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Sindh Chief Minister Syed Murad Ali Shah has said that the transfer of regulatory authorities to federal ministries concerned in an absolute conflict of interest and the decision is bound to undermine their independence.
In a letter written to prime minister Nawaz Sharif, the chief minister has invited his attention to widely reported news in print and electronic media of December 20 that federal government has transferred administrative control of regulatory bodies from Cabinet Division to respective line ministries.
In his letter he says, "The transfer of regulatory authorities such as Nepra, Ogra, PTA, PPRA, FAB to line ministries such as. Water & Power, Petroleum and Natural Resources, Finance and Information Technology & Telecom are an absolute conflict of interest. This would seriously jeopardise and undermine independence of these regulatory authorities," he said.
Murad Ali Shah says, "In fact, the regulatory authorities are expected to independently regulate the commercial operations of the companies working under the line ministries. In pursuance of Article 154 (1) & (3), permanent Secretariat of Council of Common Interest (CCI) should control regulatory authorities", he said and added "however, as a stop gap arrangement, Cabinet Division is controlling these entities."
"All regulatory authorities established under the federal law appear at Entry No 06, Part II, of Federal Legislative List and CCI is the competent forum to supervise, control and formulate policy for such institutions, the chief minister says in his letter and adds, "The federal government's unilateral decision to transfer control of such regulatory authorities from Cabinet Division to line ministries, without the approval of CCI is transgressing into the domain of CCI, and it is unconstitutional".
The chief minister in his letter to prime minister further says, "It is, therefore, requested to please rescind the impugned notification immediately to ensure independence of regulatory functions in public interest and convene an under meeting of CCI to discuss the subject matter," he urged and added, "I earnestly look forward for a positive response, please," Syed Murad Ali Shah concludes.

Copyright Business Recorder, 2016

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