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FAFEN FAFEN LEGISLATION LEGISLATION

TRACKERTRACKER

FAFEN LEGISLATION

TRACKER

Provincial Assembly of Sindh

May 29, 2013 - March 31, 2017

The question of the interaction between executive and legislature is of highest importance in

democracies around the globe. In some, the executive dominates the legislature and its agenda, while, in other cases, it may be the other way around. Similarly, the question of political parties' attitude, behaviour and conduct before parliamentary elections, and after they are held, cannot be ordinarily answered. Thorough investigations to explore political parties' behaviour need to be conducted to present a comprehensive comment.

Legislatures' and their legislative performance can be an indicator that can respond to both the abovementioned. Legislatures' aspirations can be assessed through tracking their parliamentary actions, especially through legislative fore-sight; that is to what extent and how the legislature looks ahead in order to develop policies meeting the citizens' and state's needs in a transparent and inclusive manner. Correspondingly, political parties' performance in legislatures can also be determined through their legislative intentions; as to what and how have they demonstrated

01FAFEN Legislation Tracker 2017 - Provincial Assembly of Sindh

Legislative Procedure in Provincial Assembly of Sindh

The Ministers or Private Members can give notice to the Secretary Assembly to introduce a bill along with a copy of the bill and statement of objects and reasons. The government bill may appear on List of Business any time after the notice while 15 days' notice is required for Private Members' bills. The ordinances can be laid without the statement of objects and reasons.

Notice of Bill: 1

Consent of Government: 2The bills that require consent of the government for

EXECUTIVE SUMMARY

Sindh Assembly Overlooks Procedural Requirement to Pass Most of Billsn Passes 142 legislative proposals including 10 Private

Members' Bills

n Sindh Transparency and Right to Information Bill, 2016 and Hindu Marriages Bill among important provincial legislations

n Ruling party fullls less than one third promises committed in 2013 Election Manifesto

n No legislation done in justice system, policing and civil services, inclusion of youth in policymaking, women empowerment, regulation of agricultural inputs and trade unions

to full their political promises (prescribed in their manifestos). Interestingly, in Pakistan's case, political parties' manifestos are often written in a generalized manner including phrases such as improved health care, creating employment, education sector reforms, etc., and does not provide specic policy strategies in order to achieve their promises. Moreover, since they comprise of general terms, a majority of parties share similar manifestos.

Sindh, the southeast province has the second largest economy in Pakistan with a majority of its constituencies dominated by Pakistan Peoples' Party (PPP). The party occupies 56 percent of the Provincial Assembly's seats, followed by Mutahida Quami Movement's (MQM) with 30 percent. FAFEN's legislative tracking study has endeavored to explore the legislative fore-sight and output of political parties within the assembly. Globally, legislative outputs are often reected by the bills, amendments and resolutions adopted by the assembly for better service delivery and pursue citizens' welfare. Analyzing the assembly's bills, TDEA-FAFEN observed that out of 142 bills presented, 30 were to legislate on subjects devolved under 18th amendment, 63 pertained to the executive needs of the province and 49 were legislative proposals focusing on public welfare issues, which were

mostly in line with the party manifesto commitments. The ruling party (PPP) in the province has been able to fulll less than one-third of the specic provincial-level legislative commitments prescribed in their 2013 election manifesto. Exploring the thematic character of these bills, TDEA-FAFEN ascertained that they focused on institutional development and/or reforms in various provincial sectors and departments, local governance, education, health, security, environment and transparency. However, no legislation has been initiated so far on the promised reforms in the justice system, policing and civil services, inclusion of youth in policymaking, women empowerment, regulation of agricultural inputs and trade unions.

The assembly approved charters of forming 13 higher education medical and technical institutions, which is an attempt or response to counter the Sindh's education crisis. Following the precedent set by Punjab and Khyber Pakhtunkhwa (KP) assemblies, the Sindh Assembly also enacted the right to information (RTI) legislation granting citizens the right to access information in all matters of public importance. The RTI bill was warranted by the provincial obligations after the enactment of the 18th Constitutional Amendment. Through other legislations, the assembly covered the themes like institutional

Introduction of Bill: 3A bill may appear on List of Business only after expiry of notice period and consent of the government, if applicable. The member-in-charge makes motion to introduce the bill on a set day and time. If the motion to introduce a bill is carried, the bill shall be published in the ofcial gazette.

Motions after Introduction:4Following the introduction of a bill, the member-in-charge may make a motion for its introduction. Any bill except Finance Bill shall be referred to the concerned standing committee for further deliberation with a


EXECUTIVE SUMMARY

introduction are forwarded to the concerned department with a request seeking its consent. The rules authorize the Speaker to decide which bill requires the consent of the government.


EXECUTIVE SUMMARY

Consideration of Bill6The bill after presentation of standing committee report is included in List of Business at least three days after the report is presented in the House. The member-in-charge may move a motion to consider the bill and if the motion is carried the Speaker calls a bill clause by clause and each clause is voted upon. The Speaker may postpone the consideration of clause. The members may move amendments to the bill at this stage.

development and reforms (42), local government and good governance (24), health sector (18), labour rights and employment regulations (15), human rights and social welfare (13) and others (30).

PPPP has a majority (of 56%) of the Sindh assembly's seats that makes it easy for them to push through the prescribed legislative process. However, the Rules of Procedure and Conduct of Business of the assembly as well as best parliamentary practices require conformity with certain norms that ensure democratic and consultative spirit in lawmaking. The rules of procedure require each bill to go through committee review before its consideration in the plenary. Moreover, as per rules, no motion for the consideration of a bill can be moved without giving members three days after provision of copies of the bill to them. The Sindh Assembly, in most cases, did not follow these procedural requirements neither the exemptions from these were sought through formal motions. Less than a quarter of bills introduced were referred to committees for detailed review while all the remaining bills were passed without any committees' review. Moreover, the rules of procedure do not empower the committees to hold public hearings or seek expert opinion on legislation limiting the scope of debate on any bill. During the reporting period, only 34

bills (24%) were referred to the committees. As many as 63 (37%) bills were considered and passed on the same day when they were introduced. Such hasty legislation deprived the members an opportunity to review the legislation.

On an average, every bill passed took an average 39 days to undergo the entire legislative process. Analyzing the bills' thematic focus, each bill on security took an average of 11 days for passage. Similarly, the bills pertaining to economy were passed in 18 days, local government and good governance 21 days, institutional development and reforms 25 days, labour rights and employment regulations 31 days, health 38 days, education 48 days, environment and agriculture 62 days, accountability and transparency 110 days, and human rights and social welfare 150 days.

Exploring the bills' categorization, out of 142, 132 were introduced by the government, while the remaining 10 were sponsored by Private Members. Private Members submitted a total of 30 bills, of which 20 are still pending. On average, each government bill took 33 days for passage, while each Private Member's bill took 127 days. As many as 14 bills passed by the Assembly were initiated as ordinances while the remaining originated in the Assembly.

direction to submit its report on a date xed by the Speaker. The member-in-charge may move a motion to dispense this rule.

Presentation of Standing Committee Report5The concerned committee will present its report on the bill within provided time along with the copy of the bill as introduced in the House and the recommendations of the committee, if proposed.


EXECUTIVE SUMMARY

Passage of Bill7 After clause by clause consideration, a bill is moved for the nal passage. When a motion that the bill be passed has been made, the general provisions of the bill may be discussed but only with reference to the amendments, if any, made in the bill.

Recommendations

Based on the observation of Sindh assembly's proceedings and ndings, TDEA-FAFEN makes following recommendations specic to the legislative process:

n The legislative procedure provided in the Chapter XIII of the Rules of Procedure and Conduct of Business should be followed in letter and spirit, and no deviation should be made from the procedure except through a formal motion of exemption from the requirement of rules.

n The standing committees of the Provincial Assembly should be empowered to hold public hearings and seek expert opinion on legislation.

n Whenever a Private Members' day is appropriated for government business or appointed for budget, compensatory time should be given for Private Members' business.

n The bills introduced before the Assembly should be drafted in a way which is comprehensible to legislators, and should include a clear and understandable to citizens Statement of Objects and Reasons explaining the purpose of the proposed legislation.

n The exemption from Statement of Objectives and Reasons given in the rules for ordinances should be withdrawn. The sub-rule (6) of Rule 96 of the Rules of Procedure of Provincial Assembly of Sindh 2013 needs to be repealed for this purpose.

n The political parties represented in the Assembly, especially those in the government, should on annual basis review publicly the status of implementation on commitments made in their manifestoes.

Legislation is regarded as one of the main functions of elected representatives. The purpose of any legislation is to formulate a guiding policy for the governments and citizens, authorize certain actions or resources or to impose sanctions. Under the Constitution of Pakistan, the Provincial Assemblies are entrusted with the power to legislate for their respective provinces on matters not enumerated in the Federal Legislative List.

The current report analyses the legislation carried out by the Provincial Assembly of Sindh during 31 sessions held between May 29, 2013 and March 31, 2017. The data for this report has been acquired from direct observation of the Assembly proceedings and from ofcial records available on website of the Assembly as well as on other ofcial websites of Sindh Government. The report attempts to check the compliance of the legislation with the Rules of Procedure of the Provincial Assembly of

Sindh, 2013 and the best legislative practices. Besides this, it also tries to review to which extent the ruling Pakistan People's Party Parliamentarians (PPPP) has been able to full the specic provincial level legislative promises it had made in party manifesto issued before the General Elections 2013 accessed from: http://www.pppp.org.pk/manifestos/manifesto2013.pdf

The promises made in the manifesto were categorized in three classes requiring legislative action, executive action or both. These three classes were further divided into federal level and provincial level sub-classes. For the purpose of this report, only those promises falling under the legislative purview of the province were analyzed. The statistics and description of the legislation is given below.


INTRODUCTION AND METHODOLOGY

The report is an attempt to check compliance of the legislative process with the procedure laid down in the rules and implementation on manifesto commitments

Legislative Origins

Executive Needs

63Bills

49Bills

Party Manifesto

30Bills

th18 Amendment

Requirements

LEGISLATION STATISTICS


thOverall Legislation - 14 Provincial Assembly of Sindh

21 10

140 132

Private Members' Bills Introduced

Private Members'Bills Passed

GovernmentBills Introduced

GovernmentBills Passed

Legislative Efciency

59 27 43 13

Bills Reviewed by Standing Committees

Bills Passed in More than 100

Days

Bills Passed in 10 to

100 Days

Bills Passed in two

to 10 Days

Bills Passed in one day

54 4

2 2 2 2 2 2 21 1 1 1 1

Hig

her

, Te

chnic

al Educa

tion a

nd

Res

earc

h, Sch

ool Educa

tion(u

p t

o

Matr

icula

tion)

& S

pec

ial Educa

tion

Hom

e

Labour

and

Hum

an R

esourc

es

Loca

l G

ove

rnm

ent,

Rura

l D

evel

opm

ent,

Public

Hea

lth

Engi

nee

ring,

Housi

ng

Tow

n P

lannin

g

Prim

ary

Hea

lth (

BH

U, H

RC

& V

ertica

l Pro

gram

mes

) and S

econdary

H

ealth (

Res

t of H

ealth)

Soci

al

Wel

fare

Spec

ial

Com

mitte

e

Transp

ort

&

Mass

Tra

nsi

t

Law

& P

arlia

men

tary

Affairs

and H

um

an R

ights

Sel

ect

Com

mitte

e

Fore

st, W

ildlif

e and E

nvi

ronm

ent

Food

Auqaf, R

elig

ious

Affairs,

Zaka

t and U

shr

Liv

esto

ck &

Fis

her

ies

Min

orities

Affairs

2Environment

LEGISLATION STATISTICS


Following is the thematic categorization of the bills passed by the Sindh Assembly.

1Transparency and Accountability

8Security

9Economy

13Human Rights and Social Welfare

10Education

15Labour Rights and Employment Regulation

18Health Reforms

24Local Government &Good Governance

42Institutional Reforms

Institutional Development and Reforms

08

The legislative business of the provincial government was heavily reliant on the legislations

emanating from executive needs as the House passed 42 bills (29% of total legislation) focusing on restructuring and empowering the existing public institutions. The government legislation under this category was related to administrative changes in various public bodies as well as expansion of institutions' scope of work.

The Assembly amended the statutes of public sector universities to provide for eligibility criteria of Vice Chancellors and other administrative posts of these institutions. The Assembly also changed the names of Gambat Institute of Medical Sciences, Chandka Dental College and Altaf Hussain Universities in Karachi and Hyderabad through amendments in respective laws. Moreover, the administrative changes were made in four medical institutions of the province. The Assembly also approved the creation of the Board of Intermediate and Secondary Education in Shaheed Benazirabad.

The Assembly passed bills to revive the development authorities of six districts and also introduced changes in their statutes. The amendments were also introduced in four other development authorities to expand their limits or reorganize their boards. The House also

amended the provincial land revenue law providing for automation of the land records. The Criminal Prosecution Services law was also amended twice to dene the functions and criteria for appointments on the posts of Prosecutor General and Prosecutors.

The Services Tribunal Act, 1973 was amended ve times during the reporting period to change the term and eligibility criteria for the Chairman and members of the tribunal and dene the powers of the Chairman. The amendments in the Public Private Partnership Act 2010 authorized the government to make appointments in the Public Private Partnership Unit and included new departments in the list of sectors falling under the purview of the law. Similarly, the amendments in the Zakat and Ushar law enabled the disbursements of Zakat through ATMs. The Assembly also enacted amendments in the Registration Act 1908 dening the criteria for appointments on the post of Registrars and Sub-Registrars.

Furthermore, the Assembly passed amendments in the Sindh Coal Authority, the High-Density Development Board and the Board of Technical Education, the Technical and Vocational Training Authority laws changing constitution of these boards or authorities. The Assembly also legislated for setting up the Mass Transit

Provincial Level Legislative Promises in PPPP Manifesto on institutional Reforms

FAFEN Legislation Tracker 2017 - Provincial Assembly of Sindh

LEGISLATIVE THEMES

Addressing post-18th Amendment issues1Civil Service Reforms2Law enforcement and police reforms3Legal reforms for sustainable urban development

4



Authority, establishment of the Special Development Board for regulation of housing sector and putting the public property insurance providers under the

control of Sindh Insurance Limited.

27-Mar-17 29-Mar-17The Jacobabad Institute of Medical Sciences (Amendment) Bill, 2017

Government

27-Mar-17 29-Mar-17The Sindh Revenue Board (Amendment) Bill, 2017

Government

19-Aug-13 19-Aug-13The Sindh Universities Laws (Amendment) Bill, 2013

Government

19-Aug-13 19-Aug-13

Date of Introduction

Date of Passage

Bill Title Bill Type

The Sindh High Density Development Board (Amendment) Bill, 2013

Government

29-Mar-17 29-Mar-17

The Sindh Coal Authority (Amendment) Bill, 2017

Government

27-Mar-17 27-Mar-17

The Altaf Hussain University at Hyderabad (Amendment) Bill, 2017

Government

27-Mar-17 27-Mar-17

The Altaf Hussain University at Karachi (Amendment ) Bill, 2017

Government

19-Sep-13 19-Sep-13

The Malir Development Authority (Revival and Amendment) Bill, 2013

Government

19-Sep-13 19-Sep-13

The Lyari Development Authority (Revival and Amendment) Bill, 2013

Government

19-Sep-13 19-Sep-13

The Larkana Development Authority (Revival and Amendment) Bill, 2013

Government

19-Sep-13 19-Sep-13

The Hyderabad Development Authority (Revival and Amendment) Bill, 2013

Government



19-Sep-13 19-Sep-13The Sehwan Development Authority (Revival and Amendment) Bill, 2013

Government

23-Nov-16 23-Nov-16

The Sindh Technical Education and Vocational Training Authority (Amendment) Bill, 2016

Government

The Sindh Mass Transit Authority Bill,


Date of Passage


27-Oct-14 29-Sep-162014

Government

19-Aug-13 20-Sep-13

The Gambat Institute of Medical Sciences (Amendment) Bill, 2013

Government

21-Sep-16 26-Sep-16

The Zulkarabad Development Authority (Amendment) Bill, 2016

Government

15-Feb-16 21-Mar-16

The Sindh Service Tribunals (Amendment) Bill, 2016

Government

21-Mar-16 21-Mar-16

The Karachi Development Authority (Revival and Amending) Bill, 2016

Government

31-Oct-13 4-Nov-13

The Gorakh Hills Development Authority (Amendment) Bill, 2013

Government

18-Jan-16 18-Jan-16 The Sindh Boards of Intermediate and Secondary Education (Amendment) Bill, 2015

Government

15-Jan-16 15-Jan-16The Sindh Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Bill, 2015

Government

7-Aug-15 12-Aug-15The Shaheed Mohtarma Benazir Bhutto Medical University Larkana (Amendment) Bill, 2015

Government



Date of Passage



7-Aug-15 12-Aug-15The Sindh Zakat and Ushr (Amendment) Bill, 2015

Government

11-Aug-15 11-Aug-15The Gambat Institute of Medical Sciences (Amendment) Bill, 2015

Private

20-Feb-15 7-Aug-15

The Sindh Board of Technical Education (Amendment) Bill, 2015

Government

21-May-1521-May-

15

The Sindh Service Tribunals (Fourth Amendment) Bill, 2015

Government

14-Feb-14 14-Feb-14

The Registration (Sindh Amendment) Bill, 2013

Government

14-Feb-14 14-Feb-14

The Sindh Land Revenue (Amendment) Bill, 2013

Government

13-Apr-1520-May-

15

The Jinnah Sindh Medical University (Amendment) Bill, 2015

Government

20-May-1520-May-

15

The Sindh Service Tribunals (Third Amendment) Bill, 2015

Government

28-Feb-14 28-Feb-14

The Sindh Service Tribunals (Amendment) Bill, 2014

Government

17-Apr-15 27-Apr-15

The Sindh Service Tribunals (Second Amendment) Bill, 2015

Government

10-Apr-15 13-Apr-15

The Peoples University of Medical and Health Sciences for Women Shaheed Benazirabad (Amendment) Bill, 2015

Government

21-Apr-14 25-Apr-14 The Sindh Criminal Prosecution Service

(Constitution, Functions & Powers) (Amendment) Bill, 2014

Government



Date of Passage



6-Apr-15

10-Apr-15

The Sindh Coastal Development Authority (Amendment) Bill, 2015

Government

23-Feb-15

24-Feb-15

The Sindh Insurance of Public Property Bill, 2015

Government

10-Dec-14

10-Dec-14

The Sindh Public Private Partnership (Amendment) Bill, 2014

Government

27-Oct-14

10-Dec-14

The National Institute of Cardiovascular Diseases (Sindh Administration) Bill, 2014

Government

10-Dec-14

10-Dec-14

The Larkana Development Authority (Amendment) Bill, 2014

Government

24-Oct-14

24-Oct-14

The Sindh Special Development Board Bill, 2014

Government

9-Dec-14

9-Dec-14

The Shaheed Benazir Bhutto University at Shaheed Benazirabad Bill, 2014

Private

17-Nov-14

17-Nov-14 The Sindh Universities and Institutes

Laws (Amendment) Bill, 2014 Government

Local Government and Good Governance

The Sindh Assembly passed 24 bills on the issues related to the local government and good

governance. As promised in the manifesto and also warranted by the court verdict, the Assembly passed the local government law providing for the elections, functions and powers of the local bodies. The law was amended 12 times at later stages.

In addition to the legislation on local government, the Assembly authorized establishment of Food Authority and Solid Waste Management Board. The provisions were also made to criminalize the damaging water trunk, operating illegal hydrants and encroaching on land of Karachi Water and Sewerage Board. The Assembly

passed a law making provisions for the maintenance of the condominium type housing projects.

The building control law was amended twice to make provisions for government approved town planning and establishment of special courts to deal with the cases related to the law. The Assembly also outlawed the defacement of property and made regulation for the use of sound systems. The amendments in the Provincial Motor Vehicles Ordinance 1965 provided for trafc management and insurance of the vehicles. The House also approved a law provided for the protection of consumer rights.

Provincial Level Legislative Promises in PPPManifesto on Local Government and Good Governance


Devolution of powers to local government1Introduction of Citizens-Police Liaison Committees in every major urban center

2


Date of Passage


14-Nov-16 8-Mar-17 The Sindh Food Authority Bill, 2016 Government

19-Aug-13 19-Aug-13 The Sindh Local Government Bill, 2013 Government

6-Mar-17

6-Mar-17

The Sindh Local Government (Amendment) Bill, 2017

Government

2-Feb-17

2-Feb-17

The Provincial Motor Vehicles (Amendment) Bill, 2015

Government

26-Apr-16

27-Apr-16

The Sindh Local Government (Fourth Amendment) Bill, 2016

Government

27-Apr-16

27-Apr-16

The Sindh Local Government (Third Amendment) Bill, 2016

Government


26-Apr-16 26-Apr-16The Sindh Local Government (Second Amendment) Bill, 2016

Government

19-Jan-16

19-Jan-16


Government

12-Aug-15

12-Aug-15

The Sindh Local Government (Third Amendment) Bill, 2015

Government

7-Aug-15

12-Aug-15

The Karachi Water and Sewerage Board (Amendment) Bill, 2015

Government

8-May-15

8-May-15

The Sindh Local Government (Second Amendment) Bill, 2015

Government

6-Apr-15

10-Apr-15 The Sindh Sound System (Regulation)

Bill, 2015 Government

19-Sep-13 19-Sep-13 The Sindh Building Control (Amendment) Bill, 2013

Government

24-Feb-15

24-Feb-15


Government

24-Oct-14

20-Feb-15

The Sindh Consumer Protection Bill, 2014

Government

27-Oct-14

17-Nov-14

The Sindh Condominium Bill, 2014

Government

20-Oct-14

20-Oct-14


Government

31-Oct-13

31-Oct-13


Government

24-Mar-14

31-Mar-14

The Provincial Motor Vehicl es (Amendment) Bill, 2014

Government

20-Dec-13 20-Dec-13The Sindh Local Government (Second Amendment) Bill, 2013

Government

20-Dec-13 20-Dec-13The Sindh Local Government (Third Amendment) Bill, 2013

Government


Date of Passage


Local Government and Good Governance

Health Reforms

15

The ruling party had promised in its election manifesto to introduce wide-ranging reforms in health

sector and provide affordable and quality healthcare. During the reporting period, the Assembly passed 18 laws related to health.

This legislation addressed the subjects like prevention of Thalassemia and HIV/AIDS, treatment of mental ailments, screening of newborns for diseases, control of epidemic diseases and medical aid to injured persons in emergency. The Assembly also authorized the establishment of NIBD Post Graduate Institute of Life Sciences, AO Post Graduate Institute of

Orthopedic Sciences, Post Graduate College of Medical Sciences Sindh, Indus University of Health Sciences, Health Care Commission, Pharmacy Council and Physiotherapy Council.

The Assembly also outlawed usage of the title 'doctor' by the practitioners of allopathic, homeopathic, ayurvedic, unani medicine. Similarly, performing an eye surgery by a person other than medical practitioner was also criminalized. The tuberculosis was declared notiable disease and medical practitioners were bound to report any case of disease to the government through prescribed forms.

Provincial Level Legislative Promises in PPPP Manifesto on Health ReformsDevelopment of insurance plans for health care providers

1


Educational Facilities for primary health workers, paramedics and physicians

2Establishment of patient charters and complaint redress systems

3Gradual increase in health spending to 5 per cent of consolidated government spending

4Institutionalizing price control mechanisms for life-saving drugs5


Date of Passage

Bill Title

27-Apr-15 4-May-15The Indus University of Health Sciences Bill, 2015

17-Nov-14 27-Apr-15The Postgraduate College of Medical Sciences Sindh Bill, 2014

10-Apr-15 13-Apr-15

The Ao Post Graduate Institute of Orthopaedic Sciences Bill, 2015

10-Apr-15 10-Apr-15

The Sindh Mental Health (Amendment) Bill, 2015

27-Oct-14 19-Nov-14

The Sindh Nursing Council Bill, 2014

11-Jun-13 19-Sep-13

The Sindh Prevention and Control of Thalassemia Bill, 2013

11-Jun-13 19-Sep-13

The Sindh Mental Health Bill, 2013

Bill Type

Government

Government

Government

Government

Government

Government

Government

Regulation of medical education standards6Regulation of private hospitals7Stronger Controls to curb quackery and spurious drugs

8Universal coverage of LHW services to rural areas and urban slums

9


Health Reforms


Date of Passage

Bill Title

Bill Type

27-Oct-14 19-Nov-14 The Sindh Pharmacy Council Bill, 2014 Government

27-Oct-14 19-Nov-14The Sindh Physiotherapy Council Bill, 2014

Government

27-Oct-14 19-Nov-14

The Sindh Allopathic System (Prevention of Misuse) Bill, 2014

Government

27-Oct-14 10-Nov-14

The Sindh Tuberculosis Notication Bill, 2014

Government

27-Oct-14 10-Nov-14

The Sindh Eye Surgery (Restriction) Bill, 2014

Government

27-Oct-14 10-Nov-14

The Sindh Epidemic Diseases Bill, 2014

Government

24-Oct-14 24-Oct-14

The Sindh Injured Persons (Medical Aid) Bill, 2014

Government

25-Sep-13 24-Feb-14

The Sindh Health Care Commission Bill, 2013

Government

19-Aug-13 20-Sep-13

The Sindh HIV and Aids Control Treatment and Protection Bill, 2013

Government

23-Sep-13 23-Sep-13

The Sindh New Born Screening Bill, 2013

Government

10-Feb-14 10-Feb-14 The NIBD Post Graduate Institute of Life

Sciences Bill, 2014 Government

Labor Rights and Employment Regulation

17

The Assembly passed 15 laws relating to the subject of labour rights and regulation of the

employments of workers, including civil servants. The Assembly amended the Sindh Civil Servants (Regularization of Adhoc Appointments) Act, 1994 to give it retrospective effect. The law of 1994 had regularized the services of all government employees appointed on ad hoc basis in Grade 16 or above as civil servants with effect from the date of commencement of the law. However, the recent amendment gives it effect from the date of the initial appointment of each employee regularized under the act.

The Assembly, through legislation, restored 619 employees sacked during the tenures of previous governments between 1997 and 2008. The Assembly also established the provincial Employees Old-Age Benets Institution (EOBI), a statutory body to provide pension and other benets to the workers registered with it. An

amendment was also made to the statute in 2016.

The Assembly legislated providing for the absorption of federal civil servants of the departments devolved to provinces under Eighteenth Constitutional Amendment in to the provincial service. Moreover, it also empowered the provincial government to appoint ofcials on deputation through another amendment in the civil service law.

Similarly, the Assembly also passed laws on employees' social security benets, establishment of workers' welfare fund, constitution of minimum wages board, compensation to workers in case of injury or death during the course of work, regulating the payment of wages and employment in factories, shops and other commercial establishments. These previously federal laws were adopted as it is or with some modications by the province in wake of 18th Amendment.

Empowering provincial assemblies standing committees on labor to oversee Workers Welfare Fund and EOBI

1


Enforcing anti-discrimination legislation for working class

2Establishment of commission for implementation of labour laws

3Establishment of district labour committees4Establishment of fair-price cooperative shops for workers

5

JOB

30-Jan-17 30-Jan-17 The Sindh Payment of Wages Bill, 2015 Government

22-Sep-16 22-Sep-16The Sindh Sacked Employees’ (Reinstatement) Bill, 2016

Government

29-Apr-16

29-Apr-16The Sindh Employees’ old-age Benets (Amendment) Bill, 2016

Government


Date of Passage


Provincial Level Legislative Promises in PPPP Manifesto on Labor Rights and Employment Regulations

Increasing laborers’ shares up to 25 percent under the Benazir Employees Stock Option Scheme (BESOS)

7

Increasing minimum wage to 18,000 rupees per month

8Legislation to provide social security to home-based workers, domestic workers, farm workers and peasants

9

Legislation to safeguard employment and service conditions, enforce occupational health and safety measures, and promote human resource development

9

Passage of Trade Unions Act10Provision of mortgaged houses to government ofcials

11Repealing laws in contravention of ILO conventions

12


Labor Rights and Employment Regulation

Housing facilities for workers under public–private partnership

6Date of

IntroductionDate of Passage


25-Jan-16 22-Apr-16The Sindh Companies Prots (Workers’ Participation) Bill, 2015

Government

18-Jan-16 21-Mar-16The Sindh Shops and Commercial Establishment Bill, 2015

Government

21-Mar-16

21-Mar-16

The Sindh Terms of Employment (Standing Orders) Bill, 2015

Government

21-Mar-16

21-Mar-16

The Sindh Factories Bill, 2015

Government

18-Dec-15

25-Jan-16

The Sindh Minimum Wages Bill, 2015

Government

15-Feb-16

29-Feb-16

The Sindh Employees’ Social Security Bill, 2016

Government

25-Feb-16

25-Feb-16

The Sindh Workers’ Compensation Bill, 2015

Government

26-Sep-14

4-May-15

The Sindh Workers Welfare Fund Bill, 2014

Government

10-Apr-15

10-Apr-15

The Sindh Civil Servants (Amendment) Bill, 2015

Government

24-Oct-14

10-Dec-14

The Sindh Employees Old-Age Benets Bill, 2014

Government

24-Oct-14

24-Oct-14

The Sindh Civil Servants (Amendment) Bill, 2014

Government

28-Feb-14

28-Feb-14 The Sindh Civil Servants (Regularization

of Adhoc Appointments) (Amendment) Bill, 2014

Government

Human Rights & Social Welfare

19

The Assembly passed 13 laws related to matters of women, minorities, children rights and

social welfare. One of these pieces of legislation crafted provisions for recognition of people laying their lives in acts of terrorism and nancial compensation and welfare of their families. An amendment to the law empowered the government to appoint the family members of the deceased in the government service. The Assembly also approved the legislations aiming at welfare of senior citizens and persons with disabilities, including reservation of quota in jobs. Another law banished the bonded labour and prescribed

punishments for offenders. The Assembly outlawed child labor, child marriages and corporal punishments in educational institutions as well.

The House legislated for setting up Provincial Commission on Status of Women and Minorities Rights Commission. The Assembly also amended criminal laws to prescribe strict punishments for forced conversions of minorities and mandatory DNA testing in rape cases. Another provincial legislation provided for registration of marriages between persons of Hindu community.

Provincial Level Legislative Promises in PPPP Manifesto on Human Rights and Social WelfareEstablishment of Equality Commission for fair pay and job policy for women and minorities

1


Statutory Status to the Commission on Minorities2Enactment of anti-discrimination and anti-harassment legislation to protect women

3


Date of Passage


27-Mar-17 29-Mar-17The Sindh Shaheed Recognition and Compensation(Amendment) Bill, 2017

Government

2-Feb-17 2-Feb-17The Code of Criminal Procedure (Sindh Amendment) Bill, 2017

Government

22-Dec-15 31-Jan-17

The Sindh Prohibition of Corporal Punishment Bill, 2015

Private

25-Jan-17 25-Jan-17

The Sindh Prohibition of Employment of Children Bill, 2017

Government

22-Dec-15 24-Nov-16

The Criminal Law (Protection of Minorities) Bill, 2015

Private

22-Dec-15 17-Nov-16

The Sindh Minorities Rights Commission Bill, 2015

Private

Strengthen law enforcement against bonded labour and human trafcking

4


Date of Passage


25-Jan-16 29-Apr-16The Sindh Bonded Labor System (abolition) Bill, 2015

Government

27-Oct-14 29-Apr-16

The Sindh Senior Citizens Welfare Bill, 2014

Government

15-Feb-16 15-Feb-16

The Sindh Hindus Marriage Bill, 2016

Government

2-Mar-15 6-Apr-15

The Sindh Commission on the Status of Women Bill, 2015

Government

22-Jan-15 6-Feb-15

The Sindh Differently able persons (Employment, Rehabilitation and Welfare) Bill, 2014

Government

31-Oct-13 28-Apr-14

The Sindh Child Marriages Restraint Bill, 2013

Government

21-Apr-14 25-Apr-14 The Sindh Shaheed Recognition and

Compensation Bill, 2014 Government


Human Rights & Social Welfare

Increasing women quota in jobs to 20 per cent5Representation of women in private and public-sector boards

6Legislation for prevention of acid crimes7Legislation for prevention of forced conversions8Consolidation of provincial Child Protection Authorities and Bureaus

9Consolidation of provincial Child Protection Authorities and Bureaus

10Amendments in Pakistan Penal Code to raise minimum age of criminal responsibility from 7 to 12 years

11

Amendments in Juvenile Justice System Ordinance 2002 to allow for the creation of children’s courts

12

Institutionalize engagement with civil society on legislative measures and human rights

13

Education

The Assembly passed 10 bills, including ve Private Members' bills related to education during

the reporting period. The education-specic legislation focused on establishing new universities and institutes of higher education.

The Assembly, by law, granted the charters to the Altaf Hussain University Karachi, the Altaf Hussain University Hyderabad, the Barrett Hodgson International University Karachi, the Malir University of Science and Technology Karachi, the Metropolitan

University Karachi, the Karachi Institute of Technology and Entrepreneurship, the Sindh Institute of Management and Technology, the Benazir Bhutto Shaheed University of Technology and Skill Development and the Etihad University.

The Assembly also passed the Sindh School Education Standards and Curriculum Bill, 2014 providing for maintenance of school education standards and design and revise curriculum, textbooks and other learning materials.

21

Provincial Level Legislative Promises in PPPP Manifesto on EducationIncentivizing girls’ education1


Increasing education spending to 4.5 percent of GDP

2

Reforms in language policy with stress on mother tongue

3

Reforms in religious education seminaries4 Universal education5Universal enrolment by 20186


Date of Passage


24-Jan-17 31-Jan-17 The Etihad University Bill, 2017 Private

18-Jan-16

29-Sep-16

The Karachi Institute of Technology and Entrepreneurship Bill, 2015

Government

22-Apr-16

22-Apr-16

The Benazir Bhutto Shaheed University of Technology and Skill Development Bill, 2016

Government

11-Aug-15

26-Jan-16

The Metropolitan University Karachi Bill, 2015

Private

7-Aug-15

12-Aug-15

The Malir University of Science and Technology, Karachi Bill, 2015

Government

20-May-15

20-May-15

The Barret Hodgson International University at Karachi Bill, 2015

Government

27-Jan-15

17-Feb-15

The Sindh Institute of Management and Technology Bill, 2015

Private


Education


Date of Passage


17-Nov-14

10-Dec-14

The Sindh School Education Standards and Curriculum Bill, 2014

Government

9-Dec-14

9-Dec-14

The Altaf Hussain University at Hyderabad Bill, 2014

Private

9-Dec-14 9-Dec-14 The Altaf Hussain University at Karachi Bill, 2014 Private

The Sindh Assembly passed four nance bills during the reporting period giving effect to the

government's nancial proposals. In addition, the House also legislated for setting up the Fund Management House with objectives to look after and manage investments in the province. The Assembly also revised the property tax and toll on goods transportation through amendments in the Finance

Acts of 2014 and 1993. The Assembly also approved imposition of taxes on services related to renting of immovable property and collection of cess for development and maintenance of infrastructure.

Economy

23

Provincial Level Legislative Promises in PPPP Manifesto on Economy


Establishment of a ‘Weaving City’1Establishment of cottage and craft industries at district levels

2

Expansion of SME sector through capacity and access to credit, investment in milk processing and extend crop insurance for the agriculture sector

4

Establishment of Special Economic Zones3


Date of Passage

Bill Title

Bill Type

17-Jun-13

29-Jun-13

The Sindh Finance Bill, 2013

Government

27-Mar-17

29-Mar-17

The Sindh Development and Maintenance of Infrastructure Cess Bill, 2017

Government

11-Jun-16

26-Jun-16


Government

18-Dec-15

15-Feb-16

The Sindh Sales Tax on Services (Amendment) Bill, 2015

Government

13-Jun-15

25-Jun-15


Government

6-Apr-15

4-May-15

The Sindh Finance (Amendment) Bill, 2015

Government

6-Apr-15

10-Apr-15

The Sindh Finance (Amendment) Bill, 2015

Government

13-Jun-14

25-Jun-14


Government

19-Sep-13

19-Sep-13

The Sindh Fund Management House Bill, 2013

Government

Security and Legal Reforms

24

he Assembly passed eight

Tlegislative proposals related to security matters during the

reporting period. It amended the Sindh Arms Act 2013 four times providing for registration and licensing of the arms. The Assembly approved the Sindh Emergency Procurement Bill, 2014 empowering the government to bypass the procurement regulations for purchasing items related to the security, such as armored personnel carrier, bomb proof and bullet proof jackets, helmets and vehicles, arms and ammunitions on urgent basis.

The Assembly also passed the Sindh

Information of Temporary Residents Bill, 2015 making the registration of tenants and temporary residents with the police compulsory. Similarly, the Assembly, by law, authorized the District Security Advisory Committees to identify establishments vulnerable to security breach and direct the managers of such establishments to take prescribed security measures. The House also passed a government sponsored law – the Sindh Witness Protection Act, 2013 – to give protection to the witnesses providing evidence in criminal proceedings.

Provincial Level Legislative Promises in PPPP Manifesto on Security and Legal Reforms



Date of Passage

Bill Title

Bill Type

2-Feb-17

2-Feb-17

The Sindh Arms (Amendment) Bill, 2017

Government

22-Sep-16

28-Sep-16


Government

6-Apr-15

17-Apr-15

The Sindh Security of Vulnerable Establishments Bill, 2015

Government

6-Apr-15

13-Apr-15

The Sindh Information of Temporary Residents Bill, 2015

Government

19-Aug-13

18-Sep-13

The Sindh Witness Protection Bill, 2013

Government

6-Feb-15

16-Feb-15


Government

27-Oct-14

17-Nov-14


Government

7-Feb-14

7-Feb-14 The Sindh Emergency Procurement Bill,

2014 Government

Witness and Judges’ protection programmes1Legislation for mobile courts and evening courts

2Mechanism for alternate dispute resolution (ADR) mechanism3Institutionalization of free legal aid4Strengthen civil courts with a time limit on adjudication

5Legislation for ethical practice in legal fraternity 6

Environment and Agriculture

The Assembly passed two laws relating to the environment and livestock breeding. The

government sponsored law, the Sindh Livestock Breeding Act, 2016 provided for establishment of Livestock Breeding

Authority to regulate the services in this sector. The Assembly passed a treasury-backed law to protect environment and control pollution. The law aimed to promote sustainable development by addressing environment related issues.

FAFEN Legislation Tracker 2017 - Provincial Assembly of Sindh 25

Environmental protections and conservation incentives in every national and provincial program

1

Protecting natural resources, wildlife and the environment

2


Date of Passage

Bill Title

Bill Type

14-Nov-16

10-Mar-17

The Sindh Livestock Breeding Bill, 2016

Government

17-Feb-14

24-Feb-14 The Sindh Environmental Protection Bill,

2014 Government

Provincial Level Legislative Promises in PPPP Manifesto on Environment & Agriculture

Legislation to check contamination of pesticides, fertilizer and other agricultural inputs

4

Introduction of policy incentives to promote agroindustry in rural areas

3

No indirect taxation on the agriculture sector5Regulatory body to keep check on fertilizer prices6

The Assembly passed the Sindh Transparency and Right to Information Bill, 2016 to

institutionalize the provision of information regarding public bodies to the citizens. Sindh is second last among four provinces to adopt an updated Right to Information law. Under the law,

the citizens may apply to the public bodies to seek information falling in the public purview and the concerned department would be bound to provide the requested information within 30 days.

Provincial Level Legislative Promises in PPPP Manifesto on Transparency and AccountabilityAccountability at all levels1Enactment of freedom of Information law

2



Date of Passage


23/11/2016

13/03/2017

The Sindh Transparency and Right to Information Bill, 2016

Government

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