KARACHI: The strained relations between the Pakistan Tehreek-i-Insaf government in the centre and the Pakistan Peoples Party’s administration in Sindh in the wake of the coronavirus challenges suffered another blow on Thursday when Governor Imran Ismail returned Chief Minister Syed Murad Ali Shah’s proposed draft for an ordinance with objections that the provincial administration was giving relief in the area which “does not fall within the legislative domain of the provinces”.

Official sources disclosed to Dawn that the Sindh governor in a letter to the chief minister came up with details and arguments for his objections days after the PPP government proposed a draft of ‘Sindh (Covid-19) Emergency Relief Ordinance’ to the Governor House for promulgation. Though the governor questioned the Sindh government for its authority on federal subjects, he was mainly critical of the PPP’s proposal for relief on gas and electricity bills for the consumers.

“Thus, one cannot see as to how an ordinance of the province of Sindh could be promulgated in relation of utility bills of electricity, which does not fall within the legislative domain of the provinces,” said the Sindh governor in the summary of his objections to the chief minister while returning the proposed draft.

He referred to the judgements of the apex court and mentioned one of the cases in which “the honourable Supreme Court has spelt out that gas tariff is to be determined in terms of the mechanism provided by the Oil and Gas Regulatory Authority Ordinance, 2002, which is admittedly a federal statute, and for such a purpose the Oil and Gas Regulatory Authority has to take relevant steps prescribed under the law and rules. Therefore, once again one cannot see as to how an ordinance of the province of Sindh could tinker with utility bills of gas.”

Reminds Murad that gas and electricity do not fall within the legislative domain of provinces

The Sindh government more than a week ago approved the Sindh Covid-19 Emergency Relief Ordinance, 2020 to provide relief to the people and address the challenges emanating from the province-wide lockdown.

The PPP government had claimed that the ordinance would provide equal relief to domestic residential and commercial tenants, employees and daily-wage workers; extending deadlines associated with responding to school fees, rent and utility charges, conduct of trial or indictment and extension of the period for performance of duties by a court or an office.

According to the proposed relief envisaged in the ordinance, no educational institution shall charge more than 80 per cent of the total monthly fees. No employee or worker shall be laid off, terminated or removed and the employee shall be paid salary by the employers. The salary amount and the deduction, if necessary, is given in schedule-I of the ordinance.

All utility providers falling within the territorial jurisdiction of the government shall provide concession (schedule-II of the ordinance) in the utility services to all domestic, residential and commercial consumers.

A landlord shall defer or suspend the recovery of rent of the premises for a payable amount as indicated in schedule-III; provided that the same shall not apply in case where the owner is a widow, differently abled person and senior citizen.

The government may provide exemption in the provincial taxes, duties, fees, cess, levies and charges. In case of non-compliance with the ordinance different penalties have been defined. The Sindh government, however, is seen caught in a tricky situation after the governor questioned its mandate and authority to decide relief in federally-administered areas.

“At this juncture one may refer to Article 157(2)(d) of the Constitution which provides that the government of a province may determine the tariff for distribution of electricity within the province. This provision is in respect of electricity which is supplied to the provinces from the national grid, requiring supply to be made in bulk for transmission and distribution within the province [see Article 157(2)(a) of the Constitution]. Therefore, Article 157(2)(d) of the Constitution is not in relation to any utility bill pertaining to electricity,” said the governor.

The governor then came up with details of relief projects initiated by the federal government in the wake of the coronavirus pandemic and challenges that emerged after the countrywide lockdown.

“May I stress that the federal government has taken extensive steps so as to ease the situation for the people throughout the country so also for the province Sindh, equitably. In this regard you may kindly underscore the following steps taken up by the federal government for the province of Sindh,” said Governor Ismail.

He referred to about 45,000 industrial and 700,000 commercial users of electricity, who had already been given relief besides a similar package announced for small-scale businesses in relation to electricity and extension of relief to the people through the utility stores.

The Sindh governor mentioned repayment of loans through deferred schemes announced by the State Bank of Pakistan and extension of relief to small traders and industrialists for payment of salaries and wages.

“Till date Rs27 billion has been expended through the Ehsaas Cash Emergency Programme. The federal government has provided the Sindh government 504,447 face masks, 290,986 surgical masks, 30,142 N-95 masks, 203,840 KN-95 masks, 148,334 protective gears, 77,992 testing kits, 200 thermal guns, 25,000 VTM and PCR machines,” he added.

He also asked the Sindh administration to appreciate that every day the federal government improvised to provide tangible relief and extend beneficial policies to the people of Pakistan, including Sindh.

“It is the exclusive jurisdiction of the federal government to provide relief in respect of electricity and gas bills, which it has already undertaken. As a continuing process, the federal government will be providing relief to all, including Sindh, without any fear, favour or discrimination,” added the Sindh governor.

Published in Dawn, May 8th, 2020