Rs15 ePay Punjab fee under legal fire, Judicial activism panel demands refunds

JAP Chairman and Supreme Court Advocate Muhammad Azhar Siddique has formally approached the Governor and Chief Minister of Punjab

LAHORE: The Punjab government’s flat Rs15 charge on transactions made through the ePay Punjab platform has come under legal scrutiny, with the Judicial Activism Panel (JAP) demanding that authorities disclose the law under which the amount is being collected from citizens.

JAP Chairman and Supreme Court Advocate Muhammad Azhar Siddique has formally approached the Governor and Chief Minister of Punjab, questioning the statutory basis of what is described on the platform as a “Government Platform Charge.”

The panel has sought clarification on whether the Rs15 amount constitutes a tax, fee or service-related collection charge. Siddique argued that government expenditure on technology or administration alone could not establish legal authority to impose an additional financial burden on citizens.

“Without legal authority, even one extra rupee cannot be burdened on citizens,” Siddique told Minute Mirror.

The representation reportedly seeks comprehensive details about the charge, including when it was introduced, who authorised it, the government accounting head under which the money is deposited, the total amount collected and the number of transactions on which the charge has been imposed.

The panel has also asked the Punjab government to disclose department-wise collections, operational costs associated with ePay Punjab and payments made to banks or other payment service providers. It has questioned how the Rs15 amount was calculated and where the collected money is ultimately retained.

A key issue raised by JAP is the uniform nature of the charge. The panel has questioned the legal justification for collecting the same amount regardless of the value or nature of a transaction, including payments such as token tax, property tax and other government dues.

Siddique said that if the government considers the amount a fee, it should demonstrate both the statutory authority for imposing it and a reasonable relationship between the amount charged and the service provided.

The panel has invoked constitutional provisions including Articles 3, 4, 77 and 127, arguing that compulsory financial charges imposed on citizens must have a clear foundation in law. It has also referred to Supreme Court judgments concerning the distinction between taxes and fees.

JAP has demanded that the charge be immediately discontinued if authorities fail to establish a lawful basis for its collection. It has further called for refunds to citizens if the levy is determined to have been unlawfully imposed.

The panel has also warned that officials responsible for any illegal collection could face action and that the recovered amount, along with any applicable profit, should be placed into the Punjab Consolidated Fund.

Siddique said the panel would consider constitutional proceedings, including a petition under Article 199, if the government fails to provide the requested legal and financial record or does not take corrective measures.

Minute Mirror has approached the Punjab Information Technology Board (PITB) and the Punjab Finance Department for their response. Their position will be incorporated when received.