Friday, January 25, 2013

The Constitution of the Islamic Republic of Pakistan Paper I of LLb Part II Provisions as to Members of Majlis-e-Shoora (Parliament)

The Constitution of the Islamic Republic of Pakistan Paper I of LLb Part II Provisions as to Members of Majlis-e-Shoora (Parliament)

62. A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless—

(a)  he is a citizen of Pakistan;

(b)  he is, in the case of National Assembly, not less than twenty-  five years of age and is enrolled as a
voter in any electoral roll for   election to a Muslim seat or a non-Muslim seat as the case may be in that
Assembly;

(c)   he is, in the case of Senate, not less than thirty  years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;
(d)  he is of good character and is not commonly known as one who violates Islamic Injunctions;
(e)  he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam
as well as well abstains from major sins;
(f)   he is sagacious, righteous and non-profligate and honest and ameen;
(g)  he has not been convicted for a crime involving moral turpitude or for giving false evidence;
(h)  he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed
the ideology of Pakistan: Provided that the disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation; and
(i)  he possesses such other qualifications as may be prescribed by Act of Majlis-e-Shoora (Parliament).

63. (1)   A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if—

(a)  he is of unsound mind and has been so declared by a competent court; or

(b)  he is an undischarged insolvent; or

(c)  he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or
(d)  he holds an office of profit in the service of Pakistan other than an office declared by law not to
disqualify its holder; or
(e)  he is in the service of any statutory body or any body which is owned or controlled by the Government
or in which the Government has a controlling share or interest; or
(f)    being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951),
he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected
as a member of the Legislative Assembly of Azad Jammu and Kashmir; or

 (g)  he is propagating any opinion, or acting in any Disqualifications for membership of Majlis-eShoora (Parliament). manner, prejudicial to the Ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan; or  
(h)  he has been, on conviction for any offence whichin the opinion of the Chief Election Commissioner
involves moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period
of five years has elapsed since his release; or
(i)   he has been dismissed from the service of Pakistan on the ground of misconduct, unless a
period of five years has elapsed since his dismissal;or
(j)  he has been removed or compulsorily retired from the service of Pakistan on the ground of misconduct
unless a period of three years has elapsed since his removal or compulsory retirement; or

(k)  he has been in the service of Pakistan or of any statutory body or any body which is owned or
controlled by the Government or in which the Government has a controlling share or interest,
unless a period of two years has elapsed since he ceased to be in such service; or

(l)  he is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a
period of five years has elapsed from the date on which that order takes effect; or

(m) he has been convicted under section 7 of the Political Parties Act, 1962 (III of 1962), unless a
period of five years has elapsed from the date of such conviction; or

(n)  he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his
account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a
contract between a cooperative society and Government, for the supply of goods to, or form the
execution of any contract or for the performance of any service undertaken by, Government :

Provided that the disqualification under this paragraph shall not apply to a person—

(i)  where the share or interest in the contract devolves on him by inheritance or succession or as a legatee,
executor or administrator, until the expiration of six  months after it has so devolved on him;

(ii)  where the contract has been entered into by or on behalf of a public company as defined in the
Companies Ordinance, 1984 (XLVII of 1984), of which he is a shareholder but is not a director
holding an office of profit under the company; or

(iii)  where he is a member of a Hindu undivided family and the contract has been entered into by any other
member of that family in the course of carrying on a separate business in which he has no share or
interest; or

Explanation. —In this Article “goods” does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government
or any law for the time being in force, under a duty or obligation to supply.

 (o)    he holds any office of profit in the service of Pakistan other than the following offices, namely:--

(i)   an office which is not whole time office remunerated either by salary or by fee;

(ii)   the office of Lumbardar, whether called by this or
any other title;
 (iii)  the Qaumi Razakars;

 (iv) any office the holder whereof, by virtue of such office, is liable to be military service under any law
providing for the constitution or raising of a Force; or

(p)   he is for the time being disqualified from being elected or chosen as a member of the Majlis-eShoora
(Parliament) or of a Provincial Assembly under any law for the time being in force.
(2)    If any question arises whether a member of the Majlise-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall refer the question to the Chief Election Commissioner and, if the Chief Election Commissioner is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.

63A. (1)   If a member of a Parliamentary Party defects, he may be means of a notice in writing addressed to him by the Head of the political party, or such other person as may be authorised in this behalf by the Head of the political party, be called upon to show cause, within not more than seven days of such a notice, as to why a declaration under clause 
  (2) should not be made against him. If a notice is issued under this clause, the presiding officer of the concerned House shall be informed accordingly. Disqualification on ground of defection, etc.

Explanation.—A member of a House shall be deemed to defect from a political party if he, having been elected as such, as a candidate or nominee of a political party, or under a symbol of political party or having been elected otherwise than as a candidate or nominee of a political party, and having become a member of a political party after such election by means of a declaration in writing.

(a)   commits a breach of party discipline which means a violation of the party Constitution, code of conduct
and declared policies, or

(b)   votes contrary to any direction issued by the Parliamentary Party to which he belongs or,

(c)    abstains from voting in the House against party policy  in relation to any Bill.

(2)    Where action is proposed to be taken under the Explanation to clause (1), sub-clause (a), the disciplinary committee of the party, on a reference by the Head of the party, shall decide the matter, after giving an opportunity of a personal hearing to the member concerned within seven days. In the event the decision is against the member, he can file an appeal, within seven days, before the Head of the
Party, whose decision shall be final. In cases covered by the Explanation to clause (1), sub-clause (b) and (c), the declaration may be made by the head of the party concerned after examining the explanation of the member and determining whether or not that member has defected.

(3)   The Presiding Officer of the House shall be intimated the decision by the Head of the Political Party in addition to an intimation which shall also be sent to the concerned member. The Presiding Officer shall within two days transmit the decision to the Chief Election Commissioner. The Chief Election Commissioner, shall give effect to such decision, within seven days from the date of the receipt of such
intimation by declaring the seat vacant and announcing the schedule of the bye-election.

(4)    Nothing contained in this Article shall apply to the Chairman or Speaker of a House.

(5)     For the purpose of this Article—

(a)  “House” means the National Assembly or the Senate, in relation to the Federation, and the
Provincial Assembly in relation to the Province, as the case may be;

(b)  “Presiding Officer” means the Speaker of the  National Assembly, the Chairman of the Senate or
the Speaker of the Provincial Assembly, as the case may be.

(6)     Notwithstanding anything contained in the Constitution, no court including the Supreme Court and a High Court shall entertain any legal proceedings, exercise any jurisdiction, or make any order in relation to any action under this Article.

64. (1)    A member of Majlis-e-Shoora (Parliament) may, by writing under his hand addressed to the Speaker or, as the case may be, the Chairman resign his seat, and thereupon his seat shall become vacant.


(2)    A House may declare the seat of a member vacant if, without leave of the House, he remains absent for forty consecutive days of its sittings.

65. A person elected to a House shall not sit or vote until he has made before the House oath in the form set out in the Third Schedule.

66. (1)    Subject to the Constitution and to the rules of procedure of Majlis-e-Shoora (Parliament), there shall be freedom of speech in Majlis-e-Shoora (Parliament) and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Majlis-eShoora(Parliament), and no person shall be so liable in respect
of the publication by or under the authority of Majlise-Shoora(Parliament) of any report, paper, votes or
proceedings.
(2) In other respects, the powers, immunities and privileges of Majlis-e-Shoora (Parliament), and the
immunities and privileges of the members of Majlis-e-Shoora(Parliament)shall be such as may from time to time be defined by law and, until so defined, shall be such as were, immediately
before the commencing day, enjoyed by the National Assembly of Pakistan and the committees thereof
and its members.


(3) Provision may be made by law for the punishment, by a House, of persons who refuse to give evidence or produce documents before a committee of the House when duly required by the chairman of the committee so to do:
Provided that any such law—
(a)  may empower a court to punish a person who refuses to give evidence or produce documents; and

 (b)  shall have effect subject to such Order for safeguarding confidential matters from disclosure as
may be made by the President.

(4)    The provisions of this Article shall apply to persons who have the right to speak in, and otherwise to take part in the proceedings of Majlis-e-Shoora (Parliament) as they apply to Vacation of seats.Oath of
members. Privileges of members, etc.members.

(5)     In this Article, Majlis-e-Shoora (Parliament) means either House or a joint sitting, or a committee thereof.

                                                         Procedure Generally

67. (1)     Subject to the Constitution, a House may make rules for regulating its procedure and the conduct of the business, and shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the House shall not be invalid on the ground that some persons who were not entitled to do so sat, voted or otherwise took part in the proceedings.

(2)     Until rules are made under clause (1), the procedure and conduct of business in a House shall be regulated by the rules of procedure made by the Parliament.

68. No discussion shall take place in Majlis-e-Shoora (Parliament) with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.

69. (1)    The validity of any proceedings in Majlis-e-Shoora(Parliament) shall not be called in question on the ground of any irregularity of procedure.

(2)    No officer or member of Majlis-e-Shoora (Parliament) in whom powers are vested by or under the Constitution for regulating procedure or the conduct of business, or for maintaining order in Majlis-e-Shoora (Parliament) shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

(3)    In this Article, Majlis-e-Shoora (Parliament) has the same meaning as in Article 66.
 
                                                         Legislative Procedure

70. (1)    A Bill with respect to any matter in the Federal Legislative List or in the Concurrent Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without amendment, by the other House also, it shall be presented to the President for assent.

(2)    If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its receipt or is passed with amendment, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting.

(3)    If a request is made under clause (2), the President shall summon a joint sitting; and, if the Bill is passed in the Rules of Procedure, etc.Restriction on discussion in Majlis-e-Shoora(Parliament)courts not to
inquire into proceedings of Majlis-e-Shoora(Parliament).Introduction and passing of Bills. joint sitting, with or without amendment, by the votes of the majority of the total membership of the two Houses, it shall
be presented to the President for assent.

(4)    In this Article and the succeeding provisions of the Constitution, “Federal Legislative List” and “Concurrent Legislative List” mean respectively the Federal Legislative List and the Concurrent Legislative List in the Fourth Schedule.

71. Omitted.

72. (1)    The President, after consultation with the Speaker of the National Assembly and the Chairman, may make rules as to the procedure with respect to the joint sittings of, and communications between, the two Houses.

(2)    At the joint sitting, the Speaker of the National Assembly or, in his absence, such person as may be
determined by the rules made under clause (1), shall preside.

(3)    The rules made under clause (1) shall be laid before a joint sitting and may be added to, varied, amended or replaced at a joint sitting.

(4)    Subject to the Constitution, all decisions at a joint sitting shall be taken by the votes of the majority of the members present and voting.

73. (1)    Notwithstanding anything contained in Article 70, a Money Bill shall originate in the National Assembly and after it has been passed by the Assembly it shall, without being transmitted to the Senate, be presented to the President for assent.

(2)    For the purposes of this Chapter, a Bill or amendment shall be deemed to be a Money Bill if it contains provisions dealing with all or any of the following matters, namely:

 (a)  the imposition, abolition, remission, alteration or  regulation of any tax;

(b)  the borrowing of money, or the giving of any guarantee, by the Federal Government, or the
amendment of the law relating to the financial obligations of that Government;

(c)  the custody of the Federal Consolidated Fund, the payment of moneys into, or the issue of
moneys from, that Fund;

(d)  the imposition of a charge upon the Federal Consolidated Fund, or the abolition or alteration of
any such charge;

Procedure at joint sittings.Procedure with respect to Money Bill.
(e)   the receipt of moneys on account of the Public Account of the Federation, the custody or issue of
such moneys;
(f)   the audit of the accounts of the Federal Government or a Provincial Government; and
 (g)  any matter incidental to any of the matters specified in the preceding paragraphs.

(3)    A Bill shall not be deemed to be a Money Bill by reason only that it provides—

(a)   for the imposition or alteration of any fine or other pecuniary penalty, or for the demand or
payment of a licence fee or a fee or charge for any service rendered; or

  (b)  for the imposition, abolition, remission, alteration or   regulation of any tax by any local
authority or body for local purposes.

(4)   If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the National Assembly thereon shall be final.

(5)   Every Money Bill presented to the President for assent shall bear a certificate under the hand of the Speaker of the National Assembly that it is a Money Bill, and such certificate shall be conclusive for all purposes and shall not be called in question.

74. A Money Bill, or a Bill or amendment which if enacted and brought into operation would involve expenditure from the Federal Consolidated Fund or withdrawal from the Public Account of the Federation or affect the coinage or currency of Pakistan or the constitution or functions of the State Bank of Pakistan shall not be introduced or moved in Majlis-eShoora(Parliament) except by or with the consent of the
Federal Government.


75. (1)    When a Bill is presented to the President for assent, the President shall, within thirty days.—

     (a)  assent to the Bill; or
      (b)  in the case of a Bill other than a Money Bill, return the Bill to the Majlis-e-Shoora (Parliament) with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.

(2)    When the President has returned a Bill to the Majlis-eShoora(Parliament), it shall be reconsidered by the Majlis-eShoora(Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora Federal Government’s consent required for financial measures.President’sassent to Bills.
(Parliament), by the votes of the majority of the members of both Houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not withhold assent therefrom.
(3)    When the President has assented to a Bill, it shall become law and be called an Act of Majlis-e-Shoora
(Parliament).

(4)   No Act of Majlis-e-Shoora (parliament), and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was not given if that Act was assented to in accordance with the Constitution.

76. (1)    A Bill pending in either House shall not lapse by reason of the prorogation of the House.

(2)    A Bill pending in the Senate which has not been passed by the National Assembly shall not lapse on the
dissolution of the National Assembly.

(3)    A Bill pending in the National Assembly, or a Bill which having been passed by the National Assembly is pending  in the Senate, shall lapse on the dissolution of the National Assembly.

77. No tax shall be levied for the purposes of the Federationexcept by or under the authority of Act of Majlis-e-Shoora(Parliament).   

                                                                Financial Procedure

78. (1)    All revenues received  by the Federal Government, all loans raised by that Government, and all moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the Federal Consolidated Fund.

(2)    All other moneys—
 (a)  received by or on behalf of the Federal Government; or
(b)  received by or deposited with the Supreme Court or any other court established under the authority
of the Federation; shall be credited to the Public Account of the Federation. Bill not to lapse on prorogation,etc.Tax to be levied by law only. Federal Consolidated Fund and Public Account.
 
79. The custody of the Federal Consolidated Fund, the payment of moneys into that Fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the Federal Government, their payment into, and withdrawal from, the Public Account of the Federation, and all matters connected with or ancillary to the matters aforesaid shall be regulated by Act of Majlis-e-Shoora(Parliament) or, until provision in that behalf is so made, by rules made by the President.

80. (1)    The Federal Government shall, in respect of every financial year, cause to be laid before the National Assembly a statement of the estimated receipts and expenditure of the Federal Government for that year, in this Part referred to as the Annual Budget Statement.

(2)    The Annual Budget Statement shall show separately—

(a)  the sums required to meet expenditure described by the Constitution as expenditure charged upon
the Federal Consolidated Fund; and

 (b)  the sums required to meet other expenditure proposed to be made from the Federal
Consolidated Fund; and shall distinguish expenditure on revenue account from
other expenditure.

81. The following expenditure shall be expenditure charged upon the Federal Consolidated Fund:

  (a)   the remuneration payable to the President and other expenditure relating to his office, and the
remuneration payable to—

              (i)  the Judges of the Supreme Court;
              (ii)  the Chief Election Commissioner;
              (iii)  the Chairman and the Deputy Chairman;
              (iv) the Speaker and the Deputy Speaker of the  National Assembly;
               (v)  the Auditor General;
(b)    the administrative expenses, including  the remuneration payable to officers and servants, of
the Supreme Court, the department of the Auditor General and the Office of the Chief Election
Commissioner and of the Election Commission and the Secretariat of the Senate and the National
Assembly;

(c)    all debt charges for which the Federal Government is liable, including interest, sinking fund charges,
the repayment or amortisation of capital, and other expenditure in connection with the raising of loans,
and the service and redemption of debt on the security of the Federal Consolidated Fund; Custody, etc.,
of Federal Consolidated Fund and Public Account.Annual Budget Statement.Expenditure charged upon
Federal Consolidated Fund.

  (d)  any sums required to satisfy any judgment, decree or reward against Pakistan by any court or tribunal;
and

(e)  any other sums declared by the Constitution or by  Act of Majlis-e-Shoora (Parliament) to be so
charged.

82. (1)    So much of the Annual Budget Statement as relates to expenditure charged upon the Federal Consolidated Fund may be discussed in, but shall not be submitted to the vote of, the National Assembly.

(2)    So much of the Annual Budget Statement as relates to other expenditure shall be submitted to the National Assembly in the form of demands for grants, and the Assembly shall have power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject to a reduction of the amount specified therein:

       Provided that, for a period of ten years from the commencing day or the holding of the second general
election to the National Assembly, whichever occurs later, a demand shall be deemed to have been assented to without any reduction of the amount specified therein, unless, by the votes of a majority of the total membership of the Assembly, it is refused or assented to subject to a reduction of the amount specified therein

(3)    No demand for a grant shall be made except on the recommendation of the Federal Government.

83. (1)    The Prime Minister shall authenticate by his signature a schedule specifying—

(a)  the grants made or deemed to have been made by the National Assembly under Article 82, and

 (b)  the several sums required to meet the expenditure charged upon the Federal Consolidated Fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the National Assembly.

(2)    The schedule so authenticated shall be laid before the National Assembly, but shall not be open to discussion or vote thereon.

(3)    Subject to the Constitution, no expenditure from the Federal Consolidated Fund shall be deemed to be duly authorised unless it is specified in the schedule so authenticated and such schedule is laid before the National Assembly as required by clause (2).
84. If in respect of any financial year it is found—

(a)  that the amount authorised to be expended for a particular service for the current financial year is
insufficient, or that a need has arisen for expenditure upon some new service not included in the Annual Budget Statement for that year; or

(b)  that any money has been spent on any service during a financial year in excess of the amount
granted for that service for that year; the Federal Government shall have power to authorise
expenditure from the Federal Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, and shall cause to be laid before the National Assembly a Supplementary Budget Statement or, as the case may be, an Excess Budget Statement, setting out the amount of that expenditure, and the provisions of Articles 80 to 83 shall apply to those statements as they apply to the Annual Budget Statement.

85. Notwithstanding anything contained in the foregoing provisions relating to financial matters, the National
Assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding four months, pending completion of the procedure prescribed in Article 82 for the voting of such grant and the authentication of the schedule of authorised expenditure in accordance with the provisions
of Article 83 in relation to the expenditure.

86. Notwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the National Assembly stands dissolved, the Federal Government may authorise expenditure from the Federal Consolidated Fund in respect of the estimated expenditure for a period not exceeding four months in any financial year, pending completion of the procedure prescribed in Article 82 for the voting of grants and the authentication of the schedule of authorised expenditure in accordance with the provisions of Article 83 in relation to the expenditure.

87. (1)    Each House shall have a separate Secretariat:

       Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses.

(2)    Majlis-e-Shoora (Parliament) may by law regulate the recruitment and the conditions of service of persons appointed to the secretarial staff of either House.

(3)    Until provision is made by Majlis-e-Shoora (Parliament)under clause (2), the Speaker or, as the case may be, the Chairman may, with the approval of the President, make rules regulating the recruitment, and the conditions of  Supplementary and excess grants.Votes on account.Power to authorize expenditure when Assembly stands dissolved.Secretariats of Majlis-e-Shoora(Parliament).service, of persons appointed to the secretarial staff of the National Assembly or the Senate.

88. (1)    The expenditure of the National Assembly and the Senate within authorised appropriations shall be controlled by the National Assembly or, as the case may be, the Senate acting on the advice of its Finance Committee.

(2)    The Financer Committee shall consist of the Speaker or, as the case may be, the Chairman, the Minister of Finance and such other members as may be elected thereto by the National Assembly or, as the case may be, theSenate.

(3)    The Finance Committee may make rules for regulating its procedure.
 
89. (1)    The President may, except when the 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.

(2)    An Ordinance promulgated under this Article shall have the same force and effect as an Act of Majlis-e-Shoora (Parliament) and shall be subject to like restrictions as the power of Majlis-e-Shoora (Parliament) to make law, but every such Ordinance—

    (a)  shall be laid—

(i)  before the National Assembly if it {contains provisions dealing with all or any of the matters
specified in clause (2) of Article 73}, and shall stand repealed at the expiration of four months from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution;

(ii)  before both Houses if it {does not contain  provisions dealing with any of the matters referred
to in sub-paragraph (i)}, and shall stand repealed at the expiration of four months from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by either House, upon the passing of that resolution; and

    (b)   may be withdrawn at any time by the President.

(3)    Without prejudice to the provisions of clause (2), an Ordinance laid before the National Assembly shall be deemed to be a Bill introduced in the National Assembly.

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