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18TH CONSTITUTIONAL AMENDMENT
&
DEVOLUTION OF AGRICULTURE
Aamer Irshad
Chief Food and Agriculture
Planning Commission
DEVOLUTION
 Devolution- provincial to
local
 Local Government
Ordinance 2001
 More share of provinces
in divisible pool
 7th NFC Award-2009
 Devolution -federal to
provincial
 18th Constitutional
Amendment-2011
 Devolution- federal to
provincial
 NFC Award
 Devolution- provincial to
local
What happened What it should be
RELATIONS BETWEEN FEDERATION AND
PROVINCES (Pre 18th Amendment)
 Legislative Lists, under Article 70(4):
 Federal Legislative List (67 subjects): Parliament has the
exclusive power to make laws with respect to any or all
subjects (Part- I, 59 & Part -II, 8)
 Concurrent Legislative List (47 subjects): Parliament and
Provincial Assemblies can make laws.
3
AGRICULTURE AND CONSTITUTION
 Agriculture, in original Constitution, neither in FLL nor
CLL thus residuary power of Provinces
 Federation role traced back to enactment of Seeds
Act 1976, on request of provinces under Article 144
 Entries on drugs, medicines and poisons in CLL provided
Federation for Plant Quarantine Act 1976 &
Agricultural Pesticides Ordinance 1971
 Federation further exploited FLL 16, 19, 25, 27 and 32
for its extended role in the field of Agriculture
RELATIONS BETWEEN FEDERATION AND
PROVINCES (Post 18th Amendment)
 Abolishment of Concurrent Legislative List
 Changes in Federal Legislative Lists
 Part-I ( subjects decreased from 59 to 56)
 Weakening of Federal legislative Part-I
 Part-II: ( subjects increased from 8 to18)
 Strengthening of Federal Legislative List Part-II
 Enhanced control of CCI
5
FEDERAL LEGISLATIVE LIST

Part I, No. 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

Part I, No. 19
 Port quarantine, seamen’s and marine hospitals and
hospitals connected with port quarantine

Part I, No 25
 Copyright, inventions, designs, trademarks and merchandise
marks
FEDERAL LEGISLATIVE LIST

Part I, No. 27
 Import and export across customs frontiers as defined by the
Federal Government, inter-provincial trade and commerce,
trade and commerce with foreign countries; standards of
quality of goods to be exported out of Pakistan
 Part I, No 32 (New)
 International treaties, conventions and agreement and
international arbitration

Part II, No. 7(Shifted from Part I)
 National planning and national economic coordination
including planning and coordination of scientific and
technological research
CONCURRENT LEGISLATIVE LIST
 No. 20
 Drugs and medicines
 No. 21
 Poisons and dangerous drugs
 No. 22
 Prevention of the extension from one province to
another of infectious or contagious diseases or pests
affecting men, animals or plants
 No. 24
 Environmental pollution and ecology
DEVOLUTION OF FOOD AND AGRICULTURE
Ministry of Livestock and Dairy Development
Ministry of Food and Agriculture
DEVOLVED
Functions 38, Departments 12, PSDP Projects 74
Federal Ministries
Functions 26, Dept. 7,Project 16
National Food Security & Research
* Functions 21, All Dept. Projects 32
Provinces
Functions10, Dept. 1, Project 19
Deleted
Function 2, Dept. 4, Project 39
*Various functions have been clubbed
9
MYTH vs. REALITY
10
Item Key Institutions Federal /Provincial
Land Boards of land revenue Provincial
Water-river flows M/o Water and Power & IRSA Federal
Seed FSC&RD Federal
Fertilizer Fertilizer Review Committee Federal
Pesticides Plant Protection Department Federal
Research PARC/PCCC Federal
Agri credit Sate Bank of Pakistan Federal
Extension Extension departments Provincial
Pricing policies Agriculture Policy Institute / ECC Federal
Food Trade Policy M/o National Food Security/ECC Federal
Fuel Prices NEPRA, OGRA Federal
Border Control Quarantine Departments Federal
IMPLICATIONS
11
 Constitution vs. abolishment of MinFA
 Development funds
 Institutional memory
 Technical record
 Custodian
 Focal point
 Litigations
 Human resources
12
Thank you

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S4 dr. aamer irsshad - devolution

  • 1. 18TH CONSTITUTIONAL AMENDMENT & DEVOLUTION OF AGRICULTURE Aamer Irshad Chief Food and Agriculture Planning Commission
  • 2. DEVOLUTION  Devolution- provincial to local  Local Government Ordinance 2001  More share of provinces in divisible pool  7th NFC Award-2009  Devolution -federal to provincial  18th Constitutional Amendment-2011  Devolution- federal to provincial  NFC Award  Devolution- provincial to local What happened What it should be
  • 3. RELATIONS BETWEEN FEDERATION AND PROVINCES (Pre 18th Amendment)  Legislative Lists, under Article 70(4):  Federal Legislative List (67 subjects): Parliament has the exclusive power to make laws with respect to any or all subjects (Part- I, 59 & Part -II, 8)  Concurrent Legislative List (47 subjects): Parliament and Provincial Assemblies can make laws. 3
  • 4. AGRICULTURE AND CONSTITUTION  Agriculture, in original Constitution, neither in FLL nor CLL thus residuary power of Provinces  Federation role traced back to enactment of Seeds Act 1976, on request of provinces under Article 144  Entries on drugs, medicines and poisons in CLL provided Federation for Plant Quarantine Act 1976 & Agricultural Pesticides Ordinance 1971  Federation further exploited FLL 16, 19, 25, 27 and 32 for its extended role in the field of Agriculture
  • 5. RELATIONS BETWEEN FEDERATION AND PROVINCES (Post 18th Amendment)  Abolishment of Concurrent Legislative List  Changes in Federal Legislative Lists  Part-I ( subjects decreased from 59 to 56)  Weakening of Federal legislative Part-I  Part-II: ( subjects increased from 8 to18)  Strengthening of Federal Legislative List Part-II  Enhanced control of CCI 5
  • 6. FEDERAL LEGISLATIVE LIST  Part I, No. 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  Part I, No. 19  Port quarantine, seamen’s and marine hospitals and hospitals connected with port quarantine  Part I, No 25  Copyright, inventions, designs, trademarks and merchandise marks
  • 7. FEDERAL LEGISLATIVE LIST  Part I, No. 27  Import and export across customs frontiers as defined by the Federal Government, inter-provincial trade and commerce, trade and commerce with foreign countries; standards of quality of goods to be exported out of Pakistan  Part I, No 32 (New)  International treaties, conventions and agreement and international arbitration  Part II, No. 7(Shifted from Part I)  National planning and national economic coordination including planning and coordination of scientific and technological research
  • 8. CONCURRENT LEGISLATIVE LIST  No. 20  Drugs and medicines  No. 21  Poisons and dangerous drugs  No. 22  Prevention of the extension from one province to another of infectious or contagious diseases or pests affecting men, animals or plants  No. 24  Environmental pollution and ecology
  • 9. DEVOLUTION OF FOOD AND AGRICULTURE Ministry of Livestock and Dairy Development Ministry of Food and Agriculture DEVOLVED Functions 38, Departments 12, PSDP Projects 74 Federal Ministries Functions 26, Dept. 7,Project 16 National Food Security & Research * Functions 21, All Dept. Projects 32 Provinces Functions10, Dept. 1, Project 19 Deleted Function 2, Dept. 4, Project 39 *Various functions have been clubbed 9
  • 10. MYTH vs. REALITY 10 Item Key Institutions Federal /Provincial Land Boards of land revenue Provincial Water-river flows M/o Water and Power & IRSA Federal Seed FSC&RD Federal Fertilizer Fertilizer Review Committee Federal Pesticides Plant Protection Department Federal Research PARC/PCCC Federal Agri credit Sate Bank of Pakistan Federal Extension Extension departments Provincial Pricing policies Agriculture Policy Institute / ECC Federal Food Trade Policy M/o National Food Security/ECC Federal Fuel Prices NEPRA, OGRA Federal Border Control Quarantine Departments Federal
  • 11. IMPLICATIONS 11  Constitution vs. abolishment of MinFA  Development funds  Institutional memory  Technical record  Custodian  Focal point  Litigations  Human resources