Legislative solutions: Gas theft ordinance tabled in Senate

Legislation proposes gas utility coats in districts.

ISLAMABAD:

The government on Friday tabled the Gas (Theft, Control and Recovery) Ordinance, 2014 in the Senate in a bid to get it passed from the house.

The ordinance was issued by the president on January 23, 2014 to curb the menace of gas theft and provide for the prosecution of cases of gas theft and other related offences. It was also intended to chalk out a procedure for the expeditious recovery of outstanding amounts.

The house letter referred the ordinance to the standing committee concerned for further discussion on the matter.

The ordinance recommends that the provincial high courts having territorial jurisdiction may establish as many gas utility courts in a district as they may deem necessary for the purpose and may appoint a judge for each such court from among the district and sessions judges in that district.

It was also recommended in the ordinance that a gas utility court shall exercise jurisdiction in respect of a case in which the claim, fine, penalty, sum due or matter in dispute does not exceed Rs5 million or for the trial of offences under this ordinance.

Besides this, all proceedings pending any other court, including suits for recovery, shall stand transferred to the gas utility courts.

Procedure for complaints

According to the draft of the ordinance, in the instances that a person is involved in any offence under this ordinance a gas utility company may file a complaint or suit before the gas utility court.

Disposing suits

A suit in which leave to defend has been granted to the defendant shall be disposed of within 90 days from the day on which leave was granted. In case proceedings continue beyond the said period, the defendant may be required to furnish security in such amount as the gas utility court deems fit.

Upon pronouncement of a judgment and decree by a gas utility court, the suit shall automatically stand converted into execution proceedings without the need to file a separate application and no fresh notice needs to be issued to the judgment debtor in this regard.

Any person aggrieved by the judgment of a gas utility court may file an appeal to the high court within 30 days.

Published in The Express Tribune, February 15^th, 2014.