Legislative reforms

There are several gaps in legislation. An agreement around it necessary soon. A suggestive list is below. 

The Parliament is empowered to confer on the President the power of that Provincial Council to make Statutes and to delegate the power so conferred to an authority specified by the President (Article 154M). That authority would be a Board of Advisors appointed by the President for that Province.

Over the years, the Central Ministry of Education has encroached upon the powers devolved to the provinces and taken over a large number of provincial schools and declared them to be national schools. All such schools have to be returned immediately to the provinces.

Similar issues exist around health due to taking back powers of provinces by Cabinet.  

Rest houses which were under the purview of local authorities were taken over by the Centre by an amendment to the Urban Development Ordinance. This is an infringement of the powers of the provinces.

Places of tourist interest which were under the purview of local authorities were taken over by the Centre. These places of interest must be returned to the Provincial administration concerned.

Agriculture and Agrarian Services are subjects devolved to the Provinces. It was so at the time of the elected North-East Provincial Council. After the dissolution of that Council, the subject was taken over by the Centre. The matter went before the Supreme Court. The Supreme Court ruled that “Agrarian Services” was a subject devolved to the Provinces. Yet, the Centre continues to control that subject by changing the name of the relevant institutions to “Agrarian Development Department”. The Centre should hand over the subject to the Provinces. However, it may be necessary for the Provinces to make a Statute for the take-over.

At the time of enactment of the 13th Amendment, there was no definition for national highways. To begin with, A, B and AB Class roads were considered as national highways. However, National Thoroughfares Act No. 40 of 2008, defines a national highway as: “the road or public road (that) crosses at least one provincial boundary and connects two or more provincial centres and is a principal thoroughfare for long distance movement of vehicular traffic.” 

As a consequence of this definition, all B and AB Class roads and several A Class roads, will come under the Provinces. A comprehensive Statute will have to be enacted by the Provinces.

The National Land Commission has to be established without delay. 

A Provincial Training College for Nurses has to be established by the enactment of a Statute. The subject comes under the Concurrent List.

District Colleges for Technical and Vocational Training have to be established in all Districts of the Province by the enactment of a Statute. This is a subject in the Concurrent List.

Fisheries other than fishing beyond territorial waters, is a Concurrent subject. The Provinces have to enact Statutes to exercise power. 

Provincial Housing and Construction is a devolved subject whereas, National Housing and Construction is a Concurrent subject. The two Provinces have already established Provincial Housing Authorities. In addition, the Provinces have to establish an Urban Development Authority as well as a Provincial Engineering Construction Authority, in addition to a Provincial Engineering Consultancy Bureau. Statutes will be required for establishing the last three institutions.

Electricity, excluding the generation of hydro power, is a subject in both the Provincial and Concurrent Lists. A Statute will have to be enacted for this purpose.

Rural or Minor Industrial Development is a Provincial subject. Major industries are covered under item 21 in List I. Besides setting up a Provincial Industrial Development Board, Economic Zones will be needed to be established in a Province. All these require enactment of Statutes.

Protection of the Environment is a subject, both in the Provincial and Concurrent Lists. A Statute has to be enacted.

Statutes have to be enacted for Provincial Libraries and for Provincial Museums.

Archaeological Sites and Remains, other than those declared by Parliament to be of national importance is a subject in the Concurrent List. A Statute has to be enacted.

A Statue on Renaming of Towns and Villages, a subject in the Concurrent List, has to be enacted. This Statute will ensure that unauthorised persons do not rename Towns and Villages in a Province.

Acquisition and Requisitioning of Property is a subject in the Concurrent List. A Statute has to be enacted so as to empower the Provinces to control illegal occupation of property belonging to persons, religious places and institutions.

The subject of Mines and Minerals Development to the extent permitted by or under law made by Parliament is a subject devolved to the Province. A Provincial Bureau of Mines and Minerals Development has to be established by Statute.

Social Forestry is a subject in the Concurrent List. A Statute has to be enacted to exercise power.

The subject of Wildlife is in the Concurrent List. A Statute has to be enacted.

The establishment of Pastures is a Concurrent subject. A Statute has to be enacted.

The subject of Charities and Charitable Institutions, Charitable and Religious Endowments and Religious Institutions, appears in the Concurrent List. Two Statutes have to be enacted.

The subject of Food and Maintenance of Food Stocks is a subject in the Concurrent List. A Statute has to be enacted to exercise power.

Possession, Transport, Purchases and Sale of intoxicating liquors is a subject devolved to the Provinces. A Provincial Department for Liquor Licensing has to be established, by Statute.