"The previous government deliberately made a crippled commission which, we found, needs a total reform," said Communication Adviser Maj Gen (retd) MA Matin.

He is one of the seven members of the committee formed at the first formal meeting of the advisory council on Monday to find ACC's legal, administrative and institutional flaws.

While the committee, headed by Law Adviser Mainul Hosein, is yet to begin its work formally, its members have already started their individual studies.

"When we start working together, we will share our observations and recommendations to yield the best output in terms of making the commission effective in combating corruption," a committee member told The Daily Star yesterday, seeking anonymity.

The newly formed caretaker government led by Dr Fakhruddin Ahmed set curbing corruption as one of its prime pre-poll tasks.

Following strong criticism and frustration from local and international experts over the ACC's failure to function, the caretaker government resolved to address the commission's institutional, legal or administrative flaws to make it functional.

The newly formed committee is strongly considering bringing changes to the offices of the ACC chairman and two commissioners as they have failed to take any effective measure to fight corruption, said a source.

Asked if they are going to reconstitute the ACC soon, Adviser MA Matin, who served as the chief of the erstwhile Bureau of Anti-Corruption (Bac), chose not to make any comment at this moment.

He, however, said, "They [the chairman and two commissioners] were appointed on political consideration."

Matin said the committee will sit in a few days to work out strategies, consider the existing problems and flaws of ACC, decide necessary steps and take measures accordingly to give the anti-graft body a proper institutional shape.

Following the formation of ACC on November 21, 2004, the then Bac director general (DG) Matin handed over charge to ACC Chairman Justice Sultan Hossain Khan.

The former Bac DG observed that the ACC organogram needs amendment. "Even with 1,247 staff, the then Bureau of Anti-Corruption then struggled to do all its tasks. And now I heard the ACC will have only around 500 people to do this colossal task. It definitely needs to increase its manpower."

He also criticised cutting the commission's jurisdiction to a great extent. "While the number of offences listed in the Anti-Corruption Act 1957 was 47, the ACC Act lists only 13," he said, adding, "The ACC Act 2004 requires amendment."

A bureaucrat member of the seven-member committee also told The Daily Star, "Besides amending the law, appropriate persons should be appointed in the ACC with the task to make the commission functional."

Since there is no parliament now, the interim government needs to pass an ordinance to amend the ACC Act. Once the ordinance is promulgated, the next parliament needs to place it on the first day of its first session to get it approved by the members of parliament.

Speaking on the reasons for amending the laws, a few sources said the ACC Act does not have any reference to the appointment and retirement ages in the commission.

"Since it does not sound appropriate that a man aged 90 can be appointed there, the law should specifically mention the age limit to ensure that the commission officials are physically and mentally able to perform their tasks," said a source.

He also proposed raising the salary of the commission members and staff to ensure that they do not happen to get lured and take bribe from any corrupt person. Their salary should definitely be much higher than the government salary structure, he said.

On the criteria of screening the former Bac staff for appointment in the ACC, he said, "The commission's decision to absorb a certain number of Bac staff through screening and asking the government to withdraw the rest created a division among them. The commission should have either absorbed all or no one."

According to the ACC Act, the government cannot remove the ACC chairman or the commissioners. It can be done through the Supreme Judicial Council as in the case of the Supreme Court judges.

Sources said the best solution to this would be if the chairman and the commissioners resign willingly. If that does not happen, the president may request them to do so. "The ACC Act provision for their removal can also be amended," said a source.

The ACC Act specifies four years as the tenure of the commissioners' job, but mentions nothing for the ACC chairman.

ADVISER MEETS WITH ACC CHIEF
Law Adviser Mainul Hosein at a meeting with the ACC chairman at his law ministry office yesterday asked Justice Sultan Hossain to investigate the allegations against the top corrupt people.

The ACC chairman took up several issues, including approval of necessary ACC rules.

Justice Sultan said the law adviser told him that the "ACC (approval of inquiry, investigation and case filing) Rules 2006", which is awaiting government approval, will be approved in a few days.

Other necessary rules, including one for appointment in the ACC, will be sent to the government tomorrow for approval, he said.

"We will give a proposal to the government for dealing the corruption cases under Speedy Trial Act as the government wants quick disposal. We will also give a proposal for placing the corrupt people on detention, like the Special Powers Act provision of placing criminals on detention," he said.

While the government now can give a public servant forced retirement or the person can willingly retire completing 25 years in job, the ACC is going to propose cutting the time limit by 10-15 years so that corrupt people in the administration can be sent into forced retirement earlier.