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Event Title: A meeting of the Senate Standing Committee on Delegated Legislation was held at Parliament House under the chairmanship of Senator Farooq Hamid Naik

Event Date: 2021-07-08

A meeting of the Senate Standing Committee on Delegated  Legislation was held at Parliament House under the chairmanship of Senator Farooq Hamid Naik. Apart from the committee members, officials of Law and Justice, Additional Secretary Establishment Division and Health Ministry officials attended the meeting.

At the outset of the committee meeting, the Chairman of the Committee suggested studying the Rules of Procedure and Conduct of Business of the Senate to acquaint the members with the proceedings of the meeting.

The Committee received a detailed briefing from the Secretary of Law and Justice on the nature, scope and procedure of delegated legislation. The Secretary Law and Justice apprised the Committee that the Cabinet’s sub-Committee; the Cabinet Committee for Disposal of Legislative Cases (CCLC) after reviewing the Rules and Regulations, is sent to the Cabinet. If any change has to be made, it is forwarded to the Federal Government under the Rules of Business 1973. After the approval of the Federal Government, the amended Rules are returned to the Ministry.  The ministry put SRO number and it becomes part of the official gazette. On the question of the chairman of the committee, the secretary Law and Justice told the committee that no amendment was made in the Rules of Business 1973 after the Mustafa Impex case.  The Chairman Committee proposed to rectify the Rules of Business 1973 in the light of the Mustafa Impex case.

On the question of the procedure of Notification, OM (Office Memorandum) and Policy, the Justice and Law Secretary said that OM is an executive order and not at par with the legislative order while SRO (statuary regulation order) numbers are placed on the notification which has legislative backing. The Chairman committee sought a detailed briefing in the next meeting on the procedure of Notifications, OM and Policy along with the TROs.

Committee members, including the Chairman Committee, expressed concern over how Chief Secretaries were appointed in Kashmir, Gilgit-Baltistan and the four provinces of Pakistan. Addressing the Additional secretary Establishment division, the chairman committee Farooq Hamid Naik highlighted with concern that if the rules were made in 1956 then why the constitution of 1973 is mentioned and Baluchistan is even ignored in the said rules. The Chairman of the committee told the Additional Secretary Establishment Division with the objection that Prime Minister has been given the powers in the rules while in 2016 the powers of the prime minister in this regard have expired.  The Chairman Committee objected to the rules regarding the appointment of Chief Secretaries in the provinces and directed the Additional Secretary Establishment Division to present the revised rules at the next meeting. The committee members expressed concern that the rules for the appointment of Chief Secretaries in the four provinces, Kashmir and Gilgit-Baltistan apparently against the spirit of the constitution.

The Chairman Committee also sought details of all Acts and Rules from the Ministry of Health and DRAP officials at its next meeting to review the basic and proposed legislation on the regulation of alternative medicine in Pakistan.

Federal Minister for Parliamentary Affairs Ali Muhammad Khan, Senator Samina Mumtaz, Senator Kesho Bai, Senator Kauda Babar, Senator Prof. Sajid Mir, Senator Prof. Dr Mehr Taj Roghani and Senator Maulvi Faiz Muhammad. Secretary Law and Justice, Additional Secretary Establishment Division and officials from the Ministry of Health and Drug Regulatory Authority of Pakistan (DRAP) also attended the meeting.