KARACHI, Jan 11: Sindh Secretary Local Government has moved a summary to the chief minister about the ambiguity prevailing in devolution of the Karachi Building Control Authority to the city government.

It is pointed out in the summary that the devolution of the KBCA was based on the recommendations of the committee formed by the provincial government. The committee, headed by ACS (Dev), on restructuring, reorganization, regrouping and merging of departments at provincial level presented its recommendations and after the approval of competent authority, Sindh government agreed to devolve the KBCA to city government under Sindh Local Government Ordinance (SLGO) 2001, it mentions.

It was proposed that the nucleus office would be set up in city government and other offices in 18 towns through notification No. SO (Land) HTP/KBCA/3-25/2001 in Oct 2002, it says.

The summary states that the role and functions assigned to the KBCA under Sindh Building Control Ordinance 1979 and Karachi Building Control Licensing Regulations 1982 were devolved to towns except a few, which were assigned to nucleus office in city government.

The nucleus office in city district government was assigned regularization of 260 buildings constructed in violation of law/ regulation under Sindh Regulation and Control (use of plots and construction of buildings) 2002. Besides, building bylaws and regulation updating would be done with co-ordination of various committees, it adds.

Whereas building control functions in each town would be performed by a Town Building Control Officer (TBCO)/ Controller of Building (COB) in BS-19/BS-18 as the case may be. Each town according to workload was to be provided with one District Controller Buildings (DCB), one Assistant Controller of Building (ACB), Building Controller and complimentary staff.

The above devolution order, however, could not be implemented as the chief controller of building raised objections and pointed out practical difficulties, it adds.

The chief controller was designated as DO Building under devolution plan and was placed under the EDO Works and Services Group of Offices, however, it is fact that Sindh Building Control Ordinance 1979 and Karachi Building and Town Planning Regulation are still enforce and have not been repealed despite the promulgation of Sindh Local Government Ordinance 2001.

The chief controller of building has now submitted a proposal to resolve the controversy of city government through a letter, which was forwarded to the DCO for his comments.

In response to this proposal, City Nazim said that the proposal of KBCA chief could not be agreed upon, which was against the policy of government regarding devolution. The City Nazim further suggested that the KBCA chief might be advised to comply with the notifications in words and spirit being an employee of the government, it adds.

"He suggested that it would be appropriate to move the issue to law department for legal opinion and chief minister could take step in view of legal opinion tendered by the law department" it adds. The copies of summary has also been moved to the adviser to chief minister on local bodies, secretary law and chief secretary. -PPI