KP cabinet meeting takes number of decision of urgent nature

F.P. Report

PESHAWAR: The Caretaker Cabinet of Khyber Pakhtunkhwa met here Tuesday under the chairmanship Chief Minister Syed Arshad Hussain Shah took a number of decisions pertaining to the issues of day-to-day affairs of the Province and of urgent nature. The meeting was actively participated by the cabinet members, the Chief Secretary and administrative secretaries of the Province.

The cabinet approve the hiring of transactional Advisor / Legal Consultant for negotiations of agreements regarding private public partnerships with different entities and in this regard authorized the office of Advocate General of the Province. It approved exemption from section 22-A of the Khyber Pakhtunkhwa Public Procurement Regulatory Authority Act 2012 enabling the Provincial Culture and Tourism Department to out-source the PTDC properties under Public Private Partnership mode.

As a result of 18th Constitutional Amendment in 2010 Federal Ministry of Tourism having been devolved to the provinces, 19 different properties of PTDC were handed over to the Tourism Department of the Province. The outsourcing of these properties to local and international investors will be made under the guidance of Special Investment Facilitation Council.

The Cabinet approved a sum of Rs.10 million as grant-in-aid for provision of Safe dignified living conditions in education to the orphans of Muskan Institute Swat against the demand of Rs.34 million by its management. It is worth mentioning that on the directives of Chief Secretary, the Additional Secretary Social Welfare Department had visited the said Institute and had pointed out that the Organization was facing financial crises due to inflation, particularly food related items and had proposed the one-time grant-in-aid.

The non-profit organization has been established in 1968 and has catered for the welfare and education needs of over 1300 orphan girls. The Cabinet approved a sum of Rs.10 million as grant-in-aid for provision of annual suspense fund and grant-in-aid for Umeed Special Education School Peshawar. Since 2015-16 the Provincial Government has been providing grant-in-aid to the Institute which included Rs.5 million each during the years 2015-16 and 2016-17, Rs.10 million each in 2017-18, 2019-20, and 2020-21, Rs.12 million 2021-22 and Rs.5 million during 2022-23.

The Cabinet approved Mrs. Durreh Shahwar and Imran Takkar as members of the Provincial Parole Committee as per Rule-11(2) of the Khyber Pakhtunkhwa Probation and Parole Rules 2023 read with Section-14(1) of the Probation and Parole Act,2021. It provided for appointment of two members from the civil society as members of the said Committee for three years. While Additional Secretary Home and Tribal Affairs is ex-officio the chairman of the said Committee, Inspector General of Prisons is its member and Director of Reclamation and Probation its member-cum-Secretary. The caretaker Government of the Province had on June 8, 2023 approved the Khyber Pakhtunkhwa Probation and Parole Rules 2022, Rule-11 of which calls for constitution of the Provincial Parole Committee.

The cabinet enhanced the honorarium for muavineen-e-qazi in Malakand from Rs.1200/- per working day to Rs.2,000. It is worth mentioning that under the Khyber Pakhtunkhwa Nizam-e-Adle Regulation 2009, as many as 104 muavineen-e-qazi were appointed for a period of 3 years in May 2019. After completion of their tenures, the terms of 74 of them was extended for another period of 3 years.

The cabinet approved the remuneration of Rs.600 per day for the body search duty in tests/examinations of Khyber Pakhtunkhwa Public Service Commission. While conducting different types of tests and examinations for appointments to various posts in the Province, the Commission has been paying different types of remunerations for various types of duties in these tests and examinations. However, no remuneration was fixed for the body search. The Commission had observed that in the absence and non availability of body search in MCQs based tests of the Commission candidates have tried using various types of electronic gadgets including mobile phones for cheating purposes.

The cabinet approved amendment to Rule 23 of Tehsil Fiscal Transfer Rules 2023, strengthening the Khyber Pakhtunkhwa Fiscal Transfer Rules 2023 and providing legal cover to its budget and audit. The cabinet approved Syed Muhammad Javed, M/S Dilawar Farhan Shams, Zahir Shah and Engr. Qaiser Zaman as independent directors to the Board of Directors of Water and Sanitation Services Company (WSSC) Mardan in line with Section 165 of the Companies Act and in pursuance of Section 35 of the Articles of Association of WSSC Mardan.

The Cabinet Directed the Board of Directors of KPOGCL to re-initiate the process of appointment of Chief Executive Officer afresh strictly in accordance with the provisions contained in Companies Act 2017 read with Rule 5(2) of Public Sector Companies Corporate Governance Rules 2013, Policy Framework of Provincial Government vis-a-vis matters related to CEO and the SECP guidelines for appointment of CEO 2015.

The Board was also directed to complete the verification of experience of candidates and other related matters prior to submission of case to the Provincial Government. The Energy and Power Department was also allowed to take up a case with the Election Commission of Pakistan to grant NOC for initiating the process of the appointment of CEO of KP OGCL. It is worth mentioning that in August 2021 on the demise of late CEO of KPOGCL Osman Ghani Khattak, the BOD KPOGCL had initiated the process of hiring of new CEO and had recommended a panel of three candidates to the Government of whom the cabinet had on 25-10-2022 approved the appointment of Dr Amir khan Jadoon but during verification it was found that he had not provided the correct information regarding his experience in British Petroleum.

Consequently, the BOD had decided to withdraw and revoke the offer letter. However the said Dr.Amir khan Jadoon had filed writ petition in the Peshawar High Court against the revocation of his offer letter by the BOD KPOGCL obtaining a stay order. The High Court had on September 13, 2023 dismissed the said writ petition. The cabinet approved the appointment of Muhammad Ayub as Chief Executive Office of Transmission and Grid System Company (KPT&GSE).

The position had been advertised in September 2022 in response to which eight applications were received and after scrutiny four candidates were shortlisted. The concern Committee had analyzed all the shortlisted candidates for the post, on the basis of qualification, experience in the relevant field and proper criteria of experience etc. The Caretaker Cabinet granted additional charge of the post of Chief Executive Pakhtunkhwa Energy Development Organization (PEDO) to Commissioner Peshawar Zubair Khan and also directed the concerned authorities to expedite the process of appointing permeant CEO of the said Organization.

The cabinet appreciate the performance of secretary agriculture for efficiently perusing the case of payment of enhanced compensation of land acquired by Agriculture University for Ameer Muhammad Khan Campus Mardan amounting to Rs.7.87 billion (upto July 20, 2022). The 2000 kanal land had been acquired at the rate of Rs.2800 per marla in the year 2010. Aggrieved over the price, the land owners have filed appeals in the courts where the said compensation has been increased with interest till final payment. The Court had recently frozen the bank accounts of the University and also issued non-bailable warrant of arrest against the Secretary Agriculture Department for failing to make the enhanced payment to the land owners.

The Government and the University had lost all appeals and revisions up to the Supreme Court of Pakistan. However, on the request of the Secretary Agriculture the court has recently adjourned sine die the proceeding till the till the taking over by the elected Government. The Cabinet approved the shifting of Solicitor Office along with staff from the Directorate General Law and Human Rights to Law Parliamentary Affairs and Human Rights Affairs.

The shifting will ensure timely disposal of court matters and litigation. The Solicitor wing used to be housed in the Law Department as a separate wing but it was shifted to the Directorate General Law and Human Rights in 2019 which caused administrative inconvenience and complications in litigation management because the wing was administratively attached to the Directorate General Law and Human Rights located in Hayatabad while the Scrutiny Committee for declaring the case fit or otherwise for filing of CPLA in Supreme Court was a housed in the Law Department.