The Senate on Friday passed 'The Regulation of Generation, Transmission and Distribution of Electric Power (Amendment) Bill, 2011', without a vote count despite opposition parties' objection. Naveed Qamar, Minister for Water and Power, moved the bill for amendments in 'Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997'.
The Upper House, which was in session with Senator Kazim Khan in the chair, gave a glimpse of an 'examination hall' where the invigilators leave the room to give students/candidates a 'fair' chance of cheating. Just like that, the chair announced that the bill stood passed, despite stiff resistance by opposition members.
The move of the presiding officer seemed premeditated as he did not bother even to listen to the leader of the house, Nayyer Bukhari, who thrice conveyed to the Secretary of the Senate to have a vote count on the bill. But he (presiding officer) turned a deaf ear to Bukhari's advice. Before the passage of the bill, the presiding officer, who is a known as die-hard PPP stalwart, did not even give a chance to the lawmakers to say 'yes' whether in favour or 'no' against the bill. When opposition parties protested, he repeated the sentence thrice, usually used for passage of any bill, but without considering the voices in favour and against the bill, he declared that the bill stood "passed".
The bill proposed amendment to section 31, Act XL of 1997 and said that the National Electric Power Regulator Authority (NEPRA) may, on monthly basis and not later than a period of seven days, make adjustments in the approved tariff on account of, any variations in the fuel charged and, policy guidelines as the federal government may issue and, notify the tariff so adjusted in the official Gazette.
It was also amended that the chairman of the authority shall be an eminent professional of known integrity and competency with at least twenty years of related experience in law, business, engineering, finance, accounting, economics, or the power industry.
According to statement of objects and reasons of the Bill, the ECC directed that: Measures for strengthening the enforcement role of Nepra shall be initiated and comprehensive proposals be submitted by water and power ministry to cabinet for approval.
Under section 12(e) of the Act, the authority cannot delegate power to review its orders. To remove ambiguity, explicit power is being proposed. The authority is assigned to settle the disputes between the licensees under section 11 of the Act. To be expressive and clear understanding of all, the power to settle disputes between licensees is being introduced.
A new sub-section has been suggested after sections 11 and 38 of the Act to give right of appeal before the Authority against the decision of single member of the Authority, any order/decision of the provincial office of inspection or a tribunal constituted under sections 11 and 38. This will provide a legal remedy to the complainant to file appeal before the Authority.
Amount of fine in the existing provision is too low which needs to be reviewed. An amount of rupees one hundred million has now been proposed. In the Pakistan Telecommunication (re-organisation) Act, 1996 the amount of fine is Rs 350 million. The amount of Rs 300,000 does not create adequate deterrence to the licensee for not repeating the offence.
Meanwhile, the house was clearly divided on the prorogation issue as some members wanted to visit their constituencies inundated by flood water while some wanted the session to continue on which the house was adjourned to meet again on Monday 5pm.
Senator Ishaq Dar of PML-N and Abdul Rahim Mandokhel of Pakhtunkhwa Milli Awami Party (PKMAM) viewed that the house should discuss the law and order situation of Karachi as decided in house business advisory committee before its prorogation. Gul Nasib of JUI said that his party would stage a protest walkout if the house was prorogued.
The presiding officer, Kazim Khan, informed the house that he is bound to follow whatever directions the government gives as he is powerless to undo the dictates of the government. Leader of the House Nayyar Bukhari sought some time from opposition to have the government's viewpoint before the house was adjourned on the insistence of the opposition.