Proposed amendments in Irsa Act 1992: Federal govt wants to get hold of water regulation

ISLAMABAD: The newly proposed amendments in the Indus River System Authority (IRSA) Act 1992 and the proposed changes in the composition of the Water Regulator that regulates and distributes the water among the four federating units under the Apportionment of Water Accord 1992, has not only infuriated the lower riparian province of Sindh, but also pained Balochistan as the federal government wants to get hold of water regulation through a government of scale 21 across the country which serves nothing but to weaken the federation, senior official of one of four provincial irrigation departments told The News.

Sindh and Balochistan provincial assemblies have already rejected the proposed amendment to the Indus River System Authority (IRSA) Act, calling the move as a violation of provincial autonomy and the Constitution, but the Central government seems not willing to withdraw the proposed amendments in IRSA Act 1992.

Under the existing composition, IRSA comprises four members each nominated by the relevant province and the slot of chairman of IRSA rotates among the provinces for three years each and in addition, there is also federal member and this is how every province gives ownership to the system, but now under the proposed composition as per the draft prepared by the federal government of Pakistan Muslim League-N available with The News, the Authority shall comprise a chairman and four members, each member to be nominated by each chief minister of the respective provinces from amongst high-ranking engineers, with relevant engineering, irrigation or related experience as may be prescribed.

The authority shall have an independent experts committee, comprising the secretary Technical, who shall serve as the convener of the Committee, two experts, having experience in hydrology, hydraulic modelling, or related engineering fields, two experts, having experience in GIS, Remote Sensing, irrigation, or related engineering fields, and such other experts, having requisite experience in other related engineering or modern fields, as may be deemed necessary or expedient to resolve the issues related to water on technical and scientific grounds.

The chairman shall be an employee of the federal government, who is serving or has served in BPS-21 or equivalent or above, to be appointed by the prime minister, with such engineering experience and on such terms and conditions as the prime minister may determine, from time to time. “This means that members from the provinces would never become the chairman of IRSA and the province of Sindh for which water is too much sensitive issue and less than life and death for it would not have any say in the new shape of IRSA.

When the draft says the chairman shall be an employee of the federal government, who is serving or has served in BPS-21 or equivalent or above it can be inferred that chairman of IRSA can be a serving or a retired bureaucrat and he can also be a serving military officer or retired one,” the officials said.

However, according to the proposed draft, from amongst the members, each member shall, on the basis of rotation, serve as the vice-chairman of the Authority for a term of one (01) year. Upon commencement of this Act, the first vice-chairman of the Authority shall be the member nominated by the chief minister of Balochistan, to be followed by the nominees of the chief ministers of Khyber Pakhtunkhwa, Punjab, and Sindh and thereafter in that order.

The term of office of the chairman shall be 4-year and that of a member three years. Any member and the chairman shall be eligible for re-appointment for one or more terms or of such shorter term as the chief minister or, as the case may be, the prime minister may decide. The prime minister, by notification in the official Gazette, after providing an opportunity of being heard and in consultation with the provincial government concerned, where applicable, remove the chairman or any member, if he (chairman or member) refuses or fails to discharge or, in the opinion of the prime minister, becomes incapable of discharging his responsibilities.

The premier can also remove the chairman if he is declared insolvent by a competent court; or he is declared to be disqualified for employment in, or has been dismissed from, the service of Pakistan or of province, or has been convicted by a competent court of an offence involving moral turpitude. A Provincial Government, any Member or the Water and Power Development Authority may, if aggrieved by any decision of the Authority, make a reference to the Council of Common Interests (CCI).

The chairman and any member may, by writing under his hand, addressed to the Government of Pakistan (secretary of Ministry of Water Resources), resign from his office of the Authority. Provided that such resignation shall not take effect until it is approved by the prime minister. The chairman or, in his absence, the vice-chairman shall preside over the meetings of, and represent, the Authority.

In the absence of the vice chairman, the member next due for appointment as vice chairman shall act as the vice chairman. In the absence of a member representing a province, the secretary, Irrigation Department of the province shall represent that province.

The Authority may, on the recommendation of the chairman, co-opt such other members as may be deemed necessary, from time to time. The chairman of the Water and Power Development Authority, Chief Engineering adviser or their nominees, and the co-opted members shall be ex-officio members of the Authority, but they shall have no right to vote. There shall be a secretariat of the Authority, which shall be headed by the Secretary Technical, and consist of such other officers, employees and consultants, as the chairman may, from time to time, deem necessary for discharging the functions envisioned under this Act.

The Authority shall meet at least once in every month at such time and in such manner as may be specified by regulations, provided that until regulations are made in this behalf, such meetings shall be convened by the chairman as he deems necessary.

The Authority may declare a location or installation to be of strategic importance for water accounting purposes.

For protection, safeguard and securing of any location or installation that has been duly declared to be of strategic importance under this Act, the chairman may request the federal government to provide requisite assistance through the Armed Forces of Pakistan, or other law enforcement agencies, as may be required, from time to time.