Senate authorisation to levy RGST: ruling reserved on constitutional 'controversy'

25 Nov, 2010

Senate Chairman on Wednesday reserved ruling on the constitutional 'controversy' whether or not the authorisation of the Upper House of the Parliament is essential to levy Reformed General Sales Tax or it could only be a body to give recommendations.
The issue was raised by Leader of Opposition Wasim Sajjad before further consideration of the motion moved by Leader of the House Syed Nayyar Hussain Bokhari that the Senate may give recommendations to the National Assembly on the General Sales Tax Bill, 2010, under Article 73 of the Constitution.
Referring to Article 77 of the Constitution, Sajjad said the Federal Government cannot levy any new tax without authorisation of Majlis-e-Shura that contains: The National Assembly, Senate and President. He said that under the Article no tax should be levied aimed at benefiting Federation without the authority of the Parliament, which comprises both the National Assembly and Senate.
He sought the ruling of the chair on the matter, saying that referring the Bill by the National Assembly merely for recommendations of the Upper House was not sufficient. While responding, Minister for Parliamentary Affairs, Law and Justice Dr Babar Awan said the General Sales Tax Bill, 2010 was part of the money bill and only National Assembly gives approval to it. He further said that the Constitution authorises the Speaker National Assembly to declare a bill as money bill whenever a question arises that whether a bill is a money bill or not.
He said that under the Constitution, the Senate should make recommendations on Finance Bill within 14 days when referred by the National Assembly. Mian Raza Rabbani, while referring to Article 260 of the Constitution, said that Act of the Parliament means an Act passed by the Parliament or National Assembly with the assent of the President. However, the Chairman Senate reserved his ruling on the matter to be given today (Thursday).
The House also referred a privilege motion by Chairman Standing Committee on Finance Senator Ahmed Ali to concerned committee of the House for report on the allegedly 'deliberate' delay of PIA flight from London on which he was coming to Islamabad to chair the Finance Committee's meeting which approved the reformed general sales tax bill.
Meanwhile, the Chairman advised opposition's Senator Nelofar Bakhtyar to bring a private member bill to review the controversial blasphemy laws. Earlier, speaking on a point of order Senator Nelofar Bakhtyar called for review of the Blasphemy Law, which she said has been misused for years to target members of the minorities. She referred to the recent victim of this Law, Asia Bibi and said that the law must be reviewed as it is cultivating anarchy in the society.
She said that public opinion should be built and Ulema be consulted to review the blasphemy laws and also expressed the hope that President Asif Ali Zardari will pardon Asia Bibi. To a point of order was seconded by the opposition's senator, Dr Khattomal of the PPP who also called for review of the Blasphemy Law and added that the law was being misused for personal motives. The Senator said that he was not demanding repeal of the law, but it should be reviewed.
JUI-F's Maulana Abdul Ghafoor Haidri, while speaking on point of order rejected the impression that the blasphemy law was targeting only the members of minority communities, adding that the bill calls for protecting sanctity of holy prophets. Meanwhile, Minister for Information Technology and JUI-F Senator Azam Swati condemned the statement of human rights activist Ansar Burney for blaming his party chief Maulana Fazlur Rehman for linkages with the banned Tehreek Taliban Pakistan and urging the UK government to ban entry of the Maulana into the UK.
Some senators belonging to Balochistan raised the issue of target killings in the province. Hasil Khan Bezinjo of the National Party said that 20 people have been killed in last one month and their smashed dead bodies were found from different deserted places of the province. He said that the one-month old dead bodies of six Baloch youth were found the other day in Pashin, which caused fuelling further anger among Baloch people.
PML-Q's Senator from Balochistan, Mir Mohabbat Khan Marri came up with a different version and advised Bezinjo to mention the killing of non-Baloch in the province. He said that a civil war like situation was continued in Balochistan since long and innocent people were being killed.
Taking notice of the situation, Senate Chairman Farooq H Naek directed Leader of the House Syed Nayyar Hussain Bokhari to take updates from Chief Secretary Balochistan and also submit report to the House.

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