Devolution Management in
th
Post-18 AmendmentLegislation Aspects
Balochistan Development Forum
20thJanuary-2015
Muhammad Ali Kakar
SECRETARY IPC, GOVERNMENT OF BALOCHISTAN
1
18TH AMENDMENT -SIGNIFICANCE

The 18th Amendment: abolished the
Concurrent List, reviewed 100 Articles,
annulled 69, substituted 20, inserted 07,
repealed 01, omitted 03 Articles and 6th
& 7th Schedules

Empowered the provinces
important functions

Provinces realized the need to amend laws
that cater to provincial needs
to
perform
18TH AMENDMENT-SOME RELEVANT FEATURES








Payment of net proceeds of Excise duty on crude oil
and natural gas (Article 161)
Arrears of GDS for Balochistan (impact of A/161)
Article 154 – the CCI/156 & 160 (NEC & NFC)
Joint Ownership (Article 172-3)
Raising of loans (Article 167)
Local Government powers (Article 140-A)
Sales Tax on Services (Entry 49 of FLL-I)
Priority requirements of Natural Gas (Article 158)
3
TACKLING THE TRANSITION
 Legislation Sphere
 Policy & Governance
 Institutional Sphere
ISSUES IN LEGISLATION

Interim arrangement under Article 270-AA

Protection to all the laws/ rules in vogue till
altered or repealed

No deadline associated with amending
existing laws or proposing new ones

Lack of in-depth analysis/needs assessment
for new legislation or amendments
PROGESS AND TASK AHEAD

So far, Provincial Assembly has passed 19 new
laws encompassing various subjects/ sectors

11 New Bills initiated vetted/being vetted
by Law department, and under process with
Cabinet/Assembly

More than 70 Federal Laws/ Policies/
Instruments need modifications/
amendments/revocation in the wake of
18th Amendment
LEGISLATIONS PASSED BY BALOCHISTAN
PROVINCIAL ASSEMBLY POST-18TH AMENDMENT
S. No
Provincial Law Passed
1. The Travel Agencies Act, 2014
2. The Balochistan Hotel and Restaurants
Act, 2014
3. The Balochistan Tourist Guides Act, 2014
4. The Balochistan Wildlife (Protection,
Preservation, Conservation and
Management) Act, 2014
5. The Balochistan Compulsory Education
Act, 2014
6. The Balochistan Food Authority Act, 2014
7. The Balochistan Civilian Victims of
Terrorism (Relief &Rehabilitation) Act ,
2014
8, The Balochistan Introduction of Mother
Languages as Compulsory Additional
Subject at Primary Level Act, 2014
9. The Balochistan Protection and
Promotion of Breast Feeding and Child
Nutrition Act, 2014
10. The Balochistan Domestic Violence
(Prevention & Protection) Act, 2014
Respective Federal / Provincial Law
The Travel Agencies Act, 1976
Pakistan Hotels and Restaurants Act, 1976
The Pakistan Tourist Guides Act,1976
The Balochistan Wildlife Protection Act, 1974 and
The Balochistan Wildlife Protection
(Amendment),Ordinance 2001
New Law under Article 25-A
The Balochistan Pure Food Ordinance, 1960
New Law
New Law pursuant to Article 251.
The Protection of Breast-Feeding and Child Nutrition
Act, 2002
Injured Persons (Medical Aid) Act, 2004
(Act No XII of 2004)
S.
No
Provincial Law Passed
Respective Federal/ Provincial Law
11. The Balochistan Public Procurement
Regulatory Authority (Amendment) Act,
2013
12. The Balochistan Transplantation of
Human Organs and Tissues
(Amendment) Act, 2012
13. The Balochistan Environmental
Protection Act, 2012
Public Procurement Regulatory Authority Ordinance,
2002
14. The Balochistan Zakat and Ushr Act,
2012
15. The Balochistan Historical Mosques and
Shrines Cess Fund (Amendment) Act,
2011
16. The Balochistan Local Government Act,
2010
The Zakat and Ushr Ordinance 1980
17. Balochistan Industrial Relations Act,
2010
Industrial Relations Act, 2008
(Act IV of 2008)
18. Balochistan Cultural Heritage
Preservation Act, 2010
New law on Decentralized Subject , reflected under (Item
No. 37) in Concurrent Legislative List
19. The Balochistan Prohibition of Private
Money Lending Bill, 2014
Approved by the Cabinet
Transplantation of Human Organs and Tissues Act, 2010
The Environmental Protection Act, 1997
The West Pakistan Historical Mosques and Shrines Fund
Cess Ordinance, 1960
Provincial Law framed under Article 32 and Article 140A requiring Provincial Government to decentralize the
Government Administration.
LAWS UNDER PROCESS WITH
BALOCHISTAN ASSEMBLY/CABINET
S. No
Bill
Approved by the Cabinet
1. The Balochistan Archives Bill, 2014
Approved by the Cabinet
2. The Balochistan Antiquities Bill, 2014
3. The Balochistan Vaccination (Amendment)
Bill, 2014
4. The Balochistan Borstal Institutions Bill, 2014
5. The Balochistan Child Welfare and Protection
Bill, 2014
6. The Balochistan Holy Quran (Printing and
Recording) Bill, 2014
7. The Balochistan Boiler and Pressure Vessels
Bill, 2014
8. The Balochistan Protection against
Harassment at Work Place Bill, 2014
9. The Balochistan Senior Citizens Welfare Bill,
2014
10. The Balochistan Development and
Supervision of Curricula Textbooks and
Maintenance of Standards of Education Bill,
2013
11 The Balochistan Child Marriage Prohibition
Act, 2014.
Approved by the Cabinet
Approved by the Cabinet
Approved by the Cabinet
Approved by the Cabinet
Awaiting approval by the Cabinet
Awaiting approval by the Cabinet
Awaiting approval by the Cabinet
Awaiting approval by the Cabinet
Awaiting approval by the Cabinet
1st draft under process, yet to be
submitted for vetting
FEDERAL LAWS- (POSSIBLY) REQUIRING AMENDMENTS
S. No
Law/ Rules
1. Price Control and Prevention of Profiteering and Hoarding (Amendment)
Ordinance, 2007
2. The Defamation Ordinance, 2002.
3. Prohibition of Ostentatious Displays and Wasteful Expenses
Ordinance, 2000
4. Bonded Labour System (Abolition) Act, 1992.
5. Employment of Children Act, 1991
6. The Ehtram-e-Ramazan Ordinance, 1981
7. The Disabled Persons (Employment and Rehabilitation) Ordinance, 1981
8. Motion Pictures Ordinance 1979
9. The Prevention of Gambling Act, 1977
10
11.
12.
13.
Seed Act, 1976
Evacuee Trust Properties ( Management and Disposal) Act, 1975
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975.
Workers’ Children (Education) Ordinance, 1972.
14. Settlement Commissioners (Validation of Orders) Act, 1972
15. The Agricultural Pesticides Ordinance, 1971
FEDERAL LAWS- (POSSIBLY) REQUIRING.........
S. No
Law
16. The Industrial and Commercial Employment (Standing Orders)
Ordinance, 1968.
17. The Pakistan Arms Ordinance, 1965
18. Indecent Advertisements Prohibition Act, 1963.
19. Minimum Wages Ordinance 1961
20. The Road Transport Workers Ordinance 1961.
21. The Voluntary Social Welfare Agencies (Registration and Control)
Ordinance, 1961
22. The West Pakistan Prohibition of Opium Smoking Ordinance,
1960
23. The Epidemic Diseases Act, 1958
24. West Pakistan Maternity Benefit Ordinance 1958
25. Employment (Record of Services) Act, 1951
26. Regulation of Mines and Oil-fields and Mineral Development
(Government Control) Act, 1948
27. Arbitration Act, 1940
28. Factories Act 1934
29. Sale of Goods Act, 1930
30. The Hindu Law of Inheritance Act, 1929
FEDERAL LAWS- (POSSIBLY) REQUIRING.........
S. No
Law
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
The Hindu Inheritance (Removal of Disabilities) Act, 1928
The Workmen's, Compensation Act, 1923
Mines Act 1923
The Provincial Insolvency Act, 1920
The Charitable and Religious Trusts Act, 1920
The Hindu Disposition of Property Act, 1916
The Administrator General’s Act, 1913
The Official Trustees Act, 1913
The Registration Act, 1908
The Limitation Act, 1908
The Partition Act, 1893
Legal Representative Suits Act, 1885
Explosives Act, 1884
The Trust Act, 1882
Transfer of Property Act, 1882.
The Powers of Attorney Act, 1882
The Specific Relief Act, 1877.
Contract Act, 1872
FEDERAL LAWS- (POSSIBLY) REQUIRING.........
S. No
Law
49.
GPA Act-2014(incorporation of the 03 approved Amendments)
50.
Rules of Business 1973
51.
Legislation pursuant to Article 19-A
Petroleum Sector: Up-Stream Activities
52.
All the amendments incorporated under Regulation of Mines and
Oil-fields and Mineral Development (Government Control) Act
1948 (vide Acts 1969, 1976, 1984)
53.
Pakistan Petroleum (Production) Rules 1949
54.
Repeal of the Presidential Order No.8 of 1961
55.
Petroleum Products (Petroleum Development Levy) Ordinance
1961
56.
Pakistan Oilfield (Regulation & Development) Act ,1969
57.
Pakistan Oil Field (Regulation & Development) Act 1976
13
FEDERAL LAWS- (POSSIBLY) REQUIRING......
S. No
Up-Stream Activities...(Continued)
58.
Pakistan Oil Field (Regulation & Development) Act 1984
59.
Pakistan Petroleum (Exploration and Production) Rules 1986
60.
Pakistan Petroleum (Exploration and production) Rules 2001
61.
62.
Pakistan Offshore Petroleum (Exploration and Production)
Rules 2003
Review of Petroleum Policy, 2012 (Amended -2013)
63.
Interpretation and Policy framing on Article 158
64.
65.
Excise Duty on Crude Oil (Article 161)
Pakistan Energy Efficiency and Generation Bill –2014
(Incorporation of GoB proposals)
14
FEDERAL LAWS- (POSSIBLY) REQUIRING......
Amendments in Laws Applicable to Petroleum Sector
(Downstream Activities)
S. No
Law/ Rules
66.
Pakistan Petroleum (Blending, Refining and Marketing)
Rules 1971
67.
GIDC (Gas Infrastructure Development Cess)
(Incorporation of the proposed Amendments and
Functions)
Oil and Gas Regulatory Ordinance-2002
(ensuring provincial representation)
68.
69.
Pakistan Oil (Refining, Blending, Transportation,
Storage and Purchasing) Rules 2009
15
FEDERAL LAWS –PROPOSED PRIORITIZATION
i.
Laws requiring fundamental changes or
rewriting to achieve objectives of GoB
ii.
Laws requiring nominal changes or rewriting
without substantial changes
i.
Laws to be retained without rewriting but
with minor re-referencing as third priority
16
WAY FORWARD

Needs
assessment
to
follow
supplementary/complementary legislation

Stepping ahead to a viable/sound Federal
System

Ensuring more balanced approach in terms
of Federal vis-à-vis Provincial overreach

Enable the provinces substantially realize joint
decision making through fiscal federalism
WAY FORWARD

Optimal utilization of the efficacy of
CCI/IPCC & its Standing Committees

Proper identification, review and disposal of
“shared responsibilities”

Developing framework for tax base
harmonization

Enhanced level of provincial representation
19