Naya Pakistan housing authority ordinance to lapse on 24th

ISLAMABAD: The Naya Pakistan Housing and Development Authority (NPHDA) Ordinance, which was promulgated to undertake the government’s flagship project of building five million houses in five years, is going to expire after 21 days as it has not so far been passed by parliament. It was issued on May 24 this year.

The ordinance was laid in the National Assembly on July 29 and in the Senate just two days ago along with three other similar legislative pieces. The opposition staged a walkout, resenting the issuance of ordinances, voicing its plan not to support passage of any such proposed legislation.

It will lapse on September 24 if this was not approved by Parliament by then. There are no indications that it will sail through the opposition-dominated Senate even if it was cleared by the National Assembly where the Pakistan Tehreek-e-Insaf (PTI) and its allies enjoy majority. No efforts are in sight on the part of the ruling alliance to take the opposition on board on any kind of its proposed lawmaking. The two sides are not even on talking terms and emit no signs that they will break bread any soon.

The NPHDA ordinance provides for housing and real estate development, and other activities related to land and construction. Under it, the NPHDA will be established for the purposes of planning, development, construction and management of real estate projects. The prime minister will be its patron, review its performance and give general policy directions. He will constitute the policy board comprising not less than five and not more than 11 members, including chairman for a term of five years.

Omar Sajjad said superior courts have not approved re-issuance of ordinances through different judgements. “Lawmaking is the job and duty of parliament and not the executive. Promulgation of ordinances is the legislation done by the executive. The Constitution does allow it but in certain situation.”

Under Article 89 of the Constitution, the president may, except when the Senate or National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an ordinance as the circumstances may require. It will have the same force and effect as an Act of Parliament and will be subject to like restrictions as the power of Parliament to make law.

It also says that the ordinance will stand repealed at the expiration of 120 days from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by either parliamentary chamber upon its passage, upon passage of such motion.

However, the article says that the National Assembly may by a resolution extend the ordinance for a further period of 120 days. Extension for further period may be made only once. It may be withdrawn at any time by President. The Senate doesn’t have anything to do with ordinances or other laws containing financial matters. The National Assembly has the sole domain over such kind of legislation.

Meanwhile, a noted constitutional expert said that President Dr Arif Alvi is required to issue a repealing ordinance to revoke the Gas Infrastructure Development Cess (GIDC) Ordinance on the prime minister’s advice. A mere announcement by Prime Minister Imran Khan to withdraw the controversial GIDC ordinance is inconsequential because it needs to be formally repealed by the president.

“There are three ways to do away with an ordinance—let it expire after 120 days; dispense with it through a disapproving resolution to be passed by either the National Assembly or the Senate and repeal it by another ordinance,” Barrister Omar Sajjad explained to The News.

He said that as the ordinance was promulgated by the president on the premier’s advice, it will be repealed by him on the same pattern. The president has no power to issue or revoke an ordinance on his own and just acts on what he is advised by the prime minister. The repealing ordinance will also expire after four months.

The GIDC ordinance was promulgated after the approval of its draft by the federal cabinet, which belatedly raised objections to it after public resentment over the waiver of Rs208 billion emerged.