The government has decided to approach the Qatari government to assess the latter's intent to invest in Pakistani's aviation sector and other areas as discussed during a meeting between Prime Minister Imran Khan and the Emir of Qatar, well-informed sources told Business Recorder.
This decision was taken at one of the recent Cabinet meetings when the issue of delegation of power-amendment in Civil Aviation Rules, 1994 came under discussion.
According to sources, members of the Cabinet raised the matter of foreign particularly Qatari investment in the aviation sector. It was emphasized that the policy relating to private investment and partnership needs to be clear to attract foreign investment. It was further suggested that the invitations for 'expression of interest' made in the past needed to be reviewed to see whether they provided sufficient incentives for investors.
The Cabinet directed the expression of interest be shared with the Board of Investment with a view to seeing whether the proposed incentive structure was appropriately attractive for foreign investors.
The federal capital was abuzz with speculation at the end of the Qatari Emir's visit to Pakistan earlier this year that he was unhappy at Prime Minister Imran Khan's refusal to consider providing some relief to the Sharif family.
Aviation Division, in a summary submitted that the Aviation Rules, 1994, derive force from the powers conferred by sections 4,5,7 and 8 of the Civil Aviation Ordinance, 1960(XXXII of 1960) section 26 of the Pakistan Civil Aviation Ordinance, 1982(XXX of 1982), section 10 of the aircraft ( removal of danger to safety) Ordinance, 1965 ( XII of 1965) and section 4 of the Telegraph Act, 1885( XIII of 1885.
Section 15-A of Civil Aviation Ordinance, 1960 stipulates that the federal government, may, by notification in the official gazette, direct that any power conferred upon it by this Ordinance or any rules made thereunder shall, in such circumstances and such conditions, if any, as may be specified in the notification, be exercised by an officer or authority so specified".
Rule -177, 185, 341(b) and 342 of Civil Aviation Rules, 1994 stipulates that the "federal government" is competent to approve and grant various kinds of licences to airlines to carry out flight operations and their renewals/ cancellations.
The powers of federal government were being exercised by the Secretary since long. However, the Supreme Court in its judgment, reported as PLD 2016 SC 808, ordered that where the word "federal government" has appeared in the Constitution/ Legislation/ Acts, approval of the Federal Cabinet is mandatory. In compliance, all issuances, renewal licence cases, which are routine in nature, are now submitted to federal government with the appropriate authority in the Civil Aviation Ordinance , 1960, the Pakistan Civil Aviation Authority Ordinance 1982 and in the Civil Aviation Rules 1994 are under process in the Ministry of Law and Justice.
On a reference relating to section 15-A, Ministry of Law and Justice has clarified that the law is very clear and is without any ambiguity that the federal government can delegate its powers to any officer or authority subject to such conditions and in such circumstances as it may deem appropriate to an officer or authority. It has further been clarified that the words officer or authority cover the Minister and the Secretary.
Aviation Division, therefore, sought approval of the Cabinet to the delegation of powers from federal government to the Minister or Secretary of the concerned Division to issue/ renew// cancel licences mentioned in Rule 177, 185, 314(b) and 342 of the Civil Aviation Authority Rules, 1994.
After a detailed discussion, the cabinet decided that power to renew existing licences shall be delegated to the Federal Minister for Aviation, while cases of issuance of new licences and cancellation of existing licences will continue to be brought before the federal government for consideration and decision.
Copyright Business Recorder, 2019
Comments
Comments are closed.