Alternative Energy Development Board is a statutory organization established under AEDB Act, 2010 under the administrative control of Ministry of Energy (Power Division). The AEDB acts as a representing agency of the Federal Government with the main objectives of facilitating, promoting and encouraging development of Renewable Energy in Pakistan.
The incumbent CEO of AEDB (Amjad A Awan) was appointed in May, 2015 with the approval of the Prime Minister, after a competitive process. Establishment Division notified the appointment of CEO AEDB on 18-05-2015 in terms of Section-5 of AEDB Act, 2010. Relevant provision of the Act is reproduced below:
Under the terms and conditions of office of the Chief Executive Officer (CEO), the Chief Executive Officer shall be appointed by the Federal Government and the terms and conditions of the Chief Executive Officer, his remuneration and privileges shall be such as may be determined by the Federal Government.
The officer joined AEDB on 20-5-2015 and the draft terms and conditions for appointment of CEO, AEDB were subsequently conveyed to Establishment and Finance Divisions for concurrence. AEDB Act, 2010 is silent on the length of tenure of the CEO, therefore, the draft terms included a tenure of 03 years for the CEO. While preparing the terms and conditions, it was duly considered that as a general principle and as per various precedents available in this Division and also in the Federal Government, heads of almost all organizations are appointed for a maximum period of three years.
Establishment Division, in consultation with Finance Division, advised to furnish Service Rules of AEDB in the first phase as mandated under Section-18 of the AEDB Act, 2010 to determine the terms and conditions for the post of CEO AEDB. AEDB was intimated accordingly, however, the organization stated that it is a corporate body as laid down in the Act and that AEDB has framed their regulations with approval of their Board and various matters in the organization are being administered through the said Regulations.
As per Para-2 (viii) of draft terms and conditions communicated to Establishment Division on 02.09.2015, the CEO AEDB has completed the tenure of three years on 19.05.2018 before the expiry of this tenure, a summary for the Prime Minister was moved on 08.05.2018, seeking approval for fresh recruitment. In response to the summary, the Prime Minister's office conveyed the decision of extension of one year in the tenure of Amjad Awan, CEO AEDB with effect from 20.05.2018.
It may be noted that the only competent forum for such an extension is the Federal Government/ Cabinet as per Section 5 of the AEDB Act, 2010. This position was accordingly conveyed to Establishment Division vide this Division's OM dated 20.06.2018; in response, the Establishment Division intimated that the Ministry of Energy (Power Division) may submit a summary to the Federal Cabinet for consideration and undertake corrective action by following the procedure for submission of the Summary for the Cabinet. Thus, it is clear that working of CEO AEDB without having approval of the Federal |Cabinet is irregular beyond expiry of his tenure of three years. AEDB is being directed to recommend the service rules through their Board as per Section 18 of the AEDB Act, 2010 within 01 month for approval of the Federal Government.
In view of the above elaborated position, approval of the Cabinet is solicited for the following proposals:
The process for appointment of new CEO, AEDB may be initiated on immediate basis. The advertisement in this regard must indicate specific tenure of three years for the posts. The recruitment shall be completed within a period of the three months.
The period of the incumbent CEO, AEDB in office since 20.05.2018 till date may be regularized. The officer may be allowed to continue for an additional period of three months with immediate effect or till the recruitment of the new CEO, whichever is earlier.
The Selection Committee for the post of CE AEDB may be approved. Selection Committee included Minister for Power Division, (Convener); Secretary, Power Division, (Member); Additional Secretary, Power Division, (Member); Additional Secretary, Establishment Division (Member) and A renowned professional from the Private Sector (to be subsequently nominated with the approval of Minister for Power) (Member).
Cabinet is also expected to grant extension in the tenure of current Board of Directors of Pakistan Tobacco Board (PTB) and selection of one member of the National Tariff Commission (NTC).
The Cabinet will approve MoU between National Defence College of the Oman and National Defence University of Pakistan on academic cooperation and scientific research.
Cabinet will also take up the issue of ex-post facto approval to appointment of Rear Admiral Ather Saleem on deputation as Managing Director Karachi Shipyard & Engineering Works (KS&EW).
Cabinet is likely to grant approval to the payment of fourth capital installment of Asian Infrastructure Investment Bank (AIIB) supplementary grant. Cabinet will also take up summary of the Establishment Division on the posting of Secretary Trade Development Authority of Pakistan.
