Source The News:
ISLAMABAD: After the Supreme Court judgement in LNG case which referred to Public Procurement Rules 2004, the Transparency International Pakistan (TIP) has asked Defence Housing Authority (DHA) to implement the rules as these were also applicable on DHA.
Syed Adil Gilani, Chairman TIP, has formally asked Brigadier (R) Javed Iqbal, Administrator DHA Islamabad, to confirm that Public Procurement Rules 2004 were implemented by DHA Islamabad as these rules have been referred by the Supreme Court in its recent judgment.
The letter written by the TIP to DHA, a copy of which has also been sent to the army chief, says: �1. In accordance with Defence Housing Authority Islamabad Ordinance, 2007, re- promulgated in 2010, DHA Islamabad is required to follow government rules to enter into any contract, and thus PPRA Ordinance 2002 and Public Procurement Rules 2004 are applicable. The relevant article of DHA Islamabad Ordinance 2007 and 2010 is quoted below;
Article 8 The Board may;
(f) enter into contracts or any type of arrangements with any local or foreign entity for carrying out the purpose of this ordinance, government rules on the subject will be observed;
2. The purpose of this ordinance is prescribed in Article 8, which are defined as powers, duties and functions of executive board.- (1) Subject to other provisions of this ordinance, the executive board may take such measures and exercise such powers as may be necessary for carrying out the purposes of the ordinance, without prejudice to the fundamental rights of the people and to the generality of the foregoing powers, the executive board may, (a) purchase or procure any land in a accordance with the law and the government rules on the subject, and where it pertains to Islamabad Capital Territory shall confine itself to zones 2 and 5 or any other zone so prescribed by CDA for private housing schemes: Provided that in such schemes in Islamabad Capital Territory, the authority shall observe the rules, regulations, bye-laws, etc, framed by CDA; (b) undertake any works in pursuance of any scheme or project; (c) incur any expenditure and (d) procure plant, machinery, equipment, instrument and necessary materials;�
TIP has also requested DHA to provide tender information of a few agreements signed by DHA with Emaar properties and others.
The letter further states: �We quote below the landmark judgment announce by the Supreme Court on 28th April 2010, in the suo motu case of award of multi-billion dollar LNG contract to GDF-Suez, in which the court announce that it is the duty of the court to ensure the application of Public Procurement Rules 2004. Here we may observe that it is duty of the court to ensure that the Public Procurement Regulatory Authority Ordinance 2002 read with the Public Procurement Rules 2004 are adhered strictly to exhibit transparency.
It is universally recognised principle that such type of transactions must be made in transparent manner for the satisfaction of the people, who are the virtual owners of the national exchequer, which is being invested in these projects.�