EDITORIAL: We have many good laws but implementation is either weak or lopsided. The Punjab government is in the process of putting in place a supreme provincial authority via a fresh legislation to ensure enforcement of three laws, namely The Colonisation of Government Lands (Punjab) Act 1912; The Punjab Prevention of Hoarding Act, 2020; and The Price Control of Essential Commodities Act, 2024.
All three laws provide for implementation mechanisms, but application is abysmal. Land grabbing, hoarding of essential commodities, and overpricing of all sorts of items go on unchecked and uncontrolled. As per the proposed legislation entitled “The Punjab Enforcement and Regulation Act, 2024”, an 18-member board is to be set up comprising 10 senior bureaucrats, four elected members of the Punjab Assembly, including the chief minister, and four independent members to be appointed by a non-representative selection panel.
On the face of it, the proposed legislation is a right step in the right direction, but the devil is always in the details. The proposed board’s composition, powers and raising of new police force have already started to draw sharp criticism from lawmakers in the provincial assembly’s standing committee deliberations.
They have rightly taken issue with several provisions of new legislation, such as that the board is to be dominated by bureaucrats rather than elected public representatives. And in the absence of the CM, the chief secretary is to preside over the board meetings, and hence supported by his ten subordinates will be in position to arbitrarily make decisions that are the prerogative of legislators.
The bill also gives indemnity to the government, the proposed authority, any of its members or employees for acts of omission and commission “done in good faith.” This is understandable considering that in the past the National Accountability Bureau (NAB) had dragged some civil servants to accountability courts for sanctioning certain projects and plans allegedly found to be involved in corruption scandals.
But also to be established are “enforcement stations” parallel to traditional police stations, with the authority to conduct inspections, patrolling, search any person or a vehicle, seize articles and goods, and make arrests – all functions of the regular police.
That requires substantial funding at a time the government is cash-strapped. The government has already approved Rs. 17 billion, including Rs 4.521 billion for the procurement of transport, equipment, and gadgets for the ‘enforcement stations’ besides an annual recurring operation cost of Rs. 7.618 billion. Also concerning about this particular provision is that it puts the police under bureaucracy’s control in utter disregard of the much lauded 2002 Police Order.
None of this makes sense. The subject legislation may be good intentioned, but is deeply flawed in its present form. There is no need to induct so many bureaucrats in the proposed board, except the chief secretary. Majority of its members should be legislators proportionate to their numbers in the assembly. Equally important is inclusion in it of officials from the departments concerned to improve efficiency through better coordination. That can better deliver the desired results than the present scheme of things.
Copyright Business Recorder, 2024
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