EXTRACTED REPORT OF THE SENATE STANDING COMMITTEE ON INFORMATION TECHNOLOGY AND TELECOMMUNICATION
EXTRACTED REPORT OF THE SENATE STANDING COMMITTEE ON
INFORMATION TECHNOLOGY AND TELECOMMUNICATION
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SENATE OF PAKISTAN
House of the Federation
PAKISTAN SENATE
House of the Federation
REPORT OF THE SENATE STANDING COMMITTEE ON
INFORMATION TECHNOLOGY AND TELECOMMUNICATION
REPORT NO.1 OF 2019
ON THE ISSUE OF PAYMENT OF INCREASE IN PENSION TO THE
RETIRED PAKISTAN TELECOMMUNICATION COMPANY
LIMITED (PTCL) EMPLOYEES PAYABLE BY PAKISTAN
TELECOMMUNICATION EMPLOYEES TRUST (PTET)
PRESENTED BY
SENATOR RUBINA KHALID
CHAIRPERSON COMMITTEE
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SENATE SECRETARIAT
REPORT OF THE SENATE STANDING COMMITTEE ON INFORMATION TECHNOLOGY AND TELECOMMUNICATION ON THE ISSUE OF PAYMENT OF INCREASE IN PENSION TO THE RETIRED PAKISTAN TELECOMMUNICATION COMPANY LIMITED (PTCL) EMPLOYEES PAYABLE BY PAKISTAN TELECOMMUNICATION EMPLOYEES TRUST (PTET)
I, Senator Rubina Khalid, Chairperson, Senate Standing Committee on Information Technology and Telecommunication, have the honour to submit, on behalf of the Committee, this report on the issue of payment of increase in pension to the retired Pakistan Telecommunication Company Limited (PTCL) employees payable by Pakistan Telecommunication Employees Trust (PTET).
2. The Composition of the Standing Committee is as under:-
1. Senator Rubina Khalid
2. Senator Kalsoom Parveen
3. Senator Abdul Rehman Malik
4. Senator Dr. Ashok Kumar
5. Senator Engr. Rukhksana Zuberi
6. Senator Faisal Javed
7. Senator Fida Muhammad
8. Senator Dr. Ghous Muhammad Khan Niazi
9. Senator Dr. Shahzad Waseem
10. Senator Molana Abdul Ghafoor Haideri
11. Senator Sana Jamali
12. Senator Taj Muhammad Afridi
3. The Senate Standing Committee on Information Technology and Telecommunication in its meeting held on 13th March, 2019, constituted a Sub-Committee under sub-Rule (1) of Rule 183 of the Rules of Procedure and Conduct of Business in the Senate, 2012. The Composition and Terms of the Reference (TORs) of the Sub-Committee were as under:-
COMPOSITION:-
1. Senator Engr. Rukhksana Zuberi
2. Senator Abdul Rehman Malik
3. Senator Kalsoom Parveen
CONVENER
Member
Member
TERMS OF REFERENCE:-
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I. Issue of payment of increase in pension of the retired employees of Pakistan Telecommunication Company Limited (PTCL) payable by the Pakistan Telecommunication Employees Trust (PTET).
4. The Sub-Committee held six meetings on the issue wherein representatives from the Ministry of Information Technology and Telecommunications, Pakistan Telecommunication Company Limited (PTCL) and Pakistan Telecommunication Employees Trust (PTET) participated in the meetings. The Sub-Committee completed its report and the Convener presented the same before the Standing Committee on 2nd September 2019. The report was to be laid in the House but there was no session of the Senate in September and October 2019. In the meanwhile the Convener of the Sub-Committee has put more hard work and deliberations on the report to make it further precise and pragmatic. The final report was again placed before the Standing Committee in its meeting held on 8th November, 2019, which was attended by the following:-
(1) Senator Abdul Rehman Malik
(2) Senator Engr. Rukhsaana Zuberi
(3) Senator Faisal Javed
(4) Senator Fida Muhammad
5. The Convener of the Sub-Committee while presenting Report, briefed the Committee Members about the salient features of the report and demanded that the same may be laid before the Senate under Rule 193 and 196 of the Rules of Procedure and Conduct of Business in the Senate, 2012. Senators Fida Muhammad, Faisal Javed and Abdul Rehman Malik endorsed the view point of the Convener of the Sub-Committee. Thereafter, Standing Committee unanimously adopted the Report of the Sub-Committee and decided to present the same before the House for discussion and adoption.
6. I am grateful to the members of the Sub-Committee for their efforts in addressing the issue and finalizing recommendations for resolution of the same.
7. The report of the Sub-Committee is placed at Annexure-A.
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SENATE OF PAKISTAN
House of Federation
REPORT OF THE SUB-COMMITTEE OF THE SENATE
STANDING COMMITTEE ON INFORMATION TECHNOLOGY
AND TELECOMMUNICATION
ON THE ISSUE OF PAYMENT OF INCREASE IN PENSION TO THE
RETIRED PAKISTAN TELECOMMUNICATION COMPANY LIMITED
(PTCL) EMPLOYEES PAYABLE BY PAKISTAN
TELECOMMUNICATION EMPLOYEES TRUST (PTET)
PRESENTED BY
SENATOR ENGR. RUKHSANA ZUBERI
CONVENER
2.09.2019
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SENATE SECRETARIAT
REPORT OF THE SUB-COMMITTEE OF THE STANDING
COMMITTEE ON INFORMATION TECHNOLOGY AND
TELECOMMUNICATION ON THE ISSUE OF PAYMENT OF
INCREASE IN PENSION OF THE RETIRED EMPLOYEES OF
PAKISTAN TELECOMMUNICATION COMPANY LIMITED
(PTCL) PAYABLE BY THE PAKISTAN TELECOMMUNICATION
EMPLOYEES TRUST.
The Senate Standing Committee on Information Technology and
Telecommunication in terms of Sub-Rule (1) of Rule 183 of the Rules of
Procedure and Conduct of Business in the Senate, 2012 constituted a Sub-
Committee in its meeting held on 13th March, 2019. The Composition and
Terms of the Reference (TORs) of the Sub-Committee are as under:
A. COMPOSITION:
1. Senator Engr. Rukhsa Na Zuberi
Convener
2. Senator Abdul Rehman Malik
Member
3. Senator Kalsoom Parveen
Member
B. TERMS OF REFERENCE:
1. Issue of payment of increase in pension of the retired employees of
Pakistan Telecommunication Company Limited (PTCL) payable by the
Pakistan Telecommunication Employees Trust (PTET).
C. PREAMBLE:
1. The Senate Committee of IT&T since 2010 came across flood of
written, verbal, print and electronic media complaints from pensioners for
noncompliance by the Pakistan Telecommunication Employees Trust;
responsible for the disbursement of pensions to the retired Pakistan
Telecommunication Employees.
2. The Trust was established under Act No. XVII OF 1996 chapter 7;
under this Act independent statutory organization "Pakistan
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Telecommunication Employees Trust" was established at the time of transfer of telecommunication services to private sector
3. From 1.1.1996 to 30.6.2005, pre privatization and from 1.7.2005 to 30.6.2010, post privatization, Pension obligations for all pensioners (Superannuated & VSS) were accrued as per defined pension principals of Government of Pakistan and paid accordingly.
4. After 15 years of past precedence from 1.1.1996 to 30.6.2010 for the first time from 1.7.2010; PTET introduced curtailed pension. This is less than GoP notified pension increase thus violating:
i. The provisions of Telecom Act 1996,
ii. Past precedence for 15 years (1.1.1996 to 30.6.2010)
iii. Ignoring GoP guarantee and PTCL Board Counter Guarantee.
5. This invited grievances from pensioners all over Pakistan through wide spread litigations.
6. The Sub Committee began its proceedings on March 25, 2019; held six sessions and concluded on May 28, 2019.
7. In every meeting the presentations raised more questions than it answered. So, after each meeting Sub-Committee developed questionnaires to get specific response.
8. The Sub-Committee required accurate and complete response to its questions; but most of the time these were evasive and at times misleading. This created an impression of poor competence, indifferent culture and lacked transparency.
9. Minutes of meeting of all these sessions, presentations and questionnaire are on record of the Committee.
D. FINDINGS:
1. TRUST Fund was basically created for superannuated pensioners and no other obligations. Examination of the TRUST performance from the inception of TRUST in 1996 until 2018
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i. 1996 to 2007 For twelve years the TRUST performed according to its mandate as per the Act. Till 2007 the TRUST collected required contributions from GOP & PTCL in a timely manner.
ii. 2008-2010 PTCL offered initial incentivized VSS 2008 to shed off its employees to curtail operating expenses. This adversely impacted TRUST funds as no of pensioners increased who had not earned full pension. VSS 2008 had cabinet support. The cost allocation of VSS 2008 was apportioned to GoP 82-83 % despite holding 74% shares (GoP 62% + Public 12%). PTCL was assigned around 17-18% cost share despite holding 26% shares by Etisalat.
iii. 2010 to 2018 From July 1, 2010, for the first time since it’s inception; TRUST introduced curtailed pension increase (lesser than GOP notified pension increase) violating
a. The provisions of Telecom Act 1996,
b. Past precedence for 15 years compliance 1.1.1996 to 30.6.2010
c. Ignoring GoP Guarantee.
These actions invited grievances from pensioners. The violation of Supreme Court Case Law exists as of today despite pensioners being successful in all Courts of Law (Securing the Case Law of 2015).
iv. From 1.7.2010 till to date Government of Pakistan directives are being over ruled by the Trustees. From 1.1.1996 to 30.6.2010, for fifteen years (15 years) PTCL pensioners were given pension and annual increase as per Government of Pakistan directive.
2. On 4th March 2013, Ministry of IT & T as per procedure requested legal opinion from Ministry of Law & Justice on following raised questions:
i. Whether PTET trust is only for transferred employees or for all employees of PTCL?
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ii. Are rights of transferred employees protected under the Act and shall continue till the continuance of the Company?
iii. Whether the increase in pension by the Federal Government is also allowed to the transferred employees of PTCL?
iv. Whether the Board of Trustees can make rules regarding administration of pensionary benefits or otherwise, giving opinion on "the management and conduct of business of the trust", as provided in section 44(9) of the Act?
{Ref: Ministry of IT & T vide its U.O. No 7-3/2011-Coord dated 4th March 2013}
3. On 11th March, 2013 Ministry of Law & Justice vide No F.170/2013-Law-I replied as under:
i. That the benefit from the trust shall be admissible to the transferred employees who were transferred to the Company on 1st January, 1996 whose terms and conditions of service were protected and guaranteed by the Federal Government.
ii. The issue is answered in the affirmative keeping in view the provisions of proviso of sub-section (2) of section 36 of Act XVII of 1996.
iii. The issue is answered in the affirmative because their terms and conditions have been guaranteed by the Federal Government.
iv. The terms and conditions of transferred employees have been guaranteed by the Federal Government and no rules in any way adversely affecting those guaranteed rights can be made. However, procedural rules can be made without in any way adversely affecting the protected rights.
4. On 13th of April 2013, Ministry of IT & T communicated the legal opinion from the Federal Government vide its memo No 7-3/2011-Coord dated 5th April, 2013 addressed to President/CEO PTCL, Chairman PTET and copies to the Registrar of Supreme Court of Pakistan and Registrars of all High Courts as under:
i. "It is stated that time to time increase in pension of Federal Govt. employees shall also be applicable in case of "transferred
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employees" of the PTCL as their terms and conditions have
been guaranteed by the Federal Government under the law in
force.
ii. As you are well aware that the service matters on terms and
conditions of transferred employees were under process since
long and various complaints were also made by the previous
government "transferred employees" of PTCL to the different
courts of Law as well as to this Ministry. It is further included
that the parliamentarians have also given instructions not to
frame any rule which is against the benefits of the "transferred
employees" of PTCL, therefore it is requested that all issues of
"transferred employees" may be settled."
After receiving clear directive from the Federal Government PTET was duty
bound to commence pension payments as per GOP announced rates and as
per pensioner’s entitlement. But PTET & PTCL continued to disregard and
even after Supreme Court final Judgment of 2015 (PLDT of 2016).
5. On 28.12.2018, again Ministry of IT&T wrote a letter to Ministry of
Law & Justice which conveyed expected financial impact of Rs.39.1 Billion
as of 30.6.2018 for disbursement of pension as per decision of Supreme
Court of Pakistan as evaluated by independent actuarial valuation.
6. PTET & PTCL have recently raised actuarial liabilities based on their
own managed rates which is stated to be Rs 39.1 Billion. This amount of
liability is not appearing in annual accounts. Moreover, this liability pertains
to whole life of pensioners which is estimated on average life span of 20
years post superannuation.
7. In case this figure is in line to the Judgement of Supreme Court of
Pakistan of 2015, this liability should have been part and parcel of PTET &
PTCL annual accounts.
8. Position of recovery from PTCL was checked and it appears besides
new calculated liabilities even old liability of Rs seven billion is yet to be
recovered.
9. The response of the TRUST on the issue has been:
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i. The TRUST will become bankrupt if payments are made according to GoP announced increase every year.
ii. Asked the Committee to facilitate in getting additional Funds from Government.
iii. The rules made by the Trustees allow for curtailment.
10. The Trust engaged in extensive & burdensome litigation with pensioners, Zakat & Tax authorities.
11. The cases of loss, mismanagement, poor performance, incompetence and collusion have come to light. There is need to review implementation done by functionaries and trustees. There is dire need to control all reported lapses.
E. TRUST WORKING UNDER THE INFLUENCE OF PTCL:
1. The TRUST consists of three full time employees of PTCL but the Manager who is Managing Director of the TRUST is also former PTCL employee. The following facts suggest the influence:
2. TRUST compromised collection from 2008 and continues. A deficit of Rs 7 Billion to be collected in the beginning of 2019 was still to be collected until last meeting of sub-committee
3. PTCL approved and submitted its annual accounts in January 2018,
4. TRUST submitted the draft of annual accounts to the committee in April 2019.
5. Meaning payments required to be made to the TRUST are not determined by the TRUST but will be taken as booked by PTCL. As per act the Actuary of the TRUST has to obtain payment from the Company of the accrued pension liabilities to be discharged by the Company; at the commencement of each financial year.
6. Amount of pending overdue pension differential denied from 2010 should have been booked in books of accounts.
7. From 2010 the pensioners have been denied increase in pension as per GoP notifications and continues to date. Curtailed rates of pension have reduced pension obligations to the benefit of PTCL at beneficiaries’ cost.
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8. The TRUST actions are benefitting the company at the cost of the Government of Pakistan and thousands of Pensioners who are beneficiaries of the TRUST assets.
9. The TRUST leased prime commercial building to PTCL/U Phone. This building is being sublet to multinationals at the present market rates. The TRUST has no knowledge of the financial impact to the trust. This building is labeled as U Phone Tower which has given immense commercial leverage to the mobile company over all its competitors without any gain to the TRUST assets.
F. BOOKS OF ACCOUNTS
1. During 2017-2018, an amount of Rs one billion for Zakat & Rs 2.2 Billion for Tax was belatedly booked in the annual accounts. It abruptly distorted the position of Fund. TRUST responded that legal case of Zakat was pursued for 15 years (2003-2017). It shows that the TRUST did not pursue case as per Law at different forums. Also, it lacked in preparation of annual accounts as per IFRS. These two different & separate functions demand substance, materiality and disclosure for transparency of Books of account. The TRUST should have acted in line with accounting procedures based on decisions of lower courts, instead booking whole expense, during one period after final verdict by Supreme Court of Pakistan. This expense of Rs 3.2 Billion on account of Zakat & Tax could have been avoided, had TRUST management/Trustees taken legal and financial actions timely.
2. Rs 77 Million on account of professional fee was booked as professional fee which included litigation, audit & tax fee. These are new items of expense which suddenly arose in TRUST annual accounts. This unprecedented expense requires making management to be accountable for double jeopardy. On one hand Funds were charged by Rs 3.2 billion and on the other, this expense of unusual nature of Rs 77 million was incurred with no benefit to TRUST.
3. Rs 408 Million loss incurred on investment, TRUST confirmed it as equity loss which needs investigation and fixing of responsibility (PTET Management & Board of Trustees). How and Why PTET was investing funds in stocks & incurring huge loss to beneficiaries’ assets, reflect lacking
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of competence on part of Board. There might be more similar un-detected mismanagement, losses, wastage etc., so there is urgency to review all such cases with due diligence to ensure safety, protection and control of Trust resources.
G. LITIGATION WITH PENSIONERS:
1. The pensioners filed petitions in all the High Courts and the judiciary gave verdict which reaffirmed pensioner’s rights as per the Act. Since then the TRUST has engaged in extensive & burdensome litigation with the pensioners.
2. The Federal Government ( Ministries of Law & Justice and IT&T) responded in affirmative on issue of payment of increase in pension in 2013 but the same was pending. Further, the matter was settled through writ petition No 21148 of 2012 filed by Mr. Muhammad Hanif & others requesting to declare impugned notification of PTET of framing PTET Rules 2012. The judgement announced by Mr. Justice Muhammad Sajid Mehmood Sethi of Lahore High Court on 4.03.2016 setting aside PTET Rules 2012:
3. The Islamabad High Court Bench headed by Chief Justice gave judgement in favor of pensioners as per GoP notified rates. Review petition of PTET & PTCL came in double bench of IHC which was dismissed by the Court and the original judgement was upheld. Similarly, petitions were filed by Entities in Supreme Court of Pakistan against IHC judgement which was heard by Three-member Bench headed by Chief Justice himself. The judgement came in favor of pensioners ordering PTET to pay pension increase at GoP notified rates. The review petition by PTET & PTCL against Supreme Court of Pakistan judgement was also dismissed and the judgement dated 12.6.2015 attained finality, having been published in PLDT Books-2016.
4. Their unceasing avoidance is seriously questionable being contrary to Case Law. PTET & PTCL implemented this decision partially for only 343 pensioners. Rest of pensioners are desperate and facing agony. Several petitioners have left for their final abode waiting implementation in their life but remained unpaid. This is a classic case of denying pension payments. Case Law Judgement of Supreme Court of Pakistan refers.
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5. The operative part of afore-said judgment 2015 SCMR 1472 that attained finality getting published in PLDT Book-2016, extract is reproduced. "That the respondents, who were the employees of T&T Department having retired after their transfer to the Corporation and the Company, will be entitled to the same pension as is announced by the Government of Pakistan and that the Board of Trustees of the Trust is bound to follow such announcement of the Government in respect of such employees."
6. The TRUST denied, fulfilling its long pending obligations to pay the pensioners their entitled dues as per the Act, GoP directives and Supreme Court final decision of 2015.
7. The TRUST filed review petition in the Supreme Court which was dismissed. The plea was that "the TRUST Board is authorized to implement any increase other than GOP notified rate of pension"
8. On order of Supreme Court Implementation bench, on contempt notice TRUST has paid partially to only 343 pensioners.
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H. VSS
1. In 2008 PTCL introduced VSS with the approval of the cabinet; Subsequent VSS were with out the approval of the Gop. Though the financial impact of VSS 2008 was wrongly apportioned:
i. GoP 82-83% despite holding of 74% GoP 62%+Public 12%
ii. PTCL 17-18% despite holding of 26%
2. In 2012 PTCL retired 5567 employees
3. In 2014 just after two years again 3100 employees joined the pensioner’s pool
4. Yet again, after two years in 2016 PTCL retired 1842 employees
5. The additional three VSS brought by PTCL burdened Trust Fund with all types of pensioner’s payment with no timely recoupment which appeared to be a case of bridge financing for PTCL.
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6. This adversely impacted TRUST funds. Further VSS packages were illegal and illogical and not brought to Government notice. The measures taken played havoc to the TRUST Funds
I. FUND
1. From 1.7.2010 new basis of actuarial valuation (curtailed rates) are being applied to date (except 343 pensioners). These rates are invalid and inconsistent for defined pension scheme.
2. TRUST Fund is for the interests of beneficiaries but it has been illegally curtailed in defiance to Telecom Act, 1996 & Case Law of 2015 of Supreme Court of Pakistan
3. This curtailment has resulted in curbing pension obligations to benefit PTCL at beneficiary’s cost.
4. On 30.6.2007, the fair value of assets was Rs.45.158 Billion which exceeded the defined benefit obligations of Rs.36.529 Billion with a surplus of Rs.8.629 Billion.
5. Though under-stated, yet fair value of TRUST assets as of 31.12.2018 is Rs.109 Billion against present value of pension obligations of Rs.116 Billion. That means that a deficit of Rs.7 Billion is still to be recovered by the TRUST from PTCL.
6. The amount required to be collected by the TRUST from PTCL at the very start of 2019 remains unrecovered; causing recurring loss to the TRUST and beneficiaries.
7. An amount of Rs 3.2 Billion was booked in 2017-2018 for Zakat & Tax which pertains to 2003-2017; for 15 years. As a result, it abruptly distorted the position of fund.
8. An amount of 77 million on account of professional/litigation fee was booked in annual account. This is a new item, pensioner’s money being spent against them.
9. TRUST invested Rs 408 Million in STOCKS which is now booked as EQUITY loss
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J. SERIOUS ANOMALY
1. Beneficiaries (the pensioners) are praying to the Justice system for restoring their legal rights as per the Act. The TRUST is defending its wrong doings by the beneficiaries money and that too in the name of the Federation of Pakistan.
2. Defiance to law goes on from 2010; leaving only option to go to the courts resulting in enormous increase of burden to the judicial system.
3. Such violations need to be redressed in real time.
4. VSS of 2008 was approved by the Cabinet. The subsequent VSS’s of 2010, 2012, 2014 and 2016 were not approved by the Cabinet.
5. NTC was also established under this Act. All their pensioners are getting raise as per Government announced rates.
6. NTC has also not given any VSS to the pensioners
K. DIRECTIVES TO BE IMPLEMENTED
1. PTET to disburse all entitled pensioners their pension increases out of available PTET funds which are more than Rs.109 Billion as of 31.12.2018 within a maximum period of two months as per
i. GOP notified rate of increases from 2010 to date in accordance with the Act, the Federal Govt response i.e Ministries of Law & Justice and Information Technology & Telecom and
ii. PLDT 2016 Judgement of Supreme Court of Pakistan Implementing for disbursement of Government notified pension increases from 2010 to date to all pensioners
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2. Recovering all pending collection of annual contributions from PTCL on time as per Act
3. Initiating of bold steps by MOIT&T for revamping PTET for assuming full authority, ensuring complete responsibility and being thoroughly accountable to Trustees. MOIT&T to consider:
i. From amongst the three trustee’s government to appoint two trustees from amongst retired high officials. Preferably from those who exemplary led the TRUST from 1996 to 2007. As during this time all the beneficiaries were dealt with as per law. Most importantly the trust assets were efficiently managed...much higher than the pension obligations.
ii. Having all the three GOP Trustees from amongst the Ministry officials is putting cumbersome load on them which is in addition to their regular duties. While the PTCL trustees have all their large corporate resources on their side.
iii. This imbalance restricts Performance of Trust as an independent legal entity with prime focus on the protection of beneficiary’s rights and interests.
iv. MoIT&T to initiate all financial & administrative steps
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4. Investigation to fix responsibility (PTET Management & Board of Trustees). How and Why PTET was investing funds in stocks & incurred huge loss of Rs 408 Million to beneficiaries’ assets. TRUST confirmed it as equity loss.
5. The agreements between the PTCL, Ufone and other tenants be produced before the Trust. All the rental lease agreements of Trust properties to be signed directly by the trust and the lessee.
6. Ufone Tower located in Blue Area Islamabad is the property of PTET but being used by Ufone on rent. The original name as "PTET Tower" has been erased and renamed as Ufone Tower which needs to be restored to original position. The relationship of Owner and Tenant should be clear in legal and administrative manner.
7. Allocation of adequate space to pensioners in both PTET buildings 1) PTET Tower and 2) Telehouse for official purposes along with restoration of original names of property owner.
8. An implementation committee of 5 Members under Secretary/Add Secretary MoIT&T Convenorship be constituted, Manager & Actuary of PTET, Pensioners representative and an independent person of repute in legal matters as its members to oversee implementation of directives. Term of reference of this committee is to comply all the directives of Senate Standing Committee. Giving Top Priority to the disbursement of all legal dues to each pensioner as per the act which is reflected in the decisions of higher judiciary. Composition of this Committee to be communicated to the Senate Standing Committee.
9. There might be more similar un-detected mismanagement, losses, wastage etc., so there is urgency to review all such cases with due diligence to ensure safety, protection and control of Trust resources.
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