ISLAMABAD, Feb 10 (APP): The Senate on Friday passed the Capital Development Authority (Amendment) Bill, 2022 to further amend the civic body’s ordinance, 1960 as passed by the National Assembly.
Minister of State for Law and Justice Shahadat Awan presented the bill on behalf of the Minister for Interior Rana Sana Ullah Khan on the floor of upper house of parliament.
According to the statement of objects and reasons, the brief facts leading to amendment in CDA Ordinance, 1960 are that the Islamabad High Court (IHC) in its judgment dated December 29, 2017 in writ petition number 348/2016 set aside the notification for appointment of Metropolitan Corporation Islamabad Mayor Sheikh Anser Aziz, as Member of CDA Board with additional functions of CDA chairman.
The IHC further directed the federal government to initiate the process for selection of an eligible person to be appointed as Member of the Board of the civic authority for the fixed term which has been specified under Section 6(3) of the Ordinance of 1960 and appoint a chairman for a fixed period of five years from amongst the members within 45 days from the date of announcement of the judgment.
In order to elaborate the procedure for appointment of CDA chairman/members, it was decided to amend the relevant sections of the CDA Ordinance, 1960 accordingly. The president promulgated CDA (Amendment) Ordinance, 2018 on January 10, 2018 for a period of 120 days which was further extended for another period of 120 days with effect from May 10, 2018 till September 06, 2018 by the National Assembly (NA) as per laid down procedure.
The previous NA could not pass the said amendment in CDA Ordinance, 1960 till completion of its tenure on May 31, 2018.
The federal government proposed certain amendments in the criteria for appointment of chairman and board members through CDA Amendment Ordinance 2018 which was subsequently extended for another term of 120 days by the NA which lapsed on September 6, 2018.
The purpose of amendment of these sections in CDA Ordinance, 1960 is to comply with the IHC ‘s order. Recently, the federal government has decided the re-structuring of CDA Board and notification in this regard was issued by the Cabinet Division. Therefore, the amendments have become inevitable and have been proposed in the light of ‘Notification’ referred above.
Further amendment is related to addition of words ‘joint venture, Public-Private Partnership, concession agreements, etc’ in Section 15(2) in clause (v) of CDA Ordinance, 1960 which shall enable CDA to enter into agreement with private party for the provision of infrastructure facilities, management functions and/or services with a clear allocation of risks and benefits between the two parties.
This would lessen the financial burden on CDA/government and enhance development activities of CDA in the Islamabad Capital Territory.
