bidders i.e. M/s Care Engineer, M/s C.R
Ahmed & Co, and M/s Shafique Electrical Services participated in process
of bidding through quotation. Repetition of same bidders in all bidding
process indicates unfair competition for award of works for Rs 6.092
million. Audit further observed that the procurements made by Logistic
Section were made in piece meal on quotation basis instead of
consolidated annual requirement. Audit was of the view that the method of
procurement was against the PPRA Rules. This resulted in mis-
procurement of Rs 15.198 million.
Audit was of the view that mismanagement and the absence of
effective oversight mechanism deprived the public of the benefit of free
and open competition and compromised on principles of transparency.
Audit pointed out the irregularity in July 2017. The Authority
replied that petty R/M works of E/M section were carried out through laid
down procedure of PPRA for quotation works. The quotations were duly
posted on tender notice board. Due to petty nature of works, the
participation of contractors was very limited. Further, procurement was
made against demands raised by concerned schools and sections on as and
when required basis. The reply was not tenable because PPRA Rule was
not followed and procurements were made through quotations in piece
meal to avoid approval of competent authority and open competition to
achieve most competitive rates.
The matter was discussed in DAC meeting held in January 2018.
The Authority explained that purchases were made to cater day to day
requirement. However, in future rate running contracts will be executed
136
through open tenders. The DAC was not satisfied and decided to refer the
para to PAC.
Audit recommends fixing of responsibility for violation of rules.
(DP. 30)
Performance
3.4.9 Loss of revenue due to non-completion of the project within
stipulated period - Rs 9,675 million
According to the provision of revised PC-I of Islamabad
International Airport Project, approved by the CAA Board in its 148
th
meeting held on 15
th
April, 2014, for Rs 81,171 million, the project was
stipulated to be completed in the year 2015-16. The revenue during the
project life of 20 years (from 2016-17 to 2035-36) was forecasted
Rs 454,205 million including Rs 9,675 million for the year 2016-17.
Audit observed that the Project Management remained unable to
get completed the project within stipulated period. Audit further observed
that grant of extensions of time limit and imposition of liquidated damages
on the contractors was also not forthcoming from the record due to which
responsibility of delay could not be ascertained. Non-completion of the
project timely, deprived the CAA from revenue worth Rs 9,675 million
besides bearing additional burden in shape of consultancy payments and
price escalation.
Audit was of the view that the loss occurred due to non-adherence
to the provision of revised PC-I, interest of the Authority and lack of
administrative, financial and internal controls.
Audit pointed out the loss in August 2017. The management
replied that the project could not be completed due to frequent changes in
design and scope of work, delay in tendering process and lack of PSDP
funds, etc.
137
The matter was discussed in DAC meeting held in January 2018.
The DAC directed the CAA to submit revised reply with justification for
delay in completion of work to Audit for verification. The DAC also
directed the Authority to get the recoveries of Rs 134 million and Rs 3.992
million effected on account of liquidated damages in two cases, verified
from Audit within three days.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 134)
Internal Control Weaknesses
3.4.10 Procurement of imported equipment and materials without
authentication of the authorized manufacturers / from other
than approved manufacturer - Rs 6,508.716 million
3.4.10.1 Minutes of meeting dated 7
th
April, 2011 (part of Contract
Documents) provide a list of country/origin wise names of manufactures
as per Annex-A to contract documents Vol-I. Equipment pertaining to
Heating, ventilation and air-conditioning (HVAC) and electrical and
mechanical system was to be imported from United States/United
Kingdom from the authorized manufacturers.
Audit noted that the work “Construction of Passenger Terminal
Building (Package-3)” including all associated utilities and electro-
mechanical works at Islamabad International Airport (IIAP) was awarded
to M/s CSCECL-FWO (JV) at agreed cost of Rs 20,286.041 million in
April 2011.
Audit observed that the equipment/material valuing Rs 4,449.25
million was not procured from the approved countries/origins/
manufacturers, as its substantiation with reference to Bill of Lading/Bill of
Entry was not forthcoming from the record. Available record showed that
138
Air Handling Unit was procured from Italy instead of USA. Audit further
observed that Granite for flooring valuing Rs 775.451 million was
procured from “M/s Shanghai Kie Yun New Stone Co Ltd.” instead of
authorized dealer/supplier “M/s Fujian Quanzhou Stone/Xiamen Wanli
Stone Co. China”. Thus, authenticity of the procured equipment/material
worth Rs 5,224.70 million could not be ascertained.
Audit was of the view that irregularity occurred due to weak
internal controls.
Audit pointed out the irregularity in August 2017. The
management replied that the minutes of meeting held on 7
th
April, 2011
which referred to a list of manufacturers along-with countries of origin,
was a post-bid document and provides a guideline for sourcing equipment
but does not supersede the specifications to the contract. No deviation
from the specifications had taken place as it was formulated by Design
Consultant.
The matter was also discussed in DAC meeting held in January
2018. The DAC directed CAA to provide item-wise justification in tabular
form to Audit for verification within one week.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends early compliance to DAC‟s directive regarding
item-wise justification.
(DP.132)
3.4.10.2 Clause 3.1 & 3.2 of Instructions to Bidders provides that all
goods and ancillary services to be supplied under this contract shall have
their origin in eligible countries listed in Appendix „A‟ to the Instructions
to Bidders, and all expenditures made under the contract will be limited to
such goods and services. For this Clause “origin” means the place where
the goods are mined, grown or produced or from where the ancillary
services are supplied. Goods are produced when, through manufacturing,
139
processing of substantial and major assembling of components, a
commercially recognized product results that is substantially different in
basic characteristics or in purpose or utility from its components.
According to the Product Data Sheet containing proposed
manufacturers/countries of origin (based on bid documents and material
submittals documents), received along with M/s CPG Airport (Design
Consultant) letter No. CPG airport/D543.23.2/MMP/0563 dated 29
th
January, 2016, the components of Baggage Handling System were to be
imported from Switzerland, New Zealand, France, Italy, Spain,
Netherlands, Germany, USA/UK and USA/Canada.
Audit noted that the work Special System-Baggage Handling for
Passenger Terminal Building (Package-4) of Islamabad International
Airport Project was awarded to M/s Thales-Selex-Guarantee (JV) at
agreed cost of Rs 4,503.957 million. The contractor was paid
Rs 2,929.558 million upto IPC-03 dated June 2017.
Audit observed during scrutiny of the record that all 21
components/materials/equipment of Baggage Handling System except 04
components (CT SCAN from USA and EDS, ODD SIZE , ARRIVAL
SCREENING & ETD from Germany) were imported from Italy due to
which the authenticity/genuineness of the imported material /equipment
valuing Rs 1,284.016 million (work done Rs 1,201.933 million + FC
difference Rs 82.083 million) equivalent to $ 13.102 million could not be
confirmed as per Designer‟s proposal. The contractor provided cheaper
quality material/equipment against the bid rates quoted by him. For
instance, in case of contract No. 8C-1, Air Handling units were imported
from Western Europe countries. Rate of the Air Handling unit
manufactured by Italy (York) was 22,073 Euro per unit and the rate of
AHU manufactured by Holland (Carrier) was $ 32,308 Euro per unit.
There was difference of 10,235 Euro per unit.
Audit was of the view that the irregularity occurred due to non-
adherence to the proposal of the design consultant and ineffective
implementation of technical, financial and internal controls.
140
Audit pointed out the irregularity in August 2017. The Authority
replied that PMC / Consultant was aware that some of the equipment/
materials had not come from the proposed manufacturers / countries of
origin provided in the bid documents and the consultant was already
working towards resolution of same. The contractor would provide
appropriate supporting information to PMC / Consultant for such material
along with request to regularize the change of origin. Further, if the
material / equipment supplied is superior / more expensive than the
specified items, then the BOQ rates would be paid and if the material /
equipment supplied is inferior / less expensive than the specified items,
then a reduced price would be paid. The Authority admitted Audit point of
view.
The matter was discussed in DAC meeting held in January 2018.
The DAC directed CAA to provide item-wise cost difference in tabular
form and effect recovery if it is established.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends early compliance to the DAC‟s directive.
(DP.144)
3.4.11 Non-recovery of outstanding dues on account of licence fee,
rent and electricity charges - Rs 2,159.481 million
As per Para D 15.1 of policy and procedure regarding grant of
business (concession) at Airports (2012) it is personal responsibility of the
Airport Manager concerned to ensure that all the dues are realized from
the licencee as soon as they become due. In any case, when the dues
remain in arrears or commercial space remains unutilized for more than 30
days, a report in prescribed form is to be submitted to General Manager,
Commercial giving full particulars of the licence, the amount due and the
reason for non-realization of the dues or non-utilization of the spaces as
the case may be. According to Director General, Civil Aviation Authority
141
Directives No.2/201 1 dated 17
th
January 2011, in case any dues exceed
the security deposit, Airport Manager/Sectional Head of commercial
section at the airport will be responsible for recovery from them. In
addition to above disciplinary action will also be initiated against the
responsible officers.
Para D3.12.2 states that no licence fee shall be levied for
occupation of space occupied by Government departments where the
space is occupied in connection with embarkation of passengers, clearance
of their baggage and emplaning, deplaning of air cargo, nevertheless
utility charges shall be paid by the Government departments. However,
Governments shall pay licence fee and utility charges both for other
spaces occupied by them.
Audit noticed during audit of the accounts of Airport Managers,
Lahore, Faisalabad, Multan, Islamabad and Peshawar airports that various
licencees were not paying their licence fee, rent, electricity charges, etc.
regularly and huge dues were accumulated during the period from 1
st
July,
2016 to 30
th
June, 2017. This resulted in non-recovery of outstanding dues
of Rs 2,159.481 million.
Audit was of the view that non-recovery of outstanding dues
occurred due to non-adherence to the policy, agreement clauses and weak
financial controls.
Audit pointed out non-recovery in July-September 2017. The
management replied that most of the recoveries related to M/s PIAC and
Government agencies. Efforts were underway to effect recoveries from the
defaulting licencees. The Authority also replied that in accordance with
the instructions of DGCAA, a comprehensive and defined policy in this
regard is being formulated at HQCAA, which shall be implemented as and
when approved. The reply was not accepted because a huge amount was
recoverable due to non-implementation of provision of licence
agreements. Moreover, no survey to assess actual requirement of the
Government Departments in operational and non-operational areas of the
142
airport was conducted to sign agreements and make recovery accordingly.
In absence of the survey, actual recovery cannot be ascertained.
The matter was discussed in DAC meeting held in January 2018
wherein the DAC made following decisions:
i. CAA explained that the licencee termed the decision to
increase rental and security deposit thereof for the extended
licence tenure as unilateral, and had requested for review. The
matter is currently under process at higher level for decision
and further action shall be taken accordingly. DAC pended the
para till final action and recovery after resolution of the dispute
with the licensee (DP.08)
ii. CAA explained that actual outstanding dues for the year 2016-
17 were Rs 90.57 million. A recovery of Rs 43.378 million has
been made leaving a balance of Rs 47.192 million. As a result
of verification of recovery of Rs 43.378 million, DAC reduced
amount of para to Rs 47.192 million and directed CAA to
expedite balance recovery. (DP. 14)
iii. CAA explained that recovery of Rs 3.272 million has been
made. However, dues of Rs 68.794 million against government
offices have been written off in accordance with policy. DAC
pended the para till recovery of remaining dues and verification
of written off amount with justification. (DP. 57)
iv. DAC directed CAA to pursue recovery actively and get the
outcome verified from Audit. (DP. 108, 109, 168)
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit stresses for early recovery of outstanding amount.
(DP. 08, 14, 57, 108, 109, 168)
143
3.4.12 Non-maintenance of Measurement Books - Rs 1,217.443
million
As per Para 208 of Central Public Works Accounts Code, payments
for all work done are made based on measurements recorded in the
Measurement Book (Form 23) in accordance with the rules in Para 209 of
CPWA Code. The Measurement Book (MB) should, therefore, be
considered as very important accounts record. Para 209(b) states that all
measurements should be neatly taken down in MB.
Audit noted that the Civil Aviation Authority awarded the work
“Expansion and Renovation of Quetta International Airport, Quetta” to
M/s M/s Ittefaq Construction Co-United Construction Co (JV) on 25
th
November, 2015 at agreement cost of Rs 1,718.545 million and the work
“Expansion and Renovation of Bacha Khan International Airport
Peshawar was awarded to M/s Qavi Engineers (Pvt) Ltd on 28
th
December, 2015 at an agreement of Rs 1,896.006 million.
During audit, it was found that the Project Directors of Expansion
& Renovation of Quetta International Airport, Quetta and Bacha Khan
International Airport, Peshawar made payments of Rs 449.233 million
and Rs 768.210 million respectively without recording detailed
measurement of each item of work done in MB. Payment made without
recording measurements of work executed in the Measurement Books
resulted in irregular payment of Rs 1,217.443 million.
Audit pointed out the irregularity in July-September 2017. The
management replied that recording of measurements in the MB is not in
vogue in CAA. However, it was agreed that abstract of costs of each and
final Interim Payment Certificate (IPC) would be entered in MB. The
reply was not acceptable because maintenance of MB as per prescribed
format is mandatory.
The matter was discussed in DAC meeting held in January 2018.
The DAC directed CAA to prepare MB as per rules.
144
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends that MB be prepared as per codal requirements.
(DP.164, 178)
3.4.13 Non-recovery from the defaulting contractor - Rs 580.786
million
Clause 63 of the contract agreement provides that in any case, the
contractor fails to complete the work within stipulated period, the
employer may issue notice to measure up the work of contractor and to
take such part thereof as shall be unexecuted out of his hand and to give it
to another contractor to complete in which case any expenses which may
be incurred in excess of the sum which would have been paid to the
original contractor shall be borne and paid by the original contractor.
Clause 63.2 of the contract agreement, valuation at date of
termination provides that, the Engineer shall, as soon as may be
practicable after any such entry and termination by the Employer, fix and
determine ex-parte, or by or after reference to the parties or after such
investigation or enquiries as he may think fit to make or institute, and shall
certify:
a) what amount (if any) had, at the time of such entry and
termination, been reasonably earned by or would reasonably
accrue to the Contractor in respect of work then actually done by
him under the Contract, and
b) the value of any of the said unused or partially used materials, any
Contractor's Equipment and any Temporary Works.
Audit noticed that Planning & Development Directorate, CAA
Karachi awarded the work Construction of Thar Airport Project near
Islamkot / Mithi” to M/s Reliance Consultancy & Engineering Works
(RCEW) for Rs 808.146 million on 15
th
March, 2011. The contract was
terminated due to poor performance. The technical sanction estimate of
145
Rs 769.318 million for balance work was accorded on 8
th
July, 2015. It
was further noticed that as per valuation statement, the Engineer finalized
the Ex-Parte valuation showing recovery of Rs 580.786 million which
includes value of work of Rs 72.805 million which was paid without
actual execution and defective work of Rs 76.810 million.
Audit observed that recovery of Rs 580.786 million was not
effected from the defaulting contractor as per ex-parte valuation. Audit
further observed that defective work valuing Rs 76.810 million was not in
the BOQ of the contract awarded to another contractor. This resulted in
non-recovery of Rs 580.786 million.
Audit was of the view that the non-recovery and non-execution of
defective work occurred due to weak internal controls and inadequate
oversight mechanism for enforcing relevant rules and regulations.
Audit pointed out the non-recovery in July 2017. The Authority
replied that recovery of Rs 37.333 million was effected from the retention
money of the contractor. A suit was filed in the Sindh High Court for
recovery of balance amount of Rs 543.432 million on 8
th
July, 2017.
The matter was discussed in DAC meeting held in January 2018.
The DAC directed the CAA to pursue the court case actively.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends early compliance to the DAC‟s directive.
(DP.18, 23)
3.4.14 Transfer of funds as deposit work instead award of work
through competitive bidding - Rs 260.000 million
Rule 12(2) of PPRA Rules, 2004 provides that all procurement
opportunities over two million rupees should be advertised on the
Authority‟s website as well as in other print media or newspapers having
146
wide circulation. The advertisement in the newspapers shall principally
appear in at least two national dailies, one in English and the other in
Urdu.
Further, Para 53 of CPWD Code provides that there are four main
stages in the project execution namely, (i) Administrative Approval (ii)
Expenditure Sanction (iii) Technical Sanction and (iv) Appropriation / Re-
appropriation of funds.
Audit noted during scrutiny of the accounts record of the General
Manager, Works (North) that in pursuance of Aviation Division letter
No.2696/DS(CAA)/2014 dated 16
th
June, 2014 and CAA Board‟s decision
in its 156
th
meeting dated 27
th
March, 2015 and revised AA No.74 dated
30
th
April, 2015, an amount of Rs 260.000 million was transferred to NLC
for executing the work “Expansion/Renovation of BBIAP, Islamabad” as
deposit work without completing pre-requisite formalities like tendering
process and preparation of PC-I/Detailed Technically Sanctioned Estimate
and Construction Drawings by the competent authority.
Audit observed that the said work should have been awarded
through competitive bidding instead of awarding as deposit work because
M/s NLC was working in the capacity of contractor instead of executing
agency. Furthermore, services of M/s Arshad Shahid Abdullah (Pvt.) Ltd
(consultancy cost to be paid by the contractor) were hired by CAA as per
decision in the 149
th
Board meeting dated 29
th
May, 2014 to undertake the
necessary consultancy services for the project without adopting
competitive bidding process. Thus, payment of Rs 260.000 million, made
in absence of completion of required formalities, was irregular.
Audit was of the view that irregularity occurred due to non-
adherence to the above referred rules, regulations and inadequate
implementation of internal/financial and technical controls.
Audit pointed out the irregularity in December 2015. The
Authority replied on 14
th
March 2017 that work was awarded as deposit
work in compliance with approval of CAA Board. Further, certificate of
147
Principal Accounting Officer regarding completion of work on urgent
basis, as approved by CAA Board was also conveyed.
The reply was not accepted because as per rule 42 (d) of PPRA
describes that procuring agency may engage in tendering within one or
more contractors due to specific/unavoidable circumstances for award of
work, whereas CAA deposited huge amount with NLC termed as “deposit
work” and M/s Arshad Shahid Abdulllah was appointed as consultant
without adopting negotiated tendering procedure.
The matter could not be discussed in DAC meeting despite request
made by Audit.
Audit recommends that responsibility be fixed for violation of
rules.
(DP.180/2015-16)
3.4.15 Loss due to non-encashment of bank guarantees - Rs 171.771
million
The contractor M/s Reliance Consultancy & Engineering Works
(RCEW) provided Bank Guarantee No. CAPG/1097/120005 issued on
28
th
June, 2012 of Rs 50.549 million with expiry date 31
st
December, 2015
and Bank Guarantee No. CPDB/0600/110005 issued on 13
th
November,
2011 for Rs 121.222 million with last expiry date 31
st
December, 2015.
Audit noticed that Planning & Development Directorate, CAA
Karachi awarded the work Construction of Thar Airport Project near
Islamkot / Mithi to M/S Reliance Consultancy & Engineering Works
(RCEW) for Rs 808.146 million on 15
th
March, 2011. The contract was
terminated due to poor performance of the contractor.
Audit observed that the Bank Guarantee No. CAPG/1097/120005
issued on 28
th
June, 2012 for Rs 50.549 million and Bank Guarantee No.
CPDB/0600/110005 issued on 13
th
November, 2011 for Rs 121.222
148
million were not encashed before their expiry dates. This resulted in loss
of Rs 171.771 million.
Audit was of the view that the lapse occurred due to weak internal
controls and inadequate oversight mechanism for enforcing relevant rules
and regulations.
Audit pointed out the loss in July 2017. The Authority replied that
the case had also been filed in Sindh High Court against M/s. Bank
Alfalah Ltd. for encashment of bank guarantees. The reply was not tenable
because matter was not taken up with the bank for encashment within
validity period of the guarantees.
The matter was discussed in DAC meeting held in January 2018.
The Authority informed the DAC that the bank refused to encash the
guarantee as it expired on 31
st
December, 2015. The matter is subjudice.
The DAC directed CAA to provide evidence that claim was lodged with
the bank within the validity period and provide detailed reply with
evidence within one week and pended the para till final action.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit stresses for departmental inquiry for fixation of
responsibility and active pursuance of the court case.
(DP. 19)
3.4.16 Undue financial aid due to allowing inadmissible secured
advance - Rs 85.55 million
Rule-19 (iv) of General Financial Rules (Vol-I) states that no
payments to contractors by way of compensation or otherwise outside the
strict terms of the contract or more than the contract rates may be
authorized without the previous approval of the Ministry of Finance.
Clause 60.1(c) of Particular Conditions of Contract provides payment
149
conditions/stages of imported equipment and materials/components/parts
(to be imported for the permanent woks) for HVAC Works.
Audit noticed that a Project “Expansion and Renovation of
Terminal Building and Rehabilitation of existing Fokker Apron and Alpha
Taxiway at Faisalabad Airport” was awarded to a contractor on 18
th
December, 2015 at cost of Rs 537.716 million. Additional work of
Rs 304.429 million was awarded to the contractor through (VO) No.1&2
and contract cost was enhanced to Rs. 842.145 million. Total payment of
Rs 343.014 million upto 14
th
running bill was made to the contractor.
Audit observed that Project Management made amendment in
Clause 60.1 through Variation Order No.2 Condition 9(iv) as under: -
In clause 60.1(c) after word HVAC, following is added “Conveyor
belts, diesel generator set, FIDS system, Master clock system, Fire alarm
system, electrification works, lifts and escalators.”
Audit was of the view that post-bid amendment in the contract
documents was made without approval of the Ministry of Finance /
competent authority. Audit further observed that advance payment against
bank guarantees in respect of the items pertaining to the lifts & escalators,
conveyor belt, electrification works, etc. amounting to Rs 34.432 million
was allowed to the contractor under the said amended clause. Audit was of
the view that issuance of amendment in contract clause was irregular and
tantamount to undue financial aid to the contractor of Rs 34.432 million.
Audit further observed that project management made payment on
account of secured advance against the material brought at site without
any provision in the contract agreement. Secured advance of Rs 51.118
million was still recoverable from the contractor. By not ensuring the
compliance with contractual terms and conditions, the management
extended undue benefit and favour to the contractor. This also resulted in
undue financial aid to the contractor of Rs 51.118 million.
150
Audit pointed out the inadmissible secured advance/advance
payment in August 2017. The management replied that the original
contract agreement included secured advance/advance payments clause
60.1(c) for HVAC work being major equipment to be imported. At the
time of variation order, lifts and escalators and other items were included
in scope of work. These items are also imported and not available in the
original scope of work thus, same condition was applied on these items
after approval of Director, Finance. Payment was made against bank
guarantee. Further, it was principally agreed that secured advance against
the material brought at site will be paid as per standard clause of PEC. The
reply was not acceptable because undue financial aid by allowing
inadmissible advance payment through post bid amendment in the contract
clause was illegal/irregular. There was also no provision in the contract
agreement for allowing secured advance in addition to Mobilization
Advance.
The matter was discussed in DAC meeting held in January 2018.
The DAC directed CAA to make recovery of profit and overhead on the
amount of advance within one week.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit stresses for early recovery as per directions of the DAC.
(DP. 63 & 66)
3.4.17 Non-recovery of advance income tax - Rs 20.022 million
As per general condition-31 (b) of licence agreement, income tax
will be recovered from successful bidder / licencee under Section 236 A
of the Income Tax Ordinance, 2001 adjustable against the tax liability of
the licencee for that tax year, however no such income tax u/s 236-A will
be recovered from the successful bidder provided, the licencee produces
exemption certificate from the Commissioner, Income Tax where his tax
liability is assessable.
151
Audit noticed that licence for installation, operation and
maintenance of automated car parking system on BOT basis and collection
of car parking fee at Allama Iqbal International Airport, Lahore was
awarded to M/s STHN & Co for the period 22
nd
September, 2015 to 21
st
September, 2020. Similarly, different agreements were executed at Bacha
Khan International Airport, Peshawar and Faisalabad airport.
Audit observed that Civil Aviation Authority did not recover
advance Income Tax from the contractors as required under Income Tax
Ordinance, 2002 and agreed clause of the agreements. This resulted in
non-recovery of advance Income Tax of Rs 20.022 million.
Audit pointed out the non-recovery in July-September, 2017. CAA
replied that applicability of Section 236A of the Income Tax Ordinance
2001 on the business licenses has been a continuous matter between CAA,
the FBR, and various licencee / concessionaries. CAA had issued notices
to the parties for payment of advance tax. However, M/s STHN & Co filed
writ petition No. 28728/2015 before the honourable Lahore High Court.
The matter was disposed of by the court with the direction to
Commissioner, Inland Revenue to decide the issue in writing whether tax
under Section 236A of Income Tax Ordinance, 2001 is payable in case of
M/s. STHN & Co or shall issue exemption Certificate under the law, if so
permissible. CAA is barred from claiming the amount of tax under Section
236A of Income Tax Ordinance, 2001 till that time.
The matter was discussed in DAC meeting held in January 2018.
DAC pended the DP.5, being sub-judice with direction to CAA to pursue
the case actively. DAC linked the other para (DP. 100) with the decision
by tax tribunal on DP 5. CAA explained in case of DP. 49, that a sum of
Rs 3.5 million had been deposited by one concessionaire, whereas the
other concessionaire had provided the tax exemption certificate. DAC
directed CAA to reconcile recovered amount, effect balance recovery and
get the record verified from Audit.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
152
Audit recommends early compliance to the DAC‟s directive.
(DP. 05, 49 &100)
3.4.18 Unjustified expenditure of Rs 32.000 million involving excess
beyond provision in revised PC-I of Rs 19.200 million
As per Rule 12 of GFR (Vol-I), a Controlling officer must see not
only that the total expenditure is kept within the limits of the authorized
appropriation but also that the funds allotted to spending units are
expended in the public interest and upon objects for which the money was
provided. As per Revised PC-I of the New Islamabad International
Airport, there was provision of two water bowsers for future requirements.
Audit noted during scrutiny of record of the Project Director,
NIIAP that five water bowsers costing Rs 32.000 million (@ Rs 6.400
million each) were procured from M/s Al-Haj FAW Motors (Pvt.) Ltd
during 2014-15. Audit observed following irregularities in procurement of
vehicles:
1. There was provision of only two water bowsers for the
project. Thus, purchase of 3 extra vehicles resulted in
expenditure beyond provision of Revised PC-I for
Rs 19.200 million (Rs 6.400 million x 3).
2. As per purchase order, the warranty period of the vehicles
would be 2 years or 60,000 km whichever earlier. The
contractor provided the vehicles on 1
st
December, 2014
through delivery challan and on inspection of the vehicles,
several defects were pointed out on 12
th
May, 2015 i.e.
after lapse of 5 months of delivery. As per agreement, the
defective vehicles were required to be returned to
contractor for replacement with new vehicles. Further,
penalty for defective supply was required to be imposed on
contractor.
153
This resulted in unjustified procurement of vehicles costing
Rs 32.000 million and incurring of expenditure of Rs 19.200 million
beyond provision of PC-I.
Audit pointed out the issue in November 2015. The Authority
replied that:
1. Approval for purchase of 05 water bowsers was accorded
during high level meeting held at IIAP Project on 6
th
May,
2014 under the Chairmanship of Special Assistant to Prime
Minister and attended by Secretary Aviation and Director
General CAA. Five water bowsers were purchased
considering the actual requirement of landscaping (Airside)
Package-8C2 (Phase-1) and left over horticulture work
under Package-8C2 (Phase-II) being carried out
departmentally after termination of contract.
2. As per purchase order, the warranty of the vehicles was two
years or 60,000 Km whichever is earlier. During said
period, no defect was observed in the main vehicle of
FAW. Some problems related to the water supply pumps
and their plumbing works were attended by the contractor
and pumps were replaced under said warranty.
The reply was not tenable because actually the work of horticulture
was required to be executed through contractors and all these
arrangements were required to be made by contractor himself. The
Authority terminated the work without reason and work was being
executed departmentally against the PPRA rules. The special assistant to
Prime Minister is not competent to accord approval except directions.
Thus, approval regarding procurement of bowsers should be obtained from
the competent authority.
The matter could not be discussed in DAC meeting despite best
efforts made by Audit.
Audit stresses for inquiry and action against the persons at fault.
(AIR-31/2015-16)
154
3.4.19 Non-imposition and recovery of liquidated damages for delay
in completion of work - Rs 22.286 million
According to clause 47.1 of the agreement, if the contractor fails to
complete the work within stipulated time, he shall render himself liable to
pay liquidated damages equal to 0.05% of the contract price for each day
of delay in completion of the works subject to maximum of 5% to 10% of
contract price.
Audit noted that CAA awarded six (06) works which were to be
completed in stipulated period of 90 to 175 days starting from January-
February 2015.
Audit observed that these works were not completed in stipulated
time and extension in time limit was also not granted by the Authority.
Thus, the contractors rendered themselves to pay liquidated damages as
per contract provisions. But liquidated damages were not imposed and
recovered. This resulted in non-imposition and recovery of liquidated
damages of Rs 22.286 million, as detailed below:
Package
No.
Name of work/contractor
Agreement
cost (Rs)
Amount of
liquidated
damages (Rs)
11
Construction of boarding bridges, fixed
portion and connection passages at
Multan Airport M/s ATCON
33,898,813
203,338
-
ATC elevator M/s Jeewajee
6,675,000
163,537
4
ATC equipment and allied works M/s
International Aeradio Pak
51,450,000
2,572,500
9
Construction of passenger terminal
building and allied facilities M/s
Imperial Electrical Co
199,808,600
9,990,430
10
Electrical works
M/s Imperial Electrical Co
77,651,796
3,882,585
-
Construction of Barrack
Accommodation for ASF Personnel at
Multan International Airport
54,742,019
5,474,201
Total
22,286,591
155
Audit pointed out non-recovery in September 2016 and August
2017. The Authority replied that imposition and evaluation of liquidated
damages for packages-4, 9 & 10 was under process with “The Engineer”
and recoveries would be effected from the next/final bill of the contractors
on the recommendations of „The Engineer‟ in accordance with the contract
agreement.
The matter was discussed in the DAC meeting held in February
2017 wherein, CAA explained that recovery of Rs 366,875 relating to
Package-11 and ATC had been made and got verified from Audit. DAC
directed the CAA to recover the remaining amount up to August 2017 and
get it verified from Audit.
In DAC meeting held in January 2018, CAA explained with
reference to DP. 38 that appropriate action will be taken as per contract
agreement at the time of final bill. DAC pended the para till final action by
CAA and its verification by Audit.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends early compliance to the DAC‟s directive.
(DP.38/2017-18 & DP.28/2016-17)
3.4.20 Unauthorized up-gradation of staff without authentication of
qualification certificates - Rs 17.655 million
Para 01 of Director General, CAA letter No. HQCAA /1000 /001 /
DGCAA/249 dated 14
th
June, 2012 states that the Chairman, Cabinet Sub-
Committee has been pleased to approve the up-gradation of supporting
staff PG-01 on qualification-wise, in pay groups PG-03,04 & 05 w.e.f. 15
th
May, 2012. According to Para 04, in case, their educational certificates /
degrees are found fake, the above referred letter issued to them shall be
cancelled and necessary disciplinary action will be taken against them
under CAA Service regulations.
156
Audit noticed that Airport Manager, Allama Iqbal International
Airport, Lahore made up-gradation of supporting staff on qualification
basis from PG-01 to PG-03,04 and 05 subject to production/submission of
original educational certificates/degrees. Audit further noticed that in
eighteen (18) cases, the certificates/degrees were found fake/bogus after
verification of certificates from their concerned institutions.
Audit observed that only six (06) employees out of eighteen (18)
were reverted to their initial pay scale i.e. PG-01 and recovery was
started@ Rs 5, 000 per month from their monthly pay. Audit further
observed that in remaining twelve (12) cases, the reversion was not made,
and these were working in upgraded scales. Recovery was also not made
from them. Neither, the reversion was made, nor their pay was fixed in
PG-01. This resulted in overpayment of Rs 17.655 million.
Audit pointed out irregularity in July 2017. The Authority replied
that 06 out of 18 employees were reverted to their initial pay scales and
CAA initiated disciplinary action against those employees but the
employees went to the court. Disciplinary proceedings were stopped. The
reply was not acceptable. Credentials of the employees were required to be
got verified from the concerned institutions before up-gradation to the
higher groups. This was not done before up-gradation which resulted in
litigation and overpayments. Further, no latest status of the court case after
2015 was available on record.
The matter was discussed in DAC meeting held in January 2018.
CAA explained that 04 employees did not fall under the category of up-
gradation. Up-gradation of 06 employees had been cancelled and
departmental action was initiated against remaining 08 employees but they
had obtained stay order from the court. Audit contended that issue of fake
degrees was serious and criminal proceedings should have been initiated
against the employees who submitted fake degrees. DAC directed CAA to
take appropriate action and pursue court case actively.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
157
Audit recommends active pursuance of the court case besides
appropriate action.
(DP. 17)
3.4.21 Overpayment due to inclusion of machinery/equipment
component in the rate analysis beyond technical requirement
of site - Rs 17.435 million
Para 220 of CPWA Code provides that before the bill of contractor
is prepared, the entries in the measurement book relating to the description
and quantities of work should be checked and to see that all the contents of
area are correctly entered and arithmetically checked by the responsible.
Audit noted that the work “NAVAIDS and ATC Equipment
(package-7B)” at Islamabad International Airport Project was awarded to
M/s JGM (JV) at cost of Rs 1,051.249 million. The contractor was paid a
sum of Rs 987.359 million upto 8
th
IPC paid in June 2017.
Audit observed during scrutiny of rate analysis of the item No. 04
in variation order No. 4 that a quantity of 14,016 Cum earth was filled in
location of GP-10 R in the area having dimension of 310 x 50 meters. The
soil was compacted upto 30% as shown in the rate analysis of the item. It
is further added that the filling was about 0.40 meter in depth and on the
compacted surface, plantation of grass was also to be made. Hence, under
this situation, only spreading/ramming of the earth was required.
Moreover, in the light of the provision of rate analysis, 30% compaction
was made but the equipment and machinery were engaged having capacity
to compact upto 95% AASHTO. Thus, engagement of the machinery
beyond the technical requirement of the site for achieving 95%
compaction resulted in overpayment of Rs 17.435 million.
Audit was of the view that the overpayment occurred due to
including cost component of machinery in the rate analysis of earth work
on excessive side and lack of financial and internal controls.
158
Audit pointed out the overpayment in August 2017. The Authority
replied that in compliance with the specification requirements, the fill was
compacted to a density of 95%. Subsequently, the top layer was scarified
3″ for the spreading of sweet soil and grass seeding. The machinery/
equipment was as per requirement to undertake the works and for the
actual durations. The reply was not acceptable. Exit meeting was held on
19
th
September, 2017. During meeting it was decided that the matter
would be justified/got verified from Audit with reference to relevant
record i.e. compaction tests, excavated material unsuitability tests,
construction/As-Built Drawings and rate analysis of non BOQ items etc.
within three days otherwise due recovery would be made.
The matter was discussed in DAC meeting held in January 2018.
The DAC pended the Para for three weeks for detailed response and action
by the management.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 142)
3.4.22 Overpayment due to non-deduction of shrinkage allowance -
Rs 15.596 million
Para 14.6.5 of Pakistan Public Works Department Specifications
for Building and Road Works denotes that, where measurements are taken
from stacks made prior to filling-earth, the stacks 14 inches high will be
measured and paid for 12 inches only. The cost of such stacks is included
in the rates for earth.
Audit noted that the management of New Gwadar International
Airport (NGIA) made payment of Rs 578.233 million to the contractor up
to IPC-14.
159
Audit observed that a quantity of 339,777.644 cubic meter earth
was obtained from borrow at the rate of Rs 306 per cubic meter and
payment of Rs 103.972 million was made. Audit further observed that
shrinkage allowance @ 14% was not deducted from the earth obtained
from approved borrow areas (within project boundary). This resulted in
overpayment of Rs 15.596 million.
Audit was of the view that overpayment was due to weak technical
as well as internal control mechanism and non-adherence to relevant rules.
Audit pointed out the overpayment in August 2015. The Authority
replied that the matter is being referred to consultants to give supervisory
remarks.
The management furnished revised reply on 22
nd
December, 2105
wherein it was explained that measurement of acceptable completed work
of constructed embankment would be made on the basis of actual volume
as per technical specification. The management further explained that Pak
PWD specification refer to measurement taken only from stacks, whereas
in the instant case of New Gwadar International Airport project, the
measurement was made of the compacted earth work.
During verification of record, Audit observed that formation of
embankment was paid equal to the quantity of earth obtained from
excavation without deduction of loose factor @ 14%.
The matter could not be discussed in DAC meeting despite best
efforts made by Audit.
Audit stresses for early recovery.
(DP.48/2015-16)
160
3.4.23 Non-recovery of dues from the ex-licencee -
Rs 12.608 million
Condition No.9 (d) of licence agreement states that
notwithstanding expiry of this agreement, or sooner determination /
cancellation, if the licencee remains in occupation of the premises for any
reason what so ever, the licencee shall be responsible and liable to make
payment of the dues for the period he occupied/possessed the premises.
Audit noticed that the Airport Manager, Bacha Khan International
Airport, CAA, Peshawar (commercial branch), made an agreement for
collection of Car Parking fee with M/s Sanan & Brothers for the period of
5 years from 7
th
October, 2014 to 6
th
October, 2019 at monthly licence fee
of Rs 1.440 million with 10% cumulative increase for each subsequent
year.
Audit observed that the licencee served three months termination
notice w.e.f 25
th
January, 2016 which was expired on 24
th
April, 2016.
Later, the licencee got stay order from the Court. However, on vacation of
stay order, the possession was taken and handed over the concession to
new successful bidder but an amount of Rs 12.608 million was still
outstanding against the previous licencee. This resulted in non-recovery of
outstanding dues of Rs 12.608 million.
Audit pointed out the non-recovery in July 2017. The Authority
replied that due to suspension of night operations and imposition of
restriction on entry of only one meeter and greeter with passenger, M/s
Sanan & Brother requested for revision of parking rates. Since it was not
covered in CAA policy, their request was not acceded to by the competent
authority. Hence, they served a termination notice of three months as per
clause 8 (b) of licence agreement. During the notice period, 1-1/2 bay of
parking area was taken over from the contractor by CAA due to ongoing
expansion of Terminal Building. CAA invited tenders, but nil response
was received. M/s Sanan & Brother was asked to run the concession till
finalization of tenders proceedings as per clause 8(b) of the licence
agreement. After inviting tenders for the second time, concession was to
161
be awarded to M/s Prime Trader (being a single participant) but M/s Sanan
& Brother got a stay order from Civil Judge / Judicial Magistrate,
Peshawar. HQCAA granted compensation of Rs 396,000 per month to M/s
Sanan & Brother. As a result, court case was withdrawn by the
concessionaire. After adjustment of their security amount and
compensation amount granted to them, the total recovery against them was
Rs 3.400 million. Efforts were being made to recover the outstanding dues
at the earliest. The reply was not accepted because the compensation
allowed to the concessionaire was not rational.
The matter was discussed in DAC meeting held in January 2018.
DAC pended the para with direction that detailed reply giving break-up of
disputed amount, amount recovered and balance recovery and justification
along with chronology of events/proceedings and supporting record be
provided to Audit for verification.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends rationalization of compensation and recovery.
(DP. 47)
3.4.24 Award of licence at lesser rate - Rs 12.013 million
According to clause 11 of the agreement, the licensor reserve the
exclusive right during the currency of the licence agreement to revise/
enhance the amount of the licence fee or the charges with prior notice and
the licencee shall be bound to pay the revised licence fee from such date
as may be specified prospectively by the licensor and non-payment of
such revised/enhanced rates shall tantamount to a willful default of the
Civil Aviation Authority dues and may result in action under this
agreement.
According to Civil Aviation Authority HQ letter No.
HQCAA/2850/13/com, dated 16
th
July, 2008, rate of paved space w.e.f 1
st
July, 2016 was Rs 25.06 per sft and rate of covered space outside
162
terminal building (Non-AC) was Rs 68.95 per sft. These rates were
applied while executing agreement with M/s Royal Airport Services for
the period from 13
th
June, 2016 to 30
th
June, 2019.
Audit noticed that licence agreement between Civil Aviation
Authority and M/s Shaheen Airport Services for ground handling services
was executed for five years from 1
st
April, 2012 to 31
st
March, 2017 at
Allama Iqbal International Airport. Audit further noticed that area of
182,988 sft for cargo space and 175,560 sft for Technical Ground
Support (TGS) was charged @ Rs 6.90 per sft from 1
st
July, 2016 to 31
st
March, 2017 whereas, for same area, in case of M/s Royal Airport
Services, was charged @ Rs 25.06 per sft and Rs 68.95 per sft.
Audit observed that application of different rates of same area
against two ground handling agents performing same activities resulted in
loss of Rs 12.013 million to the Authority.
Audit pointed out the loss in July 2017. The management replied
that HQ had accorded revised approval for renewal of licence agreement
of M/s Shaheen Airport Services for spaces measuring 182,988 sq. ft and
175,560 sq. ft, based on current physical specification of respective
spaces on the same pattern as M/s Royal Airport Services. The reply was
not acceptable because in support of reply, the management has not
produced any record showing recovery of licence fee as per rate charged
against M/s Royal Airport Service.
The matter was discussed in DAC meeting held in January 2018.
CAA explained that applicable charges had been revised from 2013 and
due recovery would be made accordingly. DAC directed CAA that due
recovery be made per revised rates and get it verified from Audit.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 02)
163
3.4.25 Overpayment due to difference in rates - Rs 17.299 million
According to Rule 10 (i) of GFR Vol-I, every public officer is
expected to exercise the same vigilance in respect of expenditure incurred
from public money as a person of ordinary prudence would exercise in
respect of expenditure of his own money.
Audit noticed that the work “Expansion and Renovation of Bacha
Khan International Airport” Peshawar was awarded to M/s Qavi Engineers
(Pvt) Ltd on 28
th
December, 2015 at a cost of Rs 1,896.007 million.
Audit observed that contractor quoted the rates for some items of
work pertaining to CCTV system under sub head-terminal building (New
Construction) as Rs 36,529, Rs 34,857 and Rs 5,429 respectively. Audit
further observed that rates of same items under another subhead terminal
Building (Re-Modeling) were quoted higher than the rates already quoted
under Subhead-Terminal Building (New Construction). Payment of same
item under two sub heads at same location with a huge difference was not
justified. This resulted in overpayment of Rs 11.449 million.
Similarly, the contractor quoted rate of distribution switch with
supervisor duly power supply, 24 plot Giga E downlinks to access
switches 2/6 10 Giga E uplinks ports with slot chassis fans and power
sockets as required complete, etc. @ Rs 2.096 million under Sub Head
terminal building (Remodeling) whereas, rate against same item existed in
another subhead terminal Building (New Construction) as Rs 5.021
million, which was 150 % higher than already quoted rate for same item.
Difference in rates for the same item under two sub heads was unjustified
and resulted in overpayment of Rs 5.850 million.
Audit pointed out overpayment in September 2017. The Authority
replied that the PEC guidelines for the evaluation of bid do not allow for
adjustment in bid price other than correction for arithmetic errors and
other as stated in IB-28 of bid document. In the subject case, the bid price
was 7.9 % above the engineer‟s estimate which was within reasonable
164
range. The reply was not accepted because difference of rate for same item
under two sub heads was about 150 % hence, the bid was irrational and
was liable to rejection at the time of technical evaluation. Rate analysis of
the quoted rates were also not obtained from the contractor.
The matter was discussed in DAC meeting held in January 2018.
The DAC observed that back up of rates should have been obtained while
evaluating the single bid as contractor quoted different rates of same items
in two sub-heads. The DAC directed CAA to provide detailed justification
of rates within one week.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends early adjustment of the higher rates.
(DP. 180)
3.4.26 Acceptance of high rates due to bid tempering - Rs 11.328
million
Clause No. 24.2 of Instruction to Bidders provides that if there is a
discrepancy between the unit price and total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail, and the
total price shall be corrected. If, there is discrepancy between the words
and figures, the amount in words shall prevail. If, there is discrepancy
between the total Bid price entered in Form of Bid and the total shown in
Schedule of Price Summary, the amount stated in the Form of Bid will be
corrected by the Employer/Engineer in accordance with the Corrected
Schedule prices. If, the bidder does not accept the corrected amount of
Bid, his Bid will be rejected, and his Bid Security forfeited.
Rule 23 of GFR Vol-I provides that Every Government officer
should realize fully and clearly that he will be held personally responsible
for any loss sustained by Government through fraud or negligence on his
part and that he will also be held personally responsible for any loss
arising from fraud or negligence on the part of any other Government
165
officer to the extent to which it may be shown that he contributed to the
loss by his own action or negligence.
Audit noted that the work “External Electrification & Telecom
Works of Islamabad International Airport (IIAP) Project” was awarded to
M/s Design & Engineering System (Pvt.) Ltd. at agreed cost of
Rs 1,135.343 million on 22
nd
September, 2016.
Audit observed during scrutiny of the accepted bid that rates of
item No. 02-12E (d) at page 02-E5, item No. 02-12E (h) at page 02-E6,
item No. 02-25E at page 02-E10, item No. 02-35E at page 02-E12, written
in words, were overwritten by reducing or enhancing the rates and
resultantly, rates in figures and total amounts of the items were changed.
Audit further observed that pen stroke, ink, hand writing style and
signature/initials of the authorized representative of the contractor (who
signed/stamped the bid) of changed rates did not tally with the original pen
stroke, ink, hand writing style and signature/initials. It meant that the
changes were made after bid opening. Bid Opening Committee overlooked
the change of rates in words and figures and accepted the bid which was
21% (1,135-938/938*100) over and above the Engineer Estimate.
Whereas, keeping in view the contractual provision regarding Instructions
to Bidders, the bid having change in rates at various places in words and in
figures was non-responsive and the Authority must accept the option to go
into re-tendering for achieving the competitive and economical rates. The
Authority sustained a loss of Rs 11.328 million [118 Nos. * Rs 100,000
each (164,000-64,000), less 4% rebate] by accepting higher and changed
rate.
Audit was of the view that the loss was sustained by the Authority
due to non-evaluation of the bid by the Bid Opening Committee as per
instructions of the contract agreement and inadequate over sight
mechanism for implementation of financial and internal controls.
Audit pointed out the loss in August 2017. The Authority replied
that a fact-finding committee has been constituted by the competent
166
authority and proceedings are under process. Final position would be
submitted after receipt of Fact Finding report.
The matter was discussed in DAC meeting in January 2018. The
DAC directed CAA to finalize the inquiry report and submit it to Audit
within one week for verification.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 130)
3.4.27 Overpayment to the contractor due to inadequate tender/bid
evaluation - Rs 9.295 million
As per Appendix B to Bid (Schedule of Technical Services
Required), only semi-skilled persons were required for operation of
following systems on round the clock basis:
Category -1 Aeronautical Ground Lighting System
Advanced Visual Docking System and 400 Hz Aircraft Ground
Power Supply System
Electrical Distribution Network System Airport‟s Terminal
Building, Power Generators
Passenger Boarding Bridges
Heating Ventilation and Air-conditioning System
Elevators, Escalators and Baggage Handling system
Audit noted that the Airport Manager, Multan International
Airport, CAA Multan awarded the work “Operation and Maintenance of
electrical and mechanical system installed at MIAP Multan to M/s
Continental Engineering Services (Pvt.) Ltd. in February 2017 at the rate
of Rs 4,671,029 per month. Audit also noted that the contractor in the
167
work plan (Appendix-D) added 21 skilled persons for Operation jobs at
the rate of Rs 774,858 per month.
Audit observed that as per Appendix B to the bidding documents,
skilled persons for Operation of electrical and mechanical equipment were
not required whereas, the contractor added the cost of skilled labour for
Operation. CAA management accepted the bid including cost of skilled
labour and made payment of Rs. 9.295 million upto 22
nd
June, 2017.
Payment made to the contractor for skilled labour for Operation activity
without requirement resulted in overpayment of Rs 9.295 million (12
months x Rs 77,858).
Audit pointed out the overpayment in August 2017. The Authority
replied that Request for Proposal (RFP) contained both skilled /semi-
skilled workers for Operation and Maintenance of the equipment. The
stance of the Authority was not acceptable. As per Appendix B to the bid,
only semi-skilled staff was required for Operation requirement. Payment
on account of skilled labour for operation over and above the requirement
of the employer resulted in overpayment of Rs 9.295 million.
The matter could not be discussed in the DAC meeting held in
January 2018.
Audit recommends recovery of overpayment.
(DP.183)
3.4.28 Overpayment due to excessive measurement of height of drain
- Rs 4.322 million
Para No. 220 of CPWA Code provides that before the bill of
contractor is prepared, the entries in the measurement book relating to the
description and quantities of work should be checked and to see that all
the contents of area are correctly entered and arithmetically checked by
the responsible.
168
Construction drawing of the work relating to variation order No.
04 provides maximum height of drain as 1.2 meter and minimum 0.70
meter. The average height of drain becomes 0.95 meter. Thus, the height
of the drain was required to be measured with average height of 0.95
meter instead of maximum height of 1.2 meter.
Audit noted that the work regarding NAVAIDS and ATC
Equipment (package-7B) of Islamabad International Airport Project was
awarded to M/s JGM (JV) at agreement cost of Rs 1,051.249 million. The
contractor was paid Rs 987.359 million upto 8
th
IPC paid June 2017.
Audit observed that the drain was measured with uniform height of
1.2 meter instead of taking average height of 0.95 meter (1.2 + 0.70 = 1.90
÷ 2 = 0.95 meter). This resulted in overpayment of Rs 4.322 million.
Audit was of the view that the overpayment occurred due to non-
adherence to the provision of contract drawings/rules and lack of financial
and internal controls.
Audit pointed out the overpayment in August 2017. The Authority
replied that the drainage works were surveyed to reflect the actual
measurements rather than take the quantities from the drawings and found
that average height was 1.1m and 25m longer than originally presented.
The quantities will be recalculated and incorporated in the next Interim
Payment Certificate (IPC). The Authority admitted the Audit contention.
The matter was discussed in DAC meeting held in January 2018.
The DAC pended the Para for three weeks for detailed response and action
by the management.
Recalculation and adjustment of quantities were not reported to
Audit till finalization of this report.
Audit recommends early adjustment of the excessive measurement.
(DP.137)
169
3.4.29 Overpayment due to allowing higher component of labour in
the non-BOQ rate - Rs 3.924 million
Rule 182 of General Financial Rules (Vol-I) provides that to
facilitate the preparation of estimate, as also serve as a guide in setting
rates in connection with the contract agreement, a schedule of rates for
each kind of work should be maintained. The rates entered in estimate
should generally agree with the scheduled rates.
As per Pak PWD Schedule of Rate, 2012 (Code 123 Page 796
Serial No. 40), 01-hour labour of mason was required to dismantle the
brick/concrete flooring for 9 sq. meter (100 cft).
Audit noted that the work “construction of Passenger Terminal
Building including all associated utilities & E/M Works of Islamabad
International Airport (IIAP) (Package-3)” was awarded to M/s CSCECL
FWO (JV) at agreed cost of Rs 20,286.041 million in April 2011.
Audit observed that a non-BOQ item of work “dismantling /
removing existing granite floor” was measured to the extent of 3,035 sq.
meters and paid @ Rs 1,694 per sq. meter. While analyzing the rate of
same item on market, 08 labour hours of skilled mason @ Rs 1,271.25 per
hour were added for removal of 09 sq. meter granite flooring area.
Whereas, in accordance with the provision of Pak PWD SR, 2012 (Code
123 Page 796 Serial No. 40) 01-hour labour of the mason was required for
dismantling of the said area. Due to this higher rate to the extent of
Rs 1,293 per sq. meter was allowed. This resulted in overpayment of
Rs 3.924 million.
Audit was of the view that the overpayment was made due to
allowing higher labour component in the rate analysis of non-BOQ item
and inadequate over sight mechanism for implementation of technical,
financial and internal controls.
170
Audit pointed out the overpayment in August 2017. The Authority
replied that the work is based on FIDIC Conditions of Contract and not
based on CAA tender document or PPWD tender document. It is pertinent
to mention that pursuant to contract clause 52.2, “Engineer shall fix rate or
price as in his opinion, appropriate”. However, recovery proportionate to
rate analysis as desired by Audit would be determined but in such way that
the case will not go to Engineer‟s Decision pursuant to clause 67.1 of
general condition of contract (Settlement of Disputes), Dispute Review
Board and Arbitration.
The matter was discussed in the DAC meeting held in January
2018. The Authority committed that recovery would be made in the next
bill. The DAC directed CAA to make recovery and get it verified from
Audit.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends early compliance to the DAC‟s directive.
(DP.131)
3.4.30 Overpayment due to non-adjustment of prices as a result of de-
escalation - Rs 3.398 million
According to Clause 70.1 of agreement and Appendix-C, the
amounts payable to the Contractor, pursuance to Sub-Clause 60.1 shall be
adjusted in respect of the rise or fall in the cost of specified material by
applying to such amount as prescribed in the adjustment formula.
Audit noticed that the Civil Aviation Authority awarded the work
“Expansion and Renovation of Quetta International Airport, Quetta” to a
Joint Venture of M/s Ittefaq Construction Co and United Construction Co
(JV) on 25
th
November, 2015 at agreement cost of Rs 1,718.545 million.
The work was commenced on 1
st
January, 2016 and was to be completed
upto 1
st
July, 2017. The contractors have been granted extension in
completion time upto 31
st
January, 2018.
171
Audit observed that in the light of provisions of Appendix C to the
agreement, the price of the specified material was required to be adjusted
according to increase / decrease in the price of the specified material.
Audit further observed that rates of the certain specified material were
decreased as noticed from the Statistical Bulletin issued by the Statistical
Division, and HSD as per notification of Oil & Gas Regulatory Authority
(OGRA). The Contractor was paid four IPCs upto June 2017 but no
adjustment because of decrease in the price of the specified material was
made. This resulted in overpayment of Rs 3.398 million.
Audit was of the view that price de-escalation was not made due to
non-adherence to the provisions of agreement, weak internal and financial
controls.
Audit pointed out the overpayment in September 2017. The
management replied that the Engineer had worked out the de-escalation of
Rs 4.939 million upto 6
th
IPC. The escalation amount shall be adjusted in
next IPC in accordance with clause 70.1.
The matter was discussed in DAC meeting held in January 2018.
The DAC directed CAA to effect recovery within one week and get it
verified from Audit.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends early compliance to the DAC‟s directive
regarding recovery.
(DP.161)
3.4.31 Incorrect enhancement in the bid amount by the Evaluation
Committee - Rs 3.117 million
As per clause 3.6.1 (c) of Standard Procedure for Evaluation of
Bids for Procurement of works issued by Pakistan Engineering Council in
172
March 2009, the amount of the proposed award shall be the bid price as
submitted by the bidder and adjusted as described in the ITB for
corrections and any discount (including cross-discounts). Adjustments to
the final price and scope of the contract to correct for acceptable omissions
in the bid may be clarified and finalized with the lowest evaluated bidder.
Audit noticed that a project “Expansion and Renovation of
Terminal Building and Rehabilitation of existing Fokker Apron and Alpha
Taxiway at Faisalabad Airport” was awarded to a contractor at cost of
Rs 537.716 million on 18
th
December, 2015.
Audit observed that an item No. 11 “Providing & Fixing fire beater
with 7 ft Bamboo, fire chief brand of Sub-Head-VIII (Provision of Fire
Hydrant System) Part-B Fire Fighting Equipment under Sub-Head E/M
Works & Electronics” was provided in the T.S Estimate as four
@ Rs 1,121 each i.e. Rs 4,484. Audit further observed that rate of the said
item was quoted by the contractor in the bid in figure as Rs 7,875 each and
in words as “Seventy eight hundred seventy five”. The contractor brought
forward the amount of this item in the summary as Rs 7,875 and in grand
total also. The total bid cost mentioned in figures as well as in the words
was Rs 536,174,342. But after bid evaluation report, the tender was
accepted at the contract cost of Rs 537,716,064. Audit also observed that
rate of the said item was taken in the Bid Evaluation Report as Rs 787,070
instead of Rs 7,875. This shows that evaluation of bid was carried out on
higher side by including Rs 3,148,280 (4 Nos @ Rs 787,070) instead of
Rs 31,500 (04 Nos @ Rs 7,875) as provided in the bid. Further, the
preceding item No 10 of said Sub-Head is almost same with slight
difference against which the contractor quoted same rate of Rs 7,875
against NIT rate of Rs 1,507.
Audit was of the view that how it is possible that against NIT rate
of Rs 1,121, the contractor quoted rate of Rs 787,070. Based on Bid
Evaluation Report, the tenders were accepted at the contract cost of
Rs 537,716,064 and acceptance letter was issued by including
Rs 3,116,780 excessively. This resulted in incorrect enhancement in the
bid amount by the Evaluation Committee of Rs 3.117 million.
173
Audit pointed out the matter in August 2017. The Authority replied
that Clause IB27.1 (a) states where there is a discrepancy between the
amounts in figures and in words, the amount in words will govern. The
Contract Branch of HQCAA, during approval of subject bid, has noticed
such discrepancy against Item No.11 of Sub-Head: VIII (Provision of Fire
Hydrant System) and same were corrected in line with Clause IB27.1 (a).
Accordingly, bid was approved, and letter of acceptance was issued to
contractor. The reply was not convincing because rate of the said item was
taken in the Bid Evaluation report as Rs 787,070 instead of Rs 7,875. The
decision of HQCAA in this regard was awaited.
The matter was discussed in DAC meeting held in January 2018.
The Authority admitted the irregularity and committed that necessary
correction in the bid would be made and recovery would be made if
payment released as per incorrect amount. The DAC directed that
correction in the bid amount be made and got verified from Audit.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends early compliance to the DAC‟s directive.
(DP .68)
3.4.32 Overpayment due to deviation from the contract agreement -
Rs 1.892 million
Item No. 1 of the BOQ installation of tube wells at Islamabad
International Airport Project, Islamabad provides 8" dia bore for tube
well (at average rate of Rs 1,525 per rft), to be converted into 10" (at
average rate of Rs 1,906 per rft) if required water level is obtained.
Audit noted that the work “Installation of Tube Wells at Islamabad
International Airport Islamabad” was awarded to M/s Ch. Mubarak Ali at
agreed cost of Rs 57.891 million. The contractor was paid 5
th
& final bill
for Rs 49.185 million in April 2017.
174
Audit observed that 07 bores were carried out at location No. 14,
15, 16, 17, 19, 20 & 21 with 10” dia and quantity of 4,968 rft was
measured instead of 8” dia which were subsequently, declared failed due
to non-achievement of required water level. Whereas, these trial bores
were required to be carried out initially with 8” dia and were to be
converted in 10” dia in case of successful boring. Due to execution of
excessive dia boring at the beginning stage, beyond the agreement
provisions, the payment of Rs 1.892 million was considered unjustified.
Audit was of the view that the unjustified payment occurred due to
non-adherence to the contractual provision and ineffective over sight
mechanism for implementation of technical and financial controls.
Audit pointed out the unjustified payment in August 2017. The
Authority explained that 10” dia bore instead of 8dia bore was drilled as
per recommendations of the Joint Director Civil (water consultant, hired
specifically for this project) for ease of testing on compressor without
danger of collapsing and subsequent development into slim/micro tube
wells of 6” casing, etc. The reply was not acceptable as bores were
required to be drilled preliminary with 8” dia and were to be converted in
10” dia if found successful.
The matter was discussed in DAC meeting held in January 2018.
The Authority explained that 10” dia bore was executed on the
recommendations of water consultant. Audit was not satisfied as bore was
executed for higher dia against the contract provision. The DAC directed
CAA to submit detailed justification within one week and satisfy Audit,
otherwise recovery be made.
Compliance to the DAC‟s directive was not reported till
finalization of the report.
Audit recommends early compliance to the DAC‟s directive.
(DP.123)
175
CHAPTER 4
NATIONAL HIGHWAY AUTHORITY
(MINISTRY OF COMMUNICATIONS)
4.1 Introduction
National Highway Authority (NHA) was established in 1991,
through an Act of Parliament. The purpose and functions of the Authority
are to plan, promote, organize and implement programmes for
construction, development, operation, repair and maintenance of National
Highways and strategic roads specially entrusted to it by the Federal
Government or by a Provincial Government or any other Authority.
NHA has its Headquarters at Islamabad with Regional Offices at
Peshawar, Abbottabad, Burhan, Gilgit, Kallar Kahar, Lahore, Multan,
Karachi, Sukkur, Quetta and Khuzdar. NHA is currently custodian of 39
national highways/motorways/expressways/strategic routes having a total
length of 12,131 kilometers. It is 4.6% of total national road network of
263,775 kilometers, however, it carries 80% of commercial traffic. The
longest route is N-5 (Karachi-Lahore-Peshawar-Torkham) with a length of
1,819 Km. The second largest route is N-55 (Kotri-Larkana-Dera Ghazi
Khan-Dera Ismail Khan-Peshawar) with a length of 1,264 Km.
4.1.1 Duties and Responsibilities
NHA is entrusted with the following functions and duties:
i. To advise Federal Government on matters relating to
national highways and strategic roads.
ii. To frame scheme(s) for construction, expansion, operation
and development of national highways and strategic roads
and undertake work on such scheme(s).
176
iii. To acquire any land in accordance with legal procedure and
obtain and dispose of moveable and immovable property
and interests therein.
iv. To do research and development in the field of highways.
v. To procure plant, machinery, instruments and materials
required for its use.
vi. To enter into and perform all such contracts as it may
consider necessary.
vii. To levy, collect or cause to be collected tolls on national
highways, strategic roads and such other roads as may be
entrusted to it and bridges thereon.
viii. To extend licence facilities on roads under its control on
such terms as it deems fit.
ix. To maintain legal enforcement in Right of Way.
4.1.2 Organizational Structure
NHA is under the administrative control of Ministry of
Communications and is headed by a Chairman. The affairs of the
Authority are regulated through National Highway Council (NHC) and
National Highway Executive Board (NHEB).
Organizational set up of the Authority comprises five core Wings,
i.e. Planning, Construction, Operations, Finance and Administration. Each
Wing is run by Members of NHEB, namely Member (Planning) Member
(Engr-Coord), Member (PKM-North Zone), Member (Motorways-South),
Member (South Zone), Member (Central Zone), Member (West Zone),
Member (North Zone), Member (Finance) and Member (Admn) with the
assistance of a number of General Managers.
4.1.3 Funding/Income sources and positions
Grants
Federal Government
177
Loans
Cash Development Loan (loans obtained from Federal
Government including foreign loans through PSDP)
Operating Income
Toll collection at toll plazas
Right of Way (ROW) charges of Petrol Pumps, CNG stations,
restaurants, sign boards, bill boards, etc.
Sale of tender, sale proceeds of assets, land and vehicles
Bonds, shares and other means
4.2 Comments on Budget and Accounts (Variance Analysis)
Table below shows the position of budget allocation and actual
expenditure for the financial year 2016-17:
(Rs in million)
Type of
Funds
Original
Budget
Revised/
Final
Budget
Actual
Expen-
diture
Excess/
(Saving)
Excess/
(Saving)
in %
Non-Development
Maintenance
Grant (GoP)
2,374.927
1,755.127
1,747.959
(7.168)
(0.41)
Road
Maintenance
Account
38,559.380
38,559.380
14,212.965
(24,346.415)
(63.14)
Sub-Total
40,934.307
40,314.507
15,960.925
(24,353.582)
(60.41)
Development Funds
PSDP.
(Local)
126,650.000
128,350.000
126,053.943
(2,296.057)
(1.79)
PSDP
(Foreign)
61,350.000
140,611.000
140,611.000
-
-
Sub-Total
188,000.000
268,961.000
266,664.943
(2,296.057)
(0.85)
Grand Total
228,934.307
309,275.507
282,625.868
(26,649.639)
(8.62)
178
Operating income for the year 2016-17 is as under:
(Rs in million)
S.
No.
Description
Estimated
Revenue
Actual
Receipt
realized
Excess/
(Shortfall)
Percentage
Excess/
(Shortfall)
1.
Toll Collection
18,574.865
18,804.000
229.135
1.23
2.
Weigh
Stations
Income
394.791
345.000
(49.791)
(12.61)
3.
Police Fine
2,277.863
3,908.000
1,630.137
71.56
4.
Right of
Way/Rental
Income
991.921
1,225.000
233.079
23.50
5.
Other
Miscellaneous
1,229.226
397.000
(832.226)
(67.70)
Total
23,468.667
24,679.000
1,210.333
5.16
i. Non-production of audited financial statements for the financial year
2016-17
NHA‟s accounting system is based on double entry book keeping.
Financial Manual of NHA prescribes a system to ensure correct
classification of accounts, maintenance of books of accounts,
compilation of trial balances and financial statements. The end
products of the double entry book keeping are the financial
statements. With the help of financial statements, one can assess
the financial position and efficiency of the organization. As per
para 11 (j) of Chapter 11 of NHA Code (Vol-I), 2005, subject to
section 24 of NHA Act, a firm of chartered accountants appointed
as independent auditors by the Executive Board shall audit the road
maintenance account and financial statements annually. As per
para 11 (k), the auditors shall complete the audit within three
months of submission of financial statements to them but not later
than 31
st
December each year.
179
Audited financial statements for the year 2016-17 were not
produced by the Authority till the finalization of this report despite
request made by Audit. Therefore, Audit is unable to comments on
the accounts and financial statements.
ii. Audited financial statements for the previous year i.e. 2015-16
took one year for finalization and approval by the Board. While
discussing DP. 137, DAC in its meeting held in January 2018,
directed NHA to implement the timelines for finalization of
audited financial statements strictly. DAC further directed that a
report giving detailed justification for delay be submitted.
iii. Re-valuation of assets in financial statements for the financial year
2015-16
NHA adopted the revaluation model and changed the historical
cost model for the accounting treatment of its non-current assets
during the financial year 2015-16. By adopting revaluation model
the non-current assets increased from Rs 183.483 billion to
Rs 3,633.067 billion. The increase is around Rs 3,449.584 billion
in non-current assets (property, plant and machinery) from
financial year 2014.15. During the process of revaluation of assets,
NHA revalued the work-in-progress assets without observing codal
provisions and without closing of accounts and drawl of
completion reports of the projects.
The matter was discussed in DAC meeting held in January 2018,
wherein NHA took the stance that international financial reporting
standards were followed whereby assets were recognized when
ready for intended use and economic benefit started. Audit
contended that the accounting policy was inconsistently applied as
the assets were not recognized on the said principle during many
previous years. Further, government regulatory framework could
not be set aside and prerequisites of closing of accounts to assess
actual cost and liabilities were to be followed and in absence of
initial value, revaluation of the asset was questionable. DAC
180
directed that revaluation/capitalization process be got verified.
Further, project-wise detail of completion, expenditure after
substantial completion, status of PC-IV, final account be shared
with Audit. (DP. 146, 147)
iv. However, following issues were found during examination of the
budget, expenditure and revenue statements provided by the
management:
a. Saving of Rs 24,346.415 million i.e. 63.14% of total releases
under Road Maintenance Account was observed which
showed that the maintenance targets set for the year 2016-17
were not achieved by NHA and may result into further
deterioration of roads.
b. Against the estimated receipts of Rs 23,468.667 million, the
Authority actualized net receipt of Rs 24,679.000 million
involving an excess of Rs 1,210.333 million (5.16%).
c. Against the estimated receipt of Police Fine Rs 2,277.863
million, the Authority was able to actualize net receipt of
Rs 3,808.000 involving excess of Rs 1,630.137 million
71.56% of original estimate whereas in previous F.Y 2015-16
actual receipt was Rs 2,274.000 million. This depicts that
either Authority failed to implement traffic rules and
regulation through motorway police or pre-empt increase in
traffic.
4.3 Brief comments on the status of compliance with PAC’s
directives
Compliance position of PAC‟s directives on Audit Reports relating
to NHA is as under:
Year
Total
Paras
Total No.
of Paras
Discussed
Compliance
Made
Compliance
Awaited
Percentage
of
compliance
1987-88
10
10
8
2
80.00
1989-90
3
3
2
1
66.67
1990-91
9
9
8
1
88.89
181
Year
Total
Paras
Total No.
of Paras
Discussed
Compliance
Made
Compliance
Awaited
Percentage
of
compliance
1991-92
31
31
25
6
80.65
1992-93
88
88
83
5
94.32
1993-94
117
117
26
91
22.22
1994-95
38
38
34
4
89.47
1995-96
25
25
23
2
92.00
1996-97
45
45
42
03
93.33
1997-98
468
300
358
110
76.50
1998-99
177
177
154
23
87.01
1999-00
185
185
130
55
70.27
2000-01
244
244
213
31
86.58
2 PAR
2 PAR
-
2 PAR
-
2001-02
70
70
43
27
61.43
2002-03
21
21
10
11
47.62
2003-04
50
50
36
14
72
2004-05
27
27
19
08
70.37
2005-06
30
30
24
06
80.00
2006-07
65
65
49
16
75.38
2007-08
36
36
11
25
30.56
2009-10
AR-71
71
40
31
56.34
2009-10
PAR-20
20
3
17
15.00
2008-09
SAR-
120
4
-
-
-
2010-11
86
86
43
43
50.00
16 PAR
16
1
15
6.25
24 PAR
24
11
13
45.83
36 PAR
36
18
18
50.00
2013-14
45
45
14
31
31.11
2014-15
60
16
7
9
11.67
2015-16
117
10
04
06
40.0
Note: Audit Reports for 2011-12, 2012-13 and 2016-17 have not been discussed
by PAC till the finalization of this Audit Report. Audit Report for 1997-98,
Special Audit Report 2008-09 (FY 2005-08) and Audit Reports for 2014-15 and
2015-16 were partially discussed.
182
4.4 AUDIT PARAS
Irregularity and Non-Compliance
4.4.1 Award of contract on rates 59.95% higher than the approved
PC-I
ECNEC on 3
rd
December, 2014 approved in principle, PC-I of
Thakot-Havelian (120 Km) as Phase-I of Islamabad Raikot-Section with
rationalized cost of Rs 84.860 billion including foreign exchange of
Rs 76.374 billion in view of decision of ECNEC and directions of
Planning Development and Reform Division after third party review.
In the tendering process M/s China Communication Construction
Company Ltd quoted much higher rates and quantities than those provided
in the PC-I. The contractor quoted Rs 192.428 billion which was revised
for Rs 133.980 billion with following major adjustments. The EPC
contract “Construction of Thakot-Havelian (120 Km)” was awarded to
M/s China Communication Construction Company vide acceptance letter
dated 22
nd
December, 2015 for total contract amount of Rs 133.980
billion.
Audit noted that the analysis of cost/rates submitted by the
contractor with the bid included the cost of labour, material and machinery
charges and overheads, as under:-
1. 3.5% for the design services and internal supervisory services.
2. 0.5% for the safety facilities of the contractor.
3. 10% for contractors profit and overheads.
4. 7.5% Other Amortization
Audit observed that the accepted cost was 59.95% higher than the
PC-I cost involving Rs 50,217.38 million.
Audit observed that the excess cost was owing to the following:-
183
1. Quantities as quoted by M/s China Communication
Construction Company Ltd were not supported with detailed
calculations and justifications. Bill No.01 Earthworks was
taken into account for comparison and it was found that due to
extraordinary excessive quantities the contract cost against
earthworks was Rs 18,527.58 million against PC-I cost of
Rs 4,028.80 million. Medium and soft rock material was
included in the original PC-I but the contractor quoted
quantities and rates for hard rock material. The comparison of
PC-I and quoted quantities for three major items indicated an
excess of Rs 11,664.47 million.
2. In addition to contractor‟s profit, overheads and amortization
charges, the contractor included the cost of financial charges
for Rs 3,986.00 million in his bid against performance,
insurance and mobilization guarantees.
3. The contractor also included cost on account of contractor‟s
facilities like contractor‟s camp offices, vehicles, laboratories
for Rs 997.53 million.
Audit pointed out the matter in September 2017. The Authority
replied that since EPC/Turnkey contract was a lump sum contract model
and cost of the project bears all risks associated with the execution of the
project. There were few individual items in BOQ that may be high or low
which was a common practice because the bidder allocates the project risk
to those items. The risk included the contingency fees, escalation of goods,
idling of labor and equipment caused by natural disasters, protest and
strike etc. Moreover, in EPC/Turnkey contracts, the BOQ was taken for
reference only. Therefore, in EPC/Turnkey contract model, provision of
the relative evidence was not required. The item of contractor‟s facilities
was reasonable, necessary during execution of the project and it was also
in accordance with the updated PC-I approved in December 2015. The
cost of items i.e. temporary camp, laboratory, investigation of geological
drilling and site transportation was not related to contractor‟s profit,
overheads and amortization charges. Therefore, in EPC/Turnkey contract
model, provision of the relative evidence was not required.
184
The reply was not accepted because PC-I was based on NHA CSR
2014 and after emerging of CSR 2014 there was price decrease trend in
high speed diesel, bitumen and steel (major input materials). In the years
2015-16 and 2016-17, 30% to 40% rebate on CSR 2014 rates was
witnessed in tenders of different development works but the work was
awarded at 59.95% above the PC-I cost. As per breakup of cost of
different items of work the contractor included profit overheads and
amortization charges in his rates of items of work. In addition, the
contractor included the cost of financial charges on insurances, guarantees,
contractor camps, vehicles, etc. in his bid which was unjustified.
The matter was discussed in the DAC meeting held in December
2017 wherein the DAC directed NHA to get it verified that amortization
charges were not included twice i.e. firstly in item rates quoted by
contractor and secondly in financial charges in analysis of rates and cost
summary.
Compliance to DAC‟s directive was not made till the finalization
of this report.
Audit recommends early compliance to DAC‟s directive besides
recovery of double payment on account of amortization charges.
(DP. 253)
4.4.2 Award of contract without forming of joint venture by Chinese
Companies with Pakistani Firms
As per Article-2 of Framework Agreement on Major Transport
Infrastructure Projects under CPEC, signed at Islamabad in April 2015
between the Government of the People‟s Republic of China and the
Government of the Islamic Republic of Pakistan, the Chinese companies
shall be responsible for engineering design, procurement and construction
(EPC) of the projects. The Chinese side will provide a list of
recommended Chinese companies by relevant associations. The technical
design of each Project shall be as per Chinese standards. The Chinese
185
companies shall take Pakistan requirements in consideration for the design
of each Project. Article-3 further provides that for execution of each
Project, Joint Venture may be formed according to the feasibility and
commitments of two Parties with one or more Pakistani companies
involved of each Project.
Audit noted that Economic and Commercial Counselor, Embassy
of China, Islamabad communicated names of three Chinese Companies for
the construction of project Havelian-Thakot Section. NHA moved a
summary to Economic Coordination Committee (ECC) to invoke Rule-5
of the Public Procurement Rules.
Approval of ECC was solicited for permitting NHA to proceed
with the procurement of the Chinese companies. ECC, in its meeting held
on 12
th
August, 2015 approved to grant EPC contract(s) to the firm(s)
nominated by the Government of China as permissible under PPRA
Regulations.
The Executive Board NHA in its 258
th
meeting dated 21
st
December, 2015 approved award of works for “KKH Phase-II Havelian -
Thakot Section” to the lowest evaluated bidder i.e. M/s China
Communications Construction Company Ltd, at their rationalized EPC bid
price of Rs 133.98 billion including 90% Foreign Currency requirement
with completion period of 42 months.
Audit observed that article 03 of the framework agreement was
ignored while submitting summary to ECC and did not mention the
condition of Joint venture of Chinese Companies with Pakistani firms. The
work was awarded to Chinese Company without forming a Joint Venture
with Pakistani Company in violation of framework agreement. Award of
work deprived Pakistani contractors of the experience of mega project.
Audit further observed that after issuance of tender documents to
three nominated Chinese contractors, pre-bid meeting was held on
30
th
June, 2015 and major conditions of tender documents were amended
through five addendums as under:
186
A. Condition of Joint Venture, a must requirement was deleted.
B. Condition of past work experience from 91 billion to zero.
C. Rate of Mobilization Advance increased from 7.5% to 15%.
Audit was of the view that addendums were issued only to favour
the contractors without any justification.
Audit pointed out the issue in September 2017. The Authority
replied that as per Article Three of the Framework Agreement signed
between Pakistan and China, Joint Venture may be formed according to
the feasibility and commitments of two parties with one or more Pakistani
companies involved of each Project”. It meant that it was optional for the
Chinese firms to form the joint venture with Pakistani firms or otherwise.
The amendments in bidding documents through addenda were
made to harmonize the bidding documents with the Framework
Agreement and the nominations forwarded by Economic and Commercial
counselor, Embassy of China, Islamabad. M/s CCCC is a state owned
company and was declared as rank first among Engineers News Record
(ENR) largest Chinese international contactor for the sixth consecutive
year. 7.5% mobilization advance was insufficient in order to ensure
smooth execution of the project and necessary cash flow for mobilization
at site for the project. Pakistan Engineering Council allows mobilization
advance upto 15%, hence, was considered to be more rational to achieve
the prompt progress of the project.
The reply was not accepted because in Article two of Framework
Agreement, Chinese companies were responsible for engineering design,
procurement and construction (EPC) of the projects and as per article three
there was a commitment of forming of Joint Venture with Pakistani
companies. The purpose was to engage Pakistani contractors in such mega
projects for having experience. The requirement of Joint Venture was also
provided in tender document which was later deleted through addendum.
As such Pakistani contractors were deprived of the experience of
execution of mega project as provided in the Framework Agreement and
187
Planning Commission‟s guidelines. The addendums to tender documents
were issued to favour the limited participant bidders.
The matter was discussed in the DAC meeting held in December
2017 wherein the Committee observed with concern that purpose of
formation of JV was to provide an opportunity to local firms to participate
in unique projects and also a source of technology transfer and capacity
building of local firms, which was not pursued actively by NHA. DAC
directed NHA to pursue it with the contractor, incorporate obligations
under “Corporate Social Responsibility” and must involve local firms in
future.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
alongwith action against the responsible(s) that deprived the local
contractors.
(DP. 254)
4.4.3 Major change in approved scope of work in violation of
approved PC-I
As per para 2 & 2.1 of Project Management Guidelines, policy of
the Government of Pakistan is to efficiently utilize natural and economic
resources of the country for socio-economic welfare of the people. This
objective may be achieved only when development projects are planned
and executed with vigilant management. Objective of development
planning is to have projects implemented for the benefit and social uplift
of the society. For achievement of stipulated targets and tangible returns, it
is imperative to entrust management and supervision of the project during
implementation stage to capable and competent persons of required
qualifications, experience and caliber.
As per para 56 of NHA Code, Technical Sanction is a guarantee
that the proposal is structurally sound and that the estimates are accurately
188
calculated and based on adequate data. It shall be issued on the basis of
detailed estimates for the project as a whole, after administrative approval
is accorded. Technical Sanction which is concerned with actual design and
execution of the work and accounts for all expenditures, ensures that:
i) Design and specifications are in accordance with sound
engineering practices.
ii) The materials for the execution of the work are in
accordance with the plans and specifications.
iii) In assessment of the project cost, utmost economy has been
observed consistent with good workmanship and good
materials.
iv) The estimate represents carefully budgeted cost of
execution of the work including all accessory and
consequential services calculated as accurately as is
possible at the time of its preparation.
Audit noticed that NHA prepared a PC-I for Construction of
Peshawar-Karachi Motorway Section-II (Multan-Sukkur Section - 392
KM). The PC-I was approved by the ECNEC on 3
rd
July, 2014 with the
cost of Rs 259,353.10 million. Bids were invited for the project with
estimated cost of Rs 240,158.390 million. Three Chinese firms
participated and M/s China State Construction Engineering Corporation
Limited submitted lowest bid of Rs 406,332.270 million. As the bid was
on higher side, negotiations were held with the bidder and work
amounting to Rs 294,352.00 million was awarded accordingly. Audit
further noted that the rationalized bid/BOQ of the contractor was put in the
revised PC-I and the ECNEC approved the revised PC-I of the project
accordingly in December 2015.
Audit observed after analytical study of original PC-I, Revised
PC-I and contract agreement that many structural changes in terms of
quantities were made by the Authority. Audit was of the view that as the
revised PC-I of the project was approved by the competent forum keeping
189
in view the rationalized bid submitted by the contractor, hence, any major
change in the components of the project was unauthorized. Further, the
original feasibility and thereafter investigation/survey and detailed design
was also prepared by the same contractor, therefore, such major changes
in structure creates doubt on the authenticity of the investigations/surveys,
design for which the contractor was paid a sum of Rs 7,300.876 million. A
comparison of structural changes is tabulated below:-
(Amount in Rs)
Description
Quantity
as per
Original
PC-I
Quantity
as per
Revised
PC-I
Quantity as
per
Agreement
Cost of
Structure as
per
Agreement
Short Bridges
30
79
112
12,270,435,501
Long Bridges
60
54
23
18,295,524,062
Culverts
800
1148
1215
5,962,399,070
Underpasses
250
112
115
4,987,466,258
Total
41,515,824,891
Audit further observed that quantities of almost 80% items were
deviated (by increasing/decreasing) from the approved revised PC-I in the
manner that the overall cost was the same but in case of enhanced
quantities the unit cost was decreased and in case of reduced quantities,
the unit cost was increased for the components.
Audit is of the view that irregularity occurred due to weak
financial controls.
Audit pointed out the issue during August-September 2017. The
Authority did not reply.
The matter was discussed in the DAC meeting held in December
2017 wherein, the DAC directed NHA to get the changed scope ratified by
Planning Commission. DAC pended the para till ratification of PC-I by
Planning Commission.
190
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends that the matter be investigated for such material
changes/deviations after revised PC-I.
(DP. 189)
4.4.4 Award of work to unqualified firm
Clause 11.1(c)(v) of bidding documents, provides that the bidder
has to submit along with his bid Certified Audit Reports for last three (03)
years to demonstrate the current soundness of the applicant‟s financial
position and its prospective long term profitability to evaluate:
a) Cash Flow
b) Average Annual Construction Turnover
Audit noted that pre-qualification notice was published in the
newspapers as well as on the PPRA‟s website on 18
th
November, 2015 for
pre-qualification of firms for construction of Motorway from Burhan-
Hakla on M-1 to Dera Ismail Khan (Packages-I to V). Fifty-four (54)
national and international firms purchased prequalification documents and
thirty-eight (38) firms submitted prequalification documents. Out of thirty-
eight firms, nineteen (19) firms were pre-qualified for submission of bids.
M/s NLC was not among the pre-qualified firms and was informed
regarding disqualification on 15
th
February, 2016. Later on, by taking
lenient view in violation of PPR-2004, on the request of the firm, pre-
qualification letter was issued on 10
th
March, 2016.
Audit further noted that single stage two envelop procedure was
adopted for tendering of Package-I (Yarik to Rahmani Kheil) and ten (10)
firms including M/s NLC purchased bidding documents. After study of the
bidding documents and participation in pre-bid meeting, four (04) firms
submitted technical and financial bids on 14
th
March, 2016.
191
Audit observed that work awarded to M/s NLC was irregular on
the following grounds:
a. Proof regarding completion of at least one (01) project of
similar size and complexity as a contractor or management
contractor with a value of minimum Rs 13,000 million during
last seven (07) years was not available with bidding
documents.
b. Draft financial statements of last three years were provided
instead of Certified Audit Reports as required under bidding
data clause 11.1(c)(v).
c. In the absence of Certified Audit Reports, one cannot
determine required turnover, cash flow & working capital.
d. Credit limit facility (banks undertaking) Form CL-I was not
provided according to bidding criteria.
Audit pointed out the matter in August 2017. The Authority replied
that M/s NLC fulfilled all the thresholds and qualification criteria. It was
fact that draft audit reports were provided by them instead of certified
audit reports due to some procedural delays in Planning Commission. The
bidder also fulfilled the criterion of similar works experience on the basis
of their experience on Lahore Ring Road Project, as per clarification of the
bidder and certification by Director (Engineering) Lahore Ring Road
Authority.
The reply was not based on fact because without Certified Audit
Report, turnover of cash flow could not be judged. Further, credit limit
facility (banks undertaking) Form CL-I was not provided according to
bidding criteria. During discussion in exit meeting with GM (P&CA) in
the presence of GM (Audit) NHA and other officers on 20
th
September,
2017, GM (P&CA) promised to obtain the Certified Audit Reports from
the contractor for submission to Audit.
The matter was discussed in the DAC meeting held in December
2017 wherein, Audit contended that M/s NLC did not fulfill the laid down
192
evaluation criteria and qualification for award of work. NHA explained
that being a state owned organization, NLC was given lenient view and
declared qualified. The DAC decided to place the issue before PAC for
deliberation and decision.
Audit recommends for investigation and action against the
responsible(s) for award of work in violation of laid down criteria.
(DP. 130)
4.4.5 Mis-procurement of consultancy contract - US$ 3,849,460 and
Rs 1,112.618 million
Rule-4 of PPRA-2004 provides that procuring agencies, while
engaging in procurements, shall ensure that the procurements are
conducted in a fair and transparent manner, the object of procurement
brings value for money to the agency and the procurement process is
efficient and economical.
As per rule-30(3) of PPRA-2004, a bid once opened in accordance
with the prescribed procedure shall be subject to only those rules,
regulations and policies that are in force at the time of issue of notice for
invitation of bids.
According to clause 3.1.2(f) of letter of invitation, current
commitments and past performance are the basic criteria of technical
proposal. Bidders are required to provide the details of present
commitments/ongoing jobs as referred in the form TECH-9 of technical
proposal. Further, the basis for the past performance is the report from
Design Section and Construction Wing NHA.
Audit noted that request for proposals (RFP) for consultancy
services for Assistant to Employer Representative (AER) for Multan-
Sukkur section (392 km) of Karachi-Lahore Motorway (KLM) was invited
through advertisement in daily Dawn on 05
th
August, 2015 with
submission date of 02
nd
September, 2015. Later on, the proposal
submission date was extended up to 16
th
December, 2015 through issuance
193
of five (05) corrigenda. Single stage two envelope procurement method
with quality and cost based selection at 80% technical and 20% financial
weightage was adopted. Ten (10) firms / JV submitted their bids (technical
& financial) on 16
th
December, 2015.
Audit further noted that technical evaluation committee, after
preparation of Summary Evaluation Sheet (SES) and Personnel Evaluation
Sheet declared three (03) consultancy firms technically qualified.
Technical Evaluation Report was submitted to the Member (Engr. Coord.)
for approval in March 2016. The Member returned the report with the
remarks “kindly review as discussed” on 14
th
March, 2016. In compliance
to Member (Engr. Coord) directions, M/s Dohwa Engineer Co. Ltd. JV
was declared disqualified on the basis of letter No.1(1)/NHA/GM(E-
35)/2016/589 dated 21
st
January, 2016 issued by General Manager (E-35)
with the plea that the performance of M/s Dohwa was poor on
construction supervision of Hassanabdal-Havelian Expressway project
(E-35).
M/s Dohwa Engineering Co. Ltd in JV with other consultancy
firms was declared technically qualified by the technical evaluation
committee on the basis of the criteria mentioned in the bidding document
in which clause 3.1.2 (f) of letter of invitation, clearly indicates that past
performance of the prospective bidders to be evaluated whereas, in this
case the technically qualified firm was declared not qualified on the basis
of performance of ongoing project. Further, M/s Dohwa Engineering Co.
Ltd JV was still working as AER consultant on the project construction
supervision of Hassanabdal-Havelian Expressway project (E-35). The firm
had neither been blacklisted nor penalized so far. Further, as per clause
3.1.2(f) of letter of invitation (LOI) past performance report of the
consultant was required by GM(P&CA) from GM (Design) which
remarked as “Design and construction drawings satisfactory”.
Audit observed that during construction of work many such letters
were issued to the consultant firms for improvement of the progress of the
work. In this way, each and every consultant should be disqualified on the
basis of such letters issued to the consultants by Project Directors/General
194
Managers. Furthermore, technical bids were opened on 16
th
December,
2015, whereas, the letter regarding intimation of the poor performance was
issued on 21
st
January, 2016 after bid opening. After exclusion of M/s
Dohwa Engineering Co. Ltd., the financial bids of remaining two (02)
firms were opened and work was awarded to M/s SMEC Ltd. (lead firm)
in JV.
Audit further observed that after negotiation with the consultant
firm, letter of acceptance was issued in violation of PPRA-2004 and set
forth criteria resulted in mis-procurement of consultancy services of
US$ 3,849,460 and Rs 1,112.618 million.
Audit pointed out the matter in August 2017. The Authority replied
that bidding data clause BDS 1.8 (d) stated that “moreover, any adverse
report regarding performance of consultant on NHA projects received
from NHA‟s any relevant quarter may become basis for its disqualification
from the assignment”. Past performance was not shut on any date as per
RFP and the reports were sought until the price proposals were not
opened. So, the Single Stage Two Envelope procedure was preferred over
Single Stage One Envelope Procedure. Mechanism and manner for
blacklisting was under process and approval by the Executive Board
which had now been notified. The case of un-satisfactory performance of
M/s Dohwa on the basis of poor supervisory control as reported by the
GM (E-35) was now being referred to the M&I Section for their necessary
action.
The reply was not acceptable because a bid once opened in
accordance with the prescribed procedure would be subject to only those
rules, regulations and policies that were in force at the time of issue of
notice for invitation of bids.
The matter was discussed in the DAC meeting held in December
2017 wherein, the DAC pended the para.
Audit recommends that matter be investigated and responsibility
be fixed against persons at fault.
(DP. 132)
195
4.4.6 Award of construction of motorways on Build Operate and
Transfer (BOT) basis without adhering Government’s interest
Build-Operate-Transfer (BOT) is defined as a type of arrangement
in which the private sector builds an infrastructure project, operates it and
eventually transfers ownership of the project to the government. In many
instances, the government becomes the firm's only customer and promises
to purchase at least a predetermined amount of the project's output. This
ensures that the firm recoups its initial investment in a reasonable time
span.
As per para 2 & 2.1 of Project Management Guidelines, policy of
the Government of Pakistan is to efficiently utilize natural and economic
resources of the country for socio-economic welfare of the people. This
objective may be achieved only when development projects are planned
and executed with vigilant management. Objective of development
planning is to have projects implemented for the benefit and social uplift
of the society. For achievement of stipulated targets and tangible returns, it
is imperative to entrust management and supervision of the project during
implementation stage to capable and competent persons of required
qualifications, experience and caliber.
4.4.6.1 Audit noted that NHA awarded a contract for construction of
Lahore-Sialkot Motorway on Build Operate and Transfer (BOT) basis to
M/s Lahore-Sialkot Motorway Infrastructure Management (Private)
Limited (the concessionaire) with the estimated project cost of
Rs 43,847.00 million which includes cost of civil work, escalation,
consultancy, insurance, interest etc. The project was awarded to the
concessionaire for twenty five (25) years, wherein, a period of two years
was fixed for construction work whereas, the other 23 years were given
for recoupment of the cost of concessionaire through toll and other
commercial activities. Audit further noted that as per agreement an
amount of Rs 18,000.00 million was fixed to be paid to the concessionaire
as Viable Gap Funding (VGF)/subsidy by NHA. Besides, the amount of
VGF, an amount of Rs 5,000.00 million was to be paid by NHA to the
196
concessionaire as Subordinate Financing/loan which was recoverable in
installments from 12
th
to 25
th
year together with interest.
Audit observed the following irregularities/shortcomings in award
of the project:-
i. The Authority committed to pay an amount of Rs 18,000.00
million as Viability Gap Funding (VGF) to the concessionaire
against the project cost of Rs 43,847.00 million, which comes
to 41% of the project cost in violation of feasibility study
where upto 25% amount of VGF was provided (Rs 10,961.75
million). This resulted in extra financial benefit of Rs 7,038.25
million to the concessionaire. (DP. 21)
ii. The Authority, while executing agreement, ignored the revenue
sharing @ 20% of the income from the concessionaire despite
41% of VGF paid by the Government. On the other hand the
concessionaire had the full liberty on the revenue of the project
against their investment. While award of the project on BOT
basis the interest of the Authority was not kept in view and the
concessionaire‟s interest was favored throughout the award of
contract. This resulted in loss of revenue amounting to
Rs 44,923.55 million. (DP. 19, 22)
iii. As per agreement the concessionaire was responsible to
provide vehicles amounting to Rs 25.302 million, to NHA
management which were not provided. (DP. 24)
iv. The clause regarding construction of office for NHA
management was not included in the agreement whereas, as per
RFP the cost of said facilities amounting to Rs 26.140 million
was included in the project cost. This resulted in post-bid
change and undue favour to the concessionaire. (DP. 25)
v. The concessionaire failed to provide Construction Performance
Bond amounting to Rs 1,783.35 million as per agreement.(DP.
27)
197
vi. The concessionaire failed to provide insurance coverage for the
project as per agreement. (DP. 29)
vii. As per RFP, the concessionaire was required to get trained five
officers of NHA from foreign country in the field of Public
Private Partnership whereas, as per agreement no such clause
was provided in the agreement. (DP. 28)
The matter was discussed in the DAC meeting held in November
2017. Following decisions were made:
i. As regard revenue loss (DP. 19& 22), the Committee decided
that a presentation may be arranged by Infrastructure Project
Development Facility, Ministry of Finance and financial
model will be examined by Audit.
ii. As regard the non-obtaining of performance bond (DP. 27),
NHA explained that as per Section 12.2.1, the concessionaire
was required to provide Construction Performance Bond on
or before the works commencement date (Clause 1.1.252),
which would be equivalent to 5% of the construction cost of
the project in the financial model. Further, the works
commencement date was 30 days after the date on which
Financial Close is achieved. As the Financial Close has not
yet achieved, therefore the Construction Performance Bond
has not been submitted by the Concessionaire. DAC pended
the para till final action as per contract agreement and its
verification by Audit.
iii. As regard the training (DP. 28) NHA took the stance that cost
in respect of NHA‟s officials‟ training abroad was not part of
the concessionaire‟s firmed up bid. This was necessary to
reduce the Government support demanded by the
Concessionaire to make the Project viable and bankable,
otherwise provision of such training would have enhanced
Government Support. DAC was not satisfied and directed
that training plan be implemented as per agreement.
198
iv. As regard insurance coverage (DP. 29), NHA explained that
as per Section 16.1.1, the concessionaire was required to
provide Insurance Coverage on or before the works
commencement date which is 30 days after the date on which
Financial Close is achieved. As the Financial Close has not
yet achieved, therefore the Insurance Coverage has not been
submitted by the Concessionaire. DAC pended the para till
final action as per contract agreement and its verification by
Audit.
A presentation was arranged by IPDF on 23
rd
November, 2017.
Audit observed that traffic count and accumulated profit for the
concession period given by the independent evaluator was set aside and
financial model given by the bidder was accepted. The evaluator
determined accumulated profit of 223,278.18 million at the end of
concession period of 25 years, whereas the bidder indicated an
accumulated profit of Rs 56,396.0 million. There was huge difference,
which was not evaluated with reference to integrity of traffic count and
toll rates. This resulted in extra funding by government and undue benefit
to the concessionaire. Non-inclusion of clause regarding toll revenue-
sharing was also an undue benefit to the concessionaire against the normal
practice. Audit, therefore, recommends that matter be investigated and
action be taken.
Audit further recommends that final action be taken as per DAC‟s
directive in other cases.
(DP. 19,21,22,24,25,27,28,29)
4.4.6.2 Audit noted that NHA executed concession agreement on 10
th
March, 2015 with M/s Superhighway Construction Operation and
Rehabilitation Engineering (Pvt) Ltd for construction of Karachi-
Hyderabad Motorway (M-9) on Build, Operate and Transfer (BOT) basis
costing Rs 44,251.00 million.
199
Audit observed the following irregularities/shortcomings in award
of the project:-
i. The concessionaire failed to provide Construction
Performance Bond amounting to Rs 2,212.55 million as per
agreement. (DP. 66)
ii. The Authority drafted the concession agreement without
provision of penalty clause, whereas, the achieved progress
of the work was very slow and defects such as rutting in road
was observed which was due to below specified Job Mix
Formula, provision of improper machinery and inadequate
monitoring and workmanship. (DP. 69)
iii. The concessionaire failed to get trained five NHA officers
from abroad in violation of agreement. (DP. 70)
iv. As per agreement/ToRs the Joint Auditor were required to
carry out audit of the project accounts biannually or as such
other intervals as reasonably requested by NHA but despite
the lapse more than two years since the date of agreement the
Joint Auditor could not submit biannual audit reports of the
project accounts. (DP. 71)
Audit is of the view that while award of work on Build Operate
and Transfer basis the interest of the Government/NHA was not kept in
view and undue favour was extended to the concessionaire.
The matter was discussed in the DAC meeting held in December
2017. The DAC made following decisions:
i. As regards the construction performance bond (DP. 66), NHA
explained that as per clause 12.2 of the concession agreement
of M-9 project, M/s SCORE, was required to provide the
construction performance bond equivalent to 5% of the
construction cost projected in Financial Model. The
concessionaire was requested from time to time to submit the
construction performance bond. M/s SCORE in response took
200
the stance that they had awarded construction work to Frontier
Works Organization (FWO) which is exempted from the
condition of providing performance bonds for the awarded
projects. DAC decided to place the matter before PAC for
deliberation and decision.
ii. As regards DP. 69, NHA explained that concession agreement
of M-9 contains penalty clause under section No.12.15.
Further, as per concession agreement, the Construction Period
is thirty (30) months from achievement of Financial Close.
Accordingly, the Concessionaire is progressing ahead to the
required overall progress under the provisions of Concession
Agreement. DAC directed NHA to get the facts verified from
Audit.
iii. As regards DP. 70, NHA explained that training programme
was under process of finalization. The concessionaire was in
consultation with some well-known institutes of USA to
schedule the training programme for NHA officials. DAC
pended the para till fulfillment of contractual obligation
regarding training.
iv. As regards DP. 71, NHA explained that in pursuance of clause
5.6 of concession agreement, NHA and the concessionaire
jointly appointed M/s Ernst & Young Ford Rhodes Sidat Hyder
Chartered (EY), as joint auditor for M-9 project. The firm was
ranked among the top 5 audit firms. Up till now JA had
submitted 2 biannual audit reports and two such reports were
under process. DAC directed NHA to provide reports of the JA
to Audit for verification.
Audit recommends early compliance to DAC‟s directives besides
action against the responsible(s).
201
4.4.7 Award of work to technically unqualified contractor -
Rs 7,410.794 million
Clause 3b (ii) bidding data of bidding documents provides that an
individual bidder or JV will be qualified if it meets the criteria that he has
started and completed at least one (01) contract (limit is not more than one
contract summed up for their values in this regard) of similar size and
complexity as a contractor or management contractor (but not as Sub
Contractor) with a value of minimum Rs 6.00 billion during last ten (10)
years. If one of the partners in a JV alone fulfills this criterion, others need
not be assessed to fulfill it otherwise each partner shall be assessed to
fulfill as per its share in the JV.
Audit noted that tender for the work “Construction of Lahore
Eastern Bypass Package-1 from Lahore Ring Road to Kala Khatai Road
including Bridge over River Ravi and Lukhudher interchange” was invited
on 24
th
September, 2016. Twenty-one (21) firms purchased tender
documents out of which seven firms participated in tender process.
Technical Bid Evaluation Committee evaluated the technical bids and four
firms were declared responsive and three (03) firms were announced
technically qualified. Financial bids of technically qualified firms were
opened on 9
th
December, 2016. M/s ZKB-Reliable JV was announced
lowest bidders with evaluated bid price of Rs 7,410.794 million which was
14.82% below the engineer‟s estimates based on CSR 2014.
Audit observed that project length was 11.13 KM with six lane
carriageway of width 2 x 10.95 meter. Major cost of that package
pertained to bridge over river and flood protection works whereas, M/s
ZKB-Reliable JV did not fulfill the eligibility criteria because the detail of
similar work provided by the firm neither fulfilled the condition of same
size nor complexity because the works were below the worth of Rs 6.00
billion as well as different in nature. This resulted in irregular award of
work to technically unqualified contractor of Rs 7,410.794 million.
Audit pointed out the matter in September 2017. The Authority
replied that evaluation was carried out by the Technical Evaluation and
202
Opening Committee as per issued bidding document. As ZKB individually
did not meet eligibility criteria; therefore, eligibility criteria of Reliable
Engineering Services was assessed.
During discussion in exit meeting with GM (P&CA) in the
presence of GM (Audit) NHA and other officers on 20
th
September 2017,
Audit clarified that JV share was not objected by Audit. The point was that
the works selected for share did not meet with the condition of same size
i.e. six billion from which the share was calculated. Further, the objection
regarding complexity was not responded by the Authority.
The matter was discussed in the DAC meeting held in December
2017, wherein, NHA explained that evaluation had been done as per
evaluation criteria mentioned in the bidding documents. Audit contended
that clarification was required for interpretation of clause 3b(ii). DAC
decided that clarification in this regard be obtained from Pakistan
Engineering Council.
Compliance to the DAC‟s directive was not made till finalization
of the Report.
Audit recommends that clarification be obtained to the exact
interpretation of the relevant clause by PEC.
(DP. 136)
4.4.8 Mis-procurement of consultancy services as Assistant to
Employer’s Representative - US$ 3.552 million and
Rs 460.724 million
As per rule-29 of PPR-2004, procuring agencies shall formulate an
appropriate evaluation criterion listing all the relevant information against
which a bid is to be evaluated. Such evaluation criteria shall form an
integral part of the bidding documents. Failure to provide for an
unambiguous evaluation criteria in the bidding documents shall amount to
mis-procurement.
203
As per rule 30(1) of PPRA-2004, all bids shall be evaluated in
accordance with the evaluation criteria and other terms and conditions set
forth in the prescribed bidding documents. Save as provided for in sub-
clause (iv) of clause (c) of rule 36 no evaluation criteria shall be used for
evaluation of bids that had not been specified in the bidding documents.
As per rule 13(1) of PPRA-2004, the procuring agency may decide
the response time for receipt of bids or proposals (including proposals for
pre-qualification) from the date of publication of an advertisement or
notice, keeping in view the individual procurement‟s complexity,
availability and urgency. However, under no circumstances the response
time shall be less than fifteen days for national competitive bidding and
thirty days for international competitive bidding from the date of
publication of advertisement or notice. All advertisements or notices shall
expressly mention the response time allowed for that particular
procurement along with the information for collection of bid documents
which shall be issued till a given date, allowing sufficient time to complete
and submit the bid by the closing date.
Audit noted that RFP notice was published in newspapers for
consultancy as Assistant to Employer‟s Representative (AER) on 4
th
August, 2015 with bid submission date 31
st
August, 2015 which was
extended up to 05
th
January, 2016 through issuance of six (06) corrigenda.
Eight (08) reputed firms in JV submitted technical and financial bids.
Technical Evaluation Committee evaluated the technical bids. Four out of
eight firms were declared responsive and after evaluation three (03) JV
firms obtained minimum passing score of 70%. Financial proposal of
technically qualified JV firms were opened on 23
rd
May, 2016. M/s Finite
Engineer (Pvt) Ltd. was the first ranked firm with evaluated consultancy
cost US$ 3,475,241 and Rs 601.249 million. However, recommendations
of evaluation committee on selection of the highest ranked consultant were
not agreed to. After lapse of one year all the tendering process was
annulled. The grounds for rejection / annulment of tender procedure was
not mentioned anywhere in the record. Re-invitation of the RFP was
published in newspapers on 23
rd
July, 2016 without considering response
time as prescribed in PPRA-2004.
204
Audit further noted that in next bidding, only five JV firms
submitted technical and financial proposals whereas, in the first trial eight
(08) JV firms participated. Same evaluation committee evaluated the
technical proposals and reported to the high ups that the uncalled for
(strict) criteria for evaluation of specific experience would result into
either non-responsiveness or disqualification of all the five participating
firms whereas, there was urgency of selection and appointment of an
Assistant to Employer‟s Representative because the contract (under EPC)
had been awarded on 22
nd
December, 2015.
Audit observed that a meeting was arranged in the Chairman NHA
office for resolving the issue and it was decided that one time waiver may
be accorded by relaxing the set criteria and conditions. In violation of
rules, the evaluation was done on the sub-criteria and supplementary
evaluation sheet which had not been specified in the bidding document /
RFP. Taking lenient view as per para 7.3.4.8 of evaluation report, three
(03) firms were declared technically qualified with minimum passing
mark 700 i.e. 70% of total marks. Financial proposal of three (03)
technically qualified JV firms were opened on 20
th
September, 2016. After
combined evaluation M/s DOLSAR Engineering Inc. Co. (Turkey) in JV
was declared the 1
st
ranked firm with consultancy cost of US$ 3.552
million and Rs 460.724 million.
Audit was of the view that due to inappropriate criteria the
Authority took more than one year period and resources for procuring
consultancy services as AER whereas contract under EPC had since long
been awarded. This resulted in mis-procurement of consultancy services as
AER of US$ 3.552 million and Rs 460.724 million.
Audit pointed out the matter in September 2017. The Authority
replied that public procurement rules, devised as framework in 2004 to
begin with, are under revision based on feedback from procuring agencies
(refer PPRA‟s website having a matrix of proposed changes). The rules
were found (and are still) deficient in many ways.
205
The reply was not acceptable because reasons for
rejection/annulment of first attempt were not mentioned in the reply.
Further public procurement rules were challenged by the Authority in the
reply.
The matter was discussed in the DAC meeting held in December
2017 wherein, DAC directed NHA to satisfy Audit whether revised
criteria given in request for proposal was followed in evaluation process.
Compliance to DAC‟s directive was not made till the finalization
of this report.
Audit recommends early compliance to DAC‟s directive besides
action against the responsible(s) for violating the rules.
(DP. 134)
4.4.9 Undue amendment in the contract resulting into financial aid
to the contractor - Rs 8,770.800 million
As per contract agreement a Schedule of Payment was framed in
which milestone payments were agreed by both parties. The construction
period for the project was 1,095 calendar days including detailed design.
As per loan agreement clause 6.2.1(a) & 6.3, “the first Interest
Period in relation to the first Disbursement shall commence on the date on
which the respective Disbursement is made (inclusive) and end on the first
Interest Payment Date (exclusive). The rate of interest applicable to the
loan or the relevant part thereof for each Interest Period shall be the fixed
rate, which shall be five point two percent (5.2% per annum)”.
Audit noted that NHA awarded the work construction of KKH
Phase-II (Havelian-Thakot 118 Km) to M/s China Communication
Construction Company Ltd at an agreed cost of Rs 133.980 billion with
time for completion as 1,095 days for construction and 183 days for allied
works (1,278 days). The commencement orders were issued on 1
st
September, 2016.
206
Audit observed that an amendment to the contract was made and
signed on 4
th
April, 2017 and a new schedule of payment was agreed with
the contractor resulting in prompt cash flow to the contractor. Through this
amendment NHA agreed to pay on percentage completion of overall work
cost. Through this amendment monthly payments were made for a gross
total of Rs 15,827.008 million upto June 2017 whereas as per agreement
payment due was Rs 7,056.208 million. This resulted in undue amendment
in the contract resulting into financial aid to the contractor for
Rs 8,770.800 million.
Audit is of the view that amendment in payment schedule and
extension in construction period from 1095 to 1278 was undue favour to
the contractor and totally one sided amendment because no cost reduction
from the agreed cost (benefitted by the contractor due to early payments
and extension in construction period) was made/got agreed by the
contractor.
Audit pointed out the issue in September 2017. The Authority
replied that no overpayment had been made as the progress was 22.83%
but the payments claimed were 17.5%. As pointed out by the auditors that
if payments were made to the contractor on original payment schedule than
the payments would have been Rs 7,056 million which meant that the
progress would have been less but with revised payment schedule, the
contractor had achieved double progress. Therefore, revision of the
payment schedule was more beneficial for the project as maximum
progress had been achieved.
The reply was not accepted because as per original schedule of
payments with up-to-date progress of work. Through this amendment
monthly payments were made for a gross total of Rs 15,827.008 million
upto June 2017 whereas as per agreement payment due was Rs 7,056.208
million. Time for completion was 1,278 days (1,095 days for construction
and 183 days for allied works). Through this amendment construction
period has been extended from 1095 days to 1278. The amendment is one
207
sided in favour of the contractor and no rebate has been obtained for
change in schedule of payment and increase in construction period.
The matter was discussed in the DAC meeting held in December
2017 wherein, DAC directed NHA to provide ECNEC approval for such
post-bid changes.
Compliance to DAC‟s directive was not made till the finalization
of this report.
Audit recommends early compliance to DAC‟s directive besides
action against the responsible(s) for providing undue financial benefit to
the contractor.
(DP. 264)
4.4.10 Award of toll operation contracts to the defaulters -
Rs 6,542.899 million
Clause 14.3 of instructions to the bidders provides that all the
operators who are not depositing their due installment regularly to NHA
shall not be allowed to participate in bidding process.
Audit noted that as par standard procedure applications were
invited from the intended bidders for pre-qualification for operation,
management and maintenance of toll plaza on National Highway network.
Subsequently, bids were invited from the pre-qualified bidders and
contracts were awarded to the highest evaluated bidder. Audit further
noted that as per pre-bid meeting held on 26
th
June, 2015 with qualified
bidders it was decided at agenda item No. 13 that bids of OMC/Bidders
with shortfall and/or under default will not be accepted.
Audit observed that Deputy Director (Toll Plazas) requested on
22
nd
June, 2015 for default status (if any) of 38 companies which were
pre-qualified. In response, Deputy Director (Revenue) informed that 17
contractors were defaulters and shortfall in installments of Rs 765.209
million was involved. Audit further observed that despite of this fact these
208
contractors participated in bidding process and toll plazas were awarded to
them in violation of rules. This resulted in irregular award of toll operation
contracts for Rs 6,542.899 million to the defaulters, as detailed below:
(Rs. in million)
S.
No
Name of Contractors
No. of Toll
plazas
awarded
Net guaranteed
value per annum of
all toll plazas
1
M/s Ahmed Khel
Construction
01
2.222
2
M/s NLC
14
4,886.232
3
M/s Three Star Comp &
Malik Mazhar & Co (JV)
02
91.893
4
M/s Abdul Qayoom Mazari
03
927.519
5
M/s Haji M. Abbas Khan
01
86.667
6
M/s Afridi Operators
01
105.033
7
M/s Bara Brothers
02
373.334
8
M/s Ijaz & Company
03
69.999
Total
6,542.899
Audit is of the view that award of contracts to defaulter bidders
was due to weak internal controls.
Audit pointed out the irregularity in April 2017. The Authority did
not reply.
The matter was discussed in the DAC meeting held in December
2017 wherein, NHA explained that outstanding / shortfall reported by
Revenue Section against some contractors of toll plazas pertained to last
month‟s toll revenue installment against which securities had already held
with NHA. In some cases on the requests of OMCs their default was
adjusted against toll revenue securities already held with NHA and letter
of commencement issued only after clearance report received from NHA
Revenue (Receipt) section. Mostly, receipts were deposited by the
contractors in time. However, some installments on certain toll plazas
were delayed which were deposited later on and the contractors were not
209
declared as defaulters. DAC directed NHA to get the record verified with
reference to tender condition.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
besides action against the responsible(s) for award of works to defaulters.
(DP. 116)
4.4.11 Award of Routine Maintenance works relating to AMP 2016-
17 without detailed quantities in BOQ - Rs 4,730.38 million
PPRA Rule-4 provides that procuring agencies while engaging in
procurement, shall ensure that the procurements are conducted in fair and
transparent manner, the object of procurement brings value for money to
the agency and the procurement process is efficient and economical.
Further Rule 23(g) provides that bidding document shall be precise and
shall include the list of goods or bill of quantities (where applicable).
As per Para-56 of NHA Code, Technical Sanction is a guarantee
that the proposal is structurally sound and that the estimates are accurately
calculated and based on adequate data. It shall be issued on the basis of
detailed estimates for the project as a whole, after administrative approval
is accorded. Technical Sanction which is concerned with actual design and
execution of the work and accounts for all expenditures, ensures that:
i) Design and specifications are in accordance with sound
engineering/practices.
ii) The materials for the execution of the work are in strict
accordance with the plans and specifications.
iii) In assessment of the project cost, utmost economy has been
observed consistent with good workmanship and good
materials.
210
iv) The estimate represents carefully budgeted cost of execution of
the work including all accessory and consequential services
calculated as accurately as is possible at the time of its
preparation.
Audit noted that NHA awarded approved Annual Maintenance
Plan of Routine Maintenance works for the financial year 2016-17 with an
amount of Rs 4,730.38 million against which the regions submitted 620
estimates.
Audit observed that the BOQs of all the works (620 estimates)
were silent regarding the quantities of items to be executed, only the items
were provided in the BOQs without the quantity. Open option was given
to the contractors to do the work as per site requirement which is
unjustified. Audit was of the view that the action of the management was
against the engineering practices because estimation of the works/
provision of quantities was the basic need of every maintenance/
development work. Hence, due to non-provision of quantities in the BOQ
the Authority gave free hand to the contractor to do the work at his own
sweet will. This resulted in an irregular award of Routine Maintenance
works amounting to Rs 4,730.38 million, of Annual Maintenance Plan
2016-17 without giving detailed quantities in BOQ.
Audit was of the view that irregular award was due to weak
internal controls.
Audit pointed out the irregularity in July 2017. The Authority
replied that the bidders had offered their bids by quoting a percentage
below/above of estimated cost for routine maintenance works and the
contracts had been awarded to the lowest evaluated bidders. The
concerned Maintenance Unit would monitor the condition of roads within
their jurisdiction and will execute the routine maintenance work on need
basis as per site requirement by issuing a work order to the contractor with
the approval of GM (Regional) as per NHA Standard Operating Procedure
along with pre measurement sheets and photographs. The payment to the
contractor would be made after verification of actual executed work on
211
site. This process of procurement and execution of routine maintenance
work on site is as per requirement to avoid re-appropriation and variation.
The reply was not tenable because the estimation of any work is a basic
engineering practice, whereas, in this case the Authority gave open option
to the contractors to execute works at their own sweet will.
The matter was discussed in the DAC meeting held in November
2017 wherein, NHA explained that exact scope of work cannot be
determined for routine maintenance. Estimates prepared by Regional
Offices were approved in Annual Maintenance Plan. Audit contended that
items of work in question did not correspond to routine maintenance
requirements. DAC pended the para with direction to explain/justify the
process to Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
besides action against the responsible(s) for deviation from the best
engineering practices of estimation/PPRA rules.
(DP. 10)
4.4.12 Appointment of Design Review Consultant by the contractor in
violation of contract agreement involving Rs 2,085.986 million
As per condition 3.2.13 (a to c) of employer‟s requirements
contained in the bidding documents, within fifteen (15) days of the signing
of contract agreement, the contractor shall appoint a Design Vetting
Consultant after proposing to the Employer a panel of three names of
qualified and experienced firms from whom the Employer may choose one
to be the Design Vetting Consultant. The contractor shall prepare and
submit with reasonable promptness and in such sequence as is consistent
with project completion schedule, three copies each of the Design and
Drawings duly certified by the Design Vetting Consultant to the
Employer‟s representative for review.
212
Addendum-2 of pre-bid meeting dated 25
th
and 26
th
June, 2015
further provides that the Design Vetting Consultant shall be local
(Pakistani).
Audit noted that NHA awarded a contract for construction of
Peshawar Karachi Motorway Section-II Multan-Sukkur Section (392 KM)
CPEC to M/s China State Construction Engineering Corporation Limited
on Engineering Procurement Construction (EPC)/Turnkey basis for an
agreement cost of Rs 294,352.00 million with the above noted condition
of Design Vetting Consultant. Audit further noted that the contractor
submitted names of three firms as Design Vetting Consultant as below:-
1. M/s Renardet S.A Consulting Engineers (Italy based) in
association with AAA Engineering Consultant Pvt. Ltd.
2. M/s EA Consultant Pvt. Ltd.
3. M/s AA Associates Pvt. Ltd.
Audit observed that the Authority approved M/s Renardet S.A
Consulting Engineers-AAA Engineering Consultant Pvt. Ltd as Design
Vetting Consultant in violation of above condition because the consultant
was required to be local whereas, the said consultant was foreign (Italy
based).
Audit further observed that the GM Design, NHA clearly opposed
the appointment of M/s Renardet and remarked that the firm was an
expatriate with only supervisory staff at M-4 project site, whereas, their
Design support section was situated in Italy Head Office. The complete
design review of Motorway M-4 was responsibility of M/s Renardet and
some omissions in design review were observed where the profile of
Motorway Section II&III which could be optimized (lowered at certain
sections) was missed and now upon identification of Chairman, the firm is
revising again by sending the design in soft copy to Italy. Further
remarked that the firm‟s structure engineers were well versed with
European Code rather AASHTO American design codes.
213
The GM Design also commented on local counterpart M/s AAA
and remarked that the firm is an average consulting firm with limited
capacity and NHA was also not satisfied with their performance on
Preliminary Design of Lahore-Abdul Hakeem section. The firm was also
facing financial constraints as they failed to comply with provisional sum
requirement on Lahore Eastern Bypass. The GM Design proposed the
appointment of M/s EA because being a Pakistani firm they can help the
contractor from design till approval as well as mobilize to site being closer
to the region. The remarks of the GM Design were not entertained and the
foreign consultant was approved for appointment with a cost of
Rs 2,085.986 million.
Audit was of the view that the remarks of the GM Design would
have been entertained as those were based on facts. Moreover, Audit also
observed that the complete Design of the project was to be completed in
four months which was still not completed despite lapse of more than one
year, whereas, on the other hand many changes in the design were also
observed.
Appointment of the foreign firm in violation of rules and without
considering the remarks of the GM design was due to weak contract
management.
Audit pointed out the matter during August-September 2017. The
Authority did not reply.
The matter was discussed in the DAC meeting held in December
2017 wherein, Audit contended that lead partner of design vetting
consultant JV was required to be a Pakistani firm but the contractor
engaged a foreign lead firm in violation of the contract agreement. The
DAC directed NHA to check the legal interpretation that when a foreign
lead firm gets itself registered with PEC as a juridic person it can be
treated as a local firm or not. Further, what action was taken to rectify the
violation of the contract agreement? Para was pended.
214
Audit recommends that matter be investigated and responsibility
be fixed against persons at fault.
(DP. 188)
4.4.13 Revival of works by extending undue favour to the contractors
According to para 2.65 of chapter-2 of NHA Financial Manual,
each officer possessing financial power is responsible to adopt canon of
financial propriety while incurring expenditure.
According to Rule 10 of GFR (Vol-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.
4.4.13.1 Audit noted during scrutiny of record relating to project
“Rehabilitation/Up-gradation of Jalalpur Pirwala-Uch Sharif Section of
Shujjabad-Tarenda Muhammad Panah Road (Package-III) District
Multan” that the work was badly handled and due diligence was not paid
to get it executed adequately as works on the project were stopped due to
some un-avoidable reasons. First extension was granted by the Employer
from 03
rd
December, 2011 to 31
st
December, 2013 with financial effect of
Rs 87.329 million on account of consultant‟s pay and escalation, without
any idling/prolongation costs. However, the work could not be completed
in that period also.
Audit further noted that instead of awarding the work on risk &
cost of the sitting contractor to speed up completion, the work was revived
by getting the contract amended by introducing amendment No.1 which
shows:-
i) Completion date was fixed as 30
th
November, 2017.
ii) As traffic was running on the aggregate base course/sub-base layer
for last four years, the Authority decided for rectification work on
the cost of employer over and above the contract sum.
215
Audit observed that instead of penalizing the contractor a heavy
amount of Rs 14 million was paid to him for an item in which Zero
material was involved rather already laid material was to be assembled.
Further, despite extension of time upto 30
th
November, 2017 the work
amounting to Rs 600 million was incomplete even in September 2017.
Moreover, price adjustment amounting to Rs 68.23 million was also paid
to the contractor.
Audit was of the view that revival of contract, payment of
defective work and price variation for extended period in favor of the
contractor was made in-violation of contract agreement which was
unjustified.
Audit pointed out unjustified revival of work in September 2017.
The Authority replied that same para had already been issued vide
No.4.4.32.3 for the year 2015-16. This project was suffered mainly due to
delay in handing over the land to contractor and non-availability of funds.
However, the work would be completed upto 30
th
November, 2017
otherwise liquidated damages will be imposed.
The reply of the Authority was not accepted because previous para
was on different issue. The contractor failed to complete the work within
stipulated period. The Authority despite imposing penalty to the contractor
revived the contract and extended undue benefit to the contractor in shape
of not freezing base rate of price adjustment. The Authority also made
payment of defective/damage work to the contractor in contract period and
insured period.
The matter could not be discussed in the DAC meeting despite best
efforts by Audit.
Audit recommends that matter be investigated and action be taken
against person(s) at fault.
(DP. 394)
216
4.4.13.2 Audit noted that the project “Shaheed Benazeer Bhutto bridge
Package-3” was awarded to M/s RMC at cost of Rs 593.425 million. The
work was started on 12
th
April, 2012 with completion date of 11
th
January,
2013. The contractor could not complete the work on time and the work
was terminated on 20
th
August, 2015. Audit further noted that the
executive Board reviewed the termination of the contract and allowed the
contractor to re-mobilize at site to save time and extra cost with the
amendment in the contract as proposed by the contract specialist. The
contractor started the construction activity after revival of the contract in
November 2016 but failed to complete the project within given time
period.
Audit observed that the work was revived with the plea that if the
contract was retendered the cost of the remaining work would be
Rs 797.494 million and on revival the amount would be Rs 389.202
million which was nothing except extending favour to the contractor
because the contractor had not shown vigilance and adequate
workmanship and seriousness to complete the work as time and again he
got extension in time but the work was still in progress.
Audit was of the view the award of work at risk and cost was more
favorable to the NHA than revival.
Audit pointed out undue benefit to the contractor in September
2017. The Authority replied that before approval of revival NHA also got
the expert/legal opinion by lawyer. In compliance the contractor was re-
mobilized at site and commenced the work accordingly. The reply was not
agreed because the contractor started the construction activity after revival
of the contract in November 2016 but failed to complete the Project within
time. Therefore, revival of the contract was nothing else to extend undue
favour to the contractor.
The matter could not be discussed in the DAC meeting despite best
efforts by Audit.
217
Audit recommends that matter be investigated and responsibility
be fixed against persons at fault.
(DP. 376)
4.4.14 Award of work to a disqualified firm due to non-adherence to
condition of bidding documents - Rs 715.455 million
Tender for the work "Package-I: Construction of approach road
from Kot Mithan to N-55 (from KM 23+000 to 31+ 094) of Shaheed
Benazir Bhutto Bridge over River Indus connecting Chachran Sharif with
Kot Mithan" called for on Single Stage-Two Envelope basis wherein
certain requirements for personnel and equipment capability were
provided for technical evaluation in the bidding documents as under:
Equipment capability
81 articles of machinery
and equipment
Personnel capability
22 Nos. having threshold
experience 343 years
Audit noted that contract was awarded to M/s Ch. Latif & Sons at
an agreed cost of Rs 715.455 million.
Audit observed that when the eligibility of the firm was checked it
was found that contractor had personnel capability with working
experience of 212 years against the desired 343 years whereas equipment
capability of 35 articles of construction machinery/equipment against the
requirement of 81. This state of affair was well evident that contractor had
lesser capabilities than desired for the execution of the project, as such he
was not technically qualified. As per standard procedure/rules financial
bid was not required to be opened of said bidder being technically
disqualified but the financial bid was opened and contract was awarded.
Non-adherence to condition of bidding documents caused award of work
to an unqualified firm for Rs 715.455 million.
218
Audit was of the view that award of work to an unqualified firm
was due to weak internal controls and an inadequate oversight mechanism
for enforcing relevant rules and regulations.
Audit pointed out the irregularities in September-October 2015.
The Authority did not reply.
The matter was discussed in the DAC meetings held in January
and February 2016, wherein Audit informed that the work was awarded to
a firm having deficient equipment and personnel as required minimum
threshold of technical qualification. NHA explained that PEC documents
do not specify disqualification of any bidder on the basis of personnel and
equipment capabilities. Audit reiterated that why these capabilities were
provided in the bidding documents in order to ascertain the technical
qualification of the bidders. The DAC directed that detailed record in
support of Authority‟s contention may be provided to Audit for
verification.
Compliance to the DAC‟s directive was not made despite lapse of
one year.
Audit recommends early compliance to the DAC‟s directive.
(DP. 203/2015-16)
4.4.15 Unauthorized execution of the work without approval and
without re-rating on excess quantity - Rs 515.829 million
PC-I of the Road Project from Thalian on M-2 to new Islamabad
International Airport (NIIA) and Periphery Road was approved by the
ECNEC conveyed by Ministry of Communications on 24
th
November,
2015 which contained the component at S. No.5 of structure (Retaining
walls) of Rs 291.733 million and structure (Bridges) at S. No. 6 of
Rs 110.790 million.
Audit noted that BOQ of the project was prepared wherein these
components i.e. structures (culverts and underpasses) were provided of
219
Rs 230.943 million and two bridges (30 meter span) were provided of
Rs 104.016 million.
Audit observed that component of bridges were excluded through
variation order No.1 and culverts were abnormally increased from
Rs 230.943 million to Rs 515.829 million. In this way abnormal
variation/excess upto 123.79% was made by addition of seven box
culverts without any re-rating. The addition and deletion of such items was
material/design deviation without approval of competent forum i.e.
ECNEC through revised PC-I.
Audit pointed out the un-authorized execution through variation
order in October 2017. Authority replied that box culverts were added by
deleting two bridges as per site requirements as design and survey carried
out before award of work was defective.
The reply was not acceptable, as it was a post tender change over
and above the provision of approved PC-I for which approval of ECNEC
through revised PC-I was not obtained.
The matter was discussed in DAC meeting held in November 2017
and January 2018. NHA explained that contract for Construction of road
from Thalian on M-2 to New Islamabad International Airport, including
Periphery Road was awarded to M/s Habib Construction Services (HCS)
at a cost of Rs 1,918 million. The revised cost of project was Rs 2,053
million (which is 7% of contract cost) duly approved by the competent
authority. No material deviations were made at project. Audit contended
that substantial variation in scope was made which requires regularization
by the same forum which approved the original PC-I. DAC directed to get
the variation regularized by ECNEC if substantial variation is involved as
contended by Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends investigation and appropriate corrective action.
(DP. 170,345)
220
4.4.16 Excess expenditure due to deviation from approved scope of
work resulted in utilization of saving - Rs 240.882 million
Para 56 (Chapter-2) of NHA Code provides that Technical
Sanction is a guarantee that the proposal is structurally sound and that the
estimates are accurately calculated and based on adequate data.
As per Government of Pakistan instructions/rules, the authority
granted by a sanction to an estimate must on all occasions be looked upon
as strictly limited by the precise objects for which the estimate was
intended to provide. Accordingly, any anticipated or actual savings on a
sanctioned estimate for a definite project should not, without special
authority, be applied to carry out additional work not contemplated in the'
original project or fairly contingent on its actual execution.
Audit noted that NHA awarded three periodic maintenance works
in different regions (i.e. Punjab North, Punjab South and Northern Areas)
to the contractors below the Engineer‟s Estimates. The estimates were on
higher side and contractors quoted 15% 20% below the estimates which
resulted in saving against the approved estimated costs.
Audit observed that during execution of works quantities of some
items were increased/decreased exorbitantly from 15% and above,
moreover, some non-BOQ items were also executed by approving the
Variation Orders from the Member due to which the cost of work was
increased. Audit was of the view that the excessive work was executed
just to utilize the available funds/saving.
(Rs in million)
Name of Work
Estimated
Cost
Agreement
Cost
Saving
Use of Saving
Through
Variation
Order
PM-2014-15-NA-01
642.474
543.790
98.684
81.293
PM-2014-15-PN-01
349.948
279.959
69.989
69.989
PM-2014-15-PS-06
468.716
379.116
89.600
89.600
Total
240.882
221
Audit was of the view that excess expenditure was due to weak
internal controls.
Audit pointed out the excess expenditure in July 2017. The
Authority replied that changes/variations were made as per site
requirement. The reply was not tenable because the excessive work was
executed just to utilize the savings.
The matter was discussed in the DAC meeting held in November
2017 and December 2017, wherein, NHA explained that changes/
variations were proposed by the consultant as per site requirement to
facilitate the road commuters with the approval of competent authority.
DAC directed NHA to obtain approval of variation from Executive Board
and get the process verified from Audit.
In other case NHA explained that during the currency of the
contract PM-2014-15-PN-01 from KM-1525+000 1552+000 (SBC) on
N-5 the Member (Central Zone) accorded the approval of VO No. 1 with
cost effect 14.53% due inclusion of item 205-b (open graded asphaltic
CRL) for the implementation of methodology to retard the establishment
of cracks. Member concerned was competent in accordance with Chapter-
III, Table-III-13 of NHA Code. Further, in second case contract reach of
PM contract was from KM 814+000 to KM 837+000 SBC (N-5). Initially,
the work was executed from KM 817+460 to KM 837+000 SBC (N-5)
within the BOQ amount. However, the road portion from KM 814 to
817+460 (3.217 KMs) SBC, which was part of the contract reach was not
covered although it was in poor condition but the BOQ quantities were
already consumed. Hence, that road section was addressed with 14.80%
enhancement in the contract cost of said contract. As far as the matter of
approval was concerned it was apprised that as per NHA Code 2005
Chapter No.3, Table, HI, 13, Member (Central Zone) /construction was
competent for approval of variation order upto 15% above the original
contract cost. DAC directed NHA to get the record verified from Audit.
222
The para relating to Punjab-South was also discussed in DAC
meeting held in January 2018. DAC directed NHA to provide detailed
justification.
As a general direction, DAC also constituted a Committee under
the chairmanship of Additional Secretary, Ministry of Communications to
examine the increasing trend of variation orders in execution of works and
financial of powers of Members to approve the variation.
Compliance to DAC‟s directive was not made till the finalization
of this report.
Audit recommends early compliance to DAC‟s directive besides
action against the responsible(s) for utilization of savings.
(DP. 15, 179)
4.4.17 Irregular transfer of work from N-70 to N-50 - Rs 198.156
million
According to para 101 of NHA Code, 2005 (Volume-I) when it is
found that a variation / change or order or amendment is necessitated
owing to a defect in design, estimates or drawing etc., the engineer
concerned/consultant who prepared the design, estimates or the drawing
shall be called upon to explain reasons for preparation of a defective
design. Issuance of variation orders in such a situation shall require
reasons to be recorded clearly in writing. Necessary procedure specifying
the action to be taken in different cases of this nature shall be issued by the
Member/Director General (Admn) in consultation with Member
(Planning)/Member (Operations) / (Construction). The Inter-Departmental
Committee (IDC) of the Public Accounts Committee (PAC) in its meeting
dated 17
th
July, 2001 decided that the management is not empowered to
award a new work as additional work to an existing contractor without
calling open tenders. It only allows minor adjustments in the already
awarded work so as to complete it in all respect.
223
Audit noted that the General Manager (Maintenance) Balochistan,
NHA, Quetta, awarded the work “Periodic Maintenance (Rehabilitation)
between Km 181+000 - 212+000 on (N-70) to M/s Paragon Construction
Company on 18
th
June, 2014 for Rs 216.794 million against Engineer‟s
Estimate of Rs 241.150 million having completion period of 180 days.
Audit observed that after award of work for Rehabilitation at N-70,
the work was shifted to N-50 (Km 90-97) and was got executed from the
same contractor for Rs 134.940 million upto 5
th
running bill against
revised cost of Rs 198.156 million irregularly.
Audit pointed out irregular transfer of work in October 2017. The
Authority replied that the original contract was awarded on N-70 for
Rs 216.794 million. The contract section falls in the newly constructed
project of M/s FWO that had not mobilized for rectification of defects.
Therefore, the periodic maintenance contract was proposed in the said
reach. Later, upon re-mobilization of FWO, and due to sheer need of
improvement and demand of local administration and tenants of the area,
NHA proposed shifting of this work from N-70 to N-50 which was got
approved from the competent authority and executed as per site
requirements.
The reply was not acceptable as the change in given scope of work
from N-70 to N-50 was against the codal requirement and execution at
new place with new work plan without open competitive bidding.
Furthermore the contract completion period was 180 days wherein the
escalation clause was not provided for. The price of major input material
i.e. bitumen during the period of award was on higher side i.e. Rs 80,890
(May 2014) and rates were reduced upto Rs 57,820 during execution at
changed location which provided undue benefit to the contractor due to
non-inclusion of price variation clause.
The matter was discussed in DAC meeting held in January 2018.
DAC directed NHA to submit revised reply giving justification to Audit.
224
Compliance to DAC‟s directive was not made till the finalization
of this report.
Audit recommends investigation and appropriate corrective action.
(DP. 302)
4.4.18 Loss due to non-taking over the possession of toll plazas from
defaulters - Rs 156.267 million and non-encashment of
performance bonds of defaulting operators - Rs 39.597 million
Clause 8.3 of Article-VIII of the contract provides that as security
for monthly toll revenue deposit, the OMC shall furnish to NHA within a
period of fourteen (14) days after the receipt of letter of acceptance, a cash
security in the shape of pay order or demand draft or in the shape of bank
guarantee in an amount equivalent to net guaranteed revenue offered by
the OMC for one month in the name of RMA, NHA against any loss
resulting from OMC‟s failure to fulfill the requirements of providing
precise and prompt revenue deposits. Further condition (c) of letter of
acceptance provides that, performance security should be provided i.e.
2.5% of the net guaranteed revenue for the whole contract period in form
of cash/pay order/demand draft in favour of “Road Maintenance
Account”, National Highway Authority, Islamabad or Bank Guarantee as
per format enclosed in the RFP.
Para 12(a) and (b) of NHA Code Volume-I chapter 11 provides
that, “careful studies shall be conducted by the concerned wing of the
Authority with regard to the useful life of the road/bridge, the number of
different types of vehicles expected to use the road/bridge during the said
life and the rates to be charged from different types of vehicles. In the
event of an emergency arising from the premature termination of contract
or due to suspension of the toll collection by the contractor for reasons
beyond his control, the General Manager (Region) after seeking approval
of the Chairman, NHA, shall collect the toll revenues departmentally till
award of a fresh contract.
225
As per bidding documents clause 16.1, toll revenue security shall
be submitted within 14 days after the receipt of letter of acceptance.
Further, clause 13 of ibid provides that toll revenue security shall be in the
form of cash/pay order/ D.D in favour of RMA account NHA, Islamabad
and its validity until 84 days after the expiry of the contract.
4.4.18.1 Audit noted that General Manager (Revenue), NHA awarded
seven (7) contracts to the toll operators for collecting toll at various
sections of national highways i.e. Havelian, Balakot, Mansehra, Khanozai,
Pabbi, Chakdara and Kashmore-Ubaro during financial year 2015-16 with
net guaranteed annual revenue.
Audit observed during review of computerized annual revenue
receipt statement prepared by the Revenue Section (Finance Wing) that
contractors had not paid monthly installments and defaulted. Audit further
observed that NHA neither forfeited/enchased bank guarantees and
performance securities nor terminated their contracts and went for re-
bidding within that financial year. The NHA also did not try to run toll
plaza during financial year 2015-16 on interim basis to avoid financial
losses. This resulted into non-forfeiture of bank guarantees and non-
encashment of performance bonds for Rs 39.597 million.
Audit was of the view that weak internal and financial controls
resulted in mismanagement of toll plazas.
Audit pointed out non-recovery in April 2017 but the Authority did
not reply.
(DP. 117)
4.4.18.2 Audit noted that G.M (Revenue) awarded three contracts in
Khyber Pakhtunkhwa to the toll operators for collecting toll in financial
year 2015-16 with net guaranteed annual revenue.
Audit observed during review of computerized annual revenue
receipt statement and toll revenue security deposit prepared by Revenue
Section (Finance Wing) that these contractors had not paid monthly
installments and defaulted. Further, these contractors also did not pay toll
226
revenue security in shape of bank guarantee or pay order as per statement
produced by Revenue Section but only paid 2.5% performance security.
Audit further observed that after their default instead of forfeiture
of toll revenue security and one month advance installment along with
performance security, the Authority issued sanction memo to adjust these
amounts to shortfall of ETTM toll plaza.
Audit was of the view that as per above mentioned provision of
NHA code if an emergency arising from the premature termination of
contract or due to suspension of the toll collection by the contractor for
reasons beyond his control the General Manager (Region) after seeking
approval of the Chairman, NHA, shall collect the toll revenues
departmentally till award of a fresh contract. This resulted into loss due to
not taking over the possession of toll plazas after default of operators for
Rs 156.267 million and unjustified issuance of commencement order for
Rs 208.367 million.
Audit pointed out loss in April 2017, but the Authority did not
reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, NHA explained that operators constructed the temporary
toll plazas but due to public resistance and non-development of toll
culture, locals of the vicinity destroyed the toll plaza. NHA in this regard
requested the Secretary, Khyber Pakhtunkhwa and Northern Areas to
cooperate in establishing NHA writ but no response was received from
district administration. Resultantly, no toll collection could be deposited.
Therefore, contracts of these toll plazas were terminated by Chairman
NHA along with release of securities deposited with NHA. DAC decided
to refer the para to PAC for deliberation/decision.
Audit recommends that NHA should adopt measures for
exploitation of opportunities of revenue.
(DP. 119)
227
4.4.19 Payment without approval from competent authority and
overpayment due to allowing enhanced rate - Rs 39.370 million
As per Para 105 of Chapter 3 of NHA Code, 2005, no re-rating of
contracts/enhancement of contract rate shall be made without the prior
approval in principal of the NHA Executive Board. When such a course of
action is considered absolutely necessary, the same shall be restored to
only on a formal request from the contractor with full justification for the
proposed enhancement in the contract rate(s), and shall be worked out
strictly in accordance with the terms of contract agreement in consultation
with the contractor, consultant and the General Manger Concerned. Para
106 of Code states that the agreed working, showing the financial effect of
re-rating shall be submitted by the concerned General Manager to the re-
rating committee constituted at NHA Head Office. This Committee shall
carefully scrutinize the details of re-rating proposal and submit its
recommendations to the Chairman NHA through Member (Finance).
Chairman, NHA shall then put up the proposal to the Executive Board for
approval.
4.4.19.1 Audit noted that NHA paid an item of work “Rip Rap Class-C”
for quantity 50,183 Cu.m against BOQ quantity of 37,479 Cu.m. Audit
further noted that the rate of excess quantity was re-fixed by the Authority
under clause 52.1 of the agreement i.e. Rs 2,426.11 per Cu.m.
Audit observed that the Authority allowed enhanced rate for excess
quantity of 12,704 Cu.m and paid @ Rs 2,426.11 per Cu.m involving
Rs 30.821 million without approval from the NHA Executive Board.
Audit further observed the Authority allowed excess rate for quantity
12,704 Cu.m (50,183-37,479) executed beyond BOQ provision instead of
quantity 1,460.3 Cu.m starting from 130% to onward of BOQ. Hence,
allowing of enhanced rate without approval resulted in irregular payment
of Rs 30.82 million and overpayment of Rs 27.278 million.
Audit pointed out the overpayment in September 2017. The
Authority replied that the contract clause did not define the quantity at
which this revised rate was to be applicable. There were also some
228
contracts where it was clearly mentioned that revised rates would be
applicable on more than 130% or 140% of quantity and in that case those
contacts were followed. Each contract was unique in its nature and have to
be followed as prepared/signed. The reply was not tenable because as per
contract agreement 100+30 was effective contract price, the revised rate
duly approved would be applicable on the quantity increasing/decreasing
that limit because revised rate of the item was allowed for quantity
executed from 130 to onward e.g. if the quantity did not qualify the above
criteria i.e. executed upto 129 than old rate was applicable under contract
provisions. Clause 52 of the contract agreement clearly elaborated the
criteria for revision of rate.
The matter could not be discussed in the DAC meeting despite best
efforts by Audit.
Audit recommends recovery from the contractor.
(DP. 377)
4.4.19.2 Audit noted that in BOQ item “Formation of embankment from
borrow excavation in common material of work “Sultan Bahoo Bridge
over River Chenab” was provided with the quantity of 397,832 Cu.m
which was enhanced to 658,125 Cu.m. Audit further noted that the
Authority revised the rate to Rs 446.65 from Rs 340 per Cu.m against
excess quantity.
Audit observed that the Authority allowed enhanced rate for excess
quantity of 260,293 Cu.m and paid @ Rs 424.317 per Cu.m involving
Rs 110.446 million without approval from the NHA Executive Board.
Audit further observed the Authority allowed excess rate for a quantity of
260,293 Cu.m executed beyond BOQ provision instead of quantity of
140,943.4 Cu.m starting from 130% to onward of BOQ. Hence, allowing
of enhanced rate without approval resulted in irregular payment of
Rs 12.092 million.
Audit pointed out the overpayment in September 2017. The
Authority replied that the contract clause did not define the quantity at
229
which this revised rate was to be applicable. There were also some
contracts where it was clearly mentioned that revised rates would be
applicable on more than 130% or 140% of quantity and in that case those
contacts are followed. Each contract was unique in its nature and have to
be followed as prepared/signed. The reply was not tenable because as per
contract agreement 100+30 is effective contract price, the revised rate duly
approved would be applicable on the quantity increasing/decreasing that
limit because revised rate of the item was allowed for a quantity executed
from 130 to onward e.g. if the quantity did not qualify the above criteria
i.e. executed upto 129 than old rate was applicable under contract
provisions. Clause 52 of the contract agreement clearly elaborated the
criteria for revision of rate.
The matter could not be discussed in the DAC meeting despite best
efforts by Audit.
Audit recommends recovery from the contractors.
(DP. 379)
4.4.20 Mis-procurement of Rs 19.064 million and irregular payment -
Rs 5.338 million
As per rule 12(2) of Public Procurement Rules 2004, all
procurement opportunities over two million rupees should be advertised
on the Authority‟s website as well as in other print media or newspapers
having wide circulation. The advertisement in the newspapers shall
principally appear in at least two national dailies, one in English and the
other in Urdu.
Audit noted that expenses for legal and professional fee for the
financial year 2015-16 comes to Rs 137.864 million whereas in the
previous year 2014-15 the expenses for the same head of account were
Rs 91.291 million. The increase was 51% as compared to the previous
financial year.
230
Audit observed through further probe into the matter that the
services of individual consultant were hired as Senior Procurement and
Contract Specialist for two years with the contract cost of Rs 19.064
million without adopting tender procedures as required under the rules. An
amount of Rs 5.338 million was paid to the consultant during 2015-16.
This resulted into mis-procurement of Rs 19.064 million and irregular
payment of Rs 5.338 million.
Audit was of the view that irregularity occurred due to weak
internal and financial controls.
Audit pointed out irregularity in May 2017. The Authority replied
that as per Section 13 of NHA Act, the Authority may from time to time
employ such officers, staff, experts or consultants as it may consider
necessary for the performance of its functions on such terms and
conditions as it may deem fit and as such for employment of officers and
staff, Member concerned in consultation with the Admin Wing with the
approval of Chairman NHA is empowered. For experts and consultants,
Member concerned with the approval of Chairman NHA is empowered. It
may be understood that NHA Act empowers the NHA to make such
measures and exercise such powers as it considers necessary or expedient
for carrying out the purpose of this Act on such terms and conditions as it
may deem fit. Moreover, engagement of an expert or specialist was not a
public procurement and was purely at the discretion of the Authority for
better management of its affairs. We never tender Doctors, Lawyers and
such specialists. They are engaged with reference to the assignments in
hand. The reply was not tenable because PPRA rules are meant for works
and services, therefore, hiring of such consultancy services were subject to
the tender process.
The matter was discussed in DAC meeting held in January 2018.
Audit contended that extension of contract was irregular and charge of
consultancy expenditure to RMA was not a valid charge. DAC directed
NHA to stop payment of consultancy charges from RMA funds and
appropriate source of funding be determined and also directed NHA to
231
provide detailed justification for extension in the appointment of the
consultant.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends that matter be investigated and responsibility
be fixed against persons at fault.
(DP. 148)
Performance
4.4.21 Non-mutation of land in the name of NHA - Rs 37,415.00
million
Rule-20 of Chapter-7 of NHA Code (Vol-I) provides that the Land
Management Wing shall be responsible for carrying out the mutation of
the acquired land in the name of the Authority.
Audit noted during examination of Draft Financial Statements of
NHA for the year ended on 30
th
June, 2016 that an amount of Rs 37.415
billion was transferred for land acquisition but mutation of the land had
not been actualized. This resulted in non-mutation of land in the name of
NHA valuing Rs 37.415 billion.
Audit was of the view that non-transfer/mutation of the acquired
land occurred due to non-pursuance of the matter by NHA Land
Management Wing and lack of administrative, financial and internal
controls.
Audit pointed out the issue in May 2017. The Authority replied
that total land measuring 512,111 (Kanals) 07 Marlas had been acquired
on different projects of NHA and 428,848 Kanals-02 Marlas had been
mutated in the name of NHA which comes to 83.74%. Mutation of
remaining land was under process. The reply was not tenable because still
a considerable land had not been mutated in the name of Authority.
232
The matter was discussed in the DAC meeting held in November
2017, wherein, the DAC directed NHA to pursue mutation of land along
with reconciliation of final account with LAC/Treasury. The matter was
also discussed in DAC meeting held in January 2018, wherein NHA
explained that total land measuring 512,111 kanals - 07 marlas had been
acquired on different projects of NHA and 428,848 kanals-02 marlas had
been mutated in the name of NHA which comes to 83.74%. Mutation of
remaining land is under process. With reference to land of M-1, entry has
been made in mutation and data collection for the year 2016-17 is
scheduled and would be compiled on 31
st
January, 2018. DAC directed
NHA to complete the mutation process and get it verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive to
safeguard the Authority‟s assets.
(DP. 139,171)
Internal Control Weaknesses
4.4.22 Irregular/unauthorized investment of surplus funds in Zarai
Taraqiati Bank - Rs 9,700.00 million
As per Para-6 of Office Memorandum No.F.4(1)/2002-BR-II dated
02
nd
July, 2003 issued by Budget Wing, Finance Division, Government of
Pakistan, before making any investment under this policy, it would be
necessary for public sector entities to set up in-house professional treasury
management functions. Specifically, they would need to have an
Investment Committee (IC) with defined investment approval authority.
Transactions above the approval authority of the IC will be subject to
approval of the Board of Directors or an equivalent forum. The IC should
be assisted by an Investment Management Unit employing qualified staff
with at least 3-5 years of experience of managing investment in
debt/equity instruments. However, it will be necessary for public sector
233
enterprises to use the services of professional fund managers approved by
SECP.
Audit noted that NHA entered into a concession agreement with
M/s Motorway Operations Rehabilitation & Engineering (Private) Limited
(MORE), a company created and owned by FWO, for the Overlay and
Modernization of M-2 Motorway Project under Build, Operate, Transfer
(BOT) regime. As per terms and conditions of the concession agreement,
NHA had received Rs 9.5 billion from the concessionaire as upfront
payment upon successful achievement of Financial Close. The NHA
Board in its 234
th
Executive Board Meeting decided to form a Road
Development/Contingent Liability Fund from the earnings of M-2 Project.
Accordingly, an account under the nomenclature of “National Highway
Authority Road Development/Contingent Liability Fund M-2 Account”
was opened with HBL on a daily product basis.
Audit observed that the Member Finance alone decided to invest
the funds in term deposit on 02
nd
October, 2015. The following tasks were
performed on 05
th
October, 2015 (in one day).
The Investment Committee was constituted.
Request to offer rates was demanded from six banks.
Offer profit rates were obtained from five banks.
The Investment Committee recommended to invest Rs 9.700
billion in ZTBL on the basis of competitive rates.
The Member Finance approved the recommendation of IC.
Liability Marketing Division of ZBTL Islamabad issued letter
of thanks for willingness to deposit Rs 9,953.400 million with
ZTBL @ 7% per annum for a period of one year with maturity
date of 13
th
October, 2016.
Audit further observed that after maturity of period the amount of
Rs 10.578 billion was rolled over for further period of one year @ 7.10%
per annum in the same bank without obtaining rates from other banks.
234
This resulted in irregular investment of Rs 9.700 billion for the year 2015-
16 and Rs 10.578 billion for the next year in ZTBL.
It is pertinent to mention that Authority is paying high rate of
markup up to 18% per annum on long term loans. Further a total loan of
US$ 624.106 million from Daewoo Corporation for the construction and
design of Lahore-Islamabad Motorway Project was rescheduled in
February 1996 and then in July 2003 and was repayable in semi-annual
installments from July 2003 to August 2008. Interest was payable at six
months' LIBOR for US Dollar's Deposit plus a margin of 1% per annum
fixed, two banking days prior to the beginning of relevant interest period
i.e. 1
st
March and 1
st
September each year, as published in Financial
Times. Subsequently, the loan has been taken over by the GoP under re-
arrangement agreement between GoP and Daewoo Corporation. Now the
loan is payable by NHA to the GoP on the same terms and conditions as
were initially agreed between NHA and Daewoo Corporation.
Audit was of the view that irregularity occurred due to un-prudent
discussion of the management of NHA and weak internal and financial
controls.
Audit pointed out irregularity in May 2017. The Authority replied
that after having followed a competitive process funds were placed with
ZTBL (AAA rated) @ 7.0 % p.a for a two year term period with the
approval of Chairman NHA on the advice of Member (Finance) duly
endorsed and appreciated by the NHA Executive Board in its 255
th
meeting held on 19
th
October 2015. On the expiry of one year term period
the funds were rolled over for further one year at even higher rate of
7.10% per annum as oppose to declining market rates. The reply was not
tenable because the roll-over was made without obtaining the rates from
other banks due to which no competitive environment was observed in the
investment.
The matter was discussed in DAC meeting held in January 2018.
NHA explained that matter regarding conversion of CDL into grant and
equity is under active consideration. It is CDL was an arbitrary decision of
the government and there was no payback of the projects to retire such
235
loan. Revenue earned from toll, etc. is dedicated for maintenance
activities. As far as investment is concerned, NHA is in process of framing
an investment policy and currently NHA follows investment policy of the
federal government. In the instant case, AAA rated banks were requested
to offer profit rate on investment. Audit contended that it was not a wise
decision as interest payable by NHA on CDL was on higher side as
compared to return on the investment. The Chair was of the view that
there may be some business model behind the decision of government
regarding release of funds to NHA as CDL. Further, revenue were to be
tied up with NHA liabilities.
DAC directed NHA to provide elaborative reply to the following
questions:
i. What are the year-wise details of CDL, principal along with
interest accrued thereon?
ii. What is business plan of NHA to retire the entire amount of
CDL?
iii. What business model was presented in case of M-2, with
current status of loan?
iv. What are the valid charges to revenue account of NHA?
v. What would be the impact of conversion of CDL into equity?
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends corrective measures.
(DP. 141)
4.4.23 Mismanagement of NHA resulting into accumulated toll
income receivable - Rs 7,968.409 million
As per contract clause 3.8(ii), if the fixed guaranteed revenue is not
deposited in NHA designated account by the next working day the
236
following penalty mechanism shall become applicable and effective
automatically:
S.
No.
Installment Amount (Net)
Amount of Penalty
01
Up to 0.50 million
Rs 10,000 per day
02
Rs 0.51 million to Rs 10.00 million
Rs 20,000 per day
03
Rs 10.01 million to Rs 15.00 million
Rs 30,000 per day
04
Rs 20.01 million to Rs 30.00 million
Rs 40,000 per day
05
Rs 30.01 million to Rs 40.00 million
Rs 60,000 per day
06
Rs 40.01 million & above
Rs 70,000 per day
After the 8
th
day of delay, contract shall become liable to be
terminated under default of OMC without serving any notice and
entertaining claim whatsoever.
Clause 14.3 instruction to bidder provides that all the operators
who are not depositing there due installment regularly to NHA shall not be
allowed to participate in bidding process.
Further, as per pre-bid meeting held on 26
th
June, 2015 with
prequalified bidders it was decided at agenda item No. 13 that bids of
OMC / bidders with shortfall and / or under default will not be accepted.
As per agenda Item No.8 of 251
st
Board‟s meeting held on 07
th
July 2015, nine toll plazas pertaining to Balochistan were to be awarded
with relaxed criteria for pre-qualification.
4.4.23.1 Audit noted that neither penalties were imposed annually on
contractors for late submission of monthly guaranteed revenue nor they
were marked as defaulter and stopped from participation in bidding
process on time. Mismanagement results in leakages of revenue.
Audit observed that every year approximately Rs 1,000.000
million (10% of total annual toll revenue) is going in account receivable
and up to close of fiscal year 2015-16 the amount reached to Rs 7,962.556
237
million. The Authority neither terminated contracts on due time after 8
th
day of shortfall as per above mentioned rules nor taken timely measures to
re-award toll plazas promptly. This mismanagement of NHA resulted in
an accumulation of toll income receivable of Rs 7,962.555 million.
Audit was of the view that mismanagement was due to negligence,
weak internal and financial controls.
Audit pointed out the issue in April 2017. The Authority did not
reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, NHA explained that penalty had been imposed in some
cases. The DAC directed NHA that efforts made for recovery and outcome
may be shared with Audit.
Compliance to DAC‟s directive was not made till the finalization
of this report.
Audit recommends early compliance to DAC‟s directive besides
action against the defaulters for non-payment of Authority‟s dues.
(DP. 121)
4.4.23.2 Audit noted that National Highway Authority awarded eight (08)
contracts to the toll operators in Balochistan for collecting toll in financial
year 2015-16 with net guaranteed annual revenue approximately after 7
months of decision of 251
st
Board‟s meeting held on 07
th
July, 2015.
Audit observed that normal tendering process took maximum 3
months. During this period the Authority did not bother to run these toll
plazas through regional General Managers. This resulted into loss for
Rs 34.652 million. Audit further observed during review of computerized
annual revenue receipt statement prepared be Revenue Section (Finance
Wing) that 05 out of 09 contractors had not paid monthly installments and
defaulted. NHA neither forfeited/enchased bank guarantees and
performance securities nor terminated their contracts and went for re-
238
bidding within that financial year. This resulted into non-forfeiture of bank
guarantees and non-encashment of performance bonds for Rs 5.854
million.
Audit was of the view that non-forfeiture/non-encashment of
performance bond was due to negligence, weak internal and financial
controls.
Audit pointed out loss in April 2017, but the Authority did not
reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, NHA explained that to establish tolling culture and NHA
writ in Balochistan procurement was done under special procedure and on
reduced toll rates. Toll operators had to construct temporary toll plaza on
the locations but due to local politicians and public resistance and due to
non-development of tolling culture, locals of the vicinity destroyed the toll
plaza. NHA in this regard requested Secretary, Balochistan to cooperate in
establishing NHA writ but no response was received from district
administration. Resultantly, no toll collection could be deposited and
contracts of these toll plazas were terminated by Chairman NHA. DAC
decided to refer the matter to PAC for deliberations/decision.
Audit recommends that appropriate measures be taken to exploit
opportunities of revenue.
(DP. 123)
4.4.24 Abnormal defective engineer’s estimation due to high
estimation of rates in CSR 2014 - Rs 5,104.01 million
As per para 56, chapter-2 of NHA Code-2005, Technical Sanction
is a guarantee that the proposal is structurally sound and that the estimates
are accurately calculated and based on adequate data. It shall be issued on
the basis of detailed estimates for the project as a whole, after
administrative approval is accorded Technical Sanction which is
concerned with actual design and execution of the work and accounts for
all expenditures, ensures that:
239
(i) Design and specifications engineering/practice share in
accordance with sound.
(ii) The materials for the execution of the work are in strict
accordance with the plans and specifications.
(iii) In assessment of the project cost, utmost economy has been
observed consistent with good workmanship and good
materials.
(iv) The estimate represents carefully budgeted cost of execution
of the work including all accessory and consequential
services calculated as accurately as is possible at the time of
its preparation.
Audit noted that NHA awarded twenty-two (22) periodic
maintenance works having estimated cost of more than Rs 50 million
during financial year 2015-16. Three hundred forty (340) bidders
participated in the bidding process and offered their bids and all the
bidders quoted their bids below the Engineer‟s estimation upto 41.28%
below than engineer‟s estimate.
Audit observed that the engineer‟s estimate was on higher side and
needed to be investigated to ascertain the reason(s) for abnormal
estimation. The bidders submitted their bids after site visit and quoted
their rates much more below the engineer‟s estimates which clearly
indicate that engineer‟s estimates were not structurally sound and not
accurately calculated. This resulted into abnormal defective engineer‟s
estimation of Rs 5,104.01 million due to high estimation of rates in CSR
2014.
Audit pointed out the abnormal defective Engineer‟s estimates in
July 2017. The Authority replied that low rates were due to general
bidding trend coupled with healthy and competitive bidding in the
department. As regards the apprehension of quality compromise, the
matter was put up to the highest forum i.e. NHA Executive Board who
approved with following future precautions:
240
a) The concerned Member shall visit the project himself to ensure the
quality control
b) No variation order shall be permitted without approval of NHA
executive board.
The reply was not acceptable because abnormal variation due to
estimation on higher side which needs all accessory and consequential
services calculated as accurately as is possible at the time of its
preparation.
The matter was discussed in the DAC meeting held in December
2017, wherein, DAC directed NHA that:
i. A framework be devised to link the market fluctuations with
CSR for proper estimation of cost and evaluation of works.
ii. NHA should inquire and submit report on justification and the
Executive Board may examine the issue.
iii. Frequency of revision of CSR be rationalized for proper
estimation.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive, as
well as revision in CSR as per prevailing market trends.
(DP. 124)
4.4.25 Violation of contract provision due to non-hiring of design and
supervisory consultants by the contractor - Rs 4,616.210
million
As per clause 3.6(e) of particular conditions of contract, the
contractor shall institute a quality assurance system including hiring of a
supervisory consultant to demonstrate compliance with the requirements
241
of the Contract. The employer shall be entitled to Audit any aspect of the
supervision contract. The contractor shall forward copy of all
correspondence in English language to the AER and shall allow him to
visit and monitor the works execution, quality management and
supervision tests.
As per clause 5.1 the cost of detailed design and supervisory
services is included in the bid cost. Design services and Supervisory
Services are the responsibility of the Contractor in EPC contract of
Construction of Havelian-Thakot Section of CPEC.
Audit noted that in the said contract, the analysis of rates/breakup
of cost submitted by the contractor with the bid included following on the
cost of labour, material and machinery charges:-
i) 3.5% for the design services and internal supervisory services.
ii) 0.5% for the safety facilities of the contractor.
iii) 10% for contractors profit and overheads.
iv) 7.5% Other Amortization
Audit observed that total cost against supervisory services in the
contract was Rs 4,616,210,690 (Rs 131,891,734,000*3.5/100) but the
contractor had not hired any third party consultant for design and
supervisory services. The cost of supervisory services included in the
contractor rates has not been recovered due to non-compliance to contract
provision by the contractor. Quality assurance process of execution of
works by third party consultants has also been compromised.
Audit pointed out the issue in September 2017. The Authority
replied that as per requirement, a professional/experienced consultant
group had been hired and deployed in this project for the supervisory
service, the quality assurance process of execution of works had been
strictly performed and proved to be successful and valid.
The reply was not accepted because the document enclosed with
the reply was a construction supervision programme to be established
242
within the organization of the contractor. This was not a third party/
independent consultancy agreement which could prove that the contractor
had hired consultants for the construction supervision.
The matter was discussed in the DAC meeting held in December
2017, wherein, Audit contended that hiring of supervisory consultant by
the contractor was contractual obligation which was not fulfilled. DAC
directed NHA to ensure compliance to the contract provisions and obtain a
certificate from RE to the effect that satisfactory mechanism of design and
supervision is in place.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
besides investigation in the matter as to why the design/supervisory
consultant was not hired by the contractor.
(DP. 265)
4.4.26 Non-recovery due to non-provision of evidence for payments
of financial charges/premium against bank guarantees/
insurance - Rs 3.986 billion
As per agreement the contractor was required to place all insurances
as per contract clauses 18.1, 18.1(a), 18.2, 18.3, and 18.4 with insurance
company having at least AA rating from PACRA/JCR in favour of the
Employer valid for a period 28 days after the expiry of Defect Liability
Period. The contractor shall within 42 days of commencement of work
submit to the other party (NHA) evidence that the insurance described in
this clause has been effected.
As per Bill No.7-B of the contract agreement, following financial
charges were included in bid price of the contractor:-
243
Description of Item
Total
Unit
Unit Rate
Amount (Rs)
Insurance Security
(1) Havelian - Abbottabad Section
1
L.S
925,315,826
925,315,826
(2) Abbottabad - Mansehra Section
1
L.S
257,689,610
257,689,610
(3) Mansehra - Thakot Section
1
L.S
851,779,085
851,779,085
Bank Guarantee for Performance
Security, Advance payment
(1) Havelian - Abbottabad Section
1
L.S
887,364,622
887,364,622
(2) Abbottabad - Mansehra Section
1
L.S
247,129,153
247,129,153
(3) Mansehra - Thakot Section
1
L.S
816,847,468
816,847,468
Total
3,986,125,763
Audit noted that NHA awarded the work construction of KKH
Phase-II (Havelian-Thakot 118 Km) to M/s China Communication
Construction Company Ltd at an agreed cost of Rs 133.980 billion with
time for completion as 1278 days. The commencement orders were issued
on 1
st
September, 2016.
Audit noted that the contractor included financial charges for
Rs 3.986 billion in his bid against performance, insurance and
mobilization guarantees.
Audit observed that the contractor could not provide evidence of
payments/financial charges/premium paid against above guarantees and
insurances. Audit further observed that in these guarantees and policies the
insurance premium amount was left with vague comment i.e. “As Agreed”.
The contractor submitted insurance cover for Rs 131.106 Billion
form EFU General Insurance Company as co-insurance from EFU Group.
The premium cost was not clearly mentioned in the insurance policies
taken for all the three (03) sections of the work but replaced with vague
word “As agreed”.
Audit was of the view that when proper premium amount was not
mentioned then in such situation the handsome amount included in bid
price for this purpose should be recovered from the contractor but that was
244
not done by the Authority. This resulted in non-provision of evidence for
payments of financial charges/premium against bank guarantees/insurance
amounting to Rs 3.986 billion.
Audit was of the view that irregularity occurred due to weak
oversight mechanism for exercising internal financial controls.
Audit pointed out the issue in September 2017. The Authority
replied that confirmation of the insurance company against payment of
premium to them was obtained. As a requirement of the contract all, items
of Insurance and Security are in accordance with the laid down
requirements of the contract agreement.
The reply was not accepted because the contractor included the
cost of financial charges for Rs 3.986 billion in his bid against
performance, insurance and mobilization guarantees. Audit observed that
the contractor did not provide evidence against expenditure on provision
of such insurances and guarantees.
The matter was discussed in the DAC meeting held in December
2017, wherein, DAC directed NHA to make effort to obtain detail of cost
actually borne by the contractor on effecting the insurance policies. Para
was pended.
Outcome was not shared with Audit till the finalization of this
report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 262)
4.4.27 Loss on account of land acquisition and compound interest -
Rs 2,958.00 million and non-finalization of inquiry
Rule-6 (f) of National Highway Authority, Efficiency & Discipline
Rules 1995 provides that the inquiry officer or the Committee, as the case
may be, shall within ten days of the conclusion of the proceedings or such
245
longer period as may be allowed by the authorized officer, submit his or
its findings and the grounds thereof to the authorized officer.
Audit noted that NHA constituted an inquiry committee headed by
Mr. Murtaza Ali Khan Kandhari, GM (KLM) and Mr. Muhammad Ikram,
Assistant Director (L&S) as member on 12
th
March, 2014 regarding
inquiry against Rana Muhammad Tariq Ex-Deputy Director (L&S) that
caused a loss of Rs 2,958.00 million due to excess payments on account of
land acquisition.
Audit observed that said inquiry was forwarded to inquiry
committee on 12
th
March, 2014 with the request to investigate the matter
against the officer, fix responsibility and submit report within 15 days.
Audit further observed that the head of inquiry committee was required to
conclude the inquiry within two weeks after issuance of 12 reminders but
finalization of inquiry report was not reported by the Authority. This
resulted in non-finalization of inquiry against the officer who caused the
loss of Rs 2.958 billion.
Audit was of the view that non-finalization of inquiry was due to
improper pursuance, non-adherence to the Efficiency & Discipline Rules
1995 and ineffective implementation of administrative and internal
controls.
Audit pointed out the matter in September and October 2015. The
authority did not reply.
The matter was discussed in the DAC meeting held in January
2016, wherein the the Authority informed that the matter was already
under inquiry by GM (PKM). DAC directed NHA to finalize the
proceedings within 20 days.
Compliance to the DAC‟s directive was not made despite lapse of
a period of two years.
246
Audit recommends that matter be investigated and responsibility
be fixed against persons at fault.
(DP. 326/2015-16)
4.4.28 Unjustified hiring of consultant for monitoring resulted in
extra expenditure of Rs 1,112.618 million and US$ 3.849
million
As per Para 7(ii) of Govt. of Pakistan Finance Division letter No.
F.3(10)Explicit/94-Vol-I-68 dated 8
th
February, 2002, Guidelines for
hiring of consultants. The consultants should not be appointed for routine
functions of an organization.
As per Guidelines for Project Management approved by the
Planning Commission of Pakistan, para 10.1-B (Foreign Aided Projects)-
Consultant‟s Role, it has been noted that a high consultancy fee was paid
on the consultancies even in those projects which were based on simple
technology and did not require foreign consultants. At the time of
negotiations with foreign donor and approval of the projects the need for
such consultancy should be seriously appraised.
As per NHA Code Chapter-4, Para-6 All possible efforts shall be
made by the Authority to impart necessary training to its own
engineers/officers in the relevant fields whose expertise could be utilized
in future and the engagement of consultants could be avoided as far as
possible.
Audit noted that NHA awarded a contract for construction of
Peshawar Karachi Motorway Section-II Multan-Sukkur section (392 KM)
CPEC to M/s China State Construction Engineering Corporation Limited
on Engineering Procurement Construction (EPC)/Turnkey basis for an
agreement cost of Rs 294,352.00 million. Audit further noted that in the
agreement of the contractor there was a provision of Design Vetting
Consultant as well as a Quality Control Team which have to be hired by
the contractor and the Authority have to pay Rs 2,085.986 million and
Rs 1,042.993 million respectively.
247
Audit observed that besides the provisions of the said consultants
the Authority appointed another consultant as Assistant to Employer‟s
Representative (AER) with the agreement cost of Rs 1,112.618 million
and US$ 3.849 million. Audit was of the view that as the Authority had
already committed a heavy expenditure against Design Vetting Consultant
and Quality Control Team that were completely responsible for accuracy
of design, execution of work and completion of project as the project was
on Engineering Procurement and Construction (EPC)/Turnkey basis,
hence hiring of another consultant as AER stands unjustified and resulted
in an extra expenditure of Rs 1,112.618 million and US$ 3.849 million.
Audit in of the view that extra expenditure was due to weak
internal controls.
Audit pointed out the issue during August and September 2017.
The Authority replied that the AER had three distinct roles i.e. design
review, monitoring the in-house consultant and reporting. It had to be
appreciated that the vetting consultant and in-house consultant were
employees of the contractor, and an independent check was vital for the
Employer‟s interests. The reply was not tenable because the Authority had
already paid a huge amount on account of in-house consultants such as
Quality Control Team and Design Vetting Consultant hired by the
contractor, who had the total responsibility of the project. Moreover, a
complete setup of NHA officers/officials was also established for the
project. Hence, appointment of another consultant as Assistant the
Employer was unjustified and resulted in extra burden on public
exchequer.
The matter was discussed in the DAC meeting held in December
2017, wherein, Audit contended that the employer (NHA) was the
executing agency which possessed engineering expertise. Hiring of
monitoring consultant resulted in extra financial burden on the public
exchequer. DAC inquired from NHA about international best practices
and asked NHA to provide examples wherein Assistant to Employer was
engaged by the Employer in EPC contracts. DAC further directed NHA to
248
justify that there was no overlapping of the responsibility of the contractor
and Assistant to Employer and hiring of Assistant to Employer by the
Employer to monitor the project activities.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 186)
4.4.29 Loss of revenue due to short receipt of toll collection than
reserved prices - Rs 2,173.873 million
Para-12(b) Chapter-11 of NHA Code Vol-I provides that, “as a
general rule, tolls shall be collected through an O&M contractor procured
under PPRA/RMA Rules as a service contract or as a maximum
guaranteed bid. In the event of an emergency arising from the premature
termination of contract or due to suspension of the toll collection by the
contractor for reasons beyond his control, the General Manager (Region)
after seeking approval of the Chairman, NHA, shall collect the toll
revenues departmentally till award of a fresh contract. General Manager
concerned shall employ such establishment on work charge basis.
Expenditure on pay and allowances of such establishment shall be a
legitimate charge against toll revenues. Further Pre-qualification Notice
was issued on 12
th
May, 2015 in daily Dawn News for operation,
management and maintenance (OM&M) contracts of Toll Plazas (Manual)
on National Highway Network for the Fiscal year starting from 1
st
July,
2015 and ending in 30
th
June, 2016.
Audit noted that NHA awarded 47 contracts for operation and
management of toll plazas all over the Pakistan after pre-qualification of
contractors. Audit further noted that Letters of Acceptance were issued in
September 2015 for the back period starting from 1
st
July, 2015 and
ending in June 2016 against reserved prices offered by the contractors and
accepted by Bid Evaluation Committee.
249
Audit observed that majority of the contractors paid revenue at old
rates from 1
st
July, 2015 to 30
th
September, 2015 as pre-qualification
process was started late in May 2015 and whole process of awarding
contracts took approximately 3 months. Audit further observed that
issuance of acceptance letters from back dates period was totally
unjustified and contractors did not pay the net guaranteed revenue of one
year even in cases where sitting operators awarded the new contract as per
rate offered in bidding process up to close of fiscal year 30
th
June
mentioned in letter of acceptances. This resulted into shortage/deficient of
revenue for Rs 2,173.873 million (Rs 8,502.779 million offered by
contractors for period ending 30
th
June, 2016 minus actual revenue paid
i.e. Rs 6,328.906 million).
Audit was of the view that due to mismanagement, delay in award
of fresh contracts and non-deposit of annual guaranteed revenue, NHA
sustained a loss of Rs 2,173.873 million.
Audit pointed out the loss in April 2017, but the Authority did not
reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, NHA explained that 87 bidding documents were reviewed
for prequalification which took time. Moreover, due to holy month of
Ramadhan and delay in Executive Board meeting process was delayed.
Since extensive scrutiny was involved, extensions were granted to the
existing operators. DAC directed NHA to streamline the system for timely
initiation of the process. Moreover, provisions be made in agreement that
if contract is extended, differential of revenue as per new rates achieved in
fresh tendering would be paid by the contractor.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
besides action against the responsible(s) for loss.
(DP. 112)
250
4.4.30 Excess payment due to less execution of work - US$ 25.213
million
As per clause 22 of the Supplementary Agreement No. 1
Improvement of KKH from Raikot to Khunjerab chainage 335 km (Km
471-km to 806 km) realignment of KKH at Barrier lake Attabad Hunza
Gilgit Baltistan, “the major part of the contract price of additional work
comprises of tunnels, bridges and retaining walls. After the completion of
detailed design, if the length of tunnels, bridges, and volume of
retaining/breast walls is reduced, the contract price of the additional work
shall be accordingly adjusted. Further, as per Note-38a of General
Manager, Gilgit Baltistan, the road portion has been constructed 21.8
kilometer instead of 24 and the payment may please be made for 21.8 km
only.
Audit noted that NHA awarded a work “Re-alignment of KKH at
Attaabad Barrier Lake, Hunza” to M/s China Road & Bridge Corporation
(CRBC) on 26
th
July, 2012 at an agreed cost of US$ 275.00 million (EPC
contract), which was to be completed upto 25
th
September, 2015
(Extended). Defect liability period was of 12-month ending upto 24
th
September, 2016 on completion of the project NHA had to release the
performance security, 5% of the contract cost after fulfilling the codal
formalities.
Audit observed that the General Manager, Gilgit Baltistan objected
that the real portion of the agreed contract was constructed as 21.8
kilometer instead of 24 kilometers. But the Authority without keeping in
view the above observation released performance security to the
contractor. In this way, 2.2km (24km-21.8km) was less constructed and
therefore, cost thereof should have not to be paid. This resulted in excess
payment to the contractor amounting to 25.213 million US$.
Audit pointed out the excess payment in July 2017. The Authority
did not reply.
251
The matter was discussed in the DAC meeting held in November
2017, wherein, the DAC directed NHA to provide original and
supplementary agreement to Audit for verification.
Compliance to the DAC‟s directive was not made till finalization
of this report.
Audit recommends early compliance to the DAC‟s directive
besides recovery on account of less execution of work.
(DP. 155)
4.4.31 Non-provision of construction performance bond by the
concessionaire - Rs 1,831.75 million
Clause 13.3 (a) & (b) of concession agreement dated 23
rd
April,
2014 between National Highway Authority and Motorway Operations and
Rehabilitation Engineering Company (Pvt) Ltd, provides that the
concessionaire shall, on or before the works Commencement Date, submit
to NHA a Construction Performance Bond with a face amount equal to
five percent (5%) of the Construction Costs. The construction
Performance Bond shall answer for, and guarantee the completion of, the
Works in accordance with this Agreement. The Construction Performance
Bond shall be valid for the whole duration of the Construction Phase. The
Construction Performance Bond shall secure all the Concessionaire‟s
obligations, liabilities, payment Construction Phase, including the integrity
and quality of the concessionaire‟s and its Contractors.
Audit noted that a concession agreement for overlay and
modernization of M-2 (Motorway) was executed between NHA and M/s
Motorway Operations and Rehabilitation Engineering Company (Private)
limited (MORE) on 23
rd
April, 2014 for Rs 36,825 million.
Audit observed that the National Highway Authority could not
obtain Construction Performance Bond of an amount of Rs 1,831.75
million with a face amount equal to five percent (5%) of the Construction
Costs. The work had been started but after lapse of 03 years, the
252
concessioner did not provide Construction Performance Bond to NHA.
The work of overlay and modernization on M-2 claims to be completed by
the Concessionaire since July, 2016 but neither joint inspection was
carried out nor substantial completion certificate along with punch list
indicating defects was issued to the Concessionaire. This resulted into
non-provision of Construction Performance Bond for Rs 1,831.75 million.
Audit was of the view that non-provision of performance bond was
due to weak internal controls.
Audit pointed out the issue in August 2017. The Authority replied
that the concessionaire had already been requested for provision of
performance bond guarantee. However, requisite response was still
awaited from the concessionaire. The reply was not tenable as non-
furnishing of construction performance bond by the concessionaire was
violation of the concession agreement. The concessionaire saved inbuilt
cost of the bond.
The matter was discussed in the DAC meeting held in December,
2017, wherein, the DAC directed NHA to obtain the required performance
guarantee and get it verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
besides action against the responsible(s) for failure to obtain the
Performance Bond timely.
(DP. 104)
4.4.32 Non-recovery due to non-rectification/repair of defective road
work - Rs 1,631.519 million
National Highway Authority awarded the construction work of the
project Widening and Strengthening N-70 Section-B (Khajuri-Bewata) to
M/s NLC at an agreed revised cost of Rs 1,631.519 million with date of
253
commencement as 10
th
June, 2002 with completion period of 24 months
up to 09
th
June, 2004.
Audit noted that the contractor substantially completed the road
work in some sections but failed to handover the completed work after
joint inspection. The contractor produced poor quality of work for
Asphaltic wearing course and subsequent overlay, which failed soon after
opening to the traffic.
Audit observed that a meeting of Chairman NHA with Director
General, NLC was held regarding rectification and taking over of
Khajuri-Bewata Road Section-B N-70 where following decisions were
made: -
All balance works, punch list items and rectification shall be
completed within four months.
Damaged overlay layer of 6 cm shall be replaced to the
satisfaction of the Engineer. Deduction against the same shall
be made by NHA from already released payments.
Recovery against less thickness of Water Bound Macadam
(WBM) Asphaltic Concrete Wearing Course (ACWC) and
dressed stone masonry etc. will be subject to routine
inspection upon rectification of works. Mobilization of M/s.
NLC for rectification work with effect from 15
th
June, 2014
for whole reach of 68.33 Km. where defective work of water
bound macadam, lesser thickness of Asphaltic Wearing
Course and Rutting Work, Cracks in Asphaltic Concrete
wearing course was agreed.
Inefficient monitoring & supervision during execution of work and
loose technical control resulted in non-recovery of Rs 1,631.519 million
on account of defective and below specification work.
Audit was of the view that the violation occurred due to inadequate
oversight mechanism for exercise of relevant internal / technical controls.
254
Audit pointed out the issue in September, 2014 the Authority did
not furnish reply.
The matter was discussed in DAC meeting held in November 2014
wherein the NHA explained that M/s NLC is now mobilized at site and the
works of removal of defects were in progress. DAC directed NHA to get
the defective works rectified and get the relevant record verified from
Audit.
Compliance to the DAC‟s directive was not made despite lapse of
more than three years.
Audit recommends early compliance to the DAC‟s directive
regarding rectification of defects.
(DP 154&155/2014-15)
4.4.33 Unauthorized/Irregular payment of claims through Variation
Orders - Rs 1,371.328 million
According to Para 101 of NHA Code (Volume-I) when it is found
that a variation/change or order or amendment is necessitated owing to a
defect in design, estimates or drawing etc., the engineer concerned/
consultant who prepared the design, estimates or the drawing shall be
called upon to explain reasons for preparation of a defective design.
Issuance of variation orders in such a situation shall require reasons to be
recorded clearly in writing. Necessary procedure specifying the action to
be taken in different cases of this nature shall be issued by the
Member/DG (Admin) in consultation with Member (Planning)/Member
(Operations)/ (Construction) and Para 104 of NHA Code 2005 (Volume-I)
issuance of all variation orders/amendments shall require financial
concurrence before submission of the proposal to the Chairman NHA /
Member (Ops) / (Const.) or GM (Region) / (Project) respectively for final
approval.
255
Audit noted that National Highway Authority (Khuzdar-
Shahdadkot Section-IV, Package-III) paid a sum of Rs 1,371.328 million
on account of various claims through Variation Orders No. 1 to 3.
Audit observed that the payment of Variation Orders was made
without fulfillment of codal formalities and reconciliation of Dispute
Review Expert (DRE) and financial concurrence of Finance Wing, NHA.
Hasty action was taken by the NHA management without getting rate
analysis and explanation from the Design Consultant for frequent changes
in design. Re-rating through post tender changes was also made without
approval of Government of Pakistan, through controlling Ministry and
offered and accepted rebate @ 17% was also not deducted on varied
quantities. This resulted into irregular expenditure of Rs 1,371.328 million
without proper scrutiny and analyzing rates of varied items.
Audit was of the view that unauthorized payment was due to weak
internal controls.
Audit pointed out the issue in September 2014. The authority
replied that all Variation Orders were approved by the competent authority
as per delegation of powers.
The reply was not tenable as Variation orders 1-3 were approved
for Rs 1,371.328 million without fulfillment of codal formalities i.e.
consultation with Dispute Review Expert and concurrence of Finance
Wing NHA. Rate analysis of all varied items were not got approved and
produced to audit. In absence of approved rate analysis of varied items and
re-rating of agreed item without approval of Finance Division,
Government of Pakistan, expenditure was irregular and un-authorized.
The matter was discussed in the DAC meeting held in December
2014 wherein the DAC directed NHA to get the approved Variation Order
verified from Audit.
Compliance to the DAC‟s directive was not made despite lapse of
a period of three years.
256
Audit recommends early compliance to the DAC‟s directive.
(DP 322/2014-15)
4.4.34 Unauthorized payment of escalation due to change in Factor-C
through Post bid change - Rs 1,338.369 million
Part-1 Para B-4 First Edition March, 2009 Source of Price
Standard Procedure and Formula for Price Adjustment of PEC provides
that the prices of elements subject to Price Adjustment shall be to the
extent possible as given in the Statistical Bulletins published by Federal
Bureau of Statistics (FBS), Statistical Division Government of Pakistan.
Statutory notifications and official price from public sector organizations,
where available, may be used at the option of the Employer. The source
for prices of High Speed Diesel (HSD) shall be either Statistical Bulletins
or Pakistan State Oil (PSO). However, for a particular adjustable element,
the same source should be used throughout the currency of contract as also
stipulated in the tender documents before issuing the tender documents.
As per appendix-C to contract agreement source for specified material was
local labour, cement, reinforcing steel, HSD and bitumen.
Audit noted during audit of Gawadar-Ratodero Road Project
(Khuzdar Shahdadkot Section-IV) that value to factor „C‟ was changed
after signing of contract agreement through post tender change. Change of
factor C subsequently was undue financial support to the contractor, at the
cost of the public exchequer.
Audit observed that Escalation as per Revised „C‟ factor was
allowed and paid for Rs 1,338.369 million, through post bid change
without specific authorization from the Finance Division, Government of
Pakistan. This resulted into unauthorized payment of price escalation of
Rs 1,338.369 million.
Audit was of the view that violation occurred due to inadequate
oversight mechanism for exercise of relevant internal controls.
257
Audit pointed out the issue in September 2014. The Authority
replied that it was true that escalation was to be paid in accordance with
basic formula provided in the contract and the basis of cost variations
should be the monthly statistical bulletins. It was being done in this case
also and same source was used to derive price variations as mentioned in
Appendix-C.
The reply was not tenable because scope and design of work was
changed and abnormally enhanced without revision of PC-I. As admitted
in reply that variation in quantities was made for Rs 2,374.973 million. In
earth work deviation was 344% above the approved PC-I. Liberal
variation without revision of PC-I were un-authorized, may be got
regularized from the competent forum i.e. Finance Division, Govt. of
Pakistan.
The matter was discussed in the DAC meeting held in December
2014 wherein the NHA explained that Factor-C was approved by the
Executive Board. DAC directed NHA to get verified the provision of
schedule from Audit.
Compliance to the DAC‟s directive was not made despite lapse of
three years.
Audit recommends early compliance to the DAC‟s directive.
(DP. 328/2014-15)
4.4.35 Overpayment due to non-deduction of de-escalation -
Rs 1,127.831 million
According to clause 70.1 of particular conditions of contract Part-
II, the amount payable to the contractor shall be adjusted in respect of the
rise or fall in the cost of specified materials.
As per contract clause 13.8, the amount payable to the contractor
shall be adjusted for rise or fall in the cost of labour, goods and other
258
inputs to the works by the addition or deduction of the amounts
determined by the formulae.
Audit noted that during the years 2015-16 and 2016-17 there was a
constant decrease in the prices of HSD and bitumen.
Audit observed that neither the Authority processed the de-
escalation on account of rise or fall in prices nor the contractor claimed
any escalation/de-escalation. Audit worked out the de-escalation on
account of HSD bitumen and other decreased rate items and found that an
overpayment was made to the contractors in nine (09) projects as detailed
below:
(Rs in million)
S
No.
DP.
No
Name of Project
Amount
1
96
Construction of Takhtbhai Flyover at
Takhtbhai (N-45)
5.227
2
203
Up-gradation, Widening & Improvement of
Qila Saifullah-Loralai-Waigum Rud Section of
NHA N-70
224.374
3
244
Up-gradation, Widening & Improvement of
Zhob-Mughalkot Section of N-50
610.490
4
336
Rakhi-Gaj-Bewata Project, JICA PKP-57
18.933
5
342
New Islamabad International Airport Access
Road NHA, Islamabad
216.540
6
362
Construction of Syedwala bridge over River
Ravi
3.881
7
380
Construction of river training and protection
works of Shaheed Benazir Bhutto bridge
Chachran Sharif Kot Mithan (Package-IV)
34.720
8
384
Construction of river training and protection
works of Shaheed Benazir Bhutto bridge
Chachran Sharif Kot Mithan (Package-I)
7.048
9
393
Construction of six (06) lane highway from
Double Phattak to Chowk Nag Shah Multan
6.618
Total
1,127.831
259
Audit was of the view that overpayment was due to weak internal
controls.
Audit pointed out the overpayment during August-October 2017.
The Authority admitted the overpayment, however, recovery was not
intimated in any case.
The matter was discussed in the DAC meeting held in December
2017 and January 2018, wherein, the DAC directed for recovery within
one month. Instructions will be issued by Ministry that de-escalation
claims will be processed in timely manner.
In case of DP. 342, NHA explained that a sum of Rs 30.0 million
has been recovered from M/s NLC. DAC directed NHA to get the
recovery verified. In case of M/s Habib Construction, NHA explained that
escalation clause was deleted during tendering proceedings keeping in
view the period less than six months. However, due to land possession
issue, work could not be completed and extension was granted to the
contractor. Audit contended that since extension was granted, having
financial impact, therefore, clause should have been reintroduced to
safeguard the public interest. DAC directed NHA to get the justification,
progress report and rejected tenders verified from Audit within 20 days.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
regarding recovery of de-escalation.
(DP. 96,203,244,336,342,362,380,384,393)
260
4.4.36 Loss to Government due to payment of work in dollars and
fixation of exchange rate through addendum - US$ 10.675
million
As per condition 14.15 (Currencies of Payment) Section-4,
Preamble to Conditions of Contract, payment shall be made in Pak
Rupees.
The revised condition 14.15 through Addendum-2 provides that
payment to the contractor for loan portion shall be made as per applicable
rules of China EXIM Bank while payment for GOP component shall be
made in Pak Rupees. The rate of exchange for foreign currency shall be
TT&OD Selling Rates published or authorized by the State Bank of
Pakistan prevailing 28 days prior to the period for which payment is due.
As per Para 12.1 & 12.2 of Instructions to Bidders, the prices shall
be quoted by the bidder entirely in Pak Rupees. A bidder expecting to
incur expenditures in other currencies for inputs to the Works supplied
from outside the Employer‟s country shall indicate the same in Schedule-
M to bid. The proportion of the bid price (excluding provisional sums)
needed by the bidder for the payment of such foreign currency
requirement, shall indicate the respective portion in his bid. The rate of
exchange to be used by the bidder for currency exchange shall be the
TT&OD Selling Rates published or authorized by the State Bank of
Pakistan prevailing on the 28 days prior to the deadline for submission of
bids.
As per para B-1(iii) of Standard Procedure and formula for price
adjustment, Fixed portion shall never be less than 35 percent and the
adjustable portion shall never be more than 65 percent of the Engineer‟s
Estimate.
Audit noted that National Highway Authority awarded a contract
for construction of Peshawar Karachi Motorway Section-II Multan-Sukkur
section (392 KM) CPEC to M/s China State Construction Engineering
Corporation Limited on Engineering Procurement Construction
261
(EPC)/Turnkey basis for an agreement cost of Rs 294,352.00 million equal
to US$ 2,889,798,643 with exchange rate of Rs. 101.859 per US$.
Audit observed that the condition regarding Currencies of Payment
was again revised through Addendum-4 and rate of exchange for foreign
currency was fixed as TT&OD Selling rate prevailing 28 days prior to the
bid submission date instead of 28 days prior to the period for which
payment is due. By doing this addendum the Government suffered a loss
of US$ 10.675 million (exchange difference), because the payment was
made in US$ and by fixing the exchange rate 28 days prior to bid
submission which was Rs 101.859 per US$, whereas, dollar rate was
increased during payment of IPCs.
Audit further observed that the Instructions to Bidders 12.1 & 12.2
were related to only those components/goods which were to be supplied
outside to Employer‟s Country against which the bidder was required to
provide a percentage for foreign currency exchange requirement (the
standard
maximum limit of FC Component is 20%
), whereas, the
contractor has quoted 100% requirement of foreign exchange for all the
material and services which was to be supplied locally or through outside
Employer‟s country.
All the above noted facts clearly provides that due to fixation of
exchange rates 100% through addendum the government has suffered a
loss of US$ 10.675 million. Audit recommends that the matter may be
investigated at higher level and action may be taken against the
responsible(s).
Audit pointed out the issue during August and September 2017.
The Authority did not reply.
The matter could not be discussed in the DAC meeting despite
request by Audit.
Audit recommends investigation and fixation of responsibility.
(AIR-07, Multan-Sukkur)
262
4.4.37 Grant of additional Mobilization Advance through post-bid
amendment - Rs 695.151 million
The Standard Contract Agreement does not provide any scope for
change in the conditions of the contract. Clause 51.1 provides scope for
variations in quantities only.
Audit noted that National Highway Authority (Gawadar-Ratodero
Road Project Khuzdar-Shahdakot Road Section-IV, Package-III) allowed
and paid additional Mobilization Advance Rs 695.151 million through
post bid amendment paid from Escrow Account.
Audit observed that the additional mobilization advance was
allowed through variation order No.03 which was undue financial aid,
beyond the contract provisions. The increase in the amount of advance
was contrary to the public interest and stressed the ways and means
position of the Authority. This resulted in undue financial aid of
Rs 695.151 million to the contractor through post-bid amendment.
Audit was of the view that violation occurred due to weak
oversight mechanism for exercising the internal controls.
Audit pointed out the issue in September 2014. The Authority
replied that the contractor has stopped the works at site because all his
financial resources exhausted coupled with prevailing bad law and order
situation. A committee was formed by the chairman NHA who
recommended additional advance @ 15% on balance works subject to the
provision of all amount Bank guarantee as per SOP.
As admitted in reply that Additional Mobilization Advance was
paid to the contractor only to give financial help to the contractor as the
contractor was in financial crises. Additional Mobilization Advance was
paid to the contractor at the cost of public exchequer, recovery of the same
was to be made along with interest at KIBOR rate.
263
The matter was discussed in the DAC meeting held in December
2014 wherein the DAC deferred the para for justification and verification.
Compliance to the DAC‟s directive was not made despite lapse of
a period of three years.
Audit recommends early compliance to the DAC‟s directive
besides action against the responsible(s) for providing undue financial
benefit to the contractor.
(DP 326/2014-15)
4.4.38 Borrow areas within 250 meters of right of way in violation of
contract provisions - Rs 631.300 million
As per clause 4.18 of Particular Conditions of contract agreement
for the project Hassanabdal-Havelian Expressway (E-35) 59.1 KM
Package-I Burhan to Jarikas (KM 00+000 to KM 20 + 400) awarded to
M/s China Gezhouba Group Company Limited-M/s Ghulam Rasool &
Company (Pvt) Ltd. (JV) no Borrow areas shall be located within 500
meter from the Right of Way (ROW).
Audit noted that in the above work item of formation of
embankment from outside borrow pits was executed and paid to the
contractor upto IPC 21 with the quantity of 2,176,281 Cu.m for
Rs 631.300 million.
Audit observed that an Inspection Team of NHA Headquarters
visited site of the project in November 2015 and commented that borrow
areas were within 100 meters to 250 meters of Right of Way and were also
not refilled after taking earth.
Audit was of the view that taking earth from borrow pits within
250 meters of right of way was a clear violation of contract provisions and
a threat to high embankment of expressway.
264
Audit pointed out the issue in August 2017. The Authority replied
that General Specifications clause-105.3, Para-6 stipulates that borrow fill
would be located so that nearest edge of the pit is at least thirty (30)
meters from roadway toe of slope unless otherwise directed by The
Engineer. The same specification had never been violated.
The reply was not accepted because as per contract agreement
Environmental Management Plan for excavation of earth, borrow pits
must be 500 meter away from the right of way (ROW) which was violated
besides, rate of earth work was not reduced due to less haulage involved
than as provided in the contract.
The matter was discussed in the DAC meeting held in November
2017, wherein, DAC directed to follow the contract provision and assess
the financial impact of extra lead. Outcome be shared with Audit and
NOC be also obtained.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
besides recovery on account of extra lead.
(DP. 54)
4.4.39 Unjustified expenditure on closed projects - Rs 606.56 million
Chapter 11 item 45 of project guidelines issued by the planning
commission, except for defect liability or maintenance by the supplier
or contractor, as specified in the conditions of contract, performance of
the contract shall be deemed close on the issue of over-all delivery
certificate or taking over certificate which shall be issued within thirty
days of final taking over of goods or receiving the deliverables or
completion of works enabling the supplier or contractor to submit final
bill and the auditors to do substantial audit. In case of defect liability or
maintenance period, defect liability certificate shall be issued within
thirty days of the expiry of the said period enabling the supplier or
contractor to submit the final bill. Except for unsettled claims, which
265
shall be resolved through arbitration, the bill shall be paid within the
time given in the conditions of contract, which shall not exceed sixty
days to close the contract for final audit.
Audit noted that General Manager Construction (Punjab-South),
NHA, Multan intimated to Audit that three Projects i.e. Shershah
Bridge, Bridge over River Chenab and Taranda Muhammad Pannah-
Bahawalpur Section-I&II were finally closed and handed over to the
Maintenance Units, and no Expenditure was booked during 2013-14 by
this office.
Audit observed that despite of above undertaking an amount of
Rs 606.56 million was charged to that Project up to June, 2014 as per
Trail Balance provided by the GOP section Headquarters NHA
Islamabad. Audit was of the view that since the Project was handed
over to the Maintenance Unit of, NHA (Punjab-South Region), so the
expenditure booked in the same period by the construction unit is
seemed to be unjustified. Due to likely duplication of work activities,
chances of misuse of PSDP funds cannot be overruled, and put the
NHA into the loss of Rs 606.56 million.
Audit was of the view that irregularity occurred due to lack of
oversight mechanism for implementation of internal controls.
The matter was discussed in the DAC meeting held in December
2014 wherein the DAC directed NHA to get the record relating to
establishment expenditure verified from Audit.
Compliance to the DAC‟s directive was not made despite lapse of
a period of three years.
Audit recommends early compliance to the DAC‟s directive.
(DP 316/2014-15)
266
4.4.40 Overpayment due to higher rates of earthworks - Rs 581.292
million
Construction of Hassanabdal-Havelian Expressway (E-35) 59.1
KM Package III (km 39+611 to 58+711” was awarded to M/s LIMAK-
ZKB (JV) on 12
th
October 2015.
Audit noted that the contractor quoted unbalanced rates against
many items including earthworks as evident from Bid Evaluation Report
and acceptance letter for the above work. Audit further noted that as per
contract agreement 3,351,536 Cubic meter earth was to be obtained from
excavation for utilization in formation of embankment and rates of
formation of embankment from earth obtained from roadway excavation
were much lower than the estimated rates as shown in the table below:-
S No
Item of work
Quantity as
per Engineer
Estimate
/Agreement
Rate as
per
Engineer
Estimate
Contract
Rate
1
Formation of embankment from
Roadway Excavation in Common
Material
2,231,438
399.41
180
2
Formation of embankment from
Roadway Excavation in Hard Rock
343,876
1,145.59
300
3
Formation of embankment from
Roadway Excavation in Medium
Rock
776,222
1,031.42
300
Total
3,351,536
4
Formation of embankment from
Borrow Excavation in Common
Material
914,793
433.38
1,000
Audit observed that during execution of work the width of road
was enhanced from 04 lane to six lane. But instead increase in cut
quantities, the quantity of roadway excavation (against which contractor
had quoted lesser rates as compared with estimated rates) was decreased
from 3,351,536 to 2,642,643 (i.e. 708,893 Cubic meter less). On the other
hand item of formation of embankment from outside borrow areas (which
carried rate of Rs 1,000 per cubic meter against estimated rate of
267
Rs 433.38 per cubic meter) was utilized/paid for a quantity of 914,793
Cu.m @ Rs 1,000 per Cu.m and 41,729.811 Cu.m @ Rs 433.38 per Cu.m.
Audit was of the view that non-utilization of available earth which
was to be paid at the rate of Rs 180 per Cu.m and payment under the item
of formation of embankment @ Rs 1,000 per Cu.m resulted in
overpayment due to higher rates of Rs 581.292 million.
Audit pointed out the overpayment in August 2017. The Authority
replied that quantity of cut decreased due to reasons that the length of
project was decreased by Kms from -0+925 to 0+000. This stretch was
over-lapping in Package-II and Package-III. Now this stretch is part of
Package-II, and from Km 17+500 to 19+100, this portion was also over-
lapping in Package-III and CPEC (Havelian-Thakot Section), now this
stretch is part of CPEC. Almost 470,500 cu.m quantity of cut was
involved in these stretches.
The reply was not accepted because the length of road neither
included in Package II nor in Havelian -Thakot EPC Contract as observed
during audit of these projects. The quantity of cutting had been recorded
on lesser side to favour the contractor.
The matter was discussed in the DAC meeting held in November
2017, wherein, NHA explained that length was reduced by 3 km (from 20
km to 17 km) which was complete cut area. This resulted in reduction in
roadway excavation. Actual rate was paid for Rs 433.38 per Cu.m instead
of Rs 1,000 per Cu.m. DAC directed NHA to get the facts verified from
Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
besides recovery of overpaid amount.
(DP. 42)
268
4.4.41 Loss due to arriving at reserve price of lesser amounts by the
NTRC without taking actual price escalation based on effective
traffic counting on toll plazas - Rs 501.70 million
Para-12-b Chapter Eleven of NHA Code Vol-I provides that Toll
shall be collected through an O&M contractor procured under PPRA/
RMA Rules as a service contract or as a maximum guaranteed bid.
Audit noted that National Highway Authority opened bids of 61
Manual Toll Plazas for the year 2016-2017 whose tenure was expiring on
30
th
June, 2016.
Audit observed that reserve price for the year 2016-17 was arrived
at by the NTRC by adding 5% price on the rates offered/accepted for the
toll plazas for the financial year 2015-16. Audit further observed that
Reserved price was estimated by the NTRC without following the traffic
counting on each toll plazas and considering the traffic flow/increase and
price indexation/ escalation per annum accepted by the NHA. In the
estimates of civil works and price scheduling 10% escalation per annum
was taken by the authority, but for revenue collection was arrived at by
simple addition of 5%, which was not found authentic. This resulted into
loss of Rs 501.70 million.
Audit pointed out the loss in September 2017. The Authority
replied that Ministry of Communications, Government of Pakistan had
authorized National Transport Research Centre (NTRC) an independent
organization as third party, to determine the reserve price. Accordingly,
NTRC provided the reserve price to NHA. However, it is apprised that
NHA got 24% rise on 35 toll plazas and 10% rise on 21 toll plazas through
open competitive bidding process for financial year 2016-17 against last
year revenue of FY 2015-16 which comes to Rs 1,886.384 million. The
reply was not to the point. As pointed out in the audit observation that
NTRC calculated reserve prices on lesser side without following and
adopting cost accounting analysis, rather increase @ 5% was added in the
previous year revenues, which was not a scientific way.
269
The matter was discussed in the DAC meeting held in January,
2018. DAC observed that the objective of the Committee constituted in
2012 was to exercise an oversight in the process of toll contracts and
NTRC was responsible to provide a base price. DAC directed NHA to
submit revised reply along with analysis of last five years within 15 days.
Further awards of such contracts may be ensured through the committee
constituted as an oversight mechanism.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends appropriate corrective measures.
(DP. 276)
4.4.42 Non-recovery of rental charges from licensee - Rs 442.958
million
As per Rule 3(2) of NHA Road Maintenance Account Rules, 2003,
all revenues from road users accruing to the NHA, from the tolls on roads
and bridges, net of collection costs, shall be expeditiously transferred into
the Roads Maintenance Account.
Audit noted that M/s Wateen Telecom to whom contract was
awarded for laying of optical fiber cable from Alpuri-Besham Km 0+000
+ km 33+267 (N-90). Case for issuance of 06 licenses/NOCs was initiated
and recommended for approval by the Project Director ADB Project
Alpuri-Besham on 18
th
April, 2016 which was finally approved by the
Chairman NHA on 21
st
November, 2016.
Audit observed that an amount of Rs 442.958 million was
outstanding and receivable from M/s Wateen Telecom uptill November,
2016 including outstanding rental Rs 387.645 million for the year 2015-16
as on April 2016. The receivable rent was to be received as per agreed
schedule. Huge outstanding amount for the previous financial years has
shown that proper efforts to realize the outstanding rent were not made by
the revenue authorities, NHA. Non-observance to the rules caused non-
270
receipt of revenue from the defaulted company amounting to Rs 442.958
million.
Audit pointed out the non-recovery in September 2017. The
Authority replied that an amount of Rs 271.238 and Rs 103.722 million
have been recovered by NHA during September 2015 to November 2017.
Balance amount of Rs 237.636 million would also be recovered by next
financial year. The recovered amount could not be verified.
The matter was discussed in DAC meeting held in January 2018.
NHA explained that arrears were being recovered at monthly installment
of Rs 10.0 million in addition to regular recovery of Rs 8.0 million per
month. Audit stressed that printed computerised bills be issued and
amount be recognized as receivables in the books of accounts, as already
decided in DAC meeting held on 31
st
October, 2017 while discussing
Audit Report for the year 2015-16. NHA informed that financial
management information system is under process of application in
compliance to DAC‟s directive. DAC directed NHA to implement the
previous directives and get the facts verified from Audit.
Audit recommends complete recovery, verification of recovered
amount from Audit and implementation of DAC‟s directive regarding
issuance of computerized printed bills and accounting of receivables.
(DP. 285)
4.4.43 Non-recovery of cost of stone obtained from hard rock
excavation - Rs 388.239 million
Item 106.2 and 106.3.1 of NHA General Specification provides
that all suitable material excavated within the limits and scope of the
project shall be used in the most effective manner for the formation of the
embankment for widening of roadway for backfill or for other work
included in the contract. The cost of excavation of material which is used
anywhere in the project shall be deemed to be included in the pay item
relating to the part of the work where the material is used.
271
Audit noted during scrutiny of last running bills paid against all
four packages of the project Alpuri-Besham that item of excavation hard
rock material was got executed and paid to the contractors.
Audit observed that the stone obtained from excavation was
neither accounted for nor its cost recovered from the contractor. This
resulted in non-recovery of cost of stone obtained from excavation for
Rs 388.239 million.
Audit was of the view that non-recovery was due to weak internal
controls.
Audit pointed out the matter in March 2017. The Authority did not
reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, NHA explained that partial recovery has been made and
remaining recovery would be made in final bill. The DAC directed NHA
to make due remaining recovery in final bill to be processed within 2
months and get it verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
towards recovery of remaining amount.
(DP. 86)
4.4.44 Extra expenditure due to unjustified revision of rates -
Rs 350.01 million
According to Condition No. 12.3 of General Conditions of
Contract, for each item of work, the appropriate rate or price for the item
shall be the rate or price specified for such item in the contract or, if there
is no such item specified for similar work. However, a new rate or price
shall be appropriate for an item of work if the measured quantity of the
272
item is changed by more than 25% from the quantity of this item in the
Bill of Quantities (BOQ) and in excess of 0.25% of the accepted contract
amount.
Audit noted that National Highway Authority awarded the work
“Construction of Hassanabdal-Havelian Expressway (E-35)Package-I to
M/s China Gezhouba Group Company Limited-M/s Ghulam Rasool &
Company (Pvt) Ltd (JV) and Package-II to and M/s China Gezhouba
Group Company Limited-M/s AM Associates (Pvt) Ltd. (JV) with four
lane scope of work in December 2015.
Audit further noted that during execution of work it was decided to
convert 04 lane expressway to 06 lane. Due to material change in scope of
work, the contract amount was enhanced as under:-
(Rs in million)
Package/Contractor
Four lane Contract
Amount
Six lane Contract
Amount
Package-I
7,376.97
9,394.25
Package-II
6,776.23
9,311.59
Audit observed that during enhancement of scope of work
negotiations of rates were not made with the contractor. Resultantly,
during execution (due to enhanced scope of work) rates of different items
were re-rated and cost per unit was increased despite of the fact that input
costs of material were decreased after award of work. Moreover, despite
award of additional work without open advertisement NHA was not able
to save such additional costs by negotiating with contractors. Audit further
observed that de-escalation was also not recovered on new rates. This
resulted in extra expenditure of Rs 350.01 million.
Audit was of the view that unjustified extra expenditure was due to
weak contract management and inadequate oversight mechanism for
enforcing relevant rules and regulations.
273
Audit pointed out the irregularity in August 2017. The Authority
replied that new rates of 3 items were derived from BOQ quoted rates. It
was a fact that cost of diesel decreased after award of work. But owning
cost (Rent) of machineries increased from 14.29% to 94.44%. These
factors were considered in derivation of new rates which resulted in the
increase of item rates. De-escalation was not recovered on new rates
because as per sub-clause 13.8 no adjustment is to be applied to work
valued on the basis of cost or current price.”
The reply was not accepted because during execution of work to
convert 04 lane expressway to 06 lane material change in scope of work
was made and extra amount of work was awarded to the contractors
without open bidding. At the time of enhancement of scope of work,
financial interest of the Authority was not kept in view and the contractors
were not asked to negotiate on the agenda of rates due to enhancement in
scope of work. Rates were revised to favour the contractor.
The matter was discussed in the DAC meeting held in November,
2017, wherein, DAC directed to get the rate analysis and justification for
three items verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
besides investigation and fixation of responsibility for unjustified revision
of rates.
(DP. 51)
4.4.45 Overpayment due to incorrect payment of Foreign Exchange
difference - Rs 342.675 million
As per Instructions to Bidder-12 of the tender documents, the price
shall be quoted by the bidder entirely in Pak Rupee. A bidder expecting to
incur expenditure in other currencies for input to the works supplied from
outside the employer‟s (Referred to as “Foreign Currency Requirements”)
274
shall indicate the same in Schedule M to Bid. The rate of exchange to be
used by the bidder for currency conversion shall be the selling rate
published or authorized by State Bank of Pakistan prevailing on the 28
days prior to the deadline for submission of bids.
As per preamble to Schedule of prices 3.8 Schedule M is to cover
any variation in exchange rate (to be paid in local currency). As per
bidding documents and addendum 01 to 05 for the project, Schedule-M
was to be filled by the bidder for foreign currency requirement against
input of material and labour.
Audit noted that the EPC contract “Construction of Thakot-
Havelian (120 Km)” was awarded to M/s China Communication
Construction Company on 22
nd
December, 2015 for Rs 133.980 billion.
Audit further noted that during bidding the contractor filled the
Schedule-M as Nil/NA which means that no foreign exchange difference
was to be paid to the contractor.
Audit observed that the contractor was being paid Foreign
Exchange difference against 90% of total payments in violation of tender
documents and contract provisions. This resulted in overpayment of
Rs 342.675 million to the contractor.
Audit was of the view that award of contract with 90% foreign
exchange was against the tender documents provisions and resultant
overpayment was due to weak oversight mechanism for exercising internal
financial controls.
Audit pointed out the issue in September 2017. The Authority
replied that as per addendum-4, the Schedule-M to bid (Lump sum cost
breakup for major cost items) was replaced with the revised Schedule-M
which had no limits of the foreign exchange currency. Moreover, as per
clause 14.15 “Currency of payment”, attached with addendum No. 4 that
the “Payment to the contractor for foreign loan portion shall be made as
per the terms and conditions of the contract agreement. Furthermore, the
bidder clearly wrote in the Letter of Price Bid that the payment of FC
275
component requirement is 90%. Therefore, the bidder mentioned “N.A”
(Not Applicable) in Schedule-M Foreign Currency Requirement.
The reply was not accepted because the admissibility of foreign
component with base rate 28 days prior to bid opening date was only
admissible against Schedule-M as per Instructions to Bidders clause 12.
As per preamble to Schedule of prices 3.8 Schedule M was to cover any
variation in exchange rate (to be paid in local currency). Against schedule-
M the bidder was required to quote percentage of Foreign Currency
required for purchase of machinery, equipment and labour. The successful
bidder quoted Nil FC requirement in Schedule- M. Abbreviation of NA in
Schedule M has been taken by NHA as Not Applicable whereas it can
also be Not Any/Nil. FC Component as quoted by the contractor was
regarding currency of payment and as till the time of tendering loan
portion was 90% as clarified by NHA in pre-bid meeting, therefore, the
contractor quoted 90% FC which covered only portion payable in FC and
not for payment of exchange rate of FC.
The matter was discussed in the DAC meeting held in December
2017, wherein, Audit contended that extra financial burden was borne by
NHA by allowing foreign currency exchange difference. After detailed
discussion, DAC decided to refer the matter to PAC for deliberation and
decision.
Audit recommends that overpaid amount be recovered from the
contractor.
(DP. 255)
4.4.46 Unjustified application of current and base rates for steel
resulting in less recovery of de-escalation calculations -
Rs 331.661 million
As per Table of Adjustment data in Appendix-C provision for price
adjustment against steel was as under:
276
Description
Source of Index
Unit
Value of
Factor
“C”
M. Steel Billet
100*100 mm(Grade 60)
Pakistan Steel Mills
Karachi
Metric
Ton
0.160
Audit noted that as per minutes of pre-bid meeting held on 29
th
April, 2014 for the project “Construction of Hassanabdal-Havelian Section
of E-35”, the question and reply regarding price adjustment on steel was
as under:-
S. No
Question
Reply
80
Pakistan Steel Mill is not
producing steel, please
mention another source
Regarding escalation on steel
comparison of basic & current
rates of steel 100*100 mm
blooms of Pakistan Steel Mills
shall be followed.
Audit observed that although NHA agreed to take basic and current
rates of blooms of Pakistan Steel Mills in the said pre-bid meeting,
Appendix-C was not amended accordingly and price adjustment against
steel was calculated on the basis of rates of steel billets of Pakistan steel
instead of Blooms rates in all three packages of E-35. Audit recalculated
price adjustment on the basis of rates of bloom instead of billets as
decided in pre-bid meeting and it was noticed that as a result de-escalation
for an amount of Rs 331.661 million was calculated and recovered on
lesser side. This resulted into less recovery of de-escalation of Rs 331.661
million.
Audit was of the view that non-implementation of decisions of pre-
bid meeting was due to poor contract management on the part of NHA.
Audit pointed out less recovery in August 2017. The Authority
replied that billets and bloom are generally the same and the only
difference is that of their X-sectional areas. Billet had a cross section area
less than 36 Sq. inches and bloom must have X-sectional area greater than
277
36 Sq. inches and 100mm x 100mm X-Section Area is equal to 16 Sq.
inches which is less than 36 Sq. inches. So 100mm x 100mm was billet and
it cannot be considered as bloom, and the same 100x100mm billet was also
shown in Table of Adjustment Data (FIA).
The reply was not accepted because the basic and current rates of
Blooms of Pakistan steel were not taken as decided in pre-bid and de-
escalation was calculated on the basic and current rates of Billets which
caused less recovery of de-escalation amount.
The matter was discussed in the DAC meeting held in November
2017, wherein, NHA explained the cross section of 100x100 mentioned in
pre-bid meeting meant billet not bloom and the word bloom was a
typographical error. Further, the bidders had asked for changing of source
not for billet into bloom. The DAC directed NHA to conduct Fact Finding
Inquiry and submit report to Audit for verification.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 43)
4.4.47 Non-remittance of income tax in government treasury -
Rs 290.267 million
As per Income Tax Ordinance 2001, Chapter-IV, Common Rules,
Part-I (General) Para 71 (1) & (2) regarding currency conversion provides
that:
i) Every amount taken into account under this Ordinance shall
be in Rupees.
ii) Where an amount is in a currency other than rupees, the
amount shall be converted to the Rupee at the State Bank of
Pakistan mid exchange rate applying between the foreign
currency and the Rupee on the date the amount is taken into
account for the purposes of this Ordinance.
278
Audit noted that NHA awarded a contract for construction of
Peshawar-Karachi Motorway Section-II Multan-Sukkur Section (392 KM)
CPEC to M/s China State Construction Engineering Corporation Limited
on Engineering Procurement Construction (EPC)/Turnkey basis for an
agreement cost of Rs 294,352.00 million. Audit further noted that as per
Acceptance letter the bid was accepted with the US$ Conversion rate
based on Telegraphic Transfer (TT) Selling rate as existing on Base Date.
(The foreign exchange rate: 1 US Dollar = 101.859 PKR).
Audit observed that the contractor of the project was paying the
income tax at the exchange rate of Rs 101.859 per US$ (which was for the
agreement) instead of current exchange rates at the time of payment as per
rules. The Authority deducted the difference of income tax from the
Interim Payment Certificates of the contractor amounting to Rs 290.267
million but the same was retained in NHA accounts instead of remitting to
the Government treasury. This resulted in non-deposit of income tax of
Rs 290.267 million.
Audit was of the view that non-deposit of tax was due to weak
internal controls.
Audit pointed out the issue during August-September 2017 but the
management did not reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, NHA explained that difference of income tax on the basis
of the contractual rate of US$ and current rate of US$ has been withheld
but not deposited into government treasury due to non-settlement of the
issue with the contractor. DAC pended the para till deposit of differential
amount of income tax.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 190)
279
4.4.48 Non-recovery of secured and escrow advance - Rs 280.885
million
According to Rule -10(i) and (ii) of GFR Vol-I regarding standards
of financial proprietary 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. The expenditure should not be prima facie more than the
occasion demands.
Audit noted that project section ICB-II and ICB-IV of Kalat-
Quetta-Chaman Road Project (N-25) assigned to M/s MAB/REX(JV) at
an agreed cost of Rs 1,073.986 million and Rs 1,461.213 million
respectively with date of start on 03
rd
May 2009 and to be completed by
31
st
December, 2011 (revised date).
Audit observed that secured advance of Rs 221.095 million and
escrow advance of Rs 59.790 million were outstanding against the
contractor as per record produced to audit. This resulted into non-recovery
of secured and escrow advance of Rs 280.885 million.
Audit pointed out non-recovery in November 2014 but the
management did not reply.
The matter could not be discussed in the DAC meeting despite
requests by Audit.
Audit recommends to recover the advances at the earliest.
(DP 283/2014-15)
4.4.49 Loss due to inclusion of cost of stone - Rs 248.299 million
Clause-13.2 of Contract Agreement (Instructions to Bidders)
provides that the bidder shall submit prices for all items of the Works
described in the Employer‟s requirements and submit rate analysis
280
providing details of materials, equipment hours and manpower
requirement for all BOQ items. Contractor was required to submit rate
analysis of the items / bid cost to the Employer / bid accepting authority
for evaluation of reasonability of rates offered by the Contractor / Bidder.
Audit noted that NHA awarded a work “Re-alignment of KKH at
Attaabad Barrier Lake, Hunza” and “Raikot to Khunjerab 335 KM” to M/s
China Road & Bridge Corporation (CRBC) on 26.07.2012 and November,
2006 on (EPC Contract) Turnkey basis without calling of tenders. Audit
further noted that the contractor submitted bid / Estimate alongwith rate
analysis of the items of Bill of Quantities to NHA.
Audit observed from the rate analysis of the BOQ item No. 501,
502, 503 and 504 of Bill No. 5 (Retaining wall, stone pitching, apron etc.)
that the contractor included cost of stone and carriage in the rates of
retaining walls and stone pitching whereas, stone obtained from the
excavation of hard rock was to be used for construction of retaining walls
and stone pitching etc. Audit further observed that NHA management
(Quantity Surveyor) while reviewing the rate analysis of retaining walls,
ignored the aspect of availability of huge quantity of stone from blasting in
the hard rock. The management failed to evaluate the rates in true
perspective and matter was not taken up with the Contractor. The works
were awarded without deletion of the cost of the stone and carriage.
Inclusion of cost of stone resulted into loss to Authority of Rs 248.299
million.
Audit was of the view that loss occurred due to non-adherence to
the provisions of Contract Agreement and ineffective implementation of
internal controls.
Audit pointed out the loss in August 2015. The Authority did not
reply.
The matter was discussed in the DAC meeting held in January
2016, wherein NHA clarified that it was an EPC contract wherein
provision of deduction of cost of stone is not provided. The contractor
281
executed the work and get payments per kilometer wise of the activity of
the item of work done at site. Audit informed that the aforesaid narration
was not reflected in the working paper. The DAC directed the
management to submit revised reply alongwith supporting record.
Compliance to the DAC‟s directive was not made despite lapse of
two years.
Audit recommends early compliance to the DAC‟s directive
besides action against the responsible(s) for loss.
(DP. 66 & 167/2015-16)
4.4.50 Overpayment due to enhancement of agreed rates through post
tender change - Rs 239.689 million
As per Engineer‟s Estimate, item No. 106b(i) Excavate unsuitable
rock material was provided for 160,000 Cu.m @ Rs 289 per Cu.m. The
same was put to tender which was agreed by the contractor at 17% rebate
for the work “Khuzdar Shahdadkot Section of Gwadar-Ratodero Road”.
Audit noted that approved quantity of hard rock against item
106b(i) for quantity of 160,000 Cu.m was abnormally enhanced to
1,505,436.49 Cu.m through Variation Order-2.
Audit observed that the rate of agreed item of hard rock was also
enhanced to Rs 418.02 per Cu.m through post tender change. Rate of an
agreed item was enhanced during the currency of agreement which
negated the process of competitive tendering. This resulted into
overpayment of Rs 239.689 million.
Audit was of the view that overpayment was due to weak
internal/financial controls.
Audit pointed out the overpayment in September 2014. The
Authority replied that Clause 52.2 CoC Part-II states that if the quantity of
any item exceeds by more than 30% of its original BOQ quantity and the
282
cost effect of the increased quantity exceeds by 2% of the contract
amount, then the rate of that item will be revised by the Engineer upon the
application of the Contractor. Reply was not tenable. As quantity of hard
rock provided in the BOQ for 160,000 Cu.m was exceeded to
1,505,436.90 Cu.m this negated the effective estimation. Re-rating during
the currency of agreement with higher rates 70% then agreed rate was un-
authorized for which approval of Finance Division, Government of
Pakistan was required.
The matter was discussed in the DAC meeting held in December
2014 wherein the DAC directed that due recovery be made and got
verified from Audit.
Compliance to the DAC‟s directive was not made despite lapse of
a period of three years.
Audit recommends early compliance to the DAC‟s directive
towards recovery of overpaid amount.
(DP 325/2014-15)
4.4.51 Loss of revenue due to award of contracts below reserved
prices - Rs 200.130 million
As per PPRA rule 33, the procuring agency may reject all bids or
proposals at any time prior to the acceptance of a bid or proposal. The
procuring agency shall upon request communicate to any supplier or
contractor who submitted a bid or proposal, the grounds for its rejection of
all bids or proposals, but is not required to justify those grounds.
Para-12-b Chapter-11 of NHA Code Vol-I provides that Toll shall
be collected through an O&M contractor procured under PPRA/RMA
Rules as a service contract or as a maximum guaranteed bid. Clause 13.1
subject to Clause 14, the Employer will award the contract to the bidder
whose bid has been determined to be substantially responsive to the
bidding documents and who has offered the highest evaluated Net
Guaranteed Revenue per year to the Employer.
283
4.4.51.1 Audit noted that NHA awarded eighteen (18) contracts for
manual operating and maintenance of toll plazas during 2015-16.
Audit observed that the toll plazas were awarded below the reserve
prices set out through help of data collected from NTRC (National
Transport Research Centre). Audit further observed that the Authority
neither rejected bids for re-bidding process nor took over the possession of
toll plazas during process of re-bidding to safe guard the interest of the
Authority and safe it from financial losses. This resulted into loss of
Rs 170.915 million.
Audit was of the view that loss occurred due to weak internal and
financial controls and mismanagement of NHA.
Audit pointed out loss in April 2017 but the management did not
reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, NHA explained that reserve price and bid price could not
be same. The bid value is true value which was arrived in competitive
bidding which was ensured. Resultantly, revenue had increased in the
recent years. The mechanism for intensive survey for determination of
proper reserved price was being reviewed. DAC directed NHA to
complete the process of streamlining the reserved price mechanism and
share the outcome with Audit. Detailed justification may also be provided
to Audit for accepting bids below the reserved price.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
besides action against the responsible(s) for loss.
(DP. 111)
284
4.4.51.2 Audit noted that NHA awarded two (02) contracts for manual
running of toll plazas at Moro and Saeedabad to the same contractor to
whom these were awarded in previous fiscal year 2014-15 with higher net
guaranteed revenue per year.
Audit observed that for fiscal year 2015-16 net guaranteed revenue
was assumed above than previous year rate or above the reserved prices
based on NTRC data. But the Executive Board neither considered the
reserve prices based on previous year rate nor based reserve prices based
on NTRC data while accepting the rates of bidder.
Audit further observed that as per Deputy Director (Revenue) letter
No.NHA/Fin/RR/01/12/119 dated June, 2015, a sum of Rs 440.627
million against installments were short against different manual toll plazas
even then the contractor participated in the bidding process and got
contract on below rates that was paying last year in violation of clause
14.3. The Authority did not reject the bids and awarded the work on lower
rates resulting into loss of revenue of Rs 29.215 million.
Audit was of the view that loss occurred due to weak internal
controls.
Audit pointed out the loss in April 2017. The Authority did not
reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, NHA explained that reserve price worked out by NTRC
was mere an estimation of projected revenue for next financial year which
does not take into account any factor such as traffic diversion, traffic mix,
political situations/dharna, contract period (8, 10 or 12 months), and law
and order situation, whereas the bidder had to cater for all these factors in
order to work out his net guaranteed bid. The Executive Board is vested by
NHA code to accept the bids which were 10% above or below the
estimate. As the bids under discussion were less than 5% of reserve price
and the same was also approved by NHEB. DAC directed that NHA
should adopt more scientific approach and proper computer generated
285
count/data for determination of proper reserve price. DAC directed NHA
to share efforts made by NHA to improve the system with Audit along
with supporting record and outcome.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 113)
4.4.52 Non-rationalization of cost of vehicles as per the current
market prices resulted in excess cost - Rs 156.865 million
As per Rule-4 of PPRA, procuring agencies, while engaging in
procurements, shall ensure that the procurements are conducted in a fair
and transparent manner, the object of procurement brings value for money
to the agency and the procurement process is efficient and economical.
Audit noted that NHA invited bids for construction of Peshawar
Karachi Motorway Section-II Multan-Sukkur Section (392 KM) with
estimated cost of Rs 240,158.390 million. Three Chinese firms
participated and M/s China State Construction Engineering Corporation
Limited submitted lowest bid of Rs 406,332.270 million. As the bid was
on higher side, negotiations were held with the bidder and after some
meetings the bidder submitted a rationalized bid amounting to
Rs 294,352.00 million and the same was accepted by the Authority and
work awarded accordingly. Audit further noted that the rationalized
bid/BOQ of the contractor was put in the PC-I and the ECNEC approved
the revised PC-I of the project accordingly in December 2015.
Audit observed that at the time of rationalization of bid, the rates
of vehicles quoted by the contractor were not objected by the management
nor any rationalization was made by the contractor. Audit compared the
rates of the vehicles provided in the agreement with the current market
rates and found that the quoted rates of the contractor were two to three
times more than the current market price of 2017, whereas, the said
286
agreement was signed in December 2015. This resulted in excessive cost
for vehicles amounting to Rs 156.865 million, as detailed below:
Vehicle
Rate
provided
(Rs)
Market rate
plus 25%
contractor
overhead/profit
(Rs)
Difference
(Rs)
Quantity
Amount
(Rs)
Toyota Fortuner
10,351,774
6,748,750
3,603,024
2
7,206,048
Toyota Double Cabin
6,625,136
4,561,250
2,063,886
28
57,788,808
Toyota Single Cabin
6,211,065
2,930,000
3,281,065
28
91,869,820
Total
156,864,676
Audit was of the view that non-rationalization of cost of vehicles
was due to weak internal controls.
Audit pointed out the issue during August-September 2017 but the
management did not reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, DAC observed that high rates were provided in the cost
estimate of the project as compared to prevailing market rates of vehicles.
DAC directed NHA to take up the matter with contractor for adjustment of
rates.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive and
rationalization of cost of vehicles.
(DP. 184)
4.4.53 Inadmissible payments of price escalation - Rs 156.156 million
According to Para A (2) of PEC‟s standard procedure & formula
for price adjustment, the price adjustment shall be applicable only for the
construction contracts having contract price exceeding financial limit of
PEC Contractors Registration Category C-5 as amended from time to
287
time. Contracts having value equal to or less than this limit will be
considered as fixed price contracts. Further, as per re-categorization of
financial limits, PCP requirements of PEC, financial limit of C-5 category
contractors was Rs 50.00 million.
Audit noted that NHA allowed and paid price escalation of
Rs 3.518 million on tree plantation contracts during the financial year
2016-17 with accumulative effect of Rs 156.156 million.
Audit observed that trees plantation did not fall under the category
of construction contracts and having value less than Rs 50 million in each
contract. This resulted into inadmissible payment of price escalation
amounting to Rs 156.156 million.
Audit pointed out the inadmissible payment in August 2017. The
Authority replied that escalation clause was incorporated in the tender
documents duly approved by the Member concerned. The reply was not
tenable because price adjustment/escalation was not admissible on tree
plantations contracts as tree plantation/afforestation works were not falling
in the category of civil works.
The matter could not be discussed in the DAC meeting despite best
efforts by Audit.
Audit recommends early recovery of inadmissible payment.
(DP. 231)
4.4.54 Overpayment of escalation through post bid amendment by
enhancing factor C - Rs 139.484 million
As per Appendix-C (Revised) of Bidding Documents, the
maximum adjustable limit of prices was required to be paid to contractor
@ 55%.
Audit noted during scrutiny of record of the General Manager,
National Highway Improvement Program (NHIP) Islamabad that a
288
contract was awarded to M/s Saad-Ullah Khan and Brothers against
contract No. C-03 on account of Rehabilitation works on National
Highway N-5, Moro-Ranipur (88.5 km) for Rs 1,110.200 million.
Audit observed that as per agreement Appendix-C, the variable
portion of Factor-C was upto 55%. The NHA enhanced the Factor-C
during execution of work and allowed 65% price variation. This resulted
in overpayment of Rs 139.484 million to the contractor up to 2014-15.
Audit pointed out the overpayment in September 2015. The
Authority did not reply.
The matter could not be discussed in the Departmental Accounts
Committee meeting despite best efforts by Audit.
Audit stresses for inquiry and action against the responsible(s).
(DP 427/2015-16)
4.4.55 Inadmissible provision of expenditure on Control &
Monitoring Office in the contract - Rs 134.159 million
As per Rule-4 of PPRA, procuring agencies, while engaging in
procurements, shall ensure that the procurements are conducted in a fair
and transparent manner, the object of procurement brings value for money
to the agency and the procurement process is efficient and economical.
Audit noted that NHA invited bids for construction of Peshawar
Karachi Motorway Section-II Multan-Sukkur Section (392 KM) with
estimated cost of Rs 240,158.390 million. Three Chinese firms
participated and M/s China State Construction Engineering Corporation
Limited submitted lowest bid of Rs 406,332.270 million. As the bid was
on higher side, negotiations were held with the bidder and work was
awarded for Rs 294,352.00 million. Audit further noted that the
rationalized bid of the contractor was put in the PC-I and the ECNEC
approved the revised PC-I of the project accordingly in December 2015.
289
Audit observed that an item i.e. “Provision of employer‟s
representative control and monitoring office at Islamabad” @ Rs 621,106
per month for 36 months involving an amount of Rs 22.360 million was
included in Bill No. 3 of all the seven sections of the project, whereas,
Audit was of the view that there shall be only one monitoring office at
Islamabad therefore provision of such expenditure in all the sections
seems unjustified and extra cost involving Rs 134.159 million (22,359,833
x 6).
Audit pointed out the issue during August-September 2017 but the
management did not reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, NHA admitted the irregularity and committed that no
expenditure shall be incurred on remaining six sections on account of
monitoring offices. The DAC directed that Control and Monitoring Office
be maintained in one section of the project only and expenditure be
restricted accordingly.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 185)
4.4.56 Unjustified extra provision of training in China by the
contractor without provision in the tender documents -
Rs 121.393 million
As per Bill No. 7 item 702a of the tender documents there was a
provision of 24 at site trainee engineers for 288 man-months. The
contractor was required to offer rates against this item.
Audit noted that the work “Construction of Thakot-Havelian (120
Km)” was awarded to M/s China Communication Construction Company
290
on 22
nd
December 2015 for Rs 133.980 billion on Engineering,
Procurement and Construction (EPC) basis.
Audit observed that the contract was signed for 24 trainee
engineers in China for Rs 135.793 million, whereas, the requirement of the
project was to appoint trainee engineers on site. Audit was of the view that
due to inclusion of training in China extra cost of Rs 121.393 million was
agreed and entered in the contract agreement.
Audit was of the view that extra cost was due to weak
internal/financial controls.
Audit pointed out the issue in September 2017. The Authority
replied that the bidder quoted Rs 135.792 million against the head of
“Trainee Engineers” in Bill No. 7. This amount was very high. Therefore,
the description of the nomenclature was changed from “Trainee
Engineers” to “Training in China for twenty four (24) NHA graduated
engineers for 12 months each including boarding and lodging”.
The reply was not accepted because the provision of Trainee
Engineers is meant for on the works training/experience of fresh graduate
engineers. As replied as the quoted rates of the bidder were on higher side,
during clarification/negotiation meetings with the bidder, local training
was converted in foreign training. First of all foreign training does not
fulfills the purpose of provision of trainee engineers in the work.
Secondly, there is no modality in place for selection of engineers by NHA.
The cost of foreign training of NHA graduate engineers was against the
purpose of trainee engineers.
The matter was discussed in the DAC meeting held in December
2017, wherein, DAC directed NHA that proper curriculum/module be
prepared for training in Tunnel Engineering and training be materialized
within two months. DAC further directed that training be arranged in
proportion of 50% trainee engineers and 50% NHA employees.
291
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 257)
4.4.57 Undue financial burden on the public exchequer on account of
storage charges - Rs 117.14 million
Para 228 of CPWD Code regarding secured advanced provides to
ensure that the quantities of materials upon which the advances are made
have actually been brought to site, that the contractor has not previously
received any advance on that security and that materials are all required by
the contractor for use on items of work for which rates for finished work
have been agreed upon
Audit noted that NHA (Lyari Expressway Project) approved
variation order No.10 containing bill of quantities for item PS 17(ii)
continuation of storage accommodation including its maintenance and
insurance of reinforced earth material supplied by M/s Reco for Rs 37.376
million.
Audit observed that the item PS 17 (ii) was paid in excess of
approved cost upto Rs 62.815 million against provision of 37.376 million.
This resulted in excess expenditure of Rs 27.439 million.
Audit further observed that the secured advanced was allowed on
the material of reinforced earth i.e. Paraweb Grade 50, 75,100, Connectors
Grade 50 & 75/100, Dowel, EPDM Pads and Foam Geotextile, whereas,
the said material was not required due to change in design, whereas, an
amount of Rs 177.106 million was continuously paid and recovered as
secured advance without utilization of material. Audit hold that secured
advance against surplus material is not only a financial aid to the
contractor but also a recurring loss of interest (if the amount remained in
Govt. accounts). Due to mismanagement and unjustified payment of
secured advance Government exchequer sustained a loss on account of
292
interest amounting to Rs 31.907 million. Audit also observed that an
amount of Rs 57.795 million was paid to the contractor on account of
storage & accommodation including maintenance and insurance of the
enforcement earth material which was unjustified as the material against
the secured advance paid is the property of NHA who is responsible for
the same. Audit was of the view that unjustified payment of secured
advance and storage charges to contractor beyond approved cost resulted
in undue financial burden on the public exchequer worth Rs 117.14
million.
Audit was of the view that incurring the unauthorized and
irregular expenditure put additional burden on the exchequer. This
violation of rules occurred owing to a weak oversight mechanism for
exercising the internal controls.
Audit communicated the irregularity in August 2017. The
Authority replied that as clearly mentioned in the working paper and
justification in VO-10 till the completion of project, the monthly
mentioned amount would be practiced thus the same amount against the
item PS 17(ii) was being paid accordingly. The Authority further replied
that stiff resistance was experienced in some hard areas, hence, it was
decided that the project be realigned with two elevated bridges between
Sindhi Hotel and Teen Hatti and Mangho Pir to Meva Shah. This resulted
into sparing the balance reinforced earth materials. NHA HQ had been
approached to use the spared reinforced earth material on some other
projects and the matter was under consideration. The remaining material
be used on other projects as the material is not perishable. Adjustment
would be made after shifting of material. The reply was not tenable
because payment on account of storage and secured advance against
surplus material was unjustified and resulted undue financial aid to
contractor and undue financial burden on public exchequer.
The matter was discussed in the DAC meeting held in December
2017, wherein, the DAC directed NHA to conduct a Fact Finding Inquiry
and report be submitted within two weeks. DAC further directed that an
early decision/plan be made for disposal of the material. Moreover,
293
inadmissible charge of expenditure on storage to the project cost may be
rectified/regularized.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 58)
4.4.58 Loss to the government due to non-rectification of the
damaged work at contractor’s expense - Rs 116.766 million
Clause 20.1 of conditions of contract (part-I) of the contract
agreement for the work “Construction of Baba Farid Bridge over River
Sutlej” provides that the contractor shall take full responsibility for the
care of works and materials and plant for incorporation therein from the
commencement date until the date of issue of the taking-over certificate
for the whole of the works. Clause-20.2 provides that if any loss or
damage happens to the works or any part thereof, or materials or plant for
incorporation therein, during the period for which the contractor is
responsible for the care thereof, from any cause whatsoever, the contractor
shall at his own cost, rectify such loss or damage so that the permanent
works conform in every respect with the provisions of the contract to the
satisfaction of the engineer.
Audit noted that in the Engineer‟s Estimate/BOQ quantities of item
No.509-b rip rap, 509-h filter layer of granular material and SP-8 stone
apron guide bank was provided as under:
509-b rip rap, 52,840 cu.m
509-h filter layer of granular material 12,220 cu.m
SP-8 stone apron 115,383 cu.m
Audit observed that these items were measured at left guide bank
& right guide bank to the extent of 8,064.577 Cu.m, 1,455.882 Cu.m and
67,756.039 Cu.m respectively but the measurement was multiplied with
the 0.5 and payment of half work executed was paid to the contractor.
294
Later on, the work was remained abandoned/suspended up to 2015 due to
various reasons and subsequently assigned to the petty contractor in April
2015. The assignee was executing the earth work on both guide banks and
measurements on MB showed that construction of guide banks was still
underway.
Audit further observed through review of the engineer‟s report that
during the suspended period flood occurred and all the protection work
was washed away and during site visit by the audit team that no sign of
execution of stone work existed at site, when it was questioned to
consultant they responded that entire stones were washed away.
Audit held that the care of work up to issuing of taking over
certificate was the responsibility of the contractor and subsequently to the
assignee, therefore, this work was required to be got executed at the
contractor‟s expense rather the charging to work, but no such work was
rectified at the contractor expense, hence the earlier work wasted which
was ultimate loss to the Authority. Non-adherence to contract caused loss
to the government due to non-rectification of the damaged work at
contractor‟s expense for an amount of Rs 116.766 million.
Audit was of the view that the irregularity occurred due to weak
internal controls and inadequate oversight mechanism for enforcing
relevant rules and regulations.
Audit pointed out loss in April 2017 but the management did not
reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, NHA explained that flood during the suspended period did
not wash away protection works of guide banks i.e. stone pitching and
stone apron. All measured work was intact some minor rectifications were
required where flood affected the works. No further payment made to
contractor on this account after resumption of work. As all work was
intact at site and no duplicate payment was involved. The DAC was not
295
satisfied and directed to conduct fact finding inquiry by NHA and submit
report to Audit along with complete record.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 222)
4.4.59 Excess payment on account of escalation beyond the provision
of PC-I - Rs 94.396 million
According to PC-I of the Project Khushal Garh Bridge at District
Kohat, approved by the ECNEC in its meeting held on 26
th
May, 2011 for
Rs 1,538.00 million as conveyed by the Planning & Development
Division, OM. No. 16(101)/PIA-III/PC/09-10 dated 2
nd
June, 2011, a sum
of Rs 34.497 million was provided on account of price escalation as under.
Total cost of project Rs 1,326.816 million
Provision of escalation Rs 34.487 million (6.5% of 40% of
Project cost)
Audit observed that Project Director Khushal Garh Bridge NHA
paid Rs 128.893 million on account of escalation against the PC-I
provision of Rs 34.497 million to the contractor M/s Usmani Associates
through EPC-14. This resulted in an excess payment of Rs 94.396 million
without revision/approval of PC-I from the competent forum.
Audit pointed out the excess payment in August-September, 2014.
The Authority replied that Revised PC-I with escalation provision of
Rs 157.070 million was under process of approval at Planning
Commission from June 2013. The reply of the authority was not tenable as
approved PC-I of the project provides the payment of escalation as 6.5%
of the 40% of the project cost. So provision in the agreement was required
to be made accordingly.
296
The matter was discussed in DAC meeting held in November 2014
wherein the DAC directed Member (Finance) to examine the matter
regarding payment of escalation beyond provision in the PC-I prior to
approval of revised PC-I.
Compliance to the DAC‟s directive was not made despite lapse of
three years.
Audit recommends early compliance to the DAC‟s directive
besides action against the person(s) responsible.
(DP 127/2014-15)
4.4.60 Irregular payment due to allowing escalation on disputed value
of work - Rs 93.186 million
According to Clause 13.8 of agreement, the amounts payable to the
contractor shall be adjusted for rise or fall in the cost of labour, goods and
other inputs to the work by the addition or deduction of the amounts
determined by the formula prescribed in this sub-clause. No adjustment is
to be applied to work valued on the basis of cost or current prices.
Audit noted that the National Highway Authority (Sukkur-
Jacobabad Section N-65) re-fixed rates of item No SP-13c, 201, SP-13a
and 404b due to increase in quantities beyond prescribed limits and were
paid at revised/reduced rates in IPC-11.
Audit observed that difference between the BOQ and revised rates
was included in value of work done as Rs 232,967,444 and calculated
escalation accordingly. Release of escalation on disputed amount of work
done without final decision was irregular. This resulted in irregular/excess
payment of escalation of Rs 93.186 million.
Audit was of the view that irregularity occurred due to lack of
oversight mechanism for implementation of internal controls.
Audit pointed out the irregularity in August 2015. The authority
did not reply.
297
The matter was discussed in the DAC meeting held in January
2016, wherein, Audit contended that escalation was allowed contrary to
the provision of the PEC standard procedure on the material having lesser
than 5% element of cost, material not used in the currency of the
respective IPC, paid on provisional sums and general items, temporary
works. NHA informed that escalation was allowed as per provision of
contract. Audit also informed that the identical nature paras were already
printed in previous audit report and presented to PAC for final decision.
The DAC pended the para till receipt of the decision by the PAC.
(DP. 137/2015-16)
4.4.61 Grant of additional mobilization advance through post-bid
amendment - Rs 107.594 million and non-recovery of balance
amount - Rs 86.902 million
The standard contract agreement does not provide any scope for
change in the conditions of the contract. Clause 51.1 provides scope for
variations in quantities only.
Audit noted that NHA awarded the work “Construction of road
from Gharo to Keti Bunder (Package –III)” to the contractor M/s
Zarghoon Enterprises (Pvt) Ltd at bid cost of Rs 1,095.050 million on 5
th
April, 2010 with completion period of 548 days i.e. upto 24
th
December,
2011. The contract cost was revised vide variation order No. 1 and
completion period was extended upto 25
th
December, 2012. Audit further
noted that mobilization advance under contract clause 60.11 was
admissible @ 10% of the contract price stated in the letter of acceptance
(less provisional sum).
Audit observed from the monthly progress report No.67 for the
month of June, 2015 that NHA allowed/paid additional Mobilization
Advance to the contractor beyond the contract provisions to the contractor.
This resulted in undue financial benefit through post-bid amendment of
Rs 107.594 million out of which an amount of Rs 53.797 million was
recovered leaving a recoverable balance of Rs 53.797 million. Audit
298
further observed mobilization advance paid previously amounting to
Rs 107.594 million was not recovered completely and additional amount
of Rs 33.105 million was also outstanding. This resulted in grant of
additional mobilization advance in violation of contractual provisions
amounting to Rs 107.594 million and non-recovery of Rs 86.902 million.
Audit was of the view that the violation occurred due to weak
oversight mechanism for exercising the financial and internal controls.
Audit communicated the non-recovery in August 2017. The
Authority replied that the work of Package-III was suspended by the
contractor due to dispute in settlement of his claims against item No.SP-
24. The matter is in the honorable Supreme Court of Pakistan, Islamabad
Bench. After the decision of honorable court and subsequent re-
mobilization of the contractor, the mobilization advances would be
recovered accordingly. The reply was not tenable because justification for
additional mobilization advance was not given. However, the matter may
be expedited for early settlement of the dispute to save the project from
further losses and recovery of the advances.
The matter was discussed in the DAC meeting held in December
2017, wherein, NHA explained that the work is suspended and the matter
is subjudice in court of law. Additional Mobilization Advance was paid
under Amendment No.1 to the contract agreement with an interest at the
rate of 9% per annum. The outstanding Mobilization Advance would be
recovered from the contractor with interest after resumption of work. The
DAC directed NHA that recovery be ensured immediately for which ways
and means be decided by NHA.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
regarding recovery.
(DP. 62)
299
4.4.62 Unjustified expenditure of pay and allowances - Rs 77.464
million
According to GFR-10 (i), every public officer is expected to
exercise the same vigilance in respect of expenditure incurred from public
funds as a person of ordinary prudence would exercise in respect of
expenditure of his own money. The expenditure should not be prima facie
more than the occasion demands.
As per Clause 4.2 of the Concession Agreement, the
concessionaire shall commence routine and periodic maintenance of the
project assets and continue the same until the concession end date in
accordance with the O&M Manual.
4.4.62.1 Audit noted that National Highway Authority (General Manager
Maintenance (M-2,M-3) Kallar Kahar) booked an expenditure of
Rs 20.067 million during 2014-15 for pay & allowances of the staff of
Trauma centers.
Audit observed that the NHA Board in its 171
st
meeting held on 8
th
May, 2009, created 176 posts for serving in different Trauma centers at
motorway. Out of 176 posts, 65 employees were deployed by NHA at
different locations for serving in Trauma centers. Now the 65 employees
are attached with National Highway & Motorway Police (NH&MP) for
fine collection purposes. It is pointed out that the Trauma centers were not
established as well as non-operational on motorway up till now. The
deployment of staff against non-operational Trauma Centers has resulted
into unjustified expenditure of Rs 20.067 million in the shape of pay and
allowances.
Audit pointed out the irregularity in August 2015. The department
did not furnish reply.
The matter was discussed in the DAC meeting held in January
2016, wherein the para was discussed at length. NHA informed that
300
employees were appointed against the 176 posts but only one trauma
center on M-I is operative. 65 staffs were attached with NH&MP for fine
collection purpose whose salaries were paid on 50:50 share basis. Audit
contended that trauma centers on M-2 are the responsibility of M/s More
as the project has been handed over to them and both centers are
inoperative. DAC directed to withdraw or transfer the employees to
NH&MP and utilize/handover the services, if required, or their contracts
will be terminated.
Compliance to the DAC‟s directive was not made despite lapse of
a period of two years.
Audit recommends early compliance to the DAC‟s directive.
(DP. 405/2015-16)
4.4.62.2 Audit noted that National Highway Authority (General Manager
Maintenance (M-2, M-3) Kallar Kahar) executed a concession agreement
for overlay and modernization of M-2 (Motorway) with Motorway
Operations and Rehabilitation Engineering Pvt. Ltd (MORE) on 23
rd
April, 2014.
Audit observed that 98 employees of NHA were deployed on M-2
project during 2014-15 at different locations. The concessioner M/s
MORE taken over the charge of work in April, 2014 on M-2 and started
the overlay work. After handing over the M-2 (motorway) to concessioner,
there was no need to deploy the NHA staff there. This resulted in into
unjustified expenditure of Rs 57.397 million on pay and allowances.
Audit pointed out the irregularity in August, 2015. The department
did not furnish reply.
The matter was discussed in the DAC meeting held in January
2016, wherein the NHA explained that the Officers and staff are working
with dual charge and staff has been reduced from 149 to 81. DAC directed
to rationalize the staff/strength and submit revised reply with justification.
301
Compliance to the DAC‟s directive was not made despite lapse of
two years.
Audit recommends early compliance to the DAC‟s directive.
(DP. 407/2015-16)
4.4.63 Unjustified change in scope of work through Variation Orders
- Rs 64.483 million
According to Para 101 of NHA Code, 2005 (Volume-I) when it is
found that a variation / change or order or amendment is necessitated
owing to a defect in design, estimates or drawing etc., the engineer
concerned/consultant who prepared the design, estimates or the drawing
shall be called upon to explain reasons for preparation of a defective
design. Issuance of variation orders in such a situation shall require
reasons to be recorded clearly in writing. Necessary procedure specifying
the action to be taken in different cases of this nature shall be issued by the
Member/Director General (Admn) in consultation with Member
(Planning)/Member (Operations) / (Construction). The Inter-Departmental
Committee (IDC) of the Public Accounts Committee (PAC) in its meeting
dated 17th July, 2001 decided that the management is not empowered to
award a new work as additional work to an existing contractor without
calling open tenders. It only allows minor adjustments in the already
awarded work so as to complete it in all respect.
Audit noted that National Highway Authority awarded the work
“Periodic Maintenance work (Structural overlay) between Km 00+000 -
06+000 on N-50” vide Contract No. PM-13-14-BN-03) to M/s Ghazi
Enterprises on 16
th
September, 2014 for Rs 76.728 million against
Engineer Estimate of Rs 91.473 million having completion Period of 180
days. Audit further noted that after award of work, consisting Asphaltic
Base Course and Wearing Course on 06 Km i.e. from 00+000 to 06+000,
the scope of work was changed towards treatment of earthen shoulders to
treated shoulders from Km 000 to 28+500 with Aggregate Base Course
and Double Surface Treatment (DST). The Authority also approved VO-II
302
of Rs 76.728 million through re-appropriation and 6th & final bill was
recorded for Rs 64.483 million.
Audit observed that after award of work, change of location and
addition of new road portion in the already awarded work was against the
provisions of the NHA Code and violation of the directions of the PAC.
This resulted in an unjustified change of location and scope of work of
Rs 64.483 million.
Audit was of the view that irregularity was due to weak internal
controls.
Audit pointed out the issue in October 2017. The Authority replied
that change in location was due to the fact that the existing 06 Km road
section was in good condition without any major defect in pavement.
Earthen shoulders from Km 00+000 to 28+500 having defective stretches
were treated with aggregate base course followed by Double Surface
Treatment (DST) to save the existing pavement structure, to maximizes
the road users benefit and structure safety of NHA route. The reply was
not acceptable as tender was called for Asphaltic Base Course and
Wearing Course on six (06) Km road which was substituted for execution
of the work on shoulders (28.5 Km) without open competitive bidding /
post-bid amendment and defective estimation provided undue benefit due
to major change in scope of work. Competition was based on “Structural
Overlay” where the lowest bidder offered rebate 16.12% below but scope
of work was changed to “treatment of earthen shoulders” comparatively
cheaper item and having lesser efforts for execution. Had scope clearly
defined it would have fetched competitive and economical rates.
The matter was discussed in DAC meeting held in January 2018.
Audit contended that post-bid amendment was made to favour the
contractor. Structural overlay was replaced with less sustainable activity of
treatment of earthen shoulder. DAC directed NHA that issue may be
examined by General Manager (Internal Audit) and report along with
action taken be submitted to Audit for verification.
303
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends investigation and corrective measures.
(DP. 301)
4.4.64 Non-recovery of ROW dues from filling stations and other
business operators - Rs 53.636 million
As per Rule 3(2) of NHA Roads Maintenance Account Rules,
2003, all revenues from road users accruing to the NHA, from the tolls on
roads and bridges, net of collection costs, shall be expeditiously
transferred into the Roads Maintenance Account.
As per Rule 10 of Chapter III (General Regulations, Provisions) of
Regulatory Framework and Standard Operating Procedures for
Preservation and Commercialization of Right of Way (NHA Code
Volume-II, 2005), Deputy Director (Maintenance) or Corridor
Management Contractors shall ensure to collect the annual fees/ground
rental charges from the owners of commercial entities/amenities and
different Government/Semi Government agencies owning the utilities
within the due date. In case of non-payment, within fifteen (15) days of
the due date, issue the notices for payment of annual lease or ground rental
charges or fee and will endorse a copy to RAMD, Islamabad and Regional
General Managers.
Audit noted that 128 filling station users of NHA ROW were
running their business under jurisdiction of GM (Maintenance) Northern
Areas and GM (Gilgit-Baltistan) without payment of ROW charges/NHA
dues. Among the defaulters are the owners of CNG Filling Stations, Petrol
Pumps. Audit further noted that authority did not take any action against
the other business operators (plazas, hotels Etc.) using right of way of
NHA which put the Authority in to loss of millions of rupees.
Audit observed that these users were operating their business for
many years without paying the ROW dues to the NHA, Authority was,
304
therefore, deprived of revenue amounting to Rs 53.636 million. Non-
adherence to rules/SOP caused non recovery of ROW dues.
Audit communicated the non-recovery in July 2017. The Authority
admitted the recovery.
The matter was discussed in the DAC meeting held in November
2017, wherein, NHA explained that efforts were being made to recover the
outstanding dues. An amount of Rs 9.8 million had been recovered and
fresh notices served to defaulting operators. NHA further explained that
digitization/data base of NHA RoW is under process and dedicated efforts
are underway to improve system and enhance revenue. DAC directed
NHA to generate computerized bills and provide progress report on
digitization and revenue collection to Audit for verification.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
besides recovery of ROW dues.
(DP. 09, 165)
4.4.65 Unauthorized expenditure on construction of service road
outside Motorway fence on NHA Land for the benefit of
Private Housing Societies - Rs 53.331 million
As per rule 10 and 10 (iv) of General Financial Rules (Volume-I)
every officer incurring or authorizing expenditure from public funds
should be guided by high standards of financial propriety. Public moneys
should not be utilized for the benefit of a particular person or section of
the community.
Audit noted that as per approved PC-I of M-1 Motorway project, a
longitudinal ditch was proposed at the toe of the embankment to catching
terrain run off. The ditch was provided to prevent unauthorized access to
the ROW, to serve as a drain and dispense with the need of a fence. It was
305
also anticipated that in areas where the water table is high, the ditches will
also function as scarp drains. There was no provision of service roads
along motorway in the approved PC-I.
Audit observed that service road within the ROW was constructed
unauthorisedly near Hakla Service Area without approval of competent
forum i.e. ECNEC. Service road was constructed outside the fence,
therefore, of no utility for NHA. This road was not in the use of NHA and
being used by different Housing Societies i.e. Gulshane Sehat, Army
Welfare Trust Scheme, Margalla View Housing Society etc. as Access
Road to Fateh Jang Road. The expenditure on this service road
(Construction cost only) was Rs 35.554 million. Land acquisition cost of
the area under service road was not available with NHA, which is
approximately 50% of the construction cost i.e. Rs 17.777 million. Thus
NHA incurred an expenditure of Rs 53.331 million on service road
unauthorisedly at the cost of public exchequer against the rules.
Audit was of the view that irregularity occurred due to weak
financial controls.
Audit pointed out the matter in August 2014. The Authority replied
that construction of Motorway (M-1) not only caused to split the lands of
the locals but also caused to separate the houses of the nearby villages.
The passage of the locals across motorway became impossible and they
faced a lot of difficulties to reach their lands from one side to another. Due
to this reason, the affected peoples had protested and demanded service
roads to inter connects already constructed cattle creeps and underpasses
in order to facilitate the passage of general public of the concerned
localities across the motorway. Moreover, all constructed service roads
have been provided within ROW and no new land has been acquired for
this purpose. Provision of cost for all these service roads had been
included in Revised PC-1, approval of which was under process.
The reply was not tenable because service roads within ROW were
provided by NHA to facilitate private housing schemes against PC-I
306
provision of the project. Approval of competent forum ECNEC was also
not obtained.
The matter was discussed in the DAC meeting held in November
2014 wherein the DAC observed that Service Roads were constructed and
huge expenditure was incurred by NHA on its ROW without provision in
the PC-I of the M-1 Project that was beyond the approved project. NHA
informed that the expenditure incurred was incorporated in the revised
PC-I of the Project which was pending for approval due to litigation with
the Contractor for main Project. Audit contended that the expenditure on
service roads was incurred to facilitate the private housing societies. DAC
directed NHA to get the process of approvals with justifications verified
from Audit.
Compliance to the DAC‟s directive was not made despite lapse of
a period of more than three years.
Audit recommends early compliance to the DAC‟s directive
besides action against the person(s) responsible.
(DP 81/2014-15)
4.4.66 Non-completion of works by contractor - Rs 10.230 million and
non-imposition of liquidated damages - Rs 7.800 million
As per conditions of agreement, the completion period for the
project Wazirabad Bypass was nine (09) months.
Audit noted that Rehabilitation of Wazirabad Bypass project on N-
5 (NBC&SBC) was awarded to M/S KNK (Pvt) Ltd. for a bid cost of
Rs 78.003 million. Completion period of the project was 09 months. The
commencement date was 16
th
February, 2004. The work was to be
completed by 16
th
November, 2004 but extended up to 10
th
January, 2006.
Audit observed that the contractor failed to complete the whole
work assigned to him and left 30% work incomplete. The cost of left over
work was calculated for Rs 10.230 million by Project Director vide letter
307
No.PD(WBP/NHA/WZD/6/280 dated 19
th
May, 2006. Audit was of the
view that left over work be completed through contractor or it will be
carried out from someone else at the risk and cost of M/S KNK Pvt. Ltd.
Audit further observed that the Authority did not impose the
penalty in shape of liquidated damages on the contractor amounting to
Rs 7.800 million.
Audit pointed the issue in April 2017. The Authority did not
furnish reply.
The matter could not be discussed in the DAC meeting despite
requests by Audit.
Audit recommends for investigation and fixing of responsibility.
(DP. 312,314)
4.4.67 Unauthentic execution of work against day-work - Rs 40.099
million
According to Para 209 (d) of CPWA Code, as all payments for
work done are made on the basis of quantities recorded in the
Measurement Book (MB), it is incumbent upon the person taking
measurements to record the quantities clearly and accurately. He would
also work out and enter in the MB the figure for the contents or area.
Audit noted during scrutiny of last running bills paid against all
four packages of the project Alpuri-Besham that day-work for Rs 40.099
million was paid to the contractor.
Audit observed that record entries of the day work with
justification/calculation of rates paid were not made in the measurement
books. This resulted in unauthentic execution of work for Rs 40.099
million.
Audit was of the view that non-recording of details of day work in
the measurement books was due to weak internal controls.
308
Audit pointed out the matter in March 2017 but the Authority did
not reply.
The matter was discussed in the DAC meeting held in November,
2017 wherein, NHA explained that entries had been recorded in M.B.
DAC directed that addendum-1/contractual provision, approval of the Day
work and basis of the applied rates of Machinery hours and labour
manpower be got verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 88)
4.4.68 Excess percentage of overheads than the salary cost in
violation of RFP resulted in excess payment of Rs 34.704
million and US$ 170,599
As per FIN-2 of RFP regarding breakdown of rates for consultancy
contract in respect of hiring of Assistant to Employer (AER) on Karachi
Lahore Motorway Multan-Sukkur Section, eight (08) columns were
provided as:-
1
2
3
4
5
6
7
8
Basic
Salary
per
month
Social
Charges
(% of 1)
Overhead
(% of
1&2)
Sub
Total
Fee
(% of
4)
Rate per
month
for
project
office
Field
Allowance
Rate
per
month
for field
work
Further, the note-1 regarding the above items provides that the
minimum percentage of item (1) should be preferably 50% of (8).
Audit noted that NHA awarded a contract for Assistant to
Employer (AER) on the above said project to M/s SMEC Pty. Ltd in JV
309
with M/s EGC-ACE, IAC, ECSP, NDC and M/s TRS with the bid cost of
Rs 1,112.618 million and US$ 3.849 million.
Audit observed that the consultant provided basic salary rates as
33.84% of the total rate per month and overheads were provided as
168.6% of salary cost in violation of RFP. Audit was of the view that the
salary rate was decreased by the consultant from 50% to 33.84% in
violation of RFP just to enhance their profit and the employees were paid
less. Audit recommends that the overheads and other fees, etc. should be
equal to the salary cost i.e. 50% - 50%. This resulted in excess provision
of overheads Rs 286.548 million and US$ 1.073 million. An update
amount of Rs 107.377 million and US$ 527,845 was paid to the
consultant, which involved an excess payment of Rs 34.704 million and
US$ 170,599.
Audit was of the view that excess payment was due to weak
internal/financial controls.
Audit pointed out the issue during August-September 2017. The
Authority replied that the minimum percentage of item(1) should be
preferably 50% of (8) but it is not binding. Moreover, actual basic salary
rates percentage of the total billing rate is not 33.84% as AER reduced
their final billing rates by reducing their overheads. The reply was not
tenable because the consultant reduced their rates but the percentage
applied for salary cost and overheads are same. It was clearly mentioned
in the RFP that the salary should be 50% of the total rate. The consultant
just enhanced the overheads for the profit of the company and employees
are paid less.
The matter was discussed in the DAC meeting held in December
2017, wherein, DAC directed NHA to ensure implementation of contract
clause and take up the matter with consultant to maintain proportion of
salary of staff @ 50% of the total charges as agreed in the contract
agreement.
310
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 191)
4.4.69 Un-authorized change in rate and quantities after rationalized
bid and approved PC-I resulted in extra benefit to the
contractor - Rs 30.590 million
As per approved revised PC-I of the project Peshawar-Karachi
Motorway, Multan-Sukkur Section, under Bill No. 2, maintenance cost of
operation, training and maintenance of ITS System was provided @
182,082 per month with a quantity of 36 months involving Rs 6.555
million for one section.
Audit noted that NHA invited bids for construction of Peshawar-
Karachi Motorway Section-II Multan-Sukkur Section (392 KM) with
estimated cost of Rs 240,158.390 million. Three Chinese firms
participated and M/s China State Construction Engineering Corporation
Limited submitted lowest bid of Rs 406,332.270 million. As the bid was
on higher side, negotiations were held with the bidder and after some
meetings the bidder submitted a rationalized bid amounting to
Rs 294,352.00 million and the same was accepted by the Authority and
work awarded accordingly. Audit further noted that the rationalized
bid/BOQ of the contractor was put in the PC-I and the ECNEC approved
the revised PC-I of the project accordingly in December 2015.
Audit observed that during execution of the project, the rate of
above item was increased as Rs 546,246 per month and the quantity was
decreased to 12 months for keeping the item cost within the BOQ amount.
This resulted in irregular change of rate and quantities after rationalized
bid and approved PC-I resulted in extra benefit of Rs 30.590 million to the
contractor.
311
Audit was of the view that irregularity was due to weak
internal/financial controls.
Audit pointed out the issue during August-September 2017 but the
management did not reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, DAC directed NHA to take-up/re-negotiate the matter with
contractor to enhance the period to 36 months in line with defect liability
period without any effect on overall contract cost.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 183)
4.4.70 Non-deduction of sales tax from the consultant’s payments -
Rs 27.092 million
As per letter No. 6(174)GM(Engg. Coord)/HQ/NHA/16/260, dated
2
nd
September, 2016 addressed to Director Asian Development Bank
Manila for approval of Addendum-4 in respect of consultancy services by
the GM Engineering Coord NHA Islamabad, Remuneration and Out of
Pocket Expenditure (OPEs) are subject to Income Tax @ 15% for foreign
component and 8% for local component. The General Sales Tax is
applicable @ 15% on foreign as well as local component. Taxation is
followed as per the law of Government. However, if any change in the
contract cost arises, during the currency of the contract, due to
modification in the mode of applicability of GST, a subsequent addendum
will be forwarded to ADB for their concurrence.
As per the Islamabad Capital Territory (Tax on Services)
Ordinance, 2001 amended upto date services provided by technical,
scientific and engineering consultants are subject to deduction of Sales
Tax @ 16% w.e.f 01
st
July, 2015.
312
Audit noted that NHA awarded a contract for Design Review and
Construction Supervision to M/s Minconsult and agreement was signed on
14
th
June, 2006 with the cost of Rs 169.093 million and US$ 2.412
million. Audit further noted that two projects were awarded on N-70 and
N-50 on 14
th
January, 2016 for which the consultancy was also awarded to
the same consultant and agreement rates were increased through
addendum-4. The total agreement cost revised as Rs 505.317 million and
US$ 5.253 million.
Audit observed that as per above letter the Authority clearly
provided to ADB that the remunerations and out of pocket expenses were
subject to sales tax @ 15% but during the year 2016-17, the Authority
paid an amount of Rs 180.611 million (Rs 70.301 million as local currency
and Rs 110.310 million as foreign currency) on account of consultancy
services to M/s Mincounsult without deduction of 15% sales tax. This
resulted in overpayment due to non-deduction of sales tax amounting to
Rs 27.092 million.
Audit was of the view that overpayment was due to weak
internal/financial controls.
Audit pointed out the issue during September 2017. The
management replied that NHA had approved the GST at the rate of 15% in
Addendum-4. The Minconsultant International Ltd, are regularly
depositing the required GST. The reply was not tenable because as per
payment vouchers, deduction of sales tax was not verified. Moreover, as
per Trial Balance of the project there was no head of account regarding
General Sales Tax.
The matter was discussed in the DAC meeting held in December
2017, wherein, DAC directed NHA to authenticate the deposit by FBR.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
313
Audit recommends early compliance to the DAC‟s directive.
(DP. 210)
4.4.71 Overpayment due to allowing enhanced rate - Rs 25.364 million
Clause 52.1 of contract agreement (Vol-I), states that all variations
referred to in Clause 51 and any additions to the Contract price which are
required to be determined in accordance with Clause 52 shall be valued at
the rates and prices set out in the contract. Provided further that no change
in the rate of any item contained in the contract shall be considered unless
such item accounts for an amounts more than 2 percent of the contract
price, and the actual quantity of work executed under the item exceeds or
falls short of the quantity set out in BOQ by more than 30% and applicable
to the varied quantity only i.e. starting from 130 percent to onward and if
quantity of an BOQ item is reduced more than 30 % the change in rate
will be applicable for to all left over remaining quantity.
Audit noted that BOQ quantity of item of work “Asphaltic Base
Course” was decreased from 27,000 Cu.m to 16,944 Cu.m due to
reduction in thickness from 14cm to 8cm. Audit further noted that the
NHA Board in its 272
nd
meeting held on January 16, 2017 approved in
principal the variation of item and its re-rating @ Rs 19,158 per Cu.m for
a quantity of 11,861 Cu.m out of 16,944 Cu.m. The Authority executed
and paid said item for a quantity of 7,792.885 Cu.m upto IPC No14.
Audit observed that NHA Board approved revised rate for quantity
11,861 Cu.m and balance quantity of 5,083 Cu.m (16,944-11,861) was
required to be paid at BOQ rate i.e. Rs 12,608 Cu.m. But the Authority
measured and paid quantity of 1,210.537 Cu.m at BOQ rates and allowed
revised rate @ Rs 19,158 Cu.m for quantity 6,582.346 Cu.m. Hence,
allowing enhanced rate resulted in overpayment of Rs 25.364 million.
Audit pointed out the overpayment in September 2017. The
Authority replied that only approval of amendment was required by NHA
Executive Board. As per COC, clause 52.2 the new rate were to be applied
on whole quantities (in case of reduction more than 30%). The reply was
314
not tenable as per contract agreement 100+30 was effective contract price,
the revised rate duly approved was applicable on the quantity increasing/
decreasing this limit and NHA Board had already clarified application of
revised rate for a quantity of 11,861 Cu.m.
The matter could not be discussed in the DAC meeting despite best
efforts by Audit.
Audit recommends early recovery.
(DP. 397)
4.4.72 Loss due to toll operation departmentally on interim basis -
Rs 24.242 million
As per para 12(a) and (d) of NHA Code Volume-I chapter 11
provides that, In the event of an emergency arising from the premature
termination of contract or due to suspension of the toll collection by the
contractor for reasons beyond his control, the General Manager (Region)
after seeking approval of the Chairman, NHA, shall collect the toll
revenues departmentally till award of a fresh contract. d) Upon finalization
of the procurement plan and preparation of the tender documents, a notice
for procurement of O&M Contractor shall be issued in the leading daily
newspapers, preferably 30 days before the day fixed for holding the
proposed procurement.
Audit noted that NHA awarded five (05) contracts for the period of
one year. As per the revenue statements F.Y 2014-15 & 2015-16 provided
by Revenue Section (Finance Wing) after its expiry the toll plazas were
handed over to regional G.Ms for running which was not acceptable as per
NHA code as handing over should be done only if the contractors stop
running toll plazas before expiry of its period due to any default or
premature termination by NHA or reasons beyond control of contractor.
Audit observed that contractors performed well in their awarded
periods after expiry without any reason the NHA management run these
toll plazas on interim basis for more than 7 months with less revenue as
315
compare to the amount received after re-awarding. Audit was of the view
that tendering process should be completed before expiry of contracts
which was not done by NHA management and keeping of toll plazas
without any emergency or premature termination of contracts before
expiry was totally unjustified. This resulted into a loss of Rs 24.242
million.
Audit was of the view that this mismanagement of NHA was due
to negligence, weak internal and financial controls.
Audit pointed out loss in April 2017, but the Authority did not
reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, Audit contended that there was huge difference in
departmental collection and bid. DAC directed NHA to conduct a fact
finding inquiry.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
besides fixation of responsibility for loss.
(DP. 120)
4.4.73 Overpayment due to paying excavation cost twice - Rs 21.399
million
Contract specification item No. 106.3.1 provides that cost of
excavation of material which is used anywhere in the project shall be
deemed to be included in the pay item relating to the part of the work
where the material is used.
Audit noted that work Widening/Improvement of Alpuri-Basham
Road (N-90) Lot-I was awarded to M/s AM & Co at agreed cost of
Rs 353.115 million and Widening/Improvement of Alpuri-Basham Road
316
(N-90) Lot-II was awarded to M/s Muhammad Irshad & Co at agreed cost
of Rs 332.521 million (Revised cost through VO-I Rs 488.259 million).
Audit observed that stone masonry work for a quantity of 35,072
Cu.m was executed under item No. 411a, 411b & 412a. Audit further
observed that 35,073 Cu.m of rock/stone was utilized in stone masonry
work so it should not be paid separately under item No. 106d(i) because
cost of excavation was already included in the stone work item where the
excavated material was used. Due to paying excavation once under item
No. 106d(i) and secondly under item No. 411(a), 411(b) & 412(a) the
contractor was overpaid for Rs 21.399 million
Audit was of the view that the overpayment occurred due to non-
adherence to the provision of contract agreement/specification and
ineffective implementation of technical, financial and internal controls.
Audit pointed out the irregularity in August 2017. The Authority
did not furnish reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, NHA informed the Committee that recovery of Rs 6.994
million out of Rs 10.266 million in one case and Rs 1.436 million out of
Rs 11.133 million in other case has been made. DAC directed NHA to
effect remaining recovery and get the record verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
regarding remaining recovery.
(DP. 91)
317
4.4.74 Overpayment due to allowing escalation on provisional sum
items - Rs 18.362 million
According to Clause 13.8 of agreement, the amounts payable to the
contractor shall be adjusted for rises or falls in the cost of labour, goods
and other inputs to the work by the addition or deduction of the amounts
determined by the formula prescribed in this sub-clause. To the extent that
full compensation for any rise and fall in costs is not covered by the
provisions of this or other clauses, the accepted contract amount shall be
deemed to have included amount to cover the contingency of other rises
and falls in cost. The adjustment to applied to the amount otherwise
payable to the contractor, as valued in accordance with the appropriate
schedule and certified in payment certificates, shall be determined from
formula for each of the currencies in which the contract price is payable.
No adjustment is to be applied to work valued on the basis of cost or
current prices.
Audit noted that National Highway Authority allowed escalation
on value of work done Rs 9,723.186 million for Qila Saifullah-Zhob and
on Rs 8,401.343 million for Sukkur-Jacobabad Project.
Audit observed that price escalation due to increase in rates of
specified material was calculated including value of provisional sums
utilized on current prices and escalation was not admissible on work
valued on the basis of cost or current prices. This resulted in overpayment
of Rs 18.362 million.
Audit was of the view that overpayment occurred due to lack of
oversight mechanism for implementation of internal controls.
Audit pointed out overpayment in August 2015. The Authority did
not reply.
The matter was discussed in the DAC meeting held in January
2016, wherein Audit contended that escalation was allowed contrary to the
provision of the PEC standard procedure on the material having lesser
318
than 5% element of cost, material not used in the currency of the
respective IPC, paid on provisional sums & general items, temporary
works. NHA informed that escalation was allowed as per provision of
contract. Audit explained that the identical nature paras were already
printed in previous Audit Report and presented to PAC for final decision.
The DAC pended the para till receipt of the decision by the PAC.
(DP. 139/2015-16)
4.4.75 Non-forfeiture of performance bond due to non-commencement
of work - Rs 17.748 million
According to Clause 41.1, the contractor shall commence the
works on site within the period provided in Appendix-A to Bid from the
date of receipt by him from the engineer of a written notice to commence.
Thereafter, the contractor shall proceed with the works with due
expedition and without delay. According to agreement signed with the
Contractor on 28
th
August, 2015, the Contractor was required to
commence the work within 14 days from the date of receipt of Engineer‟s
notice to commence which shall be issued within fourteen (14) days after
signing of contract agreement.
Audit noted that the General Manager (Maintenance) Baluchistan
(West) NHA, Khuzdar, called and opened tenders for the work “Periodic
maintenance (Functional overlay) between km 282+000-km 344+000, km
on N-10 (Contract No. PM-2013-14-BS-01)” on 27
th
April, 2015. The
work was awarded to M/s HRK & Co on 23
rd
June, 2015 at agreement
cost of Rs 177.489 million which was 2% above the engineer estimate of
Rs 174.008 million based on NHA CSR, 2011 plus 15%. Agreement was
signed on 28
th
August, 2015 and date of commencement of work was
reckoned from 2
nd
October, 2015 and was to be completed upto 4
th
April,
2016.
Audit observed that the contractor failed to start the work which
was required to be commenced on 2
nd
October, 2015 and to be completed
in all respect upto 4
th
April, 2016. But the Authority did not initiate action
against the contractor toward encashment of Performance Bond under the
319
provisions of the agreement. This resulted in non-forfeiture of
performance bond submitted by the contractor of Rs 17.748 million.
Audit was of the view that the performance bond of the defaulting
firm was not encashed due to poor monitoring system and internal
controls.
Audit pointed out the non-forfeiture of performance bond in
October 2016. The Authority did not reply.
The matter was discussed in the DAC meeting held in January
2017, wherein, the DAC directed NHA to conduct inquiry and get the
record verified from Audit.
Compliance to the DAC‟s directive was not made despite lapse of
a period of one year.
Audit recommends early compliance to the DAC‟s directive.
(DP. 203/2016-17)
4.4.76 Overpayment due to incorrect implementation of revised rates -
Rs 15.312 million
According to Condition No. 12.3 of General Conditions of
Contract, for each item of work, the appropriate rate or price for the item
shall be the rate or price specified for such item in the contract or, if there
is no such item specified for similar work. However, a new rate or price
shall be appropriate for an item of work if the measured quantity of the
item is changed by more than 25 % from the quantity of this item in the
Bill of Quantities (BOQ) or other Schedule.
Audit noted that NHA awarded the work “Construction of
Hassanabadal-Havelian Expressway (E-35)” to M/s China Gezhouba
Group Company Limited M/s Ghulam Rasool & Company (Pvt) Ltd
(JV) with an agreed cost of Rs 7,376.968 million. Audit further noted that
320
due to change in scope of work, 03 items were rerated and cost per unit
was increased.
Audit observed that General Manager of the project implemented
revised cost per unit on 25% increased quantities as well whereas as per
rule referred above it should be implemented on the measured quantity
which is increased by more than 25%. This resulted into overpayment of
Rs 15.312 million due to higher rates.
Audit was of the view that overpayment was made due to weak
internal financial controls and inadequate oversight mechanism for
enforcing relevant rules and regulations.
Audit pointed out overpayment in August 2017. The Authority
replied that as per contract clauses 12.1, 12.2, 12.3 and 13, the rate of any
items, once re-appropriated under the above said provision of Sub-Clause-
12.3(a), shall be applicable to quantities enhanced to 125% under the
revised BOQ. No condition of the Contract provides that the said re-
appropriated rate shall be applicable only to the quantities in excess of
125%.
The reply was not acceptable because the rate was to be changed
when quantity against that individual item exceeded 25%. The revised rate
was therefore, applicable to the quantity in excess of 25%.
The matter was discussed in the DAC meeting held in November
2017, wherein, the DAC was of the view that already established principle
be followed. DAC directed that GM (B&A) and GM (IA) will examine the
issue and submit report.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
besides recovery of overpaid amount.
(DP. 48)
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4.4.77 Overpayment due to non-reduction in quoted rate of BOQ item
- Rs 14.547 million
Clause 52.1 of Contract Agreement (Vol-I), states that all
variations referred to in Clause 51 and any additions to the Contract price
which are required to be determined in accordance with Clause 52 shall be
valued at the rates and prices set out in the contract. Provided further that
no change in the rate of any item contained in the contract shall be
considered unless such item accounts for an amounts more than 2 percent
of the contract price, and the actual quantity of work executed under the
item exceeds or falls short of the quantity set out in BOQ by more than
30%.
Audit noted during audit of Jalalpur Pirwala-Uch Sharif Section of
Shujabad TMA Road project, Package-III, that BOQ quantity of item of
work “Formation of embankment from borrow excavation in common
material” was provided for a quantity of 392,399 Cu.m. The Authority in
2011 got approved additional quantity of 327,608.88 Cu.m @ Rs 399 per
Cu.m of said item of work and paid accordingly through variation order
No. 01. Audit further noted that the rate of item in CSR 2011 NHA for
District Bahawalpur was Rs 351.24 Cu.m but the department did not
revise/ re-fix the rate of item under clause 52.1 for excess quantity.
Audit observed that the quantity of said item was increased by
more than 30% during execution; hence, the rate of the item should also be
re-fixed. The item was required to be paid under item 108c of CSR 2011
for District Bahawalpur “Formation of Embankment from Borrow
Excavation in Common Material” @ of Rs 351.24 Cu.m. Thus, allowing
of higher rate than the admissible resulted in overpayment of Rs 14.547
million.
Audit pointed out non-recovery in September 2017. The Authority
replied that due to change in alignment the quantities of embankment
increased more than 30% and the VO-01 prepared. The rate of HSD
enhanced up-to Rs 106 per Liter. The contractor was not willing even on
322
his quoted rates. Neither rates were enhanced nor the CSR-2011 approved
during the preparation of VO-01. As the rates of Bid amount paid after
taking of undertaking from contractor, so observation may please be
dropped. The reply was not satisfactory because rate of item where
contractor quoted high rate was not reduced by the Authority on the same
basis where rates of items were enhanced and quoted rate was on lesser
side.
The matter could not be discussed in the DAC meeting despite best
efforts by Audit.
Audit recommends early recovery.
(DP. 398)
4.4.78 Less recovery from the toll plaza contractor - Rs 9.561 million
As per para 1.37 of NHA Financial Manual, the General Manager
Finance shall coordinate with all the Regional/Project Accounts Offices in
the matters of preparation of budgets, consolidation of expenditure and
income accounts.
Audit noted that toll income for the financial year 2015-16 was
Rs 15.574 billion, whereas in the financial year 2014-15 the income for
the toll plaza was Rs 16.048 billion, as evident from the financial
statements for the year 2015-16.
Audit observed that quantum of vehicles was being increased day
by day whereas the toll income had been decreased. Further, probe into the
matter reveals that the less recovery was effected from the contractors of
toll plazas.
The case of Harro ETTM (toll plaza) was examined and observed
that the toll plaza was awarded to M/s Abdallian Brothers with contract
value Rs 241.500 million per annum. The contract was effective up to 30
th
June 2014, whereas contract was ended on 8
th
December, 2015 without
obtaining any extension orders from the competent authority. After
vacation the toll plaza was handed over to NHA staff on 09
th
December,
323
2015. The contractor deposited Rs 96.963 million for the period 1
st
July,
2015 to 8
th
December, 2015 (161 days) @ Rs 0.602 million per day
whereas recovery to be effected was Rs 106.525 million @ Rs 0.662
million per day as per contract agreement. This resulted in less recovery of
Rs 9.561 million from contractor M/s Abdali Brothers.
Audit was of the view that less recovery occurred due to lack of
oversight mechanism for exercising internal and financial controls.
Audit pointed out less recovery in May 2017, but the Authority did
not reply.
The matter was discussed in the DAC meeting held in January
2018 wherein, NHA explained that the case was under arbitration and
arbitral award was yet to be made a rule of court by competent authority.
Therefore, final recovery would be effected accordingly. DAC directed
NHA to expedite rule of court, effect recovery and get it verified from
Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early recovery.
(DP. 140)
4.4.79 Overpayment due to price adjustment - Rs 9.540 million
As per Para 6.1 of standard procedure and formula of price
adjustment, list of commonly known elements subject to price adjustment
is provided below:
i) Cement;
ii) Steel;
iii) POL (HSD);
iv) Labour Unskilled;
v) Bricks; and
vi) Bitumen.
324
Users of the formula may add, substitute or delete any element as
deemed appropriate. They would then decide on the weightages or
coefficients for the elements.
Audit noted that National Highway Authority (GM North Punjab
Lahore) got executed the work Construction of NH & MP office building
at Babu Sabu Lahore (Package-1) by M/s Zoraiz Engineers (Pvt) Ltd for
Rs 93.359 million against PC-I/estimated cost of Rs 82.765 million with a
stipulated period of two years.
Audit observed that the Authority calculated and paid price
escalation on steel, aluminum and skilled labour which was not admissible
as per PEC clarification. This resulted into an overpayment of Rs 9.540
million.
Audit was of the view that overpayment was due to weak
internal/financial controls.
The matter was discussed in the Departmental Accounts
Committee meeting held in December, 2014 wherein the DAC directed
NHA to get the record verified from Audit.
Compliance to the DAC‟s directive was not made despite lapse of
a period of three years.
Audit recommends early compliance to the DAC‟s directive
besides recovery of overpaid amount.
(DP 343/2014-15)
4.4.80 Unjustified and irregular lease of commercial land without
competition and at lesser rent - Rs 8.996 million
Rule 20 of Public Procurement Rules, 2004 provides that the
procuring agencies shall use open competitive bidding as the principal
method for the procurement of goods, services and works.
325
Audit noted that NHA signed a lease agreement to allot a piece of
commercial land to Miss. Mehwish Amin Khan for petrol pumps in Gujar
Khan in the year 2003 which was remained active upto June 2012.
Audit observed that location of commercial property was changed
on the request of the licensee and the Chairman NHA accorded approval
for the change of location for Gulinno Chowk Gujar Khan to 26 No.
Chungi, Jhangi Syedan near Motorway Chowk Islamabad. 03 kanal 09
marlas commercial land on prime location was allotted on nominal rent.
Cost of land was assessed Rs 25,000 per Marla i.e. Rs 500,000 per kanal
for Jhangi Syedan, Islamabad on which rent was worked out. Commercial
land was allotted on lease without competition and lawful authority. Much
less cost was worked out @ Rs 25,000 per marla whereas, rates for
commercial property in that area were Rs 1,500,000 to Rs 2,000,000 per
Marla. The lease agreement for allotment of commercial land was made
without observing codal rules, by giving undue favour to the
allottee/licensee. This resulted into unjustified/irregular leasing of
commercial land at much lower rent, which was loss to the NHA of
Rs 8.996 million.
Audit was of the view that loss was due to weak internal/financial
controls.
Audit pointed out the loss in September 2017 but the Authority did
not reply.
The matter could not be discussed in the DAC meeting despite
requests made by Audit.
Audit recommends investigation into the matter for fixing
responsibility against the person (s) at fault besides re-assessment of the
actual sale price of commercial land and amendment of lease as per actual
market rates.
(DP 352)
326
4.4.81 Overpayment due to allowing price escalation on un-justified
weightage - Rs 8.395 million
As per PEC standard procedure and formula for price adjustment
March 2009 “C” procedure, each cost element determined as above, shall
be divided by the total amount of Engineer‟s Estimate to determine
various weightage.
Audit noted that the project “Rehabilitation of Kohala
Muzaffarabad Road “S-2” Package-I damaged due to rain and flood 2010
(KM 0+000 to 20+000)”was awarded to M/s Xinjiang Beixin Road &
Bridge Group Co Ltd with the agreement cost of Rs 1,716.002 million.
Audit observed that the weightage of steel provided in Appendix C
as 0.178 by weight. Audit further observed that quantity of steel was
taken in BOQ as 3,000 Ton, but after increasing in scope of work 56% the
quantity of steel utilized at site was 2,833 Ton. This clearly indicates that
the weightage of steel provided in Appendix C was not correct. This
resulted into un-justified payment of escalation of steel items for Rs 8.395
million.
Audit pointed out the violation in September 2015 the department
replied that the bill of quantities had been worked out in the PC-1 by
NESPAK. The inclusion of 3,000 tons of steel by NESPAK in the
globally prepared estimate cannot justify by the PD (S-2) & Supervisory
Consultant. The issue of working out formula for price adjustment March-
2009 “C” procedure each cost elements determined as above, shall be
divided by the total amount of engineer estimate to determine various
Weightage.
In reply it was admitted that excess quantity of steel was taken for
calculation of price adjustment by the NESPAK.
The matter was discussed in the Departmental Accounts
Committee meeting held in January and February 2016, wherein Audit
informed that factor-C of steel was calculated on the basis of 3000 ton
327
steel whereas only 2833 ton steel was utilized despite inclusion of the
additional works. Therefore, factor-C was required to be recalculated for
the price adjustment. The DAC directed that relevant record i.e. engineer‟s
estimate, calculation of factor-C, BOQ, MBs, proof of actual execution
and final bill may be provided to Audit for verification.
Compliance to the DAC‟s directive was not made despite lapse of
two years.
Audit recommends early compliance to the DAC‟s directive
besides recovery of overpaid amount.
(DP. 222/2015-16)
4.4.82 Less recovery of Income Tax on consultant payments -
Rs 5.512 million
As per section 152(1) of Income Tax Ordinance 2001, “Every
person paying an amount of royalty or fees for technical services to a non-
resident person that is chargeable to tax under section 6 shall deduct tax
from the gross amount paid at the rate specified in Division IV of Part I of
the First Schedule”. Further, as per Appendix-E of the contract agreement,
the income tax was to be deducted on gross amount.
Audit noted that NHA awarded the work for consultancy service of
Hassanabadal-Havelian Expressway (E-35) Project at an agreed cost of
Rs 193.374 million vide acceptance letter No.13 dated 02
nd
January, 2015
to M/s Dohwa Eng Co. Ltd.
Audit observed during scrutiny of invoices paid to the consultant
that Income Tax was deducted after the deduction of sales tax from the
gross amount of the invoices whereas as per rule referred above it should
be deducted on gross amount and not on net amount of payment. This
resulted into non-recovery of Income Tax on gross amount of consultant
fee for Rs 5.512 million.
328
Audit pointed out less recovery of income tax in August 2017. The
Authority replied that necessary recovery will be effected in subsequent
invoice and the same will be verified to the audit.
The matter was discussed in the DAC meeting held in November
2017, wherein, NHA explained that recovery has been made. DAC
directed to get the recovery verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
regarding recovery of income tax.
(DP. 52)
4.4.83 Overpayment due to measurement of steel weight on higher
side as compared to the steel actually used in the work -
Rs 4.369 million
According to Rule 10 of GFR (Vol-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.
Audit noted that the work Construction of Takhtbhai Flyover at
Takhtbhai (N-45) was awarded to M/s RMC at agreed cost of
Rs 582,124,070. IPC-16 was paid in March 2017 with total value of work
done Rs 466,248,966.
Audit observed during examination of the sample test reports of
steel by different Engineering Universities that steel of 10 mm to 36 mm
dia was used as under dia/under size/underweight but while making
payment of steel, the weight of steel measured theoretically as per weight
computation table given under respective specification instead of actual
weight as mention in the lab test reports. Due to measurement of steel
329
weight on higher side as compared to the weight of steel actually used in
the project resulted into an overpayment of Rs 4.369 million.
Audit was of the view that the overpayment occurred due to non-
adherence to the provision of government rules/interest of the authority
and ineffective implementation of financial and internal controls.
Audit pointed out the irregularity in August 2017. The Authority
admitted the overpayment and stated that its adjustment would be done in
final bill of the contractor.
The matter was discussed in the DAC meeting held in December
2017, DAC directed that fact finding inquiry be conducted by Material
Engineer (M&E) NHA within one week and report be submitted to Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 99)
4.4.84 Non-recovery of sales tax - Rs 5.410 million
As per Appendix C & D of Consultant Agreement sales tax on
services was required to be deducted @ 15% and it was to be deposited
with Punjab and Khyber Pakhtunkhwa Revenue Authorities immediately
after its deduction at source.
Audit noted during Scrutiny of accounts record of Director (AP)
Hassanabadal-Havelian Expressway E-35 that an agreement for
consultancy services for social safeguard and management consultant
(SSMC) for E-35 (Hassanabadal-Havelian) was signed between NHA and
M/s International Development Consultants (IDC) for Rs 47.277 million
dated 19
th
March, 2015. Audit further noted from computerized statement
of invoices being paid to the consultant that total up to date gross amount
of Rs 36.068 million was paid to consultant.
330
Audit observed that Authority ignored the Government rules and
also agreement clause for deduction of sales tax at source @ 15%. This
resulted into non-recovery of Rs 5.410 million.
Audit was of the view that irregularity occurred due to non-
adherence to the income tax department rules and weak financial controls.
Audit pointed out non-recovery in August 2017. The Authority
replied that necessary recovery would be effected in subsequent invoice
and the same will be verified to the audit
The matter was discussed in the DAC meeting held in December
2017, DAC directed that Member (Finance) will arrange the record. DAC
pended the para for revised reply within 2 days.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive
besides recovery of sales tax from consultant.
(DP. 53)
4.4.85 Non-finalization of the matter regarding embezzlement of GPF
amount - Rs 2.837 million
General Financial Rule-23 (Vol-I) provides that every Government
officer should realize fully and clearly that he would be held personally
responsible for any loss sustained by Government through fraud or
negligence on his part and that he will also be held personally responsible
for any loss arising from fraud or negligence on the part of any other
Government officer to the extent to which it may be shown that he
contributed to the loss by his own action or negligence.
Audit noted during examination of the accounts record of Finance
Section NHA that two employees namely Mr. Mushtaq Ahmad, Assistant
331
Director and Syed Maqsood Hussain Shah, Steno typist embezzled an
amount of Rs 3,867,400 during the period from 14
th
June, 1993 to 30
th
June, 1995.
Audit observed that the amount was embezzled by withdrawing
from NHA Account and depositing it in the Account No.1920-3, opened
unauthorizedly in the Muslim Commercial Bank I-9 Islamabad.
Subsequently, the matter was enquired by the Authority as well as NAB
and an amount of Rs 1.030 million was recovered from Mr. Mushtaq
Ahmad and Syed Maqsood Hussain Shah leaving a recoverable balance of
Rs 2.837 million. NAB, Rawalpindi after death of Mr. Mushtaq Ahmad
(accused) and acknowledged recovery from Syed Maqsood Hussain Shah
(accused) abated the inquiry proceedings and reached at logical end.
Thereafter, NHA submitted the matter to NHA Executive Board for
writing off the loss of Rs 2.837 million. The NHA Executive Board
decided to defer the matter for obtaining the views of Law & Justice
Division. The matter was yet to be finalized
Audit was of the view that occurrence of embezzlement and non-
finalization of the embezzlement case so far was due to inefficiency of the
supervisory staff and lack of administrative, financial and internal
controls.
The matter was discussed in the DAC meeting held in January
2015 wherein the DAC directed to forward the case to Executive Board
for writing off. DAC pended the para.
Compliance to the DAC‟s directive was not made despite lapse of
a period of three years.
Audit recommends early compliance to the DAC‟s directive.
(DP. 464/2014-15)
332
4.4.86 Wasteful/irrelevant expenditure from project account -
Rs 2.064 million
As per para 10(i) of General Financial Rules, every public servant
is expected to exercise the same vigilance in respect of expenditure from
public money, as a person of ordinary prudence would exercise in respect
of expenditure of his own money.
Audit noted that National Highway Authority awarded two
contracts for Up-gradation, Widening & Improvement of Zhob-Mughalkot
Section of NHA N-50, (Lot-1, Zhob-Killi Khudae-Nazar) to M/s LIMAK-
ZKB JV for an agreement cost of Rs 4,803.218 million and (Lot-II, Killi
Khudae-Nazar to Mughalkot) to M/s Maqbool-Zarghoon (JV) for an
agreement cost of Rs 4,043.635 million on 14
th
January, 2016.
Audit observed that the Authority paid an amount of Rs 2,064,937
to M/s Midas Communication Pvt Ltd on account of Ground Breaking
Ceremony of the Up-gradation, Widening & Improvement of Zhob-
Mughalkot Section of NHA N-50 through Voucher No. 03 dated 24
th
May,
2016. Half page and Quarter page advertisements were published in Daily
Jung, The News, The Dawn and Express through such expenditure. Audit
was of the view that publication of such material in press through a project
which is funded through loan is unjustified and against the cannons of
financial propriety. This resulted in wasteful/irrelevant expenditure of
Rs 2.064 million.
Audit was of the view that irregularity was due to weak
internal/financial controls.
Audit pointed out the issue during September-October 2017. The
Authority did not reply.
The matter was discussed in the DAC meeting held in December
2017, wherein, DAC pended the para for detailed justification of the
expenditure.
333
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 252)
334
CHAPTER 5
PAKISTAN PUBLIC WORKS DEPARTMENT
AND
ESTATE OFFICE
(MINISTRY OF HOUSING AND WORKS)
5.1 Introduction
(A) Pakistan Public Works Department
Pakistan Public Works Department (Pak PWD) is an attached
department of the Ministry of Housing and Works. The department is
responsible for construction and maintenance works (Buildings and
Roads) of the Federal Government. It is headed by a Director General. The
Director General is assisted by a Chief Administrative Officer who deals
with administrative matters. There are four Chief Engineers for North,
South, West and Central Zones in the country. They are assisted by
Superintending Engineers and Executive Engineers / Assistant Executive
Engineers. The matters relating to planning are dealt by the Chief
Engineer (Planning). The accounts of the Pak. PWD are departmentalized.
The Budget and Accounts matters are dealt with by the Director, Budget
and Accounts. Appropriation Account and Finance Accounts are prepared
annually by Director, Budget and Accounts. Divisional office is the basic
accounting unit of the department and is headed by the Executive
Engineer. All payments relating to work done and supplies are made in the
divisional offices.
Detailed estimates are prepared at the sub-divisional level and
technically sanctioned by the Executive Engineers, Superintending
Engineers or the Chief Engineers according to their competency. Pre-audit
is carried out by the Divisional Accounts Officers on behalf of the
Director, Budget and Accounts who is responsible for maintaining the
335
accounts of the department. Divisional Accounts Officers are also co-
signatory of the cheques with the Executive Engineers.
5.2 Comments on Budget and Accounts (Variance Analysis)
Three Federal Grants 49-Civil Works, 51-Federal Lodges and
143-Capital Outlay on Civil Works relate to Pak. PWD. The table below
shows the position of budget allocation and actual expenditure for the
financial year 2016-17 in respect of Pak. PWD:
(Rs in million)
Type of
Funds/Grants
Final
Grant
Actual
Expenditure
Excess/
(Saving)
Excess/
(Saving)
in %
Non-Development
49-Civil
Works
3,675.440
3,619.582
(55.858)
(1.52%)
51-Federal
Lodges
88.773
89.299
0.526
0.59%
Sub-Total
3,764.213
3,708.881
(55.332)
(1.47%)
143-Capital
Outlay on
Civil Works
12,426.916
11,386.729
(1,040.187)
(8.37%)
Grand Total
16,191.129
15,095.610
(1,095.519)
(6.77%)
The total budget allocation for the year 2016-17 in non-
development and development grants was Rs 16,191.129 million against
which an expenditure of Rs 15,095.610 million was incurred. There was a
saving of Rs 1,095.519 million representing 6.77% of total budget
allocation. The main reason for saving was less utilization of development
grant.
Audit observed that supplementary Grant of Rs 6,759.984 million
and surrendered of Rs 130.145 million were made before cut-off date.
Further, supplementary Grant of Rs 2,219.475 million were made after
cut-off date in violation of rule 95 of General Financial Rules (Vol-I) and
336
para 2 (ii) and (iii) of Finance Division (Expenditure Wing) letter No.F-
5(3) Exp-III/2009 dated 10
th
April, 2010 as under:
(Rs in million)
Grant No. &
Description
Original
Grant
Supplementary Grant
Surrender
Amount
withheld
(Not
Released)
Final Grant
Before
cutoff date
After
cutoff
date
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(2+3+4-5-6)
Before
After
49-Civil Works
3,400.983
194.445
82.513
-
-
2.501
3,675.44
51-Federal Lodge
82.536
0.001
6.237
-
-
0.001
88.773
Sub-Total
3,483.519
194.446
88.75
-
-
2.501
3,764.213
139-Capital Outlay
6,794.553
6,565.538
2,130.725
130.145
-
2,933.755
12,426.916
Grant Total
10,278.072
6,759.984
2,219.475
130.145
-
2,936.256
16,191.129
Original allocation under Grant No. 49-Civil Works for the financial
year 2016-17 was Rs 3,400.983 million. The department received a
supplementary grant of Rs 276.958 million which was 8.14% of the
original grant. The department withheld an amount of Rs 2.501
million. The final grant came to Rs 3,675.440 million against which an
expenditure of Rs 3,619.582 million was incurred. There was a saving
of Rs 55.857 million which was 1.52% of the final grant.
In Grant No. 51-Federal Lodges, original allocation for the financial
year 2016-17 was Rs 82.537 million. The department received a
supplementary grant of Rs 6.238 million which was 7.55% of the
original grant. The department withheld an amount of Rs 0.001
million. The final grant came to Rs 88.773 million against which an
expenditure was Rs 89.299 million was incurred. There was an excess
expenditure of Rs 0.526 million representing 0.59% of the final grant.
Under Grant No. 143-Capital outlay on civil works, original allocation
was Rs 6,794.553 million during financial year 2016-17.
Supplementary grants of Rs 8,696.263 million were received. An
amount of Rs 130.145 million was surrendered before the target date.
The department withheld an amount of Rs 2,933.755 million during
the financial year 2016-17. The final grant/appropriation came to
337
Rs 12,426.916 million against which an expenditure of Rs 11,386.729
million was incurred which constituted the 91.63% of the final grant.
There was a saving of Rs 1,040.186 million which was 8.37% of the
final grant.
Above variance analysis showed that department utilized
development grant lesser than the available budget resulting delay in
transfer of inherent benefits to the public.
Receipts
(Rs in million)
Head of
Account
Estimated
Receipts
Actual
Receipts
Less
%age Less
Recovery
adjusted in
reduction of
expenditure
400.00
120.541
279.459
69.86%
As per original estimates for 2016-17, miscellaneous receipts were
estimated for Rs 400.00 million against which Rs 120.541 million was
collected by Director Budget and Accounts (DBA), Pak. PWD,
representing 69.86% less than the budgeted receipts. Above state of affairs
indicated that targets of receipts collection were not achieved successfully.
(B) Estate Office
Estate Offices situated at Islamabad, Lahore, Karachi, Quetta and
Peshawar are under the administrative control of the Ministry of Housing
and Works. These offices deal with allotment of government-owned
accommodations, properties, recovery of rent, etc. from the
allottees/occupants. The Estate Office management includes an Estate
Officer assisted by Joint Estate Officers at the four provincial offices.
Grant No. 50 relates to Estate Offices.
Budget allocation and expenditure of Estate Offices for the year
2016-17 is tabulated below:
338
(Rs in million)
Original
Grant
Final
Grant
Expenditure
Excess/
(Saving)
%
138.103
132.893
118.082
(14.818)
(11.15%)
Final Grant was Rs 132.893 million, against which an expenditure
of Rs 118.082 million was incurred resulting into saving of Rs 14.818
million which was 11.15% of Final Grant.
Receipts
(Rs in million)
Head &
Description
Estimated
Receipt
Actual
Receipt
Excess/
(Shortfall)
%
C 02701
Works Building
Rent
520.00
104.015
(415.985)
(80%)
The buildings rent recovery of Rs 520.00 million was estimated
against which an amount of Rs 104.015 million was collected by the
Estate Offices, which was 80% less than the estimated receipt.
5.3 Brief comments on the status of compliance with PAC’s
directives
Compliance position of PAC‟s directives on Audit Reports relating
to Pakistan Public Works Department/Estate Offices as under:
Year
Total
Paras
No. of
Paras
Discussed
Compliance
Made
Compliance
Awaited
Percentage
of
Compliance
1985-86
06
06
01
05
16.67
1986-87
02
02
01
01
50.0
1987-88
09
09
01
08
11.11
1 SAR
1 SAR
-
1 SAR
-
1988-89
1 PAR
1 PAR
01
-
100
1989-90
37
37
13
24
35.13
1PAR
1PAR
-
1PAR
-
339
Year
Total
Paras
No. of
Paras
Discussed
Compliance
Made
Compliance
Awaited
Percentage
of
Compliance
1990-91
17
17
15
2
88.24
1 PAR
1 PAR
-
1 PAR
-
1991-92
63
63
18
45
28.57
1 PAR
1 PAR
-
1 PAR
-
1992-93
50
50
45
05
88.23
1 PAR
1 PAR
-
1 PAR
-
1993-94
64
64
31
33
48.44
1994-95
24
24
15
09
62.5
1995-96
24
24
15
09
62.5
1996-97
69
69
50
19
72.46
1997-98
176
176
128
48
72.72
1 SAR
35
33
02
94.29
1998-99
175
175
89
86
50.85
1999-
2000
106
106
69
37
65.09
2000-01
60
60
48
12
80.00
2001-02
32
32
28
04
87.50
2002-03
9
9
3
6
33.33
2003-04
21
21
14
07
66.66
2004-05
18
18
07
11
38.89
2005-06
38
38
19
19
50.00
2006-07
45
45
16
29
35.53
2007-08
27
27
10
17
37.03
2008-09
29
29
21
08
72.41
2009-10
09
09
04
05
44.44
2010-11
64
51
20
44
31.25
2013-14
77
37
09
68
11.68
2015-16
28
28
-
28
-
Note: Audit Reports for 2011-12, 2012-13, 2014-15 and 2016-17 have not
been discussed by PAC till the finalization of this Audit Report. Audit
Report for the year 2013-14 has been partially discussed. SAR stands for
Special Audit Report and PAR for Performance Audit Report.
340
5.4 AUDIT PARAS
Irregularity and Non-compliance
5.4.1 Award of works at higher rates - Rs 229.216 million
According to Rule 10 (i) of General Financial Rule (GFR)
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. Further the rate of the item “excavation / cutting in ordinary soil
was provided in Market Rates System 2017 of Khyber Pakhtunkhwa as
Rs 2.53 per cft, whereas the rate of that item in the Pak PWD Schedule of
Rates, 2012 was Rs 4.36 per cft.
PPRA Rule-33 provides that procuring agency may reject all bids
or proposals at any time prior to the acceptance of a bid or proposal. The
procuring agency shall upon request communicate to any supplier or
contractor who submitted a bid or proposal, the grounds for its rejection of
all bids or proposals but is not required to justify those grounds.
Audit noted that the Executive Engineer Central Civil Division -II,
Pak PWD Peshawar called tenders for three (03) road works in District
Shangla during December, 2015. In the bidding process 7 to 11
contractors participated and works were awarded to M/s Upsum builders
at 45% below. Audit further noted that the department called tenders for
the work “Development schemes (NA-31) District Shangla (SH:
construction/ Improvement of 25 roads) from prequalified contractors
wherein only three (03) bidders participated and work was awarded to M/s
Khattak Allied construction Co. at 2% below the NIT. Further, the tenders
for 43 road works were called from prequalified contractors and in each
case three (03) contractors participated and works were awarded during
April to June 2017 at 1% to 3% below the NIT.
Audit observed that if open tenders were called, most economical
rates should have been achieved. The situation indicates that fair
341
competition was not made and works were awarded to prequalified
contractors at higher rates resulting in excess expenditure of Rs 229.216
million.
Audit pointed out the award of works at higher rates during
August, 2017. The department replied that the rates of the contractors
were analyzed and found well within T.S estimate.
The reply was not accepted because there was a huge difference
between the rates but the department simply replied that rates were
analyzed and found within the T.S estimate. The department did not
furnish detailed reply with justification.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department to submit detailed
justification to Audit for verification.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 79)
5.4.2 Non-recovery of Mobilization Advance - Rs 95.968 million
As per clause 60.11 (Financial Assistance to contractor) of
Particular Conditions of Contract:
(a) An interest-free mobilization advance up to 15% of the contract
price stated in the letter of acceptance shall be paid by the
Employer to the contractor in two equal parts upon submission by
the contractor a mobilization advance guarantee/bond for the full
amount of the advance in the specified form from an insurance
company acceptable to the Employer.
342
(b) This advance shall be recovered in equal installments, first
installment at the expiry of third month after the date of payment
of first part of advance and the last installment two months before
the date of completion of the works as per clause 43 hereof.
Audit noted that the Executive Engineers, Pak PWD Gujranwala
and Lahore awarded four works to the contractors during the year 2009
and 2010 and paid mobilization advance of Rs 209.501 million as below:-
(Amount in million)
DP
No
Name of Work
Work
award
year
Mobilization
Advance
paid
227
Widening/Improvement of Road from
Gillwala to Ghumanwala via Botala
Jhanda Singh and Qilla Dedar Singh
District Gujranwala
2010
38.626
Widening/Improvement of Road from
Eastern Bypass (Pipliwala) to Tatlay
Wali via Emanabad District Gujranwala
2010
14.321
237
Construction of metalled road from
Kanganpur to Ganda Singh wala Dist.
Kasur Phase-I and Phase-II
2009
78.053
Widening/ Improvement of metalled
road from Kot Radha Kishan to Pajian
bypass” Phase-I and Phase-II
2009
78.501
Total
209.501
Audit observed that mobilization advance amounting to
Rs 95.968 million was still recoverable from the contractors despite lapse
of eight years. This resulted in non-recovery of mobilization advance of
Rs 95.968 million. Audit further observed that in case of works pertaining
to Gujranwala mobilization advance bonds guarantees were also expired
in 2013.
Audit was of the view that non-recovery of mobilization advance
was due to weak internal controls.
343
Audit pointed out the non-recovery in October 2017. The
department replied that the mobilization advance was paid to the
contractors as per clauses of the agreement and its recovery was to be
made as per progressive payments. The payment remained stopped due to
non-availability of funds, therefore the apparent deferment of recovery
was consequential and not a fault of the department. The work is in
progress and remaining amount shall be recovered in the next bills before
completion.
The contention of the department was not acceptable because, a
huge amount was under the utilization of the contractors since 2009
resulting in an undue financial benefit to the contractors.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department to pursue recovery and
share the outcome with Audit. In cases of works pertaining to Lahore, the
DAC directed the department to get the record verified that recovery of
advance is being made as per schedule.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 227, 237)
5.4.3 Irregular award of work - Rs 94.799 million
As per Clause-38 of PPRA Rule 2004 “the bidder with the lowest
evaluated bid, if not in conflict with any other law, rules, regulations or
policy of the Federal Government, shall be awarded the procurement
contract, within the original or extended period of bid validity”, and as per
clause-30 all bids shall be evaluated in accordance with the evaluation
criteria and other terms and conditions set forth in the prescribed bidding
documents. Same as provided for in sub-clause (iv) of clause (c) of rule 36
no evaluation criteria shall be used for evaluation of bids that had not been
specified in the bidding documents.
344
Audit noted that Executive Engineer Central Civil Division-VII
Pak PWD, Islamabad awarded a work “Establishment of Federal College
of Home Economics & Management Sciences for Women at Sector F-11/1
Islamabad (Sub-Head) Admn Block Multipurpose Hall Entry Hall” against
agreement amount of Rs 94.799 million.
Audit observed that M/s Zeshan Enterprises quoted premium 127%
above, and M/s Khanz Engineering & Contractor (Pvt.) Ltd quoted
premium 129% above. The work was awarded to M/s Khanz with the
reasons that M/s Zeshan left blank the M&R part of the work in bidding
documents. The department meant it as 127% above whereas M/s Khanz
quoted “AT PAR” against M&R portion, therefore, on technical grounds
M/s Khanz became the first lowest. As no criteria in the bidding
documents was mentioned, therefore, the award of work to 2
nd
lowest
bidder was irregular.
Audit pointed out the irregularity in September 2017. The
department did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed that inquiry report already conducted by
the department may be examined by the Director General PPWD and
outcome/comments be shared with Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP 104)
5.4.4 Unjustified advance payment - Rs 53.758 million
Para 208 and 209 of Central Public Works Account Code states
that payment for all work done otherwise than by daily labour and for all
supplies are made on the basis of measurement recorded in Measurement
345
Book (M.B). As all payments for works or supplies are based on the
quantities recorded in the Measurement Book, it is incumbent upon the
person taking the measurement to record the quantities clearly and
accurately. He will also work out and enter in the M.B, the figures for the
“contents or area” column. Measurement Book, a reliable record is the
object to be aimed at as it may have to be produced as evidence in a Court
of Law.
Audit noted that the Executive Engineer, Project Civil Division-II
Pak. PWD, Islamabad awarded different works to the various contractors
at an agreed amount of Rs 57.472 million. Audit further observed that the
Executive Engineer Central Civil Division-II Pak PWD Islamabad
awarded the work Construction of NAB Headquarter Building at G-5/1
Islamabad to M/S Shah Zaman (Pvt) Ltd at an agreement cost of
Rs 449.902 million.
Audit observed that the works related to PCD-II were awarded in
the last month of financial year 2016-17. Funds of these schemes were
also released in last week of June 2017. The department made payment of
Rs 41.518 million to the contractors in the shape of mobilization advance
and work done but not measured, only to provide financial benefit to
contractors as well as to utilize the budget to avoid lapse of funds. Audit
further observed that in case of Construction of NAB Headquarter,
payment of Rs 12.210 million was made to the contractor on account of
work done but not measured. This resulted in unjustified advance payment
of Rs 53.758 million.
Audit was of the view that unjustified advance payment was due to
weak internal controls.
Audit pointed out the unjustified advance payment in September
2017. The department did not reply in case of PCD-II. In case of CCD-II,
the department replied that the measurements of the item under
observation have since been done, verified by the Consultant and will be
adjusted on receipts of funds during the current financial year 2017-18.
The department admitted the irregularity.
346
The matter was discussed in the DAC meeting held in January
2018, wherein, the department explained in case of PCD-II, that work was
executed but could not be inspected in short spell. Therefore, payment was
made and measurement was recorded in detail after June 2017. DAC
directed the department to get the record verified from Audit.
In case of CCD-II, the department explained that the actual amount
paid to the contractor was much less than the work executed at site to
maintain the smooth progress of the work. The paid amount was measured
and adjusted in the next running bill. DAC directed the department to get
the record verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 191, 178)
5.4.5 Irregular award of work due to excess over PC-I -
Rs 25.533 million
According to para 9.1 of Guidelines for Project Management, after
the approval of the project, the executing agency implements the project
according to the provisions of PC-I. There is no need for revision of PC-1
if completion cost is within the permissible limit of 15% of the approved
cost and scope of the project as approved in the PC-I
Audit noted that the Executive Engineers, Project Civil Division-II
Pak. PWD, Islamabad and Central Civil Division Abbottabad awarded two
works valuing Rs 51.714 million to the contractors.
(Amount in million)
DP
No
Division
Name of Work
PC-I
Cost
Award
Amount
Excess
%age
188
CCD-II
Islamabad
Establishment
of Inland
Revenue Office
at Chakwal
15.473
20.013
29.34%
347
DP
No
Division
Name of Work
PC-I
Cost
Award
Amount
Excess
%age
09
CCD
Abbottabad
Bridge
10.708
31.701
196%
Total
26.181
51.714
Audit observed that as per PC-I total cost of the works was
Rs 26.181 million whereas the department awarded the works for
Rs 51.714 million over and above the PC-I cost. This resulted in irregular
award of works involving excess of Rs 25.533 million.
Audit pointed out the irregularity in September 2017. The
department replied in case of DP 09 that the estimate was prepared and got
technically sanctioned from competent authority according to the site
situation and requirement of the inhabitants of the area. Furthermore the
payment against the work done was released up to the available funds
whereas the revised PC-I was forwarded for accord of approval, which
would be shown to audit in due course of time. In other case, the
department did not furnish reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC pended the para till approval of revised PC-I in
case of DP 188.
In case of DP 09, the DAC was not satisfied with the reply of the
department and directed the department to submit comprehensive reply
giving justification.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
348
5.4.6 Unjustified payment - Rs 27.113 million
According to Land Acquisition Manual whenever it appears to the
Collector of the District that land in any locality is needed or is likely to be
needed for any public purpose or for a Company, a notification to that
effect shall be published in the official gazette, and the Collector shall
cause public notice of the substance of such notification to be given at
convenient places in the said locality.
Audit noted that the Executive Engineer, Project Civil Division-II
Pak. PWD, Islamabad made a payment of Rs 27.113 million directly to the
owners of land at Murree and Attock for establishment of Inland Revenue
Offices.
Audit observed that the department has made payment directly to
the owner of land without observing the criteria referred above. Further,
no record i.e. DCO rates of land along with mutation in the name of
department were found attached with the vouchers.
Audit pointed out the unjustified payment in September 2017. The
department did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC explained that a Committee was constituted by
the FBR for purchasing land in both the cities. On the recommendation of
the Committee duly vetted / approved by the FBR, this office was directed
to pay the cost of land to concerned owner through FBR. as such, this
office has only honoured the direction of FBR in this regard.
The DAC directed the department to justify the payment duly
substantiated with rates of land determined by authorized source.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 192)
349
5.4.7 Unauthentic payment without recording detailed measurement
of work in Measurement Book - Rs 10.196 million
As per Para 208 of Central Public Works Accounts Code,
payments for all work done are made on the basis of measurements
recorded in the Measurement Book (Form 23) in accordance with the rules
in Para 209 of CPWA Code. The Measurement Books should, therefore,
be considered as very important accounts record. Para 209(b) states that all
measurements should be neatly taken down in a Measurement Book.
According to Para-209 (d) of CPWA Code all payments for work
done or supplies are made on the basis of quantities recorded in the
measurement book. It is incumbent upon the person taking measurements
to record the quantities clearly and accurately. He should also work out
and enter in the measurement book the figure for the contents or area
column.
Audit noted that the Executive Engineer Central Civil Division-II
Pak PWD Islamabad awarded a work “Construction of Ancillary works
for conference room and offices at Prime Minister House Islamabad” on
13
th
April, 2017 with agreement cost of Rs 139.833 million. Audit further
noted that department executed two (02) additional items i.e. providing
and fixing of fountains etc. & False ceiling (first floor)
providing/installing tiles handmade etc. and payment of Rs 10.196 million
was made to the contractor against the execution of said additional items
of work.
Audit observed that measurement of said items were not recorded
in the measurement book and lump sum quantities were recorded in the
abstract of bill for the payment purpose. Audit further observed that said
items were executed through post bid changes and rate analysis of both
items were also not produced to audit. This resulted in an unauthentic
350
payment due to non- recording of detailed measurement for Rs 10.196
million.
Audit pointed out the irregularity in September 2017. The authority
replied that the detailed measurement was recorded in the measurement
books. The reply was not acceptable because abstract of cost instead of
detailed measurement was recorded in the measurement book.
The matter was discussed in the DAC meeting held in January
2018, wherein, the department reiterated its previous stance. DAC directed
the department to get the record verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 187)
Internal Control Weaknesses
5.4.8 Overpayment due to non-application of price adjustment
clause - Rs 716.623 million
Clause 70.1 of the contract agreement provides that the amounts
payable to the contractor shall be adjusted in respect of rise or fall in the
cost of labour, material and other input to the works by applying to such
amount according to prescribed formula.
Audit noted that various divisions of Pak PWD executed six (06)
building and road works during the financial year 2016-17 as below:-
(Rs in million)
S
No
DP
No.
Division
Name of Work
Amount
1
137
CCD-V Islamabad
Mandra Chakwal project
535.140
2
-do-
Sohawa Chakwal project
164.369
3
63
CCD Muzaffargarh
Musa Khil Taunsa Road
10.928
4
193
PCD-II Islamabad
Training Block in H-11/1
Islamabad
4.293
351
S
No
DP
No.
Division
Name of Work
Amount
5
83
CCD-III Peshawar
Construction of warehouse
and sepoy barracks
Peshawar
1.115
6
171
CCD-I Lahore
0.778
Total
716.623
Audit observed that during the execution period, prices of fuel,
steel and bitumen were reduced up to 40% but de-escalation was not
calculated by the department. This resulted in overpayment of Rs 716.623
million.
Audit was of the view that overpayment was due to weak internal
controls.
Audit pointed out the overpayment in August to October 2017. The
department did not furnish the reply.
The matter was discussed in the DAC meeting held in December
2017 and January 2018, wherein, the department explained that escalation
payment bills have been sent to the consultant for verification. The DAC
directed the department to complete the process within one month and get
the record verified from Audit.
In case of DP 83 & 171, the DAC directed that DG PPWD shall
issue instructions to delete clause of price adjustment in contract
agreement below the financial limit of category of C-5 of PEC and
necessary corrections be made in the contract agreement. Compliance be
got verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
352
5.4.9 Unjustified payment of escalation beyond the provision of PC-I
/agreement - Rs 462.811 million
According to Clause 70.1 of the agreement the amount payable to
the contractor, pursuant to sub-clause 60.1 shall be adjusted in respect of
the rise/fall in the cost of labour, materials and others up to the works by
applying such amount according to the formula prescribed in this sub-
clause.
Audit noted that Executive Engineers of various Pak PWD
Divisions executed building and road works during the year 2016-17 and
made payment of Rs 462.811 million on account of escalation to the
contractors as below:-
(Amount in million)
S
No.
DP
No.
Division
Name of Work
Escalation
Paid
1
177
CCD-II
Islamabad
Construction of NAB
Headquarter Building at G-
5/1 Islamabad
159.065
2
233
CCD-II
Lahore
Construction of metaled road
from Kanganpur to Ganda
Singh wala Dist. Kasur
Phase-I & II
143.637
3
-do-
-do-
Widening/Improvement of
metaled road Kot Radha
Kishan to Pajian bypass
Phase-I & II
4
212
CCD
Bahawalpur
79.583
5
221
CCD
Gujranwala
Widening & Improvement of
Bucheki to Sial More via
Syed Wala Bridge (40 KM)
and Pacca Qilla to Bara Garh
(42 KM)
49.366
6
209
CCD-VIII
Islamabad
Project to resolve traffic
problems at Railway Road /
Level Crossing Intersection at
Gujar Khan
31.160
Total
462.811
353
Audit observed that provision of price escalation did not exist in
the contract agreements/PC-I of the said works. Hence, without provision
of such condition, payment on account of escalation stood unjustified
amounting to Rs 462.811 million.
Audit was of the view that unjustified payment was due to weak
internal controls.
Audit pointed out the matter in September - October 2017. The
department replied in one case that provision of price escalation in the
revised PC-I had been approved by the competent forum. The reply was
not acceptable because provision of escalation was a result of post bid
amendment.
In case of DP-233, the department replied that the administrative
approval was issued for these works with the condition to provide funds
within 12 months and thereafter the amount of escalation was deleted
“conditionally”. The complete funds for the said projects could not be
provided even after lapse of eight years till date. The price
variation/escalation was a time dependent factor which came into force
due to lapse of the department/Government to provide funds as committed
in administrative approval. The payment of price variation was not
dependent on its provision in PC-I rather it was a time dependent factor.
The departmental reply was not acceptable because the schemes
were approved by the CDWP by deleting the escalation amount from the
PC-I. The department did not furnish reply in other cases.
The matter was discussed in the DAC meeting held in December
2017, wherein, the DAC directed the department to fix responsibility
against the person at fault and call explanation in case of DP. 177.
In case of DP.212, the department explained that provision has
been included in the revised PC-I which is under approval.
354
Audit contended that base rate of bitumen taken by the department
was for bulk bitumen but the current rate adopted by the department for
calculation was pack bitumen. Moreover, base rate for labour was
incorrectly applied.
The DAC pended the para till approval of revised PC-I and
directed the department to get the record verified that price escalation was
calculated in accordance with the instructions of PEC.
In case of DP.209, the department explained that approval of the
revised PC-I and revised TS estimate on completion of the work has been
accorded by the competent authority through which the amount paid to the
contractor against the BOQ items, extra item and escalation stands
approved. The escalation has been paid in accordance with contractual
obligation.
DAC directed that a Fact Finding Inquiry may be conducted at
Ministry level.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to DAC‟s directive.
5.4.10 Irregular expenditure on work charged establishment -
Rs 429.269 million
According to standard formula work charged staff for maintenance
allocated at 25 percent of the total maintenance expenditure on A133-
Building and Structure should have been incurred in accordance with
following proportion:-
i. Work by contract 65%
ii. Work Charged Staff 25%
iii. Material 10%.
355
Para 2.03 (a) & (b) of Pak. PWD Code required that the work
charged establishment should include such establishment as was employed
upon the actual execution, as distinct from the general supervision of a
specific work. The work charged establishment should not be engaged on
any work unless provided for in the estimates as a separate sub-head for
the estimate for that work.
Audit noted that the Executive Engineers of six (06) Pak PWD
Divisions made payment of Rs 429.269 million on account of pay &
allowances of work charged establishment.
(Amount in million)
S No
DP No
Division
Amount
1
203
CCD-VIII Islamabad
142.468
2
253
CCD -IV Islamabad
87.202
3
48
CE/M-I Karachi
74.150
4
194
PCD-II Islamabad
59.940
5
245
CCD-II Lahore
54.741
6
219
CCD Gujranwala
10.768
Total
429.269
Audit observed that the expenditure was charged to maintenance
grant without observing ratio of manpower requirement in the
maintenance cost i.e. at the rate of 25% of total maintenance cost of
building as per standard departmental practice. The budget specified for
repair & maintenance of government buildings was utilized on salaries of
the work charged staff which remained idle due to non-availability of
material. This resulted in an irregular expenditure of Rs 429.269 million.
Audit was of the view that irregular expenditure was a result of
weak financial and internal control mechanism.
Audit pointed out the irregular/unjustified expenditure in
September to November 2017. The department replied that expenditure
on account of salaries of maintenance staff is inevitable and cannot be
dispensed with as per GFR para 105. The salaries should be promptly
made to the employees. As far as, the expenditure on account of
356
maintenance of building is concerned, the funds were not allocated as per
schedule of demand; therefore expenditure on accounts of salaries was
made in excess of permissible proportion of maintenance viz-a-viz
salaries.
The reply was not acceptable because major portion of the funds
was utilized on salaries of maintenance staff which remained idle due to
non-availability of material.
The matter (DP. 48, 194, 245 and 219) was discussed in the DAC
meeting held in January 2018, wherein, the committee was informed that
the issue was discussed in DAC meeting held in November 2017 while
discussing Para 5.4.13 for 2015-16 wherein DAC directed that the matter
may be taken up with Finance Division, for at-least 10% regularization
from total strength of work charged employees of Pak PWD in the each
financial year. PPWD shall move a summary for further action by
Ministry of Housing and Works. DAC upheld the earlier decision.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
5.4.11 Non-deduction of income tax - Rs 416.818 million
Clause 73.1 of the contract agreement provides that the contractor/
sub-contractor and their employees shall be responsible for payment of all
their income tax, super tax and other taxes on income arising out from the
contract. The rates and prices stated in the contract shall cover all such
taxes.
As per clause 153(1) of income tax ordinance 2001, in case of
execution of contract the rate of income tax was 7.5% during 2016-17.
Audit observed that the Executive Engineer Central Civil Division-
V Pak. PWD, Islamabad made payment of Rs 4,478.034 million to the
357
contractor M/s NLC against the execution of work “Dualization and
Improvement of Mandra Chakwal Road” and Rs 1,079.548 million for the
“Dualization and Improvement of Sohawa Chakwal Road Project” up to
June 2017, but the income tax amounting to Rs 416.818 million was not
deducted from the contractor. This resulted in non-deduction of income
tax of Rs 416.818 million.
Audit was of the view that non-recovery was due to weak
administrative and internal controls.
Audit pointed out the non-recovery in October 2017. The
department replied that as per Government of Pakistan Notification NLC
is exempted from income tax.
The matter was discussed in the DAC meeting held in December,
2017. The DAC directed the department to provide latest exemption
certificate issued by FBR to Audit for verification.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to DAC‟s directive.
(DP. 149)
5.4.12 Excess payment due to taking excessive measurement -
Rs 364.881 million
As per revised PC-I, of “Dualization of and Improvement of
Sohawa Chakwal Road Project” the width of carriage way was 7.30 meter
and width of shoulder was one to two meter (average 1.5 meters).
Para 101.2.1 of NHA specification provides that operation of
clearing and grubbing shall no way be deemed to effect any level or
volume change of area. After cleaning and grubbing, the compaction of
area will be restored to its original level without any extra payment.
358
Revised PC-I of the Project “Dualization and Improvement of
Mandra Chakwal Road provides shoulder width two meter in rural area
and one meter in built up area and kerb stones were also provided on both
side of the shoulder, in rural area. New Jersey barriers were designed in
inner side of the road, and the drain was also provided adjacent to the
road.
As per detail estimate/take off sheets, the thickness of lean
concrete having 1:4:8 ratio was provided as 0.5 foot in basement for
quantity of 76,348 cft (BOQ provision) at the rate of Rs 174 per cft.
5.4.12.1 Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Sohawa Chakwal Road project” at agreement cost of
Rs 4,338.362 million. The contractor was paid 4
th
running bill in June
2017 for work done of Rs 1,079.548 million.
Audit observed that an item 201 Granular Sub-base material was
executed and paid for a quantity of 188,845 Cu.m
@ Rs 1,925 per Cu.m
up
to the 4
th
running bill. The granular sub-base was measured on right and
left side of carriage way for 10 meters wide against the
authorized/designed width of 7.3 meters. Further the same item was
measured on road shoulder taking width of 2.27 meters against average
width of 1.5 meters. Excessive measurement of width 3.47 meters resulted
into excess payment of Rs 101.744 million.
Audit was of the view that the overpayment occurred due to weak
internal and financial control mechanism.
Audit pointed out the excess payment in October 2017. The
department replied that width of carriageway on Asphaltic Concrete
Wearing Course (ACWC) level was 7.3 meter whereas the subsequent
layers of Water Bound Macadam (WBM) were having width 7.56 meter
and 7.86 meter and those of base layers were 8.16 meter and 8.46 meter
for desired confinement as subsequent layers cannot be confined in total
vertical position. Every consecutive layer was having 15 cm offset on both
359
sides in order to give proper slope 1:1 to the road. The reply was not
accepted because the measurement was recorded more than revised PC-I.
The matter was discussed in the DAC meeting held in December,
2017. The DAC directed the department to get the facts/record verified
from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 148)
5.4.12.2 Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Mandra Chakwal Road (64 km) at agreement cost of Rs 4,199.642 million.
Letter of start was issued on 28
th
July, 2014 and the work had to be
completed by 27
th
January, 2016. The 11
th
running bill was paid for in
June 2017 for updated work done of Rs 4,478.034 million.
Audit observed that a quantity of 69,155 Cu.m was measured and
paid under item No.108c at the rate of Rs 475 per Cu.m. The quantity was
measured in the same reaches where the cross sectional measurements
were taken for quantity of 339,783 Cu.m. The whole filling area was
measured by taking cross sectional measurement, further in the same area
measurement made through „Tape‟, which was to be deducted from the
cross sectional measurement instead of adding therein. This resulted in
overpayment of Rs 65.00 million.
Audit was of the view that overpayment occurred due to weak
internal and financial controls.
Audit pointed out the overpayment in October 2017. The
department replied that detailed calculations for built cross sections are
under process and appropriate recovery will be made in next running bill.
360
The matter was discussed in the DAC meeting held in December,
2017. The DAC directed the department to effect due recovery within one
month and get the record verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 152)
5.4.12.3 Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Mandra Chakwal Road (64 km) at agreement cost of Rs 4,199.642 million.
Audit observed that the width of granular sub-base on shoulder
was measured over width of 2.45 meters average against the provision of
1.5 width, both sides of road shoulder were supported by fixing kerb
stone. The width of kerb stone was also included in the total width of
shoulders. Measurement of excessive width of shoulders resulted in
overpayment of Rs 59.656 million.
Audit was of the view that excess payment was made due to non-
adoption of proper technical parameter and weakness of supervision.
Audit pointed out excess payment in October 2017. The
department replied that detailed calculation pertaining to this para is under
process at the Consultant Office and appropriate recovery will be made in
one month.
The matter was discussed in the DAC meeting held in December,
2017. The DAC directed the department to effect due recovery and get it
verified from Audit within one month.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
361
Audit recommends for early compliance to the DAC‟s directive.
(DP. 145)
5.4.12.4 Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Mandra Chakwal Road (64 km).
Audit observed that the road width for laying of water bound
macadam was measured 08 meters for first layer and 7.7 meters for second
layer against the provision of 7.30 meters. The item of water bound
macadam was supported by the road shoulder. In presence of compacted /
DST shoulder and kerb stone, measurement of extended width of carriage
way resulted into excess payment of Rs 42.133 million.
Audit pointed out excess payment in October 2017. The
department did not furnish the reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the department explained that width of carriageway on
ACWC level was 7.3 meter. However, the subsequent layers of WBM
were 7.56 meter and 7.86 meter and those of Base layers were 8.16 meter
and 8.46 meter for desired confinement, as subsequent layers cannot be
confined totally vertically. Every consecutive layer having 15 cm offset on
both sides was provided in order to give proper slope 1:1 to the road as per
X-Section, duly approved by consultant. Thickness was also increased to
correspond to the increased width. The revised PC-I has been approved.
DAC directed the department to get the facts/record verified from
Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 151)
362
5.4.12.5 Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Mandra Chakwal Road (64 km) at agreement cost of Rs 4,199.642 million.
Audit observed that the thickness of sub-base material on the road
shoulder was measured 0.30 meter instead of 0.23 meter. Excessive
measurement resulted in overpayment of Rs 35.898 million.
Audit pointed out the overpayment in October 2017. The
department replied that detailed calculation pertaining to this para is under
process at the Consultant Office and suitable reply will be furnished in one
month.
The matter was discussed in the DAC meeting held in December,
2017. The DAC directed to submit comprehensive reply along with
supporting record to Audit for verification within one month.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 140)
5.4.12.6 Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Mandra Chakwal Road” (64 km).
Audit observed that originally, the width of each lane was
approved 6.20 meter which was revised to 7.30 meters (two lane) The
thickness of granular sub-base was laid 0.30 in two layers (each layer
0.150 meters) but its width was taken on 7.80 meters instead of 7.30
meters. Road shoulders on both sides were also constructed having width
of 2 meters with granular sub-base material. Hence, in the presence of
shoulder on end side of road, excessive measurement of 0.50 meters width
of sub-base material resulted into overpayment of Rs 33.309 million.
363
Audit pointed out the excess payment in October 2017. The
department replied that width of carriageway on Asphaltic Concrete
Wearing Course (ACWC) level is 7.3 m whereas the subsequent layers of
Water Bound Macadam (WBM) are having 7.56 m and 7.86 m and those
of base layers are 8.16 m and 8.46 m for desired confinement as
subsequent layers cannot be confined in total vertical position. Every
consecutive layer is having 15 cm offset on both sides in order to give
proper slope 1:1 to the road. The reply was not accepted because the
measurement was recorded more than revised PC-I.
The matter was discussed in the DAC meeting held in December,
2017. The DAC directed the department to get the facts/record verified
from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to the DAC‟s directive
besides action against person(s) at fault.
(DP. 144)
5.4.12.7 Audit noted that Executive Engineer Central Civil Division-IV
Pak. P.W.D Islamabad awarded a work “Construction of Islamabad High
Court Building at G-5 Islamabad” to M/s Habib Rafique Pvt. Ltd. at
agreement cost of Rs 2,474.049 million with date of start of 10
th
June,
2015. The contractor was paid 20
th
running bill in June 2017 for updated
work done of Rs 1,019.923 million.
Audit observed from lab test report that the actual weight of ½” dia
(4 Nos.) steel was 0.637 lbs per foot against the standard weight of 0.668
lbs (0.303 kg) and 1.502 lbs (0.681 kg per rft). This reflects that weight of
0.0314 lbs and 0.027 lbs per rft was excessively paid for ½” dia and ¾”
dia respectively. Similarly the weight of 3/8” dia and 1” dia steel was also
taken in excess than actual weight as per test report. This resulted into
excess payment of Rs 12.793 million.
364
Audit pointed out the excess payment in November 2017. The
department did not furnish reply.
The matter could not be discussed in the DAC meeting despite the
repeated requests made by the Audit.
Audit stresses upon recovery of overpayment along with
disciplinary action against the person(s) at fault.
(DP. 250)
5.4.12.8 Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Sohawa Chakwal Road project at agreement cost of Rs 4,338.362 million.
Audit observed that the item water bound macadam was measured
for a width of 7.50 meters against admissible width of 7.3 meters.
Measurement of excessive width resulted into excess payment of Rs 6.952
million.
Audit pointed out the excess payment in October 2017. The
department replied that width of carriageway on Asphaltic Concrete
Wearing Course (ACWC) level is 7.3 m whereas the subsequent layers of
Water Bound Macadam (WBM) are having 7.56 m and 7.86 m and those
of Base layers are 8.16 m and 8.46 m for desired confinement as
subsequent layers cannot be confined in total vertical position. Every
consecutive layer is having 15 cm offset on both sides in order to give
proper slope 1:1 to the road. The reply was not accepted because the
measurement was recorded more than revised PC-I.
The matter was discussed in the DAC meeting held in December
2017. The DAC directed the department to get the facts/record verified
from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
365
Audit recommends for early compliance to the DAC‟s directive.
(DP. 153)
5.4.12.9 Audit noted that Executive Engineer Central Civil Division-IV
Pak. PWD Islamabad awarded a work “Construction of Islamabad High
Court Building at G-5 Islamabad” at agreement cost of Rs 2,474.049
million with date of start 10
th
June 2015. The contractor was paid 20
th
running bill in June 2017 for updated work done of Rs 1,019.923 million.
Audit observed that the measurement of the item lean concrete was
taken up to 04 feet thickness against the provided thickness of 0.5 foot
which was up to 700% extra. The extraordinary thickness was measured
and paid without revised drawing and approval of the competent authority.
This resulted in excess payment of Rs 6.345 million.
Audit was of the view that overpayment was made due to weak
internal and administrative control mechanism
Audit pointed out excess payment in November 2017. The
department did not furnish reply.
The matter could not be discussed in the DAC meeting despite the
repeated requests made by the Audit.
Audit stresses upon recovery of overpayment along with
disciplinary action against the person(s) at fault.
(DP. 254)
5.4.12.10 Audit noted that the Executive Engineer CCD Pak PWD
Gujranwala awarded the work “Renovation of residential accommodation
of Cat-I & Cat-II at RTO Gujranwala” to a contractor on 02
nd
June, 2017
with the agreement cost Rs 1.917 million.
Audit observed that the BOQ item Porcelain tile was measured and
paid with the quantity 13,082 sft at the rate of 17,882.39 sft against the
approved quantity of 8,305 sft. Audit further observed the area of Cat-II
366
quarter was provided in the drawing/design and detailed estimate as 1,698
sft per quarter whereas the department measured and paid for 05 Cat-II
quarters with the area of 1,846 sft per quarter instead of 03 quarters.
Excessive measurement resulted in overpayment of Rs 1.051 million.
Audit was of the view that overpayment occurred due to lack of
proper internal and financial control mechanism.
Audit pointed out the overpayment in October 2017. The
department replied that the tenders were invited on the basis of demand of
the client department and the work was awarded to the contractor after
fulfilling of all the formalities related to the rules. During the execution of
the work on the request of the occupants, the client department furnished
the revised requests. All the excessive quantities will be submitted for
approval from the Competent Authority after the completion of work and
before the finalization of accounts of the contractor.
The reply was not convincing because item of work under
observation was executed/measured in excess than provided in the
drawing/design and T.S estimate. Further, item of work was
measured/paid for 05 Cat-II quarters instead of 03 quarters as provided in
the T.S Estimate.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department to get the revised TS
verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP.230)
367
5.4.13 Wasteful expenditure due to abandoned work/non-completion
of works - Rs 271.342 million
Rule 10 of GFR (Volume-I) provides that 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.
5.4.13.1 Audit observed during scrutiny of accounts record of Executive
Engineer CCD-I, Pak PWD, Lahore, that execution of works against 60
PWP-I & II schemes was pending since long even after incurring of huge
expenditure worth Rs 147.036 million on account of execution of partial
work. Audit further observed that mostly schemes as per payment status
were found 80% to 95% complete. Thus, the purpose of the execution of
works approved under PC-I/Administrative Approval, could not be
achieved resulting in the wasteful expenditure amounting to Rs 147.036
million.
Audit held that wasteful expenditure was incurred due to non-
pursuance of the execution of the work timely & according to the
specifications and due to the inadequate internal control system.
Audit pointed out the wasteful expenditure in September/October
2017. The Department did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the department explained that funds were lapsed which had
not been revalidated as yet. Accounts would be finalized after revalidation
and release of funds.
DAC directed the department to pursue revalidation of funds and
submit detailed reply.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 173)
368
5.4.13.2 Audit noted that the Executive Engineer, Central Civil Division,
Pak PWD Gujranwala awarded two works “Widening / Improvement of
Road from Gillwala to Ghumanwala via Botala Jhanda Singh and Qilla
Dedar Singh District Gujranwala” and “Widening/Improvement of Road
from Eastern Bypass (Pipliwala) to Tatlay Wali via Emanabad District
Gujranwala” to a contractor on 28
th
December, 2010 at agreement cost of
Rs 257.506 million and Rs 95.475 million respectively. Total payment of
Rs 52.950 million and Rs 71.356 million was made to the contractor up to
June 2012.
Audit observed that date of start of the works was 28
th
December,
2010 and time for completion of the works was allowed for 24 months and
18 months respectively. Audit further observed that after making payment
to the contractor in June 2012, no work had been executed at site since
2012 by the contractor. As five (05) years had already been elapsed, the
works of these roads are still incomplete. Audit was of the view that
incomplete execution of works at site will be deteriorated with the passage
of time. Due to non-execution of works at site since 2012, the expenditure
incurred of Rs 124.306 million will be gone waste.
Audit pointed out the matter in October 2017. The department
replied that the scheme were abandoned in the next year as unfunded and
no allocation was made till to date, meanwhile the contractor filed a case
in the Court of Law on which the decision is pending. Furthermore, the
revision of the PC-I is in process.
The reply was not convincing as earthwork and Sub-Base/Base
course were executed at the major portion of the roads whereas T.S.T. was
executed at a nominal length of the roads. The execution of work at site
without T.S.T will be deteriorated and gone waste with the passage of time
as a period of five (05) years had already been elapsed. Strenuous efforts
are required to be taken to complete the works without further loss of time.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department to pursue the court case
actively and outcome be shared with Audit.
369
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 229)
5.4.14 Unjustified inclusion of diesel in the component of asphaltic
base course & wearing course worth - Rs 261.006 million
National Highway specification and job mix formula of asphaltic
base course plant mix and asphaltic concrete for wearing course (class-A)
do not contain diesel as a material component of bitumen to be used
therein.
Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Mandra Chakwal Road (64 km) at agreement cost of Rs 4,199.642 million.
The 11
th
running bill was paid in June 2017 for updated value of work
done of Rs 4,478.034 million.
Audit observed that a quantity of 4500 liters and 5400 liters diesel
was included in the rate analysis of the Asphaltic Base Course and
Asphaltic Wearing Course for basic unit of 187.5 Cu.m of both the items.
The project specification i.e. National Highway specification and job mix
formula do not allow to use diesel in bitumen. The ratio of diesel was 28.8
liter per Cu.m whereas the percentage of bitumen was up to 3.9% of the
aggregate material. Same situation was with the item of wearing course
material. This resulted in unjustified inclusion of diesel valuing
Rs 261.006 million in item of bitumen.
Audit is of the view that unjustified payment was made due to lack
of proper internal and financial control mechanism.
Audit pointed out the unjustified payment in October 2017. The
department replied that the lowest bid of M/s National Logistic Cell was
370
compared with NHA, CSR 2014. The comparison revealed that the lowest
bid was 4.281% above NHA CSR-2014. The competent authority
approved the lowest bid of M/s NLC being the lowest bidder and awarded
the execution of Mandra Chakwal Road Project on “design cum build”
basis. NLC claimed the bills on subject items as per approved rates of
contract duly approved by the competent authority. The payment has been
made to the contractor as per agreement. Reply was not accepted because
inclusion of diesel component in the Asphaltic base course and wearing
course was unjustified.
The matter was discussed in the DAC meeting held in December,
2017. The DAC directed that Executive Engineer concerned will brief the
Director Audit Works (Federal) on the issue, along with relevant record
for review.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 139)
5.4.15 Excess payment due to violation of approved design in revised
PC-I - Rs 173.189 million
As per revised PC-I, design of the Rehabilitation of the project
“Dualization and Improvement of Mandra Chakwal Road Project” the
thickness of sub-base material was approved 100 mm on surface of
existing road.
Audit noted that the Executive Engineer Central Civil Division-
V Pak. PWD, Islamabad awarded a work “Dualization and Improvement
of Mandra Chakwal Road (64 km) at agreement cost of Rs 4,199.642
million.
Audit observed that initially the width of road was designed 6.20
meters each lane, one on rehabilitation portion and other additional lane,
which was revised to 7.30 meters wide. The thickness of granular sub-base
371
material was provided 0.10 meter on the existing road and 0.30 meter on
additional lane whereas the thickness of sub-base material in both the
lanes was measured 0.3 meter instead of 0.10 meter on existing road. This
resulted into excess payment of Rs 173.189 million.
Audit was of the view that overpayment was due to weak
internal/financial controls.
Audit pointed out the excess payment in October 2017. The
department replied that width of carriageway on Asphaltic Concrete
Wearing Course (ACWC) level is 7.3 m whereas the subsequent layers of
Water Bound Macadam (WBM) are having 7.56 m and 7.86 m and those
of base layers are 8.16 meter and 8.46 meter for desired confinement as
subsequent layers cannot be confined totally vertically. Every consecutive
layer is having 15 cm offset on both sides in order to give proper slope 1:1
to the road. The reply was not accepted because measurement was
recorded over and above the approved design in the PC-I.
The matter was discussed in the DAC meeting held in December,
2017. DAC directed the department to get the facts/record verified from
Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends that record be got verified in support of
departmental stance or otherwise recovery be effceted.
(DP. 142)
5.4.16 Loss due to non-execution of work through original contractor
- Rs 160.057 million
As per contract agreement drawn with M/s M.Z Awan & Sons it
was liable to execute the work “Construction of New Secretariat Block
Constitution Avenue (S.H HAVC equipment part-II)”. The work was
awarded in November 2010 having value of Rs 194.461 million.
372
As per contract agreement M/s SAASA Corporation Pvt. Ltd &
NFRD (JV) was liable to execute the installation of THYSSEN KRUPP
Germany manufactured 14 numbers lifts at cost of Rs 223.750 million at
New Secretariat Block Islamabad.
5.4.16.1 Audit noted that Executive Engineer Store and Workshop
Division Islamabad, awarded “Construction of New Secretariat Block
Constitution Avenue (S.H HVAC equipment part-II)” vide letter
No.SW/W-191/ dated 11
th
January, 2010 with one year completion period.
Audit observed that the contractor was paid Rs 92.819 million on
account of procurement of chillers and some small equipment against his
contractual obligation of equipment valuing Rs 194.461 million. The
contract was terminated due to dispute of quality of chillers procured by
the contractor. The remaining work was awarded to another contractor at
agreement cost of Rs 186.784 million in July 2016 at 72% above the same
estimated rates. It was pointed out that due to non-execution of work by
the original contractor, the public exchequer had to bear the loss of
Rs 85.142 million due to fluctuation in the value of foreign currency up to
20%.
Audit pointed out the loss in October 2017. The department did not
reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department to submit detailed reply
and get the record verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 157)
373
5.4.16.2 Audit noted that Executive Engineer Store and Workshop
Division Islamabad awarded a work “Construction of New Secretariat
Block (S.H. lifts)” to M/s SAASA Corporation & NFRD (JV) at cost of
Rs 223.750 million. The letter for starting the project was issued on 16
th
August, 2010 with the completion time period of 12 months.
Audit observed that the contractor did not start the work at site due
to dispute about manufacture origin of the lifts. The work remained
suspended up to May 2015. A high level committee under the
Chairmanship of Member (Implementation to Monitoring) Planning
Commission was framed to resolve the issue. The committee
recommended for substitution of lift with Mitsubishi brand China origin
instead of THYSSEN KRUPP Germany to reduce its cost. Later on the
work was retendered and awarded to M/s Riaz & Sons & Merin Pvt. (JV)
at cost of Rs 298.665 million (Rs 199.776 plus 49.50% above) in June
2016. The lifts procured are shown/inspected, but the supporting
documents i.e. bill of entry and technical submittal were not provided to
verify the manufacturer of the lifts. However, had the work been executed
by M/s SAASA Corporation & NFRD, (JV) an amount of Rs 74.91
million would have been saved.
Audit was of the view that loss was due to weak internal and
financial control mechanism.
Audit pointed out the loss in October 2017. The department did not
reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the Department explained that the case was in the court of
law and the Honorable High Court issued decision for re-rendering for the
work. Hence fresh tenders were called in which J.V M/S Riaz & Sons &
M/S Merin (Pvt)) Ltd stood first lowest by quoting rates 49.50% above.
The technical submittal for lifts was approved by M/S NESPAK. The bill
of entry was with M/S NESPAK, which has been obtained.
374
DAC directed the department to provide detailed reply giving
detail of court case/orders, fund position, retendering process, etc. and get
the record verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 161)
5.4.17 Overpayment due to inclusion of higher rate of equipment in
rate analyses - Rs 153.364 million
National Highway Schedule of Rates 2014 provides hire charges of
asphalt mixing plant 80 ton at the rate of Rs 18,178 per hour vide code No.
3055 of the plant and equipment.
NHA Schedule of Rates 2014 provides hire charges of Rs 890 per
hour for bitumen distribution two types (2000 liter) for using in the item of
bitumen prime coat and tack coat.
5.4.17.1 Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Mandra Chakwal Road (64 km) at agreement cost of Rs 4,199.642 million.
Audit observed that the contractor analyzed the rate of asphaltic
concrete base course class B and asphaltic concrete wearing course at the
rate of Rs 19,953 per Cu.m and Rs 20,465 per Cu.m respectively. In the
breakup of rates, the hiring charges of asphaltic mixing plant were
included at the rate of Rs 51,854 per hour against Rs 18,179 per hour as
provided in NHA schedule of rate. The hire charges were extraordinarily
higher than the admissible market rates. This resulted into excess payment
of Rs 144.784 million.
Audit was of the view that overpayment was due to weak internal
and financial controls.
375
Audit pointed out the overpayment in October 2017. The
department replied that the lowest bid of M/s National Logistic Cell was
compared with NHA, CSR 2014. The comparison revealed that the lowest
bid was 4.281% above NHA CSR-2014. The competent authority
approved the lowest bid of M/s NLC being the lowest bidder and awarded
the execution of Mandra Chakwal Road Project on “design cum build”
basis. NLC claimed the bills on subject items as per approved rates of the
contract. The reply was not accepted because higher charges of asphalt
plant in the analysis of rate were included more than the rate provided in
the NHA CSR-2014.
The matter was discussed in the DAC meeting held in December,
2017. The DAC directed that Executive Engineer concerned will brief the
Director Audit Works (Federal) on the issue, along with relevant record
for review.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 143)
5.4.17.2 Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Mandra Chakwal Road (64 km) at agreement cost of Rs 4,199.642 million.
Audit observed that rate of hire charges of a machine i.e. bitumen
distribution two type 2000 liter was analyzed during 2014. The hire
charges of the machine were included as Rs 3,868 per hour in rate
analyzed for 8 hours, whereas the actual hire charges provided in NHA
schedule of rate were Rs 890 per hour. This resulted into extra payment of
Rs 8.580 million.
According to the Audit, the extra payment happened due to weak
internal and financial controls.
376
Audit pointed out the overpayment in October 2017. The
department replied that the lowest bid of M/s National Logistic Cell was
compared with NHA, CSR 2014. The comparison revealed that the lowest
bid was 4.281% above NHA CSR-2014. The competent authority
approved the lowest bid of M/s NLC. NLC, being the lowest bidder and
awarded the execution of Mandra Chakwal Road Project on “design cum
build” basis. NLC claimed the bills on subject items as per approved rates
of contract duly approved by the competent authority. The payment has
been made to the contractor as per agreement. Reply was not accepted
because higher charges of asphalt plant in the analysis of rate were
included more than the rate provided in the NHA CSR-2014.
The matter was discussed in the DAC meeting held in December,
2017. The DAC directed that Executive Engineer concerned will brief the
Director Audit Works (Federal) on the issue, along with relevant record
for review.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 146)
5.4.18 Unjustified payment due to changing mode of hard rock
excavation from blasting to hammering/chiseling - Rs 127.817
million
As per approved NIT by the Chief Engineer (CZ) for
Rs 72.197 million and contract agreement the item regarding excavation
or cutting in hard rock by hammering and chiseling was provided for zero
quantity and item regarding excavation or cutting by blasting was
provided for a quantity of 3,405.13 Cu.m. It meant that under this contract
hard rock excavation was to be carried out only by the mode of blasting.
Audit noted that the work Construction of Musa Khil Taunsa Road
(35 KM) stretch to be constructed and linked with Zhob (remaining work)
377
(Package-I) was awarded at agreed cost of Rs 296.010 million. The 20
th
running bill was paid in June 2017 with total value of work done of
Rs 575.693 million.
Audit observed that the item regarding hard rock excavation by
hammering/chiseling was measured for a quantity of 225,677.48 Cu.m and
paid at the rate of Rs 394.66 per Cu.m. Audit further observed that not a
single cubic meter of rock excavation by blasting was measured/paid
despite the existence of the provision of the same item/mode in the
NIT/Contract agreement. Moreover, reasons for changing the mode of
excavation of hard rock from blasting to hammering/chiseling was not
forthcoming from the produced record. Had the excavation of hard rock
been made by mode of blasting instead of hammering/chiseling the
payment worth Rs 127.817 million would have been avoided.
Audit was of the view that the unjustified payment occurred due to
non-adherence to the provision of NIT/contract agreement and lack of
technical, financial and internal controls.
Audit pointed out the unjustified payment in September 2017. The
department did not furnish the reply.
The matter was discussed in the DAC meeting held in December,
2017 wherein the department explained that blasting was not allowed by
the district coordination officer due to law and order situation. Therefore,
excavation in hard rock was carried out by hammering/chiseling. DAC
directed the department to provide proof of correspondence with DCO.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 59)
378
5.4.19 Overpayment due to non-adjustment of sorting and stacking
cost - Rs 127.134 million
As per nomenclature of the hard rock excavation item by
hammering and chiseling, the excavated material was to be sorted/stacked.
It meant that the excavated hard rock material should have been utilized in
the other stone related items.
According to the instructions issued by the DG office Pak PWD
vide letter No. SE(S/R&C)/Schedule/R/2004 dated 25
th
June, 2014 in
compliance to DAC‟s directive held in June 2014, sorting and stacking
cost was required to be deducted from the payment of soft rock excavation
item.
Audit noted that remaining work of “Construction of Musa Khil
Taunsa Road (35 KM) (Package-I)” was awarded at agreed cost of
Rs 296.010 million and original work was awarded to M/s NPI
Construction & Engineering at agreed cost of Rs 456.583 million.
Audit observed that the items regarding soft and hard rock
excavation (including sorting and stacking) were measured for quantity of
231,324.95 Cu.m and 443,576.62 Cu.m and paid at the rate of Rs 159.63
per Cu.m and Rs 394.66 per Cu.m along with premium of 310% and 62%
respectively. Audit further observed that rate of sorting and stacking to the
extent of Rs 43.28 per Cu.m against soft rock and Rs 78.31 per Cu.m
against hard rock was not adjusted while making payment to the
contractor because there was no need to sort and stack the excavated
material as excavated material was not used in any item of work so far
except 5,996.23 Cu.m quantity of stone was supposed to be used in the
item of un-coursed rubble masonry.
Due to non-reducing/adjusting the composite rate of soft rock and
hard rock contractors were overpaid for Rs 127.134 million.
Audit pointed out the overpayment in September 2017. The
department did not furnish the reply.
379
The matter was discussed in the DAC meeting held in December,
2017. The DAC was not satisfied and directed to conduct a Fact-Finding
Inquiry at Ministry level.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 54)
5.4.20 Overpayment due to payment of certain quantity of gravelly
soil and soft rock excavation under hard rock excavation item
beyond the classified proportion - Rs 105.724 million
In accordance with Survey Report by Geological Survey of
Pakistan, conducted in pursuance of departmental request vide letter No.
EE/CCD/M/Garh/Mosa Khel Road/485 dated 18
th
October, 2016 the
gravelly soil, soft rock and hard rock were to be cut/excavated with the
proportions of 11.88%, 47.70% and 40.42% respectively under chainage
0+000 to 19+000.
In accordance with Survey Report by Geological Survey of
Pakistan, conducted in pursuance of departmental request vide letter No.
EE/CCD/M/Garh/Mosa Khel Road/485 dated 18
th
October, 2016 the
roadway excavation/cutting was to be measured/paid as per following
proportions;
Segment No.
Chainage
Gravelly Soil
Soft
Rock
Hard
Rock
1
00 - 3+700
24.58 %
45.14%
30.28%
2
3+700 - 7+400
14.36 %
78.07 %
7.57 %
3
7+400 - 10+600
14.69 %
33.36 %
51.95 %
Average proportion
17.88%
52.19%
29.93%
5.4.20.1 Audit noted that the work Construction of Musa Khil Taunsa
Road (35 KM) stretch to be constructed and linked with Zhob (remaining
380
work) (Package-I) was awarded to M/s Habib Construction Co. at agreed
cost of Rs 296.010 million. The 20
th
running bill was paid in June 2017
with total value of work done of Rs 575.693 million.
Audit observed that hard rock excavation was measured for a
quantity of 225,677.48 Cu.m which was 60.11% against classified
proportion of 40.42%. Resultantly, 19.69% gravelly soil and soft rock soil
was also paid under hard rock excavation causing overpayment of
Rs 76.873 million.
Audit was of the view that the overpayment occurred due to
considering the gravelly soil and soft rock excavation as hard rock
excavation and lack of technical, financial and internal controls.
Audit pointed out the overpayment in September 2017 but the
department did not reply.
The matter was discussed in the DAC meeting held in December,
2017. DAC directed the department to make due recovery and get the
record verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 60)
5.4.20.2 Audit noted that work “Construction of Musa Khil Taunsa Road (35
KM)” was awarded to M/s NPI Construction & Engineering at agreed cost of
Rs 456.583 million. The 14
th
running bill was paid in May 2011 with total
value of work done of Rs 194.386 million.
Audit observed that quantity of excavation of gravelly soil was
measured and paid more or less at same proportion as given in the survey
report, however, hard rock was measured/paid at the rate of 53.88%
proportion instead of 29.93% and soft rock was measured/paid with
381
27.93% proportion instead of 52.19%. Resultantly, soft rock was
measured/paid under the category of hard rock causing overpayment of
Rs 28.851 million.
Audit pointed out the overpayment in September 2017. The
department did not furnish the reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC pended the para for verification of lab test report
of soil and details of court case.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 57)
5.4.21 Non-confiscation of security deposits - Rs 163.330 million
Para 399 (iii) of Pak PWD Code states that in the accounts for
March each year, the “balances unclaimed for more than the three
complete account years” in the public works deposits account should be
credited to Government as lapsed deposits.
Audit noted from accounts record that a huge amount of Rs 163.33
million of Cash Deposit of contractors as security were lying unclaimed
since long as shown in the form CPWA-79 of Monthly Account of June
2017.
(Rs in million)
S. No.
DP No.
Division
Amount
1
246
CCD-II Lahore
74.401
2
255
CCD-IV Islamabad
59.737
3
208
CCD-VIII Islamabad
29.192
Total
163.330
Audit observed that the said amounts of security deposits pertains
to the years 2004 and onwards but neither contractors requested to refund
382
their security deposits nor the department impounded the same and
credited to Government revenue account as lapsed deposits. Audit further
observed that security deposit Register was not properly maintained as
balances were not properly worked out at the end of each month/year. This
resulted into non-confiscation of security deposits of the contractors
amounting to Rs 163.330 million.
Audit was of the view that irregularity occurred due to non-
adherence to the rules and lack of proper internal control mechanism.
Audit pointed out the irregularity in October 2017. The department
replied in case of DP 246 that the amount of security deposit available
pertains to the work where it is required to be retained due to pendency of
the works/ agreement. These amounts are yet to be cleared therefore it is
not possible to confiscate the same. The redundant amounts had been
confiscated lastly during 2012. The further scrutiny has been stated and
any amount found overdue shall be transferred to DBA.
The reply was not accepted because security deposit register was
also showing the unclaimed balances of security deposits for more than
three complete years (some of them pertained to 2004 to onward). Further
no evidence was provided regarding confiscation. Hence, unclaimed
security deposits for more than three years were required to be confiscated
and credited to the Government account as lapsed deposits according to
the rules.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department in case of DP 246, to
provide detail of security deposits involving court cases and other-than-
court cases. Amount of other-than-court cases be confiscated immediately
and record be produced to Audit for verification. Other cases were not
discussed in the DAC meeting despite requests by Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
383
Audit recommends for early compliance to the DAC‟s directive.
(DP. 208, 246, 255)
5.4.22 Undue retention of balance funds of PWP-II (placed under
PLA-I and PLA-III) after completion/handing over of
respective schemes to the TMAs - Rs 47.603 million
The Finance Division (Budget Wing), Government of Pakistan
vide letter No. F-3(20) BR/II/94-B-Vol-I/313 dated April 15, 1997
allowed operation of following Personal Ledger Accounts (PLA) in Pak
PWD with zero balances operative from July 1, 1997:
PLA-I Annual Development Programme Lapsable
PLA-II Maintenance only Lapsable
PLA-III Deposit Works Non-lapsable
PLA-IV Other Deposits such as Contractor‟s
Securities, GP Funds receipts, etc. Non- lapsable
Audit noted that the Executive Engineer, Central Civil Division,
Pak PWD Gujranwala and CCD-I Pak PWD Lahore retained funds of
Rs 47.603 million (27.997 and 19.606 million respectively) relating to
PWP-I & II in PLA-I (Lapsable) and PLA-III (Non-lapsable).
Audit observed that these funds were relating to development
schemes of PWP-I & II for the years 2008-09, 2009-10 and 2012-13 but
the same were kept retained in PLA-I (Lapsable) and PLA-III (Non-
lapsable) in violation of PLA Schemes since long resultantly blocking the
funds without any justification. Audit was of the view that these funds
were required to be remitted to Director Budget & Accounts for its further
disposal. Audit further observed that the respective PWP-II schemes have
since been completed/handed over to the TMAs, however, the unutilized
funds/savings were not transferred to concerned department so far. This
resulted in undue retention of government funds for Rs 19.606 million.
This resulted in an unjustified retention of funds of PWP-I & II in PLA-I
and PLA-III amounting to Rs 47.603 million.
384
Audit pointed out the matter in October 2017. The department
replied in case of DP 231 that the funds were kept in the PLA-I (PWP-I &
II) pertaining to the various schemes which were abandoned due to certain
Court Cases and inquires. According to the judgment of the Honourable
Supreme Court of Pakistan in writ petition 20, the payment may be
released to the contractor after proper inspection by the various
committees. The funds available in PLA-I & III would be remitted to
Government Treasury as unspent after the decision of inquiries.
The reply was not accepted because no documentary evidence in
support of reply was produced to the Audit. The detail of court cases,
inquiries etc. pertaining to the schemes, the funds of which were kept
retained in PLA-I (Lapsable) and PLA-III (Non-lapsable) since 2008-09,
2009-10 and 2012-13 are required to be produced to the audit to ascertain
factual position.
The matter was discussed in the DAC meeting held in January
2018, wherein, the department reiterated its previous stance in case of DP
231.
DAC directed the department to provide details to Audit for
verification.
In case of DP 56, the DAC directed that physical verification of the
scheme against which funds have been retained may be carried out by DG
Office and report be submitted to Audit for verification.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 56, 231)
385
5.4.23 Overpayment of escalation due to inclusion of inadmissible
weightage of coefficient - Rs 24.383 million
According to standard procedure and formula for price adjustment
part-1 procedure B Parameters-1, each of the cost elements, having cost
impact of seven (07) percent or higher can be selected for adjustment.
Costs elements of HSD and labor shall be included in the price adjustment
formula irrespective of their percentage determined for a particular
project.
Further Note-3 Appendix-C to Bid explains that the employer has
to determine the weightage of fixed portion considering only those cost
elements having cost impact of seven (07) percent or more on his specific
project
Audit noted that the Executive Engineers of various Pak PWD
Divisions executed different works of building and roads and paid
escalation of Rs 24.383 million.
Audit observed that weightages of fixed/variable portions were not
fixed by calculating the cost elements having cost impact of 7% or above
as per provision of the appendix-C. This resulted in irregular/unauthentic
payment/calculation on account of price adjustment of Rs 24.383 million
as detailed below:
(Rs in million)
S
No
DP No
Division
Name of Work
Amount
1
82
CCD-II
Peshawar
Construction of
residential
accommodation for
NAB at Hayatabad,
Peshawar (SH Cat-II
houses)
17.179
2
241
CCD-II Lahore
Widening/
Improvement of
metaled road Kot Radha
Kishan to pajian bypass
Phase-I
5.349
386
S
No
DP No
Division
Name of Work
Amount
3
235
-do-
Construction of metaled
road from Kanganpur to
Ganda Singh wala Dist.
Kasur Phase-I and II
1.855
Total
24.383
Audit was of the view that irregular payment occurred due to weak
internal and financial controls.
Audit pointed out the irregular payment during August and
October 2017. The department replied in case of DP 82 that price
escalation was paid after detailed calculation and all the items had
weightage of 7% or more.
The reply was not accepted because:
As per calculation sheet made by the department, quantity of
cement bags was 12186. In view of this quantity, weightage for
the cement comes to 6.24%, hence not to be included in the
variable portion.
The quantity of steel was 136.014 tons at the rate of Rs 60000
per ton = Rs 8,160,840x100÷53,052,238 (NIT amount
29,111,193+82.24% premium on which the work awarded)
=15.38%.
Department calculated the weightage of bricks by adding 25%
wastage whereas the weightage was to be calculated in view of
actually consumed bricks. Further in one cft. total bricks come
to 14.22 but department multiplied by 14.5. However, in view
of actual quantity of bricks, weightage of bricks comes to
5.36%, hence not to be included in the variable portion being
less than 7%.
387
In other cases it was replied that the determination of the
weightages was to be worked out as per standard procedure and formula
for price adjustment as given by Pakistan Engineering Council. It
provides to consider weightage of those items which have cost impact of
5%. The amount of escalation has also been calculated by applying the
reworked weightages and enclosed herewith. The payment made to the
contractor is provisional subject to adjustment in next bill and recovery, if
any, will be made accordingly.
The department admitted the recovery indirectly. Further reply
regarding cost impact of 5% was not acceptable because Note 3 of
Appendix-C of contract document and PEC document clearly indicated
that cost impact of 7% or more will be considered for escalation.
Furthermore the department has not provided any documentary evidence
regarding recovery.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department in case of DP 82, to get
the calculations of weightages of specified materials verified from Audit.
The other cases could not be discussed in the DAC meeting despite
requests by Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 82, 235, 241)
5.4.24 Overpayment/ undue benefit to contractor due to inadmissible
execution of higher rate - Rs 18.778 million
Rule-19(iv) of General Financial Rules (Vol-I) states that no
payments to contractors by way of compensation or otherwise outside the
strict terms of the contract or in excess of the contract rates may be
authorized without the prior approval of the Ministry of Finance.
388
Further according to detailed estimate/ measurement sheet
prepared by the Executive Engineer after site visit was approved by the
competent authority.
As per making earthen embankments with earth taken from
approved borrow pits including cost of excavation, placing earth in layers
not exceeding 9” (229 m) depth as per approved as section including
dressing top and sides of the bank within as lift of 5ft (1.25m) and lead up
to 300ft (30.5m) in all kinds of soil (except gravelly, murmur, wet silt,
clay or mud and rock was to be executed at the rate of
Rs 300 per %Cft as quoted by the contractor against the NIT rate
Rs 229.18 per %Cft which was 31% above the NIT rate.
5.4.24.1 Audit noted that Executive Engineer, Central Civil Division-II
Pak. PWD Lahore awarded the work “Construction of Metaled road from
Kanganpur to Ganda Singh wala Dist. Kasur Phase-I” to the contractor.
Audit observed that the contractor quoted the rate Rs 800 per %
Cft against NIT rate Rs 382.97 against item No. 3 which was 109 % above
and Rs 200 per % cft for item No 4 against NIT rate Rs 229.18 % Cft
which was below the NIT rate. Subsequently during execution of item No
3 with the quantity of 2,421,865 Cft, instead of 293,081 cft which was
726% excess than provision and item no 4 was executed for 4,964,699 Cft
instead of 7,074,856 Cft. The department abnormally increased the high
quoted rate item and decreased the quantity of below quoted rate item to
provide the undue benefit to the contractor. This resulted in the
overpayment for Rs 12.772 million.
Audit pointed out overpayment in October 2017. The department
replied that in the instant case the alignment of road lies parallel to Pak-
India border and entire area falls in control of border committee. It is not
possible to obtain earth from nearby fields along entire stretch of the road.
The matter pertains to variation of quantity of the approved items and the
same will be approved from the competent authority.
389
The contention of the department was not tenable because
quantities of items were calculated and incorporated in the detail estimate/
measurement sheet at the time of estimation by the engineers as per site
requirement after site visit. In this case the authority reduced the below
quoted rate item and increased high quoted rate item.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department to get the record verified
from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 240)
5.4.24.2 Audit noted that Executive Engineer, Central Civil Division-II
Pak. PWD Lahore awarded the work “Construction of Metaled road from
Kanganpur to Ganda Singh wala Dist. Kasur Phase-II” to the contractor
with the agreement cost of Rs 265.295 million.
Audit observed that the BOQ item No 2 (Making earthen
embankment with earth taken from approved borrow pits… with 300ft
lead) was paid at the rate of Rs 300 per % Cft with quantity of 152,097 Cft
only out of quantity 4,737,650 Cft as provided in the agreement.
Subsequently, the quantity of 2,833,499 Cft of the same item was paid at
the rate of Rs 720 per % Cft with one (1) Mile lead as Extra item no 1
instead of 300 ft lead. The department was required to pay the item after
adding the cost of one mile lead and 31% premium as quoted by the
contractor against the NIT rate which was Rs 508.03 % Cft instead of
Rs 720 %cft. Application of inadmissible rate resulted in overpayment of
Rs 6.006 million.
Audit pointed out overpayment in October 2017. The department
replied that the item of earth work with 01-mile lead is not available in the
agreement, however, it is required to be executed at site. The NIT amount
390
of the said work is Rs 84.899 million and agreement amount is Rs 265.295
million therefore premium works out to be 212% above, if we apply the
above-stated rate then the rate of said item was Rs 1241.72% Cft. Further,
the part payment has been made at the rate of Rs 720% Cft which is a
provisional payment subject to approval of the employer.
The departmental reply was not acceptable because the subject
work was awarded on item rate basis. Contractor quoted rate against item
“Making earthen embankment with lead 300ft” at the rate of Rs 300 per%
Cft against NIT rate Rs 229.18 Per% Cft which was 31% above the NIT.
The department was required to pay the rate of extra item after adding
cartage of one mile lead plus 31% quoted premium by the contractor.
The matter could not be discussed in the DAC meeting despite the
repeated requests made by the Audit.
Audit stresses for early recovery along with disciplinary action
against the person(s) at fault.
(DP. 234)
5.4.25 Irregular/unauthentic payment -Rs 19.907 million and
overpayment due to non-deduction of crust - Rs 11.319 million
According to condition No. XI of the letter written by Chief
Engineer to the Superintending Engineer vide No.CECZ/LHR/W-PP-
287/5535 dated 19
th
August, 2010 the longitudinal and cross-section
measurements of road have to be checked /approved by the SE/EE before
and during execution of work and a reference may be given in
Measurement Book and deduction of road crust was required to be made
from the item of work “Making road embankment” as per technically
sanctioned estimate by the Chief Engineer.
Audit noted that Executive Engineer, CCD, Pak PWD Bahawalpur
awarded the work “Construction /Widening /Improvement of M/Road to
Jetha Bhatta Feroza road to Channi Goth via 87/A, Akhtar Nagar
Doshakka Road Rahim Yar Khan. (PP-287) at agreement cost of
391
Rs 86.151 million, Rs 110.279 million and Rs 112.834 million
respectively. Audit also noted that the department made payment to the
contractors for item of work making road embankment with lead 100 feet,
one mile and three miles.
Audit observed that the department made payment for item of
work “Making Earth Embankment” without the approval of longitudinal
and cross-section measurements and also failed to deduct the road crust
quantity. Non-approval of cross-section and payment without deduction of
road crust resulted in overpayment of Rs 11.319 million, besides irregular
payment for the whole quantity of earth work embankment of Rs 19.907
million.
Audit was of the view that overpayment was due to weak internal
and financial controls.
Audit pointed out the overpayment and irregularity in November
2017. The department did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the Department explained that The scope of work was to
widen the existing road in average 5 ft on both sides which was filled with
0‟-9” sub-base and over it 0‟-6” base was laid in 20‟-00” entire width. The
new Earthen Embankment used for making of berms / shoulders and
available Earth at site and necessary deduction i.e. Crust and Shrinkage
etc. has been made during measurement. The longitudinal and x-section of
Earth Work were also prepared. DAC directed the department to get the
record verified within one week.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 214)
392
5.4.26 Excess payment due to higher rates - Rs 16.803 million
Para 182 of General Financial Rules provides that to facilitate the
preparation of estimates, as also to serve as a guide in settling rates in
connection with contract agreements, a schedule of rates for each kind of
work commonly executed should be maintained in each locality and kept
up-to-date. The rates entered in the estimates should generally agree with
the scheduled rates but where, from any cause, these are considered
insufficient, or in excess, a detailed statement must be given in the report
accompanying the estimate, showing the manner in which the rates used in
the estimate are arrived at.
Audit noted that Executive Engineer Central Civil Division IV
Pak. PWD Islamabad awarded a work “Construction of Islamabad High
Court Building at G-5 Islamabad” at agreement cost of Rs 2,474.049
million.
Audit observed that item of work providing & fixing 2 thick best
quality deodar wood shutter fully paneled with hardware and lacquer
polish was substituted with agreement item i.e. mahogany wood door by
analyzing the rate on market basis as Rs 2890 per sft whereas the rate of
same item of work (except lacquer polish) was provided for Rs 706.49 per
sft in Pak. PWD schedule of rates 2012. After adding 80% on schedule
rate and 25% polish cost of the total door, cost became Rs 1589 per sft.
Hence it showed that the rate was analyzed on much higher side. This
resulted into excess payment of Rs 12.502 million.
Similarly the rate of deodar wood door frame was also analyzed on
market basis as Rs 1600 per Rft whereas, the deodar wood door frame
with rich specification was provided as Rs 400 per Rft in schedule of rate
2012 and after adding 80% on schedule of rates 2012 and 25% polish cost,
the updated rate was Rs 900 per Rft instead of Rs 1600. This resulted in
excess payment of Rs 16.803 million.
Audit pointed out excess payment in November 2017. The
department did not reply.
393
The matter could not be discussed in the DAC meeting despite the
repeated requests made by the Audit.
Audit stresses for early recovery along with disciplinary action
against the person(s) at fault.
(DP. 252)
5.4.27 Overpayment due to inadmissible cartage - Rs 12.804 million
According to clause 33.1 of agreement upon the issue of any
Taking-Over Certificate the Contractor shall clear away and remove from
that part of the site to which such Taking-Over certificate relates all
contractors equipment, surplus materials, rubbish and temporary works of
every kind, and leave such part of the site and works clean and in a
workman like condition to the satisfaction of the Engineer. Provided that
the Contractor shall be entitled to retain on site, until the end of the defects
liability period, such materials, contractors‟ equipment and temporary
works as are required by him for the purpose of fulfilling his obligations
during the defects liability period.
Audit noted that Executive Engineer CCD-II Pak PWD Islamabad
awarded the work Construction of NAB Headquarters Building at G-5/1 at
an agreement cost of Rs 449.902 million.
Audit observed that payment of Rs 12.805 million was made to the
contractor on account of cartage of earth including loading, unloading and
stacking spreading etc. up to 1/2 mile lead or part thereof complete sand,
bitumen, lime, murum, manure, earth, building rubbish etc. including
loading, unloading and stacking etc. in violation of above-mentioned rules.
This resulted in unjustified payment of Rs 12.804 million.
Audit pointed out the matter in September 2017. The department
replied that the para was taken by the audit in its report for the year
2013-14 and was settled by the PAC during a meeting held on 25
th
July,
2017. The departmental reply was not accepted because the para
mentioned in reply, pertains to overpayment due to higher rate, non-
394
deduction of rebate and excess measurement whereas current observation
is regarding unjustified/overpayment on account of cartage of earth
including loading, unloading and stacking/spreading, etc. in violation of
agreement clause.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department to conduct a fact finding
inquiry with reference to item of cartage with lead in contract documents.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 184)
5.4.28 Blockage of Government funds - Rs 10.989 million
Director Budget & Accounts office letter No. DBA/
WAD/Circular/ 2014-15 dated 27
th
October, 2014 “Addressed to all
Federal Treasury Officer Islamabad/Karachi, all District Accounts
Officers and copies thereof endorsed to all EEs/DAOs and others wherein
it was made clear that funds of budgetary grants must be placed in PLA-I
and not in PLA-III”.
Audit noted that that Executive Engineer, Central Civil Division
Pak. PWD Sukkur retained PLA-I grant for Rs 10.989 million under-
utilization through PLA-III (non-lapsable) since 2015 to September 2017.
Audit observed that Rs 3.626 million was transferred from PLA-III
to PLA-I vide C.V.No.02 dated 26
th
July, 2017 on the directions of
Director Budget & Accounts while a huge amount of Rs 10.989 million
was still lying in PLA-III up to the month of September 2017. This
resulted in blockage of PLA-1 Grant since 01
st
July, 2015 due to keeping it
in PLA-III (non-lapsable) the amount of Rs 10.989 million.
395
Audit communicated the matter in October 2017. The department
replied that the Contractor has filed a case in the Honorable Court of Law
therefore funds in question could not be transferred till the final decision
by honorable court. The reply was not tenable because the department did
not provide documentary evidences in support of the reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the department explained that contractor has filed a case in
court and funds in question could not be transferred till the final decision
of honorable court.
DAC pended the para till final decision of court case.
(DP. 128)
5.4.29 Overpayment due to non-adjustment of price of bitumen less
used in tack coat - Rs 10.299 million
As per NHA specification vide para No. 305.4.2 the quantity of
bitumen is adjustable as per actual consumption.
Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Mandra Chakwal Road” (64 km) at agreement cost of Rs 4,199.642
million.
Audit observed that laboratory test reports of bituminous tack coat
reflects its consumption as 0.24 kg per square meter, whereas in rate
analyses quantity of 0.433 kg per square meter was included. Quantity of
0.193 kg per square meter extra inclusion resulted in overpayment of
Rs 10.299 million.
Audit pointed out the overpayment in October 2017. The
department replied that as per NHA General Specifications Clause 303.3.2
rates of application of cut back shall be within the range of 0.2 -0.4 liters
per square meter. However, 0.433 liters per square meter tack coat (i.e.
0.033 liters per square meter additional quantity) was taken as per
396
approved JMF given in contract agreement, duly signed by NESPAK. The
reply was not accepted due to variation of actual consummation of
bitumen in tack coat and quantity taken in analysis of rate.
The matter was discussed in the DAC meeting held in December,
2017. The DAC directed the department to get the record in support of the
stance, verified from Audit.
No compliance to the DAC‟s directive was reported till finalization
of the Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 147)
5.4.30 Non-recovery - Rs 10.282 million
As per minutes of 2
nd
pre-bid meeting held on 18
th
November,
2013 regarding clarification to bidders, it was agreed that the design
vetting fee at the rate of 0.5% of the lowest bid would be borne by the
successful bidder.
As per Director General Pakistan Public Works Department letter
No.DG-111/W-II(A) Islamabad on 28
th
December, 2016 one room was
to be placed each at Qasr-e-Naz, Karachi and Chamba House, Lahore at
the disposal of the National Assembly for protocol purpose on payment
basis. Para -3 of ibid letter provides that, “Necessary payment bills as per
rules of the above rooms may directly be sent to Secretary National
Assembly Secretariat on monthly basis for payments”.
As per General Abstract of bid, the contractor reduced the all BOQ
item rates at the rate of 2.96 % and offered rebate on his rates.
Rule 23 (i) of GFR Vol-I provides every Government officer
should realize fully and clearly that he would be held personally
responsible for any loss sustained by Government through fraud or
negligence on his part and that he will also be held personally responsible
397
for any loss arising from fraud or negligence on the part of any other
Government officer to the extent to which it may be shown that he
contributed to the loss by his own action or negligence.
In terms of Para-4 (2) (d) of Rules of allotment of accommodation
in Federal Government Lodges Rule, 1985, subject of minimum of one
day rent, fifty percent of rent shall be deposited in advance by the allottee
at the time of receiving allotment of accommodation.
5.4.30.1 Audit noted that the Executive Engineer Central Civil Division-
V Pak. PWD, Islamabad awarded a work “Dualization and Improvement
of Sohawa Chakwal Road project at agreement cost of Rs 4,338.362
million.
Audit observed that the design vetting fee at rate 0.5% was being
deducted from the Mandra Chakwal Road Project but was not deducted
from Sohawa Chakwal road project. This resulted into non-deduction of
Rs 6.956 million.
Audit pointed out the non-recovery in October 2017. The
department did not furnish the reply.
The Para was discussed in DAC meeting held in December, 2017
the department explained that recovery of 0.5% of design vetting fee
amounting to Rs 6.916 million will be made in the next running bill. DAC
directed the department to get the recovery verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 138)
5.4.30.2 Audit observed that the Assistant Comptroller, Federal Lodge
No.1 (Qasr-e-Naz), Central Civil Division-VI Pak. PWD, Karachi, did not
send room rent bills to Secretary National Assembly Secretariat on
398
monthly basis for payments which was contravention of directives of
Director General, Pak. PWD Islamabad issued vide letter referred above.
This resulted in non-raising of monthly bill of Rs 1.868 million.
Audit pointed out non-recovery in September 2017. The
department did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department to submit a case to
Ministry of Housing and Works for taking up the matter with National
Assembly Secretariat.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 34)
5.4.30.3 Audit noted that Executive Engineer, Central Civil Division-II
Pak. PWD Lahore, awarded the work “Construction of Metaled road from
Kanganpur to Ganda Singh wala Dist. Kasur Phase-II” to the contractor.
Audit observed that a scheduled/ BOQ item “making earthen
embankment taken from approved borrow pits with 300 ft lead” was
provided in the agreement but the department allowed the execution of
same item under (Extra items) with 01 mile and 04 miles lead and amount
of Rs 20.401 million and Rs 21.477 million respectively was paid without
deduction of rebate at the rate of 2.96% as offered by the contractor on all
items. This resulted in non-deduction of rebate of Rs 1.239 million.
Audit pointed out non-recovery in October 2017. The Department
replied that the proper method was adopted by the department for payment
of extra items. The rate of the extra items have got the approval from the
competent office after including premium above and rebates offered by the
contractor. The consolidated rate is applied for payment in the bills
without adding premium / or deducting rebates.
399
The contention of the department was not tenable because the
contractor allowed rebate on all items. Further the extra items were not
different from items already available in the BOQ/Agreement.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department to get the facts verified
from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 244)
5.4.30.4 Audit noted that the Assistant Comptroller, Federal Lodge No. 1
(Qasr-e-Naz), Central Civil Division-VI Pak. PWD, Karachi had to
receive advance rent subject to minimum of one day‟s rent, fifty percent of
rent from the allottee at the time of receiving allotment of accommodation.
Audit observed that the Assistant Comptroller, Federal Lodge
No.1 (Qasr-e-Naz), Central Civil Division-VI Pak. PWD, Karachi did not
recover room rent amounting to Rs 0.219 million during the financial year
2016-2017.
Audit pointed out non-recovery in September 2017. The
department did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department to pursue recovery.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 31)
400
5.4.31 Loss due to non-fulfillment of contractual obligation - Rs 9.814
million
As per contract agreement an item 108a formation of embankment
from road way excavation in common material was provided for
76897 Cu.m at the rate of Rs 346 per Cu.m.
Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Mandra Chakwal Road” (64 km) at agreement cost of Rs 4,199.642
million. The 11
th
running bill was paid in June, 2017 for total value of
work done of Rs 4,478.034 million.
Audit observed that the earth obtained from roadway excavation
was not utilized and the embankment was constructed with borrow earth at
rate of Rs 475 per Cu.m under the items 108c. This reflects that a single
cubic meter suitable earth was not obtained from length of 64 km road for
filling in the road embankment. This resulted in loss of Rs 9.814 million.
Audit pointed out the loss in October 2017. The department replied
that the recovery of Rs 9.814 million would be made in next running bill.
The matter was discussed in the DAC meeting held in December
2017. The DAC directed the department to make due recovery within one
week and get the same verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 141)
401
5.4.32 Unjustified payment - Rs 7.750 million and non-deduction of
rock filling from formation of embankment quantity -
Rs 3.201 million
The contract agreement of the work Dualization and Improvement
of Mandra Chakwal Road does not contain excavation of hard rock item.
Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Mandra Chakwal Road” 64 km at agreement cost of Rs 4,199.642 million.
Audit observed that an amount of Rs 7.750 million was paid on
account of formation of embankment from roadway excavation in hard
rock. Record was silent about the cutting of hard rock 6,812 Cu.m but it
was measured and paid at the rate of Rs 1,150 per Cu.m in filling area of
the road. The rate of Rs 1,150 per Cu.m for filling was meant for the
available rock at site as a result of rock cutting.
B) It was further added that the filling of hard rock was measured in
the area where formation of road from borrow excavation was already
measured through cross-sectional method but the deduction of the rock
filled quantity was not made because the rock was filled in between the
formation of embankment with borrow common material valuing
Rs 3.201 million.
Audit pointed out the unjustified payment in October 2017. The
department replied that the recovery of Rs 7.750 million and Rs 3.201
million will be made in next running bill.
The matter was discussed in the DAC meeting held in December,
2017. The DAC directed the department to make due recovery within one
month and get the record verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 154)
402
5.4.33 Loss to Government - Rs 7.650 million
Federal Government Lodge Wafaqi Colony Lahore is consisting of
8 suites and 18 rooms. The room rent was applicable as Rs 2,000 for suite
and Rs 1,000 for room per day.
Audit noted that the Executive Engineer Central Civil Division -II
Pak PWD Lahore is responsible for repair and maintenance and look after
of matters of Federal Government Lodges Wafaqi Colony Lahore to keep
it operational for providing accommodation facility to the touring guests.
Audit observed that, there was no collection of room rent and
service charges at the rate of 25% of rent showing in the collection register
and divisional record from July 2016 to December 2016.
It is pertinent to mention here that huge amount on salaries of
lodges staff was incurred during the year 2016-17. Audit was of the view
that despite incurring reasonable expenditure on salaries, the rooms were
not booked to generate the revenue. Due to non-booking of rooms, the
Government sustained a loss of Rs 7.650 million.
Audit pointed out the loss in October 2017. The department replied
that the Executive Engineer Office has been absolved of recovery of room
rent / booking of rooms and all such matters as per letter No.F.1(1)/2016-
EIV(Misc) dated 11
th
April, 2016. The contention of the department was
not acceptable because the loss to Government was not justified.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the Ministry to examine the issue and
take appropriate steps for recovery mechanism.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 247)
403
5.4.34 Excess payment of supervision charges - Rs 7.353 million
According to Appendix-E of the contract agreement with M/s
National Engineering Services Pakistan Pvt. Limited (break-up of the
contract cost) 2% design phase and 2.75% of supervision phase of the
construction cost was to be paid.
Audit noted that the Executive Engineer Store and Workshop
Division Islamabad awarded consultancy services contract regarding
construction of New Secretariat Block Constitution Avenue Islamabad to
M/s National Engineering Services Pakistan Pvt. Limited.
Audit observed that a contract of HVAC work sub-head-II
equipment was awarded to M/s M.Z Awan on March 4
th
, 2010 at
agreement cost of Rs 194.461 million with completion period of one year.
The contractor procured a major items of chiller, executed some small
works. After that, the contractor M/s MZ Awan stopped the execution of
work due to dispute of specification and manufacture make of chillers and
the work was re-tendered in June, 2016. The remaining work was awarded
to M/s Prime Engineering Method and M/s Riaz & Sons at agreement cost
of Rs 186.784 million. It was observed that the consultant M/s NESPAK,
was paid supervision fee of the earlier contract of M/s MZ Awan of
Rs 5.348 million for the period of one year and amounting to
Rs 20.054 million for extended period from 05
th
March, 2011 to 19
th
July,
2011. It was further observed that the consultant was again paid
supervision charges of Rs 5.136 million on re-tendered work of Rs
186.784 million for the period of 01
st
July, 2016 to 31
st
December, 2016. It
indicates that the supervision fee was paid twice, once for period 16.5
months on the contract cost of M/s MZ Awan and the second for the same
work after retendering. Hence, payment earlier made for the period from
05
th
March, 2010 to 19
th
July, 2011 of Rs 7.353 million was recoverable.
Audit pointed out the excess payment in October 2017. The
department did not reply.
404
The matter was discussed in the DAC meeting held in January
2018, wherein, the department explained that the consultancy work was
awarded to M/S NESPAK though Civil Division for period of 36-Months.
However, the work could not be completed within stipulated period and
now the extension of time had been granted upto 30
th
June, 2018 for
completion of the project. DAC directed the department to submit detailed
reply and get the record verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 155)
5.4.35 Overpayment due to avoidable/unnecessary item - Rs 7.213
million
Item No. 10(8) road & runways (SH-127) Brief Specification of
Pak. PWD annexed with CSR-2004 provides that an AASHTO
specification are required to be followed. In Sub-base and base, the
material used shall be of the quality and grading conforming to standard
AASHTO grading / specification. The recommended gradation for sub-
base and base is given in table wherein crushed stone base course
contained component of crush aggregate stone sized including screening
passing sieve No.4 & 100.
Audit noted that Executive Engineer, Central Civil Division, Pak
PWD Bahawalpur awarded the work “Construction/Widening/
Improvement of M/Road to Jetha Bhatta Feroza road to Channi Goth via
87/A, Akhtar Nagar Doshakka Road Rahim Yar Khan.” at agreement cost
of Rs 86.151 million, Rs 110.279 million & Rs 112.834 million
respectively.
Audit observed that item providing and laying base course of
machine crush aggregate 2-1/2″ to ¾″ was measured as compacted
eliminating voids. Besides, separate measurement was made for spreading
405
murum over crushed base to cover surface of the base course. By
executing both the items the level and area of the base course remained
same, hence quantity of murum was deductible from the quantity of base
course. This resulted in overpayment of Rs 7.213 million.
Audit pointed out the overpayment in September 2017. The
department did not reply.
The matter was discussed in the DAC meeting held in December
2017 wherein the department explained that stone ballast and murum are
two different items in Schedule of Rates. The pavement is fully compacted
as per specification and the murum was used just to protect the base from
wear and tear as per specification without increasing overall thickness.
Audit contended that action of the department is not in line with
other engineering departments wherein murum is inbuilt in the composite
item of base course. Moreover, in certain divisions, item of murum has not
been paid separately. DAC directed that the department may come up with
firmed up viewpoint in the light of audit contention within one week,
Otherwise the item in composite schedule of rates may be reviewed and a
revised inbuilt item be introduced in line with other engineering
departments.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 213)
5.4.36 Overpayment on account of supervision charges - Rs 5.944
million
According to Appendix-E of agreement for consultancy service
(Break Down of contract price in Local Currency) payment on account of
supervision charges was to be made to the consultant at the rate of 0.90%
of total project cost on completion.
406
Audit noted that Executive Engineer Central civil Division No. II
Pak PWD Islamabad awarded the work Construction of NAB HQ
Building G-5/1, Islamabad (SH Consultancy Supervision) to M/S Hassan
Associates.
Audit observed that up to 24
th
running bill paid vide voucher No
17 dated 16
th
June, 2017 supervision charges up to April 2017 on account
of Main Building were paid amounting to Rs 8.982 million. Audit further
observed that work completed on account of NAB HQ Building G-5/1,
Islamabad, up to April 2017 was Rs 337.514 million. as such, payment on
account of supervision charges up to April 2017 was to be made as
Rs 3.038 million. This resulted in overpayment of Rs 5.944 million.
Audit pointed out overpayment in August 2017. The authority
replied that there are 4 different agreements costing over Rs 775.00
million (approximately) running for this project for which consultancy
charges at the rate of 2.30 % are calculated as Rs 17.825 million, whereas
total consultancy charges accordingly has been paid to the consultant. The
departmental reply was not acceptable because as per consultancy
agreement construction supervision was to be paid at the rate of 0.90 % of
total project cost on completion. Audit observation is based on supervision
charges paid on account of main building. Total work done on account of
main building of NAB Headquarter up to April 2017 was of Rs 337.514
million against which consultancy supervision charges admissible up to
April 2017 were Rs 3.038 million but the department made payment of
Rs 8.982 million resulting into overpayment of Rs 5.944 million.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department to submit detailed reply
with justification to Audit for verification.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 180)
407
5.4.37 Non-adjustment of structural excavated material -
Rs 3.796 million
Para 108.4.1 of NHA specification provides that, quantity of
structural excavation should be deducted from the quantity of formation of
embankment from borrow excavation.
Audit noted that the Executive Engineer Central Civil Division-V
Pak. PWD, Islamabad awarded a work “Dualization and Improvement of
Mandra Chakwal Road (64 km)” at agreement cost of Rs 4,199.642
million.
Audit observed that a quantity of 29,187 Cu.m earth was obtained
from structural excavation during construction of the road out of which
only 7,262 Cu.m was used in road work. Non utilization of available earth
obtained from structural excavation resulted in overpayment/non-
adjustment of structural material for Rs 3.796 million.
Audit pointed out the non-adjustment in October 2017. The
department replied that the recovery of Rs 3.796 million will be made in
next running bill.
The matter was discussed in the DAC meeting held in December,
2017. DAC directed the department to effect recovery within one month
and get it verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 150)
408
5.4.38 Execution of defective/substandard work of Steel
Reinforcement due to utilization of steel having yield/ultimate
strength less than normal - Rs 2.765 million
According to Letter of Acceptance issued vide No. EE/CCD-
I/LHR/AB/1531 dated 27
th
August, 2015 the work should be executed
strictly in accordance with the specification of Pak PWD, approved
drawings and standards stipulated in the agreement.
Audit noted that item of work providing and laying hard grade
ribbed deformed reinforcement bars etc was executed for a quantity of
265.853 Cwt under ground floor and 138.880 Cwt under first floor.
Audit further observed that steel used of dia 3/8″, 1″, ¾″ & ½″, as
evident from the steel sample test reports of University of Engineering and
Technology Lahore dated 22
nd
January, 2016 & 06
th
November, 2015 was
defective/sub-standard due to having yield/ultimate stress less than the
nominal. Thus, execution of the work of steel worth Rs 2.766 million was
considered defective/substandard.
Audit was of the view that the execution of defective/substandard
work occurred due to non-adherence to the contract specification and
ineffective implementation of technical, financial and internal controls.
Audit pointed out the execution of defective/substandard work in
September-October 2017. The department did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the department explained that actual tensile strength was
satisfactory as per test reports.
DAC directed the department to get the record in support of stance
verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
409
Audit recommends for early compliance to the DAC‟s directive.
(DP. 175)
5.4.39 Overpayment due to non-adjustment of cost of excavated
material - Rs 2.736 million
According to Rule 10 of GFR (Vol-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.
Audit noted that work “Construction of Musa Khil Taunsa Road
(35 KM) stretch to be constructed and linked with Zhob” was awarded to
M/s NPI Construction & Engineering at agreed cost of Rs 456.583
million.
Audit observed that the item making earthen embankment was
measured for a quantity of 86,584.33 Cu.m. Audit further observed that
the item excavation or cutting in gravelly soil was measured/paid for
quantity of 72,756.90 Cu.m out of which 40,519.63 Cu.m was used in
earth work embankment and paid as extra item at the rate of Rs 22.30 per
cu.m. The status of remaining quantity of 32,237.27 Cu.m was not
forthcoming from the produced record. Apparently quantity of 32,237.27
Cu.m was also utilized in embankment and should have been paid at the
rate of Rs 22.30 per Cu.m instead of Rs 74.69 per Cu.m. Due to non-
adjustment of the embankment rate against available earth, the contractor
was overpaid to the extent of Rs 2.736 million.
Audit pointed out the overpayment in September 2017. The
Department did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC directed the department to make adjustment and
get the same verified from Audit.
410
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive
regarding recovery/adjustment.
(DP. 58)
5.4.40 Excess payment due to non-deduction of GST Rs 1.939
million and non-deduction of Tax on Services - Rs 4.159
million
As per condition of the contract No.1.7 Taxes and Duties unless
specified in the Special Condition, the Consultants, Sub-consultants, and
their Personnel shall pay such taxes, duties, fees, and other impositions as
may be levied under the Applicable Laws, the amount of which is deemed
to have been included in the Contract Price.
According to Islamabad Capital Territory (Tax on Services),
Ordinance, 2001, Ordinance No. XLII of 2001, the Schedule [See Section
3(2)], S.No.12, 16% rate of tax under head 9815.5000 will be levied on
Services provided by the Technical, Scientific and Engineering
Consultants.
Audit noted that an agreement was signed between the Pakistan
Public Works Department and M/s National Engineering Services
Pakistan on 19
th
, January 2006 for Planning, Design & Construction
Supervision of Pakistan Secretariat Block at Islamabad, afterward which
was applied on Construction of NAB building and Construction of
Conference Rooms and Offices at Prime Minister House.
Audit observed that Executive Engineer, Store & Workshop
Division, Pak. PWD, Islamabad made payment of Rs 8.592 million to M/s
NESPAK for the consultancy charges by inclusion of Rs 1.939 million as
GST instead of deduction, which was to be recovered from Consultant.
Audit further observed that Executive Engineer made payment amounting
411
to Rs 25.997 million to Consultant M/s NESPAK for the financial year
2016-17 without deduction of GST amounting to Rs 4.159 million.
Audit pointed out the excess payment in October 2017. The
department did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the Department explained that the consultancy agreements
were made prior to July 2015, and payment of Rs 8.592 million was made
without deduction of G.S.T. As pointed out by the Audit, full recovery of
G.S.T shall be made on receipt of their next bill. DAC directed the
department to make recovery and get the record verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive
regarding recovery.
(DP. 158)
5.4.41 Overpayment of price escalation due to application of incorrect
base rate of HSD - Rs 1.377 million
According to Price adjustment under clause 70 of conditions of
contract Appendix-C to bid Note: 1 Indices for “(ii) to (vii)” are taken
from the Government of Pakistan Federal Bureau of Statistics, Monthly
Statistical Bulletin. The base cost indices or prices shall be those applying
28 days prior to the latest day for submission of bids. Current indices or
prices shall be those applying 28 days prior to the last day of the billing
period.
Audit noted that Executive Engineer, Central Civil Division-II Pak.
PWD Lahore awarded the work “Construction of Metaled road from
Kanganpur to Ganda Singh wala Dist. Kasur Phase-I” to the contractor
and an amount of Rs 29.452 million was paid on account of escalation.
412
Audit observed that the base rate of HSD for calculation of price
adjustment was taken as Rs 64.95 per liter whereas the actual rate of HSD
was Rs 66.00 per liter on 13
th
September, 2009. Application of incorrect
base rate of HSD for calculation of escalation resulted in overpayment of
Rs 1.377 million.
Audit pointed out overpayment in October 2017. The department
replied that application of corrected weightages and Diesel price had been
taken into account and escalation amount was reworked up to latest bill.
The amount paid to the contractor and to be paid have been compared
resulting in payment outstanding towards the contractor.
The reply was not acceptable because no documentary evidence in
support of reply was produced to audit for verification.
The matter could not be discussed in the DAC meeting despite the
repeated requests made by the Audit.
Audit stresses for early recovery along with disciplinary action
against the person(s) at fault.
(DP. 242)
5.4.42 Unauthorized expenditure - Rs 1.117 million
In terms of Federal Treasury Rule-7, Departmental receipt may not
be diverted to departmental expenditure without prior approval of Finance
Division.
Audit noted that the Assistant Comptroller, Federal Lodge No.1
(Qasr-e-Naz), Central Civil Division-VI Pak. PWD, Karachi incurred an
expenditure of Rs 1.117 million for purchase of up-keep material and linen
items etc. for provision in rooms / suites of VVIPs and others from the
Government receipts.
Audit observed that the diversion of Departmental Receipt towards
expenditure was clear violation of FTR-7 as the government receipts could
be utilized towards expenditure only through budgeting process and with
413
the approval of statutory body / Finance Division. This resulted in
unauthorized expenditure of Rs 1.117 million.
Audit pointed out irregularity in September 2017. The department
did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the DAC decided to refer the issue to Finance Division for
concurrence of the policy.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 30)
5.4.43 Undue burden over government exchequer of millions of
rupees by cutting the hard rock with excessive slope beyond
the technical requirements of site
According to the Table 11.1, Chapter 11 of Low Volume Road
Best Management Practices Field Guide (Author: Gordon Keller, PE
Geotechnical Engineer USDA, Forest Service Plumas National Forest,
California and James Sherar, PE Logging Engineer USDA, Forest Service
National Forests of North Carolina), Most rock/Very well cemented soils
were to be excavated with a slope of ranging from (Horizontal):1
(Vertical) to ½ (Horizontal):1(Vertical) with average slope of 0.375
(Horizontal) :1 (Vertical).
Audit noted that the work Construction of Musa Khel Taunsa
Road (35 KM) stretch to be constructed and linked with Zhob was
awarded to M/s NPI Construction & Engineering at agreed cost of
Rs 456.583 million (Rs 282,008,234 + 62%). Remaining work of stretch
0+00 to 19+00 (Package-I) was awarded to M/s Habib Construction Co. at
agreed cost of Rs 296.010 million (310% above the NIT Cost i.e.
Rs 72.197 million).
414
Audit observed that rock cutting under stretch (RD = 0+000 to
7+000) was executed/measured/paid with a slope of 1:1 and rock cutting
under stretch (RD = 7+020 to 19+000) was executed/measured/paid with a
slope of ½:1. In accordance with the above referred rock cutting criteria,
rock cutting was to be designed/carried out with average slope of
0.375(0.25+0.50/2):1. The criteria on the basis of which the design
consultant designed the rock cutting slop with angle of ½:1 to 1:1 and
subsequently made the measurement, was not forthcoming from the
produced record like TS estimate, construction cross-
sections/drawings/interim as-built cross-sections, etc. Thus, rock cutting
with slope of ranging ½:1 to 1:1 instead of average slope of 0.375:1 was
considered to be beyond site requirement causing undue burden over
government exchequer for millions of rupees.
Audit was of the view that the irregularity occurred due to non-
adherence to the rock cutting best management practices/government rules
and ineffective implementation of technical, financial and internal
controls.
Audit pointed out the irregularity in September 2017. The
Department did not furnish the reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the department explained that cutting was as per profile
and design provided by the consultant. DAC directed the department to get
the record verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP. 62)
415
ESTATE OFFICE
Irregularity and Non-compliance
5.4.44 Irregular allotments/possession and improper maintenance of
General Waiting Lists (GWLs) and non-uploading of GWLs
on website in violation of Accommodation Allocation Rules
Rule 6 (1) (2) and (3) Maintenance of General Waiting Lists
(GWLs) Chapter-V-Registration and Allotment of AAR-2002 describes
the following:-
a. The applications for allotment of government
accommodation shall be received on the application form.
This form shall be forwarded to Estate Office under
covering note by the Departments / Ministries of the
applicant, certifying that the particulars given in the form
are correct.
b. The application for accommodation as and when received
from an applicant, shall be acknowledged by the Estate
Office by issuing a registration card.
The Supreme Court of Pakistan, in Constitutional Petition (CP)
No.1498/2011 dated 19
th
October, 2011, directed the Administrative
Ministry/Estate Office that in future all the allotment will be made strictly
on the basis of GWL and relaxation of rules under Rule 29-A of the AAR,
2002 will not often be exercised, except in the case of hardships and that
too by recording justifiable reasons, after hearing the likely affected
employees on the GWL. The above direction of apex court was not
implemented and the Honorable Supreme Court again directed on
7
th
March, 2013 in a Civil Review Petition (CRP) No. 174 of 2012 that
violation of above direction/observation passed by the court, which
generates litigation between the parties, as a result whereof the civil
servants, who otherwise, cannot afford litigation, have to suffer. Under
circumstances, the Apex Court again directed the Department to review all
416
the allotments, which were made after passing the previous judgment and
ensure its implementation in letter and spirit, and if any allotment was
made in violation of the directions earlier made in the above judgment,
must be re-considered and dealt with in connection with the observations
noted herein immediately.
Deputy Secretary (Estate), Ministry of Housing & Works vide its
letter No. F.2(1)/86-Policy dated 15
th
April, 2013 directed the Estate
Officer and Additional Estate Officers that in order to ensure transparency
and allotments on merit as per rules, Estate Office is directed to observe
the steps/procedure in allotment of government owned residential
accommodation:
Estate Office may place GWLs on the Website which shall be
updated periodically. Estate Office may furnish periodically a hard copy
of category-wise GWLs to the concerned dealing sections of the
Ministry.
Audit noted that Estate offices of Quetta, Karachi and Lahore
allotted various residences to the Govt. officers/officials during the year
2015-16 and 2016-17.
Audit observed following discrepancies:-
Additional Estate Officer, Quetta allotted ten (10) government
accommodations of various categories. The allotments were made
to the applicants who were not enlisted or eligible according to the
GWL maintained for implementation of AAR-2002 and
compliance of the directions of the Apex Court.
Additional Estate officer, Karachi did not maintain GWL for
accommodation as and when the application received from an
applicant, by issuing a registration card while the seniority of
applicants are being maintained in some cases before their
applications received in Estate office Karachi. This is
contravention of ibid Rules. This resulted in improper maintenance
of GWL and non-uploading of GWL on website [www.estate-
417
office.gov.pk] which caused to deprive the deserving eligible
government servants to enjoy the facility of government
accommodation.
The Additional Estate Officer, Lahore made numerous allotments
and handed over possession of the accommodations to twenty nine
(29) allottees during the year 2016-17. The category-wise (GWL)
were being prepared on loose computer sheets instead of updating
the same on the Estate Office Website to ensure the transparency
and compliance of the orders of Minister/Ministry of Housing &
Works regarding computerization of record of Estate Office.
Further, the GWL prepared at present were vulnerable to
change/modification easily at any time/stage. The Estate Officer
did not bother to do the needful even after issuance of directions by
the Supreme Court of Pakistan, Federal Government and the issue
being raised in the previous audit report. Moreover, the Estate
Office also remained unable to inform the applicants through
regular circulation/placement of the lists on Notice Board of Estate
Office.
Audit pointed out the irregularity in August and November 2017.
The department replied that since the judgment passed by the Honourable
Supreme Court of Pakistan dated 19
th
October, 2011 in Constitution
Petition No. 1498/2011 all allotments are being made according to GWL
of respective categories of accommodations. The GWL are prepared under
Rule 6 of the AAR-2002 and the names of the federal government servants
are enlisted on the basis of date of receipt of applications. The lists are
available and accessible to all applicants to monitor their maturity of turn
and since implementation of the orders of the Supreme Court, no
complaint in this regard is received. However, the Audit has advised to
maintain separate registers for the purpose in addition to data already
available / stored in computer along with keeping hard copies of the same.
In compliance to the advice, Separate Registers are being opened for
enlisting the names of Federal Government Servants according to their
respective entitlement. As far as matter of placing GWL on website is
concerned, Estate Office, Karachi has already provided whole data to the
concerned Section Officer i.e. Section Officer E-III in the Ministry and
418
website is being updated by the Ministry. Similarly, the hard copy of
category wise GWL are already provided to the Section Officer concerned
as well as Estate Office, Islamabad. Since all allotments made during the
year 2015-16 are in accordance to the GWL maintained by the Estate
Office and no irregularity has been committed. However, to improve the
process and to make it more transparent, the observation made by the
Audit has been noted for compliance.
The reply was not tenable because the Additional Estate officer
Estate office Karachi did not maintain GWL for accommodation as and
when the application received from an applicant, by issuing a registration
card while the seniority of applicants are being maintained in some cases
before their applications received in Estate office Karachi as evident from
the record. The matter needs investigation / clarification with documentary
evidences.
Further replied in case of Estate Officer Lahore, that in compliance
to Audit observation, placement of GWL had been made available at
website of Ministry of Housing & Works which may be verified.
The reply was not acceptable because in response of departmental
reply the website was visited but no GWL was found at the website.
Further registration letters according to GWL were not issued to the
applicants.
The matter could not be discussed in the DAC meeting despite
requests by Audit.
Audit recommends investigation and action against the
responsible(s).
(DP. 10, 20, 32)
419
5.4.45 Irregular allotment of government owned accommodation/
house of higher category in violation of Accommodation
Allocation Rules
According to Rule-5 of Accommodation Allocation Rules 2002
regarding “Classification and entitlement of accommodation” it is
provided that:
(1) the entitlement of the Federal Government Servants to various categories
and classes of accommodation at Islamabad and Rawalpindi shall be as
following:
Basic
Pay Scale of
FGS
Class of
Accommodation
Category of
Accommodation
1-4
A
V-VI
5-6
B
V
7-10
C
V
11-15
D
IV
16-17
E
III
18
F
III
19
G
II
20
H
I
21-22
I
I
(2) The allotment of A to I class of accommodation shall be made in
accordance with the pay scale of the federal government servants as per
their entitlement.
(3) Classification & Entitlement for government accommodation”
denotes that the existing classes of accommodation at other stations
shall be as following:-
420
5.4.45.1 Audit noted that Estate Officer, Islamabad allotted a House No.
27, Category-II, Sector I-8/1, Islamabad to Miss Zahida Bukhari an
Officer of BPS-18 on 4
th
April, 2017.
Audit observed that the officer of BPS-18 was entitled for
accommodation of Category-III House but was allotted accommodation of
higher Category i.e. Cat-II in violation of Accommodation Allocation
Rules 2002 and Supreme Court Judgment dated 19
th
October, 2011. This
resulted into irregular allotment of higher category government owned
house against the entitlement of the officer.
Audit pointed out the irregular allotment of government house in
October-November 2017. The department did not furnish reply.
The para could not be discussed in the DAC meeting despite
requests made by Audit.
Audit stresses for the investigation of irregular allotment and
action against the person(s) at fault.
(DP. 28)
Basic Pay Scale
Old
Classification
New
Classification
1- 4
H
A
5- 6
G
B
7-10
F
C
11-15
E
D
16-17
D
E
18
C
F
19
B
G
20
A
H
21-22
-
I
421
5.4.45.2 Audit noted that Additional Estate Officer, Karachi is maintaining
government accommodation in accordance with old classification. Audit
further noted that 196 C type old classification flats/quarters for basic
scale 18 are on the pool of Estate Office Karachi. Out of 196 C type old
classification flats / quarters, 132 are situated in Federal Area while other
36 are situated in Garden Road.
Audit observed that C type old classification flats/quarters for basic
pay scale 18 situated in Federal Area had been allotted to government
servants of basic pay scale 14, 16 and 17 whereas government servants of
basic pay scale, 14 were entitled E type old classification of government
accommodation. In this same manner government servant of basis pay
scale, 16 and 17 were entitled D type old classification of government
accommodation. Thus allotment of C type old classification flats /
quarters for basic pay scale 18 situated in Federal Area allotted to
government servants of basic pay scale 14, 16 and 17 stands irregular and
unjustified.
Audit pointed out irregularity in August 2017. The department
replied that all sections had already been directed to maintain
classification and entitlement for government accommodation in
accordance with Rule 5(3) Part II AAR 2002.
The reply was not tenable because C type old classification flats /
quarters for basic pay scale 18 situated in Federal Area were allotted to
government servants of basic pay scale 14, 16 and 17 against the rules.
The para could not be discussed in the DAC meeting despite
requests made by the Audit.
Audit stresses for the investigation of irregular allotment and
action against the person(s) at fault.
(DP. 5)
422
5.4.46 Irregular allotment of government owned accommodation
Rule-4(3) of Accommodation Allocation Rules 2002 provides that
the Ministry of Housing & Works will provide designated houses for
specified posts which shall be allotted to the designated officers on an
undertaking that they will vacate the house within three months of their
transfer from the post and hand over the possession of the house through
concerned inquiry office irrespective of the fact that alternate
accommodation has been allotted to them or otherwise.
Audit noted that Estate Officer, Islamabad allotted nine (09)
government houses of various Categories to the following officers as
designated houses under the cover of Rule-4(3) of Accommodation
Allocation Rules 2002 as designated houses.
Audit observed that neither the officers nor the allotted houses fall
in the pool of designated houses as there were only three designated posts
of Chief Election Commissioner, Auditor General of Pakistan and Chief
Commissioner ICT. This resulted in irregular allotment of government
houses as detailed below:
S.
No.
Name
Designation
House/Flat No.
Date of
Allotment
1
M. Saleem Ahmad
Ranjha
Secretary
H. No. 16, St No. 63, F-7/3,
Islamabad
11.04.2016
2
Saad Bin Asad
Assistant
Commissioner
H. No. 636-E, G-6/2,
Islamabad
11.08.2016
3
Syed Kausar Ali
Zaidi
Director
H. No. 16 Cat-II,
G-10/2, Islamabad
20.07.2016
4
Raja Farukh Ali
Khan
Civil Judge
H. No 7/8-F, St No. 52, F-6/4,
Islamabad
15.08.2016
5
Miss Zahida
Bukhari
SP
H. No. 27, Cat-II,
I-8/1, Islamabad
04.04.2017
6
Nisar Ahmed Khan
PSP
H. No. 93-G, St No. 01, G-6/3,
Islamabad
14.07.2016
7
Waqas Ahmed
Raja
Civil Judge
H. No 15/5-F, F-6/4, Islamabad
21.09.2016
423
S.
No.
Name
Designation
House/Flat No.
Date of
Allotment
8
Muhammad
Shabbir
Assistant
Registrar
H. No. 210-E, G-6/4,
Islamabad
24.10.2016
9
Capt. Syed Ali
Asghar
Assistant
Commissioner
H. No. 406-E, G-6/4,
Islamabad
15.11.2016
Audit was of the view that the irregularity was due to non-
adherence to allocation rules and weak internal controls.
Audit pointed out irregularity in October-November 2017. The
department did not furnish the reply.
The para could not be discussed in the DAC meeting despite
requests made by Audit.
Audit stresses for investigation of irregular allotments and action
against the person(s) at fault.
(DP. 22)
5.4.47 Irregular allotments to Provincial government employees
Rule 29-A Relaxation of Rules AAR 2002 provides that the federal
government may relax any rule governing allotment of accommodation to
eligible federal government servants in public interest for deserving and
hardship cases and on compassionate grounds for reasons to be recorded
in writing for such relaxation. Rule-24 provides that government may, at
any stage, cancel the allotment made in violation of rules in favour of a
federal government servant including those made to the employees of non-
entitled departments.
Audit noted that Estate Office Peshawar allotted two houses B-
5(Cat-II) Hayatabad and B-53 Hassan Ghari Colony to Mr. Asmat Ullah
Khan of local government and Mr. Paind Khan, Stenographer Provincial
Assembly NWFP in violation of rule 29-A vide allotment letters dated 1
st
April, 2011 and 23
rd
May, 2009 respectively.
424
Audit observed that Rule 29-A clearly states that the federal
government may relax any rule governing allotment of accommodation to
eligible federal government servants in public interest for deserving and
hardship cases and on compassionate grounds but the allotments were
made to provincial government servants. Whereas, these servants were not
entitled to get accommodation from Estate Office pool of federal
government as there was no provision for provincial government servants
in Accommodation Allocation Rule 2002. Further, in one case, Mr. Asmat
Ullah Khan was a provincial government servant posted as Additional
Estate Officer, Peshawar on deputation basis and got accommodation
No.B-5(Cat-II) Hayatabad in relaxation of rules on normal rent up to his
deputation period i.e. 18
th
January, 2012 but during this period, the official
managed and got allotment orders under Rule 29-A in advance vide
allotment letter No.B-05/HA/EO/PR/1913 dated 1
st
April, 2011 to be
effective from 8
th
January, 2012 regarding change of allotment from
normal to standard rent i.e. after Supreme Court orders dated 19
th
October,
2011 wherein Court directed the authority that in future all the allotments
will be made strictly on merit on the basis of general waiting list and
relaxation of rules under rule 29-A will not be often exercised. After
deputation period, the official was transferred back to his parent provincial
department but the house was still in his occupation.
Audit pointed out irregularity in July 2017. The department stated
that detailed reply would be given after consultation of record.
The para could not be discussed in the DAC meeting despite
requests made by Audit.
Audit recommends investigation of irregular allotments.
(DP. 14)
425
Internal Control Weaknesses
5.4.48 Non-ejecting retired employees / unauthorized occupants and
non-recovery of government dues from defaulters - Rs 13.314
million
Rules 11 (9C) of Accommodation and Allocation Rules 2002
provides that where a pensioner who is allowed to retain the
accommodation after his retirement, defaults, the matter shall be referred
to AGPR, DBA or CAO as the case may be for recovery of dues from his
pension.
Rule 25 (2) & (3) provides that the ejectment of trespassers from
the government or hired accommodation shall be carried out by the
concerned Estate Office, immediately without serving any notice on the
trespasser and First Information Report shall be lodged against the
trespasser by the Estate Office. In order to expedite the eviction under sub-
rule (1) the Estate Office shall arrange the disconnection of services like
water supply, gas, electricity and telephone of the house under illegal
occupation.
According to Rule-25(4)(a) in case of unauthorized retention
beyond legally allotted period, rent equivalent to one rental ceiling of the
category of his entitlement or the category of the house under occupation,
whichever is more, shall be charged for each month for the entire period of
unauthorized occupation.
Rules 16(2) provides that if an occupant is found guilty of
subletting his accommodation the allotment shall be cancelled from the
date of taking over possession of the house and that person will be charged
monthly rent at the rate of one rental ceiling of his entitlement for the
entire period.
Audit noted that the matter of recovery in respect of outstanding
dues from the pension of the defaulters and unauthorized occupants
426
(retired employees) was not referred to AGPR, DBA or CAO as per ibid
rules by the Estate Offices of various regions.
Audit observed that the government was sustaining a huge loss in
shape of non-recovery of rental ceiling as recoverable outstanding dues
amounting to Rs 13.314 million.
(Rs in million)
S No
DP No
Region
Amount
1
02
Estate Office Karachi
3.260
2
23
Estate Office Islamabad
6.133
3
17
Estate Office Peshawar
0.985
4
19
Estate Office Peshawar
1.600
5
30
Estate Office Lahore
1.336
Total
13.314
Audit was of the view that non-ejecting and non-recovery of
government dues from defaulters was due to non-adherence to the
provision of respective Ordinance, Rules & Regulations and non-
pursuance of the matter vigorously reflecting ineffective implementation
of financial & internal controls.
Audit pointed out non-ejecting and non-recovery of government
dues from defaulters in July, August and November 2017. The department
replied in case of DP 02 that the audit was apprised of the background of
the issue of retired government employees and families of the deceased
employees retaining government accommodations beyond admissible
period as per rules. Since 1971 various regimes allowed retention of
accommodations to the pensioners and their descendants till formulation
of specific policy for their rehabilitation. Even today the matter is before
the Standing Committees on Housing & Works of both houses of the
Parliament. The Audit perused the record and minutes of the meetings of
both standing committees and has pointed out same in their observation
under reference. Thus the Estate Office, Karachi is bound to follow the
instructions of the highest forums of the country. Therefore, till
formulation of policy either to rehabilitate or to eject such occupants, the
Estate Office is not in a position to move ahead. However, if a complaint
is received that some quarter is not in appropriate use of retired employees
427
or his decedents and or is in occupation of persons other than the family of
retired or deceased employees, the action is taken and the said
accommodations are not only vacated but allotted to next FGS according
to general waiting list. During the year 2016-17 more or less 57
accommodations were retrieved and handed over to fresh allottees on the
same account. In view of the above, a joint meeting of the Standing
Committees is likely to be held in near future and appropriate decision is
expected in this regard which would enable this office to proceed
accordingly.
The reply was not tenable because Estate office Karachi did not
take appropriate action for eviction of the unauthorized occupied houses /
flats in accordance with AAR-2002. In other cases the department did not
furnish reply.
The matter could not be discussed in the DAC meeting despite
requests made by Audit.
Audit recommends appropriate measures towards ejectment of
unauthorized occupants besides recovery.
5.4.49 Recurring loss to government due to lack of interest on account
of non-recovery of rent from the allottees of shops and petrol
pumps - Rs 164.415 million
Section 8 of Federal Government Lands and Buildings (Recovery
of Possession) Ordinance 1965 (approved by National Assembly of
Pakistan on 9
th
March, 1966) provides that if any rent payable in respect of
any land or building has been in arrears on the day of recovery of
possession of such land or building, the amount due on account of such
arrears, with interest, if any thereon shall be recoverable as arrears of land
revenue.
Rule 26 of GFR provides that it is the duty of the departmental
controlling officers to see that all sums due to government are regularly
and promptly assessed, realized and duly credited in the Public Account.
428
Audit noted that Estate Offices of various regions allotted 254
Shops and Petrol Pumps to various concessionaires since long on
rental/lease basis.
Audit observed that the Estate Officers could not recover an
amount of Rs 164.415 million from the concessionaires on account of
rent/lease as detailed below:
(Amount in million)
S
No
DP No
Regions
No. of shops
etc
Amount
1
03
Estate Office Karachi
218 shops
159.530
2
01
Estate Office Karachi
Petrol Pumps
0.949
3
18
Estate Office Peshawar
20 shops
2.769
4
33
Estate Office Lahore
16 shops
1.167
Total
164.415
Audit was of the view that inefficient utilization of resources and
lack of interest of Estate Offices resulted into non-recovery of Rs 164.415
million.
Audit pointed out loss in July, August and November 2017. The
department in case of DP 03 replied that in the light of audit para,
Ministry of Housing & Works had introduced another policy in
connection with the previous policy regarding enhancement in rent of
shops at Karachi for year 2017 according to which the action has been
started and development will be intimated to audit in future. The reply
was not tenable as Estate Office Karachi did not take appropriate action
for eviction of the unauthorized occupied shops / Petrol Pumps in
accordance with AAR-2002.
In case of DP 01, the department replied that the Ministry of
Housing & Works after comprehensive deliberation on the issue approved
new policy of renewal of lease on the following terms:
i. The agreement will be renewed at the rate of 10% per
annum, after being expired in September 2007.
429
ii. The lease shall be for a period of 20 years subject to
enhancement of rent after every five year onward.
The policy has been implemented and agreements have been
renewed accordingly after completion of twenty years period commencing
from September 2007 to September 2027.
The reply was not tenable because the department did not address
the core causes and proposal of changes in the policy by the competent
authority. Changes in the policy clearly depict the favoritism to the lessee
and not in the interest of the government. Increase in rent not less than
10% per annum is a general practice in the market. The working, findings,
and comparison of rates then prevailing in the market was also not
available to ascertain the justification of rates. The policy of reduction in
increase rate from 50% to 25% and increase in lease period from 5 years
to 20 years was against the interest of the government on the cost of public
exchequer and government is sustaining recurring loss in shape of lesser
revenue. Moreover, the lessees did not deposit the advance rent to
government.
In other cases, the department admitted the non-recovery and
promised to recover the outstanding dues at the earliest.
The matter could not be discussed in the DAC meeting despite
requests made by the Audit.
Audit recommends for early recovery.
5.4.50 Loss to government due to non-recovery of ceiling rent from
unauthorized occupants of government accommodation -
Rs 5.433 million
As per Rule 16 (1&2) of AAR, 2002 “the accommodation shall
not be sublet by the allottees. If an allottee is found guilty of subletting his
accommodation, the allotment shall be cancelled from the date of taking
430
over possession of the house and he shall be charged monthly rent at the
rate of one rental ceiling of his entitlement for the entire period.”
Rule 25(4) of the Accommodation Allocation Rules 2002 provides
in case an accommodation is occupied or retained without legitimate
allotment or is trespassed, the Estate Office shall charge rent at the rates
given below from the occupant for the period of unauthorized occupation
or retention.(a) in case of unauthorized retention beyond legally allotted
period, rent equivalent to one rental ceiling of the category of his
entitlement or the category of the house under occupation, whichever is
more, shall be charged for each month for the entire period of
unauthorized occupation.
Rule-25 Unauthorized occupation of Accommodation Allocation
Rules, 2002. Sub-rule (1) The Estate Office shall carry out ejectments of
unauthorized occupants from the government owned or hired
accommodation under Federal Government Land and Buildings
(Recovery of Possession) Ordinance 1965 (LIV of 1965). In order to
expedite the eviction under sub-rule (1), the Estate Office shall arrange
the disconnection of services like water supply, gas, electricity and
telephone of the house under illegal occupation. (4) In case an
accommodation is occupied or retained without legitimate allotment or is
trespassed, the Estate Office shall charge rent at the rates given below
from the occupant for the period of unauthorized occupation or retention.
(a) In case of unauthorized retention beyond legally allotted
period, rent equivalent to one rental ceiling of the category of his
entitlement or the category of the house under occupation, whichever is
more, shall be charged for each month for the entire period of
unauthorized occupation;
(b) In case of trespassing or unauthorized occupation, rent
equivalent to two rental ceilings of the category of his entitlement or the
category of the house occupied, whichever is more, shall be charged for
each month for the entire period of unauthorized occupation.
5.4.50.1 Audit observed that Additional Estate Officer, Quetta did not
recover ceiling rent from the unauthorized occupants of the government
431
accommodations of various categories including Nos. 5-E, 8-E, 18-E, 44-
E, 48-E, 20-G, 21-G, 53-H, situated in CGS Colony, Quetta, 11-G and 3-
D in PWD colony, Quetta and 11-Cat-II, 145-Cat-IV in 250 houses
colony, Quetta during July 2015-16 to 2016-17. Audit further observed
that two Sub-Engineers of Pak PWD occupied government
accommodations in addition to room allotted in Federal Lodge-III.
Non-enforcement of rules resulted in non-recovery/loss of
Rs 3.112 million during the year 2015-17.
Audit pointed out the non-recovery/loss in October 2017. The
department did not furnish reply.
The para could not be discussed in the DAC meeting despite
requests made by Audit.
Audit recommends fixing of responsibility and implementation of
rules and Court‟s directions in true letter and spirit.
(DP. 21)
5.4.50.2 Audit noted that a House No. 9, Cat-II, St. No. 22, G-10/2
Islamabad was illegally occupied by Mr. Kamran Mumtaz SP since 7
th
July, 2010 under the jurisdiction of Estate Office Islamabad.
Audit observed that the house under illegal occupation was neither
vacated nor the rent equivalent to two rental ceilings of the category of the
house under occupation was recovered from the illegal occupant. This
resulted into non-ejectment/non-recovery of rental ceiling for Rs 2.321
million.
Audit was of the view that the non-ejection/non-recovery was due
to non-adherence to allocation rules and weak internal controls.
Audit pointed out irregular procurement in October/ November
2017. The department did not furnish reply.
432
The para could not be discussed in the DAC meeting despite
requests made by Audit.
Audit stresses for early vacation of the government house from
illegal possession of unauthorized occupants, besides effecting recovery
of outstanding dues.
(DP. 25)
5.4.51 Non-recovery of rental ceiling of government accommodation
Rs 4.877 million
According to Terms & Conditions No. 03 of allotment letter of
House No. 103-H, (New 35-H), St. 12, F-6/3, Islamabad issued on 14
th
September, 2010 the allottee of the house shall be responsible for payment
of rental ceiling of the house or the officer whichever is higher to Estate
Office in time.
As per Terms and Conditions of allotment letter issued to Mr.
Naseer Ahmad Rana Member (Admn) NHA vide Estate Office, allotment
letter no. 81-H (New 28-H) St. 11, F-6/3/E-IV/EO dated 15
th
September,
2010 the allottee shall be responsible for payment of rental ceiling of the
category of the house of his entitlement or the category of the house
occupied, whichever is more to Estate Office in time.
Rules 16(2) provides that if an allottee is found guilty of subletting
his accommodation the allotment shall be cancelled from the date of
taking over possession of the house and he shall be charged monthly rent
at the rate of one rental ceiling of his entitlement for the entire period.
5.4.51.1 Audit noted that Estate Officer Islamabad allotted a house to Mr.
Asghar Khan Additional Collector Customs Group, FBR vide allotment
letter no. 103-H (New 35-H), St-12, F-6/3/EIV/EO dated 14
th
September,
2010 with the condition to pay rental ceiling of the category of the house
of his entitlement or the category of the house occupied whichever is
more.
433
Audit observed that the officer occupied the house on 6
th
December, 2010 but the case file of the house disclosed that the officer
had not been paying rental ceiling since occupation of the house on 6
th
December, 2010. This resulted into non-recovery of rental ceiling of
Rs 2.160 million.
Audit pointed out non-recovery of rental ceiling in October/
November 2017. The department did not furnish the reply.
The para could not be discussed in the DAC meeting despite
requests made by Audit.
Audit stresses for early recovery of outstanding dues from the
allottee.
(DP. 26)
5.4.51.2 Audit noted that Estate Office, Islamabad allotted House No. 81-
H (New 28-H), Sector F-6/3, Islamabad to Mr. Naseer Ahmad Rana
Member (Admn) NHA on terms and conditions of payment of rental
ceiling of the category of the house of his entitlement or the category of
the occupied house whichever is more to the Estate Office on 15
th
September, 2010. The house/accommodation was vacated by the officer
on 20
th
December, 2016.
Audit observed that the allottee of the house did not pay rental
ceiling as per term & conditions of the allotment of the house. Thus the
Estate office, Islamabad failed to recover the outstanding amount of rental
ceiling from the allottee. This resulted into non-recovery of rental ceiling
of Rs 1.198 million.
Audit pointed out non-recovery in October-November 2017. The
department did not reply.
The para could not be discussed in the DAC meeting despite
requests made by the Audit.
434
Audit stresses for early recovery of outstanding dues from the
allottee.
(DP. 24)
5.4.51.3 Audit noted that House No. 12/3-C Wafaqi colony, Lahore was
allotted to Mr. Waseem Raza Assistant Director Admn EOBI, Labour
Division by Estate Office, Lahore at the ceiling rent vide No.792/12/3-
C/DKB/EOL/639 dated 2
nd
May, 2011 and occupation of the house was
made on 1
st
December, 2011.
Audit further noted that the ceiling rent was not recovered from the
allottee of the house since 1
st
December, 2011 to date (November 2017).
This resulted in non-recovery of Rs 998,668 ceiling rent from non-entitled
allottee.
Audit pointed out non-recovery in November 2017. The
department replied that the necessary letters for recovery of rent were
issued to occupant to deposit the outstanding amount. Further, an amount
of Rs 36,930 had already been deposited by allottee through challan.
Furthermore, the officer was posted in Prime Minister Secretariat (Public),
Islamabad w.e.f. 1
st
February, 2013 to till date vide their nonfiction No.
F.3(1)/2013-Admn dated 4
th
February, 2013. In the light of notification
No. F.4(62)/99-B&A dated 5
th
July, 1999 he is entitled as rent free
accommodation.
The reply was not acceptable because amount of Rs 36,930
deposited by the allottee had already been excluded from the recovery
statement prepared by Audit. Further charge assumption report & salary
slips issued by the AGPR were provided to Audit in support of reply.
The para could not be discussed in the DAC meeting despite
requests made by Audit.
Audit stresses for early recovery of outstanding dues from the
allottee.
(DP. 31)
435
5.4.51.4 Audit noted that the Additional Estate Officer Peshawar allotted
the house No.E-46 Hassan Ghari Colony Peshawar vide allotment letter
No.E-46/HG/EO/PR/1790 dated 25
th
November, 2010 and the allottee
occupied the same on 10
th
March, 2011.
Audit observed through on spot verification that the house was
sublet to another person. Later on it was also noticed that at the time of
allotment he was posted at Risalpur hence the allotment of the quarter was
cancelled and it got vacated on 16
th
March, 2016 and a notice for recovery
of rental ceiling was served vide letter No.D-46/HG/EO/PR/889 dated 16
th
August, 2016 but no recovery was made. This resulted in the non-
recovery of rental ceiling of Rs 521,379.
Audit pointed out non-recovery of rental ceiling in July 2017. The
department stated that detailed reply would be given after consultation of
record which was not accepted due to its interim nature.
The para could not be discussed in the DAC meeting despite
requests made by the Audit.
Audit stresses for early recovery of outstanding dues from the
allottee.
(DP. 16)
5.4.52 Non-ejectment / non-recovery of rent - Rs 1.448 million
Rule-7 of Accommodation Allocation Rules 2002 provides that
allotment of government owned accommodation shall be made to most
senior federal government servant on general waiting list of a particular
class or category of accommodation. Rule-12 provides that change from
one accommodation to the other or exchange of accommodation between
two allottees for same category of accommodation may be permitted by
the Ministry of Housing & Works subject to production of a certificate
from their employers to the effect that they are not expected to be retired
or transferred during the next one year and other required documents as
prescribed by Ministry of Housing & Works from time to time.
436
Rule-24 provides that government may, at any stage, cancel the
allotment made in violation of rules in favour of a federal government
servant including those made to the employees of non-entitled
departments. And Rule-25 (4-b) provides that in case of trespassing or
unauthorized occupation, rent equivalent to two rental ceilings of the
category of his entitlement or the category of the house occupied,
whichever is more, shall be charged for each month for the entire period of
unauthorized occupation. Further Rule-25 (4-c) provides that a federal
government servant against whom action is taken under this rule shall be
liable to disciplinary proceedings under the relevant rules or laws.
5.4.52.1 Audit noted that Additional Estate Officer, Peshawar allotted
house No.C.152 Hassan Ghari colony Peshawar to Mr. Muhammad
Yousaf UDC B-9 Collectorate of Customs Peshawar on 1
st
October, 2007.
Audit further noted that the occupant of the house No.D-14 Hassan Ghari
Peshawar lodged a complaint indicating that the occupant of the house
No.C-152 Hassan Ghari broke the lock of quarter No.14-D and occupied
the house on 16
th
March, 2013 without authorization. Later on, Additional
Estate Officer, Peshawar allotted the house No. D-14 to occupant in
placement of already allotted quarter on the request of the occupant to the
Minister.
Audit observed that allotment of the house is irregular /
unauthorized as:
i. The occupant occupied the house D-14 without any allotment
letter on 16
th
March, 2013 hence should have been declared
trespasser under rule 25(4-b).
ii. In view of complaint and vacation report dated 13
th
March,
2014, both the houses were in occupation of the allottee.
iii. Change of house was made under Rule-7 whereas this rule
does not deal with change of house. Change of house should
have been made under Rule 12. Further, previous allotment
was made in category-C as per his entitlement (BPS-9)
437
whereas the same was replaced with category-D which is
meant for BPS 11 to 15.
iv. The name of the allottee was not in the GWL of category „D‟
but allotted the house in violation of Supreme Court decision
dated 19
th
October, 2011 wherein honourable Court remarked
that (i) in future all the allotments will be made strictly on
merit on the basis of GWL (ii) relaxation of rules under Rule
29-A of the AAR 2002 will not be often exercised except in the
cases of hardship and that too by recording justifiable reasons
for the same after hearing the likely effected employees in the
GWL whereas no such action was taken while making the
allotment.
v. The allotment was cancelled by Additional Estate Officer on 1
st
July, 2015 and restoration application was dismissed by the
honourable Court on 6
th
June, 2017 but ejectment was not
made. In this matter the Estate office was required to recover
the rental ceiling of Rs 928,096 from the allottee.
Audit pointed out the matter in July 2017. The department stated
that the detailed reply would be given after consultation of record.
The para could not be discussed in the DAC meeting despite
requests made by Audit.
Audit stresses for the early recovery of outstanding dues from the
allottee of government house.
(DP. 15)
5.4.52.2 Audit noted that the Additional Estate Officer, Peshawar allotted
the house No.E-6 Hayatabad to Mr. Noor Zaman, Research Officer
Special Education / PSO to Minister under Rule-7 of Accommodation
Allocation vide allotment letter No.E-6/HA/EO/PR dated 19
th
July, 2008.
Audit observed that Minister for Housing & Works remarked on
the application that if the applicant is entitled then allot the house subject
438
to vacation. Further, Estate Office vide its UO letter dated 11
th
June, 2008
noted that the name of Mr. Noor Zaman was not available in the GWL but
allotted the house under Rule-7 which was irregular as the applicant was
not entitled because his name was not in the GWL. Moreover, the
competent authority cancelled the said accommodation as the allottee
became provincial government officer as a result of 18
th
amendment but
the ejectment was not made. This resulted in irregular allotment / non-
ejectment of house and non-recovery of rental ceiling of Rs 520,176.
Audit pointed out the Irregular allotment of house/non-
ejectment/non-recovery of rental ceiling in July 2017. The department
stated that detailed reply would be given after consultation of the record.
The para could not be discussed in the DAC meeting despite
requests made by the Audit.
Audit stresses for the early recovery of outstanding dues from the
allottee of the government house.
(DP. 13)
5.4.53 Non-recovery of government dues from the ex-allottee -
Rs 26.672 million
Rule-26 of General Financial Rules (Vol-I) provides that it is duty
of the departmental officer to see that all sums due to government are
promptly assessed, demanded, realized and remitted into public account
and no amount due to government should be left outstanding without
sufficient reason and where any dues appear to be irrecoverable the orders
of competent authority for their adjustment must be sought.
Rules 11 (9C) of Accommodation and Allocation Rules 2002
provides that where a pensioner who is allowed to retain the
accommodation after his retirement, defaults, the matter shall be referred
to AGPR, DBA or CAO as the case may be for recovery of dues from his
pension.
439
Audit noted that 37 government flats/quarters in different areas
under the Estate Office, Karachi were got vacated from ex-tenants of
different departments.
Audit observed that the government was sustaining a huge loss in
shape of non-recovery of house rent due to recoverable outstanding dues
against the ex-allottees amounting to Rs 26.672 million.
Audit was of the view that non-recovery of government dues
occurred due to non-adherence to the provision of respective ordinance,
rules and regulations and non-pursuance of the matter vigorously
reflecting ineffective implementation of financial and internal controls.
Audit pointed out non recovery in August 2017. The department
replied that the Estate Office Karachi is vigorously approaching the
concerned allottees and their departments for payment of arrears /
outstanding dues through concerned quarters such as AGPR, DBA, CAO
for which the audit have been shown the notice issued to the defaulters for
immediate action etc.
The reply was not tenable because inefficient utilization of
resources and lack of interest of Estate Office resulted into non-recovery
of Rs 26.672 million from the ex-allottees at the time of vacation of the
government accommodation.
The para could not be discussed in the DAC meeting despite
requests made by the Audit.
Audit stresses for the early recovery of outstanding dues from the
allottees of government houses.
(DP. 04)
440
5.4.54 Irregular retention of double accommodation and non-
recovery of dues - Rs 6.607 million
Rule-17 of Accommodation Allocation Rules-2002 provides that
(1) No Federal Government Servant shall keep more than one
accommodation at the same time in his possession. (2) If a Federal
Government Servant is found in possession of more than one
accommodation at the same time, the allotments of all the houses or flats
in his possession shall be cancelled. (3) He shall be charged rent at the rate
of one rental ceiling per month of his entitlement for possessing any
additional accommodation over and above his entitlement. (4) He shall be
liable to disciplinary action for misconduct under the relevant rules or
laws. (5) A Federal Government Servant who is found guilty under sub-
rule (iv) shall be disqualified for any allotment in future, for ten years.
Allotment Policy 2009 provides that house rent allowance payable
to him at the station of his posting or rental ceiling whichever is more will
be deposited in the relevant head of government‟s account.
Audit noted that Estate Office Islamabad allotted house No-62,
Cat-II, Street No-9, I-8/1, Islamabad to Dr. Erfa Iqbal, APSO to PM vide
office letter No. 62 Cat-II/I-8/1/EIV/EO dated 13
th
June, 2008 on payment
of prevailing monthly rental ceiling.
Audit observed that the allottee/occupant of said house neither paid
the rental ceiling amounting to Rs 1,306,634 at the rates of Rs 18,760 and
Rs 25,326 per month despite the notice issued for payment nor the
allotment was cancelled as required under the rules. Later on the occupant
(Dr. Erfa Iqbal, Director (SP) was posted abroad as Commercial Secretary,
Embassy of Pakistan Berlin for two years extendable for further two years
from 1
st
March, 2013 but the rental ceiling was not being paid by the
allottee. This resulted into irregular retention of double accommodation
and non-recovery of Rs 6.607 million.
Audit pointed out the irregularity/non-recovery of dues in October/
November 2017. The department did not furnish the reply.
441
The para could not be discussed in the DAC meeting despite
requests made by the Audit.
Audit stresses for early recovery of outstanding dues from the
allottee.
(DP. 27)
5.4.55 Irregular/inauthentic issuance of NOC without recovery of
outstanding dues - Rs 3.445 million
Rule-11(2) of Accommodation Allocation Rules-2002 provides that
at the time of vacation of allotted government accommodation, the allottee
shall hand over its possession to the enquiry office and obtain a receipt
thereof in duplicate which shall include an inventory of the fixtures and
fittings available in such accommodation and up-to-date position of the
service charges paid by him.
Sub-rule (3): The outgoing allottee shall produce up-to-date paid utility
bills and make payment for deficiencies or damages caused to the
accommodation beyond normal wear and tear at the time of handing over
possession of the house or flat to the government or the owner as the case
may be. In case he fails to do so, he shall not be issued NOC by the Estate
Office.
Sub-rule (4): The handing or taking over by enquiry offices and owner
shall not be delayed for want of clearance of utility bills or for making up
of deficiencies or damages in the said house.
Sub-rule (5): On vacation of allotted accommodation the Federal
Government Servant shall obtain an NOC from Estate Office upon
production of the vacation report and inventory of the inquiry office.
Sub-rule(6): Where a Federal Government Servant is in heavy arrears of
rent/dues, including unpaid cost of damages or deficiencies caused to the
442
property during his occupancy and utility bills left unpaid by him, the
Estate Office shall not issue NOC.
Sub-rule (9): In order to allow the processing of pension case of the
retiring or expired allottees the no demand certificate shall be issued
subject to the following conditions namely:-
(a) He shall clear all the dues including utility bills or damages or
deficiencies up to the date of retirement.
(b) Where the retired or deceased allottee or his family is allowed
to retain the accommodation for the prescribed period, the Federal
Government Servant shall submit a valid undertaking that in case
of non-clearance of utility bills, damages or deficiencies reported
in the accommodation, the amount may be recovered from his
pension.
(c) Where a pensioner who is allowed to retain the
accommodation after his retirement, defaults, the matter shall be
referred to AGPR, DBA or CAO as the case may be for recovery
of dues from his pension.
Audit observed that house rent charges 5% for Rs 3.445 million
were found outstanding against various retired government employees and
the Estate Office Islamabad had issued NOC to them in violation of Rule-
11(6) mentioned above which states that the Estate Office shall not issue
NOC without clearance of government dues. This resulted into irregular /
un-authentic issuance of NOC without recovery of outstanding dues for
Rs 3.445 million.
Audit pointed out the irregularity/non-recovery in October/
November 2017. The department did not furnish the reply.
The para could not be discussed in the DAC meeting despite
requests made by Audit.
Audit recommends early recovery of outstanding dues from the
allottees.
(DP. 29)
443
5.4.56 Non-retrieval of 78.17 Acres government land from
unauthorized occupants
Rule-25 Unauthorized occupation; Of Accommodation Allocation
Rules, 2002, sub-rule (1) The Estate Office shall carry out ejectments of
unauthorized occupants from the government owned or hired
accommodation under Federal Government Land and Buildings
(Recovery of Possession) Ordinance 1965 (LIV of 1965). In order to
expedite the eviction under sub rule (1) the Estate Office shall arrange the
disconnection of services like water supply, gas, electricity and telephone
of the house under illegal occupation. Sub rule (4) In case an
accommodation is occupied or retained without legitimate allotment or is
trespassed, the Estate Office shall charge rent at the rates given below
from the occupant for the period of unauthorized occupation or retention.
493.28 acres government land is available in different location of
Karachi as per detail given below:-
S.
No.
Location
Total Land
Area (Acres)
Encroached
Area (Acres)
01
Garden Road
14.7
3.54
02
Jehangir Road (East &
West)
157.45
22.93
03
Martin & Jail Road
81
18.85
04
Pakistan Quarters
32.13
4.9
05
Federal Area
208
27.95
Total
493.28
78.17
Audit observed that 78.17 acres of government land had been
encroached but the Additional Estate Officer Karachi did not issue any
eviction notices to the unauthorized occupants of the government land.
This resulted in non-eviction of 78.17 Acres government land from the
unauthorized occupants.
444
Audit was of the view that the non-eviction of 78.17 Acres
government land from unauthorized occupants was due to absence of an
oversight mechanism for effective implementation of internal controls.
Audit pointed out the non-eviction in August 2017. The department
replied that the Estate Office was the only pool for allotment for Federal
Government quarters situated at various places in Karachi. Whereas the
sole custodian of the federal government land is the Pak P.W.D. The
matter may be taken up with Pak P.W.D. to obtain the details of
government land as well as encroached land as Estate Office is not
concerned with the land.
The reply was not tenable. The 78.17 acres of government land
have been encroached but the Additional Estate officer did not issue any
eviction notices to the unauthorized occupants of the government land.
The para could not be discussed in the DAC meeting despite
requests made by Audit.
Audit stresses for early eviction of government land.
(DP. 07)
5.4.57 Non-cancellation of house / non-recovery of rental ceiling -
Rs 827,487 and less recovery of 5% HRA - Rs 171,800
Rule 15(5-B) provides that a Federal Government Servant may
retain an accommodation for a maximum period of up to one year during
all kind of leave. Rule 25(4-A) provides that in case of unauthorized
retention beyond legally allotted period, rent equivalent to one rental
ceiling of the category of his entitlement or the category of the house
under occupation, whichever is more, shall be charged for each month for
the entire period of unauthorized occupation.
Audit noted that the Additional Estate Officer, Peshawar allotted
house No.B-3 (Cat-II) Hayatabad Peshawar to Mr. Abdul Muneem
Khattak, Audit Officer O/o the Director General Audit NWFP Peshawar
445
vide letter No.B-3 (Cat-II) HA/EO/PR dated 30
th
November, 2007 with
the direction that deduction of 5% rent will be made at the rate of
maximum of BPS-19.
Audit observed that the occupant remained on EOL from 1
st
March, 2013 to 28
th
February, 2017 but neither the allotment was
cancelled nor recovery of rental ceiling of BPS-19 was made. Further,
recovery of 5% HRA was made up to 30
th
September, 2016 as per his
actual pay instead of at the rate of 5% of maximum basic pay of BPS-19
as per allotment letter. This resulted in non-cancellation of house and non-
recovery of rental ceiling of Rs 827,487 and less recovery of 5% of
Rs 171,800.
Audit pointed out the non-cancellation of house and non-recovery
of rental ceiling and less recovery of 5% HRA in July 2017. The
department stated that detailed reply would be given after consultation of
record.
The para could not be discussed in the DAC meeting despite
requests made by the Audit.
Audit stresses cancellation and early recovery of outstanding dues
from the allottee.
(DP. 12)
5.4.58 Non issuance of final No Demand Certificate, non-vacation of
government accommodation and non-clearance of government
dues
Rule 11 (9) of AAR-2002 Chapter VII- occupation or vacation
describes, that “in order to allow the processing of pension case of the
retiring / expired allottees the, No Demand Certificate shall be issued
subject to the following conditions”.
a) He shall clear all the dues including utility bills/damages/deficiencies
up-to-the date of retirement.
446
b) Where the retired/deceased allottee or his family is allowed to retain the
accommodation for the prescribed period, the Federal Government
Servant shall submit a legal undertaking that in case of non-clearance of
utility bills, damages or deficiencies reported in the accommodation, the
amount may be recovered from his pension.
c) Where a pensioner who is allowed to retain the accommodation after his
retirement, defaults, the matter shall be referred to AGPR/DBA/CAO etc.
for recovery of dues from his pension.
Audit noted that the Additional Estate Officer Karachi issued 139
provisional clearance certificates during the financial year 2016-17.
Audit observed that provisional clearance certificates were issued
instead of No Demand Certificates as required according to the above rule.
Further it was mentioned on provisional clearance certificates that final No
Demand Certificate will be issued on vacation of government
accommodation and clearance of all dues.
Audit was of the view that non issuance of No Demand Certificate,
non-vacation of government accommodation and non-clearance of
government dues were due to inadequate mechanism of administrative,
financial and internal controls.
Audit pointed out the irregularity in August 2017. The department
replied that:-
a) Final No Demand Certificate will be issued after vacation of
accommodation.
b) This office is vigilant and will not give the margin to the
retired allottees till the recovery of the damages, utility bills
or deficiencies up to a certain time for their occupation.
c) In the matter of non-clearance of government dues, the rent
section has been issuing notices for clearance of dues on time
to time basis and some allottees are paying rent partially.
447
The reply was not tenable because the department did not ensure
compliance to ibid Rule.
The para could not be discussed in the DAC meeting despite
requests made by Audit.
Audit stresses for early recovery of outstanding dues and vacation
of government accommodations.
(DP. 09)
448
CHAPTER 6
FEDERAL GOVERNMENT EMPLOYEES HOUSING
FOUNDATION
(MINISTRY OF HOUSING AND WORKS)
6.1 Introduction
Federal Government Employees Housing Foundation (FGEHF)
was established in 1989 by Ministry of Housing and Works, Government
of Pakistan. The FGEHF is a public limited company registered with the
Securities and Exchange Commission of Pakistan under Section 42 of
Companies Ordinance, 1984. The FGEHF is authorized to initiate, launch,
sponsor and implement Housing Schemes for Federal Government
Employees in major cities of Pakistan, to make and assist, as far as
possible, each of them to have house at the time of retirement or earlier.
The Housing Foundation shall not itself setup or otherwise engage in
individual and commercial activity or in any function as a trade
organization.
FGEHF is under the administrative control of Ministry of Housing
and Works.
Objectives of the entity are:
i. To provide shelter for Federal Government Employees, serving
and retired and for the other specified groups of people as
decided by the Housing Foundation from time to time and
assist as far as possible each of them to have a house at the
time of retirement or earlier, and his dependents in case of his
death before retirement on such terms as the Housing
Foundation may determine.
ii. To initiate, launch, sponsor and implement Housing Schemes
for Federal Government Employees serving and retired and for
other specified groups of people as decided by the Housing
449
Foundation from time to time on ownership basis in Islamabad,
the Provincial Capitals and other major cities of Pakistan.
Major functions of the entity are to:
i. Purchase land and plan, execute, develop, construct, sublet,
administer, manage or control works.
ii. Establish, subsidize, promote, co-operate with, receive into
Housing Foundation, become member of, act as or appoint
trustees, agents of, delegates for, controls, manage,
superintend, give gifts, lend monetary or other assistance to
any council as may deem conducive to or to achieve or to
further any of the objects and purposes of the Housing
Foundation.
iii. Admit any Federal Government employee to be member of
the Housing Foundation on such term and to confer on
them such rights and privileges as may be deemed
expedient.
iv. Raise and borrow any moneys and funds required for
purposes of the Housing Foundation and on such securities
as may be determined.
v. Work, improve, manage, administer, develop and turn to
account lease, mortgage or otherwise dispose of or deal
with all or any of the funds, properties and assets of the
Housing Foundation.
vi. Work as town planner, and civil engineer in all its details
and to act as consultant, architect, advisor and constructor
of buildings, roads bridges, etc.
vii. Undertake construction of all civil works including
buildings, roads, bridges, etc.
450
6.2 Comments on Budget and Accounts (Variance Analysis)
i. Audited financial statements were not finalized by the
management till the finalization of this report.
ii. Budget allocation and expenditure of FGEHF for the financial
year 2016-17 is as under:
(Rs in million)
Nature
Allocation
Actual
Expenditure
Variation
Excess/
(Saving)
Variation
in %
Non-
Development
395.811
409.253
13.442
3.396
Development
39,257.500
10,181.537
(29,075.963)
(74.064)
Total
39,653.311
10,590.790
(29,062.521)
(73.291)
A sum of Rs 395.811 million was allocated for operational
expenses for the financial year 2016-17 whereas actual expenditure of
Rs 409.253 million was incurred involving excess of Rs 13.442 million
which constitutes 3.396 % of the budget allocation.
A sum of Rs 39,257.500 million was allocated for development
activities for the financial year 2016-17 against which an expenditure of
Rs 10,181.537 million was incurred involving savings of Rs 29,075.963
million which constitutes 74.06% of the budget allocation. This indicated
that the development activities could not be undertaken at all.
Receipts
(Rs in million)
Head of
Receipt
Estimated
Receipts
Actual
Receipts
Variation
Excess/
(Shortfall)
Variation
in %
Receipt
from sales
40,582.000
15,635.312
(24,946.688)
(61.472)
Misc.
Receipts
370.000
430.204
60.204
16.271
Total
40,952.00
16,065.516
(24,886.484)
(60.769)
451
Target of estimated receipts was fixed at Rs 40,952.000 million for
the financial year 2016-17. Actual receipts of Rs 16,065.516 million were
realized, which were only 39.23% of the estimated receipts. There was a
deficit of Rs 24,886.484 million in actual receipts, which was 60.77% of
the estimate.
6.3 Brief comments on the status of compliance with PAC’s
directives
Directorate General Audit Works (Federal) conducted audit of the
accounts of FGEHF during 2011-12 for the first time. This office prepared
a Special Audit Report covering the period from 2008-09 to 2010-11 and
Regularity Audit Reports for the years 2012-13, 2013-14, 2014-15,
2015-16 and 2016-17.
Audit Reports for the year 2013-14 and 2015-16 have been
discussed by PAC, while rest of the reports are yet to be discussed.
Compliance position of PAC‟s directives is as under:
Year
Total
Paras
No. of
Paras
Discussed
Compliance
Made
Compliance
Awaited
Percentage
of
Compliance
2013-14
10
07
02
05
71.42
2015-16
05
05
-
05
-
452
6.4 AUDIT PARAS
Irregularity and Non-Compliance
6.4.1 Execution of projects without appointment of Project Director
According to item 3.17 of Guidelines for Project Management
approved by the Project Wing, Planning Commission and Government of
Pakistan and as per ECNEC decision dated 18
th
February 2004, an
independent (full time) Project Director should be appointed for the
project costing Rs 100.00 million and above. Project Director can be
appointed on additional charge basis, if the cost of the project is below
Rs 100 million.
Audit noted that Federal Government Employees Housing
Foundation (FGEHF), Islamabad awarded different works of infrastructure
development to various contractors / Joint Ventures (JVs).
Audit observed that FGEHF made payment of
Rs 28,721.406 million without appointment of independent Project
Directors in violation of the decision of ECNEC on the said projects. This
resulted in irregular execution of projects and payments of Rs 28,721.406
million.
Audit was of the view that appointment of Project Directors was
not made due to non-adherence to the decision of ECNEC and weak
project management controls.
Audit pointed out non-appointment of Project Directors in
November-December 2017. The Foundation did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the Foundation explained that all functions relating to
planning, coordinating, budgeting and supervising the projects were
collectively performed by the personnel of Technical Wing i.e. Director,
Deputy Director, Assistant Director, and Sub-Engineers. In future the
453
Project Director would be appointed according to the needs of projects. In
present situation appointing of independent Project Director for each
project would result in increase in the cost of project.
DAC directed that Planning Commission‟s guidelines regarding
appointment of independent Project Director be followed strictly and
Executive Committee may consider nomination of qualified personnel as
Project Director in the light of Planning Commission‟s guidelines for
effective execution of projects.
Audit recommends early compliance to DAC‟s directive regarding
appointment of qualified Project Directors.
(DP.09)
6.4.2 Award of contract to an ineligible firm
As per NIT / Advertisement published on 29
th
November, 2015 the
bidders were required to provide with the Expression of Interest (EOI):
(a) Detail of housing and infra-structural projects completed in the last
five years with photographs / brochures and documents proof as
under:
(i) Name of projects, place and client
(ii) Scope of work
(iii) Detail of projects (multi-storey, high rise or detached housing,
whether residential or commercial) along with total covered
area and cost of the project, date of start and completion
(b) Complete information regarding bio-data/qualification/experience
of key personnel
(c) Certified proof of financial soundness (from bank)
(d) Audited balance sheet/income statements for the last 3 years along
with annual turnover of the company for the last 5 years
(e) Performance Certificates from the clients for whom similar
services have been rendered if any.
454
All the information was to be supported by relevant documents,
letters and certificates etc. Any information provided without required
documents shall not be considered for evaluation.
Audit noted that the Executive Committee/Board of Directors of
Federal Government Employees Housing Foundation in its 132
nd
meeting
held on 8
th
January, 2015 accorded approval to create sufficient land for
FGEHF projects. It was further noted that the Foundation invited
Expression of Interest (EOI) on 22
nd
March, 2015 for Joint Ventures (JVs)
from well reputed national or international (collaboration with national
companies)/ Housing Developers/investment companies/firms/individuals
as per terms with vast experience. Due to incomplete information in the
advertisement published on 22
nd
March, 2015 the advertisement of EOI
with reference to Memorandum of Understanding (MoU) (detailed
revised terms) was again published in national dailies on 29
th
November,
2015.
MoU for the project “Development of Housing Scheme at M-2
Thalian” was signed with M/s K.S Developers on 3
rd
July, 2015 and an
agreement for Rs 23,000.0 million was signed on 23
rd
September, 2016 to
be completed in 24 months.
Audit observed following irregularities / lapses in the calling of
bids and award of contract:
a. The advertisement published on 22
nd
March, 2015 did not contain
complete information. The Foundation published 2
nd
advertisement
of EOI on 29
th
November, 2015 with reference to the MoU. There
was no reference of the previous EOI in the advertisement
published on 29
th
November, 2015 or in the MoU.
b. The bids received in response to EOI dated 22
nd
March, 2015 were
not scraped / rejected.
c. Interested parties were required to prove financial capacity to
develop the infrastructure work. Only a Certificate regarding
financial soundness was obtained from Allied Bank of Pakistan by
455
M/s K.S Developers on 28
th
May, 2015 and provided to the
FGEHF as under:
“This is to certify that M/s K.S Developers is maintaining
Account No. 0010033099330014 since 16
th
April, 2015 and have
allied business account with us. This certificate is issued on
specific request of the customer without any responsibility on
part of Bank or any of its employees”.
The certificate indicates that the bank account was opened on
16
th
April, 2015 while the advertisement of EOI was published
on 22
nd
March, 2015.
d. M/s K.S Developers did not submit audited balance sheet/income
statement alongwith annual turnover of the Company and bank
statement as required.
e. Complete detail of qualification, bio-data and experience of key
personnel of the Company was not provided.
f. Detail/information of housing infrastructural projects completed
in the last five years was not provided:
g. Performance Certificate from the clients for whom similar
services had been rendered, was not provided by the Company.
h. M/s K.S Developers were registered, with the FBR on 8
th
June,
2015 and incorporated under Companies Ordinance, 1984
(XLVII) in Securities & Exchange Commission of Pakistan
(SECP) on 16
th
March, 2015. The Company was incorporated
just six (6) days prior to advertisement of EOI and registered
with FBR after advertisement.
i. The company or individual was not registered with Pakistan
Engineering Council as service providers, engineers or
contractors/ consultants in the required category/financial limit.
This resulted in award of contract of Rs 23,000 million to an
ineligible firm.
456
Audit is of the view that the contract for development of housing
scheme at Thalian was awarded to an ineligible firm due to non-adherence
to the EOI/bid evaluation criteria and weak contract management.
Audit pointed out the irregular award of contract in November-
December 2017. The Foundation did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, DAC observed that Public Accounts Committee has the
cognizance of the issue and constituted a Sub-Committee to examine it
and submit report. Para was pended and linked with the decision of PAC.
Audit recommends for fixation of responsibility of irregular award
of contract to an ineligible firm.
(DP.10)
6.4.3 Purchase of land from an ineligible firm - Rs 4,250 million
As per Expression of Interest (EOI), only real owners or those
having valid power of Attorney of land were eligible to offer bid. MoU
signed with the bidder also provided that land has to be under exclusive
dominion of the bidder.
Audit noted that the Federal Government Employees Housing
Foundation invited Expression of Interest (EOI) on 22
nd
March, 2015 for
Joint Ventures from well reputed national or international (collaboration
with national companies)/ housing developers/investment companies/
firms / individuals as per terms with vast experience. Due to incomplete
information in the advertisement published on 22
nd
March, 2015 the
advertisement of EOI with reference to MoU (detailed revised terms) was
again published in national dailies on 29
th
November, 2015. Audit further
noted that an agreement was signed between FGEHF and M/s K.S
Developers & Builders (Pvt.) Limited on 23
rd
September, 2016 for
“Development of Federal Government Employees Housing Foundation
M-2 Housing Scheme at Thalian, Islamabad”.
457
Audit observed that M/s K.S Developers were not the owner of any
compact piece of land or had any kind of power of attorney. M/s K.S
Developers submitted only agreements to sell land to the Housing
Foundation. Hence, bid of M/s K.S Developers was non-responsive and
liable to rejection but the contract for development of the housing scheme
was signed with the non-responsive bidder. This resulted in irregular
purchase of land for Rs 4,250 million from an ineligible firm.
Audit was of the view that the irregularity occurred due to weak
internal and financial controls.
Audit pointed out the matter in November-December 2017. The
Foundation did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, FGEHF explained that after due process of pre-
qualification, final selection of one JV Partner was made after approval of
Joint Venture policy by the Federal Cabinet.
DAC observed that Public Accounts Committee has the
cognizance of the issue and constituted a Sub-Committee to examine it
and submit report. Para was pended and linked with the decision of PAC.
Audit recommends for fixation of responsibility regarding
purchase of land from ineligible firm.
(DP.13)
6.4.4 Loss to allottees due to purchase of land at higher rates -
Rs 1,725 million
As per advertisement for “Development of Federal Government
Employees Housing Foundation M-2 Housing Scheme at Thalian,
Islamabad”, the bidders were required to provide price of raw land in their
terms of JV.
458
Audit noted that M/s K.S Developers did not provide rate of raw
land in their offer and MoU signed between FGEHF and M/s K.S
Developers. Rate of Rs 500,000 and Rs 350,000 per Kanal for Mouza
Moorat and Chehan were agreed in the contract signed on 23
rd
September,
2016.
Audit observed that M/s Danish Enterprises & Construction were
appointed by FGEHF as Evaluator (State Bank Approved Evaluator) for
evaluation of price of land for Thalian Housing Scheme. As per
Evaluation Report submitted by the State Bank Approved Evaluator on 1
st
September, 2016 the rates agreed with M/s K. S Developers were higher
than the evaluated rates of Average Yaksala and market rates of land
prevailing in the Mouza Moorat and Chehan District Attock and
Rawalpindi.
Audit is of the opinion that due to non-adherence to the canons of
financial propriety and the failure of management to protect the interest of
the Foundation from compromise, the allottees were put to loss of
Rs 1,725 million.
Audit pointed out the loss in November-December 2017. The
Foundation did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, FGEHF explained that as per JV Policy approved by the
Federal Cabinet, M/s Danish Enterprises was selected for evaluation of
land offered by different companies. Evaluator collected data from the
open market, obtained DC rates, and took into consideration other relevant
factors before arriving final average price of raw land. Rates were reduced
by Rs 3.56 Lac per kanal for Mouza Chahan and Rs 5.29 Lac per kanal for
Mouza Mourat. (Rs 129,000 per kanal additional cost which include cost
of dual carriageway 150 ft wide 3-4 km or Motorway interchange and
compact piece of 10000 kanal). In case the interchange cannot be
constructed for any unforeseen reason or force majure, FGEHF shall be
indemnified by the JV Partner and the amount on account thereof shall be
reduced accordingly from the per kanal average price of raw land decided
amongst FGEHF and JV Partner.
459
DAC observed that Public Accounts Committee has the
cognizance of the issue and constituted a Sub-Committee to examine it
and submit report. Para was pended and linked with the decision of PAC.
Audit stresses for implementation of prevailing market rates of
land in the area and responsibility be fixed against the persons at fault.
(DP.12)
6.4.5 Irregular payment of mobilization advance - Rs 756.250
million
According to clause 14.2, the Employer shall make an advance
payment as an interest free loan for mobilization, when the Contractor
submits a guarantee in accordance with this sub-clause, at the rate of 10%
of accepted contract price in two parts; 50% upon mobilization at site and
50% after 40 days of payment of first half. The advance payment shall be
repaid through percentage deductions from the interim payments.
As per Letter of Acceptance No.50 (F-14-15 Dev) /Tech / 2015/HF
dated 29
th
September, 2016 the firm shall mobilize at site of the project
after proper handing/taking over the project site, contingent upon
announcement of Award under Section 11 of Land Acquisition Act, 1894
and upon signing of contract agreement with the client.
Audit noted that Federal Government Employees Housing
Foundation, Islamabad called bids for the work “Infrastructure
Development Work in Sector F-14 and F-15” on EPC/Turnkey basis on
2
nd
March, 2016. The work was awarded to M/s Frontier Works
Organization (FWO) on 29
th
September, 2016 at agreed cost of Rs
15,125.449 million. The work (design phase) was started on 11
th
July,
2017 whereas mobilization advance of Rs 756.250 million was paid to the
contractor on 22
nd
June, 2017 as first part.
Audit observed that the advance payment for mobilization was to
be released after mobilization of the contractor at site of the project,
460
proper handing / taking over the project site contingent upon
announcement of Award under Section 11 of Land Acquisition Act, 1894
and signing of contract agreement with the client. Audit further observed
that advance payment was made to the contractor before fulfilling
conditions of the Letter of Acceptance. This resulted in irregular payment
of mobilization advance of Rs 756.250 million.
Audit is of the view that irregularity occurred due to lack of
oversight mechanism for implementation of internal controls and poor
contract management.
Audit pointed out the irregularity in November-December 2017.
The Foundation did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, Audit contended that mobilization advance was paid to the
contractor without handing over of project land and mobilization at site.
FGEHF explained that half of the admissible mobilization advance was
paid to the contractor against bank guarantee after mobilization at site for
detailed survey of topography to prepare the detailed working drawings
and design. Subsequently land possession issue arose and affectees filed a
case in court against land acquisition. The Islamabad High Court has given
decision against acquisition of land in F-14/F-15. FGEHF has submitted
an Intra-court appeal. DAC pended the para till decision of the case.
Audit recommends to take necessary measures towards irregularity
and for fixation of responsibility.
(DP.14)
6.4.6 Launching of housing scheme without mutation of 100 kanals
of raw land as Performance Security in the name of FGEHF -
Rs 42.500 million
As per Clause 23 of agreement signed between FGEHF and M/s
K.S Developers on 23
rd
September, 2016 for “Development of Federal
Government Employees Housing Foundation M-2 Housing Scheme at
Thalian, Islamabad, the Company was required to provide Performance
461
Security in shape of 100 Kanal of raw land before formal launch of the
project.
Audit noted that the Federal Government Employees Housing
Foundation invited (EOI) on 22
nd
March, 2015 for Joint Ventures from
well reputed national or international (collaboration with national
companies)/ housing developers/ investment companies/ firms/ individuals
as per terms with vast experience. Due to incomplete information in the
advertisement published on 22
nd
March, 2015, the advertisement of EOI
with reference to MoU (detailed revised terms) was again published in
national dailies on 29
th
November, 2015. Audit further noted that an
agreement was signed between FGEHF and M/s K.S Developers &
Builders (Pvt.) Limited on 23
rd
September, 2016 forDevelopment of
Federal Government Employees Housing Foundation M-2 Housing
Scheme at Thalian, Islamabad”.
Audit observed that the Company launched the housing scheme
formally and started booking of plots before providing Performance
Security in shape of 100 Kanal of raw land to the Federal Government
Employees Housing Foundation in 2016. This resulted in non-mutation of
100 Kanal raw land in the name of the Foundation as Performance
Security of Rs 42.500 million.
Audit pointed out the irregularity in November-December 2017.
The Foundation did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, FGEHF explained that 1407 kanals of raw land have
already been transferred in the name of FGEHF by K.S. Developers &
Builders. However, due to intervention of PAC, whereby it was advised/
directed to halt the project, all the transfer of land has been stopped till
final outcome of PAC. DAC pended the para and linked it with the
decision of PAC.
Audit recommends for fixation of responsibility of irregularity.
(DP.11)
462
Performance
6.4.7 Non-development of housing scheme due to poor performance
As per Memorandum of Articles, the Federal Government
Employees Housing Foundation was established to provide shelter for
Federal Government Employees serving and retired and for other specified
groups of people as decided by the Foundation from time to time and
assist as far as possible each of them to have a house at the time of
retirement or earlier, and his dependents in case of his death before
retirement.
Audit noted that Federal Government Employees Housing
Foundation launched/introduced various housing schemes at different
locations in Islamabad and allotted approximately 21,000 plots to the
employees.
Audit observed that since completion of housing scheme at G-13,
Islamabad in 2007, no further housing schemes could be completed/
developed by the FGEHF despite deposit of billions of rupees by the
employees. Audit held that non-development of the housing schemes led
to non-provision of plot or house to the employees on or before retirement
date. FGEHF miserably failed to provide shelter to homeless Federal
Government employees and other specified groups of people.
Audit was of the view that very purpose of the Housing
Foundation to provide shelter for Federal Government Employees could
not be achieved due to mismanagement and poor performance.
Audit pointed out the poor performance of the Foundation in
November-December 2017. The Foundation did not furnish preliminary
reply to audit observation.
The matter was discussed in the DAC meeting held in January
2018, wherein, FGEHF explained that Foundation is trying its best to
execute each of its projects in time to hand over the plots to allottees.
However, there were some hurdles in between Housing Foundation and
463
projects including court cases. That caused delays in completion of
projects. DAC directed FGEHF to expedite progress on the projects and
pursue the court cases actively.
Audit recommends for taking necessary measures towards the
matter.
(DP.16)
Internal Control Weaknesses
6.4.8 Excess payment due to execution of quantities more than
contract agreement - Rs 805.566 million
According to Para 95 of CPWD Code, when any excess over a
sanctioned estimate is foreseen, and there is likely to be an unavoidable
delay in the preparation of a revised estimate, an immediate report of the
circumstances should be made to the authority whose sanction will
ultimately be required. When a revised estimate is submitted, it must be
accompanied by a statement comparing it with the latest existing sanction
of competent authority, and by a report showing the progress made to date.
As per Para 96 of the ibid Code, when excesses occur at such an advanced
period in the construction of a work as to render the submission of a
revised estimate purposeless, the excesses, if beyond the power of the
Divisional Officer to pass, may be explained in a Completion Report or
Statement prepared under the rules in paragraph 99.
As per minutes of the Executive Committee of the Federal
Government Employees Housing Foundation, Islamabad of 132
nd
meeting
held on 8
th
January, 2015 (Agenda Item No. 9), the Executive Committee
unanimously accorded approval for extension in time limit up to one year
to M/s NCL in the Contract Agreement between M/s NCL and Housing
Foundation, with effect from date of expiry of contract period i.e. 6
th
September, 2014. There shall be no escalation / variation in cost during the
extended period of the contract as per Clause 70.1 of the Contract
Agreement.
464
6.4.8.1 Audit noted that FGEHF, Islamabad awarded a work construction
of infrastructure works for Development of Sectors G-14/1,2,3& G-15/3
Islamabad (contract Package-01 for sector G-14/2 & G-14/3) to M/s NCL
on 24
th
August, 2012 at the bid cost of Rs 1,499.439 million subject to
completion of work within 24 months. The contract was later, assigned to
M/s ASCO under clause 3.1 (a sub-contractor) at the same terms and
conditions. An amount of Rs 1,146.304 million was paid to the contractor
up to 13
th
IPC paid in May 2017.
Audit observed that certain items of work were measured and paid
more than those provided in the BOQ. Some items of work were paid
without their provision in the BOQ and approval of the competent
authority in violation of the approval accorded in 132
nd
meeting of the
Executive Committee. This resulted in excess execution of extra items/
payment of Rs 696.791 million, which was 46.47% more than the agreed
cost of the work.
Audit is of the view that the excess payments were made due to
non-adherence to the approval of the Executive Committee of the
Foundation, provision of BOQ/TS Estimate, inadequate implementation of
oversight mechanism for exercising technical, financial and internal
controls.
Audit pointed out the excess payments in November-December
2017. The Foundation did not furnish preliminary reply to audit
observation.
The matter was discussed in the DAC meeting held in January
2018, wherein, FGEHF explained that as per agreement clauses 51.1 and
52.2 the engineer of the project can make any variation/valuate increased
or decreased quantity of the work and can recommend for formal approval
of the client. In this connection a revised estimate has been prepared and
will be placed before a committee constituted by Executive Committee for
approval. DAC directed to finalize the report of the committee and
approval of competent authority and get it verified from Audit.
465
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for investigation and fixation of responsibility.
(DP.06)
6.4.8.2 Audit noted that Federal Government Employees Housing
Foundation, Islamabad awarded a work Development and Rehabilitation
works of Sector G-13, Islamabadto M/s Zafar & Co at agreement cost of
Rs 946.518 million. The work was started on 22
nd
August, 2016 and was
to be completed up to 21
st
August, 2018. An amount of Rs 747.482 million
was paid to the contractor up to 8
th
IPC.
Audit observed that certain items of work were measured and paid
more than those provided in the BOQ. Some items of work were paid
without their provision in the BOQ and without approval of the competent
authority. This resulted in excess payment of Rs 108.775 million.
Audit was of the view that the excess payments were made due to
non-adherence to provision of BOQ/TS Estimate, inadequate
implementation of oversight mechanism for exercising technical, financial
and internal controls.
Audit pointed out the excess payments in November-December
2017. The Foundation did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the Foundation explained that the quantities of different
items have been increased due to site requirements and after obtaining the
laboratory test report. The amount is within the permissible limit of 15%
of the agreement amount. The revised PC-I will be got approved from
DWP in the next meeting. DAC directed FGEHF to complete the process
of regularization by the competent forum and get it verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
466
Audit recommends for early compliance to the DAC‟s directive.
(DP.07)
6.4.9 Overpayment due to application of higher rate for similar item
- Rs 152.197 million
According to Clause 52.1 of agreement, referred to in Clause 51
and any additions to the Contract Price which are required to be
determined in accordance with Clause 52 (for the purposes of this Clause
referred to as “varied work”), shall be valued at the rates and prices set out
in the contract if, in the opinion of the Engineer, the same shall be
applicable. If, the contract does not contain any rates or prices applicable
to the varied work, the rates and prices in the contract shall be used as the
basis for valuation so far as may be reasonable, failing which, after due
consultation by the Engineer with the employer and the contractor,
suitable rates or prices shall be agreed upon between the Engineer and the
Contractor. In the event of disagreement, the Engineer shall fix such rates
or prices as are, in his opinion, appropriate and shall notify the contractor
accordingly, with a copy to the employer. Until rates or prices are agreed
or fixed, the Engineer shall determine provisional rates or prices to enable
on account payments to be included in certificates issued in accordance
with clause 60.
Audit noted that Federal Government Employees Housing
Foundation, Islamabad awarded a work construction of infrastructure
works for Development of Sectors G-14/1,2,3& G-15/3 Islamabad
(contract Package-01 for Sector G-14/2 & G-14/3) to M/s NCL on 24
th
August, 2012 at the bid cost of Rs 1,499.439 million subject to completion
of work within 24 months. The contract was later, assigned to M/s ASCO
(a sub-contractor) on the same terms and conditions. An amount of
Rs 1,146.304 million was paid to the contractor up to 13
th
IPC paid in May
2017.
Audit further noted that as per BOQ/Agreement under head “Road
Work” a quantity of 318,355 Cu.m and under head “Area Development” a
quantity of 696,372 Cu.m was provided for Making/Formation of
467
Embankment from borrows excavation/common material @ Rs 243.15 per
Cu.m respectively. Upto IPC-13, a quantity of 320,154.87 Cu.m and
800,827.80 Cu.m was paid having an excess quantity of 1,799.87 Cu.m
and 104,455.80 Cu.m respectively with an excess amount of Rs 25.836
million.
Audit observed that in presence of BOQ item of formation of
embankment, an extra item “making earthen embankment with earth taken
outside the sector….” was included in both the heads of Road work and
Area Development @ Rs 647.40 (Part Rate Rs 424.686) per Cu.m and Rs
538 (Part Rate Rs 439.492) per Cu.m respectively. Audit was of the view
that item of embankment was already available in the BOQ with lesser
rates therefore execution through extra items by declaring earth from
outside the Sector at enhanced rates resulted in overpayment of
Rs 152.197 million as detailed below:
Sub Head
Full
Rate
of
Item
Part
Rate
paid
BOQ
Rate
Difference
Quantity
Amount
(Rs)
Road Work
647.40
424.686
243.15
181.536
250,000
45,384,000
Area
Development
538.00
439.492
243.15
196.342
544,014
106,812,797
Total Overpayment
152,196,797
Audit pointed out the overpayment in January 2018. The
Foundation did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein the Foundation explained that the excess quantity was
executed beyond BOQ provision for the development of the Markaz G-14
and road of G-15/3 towards GT road to safeguard the area. However, extra
item was executed for formation of embankment from borrow, which was
duly approved along with analysis of rates. Audit contended that rates paid
for extra items were on higher side as compared to BOQ rates of similar
items. The rates of extra items paid in sub-heads of package-1 i.e. road
work and area development were different from each other i.e. in case of
road work it was paid for Rs 647.40 per Cu.m and in case of area
468
development for Rs 538.00 per Cu.m. The management agreed that record
will be consulted and if enhanced rate is found paid, recovery will be
made.
In case of DP.02 the Foundation explained that additional required
quantity of earth beyond the approved quantity of original estimate was
brought from outside sources and extra item got approved by the
competent authority. However, part payment was made in IPC 13 for extra
item. The revised estimate has been prepared and be placed before the
committee constituted by Executive Committee. Moreover, remaining
amount of Rs 99.648 million for earth has been withheld in IPC-14 till
revision of estimate. Audit contended that higher rate was paid for the
varied quantities.
DAC directed the Foundation to obtain approval of variation in
scope of work from competent forum. DAC further directed that rates of
items as provided in the BOQ shall be applied to quantities of extra items.
Record may be got verified from Audit within two weeks.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive
besides fixing of responsibility against person(s) at fault.
(DP. 01&02)
6.4.10 Overpayment of price escalation - Rs 99.215 million
As per minutes of the Executive Committee of the Federal
Government Employees Housing Foundation, Islamabad of 132
nd
meeting
held on 8
th
January, 2015 (Agenda Item No. 9), the Executive Committee
unanimously accorded approval for extension in time limit up to one year
to M/s NCL in the Contract Agreement between M/s NCL and Housing
Foundation, with effect from date of expiry of contract period i.e. 6
th
September, 2014. According to the approval, there shall be no escalation /
469
variation in cost during the extended period of the contract as per Clause
70.1 of the Contract Agreement.
Audit noted that Federal Government Employees Housing
Foundation (FGEHF), Islamabad awarded a work construction of
infrastructure works for Development of Sectors G-14/1,2,3& G-15/3
Islamabad (contract Package-01 for sector G-14/2 & G-14/3) to M/s
National Construction Limited on 24
th
August, 2012 at the bid cost of
Rs 1,499.439 million subject to completion of work within 24 months. The
contract was later, assigned to M/s ASCO (a sub-contractor) at the same
terms and conditions. An amount of Rs 1,146.304 million was paid to the
contractor up to 13
th
IPC paid in May 2017.
Audit observed that Federal Government Employees Housing
Foundation, Islamabad allowed escalation of Rs 99.215 million to M/s
ASCO (assignee contractor of M/s NCL) for the extended period from
2015 to 2017 in violation of the approval of the Executive Committee.
This resulted in overpayment of Rs 99.215 million to the contractor.
Audit was of the view that overpayment was made due to non-
adherence to the approval of the Executive Committee of the Foundation,
weak contract management and internal controls.
Audit pointed out the overpayment in November-December, 2017.
The Foundation did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein, the Foundation took the stance that there was no fault of
the contractor in delay of work. The work was delayed due to land issue.
The claim of price escalation was for the period before freeze time.
DAC directed FGEHF to make recovery in the light of decision of
Executive Committee or otherwise rectify/review the decision of
Executive Committee within two weeks.
470
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive
regarding recovery.
(DP.04)
6.4.11 Unjustified inclusion of item of Street Lights in BOQ of
Infrastructure Development Works in G-13 - Rs 83.113 million
As per accounts of Federal Government Employees Housing
Foundation, a payment of Rs 39,004,000 was made to CDA for provision
of street light system in G-13 as deposit work on 30
th
March, 2010.
Audit noted that Federal Government Employees Housing
Foundation, Islamabad awarded a contract of Rehabilitation &
Development in Sector G-13 Islamabad to M/s Zafar & Co at an agreed
cost of Rs 946.518 million on 22
nd
August, 2016. An amount of Rs 83.113
million was included in the BOQ of the work for installation of Street
Lights against the PC-I provision of Rs 143.786 million for Electrification
& street lights.
Audit observed that inclusion of items of providing / installation of
street lights in the contract awarded to the contractor in addition to
payment of Rs 39.004 million made to CDA was not justified. This
resulted in unjustified inclusion of street lights works in BOQ for
Rs 83.113 million.
Audit was of the view that the items of street lights were included
in the BOQ of the contractor without going through the record due to of
weak financial controls.
Audit pointed out the matter in November-December 2017. The
Foundation did not reply.
471
The matter was discussed in the DAC meeting held in January
2018, wherein, FGEHF explained that CDA erected only poles for street
light in Sector G-13/1 and no payment was made by CDA. The item of
fixing of street lights of balance work was taken in the current agreement.
Further, Housing Foundation is in process of reconciliation of record/
accounts with CDA but they are not cooperating with Housing Foundation
in this connection. DAC directed FGEHF to pursue recovery from CDA
and account for the amount as receivable in books of accounts.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends early compliance to the DAC‟s directive
regarding recovery.
(DP.15)
6.4.12 Non-recovery of defective work from the Design Consultants/
Contractor - Rs 69.825 million
According to Clause 3.1 of the agreement, the Consultants shall
perform the services and carry out their obligations with all due diligence,
efficiency, and economy in accordance with generally accepted
professional techniques and practices, and shall observe sound
management practices, and employ appropriate advanced technology and
safe methods. The Consultants shall always act, in respect of any matter
relating to this Contract or to the services, as faithful advisors to the
Client.
As per Clause 3.4 of agreement, the Consultants are liable for the
consequence of errors and omissions on their part or on the part of their
employees in so far as the design of the project is concerned to the extent
and with the limitations as mentioned herein below:
(i) If the Client suffers any losses or damages because of proven
faults, errors or omissions in the design of a project, the
Consultants shall make good such losses or damages, subject to
472
the conditions that the maximum liability as aforesaid shall not
exceed twice the total remuneration of the Consultants for design
phase in accordance with the terms of the contract.
(ii) The liability of the Consultants expires after one (1) year from the
stipulated date of completion of construction or after three (3)
years from the date of completion of the design whichever is
earlier.
As per clause 8.1 of the contract signed between FGEHF and M/s
NCL (M/s ASCO), the contractor shall, with due care and diligence,
design (to the extent provided for by the contract), execute and complete
the works and remove any defects therein in accordance with the
provisions of the contract.
Audit noted that FGEHF signed a contract for “Consultancy
services for planning, designing and construction supervision of
infrastructure works for Development of Sectors G-14/1,2,3& G-15/3
Islamabad to M/s Associated Consulting Engineers - ACE (Pvt.) Ltd on
29
th
January, 2010. Audit further noted that the contract was cancelled on
22
nd
July, 2016 due to unsatisfactory performance of the Consultants.
Construction contract was awarded to M/s National Construction Limited
on 24
th
August, 2012 at the bid cost of Rs 1,499.439 million subject to
completion of work within 24 months. The contract was later, assigned to
M/s ASCO (a sub-contractor) on the same terms and conditions.
Audit observed that quantity of item No. 509e (Grouted Rip Rap
Class-B) was provided in the BOQ of the agreement as 113 Cu.m at the
rate of Rs 3,177.510 per cu.m. Against which, quantity of 15,260.33 cu.m
for Rs 69.825 million was paid to the contractor up to 13
th
IPC.
Audit further observed that drawing / design of Nullah in G-14/2 &
3 was prepared by M/s Associated Consulting Engineers and executed by
M/s NLC (M/s ASCO). Audit noticed that the side wall of the drain / rip-
rap was collapsed after construction at several locations. Resultantly, a
fact-finding inquiry in the matter was ordered by the Ministry of Housing
and Works. Following were findings of the Inquiry Report:
473
(a) Hydraulic Design / size of the drain was reduced. Natural drain
was wider than that executed by the Housing Foundation which
was insufficient in consideration of catchment area, rain intensity
as well as duration of rains in the area.
(b) The Inquiry Committee also observed that a sketch was prepared
and signed by a Sub-Engineer. Retaining wall which must retain
soil of height 12 to 15 was not designed properly especially pore
water pressure was not considered which resulted in collapse of the
retaining wall at several locations.
(c) The Committee reported after visualizing collapsed section that
quality of stone masonry was substandard. There was no proper
grouting in stone masonry. Quality was not according to the
standard specification. There were cavities i.e. joints were not
filled properly. No horizontal CC or RCC band were provided.
(d) As per conclusion of the Committee, there was hydraulic design
fault, structural design fault as well as substandard construction of
entire drain.
The findings of the Inquiry Committee revealed that the drain
collapsed due to hydraulic, structural design fault and substandard
construction of entire drain but defective work of Rs 69.825 million was
certified and paid up to 13
th
IPC and no action towards recovery on
account of defective design and substandard construction of drain from the
defaulting consultants or contractor was taken. This resulted in non-
recovery of Rs 69.825 million.
Audit was of the view that recovery was not effected due to weak
financial and internal controls.
Audit pointed out the overpayment in November-December 2017.
The Foundation did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein FGEHF explained that damaged portion of the nullah has
474
been reconstructed by the contractor being responsible for rectification up
to defect liability period. The consultant had been terminated due to poor
performance.
DAC observed that design fault and sub-standard work were the
cause of damage and directed that notice be issued to the consultant for
response within 10 days for rectification of design and defective work at
his expense, otherwise action would be initiated for blacklisting.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive
regarding remedial measures and action against the responsible(s).
(DP.05)
6.4.13 Overpayment due to non-deduction of earth available from
structural excavation - Rs 55.078 million
According to Specification No. 108.4.1 (Measurement) of NHA
General Specification, 1998, the quantities, to be paid for, shall be the
number of cubic meters calculated on theoretical designed lines and grades
and the ground levels as established under Item 100.9, compacted in place,
accepted by the Engineer formed with material resulting from:
a) Formation of Embankment from Borrow Excavation
Measurement shall be made as under:
Formation from Borrow = Total embankment quantity (minus)
roadway excavation quantity (minus) structural excavation quantity
b) Formation from structural Excavation:
This quantity shall be the same as calculated for structural
excavation, irrespective of its haulage distance, less the quantity
declared unsuitable by the Engineer.
475
Audit noted that Federal Government Employees Housing
Foundation, Islamabad awarded a work construction of infrastructure
works for Development of Sectors G-14/1,2,3 & G-15/3 Islamabad
(contract Package-01 for sector G-14/2 & G-14/3) to M/s National
Construction Limited on 24
th
August, 2012 at the bid cost of Rs 1,499.439
million subject to completion of work within 24 months. The contract was
later, assigned to M/s ASCO (a sub-contractor) on the same terms and
conditions. An amount of Rs 1,146.304 million was paid to the contractor
up to 13
th
IPC paid in May 2017.
Audit further noted that an item of work „107a-structural
excavation in common material‟ was executed for a quantity of
157,305.41 Cu.m and another item „108c formation of embankment from
borrow excavation in common material‟ was executed for a quantity of
1,120,982.67 Cu.m.
Audit observed that common material obtained from structural
excavation was not deducted from the pay item of „formation of
embankment from borrow excavation in common material‟ to arrive at net
payable quantity as required under General Specifications. This resulted in
an overpayment of Rs 55.078 million.
Audit was of the view that the overpayment occurred due to non-
adherence to the General Specifications.
Audit pointed out the overpayment in November-December 2017.
The Foundation did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein the Foundation explained that material obtained from
structural excavation was not utilized in formation of embankment of
roads. However, it was used in area development under item 108(d) in
IPC-12 for which recovery was made in IPC-13 in the light of audit
observation.
476
DAC decided that an opinion may be obtained from the Director
General Pak PWD in the light of audit contention and NHA‟s General
Specifications within a week.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP.03)
6.4.14 Overpayment due to non-adjustment of prices because of de-
escalation - Rs 2.745 million
According to Clause 70.1 of agreement and Appendix-C, the
amounts payable to the Contractor, pursuant to Sub-Clause 60.1 shall be
adjusted in respect of the rise or fall in the cost of material specified in the
Appendix-C to Bid by applying to such amount as prescribed in the
adjustment formula.
As per Appendix-C to Bid, the source of indices and the weightage
or coefficients for use in the adjustment formula under Clause 70 were to
be filled by the Employer. Note 3 to the Appendix-C provides that “Fixed
portion shown here is for typical road project. Employer has to determine
the weightage of Fixed Portion considering only those cost elements
having cost impact of seven (07) percent or more on his specific project”.
Audit noted that Federal Government Employees Housing
Foundation, Islamabad awarded the work “Development and
Rehabilitation works of Sector G-13, Islamabad” to M/s Zafar & Co at
agreement cost of Rs 946.518 million. The work was started on 22
nd
August, 2016 and had to be completed up to 21
st
August, 2018. An amount
of Rs 747.482 million was paid to the contractor up to 8
th
IPC. Audit
further noted that cost indices or prices of Monthly Statistical Bulletin of
Federal Bureau of Statistics, Government of Pakistan were to be taken for
base and current rates.
477
Audit observed that as per Appendix C to the Contract, weightage
of fixed portion was provided as 0.35 and total variable weightage of
specified materials and labour was provided as 0.65. Audit further
observed that:
(a) Minimum fixed portion was provided as 0.35 while maximum
variable portion was fixed as 0.65 instead of fixing the weightages
as per actual estimated cost in the light of PEC Standard Price
Adjustment Formula.
(b) Weightages of specified material and base rates were neither filled
in by the Employer as required under provisions of the Appendix-
C to Bid nor were notified later.
According to available rates of Statistical Bulletin issued by the
Statistical Division, the prices of bitumen and steel were decreased during
the period of execution of work in IPC-1 to IPC-4 which were required to
be adjusted accordingly. The Contractor was paid eight (08) IPCs up to
August 2017 without adjustment in the price of the specified material.
This resulted in overpayment due to non-adjustment of price because of
de-escalation of Rs 2,745 million.
Audit was of the view that non adjustment of price de-escalation
occurred due to non-adherence to the provisions of agreement, weak
internal and financial controls.
Audit pointed out the overpayment in November-December 2017.
The Foundation did not reply.
The matter was discussed in the DAC meeting held in January
2018, wherein the Foundation explained that the contractor has not yet
claimed the escalation in running IPCs. However, the consultant would be
requested to prepare the de-escalation case and recovery if any shall be
made accordingly.
478
Audit contended that as per provisions of the contract, price
adjustment claim was required to be processed along with each IPC. But
price adjustment claim was not submitted to avoid the negative impact of
de-escalation as there was a downward trend in the prices of certain
specified items. DAC directed FGEHF to process the price adjustment
bills of all previous IPCs immediately and to ensure regular submission
thereof alongwith future IPCs.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive
regarding recovery of de-escalation.
(DP.08)
479
CHAPTER 7
NATIONAL CONSTRUCTION LIMITED
(MINISTRY OF HOUSING AND WORKS)
7.1 Introduction
National Construction Limited (NCL) was incorporated on 16
th
November, 1977 under the Companies Act, 1913 later on replaced with
Companies Ordinance, 1984 as unlisted public company. The principal
activities of the Company are to carry out the business of construction as
consultant, advisor, structural engineer, builder, architect, contractor, job
contractor and designer and to engage in other allied activities. The
authorized share capital of the Company is Rs 200.00 million. Issued
subscribed and paid up capital is Rs 199.13 million.
7.2 Comments on Audited Accounts
7.2.1 The working results (Profit & Loss Account) of the Company for
the year 2015-16 and 2016-17 as compared to the previous years are
tabulated below:
(Rs in million)
Description
2014-15
2015-16
% Increase/
(Decrease)
2016-17
%
Increase/
(Decrease)
Contract income
410.89
418.56
1.87
923.80
120.71
Cost of work done (Direct
cost)
331.73
337.94
1.87
849.68
151.43
Gross Profit
79.16
80.62
1.84
74.12
(8.06)
General & Administrative/
indirect cost
66.56
65.78
(1.17)
61.21
(6.95)
Operating Profit
12.60
14.84
17.78
12.91
(13.01)
Financial charges
0.24
0.25
4.17
0.49
96.00
Other income
19.09
19.12
0.16
21.54
12.66
Profit before taxation
31.45
33.72
7.22
33.95
0.68
Provision for taxation
27.51
29.03
5.53
26.15
(9.92)
Profit after taxation
3.94
4.69
19.04
7.80
66.31
Accumulated profit
61.03
65.72
7.68
73.53
11.88
480
(Source: Annual Audited Accounts of NCL for the year ended June 30, 2017).
Note: Increase/decrease (in %age) has been determined by comparison of
2016-17 with 2015-16 and that of 2015-16 with 2014-15.
7.2.2 The contract income increased by 120.71% from Rs 418.56 million
in 2015-16 to Rs 923.80 million in 2016-17. The cost of work done
increase by 151.43% from Rs 337.94 million in 2015-16 to Rs 849.68
million in 2016-17. The increase in income was more than the increase in
cost but the gross profit margin was decreased by 8.06 % in 2016-17
whereas in the previous year it had increased by 1.84 %. Although,
general and administrative expenses decreased by 6.95 % from Rs 65.78
million in 2015-16 to Rs 61.21 million in 2016-17 but the operating profit
was decreased by 13.01 % from Rs 14.84 million in 2015-16 to Rs 12.91
million in 2016-17.
Audit observations in this regard were as under:
7.2.2.1 Clause 88 of the Memorandum of Association of NCL provides
that the Directors shall cause such accounts to be kept:
a) of the assets and liabilities of the Company.
b) of all sums of money received and expended by the Company, and
the matters in respect of which such receipts and expenditure take
place.
c) of all sales and purchases of goods by the Company, as are
necessary to give a true and fair view of the Company‟s affairs and
to explain its transaction.
d) the books of accounts shall be kept at the office, or at such other
place as the Directors shall think fit, and shall always be open to the
inspection of the Directors.
Audit noted from the financial statements for the financial year
2016-17 that the Company has earned revenue (contract income) of
Rs 923.801 million (Verified bills Rs 878.298+ Unverified bills
481
Rs 45.503) against the revenue of Rs 418.557 million for the year 2015-16
showing an increase of 120.71%.
Audit observed that in the final accounts of the company an
amount of Rs 649,054,695 against the projects code 338 and 352
(Rs 10,374,422 + Rs 638,680,272) Infrastructure Works for Development
of Sector G-14/4 and G-14/1,2 had been incorporated as earned revenue
during the current financial year 2016-17. Audit Further observed that M/s
NCL executed deed of Assignment with M/s ASCO on 29
th
December,
2015 at an agreed share payable to M/s NCL equal to 4.1% of all the work
done which comes to Rs 26,611,243 (Rs 649,054,695 x 4.1%).
Actual contract amount of revenue for Rs 26.611 million was
received and required to be incorporated in the financial statements for the
year 2016-17 instead of total billing of Rs 649.055 million.
This resulted in unauthentic/ unjustified inclusion of revenue in the
financial statements for the financial year 2016-17 of Rs 622.444 million
(Rs 649.055 million Rs 26.611 million).
Audit was of the view that overstatement occurred due to
mismanagement and poor financial/internal controls system.
Audit pointed out the overstatement of revenue in November 2017.
The Company replied that revenue of Rs 638.68 million related to project
of Infrastructure Development of Sector G-14/1,2,4 in the total work done
of Rs 923.800 million was included in Financial Statements/Accounts of
NCL on the advice of the Company‟s Auditor being main contractor and
liable for execution and contractual obligation to Federal Government
Employees Housing Foundation(FGEHF).
The reply was not tenable as the NCL accounted for the value of
work done of Rs 649.055 million against the projects Infrastructure
Development of Sector G-14/1, 2 & 4 whereas NCL has a share of
Rs 26.600 million at the rate of 4.1% only and the same was required to be
depicted in the accounts. Further, the client department (FGEHF) made
482
payments of work done direct to M/s ASCO as assignee contractor and not
to the NCL. Thus accountal of value of work done over & above the share
of NCL against the contract generated revenue was unjustified resulting in
overstating the financial statements.
(DP.02)
7.2.2.2 Financial Statements for the financial year 2016-17 disclosed that
the Company had earned revenue (contract income) of Rs 923.801 million
(Verified billing Rs 878.298 + Unverified billing Rs 45.503) including
work costing Rs 649.055 million relating to G-14/1,2,4.
Audit observed that the M/s NCL executed agreement for
“Development of Infrastructure at G-14/1, 2, 4 Islamabad” with Federal
Government Employees Housing Foundation and nominated M/s Abdul
Sattar & Co (ASCO) as sub-contractor. Later on M/s NCL entered into an
assignment agreement with the nominated sub-contractor. According to
which the payment will be directly paid to M/s ASCO and NCL will get
its share at the rate of 4.1% of the value of work done. Audit further
observed that payment of the work was booked by the NCL in its accounts
for Rs 649.056 million as contract revenue and Rs 613.344 million was
shown as expense “cost of services” and paid to the assignee contractor
M/s ASCO.
Audit was of the view that when the assignment agreement was
executed and direct payment was made to the assignee contractor, booking
of revenue from contract billing except admissible share of Rs 26.611
million and payment of Rs 613.634 million as cost services was not
correct.
Audit pointed out unjustified booking of cost of services in
November 2017. The Company replied that revenue of Rs 638.68 million
related to project of Infrastructure Development of Sector G-14/1,2,4 in
the total work done of Rs 923.800 million was included in Financial
Statements of NCL on the advice of the Company‟s Auditor being main
contractor and liable for execution and contractual obligation to FGEHF.
Accordingly cost of work done of Rs 613.600 million was also
483
incorporated in books against the contract income on this project under
matching principle of International Financial Reporting Standards (IFRS).
The reply was not tenable because M/s NCL entered into an
agreement with M/s ASCO under term “Assignee Contract” and the client
department made direct payment to M/s ASCO, the Assignee Contractor.
Booking of Rs 613.600 million as cost of services in the financial
statements without any evidence was not correct which overstated the
expenses of the company.
(DP.03)
The matter was discussed in the DAC meeting held in January
2018, wherein, NCL explained that NCL being principal contractor is
responsible for assignee contractor. Inclusion of Rs 638.68 million in total
work done of Rs 923.800 million was made in the financial statements as
per advice of the chartered accountants in the light of legal opinion.
Similarly, revenue was accounted for and booked as per international
financial reporting standards. As per IFRS-11 and matching principles, if
revenue is taken into accounts, relevant cost is also required to be taken
into financial statements.
DAC directed for verification of Board‟s deliberations/approval,
advice of chartered accountants, legal opinion obtained by the chartered
accountants and assignment agreement by Audit.
Audit recommends that efforts be made to increase the profitability
of the Company through effective operations.
7.2.3 Doubtful debts at the close of the financial year were Rs 304.238
million which were increased upto Rs 308.859 million at the close of
financial year 2016-17 (Note 8 to Financial Statements).
Audit observed that certain contract billing was raised against the
executed work and claims/bills amounting to Rs 980,783,846 shown as
484
“trade receivables-unsecured” against which provision of Rs 308.859
million for bad debts was made.
Audit was of the view that the non-recovery of dues from the client
department resulted in non-adherence to the contract provisions and
resulted in the loss of Rs 308.859 million to the company due to lack of
proper internal controls.
Audit pointed out the provision of bad debts in November 2017.
The Company replied that provisions of bad debts were made against
unverified receivable and old claims/bills overdue for more than 05 years
in order to present factual position of the company as per International
Accounting Standards. These bills/claims and unverified receivable were
not paid by clients and could not be contested.
The reply was not tenable because unverified bill of Rs 45.503
million had been shown as revenue in the financial statements for the year
2016-17 and on the other hand huge amount of Rs 308.85 million have
been declared as bad debts.
Audit was of the view that had the company/project management
made efforts, the amount would have been realized. Further, what were the
reasons as stated in reply that such receivable and old claims/bills and un-
verified claims could not be contested/claimed.
The matter was discussed in the DAC meeting held in January
2018, wherein, NCL explained that provision for bad debt was made as
per international accounting standard (IAS-37), compliance requirement of
Companies Ordinance and advice of NCL Auditor‟s after aging analysis of
old receivables. Provision was made against unverified receivable and old
claims at certain percentage after analysis by chartered accountants.
During 2016-17, a provision of Rs 4.679 million was made against old
projects.
Audit contended that above said provision contained a sum of
Rs 3.830 million against Quetta Water Supply Project which was under
485
litigation and appears to be not a valid provision keeping in view its
nature. NCL, therefore, should formulate a clear policy in this regard.
DAC directed NCL to formulate a policy in this regard in line with
international accounting standards and requirements of Companies
Ordinance. Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends that the NCL Management should take
appropriate measures with client departments and resolve the
issues/dispute diligently to recover its legitimate revenue instead of
declaring doubtful receipts, a likely loss to be sustained with passage of
time.
(DP.07)
7.2.4 The commitments in respect of contract works for the ongoing
projects at the balance sheet date amounts to Rs 2,841.182 million which
were Rs 3,391.600 million at the close of financial year 2015-16 (Note
16.2 of Financial Statements).
7.2.5 The Financial Statements of the employees‟ provident fund trust are
yet un-audited (Note 26 to the Financial Statements).
7.2.6 According to Article 90 of Articles of Association of National
Construction Ltd. , once at least in every year the Directors shall lay
before the Company in General Meeting a profit and loss account for the
period since the preceding account, made up to a date not more than six
months before such meeting. A balance sheet shall also be made out every
year as at the date to which the profit and loss account is made up, and
shall be laid before the Company in General Meeting. The said account
and balance sheet shall be accompanied by such reports and documents
and shall contain such particulars as are prescribed by the Ordinance and
the Directors shall in their report state the amount which they recommend
to be paid by way of dividend, the amount (if any) which they propose to
carry to any reserve fund and other matters.
486
The issued, subscribed and paid up capital of M/s NCL was
Rs 199.13 million equal to 19,913,347 ordinary shares of Rs 10 each
(Note 11 to Financial Statements). There was no movement in share
capital during the year 2016-17.
Profit and loss account of the company for the year ended on 30
th
June, 2017 showed profit after taxation for Rs 7.804 million with earning
per share of Rs 0.3919. Annual Report for the year 2016-17 revealed that
the Company had not paid any dividend to its shareholders viz. M/o
Housing and Works, National Bank of Pakistan and National Investment
Trust. The reports showed un-appropriated profits (retained earnings) of
Rs 65.72 million as on 30
th
June, 2016 and Rs 73.530 million as on 30
th
June, 2017.
This resulted into non-payment of dividend of Rs 7.804 million to
the shareholders.
Audit pointed out non-payment of dividend in November 2017. The
company replied that the issue of declaration of dividend was discussed in
previous Board meeting and keeping in view the present liquidity crunch,
the Board Members decided that dividends may not be declared for the
time being.
The reply was not tenable as the financial position of the company
was not healthy due to which shares of dividend were not declared.
Position of revenue generation from the contracts related activities
exhibited in the financial statements was not based on facts.
The matter was discussed in the DAC meeting held in January
2018, wherein, NCL explained that the issue of declaration of dividend
was deliberated in Board‟s meeting and it was decided that NCL was not
in a position to declare dividend due to liquidity crunch and heavy amount
stuck up in Quetta Water Supply Project. Audit contended that effective
measures were not taken to improve the financial health of the entity.
487
DAC directed NCL to provide deliberations of Annual General
Meeting/Board‟s approval and measure taken in case of Quetta Water
Supply Project.
Audit recommends that measures be taken to improve the financial
position of the company.
(DP.05)
7.3 Brief comments on the status of compliance with PAC’s
directives
The Directorate General Audit Works (Federal) conducted audit of
the accounts of NCL for the first time during 2013-14. Previously the
entity was under the audit jurisdiction of Directorate General Commercial
Audit. Compliance position of PAC‟s directives, as adopted from Audit
Report of Public Sector Enterprise is as under:
Audit Report
Total
Paras
Compliance
made
Compliance
awaited
Percentage
of
compliance
1990-91
01
01
-
100
1991-92
01
01
-
100
1992-93
05
05
-
100
1993-94
03
02
01
67
1995-96
01
01
-
100
1996-97
02
02
-
100
1999-00
07
03
04
43
2000-01
01
01
-
100
2001-02
01
01
-
100
2003-04
05
04
01
80
2005-06
05
05
-
100
2006-07
08
06
02
75
2007-08
02
0
02
-
2008-09
04
03
01
75
2009-10
05
05
0
100
2010-11
01
01
0
100
488
Audit Report
Total
Paras
Compliance
made
Compliance
awaited
Percentage
of
compliance
2013-14
02
-
02
-
Audit Reports for the year 2011-12, 2012-13, 2014-15, 2015-16 and 2016-
17 are yet to be discussed by PAC. Audit Report for the year 2013-14 was
partially discussed.
489
7.4 AUDIT PARAS
Performance
7.4.1 Slow execution/progress in execution of project -
Rs 168.934 million
Clause-47.4 that the contractor shall be paid a Bonus Calculated at
the rate of 0.025% per day of the accepted Contract Price for each day that
the completion is earlier than the time for completion subject to a
maximum bonus of 5% of the accepted contract price. Clause-47.5
provides that if the rate of progress is ahead of the program of work, the
contractor shall also be entitled for interim advance bonus at the rate of
0.05% per day of the value of work being the difference between the
actual value of work executed and the value of work stipulated to be
performed on the date of evaluation as per the latest approved programme
of work. The time duration for applicability of interim advance bonus will
be difference between the date of evaluation of progress of work and the
stipulated date on which the instant value of work was stipulated to be
performed as per approved programme.
Audit noted that a work construction of 168 B-type apartments in 6
Blocks at I-16/3, Islamabad was awarded to National Construction
Limited (NCL) by PHA Foundation, for Rs 712.12 million. Stipulated
period for completion of the project was 31 months from the date of start
reckoned from October 2016 and is to be completed in April 2019.
Audit observed that the project management of NCL executed work
for Rs 37.81 million only after expiry of nine months i.e. up to 30
th
June,
2017 whereas work was required to be completed for Rs 206.744 million
(Rs 712.12 / 31 x 9) during that period. This indicated that pace of work
execution was too slow as achieved progress was far behind the scheduled
execution targets for Rs 168.934 million. Audit was of the view, if the
NCL observed scheduled execution programme of the project, the
employer was liable to pay bonus as per clauses of agreement. Otherwise
490
NCL would be liable to pay liquidated damages for delay in completion of
the project.
Audit was of the view that slow execution of the work beyond the
approved execution plan/progress was due to non-adherence to the agreed
clauses of the agreement.
Audit pointed out the slow execution of work in November 2017.
The Company replied that after the receipt of Mobilization Advance on
29
th
September, 2016 construction activities at site were started in
November 2016. After excavation of foundations for all the six blocks and
laying 03 raft foundations, the consultants stopped the work on the
remaining 03 raft foundations on 22
nd
February, 2017, and collected the
soil samples of these blocks for re-evaluation for the bearing capacity of
the soil. Accordingly in view of the re-evaluation of the bearing capacity
of soil, the raft sizes were enhanced and revised rafts foundation drawings
were received on 29
th
April, 2017. So the work was stopped for more than
two months.
The reply was not tenable as the progress of the work was 82%
behind the scheduled execution plan. The PHA Foundation stopped the
work on three blocks for two months only, the NCL should have deployed
all the resources on the construction work on other three blocks for
completion of scheduled scope of work. Due to slow pace of work the
NCL remained unable to complete the project within stipulated time
period and liable to pay liquidated damages for delay in completion of
work and caused reduction of profit margin also.
The matter was discussed in the DAC meeting held in January
2018, wherein, NCL explained that work was stopped by the consultant
for re-evaluation of the bearing capacity of soil. After re-evaluation of the
bearing capacity, raft sizes were enhanced and revised raft foundation
drawings were issued for which work remained withheld for more than
two months. Further, payment by client is also a contributing factor
towards slow pace of work. After 30
th
June, 2017, execution of work has
491
been accelerated. DAC directed NCL to submit revised schedule and
progress of the work to Audit for verification.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DACs directive.
(DP.04)
7.4.2 Unjustified execution of Joint Venture beyond the company’s
objectives depriving NCL from its legitimate revenue
The Article-3(2) of Memorandum of Association of National
Construction Limited provides that the objects for which the company is
established are to carry on primarily the business of consultants, advisers,
structural engineers, builders, architects, contractors, job-contractors,
designers, decorators, furnishers with regard to construction, development,
improvement of dams, buildings, roads, bridges, tunnels, airfields,
runways, buildings, aviation fields, hangers and work of every description
connected therewith, in general, and to act as consultants, professional
advisers and agents, and act as estimators, valuers, appraisers, surveyors,
town-planners, reinforced concrete specialists and any other civil
engineering and architectural work of any kind whatsoever, in Pakistan
and anywhere in the world.
According to Clause 8.1 of JV agreement made between M/s NCL
and M/s PCA on 5
th
August, 2016 the net receipt (gross contract value less
income tax) shall be shared between the joint venture parties as 5% to M/s
NCL and 95% to M/s PCA.
According to Clause 1 of JV agreement made between M/s NCL
and M/s CMEC on 22
nd
February, 2017 the parties hereby agree to join
together with the purpose to execute and complete the Project at an
arrangement that M/s CMES will execute the entire work independently
and pay to NCL 3% of amounts received through cheques from Pakistan
Public Works Department (Pak PWD) who is the employer of the Project.
492
Audit noted that National Construction Limited Islamabad entered
into Joint Venture Agreement with M/s Pakistan Construction
&Associates (M/s NCL-M/s PCA) for “Construction of Gypsum/Plaster of
Paris, Wooden and Other False Ceiling Works at the Indian High
Commission‟s Residential Complex G-5, Diplomatic Enclave Islamabad
on 5
th
August, 2016. Another Joint Venture Agreement executed with M/s
Construction Management and Engineering Services (M/s CMEC-M/s
NCL) for Construction of RCC Compound Wall & Boundary Walls and
Administrative Block at Model Prison, H-16 Islamabad on 22
nd
February,
2017. Audit further noted that both Joint Ventures were not registered
with Pakistan Engineering Council.
Audit observed that Management of the NCL failed/deviated from
company‟s main objectives to provide efficient and effective engineering
services by accepting minor sharing profits instead of generating 100%
works related revenue by deploying its own resources. The joint ventures
were executed with other firms for execution of the projects at very low
shares of profit at the rate of 5%, 3% and an assignment contract
agreement at the rate of 4.1% of the total cost of the work done.
Resultantly, NCL was deprived of its legitimate revenue of Rs 2,166.259
million.
Audit was of the view that unjustified sharing of profit, selling of
NCL Goodwill/Trade mark and deficient revenue was due to non-
adherence to the objectives of establishment of the company which
reflects inefficiency, weak internal and financial management controls.
Audit pointed out the matter in November 2017. The Company
replied that non-availability of sufficient working capital and banking
facilities made it difficult for the company to participate at its own in the
tender market. So to avail the other business opportunities from the market
the model of sharing resources (JV) had been adopted.
The reply was not tenable because the main object of the company
was to generate the contractual revenues instead of entering into share
493
basis execution of work at lesser rates resulting in huge loss to the
company. This state of affair reflects mismanagement and deteriorating
financial health of the company.
The matter was discussed in the DAC meeting held in January
2018, wherein, NCL explained that in order to diversify and avail the other
business opportunities from the market the model of sharing resources i.e.
joint venture has been adopted and some major principles were observed.
In recent past, works at an embassy in diplomatic enclave and Model
Prison H-16 were assumed through joint venture in the interest of NCL. In
joint ventures, NCL is getting more without involving in any direct
activity. Further, double taxation is also a factor towards discouragement
of sub-contracting.
DAC directed that NCL should restrain from joint venture, adopt
realistic approach and explore independent operation activities in line with
its objectives. DAC further directed NCL to provide list of fresh works
undertaken through self-bidding and ongoing joint ventures to Audit for
verification.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP.06)
494
CHAPTER 8
PAKISTAN HOUSING AUTHORITY FOUNDATION
(MINISTRY OF HOUSING AND WORKS)
8.1 Introduction
Pakistan Housing Authority Foundation (PHAF) is a Public
Company registered with Securities and Exchange Commission of
Pakistan under Section 42 of the Companies Ordinance, 1984. The major
objectives/services entrusted to PHA Foundation are as under:
i. Being one of the implementing arms of the Ministry of
Housing and Works, PHA Foundation is mandated to
provide shelter and to reduce the housing shortfall in
Pakistan.
ii. PHA Foundation provides low cost housing units to low
and middle income groups of Pakistan on ownership
basis. Since its inception in 1999, PHA Foundation has
built several housing units for general public and Federal
Government Employees in Federal and Provincial capitals
to provide high quality and state-of-the-art buildings at
low and affordable price.
iii. In addition to Ground plus 3 building apartments, PHA
Foundation has undertaken to construct high rise
buildings. Construction of PHA-Maymar Towers in
Karachi is first endeavor in this respect.
Regional offices have also been established in Lahore and Karachi
to provide services to the allottees of the respective areas.
495
8.2 Comments on Budget and Accounts/Financial Statements
(Variance Analysis)
8.2.1 The table below shows the position of budget and expenditure of
PHA Foundation for the financial year 2015-16:
(Rs in million)
Nature
Original
Budget
Expenditure
Excess/
(Saving)
Excess/
(Saving)
in%
Non-
Development
(Operational)
186.77
163.48
(23.29)
(12.47)
Development
2,508.32
541.07
(1,967.25)
(78.42)
Grand Total
2,695.09
704.55
(1,990.54)
(73.86)
Revenue
(Rs in million)
Estimated
Receipt
Actual
Surplus/
(Deficit)
% of actual to the
estimate
6,761.15
3,331.72
(3,429.43)
49.28
8.2.2 Against approved development budget of Rs 2,508.32 million,
Pakistan Housing Authority Foundation incurred expenditure of Rs 541.07
million which constituted 21.57% of the budget. The funds were short
utilized by Rs 1,967.25 million which showed that development targets
were not achieved.
8.2.3 Revenue target was fixed at Rs 6,761.15 million for the financial
year 2015-16. Actual receipts of Rs 3,331.72 million (49.28%) could be
realized. The deficit in receipt was Rs 3,429.43 million (50.72%).
496
8.2.4 Chartered Accountants i.e. Rafaqat Mansha Mohsin Dossani
Massom & Co, while certifying the financial statements of PHAF for the
financial year 2015-16 have reported following qualifications:
1. Work in progress amounting to Rs 4,230,406,652 (2015:
Rs 4,221,895,893 has been valued at cost instead of at lower of
cost or net realizable value (NRV), which is against the prescribed
notes of accounting policy as provided in Note. 3.5 of the financial
statements. In the absence of detailed working of valuation of work
in progress and any other record the exact variation, material
impact and the resultant income and expenditure account due to
non-application of prescribed accounting policy cannot be
ascertained and quantified.
2. Company had not kept the retention money payable to contractor
in a separate bank account as provided under section 230 of the
Companies Ordinance, 1984. This account has however been
opened after the year end before the signing of this audit report.
3. Impairment test has not been applied by the Company at the
balance sheet date to determine the indication of loss (if any) in
violation of the requirement of para 9 of IAS 36 (Impairment of
Assets) and the prescribed note of accounting policy as provided in
Note No. 3.4 of the financial statements.
4. The Company has not accounted for any provision against staff
retirement benefits in terms of gratuity or provident fund or both as
per the requirement of sub clause (6) of clause 12 of Schedule of
the Industrial & Commercial Employment (Standing orders)
ordinance 1968 also IAS 19 (Employee benefits). The company
has not provided for the provision for taxation that comes to
Rs 24,066,363 with the plea that it is a Government owned
company and has already applied for exemption u/s 2(36) of the
Income Tax ordinance, 2001 from relevant authority (refer Note
No. 3.8). Had the management incorporated the “provision for
taxation” for the year ended 30
th
June, 2016, the “net surplus after
tax” would have been reduced to Rs 80,172,960 with resultant
reduction of accumulated surplus to Rs 610,885,540.
497
Audit recommends that the management should take appropriate
measures to rectify the observations of Chartered Accountants.
8.3 Brief comments on the status of compliance with PAC’s
directives
Directorate General Audit Works (Federal) conducted audit of the
accounts of Pakistan Housing Authority Foundation for the first time
during 2013-14. In past, the entity was under the audit jurisdiction of
Directorate General Commercial Audit. Audit Reports for the years 2011-
12, 2012-13, 2014-15, 2015-16 and 2016-17 (SAR) are yet to be discussed
by PAC.
Compliance position of PAC‟s directives on Audit Reports relating
to PHAF is as under:
Year
Total
Paras
No. of
Paras
Discussed
Compliance
Made
Compliance
Awaited
Percentage
of
compliance
2003-04
01
01
-
01
-
2007-08
01
01
-
01
-
2009-10
04
04
-
04
-
2010-11
02
02
01
01
50.0
2013-14
08
07
-
07
-
498
8.4 AUDIT PARAS
Irregularity and Non-Compliance
8.4.1 Irregular award/implementation of development schemes
without approval of PC-I of the schemes
Para 3.3 of Guidelines for Project Management issued by the
Planning Commission of Pakistan provides that it is mandatory that the
projects of infrastructure sector should undertake proper feasibility studies
before the submission of PC-I. Para 10.1(v) of the Guidelines further
states that no project under directive of any authority is started without
proper preparation of PC-I/PC-II and approval of the competent forum, as
per decision of ECNEC made in its meeting held on 24
th
April, 2000.
Feasibility Report (PC-II) and Project Cost (PC-I) are mandatory prior to
execution.
As per Planning and Development Division O.M No. 21(2-
Gen)PIA/PC/2004 dated 18
th
December, 2004 autonomous organizations
(commercial/non-commercial) having Board by whatever name called,
should be competent to sanction their development schemes with 100%
self-financing subject to the condition that a Development Working Party
should be constituted by each organization and notified to consider and
approve their self-financed projects. The Development Working Party
should be headed by the Chairman/head of the organization, with one
member each from Planning Commission and Finance Division.
Audit noted that Pakistan Housing Authority Foundation, Islamabad
(PHAF) awarded 21 works for construction of apartments/gray structures
at locations of I-16/3, I-12 and Kuri Road Islamabad during 2015-16.
These schemes/projects were financed through 100% receipt from the
allottees selected by balloting from the members and approved by the
Board of Directors of PHAF.
Audit observed that neither the PC-I of these projects were
prepared nor the Development Working Party (DWP) of PHAF was
499
constituted for said approval and sanction of the schemes. This resulted in
irregular award of development schemes worth Rs 13,875.657 million.
Audit pointed out the irregularity in June 2017. The Foundation
replied that DWP of PHAF had been constituted through notification on
22
nd
September, 2016 and the PC-I of the projects were submitted for
approval.
In reply the Foundation admitted that DWP was constituted after
implementation of the projects without preparation and approval of PC-I
of the project. The approvals of PC-I of the projects were still awaited.
The matter was discussed in the DAC meeting held in January
2018, wherein, the management explained that PHAF has constituted
Development Working Party and started preparation of PC-I of new
projects for approval of competent forum. PC-I of the ongoing schemes
which were not prepared and approved before start of schemes have also
been prepared and approved by Board. However, the same could not be
considered in the DWP due to non-availability of representative of
Planning, Development and Reform Division (Chief (PP&H). DAC
pended the para for two weeks with the direction that matter be taken up
with Planning Commission at appropriate level for resolution.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends to get the PC-I of the projects approved besides
fixing responsibility against the person(s) responsible for implementation
of schemes before approval of PC-I.
(DP. 01)
500
8.4.2 Non-determination of weightages of specified items violating
standard procedures and parameters of the PEC standard
formula
The standard procedure and formula for price adjustment of
Pakistan Engineering Council (PEC) describes that user of this document
was not to change any provision hereof unless otherwise stated. No
method, other than given in this document was acceptable to compute the
price adjustments.
Parameters for determination of weightage of specified items were
as under: -
Each of the cost elements, having cost impact of five (05) percent
or higher can be selected for adjustment. Cost elements of HSD and labour
shall be included in the price adjustment formula irrespective of their
percentage determined for a particular project, if these are applicable for
that project.
In determining the weightage, the following procedure shall be
adopted:
a) Base Date Price alone of an element based on market rate
shall be considered excluding cost of
construction/installation, overheads and profit.
b) Engineer‟s Estimate shall be prepared for complete project.
c) Appropriate rate analysis of the engineer‟s estimate shall be
made to determine costs of the basic elements.
d) For such elements having various types of a particular
element, individual cost of such family of the element to be
determined and added to work out the element cost. For
example, in a particular project various types of steel such
as sheet steel, grade-40 & grade-60 steel are used. In such a
case, respective base prices of all three types of steel are to
be considered and added up to come out with the single
501
steel cost component. Similar case may be for different
types of cement used, etc.
e) Each cost element determined as above, shall be divided by
the total amount of engineer‟s estimate to determine
various weightage.
f) It is clarified that while computing price adjustment, base
and current prices of the representative elements have to be
used in the same way as they are mentioned in the PEC
bidding documents. For example grade-40 half inch dia
steel was the representative cost element for all types of
steel; similarly un-skilled labour was the representative cost
element for all types of labour etc.
Similarly weightage of fixed portion (non-adjustable portion of the
estimated cost of the contract). “A” shall be determined as under:
i) First the weightage of all the cost elements having value of
5 percent or more (HSD and labour to be included
irrespective of their weightage) to be added up to see
whether the total was 65 percent or less. In that case the
total was to be subtracted from one to determine the
weightage of the fixed portion, “A”
ii) In case total weightage of the cost elements including HSD
and labour exceeds 65 percent, the element(s) having
lowest weightage (s) other than HSD and labour shall be
excluded in considering the adjustable costs elements.
iii) Fixed portion shall never be less than 35 percent and the
adjustable portion shall never be more than 65 percent of
the engineer‟s estimate.
iv) Sum of fixed portion, “A” and weightage a, b, c, d etc. of
the adjustable portion shall always be one (01).
Audit noted that PHAF awarded eight (08) works for construction of
apartments at I-16/3 Islamabad during 2015-16 to various contractors at
contract cost of Rs 1,523.076 million.
502
Audit observed that PHAF engaged consultants M/s SAMPAK for
feasibility study and preparation of design, bidding documents etc. of the
housing project launched at Sector I-16/3. The consultant while preparing
bidding documents of the project provided fixed portion of the estimated
cost at the minimum of 35% and variable portion of specified items at the
maximum of 65% for price adjustment without determination of the
weightage of specified items as per procedures and parameters stated in
the PEC formula.
Audit held that computation of the weightage of specified items for
price adjustment based on PEC standard parameters and formula was
mandatory hence any deviation from the parameters/formula was violation
of PEC documents which might have resulted in an un-authentic payment,
litigation and time overrun/ cost overrun due to application of incorrect
weightage of the specified items in price adjustment during execution of
the works.
Audit pointed out the matter in June 2017. The Foundation replied
that the consultant had clarified that at time of preparation of tender
documents the working was as under:
Cost of cement 08%
Cost of steel 22%
Cost of bricks 05%
Assessed labour cost 25%
Assessed fuel cost 10%
However, keeping in view the PEC guidelines that fixed portion
shall never be less than 35% and the adjustable portion shall never be
more than 65% of the engineer estimate, the fixed portion was fixed as
35% by reducing some of the inputs.
The reply was not tenable because contract wise weightage of all
cost elements on the basis of BOQ / estimates were to be worked out as
per standard procedure and formula for price adjustment of Pakistan
503
Engineering Council (PEC) to arrive at the fixed and variable portion of
escalation.
The matter was discussed in the DAC meeting held in January
2018, wherein, PHAF informed the committee that detailed working for
calculation of weightages of specified materials for price adjustment is
under process. DAC directed PHAF to submit detailed working of
calculation of weightages within a week for examination by Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP.14)
8.4.3 Excess payment due to execution of items of work beyond BOQ
quantities - Rs 17.05 million
As per contract agreement/BOQ of the work “construction of
infrastructure for D type apartments at sector G-10/2, Islamabad” an item
of work filling, watering and ramming earth in layers with surplus earth,
compaction with paver road roller was provided for 14,066.40 cft at the
rate of Rs 10 per cft for road section and 67,999 cft at the rate of 6 per cft
for area development.
Audit noted that management of Pakistan Housing Authority
Foundation, Islamabad substituted the earth classification from common
soil to medium rock instead of execution of items of earth work in
accordance with contract/BOQ provision of the work.
Audit observed that during execution of work the quantity of
substituted item of earth work filling was abnormally increased from
14,066 cft to 136,872 cft in road section and from 67,999 cft to 526,137
cft in area development section which was not justified as variation order,
lab reports of excavated material with check requests and X-sections for
504
filling were not provided to Audit. This resulted into excess expenditure of
Rs 17.05 million.
Audit pointed out the excess payment in June 2017. The Foundation
replied that the quantities were increased as per site requirement because
the site was extremely undulated and the filling was required to safeguard
the structure. This increase was placed before the competent authority and
variation to the same effect was approved by the authority.
The reply was not tenable because there was abnormal increase in
the item of earth work and not substantiated with documentary evidence
i.e. Natural Soil Levels (NSL), Levels, X-Sections / Drawings for filling
and Lab. reports along with check requests of excavated material.
The matter was discussed in the DAC meeting held in January
2018, wherein, PHAF explained that variation order has been approved.
Audit contended that quantities were substantially varied which required
revision of rates as per contract provision. DAC directed PHAF to get the
variation order and record verified from Audit with reference to provisions
of clause 52 for varied quantities and rates applicable.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive
besides fixing responsibility against the person(s) at fault.
(DP.08)
8.4.4 Overpayment due to allowing payment for the excavated
material / soil used in filling - Rs 31.588 million
As per NHA General Specification, Item No. 106.3.1 “the cost of
excavation of material which is used anywhere in the project shall be
deemed to be included in the pay item relating to the part of the work
where the material is used”.
505
As per clause 23.4.1 method of measurement of PHA technical
specification provided for in tender / contract documents of infrastructure
works, “material from road-way excavation as defined in clause 23.1
which is placed in the embankment and accepted by the engineer will be
paid only in the embankment and such payment will include the cost of
excavating and hauling and all other cost in connection with this material
in constructing the embankment.
Audit noted that management of PHAF allowed and paid an item
A-1, earth cutting against the material (common soil) used in the filling in
the pay item A-2 “structural earth filling in specified area using available
earth at site from cutting” in item A-1 was not admissible. This resulted
into an overpayment of Rs 31.588 million (quantity used in item A-2 for
2,806,409.83 cft x at the rate of Rs 7 per cft).
Audit pointed out the overpayment in June 2017. The Foundation
replied that Item A-1 and A-2 are separate pay items with no deductions
for any utilization or stocking of earth.
The reply was not tenable because as per NHA specification and
PHA Technical Specification the cost of excavation of material which
were to be used anywhere in the project would be included in the pay item
related to the part of work.
The matter was discussed in the DAC meeting held in January
2018, wherein, PHAF explained that same issue has been pointed out in
previous Audit Report (2014-15) and a committee was constituted
comprising a representative from National Highway Authority and
Engineering Advisor, Ministry of Housing and Works. DAC directed that
inquiry may be finalized and report be submitted to Ministry and Audit
within 10 days.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP.05)
506
8.4.5 Overpayment due to allowing higher rate of substituted / Non-
BOQ item - Rs 7.604 million
As per NHA CSR-2014, the rate of item No 110 “improved sub
grade” is Rs 859.69 per cum i.e. Rs 26.57 per cft (Rs 859.69 per cum ÷
32.35).
8.4.5.1 Audit noted that Pakistan Housing Authority Foundation paid an
amount of Rs 273.078 million for total value of work done of the work
“infrastructure/development of housing scheme for federal government
officers at Kurri Road, Islamabad.
Audit observed that a pay item of work, “sub grade preparation in
earth cut provided in BOQ/agreement at the rate of Rs 4.94 per cft was
substituted with a non-BOQ item “improved sub grade” at the rate of
Rs 43.50 per cft, which was on higher side as compared to NHA CSR-
2014. As per NHA CSR-2014 item No. 110 improved subgrade the rate
comes to at the rate of Rs 26.57 per cft, (Rs 859.69 per cum ÷ 32.35)
which was required to be incorporated for substituted item. This resulted
into an over payment of Rs 5.567 million.
Audit pointed out overpayment in June 2017. The Foundation
replied that the contractor initially submitted a rate of Rs 118.62 per cft for
improved subgrade with 40% aggregate and 60% local material.
Subsequently, on the recommendation of the consultants, rate of Rs 43.50
per cft for improved subgrade was approved by PHAF and paid
accordingly.
The reply was not tenable as PHAF had adopted NHA
specification for the project and accordingly the rate of additional items
should be allowed from NHA-CSR 2014, if not available then the rates
analyzed from market.
The matter was discussed in the DAC meeting held in January
2018, wherein, PHAF explained that non-BoQ item of improved sub-
507
grade was recommended by the Engineer keeping in view the site
condition and rate of the substituted item was determined under clause 52
of the contract agreement.
Audit contended that NHA specifications were adopted therefore
rates provided in NHA Composite Schedule of Rates (CSR) should have
also been applied as a matching principle. The rate paid for the substituted
item was not justified being on higher side as compared to rate provided in
CSR-2014. DAC directed to constitute a committee, comprising one
representative of Ministry of Housing and Works and one engineer from
PHAF, to conduct inquiry and submit report within 15 days.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP.06)
8.4.5.2 According to General Conditions of Contract Clause 52.1 “varied
work” shall be valued at the rates and prices provided in the contract if in
the opinion of engineer, the same shall be applicable.
Audit noted that Pakistan Housing Authority Foundation awarded a
contract “construction of infrastructure for D-type apartments at sector
G-10/2, Islamabad on 8
th
May, 2012 at an agreed cost of Rs 197.676
million. As per BOQ (roads, parking, walkway) item No. 1, earth work
excavation in open cutting in all types of soil for roads work was provided
for at the rate of Rs 5 per cft and item No. 2, filling of earth at the rate of
Rs 10 per cft.
Audit observed that during execution, classification of earth work
was substituted i.e. 20% soil and 80% excavation of medium rock and soft
rock and allowed rate based on NHA CSR-2014, item No. 108b-ii at the
rate of Rs 1,034.44 per cum i.e. at the rate of Rs 29.29 per cft, which was
not admissible, because contract was awarded in 2012 and accordingly
NHA CSR-2011 was applicable for varied work at the rate of Rs 835.49
508
per cum i.e. at the rate of Rs 25.83 per cft. Allowing of higher rate for
substituted item resulted into overpayment of Rs 2.037 million.
Audit pointed out the overpayment in June 2017. The Foundation
replied that during execution of work, rock was encountered and
accordingly classification of earth work was substituted 20% soil and 80%
medium and soft rock. As the rates of rock were not available in BOQ,
therefore rates of NHA CSR 2014 were applied by the consultant at the
time of classification of soil as varied work.
The reply was not accepted as PHAF admitted that rates of CSR-
2014 were applied which were not admissible under the contractual clause
which clearly states that varied work shall be valued at the rate and prices
set out in the contract. As the work was awarded in 2012, accordingly the
rates of NHA CSR-2011 were applicable for varied work.
The matter was discussed in the DAC meeting held in January
2018, wherein, Audit contended that item of excavation covered all kind
of soil so payment for substituted item of rock excavation was unjustified.
PHAF explained that rock formation and soil are different in kind.
Accordingly, substituted item was executed as per site requirement. DAC
directed PHAF to submit detailed reply with justification for substitution
of item and rate paid for verification by Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for effecting recovery of overpayment due to
applying higher rates besides fixing responsibility against the person(s) at
fault.
(DP.09)
509
8.4.6 Overpayment due to allowing transportation deemed included
in another pay item of work - Rs 12.029 million
As per clause No. 23.4.1 method of measurement of PHA technical
specification provided for in tender / contract documents of infrastructure
works, “material from road way excavation as defined in clause 23.1
which is placed in the embankment and accepted by the engineer will be
paid only in the embankment and such payment will include the cost of
excavating and hauling and all other costs in connection with this material
in constructing the embankment.
Audit noted that Pakistan Housing Authority Foundation, Islamabad
paid an item of work item No. A-3, area development, “earth filling in
parks and low lying areas and plots including transportation upto any lead
and lift including ramming and leveling as per specification” for 4,472,046
cft at the rate of Rs 4.98 per cft.
Audit observed that the cost of transportation / hauling upto any
lead and lift was already included in item A-1, “earth cutting in specified
area”. Hence payment made against item A-3 at the rate of Rs 4.98 per cft
including transportation / hauling was not admissible as the same was
already included under item A-1 “excavation / cutting” and only cost of
ramming and leveling was admissible at the rate of Rs 2.29 per cft. The
cost of ramming / leveling and compaction comes to at the rate of Rs 2.29
per cft whereas compaction factor was also not included in item A-3.
Hence overpayment to contractor was established due to inclusion of
transportation factor at the rate of Rs 2.69 per cft. This resulted into an
overpayment of Rs 12.029 million.
Audit pointed out overpayment in June 2017. The Foundation
replied that there were two separate pay items i.e. A-1 and A-3 and the
surplus material shall be stocked at site as directed by the engineer.
The reply of the Foundation was not tenable because as per PHA
Foundation technical specification as well as NHA specification / NHA
CSR rate analysis of SAMPAK the cost of transportation/ leveling was
510
already included in the item of excavation / cutting and also in filling
items.
The matter was discussed in the DAC meeting held in January
2018, wherein, PHAF explained that two separate items in accordance
with NHA specifications and directions of the Engineer were executed and
paid. DAC directed PHAF to conduct inquiry and provide inquiry report to
Audit for verification.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends early compliance to the DAC‟s directive
regarding inquiry.
(DP.12)
8.4.7 Excess payment due to non-deduction of compaction factor
from filling in area development - Rs 2.104 million
As per clause 108.3.2 of NHA General Specification “formation of
embankment with rock material of rock fragment of size that the material
cannot be placed in layers of the thickness without crushing, pulverizing
or further breaking down the pieces placed in layers not exceeding 80 cm
of loose and compacted each layer by passes of the roller five (5) times on
each layer.
Audit noted that an item of work “filling with surplus earth
including compaction, ploughing, ramming etc” for area development of
G-10/2 was provided in the agreement/BOQ at the rate of Rs 6 per cft.
Audit observed that management of Pakistan Housing Authority
Foundation, Islamabad substituted the item of filling with “formation of
embankment from roadway excavation in medium rock material” taken
from NHA, CSR-2014, item No 108bii at the rate of Rs 29.29 per cft
which was not admissible for use in the area development because it was
the item of road formation on which road pavement was to be constructed
511
for heavy traffic. Further, the items also included the cost of compaction
of each layer, whereas such type of compaction was not required for area
development. Hence, cost of compaction approximately at the rate of Rs 4
per cft was not admissible which resulted into excess payment of Rs 2.104
million.
Audit pointed out excess payment in June 2017. The Foundation
replied that area which was being developed in project of G-10/2,
Islamabad shall be utilized for foot paths, car parking and also for the
movement of water tankers and other utility vehicles. Hence, proper
compaction of the earth was required in order to avoid settlement.
The reply was not tenable because audit pointed out a quantity of
526,137 cft area of development work only whereas quantities of road,
parking, foot path and drainage was not included in the objected
quantities.
The matter was discussed in the DAC meeting held in January
2018, wherein, PHAF explained that earth was properly compacted to
avoid settlement keeping in view its use in footpaths, car parking and
paths for movement of heavy vehicles and compacted quantity was paid
accordingly. DAC directed PHAF to provide compaction test report for
verification by Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP.11)
8.4.8 Irregular construction of residential buildings without prior
approval of building plans from CDA
Rule-6 of Islamabad Residential Sectors Zoning (Building Control)
Regulations, 1993 provides that no building or structure shall be
constructed or any additional/alteration made thereon except with the prior
512
approval of the Authority, and in accordance with the building and zoning
regulations, or instructions issued by the Authority in this behalf from time
to time. Any construction started/carried out without prior approval of the
Authority shall be liable to be removed (partly or wholly) at the risk and
cost of the owner and with the option of fine as prescribed.
Audit noted that Pakistan Housing Authority Foundation,
Islamabad awarded twenty three (23) works for construction of residential
buildings i.e. Apartments / Gray structures, at various locations in Sectors
I-16/3, I-12 and Kuri Road Islamabad to various contractors at contract
cost of Rs 15,630.522 million during the year 2015-16.
Audit observed that the PHAF started construction of the
residential buildings for Apartments / Gray structures without prior
approval of building plans from Capital Development Authority (CDA)
Islamabad as required under Islamabad Residential Sectors Zoning
(Building Control) Regulations, 1993 by violating the Building Control
Regulations. This resulted in irregular start of construction of residential
buildings for Rs 15,630.522 million.
Audit pointed out the irregularity in June 2017. The Foundation
replied that building plans had been submitted to BCS CDA on 2
nd
March,
2017 but approval was still awaited. PHA Foundation had admitted that
construction of the project started in 2016 without prior approval of
building plan from BCS, CDA.
The matter was discussed in the DAC meeting held in January
2018, wherein, PHAF explained that matter is being pursued with CDA
and has also been taken up with Federal Ombudsman. DAC pended the
para till final decision/action.
Audit stresses for taking necessary measures besides early
approval of building plan to avoid any complication in later stages.
(DP. 24)
513
8.4.9 Non-appointment of Project Directors in violation of
Guidelines for Project Management for proper execution of
housing projects
Para 2.2 of Guidelines for Project Management Planning
Commission, Government of Pakistan provides that Project Director, who
is the focal person for project implementation, is responsible for project
execution according to its objectives, work scope and implementation
schedule. Suitable and qualified Project Director should be appointed in
case of each project that should not be transferred during currency of the
project. Project Director should be delegated full administrative and
financial powers to improve project management, supervision and help fix
technical and financial responsibility. No member of staff working under
administrative control of the Project Director should be posted/transferred
without his/her prior consent/concurrence. As a team leader, he/she is
under obligation to account for all actions, steps and decisions taken
during project execution. It is advisable to set up headquarters of the
Project Director as close to the site of work as possible preferably at site,
to ensure his availability for spot decisions on unforeseen issues and other
ancillary matters.
Audit noted that Pakistan Housing Authority Foundation,
Islamabad awarded three projects of construction of apartments, flats /
houses in Sectors G-10, I-12, 1-16 and Kuri road Islamabad (containing 29
packages) to various contractors at contract cost of Rs 17,702.688 million.
The said projects were awarded in 2008, 2012 and 2015 but the same were
not completed so far.
Audit observed that Project Directors were not appointed by the
PHAF for efficient execution and supervision of the projects. The Projects
of apartments at G-10 Islamabad started in 2008 which was to be
completed in 2011 but the same was still in progress and facing cost over-
run of Rs 245.527 million upto variation order No-01 and time over-run
for six years (2012 to 2017). Similarly, another project of Infrastructure
development for housing scheme at Kuri Road Islamabad was started in
2012 and was to be completed in 18 months in 2013 but not completed so
514
far and facing cost over-run of Rs 68.921 million and time over-run of
four years (2014 to 2017) due to non-appointment of Project Directors.
The role of Project Director was very crucial in the realm of project
management.
Audit pointed out the matter in June 2017. The Foundation replied
that compliance in this regard would be intimated to audit within due
course of time.
The reply was not tenable as audit objection holds good in the light
of Project Management Guidelines of Planning Commission. The
Foundation also failed to complete the housing projects in G-10 and Kurri
Road in stipulated completion period due to non-appointment of
competent full time Project Directors for supervision of the Projects.
The matter was discussed in the DAC meeting held in January
2018, wherein, PHAF explained that matter regarding independent Project
Director for each project is under consideration in the light of PHAF rules.
However, as per instructions of PEC, “The Engineer” has been appointed
on each project who is responsible for execution of work and contract
administration. Audit contended that non-completion of projects clearly
indicates that projects have not been managed effectively. Planning
Commission‟s guidelines regarding appointment of independent Project
Director are to be followed strictly and PHAF rules should be harmonized
with these instructions. DAC directed PHAF to nominate Project Director
from available human resources of PHAF or to take appropriate action in
the light of Planning Commission‟s guidelines.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends appointment of Project Directors for proper
execution and supervision of the projects.
(DP.23)
515
Performance
8.4.10 Non-realization of receipt from allottees as per schedule of
payment -Rs 3,429.436 million
According to the revenue receipts target, set out by the PHAF,
estimated receipt/Revenue against Project was fixed for Rs 6,761.152
million to be realized from the allottees of the houses/apartments/flats
during the financial year 2015-16.
Audit observed that Pakistan Housing Authority Foundation,
Islamabad could only realize actual receipt/revenue amounting to
Rs 3,331.717 million from the allottees of the houses/apartments/flats
against the target/estimated receipt of Rs 6,761.153 million for the
financial year 2015-16. Thus there was a short fall of 50.72% of revenue
for Rs 3,429.436 million for the financial year 2015-16 as compared to the
revenue target fixed for the period. This resulted into less realization of
receipt of Rs 3,429.436 million from the allottees and non-achievement of
revenue target for the financial year 2015-16.
Audit held that the declining tendency of receipt reflects
mismanagement on the part of PHAF which may result in further delay in
completion of development projects in stipulated period due to shortage of
funds as the allottees were not depositing their installments due to slow
progress of the development project of G-10 and Kuri Road. The project
of apartments in G-10 started in 2008 and construction of houses (gray
structures) started in 2012 not yet completed which may be finalized on
priority and handed over possession of the apartment/house to restore the
confidence of the allottees.
Audit pointed out the less realization of receipt in June 2017. The
Foundation replied that the project of G-10/2 D type apartments was
offered / booked in 2008. Most of the allottees paid dues as per schedule
but construction work remained stopped at site for years and the recovery
was not upto expectations. Further due to slow progress in Residencia
project the allottees were reluctant to make payments.
516
The PHAF in its reply, admitted less recovery/receipts from
allottees due to mismanagement.
The matter was discussed in the DAC meeting held in January
2018, wherein, PHAF explained that due to slow progress of Residencia
project, allottees were reluctant to pay dues. However, now progress on
work has been improved and allottees are adhering to the payment
schedule. Recovery notices have also been issued to the allottees. A
quarterly budget review mechanism has also been introduced for
monitoring and reviewing targets. DAC directed PHAF to get the latest
progress towards recovery verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for appropriate measure to increase the
progress of the project to regain the confidence of the allottees and
improvement of cash flow necessary for early completion of housing
projects.
(DP.25)
8.4.11 Loss sustained by allottees due to non-completion/handing over
of apartments - Rs 529.920 million
As per provisional allotments the D-type apartments were allotted
at the cost of Rs 1.800 million each with mode of payment as 15% down
payment was to be deposited uptill 15
th
December, 2008 and remaining
85% in 12 equal installments up to December, 2011. Later on after due
time the cost of apartment was revised to Rs 2.684 million in 2013.
Audit noted that Pakistan Housing Authority Foundation,
Islamabad awarded the construction work of Apartments of G-10/2 to M/s
Techno at an agreed cost of Rs 635.631 million on 8
th
August, 2008. The
work could not be completed in scheduled time frame of 24 months, and
the contract cost was revised from Rs 635.631 million to Rs 881.158
517
million with revised completion date on 30
th
June, 2014 but the contractor
again failed to complete the work in extended period. The contractor could
only achieve 95% progress uptill November, 2016.
Audit observed that as per original plan/schedule of installments
and original construction completion period i.e. August 2010 the
apartments were to be handed over to the allottees up to December 2011
and after revision of contract/additional work, these were to be handed
over in 2014. The allottees have deposited their due installments in due
time but neither contractor completed the work up till June 2017 nor
PHAF took any penal action against the contractor. At the time of
extension of the project, the physical progress was 82% in August 2013
and the current progress was only 95% in November 2016. It means the
contractor executed only 13% work in last four years. This established that
both the contractors and the management of PHAF were responsible of
delay, resultantly the allottees had suffered a loss of Rs 529.920 million.
Audit pointed out the loss in June 2017. The Foundation replied
that the delay was due to change in foundation design, cash flow problem
and stay orders. Further, the contractor failed to complete the work and his
contract was terminated.
The reply was not tenable as the contractor failed to complete the
work in nine (09) years. As per revision of contract and award of
additional work, the project was to be completed upto June 2014. The
allottees of flats have already paid their dues up to June 2014 whereas
PHA failed to handover the apartment to allottees, due to which allottees
are sustaining monthly loss.
The matter was discussed in the DAC meeting held in January
2018, wherein, PHAF explained that the work was at the final stage of
completion and the Foundation is making all efforts and utilizing all
resources including execution of work at risk and cost of the contractor to
complete the work as early as possible. DAC directed PHAF to submit
plan/work schedule and latest progress to Audit for verification.
518
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive
besides investigation in the matter and fixation of responsibility.
(DP.22)
Internal Control Weaknesses
8.4.12 Loss due to delay in implementation/award of work -
Rs 3,886.120 million
A Project for construction of apartments at I-12, Islamabad
initiated during November 2010. Pre-qualification of design consultancy
and short listed consultants were presented in 26
th
PHA meeting on 2
nd
January 2011 accordingly. The design consultancy of I-12 was awarded to
M/s Progressive consultant on 25
th
February, 2011 whereas agreement of
the same was not signed due to land problem and PPRA Rules.
Accordingly the four consultants analyzed design per sft cost of the
apartments as M/s Progressive at the rate of Rs 1663 per sft, M/s PEPAC
at the rate of Rs 1,608 per sft, M/s Usmani at the rate of Rs 1,765 per sft.
The design of M/s Progressive at the rate of Rs 1,663 per sft was accepted.
Audit noted that Pakistan Housing Authority Foundation,
Islamabad re-invited tenders for pre-qualification of design of apartments
at I-12 on 23
rd
May, 2013. Seven (07) firms out of thirty six (36) applied
for pre-qualification were short listed. The four (04) pre-qualified firms
submitted their bids one of them was dropped during evaluation of
technical bids. Financial bids of three firms were opened on 28
th
April,
2014 but work was not awarded. The bids from the seven pre-qualified
firms were called again on 12
th
October, 2015 and opened financial bids
on 15
th
October, 2015 and awarded design consultancy contract to M/s
Meinhardt on 2
nd
November, 2015.
519
Audit observed that after the approval of design of the apartments,
the PHAF awarded 09 Nos. packages of 3,200 apartments of D and E type
apartments of 780 sft & 712 sft having total covered area of 2,658,400 sft
Audit further observed that the nine (09) packages of construction
of apartments of D & E type were awarded to nine (09) different
contractors at an agreed cost of Rs 8,263.674 million during April to July
2016. The cost of the apartments comes to Rs 3,108.51 per sft. The
construction cost of the apartments were increased from Rs 1,663 per sft
to Rs 3,108.51 per sft due to delay in implementation and award of
contracts since 2010 to 2016. This resulted into loss of Rs 3,886.51
million which will ultimately be sustained by the allottees.
Audit pointed out the loss in June 2017. The Foundation replied
that the project of I-12/1 was started during 2010 for federal government
officers BPS-17 to 19 but in 2014 it was decided to reserve the land for
low paid income group and thus scope of work was changed.
The reply was not tenable as the design of M/s Progressive at the
rate of Rs 1,663 per sft construction cost was accepted and awarded on
25
th
February, 2011. Later on, consultant firms were again prequalified
through retendering and process of tendering the award of works was
finalized during April 2016 to July 2016, which established delay in
implementation of project up to five (05) years and caused huge loss to be
sustained by the general public/allottees in shape of excessive construction
cost.
The matter was discussed in the DAC meeting held in January
2018, wherein, PHAF explained that since design work could not be
awarded to the consultant being in violation of PPRA and delay in
launching of scheme does not rest on the part of the Foundation but due to
change of policy (BPS 17 to 19 and BPS 1 to 16 and late possession of
land. DAC directed PHAF to get the whole process and record in support
of stance verified from Audit.
520
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive
besides investigation and fixing responsibility.
(DP.21)
8.4.13 Loss due to delay in implementation/award of works -
Rs 409.492 million
As per acceptance letter issued vide No. PHAF/POR/Cat-
II/Package/2016/1065 dated 28
th
January, 2016 a work “construction of
Cat-II houses, Kurri Road” was awarded to M/s Techno International on
28
th
January, 2016 at his quoted rate on 16
th
March, 2012 i.e. at the rate of
Rs 4,517,500 each house for 178 number houses of cat-II having covered
area of 3,475 sft the cost comes to Rs 1,300 per sft.
Audit noted that management of Pakistan Housing Authority
Foundation, Islamabad called tenders for construction of Cat-I, II & III
houses during March, 2012 but contracts were not awarded. After a gap of
four (04) years, tenders were re-called but M/s Techno, the 1
st
lowest for
Cat-II house in 2012, went into court and agreed to execute the work at his
quoted rates of 2012. Accordingly, the work was awarded to M/s Techno
at his rates of 2012 of Rs 1,300 per sft and remaining packages were
awarded at their quoted rates in 2016 of Rs 1,627 per sft to Rs 1,783 per
sft. This resulted into a loss of Rs 409.492 million to be sustained by the
members / allottees of the houses due to delay in implementation of
awards of works up to four (04) years.
Audit pointed out the loss in June 2017. The Foundation replied
that a series of correspondence was exchanged between bidders and PHAF
from December 2014 to February 2015. After more than two years on 5
th
December, 2014 the bidders namely M/s Abdul Majeed, M/s Techno Int;
(Pvt) Ltd and M/s NCL were again approached by PHAF and they were
asked to intimate whether the rates quoted/offered by them are still valid,
so that the case can take its legal course of action. In due course of time as
521
recommended by the consultant the inbuilt flaws in the documents &
lower rates led to suspension of work and eventual termination.
The reply was not accepted as the mismanagement on the part of
PHAF was proved that the tenders were called in 2012 without fulfillment
of formalities of rules, approval of design, feasibility study, detail
estimate, PC-I and preparation of proper bidding documents.
The matter was discussed in the DAC meeting held in January
2018, wherein, PHAF explained that work had been retendered now.
Guarantee of Rs 120.0 million of the defaulting contractor had been
encashed and report of the consultant regarding final dues was under
process. DAC directed PHAF to get the recovered amount verified from
Audit. DAC further directed that detail of court case and report of
consultant along with action taken may be shared with Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
(DP.20)
8.4.14 Acceptance of tenders having same scope, specifications,
estimated cost, location of work and date of tender, at different
rates - Rs 256.440 million
According to Rule 10(i) and (ii) of GFR Vol-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. The expenditure
should not be prima facie more than the occasion demands.
According to PPRA 2004 rule 4 provides that Procuring agencies,
while engaging in procurements, shall ensure that the procurements are
conducted in a fair and transparent manner, the object of procurement
brings value for money to the agency and the procurement process is
522
efficient and economical. Further, rule 29 provides that procuring agencies
shall formulate an appropriate evaluation criterion listing all the relevant
information against which a bid is to be evaluated. Such evaluation criteria
shall form an integral part of the bidding documents. Failure to provide for
an unambiguous evaluation criteria in the bidding documents shall amount
to mis-procurement.
As per engineer‟s estimate the estimated cost of each package was
determined as Rs 682.556 million.
8.4.14.1 Audit noted that management of Pakistan Housing Authority
Foundation, Islamabad awarded package-04 and package 05 of the work
construction of 168 No of B type apartments in 06 blocks of multi-storey
apartments building at site No.1, Sector I-16/3 Islamabad to M/s Abdul
Majeed & Co. at contract cost of Rs 666.2 million each of the package in
May, 2016. The tenders of all packages were opened on the same day on
22
nd
March, 2016.
Audit observed that tenders of same nature of two other works,
construction of 168 No of B type apartments in 06 blocks of multi-storey
apartments building under package-06 at Site No.2” and construction of
168 No of B type apartments in 06 blocks of multi-storey apartments
building under package 07 at site No.3, Sector I-16/3 Islamabad” were
also opened on the same date on 22
nd
March, 2016 and awarded to M/s
Hasas Const. (Pvt) Ltd. and M/s National Const. (Pvt.) Ltd. at contract
cost of Rs 733.6 million and Rs 712.2 million respectively which was on
higher side as compared to the same nature of work at the same location
awarded on the same day to M/s Abdul Majeed & Co. This resulted into a
loss of Rs 113.4 million.
Audit pointed out the loss in June 2017. The Foundation replied
that tenders were invited from pre-qualified firms and works were
awarded to the 1
st
lowest bidder.
523
The reply was not tenable as the same specification and nature of
works were awarded on the same day on the same location at different rate
to different contractors.
(DP. 02)
8.4.14.2 Audit noted that management of Pakistan Housing Authority
Foundation, Islamabad awarded 09 Nos. packages of the work,
construction of multi-storey buildings/apartments at I-12 Islamabad to
different contractors during February 2016 to September 2016.
Audit observed that package-I (construction of block No. (A, D &
E) consists of 480 apartments awarded to M/s MAAKSON at an agreed
cost of Rs 1,225.908 million. Tender of the work was opened on 24
th
March, 2016 and accepted on 15
th
April, 2016 whereas same scope of
work i.e. Package-V (Block V, X & Y) consists of 480 apartments
awarded to M/s Gondal Construction Co. at an agreed cost of
Rs 1,196.779 million. The tender of the work was opened on 15
th
May,
2016 and accepted on 20
th
February, 2017. Thus same nature and scope of
work was awarded at higher rates to M/s MAAKSON than the rates of
M/s Gondal Construction which resulted into a loss of Rs 29.129 million
(Rs 1,225.908 - Rs 1,196.779).
Similarly Package-II (Block H & J) consists of 320 apartments awarded to
M/s MAAKSON at an agreed cost of Rs 899.177 million. Tender of the
work was opened on 24
th
March, 2016 and accepted on 7
th
September,
2016 whereas same scope of work Package-IV (Block Q & T) consists of
320 apartments was awarded to M/s Gondal Construction at an agreed cost
of Rs 829.356 million. Tender of the work was opened on 24
th
May, 2016
and accepted on 12
th
July, 2016. Thus the work of same nature was
awarded to M/s MAAKSON at higher rates as compared to the rates of
M/s Gondal Construction which resulted into a loss of Rs 69.821 million
(Rs 899.177 Rs 829.356). This resulted into loss of Rs 98.950 million
(Rs 29.129 + Rs 69.821) .
Audit pointed out the loss in June 2017. The Foundation replied that
proper tendering was conducted in accordance with PPRA Rules 2004, for
524
obtaining most comparative and economical rates, through eligible
contractors and package wise lowest bid was accepted.
The reply of the Foundation was not to the point as the employees/
public have sustained a loss of Rs 98.950 million due to the award of
exactly same nature of work on the same day at the same location to
different contractors at different rates.
(DP.16)
8.4.14.3 Audit noted that management of Pakistan Housing Authority
Foundation, Islamabad awarded a work “construction of 51 Nos. of
category-III houses (Gray Structure) under package 10 at PHAF officers
Residencia at Kuri Road, Islamabad” to M/s Ali Associates on 15
th
January, 2016 at contract cost of Rs 167,303,721 at the rate of
Rs 3,280,465 cost of each house.
Audit observed that tenders of four packages of work “construction
of Cat-III houses (Gray Structure) of same specification having covered
area of 2,015.76 sft, called on the same date and works of all four
packages were awarded at different cost of each house of same
specification, covered area, instead of awarding at the same rate to each
contractor or awarded to a single contractor instead of splitting. Hence
same specification houses of Cat-III were awarded at different cost at
same location, in the same date by splitting the work in packages resulted
into loss of Rs 44.090 million.
Audit pointed out the loss in June 2017. The Foundation did not
furnish reply.
(DP.18)
The matter was discussed in the DAC meeting held in January
2018, wherein, Audit contended that reasonability of rates was not
adjudged while evaluating bids and higher rates were accepted. PHAF
explained that competitive bidding process was followed as per PPRA
rules. Bids could not be negotiated with bidders and lowest evaluated bids
525
were accepted. DAC decided that an advice in this regard may be obtained
from PPRA.
Compliance to the DAC‟s directive was not made till the
finalization of this Report.
Audit recommends for early compliance to the DAC‟s directive.
526
CHAPTER 9
HIGHER EDUCATION COMMISSION
(INFRASTRUCTURE DEVELOPMENT EXPENDITURE OF
FEDERALLY CHARTERED UNIVERSITIES)
(MINISTRY OF FEDERAL EDUCATION AND
PROFESSIONAL TRAININGS)
9.1 Introduction
Higher Education Commission (HEC), formerly University Grants
Commission, was established through Higher Education Commission
Ordinance 2002, for improvement and promotion of higher education,
research and development. The Commission is a corporate body having
perpetual succession and a common seal with power, subject to the
provisions of the Ordinance, to acquire, hold and dispose of property, both
moveable and immovable. The Headquarters of the Commission are
located at Islamabad. The Executive Director, HEC is the Principal
Accounting Officer.
The Commission, for the evaluation, improvement and promotion
of higher education, research and development, may:
i. Formulate policies, guiding principles and priorities for
higher education institutions to promote socio-economic
development of the country.
ii. Review and examine the financial requirements of Public
Sector Institutions and provide funds to these institutions on
the basis of annual recurring needs as well as development
projects and research, based on specific proposals and
performance.
iii. Approve funds for the Public Sector Institutions ensuring that
a significant proportion of the resources are allocated for
promoting research, establishing libraries and executing
projects within the ceiling specified for Departmental
527
Development Working Party (DDWP) and Executive
Committee of National Economic Council (ECNEC).
Directorate General Audit Works (Federal) is responsible for audit
of infrastructure development (PSDP) expenditure of federally chartered
universities/institutions under Higher Education Commission.
9.2 Comments on Budget and Accounts (Variance Analysis)
Budget allocation, releases and actual expenditure relating to
federally/provincially chartered universities/institutions for the financial
year 2016-17 is as under:
(Rs in million)
Type of
Funds
Nature of
project
Budget
Allocation
Funds
Released
Actual
Expenditure
(Excess)/
Saving
(Excess)/
Saving
in %age
Federal
PSDP
Infrastructure
Development
15,287.449
5,569.980
8,704.628
(3,134.648)
(56.27%)
Audit evaluated overall performance of HEC with reference to
utilization of development budget. Audit findings were issued to the HEC
management for response. However, no response was received till
finalization of this report despite request made by Audit.
Audit observed as follows:
Budget worth Rs 15,287.449 million was allocated for
infrastructure development projects under Federal PSDP, but funds were
not released in full. Funds of Rs 5,569.980 million were released under 1
st
and 2
nd
quarters causing less releases of Rs 9,717.469 million (which was
63.57% of total allocation). Moreover, expenditure worth Rs 8,704.628
million was incurred against the released amount of Rs 5,569.980 million
leading to overall increase in expenditure of Rs 3,134.648 million in
excess over budget release. This reflected that funds amounting to
Rs 3,134.648 million were utilized from previous year‟s savings/retained
amounts, whereas, HEC was maintaining Assignment Account in National
Bank of Pakistan and according to terms and conditions of assignment
account, expected savings/unspent balances must be lapsed to the
government well before closing of the pertinent financial year. However,
528
university/project wise position of budget allocation/releases and
incurrence of expenditure is narrated as under:
i. Under 32 projects/universities, funds worth Rs 3,907.693 million
were got re-appropriated in favour of 17 other projects/universities
by the Secretary, PD & R on 17
th
March, 2017. It indicated that
either cash plans/works plans were prepared /got approved form
the concerned ministries/divisions without legitimate need of the
projects or execution pace was not up to mark due to lack of the
supervision/monitoring/evaluation controls.
ii. In 44 cases, the expenditure of Rs 4,656.015 million was incurred
in excess over the budget release. The situation transpired that the
universities remained unable to lapse the surplus/unspent funds to
the government at the end of financial year as is evident from the
record. An amount of Rs 249,736,556 was retained against 03
projects as on 30
th
June, 2016 and Rs 170,281,561 against 07
schemes as on 30
th
June, 2017 whereas, according to the
instructions of Ministry of Finance/AGPR, unspent funds of
Assignment Accounts are required to be lapsed to the government
at the end of the financial year. Moreover, the universities were
operating current accounts of the projects in the National Bank of
Pakistan instead of assignment accounts without approval of the
Ministry of Finance.
iii. In 09 projects, the overall budget allocation was enhanced from
Rs 800.00 million to Rs 1,679.389 million through re-
appropriation process and an amount of Rs 420 million was
released during 1
st
and 2
nd
quarters. However, the management did
not spend any fund against certain projects during the year 2016-
17. This showed that internal controls were not exercised
efficiently to monitor the expenditure. Due to which, not only the
government was prevented to utilize the same on other needy
projects but the public was also deprived from achieving the
benefits from these projects due to delaying the completion of
projects abnormally.
529
iv. Under 25 universities/projects, an expenditure worth Rs 1,133.128
million was incurred against the released amount of Rs 2,271.864
million resulting less utilization of funds amounting to
Rs 1,138.736 million which is 50.12% in overall. This visualized
that the progress of execution of works was not in line with the
targets set in the PC-I and work plans / cash plans approved by the
respective Ministry /Ministry of Finance and Planning &
Development Division. Savings in available funds also indicated
that the project management could not utilize available resources
which led to non-achievement of planned objective due to
ineffective financial/monitoring controls.
v. Nine (9) projects valuing Rs 7,000 million, against which Rs 1,000
million budget was allocated originally which was revised through
re-appropriation as Rs 105 million, were lying pending for
approval of the competent forum. Necessary efforts made by the
project management as well as HEC Monitoring Wing were not
forthcoming from the produced record.
vi. Budget of Rs 120 million was allocated against 02 universities,
however, the project management and HEC Monitoring Wing
could not get approved charter of the same universities by the
Parliament.
vii. The project “Establishment of COMSATS Institute of Information
Technology at Jaffarabad, Balochistan” valuing Rs 752.552
million, for which funds worth Rs 10 million were allocated during
the year 2016-17, was abandoned due to non-availability of land.
However, efforts made by the project management and HEC
Monitoring Wing were not forthcoming from produced record.
viii. As per Reconciliation Statement with AGPR, total release was
shown as Rs 14,742.483 million during 2016-17 whereas, in
accordance with the Cash Book balances/HEC record, the receipt
was shown as Rs 14,943.439 million (Rs 14,443.442 as per
Assignment Account No. 2167-7 and Rs 499.997 as per Revolving
Fund Account No. 7932-4) causing less booking of the foreign aid
amounting to Rs 200.956 million in the AGPR books.
530
ix. For foreign assistance, a separate Revolving Fund Account No.
7932-4 in the National Bank Main Branch Islamabad (other than
Assignment Account) was opened and at the end of financial year
closing balance of Rs 23.455 million (shown unspent as per cash
book on 30
th
June, 2017) was shown. Whereas, according to the
instructions of Ministry of Finance/AGPR foreign assistance was
to be dealt with through assignment account and surplus/unspent
balances should be lapsed to the government at the end of financial
year.
Keeping in view the above facts, it was observed that the activities
regarding project management supervision as well as project monitoring
and evaluation were not being performed by the concerned quarters
effectively. Thus, matter needs investigation besides improving the project
supervision/monitoring/evaluation mechanism in order to get projects
executed as per given targets of PC-I/cash plans and work plans, get
approved the project from competent forum through vigorous pursuance
and lapsing of the project wise unspent balances to the government timely
for utilization on the other government works.
9.3 Brief comments on the status of compliance with PAC’s
directives
Audit of the development infrastructure projects of HEC was
conducted for the first time by the Directorate General of Audit Works
(Federal) during 2011-12. Results of audit during 2011-12 and 2012-13
were reported through Audit Report for the year 2012-13. This office had
produced five Audit Reports so far for the years 2012-13, 2013-14, 2014-
15, 2015-16 and 2016-17. Audit Report for the year 2013-14 was
discussed by PAC while rest of the reports are yet to be discussed.
Compliance position of PAC‟s directives is as under:
Year
Total
Paras
No. of
Paras
Discussed
Compliance
Made
Compliance
Awaited
Percentage
of
Compliance
2013-14
12
12
0
12
0
531
9.4 AUDIT PARAS
Irregularity and Non-Compliance
9.4.1 Construction of building without prior approval of Building
Plan from CDA resulting in imposition of fine/penalty -
Rs 6.903 million
Regulation 2.2.2 of Islamabad Residential Sectors Zoning
(Building Control) Regulations, 2005 provides that no building or
structure shall be constructed or any additional/alteration made thereon
except (a) with the prior approval of the Authority, and (b) Minor internal
repairs; in accordance with the Building and Zoning Regulations, or
instructions issued by the Authority in this regard from time to time.
As per Regulation 2.2.3, any construction started/carried out
without prior approval of the Authority shall be liable to be removed
(partly or wholly) at the risk and cost of the owner and or fine as
prescribed in the schedules/annexure.
Audit noted that management of Shaheed Zulfiqar Ali Bhutto,
Medical University, PIMS, Islamabad awarded a work, “Construction /
Establishment of School of Dentistry at Shaheed Zulfiqar Ali Bhutto,
Medical University, PIMS, Sector G-8/3, Islamabad” to M/s Capital
Builders at contract cost of Rs 518.966 million with completion period of
24 months from the date of start (29
th
August, 2016).
Audit observed that the Project Director, Shaheed Zulfiqar Ali
Bhutto Medical University started construction of the Basement + Ground
+ five-story building for establishment of school of Dentistry at PIMS
Islamabad without prior approval of building plan from Capital
Development Authority (CDA) Islamabad as required under Islamabad
Residential Sectors Zoning (Building Control) Regulations, 2005 which
was violation of the Building Control Regulations. This resulted in
irregular construction of building for Rs 518.966 million. Further,
532
irregular construction started without prior approval of building plan from
the Authority (CDA) will result payment of fine of Rs 6.903 million
(covered area 138,064 sft @ Rs 50 per sft) as prescribed in the
schedule/annexure-B to Building Control Regulations, 1993.
Audit pointed out the irregularity in September 2017. The
management replied that during designing phase of building, it was
communicated by Director, Works SZABMU that CDA approval was not
required for the construction inside PIMS premises. Reply was not tenable
because it was pre-requisite to obtain approval from CDA.
The matter was discussed in DAC meeting held in December 2017
wherein the Committee directed the university management that case may
be pursued actively with CDA regarding approval of building plan.
Compliance to the DAC‟s directive was not made till finalization
of this report.
Audit recommends early compliance to DAC‟s directive.
(DP. 21)
9.4.2 Irregular procurement of equipment through quotations
instead of calling tenders - Rs 9.357 million
Rule 20 of Public Procurement Rules, 2004 provides that, „the
procuring agencies shall use open competitive bidding as the principal
method of procurement for the procurement of goods, services and
works‟. Further, as per Rule 12(2), all procurement opportunities over two
million rupees should be advertised on the Authority‟s website, as well as
in other print media or newspapers having wide circulation.
Audit noted during examination of the accounts record of Project
Director, Expansion Programme of Quaid-i-Azam University, Islamabad
that Purchase & Store Officer QAU procured equipment, chemical &
glassware and lab-equipment for biological & environmental sciences and
533
bio-chemistry departments through piece meal quotations for Rs 9.357
million during financial year 2016-17.
Audit observed that project authorities procured lab equipment,
chemical & glassware through piecemeal quotations to avoid open
tendering for achieving competitive rates in violation of Public
Procurement Rules. This resulted into irregular procurement of Rs 9.357
million.
Audit was of the view that irregular procurement occurred due to
non-adherence to Public Procurement Rules which reflect weak internal
and financial controls.
Audit pointed out the irregularity in December 2017. The
management replied that most of the equipment approved in the PC-1
were purchased by opening LC‟s, however, the procurement of chemical
and glassware was made on three (3) quotations basis for different
departments as & when basis from authorized dealers/ sole distributers.
The reply was not satisfactory because under the rules, the
Authority had to assess annual requirements for which open tendering
process was to be adopted for competition. Procurement of chemical and
other items was made through small work orders to avoid the approval of
the higher authority.
The matter could not be discussed in DAC meeting.
Audit recommends regularization of the procurement from
competent forum.
(DP. 36)
534
Internal Control Weaknesses
9.4.3 Excess expenditure over and above the approved components
in PC-I - Rs 69.378 million
As per approved PC-I, cost estimates for flood protection and land
reclamation works for Rs 70,301,480 based on following components:
RCC Retaining Wall: Rs 22,206,400
Earth Works: Rs 04,485,000
Land Reclamation / Filling: Rs 43,610,000
The PC-I was approved by ECNEC in November 2007 for
Rs 2,862.656 million including FEC of Rs 651.843 million.
Implementation date of the project was proposed as
January, 2008 to be completed in December 2014.
Audit noted that the Project Director, COMSATS Institute of
Information Technology, Park Road, Chak Shahzad, Islamabad, awarded a
work “Construction of nullah flood protection works at CIIT Campus
Chak Shahzad, Islamabad to M/s Consultronix International (Pvt.) Ltd.
on 8
th
April, 2016 at an agreement cost of Rs 139.688 million. The date of
commencement of the work was 27
th
May, 2016 to be completed in 15
months i.e. 26
th
August, 2017.
Audit observed that Consultant designed flood protection wall on
pile foundation of 30″ dia @ 1- 6″ interval among the piles with dressed
rubble masonry 1:6 mortar to fill the gap between piles, etc. (Phase-I)
amounting to Rs 129.544 million and Rs 10.145 million with RCC wall
and other allied items of work in (Phase-II) on item rate basis. The cost
was 98.70 % above the component of work approved in PC-I. Provision of
richer specification un-necessarily over-burdened the public exchequer
amounting to Rs 69.387 million (Rs 139.688 million Rs 70.301 million).
Audit was of the view that extra expenditure occurred due to non-
adherence to the provisions of PC-1 and delay in taking up the scheme
535
Audit pointed out the matter in October 2017. The management
replied that initially the main focus of the CIIT was to construct academic
buildings. During 2012, there was a record flood passed through the
Gumrah Kas Nullah that flooded a number of campus buildings and
caused a substantial loss to the assets of CIIT. A detailed study in this
regard was conducted for implementation with due diligence.
The reply was not satisfactory because project management
focused on academic blocks only, although a suitable provision was made
in the approved PC-I to avert the flood situation.
The matter was discussed in DAC meeting held in December 2017,
wherein the Committee directed the HEC to constitute a fact finding
committee to hold an inquiry in the matter and share the inquiry report
with Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to DAC‟s directive regarding
holding of inquiry and fixing responsibility.
(DP. 25)
9.4.4 Acceptance of tender beyond the permissible limit of PC-I -
Rs 48.598 million
According to Annexure-IV 28 (b) of Delegation of Power
(General) of the Pakistan Institute of Engineering and Applied Sciences,
Nilore, Islamabad to accept tenders and award administratively and
technically approved works with financial concurrence subject to the
following conditions.
1) Availability of funds
2) Adopt normal procedure of invitation of open tenders
3) Amount of any tender does not exceed by more than 10%
of the Admin Approval
536
Audit noted that the Project Director, Pakistan Institute of
Engineering and Applied Sciences, Nilore, Islamabad, awarded a work
“Construction of infrastructure for teaching & research laboratories to
M/s Usmani Associate for Rs 242.651 million.
Audit observed that the work was awarded at agreement cost of
Rs 242.651 million against administrative approval and PC-I provision of
Rs 176.412 million which was 27% higher than approved cost in PC-I.
This resulted in award of work at higher rates of Rs 48.598 million as
detailed below:
Cost in Admn Approval Rs 176.412 million
10% admissible Rs 17.641 million
Rs 194.053 million
Work Awarded Rs 242.651 million
Excess Rs 48.598 million
Audit pointed out the acceptance of tender at higher rate in July
2017. The Institute did not furnish reply.
The matter was discussed in DAC meeting held in December 2017,
wherein the Committee directed that PC-I may be got revised upto 26
th
December, 2017 and got verified from Audit.
Compliance to DAC‟s directive was not made till finalization of
this report.
Audit recommends early compliance to DAC‟s directive.
(DP. 03)
9.4.5 Upward correction in bid rates in violation of tender
instructions - Rs 36.081 million
Clause IB.27 Correction of Errors instructions to bidders provides
that bids determined to be substantially responsive will be checked by the
Employer for any arithmetic errors. Errors will be corrected by the
Employer as follows:
537
(a) where there is a discrepancy between the amounts in figures
and in words, the amount in words will govern; and
(b) where there is a discrepancy between the unit rate and the line
item total resulting from multiplying the unit rate by the
quantity, the unit rate as quoted will govern, unless in the
opinion of the Employer there is an obviously gross
misplacement of the decimal point in the unit rate, in which
case the line item total as quoted will govern and the unit rate
will be corrected.
The amount stated in the Form of Bid will be adjusted by the
Employer in accordance with the above procedure for the correction of
errors and with the concurrence of the bidder which shall be binding upon
the bidder. If, the bidder does not accept the corrected bid price, his bid
will be rejected and the bid security shall be forfeited in accordance with
Sub- Clause 15.6 (b) hereof.
Audit noted that Management of Shaheed Zulfiqar Ali Bhutto,
Medical University, Islamabad awarded a work, “Construction /
Establishment of School of Dentistry at SZABMU at PIMS, Islamabad” to
M/s Capital Builders on 8
th
August, 2016 at an agreement cost of
Rs 518.966 million with completion period of 24 months from the date of
start 29
th
August, 2016. The contractor was last paid 8
th
running bill for
Rs 142.959 million.
Audit observed that among the six (06) bidders, M/s Capital
Builders stood first lowest by quoting their bid price of Rs 482.884 million
against the engineers estimated cost of Rs 554.057 million based on
market rates. M/s Capital Builders mentioned the rates in figures only
instead of both words and figures. M/s Shahid Builders stood 2nd lowest
with his quoted bid price of Rs 546.650 million. M/s National
Construction Limited (NCL) quoted their bid price of Rs 489.287 million
but their bid was declared non-responsive due to non-provision of
acceptable bid security in shape of Bank guarantee with the bid. M/s NCL
538
provided bid security of Rs 14.000 million in shape of insurance
guarantee.
Later on, during detailed scrutiny of the bid price, corrections were
made in the line item totals of individual items, page total rates. The bid
cost of the first lowest bidder M/s Capital Builders was enhanced from
Rs 482.884 million to Rs 518.966 million with net differential bid cost of
Rs 36.082 million which was 7.24% of the total bid cost.
Audit noticed that there was a significant change/enhancement of
price in the items of RCC 1:2:4 in foundation and in roof slab. There was
an obvious gross misplacement of the decimal point in the unit rate of item
No-6 P/L RCC 1:2:4 in foundation and item No-7 P/L RCC 1:2:4 in
roof slab, therefore, the line item total as quoted would have been govern
and the unit rate would have been corrected. Instead, the item rate was
accepted which resulted in enhancement of Rs 77.408 million which was
900% of the quoted price of these items and 16.03% of the total bid price
as detailed below:
Item
No.
Description
Qty.
(Cum)
Original
Corrected
Difference
Rate
Amount
Rate
Amount
Excess/
Less
%age
6
P/L RCC
1:2:4 in
foundation…
1,375
11,480
1,578,500
11,480
15,785,000
14,206,500
900%
7
P/L RCC
1:2:4 in roof
slab…
3,850
18,240
7,022,400
18,240
70,224,000
63,201,600
900%
Total
8,600,900
86,009,000
77,408,100
900%
In this way, a number of corrections were made in the line item
totals and page totals of the bid of M/s Capital builders which resulted in
overall enhancement of Rs 36.081 million.
Audit was of the view that the bid value of M/s Capital Builders
was corrected to enhance the bid amount which was apparently an
extension of benefit to the contractor. Correction in bid rates in violation
539
of the tender instructions resulted in acceptance of higher rates for
Rs 36.081 million
Audit pointed out the matter in September 2017. The management
replied that there was no decimal point in the rates rather the rates were in
whole rupees; hence, correction was not possible. The reply was not
tenable as there was a significant enhancement of price of RCC 1:2:4 in
foundation and roof slab.
The matter was discussed in DAC meeting held in December 2017
wherein the Committee directed the management to constitute a
committee to conduct Fact Finding Inquiry to ascertain that whether the
act of correction in bid rates was an act of favourtism or not. The DAC
further directed to complete the inquiry report upto 15
th
January, 2018 and
share with Audit. The DAC also advised the university to streamline their
tendering procedure.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to the DAC‟s directive.
(DP. 18)
9.4.6 Execution of plastering work below the agreed specification -
Rs 32.785 million
Para-16.14 provides that the unit area shall include the cost of
furnishing all the materials, labor, scaffolding, appliances, tools and
performing all operations in accordance with the specifications, drawings
and instruction. The cost of plastering shall be deemed to be inclusive of
grooves, metal lathing, mesh and preparation of surfaces. The rate quoted
shall be taken as full compensation for all services and materials to be
provided for finishing the work and in connection thereto. Section-16 of
Technical Specification Para-16.2 under heading General provides that
except as may be otherwise shown or specified, all plaster shall be Cement
Sand Plaster, Except the plastered surfaces of Operation Theatres and X-
540
Ray Rooms which shall be barium plaster. Para-16.3.6 provides that
Barites, for Barium Sulphate plaster, barium sulphate fines shall be used.
Audit noted that Management of Shaheed Zulfiqar Ali Bhutto,
Medical University, PIMS, Islamabad awarded a work,
“Construction/Establishment of School of Dentistry at Shaheed Zulfiqar
Ali Bhutto, Medical University, PIMS, Islamabad” to M/s Capital Builders
on 8
th
August, 2016 at an agreement cost of Rs 518.966 million with
completion period of 24 months from the date of start i.e. 29
th
August,
2016. The contractor was paid an item of work “P/L Cement Plaster ¾″(20
mm) thick 1:4 finished on walls, ceiling at any height including
scaffolding complete in all respects as per drawings and instructions of the
Engineer in-charge for a quantity of 8,982.456 sq. meters @ Rs 365 per
sqm for Rs 3.279 million upto IPC-8.
Audit observed that the nomenclature of the item of plaster ¾″ was
defective due to non-mentioning the required materials viz. grooving,
metal lathing, mesh and preparation of surfaces as was required under the
ibid specification. Due to defective nomenclature of the item of plaster,
the work was considered unauthentic costing Rs 32.786 million. Rate
analysis of the item was not available in record.
Audit further observed that plaster in critical areas/spaces viz.
Operation Theatre, X-Ray rooms was executed with ordinary cement sand
plaster instead of Barium Sulphate plaster as required under above said
specification which resulted in execution of below specification item of
work.
Audit was of the view that irregularity occurred due to oversight
mechanism which reflects lack of technical controls.
Audit pointed out the irregularity in September 2017. The
management replied that technical specification was generalized. BOQ
specifies what was to be actually done. The Contractors were asked to
quote rates as per requirements of nomenclature. It was neither mandatory
nor feasible to adopt all specifications at each and every project. The reply
541
was not tenable. Plastering work was required to be executed as per
specification.
The matter was discussed in DAC meeting held in December 2017
wherein the Committee directed the University Management to finalize
the inquiry within 02 weeks and submit report to HEC/Audit.
Compliance to the DAC‟s directive was not made till finalization
of this report.
Audit recommends early compliance to DAC‟s directive.
(DP. 19)
9.4.7 Overpayment due to non-adjustment of prices of specified
material - Rs 6.717 million
According to Para No.70.1 of agreement, the amount payable to
the contractor, pursuance to sub-clause 60.1 shall be adjusted in respect of
the rise or fall in the cost of labour, materials and other inputs to the
works, by applying to such amount as prescribed in the adjustment
formula.
Audit noted that the Project Director, Pakistan Institute of
Engineering and Applied Sciences, Nilore, Islamabad, awarded a work
“Construction of Nuclear Engineering Department PIEAS at Nilore,
Islamabad” to M/s Usmani Associates at agreement cost of Rs 242.651
million. The work was commenced on 27
th
February, 2015 to be
completed up to 25
th
February, 2017 (24 months). Audit further noted that
department made payment of Rs. 179.044 million up to 7
th
running bill.
Audit observed that in the light of contract clause-70.1 of GCC &
PCC and SP-12, following provisional weightage factors for admissible
elements for escalation/de-escalation were calculated as follows:
542
i) Cement 0.12
ii) Steel 0.20
iii) Labour 0.15
iv) HSD 0.05
v) Fixed portion 0.48
Total 1.00
Audit further observed that department made payment of work
done upto 7
th
running bill but price adjustments due to decrease in the
prices of Cement, Steel and High Speed Diesel (HSD) were not made.
Non-adjustment of de-escalation in prices of materials resulted in
overpayment of Rs 6.717 million.
Audit pointed out the overpayment in July 2017. The Institute did
not reply.
The matter was discussed in DAC meeting held in December 2017
wherein the Committee directed to make price adjustments by 15
th
January, 2018 and get it verified from Audit.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to DAC‟s directive.
(DP. 01)
9.4.8 Undue benefit to contractor through extra item - Rs 3.405
million
As per General Financial Rules 10 (ii) the expenditure should not
be prima facie more than the occasion demands.
Audit noted that Project Director, Karakorum International
University Gilgit awarded a work “Construction of faculty residences at
KIU” to M/s Raheem Khan at agreement cost of Rs 15.324 million. The
contractor was paid a sum of Rs 2.756 million upto 7
th
and final bill. Audit
543
further noted that a substituted item to convert terrace area of the built up
houses into two rooms was approved.
Audit observed that inclusion of substituted item caused
enhancement in contract cost from permissible limit of 15% to 21.64%.
The substitution was made in the design of house completed at the cost of
Rs. 12.471 million just only to utilize available funds. The contractor was
accommodated for the item No. 9, 16, 22, 23, 24, and 25 executed free of
cost against the costly item of CGI sheet roofing i.e. 250% above. This
resulted in undue benefit to contractor of Rs 3.405 million.
Audit pointed the undue benefit to the contractor in July 2017. The
Authority replied that dowels for two columns were not lifted at the time
of construction of ground floor as this portion was use as terrace. It was
not possible at this stage to erect dowels for these columns. Due to non
erection of these columns, four rooms could not be constructed. To
resolve this issue, expert opinion of Engr. Ali Aman Shah, CEO,
Karakoram Associates was sought and he advised to change the roof slab
from RCC to CGI Sheet which was lighter, durable and much resistant to
earthquake as compare to RCC roofing. By changing the RCC roof with
proper CGI Sheet roofing, KIU had four additional rooms for its faculty.
The reply of the University was not tenable. The management got
executed the extra items to bring at par on the value of the work of
Rs 15.877 million to utilize the funds available.
The matter was discussed in DAC meeting held in December 2017
wherein the Committee directed the management to conduct inquiry in
collaboration with Technical Committee of HEC to ascertain whether
undue financial benefit was extended to the contractor. The DAC also
directed to share the inquiry report with Audit and HEC.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to DAC‟s directive.
(DP. 12)
544
9.4.9 Overpayment due to acceptance of higher rates - Rs 1.101
million
As per rate analysis rate of the item Christina Wire 12-14 gauge
galvanized 1ʺ dia was provided as Rs 239.20 per Rft (Rs 208+5%+10%).
Project Director, KIU Gilgit awarded the work, “Construction of
gate and spiral razor wire at campus and residential area of KIU” to M/s
Pir Ummer Farooq (Pvt) Ltd on 12
th
November, 2015. The contractor was
paid Rs 4.944 million upto final bill.
Audit noted that the Project Director executed an item No. 2/9
“providing of Christina Wire 12-14 gauge galvanized 18 dia” for a
quantity of 12,680.64 rft.
Audit observed that the item was paid at the rate of Rs 326 per rft
instead of approved rate of Rs 239.20 per rft. This resulted in overpayment
of Rs 1.101 million (Rs 326 - Rs 239.20=Rs 86.80 x12,680.64 Rft).
Audit pointed out the overpayment in August 2017. The Authority
did not reply.
The matter was discussed in DAC meeting held in December 2017
wherein the Committee directed the management to provide comparison
of rates with justification to Audit for verification.
Compliance to the DAC‟s directive was not made till finalization
of this report.
Audit recommends early compliance to DAC‟s directive.
(DP. 17)
9.4.10 Overpayment due to excessive excavation - Rs 1.106 million
As per BOQ of agreement, the item of excavation in ordinary soil
upto any depth in foundation and pipe trenches, wells etc and disposal of
surplus earth outside the site including all leads and lift complete in all
545
respects as per drawing, specification and instruction of the Engineer in-
charge was provided for 6,960 cubic meters. As per section-3.1(v) of
specification, in the event of any excavation being carried out wider or
deeper than shown on the drawings, it shall be filled in by the contractor at
his own expense to meet the required dimension and levels with concrete
or any other material approved for such purpose.
Audit noted that management of Shaheed Zulfiqar Ali Bhutto,
Medical University, PIMS, Islamabad awarded a work, “Construction /
Establishment of School of Dentistry at Shaheed Zulfiqar Ali Bhutto,
Medical University, PIMS, Islamabad” to M/s Capital Builders at an
agreement cost of Rs 518.966 million. The work was started on 29
th
August, 2016 to be completed within 24 months.
Audit observed that the contractor executed item of excavation for
a quantity of 8,918.81 cubic meters at the rate of Rs 885 per cubic meters
for foundation/basement taking extra length and width for working space.
The project management paid extra quantity of excavation of 1,249.91
cubic meters which resulted in overpayment of Rs 1.106 million.
Audit was of the view that due to non-adherence to the
architectural / structural drawings, extra quantities were allowed to the
contractor.
Audit pointed out the overpayment in September 2017. The
management replied that excavation for foundation was carried out
beyond exterior face of the columns and width was measured and paid
accordingly. Reply was not tenable as the excavation was carried out
beyond the limits only to facilitate the manpower for which the contractor
was not to be compensated.
The matter was discussed in DAC meeting held in December 2017,
wherein the Committee directed the management to finalize the inquiry
within 02 weeks and submit report to Audit and HEC for verification.
546
Compliance to the DAC‟s directive was not made till finalization
of this report.
Audit recommends early compliance to DAC‟s directive.
(DP. 20)
9.4.11 Overpayment due to allowing excessive weight of steel -
Rs 1.003 million
Rule 10 (i) of General Financial Rules (GFR) provides that „every
public officer is expected to exercise the same vigilance in respect of
expenditure incurred from public money as a person of ordinary prudence
would exercise in respect of expenditure out of his own money‟.
Audit noted that Project Director, Pakistan Institute of Engineering
and Applied Sciences, Nilore, Islamabad paid an amount of Rs 116.481
million on account of providing and laying hard grade ribbed deformed
(60,000 PSI) reinforcement bars including the cost of strengthening,
cutting, bending, binding, wastage and such overlaps not shown in the
drawings.
Audit observed that department made payment for steel against
measurement of standard weight whereas, as per Lab test report, the
weight of steel bar indicates less weight than standard weight. Thus
measuring and making payment of standard weight of steel against
underweight steel resulted in overpayment of Rs 1.003 million.
Audit pointed out the over payment in July 2017. The Institute did
not reply.
The matter was discussed in DAC meeting held in December 2017,
wherein the Committee directed the Institute to obtain clarification from
Pakistan Engineering Council (PEC) in support of their stance.
Compliance to the DAC‟s directive was not made till the
finalization of this report.
Audit recommends early compliance to DAC‟s directive.
(DP. 07)
547
CHAPTER 10
WORKERS WELFARE FUND/BOARDS
(MINISTRY OF OVERSEAS PAKISTANIS AND HUMAN
RESOURCE DEVELOPMENT)
10.1 Introduction
The Workers Welfare Fund (WWF) was established at the federal
level and Workers Welfare Boards (WWBs) at the provincial level under
Workers Welfare Fund Ordinance, 1971. The Secretary, Ministry of
Overseas Pakistanis and Human Resource Development is the Principal
Accounting Officer of the Fund/Boards.
The main functions of the WWF include financing projects
connected with the establishment of housing estates, construction of
houses, schools, hospitals and technical training Institutes for the workers.
Each provincial WWB is headed by a Chairman, assisted by Secretary and
eighteen members, both from the government and employees of the Board.
The Board is empowered for:
a) allotment, cancellation, fixation of rent of the houses financed
by the money allocated from the Fund,
b) maintenance/repairs of the houses, and
c) any other measures for the welfare of workers.
548
10.2 Comments on Budget and Accounts (Variance Analysis)
The table below shows position of head-wise budget allocation and
expenditure for 2016-17:
(Rs in million)
Description
Budget
Allocation
Actual
Expenditure
Variation
Excess/
(Saving)
Excess/
(Saving) in
%
Establishment
Charges
1,271.16
886.30
(384.86)
(30.27)
Other welfare
measures
4,376.10
1,612.71
(2,763.39)
(63.14)
Education
6,713.18
3,824.10
(2,889.07)
(43.03)
Development Works
10,556.13
3,882.01
(6,674.12)
(63.22)
Total
22,916.57
10,205.12
(12,711.44)
(55.47)
(Source: Budget allocation and actual expenditure has been taken from expenditure
statements provided by WWF/Boards).
Funds of Rs 10,556.13 million were allocated for development
works/new schemes in the original budget out of which only
Rs 3,882.012 million were utilized leaving 63% funds unutilized.
This indicated that planned targets were not achieved by the
managers of Fund/Boards.
Funds of Rs 4,376.10 million were allocated for welfare measures
of workers and Rs 1,612.708 million were utilized involving a
saving of Rs 2,763.392 million. Less utilization and saving of 63%
of the budget was indicative of lackluster performance of the
Department and workers were deprived of their welfare despite
availability of funds.
Funds of Rs 6,713.181 million were allocated for provision of
“education facilities” to the worker‟s children but only
Rs 3,824.102 million were utilized. Non-utilization of 43% funds
of allocation indicated in-efficient performance of the department
and depriving the deserving students/workers from their basic
rights.
549
10.3 Brief comments on the status of compliance with PAC’s
directives
Compliance position of PAC‟s directives on Audit Reports relating
to WWF/WWBs is as under:
Year
Total
Paras
No. of
Paras
Discussed
Compliance
Made
Compliance
Awaited
Percentage
of
Compliance
1992-93
02
02
01
01
50.00
1994-95
01
01
01
-
100
1995-96
01
01
01
-
100
2000-01
17
17
14
03
82.35
2003-04
07
07
02
05
28.57
2004-05
06
06
05
01
83.33
2005-06
06
06
05
01
83.33
2008-09
07
07
04
03
57.14
2009-10
29
29
08
21
27.58
2010-11
13
13
1
12
7.69
Note: Audit Reports for 2011-12, 2012-13, 2013-14, 2014-15, 2015-16
and 2016-17 have not been discussed by PAC till the finalization of this
report.
550
10.4 AUDIT PARAS
Irregularity and Non-Compliance
10.4.1 Unjustified payment of scholarships to children of employees
of non-entitled units/industries - Rs 58.037 million
As per Section-2 (vi) of Industrial Relations Ordinance, 2002, any
other concern or establishment, which the Federal Government may by
notification in the official Gazette, declare to be an industrial
establishment for the purpose of this Ordinance, but does not any concern
or establishment which is owned by Government or by a Corporation
established by Government or by a Corporation the majority of the shares
of which is owned by Government.
Section-2 (xxx) states that worker and workman means any
and all persons not falling within the definition of employer, who is
employed in an establishment or industry for remuneration or reward
either directly or through a contractor.
According to item No.8 Scholarship Scheme for Workers Children
Para 62 of the minutes of the 102
nd
meeting of Governing Body‟s held on
22
nd
October, 2009 at Islamabad, the eligible educational programme
under Category-III (b) is the degree from an Engineering University /
Medical College registered with HEC as well as by the Pakistan
Engineering Council or PMDC.
Audit noted that Workers Welfare Board, Khyber Pakhtunkhwa
made payment of Rs 58.037 million on account of scholarship, hostel/
mess charges and transport charges for children of workers/employees.
Audit maintains that payment was irregular as described below:
DP No.
Amount
(Rs in million)
Remarks
01
36.388
Scholarship was paid to different
educational institutions to the children of
workers working in National Radio &
Telecommunication Corporation Ltd, M/s
551
DP No.
Amount
(Rs in million)
Remarks
Telephone Industries of Pakistan (Pvt) Ltd
and M/s Sui Northern Gas Pipeline Ltd
which did not fall under the definition of
Industrial Unit.
02
14.636
Scholarships to children of employees of the
WWB Peshawar which did not fall under
the definition of workers.
03
7.013
Stipend, hostel/mess charges and transport
charges for the children of workers studying
in various Educational Institutes/
Universities, which were not registered with
both HEC and PMDC or registered with
either HEC or PMDC.
Total
58.037
Audit was of the view that the irregularity occurred due to
inefficient mechanism of implementation of internal controls.
Audit pointed out unjustified payment in September 2017 but the
management did not reply.
The matter could not be discussed in the DAC meeting despite
requests made by Audit in November 2017 and January 2018.
Audit recommends early recovery of the unjustified payments.
Performance
10.4.2 Non-recovery on account of rent of flats and shops - Rs 4.334
million and non-revision of rates of shops
Rule-20 of GFR (Vol-I) provides that it is the duty of the
departmental Controlling officers to see that all sums due to Government
are regularly and promptly assessed, realized and duly credited in the
Public Account.
552
Audit noted that Workers Welfare Board, Khyber Pakhtunkhwa
Peshawar recovered rent of shops and flats for Rs 2.554 million against
receivable amount of Rs 5.520 million. This resulted in non-recovery of
rent of Rs 2.966 million for the year 2016-17. It is worth mention that rent
of Rs 1.368 million for the year 2015 was also recoverable. Any action
towards realization of outstanding dues was not initiated. This resulted in
non-recovery of rent of Rs 4.334 million.
Audit observed that the department was charging/realizing rent of
shops @ Rs 200 to Rs 3,000 per shop situated at different locations which
was fixed in 32
nd
Governing Body meeting held in June 2004. Audit
further observed that rent was not revised despite lapse of reasonable
period. Audit was of the view that non-revisions of rent for last 10 years
was a recurring loss of revenue.
Audit pointed out non-recovery and non-revision of rent in
September 2017 but the management did not reply.
The matter could not be discussed in the DAC meeting despite
requests made by Audit in November 2017 and January 2018.
Audit recommends early recovery of outstanding amount and
revision of rent in the light of market trend.
(DP. 4, 5)
10.4.3 Non-allotment of 2040 completed flats - Rs 3,916.57 million
Clause-11-C of WWF Ordinance, 1971 provides that as soon as a
scheme is completed regulations regarding measures for allotment,
fixation of rent of the houses, cancellation of allotment and their
maintenance and repairs be taken.
Section 11-D provides that any rent or arrears of rent due from any
person under the scheme may be recovered by deduction from wages of
the employees or as arrears of land revenue.
553
Audit noted that various schemes of construction of flats
constructed for industrial workers were completed in Sukkur, Nawabshah
and Taxila as detailed under: -
Name of Scheme
Particular
Approved
cost (Rs in
million)
Completion
date
Construction of 1024 Flats
and Infrastructure
Development at Sukkur
352 Flats
Package-I, 352
Flats Package-II
and 320 Flats
Package-III
1,689.132
31
st
December,
2016
Construction of 512 Flats
and Infrastructure
Development at
Benazirabad (Nawabshah)
256 Flats
Package-I, and
256 Flats
Package-II
913.438
30
th
September,
2016
Construction of 504 family
flats and infrastructure
development work on 30
Acers of land at Hattar
Road Taxila.
504 flats
1,314.00
31
st
December,
2013
Total
2040 flats
3,916.57
Audit observed that all the above schemes were shown completed
on 31
st
December, 2016, 30
th
September, 2016 and 31
st
December, 2013
respectively and handed over by the Secretary WWF Islamabad to the
Secretary WWB Sindh on 16
th
November, 2017. Allotment policy for
1,536 Flats handed over by the WWF to the WW Board Sindh and
recovery of rent of already allotted Flats in Labour colonies was not got
approved and shown to Audit. This resulted into non-allotment of flats as
per approved allotment policy. Details of recovery of rent in respect of
Labour Colonies was also not maintained and shown to Audit.
Audit was of the view that non-allotment of Flats was due to weak
internal control system of WWF.
Audit pointed out the issue in November 2017. The management
replied that due to 18
th
amendment in the constitution of Pakistan the
554
Workers Welfare Boards are independent now. Due to amendment, the
process of handing/taking-over was delayed. The allotment/policy and
recovery of the rent for flats/houses/plots was purely provincial Workers
Welfare Board‟s subject.
The reply was not tenable. As per WWF ordinance 1971, WWF as
a regulator was responsible for transparent allotment of workers
accommodation and best use of resources.
The matter could not be discussed in the DAC meeting despite
request made by Audit in January 2018.
Audit recommends that necessary measures may be taken for
framing/approval of allotment policy and recovery of rent.
(DP. 28 & 39)
10.4.4 Loss to the shelterless workers due to non-completion of project
within stipulated period and extending undue benefit to the
sponsor - Rs 869.050 million
PC-I of the work “Construction of 500 single houses at Zone V,
Islamabad” approved by DDWP in September 2011 provides that the
project is related to the housing sector which is top priority of the
Government of Pakistan. The establishment of labour colony in Zone-V
Islamabad for industrial workers will assist the Government in achieving
the goal of providing the basic facility of shelter for all. Various schemes
of similar nature are being already executed in Pakistan by WWF.
Audit noted that WWF, Islamabad awarded a work on 04
th
June,
2012 with completion period of 30 months i.e. 05
th
February, 2015 but the
contractor failed to complete the work within stipulated period and was
extended upto April 2016.
Audit observed that the project authorities did not manage to
complete the project/work and the department did not take serious steps
for developing the housing project within stipulated time period. Despite
555
the authority has given 2
nd
extension upto 01
st
June, 2017 and 3
rd
extension upto 31
st
March, 2018 but the contractor could not complete the
work in 2
nd
extended period. This shows that the authority has not taken
special initiatives to complete the project in time, which was totally for
shelter less workers of different factories of Islamabad territory.
Audit pointed out irregularity in November 2017. The management
replied that the project was delayed due to land issues, court cases, non-
release of sufficient amount to the WWF by the AGPR on account of
development schemes and non-appointment of Secretary WWF by the
Ministry for nine (09) months. Keeping in view of the above cogent
reasons 2
nd
and 3
rd
extension of time (EOT) were granted. This was also
approved by the competent authority of WWF. All the facts have been
revealed and no time or money was wasted by the WWF.
The reply was not tenable as reasons of delay given in the reply
pertained to the management. As admitted that project badly delayed for
three years due to land possession problems, non-provision of funds and
delay in posting of Secretary WWF, Islamabad. Contractor was
prequalified on financial soundness but even after laps of six years project
was still incomplete and contractor was not penalized due to non-
fulfillment of contractual obligation to complete the project in 30 months.
Audit was of the view that the loss occurred due to inadequate
oversight mechanism and weak internal and financial controls.
The matter could not be discussed in the DAC meeting despite
request made by Audit in January 2018.
Audit recommends for investigation besides fixation of
responsibility against persons at fault and speed up the construction work
to accommodate shelterless labourers.
(DP. 36)
556
Internal Control Weaknesses
10.4.5 Unauthentic payment to contractor without detailed
measurement of works - Rs 440.469 million
Para 208 of CPWA Code provides that unless in any case, the
administration after consultation with Accountant General, direct
otherwise, payments for all work done are to be made on the basis of
measurements recorded in the MB was a permanent record issued to
supervisory officer to record date wise activity, mandatory tests at site. In
mega projects of highways, dams, buildings, runways etc. it was a
mandatory requirement for recording the measurements of works,
supplies, stores etc.
Para 209 (d) of CPWD Code provides that all the payments for
works and supplies are based on the quantities recorded in the MB. It is
incumbent upon the person taking the measurement to record the
quantities clearly and accurately. He will also work out and enter in the
MB the figures for the contents and area column.
Audit noted that Director Works, Workers Welfare Board, Khyber
Pakhtunkhwa, Peshawar made payments to various contractors on account
of work done during the year 2016-17.
Audit observed that the payments were made without recording
detailed measurement of work done in MBs. This resulted in unauthentic
payment of Rs 440.469 million.
Audit was of the view that unauthentic payment was made due to
weak financial controls.
Audit pointed out unauthentic payment in September 2017 but the
management did not reply.
The matter could not be discussed in the DAC meeting despite
requests made by Audit in November 2017 and January 2018.
557
Audit recommends that MB be maintained as per codal
requirement.
(DP. 07)
10.4.6 Non-recovery of contribution and penalty from defaulting
firms - Rs 300.48 million
Worker Welfare Fund (WWF) was established under WWF
Ordinance, 1971 for providing low cost housing and other welfare
facilities to the workers of industrial establishment/companies. Worker
welfare fund derives income for following sources:
i. Every industrial establishment contributes 2% of assessable
income under WWF Ordinance 1971 when its total income
exceeds Rs 500,000 in an accounting year.
ii. The leftover account of 5% of profits after distribution amongst
the workers under companies profit (worker participation) Act
1968.
Section 5 of the Companies Profit (Worker‟s Participation) Act,
1968 provides that where a company defaults to comply with any of the
procession, penalty of Rs 5,000 will be imposed and in case of continuing
failure, a further sum of one thousand rupee for every day after first year
during which the failure continues will be recovered.
Audit noted that Workers Welfare Fund Islamabad maintained
registration of 941 firms/industrial units for collection of Worker Welfare
Fund (software log report).
Audit observed that out of 941 Companies/industrial units only
366 firms were contributing towards Worker Welfare Fund and balance
595 companies have not submitted/filed income returns to WWF. Audit
further observed that there was lack of monitoring in WWF and Security
& Exchange Commission of Pakistan for registering the new companies
558
with WWF. This resulted in non-recovery of worker welfare trust fund due
to non-contribution towards WWF as calculated below:
(Rs in million)
Particulars
Amount
Assessable Income (approx) per year company/industry
20.00
Assessable income of 595 firms (20.0x595)
11,900
2% contribution by 595 firms (11,900x2%)
238.0
Assessable Profit (11,900x10%)
1,190
5% share of profit (1,190x5%)
59.5
Total
297.5
Add penalty (5000x595)
2.98
Approximate collection
300.48
Audit was of the view that less contribution to the Fund was made
due to non-framing and approval of procedures, mechanism and
inadequate survey, monitoring mechanism, deficient revenue-recognition
policies and weak internal controls.
Audit pointed out the Non-recovery in November 2017. The
management replied that According to Rule-5 of the Companies Profits
(Workers‟ Participation) Act, 1968, WWF can impose penalty. However,
WWF is continuously observing to frame the rules, pertaining to the
recovery of WPPF amount, on the pattern of its sister organization EOBI.
941 companies/firms/industries have been registered. Upto 23
rd
November, 2017 total 366 companies had submitted their WPPF returns;
however, because of follow up of WWF, the returns were still being
received from the remaining companies, which are being followed up.
However, due to the mergers and winding up of various companies during
the year, the number of received returns may not match with the number
of companies registered in WPPF database of WWF Secretariat. Further,
WWF has no legal authority to monitor or survey the companies
physically. To ensure an increase in the revenue of WWF recovery rules
are under process. The reply was not tenable. As per record maintained in
the WWF, registration of 941 companies existed with WWF out of which
366 companies has submitted their WPPF, returns remaining 595
companies have not submitted their income returns and contribution to the
559
WWF. Non-collection of industrial contribution from enlisted companies
was mismanagement on the part of the WWF.
The matter could not be discussed in the DAC meeting despite
request made by Audit in January 2018.
Audit recommends that procedures, adequate survey, monitoring
mechanism for improvement of collection of fund be adopted.
(DP. 27)
10.4.7 Inadmissible payment on account of price adjustment for
extended period of contract - Rs 44.766 million
As per Chief Resident Engineer letter No. AJA/WWF/2016/024
dated 16
th
March, 2016 regarding Extension of Time, the approval for time
extension, if granted, will only be conveyed after getting an undertaking
from M/s ConPro that no monetary claim will be lodged with WWF
resulting from the grant of time extension. The recommendations of CRE
were approved by the Secretary Workers Welfare Fund on 15
th
November,
2016 vide note-36 and extension of time was granted upto 20
th
April 2017.
According to para 31&44 of Noting 13/N for extension in
completion time upto 01
st
June, 2017 and 31
st
March, 2018 subject to
condition that contractor will have absolutely no claim whatsoever for any
compensation on account of these extensions. No financial implication if
involved in case for extensions.
Audit noted that the work construction of 1,008 Flats in zone V,
Islamabad was awarded on 03
rd
August, 2012 with completion period of
30 months to be completed on 02
nd
February, 2015. The completion time
was revised upto 20
th
April, 2017.
Audit observed that price adjustment of Rs 44.766 million was
paid to the contractor for extended period in two cases as detailed below:
560
DP. No.
Amount (Rs in million)
34
41.622
35
3.144
Total
44.766
Audit pointed out the overpayment in November 2017. The
department replied that the project was delayed due to land issue,
insufficient funds and non-appointment of Secretary WWF. The extension
in completion time (EOT) was granted in consultation/recommendation of
the consultant. Price adjustment was paid according to Appendix-C to bid
in the contract agreement.
The reply was not acceptable. While granting conditional
extension in time it was clearly decided that there shall be no financial
benefit and claim whatsoever against extension. Condition on eve of
extension in time was imposed by the Secretary WWF keeping in view all
the factors explained by the contractor and analyzed by the competent
authority. Payment of price adjustment in extended period was not
admissible.
Audit was of the view that the overpayment on account of price
adjustment was due to weak financial and internal controls and inadequate
oversight mechanism for enforcing relevant rules and regulations.
The matter could not be discussed in the DAC meeting despite
request made by Audit in January 2018.
Audit recommends to recover/adjust the overpaid amount under
verification to audit.
10.4.8 Award of Talent Scholarship to ineligible employees -
Rs 14.943 million
Industrial Relations Act (IRA) 2012 speaks that “Worker” and
“Workmen” mean person not falling within the definition of employer
who is employed (including employment as a supervisor or as an
561
apprentice) in an establishment or industry. According to the notification
issued by Government of the Punjab, Lahore & Human Resource
Department, Supervisory employees such as Assistant Engineer,
Production Manager, Chief Account, Factory Manager (S. No.01 to 24)
mentioned in the Punjab Gazette (Extraordinary) 25
th
July, 2016 do not
fall in the category of worker and workmen”
According to Para-1 (ii) of letter No. PWB (WEL) 5(02)(2017)/F-
674) dated 09
th
October, 2017 issued by Punjab Workers Welfare Board
Lahore. Person who is employed mainly in managerial or administrative
capacity e.g. any kind of Executive Officer, Purchase officer, Admin
Officer, Accounts Officer etc. does not fall in the definition of worker and
workmen.
Audit noted that the Secretary Worker Welfare Board Lahore
awarded Talent Scholarship to the managerial/Supervisory employee‟s
children in violation of eligibility criteria for establishment and worker as
notified vide No.PWB(WEL)6(10)04/T.S. Policy(Vol-II) dated 24
th
December, 2009.
Audit observed that an amount of Rs 52,454,715 was disbursed for
award of talent scholarships upto Rs 998,000 per person amongst 1,884
persons through batch No.1079, 469 & 336. Out of 1,884 persons 333
persons belong to the children of managerial/supervisory employees
instead of workers or workmen‟s children resident of district Shaikhupura,
Lahore, Gujrat and Gujranwala. An amount of Rs 14.943 million was paid
to managerial/supervisory employees‟ children such as Supervisor,
Accountant, Controller, Quality Controller, Admin Assistant,
Superintendent, Secretary to C.E., etc. Payment of scholarships to other
than worker or workmen‟s children resulted into inadmissible payment of
Rs 14.943 million.
Audit pointed out the inadmissible payment in October 2017. The
department replied that audit was carried out for the Financial Year 2016-
2017 (01
st
July, 2016 to 30
th
June, 2017), while the observation had been
raised on the basis of this office letter issued on 09
th
October, 2017 i.e.
562
current Financial Year 2017-18. Further, the cases were approved as per
policy at that time, hence had no retrospective effect. Moreover, no case
has so far been processed with reference to letter dated 09
th
October, 2017.
Workers Welfare Fund, Islamabad directed that Imam Masjid / Khateeb of
industrial establishment performing his duties in category of worker with
limited salary packages may be considered a working class and eligible for
availing benefits out of WWF vide letter dated 22
nd
April, 2016.
The reply was not acceptable because audit observation was raised
in the light of Industrial Relation Act (IRA) 2012 and strengthened with
the Workers Welfare Board letters dated 09
th
October, 2017. Further, audit
did not object scholarship given to Imam Masjid / Khateeb‟s children.
The matter could not be discussed in the DAC meeting despite
request made by Audit in January 2018.
Audit recommends recovery of the amount involved besides fixing
of responsibility against the responsible(s).
(DP. 18)
10.4.9 Payment on account of award of marriage/death grants to
ineligible employees - Rs 13.660 million
“Industrial Relation Act (IRA) 2012 speaks that “Worker” and
“Workmen” mean person not falling within the definition of employer
who is employed (including employment as a supervisor or as an
apprentice) in an establishment or industry. According to the notification
issued by Government of the Punjab, Lahore & Human Resource
Department, Supervisory employees such as Assistant Engineer,
Production Manager, Chief Account, Factory Manager (Sr.No.01 to 24)
mentioned in the Punjab Gazette (Extraordinary) 25
th
July, 2016 do not
fall in the category of worker and workmen”
According to Para-1 (ii) of letter No. PWB (WEL) 5(02)(2017)/F-
674) dated 09
th
October, 2017 issued by Punjab Workers Welfare Board
Lahore. Person who is employed mainly in managerial or administrative
563
capacity e.g. any kind of Executive Officer, Purchase officer, Admin
Officer, Accounts Officer etc. does not fall in the definition of worker and
workmen.
Audit noted that the Secretary Worker Welfare Board, Punjab,
Lahore awarded Death Grant to the managerial/Supervisory employees in
violation of eligibility criteria for establishment and worker as notified by
Punjab Workers Welfare Board, Lahore according to that workers must be
covered under “Industrial Relation Act (IRA) 2012.
Audit observed that an amount of Rs 86.800 million was disbursed
for award of death grant @ Rs 500,000 per person amongst 222 persons
through batch No.222, whereas 29 persons belongs to the
managerial/supervisory employees instead of worker or workmen. An
amount of Rs 10.500 million paid to managerial/supervisory employees
such as Supervisor, Accountant, Quality Inspector, Office Incharge etc.
Payment of death grant to other than worker or workmen resulted into
inadmissible payment of Rs 10.500 million.
Audit further observed that an amount of Rs 46.840 million was
disbursed for Marriage Grant @ Rs 100,000 per person amongst 481
persons. Out of 481 persons 34 persons belongs to managerial/supervisory
employees instead of worker or workmen‟s children. An amount of
Rs 3.160 million was paid to managerial/supervisory employee‟s children
such as Sales Supervisor, Accountant, Admin Assistant, Purchaser,
Contractor etc. Payment of scholarships to other than worker or
workmen‟s children resulted into inadmissible payment of Rs 3.160
million. Total inadmissible payment comes to Rs 13.660 million.
Audit pointed out the inadmissible payment in October 2017. The
department replied that the Worker Welfare Fund ordinance 1971 borrows
definition of “Worker” from the Industrial Relation Act. (IRA) 2012. The
definition of worker given in the law clearly provides that supervisory
personnel of an industrial establishment very much cover within the
definition of worker. Moreover, the Punjab Workers Welfare Board vide
its letter No. PWB (WEL) 6(10)04/Vol-II Policy File, dated 07
th
March,
564
2013 has categorically clarified that supervisors are to be considered as
workers following promulgation of IRA, 2012. In no case of death grant
pointed out by the audit, designation of worker is as “Assistant Engineer,
Production Engineer, Chief Accountant or Factory Manager” (as excluded
in Punjab Gazzette (extraordinary) July, 25) and no deceased worker was
in the managerial or administrative capacity, hence there is no violation of
eligibility criteria set for death/marriage grant cases.
The reply was not acceptable because the Workers Welfare Board
Lahore already categorized the designation of workers and employer vide
their letter No. PWB (WEL) 5(02)(2017)/F-674) dated 09
th
October, 2017.
Hence, Accountant, Quality Inspector, Office Incharge etc. did not cover
under the definition of worker or workmen.
The matter could not be discussed in the DAC meeting despite
request made by Audit in January 2018.
Audit requires recovery of the amount involved besides fixing of
responsibility against the responsible(s).
(DP. 21 & 24)
10.4.10 Inadmissible payment due to violation of
specification/drawing - Rs 5.289 million
As per Para 16, Chapter 13 of Public Health Works Specification,
the maximum width of trenches in respect of which payment will be
allowed for excavation will be as follow:
a. Trenches not exceeding 7 feet in depth 20 inches plus external
diameter of barrel for pipe sewer.
b. Trenches exceeding 7 feet and not exceeding 15 feet 24 inches plus
external dia meter of barrel for pipe sewer.
Audit noted that Director Works Workers Welfare Board, Punjab,
Lahore measured and paid 3.5 feet width of trenches having up to 7 feet
depth for 9 inches, 12 inches and 15 inches dia pipes. Quantity of
565
excavation as well as brick blast was measured and paid on excessive side
due to excessive measurement of width of trenches.
Audit observed that as per approved construction drawing brick
blast under R.C.C pipes was to be measured with thickness ¼d (min 4") +
½ D whereas brick blast was measured with excessive thickness.
Audit further observed that record entry of 7,941.19 Cft was made
for brick blast 1½" to 2" gauge where as payment was made for crush
stone 1/2" to 2" as non-scheduled item @ 73.21 per Cft + 13.45%
premium.
Moreover, providing and laying crushed stone was actual comes to
9,973.40 Cft whereas due to wrong calculation quantity was paid for
11,792.00 Cft hence over payment was made of Rs 166,223. Overpayment
on account of excavation of trenches and P/L brick blast was made due to
violation of specifications approved construction drawing and
miscalculation. This resulted in inadmissible/overpayment of Rs 5.289
million.
Audit pointed out overpayment in October 2017. The
management replied that detailed calculations in this regard had been
made keeping in view width of trenches as well as thickness of bedding as
per design criteria provided in the Public Health Engineering Department,
Design criteria, 1998 and accordingly an amount of Rs 68,323 had been
arrived at for recovery from the contractor and would be recovered in final
bill.
The management admitted recovery of Rs 68,323 which was not
correct because overpayment due to miscalculation of Rs 166,223 was not
replied. Further, record entry of brick blast of 7941.19 Cft. with the rate
Rs 83.06 per Cft (73.21 + 13.45%) instead of Rs 24.33 Cft (935.59 +
160%) was admitted in Annex-II but recovery of Rs 466,386 (7941.19 x
58.73) was not added in the recovery statement by the department.
Furthermore department admitted that the excessive width was measured
for excavation of sewerage line for 9", 12" and 15" pipes. But in Annex-II
566
quantity of excavation for 0 - 5' depth was shown as enhanced from
587.53 %Cft. to 607.31 %Cft which was not possible because when length
and depth are constant/unchanged quantity of excavation should be
decreased.
The matter could not be discussed in the DAC meeting despite
request made by Audit in January, 2018.
Audit recommends for recovery of the amount involved besides
fixing of responsibility against the responsible(s).
(DP. 14)
10.4.11 Payment on account of removal of debris in violation of
contract agreement - Rs 4.631 million
As per clause -7 & 17 of General Directions for the guidance of the
tenderer, the tenderer shall, at his own expense, inspect and examine the
site and surroundings and obtain for himself, on his responsibility, all
information that may be necessary for preparing the tenders and entering
into the contract shall determine and satisfy himself by such means he may
consider necessary for desirable as to all matters pertaining to the tender.
The tenderer shall also satisfy himself before submitting his tender as to
the nature of grounds, hydrological and climatic conditions, the form and
nature of the site, the nature and layout of the terrain, the availability of
labour, water, electric power and transportation facilities in the area. Each
tenderer shall be deemed to have satisfied himself before tendering as to
the correctness and sufficiency of his tender and of the rates and prices
stated in the bid schedule which rates and prices shall, except in so far as it
is otherwise expressly provided in the contract, cover all obligations under
the contract and all matters and things necessary for the proper completion
and maintenance of the works.
Audit noted that the Project Construction of Labour Complex at
Warburton District Nankana Sahib” was awarded by Punjab Workers
Welfare Board to different contractors. Audit further noted that M/s JERS
567
Engineering Consultants prepared Engineer estimate on the C.S.R 2004 of
Pak PWD with 160% premium.
Audit observed that removal of debris and rubbish for a quantity of
215,481 cft was paid without provision in BOQ. Audit was of the view
that payment for removal of debris without provision in BOQ was not
admissible. This resulted in inadmissible payment of Rs 4.631 million.
Audit pointed out the inadmissible payment in October 2017. The
management replied that for execution of relevant works, it was inevitably
required to remove debris, which were lying at the site before the start of
execution. The reply was not acceptable because before award of work the
Natural Surface Level (NSL) was taken for tender drawing. BOQ and
drawing was prepared by the consultant and supervision was also made by
the same consultant. Hence, payment made for huge quantity without
provision in the BOQ was not justified.
The matter could not be discussed in the DAC meeting despite
request made by Audit in January 2018.
Audit recommends recovery of the amount involved besides fixing
of responsibility against the responsible(s).
(DP. 13)
10.4.12 Procurement of vehicles without provision in BOQ - Rs 4.074
million
According to Para 10 of General Financial Rules, 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.
Audit noted that the Director Works Workers Welfare Board
Khyber Pakhtunkhwa, Peshawar made payment of Rs 4.074 million to M/s
Indus and Pak Suzuki Motor on account of purchase of vehicles.
568
Audit observed that 1300CC Loaded vehicles were procured
without provision in approved BOQ. Audit was of the view that
procurement of vehicles without provision in BOQ was unauthorized. This
resulted in irregular expenditure of Rs 4.074 million.
Audit pointed out the irregular expenditure in September, 2017 but
the management did not reply.
The matter could not be discussed in the DAC meeting despite
requests made by Audit in November 2017 and January 2018.
Audit recommends regularization of the expenditure beside
fixation of responsibility.
(DP. 08)
10.4.13 Payment of excessive quantities without approval - Rs 17.810
million and overpayment due to separate payment of
scaffolding - Rs 3.333 million
According to clarification at page 251 of Pak PWD SR 2004, sub-
head 118 “Rate shall cover all the requirements of the work as included in
the nomenclature of schedule of items of the contract and as specified in
this chapter and included all labour and material, form-work, scaffolding
tools and plants, etc. excluding the cost of reinforcement which shall be
paid separately. Further analysis of item No. 90 given in book of analysis
2004, Vol-I, rate of the item “P/F machine made gutka brick tiles facing 1-
1/2” to 2” thick in cement mortar 1:3…” Rs 5,312.08 per %sft inclusive of
cost of scaffolding.
Audit noted that the Project Construction of Labour Complex at
Warburton District Nankana Sahib” was approved by Governing Body of
Workers Welfare Fund in its meeting held on 22
nd
August, 2013 for Rs
926.126 million. The work was divided into seven (07) packages. Tender
for package-D phase-1 was opened on 11
th
March, 2014 and work was
awarded to M/s Bal Group of Construction at cost of Rs 109.314 million
on 25
th
April, 2014.
569
Audit observed that the item of work “Extra if Scaffolding is
required in any item of dado and facing” was measured and paid for
quantity of 279,846 sft against provision of 180,523 sft in agreement with
an excess of 55%. Audit was of the view that composite rate of brick
gutka was inclusive of cost of scaffolding as per specification and rate
analysis of the item. Thus, separate payment of this item was unjustified.
This resulted in overpayment of Rs 3.333 million. Besides approval for the
excessive quantities paid over and above the BOQ was not obtained. This
also resulted in excess payment of Rs 17.840 million.
Audit pointed out overpayment in October, 2017. The management
replied that whenever gutka was laid in the excessive heights, scaffolding
is required from zero till the top of the building. Had gutka been laid
without scaffolding no amount for extra item of scaffolding would paid to
the contractor. As regards laying of gutka without scaffolding up to the
height of 5 ft., a mason can only work up to his chest height without
scaffolding arrangements and once brick/gutka height increases from chest
height, it requires scaffolding. The reply was not acceptable because the
scheduled rate was inclusive of cost of scaffolding.
The matter could not be discussed in the DAC meeting despite
request made by Audit in January 2018.
Audit recommends recovery of the amount involved besides fixing
of responsibility against the responsible(s).
(DP. 20)
10.4.14 Overpayment due to application of incorrect rate - Rs 3.040
million
According to Pak PWD Schedule of Rates-2004 item No. 10 at
page 456 and item No. 02 at page 548, the item of work “making earthen
embankment with earth taken from approved borrow pit with a lead upto 5
mile” was payable @ Rs 560.20 per % cft as under:
570
Item No. 10 at page 456
Rs 184.98 per %cft
Item No. 02 at page 548
Rs 419.42 per %cft
(326.52+46.45+46.45)
Total
Rs 604.40 per %cft
Less cost of lead and lift one chain being
common in both items
Rs 44.20 per % cft
Net payable rate
Rs 560.20 (604.40-44.20)
Audit noted that Director Works, WWB, Lahore, measured and
paid an item of work “making earthen embankment with earth taken from
approved borrow pit with a lead upto 5 milesin work “Construction of
labour complex at Multan Phase-I” for a quantity of 162,775 cft.
Audit observed that rate was allowed as Rs 1,212.51 per %cft
instead of 560.20 per %cft. Audit further observed that quantity of
162,775 cft was paid to the contractor against the BOQ provision of
20,000 cft. This resulted in overpayment of Rs 3.040 million (162,775 x
(1,213.51 560.20) x 185.90) (+185.90%) per million.
Audit pointed out the overpayment in October 2017. The
management replied that two scheduled items i.e. 30/8 and 456/10 were
taken i.e. first item for supply of earth and second to place it as earthen
embankment. The reply was not tenable because one item 30/8 was taken
from sub-head “filling” and the other item 456/10 was taken from sub-
head “road and runways”, hence both were not payable for consolidated
item. The payment was made for earthen embankment and not for filling
as per detailed measurement recorded at page 45 & 46 of MB-273, hence,
overpayment was established.
The matter could not be discussed in the DAC meeting despite
requests made by Audit in December 2017 and January 2018.
Audit recommends recovery of overpaid amount besides
justification of excessive quantities.
(DP. 11)
571
10.4.15 Hiring of Legal Advisor in violation of rules - Rs 2.683 million
Rule 46(b) of Punjab PPR 2014 stated that individual consultant
shall be selected by comparing the qualifications and experience of at least
three consultants among those who have expressed interest in the
assignment or have been approached directly by the procuring agency;
Rule 4 of Punjab Local Government (Legal Advisors) Rules 2003
stated that a local government desirous of engaging a Legal Adviser on
regular basis shall invite applications through advertisement at least in two
National daily newspapers indicating the requisite qualifications,
experience, standing of the advocate and the maximum remuneration
offered.
Audit noted that Secretary Punjab Workers Welfare Board Lahore
cancelled the contract of Malik Muhammad Nawaz, Legal Advisor on 02
nd
January, 2008 and appointed Mr. Jari Ullah Khan as Legal Advisor on
02
nd
January, 2008 on the basis of C.V., extension granted to Mr. Jari
Ullah Khan on 25
th
February, 2009 to 01
st
January, 2010. Malik
Muhammad Nawaz was appointed again as Legal Advisor for the period
w.e.f. 25
th
April, 2010 to 22
nd
January, 2015 on his request to Chairman.
During this period, Mr. Jari Ullah Khan was showing non-cooperative
attitude for requiring detail of court cases of Punjab Workers Welfare
Board vide letter Nos.PWWB-Admn-3(15)2007 dated 17
th
September,
2013, 02
nd
October, 2013 and 16
th
December, 2013.
Audit further noted Secretary Punjab Workers Welfare Board
Lahore reappointed Mr. Jari Ullah Khan as legal advisor vide letter
No.PWWB-Admn-3(9)/2002 dated 22
nd
January, 2015.
Audit observed that Secretary Punjab Workers Welfare Board
Lahore appointed Mr. Jari Ullah Khan as Legal Advisor without adopting
the tendering process for consultancy. This resulted into irregular award of
contract for Legal Advisor and payment of Rs 2.683 million during the
financial year 2016-17.
572
Audit pointed out the irregularity in October 2017. The
management replied that the Legal Advisor did not fall within the
definition of consultant as consultancy services are hired against specific
assignment or project. PPRA defines consultancy services as “consultancy
services” means services requiring adequate technical expertise and
financial capability in undertaking specific assignment or project and may
be of an intellectual nature and differ from the other types of services
directly connected with the procurement of goods and works in which the
physical component of the activity was the main function and often
involves equipment intensive assignments.
The reply was not tenable because procurement of legal consultant
falls within the definition of consultancy services hence, public
procurement rule applies on the procurement of legal consultancy.
The matter could not be discussed in the DAC meeting despite
request made by Audit in December 2017 and January 2018.
Audit recommends recovery of the amount involved besides fixing
of responsibility against the responsible(s).
(DP. 22)
10.4.16 Non-mutation of land in the name of Workers Welfare Fund
(2,119 Kanal 10 Marla)
PC-I for construction of labour colony at Zone V to provide
residential, educational and health facilities to the Workers was approved
in September 2011 on a piece of land measuring 1,476 Kanals for 1500
Workers and their families.
As per possession report, land measuring 2,582 kanals 13 marlas
was acquired for 500 houses for Labour Colony at Zone V Islamabad.
Audit noted that out of acquired land of 2,582 Kanals for
construction of labour colony at Zone V Islamabad (1008 flats and 500
573
Houses) only 1,476 Kanals land was taken in possession by the Workers
Welfare Fund.
Audit observed that out of 2,582 Kanal 13 Marla land only 463
Kanal 3 Marla land was transferred in the name of WWF Islamabad
leaving 2,119 Kanal 10 Marla land for which mutation in favour of WWF
was not available. This resulted into non-mutation of land 2,119 Kanal in
favour of Workers Welfare Fund.
Audit held that non-mutation of land was due to weak internal
control system of Worker Welfare Fund.
Audit pointed out the non-transfer of land in November 2017 but
the management did not reply.
The matter could not be discussed in the DAC meeting despite
request made by Audit in January 2018.
Audit recommends that efforts be made to mutate the land in the
name of Workers Welfare Fund.
(DP. 40)
574
Annexure-1: MFDAC
Six hundred and one (601) Proposed Draft Paras of under-
mentioned departments/organizations have been placed in MFDAC for
further follow up and compliance on the part of Principal Accounting
Officers which are to be complied through Departmental Accounts
Committee/verification within the year. In case of non-compliance and
after further improvement, paras deemed appropriate will be included in
next Audit Report.
S. No.
Name of Department/Organization
No. of PDPs
1.
Capital Development Authority/Metropolitan
Corporation Islamabad
64
2.
Civil Aviation Authority
77
3.
National Highway Authority
240
4.
Pakistan Public Works Department
168
5.
Estate Office
3
6.
Federal Government Employees Housing
Foundation
0
7.
National Construction Limited
0
8.
Pakistan Housing Authority Foundation
13
9.
Higher Education Commission
20
10.
Workers Welfare Fund/Boards
16
Total
601
575
Annexure-2: Comments on Internal Controls
Internal controls are the set of rules, regulations, technical memos,
policy instructions and standard operating procedures which have been
prescribed by the departments/organizations to assist in achieving
management‟s objective of ensuring, as far as practicable, the orderly and
efficient conduct of its business, including adherence to management
policies, the safeguarding of assets, the prevention and detection of fraud
and error, the accuracy and completeness of the accounting records, and
timely preparation of reliable financial information.
The management of CDA, CAA, NHA, Pak. PWD, Estate Office,
FGEHF, NCL, PHAF, HEC and WWF/Bs did not take adequate measures
for the effective implementation of internal controls in their respective
organizations. Audit observed recurrence of many irregularities, reported
over the last many years, generally stemming either from absence of an
effective oversight mechanism or the weak implementation of internal
controls. The major recurring irregularities are:
i. Non-adherence to Public Procurement Rules while
procuring works, services, goods, awarding concessions,
leases, etc.
ii. Execution of works over and above the provisions of
approved PC-I without approval of deviation by competent
forum
iii. Non-adherence to Pakistan Engineering Council‟s standard
procedure and formula for price adjustments
iv. Non-obtaining insurance policies from the contractors to
safeguard works, equipment, labour, etc.
v. Non-recording detailed measurements of work done in
Measurement Books
vi. Grant of additional Mobilization Advance to contractors
through post-bid amendment
576
The organizations did not avail the services of their internal audit
wings to create effective internal controls environment. The workload of
external audit could have been reduced by utilizing existing internal audit
capacity of the departments in addition to the enforcement of financial
discipline. It is proposed that prior to the start of external audit, the
internal audit reports should be made available to the external auditors
help them in delineating the potential audit risk areas. Hence, Audit
emphasizes to enhance the role of internal audit wings of these
Ministries/organizations and suggests establishment of independent
internal audit wings under the direct supervision/control of PAOs/ heads
of the departments.
Significant breach of internal controls included:
Weak internal controls often result in loss to government. Such
cases occurred due to failure of laid down controls like
acquisition/safeguard of assets, performance reviews,
monitoring process, financial and administrative delegation of
powers, information technology system, pre-audit checks,
internal audit, maintenance of record, budgeting, accounting
process, reconciliation, tendering for grant of lease/award of
concessions and works, invoking of contract clauses/
specifications, etc.
There are cases of non-transparent bidding process, award of
works/consultancy without tendering, non-retrieval of
encroached land, execution of projects without approval of
ECNEC, non-insurance of works, post-bid amendments to the
contracts, undue financial aid to contractors, irregular
appointments, defective execution of work, improper planning,
payments without recording detailed measurements of work
done in MBs, wasteful expenditure, etc.
There are cases of overpayment due to allowing higher/
incorrect rates, allowing excessive quantities, non-deduction of
rebate, separate payment for inbuilt items, allowing
inadmissible premium, incorrect escalation, etc.
577
During the audit on a test check basis, cases of non-recovery on
account of licence fee, commercialization charges, rent,
penalty, taxes, risk and cost charges, cost of plots, advance,
mobilization advance, etc. were noticed which have been
highlighted in this Audit Report.
578
Annexure-A
Para 1.1.1: Unauthorized transfer of funds from lapsable PLA-I to
non-lapsable PLA-IV - Rs 1,776.376 million
S.
No.
Observation
No.
Name of Division
Amount (Rs)
Remarks
1.
1
Central Electrical &
Mechanical Division, Quetta
470,153,683
Contractor‟s
claims.
2.
22
Central Civil Division,
Abbottabad
1,081,356,561
Contractor‟s
claims.
3.
46
Central Civil Division-I,
Lahore
811,399
Excess
security
deposit
4.
56, 57, 58
Central Civil Division-II,
Lahore
31,186,430
Excess
security
deposit
5.
100
Central Civil Division-IV,
Islamabad
3,610,000
Excess
security
deposit
6.
101
Project Civil Division-II,
Islamabad
4,139,906
Excess
security
deposit
7.
109,110,111
Central Civil Division-I,
Peshawar
5,988,254
Excess
security
deposit
8.
129, 130,
131, 132, 133
Central Civil Division-III,
Peshawar
5,662,404
Contractor‟s
claims.
9.
136, 137
Central Civil Division,
Bannu
51,017,479
Contractor‟s
claims.
10.
150
Central Civil Division, Dera
Ismail Khan
327,806
Excess
security
deposit
11.
153
Project Civil Division,
Nowshera
999,645
Withheld
O&M
charges
12.
165
Central Electrical &
Mechanical Division,
Peshawar
8,125,000
WAPDA -
Installation
of meters
13.
227
Central Civil Division,
Khuzdar
45,971,605
Contractor‟s
claims.
14.
232
Central Civil Division-I,
Quetta
18,893,435
Contractor‟s
claims.
15.
234
Central Civil Division-II,
Quetta
48,133,210
Contractor‟s
claims.
Total
1,776,376,817
579
Annexure-B
Refer to Para 2.4.14.1
Deployment of staff in excess of sanctioned strength resulting in excess
expenditure
Designation of
the post
BPS
Sanctioned
Strength
Actual
Excess
Average
pay
Months
Amount
Environment Directorate (East)
Assistant
Director
17
01
02
1
70,000
12
840,000
Horticulture
Officer
16
03
04
1
50,000
12
600,000
Horticulture
Assistant
14
03
04
1
40,000
12
480,000
Supervisor
11
12
14
2
35,000
12
1,680,000
Junior Asstt.
7
01
02
01
30,000
12
360,000
OGMs
05
420
492
72
25,000
12
21,600,000
Sub-total
25,560,000
Environment Directorate (West) Urban-II
Hort Supervisor
11
14
15
01
35,000
12
420,000
Forest Guard
09
04
06
02
35,000
12
1,680,000
LDC/J.Asstt
11
02
03
01
35,000
12
420,000
OGMs
05
275
357
82
25,000
12
24,600,000
Sub-total
27,120,000
Environment Directorate (West) Urban-III
Forest Guard
09
04
07
02
35,000
12
840,000
Sub-total
840,000
Environment Directorate (Regional) Forest
LDC
11
02
03
01
35,000
12
420,000
Hort Supervisor
11
01
02
01
35,000
12
420,000
OGMs
05
200
221
21
25,000
12
6,300,000
Musician
01
01
02
01
20,000
12
240,000
Sub-total
7,380,000
Environment Directorate (Regional) Soil Conservation Unit
OGMs
05
40
57
17
25,000
12
5,100,000
Sub-total
5,100,000
Grand total
66,000,000