PA resumed its session at half an hour later than its scheduled 3pm. A question hour session for Forestry, Wildlife and Fisheries Department was followed by a general discussion on reports of Punjab Public Service Commission for the years 2007, 2008, 2000 and 2010. Provincial Minister Ahmad Ali Aolakh replied to questions about the department.
Pakistan Muslim League -Quaid MPA Sameena Khawar Hayat on the point of order said that it was regrettable for the house that it had passed bills which had been returned by the governor house citing the objection of legal matter. She claimed that the treasury benches were incompetent since they had failed to send correct bills to governor house.
Speaker Rana Muhammad Iqbal said that whenever bills were moved in the house she ought to speak on it, however he stopped her from speaking further.
Punjab Law and Parliamentary Minister Rana Sanuallah Khan while talking in his chamber said that out of the 19 bills, one was about Punjab Local Government Ordinance Second Amendment Bill 2011 (PLGO 2011), while rest 18 bills were related to subjects the federal government under 18th amendment had deleted from the federal legislative list and devolved to the provinces.
He said that Punjab Governor Khosa in PLGO Bill 2011 directed Punjab government to consider holding local government elections in the province, rejecting an amendment seeking a time period of six months.
Sanaullah said that it was not possible for the province to hold the fresh local body elections immediately since voter lists had not yet been complied. He added that it was the Election Commission of Pakistan’s (ECP) job to hold local and general body elections in the country. He referred to a similar condition being rejected by Balochistan Assebly, which had already refused to hold local body elections because of law and order situation in that province.
The provincial law minister said that once Punjab government succeeded in amending and passing the new PLGO, they would ask the ECP to hold local body elections. He said that he would move a motion at the next session of the house on sending the bill to the governor. According to law, the governor was bound to sign the law, and if he failed to do so, the bill would automatically be considered as an Act after ten days.
The governor had raised objections that the Punjab Assembly did not have the right to replace words in bills that extended the bill to entire Pakistan including Punjab, as such would be a clear violation of article 143 of the constitution of Pakistan. The governor suggested that the matter should be sent to the federal government as it was a provision of parliament to amend the constitution.
The subject of the 18 bills was not covered under article 143 and hence cannot override federal legislation and authority. Under the 18th amendment article 270AA was promulgated and as per sub clauses 4&9 for purpose of devolution under clause 8 the federal government and shall constitute an implementation commission which would be constituted and headed by Senator Raza Rabbani.
According to notifications, the federal ministries along with their divisions, components ceased to exist after devolution to the provinces. However, a number of subjects relating to these ministries have not yet been devolved to the provincial government, being retained by the federal government.
Thus the promulgation of any law would not fall in the realm of the province, with regard to the matters falling within the domain of federal government.
Sanaullah said that main reason allegedly behind the Governor’s objections was that the governor did not want to hand over federal departments like workers’ welfare trust and Evacuee Trust Property Board to the Punjab government as they have lot of budget. He said that Punjab government would constitute a high level committee which would probe the ETPB and disclose the corruption.
He said that the next session, due to start from January 23, would see 19 resolutions being tabled in the house regarding these bills and would be sent to the governor house for being signed again. Inaction over the subsequent 10 days would see the bill become an Act.
Speaker after ending the debate over reports of PPSC has prorogued the session for the indefinite time period.
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