ISLAMABAD: Amid the ongoing controversy of 26th Constitutional Amendment, the federal government through a separate piece of legislation is likely to lose some of its jurisdiction over the Capital Development Authority (CDA) and transfer its powers to the Ministry of Interior.

The CDA and the interior ministry have formally moved a case for amendments to the CDA Ordinance 1960. Under the package, the ministry will get overwhelming financial powers in the civic agency and development related affairs of the capital city.

These proposed amendments pertain to powers of borrowing, execution of schemes and their finances, creation of funds, besides budget approval, audit, accounts and making rules.

As per the existing CDA ordinance, all such powers are vested with the federal government. If the proposed amendments are passed, these powers will be given to the Ministry of Interior.

Civic body, ministry move summary for changes to CDA Ordinance 1960

The proposed amendments stated that the authority may, with the approval in writing of the federal government, raise funds or its working capital by issuing bonds and debentures carrying interest at such rates as may be approved by (the government).

In the proposed amendments, the CDA also wants to replace the word federal government with administrative ministry, which is the Ministry of Interior.

Similarly, the matter related to Capital Development Authority Fund should be dealt by the administrative ministry instead of the federal government.

Moreover, the CDA’s budget should be approved by the administrative ministry instead of the federal government while auditors should be appointed for scrutiny of the accounts in consultation with the ministry and the Auditor General of Pakistan.

Currently, auditors are appointed by the federal government in consultation with the Auditor General of Pakistan.

Whereas, the as per new proposed amendments, the CDA will submit its yearly reports and returns to the administrative ministry instead of the federal government.

The proposals said that the power of the federal government to make rules should be transferred to the administrative ministry.

Sources in the interior ministry said that recently the CDA board had approved some changes to the ordinance, which will be shared with the law ministry for placing it before parliament for approval.

“We are in the process of sending this summary to ministry of law and justice,” said an official of the ministry of interior, adding that the CDA wants not to go for the federal cabinet for every matter, adding some powers should be given to the ministry to deal with such issues.

Meanwhile, CDA’s letter dated September 26, which was addressed to the ministry of interior, stated that the CDA ordinance was promulgated in 1960 for establishment of the capital city and various powers were conferred upon the federal government to regulate the functions of the authority.

“At the beginning, administrative and policy matters were referred to federal ministry for approval as per provisions of CDA Ordinance.

But the Supreme Court in the Mustfa Impex case declared that the federal government meant the federal cabinet including the prime minister minister,” read the CDA’s summary. It said that now to get approval of the federal government every matter has be referred to the cabinet in the light of the judgement of the Supreme Court.

As a result, much time is consumed during the process.

“To overcome difficulties, it is proposed that the word federal government as indicated in various sections of CDA Ordinance 1960 be replaced with the appropriate authority,” read the CDA summary, which proposed 16 amendments to its ordinance.

Some proposed amendments are related to the interior ministry and in the remaining, the federal cabinet was given clear powers in the light of the SC judgement.

Published in Dawn, October 14th, 2024