A Hand Book for Members of Senate
Content
Senate Of Pakistan
A Handbook for Members
Islamabad, (January 2009)
OF S EN PA K
E N T A TA IS
Third Edition: 2009
S E N AT E S E C R E TA R I AT S E N AT E S E C R E TA R I AT
OF S EN PA K
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INTERCOM OFFICE
9022/502 9022/597 9022/546 9206677 9205914 9213263 9223405 9223410 9201150 9223415 9055575 9022/507 9022/515 9201146 Fax: 9203359
Contents
NAME
RESIDENCE
5957444 2875964 9212787
Foreword Summoning, Prorogation of the Senate Seating, Oath and Roll of Members Leave of absence from the sittings of the Senate Election of the Chairman and the Deputy Chairman Quorum Powers and functions of the Chairman Sittings and business of the Senate Language of the Senate Points of order Questions Privilege motions Adjournment motions Call attention notices
01 02 02 03 04 05 05 06 07 07 07 09 09 09
Mr. Mushtaq Ahmed Chief Translator Mr. Rashid Ahmed Chief Reporter Mrs. Farzana Khan Chief Interpreter Senator Services Center
Lady Senators Services Center Mr. Muhammad Akbar Assistant Engineer (SIS) R&l Branch
Postal Address:
Senate of Pakistan
Parliament House Building, Constitution Avenue, Islamabad, 44000
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NAME
Mr. Asim Goraya Section Officer Mr. Shaukat Javaid Section Officer Mr. Mughees Ahmed Sheikh Section Officer Mr. Rafiullah Section Officer Mr. Jamil A. Khoso Section Officer Mr. Muhammad Ahad Section Officer
Legislative procedure Reference to Standing Committees Resolutions
INTERCOM OFFICE
9022/705 9022/565 9022/591 9022/530 9022/715 9207985 9216979 9214127 9214128 9207920
RESIDENCE
9257707
Motions (Under Rule 194) Constitutional Resolutions Privileges and immunities of members of Senate Rules to be observed by members while present in the Senate Mode of address Committees Salary and allowances of members Important telephone numbers
9230404 9240924 9235753 9230363
15 16 17 23
Mr. Muhammad Rizwan Tanveer Sergeant-at-Arms Ms. Shagufta Jadoon Librarian Syed Shujaat Abbas D.G.P.R Syed Muhammad Ilyas P.R.O Mr. Navaid Ather Deputy Director (LAN) Mr. Nazeer Ahmed Mahar Senior Research Officer Mr. Javaid Iqbal Chief Editor of Debates
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Foreword
RESIDENCE
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NAME
Syed Mussarrat Abbas Shah Deputy Secretary Mr. Muhammad Anwar Deputy Secretary Mr. Sharaft H. Niazi Deputy Secretary Mr. Zahid Anwar Siddiqui Deputy Secretary Mr. Ghulam Murtaza Deputy Secretary Mr. Abdul Hakim Hashmi Deputy Secretary Mr. Muhammad Tahir Khan Deputy Secretary Mr. Islam Khan Khattak F & A Officer Mr. Khurshid Ahmed Khan Section Officer Malik Arshad Iqbal Section officer Mr. Ihsan-ul-Haq Section Officer Mr. Ghulam Shabbir Section Officer Ch. Salamat Ali Section Officer Ms Rukhsana Soomro Section Officer
The Senate business is regulated under the provisions of the Rules of Procedure and Conduct of Business in the Senate, 1988 made in pursuance of Article 67(1), of the Constitution. The Handbook is an abridged version of some of the selected Rules to acquaint the new members with the legislative terminology, the procedures of legislation and functions of Standing/Functional Committees of the House. An effort has been made to ensure that the true essence of Rules is conveyed to enable the members to effectively participate in the proceedings of the House. This Handbook is not a substitute for the Rules whose in-depth study is a prerequisite for sound understanding of the laid down parameters of the twin role of legislation/accountability. It is hoped that with the feedback of discerning honourable members and with continued endeavours of the officers, dealing with legislation and Standing/Functional Committees, this Handbook will continue to improve for the benefit of parliamentary posterity. I wish to acknowledge the good work done by the officers of the Senate Secretariat, especially those heading the Legislation, Committees and Inter-Parliamentary Relations wings, for their insight and valuable input.
RAJA MUHAMMAD AMIN Secretary
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E N T A Prorogation ASummoning, T ISof the Senate
SENATE SECRETARIATE
Important Telephone Numbers of the Parliament House Exchange: 9022022 Fax: 9203359/9205205 Website: www.senate.gov.pk Email: [email protected] [email protected]
NAME
Raja Muhammad Amin Secretary Mr. Iftikhar Ullah Babar Additional Secretary Mr. Shahiq A. Khan Additional Secretary Mr. Jamil Ahmed Qureshi Joint Secretary Mr. Mehboob Ali Joint Secretary Malik Muhammad Akram Awan Joint Secretary Mr. Amjad Pervez Joint Secretary Mr. Abdul Sami Khan Joint Secretary Maj(R) Hamid Hassan Joint Secretary Mr. Muhammad Hassan Khan Deputy Secretary 9022/582 9022/560 9022/501 9022/563 9022/562 9022/728 9022/543
The President, from time to time, summons either House or both the Houses of Parliaments under Article 54 (1) of the Constitution. However, the Chairman, Senate can also, under Article 54(3), summon the Senate on a requisition signed by not less than one-fourth of the total membership of the House. In either case the Secretary, Senate causes a notification to be published in the Gazette stating date, time and place of the meeting and also causes it to be issued to each member. Its announcement over the radio/TV and in the Press is also made. Likewise, a notification with regard to prorogation is caused by the Secretary.
INTERCOM OFFICE
9022/552
RESIDENCE
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9022/506
Seating, Oath and Roll of Members
A person, elected as member, before taking seat in the Senate, makes oath before the Senate. After making the oath the members sign the Roll of Members. The members sit in the Senate in an order as the Chairman or, before the Chairman is elected, as the Secretary determines.
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upto period not exceeding three days before the commencement of session and three days following the end of session, and
Leave of absence from the sittings of the Senate
A member, desirous of obtaining leave for his absence from any sitting or session of the Senate, can make an application in writing under his hand addressed to the Chairman stating reasons for his absence. This request is placed before the House for approval. An attendance register is maintained in which the names of the members, attending the sitting, are recorded by an official of the Senate Secretariat. A member can inspect the register if he deems it necessary. The Constitution provides that if a member remains absent for 40 [forty] consecutive days without leave of the House, his seat can be declared vacant by the House. A member of the Senate may, by writing under his hand addressed to the Chairman, resign his seat under Article 64 and thereupon his seat becomes vacant.
Explanation:-"Period of residence on duty" means stay at
the place where session or committee meeting is held and other business is transacted and includes:-
(a)
(b)
upto period not exceeding two days before the commencement of a sitting of the committee and two days after the conclusion of the sitting of a committee or of the other business.
Telephone Facility
i. Telephone facility in the office to a limit of ten thousand rupees per month; Installation of telephone at the residence at Islamabad at Government expense and exemption of rental and payment of charges of c a l l s up to a maximum of five thousand rupees per month.
ii.
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E N T A AElection of the Chairman T and the IS Deputy Chairman
Travelling Allowance. Journey by Rail
An amount equal to the aggregate of one airconditioned class fare and one second class fare,
After the Senate has been duly constituted, at its first meeting it elects, from amongst its members, a Chairman and a Deputy Chairman. Whenever the office of the Chairman or the Deputy Chairman becomes vacant the Senate elects another member to fill the vacant office.
Journey by Air
An amount equal to the aggregate of one business class airfare and one hundred and fifty rupees, and
The Chairman or the Deputy Chairman can be removed from the office by means of a resolution moved by a member and passed by a majority of the total membership of the Senate, in terms of Article 61 read with paragraph (c) of clause (7) over a meeting of the Senate in which a resolution for his removal from office is being considered. Term of office of the Chairman and the Deputy Chairman is three years. In absence of the Chairman, the Deputy Chairman acts as Chairman. At the commencement of each session the Chairman nominates a panel in order of precedence of not more than three presiding officers. In the absence of the Chairman and the Deputy Chairman, a member of the panel present, having precedence, presides over the sitting of the Senate.
Journey by Road
Mileage allowance at the rate of five rupees per kilometer. Note:- The traveling allowance in respect of a journey between two stations shall be admissible on the basis of the shortest of the practicable routes between those stations.
Allowances
Daily Allowance and Housing Allowance for attending the Senate Session or meeting of a Committee at the following rates per day for the period of residence on duty:Daily Allowance Conveyance allowance Housing allowance Total Rs. 1,000 Rs. 7,50 Rs. 2,000 Rs. 3,750
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Salary, Allowances and TA/DA admissible to the CHAIRMEN STANDING COMMITTEES
Salary and Allowances are admissible at following monthly rates: Rs. Rs. Rs. Rs. Rs. Rs. Rs. RS. 23,806 5,000 8,000 10,000 12,700 2,250 2,588 64,344
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Quorum
If, at any time during a sitting of the Senate, the attention of the Chairman is drawn to the fact that less than onefourth of the total membership of the Senate is present, he suspends the business of the Senate and causes the bells to be rung for five minutes, but if no quorum is available even when the bells stop ringing, he adjourns the sitting.
Salary Sumptuary Allowance Office Maint. Allowance Telephone Allowance Honorarium *Adhoc Relief **Dearness Allowance Total:
Powers and Functions of the Chairman
The Chairman, or in his absence, the Deputy Chairman or the presiding officer takes the Chair at every sitting of the Senate. The Chairman is responsible for preserving order and decorum in the House and has all the powers necessary for enforcing his decisions. When the Chairman speaks others should remain silent and when he calls for order his wishes and orders must be obeyed. Rulings of the Chair are binding. A Minister may, with the consent of the Chairman, make a statement on a matter of public importance but no question can be asked nor discussion takes place thereon at the time the statement is made.
In addition, Chairman of a Standing Committee or a functional committee is entitled of the following facilities: A staff car for use in Islamabad with petrol upto 360 liter per month. A Private Secretary in (B-17) A Stenographer in (B-15) A Driver in (B-4), and A Naib Qasid in (B-l).
Free Travel
a) b) Travel Vouchers of the value of Rs. 150,000 per year or Cash in lieu of Travel Vouchers of Rs. 90,000 per year. Fifteen business class, open, return air tickets.
*Adhoc Relief is not admissible to a Senator (who)elected on or after 01-07-2005. **Dearness Allowance is not admissible to a Senator (who) elected on or after 01-0,7-2007.
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E N T Aand Business A Sittings T ISof the Senate
Explanation:- "Period of residence on duty" means stay at the place where session or committee meeting is held and other business is transacted and includes:a) upto period not exceeding three days before the commencement of session and three days following the end of session, and b) upto period not exceeding two days before the commencement of a sitting of the committee and two days after the conclusion of the sitting of a committee or of the other business.
The Senate is required to meet for not less than 90 days in a parliamentary year and not more than 120 days shall elapse between any two sessions.
The Senate sits on such days and time as fixed by the Chairman. Each sitting commences with recitation from the Holy Quran.
The business of the House is classified as government, private and Senate business. Government business includes Bills, resolutions, amendments and other motions introduced by a Minister. Private members' business includes Bills, resolutions, amendments and other motions introduced by private members. Senate business includes business relating to Committees and such other business as the Chairman may classify as Senate business. The orders of the day, depicting business of the House, is prepared by the Secretary. The government business is arranged in such order as the Leader of the House intimates.
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E N T A Allowance, A Travelling T Journey by Rail IS
Language of the Senate
A member shall address the Senate in Urdu or English. However, the Chairman may permit any member, who cannot adequately express himself in any of these languages, to address the Senate in his mother tongue.
An amount equal to the aggregate of one airconditioned class fare and one second class fare,
Journey by Air
An amount equal to the aggregate of one business class air fare and one hundred and fifty rupees, and
Points of order
A member can raise a point of order relating to the interpretation or enforcement of the rules or such Articles of the Constitution as regulate the business of the Senate, and are in the cognizance of the Chairman. A point of order can also be raised in relation to the business before the Senate at the moment.
Journey by Road
Mileage allowance at the rate of five rupees per kilometer. Note:- The travelling allowance in respect of a journey between two stations shall be admissible on the basis of the shortest of the practicable routes between those stations.
Questions
A member can ask questions for which a notice has to be given in writing under member's own signature with full name addressed to the Secretary. Notice has to be delivered at the Notice Office kept open for this purpose on every working day or can be sent by post. After recitation from the Holy Quran, the first hour
Allowances
Daily Allowance, Conveyance Allowance and Housing Allowance for attending the Senate Session or meeting of a Committee at the following rates per day for the period of residence on duty:Daily Allowance Conveyance allowance Housing allowance Total: Rs. 1,000 Rs. 750 Rs. 2,000 Rs. 3,750
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Salary, Allowances and TA/DA admissible to THE MEMBERS OF THE SENATE
Salary and Allowances are admissible at following monthly rates: Salary Sumptuary Allowance Office Maint. Allowance Telephone Allowance *Adhoc Relief **Dearness Allowance Total: Rs. Rs. Rs. Rs. Rs. Rs. Rs. 23,806 5,000 8,000 10,000 2,250 2,588 51,644
of every sitting is available for asking and answering of questions. There is no question hour on a day designated as private members' day.
A question addressed to a Minister must relate to a matter of public concern with which he is officially concerned and should not be of undue length.
The main purpose of asking questions is to seek information and also to draw attention of the government to public grievances and to get them redressed. After the reply has been given by the Minister, supplementary questions are allowed to seek clarifications and throw light on different aspects of the question and its reply. Ordinarily, not more than three supplementary questions can be asked in respect of any question. The rules provide for half an hour discussion on a matter of public importance arising out of the answer to a question. A question, to which an oral reply is given by the Minister, is a starred question. An unstarred question is the one to which a written reply is supplied but no supplementary question can be asked. Each member may ask not more than three starred questions and five unstarred questions for any one day.
Free Travel
(a) Travel Vouchers of the value of Rs. 150,000 per year or Cash in lieu of Travel Vouchers Rs. 90,000 per year. (b) Fifteen business class, open, return air tickets.
*Adhoc Relief is not admissible to a Senator (who) elected on or after 01-07-2005. **Dearness Allowance is not admissible to a Senator (who) elected on or after 01-07-2007.
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E N T A A T Committees IS
Privilege Motions
A member can, with the consent of the Chairman, raise a question involving a breach of privilege either of a member or of the Senate or of the Committee thereof. A privilege motion must relate to a specific matter and must be raised at the earliest opportunity and it should be such as requires the intervention of the Senate.
Under the Senate rules there shall be a Standing Committee which deals with the business of the Government relating to the Ministry with which it is concerned or any other matter referred to it by the Senate. A committee is also authorized to examine suo moto the expenditures, administration, legislation, the public petitions and policies of the Ministry concerned and its attached public bodies.
Besides standing committees, there are three functional committees, (i) Committee on Government Assurances (ii) Committee on Problems of Less Developed Areas and (iii) Committee on Human Rights. In addition to the above committees, there are two other committees, namely the Committee on Rules of Procedure and Privileges and the House Committee. Each committee consists of not less than six members and not more than twelve members to be elected by the Senate with Minister concerned as Ex-officio member. A member cannot be a member of more than five standing committees at the same time. Each committee may appoint sub committees which exercise the powers of the whole committee to examine any subject or matter which may be referred to them.
Adjournment Motions
A member can, with the consent of the Chairman, move a motion for adjournment of the House to discuss a matter of urgent public importance dealing with substantially one definite issue of recent occurrence.
Call Attention Notices
A member who wishes to raise a matter of sufficient public importance can call attention of the Minister to such matter by giving notice in writing. The Chairman would select one of them but not more than two notices in a week for a statement by the Minister.
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E N T A Procedure A Legislative T IS
(i) (j) use the President's name for the purpose of influencing the debate; or utter reasonable, seditious or defamatory words or make use of offensive or unparliamentary expressions or which may hurt the religious susceptibilities of any class or persons.
A Bill with respect to any matter in the Federal Legislative List or in the Concurrent Legislative List can originate in either House. If passed by the House, in which it is originated, the Bill is transmitted to the other House and if the Bill is passed without amendment by the other House it is submitted to the President for assent.
Reference to Standing Committees
There is a distinction in the case of Bills which are introduced in the Senate and those which are received from the National Assembly. In the case of a Bill introduced in the Senate it is automatically referred to the Standing Committee concerned. In the case of a Bill received from the National Assembly it is referred to the concerned Standing Committee, only if a motion to this effect is adopted. All motions relating to Bills are decided by the votes of majority of the members present and voting. However, in the case of a Bill relating to the amendments in the Constitution it must be passed by the votes of not less than two-third of the total membership of the Senate.
Explanation:- In this paragraph, "un-parliamentary expression" includes any expression which imputes false motives to a member or charges him with falsehood or is couched in abusive language.
Mode of Address
A member, desiring to speak on any matter before the Senate or to raise a point of order or privilege, shall speak only when called upon by the Chairman to do so. He shall speak from his place, shall rise when he speaks and shall address the Chairman. The Chairman may however, permit a member, disabled by sickness or infirmity, to speak while sitting.
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(a) discuss any matter which is subjudice; reflect upon the President in his personal capacity: Provided that noting in this paragraph shall preclude any reference, subject to the provisions of the Constitution, to the President in relation to any act done by him in his official capacity; discuss the conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties; make a personal charge against a member, Minister or the holder of a public office, except in so far as it may be relevant in regard to the matter before the House; use his right of speech for the purpose of willfully and persistently obstructing the business of the House; use offensive expressions about the conduct or proceedings in the joint sitting, Senate, National Assembly or a Provincial Assembly; unnecessarily cast reflection on the conduct of any person who cannot defend himself before the House; reflect on any determination of the House except on a motion for rescinding it; (b)
Resolutions
A private resolution must relate to a matter of general public interest, primarily concerning the government, and be in the form of a declaration of opinion by the Senate. A resolution must relate to substantially one definite issue. The admissibility of a resolution is decided by the Chairman in his Chamber on the advice of the Secretariat and they are set down on the Orders of the Day after determining their priority by balloting. A time limit is fixed for each speech on a resolution.
(xvi) A member while speaking should not-
Motions (Under Rule 194)
Through this motion the policy or situation or statement or any other matter can be discussed. Such motions are not put to the vote of the House but are simply debated and talked out.
(c)
(d)
Constitutional Resolutions
Under Article 89 of the Constitution, the Senate has the power to pass a resolution for the disapproval of an Ordinance before its expiry. Under the Constitution the recommendations of the National Finance Commission, together with an explanatory memorandum as to the action taken thereupon, is laid on the table for discussion in the Senate. The Constitution further empowers the Senate for discussion of report of the Council of Islamic Ideology.
(e)
(f )
(g)
(h)
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E N T Aand Immunities APrivileges T of S I Members of Senate
avoid making running commentaries when speeches are being made in the House or engage in cross talk; (ix) Members should not applaud when a stranger enters any of the galleries or the Special Box except when a foreign dignitary is specially invited to witness the proceedings or address the House; (x) A member should not while speaking make any reference to the stranger in any of the galleries or the Special Box except when foreign delegation or a foreign dignitary is specially invited to witness the proceedings or addresses the House; (xi) A member should not occupy a seat in the galleries nor while in the Chamber engage himself in conversation with any visitor in a gallery; (xii) A member shall not use mobile telephone in the House; (xiii) A member shall not eat, smoke or chew anything in the House; (xiv) A member should make speech relevant to the matter before the House; (xv) A member should not except with the permission of the Chairman read his speech but may refresh his memory by reference to his notes; and
The members have complete freedom of speech in the House and are not liable to any proceedings in any court in respect of anything said or any vote given by them in Parliament
Rules to be observed by members while present in the House
Each member is required to observe the following rules and conventions in the House:(i) Members should not read any book, newspapers or letter except in connection with the business of the House;
(ii) Members should not interrupt any member while speaking by disorderly expression or noises or in any other disorderly manner; (iii) A Member should bow to the Chair when taking or leaving his seat; (iv) A member should not pass between the Chair and any member who is speaking; (v) A member should always address the Chair; (vi) A member should keep to his usual seat while addressing the House; (vii) Members should maintain silence when not speaking in the House; (viii) A member should not obstruct proceedings, and shall
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A Handbook for Members
Islamabad, (January 2009)
OF S EN PA K
E N T A TA IS
Third Edition: 2009
S E N AT E S E C R E TA R I AT S E N AT E S E C R E TA R I AT
OF S EN PA K
E N T A TA IS
INTERCOM OFFICE
9022/502 9022/597 9022/546 9206677 9205914 9213263 9223405 9223410 9201150 9223415 9055575 9022/507 9022/515 9201146 Fax: 9203359
Contents
NAME
RESIDENCE
5957444 2875964 9212787
Foreword Summoning, Prorogation of the Senate Seating, Oath and Roll of Members Leave of absence from the sittings of the Senate Election of the Chairman and the Deputy Chairman Quorum Powers and functions of the Chairman Sittings and business of the Senate Language of the Senate Points of order Questions Privilege motions Adjournment motions Call attention notices
01 02 02 03 04 05 05 06 07 07 07 09 09 09
Mr. Mushtaq Ahmed Chief Translator Mr. Rashid Ahmed Chief Reporter Mrs. Farzana Khan Chief Interpreter Senator Services Center
Lady Senators Services Center Mr. Muhammad Akbar Assistant Engineer (SIS) R&l Branch
Postal Address:
Senate of Pakistan
Parliament House Building, Constitution Avenue, Islamabad, 44000
OF S EN PA K
E N T A TA IS
10 10 11 11 11 12 12
NAME
Mr. Asim Goraya Section Officer Mr. Shaukat Javaid Section Officer Mr. Mughees Ahmed Sheikh Section Officer Mr. Rafiullah Section Officer Mr. Jamil A. Khoso Section Officer Mr. Muhammad Ahad Section Officer
Legislative procedure Reference to Standing Committees Resolutions
INTERCOM OFFICE
9022/705 9022/565 9022/591 9022/530 9022/715 9207985 9216979 9214127 9214128 9207920
RESIDENCE
9257707
Motions (Under Rule 194) Constitutional Resolutions Privileges and immunities of members of Senate Rules to be observed by members while present in the Senate Mode of address Committees Salary and allowances of members Important telephone numbers
9230404 9240924 9235753 9230363
15 16 17 23
Mr. Muhammad Rizwan Tanveer Sergeant-at-Arms Ms. Shagufta Jadoon Librarian Syed Shujaat Abbas D.G.P.R Syed Muhammad Ilyas P.R.O Mr. Navaid Ather Deputy Director (LAN) Mr. Nazeer Ahmed Mahar Senior Research Officer Mr. Javaid Iqbal Chief Editor of Debates
9022/541 9022/568 9022/571 9022/719 9022/590 9022/583 9022/536
9204148 9213725 9205284 9213448 9204152 9201410 9201153
2241864 9202391 9230138 9207638 4448562 2251836 9207857
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INTERCOM OFFICE
9022/532 9022/542 9022/593 9022/533 9022/711 9022/570 9022/540 9022/524 9022/580 9022/729 9022/586 9022/581 9022/704 9022/556 9221409 9205750 9208250 9209448 9213722 9201491 9204087 9215585 9204085 9207392 9213446 9201494 9209836 9210951
Foreword
RESIDENCE
9207283 9267118 9266917 9213275 9258863 9241225 9258864 9262650 9202596 9237365 2293289 9237816 2264467 9206468
NAME
Syed Mussarrat Abbas Shah Deputy Secretary Mr. Muhammad Anwar Deputy Secretary Mr. Sharaft H. Niazi Deputy Secretary Mr. Zahid Anwar Siddiqui Deputy Secretary Mr. Ghulam Murtaza Deputy Secretary Mr. Abdul Hakim Hashmi Deputy Secretary Mr. Muhammad Tahir Khan Deputy Secretary Mr. Islam Khan Khattak F & A Officer Mr. Khurshid Ahmed Khan Section Officer Malik Arshad Iqbal Section officer Mr. Ihsan-ul-Haq Section Officer Mr. Ghulam Shabbir Section Officer Ch. Salamat Ali Section Officer Ms Rukhsana Soomro Section Officer
The Senate business is regulated under the provisions of the Rules of Procedure and Conduct of Business in the Senate, 1988 made in pursuance of Article 67(1), of the Constitution. The Handbook is an abridged version of some of the selected Rules to acquaint the new members with the legislative terminology, the procedures of legislation and functions of Standing/Functional Committees of the House. An effort has been made to ensure that the true essence of Rules is conveyed to enable the members to effectively participate in the proceedings of the House. This Handbook is not a substitute for the Rules whose in-depth study is a prerequisite for sound understanding of the laid down parameters of the twin role of legislation/accountability. It is hoped that with the feedback of discerning honourable members and with continued endeavours of the officers, dealing with legislation and Standing/Functional Committees, this Handbook will continue to improve for the benefit of parliamentary posterity. I wish to acknowledge the good work done by the officers of the Senate Secretariat, especially those heading the Legislation, Committees and Inter-Parliamentary Relations wings, for their insight and valuable input.
RAJA MUHAMMAD AMIN Secretary
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OF S EN PA K
E N T A Prorogation ASummoning, T ISof the Senate
SENATE SECRETARIATE
Important Telephone Numbers of the Parliament House Exchange: 9022022 Fax: 9203359/9205205 Website: www.senate.gov.pk Email: [email protected] [email protected]
NAME
Raja Muhammad Amin Secretary Mr. Iftikhar Ullah Babar Additional Secretary Mr. Shahiq A. Khan Additional Secretary Mr. Jamil Ahmed Qureshi Joint Secretary Mr. Mehboob Ali Joint Secretary Malik Muhammad Akram Awan Joint Secretary Mr. Amjad Pervez Joint Secretary Mr. Abdul Sami Khan Joint Secretary Maj(R) Hamid Hassan Joint Secretary Mr. Muhammad Hassan Khan Deputy Secretary 9022/582 9022/560 9022/501 9022/563 9022/562 9022/728 9022/543
The President, from time to time, summons either House or both the Houses of Parliaments under Article 54 (1) of the Constitution. However, the Chairman, Senate can also, under Article 54(3), summon the Senate on a requisition signed by not less than one-fourth of the total membership of the House. In either case the Secretary, Senate causes a notification to be published in the Gazette stating date, time and place of the meeting and also causes it to be issued to each member. Its announcement over the radio/TV and in the Press is also made. Likewise, a notification with regard to prorogation is caused by the Secretary.
INTERCOM OFFICE
9022/552
RESIDENCE
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9022/506
Seating, Oath and Roll of Members
A person, elected as member, before taking seat in the Senate, makes oath before the Senate. After making the oath the members sign the Roll of Members. The members sit in the Senate in an order as the Chairman or, before the Chairman is elected, as the Secretary determines.
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upto period not exceeding three days before the commencement of session and three days following the end of session, and
Leave of absence from the sittings of the Senate
A member, desirous of obtaining leave for his absence from any sitting or session of the Senate, can make an application in writing under his hand addressed to the Chairman stating reasons for his absence. This request is placed before the House for approval. An attendance register is maintained in which the names of the members, attending the sitting, are recorded by an official of the Senate Secretariat. A member can inspect the register if he deems it necessary. The Constitution provides that if a member remains absent for 40 [forty] consecutive days without leave of the House, his seat can be declared vacant by the House. A member of the Senate may, by writing under his hand addressed to the Chairman, resign his seat under Article 64 and thereupon his seat becomes vacant.
Explanation:-"Period of residence on duty" means stay at
the place where session or committee meeting is held and other business is transacted and includes:-
(a)
(b)
upto period not exceeding two days before the commencement of a sitting of the committee and two days after the conclusion of the sitting of a committee or of the other business.
Telephone Facility
i. Telephone facility in the office to a limit of ten thousand rupees per month; Installation of telephone at the residence at Islamabad at Government expense and exemption of rental and payment of charges of c a l l s up to a maximum of five thousand rupees per month.
ii.
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E N T A AElection of the Chairman T and the IS Deputy Chairman
Travelling Allowance. Journey by Rail
An amount equal to the aggregate of one airconditioned class fare and one second class fare,
After the Senate has been duly constituted, at its first meeting it elects, from amongst its members, a Chairman and a Deputy Chairman. Whenever the office of the Chairman or the Deputy Chairman becomes vacant the Senate elects another member to fill the vacant office.
Journey by Air
An amount equal to the aggregate of one business class airfare and one hundred and fifty rupees, and
The Chairman or the Deputy Chairman can be removed from the office by means of a resolution moved by a member and passed by a majority of the total membership of the Senate, in terms of Article 61 read with paragraph (c) of clause (7) over a meeting of the Senate in which a resolution for his removal from office is being considered. Term of office of the Chairman and the Deputy Chairman is three years. In absence of the Chairman, the Deputy Chairman acts as Chairman. At the commencement of each session the Chairman nominates a panel in order of precedence of not more than three presiding officers. In the absence of the Chairman and the Deputy Chairman, a member of the panel present, having precedence, presides over the sitting of the Senate.
Journey by Road
Mileage allowance at the rate of five rupees per kilometer. Note:- The traveling allowance in respect of a journey between two stations shall be admissible on the basis of the shortest of the practicable routes between those stations.
Allowances
Daily Allowance and Housing Allowance for attending the Senate Session or meeting of a Committee at the following rates per day for the period of residence on duty:Daily Allowance Conveyance allowance Housing allowance Total Rs. 1,000 Rs. 7,50 Rs. 2,000 Rs. 3,750
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Salary, Allowances and TA/DA admissible to the CHAIRMEN STANDING COMMITTEES
Salary and Allowances are admissible at following monthly rates: Rs. Rs. Rs. Rs. Rs. Rs. Rs. RS. 23,806 5,000 8,000 10,000 12,700 2,250 2,588 64,344
E N T A TA IS
Quorum
If, at any time during a sitting of the Senate, the attention of the Chairman is drawn to the fact that less than onefourth of the total membership of the Senate is present, he suspends the business of the Senate and causes the bells to be rung for five minutes, but if no quorum is available even when the bells stop ringing, he adjourns the sitting.
Salary Sumptuary Allowance Office Maint. Allowance Telephone Allowance Honorarium *Adhoc Relief **Dearness Allowance Total:
Powers and Functions of the Chairman
The Chairman, or in his absence, the Deputy Chairman or the presiding officer takes the Chair at every sitting of the Senate. The Chairman is responsible for preserving order and decorum in the House and has all the powers necessary for enforcing his decisions. When the Chairman speaks others should remain silent and when he calls for order his wishes and orders must be obeyed. Rulings of the Chair are binding. A Minister may, with the consent of the Chairman, make a statement on a matter of public importance but no question can be asked nor discussion takes place thereon at the time the statement is made.
In addition, Chairman of a Standing Committee or a functional committee is entitled of the following facilities: A staff car for use in Islamabad with petrol upto 360 liter per month. A Private Secretary in (B-17) A Stenographer in (B-15) A Driver in (B-4), and A Naib Qasid in (B-l).
Free Travel
a) b) Travel Vouchers of the value of Rs. 150,000 per year or Cash in lieu of Travel Vouchers of Rs. 90,000 per year. Fifteen business class, open, return air tickets.
*Adhoc Relief is not admissible to a Senator (who)elected on or after 01-07-2005. **Dearness Allowance is not admissible to a Senator (who) elected on or after 01-0,7-2007.
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E N T Aand Business A Sittings T ISof the Senate
Explanation:- "Period of residence on duty" means stay at the place where session or committee meeting is held and other business is transacted and includes:a) upto period not exceeding three days before the commencement of session and three days following the end of session, and b) upto period not exceeding two days before the commencement of a sitting of the committee and two days after the conclusion of the sitting of a committee or of the other business.
The Senate is required to meet for not less than 90 days in a parliamentary year and not more than 120 days shall elapse between any two sessions.
The Senate sits on such days and time as fixed by the Chairman. Each sitting commences with recitation from the Holy Quran.
The business of the House is classified as government, private and Senate business. Government business includes Bills, resolutions, amendments and other motions introduced by a Minister. Private members' business includes Bills, resolutions, amendments and other motions introduced by private members. Senate business includes business relating to Committees and such other business as the Chairman may classify as Senate business. The orders of the day, depicting business of the House, is prepared by the Secretary. The government business is arranged in such order as the Leader of the House intimates.
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E N T A Allowance, A Travelling T Journey by Rail IS
Language of the Senate
A member shall address the Senate in Urdu or English. However, the Chairman may permit any member, who cannot adequately express himself in any of these languages, to address the Senate in his mother tongue.
An amount equal to the aggregate of one airconditioned class fare and one second class fare,
Journey by Air
An amount equal to the aggregate of one business class air fare and one hundred and fifty rupees, and
Points of order
A member can raise a point of order relating to the interpretation or enforcement of the rules or such Articles of the Constitution as regulate the business of the Senate, and are in the cognizance of the Chairman. A point of order can also be raised in relation to the business before the Senate at the moment.
Journey by Road
Mileage allowance at the rate of five rupees per kilometer. Note:- The travelling allowance in respect of a journey between two stations shall be admissible on the basis of the shortest of the practicable routes between those stations.
Questions
A member can ask questions for which a notice has to be given in writing under member's own signature with full name addressed to the Secretary. Notice has to be delivered at the Notice Office kept open for this purpose on every working day or can be sent by post. After recitation from the Holy Quran, the first hour
Allowances
Daily Allowance, Conveyance Allowance and Housing Allowance for attending the Senate Session or meeting of a Committee at the following rates per day for the period of residence on duty:Daily Allowance Conveyance allowance Housing allowance Total: Rs. 1,000 Rs. 750 Rs. 2,000 Rs. 3,750
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Salary, Allowances and TA/DA admissible to THE MEMBERS OF THE SENATE
Salary and Allowances are admissible at following monthly rates: Salary Sumptuary Allowance Office Maint. Allowance Telephone Allowance *Adhoc Relief **Dearness Allowance Total: Rs. Rs. Rs. Rs. Rs. Rs. Rs. 23,806 5,000 8,000 10,000 2,250 2,588 51,644
of every sitting is available for asking and answering of questions. There is no question hour on a day designated as private members' day.
A question addressed to a Minister must relate to a matter of public concern with which he is officially concerned and should not be of undue length.
The main purpose of asking questions is to seek information and also to draw attention of the government to public grievances and to get them redressed. After the reply has been given by the Minister, supplementary questions are allowed to seek clarifications and throw light on different aspects of the question and its reply. Ordinarily, not more than three supplementary questions can be asked in respect of any question. The rules provide for half an hour discussion on a matter of public importance arising out of the answer to a question. A question, to which an oral reply is given by the Minister, is a starred question. An unstarred question is the one to which a written reply is supplied but no supplementary question can be asked. Each member may ask not more than three starred questions and five unstarred questions for any one day.
Free Travel
(a) Travel Vouchers of the value of Rs. 150,000 per year or Cash in lieu of Travel Vouchers Rs. 90,000 per year. (b) Fifteen business class, open, return air tickets.
*Adhoc Relief is not admissible to a Senator (who) elected on or after 01-07-2005. **Dearness Allowance is not admissible to a Senator (who) elected on or after 01-07-2007.
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E N T A A T Committees IS
Privilege Motions
A member can, with the consent of the Chairman, raise a question involving a breach of privilege either of a member or of the Senate or of the Committee thereof. A privilege motion must relate to a specific matter and must be raised at the earliest opportunity and it should be such as requires the intervention of the Senate.
Under the Senate rules there shall be a Standing Committee which deals with the business of the Government relating to the Ministry with which it is concerned or any other matter referred to it by the Senate. A committee is also authorized to examine suo moto the expenditures, administration, legislation, the public petitions and policies of the Ministry concerned and its attached public bodies.
Besides standing committees, there are three functional committees, (i) Committee on Government Assurances (ii) Committee on Problems of Less Developed Areas and (iii) Committee on Human Rights. In addition to the above committees, there are two other committees, namely the Committee on Rules of Procedure and Privileges and the House Committee. Each committee consists of not less than six members and not more than twelve members to be elected by the Senate with Minister concerned as Ex-officio member. A member cannot be a member of more than five standing committees at the same time. Each committee may appoint sub committees which exercise the powers of the whole committee to examine any subject or matter which may be referred to them.
Adjournment Motions
A member can, with the consent of the Chairman, move a motion for adjournment of the House to discuss a matter of urgent public importance dealing with substantially one definite issue of recent occurrence.
Call Attention Notices
A member who wishes to raise a matter of sufficient public importance can call attention of the Minister to such matter by giving notice in writing. The Chairman would select one of them but not more than two notices in a week for a statement by the Minister.
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(i) (j) use the President's name for the purpose of influencing the debate; or utter reasonable, seditious or defamatory words or make use of offensive or unparliamentary expressions or which may hurt the religious susceptibilities of any class or persons.
A Bill with respect to any matter in the Federal Legislative List or in the Concurrent Legislative List can originate in either House. If passed by the House, in which it is originated, the Bill is transmitted to the other House and if the Bill is passed without amendment by the other House it is submitted to the President for assent.
Reference to Standing Committees
There is a distinction in the case of Bills which are introduced in the Senate and those which are received from the National Assembly. In the case of a Bill introduced in the Senate it is automatically referred to the Standing Committee concerned. In the case of a Bill received from the National Assembly it is referred to the concerned Standing Committee, only if a motion to this effect is adopted. All motions relating to Bills are decided by the votes of majority of the members present and voting. However, in the case of a Bill relating to the amendments in the Constitution it must be passed by the votes of not less than two-third of the total membership of the Senate.
Explanation:- In this paragraph, "un-parliamentary expression" includes any expression which imputes false motives to a member or charges him with falsehood or is couched in abusive language.
Mode of Address
A member, desiring to speak on any matter before the Senate or to raise a point of order or privilege, shall speak only when called upon by the Chairman to do so. He shall speak from his place, shall rise when he speaks and shall address the Chairman. The Chairman may however, permit a member, disabled by sickness or infirmity, to speak while sitting.
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(a) discuss any matter which is subjudice; reflect upon the President in his personal capacity: Provided that noting in this paragraph shall preclude any reference, subject to the provisions of the Constitution, to the President in relation to any act done by him in his official capacity; discuss the conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties; make a personal charge against a member, Minister or the holder of a public office, except in so far as it may be relevant in regard to the matter before the House; use his right of speech for the purpose of willfully and persistently obstructing the business of the House; use offensive expressions about the conduct or proceedings in the joint sitting, Senate, National Assembly or a Provincial Assembly; unnecessarily cast reflection on the conduct of any person who cannot defend himself before the House; reflect on any determination of the House except on a motion for rescinding it; (b)
Resolutions
A private resolution must relate to a matter of general public interest, primarily concerning the government, and be in the form of a declaration of opinion by the Senate. A resolution must relate to substantially one definite issue. The admissibility of a resolution is decided by the Chairman in his Chamber on the advice of the Secretariat and they are set down on the Orders of the Day after determining their priority by balloting. A time limit is fixed for each speech on a resolution.
(xvi) A member while speaking should not-
Motions (Under Rule 194)
Through this motion the policy or situation or statement or any other matter can be discussed. Such motions are not put to the vote of the House but are simply debated and talked out.
(c)
(d)
Constitutional Resolutions
Under Article 89 of the Constitution, the Senate has the power to pass a resolution for the disapproval of an Ordinance before its expiry. Under the Constitution the recommendations of the National Finance Commission, together with an explanatory memorandum as to the action taken thereupon, is laid on the table for discussion in the Senate. The Constitution further empowers the Senate for discussion of report of the Council of Islamic Ideology.
(e)
(f )
(g)
(h)
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E N T Aand Immunities APrivileges T of S I Members of Senate
avoid making running commentaries when speeches are being made in the House or engage in cross talk; (ix) Members should not applaud when a stranger enters any of the galleries or the Special Box except when a foreign dignitary is specially invited to witness the proceedings or address the House; (x) A member should not while speaking make any reference to the stranger in any of the galleries or the Special Box except when foreign delegation or a foreign dignitary is specially invited to witness the proceedings or addresses the House; (xi) A member should not occupy a seat in the galleries nor while in the Chamber engage himself in conversation with any visitor in a gallery; (xii) A member shall not use mobile telephone in the House; (xiii) A member shall not eat, smoke or chew anything in the House; (xiv) A member should make speech relevant to the matter before the House; (xv) A member should not except with the permission of the Chairman read his speech but may refresh his memory by reference to his notes; and
The members have complete freedom of speech in the House and are not liable to any proceedings in any court in respect of anything said or any vote given by them in Parliament
Rules to be observed by members while present in the House
Each member is required to observe the following rules and conventions in the House:(i) Members should not read any book, newspapers or letter except in connection with the business of the House;
(ii) Members should not interrupt any member while speaking by disorderly expression or noises or in any other disorderly manner; (iii) A Member should bow to the Chair when taking or leaving his seat; (iv) A member should not pass between the Chair and any member who is speaking; (v) A member should always address the Chair; (vi) A member should keep to his usual seat while addressing the House; (vii) Members should maintain silence when not speaking in the House; (viii) A member should not obstruct proceedings, and shall
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