In its Thursday's meeting, the committee decided to add a new clause to Article-172 of the constitution for joint sharing of natural resources by federation and provinces. The decision was taken after taking into consideration the inputs of 'Consultative Group' of the Committee which discussed Article-172 (2) of the constitution threadbare.
THE TEXT OF ARTICLE 172 (2) READS:
"(2) All lands, minerals and other things of value within the continental shelf or underlying the ocean within the territorial waters of Pakistan shall vest in the Federal Government."
The sources said that after the addition of a new clause, any province will have joint territorial ownership of the ocean within 12 nautical miles limit of its jurisdiction with federation. The committee also decided the Federation could not install any hydel project for power generation without the consultation of the concerned province.
According to sources, Council of Common Interests (CCI) would take decisions on all matters relating to provincial autonomy in Federal Legislative List part-II in future. The members of the Committee strongly recommended strengthening of the CCI to resolve all the matters of Federal Legislative List part-II and disputes among the provinces and federation.
The sources said that Committee Chairman Mina Raza Rabbani is taking up first those matters on which the parties have fewer differences. Clauses that have attracted strong reservations of the provinces would be taken up by the committee later. The committee is discussing clause by clause Federal Legislative List for the last four days. The sources said that there are differences among the nationalist and mainstream political parties on Articles-21, 29, 32, 34,49 and 53 of Federal Legislative List Part-I.
THESE ARTICLES OF LEGISLATIVE LIST ARE AS FOLLOWS:
21. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein.
29. The law of insurance, except as respects insurance undertaken by a Province, and the regulation of the conduct of insurance business, except as respects business undertaken by a Province, Government insurance, except so far as undertaken by a Province by virtue of any matter within the legislative competence of the Provincial Assembly.
32. National planning and national economic co-ordination including planning and co-ordination of scientific and technological research.
34. National highways and strategic roads.
49. Taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.
53. Terminal taxes on goods or passengers carried by railway, sea or air; taxes on their fares and freights.