ISLAMABAD: The federal government is all set to amend Universal Service Fund (USF) Rules, 2006 aimed at giving powers to the committee headed by Minister for Information Technology and Telecom, official sources told Business Recorder.
On October 1, 2020, the CCLC was informed that the USF was created under section 33-A of the Pakistan Telecommunication (Re-organisation) Act, 1996 (Telecom Act) by the Federal Government. Under Section 33-B the Federal Government shall have the power to administer the USF in such manner as may be prescribed. The USF shall be utilized exclusively for providing access to telecommunication services to people in the un-served, rural and remote areas and other expenditure to be made and incurred by the Federal Government in arranging USF. The USF is mainly funded by a fixed portion of fee paid by the licenced telecom operator with no contribution from the Federal Government.
The CCLC was also informed that a high-level committee under USF Rules 2006 had been constituted as policy committee on behalf of the Federal Government for management and administration of the USF. The Policy Committee comprised the following: (i) Federal Minister for IT (Chairman); (ii) Secretary, IT & Telecom Division Government of Pakistan (member); (iii) Secretary, Finance Division Government of Pakistan (member); and (iv) Additional Secretary, Cabinet Division Government of Pakistan (member).
The committee was also informed that the policy committee of USF approved for incorporations/ amendment or adoption of the services rules for this finance of the USF, which required amendments in the USF Rules 2006. The amendments are meant to ensure that all the mandated functions of the policy committee shall be performed through a proper secretariat to be called as Fund Secretariat. The earlier team of USF shall become regular part of the Secretariat. The proposed amendments in the USF Rules have been duly shared with the Finance Division and the Law and Justice Division for concurrence and vetting. Finalized draft notification of the proposed amendments was concurred by the Finance Division and vetted by the Law and Justice Division.
The Ministry recommended that the proposed amendments in USF Rules 2006 may be approved under Section 57, read with section 33-B, of Telecom Act. The Committee approved proposed amendments for consideration of the Cabinet.
Amendments in Services Rules of Gwadar port Authority (GPA): The CCLC was informed that the Gwadar Port Authority (GPA) was established under Ordinance No; LXXVII of 2002. In accordance with Section 72 of the Gwadar Port Authority Ordinance 2002, GPA is empowered to make regulations, with the prior sanction of the Federal Government, for carrying out the purpose of the Ordinance.
The CCLC was also informed that the final draft Service Regulations of GPA were approved by GPA Board and shared with the Establishment Division for vetting. Establishment Division vetted the same with the directions to consult other concerned stakeholders for the relevant articles/clauses. Accordingly, Maritime Affairs Division forwarded the draft Service Regulations to Finance Division and Capital Administration & Development Division (CA&DD) for necessary input/comments. The input from Finance Division and Capital Administration & Development Division were subsequently incorporated in the draft Service Regulations.
The CCLC was apprised that the case was submitted to the Committee on November 24, 2017 which directed to re-draft the regulations in consultation with Establishment Division especially by taking into consideration section 52 of GPA Ordinance 2002 and re-submit the revised draft within one week, for consideration of the Committee. In compliance with the directions of the CCLC, Service Regulations have been redrafted in consultation with the Establishment Division.
The CCLC was also apprised that the draft Service Regulations for Officers and Employees of GPA have been vetted by the Law & Justice Division which advised to get the approval of the Cabinet in light of rule I6(l)(a) of the Rules of Business, 1973 read with the Supreme Court's judgment reported at PLD 2016 SC 808 prior to the notification of the regulations. The CCLC approved draft Service Regulations of GPA.
The CCLC was informed that the Dowry and Bridal Gifts (Restriction) Act 1976 restricts the values of dowry, bridal gifts and presents given to brides in Pakistan. Due to changes in socio-cultural environment, rising inflation and devaluation of currency, the said Law requires amendments in various sections. The CCLC was also informed that to amend the said Act, the sponsoring Division has processed an Official Bill titled, "Dowry and Bridal Gifts (Restriction) (Amendment) Bill, 2020, to the extent of ICT.
The Bill seeks to impose ban on demand and display of dowry items and bridal gifts. It also seeks to substitute the values of money, mentioned in the Act, with values of gold to make this Act suitable for all times. The Bill, provides for: (i) prohibition on dowry items and bridal gifts exceeding the value' of four tolas of gold (amendment in section 3 of Act);(ii) prohibition on demand and display of dowry and bridal gifts (insertion of sub-section 3 in section 3 of Act); (III) prohibition on presents exceeding the value of Rs 1,000/- from any invitee of marriage (Amendment of section 4);(iv) prohibition on marriage expenses exceeding the value of four tolas of gold excluding the value of dowry/bridal gifts but including expenses of marriage functions (amendment of section 6);(v) insertion of section 6A in the Act providing that: At the time of Nikah, the parents of each party to a marriage shall prepare and enter in appropriate column of the Nikahnama the complete list of dowry items and bridal gifts, along with their values;( vi) insertion of section 5(2) in Act providing that: In case of Talaq, a bride shall be entitled to the dowry items and bridal gifts or the money 'equivalent to their value and (vii) in section 9(1) of Act, the imprisonment be increased from "six months to "one year".
The CCLC was also informed that it is pertinent to mention that the Ministry had submitted a summary to the previous CCLC in respect of this Bill after its endorsement by Federal Ministry of Human Rights and then CADD Division while Interior Division had replied that the Bill does not relate to it. However, the previous CCLC had directed the sponsoring Division to consult the provincial governments on the subject and to resubmit the summary. Accordingly, all Provincial Governments were requested to provide input. After continuous follow-up, all the provincial governments have endorsed the Bill and have supported the conversion of money into gold. Government of AJ&K, Balochistan, Gilgit-Baltistan and KP have endorsed the Bill in totality while Sindh & Punjab have endorsed with following suggestions: (i) Punjab-value of 4 tolas gold is too high, it should be only 2 tolas;(ii) Sindh- law should discourage demand and display of dowry and participants of marriage may lodge fabricated complaints to settle their personal scores; (iii) Balochistan- The Act may extend to whole of Pakistan and; (iv) KP-federal government should make rules under the Act.
Federal Government has however clarified that after 18th constitutional amendment, the subject of 'Marriage' has been devolved to Provinces. So, the Federal Government can legislate up to extent of ICT only.
During discussion, the Members pointed out that the proposed amendments in the Act would adversely affect the social fabric of the society by promoting social inequality and injustice. Moreover, such provisions are discriminatory in nature and against Islamic injunctions. In Islam there is no concept of (mandatory) dowry; linking it to the gift given to a daughter at the time of her marriage, would be misleading and can be exploited by the groom side. The members were of the view that the entire bill should be amended to ban dowry altogether and focus should be placed on Haq Mehar.
The Minister for Religious Affairs & Interfaith Harmony was of the view that the Act, in which amendments have been proposed, was promulgated in 1976 and since then the comparative prices of many things have increased manifold. He further stated that the Act maximum limits have been increased in order to make the law practically enforceable.
Some members of the CCLC were of the view that no changes are required at this stage, as opening this discussion would complicate the issue further. It was also informed that these rules have not been placed before the Council of Islamic Ideology for its consideration/opinion. Majority of the members suggested that the matter needs further deliberations, hence the same may be placed before the forum after detailed deliberation and after responding to all queries raised by the members of the Committee.
After conflicting arguments by the members, the CCLC deferred consideration of the summary for further deliberations.
Copyright Business Recorder, 2020