Govt repeals quick energy supply act
Contracts made under the act still valid, says ordinance
The government has repealed the Quick Enhancement of Electricity and Energy Supply (Special Provision) Act, 2010, following an approval from the advisory council.
However, despite the repeal, all existing contracts made under the act will remain valid.
The Ministry of Law, Justice and Parliamentary Affairs on Thursday (28 November) issued an ordinance in this regard.
Despite the repeal of the act, the existing proceedings under the act shall continue as if the act had not been repealed or abolished, says the ordinance.
In addition, the government can conduct any review or initiate action in line with the now-defunct act.
Earlier, on 20 November, the advisory council gave in-principle and final approval to a draft proposal for promulgation of the Quick Enhancement of Electricity and Energy Supply (Special Provision) Act, 2010.
There are allegations of plundering public money through various activities carried out in line with the quick energy supply act during the Awami League regime.
Following the fall of the Sheikh Hasina-led Awami League government, the incumbent interim government had postponed the act.
"The decision was made due to widespread corruption and mismanagement associated with the power generation contracts under Section 6 of the act, as well as a High Court ruling on 14 November declaring Sections 6(2) and 9 of the Act illegal," the Cabinet Division then stated.
On 14 November, the High Court declared the immunity provision in Section 9 of the Quick Enhancement of Electricity and Energy Supply (Special Provision) Act, 2010 as illegal and unconstitutional, reports UNB.
According to Section 9 of the act, no question can be raised before any court regarding the validity of any action, or any action deemed to have been done, any action taken and any order or direction given under this act.
Section 6(2) of the act reads that any planning or proposal related to the buying or investment decisions has to be approved by the energy minister and sent to the cabinet committee for approval after communicating and bargaining with one or more institutions following Section 7 of the act.
The quick energy supply act was first enacted in October 2010 to tackle the country's pressing energy needs and to reduce the frequent power shortages that were occurring at that time.