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PART
III (contd)
The
Federation of Pakistan
Chapter
2. THE MAJLIS-E-SHOORA (Parliament)
Composition,
Duration and Meetings of
[Majlis-e-Shoora
(Parliament)]
50.
[There
shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of
the President and two Houses to be known respectively as the National
Assembly and the Senate.]
51.
(1)
The National Assembly shall consist of two hundred and seven Muslim
members to be elected by direct and free vote in accordance with
law.
(2)
A person shall be entitled to vote if: (a)
he is a citizen of Pakistan;
(b)
he is not less than twenty-one years of age;
(c)
his name appears on the electoral roll; and
(d)
he is not declared by a competent court to be of unsound mind.
(2A)
In addition to the number of seats referred to in clause ( 1), there
shall be in the National Assembly ten additional seats reserved
as follows for the person referred to in clause (3) of Article 106:
- Christians
- .
- Hindus
and persons belonging to the Scheduled castes
- .
- Sikh,
Budhist and Parsi communities and other non-Muslims
- .
- Persons
belonging to the Quadiani group or the Lahori group (who call
themselves Ahmadis)
(3)
The seats in the National Assembly shall be allocated to each Province,
the Federally Administered Tribal Areas and the Federal Capital
on the basis of population in accordance with the last preceding
census officially published.
(4)
Until the expiration of a period of ten years from the commencing
day or the holding of the [third] general election to the National
Assembly, whichever occurs later, [twenty seats] in addition to
the number of seats referred to in clause (1) shall be reserved
for women and allocated to the Provinces in accordance with the
Constitution and law.
(4A)
The members to fill the seats referred to in clause ( 2A ) shall
be elected, simultaneously with the members to fill the seats referred
to in clause (1), on the basis of separate electorates by direct
and free vote in accordance with law.
(5)
As soon as practicable after the general election to the National
Assembly, the members to fill seats reserved for women which are
allocated to a Province under clause (4) shall be elected in accordance
with law on the basis of the system of proportional representation
by means of a single transferable vote by the electoral college
consisting of the persons elected to the Assembly from that Province.
(6)
Notwithstanding anything contained in this Article, the President
may, by 0rder, make such provision as to the manner of filling the
seats in the National Assembly allocated to the Federally Administered
Tribal Areas as he may think fit.
52.
The
National Assembly shall, unless sooner dissolved, continue for a
term of five years from the day of its first meeting and shall stand
dissolved at the expiration of its term.
53.
(1)
After a general election, the National Assembly shall, at its first
meeting and to the exclusion of any other business, elect from amongst
its members a Speaker and a Deputy Speaker and, so often as the
office of Speaker or Deputy Speaker becomes vacant, the Assembly
shall elect another member as Speaker or, as the case may be, Deputy
Speaker.
(2)
Before entering upon office, a member elected as Speaker or Deputy
Speaker shall make before the National Assembly oath in the form
set out in the Third Schedule.
(3)
When the office of Speaker is vacant, or the Speaker is absent or
is unable to perform his functions due to any cause, the Deputy
Speaker shall act as Speaker, and if, at that time, the Deputy Speaker
is also absent or is unable to act as Speaker due to any cause,
such member as may be determined by the rules of procedure of the
Assembly shall preside at the meeting of the Assembly.
(4)
The Speaker or the Deputy Speaker shall not preside at a meeting
of the Assembly when a resolution for his removal from office is
being considered.
(5)
The Speaker may, by writing under his hand addressed to the President,
resign his office.
(6)
The Deputy Speaker may, by writing under his hand addressed to the
Speaker, resign his office.
(7)
The office of Speaker or Deputy Speaker shall become vacant if:
(a)
he resigns his office;
(b)
he ceases to be a member of the Assembly;
(c)
he is removed from office by a resolution of the Assembly, of which
not less than seven days' notice has been given and Which is passed
by the votes of the majority of the total membership of the Assembly.
(8)
When the National Assembly is dissolved the Speaker shall continue
in his office till the person elected to fill the office by the
next Assembly enters upon his office.
54.
(1)
The President may, from time to time, summon either House or both
Houses of [Majlis-e-Shoora (Parliament)] in joint sitting to meet
at such time and place as he thinks fit and may also prorogue the
same.
(2)
There shall be at least [three] sessions of the National Assembly
every year, and not more than one hundred and twenty days shall
intervene between the last sitting of the Assembly in one session
and the date appointed for its first sitting in the next session:
Provided
that the National Assembly shall meet for not less than one hundred
and thirty working days in each year.
Explanation:
In this clause, "working days" includes any day on which
there is a joint sitting and any period, not exceeding two days
for which the National Assembly is adjourned.
(3)
On a requisition signed by not less than one-fourth of the total
membership of the National Assembly, the Speaker shall summon the
National Assembly to meet, at such time and place as he thinks fit,
within fourteen days of the receipt of the requisition; and when
the Speaker has summoned the Assembly only he may prorogue it.
55.
(1)
Subject to the Constitution, all decisions Voting in of the National
Assembly shall be taken by majority Assembly a of the members present
and voting, but the person quorum. presiding shall not vote except
in the case of equality of votes.
(2)
If at any time during a sitting of the National Assembly the attention
of the person presiding is drawn to the fact that less than one-fourth
of the total membership of the Assembly is present, he shall either
adjourn the Assembly or suspend the meeting until at least one-fourth
of such membership is present.
56.
(1)
The President may address either House or both Houses assembled
together and may for that purpose require the attendance of the
members.
(2)
The President may send messages to either House, whether with respect
to a Bill then pending in the Majlis-e-Shoora (Parliament) or otherwise,
and a House to which any message is so sent shall with all convenient
dispatch consider any matter required by the message to be taken
into consideration.
(3)
At the commencement of the first session after each general election
to the National Assembly and at the commencement of the first session
of each year the President shall address both Houses assembled together
and inform the Majlis-e-Shoora (Parliament) of the causes of its
summons.
(4)
Provision shall be made in the rules for regulating the procedure
of a House and the conduct of its business for the allotment of
time for discussion of the matters referred to in the address of
the President.
57.
The
Prime Minister, a Federal Minister, a Minister of State and the
Attorney General shall have the right to speak and otherwise take
part in the proceedings of either House, or a joint sitting or any
committee thereof, of which he may be named a member, but shall
not by virtue of this Article be entitled to vote.
58.
(1)
The President shall dissolve the National Assembly if so advised
by the Prime Minister; and the National Assembly shall, unless sooner
dissolved, stand dissolved at the expiration of forty-eight hours
after the Prime Minister has so advised.
Explanation:-
Reference in this Article to "Prime Minister" shall not
be construed to include reference to a Prime Minister against whom
a [notice of a resolution for a vote of no-confidence has been given]
in the National Assembly but has not been voted upon or against
whom such a resolution has been passed or who is continuing in office
after his resignation or after the dissolution of the National Assembly.
[Clause
(2) omitted by Thirteenth Amendment Act, 1997]
59.
(1)
The Senate shall consist of [eighty-seven] members, of whom,:
(a)
fourteen shall be elected by the members of each Provincial Assembly;
(b)
[eight] shall be elected by the members from the Federally Administered
Tribal Areas in the National Assembly;
(c)
[three] shall be [elected] from the Federal Capital in such manner
as the President may, by Order, prescribe.
(d)
five shall be elected by the members of each Provincial Assembly
to represent ulema, technocrats and other professionals.
(2)
Election to fill seats in the Senate allocated to each Province
shall be held in accordance with the system of proportional representation
by means of the single transferable vote.
(3)
The Senate shall not be subject to dissolution but the term of its
members, who shall retire as follows, shall be six years:-
(a)
of the members referred to in paragraph (a) of clause (1), seven
shall retire after the expiration of the first three years and seven
shall retire after the expiration of the next three years.
(b)
of the members referred to in paragraph (b) of the aforesaid clause,
four shall retire after the expiration of the first three years
and four shall retire after the expiration of the next three years;
(c)
of the members referred to in paragraph (c) of the aforesaid clause,
one shall retire after the expiration of the first three years and
two shall retire after the expiration of the next three years; and
(d)
of the members referred to in paragraph (d) of the aforesaid clause,
two shall retire after the expiration of the first three years and
three shall retire after the expiration of the next three years;
Provided
that the term of office of a person elected to fill a casual vacancy
shall be the unexpired term of the member whose vacancy he has filled.
60.
(1)
After the Senate has been duly constituted, it shall, at its first
meeting and to the exclusion of any other business, elect from amongst
its members a Chairman and a Deputy Chairman and, so often as the
office of Chairman or Deputy Chairman becomes vacant, the Senate
shall elect another member as Chairman or, as the case may be, Deputy
Chairman.
(2)
The term of office of the Chairman or Deputy Chairman shall be [three]
years from the day on which he enters upon his office.
61.
The
provisions of clauses (2) to (7) of Article 53, clauses (2) and
(3) of Article 54 and Article 55 shall apply to the Senate as they
apply to the National Assembly and, in their application to the
Senate, shall have effect as if references therein to the National
Assembly, Speaker and Deputy Speaker were references, respectively,
to the Senate, Chairman and Deputy Chairman [and as if, in the proviso
to the said clause (2) of Article 54, for the words "one hundred
and thirty" the word "ninety" were substituted].
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
an d 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 practises obligatory
duties prescribed by Islam as well as 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 of 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 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 which in 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 for 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 share-holder 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 called up for military training or 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-e-Shoora (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 Majlis-e-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.]
.
[Article
63A added by Fourteeenth Amendment Act, 1997]
.
63A.
Disqualification
on ground of defection, etc.-
.
(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 authorized in this behalf by
the Head of the Political Party, be called upon the 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.
.
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 volation 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)
Abstain
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 thereon shall be final, in cases covered by
the Explanation to clause (1), sub-clauses (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
Head of the Political Party in addition to intimation which shall
also be 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 amend it under 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 and the
Federation; and a 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 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 the action under
this Article.
.
64.
(1)
A Member of 66[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-e-Shoora (Parliament)], and no person shall be so liable
in respect of the publication by or under the authority of [Majlis-e-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 person s who have
the right to speak in, and otherwise to take part in the proceedings
of, [Majlis-e-Shoora (Parliament)] as they apply to 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 its 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 President.
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 he 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 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.
******
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 a 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 purpose 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;
(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-e-Shoora (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-e-Shoora
(Parliament), it shall be reconsidered by the Majlis-e-Shoora
(Parliament) in joint sitting and, if it is again passed, with
or without amendment, by the Majlis-e-Shoora (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 Federation except
by or under the authority of Act of [Majlis-e-Shoora (Parliament)].
Financial
Procedures
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.
79.
The
custody of the Federal Consolidated Fund, the payment Or 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 Secretariats 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;
(d)
any sums required to satisfy any judgment, decree or award 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 authorized 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 authorize 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 authorized 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 authorize 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 authorized
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 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 Finance 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, the Senate.
(3)
The Finance Committee may make rules for regulating its procedure.
Ordinances
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 [Mailis-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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