Khosa refuses to issue ordinance on CM’s advice

LAHORE: Against the backdrop of ongoing rift between the Centre and Punjab government over devolved departments, Punjab Governor Sardar Latif Khosa Wednesday refused to issue and ordinance on the advice of Punjab chief minister, maintaining that it was a federal subject out of the domain of Punjab government.

The chief minister wanted adaptation of the Drugs Act of 1976, earlier enacted by the National Assembly, through promulgation of an ordinance on the plea that the subjects of drugs and medicines were part of the then Concurrent Legislative list, and since the said list had been omitted as a result of 18th amendment, these subjects had become residuary subjects and the Provincial Assembly of the Punjab had the authority to legislate on those subjects in terms of Article 142(c) of the Constitution. It has been pleaded further in the chief minister’s advice to the governor that since Punjab Assembly is not in session, and circumstances exist which render it necessary to take immediate action, the governor should promulgate the ordinance.

While rejecting CM’s advice, the governor has quoted federal government’s notification No.4-9/2011-Min.I, dated 29.06 2011, regarding devolution of seven federal ministries; and also referred to Item No 11 of the said notification to establish that the subject of legislation pertaining to drugs, medicines and other related subjects has been assigned to the proposed Drug Regulatory Agency which will work under the Cabinet Division.

According to the said notification, the administration of Drug Act, 1976 and poisons and dangerous drugs have also been assigned to the Drug Regulatory Agency which will function under the federal government.The governor has noted that the said notification was issued consequent upon deliberations / decisions of the Implementation Commission constituted under Clause (9) of Article 270AA of the Constitution and with the approval of the Cabinet by the Government of Pakistan, Cabinet Division, – Nation