The Punjab Social Welfare, Women Development and Baitul Maal Department has moved a summary to the cabinet for an amendment in the Punjab Social Services Board (PSSB) Ordinance 1970, which is aimed at conferring powers of nomination of the board, including powers to nominate its chairman/chairperson upon the CM instead of governor in consonance with the 18th Amendment.
According to a summary forwarded by Punjab Social Welfare Secretary Fazal Maken, an amendment was required in section (4) subsection (2) of the ordinance. The CM, in his capacity as minister for social welfare, approved the proposed amendment for approval of the cabinet. The existing section 4 sub section 2 reads, “The governor of the province shall be the president of the board and shall act as such in his individual capacity.” It was proposed to be replaced as, “The chief minister will be the president of the board and shall act as such in his individual capacity.” The Punjab Social Services Board Ordinance was promulgated in 1970 to coordinate and integrate social welfare programmes and provide an opportunity to citizens at large to participate in social welfare movements.
The ordinance was amended in 1994 and 2004 through Act III of 1994 and Act XXII of 2004 respectively. Section 4(4) says, “The president shall nominate a person as chairman of the board.” As such, the governor in his individual capacity has the authority to nominate chairman of the board, as per above referred provisions of law. In consonance with the 18th Amendment, whereby additional powers and functions have been devolved to the provincial governments, the need was felt to confer powers of nomination of the board, including powers to nominate its chairman/chairpersons upon the CM instead of governor through amendment in the PSSB Ordinance 1970. The Punjab Law Department has also approved this contention.
According to a summary, the CM had constituted a committee to examine the Punjab Social Service Board Ordinance. The committee members included secretary law and parliamentary affairs, secretary social welfare, secretary regulations, S&GA department and secretary public prosecution department. The committee had proposed, “The government may approve in principle the initiation of summary by the social welfare department for amendment in the ordinance of 1970 conferring powers of nomination of the board, including the power to nominate chairman upon the government.” Subject to approval of the cabinet, the CM might also allow introduction of the draft bill in the Punjab Assembly in terms of Rule 33(7) of the Punjab Government Rules of Business 1970.
