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The Sindh Government has drafted Sindh CNG Kit & Cylinder Fitness Authority Act, 2019 and will present it in the provincial assembly soon. Additional Advocate General Sindh told a division bench of SHC headed by Justice Muhammad Ali Mazhar, which heard the identical petitions related to CNG cylinders in schools and public transport. Provincial attorney also submitted a copy of the proposed bill in the court.
The court heard the arguments presented by Syed Shayan Ahmed, Tariq Mansoor and Muzammil Mumtaz Meo advocates in the identical petitions. According to the order of the court, the Supreme Court has already given certain directions with regard to CNG cylinders and public service vehicles and mentioned that detail mechanism has been laid down but unfortunately it has not been implemented in letter and spirit.
Additional Advocate General has also shared the notification with the court whereby, Rule 73-A has been added in Motor Vehicles Rules 1969 to deal the CNG issues in the school vans and public service vehicles but at the same time, counsel for the petitioners pointed out Section 44 of the Motor Vehicle Ordinance and submits that school vans are exempted from the operation of sub-section (1) of section 44 in which strict compliance is required to be made for the public service vehicles with regard to the fitness certificate.
The court directed Additional Advocate General to assist on this point with regard to the inconsistency and repugnancy apparently visible in Rule 73 of the Ordinance vis-à-vis Section 44 of the 1969 Ordinance.
DSP Dr Najeeb on behalf of DIG Traffic has also given a proposal that school vans shall also be treated commercial vehicles and a provision may be made for granting them fitness certificate so that at the time of issuing fitness certificate their CNG Cylinder may be examined whether all safety measures are complied with or not.
Court observed that the situation will be slightly different or improved if proper law is legislated and remarked that Sindh Government is not giving any priority to this crucial issue.
The court directed Additional Advocate General to call Additional Secretaries, College Education & School Education and Additional Secretary Law, Secretary Board of University in the next hearing. Court also put the Chief Inspector (Explosive) on the notice by putting off the hearing of the case by putting off the hearing till September 19, 2019.

Copyright Business Recorder, 2019

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