Saturday, August 1, 2009

Provincial Autonomy VS Local Bodies Government

--- On Wed, 7/29/09, Khan Arif wrote:

Unless the present regime comes up with a better solution for Local Body Governments, winding up the city governments would be a blow to national integration.

Arif N. Khan


Dear Khan Sahab,

Local Body Governments/Deovolution of power is no doubt essential but without Provincial Autonomy and winding up concurrent list [GIVE BELOW] this Local Body Government [Courtesy Musharraf's Military Regime and thanks to General Tanvir Nquvi] has further strengthened the Unitary Form of Government and that is basically negation of Federal Form of Government [1973 Constitution is Federal in nature] and Federal Form of Government delegate power to the Federating Units [Read Provinces].

REPORTS that the federal government is planning to transfer more subjects to the provinces out of the concurrent list deserve to be welcomed. Such a move was overdue, because restricted autonomy has been cause of much resentment among the provinces. Even though federal in nature, the 1973 Constitution has a strong bias in favour of the centre. According to article 142- (c), a provincial assembly has the power to make laws "with respect to any matter not enumerated in either the federal legislative list or the concurrent list". Significantly, the fourth schedule has only two lists - federal and concurrent - and does not have a provincial list. The federal list contains 67 subjects (59 in Part I and eight in Part II). The concurrent list consists of 47 subjects, leaving very little for the federating units to legislate on. In other words, the provinces have the right to legislate on very small number of subjects "not enumerated either in the federal legislative list or in the concurrent list". In matters of tax collection especially, the Basic Law virtually denies the constituent units any worthwhile sources of revenue. As a perusal of taxation powers will show, the federal government has reserved for itself almost all sources of revenue. The federal taxes mentioned in the fourth schedule - points 43 to 54 - include virtually all taxes, except, very significantly, "taxes on income other than agricultural income".

Reference: Need for consensus September 12, 2005 Monday Sha'aban 7, 1426 Nothing but provincial autonomy By
Shamim-ur-Rahman - Mr. Shamim-ur-Rahman is a Senior Correspondent with Daily Dawn - Pakistan This article appeared in 2006 For the Text Balochistan: Nothing but provincial autonomy By Shamim-ur- Rahman

2 - The last Martial Law of General Pervez Musharraf [1999 - 2008] has further eroded already negligent Provincial Autonomy by introducing the so-called "Devolution Plan", BBC's Tim Sebastian had ruined Tanveer Naqvi Lt. General [General Musharraf's National Reconstruction Bureau's Chief Planner] and his so-called Devolution Plan in one of his program Hard Talk in the year 2000 - 2001. One must have joined issue with Lt.-Gen (Rtd) Tanvir Naqvi when he says that the army has ``the right`` to amend the Constitution. Speaking on the BBC, the chief of the National Reconstruction Bureau, however, tried to soften the impact of his remarks by saying that the government was not going to amend ``the whole Constitution.`` This evades the real issue, which is: does the army have a right at all to amend the nation`s basic law? [BBC Link of Hard Talk is not available but I had myself watched the Program -]. To protect the devolution scheme from interference by elected governments, Musharraf's LFO placed the four provincial Local Government Ordinances in that part of the 1973 constitution (the Sixth Schedule) that can only be amended with consent of the president. It was also required that provincial governments "shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected local representatives" . This provision creates the false impression that devolution remains within a provincial framework but its protected constitutional status effectively precludes provinces from amending the LGO. With this constitutional cover, the military government could rely on its local clients ensure a favourable outcome in the October 2002 national elections. In the Punjab, where a majority of district and tehsil nazims could be counted on to support military-backed candidates for the national and provincial assemblies, they were encouraged to mobilise support openly for the pro-Musharraf PML-Q in return for generous developmental funds. Elsewhere, nazims were threatened and intimidated to support PML-Q candidates. In parts of Sindh and Baluchistan, wholesale transfers of district officers were ordered to blunt the authority of "hostile" nazims. Local governments proved instrumental in the military government's manipulation of these general elections, which international human rights and election observer groups termed "seriously flawed". With the military's backing, the PML-Q obtained the most seats in the National Assembly and the Punjab Provincial Assembly. "The blatant political use of elected councils in the general elections has proved beyond any doubt that the local bodies had been primarily created for that very purpose",.

Reference: Lets have a look at the so-called Refroms thrusted down the throats of 170Million Pakistanis by A MARTIAL LAW REGIME during 1999-2007. International Crisis Group had published a detailed and an impartial report in 2004. For kind perusal - Devolution in Pakistan: Reform or Regression? 22 March 2004] [For Text of that Report in 4 Parts - Playing with basic law: Devolution Plan of Musharraf - -
- -]

3 - The strangest case is that of Lt-Gen Tanvir Naqvi and his district devolution plan. No kidding, Gen Naqvi is a bright officer. Whoever heard him speaking during the Zarb-I-Momin military exercises when General Aslam Beg was army chief came away greatly impressed. But the profession of arms is one thing, politics quite another. Has he ever cast his vote in an election? Has he ever been near a village polling station in his life? I doubt it. If a delegation of NATO commanders were visiting Pakistan the best person to address them from the present crop of serving or retired generals would be Gen Naqvi. But if an election plan were being put together I would keep Gen Naqvi at a distance of a hundred miles.

References: As per Daily Dawn Columnist Mr Ayaz Amir [dated 21 April 2000 i.e. One year after Illegal Martial Law Regime of General Musharraf and Co] had written on the cronies in General Musharraf's Cabinet]

4 - During 2004 ANP Senator Asfandyar Wali said when Gen Pervez Musharraf assumed power and presented his seven- point agenda, there was a little hope as it contained the issue of provincial disharmony. However, he said, the devolution plan presented by Lt-Gen (retired) Tanveer Naqvi even snatched a little bit autonomy which the provinces had been enjoying. He said the devolution should be from federal to provinces and then from provinces to districts. By putting the districts directly under the federal system for six years, the provincial governments have been made post offices and the chief ministers should be called postmasters general, he added.

Reference: SDPI Research and News Bulletin - "Greater Provincial Autonomy"

5 - Placing the Local Government Ordinance (LGO) before each provincial government for review to create the necessary political acceptance of the scheme;

6 - Holding local government elections on a party basis, with direct polls for district officials; and

7 - Refraining from imposing political discipline on local officials and misusing them for political ends such as partisan electioneering.

Take steps toward decentralisation from federal to provincial levels by:

8 - Reducing the number of federal ministries involved in and hence capable of exercising control over local government; and

9 - Allowing the representation and participation of provincial and national assembly legislators in key local government bodies such as the district development advisory committees.

Devolve administrative and fiscal powers to local units, in particular by:

10 - Giving district governments greater control over budgetary resources and increasing allocations for development, especially in poorer districts; and

11 - Linking provincial population-based fiscal transfers to each district's level of poverty, fiscal and development needs.

Improve the delivery of justice in local government through security sector reform, notably by:

12 - Expediting the formation and operationalisation of district, provincial and national safety commissions and police complaints authorities; and

13 - Allocating more resources and staff to the district police.

14 - Administrative Autonomy.

15 - Fiscal Autonomy.


The desired information is as under:


The Constitution of the Islamic Republic of Pakistan

FOURTH SCHEDULE [Article 70(4)] Legislative Lists

Federal Legislative List

Federal Legislative List [ Part I Part II ] Concurrent List


1. The defence of the Federation or any part thereof in peace or war; the military, naval and air forces of the Federation and any other armed forces raised or maintained by the Federation; any armed forces which are not forces of the Federation but are attached to or operating with any of the Armed Forces of the Federation including civil armed forces; Federal Intelligence Bureau; preventive detention for reasons of State connected with defence, external affairs, or the security of Pakistan or any part thereof; person subjected to such detention; industries declared by Federal law to be necessary for the purpose of defence or for the prosecution of war.
2. Military, naval and air force works; local self- government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas, and the delimitation of such areas.

3. External affairs; the implementing of treaties and agreements, including educational and cultural pacts and agreements, with other countries; extradition, including the surrender of criminals and accused persons to Governments outside Pakistan.

4. Nationality, citizenship and naturalization.

5. Migration from or into, or settlement in, a Province or the Federal Capital.

6. Admission into, and emigration and expulsion from, Pakistan including in relation thereto the regulation of the movements in Pakistan of persons not domiciled in Pakistan; pilgrimages to places beyond Pakistan.

7. Posts and telegraphs, including telephones, wireless, broadcasting and other like forms of communications; Post Office Saving Bank.

8. Currency, coinage and legal tender.

9. Foreign exchange; cheques, bills of exchange, promissory notes and other like instruments.

10. Public debt of the Federation, including the borrowing of money on the security of the Federal Consolidated Fund; foreign loans and foreign aid.

11. Federal Public Services and Federal Public Service Commission

12. Federal Pensions, that is to say, pensions payable by the Federation or out of the Federal Consolidated Fund.

13. Federal Ombudsmen.

14. Administrative Courts and Tribunals for Federal subjects.

15. Libraries, museums, and similar institutions controlled or financed by the Federation.

16. Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies.

17. Education as respects Pakistani students in foreign countries and foreign students in Pakistan.

18. Nuclear energy, including:-

(a) mineral resources necessary for the generation of nuclear energy;

(b) the production of nuclear fuels and the generation and use of nuclear energy, and
(c) ionizing radiations.
19. Port quarantine, seamen's and marine hospitals and hospitals connected with port quarantine.

20. Maritime shipping and navigation, including shipping and navigation on tidal waters; Admiralty jurisdiction.

21. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein.

22. Aircraft and air navigation; the provision of aerodromes; regulation and organization of air traffic and of aerodromes.

23. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft.

24. Carriage of passengers and goods by sea or by air.

25. Copyright, inventions, designs, trademarks and merchandise marks.

26. Opium so far as regards sale for export.

27. Import and export across customs frontiers as deemed by the Federal Government, inter-provincial trade and commerce, trade and commerce with foreign countries; standard of quality of goods to be exported out of Pakistan.

28. State Bank of Pakistan; banking, that is to say, the conduct of banking business by corporations other than corporations owned or controlled by a Province and carrying on business only within that Province.

29. The law of insurance, except as respects insurance undertaken by a Province, and the regulation of the conduct of insurance business, except as respects business undertaken by a Province, Government insurance, except so far as undertaken by a Province by virtue of any matter within the legislative competence of the Provincial Assembly.

30. Stock exchanges and future markets with objects and business not confined to one Province.

31. Corporations, that is to say, the incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations, but not including corporations owned or controlled by a Province and carrying on business only within that Province, or cooperative societies, and of corporations, whether trading or not, with objects not confined to a Province, but not including universities.

32. National planning and national economic coordination including planning and coordination of scientific and technological research.

33. State lotteries.

34. National highways and strategic roads.

35. Federal surveys including geological surveys and Federal meteorological organizations.

36. Fishing and fisheries beyond territorial waters.

37. Works, lands and buildings vested in, or in the possession of Government for the purposes of the Federation (not being military, naval or air force works), but, as regards property situate in a Province, subject always to Provincial legislation, save in so far as Federal law otherwise provides.

38. Census.

39. Establishment of standards of weights and measures.

40. Extension of the powers and jurisdiction of members of a police force belonging to any Province to any area in another Province, but not so as to enable the police of one Province to exercise powers and jurisdiction in another Province without the consent of the Government of that Province; extension of the powers and jurisdiction of members of a police force belonging to any Province to railway areas outside that Province.

41. Elections to the office of President, to the National Assembly, the Senate and the Provincial Assemblies; Chief Election Commissioner and Election Commissions.

42. The salaries, allowances and privileges of the President, Speaker and Deputy Speaker of the National Assembly, Chairman and Deputy Chairman of the Senate, Prime Minister, Federal Minister, Ministers of State, the salaries, allowances and privileges of the members of the Senate and the National Assembly, and the punishment of persons who refuse to give evidence or
produce documents before committees thereof.

43. Duties of customs, including export duties.

44. Duties of exercise, including duties on salt, but not including duties on alcoholic liquors, opium and other narcotics.

45. Duties in respect of succession to property.

46. Estate duty in respect of property.

47. Taxes on income other than agricultural income;

48 Taxes on corporations.

49. Taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.

50. Taxes on the capital value of the assets, not including taxes on capital gains on immovable property.

51. Taxes on mineral oil, natural gas and minerals for use in generation of nuclear energy.

52. Taxes and duties on the production capacity of any plant, machinery, undertaking, establishment or installation in lieu of any one or more of them.

53. Terminal taxes on goods or passengers carried by railway, sea or air; taxes on their fares and freights.

54. Fees in respect of any of the matters in this Part, but not including fees taken in any court.

55. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this list and, to such extent as is expressly authorized by or under the Constitution, the enlargement of the jurisdiction of the Supreme Court, and the conferring thereon of supplemental powers.

56. Offences against laws with respect to any of the matters in this Part.

57. Inquiries and statistics for the purposes of any of the matters in this Part.

58. Matters which under the Constitution are within the legislative competence of Majlis- e-Shoora (Parliament) or relate to the Federation.

59. Matters incidental or ancillary to any matter enumerated in this Part.



1. Railways.
2. Mineral oil and natural gas; liquids and substances declared by Federal law to be dangerously inflammable.

3. Development of industries, where development under Federal control is declared by Federal law to be expedient in the public interest; institutions, establishments, bodies and corporations administered or managed by the Federal Government immediately before the commencing day,
including the Pakistan Water and Power Development Authority and the Pakistan Industrial Development Corporation; all undertakings, projects and schemes of such institutions, establishments, bodies and corporations, industries, projects and undertakings owned wholly or partially by the Federation or by a corporation set up by the Federation.

4. Council of Common Interests.

5. Fees in respect of any of the matters in this Part but not including fees taken in any court.

6. Offences against laws with respect to any of the matters in this Parts.

7. Inquiries and statistics for the purposes of any of the matters in this Part.

8. Matters incidental or ancillary to any matter enumerated in this Part.


Concurrent Legislative List

1. Criminal law, including all matters included in the Pakistan Penal Code on the commencing day, but excluding offences against laws with respect to any of the matters specified in the Federal Legislative List and excluding the use of naval, military and air forces in aid of civil power.

2. Criminal procedure, including all matters included in the Code of Criminal Procedure, on the commencing day.

3. Civil procedure, including the law of limitation and all matters included in the Code of Civil Procedure on the commencing day, the recovery in a Province or the Federal Capital of claims in respect of taxes and other public demands, including arrears of land revenue and sums recoverable as such, arising outside that Province.

4. Evidence and oath; recognition of laws, public acts and records of judicial proceedings.

5. Marriage and divorce; infants and minors; adoption.

6. Wills, intestacy and succession, save as regards agricultural land.

7. Bankruptcy and insolvency, administrators- general and official trustees.

8. Arbitration.

9. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.

10. Trusts and trustees.

11. Transfer of property other than agriculture land, registration of deeds and documents.

12. Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in the Federal Legislative List.

13. Removal of prisoners and accused persons from one Province to another Province.

14. Preventive detention for reasons connected with the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.

15. Persons subjected to preventive detention under Federal authority.

16. Measures to combat certain offences committed in connection with matters concerning the Federal and Provincial Governments and the establishment of a police force for that purpose.

17. Arms, firearms and ammunition.

18. Explosives.

19. Opium, so far as regards cultivation and manufacture.

20. Drugs and medicines.

21. Poisons and dangerous drugs.

22. Prevention of the extension from one Province to another of infectious or contagious diseases or pests affecting men, animals or plants.

23. Mental illness and mental retardation, including places for the reception or treatment of the mentally ill and mentally retarded.

24. Environmental pollution and ecology.

25. Population planning and social welfare.

26. Welfare of labor; conditions of labor, provident funds; employer's liability and workmen's compensation, health insurance including invalidity pensions, old age pensions.

27. Trade unions; industrial and labor disputes.

28. The setting up and carrying on of labor exchanges, employment information bureaus and training establishments.

29. Boilers.

30. Regulation of labor and safety in mines, factories and oil- fields.

31. Unemployment insurance.

32. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways; carriage of passengers and goods on inland waterways.

33. Mechanically propelled vehicles.

34. Electricity.

35. Newspapers, books and printing presses.

36. Evacuee property.

37. Ancient and historical monuments, archaeological sites and remains.

38. Curriculum, syllabus, planning, policy, centres of excellence and standards of education.

39. Islamic education.

40. Zakat.

41. Production, censorship and exhibition of cinematograph films.

42. Tourism.

43. Legal medical and other professions.

43A. Auqaf.

44. Fees in respect of any of the matters in this List, but not including fees taken in any court.

45. Inquiries and statistics for the purpose of any of the matters in this List.

46. Offences against laws with respect to any of the matters in this List; jurisdiction and powers of all courts except the Supreme Court, with respect to any of the matters in this List.

47. Matters incidental or ancillary to any matter enumerated in this List.


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