The government is worried about the missing 'secret documents' considered vital to prepare reply on the NWFP petition for payment of Net Hydel Profit (NHP) in the Supreme Court, sources in Finance Ministry told Business Recorder.
They said that decision concerning payment of NHP was taken by the Council of Common Interests (CCI) in its meeting held on January 12, 1991 on a summary of December 24, 1990 submitted by Finance Ministry. They said that the Ministry of Water and Power did not accept the CCI decision and resubmitted a summary for review on September 2, 1991. The Council, in its meeting held on September 16, 1991, deferred consideration of the summary.
Now, both the Ministries of Water and Power and the Cabinet Division are worried as the summary is 'missing' from the records of both offices. The Water and Power Ministry is of the view that the summary may have been burnt in Shaheed-e-Millat Secretariat fire incident, while Cabinet Division put all responsibility on the sponsoring ministry, sources said.
"The summary was neither placed before the CCI nor the sponsoring ministry had requested for the same," sources quoted Cabinet Division as saying. In this respect, Cabinet Division has stated that under Article 154(5) of the Constitution, if the federal or provincial government is not satisfied with the CCI decision, it may refer the matter to the Parliament in a joint sitting whose decision in this regard would be final.
"The Ministry of Water and Power/Wapda had the option of referring the matter to the Parliament joint sitting, but according to our record they did not avail this option," sources quoted the Cabinet Division as saying to clear the matter.
However, the President's order No 3 of 1991, issued on June 2, 1991, effective July 1, 1991, contains the following provisions:
(i) The net profit from the bulk power generation at a hydroelectric station located in the provinces would be paid by the concerned undertaking established or administered by the federal government (ie Water and Power Development Authority) to the provinces.
(ii) The federal government would guarantee payment of net profits to the provinces concerned by the above undertaking on a regular basis.
(iii) The CCI, in its meeting held on September 12, 1993 considered a summary of Water and Power Ministry titled "privatisation of Wapda and amendments of Wapda Act 1958" and approved it providing categorical assurances to them under the constitution would not fall below the level at which they would have remained, had there been no privatisation;
(iv) The CCI, in its meeting held on May 29, 1997 considered a summary of the Privatisation Commission titled "privatisation of utilities and other state-owned entities" and decided that share of hydel profit or royalties/gas development surcharge from oil and gas sources, should remain at the level at which it would have remained, had there been no privatisation.
(v) The CCI, in its meeting on December 22, 1998 considered a summary of Ministry of Water and Power regarding amendments to the Wapda Act and approved the proposed amendment to Wapda Act 1958 and providing categorical assurance to the provinces that the hydel profits payable to them under the constitution would not fall below the entitled level, had the amendment not taken place.
Sources said that the Cabinet Division has asked the Finance Ministry to keep all facts in view while preparing a reply to the points raised in its suit by NWFP government. The Cabinet Division has also authorised the Ministry of Water and Power to represent the Cabinet Division through Attorney-General.