ISLAMABAD: The federal government is mulling over new legislation to give legal cover to members of the Capital Development Authority (CDA) board.

Last month, the government got an extension to the presidential ordinance under which the incumbent members had been appointed.

According to the existing CDA Ordinance 1960, a civil servant cannot be appointed as a member of the board. However, the federal cabinet a few months ago amended the ordinance to pave the way for induction of civil servants in the board after promulgating a presidential ordinance.

Before the expiry of the ordinance in 120 days, the government last month got an extension to it for four months. Now, it is binding on the government to complete the legislation from parliament till the second week of September.

Extended presidential ordinance has to be made law by second week of September, official says

“We are moving the case for an amendment to the CDA ordinance from parliament,” said an officer of the federal government.

He said in case the government could not get the amendment approved from the parliament, the status of the amended clause of CDA ordinance through the presidential ordinance will be restored and the appointment of the incumbent members will be declared unauthorised.

“After the recent extension, the appointment of the members is legal for four months and by that time we are hopeful that the ordinance will made part of the statute by parliament,” said the officer.

Currently, the CDA board comprises a chairman and four civil servants and as many members from the private sector, who are serving as non-executive officials.

The chief commissioner is a member of the CDA board by virtue of his position and subsequently he heads the CDA. The four civil servants are serving as members finance, engineering, planning and administration.

Sources said the four members could face an issue if the legislation was not carried out within four months.

“The chief commissioner is by virtue of his post is a member of the CDA board and due to this his appointment is legitimate while four members from the private sector are also in accordance with the CDA ordinance. Technically, the appointment of the four civil servants is also not illegal as the ordinance has been amended. However, after the lapse of four months if a new legislation is not done, they could face an issue,” said the officer.

A couple of years ago, Islamabad High Court while pointing out violations of the CDA ordinance had directed the government to make appointment in accordance with the rules.

Appointment of non-civil servant means the government could appoint the CDA board members and its chairman through a competitive process from the market, the court had ruled.

Following the IHC orders, the interior ministry initiated a process for appointing the CDA chairman and members through a competitive process and called applications. But later the process was halted.

Later, the cabinet decided that instead of appointing the members through the competitive process experts from the private sector should be included in the CDA board as non-executive members.

The federal cabinet had approved deletion of section 8 (f) of the CDA ordinance which was related to disqualification of the members.

Published in Dawn, June 9th, 2021