APROPOS of the letter ‘Labour laws need to be simplified’ (July 8), the writer conveyed his impression that provinces are not prepared to implement and handle Labour Laws, particularly those of EOBI and WWF.

This perception is not based on facts as the Labour Department, Government of Sindh, took measures which came under print for public consumption on May 19, by Dawn’s Mukhtar Alam, under the heading ‘Labour department devolution likely to meet June 30 deadline’.

He has mentioned in his letter that the federal government should continue to oversee the functioning of labour affairs. In this regard, it is clarified that this would be in contravention of Clauses 8 and 9 of Article 270AA of the amended Constitution, which clearly stipulates that on omission of the Concurrent Legislative List, the process of devolution shall be completed by June 30, 2011, through an Implementation Commission.

From the above provision of the Constitution, it will be seen that matters which were mentioned in the Concurrent Legislative List stand devolved to the provinces latest by June 30, 2011, and after the said date the subject Labour, including its components, WWF and EOBI, its infrastructure, assets and liabilities, including funds, are to be maintained and regulated by the provinces and any action or decision taken by the federal government will be in conflict with the provisions of the Constitution.

The 18th Amendment is a major breakthrough in the constitutional history of Pakistan and will go a long way in consolidating the federation of Pakistan.

Since the provincial autonomy was long cherished and awaited demand of the provinces, the government of Sindh, therefore, through its Labour Department initiated all necessary draft legislations for placing before the Provincial Assembly so that no hurdles came while discharging public duties.

Sindh province, taking the lead, also assisted its sister provinces in preparing a draft legislation of federal Acts and Rules which needed to be provincialised in view of the passage of the 18th Amendment.

However, extra efforts are required to be put in by the provinces to make it a success whereas the federal government is constitutionally bound to facilitate the implementation of the 18th Amendment in totality.

MUKHTAR HUSSAIN SOOMRO Secretary, Labour Department, Sindh, Karachi

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