Cabinet approves civil administration ord
2016-12-31
LAHORE: The provincial cabinet on Friday approved the disputed Civil Administration Ordinance allowing deputy commissioners to jointly take decisions with DPOs in any emergency law and order situation, and convene meetings to tackle any routine matter.
The approval of the ordinance has allowed the provincial government to synchronise the induction of the new district administration system with the first meeting of the new local councils in Punjab on Jan 2 as per the decision made by Chief Minister Shahbaz Sharif whilepresiding over the cabinet meeting.
Officials said that after the approval by the cabinet, the ordinance will be promulgated and as a result the commissioner, deputy commissioners, additional commissioners and assistant commissioners would be notified.
The ordinance is being promulgated amidst an intense power struggle between the administrative (PAS) and police officers, both accusing each other of encroaching upon their functions and authority through the law. All assistant commissioners are on a pen-down strike and police officers lobbying for their independence they had obtained in 2002 when the cabinet meeting was in progress.
The ordinance has nevertheless stopped deputy commissioners from intervening in the matters of local councils and police which are governed by their respectiveLocal Government Act 2013 and Police Order 2002. But the chief minister constituted a committee during the cabinet meeting to study the Police Order so as to decide `who will perform the role it prescribed for nazims to keep an eye on police.
According to official sources who attended the meeting, the chief minister held an exclusive discussion with the chief secretary, the IGP and Law Minister Rana Sanaullah Khan before the cabinet, making them evolve the new administrative system without indulging in or creating any controversy.
The meeting agreed to two solutions to the PAS (DMG) and police conflict. For all the known matters, the deputy commissioner will on his own or on the request of the mayor or DPO will convene a meeting and convey its decisions to all concerned for implementa-tion. He will report any non-compliance by official of any department to his or her immediate boss for action.
To handle any emergency law and order situation, the deputy commissioner and the DPO will jointly take a decision. Those who attended the meeting were silent on whose decision will be binding in case of difference of opinion.
Some said there will be no difference and some said the dominance could be decided in the rules of the law.
Sources said at some point during the meeting Law Minister Rana Sanaullah Khan said the flaw regarding whose decision was binding, would be removed in due course of time.
The chief minister shot down a proposal to authorise mayors to chair meetings instead of deputy commissioners and take decisions in any emergency situation. Hispoint was that elected representatives had political rivals, and the authority could prompt them to settle their personal scores (victimise the rivals).
The IGP reportedly maintained that there was no need to put in place any further external oversight for police as his department was trying to make functional safety commissions and the Police Complaint Authority provided in the Police Order 2002 for the purpose. `We will do it ourselves if you don`t,` was the reply by the chief minister.
The provision of making deputy commissioners justice of peace in place of the district and sessions judges has been withdrawn.
Overall, the deputy commissioner and his team would act as revenue and coordinating officers in a district on behalf of the provincial government. He will be the coordinating person in case of any calamity. Sources indicated that the provincial government could form time to time give DCs more powers to enable them to deliver as per its desires.
One of the assistant commissioners on strike said the law was creat-ing powerless district administration, and `how would the government hold me responsible for any f ailure if it is not giving me authority to make things happen.
Right now, a demand by all provinces to have the CrPC amended for the revival of the execudve magistracy that was the coercive arm of the erstwhile deputy commissioner-cum-distrcictmagistrateof the past is pending a decision by the Council of Common Interests.
The judiciary has already asked for withdrawal of the justice of peace authority from the judges declaring it an unnecessary workload and the Punjab government has agreed to it. Of ficials said this authority could sull be given to anyone through an executive order.