ISLAMABAD, Dec 20: Senate Chairman Nayyar Bokhari on Thursday stopped Minister of State for Finance Salim Mandviwala from tabling the `tax amnesty bill’ in the Senate after treasury and opposition members raised questions over its legal and constitutional status.

The objection came first from Pakistan People’s Party’s Raza Rabbani who was later joined by Opposition Leader Ishaq Dar of Pakistan Muslim League-N. The two were of the view that presenting of the proposed law in the Senate in the form of a “money bill” was a “serious violation of the Constitution”.

“The finance minister has violated the Constitution,” Mr Rabbani said, adding it seemed the finance minister, who was not in the house, was not well versed in the Constitution.

Mr Rabbani said it was clearly mentioned in Article 73 of the Constitution that a money bill should be presented in the National Assembly and the Senate simultaneously.

He said the bill – seeking to amend tax laws mainly to bring more taxpayers into the tax net – was introduced in the National Assembly on Dec 17 but it was presented in the Senate after a delay of three days.

He explained that like the federal budget, the Senate was not required to approve the money bill and its job was only to send recommendations to the National Assembly within 14 days. “When would the 14-day period begin?” he said and requested the chairman to give a ruling. The two senators were particularly critical of the title of the proposed law which Mr Mandviwala had tried to move as “money bill”.

Quoting Article 73(2), Mr Rabbani said the proposed law did not qualify to be defined as money bill and the government should have introduced it as a piece of simple legislation.

He said it had been mentioned in the “Statement of Objects and Reasons” attached with the bill that it sought to amend the Income Tax Ordinance 2001 to provide a mechanism for bringing potential taxpayers into the tax net and to enforce compliance to tax laws by giving a one-time opportunity to the unregistered persons and non-filers to regularise their tax affairs. He said only the speaker, National Assembly, through a ruling could declare it a money bill.

Supporting Mr Rabbani’s views, Mr Dar voiced concern over giving unlimited powers to the Federal Board of Revenue through the bill. “Tomorrow, you will give powers to the FBR to even impose taxes in the country,” he remarked sarcastically and warned that the law would be thrown out by courts, if challenged.

When the minister of state tried to lay the bill in the absence of Finance Minister Abdul Hafeez Shaikh, the Senate chairman asked him either to respond to the objections raised by the members or call the finance minister to come to the house and table the bill.

Mr Mandviwala then requested the chairman to defer the bill till Friday morning, adding he would ask either the law minister or the finance minister to explain the government’s position on the issue.

RESOLUTION: Later, the Senate unanimously passed a resolution strongly condemning the acts of violence against polio vaccination workers in the country and asking the federal and provincial governments to provide protection to health teams.

Speaking on an adjournment motion on the issue, the senators from across the divide termed these attacks an attempt to malign the country at the international level.

They asked the government to expose “conspirators and enemies of the country” and bring the culprits to justice.

Minister for Inter-Provincial Coordination Mir Hazar Khan Bijarani reaffirmed the government’s commitment to eradicating the crippling disease from the country despite these attacks. He told the house that the government would work out a strategy to ensure protection of health workers in the next immunisation campaign.

MINISTERS’ ABSENCE: During the question hour, the senators expressed anger over the absence of ministers from the house, saying the ministers were taking the Senate for a ride and hurting the sanctity of parliament.

Mr Rabbani urged the chairman to use his special powers and suspend the ministers who did not come to the house to give replies to the questions, for at least two sittings.

Law Minister Farooq Naek assured the house that he would take up the matter with the prime minister and was hopeful that things would improve soon. He said the government had faced a similar situation in the National Assembly on Wednesday.