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Members
Mr. Nazir Ahmed Shaheen, FCMA
Mr. Anwar ul Haq, FCMA
Mr. Mohammad Iqbal Ghori, FCMA
Mr. Naeem Haider, FCMA
Mr. Muhammad Imran Afzal, FCMA
Mr. Muhammad Yasin, FCMA
Mr. Saqib Masood, ACMA
Mr. Kamran Mahmood Butt, ACMA
Mr. Faisal Mobin, ACMA
Email: rp@icmap.com.pk
URL: www.icmap.com.pk
Volume : 23.3 l May-June, 2014
MANAGEMENT
ACCOUNTANT
Official Journal of Institute of Cost and Management Accountants of Pakistan
The only Professional Journal in Pakistan with a circulation of over 10,500 copies per issue
issue
6 Meritorious Article 43
An Exclusive Interview with
Engr. M. A. Jabbar
Former Chairman, SITE Association
of Industry; Former Vice President,
Articles Section
— First Appellate Forum Under Some Fiscal Laws, by Qaisar Mufti, FCMA 48
35
Updates
– Economic Horizon - SBP’s Monetary Policy 55
Disclaimer: Views expressed herein are author’s own thoughts/viewpoint and do not represent
ICMA Pakistan policy unless so stated. Publication of paid advertising
and new product/service information does not constitute an endorsement by the ICMA Pakistan.
It gives me great pleasure to present the May-June 2014 Issue of the 'Management Accountant', which is on the
theme of 'Building of Talent Reservoirs' .
The objective of 'Talent Reservoir' is to build a high talent pool of people who are capable of supporting an
organization's current and future business requirements. Talent Reservoir refers to a talent management process
that helps in identifying the competencies required by any organization as well as risk management and organization
deficiencies. It integrates all components of talent management viz. selection; competency and performance
evaluation; coaching and staff development; and succession planning.
Talent management, in present global business environment, has assumed much significance, in view of the fact that
success in international business depends greatly on the quality of top executive talent and how effectively this
critical resource is developed and managed. Today almost all business entities use the management tools to make
the best use of the skills, knowledge and competencies of its staff and to implement corporate and business
strategies, missions and goals of the organization.
It is a fact that a substantial proportion of employers around the globe are finding it difficult to get the skilled talent
for their organization and this is substantiated by different surveys. These surveys identify that by far the most
commonly used approach used by organization to address the talent shortages is to offer training and development
to their existing employees.
The Pakistani companies should also focus on this approach to arrest the increasing trend of brain drain or human
capital flight from the country and bring back the professional talent who have migrated overseas for better
prospects and opportunities. The government should also ensure merit-oriented culture in the society and provide
employment to the deserving candidates that suits their qualification. It should also devise plans and strategies to
utilize the accumulated expertise of Pakistani diaspora overseas for the economic development of the country.
Zia-ul-Mustafa, FCMA
This current issue of the Journal on the theme of 'Building of Talent Reservoirs' highlights the significant role of
talent management in the corporate business. This topic has been selected to give our members an opportunity to
share their insights and experiences on the Human Resource (HR) aspect of the business - which is an integral
component of performance management and evaluation.
The Focus section begins with an interesting write-up by the Research & Publications Department on professional
talent migration from Pakistan. This paper assesses the trend of migration of Pakistani professionals, especially
accountants, to markets in the Gulf & Middle East as well as in Europe and USA. I hope that the readers will find this
research paper quite beneficial and informative.
In other articles included in the focus section, the writers, all of whom are qualified members of the Institute, have
covered various aspects of talent management such as best practices for building talent management; role of Board
of Directors in creating talent management reservoir; talent management in accounting profession; talent
development process; use of education endowment funds for talented people; ICMA Pakistan as a talent reservoir;
and role of ICMA Pakistan in building talent reservoirs.
In the Meritorious Article Section, we have selected an Article titled 'Ensuring Ethical Effectiveness" written by
Randy Myers and judged as one of the 'Articles of Merit' by the PAIB Committee of IFAC. This paper dilates upon the
requirement for disclosures by corporate firms under the Sarbanes-Oxley Act
The ‘Articles Section' includes a very comprehensive article contributed by our senior member, Mr. Qaisar Mufti, on
the "First Appellate Forum" under some Fiscal Laws. The Update section covers a summary of monetary policy
decision announced by the State Bank of Pakistan on 17th May 2014.
Please enjoy reading and do share with us your comments on how to make the Journal more informative.
What has been done so far to create mass training programme with the objective to create awareness
with regard to WTO's requirements on Intellectual Property
awareness on WTO and what are future plans in
Rights and Industrial Standards. These two organisations
this regard? would be inter-acting mostly with the Export Promotion
Before, I comment on this question I would like to recall the Bureau, but as the Trade Related Intellectual Property Rights
observations made in this regard by Mr. Razzak Dawood, (TRIPS) is a matter of serious concern to FPCCI, it is ready to
former Minister for Commerce and Industry who observed extend all assistance to the implementation of their training
that “In Pakistan, the business community knows very little programme.
about the WTO and its impact on the country's economy.
Moreover the government functionaries also need
How is Pakistan positioned to face WTO's
understanding of the issues for creating room in the policy impact on the country's textile sector?
matters to recommend adjustments in the business No doubt the most glaring strength of Pakistan is its textile
governance laws. Thus, they can inform the business industry. Being 46 per cent of the total manufacturing sector,
community to face the challenges of WTO and prepare them having 38 per cent share in the manufacturing's employment
to bid for sharing the promises of opportunities created by generation and 67 per cent share of the total exports, the
emerging trends in world business”. As I see it, the textile industry stands strong and has the potential to survive
observations made by Mr. Razzak Dawood are still there to be and grow in the free trade area. In recent years there has been
considered and handled with regard to creating awareness increased investment in terms of balancing, modernisation,
among all stakeholders to face theWTO regime. Primarily it is capacity enhancement and quality up-gradation in this sector
the responsibility of the government to create awareness enabling it to compete under free market conditions, provided
among all stakeholders by informing them, educating them there is a level playing field. The overall export analysis shows
and advising them on how to face the impact ofWTO regime on that the export earnings of Pakistan depend on cross border
country economy. The productive utility of the responsibility is movement of textile and clothing. The major exports in quota
through public private partnership in which Government is countries include European Union and the USA. Now Pakistan
spending resources on the advice of private sector seated on has to face competition in price and quality for keeping its
the driving seat of the engine of economic growth. share of textile clothing to quota countries which have lifted
Unfortunately this has not been done in just and proper the restrictions of quota from January 2005.
manner. The WTO awareness programme got a kick start with
a monetary grant from the British government who later In this context the World Bank has reported that Pakistan has
decided to discontinue it following the military takeover in some internal weaknesses and that Pakistan may not be able
October 1999. However in response to FPCCI's request, the to compete in quota free regime unless necessary steps are
British government restored the grant with the objective of taken towards increasing productivity of textile and clothing
providing understanding of the complexities of WTO sector alongwith reducing cost of production and
agreements and the knowledge required for asking the rationalization of tariff. The same report also places Pakistan
government to prepare business governance laws in at 63 per cent below production level against China in areas of
conformity with international trading laws outsourced by the textile and clothing manufacturing. The report also pointed out
WTO agreements. The first seminar with regard to WTO was that the raise in production level in close proximity of China can
held in the last quarter of 1999 when some specific options add one billion US dollars earnings in exports. According to the
were identified for consideration of the government of World Bank's report Pakistan may face timely setbacks in
Pakistan and the Central Board of Revenue. Very recently on exports of clothing but will retain its share in textiles. However
the instructions of the Commerce Minister a mass awareness the changes indicated by the World Bank can be possible only
campaign has been launched to educate all stake holders, after creating appropriate atmosphere which could be
including manufacturers and exporters about the rules of the achieved by making immediate moves to increase the
multilateral trade regime. The government also intends to hold productivity of the textile and clothing sector and by reducing
talk shows and discussions, seminars and workshops to the cost of infrastructure including the cost of production and
educate the people about the WTO agreements. It may be proper adjustment of tariff regulations. Moreover the
mentioned here that the WTO agreements mostly deal with government needs to introduce a policy and regulatory
agriculture, health regulations for farm products, textiles and framework for strengthening the private sector's capacity to
clothing, product standards, investment measures, anti- deal with rapid changes and growing competition for capturing
dumping measures, safeguards, customs evaluation methods, the trade opportunities that are being created through
pre-shipment inspection, import licensing, subsidies and improved market access.
countervailing measures, movement on natural persons, air
transport, financial services, shipping and the tele- What is the state of Pakistan's readiness and
communications etc including but not limited to. preparedness to face the advent of WTO
regime?
The United Nations Conference on Trade and
Development (UNCTAD) and the International Our readiness to face the WTO regime can be measured in
terms of our compliance of TRIPS and TRIMS in which field we
Trade Centre (ITC) are reported to have are still non-committal and look forward to a policy of seeking
extended assistance to Pakistan to meet WTO extensions and evasions.
requirements. How does FPCCI view this offer? Here it may be pointed out that implementation of Trade
The UNCTAD and the ITC have joined hands to provide Related Intellectual Property Right (TRIPS) are important for
technical assistance to the developing countries including and in developed countries. Implementation of Trade Related
Pakistan to enable them comply with the WTO's trade related Intellectual Property Rights (RIPS) in developing countries is
requirements. The UNCTAD-ITC are reported to have drawn up also very important for having congenial and mutually
Management Accountant, May-June, 2014 | 7
Interview Section
acceptable trade relations with the developed countries. sugar and wheat. The potential in agriculture continues to exist
However in Pakistan the TRIPS laws are split amongst different as the agriculture produce is not fully routed to agro based
ministries such as the Ministry of Commerce, Ministry of industries which have to be given incentives so that Pakistan
Industries, Ministry of Education and the Ministry of Science can take the share during the period when the developed
and Technology. In 2001 a single umbrella for handling TRIPS countries start dismantling subsidies on agriculture which
was announced in the Trade Policy. It was known as the they are now promising. On the products other than textile and
Pakistan Intellectual Property Rights Organization (PIPRO). It clothing, the continuity and progress of export figures will
was again announced in the subsequent trade policies depend on meeting the requirements under N.T.B.s as allowed
including of 2003-04. The private sector still has not seen the by the WTO to be applied by individual member countries.
draft legislation of the PIPRO. It is time that one umbrella is
As regards other items, exceptions apart, all our traditional
created by pooling officers from all the concerned ministries,
export products leather, sports goods, surgical instruments,
with academia, researchers and businessmen who, together
fish, fruits, vegetables etc. fetch low prices abroad. What is
can promote trade and business interests, while protecting
needed is the up-gradation in the existing industrial base and a
consumers and complying with international obligations.
shift in the future investment pattern with or without the
The Trade Related Investment Measures (TRIMS) affect the involvement of government to produce diversified range of
automobile industry already protected by tariffs and nontariff sophisticated products of international standards. In the
barriers by restricting the import of second hand automobiles. services sector Pakistan has to consider proper policy to
It is time to liberalise the import of raw materials at the lowest balance the interests of local and foreigners encouraging both
rate of duty, against higher slabs for import of finished goods. to invest resources for capital development and employment
Steel, plastic paper and chemicals are raw materials which generation.
need to be imported at the minimum possible tariffs without
any discrimination between category of importers. What about the role of National Tariff
Pakistan's import oriented industries fear the WTO most. WTO
Commission?
envisages that the deletion programmes for automobiles, The National Tariff Commission requires complete
electronics, electrical products and engineering items will be restructuring so that it becomes capable of taking measures
phased out within five years from the date of the enforcement for the imposition of Anti-Dumping, Countervailing and
of the agreement, with the provision that transition could be Safeguard measures to protect the domestic industry.
extended in case of difficulties in eliminating Trade Related
Investment Measures. The TRIMS when fully enforced would The National Tariff Commission should be made an
impact on deletion policy and local content requirements in autonomous body headed by a chairman from the judiciary and
automobile industry. Mention may be made here of some should have private sector professionals conversant with cost
concerns. The vendor industry urges for supportive structure of produced goods, particularly in view of the need to
government policy for automobile industry, as it has generated evaluate industry performance as well as the need for legal and
tremendous supporting vendors who are generating million of other services accompanying anti-dumping procedures. The
jobs to the local population. Whatever is being produced by this FPCCI has also suggested to create a buffer body to carry out
industry is for automobiles. Our industry is not of the standard research and development and advise the small industries on
of even developing countries like India. The government must how to file applications for anti dumping measures on
therefore continue the supportive policy for auto industry to imported goods against which their survival becomes
help it in becoming a engineering base for diversification. questionable. The Cost and Management Accountants with
their professional knowledge and experience can be of great
In areas of compliance on technical regulations, sanitary help in setting up such advisory bodies which can take care of
measures, non-tariff measures, and matters related to national interest which if harmed would add to unemployment.
environment and social compliance we are still short of Unfortunately the idea has been accepted but not yet
constitutional inputs as to what are the requirements in implemented.
importing countries for welcoming sale of merchandise. These
agreements may not be mandatory provisions of WTO but all Overall, what is FPCCI's role in facilitating
the member countries are allowed to treat national standards Pakistan's successful handling of WTO's advent
for sale of imported merchandise. In these areas the loud voice
is now for correcting the situation. It should be noted here that
and further preparations for tackling emerging
while new forms of barriers like the anti-dumping duties, markets in the new world trade order?
countervailing, social, labour and security issues will play an
FPCCI has been actively participating in trade policy proposals
important role by the beginning of 2005, the developed
by sending recommendations and also pressing for the
countries would be lobbying for support of their interests in the
implementation of trade policy measures to add to the state of
WTO.
readiness and preparedness to face the effects of globalization
of trade. FPCCI have been constantly making positive
What is Pakistan's state of readiness to face the
suggestions and ideas in this regard, These include:
WTO regime in other sectors such as agriculture
and industries such as leather, carpet and other – The government of Pakistan and parliamentarians must
link with the WTO Mission in Geneva for consultations to
goods? reply in the affirmative or negative on the issues in which
The Agriculture of Pakistan has been having pendulum swing consensus is to be given as it would effect the trade and
from import and export of the same commodities such as industry of the country.
– Since the multilateral agreements mandated by the Doha – A facilitation Centre be established in FPCCI or EPB
Development Agenda are progressing at not very high employing professionals to advise SMEs manufacturing
pace, it gives Pakistan time to accelerate signing re-gional sector to establish their case seeking Anti-Dumping duty
trade agreements and to activate regional cooperation imposition through NTC. The facilitation center is proposed
agreements including BLTAS & FTAs. to be funded from EDF or EMDF or from other funds under
arrangement by the Ministry of Commerce so that practical
– The Ministry of Commerce must research on how to shift steps can be taken to help SME sector. Alternatively an
exports to other destinations by considering the new advisory Body needs to be established in order to help
configuration of EU. identify industrial sectors and determine when to invoke
and apply relevant laws relating to Safeguards and Anti-
– Our missions in foreign countries must be activated to
Dumping and Countervailing actions.
anticipate antidumping measures on the import of
Pakistani goods so that the time gap before the imposition – Consolidate information, raise awareness and provide
of Antidumping duties could be utilized to seek deferment professional advice of a practical nature to all stakeholders
and lobby for its anti measures. (private sector, government and civil society) addressing
key issues relating to Pakistan's obligations under
– In order to face the challenges of TBTs and NTB's the
GATT/WTO legal provisions. This should focus on strategic
government of Pakistan should secure information on the
questions such as cross retaliation that could target
standards that are demanded by importing countries in
Pakistan's textile sector, e.g. owing to violation of disciplines
existing and in likely to be come emerging markets.
in different for altogether.
– The government of Pakistan be urged to amend policies for
– Explore a more active stance for Pakistan as a plaintiff
the manufacturing of engineering goods to offset the
rather than respondent in the application of Anti-Dumping
effects of a termination of the TRIMS grace period.
Duties.
– The ministry of Commerce should take stance, in
– Broaden participation in formulation and implementation of
multilateral negotiations through developing consensus
WTO initiatives protected by Trade Policy, beginning with
with similar economies on rules seeking concessions of
wider stakeholder representation within Pakistan's
grace period on the basis of the actual level of progress. The
delegations to the WTO's Conferences, ministerial, mini and
rules must be based not on the claim of being a developing
of other levels in Geneva and elsewhere for interaction of
country when it is the least developed country in actual
private sector with counterparts for better gathering of the
statistics of the economy.
informations. This will help in taking positions on the basis
– Legal defence before a dispute settlement body is an area of of like economies and on the basis of similar pattern and
vital concern. We should therefore have a body of level of development.
professionals who can defend cases of antidumping for the
– Rationalize the use of Trade Remedies, bearing in mind that
country in a dispute settlement body.
Safeguards and Countervailing Duties may be the
– The country has internal weaknesses such as the high cost instruments of choice for influencing issues relating to
of doing business, lack of strong infrastructure, high energy national interest, while Anti-Dumping Duties may be more
charges, inadequacy of water supply for industrial areas and appropriate for targeted action within given industries.
multiple laws for the same purpose such as the labour levy
– Prepare Pakistan's negotiation positions well in advance of
related laws which add to the cost of doing business,
the WTO's Ministerial and other level Conferences through
adversely affecting competitiveness. These matters have
an immediate and wide consultation process.
to be rectified.
– Define Pakistan's position through the commissioning of
– The local industry has long demanded that import of
timely studies focused on export performance and
machinery and capital goods be zero based at the time of
evaluation of economic and employment related impacts in
import so that the cost of the project and servicing of the
trade and industrial sectors, particularly as regards
mark ups are manageable, for better feasibility of the
opportunities and risks from:
project, as a sustainable and profitable project. The issue
needs to be addressed. (a) China's accession to the WTO
– Prepare a list of vulnerable items where application of Trade (b) Enlargement of the EU
Remedy laws may be expected, based on natural
production cycles of key industries in Pakistan. (c) Increasing cooperation within NAFTA
– Form, at the level of Export Promotion Bureau and (d) Proliferation of Regional Trade Agreements
Federation of Pakistan Chambers of Commerce & Industry,
a Trade Remedies Action Committee, addressing issues of a (e) FTAs, PTAs, BLTAs and other economic cooperation
practical nature - e.g. list of lawyers by areas of agreements
specialization, legislation and practices of Pakistan's key The interview ended with a vote of thanks to Engr. M. A. Jabbar,
trading partners and other imports sources being complaint Former Vice President, Federation of Pakistan Chambers of Commerce
of dumping by domestic industry (e.g. domestic Anti- and Industry (FPCCI) , who spared his valuable time and gave his candid
Dumping legislation and practices of the EU, Japan, USA, 10 views exclusively for this journal. – Editor
major trading partners and China and others).
An Assessment of Professional
Talent Migration from Pakistan
A Research Paper produced by the 'Research & Publications Department' ICMA Pakistan
Preamble with massive and permanent emigration of highly qualified
and talented professionals from developing countries to
'Talent migration' or 'brain drain' is a global phenomenon advanced nations. This phenomenon had an adverse impact
whereby mostly developing and poor countries lose their on economic growth and development of these countries.
educated, technically and professionally skilled and talented
workforce, who prefer to be employed in the rich and According to the World Bank, 'brain drain population' are
advanced countries for better job and career prospects, those who are 25 years old and above, hold a tertiary-level
better salary and for improving their living and working degree and do not currently reside in their country of birth.
conditions. Brain drain or emigration of skilled workers has The United Nations (UN), defines 'brain drain' as a 'one way
become the dominant pattern of international migration movement of highly skilled people from developing countries
now-a-days, in the context of globalization, expansion of to the developed countries that only benefits the
knowledge economy and ageing population in rich countries. industrialized countries'.
Brain drain is, sometimes, also termed as 'human capital Brain drain or human flight capital has been defined by the
flight' as it resembles international transfer of resources in economists, intellectuals and writers in different ways but
the form of human capital. the meaning of all of them are almost similar. Some of these
In this Research Paper, we have made a detailed assessment definitions are:
of migration or brain drain of professional talent from a) Brain drain is the departure or emigration of individuals
Pakistan, supported by data and statistics from with technical skills or knowledge from organization,
independent sources. This Paper is broadly classified under industries and geographical regions.
the following heads:
a) Definition and origin of term 'Brain Drain' The developed countries, including USA are
b) Benefits and Losses of Talent Migration experiencing low birth rates and an ageing
c) Why talented professionals migrate? population (workforce), which is compelling them
d) Recent trends in international migration to look towards the emerging and developing
e) UAE most popular migration place for markets for their requirement of skilled workforce
Professionals Linkedin Study
and talented professionals.
f) Statistics of Professional Talent Outflow
from Pakistan
b) Brian drain is the departure of highly educated people
g) Increasing migration trend of Pakistani Accountants from one profession, geographic region, or nation to
h) UAE is the top destination for Management another.
Accountants c) Brain drain is the migration of engineers, physicians,
i) Pakistan ranks 2nd in Global Index of Support for scientists, entrepreneurs and other highly skilled
Immigration professionals with university-level education and
training.
j) Students Emigration A Great loss of Talent for Pakistan
d) Brain drain is the movement of highly skilled individuals,
k) How to achieve reverse brain drain? some referred to as knowledge workers, from their home
recommendations countries to countries that offer them greater
opportunities in their area of specialty as well as in
Definition and origin of term 'Brain Drain'
terms of living conditions and life styles.
The term 'brain drain' originated in the 1960s when a good
e) Human flight capital means flow of human capital out
number of British professionals (i.e. scientists, researchers
of a country, particularly skilled individuals and tertiary
and intellectuals) emigrated to the United States for better
graduates.
working environment. This pattern followed during 1970s
10 | Management Accountant, May-June, 2014
Focus Section
Benefits and Losses of Talent Migration Research also suggests that there is a global and macro-
perspective of massive movement of talented professionals
Talent migration or international movement of skilled to the advanced countries, especially to the USA. A major
workers and professionals brings a number of benefits and segment of business entities today operate in the global
losses for both the home country and the country of market place and they continuously need highly qualified
destination. professional managers and talented workforce, who are not
only well updated with the industry but also know the global
Benefits of Migration
implications of their decisions. The developed countries,
a) Migration of professionals and talented workforce including USA are experiencing low birth rates and an ageing
contributes positively towards social and economic population (workforce), which is compelling them to look
growth both in the countries of origin and the countries towards the emerging and developing markets for their
of destination. requirement of skilled workforce and talented professionals.
b) Migration of skilled and unskilled workforce reduces That is why; USA is now the top most destinations for all the
poverty and unemployment in home country and international migrants, especially from the developing
expands access to talented and skilled labour force in countries.
the host country. The 15th Annual Global CEO Survey, conducted by the
c) Emigration of skilled people strengthens the PricewaterhouseCoopers (PWC) in 2012, revealed that
knowledge-based economy. The returning emigrants CEOs are finding it difficult to get the right talent they need
bring back experience and knowledge and act as to meet business demands and future prospects for the US
'knowledge brokers' who facilitates in technology economy are unlikely to improve without a long-term
transfer, skills development and knowledge exchange. solution to existing talent shortages. This survey which
interviewed 1258 CEOs in 60 countries, with 160 CEOs in
d) Migrants play the role of 'development agents' by linking USA, further reports that CEOs are looking for business
the origin country with the host or destination country growth in developing markets like Brazil, India and China by
for achieving economic growth and
development. The highest remittances of US$ 4.12 billion during
e) Emigrants help their home country by
FY 2012-2013 were received from Saudi Arabia,
sending back remittances and making
investments in viable development which is one of the top most destinations for
projects.
professionals and workers from Pakistan.
Losses of Migration
a) Migration of professionals and skilled workers is a utilizing the home-growth talent base in these markets.
matter of concern for the developing and emerging The PWC survey concludes that during the past decade,
countries. International migration, as a result of global movement of talent has increased by 25 percent and
globalization, has contributed to growing inequality by 2020 this talent migration shall grow by another fifty
across countries as human capital is becoming scare percent.
where it is already scarce; and becoming more
abundant where it is already abundant. Recent trends in international migration
b) Departure of professionals and workers overseas According to the United Nations (UN), in 2013, around 232
results in less tax revenue, loss of potential million people or 3.2 percent of the world's population are
entrepreneurs and shortage of key workers in the international migrants, as compared with 175 million
developing countries. emigrants in 2000 and 154 million in 1990. This indicates
the growing trend in international migration. Other
c) The reduction in human capital stock as a result of important observations made by the United Nations in its
emigration of professionals slows down the economic released data are highlighted below:
progress in the host country.
o USA remains the most popular destination for
Why talented professionals migrate? emigrants from the developing countries.
According to a research study, talent migration is directly o International migration from the Asian countries has
proportional to the earning differential which means that increased substantially during the past decade. In 2013,
more talented professionals will tend to migrate, in case Asians were the largest group with about 19 million
there is reduction in their rate of return due to domestic tax migrants living in Europe; 16 million in North America
and incomes policy. Secondly, talent migration also takes and 3 million in Oceania.
place when the state of affairs does not let the people to use
o Migrants from the Latin American and Caribbean
their brain to best of their ability. Others reasons may be lack
countries were the second largest diaspora group with
of opportunities; economic depression, law and order
26 million of them living in the North America.
situation etc.
Table 5: CMAs working Overseas world centre for accounting and finance training and an
educational hub for the ASEAN region.
No Country of Total Number
Destination of CMAs UAE is the top destination for Management
1 U.A.E. 234 Accountants
2 Saudi Arabia 191
Around 17 percent of CMAs qualified from ICMA Pakistan
3 Canada 109
have migrated to different countries for seeking better job
4 United Kingdom 67 prospects. Table-5 shows the list of major countries and
5 Australia 51 the number of CMAs working in these countries. UAE is the
6. U.S.A 28 top destination of CMAs, followed by Saudi Arabia and
7. Oman 24 Canada at second and third top destinations, respectively.
8. Qatar 16
9. Afghanistan 15 Pakistan ranks 2nd in Global Index of
10. Other countries 82 Support for Immigration
Total 817
The WIN-Gallup International conducted a global survey,
(Source: Membership Department - ICMA Pakistan)
covering 59 countries having more than 74% of world's
2013, respectively. Table-4 shows the number of population, with regard to seeking opinion as to whether
professionals, including accountants registered with the immigration across borders is a good or bad thing. The
Bureau for overseas employment. It is quite clear from the results of this global poll have been released in shape of
table that in the professional category, accountants are in "Global Index of Support for Immigration 2012" which
second position after engineers who are migrating to concludes that 34 percent support immigration whereas 38
overseas countries for employment. percent are against immigration. (Note: the 'Immigration
Index' represents the percentage of the population in a
The above increasing migration trend of accountants is not country which feels positively towards Immigration minus
unique for Pakistan. Even in United Kingdom, professionals, those who feel negatively about immigration).
especially qualified accountants are migrating overseas
which is causing concern for the governments. According to The Pakistani nation has been ranked second in the
recent OECD statistics, around 1.3 Britons with university Global Index with + 41 net score, after Nigeria (top
level education are living abroad that will add to the skill position with + 65 net score) which support immigration.
shortage issue in United Kingdom. A recent research carried Quite surprisingly, the Indian nation with -20 net score is
out by the Association of Professional Staffing Companies among those countries which oppose immigration.
(APSCo), also indicates that the United Kingdom
will be facing a shortfall of 10,200 qualified More accountants are now moving outside the
accountants by 2050 due to skills shortages, an country for seeking employment and this number is
ageing workforce and restrictive migration
policy. The research reports a 7.5% increase in increasing gradually. In 2009, total 1,248
accounting and finance placement in the last accountants emigrated which increased to 1,802 in
quarter of FY 2013 as against last year during
same period. In addition, there was a 15% year-
2011; 2,593 in 2012 and 3,473 in 2013.
on-year increase in UK finance and accounting
vacancies advertised during July and August According to the experts, increase in brain drain from
2013. Pakistan has reached alarming proportion and the country
The Malaysian government is also facing similar situation has lost its capability to absorb thousands of doctors,
with their best talents leaving abroad after getting engineers, accountants, IT experts and other professionals
education in the home country. The number of emigrants and technicians that enter the job market every year.
from Malaysia has tripled in the last two decades and the Resultantly, most of them have either left the country or are
World Bank estimates that two out of every ten Malaysian aspiring to leave the country. The situation is reverse in
with tertiary education migrates to other countries. To bring India.
the talent back and ensure a skill pool, necessary to achieve
Students Emigration – A Great loss of Talent
its economic agenda of becoming a high income nation by
2020, the Malaysian government has established an for Pakistan
agency by the name of 'TalentCorp Malaysia'. Mobility of students is also referred to as skilled migration. It
(http://www.talentcorp.com.my). Recently, an MoU has is a fact that Pakistan is one of the leading sources of foreign
been signed between ICAEW and the Sunway-TES, one of students in USA, Europe, Australia and new emerging higher
Malaysia's leading international universities, to set up a education destinations in Asia. United Kingdom and
Regional Centre for accountancy training. The Centre will Australia are the top two destinations in OECD countries for
aim to attract the best talent from the ASEAN countries Pakistani migrating students, despite the fact that visa
and China to Malaysia. This would help Malaysia to become a rejection rates for Pakistanis are higher than students from
Table 6: International Students from Pakistan in OECD Countries the economic development of
the country. Taiwan experienced
No Five main destinations 2004 2005 2006 2007 2008 2009
a loss of more than 80 percent of
1 United Kingdom 4,378 6,547 7,940 9,307 9,303 9,609 its students who completed
2 United States 7,325 6,576 5,963 5,520 5,351 5,211 their graduate degree in USA.
3 Australia 1,100 1,295 1,539 2,090 2,482 2,844 The Chinese government took a
4 Sweden 4 3 20 62 1,303 2,420 number of steps to increase
5 Canada 889 - 1,161 996 1,342 1,439 return migration of its students.
In this connection, it set up a
Total 14,294 15,126 17,484 19,115 22,517 24,800
cabinet-level government
(Source: Connecting with Emigrants: A Global Profile of Diasporas - OECD 2012)
agency namely "National Youth
Commission (NYC) to recruit
How to achieve reverse brain drain? Some Taiwan's scholars abroad and carry out related programs.
recommendations The official policy of Taiwan consists of two sections i.e. (1)
improving and strengthening institutions of higher learning
a) Providing lucrative package of Incentives to
at home and (2) encouraging Taiwan's brain in the USA to
Pakistani emigrants remigrate and/ or contribute their talents and knowledge to
There is no shortage of talent in Pakistan but unfortunately Taiwan's national development.
due to wrong policies of the government and the
macro-economic conditions in the country,
they are migrating to other countries. The
The government should encourage the overseas
government should, therefore take immediate Pakistani professionals, through the Pakistani
measures to arrest the increasing trend of Missions abroad, to form 'Diaspora Knowledge
migration of Pakistani professionals like
accountants, doctors, engineers, economists, Network (DKN)' as being done by emigrants from
technicians, IT experts etc by providing them countries like India, China, Korea, Taiwan, Vietnam,
lucrative package of incentives so as to engage
them in the national growth and economic Turkey and Bangladesh.
development. No doubt, the country earns
valuable foreign exchange in shape of
remittances as a result of brain drain, but on the other hand, References
we are also losing huge amounts in shape of fee to foreign a) Migration statistics of Pakistan by The Bureau of Emigration &
experts and consultants, due to lack of our own experts and Overseas Employment, Ministry of Overseas Pakistanis &
consultants which migrate to other countries for better Human Resource Development (OP & HRD), Government of
prospects. If proper infrastructure is provided to the Pakistan.
Pakistani emigrants, the country could earn manifold than b) Connecting with Emigrants: A Global Profile of Diasporas
the money it is receiving in shape of foreign remittances. OECD Publication 2012
c) Globalization, Brain Drain and Development Working Paper by
b) Establishing 'Diaspora Knowledge Network' Frederic Docquier and Hillel Rapoport Harvard University
of Pakistani emigrants Centre for International Development (February 2011)
d) 7th Annual Global CEO Survey 2014 by
The government should encourage the overseas Pakistani
PricewaterhouseCoopers (PWC), USA (2012)
professionals, through the Pakistani Missions abroad, to
e) The Global Migration of Talent: What does it mean for
form 'Diaspora Knowledge Network (DKN)' as being done by
developing countries? By Davesh Kapur and John McHale
emigrants from countries like India, China, Korea, Taiwan, Centre for Global Development (October 2005)
Vietnam, Turkey and Bangladesh. The Diaspora Knowledge
f) The Accounting Brain drain by Ryab Pengelly, Beverley Lord
Network has played a critical role in technological upgrading, and Yvonne Shanahan – University of Canterbury Auckland,
industrial development and building of productive capacities New Zealand (November 2008)
in these countries through designing of diaspora strategy as g) The Economic Consequences of 'Brain Drain' of the Best and
an integral part of industrial policy along with a broader Brightest – Microeconomic evidence from five countries by
national development strategy. This means that the John Gibson and David Mckenzie – the World Bank (August
Pakistani government should design industrial policies and 2010)
strategies in consideration to the skills and abilities of the h) Global Index for Support for Emigration - Survey by WIN-
Pakistani professional emigrants, who may then provide Gallup International Survey (May 2012)
knowledge and technology for use in Pakistan and revive the i) The Global Talent Index Report: The Outlook to 2015 by
stagnant economic growth. Economic Intelligence Unit (2011)
j) Human Capital Flight in Pakistan: Strategies for Coping Brain
c) Following Taiwan model for return migration Drain Situation-by Sirajul Haque and Javed Ahmed Chandio
of Pakistani students University of Sindh, Jamshoro (May 2013)
Pakistan can follow the 'Taiwan' model for encouraging its k) UN Press Release - 232 million international migrants living
talented students abroad to return and use their talent for abroad worldwide new UN global migration statistic reveal
(September 2013)
Table 1-2
Approach Goals Coverage Timing
1 On-the-job coaching/ To develop competencies Immediate manager When the particular
mentoring in some phase of the and/or staff specialist competency is needed for the
current job Covers all employees job as recognized by manager
2. Staff meeting on To obtain solution to Conducted by staff or When problems arise
current problems problem line manager at any
To develop problem- level
solving techniques Covers all employees
To determine the abilities
of each person in this area
To develop a sense of
participation and sharing
of problems
3 Job rotation To broaden knowledge of Plan prepared by Careful scheduling to permit
unit operations managers sufficient time on each
To discover the extent of Focus on Super assignment to acquire
breadth and versatility keepers and Keepers competencies
To develop latent abilities
To provide “office” point
of view
As a selection device
for promotions
4 Emergency fill-in Same as #3 Assignment by Created by emergencies
assignments To determine adaptability immediate supervisor
and performance under Focus on Super keepers
pressure and Keepers
5 Special one- To develop competencies Approved by immediate As needed
person projects in a specific area supervisor
To broaden and increase Focus on Super keepers
strengths as an individual and Keepers
contributor
To become aware of
specific needs
6 Task force assignment Same as #5 Approved by immediate As needed
To develop ability to lead supervisor
and participate in group Covers all employees
activities
To develop pre- managerial
skills
7 Company educational To develop knowledge and Recommendation by Continuously (supplemental
courses skill in fundamentals applying superior to other methods)
to specific areas and needs Covers all employees
8 Courses outside the Same as #7 Recommendation by Continuously (supplemental
company superior to other methods)
Focus on Super keepers
and Keepers
9 Guided reading Same as #7 Recommendation by Continuously (supplemental
superior or book club to other methods)
Covers all employees
10 Teaching educational To develop knowledge Assignment by superior Subjects that are important
courses of fundamentals on request of training to personal development
To develop skill in instructional specialist needs
techniques and communication Focus on Super keepers, During or after work hours
To reexamine ideas and values Keepers, and high-
competency people
11 Assistance from To discover handicaps Upon recommendation When managerial counseling
counselor or psychologist to personal development of superior Covers fails to achieve the desired
all employees results
12 Extracurricular activity To discover and apply principles Upon recommendation Activities that have specific
of leadership and followership in of superior objectives for self-development
a variety of areas other than Applied selectively to all Applied selectively to all groups;
industry-related committee work groups; emphasis on Super through community, professional
keepers and Keepers groups, field study
those assist managers in selecting developmental situations. In addition, there may be special guidelines in
approaches. dealing with the four classes of talent. Excellent
organizations provide guidance to their managers in
Human Resources Planning approaching each employee group in terms of rewards,
Coaching guides always play an important role in improving training and development, career paths, and recognition.
individual performance and competence in career The talent management process described above will fuel
development. An SOP (Standard Operating Procedures) organization excellence by:
guide for Managers is also needed to interpret and act on
1. Identifying and creating a set of career paths,
the meaning of the composite results of individual
development, and reward plans for Super keepers. This
assessments for the purpose of human capital planning,
will ensure that high-quality role models will enable the
organization-wide training and development, and career
organization to achieve and maintain superiority.
planning.
2. Identifying key positions and ensuring that associated
Human Resources Planning: Our experience and research
indicate that there are five major situational
classes that must be addressed in human capital
planning:
1. Surpluses – more than one replacement for
an incumbent
2. Voids – no replacement for an incumbent
(voids for key positions are a critical
concern)
3. Blockages – non-promotable incumbents in
the path of one or more high-potential or
promotable employees
4. Problem employees – those not meeting
expectations
5. Super keepers – employees whose
performance greatly exceeds expectations,
who inspire others to greatly exceed
expectations, and who embody voids are immediately addressed and that the quality
institutional competencies of replacements is affirmed. This will ensure that
organization continuity is not disrupted because of the
Capturing the Talent Reservoir Solution in
loss of any individual.
Software
3. Segmenting the talent pool into each investment
A software application is best mode to translate the raw category (Super keeper, Keeper, Solid Citizen, and
data into information as well as for providing speed with Misfit) and managing the investment in each category
accuracy and precision. Talent Reservoir Design if map into appropriately.
software will give the result. This will facilitate data
collection, analysis, iteration, and interpretation. It is found Four Steps to Creating a Talent Management
that Microsoft Access is simple, inexpensive software that System
fits the goal.
It is already been described a highly developed approach to
Implementing the Integrated Talent talent management based on extensive research and
Management Process practitioner experience. In this section one will find tools
that can be used to implement that approach in
Talent Reservoir holds the supervisor accountable for final organization. These tools fall into a four-step process:
assessments and recommendations. The talent
management plan formally begins when the Step 1 – Develop assessment tools and scales.
supervisor/assessor adds replacement and career planning a. Develop competency definitions and measurement
data to the employee assessments previously developed. scales.
Once all data is entered, a series of specialty human b. Establish a performance appraisal definition and
resources reports are developed. The principal reports are measurement scale.
Bench Strength Summary, Replacement Summary, and
c. Establish a “talent potential forecast” definition and
Core Competency Summary. Each summary provides
measurement scale.
insight and guidance to assessors on issues and courses of
action associated with different human resources d. Apply the measurement scales to each job.
Stage I: Preplanning
The first phase is of preplanning serves as the transition
from the design phase to implementation, in which HR
arranges those who will participate a key position in the
leadership development program. Unluckily, many
organizations fail to notice this serious stage and simply
expect their business leaders to go on accordingly with no
Step 2 – Develop training and development adequate training, education, or communication. The
application tools. preplanning phase basically consists of two steps:
a. Create a coaching guide. 1. Give details of the underlying goals of the process to
b. Assemble a directory of the best training and those business leaders who will be charged with
development programs organized by competency. identifying and developing the company's future
leaders.
c. Create a directory of top books associated with each
competency. 2. Impress upon business leaders their answerability for
assessing their people. Foster a culture in which
Step 3 – Evaluate each employee using managers feel at ease identifying high-potential
assessment tools. people, rather than being in danger by them.
Step 4 – Prepare action reports. Coach participants on the company's succession
management process. Provide each business leader with
a. Create a “bench strength” summary.
a process map that explains the process, along with the
b. Create individual talent competency development corresponding forms and charts.
forms.
Stage II: Assessment
Achieving Organization Excellence through Business leaders have been given the apparatus and
Talent Planning and Development knowledge necessary for a successful leadership-
development program, they are ready to put their training
Laying the Groundwork: The Design Process into action, evaluating talent and identifying business-
Before one can embark on designing a succession planning critical positions. Mindful of the business competencies
process, you need to define the underlying objectives. What established during the design phase, they should begin
exactly is the organization trying to achieve? Is it using considering their people, asking themselves who has
succession planning to develop people internally? exhibited the performance and the potential to become
the future leaders of the organization.
Once the objectives and population have been defined, the
next step is to establish a set of leadership competencies For example, potential ratings could be defined as follows:
or qualities that are considered desirable in a high-potential 1. High Potential: An executive who has the adaptability
person. These could include anything from financial acumen to play a number of executive leadership roles in the
and cost control to aggressiveness, vision, and risk-taking. organization; a leader who you are confident will be
Clearly defined criteria are important, as they provide the in the next wave of senior/executive leadership;
framework for identifying and developing potential he/she shows the ability to see things from new
successors for key leadership positions. Such criteria also perspectives and to quickly adapt to change; would be
serve as the core thread linking the leadership development difficult to put back due to the value that he/she brings
program to the organization's HR processes. While the goal to the company.
is certainly not to create the perception that leadership
development is “just another HR program,” the defined 2. Expandable: An individual seen as capable of
competencies when integrated into the company's hiring, contributing to the organization in a role with greater
difficulty, impact, scope, and scale than his/her present process is not over here. On the other hand, the process
role. remains very runny, others leave the organization for other
opportunities as leaders move into top positions and new
3. Well-Placed: Well suited for current role. Unlikely to
talent joins the ranks. Therefore, it's critical to conduct
move to the next level or take on expanded
regularly scheduled reviews on a periodical, biannual, or
responsibility within the next two years.
annual basis. Granted, change happens every day and
4. Issue: A person who needs significant coaching or a replacement charts and development plans may need to be
person who is incompatible to his/her position or a revisited fairly frequently. It is the constantly changing
person who has become a blocker to another's nature of leadership development, in fact, that helps build a
success. culture that values succession and keeps it from becoming
5. Too New to Rate: This individual has been in the a once-a-year HR program. That being said, it's important
organization less than six months. for HR to partner with business leaders at least once a year
to ensure that all data is up to date and to provide the
Stage III: One-on-One Discussions CEO with a status report so he/she can report to the
board of directors on the bench strength of the company.
People make evaluations of individuals based on data they
have or perceived situations. To minimize this subjectivity, References:
it is important to draw out input from a variety of people to
1. Reich, Robert, the Future of Success, New York: Knopf, 2000,
make sure that all relevant parties are generally in p. 34.
agreement as to who the organization's high-potentials 2. Perspectives on Total RewardsJanuary 2000, co-authored by
are and how they should be developed. These debates could Brian Reidy and Jane Bhar.
simply take place between HR and the business leader or 3. Heneman, Robert L. Merit Pay: Linking Pay Increases to
they could be held between direct reports, such as the vice Performance Ratings. Reading, MA: Addison-Wesley, 1992.
president of finance and the chief administrative officer. 4. Heneman, Robert L. Business-Driven Compensation Policies:
Integrating Compensation Systems with Corporate
Stage IV: Group Meetings
Strategies. New York: AMACOM, 2000.
Group sessions are held in which business leaders meet 5. Katzenbach, Jon. R. Peak Performance: Aligning the Hearts
with their boss and colleagues to review and debate, the and Minds of Your Employees. Boston: Harvard Business
decisions that have been made up to this point to confirm School Press, 2000.
that those who have been selected are, in fact, the right 6. Lawler, Edward E., III. From the Ground Up: Six Principles for
people to be developed as future leaders of the Building the New Logic Corporation. San Francisco: Jossey-
organization. The goal of this meeting is to bring business Bass, 1996.
and people issues together and determine if there are any 7. Lawler, Edward E. Pay and Organizational Effectiveness: A
issue, concerns or gaps. These meetings might result in the Psychological View. New York: McGraw-Hill, 1971.
need to amend the profiles, grids, and charts that have 8. Lawler, Edward E. Rewarding Excellence: Pay Strategies for
the New Economy. San Francisco: Jossey-Bass, 2000.
been completed by the business leaders in the first three
phases of the implementation process. Such changes can 9. Ledford, Gerald E., Jr. “Designing Nimble Reward Systems.”
Compensation & Benefits Review, July-August 1995, 27(4),
be made quickly, however, thus keeping the process
46-54.
moving along with the assistance of an HR facilitator.
10. Maslow, Abraham H. Motivation and Personality. New York:
Stage V: CEO Discussions Harper & Row, 1954.
11. Mohrman, Allan M., Jr., Susan Albers Mohrman, Gerald E.
It's time to make the case to the CEO and obtain his Ledford, Jr., Thomas G. Cummings, and Edward E. Lawler III.
or her input for further improvements and final decisions. Large-Scale Organizational Change. San Francisco: Jossey-
Therefore, HR facilitates a series of meetings between Bass, 1989.
individual business leaders and the CEO during which the 12. Schuster, Jay R., and Patricia K. Zingheim. The New Pay:
latter reviews the designated high-potentials and their Linking Employee and Organizational Performance. San
development opportunities inside the company. The Francisco: Jossey-Bass, 1996.
individual CEO's objectives will determine exactly which 13. Wilson, Thomas B. Innovative Reward Systems for the
materials are evaluated. The CEO may limit Changing Workplace. New York: McGraw-Hill, 1995.
himself/herself to the business critical substitution 14. Wilson, Thomas B. Rewards That Drive High Performance:
charts or may dig in and examine performance and Success Stories from Leading Organizations. New York:
potential grids, as well as individual profiles. AMACOM, 1999.
Developmental opportunities are discussed and the CEO 15. Zingheim, Patricia K., “Rewarding Scarce Talent.” In Lance A.
offers advice on how best to prepare the organization's Berger and Dorothy R. Berger (eds.), The Compensation
future leaders. Handbook, Fourth Edition. New York: McGraw-Hill, 1999.
Building of
Talent Reservoir
By Mazhar Mahmood, FCMA
o Globalization of present time needs intelligent fast o They review their task many times before finish which
track business leadership. is time taking exercise.
o Scarcity of talent or databank of talented employees. o Their hardship quality may go waste if they are not
backed by the intelligent idea as driving force.
o To produce the leadership as a succession.
o To ensure the fast track growth.
Qualities Intelligent Hard / Experienced Worker
Management Accountants know that Reaction Very quick Moderate
EOQ, the best level of inventory, is Quality of outcome Superb Acceptable
basically the certain plausible ratio of
Table Talk / Negotiation Excellent Better
all inventory related cost elements.
Similarly to maximize the profitability Accuracy Surely 100% May be 100%
we calculate the best product mix to Volatility / Unpredictable Very high Moderate
achieve the objectives. On the same Job change frequency High Moderate
line we need to have the best mix / Successful field Short run Long run
combination of HR, termed as TMR, to Work Strategy Proactive Mostly Reactive
control the current and futuristic Mistakes Significant, if any May be significant
business requirement for growth of Solo flight Superb / Fast Track / bumpy Slow and smooth
firm. An organization is mostly blend of
Team work Less responsive to team work Responsive to team work
S.# Element Qualitative Philosophy Quantification Significance of TMR regarding quickness, accuracy and final
1 Economy Doing the things Planned input / If result < 1 presentation. Now, intelligent
cheaper Actual input bureaucratic leader remains at fast
2 Efficiency Doing the things well Actual input / If result > 1 track without realizing the Hard
Actual output Worker state of mind when all team
3 Effectiveness Doing the things right Actual output / If result < 1 members are at play. Data from
Planned output
primary research is presented to
o Such type of HR is abundantly available. support the argument.
o They have been consuming a lot of time to equalize It's an illustrious fact that man is the most unpredictable
their output at par with an intelligent. creature on earth. As already discussed that perimeter
should be confined to two qualities of HR, intelligent and
Significance of Talent Management Reservoir: There are consistent hard workers, to see overall productivity in term
five operational steps in an organization that justify the of team work to reduce probability of unpredictability. Team
presence of TMR through vibrant role in a company to work is the only factor in an organization that can produce
achieve the current and futuristic business requirements. the tangible results than other attributes in employees
Let us discuss them one by one. individually or collectively. Core competency of fast track is
(1) Organizational activity – Management is a group IQ level and others have commitment for HARD WORK.
activity that coordinates or establishes a strong positive Now we are in position to draw the final matrix out of the
correlation between Action and Reaction of individuals. summary to show the player's productivity in team with
There are certain distinct features of both intelligent hard / respect to their core competencies.
experienced worker. There is no concept of solo flight in commercial
(2) Goal formation – the most important step is that organization rather no way out except team work. All
goals / tasks are set while considering the Actions and individuals have different levels of performance depending
Reactions of individuals or the talent capacity which itself is upon their core competencies. Normally an organization is
comprises of competency and attitude. blend of very few intelligent employees, too many hard
Management sets the goals and plan according to worker cum intelligent and few employees having working
predetermined capabilities, as mentioned above, of capacity. Hard worker can also compete intelligent, to
different employees. Sometimes readjusts the some extent, by experience.
combinations of employees to achieve the objectives. For What should be exact Mix / combination to constitute
examples to develop the integrated system, the experts an excellent TMR?
from different departments (Accounts, Finance, IT and There are three possible combinations as detailed below:
operation) are selected having a proven delivery record
irrespective of their IQ levels. (a) All intelligent Employees; its naturally impossible for
an organization to have hundred percent intelligent
(3) Goal accomplishment and evaluation – Management employees. Had there been a case, the organization
also evaluates the effectiveness of goal accomplishment. would be a bumpy and risky, due to fast track strategy
Basically the effectiveness should be viewed as third ladder and volatility of intelligent people, as shown in the
after Economy and efficiency achieved. graph. Creative ideas will be too many to practically
(4) Organizational Survival – in the short run, managers realize. May be, there will be as many acceptable
uses the available resources as efficiently as possible and strategies as many intelligent persons are there. There
practices the art of implementing their decisions. The will be chaotic situation to adapt any one's strategy as
ability to forecast and adopt to change is also important for other will give hard time for implementation.
organizational survival. (b) All hard workers; Once again an organization cannot
(5) Implementation – is the creed of management. Action be devoid of intelligent human resource. This had been
plan should be very precise strategies for effective a case; the organization would be a sluggish and
implementation. passive as shown in the graph. There will be no creation
This is the most critical and final phase to implement the or very slow, if any.
program to achieve the objectives. Style of management (c) Hybrid of intelligent & had worker; this is the
and position of both intelligent & hard worker, in staff or line situation where both the categories will share the
management, plays a vital role to finish
Situation Short Run Long Run
the task with happy end. Some one
very rightly said,” all is well that ends Resource available All four factors of production All four factors of production
well”. Bureaucratic style, demand of Jurisdiction You can change the operational You have an option to change both
fast track activities and absence of cost only to achieve the objectives Fixed and variable cost to achieve
without additional investment. the objectives
team work are few of the reasons that
end the task to failure. There are Role of TMR Quickly and accurately decides the Precisely and slowly analyzing both
combination of wage, rent, interest & fixed and variable cost for all factors
sufficient reasons to believe that there
price to maximize the profitability with of production within and outside
are too many differences between all these limited resources within the the organization for maximization
intelligent and Hard Worker, as already organization. of profit.
mentioned in point 1, in the team Significance of TMR Critical Moderate
Intelligent
Name Type of business Type of Management Designation Reported to Status Remarks
CMH Educational Bureaucratic Owner X FailureType of management &
Institution Bureaucratic Fast Track
MAS Construction, Bureaucratic MD X FailureType of management &
Trade & Consultancy Bureaucratic Fast Track
AQ Garments & imports Bureaucratic Owner X FailureFast Track
RS Distribution Participative Middle management MD SuccessfulStaff Management
KM Group of Companies Participative Top management MD / BOD SuccessfulBureaucratic
Fast Track
RA Construction & Trade Participative Owner X FailureB Fast Track
RRR NGO Participative Middle management Director SuccessfulStaff Management
ZA Engineering Participative Middle management Chief SuccessfulStaff Management
ZA Services Participative Middle management MD SuccessfulStaff Management
CK Telecommunication Participative Owner X Successful Participative
Fast Track
X Ltd Security Bureaucratic MD BOD Failure Participative Fast Track
mutual core competencies. The growth of the firm will Once upon a time a tortoise and a hare had an argument
be less risky than intelligent stratum and on fast track about who was faster. They decided to settle the argument
than hard worker combination. with a race. They agreed on a route and started off the race.
The hare shot ahead and ran briskly for some time. Then
Role of BOD to create Talent Management seeing that he was far ahead of the tortoise, he thought
Reservoir he'd sit under a tree for some time and relax before
Board of directors is always enduring better than best continuing the race. He sat under the tree and soon fell
option for wealth maximization of firm. Best option is to asleep. The tortoise plodding on overtook him and soon
arrange such a TALENT MANAGER RESERVIOE that will finished the race, emerging as the undisputed champ. The
cater the needs of both current future business hare woke up and realized that he'd lost the race. The moral
requirements. BOD may adopt any of the strategies, on the of the story is that slow and steady wins the race.
bases of situation, to build the TMR. This is the version of the story that we've all grown up with.
A good teacher always quotes relevant examples from But then recently, someone told me a more interesting
norms of society that help to clarify the concepts. This version of this story. It continues.
example will highlight that who share their core The hare was disappointed at losing the race and he did
competencies. You see that a person on fast tract is not some Defect Prevention (Root Action Analysis). He realized
always winner but, sometimes, he needs the core
competencies of steady, may be, at very decisive occasion. Category Bureaucratic Participative
Let us read out a story that will surely support the Fast Track Fast Track
suggested combination to constitute an excellent TMR on Intelligent Failure Success
the bases of core competencies in team work.
Hard Worker Failure Success
Managing Talent
A Research Report
We all are gifted with some HP has a series of interlocking programs
talent. through which they recruit and onboard
staff, train them, assess their
A Chinese proverb says, "If you wish to performance and develop their skills and
grow something for a season, grow competencies. Beyond graduate
mangoes; If you wish to grow something recruitment, HP also try to promote
for a year, grow rice; but if you wish to from within.
grow something for a lifetime, develop
Persistent organizations like IBM, GE,
manpower".
UPS, American Express have survived
We all are born with some talents which the pitfalls of global economies by
we even don't know sometime. It does reinvent themselves and focusing on
not require us to practice. List of natural their people not only the business.
Muhammad Asif Qureshi, ACMA
talents could be endless. Some of us are
In a recent CHRO (Chief Human
good singers while others could be
Resource Officer) study performed by
expert swimmers etc.
Cornell's School of Industrial and Labor
What is Talent Management? Relations, HR leaders overwhelmingly
agreed that their biggest challenge this
In the corporate world, we hear so much
year is "building better talent." According
about talent acquisition, talent
to the survey, this is not HR's problem.
management and knowledge
HR's role is to design and promote the
management etc. So what is talent
process, but it is up to line leaders to
management all about and what kind of
operate as "talent managers. This means
talents organizations are looking for
taking time to assess leaders, figure out
these days.
"what people qualities drive success,"
Talent management comprises a and gives people feedback on a
complex set of Human Capital continuous basis. These are the skills
Management processes designed to which winning leaders build over their
manage companies' greatest assets: entire career. And as organizations, only
their people. (Oracle) 7% of companies believe they have
reached this level of management
There has been a paradigm shift in how
maturity.
human resources have been looked at
over the past few decades. From early So, how do we harness the business
1980s when organizations used to have objectives with people and skills required
personnel departments which were later for achieving these objectives?
flipped to be Strategic HR Units and now
Accenture uses a holistic system of
after significant research in human
talent multiplication based on four key
learning behaviors and natural
capabilities:
tendencies, we see talent acquisition
and management teams working closely 1. Defining talent needs based on a
with Executive Management. The whole clear understanding of mission
concept has shifted from managing critical jobs.
people to managing the talent.
Management Accountant, May-June, 2014 | 27
Focus Section
The Organization
in the Pursuit of
Talent Management
“The most valuable of all capital is that organization towards prosperity.
invested in human beings” The organization is not run by systems or
(Alfred Marshall, Principles of Economics) policies or even procedures, but by people,
Investment Management
Investment of funds is another key task. Its
management should have 3 prime objectives;
o Determine Maximum Risk Tolerance Limits.
Nursery of
Talent Reservoir
Introduction organizations, however business
organizations can retain the talent and
Nations can survive without natural
manage it for the betterment of their
resources like minerals, gold mines,
prospect. Therefore; the main reservoirs
coals etc but scarcity of talented human
for talent is education institute not
capital is the main reason of backward
organizations.
nation. Sometimes the argument is
raised about the talent that it is god ICMA Pakistan as a Talent
gifted and it cannot be developed; if it is
true then only single nation has always
Reservoir
been the superpower of the whole As explained earlier; an education
world. Therefore; talent can be built and institute can play it more positive role in
the nations that have decided to building talent and storing it for the
progress and become the developed economy of Pakistan. Most of the intake
Syed Irshad Ali, ACMA countries of the world they make the of the institute does not comprise of the
system where those fertile brains are position holders or first division
produced that drive the nation. students; those students generally join
ICMA Pakistan has the institute, who have been failed to
Business organizations can be treated
contributed a lot as talent reservoirs but the main
take admission in medical, engineering,
or other professional colleges or
especially for the nursery of the talent creation is the
institutes due to their grades in inter/A
education institutes. Business
financial sector of the levels or finance constraint. But an
organizations might act as a trader that
country by providing education institute should act as a steel
it can just decorate the product from
factory that transformed raw material
finance experts; outside. For example the shirt can be
into finished product.
wrapped in an attractive packing but its
however the room of main ingredient cannot be improved ICMA Pakistan has contributed a lot
improvement always because if the cloth of the shirt is especially for the financial sector of the
substandard then ultimately it will country by providing finance experts;
exists. however the room of improvement
affect the goodwill of organization.
Hence; talent can be manufactured in always exists. It is suggested that the
education institutes not in business institute should converge its more
efforts in the following areas:
A. Syllabus Designing:
Syllabus is the only tool that makes a
highway by traveling on which any
institute can reach its destination. Like
in other fields the syllabus designers of
the institute have always inspired by
foreign qualification syllabi (CIMA-UK or
ICAI) and used copy-paste technology
for developing the syllabus. As syllabus
sets a path of the institute so its
importance cannot be overemphasized;
working professionals from different
Possibility of Succession
Planning in Public Sector-
A Sneak Peek into Culture
By Ayesha Mirza, ACMA
"Do you have any succession planning for your needs and based on the futuristic role of employee
organization? Yes, for every manager I have two in the organization.
replacements. My HRM directorate never leave a d) Mentoring of the employees: leaders , project
single seat vacant" managers, high performing employees needs
From this statement, it is clear that the succession continuous mentoring by the existing leaders .It is
planning have been miss-understood as replacement just like growing a tree, if seed is good , land is fertile,
planning. It's closely related but the two processes are environment is supporting, it can grow with speed
different in their objectives. Replacement planning is the and can give fruits .However proper trimming and
process to keep the posts/positions filled by the new cutting can make it even more attractive . Similarly
employee by hiring or by promoting from the same after selection and training, on job mentoring can
department of from other directorate. make your efficient employee a leader.
However, "Succession planning is a means of identifying e) Follow-up by top management can make this
critical management positions, starting at the levels of process of succession planning a workable process
project manager and supervisor and extending up to the and can bring sustainability to the organization's
highest position in the organization ("Guaranteeing progress.
Management, future through Succession Planning The whole process of succession planning is linked with
"Carter, 1986). Although it is often confused with futuristic approach and preparation for change well
replacement planning, succession planning goes beyond ahead in time.
replacement planning because its focus is broader than
one position, department or division (Effective "I do not have time for strategic planning and
succession planning , Roth well,2005 )" thinking about improvisation of systems in my
organization, because I am overburdened and
Like every planning cycle, Succession planning also
overloaded by routine work. Actually I am very
consists of following steps and was identified by many
keen and enthusiastic about my job /assignment.
"Gurus "which are ………….
When I was in 17 grades, I used to review every file
a) Defining the strategy and mission of the with so much care and enthusiasm that I went
organization which required be monitoring and through every detail in the file. And I really like my
reviewing after some time to cater for ever changing job even today, now.I am in 19 grade and I still
environment in the world. Because mission one review the same files with equal responsibility and
decided can be modified with the emerging needs of interest.”
world or society. This is the story of almost every public servant
b) Identify internal/external human resources to be who works hard in wrong direction.
trained for future leaders/key position holders of the
organization. Identification of resources may include Succession planning is much more important in public
the personal and performance assessment etc. sector than in private sector. Because public sector
Moreover a selected employee or externally organizations are responsible for improvement in
selected resource must have commitment to society, economy and can lead the whole nation
his/her goals. towards the road of success. Day by day organizations
c) Training of human resources, now this is and think tanks have understood the importance of
something which may be look into with much care. human resource capital and its management. But this
Skill Gap analysis must be conducted to review the idea is relatively very new and even absent in the public
existing pool and desired one .Every proposed sector in Pakistan. To me, the succession planning is
training for employees must be aligned with successful in Army, Police, bureaucracy. All these public
organizational goals, mission and strategy, servants are being selected after a rigorous and detailed
specifically according to the employee individual selection process and being trained right after selection
"Its simplify game of patients and called for Low Pay Packages: main motivational factor for
and length of service. I have training and anyone to remain on job is to get enough salary which
to just wait for some years mentoring after a make any one free of worries of everyday life. But low
to promoted to the seat of specific time span salary package causes demotivation and decrease the
my boss and if I waited a and whole culture , dedication towards your profession. Lack of motivation
little longer I will be on the strategies are being causes lack of interest resulting into low performers.
boss's boss's seat " transferred from Turnover ratio of employees in their early career is very
one level to another high. In South Korea, Government conduct surveys to
Career planning of very smoothly . identify the difference in salaries of Government
a public servant
However, in public employees and private employees which make public
sector there are sector as desirable for career oriented people as private
certain factors which can be addressed and which need sector.
to be drastically changed to make things happen in public Weak Generals, Strong Lieutenant Model: an
positively. Some of the factors which are very apparent approach that weak generals will not be a threat to
and I am sure every reader from public sector can easily competitors but lieutenant must be strong to manage
relate themselves with these factors which can make the things .Weak Generals will get the instructions and
succession planning difficult in public sector will implement without any question. This model results
Political Influence in Public Sector: At important in absence of a thought process which cannot build
seats or organizations which can affect the economy strategies and cannot foresee things .This is the most
and masses, political interference is the major factor favourite model in public sectors.
which can hinders the successful Above stated factors are the few of
implementation of succession planning. "I joined public service
those which can be easily eliminated and
Though one school of thought is in favour because I want to spend a can easily help top management to find
of this aspect arguing that political balanced life by spending out hidden talents from inside the public
Governments have agendas which can equal time between the sector and can also help in retention of
be implemented better through a person home and my profession “ newly hired talents .
who share same school of thought. But A motivation to join the Although succession planning usually
unfortunately, in our economy this public sector needs to be long term goal, it is never too
positive aspect of hiring, transfers is
late to include it as part of the transition
being exploited very badly.
process that is currently occurring, if only to ensure that
Lack of Strategic Planning: All over the world, every mistakes of past are not repeated. It is in the dire need of
political Government come with some policies, think time that in public sector we must have some strategic
tanks assess the needs of people and public sector have leaders who can change the system and can bring
to work on this. A good example of Government planning success and growth in economy. Developing the skills of
is the Retirement planning of Baby Boomers in USA. those earmarked for promotion should take place at
Government is planning for their and introducing regular intervals on an assessment and multidisciplinary
different reforms in their policies to accommodate them. basis be this via on-site experience, task rotation,
However, in our scenarios, we lack a foresight, a vision individual projects or other assignments. Some
which can lead our generations and which can help us to organisations even go as far as creating specific posts in
optimal utilization of resources. order to give
c andidates the "although I am getting
Rusticity of System: In public sector employees not peanuts from this job but its
only lack motivational factor but also system is a big experience they
secured .I think I must have a
hindrances in best utilization of any best mind. Our require. It is also
side business to make my life
system did not support high performers in Government i m p o r t a n t t h a t
good .For my business I need
sector. A career path in public sector is bound with the every succession
my resources , energy and
time an employee has to complete on a specific post and p l a n m a k e s
allowances for proper planning to move
seniority is the reason of promotion.
innovative people ahead in that field .so not use
Moreover job rotation is very difficult and even absent in brain here , safe it for my
w h o d e f y
public sector. It has been observed that a person entered business "
convention in the
in public sector retired in same department. For example
quest to enhance Financial planning of public
a person joined in payment section, he will retire from
the value of public servant
payment section on some higher scale. His abilities has
service. Excluding
never been assessed or utilized. According to my
such people within
judgement 60% public servants are underutilized .It is
the organisation, simply because they do not conform to
said that as long as habits and routines dictates the
organisation tradition, may mean that a valuable
pattern of living, new dimension cannot be found.
potential leader will have been lost to the public service
T alent Reservoir
development is a
very vast area of Talent
This integrates all components of talent management:
o selection including both external and internal,
o competency and performance evaluation,
Management. This
article will focus on the o coaching and practical development, and
Role of ICMA Pakistan, o Succession planning.
the most prominent
professional institute
Need for Building Talent Reservoir
of Pakistan in the field Having discussed the basic terminologies related to
of Management Building Talent Reservoir, now it would be better to talk
Accounting, as a primary source of the development of about the need for building talent reservoir. We are living in
Talent Reservoir for the corporate sector of the economy. an era of professionalism. The world around us is changing
Before we look at the specific role played it would be better and evolving continuously. One of the biggest risks many
to discuss the three important terms related to Talent organisations are facing is to have the right talent enabling
Management: Talent, Talent Reservoir, and Talent them to compete in the future.
Management and also discuss the need for building Talent The business world today needs the competent
Reservoir. professionals in order to help organisations to achieve
Talent is the ability or skill either natural or sustainable growth and profitability. In order to
acquired through learning. However, Talent gain and maintain sustainable competitive
adds value to the individual performance only advantage, organisations tend to emphasize
if accompanied by broad vision, dedication, on optimum resource utilization, value-
and hard work in right direction. addition, innovation, continuous
Ta l e n t m a n a g e m e n t e n t a i l s t h e improvement, internal controls, customer
anticipation of human capital need for the satisfaction and other such factors. The
organisation and the plan of action corporate sector is facing challenges to
regarding the way to meet those needs. remain competent and transparent while
The organisations, that understand the dealing with the emerging new business
strategic importance of the fact that scenarios. Moreover, many business today
company's innovation and performance rely has a large majority of its key executives that
upon the talent reservoir, place importance on the will probably retire in the next 5-10 years. While this
talent management in order to make sure that talented and may not have been an issues 10 or 15 years ago, but now
superior workforce or employees are recruited, retained, for success and even survival of business organisations has
developed and rewarded. Effective and efficient Talent to match their needs with that of pool available.
Management proves to be the back bone for the success of Management Accountants are the professionals having
economy. Thus, Talent Management comprises three main comprehensive knowledge and skills in the areas of
pillars: Talent Acquisition, Talent Development and Talent accounting, finance, management, leadership, laws and
Retention. ICMA Pakistan is the primary source available to ethics with the ability to make decisions for the growth and
the corporate sector for the very first stage of Talent sustainability of the organisations. Hence, these
Management i.e. Talent Acquisition. professionals have become indispensable for the corporate
Talent reservoir is basically related to storage of data of sector because they are capable enough to help the
talented employees of the organization. The goal of Talent organisations to respond to the challenging world of
Reservoir is to build a reservoir (data base) of high-talent business. Realizing the ever increasing need for industry-
people capable of supporting current and future business institution collaboration, ICMA Pakistan and corporate
requirements. It is a talent management process that deals sector are committed to make their ties even stronger with
with the various aspects of the assessment process to each other for utilizing each other expertise for mutual
identify competencies required. benefit, growth and development.
Role of ICMA Pakistan in Building Talent have vast self-study area assisting students to study with
Reservoir full dedication and focus. In addition to the self-study areas
at libraries, exclusive halls are provided to students for
Since inception of the ICMA Pakistan in 1951, the Institute group discussions after class lectures.
has maintained the trend of developing Business leaders
through imparting quality education and training in financial Auditorium
and non-financial areas to bring value addition in the All campuses have purpose built auditorium that
economy. Hence, ICMA Pakistan is the main source of conveniently accommodate 150 to 300 participants at
talent reservoir for the corporate sector of Pakistan. once for the purpose of continuing professional
Realizing the challenges of profession, the Institute is development programs, including trainings, seminars,
committed to not only maintaining high standards in the lectures and guest speeches.
areas of education, examination, memberships, trainings, Students' Co-curricular Activities
Continuous Professional Development (CPD), research, The institute is playing its role in developing the
publications, management consultancy, quality assurance, interpersonal skills of the students for the enhancement of
international affiliation and corporate relations but also intellectual, social and cognitive abilities. These activities
keeping itself up-to-the mark with the international help the students to deal with the complex situation in an
standards. effective and efficient manner.
Talent Management System of ICMA Examination
Pakistan The examination system is at par with the requirements of
Faculty and Teachings International Education Standards (IES) prescribed by
International Federation of Accountants (IFAC) to assess
The Institute has more than 250 qualified and experienced students' competencies with respect to knowledge and
faculty members. In order to ensure that best faculty is skills acquired.
hired, Institute conducts the comprehensive screening of
The assessment process is carefully conducted in order to
the candidates aspiring to teach. In order to ensure that
gain and sustain the confidence of all stakeholders
coaching is as per prescribed curriculum, the
especially that of students in the system.
faculty is required to submit a proper
course plan including total number of The Institute has a strong feedback
lectures with the description of system by way of 'Examiners'
topics. This plan is then used to C o m m e n t s ' re c o g n i z i n g t h e
compare with the actual significance of strong feedback
performance and ensure that system for helping the students to
performance variance does not know their shortcomings in the
exceed the acceptable limit. The examinations. In addition to this, faculty
devotion and hard work of the faculty members provide their comments
members are recognized and rewarded in the form regarding examination papers for further
of Best Faculty Awards in each session. improvement in the quality of the examination from time to
time.
Infrastructure and facilities
Proficiency Awards
The institute maintains contemporary facilities in the form
of class rooms, computer labs, libraries and study area, and The students' efforts are recognized by awarding medals
Auditorium in order to provide congenial academic and merit certificates for their remarkable performances.
environment to the students. In addition to this, students with outstanding performance
are given opportunities to share their experience with new
Class rooms
students.
All classrooms are fully equipped with modern methods of
learning i.e. laptop, multimedia, microphone, etc. for National Awards and Convocations
ensuring optimum learning is carried out. Moreover, all The Institute hold National Awards and Convocations for
classrooms are fully air conditioned to make sure that qualified students to recognize their completion and confer
students get the comfortable environment for their degrees.
studies.
Conclusion
Computer Labs
ICMA Pakistan is an invaluable source of talent reservoir for
All campuses have computer labs fully equipped with all the corporate sector of Pakistan. This is evident from the
requisite software included in the curriculum and those fact that presently numbers of members of ICMA have
required for corporate trainings and CPD programs to exceeded 5000. About 80% of these members are serving
ensure e-learning and its application. on senior management positions such as CEOs, CFOs,
Libraries and study area COOs, CIAs, company secretaries, Financial Analysts,
The facility of libraries is provided at each campus with Public Practitioners, Management Consultants, etc, and
latest books on core and related subjects, journals and hence making significant contributions towards business
magazines of national and international repute. The libraries growth and economic development of Pakistan.
T
he New York Stock Exchange, Even for CPAs who don't toil as principal In Search of a Policy
meanwhile, proposed new financial officers, comptrollers or principal
In an informal
corporate governance standards accounting officers - job titles Sarbanes- poll of 291
executives,
which - if the SEC approves them - would Oxley specifically Targets - the new law 44% of
introduces a raft of issues. As interpreted Yes No
require companies traded on that respondents
56%
said their 44%
exchange to adopt corporate governance by the SEC in the proposed rule-making company
did not have
guidelines and a code of business conduct notice it issued, Sarbanes-Oxley does a formal
code of ethics
and ethics for all employees. CPAs can help more than suggest companies have a code in place.
employers or clients navigate these new of ethics for senior financial executives.
rules and create a code of ethics that Source: Christian & Timbers, New York City
Once SEC rules are finalized, section 404 of
complies with all of the requirements. the act will require publicly traded
Nuts and Bolts companies to file in their annual reports an
For companies that choose to adopt a set Internal auditors who uncovered the company's
of ethics guidelines in response to accounting fraud reported it to the company's then
Sarbanes-Oxley-and few will run the risk CFO Scott Sullivan. The federal government now
of not doing so given the negative message alleges Sullivan instigated the fraud and attempted to
it would send to investors, regulators and
potential litigants - section 406 of the act
block the internal investigation. According to an in-
says the code should seek to ensure that depth report The Wall Street Journal, WorldCom didn't
senior financial executives finally acknowledge, make public and address the fraud
o Conduct themselves honestly and until its vice president of internal audit, Cynthia
ethically, particularly in handling actual Cooper, took damaging evidence to the company's
or apparent conflicts of interest. audit committee.
o Provide full, fair, accurate, timely and
understandable disclosure in the “internal control report” that outlines what
periodic reports their employers file steps management has taken to establish
with the SEC. and maintain adequate internal controls
o Comply with all applicable and financial reporting procedures, as well
government laws, rules and as management's conclusions about the
regulations. effectiveness of those controls and
procedures - a report CPAs and corporate
EXECUTIVE SUMMARY
THE SARBANES OXLEY ACT NOW REQUIRES PUBLICLY traded companies to disclose whether they have adopted a
code of ethics for senior financial officers. In addition, the New York Stock Exchange is considering new rules that would
require listed companies to have a code of business conduct that applies to all employees.
UNDER THE ACT THE SEC REQUIRES COMPANIES to file an internal control report with their annual report outlining
management's responsibilities for establishing and maintaining adequate internal controls as well as its conclusions
about the effectiveness of those establish a process for rank-and-file employees to report code violations confidentially
to someone outside the ordinary corporate chain of command
THE BEST WAY TO DRAFT A CODE OF ETHICS all employees will follow is to bring together a multidisciplinary team from
all parts of the organization. Employees must then be trained in what the code means using real-life dilemmas they might
encounter on the job. Regular refresher courses are important because ethics training is perishable - people forget
controls. The company's auditor must attest to management's evaluation.
MANY COMPANIES ALREADY HAVE ETHICS CODES. With the emphasis in Sarbanes -Oxley on financial reporting,
CPAs may want to help employers and clients review these codes to make sure they comply with the new regulations.
Companies will need to
COMPANIES WITH AN EXISTING ETHICS CODE UNLIKELY will need a new one. Still, businesses may want to revisit
the code to make sure they have a full-blown compliance program in place. Even though the act focuses on the CFO, the
SEC expects the entire organization to comply with the law.
assign a case number to each complaint or tip an employee control process. Gilman encourages outside auditors to go a
makes so he or she can track its progress. In addition, the step further: For each client, the auditor should sign a
person to whom employees report alleged violations is statement noting that it understands and accepts the
generally someone outside the ordinary chain of corporate client's code of ethics. “This allows the outside auditing firm
command - an ethics or compliance officer, for example, or to comport with the company's internal environment,”
an ombudsman - who nonetheless has access to the Gilman says. “It permits a level of independence and says,
company's top executives and its board of directors. The 'We're willing to obey and abide by the same set of
WorldCom case amply illustrated the perils of having standards the organization holds itself to.'”
employees report complaints to a senior executive with
routine corporate responsibilities. Doing it Right
Internal auditors who uncovered the company's accounting A number of companies- including Raytheon and Texas
fraud reported it to the company's then CFO Scott Sullivan. Instruments - have been widely recognized for the scope
The federal government now alleges Sullivan instigated the and quality of their ethics programs. Raytheon makes ethics
fraud and attempted to block the internal investigation. training a requirement for every employee, all the way up to
According to an in-depth report The Wall Street Journal, the CEO. Texas Instruments' employee ethics handbook
WorldCom didn't finally acknowledge, make public and dates to 1961 and the company has received three ethics
address the fraud until its vice president of internal audit, awards for its leadership in the field. Texas Instruments also
Cynthia Cooper, took damaging evidence to the company's provides employees with a business-card-sized pamphlet
audit committee. that serves as a “quick test” for workers faced with an
ethical dilemma.
Many CPAs will have a role in helping companies comply
with Sarbanes-Oxley. Certainly, those in corporate finance o Is the action legal?
departments can be expected to be involved in drafting or o Does it comply with our values?
reviewing those portions of their company's code dealing
with financial matters, says Nancy Wilgenbusch, president o If you do it, will you feel bad?
of Marylhurst University in Portland, Oregon, and a member o How will it look in the newspaper?
of the AICPA ethics committee. The portions of the code
o If you know its wrong, don't do it.
CPAs might handle would range from insider trading to
appropriate and accurate expense reporting, acting as good o If you're not sure, ask.
stewards of company assets, avoiding conflicts of interest
o Keep asking until you get an answer.
and assuring accurate corporate communications with the
public. To the extent the code of ethics includes quantifiable While it's difficult to calculate a hard return on investment
measures of accountability concerning items such as insider for drafting and implementing a code, Bruce Pfau, national
trading or entertainment expense reporting, for example, practice leader for organization measurements at Watson
Wilgenbusch says CPAs are ideally suited, by virtue of their Wyatt Worldwide has tried. A survey his consulting
training and professional expertise, to evaluate or test the company conducted in 2000 found workers who believed
results. their company operated with honesty and integrity showed
higher levels of commitment to their employer in terms of
External auditors would also appear to have a role in
job satisfaction and company pride than those who judged
assessing compliance with codes of ethics, if only in the
their employer to have low ethical values. Pfau also found
context of a code's being part of a company's internal
companies highly rated by their employees for honesty and
integrity produced, over the previous three years, a higher DeMars says, is for human resources to plan training
return to shareholders (112%) than poorly rated companies sessions that engage them in discussions about real- life or
(76%). theoretical ethical dilemmas they might expect to handle
on the job. The more specific the situations are to the
Putting Together a Code particular company, the more valuable they will be. DeMars
With virtually all companies needing a code of ethics so they gives these examples of the types of questions she might
can avoid having to report they don't have one under pose in a seminar: “You are the assistant to David Duncan,
Sarbanes-Oxley, the task of developing one from scratch lead auditor for Arthur Andersen. You know the firm is
need not be too involved. The Financial Executives Institute about to be subpoenaed. He asks you to shred documents.
has drafted a one-page model code of ethics for senior What would you do? Or, you are Sharon Watkin's assistant
financial executives it says conforms to the new law; it can at Enron and you type her memo to Ken Lay warning him of
be found on the organization's Web site at www.fei.org. the possibility Enron will implode if its current accounting
Another code developed by Parson Consulting, a national practices continue. Now that you know the company is in
consulting company specializing in finance, accounting and trouble and your boss is aware of this, what do you do?”
business systems is available at ww.parsonconsulting. “You've got to take the words as well as the legal
com/sarbanesmarket_position.asp. requirements and translate them into understandable
But most experts say it would be far better to create a code practices,” agrees John J. Castellani, president of The
of ethics for the entire company, one that applies to all Business Roundtable, an association of CEOs of leading
employees and builds corporations.
on their input. Under “Ultimately, doing so
the proposed gives you a very
changes to the NYSE strong tool. When
listing requirements, employees violate
such a policy would the policy, they are
be required of all dismissed.”
companies trading on DeMars and others
the Big Board. agree ethics
The challenge programs don't
companies face - achieve much when
whether creating an they are handed
entirely new code or down by senior
reassessing and management with
upgrading an existing little input from other
one to reflect employees or when
Sarbanes-Oxley - is senior managers
to draft a document themselves fail to
that isn't just abide by the code or
decoration on the neglect to stress its
company bulletin importance. Enron
board but instead helps employees live up to the ethical had a rigorous code
standards investors, legislators and regulators demand. of ethics, for example, yet it fell victim to unethical behavior
“We're terrified here of what we call the three Ps - the print, in part because its board of directors twice voted to
post and pray syndrome,” says Gilman. “You print a code of suspend the code to allow the company's former CFO,
conduct, post it on the wall and pray people actually read it.” Andrew Fastow, to launch business activities that created,
for him, a conflict of interest. Ethics professionals warn
According to Gilman and other ethics professionals, the against viewing educational programs as a once-and-done
correct approach is to bring together a multidisciplinary procedure. “Ethics training is perishable,” Gilman says.
team from all parts of the organization - finance, sales, “People forget.” To deal with this problem, companies should
human resources, operations, marketing, executive - to schedule regular refresher courses for all employees.
draft a code, communicate its importance to employees
and then involve them in seminars to help understand how Finding Help
the code applies to them and their colleagues. Finally, says
While companies must enlist the cooperation of their own
Minneapolis-based ethics trainer Nan DeMars, author of
staff members to draft a code of ethics that will resonate
You Want Me To Do What? (Fireside, 1998), senior
with them, there's plenty of outside help available, too.
management must follow through and hold people
Among the Big Four accounting firms, both Deloitte &
accountable for complying with the code.
Touche and PricewaterhouseCoopers offer ethics
One way to make a code of ethics come alive for employees, consulting services, says Gilman. So do some law firms and
a number of nonprofit organizations and academic centers. preface, signed by the chairman or CEO, explaining what
Among the latter are Gilman's own Ethics Resource Center values are important to top management in conducting the
as well as the Ethics Officers Association in Belmont, business. It should then cover these key areas:
Massachusetts; the Institute for Global Ethics in Camden,
o The purpose of the business and its values.
Maine; and the Markkula Center for Applied Ethics at Santa
Clara University in California. (See the sidebar above for o Employee relations including working conditions,
information on how to contact these and other resources.) recruiting, training, discrimination policies and use of
company assets by employees.
Elsewhere, the nonprofit Practicing Law Institute in New
York City offers programs on ethics and corporate o Customer relations guidelines.
compliance several times a year, says McAvoy, and has o The importance of protecting the investment made by
published a series of books on the topic. All that said, Gilman shareholders or other investors.
cautions companies against offloading too much
responsibility to outside consultants. “Ethics are one of o Relationships with suppliers.
those things where you don't want someone doing an o How the company relates to society as well as to the
assessment and charging you a lot of money to tell you wider business community.
what you want to hear,” he explains. The best ethics code is
o How the company will implement the code, including
one drafted in-house.
training.
Many companies that already have a code of ethics are
The IBE also advises any company drafting a code to find a
unlikely to need a new one to respond to Sarbanes-Oxley,
champion - hopefully the CEO - who is prepared to drive the
says attorney Tom Patton, a partner with Tighe Patton
introduction of a business ethics policy. Without this
Armstrong Teasdale PLLC in Washington, D.C. This is
support, there is little chance the company will find the code
especially true since the new law doesn't require a company
a useful tool. The board of directors should also endorse the
to publish its set of guidelines but merely to confirm it has
ethics policy.
one. “The statute defines a code of ethics in very broad
terms, so you have to make sure your existing code meets Will it Work?
all of them; assuming it does, you probably don't need to
develop a new one,” he says. Whether any of this will prevent unethical behavior is
uncertain, although most experts say codes can make a
Stephen Hill Jr., a partner with the Kansas City, Missouri, law
difference when companies develop and implement them
firm Blackwell Sanders Peper Martin LLP, concurs but adds
properly. “There's nothing we can do to prevent a crook from
companies may still want to review their code point by point
stealing if he or she wants to,” says ethics committee
to make sure it covers all of the provisions in the new law
member Wilgenbusch. “If people are greedy, a code won't
and that they have a “full-blown compliance program in
prevent them from behaving unethically. But if the CEO gets
place.” The proposed SEC regulations under Sarbanes-Oxley
the company's top 20 people in a room and says, 'We're
make it clear the code should promote “compliance with
going to adhere to both the spirit and letter of the law; we're
applicable government laws, rules and regulations.”
going to play by the rules in every sense of the word and
At many companies, such reviews are already under way. “A anybody who steps across that line of ethical behavior not
number of companies are taking a hard look at their codes only will be discharged immediately but prosecuted to the
and making sure they're current and sharing them with their full extent of the law,' then you are going to avoid unethical
boards of directors,” says Deloitte & Touche's McAvoy. behavior.” That's a goal every accountant can endorse.
“They're also taking a look at the financial reporting aspects
Resources
and making sure they are as robust as they can be.”
The following organizations can help accountants who are charged with
Meanwhile, the Ethics Officers Association reports that
developing, implementing or monitoring a corporation's code of ethics.
about 100 companies have hired ethics officers through
1. Ethics Officers Association 30 Church Street, Suite 331 Belmont,
October of 2002 alone. Massachusetts 02478 617-484-9400 http://www.eoa.org/
Hill says his firm is telling clients their entire organization, 2. Ethics Resource Center 1747 Pennsylvania Avenue, NW, Suite 400
not just the CFO, must be prepared to deal with compliance Washington, D.C. 20006 202-737-2258 http://www.ethics.org/
issues. “Sarbanes-Oxley covers the CFO, but in its October 3. Institute for Global Ethics P.O. Box 563 Camden, Maine 04843 207-
16 statement, the SEC makes it clear it's going to expect 236-6658 http://www.globalethics.com/
the entire organization to comply with the law,” Hill says. By 4. Markkula Center for Applied Ethics Santa Clara University 500 El
Camino Real Santa Clara, California 95053-0633 408-554-5319
way of example, the proposed SEC regulations mandate
www.scu.edu/ethics
that a company's code of ethics apply not only to senior
5. Practicing Law Institute 810 Seventh Avenue New York, New York
financial executives but also to the “principal executive 10019-5818 800-260-4PLI or 212-824-5710 http://www.pli.edu/
officer,” even though that position was not specified in the
act. Randy Myers is an award-winning business and financial
writer and a contributing editor at CFO, Corporate Board
According to the London-based Institute of Business Ethics Member and Plan Sponsor magazines.
(IBE) (www.ibe.org.uk) a code of ethics should include a
the language and that no words should be added, altered, or Cure of mischief
modified unless it is plainly necessary to do so in order to
prevent a provision from being unintelligible, absurd, Let purpose of the time limit on action by a Collector /
unreasonable, unworkable or totally irreconcilable with the Commissioner (Appeals) and these officers ceasing to have
rest of the statute.” powers of adjudication after the prescribed time be
examined with eye on rationale for and beneficiaries of
On the subject, the Appellate Tribunal Inland Revenue these laws.
(Pakistan), Karachi, in I.T.A. Nos. 661 and 786/KB of 2010
(Tax Years 2003 & 2004), decided on 28-03-2013, [(2013) Restriction of time on these officers is to cater public
108 TAX 373 (Trib)], observed: interest, to guard against prolonged litigations and an
infinitely hanging sword on heads of the taxpayers which
“In PLD 1965 Dacca 296, in the case of Muzaffar Ahmad germinates public apathy. The laws under discussion, being
v. Anwar Ali, the Honourable CJ, Mr. Murshed, while facilitating provisions for assessees, their interpretation
speaking for the Court, has observed: would lie also keeping in view: whether they answer the call
“Cannons of construction and rules of interpretation are to facilitate the subjects. For purposes of interpretation,
focussed is also the mischief against which the laws extend
directed to one and only one end, namely, towards
a helping hand. The mischief being tax payer's misery and the
finding out the intention of the Legislature. When this is
prolonged sense of uncertainty they have to live with when
clear, there is no room for praying in aid any extraneous
their appeals remain in process, undecided.
principle of interpretation or canons of construction.”
On the subject of a curative law or law to
Restriction of time is to cater public interest, cure a 'mischief ', “N. S. Bindra's
Interpretation of Statutes” by M N Rao
to guard against prolonged litigations and an Amita Dhanda (10th Edition - Pages #
infinitely hanging sword on heads of the 825-826), points out:
taxpayers. “While the statements and objects
cannot be used as aids to construction,
In aforesaid order of the Tribunal we also find following they can be used for the limited
observations of the Honourable Supreme Court: purpose of understanding the background and
antecedent sate of affairs leading up to the legislation, of
“The main purpose of interpretation is to ascertain the finding the object of the legislature in enacting the
mind of the Legislature from the words used by it, and in statute where all other methods of interpretation fail,
doing so it is a well-accepted rule that we must read the and also in order to find out what was the mischief which
words in the context in which they are used, for, the the legislation aimed at. Such statement can
meaning of a word read out of its context may well be legitimately be referred to for correct application of:
totally different and in different context or in different
association of words may equally well have a sense (i). what was the law before the Act was passed;
which has the effect of limiting or restricting its ordinary (ii). what was the mischief or defect for which the law
or popular sense.” had not provided;
To suggest that the officers under reference could proceed (iii). what remedy the legislature had appointed; and
with the cases after expiry of the period law authorizes
them to adjudicate would be rendering these laws absurd. (iv). the reason for the remedy.”
Because in the absence of provisions existing with reference
As pointed out hereinbefore, needed was a law to take off
to restriction of time for adjudication, these officers would
the indefinitely hanging sword on the tax payers in a
enjoy time unbound powers to decide the appeals before
scenario where such hanging was caused by the
them.
The laws are declarations It tantamounts to implying that, upon discretion of the
revenue officers, charging section of a fiscal law can be
The subject laws, having ado with time related availability of taken as a directory provision. Jo chahey, jaisa chahe
adjudication powers to the relevant officers, do not address, maney ya na maney. Tax dey ya na dey.
give order to a person or authority. They are declaratory.
Therefore, there can be no proposition to classify the same They are not conscious that this would do away with
into mandatory and directory laws. One attempting to the cardinal principle of strict construction of fiscal
classify the subject laws as such, should in the first instance laws, particularly the postulate of doing away with
put forth rationale he comes to have for igniting the conjectures, imagination, kite flying, guess work. This
controversy, which the tax payers may consider malicious. appears skipped in tieing-up through terrain of
arguments they come-up with.
What ails digestion? (e). being curious, speculative on fate or outcome of the
Likely, lured by proclivity to be on right of the state matter - whether it is mandatory, stretches to
functionaries, some quarters have carved proceeding with pronouncing a nikah not mandatory because of related
the following step(s) to interpret the subject laws: nikah nama not getting into the proposition of childrens
the couple may have after wedlock or schools the
(a). not believing that the subject laws are declaratory, not couple's children would go to.
addressing or giving direction to anyone for doing an
act, not calling support or aid to carry or to put the On the same logic, because of being non-descriptive of
message through. utilization of funds raised, a law would be unlawful or
charging section of a fiscal law would be branded
It follows from the above that when the laws are not in directory.
the nature of an address to the
specified individuals, giving them The Presidential order is a tower of light. It is a
options, there can be no conception of
going this way or that way. There is a policy decision showing way for interpretation
command: 'kneel down', there is no and application of statutes. It is not restricted
option, no authority or mandate for
attempts to classify the order into: (i) to a particular enactment or specific section(s)
mandatory or (ii) directory provisions. of a statute. It is magna carta for all lawmen,
One has to be compliant. Rules of authorities and civil society, foundation stone
interpretation of fiscal statutes do not
allow to advance reason in the face of
for the civil society.
the law. Called for is obedience.
(f ). not keeping in view the principle that when different
(b). postulate that relevant laws have the revenue officials interpretations can be made, one favourable to the
as addressees with the address having two shades: assessee has to be adopted.
mandatory and directory. They insist on their inference
as such despite there being no trace of an address like The Supreme Court of India, in Mahadeolal Kanodia
situation. vs. Administrator General W. B. (AIR 1960. SC 936.
3 SCR 578), quoted by Vepa Sarathi in
These are like charging section of the fiscal stature. A
“Interpretation of Statutes”, Page-62, 4th Edition,
charging section also is a declaratory provision,
has ruled”
permitting no branching off.
“The principles which have to be applied for
(c). assuming that there is no 'time related waning' of a
interpretation of statutory provisions of this nature
Collector / Commissioner (Appeals)'s powers for
are well established. The first of them is ……… The
purpose of adjudicating cases and believing the cited
third rule is that if in any legislation, the general
officers not having become functus officio, which they
object of which is to benefit a particular class of
turn into due to operation of the law in relation to cases
persons, any provision is ambiguous so that it is
not decided within the time allowed.
capable of two meanings, one of which would
(d). getting into the frivolous rather illogical, unlawful, preserve the benefit and another which would take it
without foundation, issue of conjecturing the fiscal away, the meaning which preserves it should be
laws being directory and claiming that such a law is adopted.”
directory - because consequences of not doing their
duty on the part of the identified officers are not cited. (g). not trusting that the laws sought restraint by a
Commissioner / Collector (Appeal) with reference to
The argument given is that in the event of final outcome exercise of his power to adjudicate after expiry of the
of law not being stated, the fiscal laws can be declared periods specified.
directory through the self fabricated swords of
interpretation. (h). being oblivious that, according to words of the laws,
Justice M. N. Rao, in his “N. S Bindra's General Clauses Such a thought terrain imagines that in the event of passing
Act” (10th Edition - Page # 18), on the basis of M/s. of the period allowed for adjudication to the Collector /
Management Shahdara (Delhi) Saharapur Light Rly Co. Commissioner, there will be 'vacuum' which needs to be
Ltd. v. SS Rly workers' Union AIR 1969 SC 513, 518; Raj filled. It further imagines that this vacuum should be filled by
Kumar v. State Board of Technical Education AIR 1991 the defaulting officer through re-acquiring his waned
P&H 1, states: powers, which were not with him on expiry of the period
available under the law for deciding the appeal. Goes on to
“A literal meaning should be given to the language used imagine that the Collector / Commissioner can re-acquire
by the legislature unless the language is ambiguous or the same, at his discretion, just as a legislature can in
its literal sense gives rise to an anomaly or results in relation to the powers to legislate, to have or not to have, to
something liable to defeat the purpose of the Act.” be possessed with or dispossessed, at its pleasure.
(i). abstaining to pronounce that a Collector / Lost sight of is that even the thought of assumption of
Commissioner (Appeals) is no more on the position he legislative powers by the executive, as such, is frightening. It
had, before running out of his term or time allowed to is tarnishing the entire civic fibre the society has put in place
him (by the laws) and repudiation of the relevant after thousands of years of social, cultural and law
officers having turned coram non judice to the end of development.
deciding the appeals pending with them beyond the
period law had provided. M. N. Rao, Former Chief Justice High Court of Himachal
Pradesh, in his “N. S Bindra's General Clauses Act” (10th
(j). not taking cognizance that in 'reward' of failure to act in Edition) gives following narratives on the subject matter of
time, a Collector / this write-up:
Commissioner could not be
bestowed unfettered powers “The court while interpreting a
to act the way he deemed fit. statute may point out any
hardship or anomaly likely to
(k). forsaking raison d' etre for the
result therefrom leaving it
c l e a r, u n a m b i g u o u s
ultimately to the legislature to
declaration of the legislature
amend the law when deemed fit”.
that powers to proceed with
(Page-18). “Words in a remedial
an appeal by the relevant
statute have to be construed to
officers under cited sections of
reasonably admit the relief
the legislation is not in place
contemplated thereunder”.
after expiry of the periods
(Page-19). “It is not, however,
specified.
permissible to omit or delete words from the operative
(l). pronouncing that the word “shall” appearing in the four part of an enactment merely on the ground that,
laws cited above, with reference to passing an order- according to the view of the court, it is inconsistent with
in-appeal by a Collector / Commissioner within the the spirit underlying the enactment. Provisions have to
specified time, can quietly be christened to read “may” be construed harmoniously as to render no provision
or some other word, which gives the officer concerned redundant”. (Page-20). “A result following from a
a leeway, enabling him to pass an order beyond time statutory provision is never an evil. A Court has no power
spelled out in these laws. to ignore that provision and contend that it considers a
In certain cases involving laws, other than fiscal laws, distress resulting from its operation. In the possibility of
the word “may' be used in place of “shall”, but not alternative constructions, that alternative has to be
quietly, impulsively. Such relegation i.e. reading “may” in chosen which would be consistent with the smooth
place of “shall”, taking away valuable right of the tax working of the system purported to be regulated by the
payer, the cannons of interpretation of fiscal laws do statute. When an alternative construction is not
not appear to uphold, because these cannons call for possible, the court has to adopt the ordinary rules of
strict construction. literal interpretation. When words used are not capable
of two constructions, it is not open to adopt any other
(m). failing to believe that the laws spelled in: hypothetical construction on the supposed ground of its
(i). 33(2) of the Federal Excise Act, 2005, consistency with the object of the Act. Where two
(ii). 45-B(2) of the Sales Tax Act, 1990, constructions are possible upon the language of a
(iii). 129(5) of the Income Tax Ordinance, 2001, statute, the court has to chose one which is consistence
(iv). 193-A(3) of the Customs Act, 1969, with good sense and fairness by eschewing the other
which would make its operation unduly oppressive,
unjust or unreasonable. It is dangerous to interpret a Himachal Pradesh, in his “N. S Bindra's General Clauses Act”
statute by using the meanings of certain expressions of a (10th Edition - Pages # 16-17), on the basis of M/s. Union of
different statute, because the two may differ entirely in India v. Deoki Nandan Aggrawal AIR 1992 SC 96, 101,
their purpose and context”. (Pages 20-21). “The court is observes:
not competent to insist upon the presumption that the
“The Court cannot add words to a statute or read words
legislature has made a mistake. It must proceed on the
into it that are not there. Assuming there is a defect or
footing that the legislature has intended what is has
an omission in the words used by the legislature, the
said. The supposed spirit of an enactment can certainly
court cannot go to its aid to correct or make-up the
not be given effect to contradicting the plain language of
deficiency. Courts shall decide what the law is and not
the section of the Act or the rules made thereunder”.
what it should be. The court, of course, adopts a
(Page-21). “A disabling provision has to be construed
construction which will carry out the obvious intention
strictly”. (Page-24). “In case of ambiguity in a disabling
of the legislature but cannot legislate itself.”
provision, effect has to be given to that which favoures
the individual”. (Page-24). The outcome is mandatory if law is invoked before a
Collector or Commissioner (Appeal), a public functionary,
All assertions given in the cited sentences are based on
detailed to 'create' liability within a prescribed time.
judgments of the Indian Supreme Court and High Courts.
'Creation' in this context encompasses: establishing,
Details of which appears in the book cited.
altering, confirming, modification, putting in place, changing,
setting aside, variation etc. in relation to a liability.
The laws redundant if not declaratory
An order-in-original is sub-merged in an order-in-appeal
With reference to the restrictions on acting beyond the
which treats the order-in-original on the above lines
specified period, to say that the laws are
and thus creation (of a liability) takes place.
directory not mandatory, is to suggest
Going by this argument, a zero liability
that the subject laws are barren not
creation is also included in the
delivering anything. It is surmising
exercise for or results of that.
that despite the cited
restriction on his powers Thus the issue of the subject
subsisting, ultimate arbiter of law being non-creative of a
the appeal would be the liability is totally non-starter.
Commissioner / Collector. When the act required to be
performed is not so
Professing that it would be
performed, what is in hand of
upto the cited officers to pass
all the parties is a past and
orders even after the specified
closed transaction.
periods, is to attempt leading the
subject laws to nullity. As to what would happen to subject
matter of the tax dispute or the
No day dreaming, guess, intendment,
consequences of the Collector / Commissioner
conjecture or objectivity theorizing on outcome
(Appeal) being not able to deliver an order-in-appeal in time,
considerations should enter the era of a fiscal statutes'
this scribe would venture to make following citation:
interpretation. Because fiscal laws seek compliance in
disregard of the consequences. Mandated is winking at the “……….. the law presumes a controversy to be a past and
consequences. closed transaction where no appeal by either party is
pending against the original order.” (The Lahore High
Interpretations should be harmonious. These should do
Court, Lahore, in M/s. Nishat (Chunian) Ltd. vs. Province
away redundancy. Legislatures should not be accused of
of Punjab etc., Writ Petition No. 177 of 2008 and C.M.
wasting words or not choosing proper words to express its
No. 2050 of 2012, decided on 17-05-2012 [(2013) 107
intentions. No deficiency of English it can be charged for.
TAX 199 (H.C. Isl.)])
Cases not endowed with order-in-appeal There is 'no appeal by either party pending' on the
The Supreme Court of Pakistan, in Assistant Collector divestiture of a Collector / Commissioner (Appeal) to
Customs and Others vs. M/s. Khyber Electric Lamps and 3 proceed with the appeal lying with him. The consequence is
Other, Civil Appeals Nos. 1358 to 1361 of 1997 decided on failure to create a liability as aforesaid. If the appeal was filed
20th October, 2000 (2001 SCMR 838), ruled: by the Department it will have to live with infirmity to
recover the tax. When appeal is filed by the tax payer, the
“It is well-settled proposition of law that a thing required revenue will be stopped from proceeding against the tax
by law to be done in a certain manner must be done in the payer. This is what interpretation of the law by the
same manner as prescribed by law or not at all.” Government of Pakistan (law, Justice & Human Rights
Division) is, quoted hereinafter.
ustice M. N. Rao, Former Chief Justice High Court of