Sindh wrests power to appoint CM’s advisers from governor

Sindh cabinet approves the minimum purchase price of sugarcane at Rs182 per 40kg

KARACHI: In the aftermath of the row between the Sindh Chief Minister and governor over the appointments of advisers in the province, the Sindh cabinet withdrew on Thursday the Governor's authority to approve the summary for the induction of advisors in the province. After the 18th Amendment, the Sindh CM may appoint only five advisers in his cabinet.

As per protocol, the Sindh Chief Minister sent the summary to the governor to seek his approval for the appointments. After the governor's approval, the Services, General administration and Coordination department of the Sindh government issued the notification.

The dispute

According to sources, the dispute over the appointment of advisers emerged when the CM Syed Murad Ali Shah recommended Aijaz Jakhrani's name as his adviser and sent the summary to Governor Imran Ismail. The governor, however, refused to approve the summary and asked the CM to appoint an adviser for him too.

"The governor sent a name for his adviser to the CM's secretariat, but CM Shah refused because after the 18th Amendment, the governor is not entitled to have an adviser," a senior official in the Sindh government told The Express Tribune, while requesting anonymity.

"An adviser for the governor would mean that the Sindh government would have to bear all the expenses, including their salary, perks and privileges. So, the CM bluntly refused."

The official's version was corroborated by an official of the Services, General Administration and Coordination department, who also spoke on the condition of anonymity. "Before the 18th Amendment, the governor was in-charge of universities and boards. Now, the post of governor is ceremonial and has no powers, which have been transferred to the CM. So his demand for an adviser is nonsensical."

After the chief minister's refusal, Governor Ismail withheld Jakhrani's summary for around three to four months. "A few days ago, Jakhrani was appointed as adviser, which is why the Sindh government has decided to withdraw the governor's powers," sources said.

Despite repeated attempts, neither the governor nor his spokesperson could be reached for comment. On the other hand, Sindh Information Adviser Barrister Murtaza Wahab said that the cabinet had approved an Amendment in the Advisers (Appointments, Powers, Functions, Salaries, Allowances and Privileges) Act, 2003. "Cabinet has referred this matter to the Sindh Assembly. After this law, the CM would be able to appoint advisers as provided under Clause (II) of Article 130 of the Constitution," he said.

The cabinet meeting was attended by Chief Secretary Syed Mumtaz Shah, all the ministers, advisers and other relevant officials.

There were 14 items on the agenda of the cabinet meeting. As the meeting commenced, CM Shah, who was presiding the proceedings, said that the federal government had only transferred Rs406 billion against Sindh's share of Rs526 billion in the nine and a half months of the current fiscal year. This has badly affected development endeavors of the provincial government, he said.

Compensation

The Sindh cabinet also discussed and approved three compensation cases for the heirs of martyred policeman Farooq, three labourers who were killed in Larkana and for the affected people of Thar coal and Gorano Dam.

The chief minister told the cabinet that police constable Farooq, who died in the attack on Mufti Taqi Usmani on March 22, 2019, had seven children, including three who were visually-impaired. He also provided for his widowed sister's family. The CM added that after his official duty, he used to mend punctures at a bicycle puncture shop.

The chief minister said that he has recommended a grant of Rs10 million, two jobs and one plot for the family of PC Farooq. "I am also recommending an additional grant of Rs10 million as compensation for the legal heirs of PC Farooq so they can lead a respectable life," he said. The cabinet approved the compensation.

The cabinet was told that three labourers, Waheed Gul, 60, Raees Khan 41, and Arbab Gul, 36 were killed in Naudero, Larkana district, on February 13, 2019.

The chief minister recommended Rs1,500,000 compensation for the legal heirs of the deceased at a rate of Rs500,000 each. This too was approved by the cabinet.

The cabinet also approved Rs77.5 million compensation at the rate of Rs100,000 per annum for each of the 471 affected families of Thar Coalfield Block-II and 757 families of Gorano Dam. The government has allocated Rs900 million and the remaining amount of Rs822.5 million would be released in the next installment.

Sugarcane price

On the request of the agriculture department, the Sindh cabinet approved the minimum purchase price of sugarcane for crushing season 2018-19 at Rs182 per 40kg. The sugarcane season would star from November.

Explosives Act

The cabinet also approved the enactment of 'The Sindh Explosives Act, 2019', in which "punishment for causing an explosion likely to endanger life or property, punishment for attempt to cause explosion, or for making or keeping explosive material with the intent to endanger life or property, punishment for making or possessing explosives under suspicious circumstances, powers to make rules as to licensing of the manufacture, possession, use, sale, transport, import and export of explosives" have been defined. The bill was referred to the assembly and the home secretary was directed by the cabinet to frame the rules.

Delegation of powers

The cabinet, on the recommendation of the home department, delegated the powers of granting B-Class facilities to convicted prisoners under Rule 245 of Pakistan Prisoners Rules 1978 to the home secretary. Earlier, these powers were with the chief minister. The chief minister, with the approval of the cabinet, also delegated the powers of granting temporary parole to convicted prisoners to attend the marriage ceremony of blood relatives under Rule 223-A of Pakistan Prison Rules 1987. These powers were also with the chief minister.

Sindh govt allots land

The Sindh cabinet also approved the transfer of some pieces of land acquired for the Sindh Engro Coal Mining Company (SECMC) for coal mining, construction of a power plant and allied facilities for the same purpose.

Since the Sindh government owns 54 percent shares in SECMC, the land acquired by SECMC was required to be approved by the cabinet to transfer it for mining purposes. 

Published in The Express Tribune, April 26^th, 2019.