Govt introduces bill in NA for ‘umbrella’ privatisation entity, seeking immunity for officials of bodies being merged
https://www.dawn.com/news/2039826
The Pakistani government has introduced a bill in the National Assembly to establish a Privatisation and Public-Private Partnership Commission (PPPPC), merging the existing Public-Private Partnership Authority (P3A) and Privatisation Commission. This new entity aims to eliminate duplication of functions and processes by consolidating all related institutions under one roof.
The proposed legislation seeks to grant legal and investigation immunity to current and former officials, including chairmen, secretaries, board members, and consultants, from any acts of omission or commission in good faith and in their personal capacities. Public funds will be used to cover any legal cases that arise from these immunity provisions.
The commission will be led by incumbent chairman Muhammad Ali and will predominantly consist of private sector members, with at least two women in key positions. The proposed Privatisation Commission will manage four public funds, including the privatisation fund, public contributory fund, viability gap fund, and PPP project development funds.
The government argues that the current privatisation and public-private partnership frameworks entail duplication of efforts, making a single institutional framework necessary for efficient operations. The bill proposes reconstituting the Privatisation Commission as the PPPPC, repealing the Public Private Partnership Authority Act 2017, and dissolving the P3A.
The new commission will have a majority of independent members, including those with PPP experience, fixed terms of office, and clear grounds for disqualification and removal. The bill also empowers the commission to oversee various aspects of PPP projects, such as advising, appraising, structuring, monitoring, and establishing the viability gap fund, PPP project development facility, and public contribution fund.
It will also be responsible for settling disputes and setting up PPP nodes within government agencies. The law enables the commission to use the public contribution fund to meet any government obligations related to PPP projects, ensuring non-lapsable funds. All existing P3A contracts will be transferred to the new commission without disadvantage to private parties, and the commission has the power to request government agencies to submit a complete list of their projects within fifteen days.
Failure to comply with such requests may lead to referral to the relevant ministry or division for compliance.
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