0% found this document useful (0 votes)
153 views112 pages

Senate of Pakistan: Rules of Procedure and Conduct of Business in The Senate 2012

This document summarizes the rules of procedure and conduct of business in the Senate of Pakistan from 2012. It discusses key definitions, the roles of the Chairman, Deputy Chairman, and Leader of the Opposition. It also covers summoning and prorogation of the Senate, requirements for quorum and members taking their oath, and other administrative elements like the seating of members and maintenance of a member roll. The rules have undergone amendments over time to better regulate the evolving role and functions of the Senate.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
153 views112 pages

Senate of Pakistan: Rules of Procedure and Conduct of Business in The Senate 2012

This document summarizes the rules of procedure and conduct of business in the Senate of Pakistan from 2012. It discusses key definitions, the roles of the Chairman, Deputy Chairman, and Leader of the Opposition. It also covers summoning and prorogation of the Senate, requirements for quorum and members taking their oath, and other administrative elements like the seating of members and maintenance of a member roll. The rules have undergone amendments over time to better regulate the evolving role and functions of the Senate.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 112

House of the Federation

SENATE OF PAKISTAN

RULES OF PROCEDURE AND CONDUCT


OF BUSINESS IN THE SENATE
2012
(As amended upto 27th January, 2020)
PREFACE
Article 67 of the Constitution of the Islamic Republic of Pakistan 1973
provides that “Subject to the Constitution……”, a House may make
rules for regulating its procedure and the conduct of its business.
Adhering to this requirement and being conscious of the fact that these
Rules, bearing the constitutional sanctity, are at a higher pedestal than
other delegated legislation, the Rules of Procedure and Conduct of
Business in the Senate were framed by the House, for the first time, in
the year 1988 as previously the Senate was being regulated by the Rules
which were framed by the President on 12th April 1973 in pursuance of
clause 2 of Article 67 of the Constitution. The 1988 Rules were
repealed by the new Rules which were adopted on 8 th March, 2012, and
are in effect till date.
With the passage of time the Rules of Procedure and Conduct of
Business in the Senate, 2012, have undergone tremendous changes.
Gradually these Rules have addressed and regulated the evolving role of
the Senate and a look back at the road to journey towards a more
vigilant vibrant Upper House of Parliament gives a sense of satisfaction
that structured mechanisms have been introduced for legislation,
effective oversight and addressing the issues being faced by common
man. Senate of Pakistan has witnessed unprecedented reforms since
March 2015, under the dynamic leadership of Chairman Senate Senator
Mian Raza Rabbani fully backed by the other elected leadership of the
House Business Advisory Committee which has been assigned much
wider and bigger role in all areas of business and functioning of the
House, Committees and the Secretariat. The driving spirit behind the
amendments was to bring more transparency by the Senate and its
Committees, connect the Senate with the people and to introduce the
concept of self-accountability. Some of the amendments include,-
conversion of House into a Committee of Whole for consideration of
issues of larger national interest, Constitution of Committees on
Devolution and Delegated Legislation, provision of holding public
hearings by the Committees, biannual examination of budgetary
allocation and its utilization of various departments of Government by
the Committees, post budget review of PSDP, establishment of Public
Petition Table, Periodical Report by Ministers on matters referred by
the House, punishment for divulging information by the Members and
constitution of Committee on Ethics to review the Code of Conduct of
the Members of Senate.
The present edition incorporates all the amendments made therein till
now including mention of Standing Orders containing detailed SoPs to
discharge functions related to House, Committees and Secretariat in a
more clear and Consistent manner.
Amjed Pervez
Secretary Senate
RULES OF PROCEDURE AND CONDUCT OF
BUSINESS IN THE SENATE, 2012

CHAPTER I

SHORT TITLE AND DEFINITIONS

1. Short Title and commencement.— (1) These


Rules may be called the Rules of Procedure and Conduct of
Business in the Senate, 2012.

(2) They shall come into force at once.

2. Definitions.— (1) In these rules, unless there is


anything repugnant in the subject or context:-

“Adviser” means a person appointed as Adviser


under Article 93 of the Constitution;

“Amendment” means a motion to amend an earlier


motion before that earlier motion is put to the
Senate for its decision;

“Assembly” means the National Assembly;


“Bill” means a motion for making a law;
“Chairman” means the Chairman of the Senate
and includes the Deputy Chairman or in relation to
a particular sitting, any other member when acting
or performing the function of the Chairman;
“Chamber” means the place where the Senate
meets to transact its business;

“Committee” means a committee constituted


under these rules;

“Constitution” means the Constitution of the


Islamic Republic of Pakistan;

“Gazette” means the Gazette of Pakistan;

“Government” means the Federal Government;

“House” means the Senate;

“Leader of the House” means the Prime Minister


or a member appointed by him to represent
Government and regulate Government business in
the Senate when the Prime Minister is not sitting in
the House;
“Leader of the Opposition” means a member of
the House, who enjoys the support of the majority
of the members in opposition to the Government in
the House, and is declared as such by the Chairman
of the Senate;
2

“Lobby” means the rooms and covered corridors


immediately adjoining the Chamber and designated
as Division Lobbies;

“Member” means a member of the Senate;

“Member-In-Charge” means, in the case of a


Government Bill, a Minister or an Adviser and, in
any other case, the member who has introduced the
Bill or a member authorised by him in writing to
assume charge of the Bill;

“Minister” means the Prime Minister, a Federal


Minister or a Minister of State;

“Motion” means a proposal made by a member or


a Minister or an Adviser relating to any matter
which may be discussed by the Senate and includes
an amendment;

“Orders of the Day” means the list of business to


be brought before the Senate on any day;
“Precincts of the Senate” means and includes the
Chamber, Lobbies, the Galleries and such other
places as the Chairman may from time to time
specify;
“Presiding Officer” means, in relation to a sitting,
any person who is presiding over that sitting;
“Private member” means a member other than a
Minister or an Adviser;
“Resolution” means a motion for the purpose of
discussing and expressing an opinion on a matter of
general public interest and includes a resolution
specified in the Constitution;
“Schedule” means a schedule appended to these
rules;
“Secretary” means the Secretary of the Senate and
includes any person for the time being performing
the functions of the Secretary;
“Session” means the period commencing on the
day of the first sitting of the Senate after having
been summoned and ending on the day it is
prorogued;
“Sitting” means the meeting of the Senate or a
Committee from the commencement of its business
to the termination of the business for the day;

*[“Standing Orders” means the written Orders of


the Chairman notified by the Senate Secretariat;]
_________________________________________________________
* Inserted by S.R.O. 387(1)/2016, dated 03-05-2016.
3

“Starred Question” means a question for an oral


answer;

“Table” means the Table of the Senate and


includes its Library; and

“Unstarred Question” means a question for a


written answer.

(2) Words and expressions used in the Constitution and


also in these rules shall, unless the context otherwise
requires, have the meanings assigned to them in the
Constitution.
4

CHAPTER-II

SUMMONING, PROROGATION AND QUORUM OF


THE SENATE, SEATING, OATH AND ROLL OF
MEMBERS

3. Summoning of the Senate.- When the Senate is


summoned by the President under Article 54(1), or by the
Chairman under Article 54(3) on a requisition signed by not
less than one-fourth of the total membership of the Senate,
the Secretary shall cause a notification to be published in
the Gazette stating the date, time and place of the meeting,
and shall, as far as practicable, also cause it to be issued to
each member:

Provided that when a session is called at short notice


or emergently, publication of the notification in the Gazette
and its announcement over the radio/T.V. and in the press
shall be deemed to be sufficient notice of the meeting to the
members who shall also be informed by Courier Service.

4. Prorogation of the Senate.— When the Senate is


prorogued, the Secretary shall cause a notification to that
effect to be published in the Gazette.

5. Quorum.— If, at any time during a sitting of the


Senate, the attention of the Presiding Officer is drawn to the
fact that less than one-fourth of the total membership of the
Senate is present, he shall cause the bells to be rung for five
minutes, but if no quorum is available even when the bells
stop ringing, he shall adjourn the sitting for thirty minutes
and if again there is no quorum he shall adjourn the sitting
for the next working day:

Provided that a member pointing out quorum shall


remain present in the Chamber until a decision is made by
the Chairman on the pointation of quorum.
6. Oath of members.— A person elected as member
shall, before taking seat in the Senate, make before the
Senate oath in the form set out in the Third Schedule to the
Constitution.

7. Roll of members.— There shall be a Roll of


Members which shall be signed by every member after
making the oath before the Senate.

8. Seating of members.— The members shall sit in


such order as the Chairman, or before the Chairman is
elected, the Secretary may determine.
5
CHAPTER III

THE CHAIRMAN, DEPUTY CHAIRMAN, PANEL


OF PRESIDING OFFICERS AND THE LEADER OF
THE OPPOSITION

9. Election of Chairman.— (1) At the first meeting of


the Senate, after the members have taken oath and to the
exclusion of any other business including privilege and
adjournment motions, the Senate shall proceed to elect from
amongst its members a Chairman, and so often as the
Office of the Chairman becomes vacant the Senate shall
elect another member as its Chairman, in accordance with
the rules.

*[(2) The first meeting of the Senate for election of the


Chairman shall be presided over by the outgoing Chairman
or, in his absence, by a person nominated by the President,
for the purpose, hereinafter in this rule and in rule 10
referred to as the Presiding Officer:

Provided that no person shall preside over the


meeting for the election in which he himself is a candidate.

(2A) Subsequent meeting for the election of the


Chairman shall be presided over by the outgoing Chairman
or, in his absence, by the Deputy Chairman or when the
office of Deputy Chairman is also vacant or he is otherwise
unable to preside over such meeting, by a person nominated
by the President, for the purpose, hereinafter in this rule
and in rule 10 referred to as the Presiding Officer:

Provided that no person shall preside over the


meeting for the election in which he himself is a candidate.]

(3) At any time before 12:00 noon on the day fixed for
election, any member may propose another member for
election as Chairman by delivering to the Secretary a
nomination paper signed by him and accompanied by a
statement by the member whose name is proposed that he is
willing to serve as Chairman, if elected.

_______________________________________________
* Substituted / added by S.R.O. 801(1)/2015, dated 13-08-2015.
6
(4) A member who has been nominated may, in writing,
withdraw his candidature at any time before the Senate
proceeds to elect a Chairman.
(5) On the day of election, the Presiding Officer shall
read out to the Senate the names of the members who have
been duly nominated and have not withdrawn their
candidature, as also the names of their proposers, and, if
there is only one such member, shall declare that member to
have been elected.

(6) Where, after withdrawals, if any, there remain only


two candidates for election, a ballot shall be held between
them and the candidate who secures more votes than the
other shall be declared to have been elected. If both the
candidates secure an equal number of votes, a fresh ballot
shall, be held between them until one of them secures more
votes than the other, and the candidate securing more votes
shall be declared to have been elected.

(7) Where, after withdrawals, if any, there remain more


than two candidates for election, the candidate securing
more votes than the aggregate of votes secured by the other
candidates shall be declared to have been elected. If no
candidate secures more votes than the aggregate of votes
secured by the other candidates, there shall be a fresh ballot
at which the candidate who secured the lowest number of
votes at the last ballot shall be excluded from the election,
and the balloting shall in like manner proceed until one
candidate secures more votes than the remaining
candidate or, as the case may be, the remaining candidates
in the aggregate, and such candidate shall be declared to
have been elected.

(8) Where at any ballot any three or more candidates


secure an equal number of votes and one of them has to be
excluded from election under sub-rule (7), the question as
to which one of such candidates is to be excluded shall be
determined by drawing of lots.

(9) The member elected as Chairman shall, before


entering upon office, make before the Senate oath in the
form set out in the Third Schedule to the Constitution.

10. Election of Deputy Chairman.— (1) Immediately


after the election of Chairman, the Senate shall proceed to
elect a Deputy Chairman and the procedure prescribed in
rule 9 for the election of Chairman shall apply to the
election of Deputy Chairman as if references therein to
Chairman were references to Deputy Chairman and
references to the Presiding Officer were references to the
Chairman.

(2) A member elected as Deputy Chairman shall, before


entering upon office, make before the Senate oath in the
form set out in the Third Schedule to the Constitution.
7

11. Vacancy in the office of Chairman or Deputy


Chairman.- Whenever the office of Chairman or Deputy
Chairman becomes vacant, an election to fill that office
shall be held,-

(a) if the Senate is in session, as soon as


possible but not later than seven days, during
that session; and

(b) if the Senate is not in session, within seven


days from the commencement of its next
session.

12. Removal of Chairman or Deputy Chairman.—


(1) Not less than one-fourth of the total membership of the
House may give to the Secretary notice in writing of a
motion for leave to move a resolution under Article 61 read
with paragraph (c) of clause (7) of Article 53 of the
Constitution for the removal from office of the Chairman or
the Deputy Chairman and the Secretary shall forthwith
circulate the notice to the members.

(2) After the notice has been received, the Senate shall
not be adjourned to a date later than seven clear days
excluding closed holidays.

(3) The motion for leave to move the resolution shall be


entered in the names of the members concerned in the Orders
of the Day for the first working day after the expiry of
seven days from the date of the receipt of the notice under
sub-rule (1).

(4) No other item shall be included in the Orders of the


Day for the day fixed for a motion for leave to move a
resolution under sub-rule (3).

(5) The Chairman or, as the case may be, the Deputy
Chairman shall not preside over a sitting of the Senate in
which a resolution for his removal from office is fixed for
consideration.

(6) The Presiding Officer shall call upon the first


available member on the list of movers to move the motion,
on his behalf and on behalf of such other members, referred
to in sub-rule (3).

(7) Immediately after the motion referred to in


sub-rule (3) has been moved, the Presiding Officer shall call
such of the members as may be in favour of the leave being
granted to rise in their seats and, if at least one-fourth of the
total membership of the Senate does not so rise, he shall
declare that the member has not the leave of the Senate or,
if such membership so rises, call upon the member
concerned to move the resolution.

(8) Except with the permission of the Presiding Officer,


a member shall not speak on the resolution for more than
fifteen minutes:
8

Provided that the mover of the resolution and the


Chairman or, as the case may be, the Deputy Chairman,
against whom the *[resolution] has been moved, may speak
for thirty minutes or such longer time as the Presiding
Officer may permit.
(9) The Senate shall not be adjourned until the motion
for leave is disposed of or, if leave is granted, the resolution
has been voted upon.
(10) Voting on the resolution shall be by secret ballot
which shall be held in such manner as the Presiding Officer
may direct.
(11) If the session during which notice has been given
under sub-rule (1) has been convened by the Chairman in
pursuance of Article 61 read with clause (3) of Article 54 of
the Constitution, the Senate shall not be prorogued until the
motion has been disposed of or, if leave is granted, the
resolution has been voted upon.
(12) The Chairman or, as the case may be, Deputy
Chairman shall stand removed from his office on the
resolution being passed by a majority of the total
membership of the Senate.
13. Powers and functions of the Chairman.— (1) In
addition to the specific functions and powers provided by
these rules and subject to sub-rule (5) of rule 12, the
Chairman shall take the Chair at every sitting of the Senate.
(2) The Chairman shall preserve order and decorum in
the House and, in case of disturbance or disorder in the
galleries, may cause them to be cleared.
(3) The Chairman shall decide all points of order.
(4) The Chairman may initiate, when necessary, such
action against those responsible for violating prestige and /
or privilege of the House by act of commission or omission
including action that may obstruct the working /
proceedings of the House.
(5) Subject to sub-rule (5) of rule 12, in the absence of
the Chairman, the Deputy Chairman shall take the Chair at
a sitting.
(6) The Chairman may, by order in writing, delegate to
the Deputy Chairman all or any of his powers under these
rules.
14. Panel of Presiding Officers.- (1) At the
commencement of each session, the Chairman shall
nominate, in order of precedence, from amongst the
members a panel of not more than three Presiding Officers
and, in the absence of the Chairman and the Deputy
Chairman, the member having precedence amongst those
present shall preside at the sitting.
_______________________________________________
* Substituted by S.R.O. 452(I)/2016, dated 26-05-2016
9

(2) If at any time at a sitting of the Senate neither the


Chairman nor the Deputy Chairman nor any member on the
panel is present, the Secretary shall so inform the Senate
and the Senate shall, by motion, elect one of the members
present to preside at the sitting.
10

INDEPENDENT MEMBERS AND GROUPS AND


DECLARATION OF THE LEADER OF THE
OPPOSITION
15. Independent members and groups.- (1) An
independent member including a member from FATA,
elected to the Senate, may exercise his option to join the
treasury or, as the case may be, the opposition benches
within seven days of making oath before the Senate and
shall inform the Secretary in writing, who shall
immediately notify the option so exercised by the member.

(2) An independent member who withdraws support to


the treasury or the opposition benches, an intimation to that
effect shall be given to the Secretary in writing, who shall
immediately notify the same.

(3) Independent members including members from


FATA may form a group of not less than five members who
shall nominate one of the members of the group to be their
leader in the Senate and inform the Secretary in writing
who shall immediately notify the same.

16. Declaration of Leader of the Opposition.— (1)


After the election of Chairman and Deputy Chairman under
Article 60 of the Constitution and at any time thereafter the
Chairman shall declare Leader of the Opposition within
fifteen days.

(2) The Chairman shall inform the members about the


date, time and place for submission of a name for the
Leader of the Opposition under their signatures:

Provided that an independent member including a


member from FATA, elected to the Senate, who has not
given his option to join the opposition benches, shall not be
eligible to support any member for the office of Leader of
the Opposition.

(3) The Chairman shall declare a member as Leader of


the Opposition having the support of majority of the
members in opposition:

Provided that if two or more members have equal


support for the office of Leader of the Opposition, the
member belonging to the party having largest numerical
strength in the Opposition to the Government, shall be
declared by the Chairman, as Leader of the Opposition in
the Senate.

(4) A Leader of the Opposition so declared shall lose


the office of the Leader of the Opposition as and when the
majority of the members in Opposition withdraw their
support.

(5) As a result of loss of support under sub-rule (4) the


Chairman may declare another member as Leader of the
Opposition, under this rule.
11

CHAPTER IV

ATTENDANCE AND RESIGNATION OF THE


MEMBERS OF THE SENATE
17. Leave of absence from the Senate.— (1) A
member desirous of obtaining leave for his absence from
any sitting or session of the Senate shall make an
application in writing under his hand addressed to the
Chairman stating reasons for his absence.

(2) On receipt of an application under sub-rule (1), the


Chairman shall, immediately after the questions, if any, put
the question, without debate, that leave be granted.

(3) Where a member is prevented or incapacitated from


making such an application, leave of the Senate may be
granted on a motion moved by an other member, or on the
basis of an application made ex-post-facto.

(4) The Secretary shall, as soon as possible,


communicate the decision of the Senate to the member
concerned.

18. Resignation of Seat.— (1) A member may resign


his seat under clause (1) of Article 64 of the Constitution,
by writing under his hand addressed to the Chairman
where-upon resignation shall become effective after
verification by the Chairman from the member.
(2) The Chairman shall record date and time of
resignation and Secretary shall cause the Gazette
Notification of the resignation issued and shall send a copy
thereof to the Chief Election Commissioner for taking steps
to fill the vacancy thus caused.

19. Seat becoming vacant.— (1) If a member is absent,


without leave of the Senate, for forty consecutive days of its
sittings the Chairman shall bring the fact to the notice of
the Senate and thereupon any member may move that the
seat of the member who has been so absent be declared
vacant under clause (2) of Article 64 of the Constitution.

(2) If the seat of the member is declared vacant, the


Secretary shall communicate the fact to the Chief Election
Commissioner and to the member concerned.

20. Attendance register.— The Secretary shall cause a


register to be kept showing the attendance of each member
at each sitting and shall make the register available for
inspection of the members.
12

CHAPTER V

SITTINGS OF SENATE AND CLASSIFICATION


AND ARRANGEMENT OF BUSINESS

21. Calendar of sessions for the year.-(1) At the


commencement of the first session of each year, the
Government shall in consultation with the Chairman
provide a provisional calendar of sessions for the
parliamentary year.

(2) The Chairman shall cause the provisional calendar


to be circulated amongst the members forthwith.

(3) The President on the advice of the Prime Minister


shall summon the Senate to meet, as far as practicable, on
dates mentioned in the provisional calendar:

Provided that the President may, if so advised by the


Prime Minister, summon the Senate to meet on a date
different from that mentioned in the provisional calendar
and intimation thereof shall be given to the Chairman who
shall inform the members.

(4) Nothing contained in this rule shall limit the power


of the Chairman to summon a Session of the Senate in
terms of clause (3) of Article 54 of the Constitution.

22. Days of sitting.- (1) The Senate shall sit on such


days as the Chairman, having regard to the state of business
of the Senate, may, from time to time, direct.

(2) Every sitting shall commence with recitation from


the Holy Quran followed by its Urdu translation.

23. Hours of sitting and adjournment.-(1) Every


sitting of the Senate shall commence at such hour as the
Chairman may direct.

(2) Subject to the other provisions of these rules, the


Chairman may-

(a) adjourn a sitting of the Senate sine die or to a


particular day or to some other time on the
same day; and

(b) if he thinks fit, call sitting of the Senate at a


time or date different from that to which it
was earlier adjourned.

24. Classes of Business.— (1) Business of the Senate


shall be classified as—

(i) Government business;


(ii) Private members‟ business; and
(iii) Senate Business.
13
(2) The Secretary shall place the formal Senate business
on the Orders of the Day as soon as practicable after the
same has been received.

(3) Formal Senate business shall take precedence over


other business on the day on which it is set down for
consideration.

(4) The Chairman shall, after consultation with the


Leader of the House or the Minister for Parliamentary
Affairs, or any other Minister so authorized and the Leader
of the Opposition or a member authorized by him in this
behalf, fix the time and date for discussion of the Senate
business.

(5) The Government Business shall include Bills,


resolutions, amendments and other motions introduced,
initiated or moved by a Minister.
(6) Private members‟ Business shall include Bills,
resolutions, amendments and other motions introduced,
initiated or moved by the private members.

(7) Senate business shall include business relating to


Committees and such other business as the Chairman may
designate as Senate Business.
25. Allotment of time for transaction of business.—
On Mondays private members‟ business shall have
precedence, and on all other days no business other than
Government business shall be transacted except with the
consent of the Leader of the House:

Provided that urgent Government business may be


transacted on private members‟ day as a last item of the
business of the day:

Provided further that if any Monday is a holiday and


no sitting is held on that day private member‟s business
shall have precedence on the next working day.

Explanation,- The Ministers, Ministers of State or


Advisers in whose name the business stands or to whom it
has been addressed in the Orders of the Day shall subject to
the provisions of clause (6) of Article 91 of the Constitution
remain present in the Senate till disposal of the business
concerning their Ministry or Division.

26. Arrangement of Government Business.- The


Secretary shall arrange the Government business in such
order as the Leader of the House or the Minister for
Parliamentary Affairs or any other Minister authorized by
the Leader of the House may intimate:

Provided that such order shall be intimated to the


Secretary a day before the commencement of the sitting to
which the order relates.
14

27. Precedence of private members’ Bills.— (1) The


relative precedence of private members‟ Bills shall be
determined by ballot to be held in accordance with the
procedure set out in the First Schedule:

Provided that the Chairman may, from time to time,


make such variations in the procedure as he thinks fit.

(2) The ballot shall be held on a day, not being a day


less than five days before the day with reference to which
the ballot is held, as the Chairman may direct, and the
members shall be informed accordingly.

(3) Unless the House decides otherwise, on a day on


which private members‟ business has precedence, private
members‟ Bills shall be taken up in the following order:-

(i) Bills to be introduced;

(ii) Bills passed by the Assembly and


transmitted to the Senate;

(iii) Bills passed with amendments by the


Assembly and sent back to the Senate;

(iv) Bills reported upon, or not reported upon


within the time allowed, by a Standing
Committee;

(v) Bills in respect of which the report of a


Select Committee has been presented;

(vi) Bills in respect of which a motion has been


carried that the Bill be taken into
consideration;

(vii) Bills which have been circulated for the


purpose of eliciting public opinion thereon;
and

(viii) Other Bills.

(4) The relative precedence of Bills falling under the


same paragraph of sub-rule (3) shall be determined by
ballot to be held in accordance with the procedure set out in
the First Schedule:

Provided that the Chairman, may, from time to time,


make such variations in the procedure as he thinks fit.

28. Ballot in respect of identical Bills.— If notices of


two or more identical Bills are received, the Bill securing
first place in the ballot shall be proceeded with and, in case
a motion for leave to introduce the Bill securing first place
in the ballot is moved, the remaining Bills shall not be
proceeded with.
15

29. Precedence of resolutions not mentioned in the


Constitution.— (1) The relative precedence of resolutions,
notices of which have been given by private members and
which have been admitted shall be determined by ballot to
be held in accordance with the procedure set out in the
First Schedule, on a day, not being a day less than five days
before the day with reference to which the ballot is held:

Provided that the Chairman may, from time to time,


make such variations in the procedure as he thinks fit:

Provided further that not more than three


resolutions, notices of which have given by any one
member, shall be included in the ballot to be held for any
one day and, unless the member has indicated his
preference for any three of such resolutions, his first three
resolutions in the order of their receipt shall be included in
the ballot.

(2) A resolution which does not find place in the ballot


shall not lapse but shall be included in the subsequent ballot
in the same session.

30. Orders of the Day.— (1) The Secretary shall


prepare the Orders of the Day and make a copy thereof
available for the use of every member and any other person
entitled under the Constitution to speak or otherwise take
part in the proceedings of the Senate.
(2) Save as otherwise provided by these Rules,—

(i) the business for the day shall be transacted in


the order in which it appears in the Orders of
the Day;

(ii) no business not included in the Orders of the


Day shall be transacted at any sitting without
the leave of the House; and

(iii) no business requiring notice shall be set


down for a day earlier than the day following
the day on which the period of the notice
necessary for that class of business expires.

(3) Unless the Chairman otherwise directs, not more


than five resolutions (excluding any resolution moved on,
and outstanding from, a previous day) shall be set down in
the Orders of the Day for any day on which private
members‟ business has precedence.

31. Business outstanding at the end of the day.— (1)


Notwithstanding anything contained in rule 27 or rule 29,
any private members‟ business which has been commenced
shall be set down for the next day allotted to business of
that class and shall have precedence over all other business
set down for that day.
16

(2) Private members‟ business set down for any day and
not moved on that day shall not be set down for any
subsequent day, unless it has gained precedence at the
ballot held with reference to that day.

*[31A. Allocation of time for points of public


importance.-The Chairman shall, after the disposal of
Business on the Orders of the Day, allocate time for raising
points of public importance by the Members.]

* Added by S.R.O. 452(I)/2016, dated 26-05-2016


17

CHAPTER VI

PRESIDENT’S ADDRESS
32. President’s Address.—(1) An address by the
President under clauses (1) and (3) of Article 56 of the
Constitution shall be discussed by means of a motion of
thanks.
(2) As soon as may be, after the Address of the
President, a Minister shall lay a copy of the Address on the
Table.
33. Allotment of time for discussion of President’s
Address.— The Chairman shall allot one or more days for
discussion of the matters referred to in the President‟s
Address and for this purpose the Chairman may suspend or
vary the rules to the extent necessary.

34. Scope of discussion.— On the day allotted under


rule 33, the Senate may discuss the matters referred to in
such Address on a motion of thanks moved by a Minister
or member.
35. Amendments.— Amendments may be moved to a
motion of thanks in such form as may be considered
appropriate by the Chairman.
36. Transaction of other business on a day appointed
for discussion of President’s Address.— (1)
Notwithstanding that a day has been allotted for discussion
on the President‟s Address,-
(i) a motion for leave to introduce a Bill may be
made and a Bill may be introduced on such
day; and
(ii) other business of a formal character like
laying of reports or documents excluding
adjournment motions may be transacted on
such day before the Senate commences or
continues the discussion on the Address.
(2) The discussion on the President‟s Address may be
postponed in favour of a Government Bill or other
Government business on a motion being made that the
discussion on the Address be adjourned to a subsequent day
to be appointed by the Chairman. The Chairman shall
forthwith put the question, no amendment or debate being
allowed.
37. Time limit for speeches.-The Chairman may, if he
thinks fit, prescribe a time-limit for speeches, after taking
the sense of the Senate.
38. Government’s right of reply.-A Minister, whether
he has previously taken part in the discussion or not, shall,
on behalf of the Government, have a general right of
explaining the position of the Government at the end of the
discussion.
18

39. Message from the President.— (1) Where a


message from the President for the House is received by the
Chairman, under Article 56(2) of the Constitution he shall
read the message to the House.

(2) The Chairman may, if he considers it necessary or


on a motion moved by a Minister or member, allot time for
discussion of matters raised in the message and for this
purpose the Chairman may suspend or vary the rules to the
extent necessary.

(3) If the message is received when the Senate is not in


session, the Chairman may advise the Government to
summon the Senate for discussion of the matters raised in
the message.

40. Communications to the President.—


Communications from the Senate to the President after a
motion thereof has been made and carried in the Senate
shall be made through the Chairman.
19

CHAPTER VII

QUESTIONS

41. Time of questions.— Except as otherwise provided


in these rules, the first hour of every sitting, after the
recitation from the Holy Quran, and the making of oath by
members, if any, shall be available for asking and
answering of questions:

Provided that there shall be no question hour on a


day designated as private members‟ day.

42. Notice of questions.— Not less than thirteen


*[clear] days‟ notice of a question shall be given unless the
Chairman, with the consent of the Minister concerned,
allows a question to be asked at a shorter notice.

43. Form of notice of questions.— (1) A separate


notice of each question shall be given in writing to the
Secretary and shall specify the official designation of the
Minister to whom it is addressed, or, if the question is
addressed to a private member, the name of that member:

**[Provided that a notice received from an


authenticated e-mail address of the Member to the
prescribed e-mail address of the Senate Secretariat shall
be deemed to be a proper notice in terms of
sub-rule (1).

Explanation.- For the purposes of this rule,


„authenticated‟ means an e-mail address duly verified by a
Member and „prescribed‟ means notified by the Senate
Secretariat.]

(2) A member who desires to ask a Starred Question


shall distinguish it with an asterisk:

Provided that if, in the opinion of the Chairman, any


Starred Question is of such a nature that a written reply
would be more appropriate, he may direct that such
question be placed on the list of Unstarred Questions.

44. Notice of admission of questions.— No question


shall be placed on the list of questions for answer until eight
working days have expired from the day when notice of
admission of the question by the Chairman was given by
the Secretary to the Minister or the member to whom it is
addressed.

45. Number and order of questions to be put on a


day.— (1) Not more than three Starred Questions including
short notice questions and five Unstarred Questions from
the same member shall be placed on the list of questions for
a day:
* Substituted by S.R.O.452(I)/2016, dated 26-05-2016
** Added by S.R.O. 1323, dated 31-12-2015
20

Provided that nothing in this sub-rule shall apply to


a question deferred from an earlier date or transferred from
one Division to another.

(2) The questions shall be arranged in the list of


questions in the order in which their notices are received.

(3) A member may by notice in writing given at any


time before the sitting for which his question has been
placed on the list withdraw his question or with the consent
of the Chairman request for the postponement of a question
to a later date as specified in the notice. The question once
postponed will not be postponed for the second time. The
postponed question shall not be placed on the list until two
clear days have expired from the time when the notice of
postponement was received by the Secretary.

46. Allotment of days for questions.— The time


available for answering questions shall be allotted on
different days in rotation for the answering of questions
relating to such Division or Divisions of the Government as
the Chairman may, from time to time, specify and, on such
day, unless the Chairman with the consent of the Minister
concerned otherwise directs, only questions relating to the
Division or Divisions for which time on that day has been
allotted shall be placed on the list of questions for answers.

Explanation,- The Ministers and Ministers of State


or Advisers whose questions have been set down for
answering on a day allotted to their Ministries shall, subject
to provisions of clause (6) of Article 91 of the Constitution,
remain present in the House during question hour and will
not leave the Senate till the business concerning their
Ministries is disposed of.

47. Written answers to questions not replied orally.-


If any question placed on the list of questions for answer on
any day is not called for answer within the time available
for answering questions on that day, the answer already
supplied by the Minister concerned, or the member to
whom the question is addressed, shall be laid on the Table
and no oral reply shall be required for such question nor
shall any supplementary question be asked in respect
thereof:

Provided that if the Minister concerned is not ready


with the answer to the question, the question shall be put for
answer on the next following day allotted for the Division
in the charge of that Minister or on a day to be specified by
the Chairman in consultation with the Minister.

48. Subject matter of questions.— (1) Subject to the


provisions of these rules, a question may be asked for the
purpose of obtaining information on a matter of public
concern within the special cognizance of the Minister to
whom it is addressed.
21

(2) A question addressed to a Minister must relate to the


public affairs with which he is officially connected or to a
matter of administration for which he is responsible.

49. Questions to private members.— A question may


be addressed to a private member provided the subject
matter of the question relates to some Bill, resolution or
other matter connected with the business of the House for
which that member is responsible; and the procedure in
regard to such questions shall, as far as may be, be the same
as that followed in the case of questions addressed to a
Minister with such variations as the Chairman may consider
necessary or convenient.

50. Admissibility of questions.— In order that a


question may be admissible, it must satisfy the following
conditions, namely:—

(i) it shall not bring in any name or statement not


strictly necessary to make the question
intelligible;
(ii) if it contains a statement, the member shall
make himself responsible for the accuracy of
the statement;

(iii) it shall not contain arguments, inferences,


ironical expressions, imputations, epithets or
defamatory statements;

(iv) it shall not ask for an expression of opinion or


the solution of an abstract legal question or a
hypothetical proposition;

(v) it shall not refer to the character or conduct


of any person except in his official or public
capacity nor to the character or conduct
which can be challenged only on a
substantive motion;

(vi) it shall not ordinarily exceed one hundred


and fifty words;

(vii) it shall not relate to a matter which is not


primarily the concern of the Government;

(viii) it shall not make or imply a charge of a


personal character;
(ix) it shall not raise questions of policy too large
to be dealt with within the limits of an answer
to a question;
(x) it shall not repeat in substance questions
already answered in the Senate or disallowed
by the Chairman during the last four months;

(xi) it shall not be trivial, vexatious, or vague;


22

(xii) it shall not ask for information contained in


documents ordinarily accessible to the public
or ordinary works of reference;

(xiii) it shall not ask for information on matters


under the control of bodies or persons not
primarily responsible to the Government, or
in which the Government has no financial
interest;

(xiv) it shall not contain references to newspapers


by name and shall not ask whether statements
in the press or by private individuals or by
non-official bodies are accurate;

(xv) it shall not ask for information regarding


Cabinet discussions, or any advice given to
the President, or in relation to any matter in
respect of which there is a constitutional or
statutory obligation not to disclose
information;

(xvi) it shall not ask for information on matters


which are under consideration before a
Committee of the Senate nor shall it ask for
information about the proceedings of any such
Committee unless such proceedings have
been placed before the Senate by a report of
the Committee;

(xvii) it shall not—

(a) contain any reflection on the conduct


of the President including foreign
Heads of State or Government or a
Judge of the Supreme Court or of a
High Court; or
(b) ask for information on matters which
have already been discussed by
means of an adjournment motion or
otherwise during the same session; or
(c) contain any criticism of the decisions
of the Senate or the Assembly; or
(d) seek information about matters which
are in their nature secret or sensitive;
or
(e) make derogatory or discourteous
references to foreign Heads of State,
or Government or to a foreign
country;
(xviii) it shall not contain any reflection on a
decision of a court of law or a statutory
tribunal established in Pakistan or such
remarks as are likely to prejudice a matter
which is subjudice;
23

(xix) it shall not ordinarily ask for information on


matters of past history which entails
collection of data, information, or research
of an order or degree not commensurate with
effort, time or expenses involved;

(xx) it shall not ordinarily ask about matters


pending before any statutory tribunal or
statutory authority performing any judicial
or quasi-judicial functions or any
commission or court of inquiry appointed to
enquire into or investigate any matter but
may refer to matters concerned with
procedure or subject or stage of enquiry if it
is not likely to prejudice the consideration of
the matter by the tribunal or commission or
court of inquiry; and
(xxi) it shall not ask for information on matters
prejudicial to the integrity and security of the
country.
51. Short notice questions.— (1) The question relating
to a matter of public importance may be asked with notice
shorter than thirteen clear days and if the Chairman is of the
opinion that the question is urgent and admissible he may,
after ascertaining from the Minister concerned, fix a date
for reply of the question:
Provided that-
(i) a member may not ask more than one short
notice question on any one day; and

(ii) a short notice question may not be asked to


anticipate reply to a question of which
notice has already been given.
(2) If the Minister concerned agrees to reply, such
question shall be answered on a day indicated by him and
shall be called immediately after the questions appearing on
the list of questions for oral answer have been disposed of.

(3) If the Minister is unable to answer the question at


short notice and the Chairman is of opinion that the
question is of sufficient public importance to be orally
answered in the Senate, he may direct that the question be
placed as the first question on the list of questions for the
day on which it would be due for answer under rule 42:
Provided that not more than one such question shall
be accorded first priority on the list of questions for any one
day.

(4) Where a member desires an oral answer to a


question at a short notice, he shall briefly state the reasons
for asking the question with short notice. Where no reasons
have been assigned in the notice of the question, the
question shall be returned to the member.
24

(5) The member who has given notice of the question


shall be in his seat to read the question when called by the
Chairman and the Minister concerned shall give a reply
immediately.
(6) In other respects, the procedure for short notice
questions shall be the same as for ordinary questions for
oral answer, with such modifications as the Chairman may
consider necessary or convenient.
52. Questions relating to the Secretariat of the
Senate.— Questions relating to the Secretariat of the
Senate may be asked of the Chairman by means of a
private communication and not otherwise or in the House.
53. Questions regarding correspondence between
authorities.— A question shall not be asked (except as to a
matter of fact) in respect of matters which are or have been
the subject of correspondence between the Federal
Government and a Provincial Government.
54. Chairman to decide admissibility of questions.—
Within five days from the date of receipt of the notice, the
Chairman shall decide on the admissibility of a question
and shall disallow any question or a part thereof which, in
his opinion, is in contravention of these rules, or he may, in
his discretion, amend it in form.
55. List of questions.— (1) Questions, *[which have
been admitted], shall be entered in the list of questions for
the day alongwith the answers, if received from the
Minister concerned not later than forty-eight hours before
the commencement of the question hour on the day on
which the questions are put down for answer:
Provided that the Minister concerned shall give
reason(s) for not providing the answers within time:
Provided further that if the Secretary of the Ministry
or Division concerned responsible to submit a reply to the
Senate Secretariat within time fails to do so the Chairman
after taking sense of the House may refer the matter to the
Committee on Rules of Procedure and Privileges for
consideration.
(2) Questions shall be called in the order in which they
stand in the list, unless the Chairman changes the order of
questions with the leave of the Senate.
56. Mode of asking questions.- (1) At the time of
asking questions, the Chairman shall call successively each
member in whose name a Starred Question appears in the
list of questions.
(2) The member so called shall rise in his place and,
unless he states that it is not his intention to ask the question
standing in his name, he shall ask the question by reference
to its serial number on the list of questions.

* Substituted by S.R.O. 452(I)/2016, dated 26-05-2016.


25

(3) If, on a question being called, it is not put or the


member in whose name it stands is absent, the answer
already supplied by the Minister concerned or the member
to whom the question is addressed shall be treated as laid
on the table and no oral reply shall be required for such
question nor shall any supplementary question be asked in
respect thereof.

57. Supplementary questions.- When a question has


been answered, any member may ask such supplementary
questions as may be necessary for the elucidation of the
answer, but the Chairman shall disallow any
supplementary question which, in his opinion, either
infringes any provision of these rules relating to the subject
matter and admissibility of questions or is irrelevant or is
beyond the scope of question or does not arise out of the
answer given:
Provided that not more than three supplementary
questions shall be asked in respect of any question:

Provided further that the member who has given


notice for asking the question shall have the right to ask the
first supplementary question:

Provided further that a supplementary question shall


be short and precise and shall not be in the form of a
speech.

*[58. No publicity of answers to questions in


advance.— Answers to questions which Ministers propose
to give in the Senate shall be placed on the members‟ desk
*[as well as shall be electronically sent to the members two
hours] before the commencement of question hour and shall
not be released for publication until the answers have
actually been given on the floor of the Senate or laid on the
Table.]

* Substituted by S.R.O. 329 (1)/2015, dated 17-04-2015.


26

59. Prohibition of discussions on questions or


answers.— There shall be no discussion on any question or
answer except as provided by rule 60.

60. Discussion on a matter of public importance


arising out of answer to a question.— (1) Once in a
period of seven consecutive working days, the Chairman
may, on three clear days‟ notice being given by a member,
allot half an hour for discussion on a matter which in his
opinion is of sufficient public importance and has recently
been the subject of a question, Starred or Unstarred:

Provided that the Chairman may not admit a notice


which, in his opinion, seeks to revise the policy of the
Government.

(2) The notices received under sub-rule (1) during a


week ending Saturday, shall be considered by the Chairman
for determination of their admissibility in the order in which
they are received and when one such notice is admitted all
other notices shall lapse.

(3) There shall be no voting nor any formal motion in


the course of or at the conclusion of such discussion.
27

CHAPTER VIII

RAISING OF MATTERS OF PUBLIC IMPORTANCE


UNDER *[PRIME MINISTER’S] ZERO HOUR

61. *[Prime Minister’s Zero Hour].— (1) Last


**[*****] hour of a sitting shall be utilized as *[Prime
Minister‟s Zero Hour] to take up matters of urgent public
importance.
(2) A member may raise a matter after giving a notice,
in writing, to the Secretary, one hour before the
commencement of sitting of the Senate to be taken up in
*[Prime Minister‟s Zero Hour]:
Provided that not more than one such notice shall be
given by a member for the same sitting.
***[(2A) The Prime Minister shall whenever possible
personally respond to points raised by members whenever
he is present in the House. However, the Prime Minister
shall attend the Prime Minister‟s Zero Hour at least once in
each week when the Senate is in session:

Provided that it shall be the joint responsibility of


the Leader of the House and the Chief Whip to
request/invite the Prime Minister to attend the Prime
Minister‟s Zero Hour and to inform all members of the
Prime Minister‟s attendance one day in advance.]

(3) The matter shall relate to the Government, requiring


intervention of the Senate.

(4) The member shall not speak for more than two
minutes while raising the matter.
***[(5) If the Prime Minister is not present, the Minister
concerned shall respond to the matter raised under
sub-rule (1).

(6) If both the Prime Minister and the Minister


concerned are not present, the Chairman, if deemed
necessary, may require the Minister concerned to respond
to the point raised by the member on a date to be fixed by
the Chairman.]

———————————————————————
*Substituted vide S.R.O. 309(I)/2014 dated. 16-04-2014.
**Omitted vide S.R.O. 309(I)/2014 dated. 16-04-2014.
***Inserted vide S.R.O. 309(I)/2014 dated. 16-04-2014.
28

62. Conditions of admissibility.-(1) In order that a


notice may be admissible, it shall satisfy the following
conditions, namely:-

(i) it shall not exceed fifty words;

(ii) it shall not relate to a matter which has been


discussed in the same session or which is
substantially identical to the matter already
raised by a member under this rule during
the session;
(iii) it shall not raise more than one issue and the
issue shall not pertain to trivial matters;

(iv) it shall not contain arguments, inferences,


ironical expressions, imputations, epithets or
defamatory statements;
(v) it shall not relate to any matter which is
subjudice before a court of law;

(vi) it shall be restricted to a matter of recent


occurrence;

(vii) it shall not refer to proceedings of a


parliamentary Committee;
(viii) it shall not refer to the conduct or character
of persons except in their public capacity;
and
(ix) it shall not refer discourteously to a friendly
foreign country.
63. Time for tabling notices and their validity.- (1)
Notices shall be arranged in the order in which they are
received.
(2) Notices received during a week shall be valid for
that week only.
29
CHAPTER IX

CALLING ATTENTION NOTICES

64. Procedure regarding calling attention.— (1) A


member may call the attention of a Minister to any matter
of urgent public importance and the Minister may make a
brief statement or ask for time to make a statement at a later
hour or date.

*[(2) There shall be no debate or voting on such a


statement. The member in whose name the item stands shall
make a brief statement and the Minister concerned shall
make a statement on the subject. The statement by the
member shall not exceed ten minutes and the statement by
the Minister shall not normally exceed fifteen minutes].

65. Notice of calling attention.— Notice of a calling


attention shall be given one day before the day on which the
notice is to be considered and it shall be entered in the
Orders of the Day:

Provided that if the notice is signed by more than


**[five] member then names of first five members who
have signed the notice shall be shown in the Orders of the
Day:

***[Provided further that a notice received from an


authenticated e-mail address of the Member to the
prescribed e-mail address of the Senate Secretariat shall be
deemed to be a proper notice in terms of this rule.

Explanation.- For the purposes of this rule,


„authenticated‟ means an e-mail address duly verified by a
Member and „prescribed‟ means notified by the Senate
Secretariat.]

66. Conditions of admissibility.- In order that a notice


may be admissible, it shall satisfy the following conditions,
namely:-

(i)
it shall not refer to a matter which is not the
concern of the Government;
———————————————————————
* substituted by S.R.O. 309(I)/2014, dated 16-04-2014.
** substituted by S.R.O.452(I)/2016, dated 26-05-2016.
*** Added by S.R.O. 1323, dated 31-12-2015.
30

(ii) it shall not refer to a matter which has been


discussed in the same session or which is
substantially identical to the matter already
raised by a member under this rule during
the session;

(iii) it shall not raise more than one issue and the
issue shall not pertain to trivial matters;

(iv) it shall not contain arguments, inferences,


ironical expressions, imputations, epithets or
defamatory statements;

(v) it shall not relate to any matter which is


subjudice before a court of law;

(vi) it shall be restricted to a matter of recent


occurrence;

(vii) it shall not refer to proceedings of a


parliamentary Committee;

(viii) it shall not refer to the conduct or character


of persons except in their public capacity;
and

(ix) it shall not refer discourteously to a friendly


foreign country.
67. Restriction on raising matters.— Not more than
*[two] such matters shall be raised at the same sitting:

**[Provided that the second matter shall not be


raised by the same member who has raised the first matter.]

68. Priority of the matter.— In the event of more than


one matter being presented for the same day, priority shall
be given to the matter which is, in the opinion of the
Chairman, more urgent and important.

———————————————————————
* Substituted by S.R.O.329(1)/2015, dated 17-04-2015.
** Added by S.R.O.329(1)/2015, dated 17-04-2015.
31

69. Notices to lapse.—(1) Notices on subjects that have


not been selected for a particular day shall be carried
forward for consideration of the Chairman for the next
sitting of the Senate.

(2) Notices not selected during the week for which they
have been given, shall lapse at the end of the week.

(3) Members concerned may revive their notice(s) for


the following week, if they so desire, by giving a fresh
notice.
32

CHAPTER X
PRIVILEGE
70. Question of privilege.— A member may, with the
consent of the Chairman, raise a question involving a
breach of privilege either of a member or of the Senate or of
a Committee thereof, if based on,-

(i) misconduct in the presence of House or the


Committees thereof;
(ii) disobedience of order of the House or its
Committees;
(iii) presenting false, forged or fabricated
documents to the House or its Committees;
(iv) tampering with documents presented to the
House or its Committees;
(v) speeches or writings reflecting on the House,
its Committees or members;
(vi) publication of false or distorted reports of
debates;
(vii) publication of Expunged Proceedings;
(viii) publication of proceedings of secret
sessions;
(ix) premature publication of proceedings,
evidence or report of a Parliamentary
Committee;
(x) derogatory reflection on the report of a
Parliamentary Committee;
(xi) circulation of petitions before presentation;
(xii) premature publication of various other
matters connected with the business of the
House *[or Committees thereof];
(xiii) obstructing members in the discharge of
their duties;
(xiv) attempts by improper means to influence
members in their parliamentary conduct;
(xv) intimidation of members; obstructing
officers of the House;
(xvi) refusal of Government functionaries to assist
officers of the House when called upon to do
so in pursuance of the orders of the House or
a Committee thereof as the case may be;
(xvii) obstructing of witnesses;

* Added by S.R.O.452(I)/2016, dated 26-05-2016.


33

(xviii) failure of the Government to lay before the


House any report or a document required to
be laid before the House in pursuance of the
provisions of the Constitution or the law;
and

(xix) failure to provide information required by


the House or its Committees.

71. Notice of question of privilege.— A member


wishing to raise a question of privilege shall give notice in
writing to the Secretary before the commencement of the
sitting on the day the question is proposed to be raised. If
the question raised is based on a document, the notice shall
be accompanied by the document or its copy indicating the
specific breach of privilege of the member or the House or
its Committee:

Provided that the Chairman may, if he is satisfied


about the urgency of the matter, allow a question of
privilege to be raised at any time during the course of a
sitting after the disposal of questions.

72. Conditions of admissibility of question of


privilege.— The right to raise a question of privilege shall
be governed by the following conditions, namely:-

(i) not more than one question shall be raised by


the same member at the same sitting;

(ii) the question shall relate to a specific matter


and shall be raised at the earliest
opportunity;

(iii) the matter shall be such as requires the


intervention of the Senate; and

(iv) the question shall not reflect on the personal


conduct of the President.

73. Mode of raising a question of privilege.— Where


a question of privilege has been allowed to be raised, the
Chairman shall, after the disposal of questions and before
other business on the Orders of the Day is entered upon,
call upon the member who gave the notice and thereupon
the member shall raise the question of privilege and make a
short statement relevant thereto:

Provided that where a member is allowed under the


proviso to rule 71 to raise a question of privilege during the
course of a sitting he shall raise that question immediately
after his being allowed to do so or at such other time as the
Chairman may direct.

74. Precedence of question of privilege.— A question


of privilege shall have precedence over adjournment
motions.
34

75. Questions of privilege to be considered by the


Senate or Committee.- If the Chairman holds the question
of privilege to be in order, it shall stand referred to the
Committee on Rules of Procedure and Privileges, unless the
Senate decides to consider the question itself.
76. Reference of question of privilege by the
Chairman to the Committee.— Notwithstanding
anything contained in these rules, if the Senate is not in
session, the Chairman in his Chamber, may refer any
question of privilege to the Committee on Rules of
Procedure and Privileges for examination, investigation and
report.
77. Priority for consideration of report of the
Committee.— A motion that the report of the Committee
on Rules of Procedure and Privileges be taken into
consideration shall be accorded the priority assigned to a
matter of privilege and when a day has already been fixed
for the consideration of the report, it shall be given priority
as a matter of privilege on the day so appointed.
78. Punishment for breach of privilege.— (1) If the
House finds any person to be guilty of the breach of
privilege of the House or its Committee or any member it
may award punishment to such person in accordance with
Constitution and the law.
(2) The House may also direct the Ministry concerned
or the relevant authority to take an appropriate action
against the person committing the breach of the privilege of
the House, its Committee or a member.
(3) The Division concerned shall report to the Senate
about the action taken on the directions or
recommendations made by the Committee within a period
of two months from the date of communication.
(4) A report received from the Division concerned shall
be circulated amongst the members.
79. Intimation to Chairman by magistrate, etc. of
arrest, detention, etc, of a member.— (1) When *[a case
is registered or] a member is arrested on a criminal charge
or for a criminal offence or is sentenced to imprisonment by
a court or is detained under an executive order, the
committing judge, magistrate or, as the case may be,
executive authority, shall immediately intimate such fact to
the Chairman indicating the reasons for the arrest, detention
or imprisonment of the member in the appropriate form set
out in the Second Schedule.
**[(2) When a member is summoned by or required to
appear before any commission, tribunal, authority,
organization, agency or other, for any investigation or
inquiry, as the case may be, the Chairman shall be informed
of the same. The concerned authority shall intimate the
brief facts/reasons.
______________________________________________
* Inserted by S.R.O.141(I)/2018/, dated 08-02-2018.
** Substituted by S.R.O. 801(1)/2015, dated 13-08-2015.
35

80. Intimation to Chairman on release of a


member.— When a member after his arrest or detention is
released on bail or otherwise or is acquitted of a criminal
charge, such fact shall be intimated to the Chairman by the
authority concerned in the appropriate form set out in the
Second Schedule.

81. Treatment of communications received from


magistrate etc.— As soon as may be after the Chairman
has received a communication referred to in *[sub-rule (1)
of] rule 79 or rule 80, he shall read it out in the Senate if in
session or, if the Senate is not in session, direct that it may
be circulated for the information of the members.

82. Arrest within the precincts of Senate.— No


member shall be arrested within the precincts of the Senate
without the permission of the Chairman.

83. Service of legal process.— A legal process issued


by any court, tribunal or other authority shall not be served
on a member within the precincts of the Senate.

84. Production of a member in custody for a sitting


of the Senate or meeting of a Committee.— (1) The
Chairman or Chairman of a Committee may summon a
member in custody on the charge of any offence or under
any law relating to preventive detention to attend a sitting
or sittings of the Senate or meeting of a Committee of
which he is a member if he considers his presence
necessary.

(2) On a Production Order, signed by the Secretary or


by any other officer authorized by the Chairman in this
behalf, addressed to the Federal Government or, as the case
may be, the Provincial Government where the member is
held in custody, or to the authority having or holding
custody of the member, the Federal Government or the
Provincial Government or such other authority shall cause
the member in custody to be produced before the Sergeant-
at-Arms who shall, after the conclusion of the sitting or the
meeting, deliver the member into the custody of the Federal
Government or the Provincial Government or other
authority, as the case may be.

_______________________________________________
* Inserted by S.R.O.141(I)/2018/, dated 08-02-2018.
36

CHAPTER XI
ADJOURNMENT MOTIONS

85. Adjournment motions.— Subject to the provisions


of these rules a motion for an adjournment of the business
of the House for the purpose of discussing a definite matter
of recent occurrence and of urgent public importance may
be moved with the consent of the Chairman.

86. Notice of a motion.— Notice of a motion under


rule 85, explaining the matter proposed to be discussed,
shall be delivered to the Secretary not less than two hours
before the commencement of the sitting in which the
motion is proposed to be moved, and the Secretary shall
thereupon bring the notice to the knowledge of the
Chairman, the Leader of the House, the Minster concerned
and the Minster for Parliamentary Affairs:

*[Provided that a notice received from an


authenticated e-mail address of the Member to the
prescribed e-mail address of the Senate Secretariat shall be
deemed to be a proper notice in terms of this rule.

Explanation.- For the purposes of this rule,


„authenticated‟ means an e-mail address duly verified by a
Member and „prescribed‟ means notified by the Senate
Secretariat.

87. Conditions of admissibility of a motion.— A


motion shall not be admissible unless it satisfies the
following conditions, namely:-

(a) it shall raise an issue of urgent public


importance;

(b) it shall relate substantially to one definite


issue;

(c) it shall be restricted to a matter of recent


occurrence of which a notice has been
given at the earliest opportunity;

(d) it shall not revive discussion on a matter,


including the discussion on the admissibility
of an adjournment motion which has been
discussed in the Senate within last four
months;

(e) it shall not anticipate a matter for the


consideration of which a date has been
previously appointed;

———————————————————————
*Added by S.R.O. 1323, dated 31-012-2015
37

(f) it shall relate to a matter which is primarily


the concern of the Government or to a
matter in which the Government has
substantial financial interest;

(g) it shall not contain arguments, inferences,


ironical expressions or defamatory
statements;

(h) it shall not refer to the conduct or character


of a person except in his official or public
capacity;

(i) it shall not relate to a matter of privilege;

(j) it shall not deal with a hypothetical case;

(k) it shall not relate to a matter which can only


be remedied by legislation;

(l) it shall not relate to a matter pending before


any court or other authority performing
judicial or quasi-judicial functions:

Provided that the Chairman may, in


his discretion, allow such matter being raised
in the Senate as is concerned with the
procedure or subject or stage of inquiry and
if he is satisfied that it is not likely to
prejudice the consideration of the matter by
such court or authority; or
(m) it shall not raise discussion on a matter
which is secret or sensitive.

88. Asking leave for motion.— (1) Leave to make a


motion shall be asked for after questions and privilege
motions, if any, and before other business entered in the
Orders of the Day is taken up:

Provided that on the day fixed for the private


members‟ business such leave shall be asked for
immediately after recitation from the Holy Quran and the
disposal of question of privilege motions, if any.

(2) Leave to make a motion shall be asked for only by


the member who has given notice thereof. If the member
who has given such notice is absent at the time the matter is
taken up it shall be treated as dropped and disposed of.

(3) At this stage the member may read out his motion.

(4) If the motion is opposed the Minister may make a


brief statement thereon to which the member may reply
confining himself to the question of admissibility of the
motion.
38

89. Grant or withholding of leave.— (1) If the


Chairman is of opinion that the matter proposed to be
discussed is in order, he shall ask whether the member has
the leave of the Senate to move the motion and, if objection
is taken, he shall ask such of the members as may be in
favour of leave being granted to rise in their seats *[or ask
them to cast their votes by operating the automatic vote
recorder].

(2) If less than one-fourth of the total membership of


the Senate rises *[or cast their vote by operating the
automatic vote recorder in favor of the leave], the Chairman
shall inform the member that he has not the leave of the
Senate but if such membership rises *[or cast their vote by
operating the automatic vote recorder in favor of the leave],
the Chairman shall announce that leave is granted and that
the motion shall be taken up as the last item for discussion
for not more than two hours on such day, as soon as
possible, as the Chairman may fix preferably during the
same session.

90. Time-limit for determination of admissibility.—


On any one day, the aggregate time taken for asking for
leave under rule 88 or, as the case may be, the grant or
withholding of leave under rule 89, shall not exceed half an
hour.

91. Restriction on number of motions.—


Notwithstanding anything contained in this Chapter, not
more than one motion shall be admitted on any one day; but
motions, if any, remaining unconsidered as regards their
admissibility shall be held over for the next day and shall be
taken up in the same order in which they were received.

92. Question to be put.— On a motion under rule 85,


the only question that may be put shall be “that the Senate
do now adjourn”, but no such question shall be put after the
time for the discussion of the motion has expired.

93. Time-limit for speeches.— A speech during the


debate on a motion for adjournment shall not exceed ten
minutes in duration:

Provided that the mover or Minister concerned or


the Prime Minister may speak for thirty minutes

_________________________________________________________
* Inserted by S.R.O.387(1)/2016, dated. 03-05-2016.
39

CHAPTER XII

LEGISLATION

BILLS ORIGINATING IN THE SENATE

INTRODUCTION OF BILLS
Private Members’ Bills

94. Notice of private members’ Bills.— (1) A private


member may move for leave to introduce a Bill after
giving to the Secretary ten working days‟ written notice of
his intention to do so.

(2) Three copies of the Bill together with the Statement


of Objects and Reasons signed by the member shall
accompany the notice.

(3) The Chairman shall decide the question whether the


Bill does or does not require the consent of the Government
or previous sanction of the President.
*[omitted]
(5) The Senate Secretariat shall render possible
assistance to the member so that Bill is not rejected on
technical grounds.

95. Introduction of private members’ Bills.— (1)


Motion for leave to introduce private members‟ Bill shall
be set down in the Orders of the Day for a day meant for
private members‟ business and copies of the Bill shall be
circulated alongwith the Orders of the Day.

(2) When the item is called, the member-in-charge may


move for leave to introduce the Bill.

(3) If the motion for leave to introduce the Bill is not


opposed, the Bill shall stand introduced and referred to the
Standing Committee concerned with the subject matter of
the Bill.

(4) If leave to introduce the Bill is opposed, the


Chairman shall allow the mover and the Minister or the
member who raised the objection to make a brief statement
and thereafter shall put the motion to the vote of the House.
If the majority of the members present vote in favour of the
leave, the Chairman shall announce that the leave is
granted.

* Omitted by S.R.O.452(I)/2016, dated 26-05-2016.


40

(5) After leave is granted, the member-in-charge shall


introduce the Bill which after introduction shall stand
referred to the Standing Committee concerned. If the leave
is refused, the Bill shall stand rejected:

Provided that when the item is called and the


member-in-charge is absent, the Bill shall be treated as
dropped.
Government Bills
96. Notice of Government Bills.— (1) A Minister
shall give notice in writing to introduce a Bill.

(2) The notice shall be accompanied by a copy of the


Bill, together with a Statement of Objects and Reasons
signed by the Minister *[*****]. A certificate whether it is
Money Bill or not shall be also attached with the notice.
Copy of the Bill shall be supplied to the members on its
introduction.

(3) If a question arises whether a Bill does or does not


require previous sanction of the President or the
Government, the question shall be decided by the
Chairman.

(4) The introduction of the Bill shall ordinarily be


included in the Orders of the Day for a day meant for
Government business and copies of the Bill shall be
circulated along-with the Orders of the Day. If the Bill
involves amendment to an existing law, the Secretary shall
also supply a relevant extract of the section or sections of
the original Act which the Bill seeks to amend.

(5) When the item is called, the Minister shall introduce


the Bill.
(6) For the purpose of this rule, an Ordinance first laid
before the Senate under paragraph (b) of clause (3) of
Article 89 of the Constitution, read with sub-rule (1) of
rule 145, shall be deemed to be a Bill introduced in the
Senate on the day it is so laid and it shall also contain
Statement of Objects and Reasons.

PUBLICATION OF BILLS
97. Publication of Bills.— (1) The Secretary shall
cause every Bill that has been introduced to be published in
the Gazette as early as possible.

(2) The President may order the publication of any Bill,


together with the Statement of Objects and Reasons
accompanying it, before its introduction and if it is so
published it shall not be necessary to publish it again after
its introduction.

* Omitted by S.R.O.452(I)/2016, dated 26-05-2016.


41

CONSIDERATION OF BILLS
98. Reference of Bills to Standing Committees.—
Upon introduction, a Bill shall stand referred to the
Standing Committee concerned with the subject matter of
the Bill:

Provided that the member-in-charge may move that


the requirement of this rule be dispensed with and, if the
motion is carried, the provisions of rule 99 shall apply to
the Bill as if it were received back from the Standing
Committee on the day on which the motion is carried:

*[Provided further that the Member-in-Charge or


any other Member may move that the Standing Committee
concerned may circulate the Bill for eliciting public
opinion:

Provided further that if the Motion that the Bill be


circulated for eliciting public opinion is carried, the
Standing Committee concerned shall adopt the procedure as
provided in sub-rule (3) of rule 187.]

99. Time for consideration of Bills.— (1) When a Bill


has been received back from the Standing Committee, or
when the time fixed for the Standing Committee to send it
back has expired, the Secretary shall cause copies of the
Bill, as introduced, together with modifications, if any,
recommended by the Standing Committee, to be supplied to
each member within seven days after the receipt back or, as
the case may be, expiry of time and shall set down the Bill
on the Orders of the Day. If it is a private members‟ Bill for
a day fixed for private members‟ business and if it is a
Government Bill then for a day meant for Government
business for a motion under rule 100.

(2) At least two clear days shall intervene between the


day of supply of copies of the Bill to members and the day
for setting down of the Bill for a motion under rule 100:

Provided that it shall not be necessary to supply


copies of the Bill, where the requirement of rule 98 has
been dispensed with or where the Standing Committee has
not recommended any modification in the Bill or where the
Standing Committee has failed to send back the Bill before
the expiry of the time for it to send it back.

(3) In case of urgency, if the Chairman permits, the


member-in-charge may move that the requirement of
sub-rule (2) be dispensed with and, if the motion is carried,
the provisions of that sub-rule shall stand suspended in
regard to that Bill and the member-in-charge may forthwith
make any of the motions in rule 100.

_______________________________________________
* Added by S.R.O.902(I)/2017, dated 07-09-2017.
42

100. Motions to be made by member-in-charge.— (1)


On the day for which a Bill is set down under rule 99, or on
any subsequent day to which the matter might have been
adjourned, the member-in-charge may make any of the
following motions in regard to his Bill, namely:-
(a) that it be taken into consideration at once; or
(b) that it be taken into consideration on a date
to be fixed forthwith; or
(c) that it be referred to a Select Committee:
*[Provided that if the Committee has
recommended that a particular Bill may not
be passed by the Senate then the Member-in-
Charge may only move the motion
mentioned in paragraph (c).]

**[paragraph (d) omitted.]

(2) Any member may move an amendment to a motion


moved under sub-rule (1) by the member-in-charge.
(3) The member-in-charge shall explain the purpose of
his moving the motion mentioned in sub-rule (1) and
thereafter the member shall move his amendment to the
said motion and shall speak in support of his amendment
and thereafter the Chairman shall put it to the vote of the
House and the House shall decide either in favour of the
motion moved by the member-in-charge or in favour of the
amendment moved by a member.
(4) If the motion moved by the member-in-charge is
carried and the amendment of the member is rejected the
Bill shall be considered by the House under rule 104.
(5) If the amendment moved by a member is carried
then the Bill shall be dealt with as decided by the House.
(6) Where a motion that a Bill be referred to the Select
Committee is carried the Bill shall be referred to the said
Committee to report within a specified period and after the
receipt of the report the House may consider it under
rule 104.

_______________________________________________
* Inserted by S.R.O. 1212 (I)/2017, dated 22-11-2017.
** Omitted by S.R.O.902(I)/2017, dated 07-09-2017.
43
(7) Where a motion or amendment that a Bill be
circulated for the purpose of eliciting public opinion
thereon is carried and the Bill is circulated in accordance
with that direction and opinions are received thereon the
member-in-charge if wishes to proceed with his Bill
thereafter may move a motion that the Bill be referred to
the Standing Committee concerned or Select Committee or
that it be taken into consideration.
101. Procedure after presentation of report.— (1)
Where a Bill has been referred to a Select Committee,
the member-in-charge may, after the presentation of the
final report by the Select Committee, move,-
(a) that the Bill as reported by the Select
Committee be taken into consideration; or
(b) that the Bill as reported by the Select
Committee be referred to the same
Committee again either-
(i) as a whole, or
(ii) with respect to particular clauses or
amendments only, or
(iii) with instructions to make some
particular or additional provision in
the Bill, or
(c) that the Bill as reported by the Select
Committee be circulated or re-circulated for
the purpose of eliciting opinion or further
opinion thereon.

(2) If the member-in-charge moves that the Bill as


reported by the Select Committee be taken into
consideration, any member may object to its being so taken
into consideration, if a copy of the report of the Select
Committee has not been made available for use of the
members at least two days before the motion is made, and
the objection shall prevail unless the Chairman allows the
report to be taken into consideration. If it is allowed the
procedure laid down in rules 103 to 115 shall be applicable.
44
102. Bills repugnant to the Injunctions of Islam.— (1)
If a member raises the objection that a Bill is repugnant to
the Injunctions of Islam, he may move a motion and if it is
supported by not less than two-fifths of the total
membership of the Senate the question shall be referred to
the Council of Islamic Ideology for advice as to whether the
Bill is or is not repugnant to the Injunctions of Islam. Such a
motion can not be raised after the commencement of the
motion for consideration of the Bill.
(2) Notwithstanding a reference under sub-rule (1), the
Senate may at any time proceed with the Bill, if it considers
that in the public interest the passage of the Bill should not
be postponed until the advice is furnished.
(3) The advice of the Council of Islamic Ideology on a
question referred to it under sub-rule (1) shall on receipt be
circulated amongst the members and shall also be laid on
the Table of the House.
(4) If the advice of the Council of Islamic Ideology is
furnished after the Bill referred to in sub-rule (2) has been
enacted and is to the effect that the law is repugnant to the
Injunctions of Islam, the Minister concerned shall, within
seven days of the laying of the advice on the Table, move
that the law be reconsidered and further action thereon shall
be taken in accordance with the provisions of this chapter as
if the law were a Bill referred to the Standing Committee
under rule 98.
FIRST READING OF THE BILL
103. Discussion on principles of Bills.— (1) On the day
on which any of the motions referred to in rule 100 is made
or on any subsequent day to which discussion thereof is
postponed the principles of the Bill and its general
provisions may be discussed, at this stage amendments to
the Bill may not be moved but any member may give notice
of any amendment.

(2) Notwithstanding anything contained in this rule, a


Minister or a member at any stage of the Bill may move
that it be circulated for the purpose of eliciting opinion
thereon. Where this motion is carried and the Bill is
circulated in accordance with that direction and opinions
are received thereon, the Minister may, if he wishes to
proceed with the Bill thereafter, move that the Bill be
referred to the Standing Committee concerned or that it be
taken into consideration at once.
45

SECOND READING OF THE BILL

104. Consideration of the Bill clause by clause.— (1)


On conclusion of general discussion on the principles of the
Bill and its general provisions the motion for consideration
of the Bill shall be put to the House. If the motion is carried
the Bill shall be taken up clause by clause.

(2) At this stage any member may move an amendment


to the Bill subject to the provisions of these rules.

105. Notice of amendments.— (1) When a motion that


a Bill be taken into consideration is carried, any member
may propose an amendment to the Bill. If notice of an
amendment has not been given two working days before the
day on which the relevant clause of or schedule to the Bill
is to be considered, any member may object to the moving
of the amendment and such objection shall prevail unless
the Chairman allows the amendment to be moved.

(2) The Secretary shall cause a list of admitted


amendments of which notices have been received to be
made available for the use of every member.

106. Conditions of admissibility of amendments.—


The following conditions shall govern the admissibility of
amendments:-

(i) An amendment shall be within the scope of


the Bill and relevant to the subject matter of
the clause to which it relates;
(ii) An amendment shall not be inconsistent with
any previous decision of the Senate on the
same question;
(iii) An amendment shall not be such as to make
the clause which it proposes to amend
unintelligible or ungrammatical;
(iv) If an amendment refers to, or is not
intelligible without, a subsequent
amendment or schedule, notice of the
subsequent amendment or schedule shall be
given before the first amendment is moved,
so as to make the series of amendments
intelligible as a whole:
Provided that in order to save time
and repetition of arguments a single
discussion may be allowed to cover a series of
interdependent or identical amendments;
(v) The Chairman shall determine the place at
which an amendment shall be moved;
46

(vi) The Chairman may refuse to propose an


amendment, which is, in his opinion,
frivolous or meaningless;

(vii) An amendment may be moved to an


amendment, which has been already
proposed by the Chairman;

(viii) An amendment shall not be moved which


has merely the effect of a negative vote; and

(ix) In respect of any amendment of the Bill


under consideration of the Senate, the
Chairman shall have the power to select one
of the several identical or substantially
identical amendments to be proposed or may
club together the identical amendments.
107. Order of amendments.— (1) Amendments shall be
arranged in the order in which notices thereof were received
and shall be considered in the order of the clauses of the
Bill to which they respectively relate and in respect of any
such clause a motion shall be deemed to have been made:
“That this clause stands part of the Bill”.

(2) Amendments shall be moved by the member only


who has given notice thereof.

(3) A member may give notice of at least one working


day to move an amendment to amendment and after the
original amendment is moved the member giving notice of
an amendment to amendment shall move his amendment
and it shall be considered and decided first and in case the
amendment to an amendment is carried the original
amendment shall become out of order and in case the
amendment to amendment is rejected then the original
amendment shall be discussed and put to the vote of the
House.

108. Withdrawal of amendments.— An amendment


moved may, by leave of the Senate, but not otherwise, be
withdrawn, at the request of the Minister or the member
moving it. If an amendment has been proposed to an
amendment, the original amendment shall not be withdrawn
until the amendment proposed to it has been disposed of.

109. The disposal of amendments.— The Chairman


may call each clause separately and, when the amendments
relating to it have been dealt with, shall put the question :
“That this clause or that this clause as amended stands part
of the Bill”.

110. Postponement of clause.— The Chairman may, if


he thinks fit, postpone the consideration of a clause.
47
111. Schedule.— The consideration of the schedule or
schedules, if any, shall follow the consideration of clauses.
Schedules shall be put from the Chair, and may be
amended, in the same manner as clauses, and the
consideration of new schedules shall follow the
consideration of the original schedules. The question shall
then be put: “That this schedule or that this schedule as
amended do stand part of the Bill”.

112. Clause one, preamble and title of the Bill.—


Clause one, the preamble, if any, and the title of a Bill
shall stand postponed until the other clauses and schedules
including new clauses and new schedules have been
disposed of and the Chairman shall then put the question:
“That clause one, or the preamble or the title or that clause
one or the preamble or the title as amended do stand part
of the Bill”.

THIRD READING
PASSING OF BILLS

113. Passing of Bills.- (1) When clause by clause


consideration of the Bill has taken place and no amendment
to the Bill is made, the member-in-charge may at once
move that the Bill be passed.

(2) If any amendment of the Bill is made, any member


may object to a motion being made that the Bill be passed
at once, and such objection shall prevail, unless the
Chairman allows the motion to be made.

(3) Where such objection as aforesaid prevails, a


motion that the Bill be passed may be made on a
subsequent day.

(4) At this stage no amendment to the Bill may be


moved, except verbal amendments which are of a formal or
consequential nature.

114. Scope of debate.—The discussion on a motion that


the Bill, or the Bill as amended, be passed shall be
confined to the submission of arguments either in support
of the Bill or for the rejection of the Bill. In making his
speech a member shall not refer to the details of the Bill
further than is necessary for the purpose of his arguments
which shall be of a general character.

115. Withdrawal of Bills.— The member-in-charge of a


Bill may, at any stage of the Bill, move for leave to
withdraw the Bill, and if such leave is granted, no further
motion shall be made with reference to the Bill.

116. Corrections of formal nature in the Bill.— When


a Bill is passed, with or without amendment, the Secretary
may, if necessary,-
48
(a) correct punctuations or grammatical or
printing errors; or
(b) make incidental, consequential or verbal
alterations; or
(c) re-number or re-letter the provisions of the
Bill.
117. Transmission of Bill to Assembly.— When a Bill
is passed by the Senate, it shall be transmitted to the
Assembly for consideration with a message to that effect.

BILLS ORIGINATING IN THE ASSEMBLY AND


TRANSMITTED TO THE SENATE
118. Bills originating in and passed by the Assembly
and transmitted to the Senate.— When a Bill originating
in the Assembly has been passed by it and is transmitted to
the Senate, the Secretary shall, as soon as may be, cause it
to be circulated among the members.
119. Notice.— At anytime after the Bill has been so
circulated, any Minster, in the case of a Government Bill
and, in any other case, any member, may give notice of his
intention to move that the Bill be taken into consideration.
120. Motion for consideration.— On the day on which
the motion for consideration is set down in the Orders of the
Day which shall, unless the Chairman otherwise directs, be
not less than two working days from the receipt of the
notice, the Minister or, as the case may be, the member
giving notice may move that the Bill be taken into
consideration.

121. Reference to Standing Committee.— Any


member may move as an amendment that the Bill be
referred to the Standing Committee and if such motion is
carried, the Bill shall stand referred to the Standing
Committee, and the rules regarding Bills originating in the
Senate and referred to the Standing Committee shall then
apply.
122. Discussion.— On the day on which such motion is
made or on any subsequent day to which the discussion is
postponed, the principles of the Bill and its general
provisions may be discussed but the details of the Bill shall
not be discussed further than is necessary to explain its
principles.
123. Consideration and passing.— If the motion that
the Bill be taken into consideration is carried, the Bill shall
be taken into consideration clause by clause and the
provisions of these rules regarding consideration of
amendments to Bills and the subsequent procedure in
regard to the passing of Bills shall apply.
124. Bills passed without amendment.— If the Bill is
passed without amendment a message shall be sent to the
Assembly to this effect.
49

125. Bills passed with amendment or rejected.— If a


Bill passed by the Assembly and transmitted to the Senate
is rejected or is not passed within ninety days of its laying
in the Senate or is passed with amendment it shall be
returned to the Assembly with a message to the effect.

BILLS PASSED BY SENATE AND AMENDED,


REJECTED OR NOT PASSED BY ASSEMBLY

126. Bills amended, rejected or not passed by


Assembly.— (1) If a Bill passed by the Senate and
transmitted to the Assembly is rejected or is not passed
within ninety days of its laying in the Assembly, or is
passed with amendment by the Assembly, the Secretary
shall immediately communicate the fact to the members and
also cause copies of the Bill to be supplied to them.

(2) At any time after the Bill passed by the Assembly


with amendment has been so circulated, any Minister, in the
case of a Government Bill, or, in any other case, any
member may, after giving two working days notice, move
that the Bill be taken into consideration.

(3) The Secretary shall forthwith cause the notice so


received to be circulated among the members.

(4) When the motion for consideration is moved, any


member may move as an amendment that the Bill be
referred to the Standing Committee and if the motion is
carried the Bill shall stand referred to the Standing
Committee. The provisions of rule 121 shall mutatis
mutandis apply:

Provided that the Standing Committee shall only


examine the amendment made by the Assembly.

(5) If a motion under sub-rule (2) is carried, the


provisions of these rules regarding passing of the Bills
shall, so far as may be, and with the necessary
modifications apply.

(6) After all the amendments made by the Assembly are


disposed of, the member-in-charge shall move that the Bill
be passed.

(7) If a Bill transmitted to the National Assembly is


rejected or not passed within ninety days of its laying in the
National Assembly, or is passed by the National Assembly
with amendment but not passed by the Senate with such
amendment, any Minister, in the case of a Government Bill,
or, in any other case, any member may, after giving two
days notice, move that the Bill be considered in a joint
sitting.
50

(8) When a Bill, as amended by the Assembly, is passed


by the Senate an authenticated copy thereof signed by the
Chairman shall be transmitted to the President by the
Secretary for assent under Article 75 of the Constitution.
(9) When a bill transmitted by the Assembly under
clause (1) of Article 70 is passed by the Senate without
amendment, a message shall be sent to the Assembly to this
effect.
127. Reference of Bill to the joint sitting.- When a
motion made under sub-rule (7) of rule 126 is carried, the
Chairman shall refer the Bill to a joint sitting or, if a joint
sitting is not in session, request the President to summon a
joint sitting for consideration of the Bill.

128. Authentication and submission of a Bill for


assent.— When a Bill transmitted by the Assembly is
passed by the Senate, without amendment, an authenticated
copy thereof signed by the Chairman shall be transmitted to
the President by the Secretary for assent under Article 75 of
the Constitution.

129. Bills assented to by the President.— When a Bill


is assented to by the President under Article 75 of the
Constitution, the Secretary shall immediately cause it to be
published in the Gazette as an Act of Majlis-e-Shoora
(Parliament).
130. Money Bill transmitted to the Senate under
Article 73.- When a copy of Money Bill, including
Finance Bill containing the Annual Budget Statement, is
transmitted to the Senate, it shall be laid on the Table by a
Minister;
(1) After a copy of the Money Bill, including the
Finance Bill containing the Annual Budget
Statement, has been laid on the Table, the Minister
shall move that the Senate may make
recommendations thereon to the National Assembly.
After the motion, the Senate shall commence its
debate on the Bill;
(2) Unless the Chairman otherwise directs, a member
may, within three days of the motion, give notice of
a proposal for making recommendations, together
with the statement of reasons for such proposal, in
writing to the Secretary:
Provided that a member shall not give notice
of a proposal for making recommendations to the
Annual Budget Statement which relates to the
expenditure charged upon the Federal Consolidated
Fund under clause (1) of Article 82 of the
Constitution;
(3) If such notice is admitted by the Chairman, the
Secretary shall cause a list of proposed
recommendations to be made available for the use
of every member;
51

(4) The provisions of rules 106, 107 and 108 shall,


mutatis mutandis, apply in respect of a notice of a
proposal for recommendations;
(5) The proposed recommendations so received shall
immediately be sent to the Standing Committee on
Finance which shall examine them and present its
recommendations to the House within a period of ten
days;
(6) When such a Bill is transmitted to the Senate, it may
within fourteen days make recommendations, if any,
thereon to the National Assembly;
(7) The Chairman may if he considers it necessary, or
on a motion moved by a Minister or member, allot
time for discussion on the Bill and for this purpose
the Chairman may suspend or vary the rules to the
extent necessary;
(8) A question relating to a proposed recommendation
shall be decided by a majority of the members
present and voting in the manner laid down in
rule 238;
*[(8A) In case the Senate is not in session and period of
fourteen days is due to expire, the recommendations
shall be submitted to the Chairman in his Chamber,
who may transmit the same to the National
Assembly, informing that the said recommendations
will be placed before the Senate when it will meet,
**[provided that on the commencement of a session,
as soon as may be but not later than seven days after
the commencement of the session, the
recommendations shall be placed on the Table];
and]
(9) No other business, except with the permission of the
Chairman, shall be transacted on a day when any
such Bill is discussed for making recommendations
thereon to the National Assembly.
CONSTITUTION AMENDMENT BILL
131. Constitution amendment Bill.— (1) In respect of
a Bill seeking to amend the Constitution, the provisions of
this rule shall apply in addition to ***[provisions of]
rules 118 to 125, 128 and 129 of this Chapter in so far as
they are not inconsistent with any provision of this rule or
Article 239 of the Constitution.
(2) Each clause or schedule, or clause or schedule as
amended, as the case may be, shall be put to the vote of the
Senate separately and shall form part of the Bill if it is
passed by the votes of not less than two-thirds of the total
membership of the Senate.

* Inserted by S.R.O.452(I)/2016, dated 26-05-2016.


** Inserted by S.R.O. ______________, dated _______.
*** Substituted by S.R.O.452(I)/2016, dated 26-05-2016.
52

(3) Amendments to clauses or schedules shall be


decided by a majority of members present and voting in the
same manner as in the case of any other Bill.

(4) If the motion in respect of such Bill is that the Bill


or as the case may be, the Bill as amended, be passed, then
the motion shall be deemed to have been carried if it is
passed by the votes of not less than two-thirds of the
total membership of the Senate.

(5) Voting shall be by division whenever a motion has


to be carried by the votes of not less than two-thirds of the
total membership of the Senate.

(6) If the result of the voting shows that not less than
two-thirds of the total membership of the Senate is in
favour of the motion, the Chairman shall, while announcing
the result, say that the motion is carried by the votes of not
less than two-thirds of the total membership of the Senate.

(7) If a Bill passed by the Assembly is passed by the


Senate, without amendment by the votes of not less than
two-thirds of the total membership of the Senate it shall,
subject to the provisions of sub-rule (9) be presented to the
President for assent under clause (2) of Article 239 of the
Constitution.
(8) If a Bill passed by the Senate and transmitted to the
Assembly is passed by the Assembly with amendment, it
shall be reconsidered by the Senate in the manner provided
in sub-rules (2) to (6) and, if the Bill as amended by the
Assembly is passed by the Senate by the votes of not less
than two-thirds of the total membership of the Senate it
shall, subject to the provisions of sub-rule (9) be presented
to the President for assent under clause (3) of Article 239 of
the Constitution.

(9) If a Bill to amend the Constitution which would


have the effect of altering the limits of a Province shall not
be presented to the President for assent unless it has been
passed by the Provincial Assembly of the Province by the
votes of not less than two-thirds of its total membership.

(10) When the Bill is assented to by the President, the


Chairman shall immediately cause it to be published in the
Gazette as an Act of Majlis-e-Shoora (Parliament).
53

*[CHAPTER XII-A

COMMUNICATIONS BETWEEN THE SENATE AND


NATIONAL ASSEMBLY

131A. Communications by messages.- (1)


Communications between the Senate and the National
Assembly shall be by message.

(2) Every message from the Senate to the National


Assembly shall be in writing and shall be signed by the
Secretary Senate and be addressed to the Secretary National
Assembly.

131B. Communication of messages to Members.- (1) If


any such message is sent or received by the Secretary
Senate when the Senate is in session, the Secretary shall
report the message to the Members, as soon as practicable,
after its receipt.

(2) If any such message is sent or received by the


Secretary Senate when the Senate is not in session, a copy
of the message shall, as soon as practicable, be forwarded
by the Secretary to the Members.

131C. Procedure to deal with the subject of messages.-


The subject matter of a message shall be dealt with by the
House according to these Rules.]

* Inserted by S.R.O.452(I)/2016, dated 26-05-2016.


54

CHAPTER XIII

RESOLUTIONS NOT MENTIONED


IN THE CONSTITUTION

132. Right to move resolution.— Subject to the


provisions of these rules, any member or a Minister may
move a resolution relating to a matter of general public
interest.

133. Notice of resolution.— (1) A private member who


wishes to move a resolution shall give seven days‟ notice
of his intention to do so and shall submit, together with the
notice, a copy of the resolution which he intends to move.

(2) A Minister who whishes to move a resolution shall


give three days‟ notice of his intention to do so and shall
submit, together with the notice, a copy of the resolution
which he intends to move:

Provided that the Chairman may allow moving the


resolution of an urgent matter of public importance on a
shorter notice.

134. Form and contents of the resolution.— (1) A


resolution may be in the form of a declaration of opinion, or
a recommendation, or convey a message, or commend, urge
or request an action, or call attention to a matter or situation
for consideration by the Government, or in such other form
as the Chairman may consider appropriate.

(2) It shall relate to a matter which is primarily the


concern of the Government or to a matter in which the
Government has substantial financial interest.

(3) It shall be clearly and precisely expressed and shall


raise substantially one definite issue.

(4) It shall not:

(a) Contain arguments, inferences, ironical


expressions or defamatory statements;

(b) be vague, trivial or vexatious in form or


content;
(c) refer to the conduct or character of a person
except in his official or public capacity;

(d) raise discussion which is detrimental to


public interest;

(e) contain reflection on the President or a Judge


of the Supreme Court or of a High Court; or
55
(f) raise discussion on a matter which in its
nature is secret or sensitive; and
(g) relate to any matter which is pending before
any court or other authority performing
judicial or quasi-judicial functions:
Provided that the Chairman may, in
his discretion, allow such matter being raised
in the Senate as is concerned with the
procedure or subject or stage of enquiry if he
is satisfied that it is not likely to prejudice
the consideration of the matter by such court
or authority and is not inconsistent with any
other rule.
135. Chairman to decide admissibility of resolution.—
The Chairman shall decide whether a resolution or a part
thereof is or is not admissible under these rules and may
disallow any resolution or a part thereof when in his
opinion it is an abuse of the right of moving a resolution or
is calculated to obstruct or prejudicially affect the procedure
of the Senate or is in contravention of any of these rules.
136. Moving of resolution or its withdrawal.— (1) A
member or a Minister in whose name a resolution stands in
the Orders of the Day may, if not withdrawn earlier, when
called upon, either: -
(i) move the resolution, in which case he shall
commence his speech by a formal motion in
the terms appearing in the Orders of the Day;
or
(ii) not move the resolution, but may make a
brief statement.
(2) In the absence of the mover, the resolution shall be
dropped and the member shall not repeat the notice raising
substantially the same issue within a period of six months
from the date the earlier resolution is dropped.
137. Amendment of a resolution.— (1) After a
resolution has been moved, any member may, subject to
these rules, move an amendment to the resolution.
(2) An amendment shall be within the scope of and
relevant to the subject matter of the resolution to which it is
proposed.
138. Notice of amendment.- (1) Ordinarily, the notice
of an amendment shall be given two working days before
the day on which the resolution is to be taken up for
consideration. If notice of an amendment has not been
given two *[working] days before the day on which it is
moved, any member may object to the moving of the
amendment, and thereupon the objection shall prevail,
unless the Chairman in his discretion allows the amendment
to be moved.

* Substituted by S.R.O.452(I)/2016, dated 26-05-2016.


56

(2) The Secretary shall, if time permits, cause a copy of


each amendment to be made available for the use of every
member.

139. Withdrawal of resolution or amendment after


having been moved.— A member or a Minister who has
moved a resolution, or an amendment to a resolution, shall
not withdraw the resolution or, as the case may be,
amendment, except by leave of the Senate.
140. Repetition of resolution.— (1) When a resolution
has been moved, no resolution or amendment raising
substantially the same question shall be moved within six
months from the date of the moving of the earlier
resolution.
(2) When a resolution has been withdrawn with the
leave of the Senate, no resolution raising substantially the
same question shall be moved within four months from the
date of the moving of the earlier resolution.
141. Time-limit for speeches.— Except with the
permission of the Chairman a speech on a resolution shall
not exceed ten minutes:
Provided that the mover of a resolution, when
moving the same, and the Minister concerned may each
speak for not more than fifteen minutes.

142. Scope of discussion.— The discussion on a


resolution shall be strictly limited to the subject matter of
the resolution:

Provided that there shall be no discussion on a


resolution which has not been opposed.
143. Copy to Division concerned.— (1) On the
conclusion of the discussion the Chairman shall put
resolution or as the case may be, the resolution as amended,
to the vote of the House and if passed by the House a copy
thereof shall be forwarded to the Division concerned.
(2) The Division concerned shall report to the Senate
Secretariat about the action taken on the resolution within a
period of two months from the date of communication.
(3) A report received from the Division concerned shall
be circulated amongst the members.
57

CHAPTER XIV

RESOLUTIONS MENTIONED IN THE


CONSTITUTION
144. Resolution for the removal of the President.— (1)
A notice of a resolution under clause (2) of Article 47 of the
Constitution shall be given to the Chairman by not less
than one half of the total membership of the Senate.

(2) Such notice shall set out the particulars of incapacity


or of the charge upon which the notice is founded and shall
not contain any statement or reflection not relevant to the
specific charge.

(3) On receiving such notice, the Chairman shall


transmit it forthwith to the Speaker of the Assembly.

145. Resolutions for the disapproval or extension of


Ordinances.— (1) On the commencement of a session, as
soon as may be but not later than ten days after the
commencement of the session, all Ordinances referred to in
sub-paragraph (ii) of paragraph (a) of clause (2) of
Article 89 of the Constitution, made after prorogation of the
last session, shall be laid on the Table.

(2) A member may move a resolution for disapproval of


an Ordinance or a member or a Minister may move a
resolution for extension of an Ordinance under
sub-paragraph (ii) of paragraph (a) of clause (2) of
Article 89 of the Constitution after giving three working
days‟ notice of his intention to do so.

(3) Where two or more notices under sub-rule (2) are


given in respect of the same Ordinance, the resolutions shall
be taken up in the order in which the notices have been
received.
(4) If a resolution disapproving or, as the case may be,
extension of an Ordinance is passed, all other resolutions
relating to that Ordinance shall lapse.

(5) When a resolution is passed, the Secretary shall


immediately cause it to be published in the Gazette and also
transmit a copy thereof to the President and Ministry of
Law and Justice.

146. Resolution for the approval of a Proclamation.—


(1) A member or a Minister may move a resolution, for the
approval of a Proclamation, under clause(8) of Article 232
or clause (4) of Article 234 or clause (4) of Article 235 of
the Constitution after giving three working days‟ notice of
his intention to do so.

(2) Where more than one notice under sub-rule (1) are
given in respect of the same Proclamation, the resolutions
shall be taken up in the order in which their notices have
been received.
58

(3) If a resolution approving a Proclamation is passed,


all other resolutions relating to that Proclamation shall
lapse.

147. Withdrawal of resolution after having been


moved.— A member who has moved a resolution shall not
withdraw the resolution except by leave of the House.

148. Amendment.— No amendment shall be moved to


any resolution under this Chapter.

149. Certain Provisions of Chapter XIII to apply.—


The provisions of rule 136, 140, 141, 142 and 143 shall
mutatis mutandis apply to the resolutions under this
Chapter.
59

CHAPTER XV

RESOLUTIONS PASSED BY THE PROVINCIAL


ASSEMBLIES

150. Treatment of resolutions.— (1) Resolutions


passed by one or more Provincial Assemblies under
Article 144 of the Constitution, shall, on receipt be laid on
the Table and if the Senate is not in session at that time,
shall be circulated to the members for information. A
copy of each such resolution shall also be forwarded to the
Ministry of Law and Justice and the Ministry concerned.

(2) A resolution passed by a Provincial Assembly


drawing attention of the Senate to any matter shall be
brought to the notice of the members, on its receipt.

(3) The Senate may, by resolution, express its opinion


or make any observation or recommendation on the
resolution received from any Provincial Assembly.
60

CHAPTER XVI

REPORTS TO BE LAID BEFORE AND DISCUSSED


BY THE SENATE

151. Report on observance of Principles of Policy.-


The report in respect of each year on the observance and
implementation of the Principles of Policy in relation to the
affairs of the Federation shall, when received from the
President, be laid on the Table by a Minister in terms of
clause (3) of Article 29 of the Constitution.

152. Report of the Council of Common Interests.- The


annual report of the Council of Common Interests, when
received, shall be laid on the Table by a Minister in terms
of clause (4) of Article 153 of the Constitution.

153. Report of the National Economic Council.- The


annual report of the National Economic Council, when
received, shall be laid on the Table by a Minister in terms
of clause (5) of Article 156 of the Constitution.

154. Recommendations of the National Finance


Commission.— The recommendations of the National
Finance Commission, together with an explanatory
memorandum as to the action taken thereon, when received,
shall be laid on the Table by a Minister in terms of
clause (5) of Article 160 of the Constitution.

155. Report of the Auditor General.- The annual report


of the Auditor General relating to the accounts of the
Federation, when received from the President, shall be laid
on the Table by a Minister under Article 171 of the
Constitution.

156. Report of the Council of Islamic Ideology.— Each


annual interim report and the final report submitted by the
Council of Islamic Ideology, under clause (4) of Article 230
of the Constitution, shall be forwarded by Government,
within six months of its receipt, to the Secretary which shall
be laid on the Table by a Minister.

157. Discussion on the reports.- (1) After a report under


rule 151 or any other statute has been laid on the Table, the
Chairman shall fix a day for its discussion.

(2) On the day fixed under sub-rule (1), the Minister


concerned shall move that the report be discussed by the
Senate and may make a brief statement explaining the
salient features of the report.

(3) The Senate may, by resolution, express its opinion


or make any observation or recommendation on the report.
61

CHAPTER XVII

COMMITTEES OF THE SENATE

STANDING COMMITTEES, SPECIAL


COMMITTEES AND GENERAL PROVISIONS
REGARDING STANDING COMMITTEES

158. Standing Committees of the Senate.— (1) There


shall be a Standing Committee of the Senate for each
Ministry of the Government and shall include following
Functional and other Committees:—

(i) Committee on Government Assurances;

(ii) Committee on Problems of Less Developed


Areas;

*[(ii-a) Committee on Human Rights;]

(iii) Committee on Rules of Procedure and


Privileges;

**[(iii-a) Committee on Devolution;]


(iv) House Committee;
(v) Library Committee;
(vi) Business Advisory Committee; and
***[(vii) Committee on Delegated Legislation:]

Provided that the Chairman may in consultation


with the Minister for Parliamentary Affairs direct that two
or more Ministries may be combined for the purposes of a
Standing Committee ****[, or that more than one Standing
Committee be constituted for a Ministry having more than
one Division where Divisions are headed by separate
Ministers].

Explanation.— For the purpose of this Chapter, the


Cabinet Secretariat and the Prime Minister‟s Secretariat
shall be deemed to be a Ministry.

* Inserted by S.R.O. 1063 (1)/2013, dated 20-12-2013.


** Inserted by S.R.O. 801(1)/2015, dated 13-08-2015.
*** Inserted by S.R.O. 1323, dated 31-12-2015.
**** Inserted by S.R.O.517(I)/2018, dated 23-04-2018.
62

(2) Each Committee shall deal with the subject assigned


to the Ministry with which it is concerned or any other
relevant matter referred to it by the Senate:

Provided that the Chairman of the Committee may


call or summon any Government functionary or other than
the concerned Minister with the prior approval of the
Chairman Senate:

Provided further that any subject not so assigned or


the subjects assigned to any Ministry for which a Standing
Committee has not been constituted shall be dealt with by
the Standing Committee dealing with Ministry of
Parliamentary Affairs.

(3) In case there is any change in the composition of


Ministries or their nomenclature, the Chairman shall, in
consultation with Minister for Parliamentary Affairs and the
Minister concerned, issue suitable directions in regard to
the reallocation of the existing Standing Committees or, as
the case may be, the modification in their nomenclature and
election of the new Standing Committees.
(4) The Chairman shall also be authorized to determine
the Committees to which the sitting Chairman shall be
allocated and Committees for which fresh elections are to
be held.

FUNCTIONAL COMMITTEE ON
GOVERNMENT ASSURANCES

159. Functions of the Committee.- The functions of the


Committee on Government Assurances shall be the
following or such others as may be assigned to it from time
to time,-

to take note of the assurances, promises,


commitments, and undertakings of the Government
given by its Ministers from time to time on the
floor of the House and to regularly report on:-
(a) the extent to which such assurances and
promises have been implemented; and
(b) where implemented, whether the
implementation has taken place in a timely
and effective manner.

FUNCTIONAL COMMITTEE ON
PROBLEMS OF LESS DEVELOPED AREAS
160. Functions of the Committee.- The functions of the
Committee on problems of less-developed areas shall be to
perform the following or such other functions as may be
assigned to it from time to time,-
63

promote a balanced development in different areas


of the country and to pay special attention to the
problems of less-developed areas, it shall:-

(a) review plans and special programmes for


less-developed areas as approved by the
Government from time to time;

(b) receive representations from affected


persons and areas concerning the
development of those areas within the
framework of budgetary provisions already
made in that behalf;

(c) identify problems, bottlenecks and


difficulties in the implementation of the
programmes and policies for less-developed
areas as approved and enunciated by the
Government from time to time; and

(d) make recommendations subject to


availability of resources, for resolving these
problems and for the speedier development
of those areas in order to achieve more
balanced and equitable utilization of
resources in the country for greater socio-
economic justice.
*[FUNCTIONAL] COMMITTEE ON HUMAN RIGHTS

161. Functions.— **[The functions of the Committee


on Human Rights] shall be the following or such others as
may be assigned to it from time to time.

The Committee shall:—

* Added by S.R.O. 1063(1)/2013, dated 20-12-2013.


** Substituted by S.R.O.1063 (1)/2013, dated 20-12-2013.
64

(a) review on a continuous basis the over-all


position of human rights violations in the
country;

(b) receive representations from the affected


persons, organizations and international
agencies, including the Human Rights
Commission, regarding human rights
violations in the country;

(c) ascertain if any violation of human rights


has taken place and also identify the problem
areas; and

(d) undertake studies and make


recommendations for redressing the human
rights violations including proposal for
legislation in that area.
65

COMMITTEE ON RULES OF PROCEDURE AND


PRIVILEGES
162. Functions of the Committee on Rules of
Procedure and Privileges.-The Committee—

(a) shall consider matters of procedure and


conduct of business in the Senate and
recommend such amendments to these
rules as may be deemed necessary;

(b) shall examine every question of privilege


referred to it by the Senate or the Chairman
and determine with reference to the facts of
each case whether a breach of privilege is
involved and, if so, the nature of the breach
and the circumstances leading to it; and
make such recommendations as it may deem
fit; and
(c) may suggest the procedure to be followed
by the Senate to give effect to its
recommendations.
*[FUNCTIONAL COMMITTEE ON DEVOLUTION

162A. Functions.— The functions of the Committee on


Devolution shall be the following or such others as may be
assigned to it from time to time. The Committee shall:-
(a) Review, on a continuous basis, implementation
of devolution scheme as envisaged in the
Constitution **[*****];
(b) Identify and make remedial recommendations
where the Constitution (Eighteenth Amendment)
Act, 2010 has been deviated from, circumvented
or not implemented;
(c) identify and make recommendations to such
aspects of the implementation plan/ process
which due to administrative or lack of law or for
any other reasons is facing or likely to face
difficulty in its implementation; and
(d) on regular basis, seek the views of the Federal
Government, Provincial Governments and or any
division, department, autonomous or semi-
autonomous body/ bodies related with or
pertaining to the process of implementation of
the Constitution (Eighteenth Amendment) Act,
2010 to evaluate and oversee the implementation
status of the Constitution (Eighteenth
Amendment) Act, 2010.]
_________________________________________________________
* Added by S.R.O. 801(1)/2015, dated 13-08-2015.
* Omitted by S.R.O. _________, dated _________.
66

*[162B. Composition of Functional Committee on


Devolution.- (1) The composition of the Functional
Committee on Devolution shall be such as may be
determined by the House, from time to time.

(2) The provisions of rules 173 (1) and 183 (1) shall not
be applicable to the Functional Committee on Devolution.]
163. Provisions relating to Standing Committees to
apply to functional Committees.- All other matters
including the composition and election to these
Committees shall be regulated mutatis mutandis by rules
relating to Standing Committee appearing hereafter.
164. Reference to Standing Committees.—Except as
otherwise provided in these rules, the Senate may, on a
motion made by a Minister or member, remit to the
Standing Committee any subject or matter with which it is
concerned and the Standing Committee shall study such
subject or matter with a view to suggesting legislation or
making recommendations to the Senate.

165. Composition of Standing Committees.— (1) Each


Standing Committee shall consist of not less than **[ten]
members and not more than ***[fourteen] members to be
elected by the Senate. The Minister or Adviser concerned
shall be an ex-officio member of the Committee:
Provided that the Minister shall not be entitled to
vote as an ex-officio member unless, he is a member of the
****[Committee]:

Provided further that, in case of Ministry which is


in the charge of the Prime Minister or for which no Minister
has been appointed, the concerned Minister of State or an
Adviser, if any, shall be its ex-officio member and, where
there is no Minister of State or an Adviser also, the Minister
or Minister of State or an Adviser to whom the subject or
matter referred to the Committee is assigned shall act as its
ex-officio member and in the absence of such assignment,
the Minister for Parliamentary Affairs shall act as ex-officio
member of the Committee.

* Added by S.R.O. 796(1)/2015, dated 13-08-2015.

** The word “twelve” substituted by the word “nine” vide


S.R.O. 158 (1)/2013 dated 1st March, 2013 and then the word “nine”
substituted by the word “twelve” vide S.R.O 177 (1)/2013
dated 6th March, 2013 and the word “twelve” substituted by the word
“ten” vide S.R.O 387 (I)/2016 dated 3rd May, 2016.

*** The word “fifteen” substituted by the word “twelve” vide


S.R.O. 158 (1)/2013 dated 1st March, 2013 and then the word
“twelve” substituted by the word “fourteen” vide S.R.O 177 (1)/2013
dated 6th March, 2013.
**** Substituted by S.R.O.452(I)/2016, dated 26-05-2016.
67

(2) The member-in-charge other than a Minister, or


member on whose motion any subject or matter was
referred to the Committee may attend the meetings of the
Committee, but shall not vote, unless he is a member of that
Committee.

(3) The Secretary of the Ministry or Division concerned


and head of the relevant department shall attend the
Committee meetings as and when required to do so.

166. Functions of Standing Committees.— (1) A


Standing Committee shall examine a Bill, subject or matter
referred to it by the Senate or the Chairman and shall
submit its report to the Senate or to the Chairman, as the
case may be, with such recommendations including
suggestions for legislation, if any, as it may deem
necessary. In the case of a Bill, the Committee shall also
examine whether the Bill violates, disregards or is
otherwise not in accordance with the provisions of the
Constitution.

(2) The Committee may propose amendments which


will be shown in its report along-with original provisions of
the Bill, but the Committee shall have no power of
preventing the Bill from coming to the Senate.

(3) If a Committee does not present its report within the


period prescribed, or the time allowed, the Bill, subject or
matter referred to it may be considered by the Senate,
without waiting for the report, upon a motion by any
member or by the Minister concerned and such Bill, subject
or matter shall be treated as withdrawn from the
Committee.

(4) A Committee may examine suo moto the


*[budgetary allocation and its utilization,] administration,
delegated legislation, public petitions and policies of the
Ministry concerned and its attached corporations and public
bodies and may call for views of the Ministry. After
examining the views of the Ministry, the Committee shall
make a report to the Senate, which may make such
recommendations thereon as it may deem fit:

**[Provided that the Committee shall bi-annually


examine the budgetary allocation and its utilization by the
Ministry concerned and present a report in this regard
before the House within forty-five days.]

______________________________________________
* Substituted by S.R.O. 801(1)/2015, dated 13-08-2015.
** Added by S.R.O. 801(1)/2015, dated 13-08-2015.
68

(5) Public petitions may be presented on any matter


connected with the business pending before the House or a
Committee, or any matter of general public interest which is
primarily the concern of the Government, provided that it is
not one which falls within the cognizance of a court of law
or tribunal, and it shall not directly relate to a matter
pending before any court or other authority performing
judicial or quasi-judicial functions.

*[(6) All nominations of members to various Policy and


Administrative Boards, Councils, etc. made by the
Chairman shall be ratified by the concerned Committees
within a period of thirty days of reference of nomination to
the Committee, failing which the nomination shall be
deemed to have been ratified:

Provided that the Committee, for reasons to be


recorded, may not ratify the nomination upon which the
Chairman Senate shall nominate another Member which
shall be ratified by the Committee within a period of fifteen
days, failing which the nomination shall be deemed to have
been ratified.]

**[(7) Each Standing Committee shall scrutinize the Public


Sector Development Program (PSDP) proposed by the
Ministry concerned for the next financial year and suggest
amendments, if necessary, and make recommendations
thereon before the same is sent to the Ministry of Finance
for inclusion in the Federal Budget for the next financial
year. Each Ministry shall submit its budgetary proposals
relating to the Public Sector Development Program (PSDP)
for the next financial year to the relevant Standing
Committee not later than the 31st January of preceding
financial year and the Standing Committee shall make its
recommendations thereon, if any, not later than the 1st
March of preceding financial year, failing which the
proposals of the Ministry shall be deemed to have been
endorsed by the Standing Committee.]

______________________________________________
* Added by S.R.O. 801(1)/2015, dated 13-08-2015.
** Inserted by S.R.O. 795 (1)/2017, dated 12-08-2017.
69
HOUSE COMMITTEE
167. Composition.— (1) There shall be a House
Committee consisting of not more than *[eight] members
who shall be elected by the Senate.
(2) The Deputy Chairman shall be ex-officio Chairman
of the Committee and the Minister concerned shall be ex-
officio member of the Committee.
168. Functions.- The functions of the Committee shall
be—
(i) to deal with matters relating to the issue of
admission cards for galleries, other than
the President‟s Box and the Chairman‟s
Box and such questions relating to
residential accommodation for members as
may be referred to it by the Chairman from
time to time;
(ii) to exercise supervision over facilities
pertaining to accommodation, catering and
other amenities provided to the members in
the Parliament Lodges and Government
hostels; and
(iii) to deal with the matters relating to the
residential accommodation for the staff of
the Senate Secretariat.
LIBRARY COMMITTEE
169. Composition.— There shall be a Library
Committee, to be nominated by the Chairman, consisting
of **[six] members, including its Chairman.
170. Functions.— The functions of the Committee shall
be:
(i) to develop the Library, its reading room,
Automation, Research Centre and
Reference Service with a view to helping
members of Majilis-e-Shoora (Parliament) in
the discharge of their duties;
(ii) to invite suggestions and advise on the
selection of books, periodicals and
newspapers;
(iii) to advise on reciprocal arrangements for
exchange of debates and other publications
of the Senate, with friendly countries;
(iv) to consider suggestions for improvement of
the Library and help in its future expansion;
(v) to assist and encourage the members of
Majilis-e-Shoora (Parliament) in fully
utilizing the services provided by the
Library; and
(vi)
to consider matters incidental and ancillary
to the above functions.
———————————————————————
* Substituted vide S.R.O. ________________ dated ________ .
** Substituted vide S.R.O. 309(I)/2014 dated 16-04-2014.
70

BUSINESS ADVISORY COMMITTEE

171. Composition.— (1) The Business Advisory


Committee shall be headed by the Chairman Senate and
consist of such other members as may be nominated by
him, from time to time, in consultation with Leader of the
House and Leader of the Opposition.

(2) While making nomination under sub-rule (1), the


members belonging to various parliamentary parties, groups
and independent members including members from FATA
shall, as far as possible, be given representation in the
Committee.

172. Functions.— (1) It shall be the function of the


Committee to recommend the time that should be allocated
for the discussion of various Government legislative and
other business, including private members‟ business likely
to be transacted during the ensuing session.

(2) The Committee shall have the power to indicate the


different hours at which the various stages of a Bill or other
business shall be completed.

*[(3) The Committee shall also act as „Committee on


Ethics‟ and review the Code of Conduct, from time to time
and ensure that the Code is implemented.

(4) The Committee on Ethics shall provide for its rules


of procedure.]

**[(5) The Committee shall have such other functions as


may be assigned to it by the Chairman, from time to time.]

***[COMMITTEE OF THE WHOLE HOUSE


172A. Constituting the Committee.- The House may
constitute itself into a Committee of the Whole on a motion
by the Leader of the House or Leader of the Opposition, as
the case may be. When the House constitutes itself into a
Committee of the Whole, it functions as one Committee
acting upon any matter(s) referred by the House and
conducts its proceedings like a regular Committee with its
membership composed of all the members of the House:

Provided that if a motion to constitute the House


into a Committee of the Whole is not passed, a similar
motion shall not be presented within the same session.]

* Inserted by S.R.O. 1131(I)/2016, dated 02-12-2016.


** Re-number by S.R.O. 1131(I)/2016, dated 02-12-2016.
*** Added by S.R.O. 329 (1)/2015, dated 17-04-2015.
71

*[172B. Proceedings.- (1) The Chairman or any member


nominated by the Chairman shall preside over the
Committee.

(2) The Committee shall conduct business only when


there is a quorum. If there is no quorum, the Chairman or
the person nominated by the Chairman to preside shall
immediately suspend its proceedings.

(3) In addition to his vote as a member, the Chairman or


the person nominated by the Chairman to preside shall, in
the event of equality of votes, have a casting vote.

(4) Documents and papers in possession of the House or


the Senate Secretariat may be called for by any member and
read by the Secretary Senate for the information of the
Committee unless the Committee orders otherwise.
Resource persons and/or technical assistants may be invited
to attend the proceedings, and upon permission of the
Chairman, may directly answer questions asked and
inquiries made by the members.

(5) When a Committee of the whole has concluded


consideration of a matter referred to it, the Leader of the
House or the Leader of the Opposition, as the case may be,
shall make a report to the House. Matters reported shall be
presented before the House for action as though reported by
any other Committee.

(6) The Committee shall have power to require the


attendance of any person or summon production of papers,
record from any Ministry, Division, department,
autonomous body, semiautonomous body or organization,
or examine such persons on oath or solemn affirmation, or
invite or summon any person to give evidence in relation to
any matter under its consideration.]

**[172C. Committee on Delegated Legislation.- There


shall be a Committee on delegated legislation to scrutinize
and report to the Senate of Pakistan that whether the powers
to make rules, regulations, bye-laws, schemes or other
statutory instruments conferred by the Constitution or
delegated by the Parliament have been timely and properly
exercised within such conferment or delegation, as the case
may be.
________________________________________________
* Added by S.R.O. 329 (1)/2015, dated 17-04-2015.
** Added by S.R.O. 1323, dated 31-12-2015.
72

172D. Functions.- The functions of the Committee on


Delegated Legislation shall be the following or such
other as may be assigned to it from time to time:-
(i) The Committee shall propose legislation
and formulate policy for laying of each
rule, regulation, bye-law, scheme or
other statutory instrument (hereinafter
referred to as the „Rules‟) framed in
pursuance of the Constitution or the
legislative functions delegated by the
Parliament to a subordinate authority.
(ii) When the rules are so laid the
Committee shall, in particular consider:-
(a) Whether the Rules are in
accordance with the provisions of
the Constitution or the Act of
Parliament pursuant to which
these are made;
(b) Whether the Rules contain matter
which in the opinion of the
Committee should more properly
be dealt with in an Act of
Parliament;
(c) Whether the Rules contain
imposition of taxation;
(d) Whether the Rules directly or
indirectly bar the jurisdiction of
the Court;
(e) Whether the Rules give
retrospective effect to any of the
provisions in respect of which
the Constitution or the Act does
not expressly give any such
power;
(f) Whether the Rules appear to
make some unusual or
unexpected use of the power
conferred by the Constitution or
the Act pursuant to which these
are made;
(g) Whether there appears to have
been unjustifiable delay in
publication or laying the Rules;
and
(h) Whether for any reason, the form or
purport of the Rules require any
elucidation.
73

172E. Report.- (1) If the Committee is of the opinion that


any Rules should be annulled wholly or partially, or should
be amended in any respect, it shall report that opinion and
the grounds thereof to the House.

(2) If the Committee is of the opinion that any other


matter relating to any Rules should be brought to the notice
of the Senate, it may report that opinion and matter to the
House.

(3) The Committee shall present a quarterly report


before the House.]

*[PUBLIC ACCOUNTS COMMITTEE

172F. Composition.- The Senate shall elect six members


for the Committee on Public Accounts in the National
Assembly, one from each Province, Islamabad Capital
Territory and the Federally Administered Tribal Areas, out
of which three shall be from the Treasury benches and three
from the Opposition benches.]

GENERAL PROVISIONS REGARDING STANDING /


FUNCTIONAL COMMITTEES
173. Membership of a Committee.— (1) A member
shall not be a member of more than **[five] Standing /
Functional Committees at the same time.
(2) The term of office of the members of a Standing or
Functional Committee including its Chairman shall expire
on the expiry of term of half of the members of the Senate
in terms of clause (3) of Article 59 of the Constitution.
174. Time of election of Standing and Functional
Committees.— The Senate shall elect the members of the
Standing and Functional Committees within two months
after the election of Chairman and Deputy Chairman.
175. Election of Chairman of a Committee.— (1) The
Chairman of each Committee shall be elected by the
Committee from amongst its members within thirty days
after the election of the Committee or filling of the casual
vacancies, as the case may be:
Provided that a Minister, Minister of State or an
Adviser shall not be elected as Chairman of a Standing or
Functional Committee:
Provided further that if the Chairman of a
Committee is appointed as Minister, Minister of State or as
an Adviser, he shall cease to be a Chairman, but may
continue to function as a member of that Committee.
———————————————————————
* Added by S.R.O. 688(I)/2016 , dated 02-08-2016.
** Amended by S.R.O. 41(I)/2016, dated 23-01-2016.
74
(2) The Chairmanship of Committees shall be allocated
by the Chairman in accordance with proportional strength
of political parties and independent groups in the House.
(3) If the Chairman of a Committee is not present at any
sitting, the Committee shall choose one of its members
present to act as Chairman for that sitting.
176. Quorum of a meeting.— The quorum to constitute
a sitting of a Committee shall be one fourth of the total
membership of the Committee.
177. Resignation of members from the Committee.—
A member may resign his membership of a Committee by
writing under his hand addressed to the Chairman.
178. Casual vacancies.— (1) Casual vacancies in a
Committee shall be filled, as soon as possible, after such
vacancies occur, by election.
(2) Subject to the requirement of quorum, a Committee
shall have power to act notwithstanding any vacancy in its
membership.
*[Explanation.—For the purpose of this rule, a
vacancy occurring on the retirement of a member under
clause (3) of Article 59 of the Constitution shall be deemed
to be a casual vacancy].
179. Adjournment, etc., of Committee.- (1) If, at the
time fixed for any sitting of a Committee or at any time
during any such sitting, less than one fourth of the total
membership of the Committee is present, the Chairman of
the Committee shall either suspend the sitting until at least
one fourth of the total membership of the Committee is
present or adjourn the sitting to some future day.
(2) Where the sitting of a Committee is adjourned on
two successive days, the Chairman of the Committee shall
report the fact to the Chairman.
180. Discharge of members absent from sitting of
Committee.- If a member is absent from three or more
consecutive sittings of a Committee without the permission
of its Chairman, such member shall cease to be the member
of the Committee and he shall be informed accordingly by
the Chairman.
181. Voting in Committee.— All questions at a sitting
of a Committee shall be determined by a majority of the
members present and voting.
182. Casting vote of Chairman.— **[*****] The
Chairman of a Committee or the person presiding in his
absence shall, in the event of the equality of votes, have a
casting vote.
***[Provided that the Chairman of a Committee or
the Member presiding in his absence shall not cast his vote
in the event of the equality of votes in case he is a mover of
a matter under consideration of the Committee.]
183. Power to appoint Sub-Committees.— (1) A
Committee may appoint not more than one sub-committee
consisting of three members, having the powers of the
whole Committee to examine any matter that may be
referred to it:
Provided that the Chairman of the concerned
Committee shall not be Convener of the sub-committee.
————————————————————————
* Added vide S.R.O. 309(I)/2014 dated 16-04-2014.
** Omitted by S.R.O. 801(1)/2015, dated 13-08-2015.
*** Added by S.R.O. 35(I)/2017, dated 23-01-2017.
75
(2) The order of reference to a sub-committee
shall clearly state the point or points for investigation. The
report of the sub-committee shall be presented not later than
two months from the date of reference to the whole
Committee and, when approved by the whole Committee,
be deemed to be the report of that Committee:
Provided that the sub-committee shall stand
dissolved at the expiry of two months irrespective of
presentation of the report.
184. Sittings of Committees.— *[(1) A sitting of
Committee shall be held at such day and time as the
Chairman of the Committee may fix **[but a Committee
may not sit without the leave of the Chairman at a time
when the Senate is sitting]:
Provided that,-
(i) The Secretary to the Committee shall
communicate the date and time to the
Secretary of the concerned
Ministry/Division;
(ii) The Secretary of the concerned
Ministry/Division, shall within three days of
the receipt of the intimation, convey his
confirmation or suggest an alternate date and
time which shall not vary the original date
and time for more than one week; and
(iii) If the concerned Secretary fails to respond in
terms of paragraph (ii), the date and time
given originally shall be deemed to be the
date and time of the meeting:
Provided further that the meeting of a
Committee for election of its Chairman shall be
fixed by the Chairman Senate.]
(2) The sittings of a Committee shall be held within the
precincts of the Senate:
Provided that the Chairman of the Committee shall
seek approval of Chairman Senate for holding a meeting
outside precincts of the Senate, for justifiable reasons, as an
exception to this sub-rule.
(3) If a Committee is sitting while the Senate is also
sitting, the Chairman of the Committee shall, if a division
is being called in the Senate, suspend the proceedings of the
Committee for such time as will, in his opinion, enable the
members to vote in the division.
(4) Subject to sub-rule (1), on a requisition signed by
not less than one-fourth of the total membership of the
Committee, the Chairman of the Committee shall call a
meeting of the Committee within fourteen days from the
date of receipt of the requisition:
Provided that where the Chairman of the Committee
fails to call such meeting, the Secretary shall call the
meeting on a date within three weeks of receipt of the
requisition.
* Substituted by S.R.O. 46(I)/2016, dated 27-01-2016.
** Inserted by S.R.O. 197(I)/2016, dated 10-03-2016.
76

185. Conflict of interest.— A Chairman or a member of


the Committee who has any personal or pecuniary interest
in a matter under consideration of a Committee shall not sit
in such meetings of the Committee.

186. Meetings in camera.— The sittings of a Committee


may be held in camera if so determined by the Committee.

187. Power to take evidence or call for papers,


records or documents.— (1) A Committee shall have
power to require the attendance of any person or the
production of papers or records, or examine such persons
on oath or solemn affirmation, if such course is considered
necessary for the performance of its functions:

Provided that the Government may, if it is of the


opinion that the production of a document and its disclosure
would be against the public interest, prejudicial to defence,
security or external relations of Pakistan, refer the case to
the Chairman of the Senate who after seeing the document
shall determine whether or not document shall be produced
before the Committee.

(2) Subject to the provisions of this rule, a person may


be summoned as witness by an order signed by the
Secretary who shall appear before the Committee to give
evidence and produce such documents for the use of the
Committee.
*[(3) A Committee may hold Public Hearing for seeking
input from the public at large or any relevant stakeholder
and may also invite or summon any person or member
having special knowledge to give an expert opinion or give
evidence in relation to any matter under its consideration.]
(4) Subject to clause (3) of Article 66 of the
Constitution, a Committee shall have powers of a civil court
under the Code of Civil Procedure, 1908 (Act V of 1908)
for enforcing the attendance of any person and compelling
the production of documents.

188. Examination of witnesses.— The examination of


witness before a Committee shall be conducted as follows:

(i) The Committee shall, before a witness is


called for examination, decide the mode of
procedure and the nature of questions that
may be asked of the witness;

(ii) The Chairman of the Committee may first


ask the witness such question or questions as
he may consider necessary with reference to
the subject matter under consideration
according to the mode of procedure
mentioned in paragraph (i) of this rule;
________________________________________________________________
* Substituted by S.R.O. 921(I)/2016, dated 29-09-2016.
77

(iii) The Chairman may call any other member of


the Committee to ask questions which are
not covered by answers to earlier questions;

(iv) A witness may place before Committee any


other relevant point or document which he
thinks essential; and

(v) A verbatim record of proceedings of the


Committee shall, when a witness is
summoned to give evidence, be kept.

189. Evidence or information to be kept confidential


or secret.— Any evidence produced or information
tendered before a Committee shall be treated as confidential
or secret, unless the Committee, in the public interest,
decides otherwise.

190. Request for views of Ministries or Divisions on


private members’ Bills.— In case of a private member‟s
Bill, the Secretary shall transmit a copy thereof to the
Ministry or Division concerned with the request to furnish
its views on the Bill within a period not exceeding thirty
days for consideration by the Committee.

191. Record of the proceedings of Committees.— (1)


A summary of the record of the proceedings of each
Committee shall be maintained by the Secretary.

(2) A copy of minutes of the meetings shall be provided


to each member of the Committee on demand.

192. Restriction on publication, etc., of proceedings.—


(1) A Committee may direct that the whole or any part of its
proceedings or a summary thereof may be laid on the
Table.

(2) The report of a Committee which has not been


presented to the Senate or the proceedings of a Committee
or any part or summary thereof which has not been laid on
the Table shall be treated as confidential and shall not be
open to inspection except with the permission of the
Committee or the Chairman.

(3) The Chairman may direct that any part of the


proceedings may be communicated to the members
confidentially before it is laid on the Table.

(4) A Committee may, with the permission of the


Chairman, make available to the Government its report or a
part thereof before presentation to the Senate and such
report or part shall be treated as confidential by
Government until presented to the Senate.
78

193. Special reports.— A Committee may, if it thinks


fit, make a special report on any matter that arises or comes
to light in the course of its work which it may consider
necessary to bring to the notice of the Chairman or the
Senate.

194. Reports of Committees.— *[(1) Where the


Senate has not fixed any time for the presentation of a
report, the report of a Committee shall be presented within
sixty days from the date on which reference was made to it
by the Senate:

Provided that the House may, on a motion for


extension of time, moved before the expiry of time fixed by
the Senate or within sixty days, allow that the time for
presentation of the report be extended to a date specified in
the motion:

Provided further that if the House is not in session


or is not likely to re-assemble till after the expiry of the
date fixed for the presentation of the report, the Chairman
in his Chamber may grant the required extension of time on
behalf of the House and the House shall be informed of
such extension of time as soon as it re-assembles.

Explanation.- For the purposes of motion for


extension of time, it shall be the responsibility of the
Secretary Committee to initiate the process well before
time.]

(2) Reports may be either preliminary or final.

(3) The report shall—

(a) incorporate the views, if any, of the Minister


concerned;

(b) set-forth the recommendations of the


Committee together with the minutes of
dissent, if any; and

(c) be signed by the Chairman on behalf of the


Committee or, if the Chairman is absent or
not readily available, by another member
appointed by the Committee.

________________________________________________________________
* Substituted by S.R.O. 329 (1)/2015, dated 17-04-2015.
79

(4) The Secretary shall cause a copy of every report of a


Committee, together with the minutes of dissent, if any, to
be made available for the use of every member of the
Senate. The report shall, if it relates to a Bill, be published
in the Gazette together with the views of the minority, if
any.

195. Presentation of report.— The report of a


Committee required to be presented to the Senate shall be
presented by the Chairman or, in his absence, by any other
member of the Committee.

196. Discussion on the reports.— (1) Save as otherwise


provided by these rules, after a report has been presented to
the Senate on a matter other than a Bill, the Chairman or
any member of the Committee may move that the report be
considered and adopted.

(2) After the motion made under sub-rule (1) is carried,


the Chairman may allot time as may be deemed necessary
for discussion and adoption of the report.

(3) After the motion is carried the decisions of the


House shall be communicated to the Ministry concerned for
implementation. In case the Ministry is unable to
implement decisions of the House it shall inform the House
within two months of the reasons thereof, and if the
Ministry fails to do so the decisions of the House shall be
binding.

197. Printing, publication or circulation of report


before its presentation to Senate.— The Chairman may,
on a request being made to him when the Senate is not in
session, order the printing, publication or circulation of a
report of a Committee, although it has not been presented
to the Senate. In that case the report shall be presented to
the Senate during its next session at the first convenient
opportunity.

198. Agenda and notice of meetings of Committee.- (1)


The time table of business of a Committee and the agenda
for each meeting of the Committee shall be determined by
the Chairman of the Committee.*[*****]

(2) Notices of all meetings of a Committee shall be sent


to the members of the Committee, the Attorney General for
Pakistan, Secretary Ministry of Parliamentary Affairs and
the officials concerned.

(3) Every meeting of the Committee shall be attended


by the Minister concerned alongwith Secretary or at least
Additional Secretary if so required by the Committee.

* Omitted by S.R.O.46(I)/2016, dated 27-01-2016.


80

199. Supplementary rules.— A Committee may, with


the approval of the Chairman, make supplementary rules of
its procedure not inconsistent with these rules.

200. Application of general rules of Senate.— Subject


to the rules in this Chapter and the supplementary rules of
the Committee, if any, the general rules of the Senate shall
apply to the proceedings in each Committee.

201. Removal of doubt and interpretation of rules.—


If any doubt arises on any point of procedure or
interpretation of these rules in this Chapter, the Chairman
of the Committee may refer the point to the Chairman of
the Senate, whose decision shall be final.

202. Business before Committees not to lapse on


prorogation.— Any business pending before a Committee
shall not lapse by reason only of the prorogation of the
Senate and the Committee shall continue to function
notwithstanding such prorogation.

OTHER COMMITTEES

203. Select Committees on Bills.— *[(1) The


Minister-in-Charge of the Ministry to which a Bill relates
(ex-officio non-voting member), the Chairman of the
Standing Committee concerned with the Bill (ex-officio
non-voting member), the Member-in-Charge (ex-officio
non-voting member), the Minister for Law and Justice
(ex-officio non-voting member) and the Members of the
Standing Committee which examined the Bill shall be the
Members of every Select Committee and it shall not be
necessary to include their names in any motion for election
of such a Committee.

(2) When a Motion that the Bill be referred to a Select


Committee is adopted, the Senate shall elect the Members
equal in number as that of Members of the Standing
Committee concerned.

(3) Ten Members shall constitute the quorum of the


Select Committee wherein five Members shall be from
Treasury Benches and five Members from Opposition
Benches.]
**
[Sub-rule (4) omitted]
***
[(4) If the Chairman of the Committee is not present at
any sitting, the Committee shall choose one of its members
present to act as Chairman for that sitting.]
**
[Sub-rule (6) omitted]
———————————————————————
* Substituted by S.R.O. 902(I)/2017, dated 07-09-2017.
** Omitted by S.R.O. 1171(I)/2016, dated 26-12-2016.
*** Re-numbered by S.R.O. 1171(I)/2016, dated 26-12-2016.
81
204. Special Committees.— The Senate may, by
motion, appoint a Special Committee which shall have such
composition and functions as may be specified in the
motion.
205. Provisions relating to Standing Committees to
apply to other Committees.— In the absence of special
provisions relating to a Select Committee or a Special
Committee, the provisions relating to the Standing
Committees shall apply mutatis mutandis to a Select
Committee and a Special Committee.

*[205A. Council of Chairmen.— (1) There shall be


a Council of Chairmen consisting of the Chairmen of the
Standing and Functional Committees headed by the
Chairman of the Senate to consider and coordinate any
matter relating to the Standing and Functional Committees.

(2) The meeting of the Council shall be convened by


the Chairman as and when required **[*****].]

———————————————————————
* Added / re-numbered by S.R.O.452(I)/2016, dated 26-05-2016.
** Omitted by S.R.O. 197(I)/2016 dated 10-03-2016.
82

CHAPTER XVIII

GENERAL RULES OF PROCEDURE

NOTICE

206. Applicability of general rules.—Except for matters


for which special provisions are made in these rules, the
general rules contained in this chapter shall apply to all
matters; and in case any provision in the special rules
relating to a matter is inconsistent with the general rules,
the former shall prevail.

207. Notice by members.— (1) Every notice required by


these rules or the Constitution shall be given in writing
addressed to the Secretary or the Chairman and signed by
the member giving notice, indicating his full name in
capital letters and shall be delivered at the Notice Office
which shall be kept open for this purpose on every working
day, between such hours as may be notified from time to
time or sent by post under postal certificate or registered
cover.

(2) A notice delivered when the Notice Office is closed


shall be treated as given on the next working day.

(3) A notice given by a member in respect of any matter


under these rules shall lapse if the member is appointed as a
Minister or ceases to be a member.

208. Circulation of notice to members.— (1) The


Secretary shall, if notice is given in time, and it is
practicable to do so, circulate to each member and every
other person entitled to take part in the proceedings of the
Senate under the Constitution a copy of the notice or other
papers which is, by these rules, required to be made
available for the use of members and such other persons.

(2) Every notice or other papers shall be sent to the


members by post on the addresses officially notified by the
members to the Senate Secretariat and shall ordinarily be
deemed to have been duly served on the members if so sent.
During the session notices shall be delivered at the local
addresses notified by the members or in its absence
deposited in the mail box of the members.

209. Lapse of pending notices on prorogation of


Session.— On the prorogation of the Senate all pending
notices, other than notices of intention to move for leave to
introduce a Bill, a notice of an amendment in a Bill and
notice of a question of privilege, shall lapse and fresh
notices shall be given for the next session.

*[Rule 210 re-numbered as Rule 205A]

———————————————————————
* R-numbered by S.R.O.452 (I)/2016, dated 26-05-2016.
83
211. Motion, resolution or amendment moved not to
lapse.— A motion, resolution or an amendment, which has
been moved and is pending in the Senate shall not lapse by
reason only of the prorogation of the Senate.
212. Chairman to amend notices of questions,
motions, etc.— If in the opinion of the Chairman any
notice contains words, phrases or expressions which are
argumentative, un-parliamentary, ironical, irrelevant,
verbose or otherwise inappropriate, he may, in his
discretion, amend or alter without changing the subject
matter of the notice before it is circulated.
*[212A. Effect of retirement, etc., of a Member.-
Business of a Member in respect of any matter under these
rules shall lapse if the Member is appointed as Chairman
Senate, Deputy Chairman, Minister or ceased to be a
Member:
Provided that a Private Members‟ Bill passed by the
Senate and transmitted to National Assembly shall not
lapse.]
MOTIONS
213. Repetition of motions.— (1) Except as otherwise
provided by these rules, it shall not revive discussion on a
matter or a motion which has been discussed in the Senate
within the last four months or substantially identical with
the one on which the Senate has already given a decision.
(2) This rule shall not be deemed to prevent the making
of any of the following motions, namely:-
(a) a motion for taking into consideration, or
reference to a Standing Committee, of a Bill,
where an amendment to the effect that the
Bill be circulated for the purpose of eliciting
opinion thereon has been carried to a
previous motion for taking the Bill into
consideration or for referring it to a Select or
a Special Committee;
(b) a motion for the amendment of a Bill which
has been recommitted to a Select or a
Special Committee or re-circulated for the
purpose of eliciting opinion thereon;
(c) a motion for the amendment of a Bill which
is consequential or is designed to alter any
provision of a Bill; or
(d) a motion which has to be or may be made
within a period determined by or under these
rules.

———————————————————————
* Inserted by S.R.O.1323, dated 31-12-2015.
84
214. Anticipation of a matter before the Senate.— A
motion or amendment shall not anticipate a matter already
appointed for consideration of the Senate; and in
determining whether a motion or amendment is out of order
on the ground of anticipation, the Chairman shall have
regard to the probability of the matter anticipated being
brought before the Senate within a reasonable time.
215. Withdrawal of motion.— (1) A member who has
made a motion may withdraw the same by leave of the
Senate.
(2) Subject to sub-rule (3), the leave shall be signified
not upon question but by the Chairman taking the pleasure
of the Senate. The Chairman shall ask: “Is it your pleasure
that the motion be withdrawn?” If no one dissents, the
Chairman shall say: “The motion is by leave withdrawn.”
But if any dissentient voice be heard or a member rises to
continue the debate, the Chairman shall forthwith put the
motion.
(3) If an amendment has been proposed to a motion, the
original motion shall not be withdrawn until the amendment
has been disposed of.
216. Adjournment of debate on motion.— At any time
after a motion has been made, a member may move that the
debate on the motion be adjourned.
217. Dilatory motion in abuse of the rules of Senate.—
(1) If the Chairman is of opinion that a motion for the
adjournment of a debate is an abuse of these rules, he may
either forthwith put the question thereon or decline to
propose the question.
(2) If the Chairman is of opinion that a motion for
re-circulation of a Bill to elicit further opinion thereon is in
the nature of a dilatory motion in abuse of these rules in as
much as the original circulation was adequate or
comprehensive or that no new or unforeseen circumstance
has arisen since the previous circulation to warrant the
re-circulation of the Bill, he may forthwith put the question
thereon or decline to propose the question.
(3) If the Chairman is of the opinion that a motion for
re-committal of a Bill to a Committee or circulation or
re-circulation of the Bill after the Committee has reported
thereon is in the nature of a dilatory motion is an abuse of
these rules in-as-much as original circulation was adequate
or comprehensive or that no new or unforeseen
circumstance has arisen since the previous circulation to
warrant the Committee, he may forthwith put the question
thereon or decline to propose the question.
218. Motion that policy or situation or statement or
any other matter be taken into consideration.— (1)
Any Minister or a member may give notice of a motion that
any policy, situation, statement or any other matter may be
taken into consideration.
85

(2) The Senate shall proceed to discuss the motion after


the mover has concluded his speech and no question shall
be put at the conclusion of the debate unless any Minister or
a member, with the consent of the Chairman, moves a
substantive motion in appropriate terms in which case a
question shall be put:

Provided that substantive motion shall be moved


immediately after the Chairman has put the original motion
to the House.

(3) Except as otherwise provided in this rule, the


provisions of rules 132 to 143 shall apply mutatis mutandis
to a motion for consideration moved under sub-rule (1),
hereinafter in this rule referred to as the original motion,
and to a substantive motion moved in substitution of the
original motion hereinafter referred to as the substitute
motion, as if such original motion were a resolution and the
substitute motion were an amendment to the resolution.

(4) There shall be no voting on an original motion but if


one or more substitute motions have been moved by the
members, the Chairman may, in his opinion, put them to the
vote of the House so, however, that the motions expressing
disapproval of the matter referred to in the original motion
are voted upon before the motions expressing approval
thereof.

(5) When a substitute motion is carried by the House,


all such other motions not put to the House shall lapse.

219. Notice signed by more than one member.—


Where a notice of a motion or an amendment is given by
more than one member, the member whose name appears
first in the list and in his absence next member in the list
shall move the motion and speak on behalf of such other
members.

AMENDMENTS

220. Rules as to amendments.— (1) An amendment


shall be within the scope of, and relevant to, the subject
matter of the motion to which it is proposed.

(2) An amendment shall not raise a question, which by


these rules can only be raised by the substantive motion
after notice.

(3) An amendment shall not be moved which has


merely the effect of a negative vote.

(4) An amendment on a question shall not be


inconsistent with the previous decision on the same
question at the same stage of a Bill or matter.

(5) An amendment may be moved to an amendment


which has been moved in the Senate.
86

(6) In respect of any motion or in respect of any Bill


under consideration in the Senate, the Chairman shall have
the power to select one of several identical or substantially
identical amendments to be proposed or may club together
all such amendments.
221. Correction of errors.— Where a resolution is
passed by the House, the Chairman shall have power to
correct grammatical or typographical errors and make such
other changes in a resolution as are incidental or
consequential upon the amendments accepted by the House.
222. Notice of amendments.— Notice of an amendment
to a motion shall be given two working days before the day
on which the motion is to be considered, unless the
Chairman allows the amendment to be moved without such
notice.
223. Selection of amendments.— The Chairman shall
have power to select the amendments to be proposed in
respect of any motion, and may, if he thinks fit, call upon
any member who has given notice of an amendment to give
such explanation of the object of the amendment as may
enable him to form a judgment upon it.
224. Putting of amendments.— The Chairman may put
amendments in such order as he may think fit:
Provided that the Chairman may refuse to put an
amendment, which in his opinion is frivolous or vague.
RULES TO BE OBSERVED BY MEMBERS
225. Rules to be observed by members while present
in the Senate.-Whilst the Senate is sitting, a member—
(i) shall not speak except with the permission of
the Chair;
(ii) shall not read any book, newspaper or a
document except in connection with the
business of the Senate;
(iii) shall not interrupt any member during his
speech by disorderly or objectionable
gesture, expression, noise or any other
manner whatsoever;
(iv) shall not pass between the Chair and any
member who is speaking;

(v) shall not sit or stand with his back towards


the Chair;
(vi) shall not obstruct proceedings and shall
avoid making running commentaries when
speeches are being made in the Senate or
engage in cross talk;
(vii) shall not chant slogans, display banners,
play-cards, throw and tear Table documents
and reports, etc.;
(viii) shall not indulge in rowdy behaviour;
87

(ix) shall not approach the dais of the Chairman


in a threatening manner;
(x) shall not act to erode the sanctity of the
House or act in a manner which lowers the
dignity of the House;
(xi) shall not act in any manner detrimental to the
order, decorum and dignity of the House;
(xii) shall not applaud or make a reference to,
when a stranger enters any of the galleries or
the Special Box except when a foreign
dignitary is specially invited to address the
Senate or witness the proceedings of the
Senate;
(xiii) shall not occupy a seat in the galleries nor
while in the Chamber engage himself in
conversation with any visitor in a gallery;
(xiv) shall not use a mobile phone or a camera;
(xv) shall not chew or drink or smoke;
(xvi) shall not carry any walking stick unless
permitted by the Chairman under
exceptional circumstances;
(xvii) shall bow to the Chair when taking or
leaving his seat;
(xviii) shall always address the Chair and shall do
so in a respectful and decent manner;

(xix) shall keep to his usual seat while addressing


the Chair; and
(xx) shall maintain silence when not speaking in
the Senate.
226. Rules to be observed while speaking.— (1) The
subject matter of every speech shall be relevant to the
matter before the Senate.
(2) Except with the permission of the Chairman a
member may not read his speech but may refresh his
memory by reference to his notes.
(3) A member while speaking shall not—

(a) discuss any matter which is sub-judice;

(b) reflect upon the President in his personal


capacity:

Provided that nothing 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;
88

(c) discuss the conduct of any Judge of the


Supreme Court or of a High Court in the
discharge of his duties;
(d) 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 Senate;
(e) use his right of speech for the purpose of
willfully and persistently obstructing the
business of the Senate;
(f) use offensive expressions about the conduct
or proceedings in the joint sitting, Senate,
National Assembly or a Provincial Assembly
or a Committee thereof;
(g) unnecessarily cast reflection on the conduct
of any person who cannot defend himself
before the Senate;
(h) reflect on any decision of the Senate except
on a motion for rescinding it;
(i) use the President‟s name for the purpose of
influencing the debate; or
(j) utter unreasonable, seditious or defamatory
words or make use of offensive or un-
parliamentary expressions or which may
hurt the religious susceptibilities of any class
or persons.
Explanation.- In this paragraph, “un-
parliamentary expression” includes any
expression which imputes false motives to a
member or accuses him of falsehood or is couched
in abusive language.
*@[226A. Code of Conduct for the members.- There
shall be a Code of Conduct for the members to assist them
in the discharge of their duties and obligations to the House,
their constituents and the public at large.]
DEBATE
227. Mode of address.— (1) A member desiring to
speak on any matter before the Senate or to raise a point of
order or question of privilege shall speak only when called
upon by the Chairman to do so, shall speak from his seat,
shall rise when he speaks and shall address the Chairman:
Provided that a member disabled by sickness or
infirmity may be permitted to speak while sitting.
(2) The speech of a member who speaks without the
permission of the Chairman shall not form part of the
proceedings of the Senate.
* Inserted by S.R.O. 1131(I)/2016, dated 02-12-2016.
@
The Senate of Pakistan approved and made operational the
Code of Conduct on 24th November, 2016, which is annexed.
89
228. Limitation on debate.— (1) Whenever the debate
on any motion in connection with a Bill or on any other
motion becomes unduly protracted, the Chairman may,
after taking the sense of the Senate, fix a time limit for the
conclusion of discussion on any stage or all stages of the
Bill or, as the case may be, the motion.
(2) At the appointed hour, in accordance with the time
limit fixed for the completion of a particular stage of a Bill
or a motion, the Chairman shall, unless the debate is sooner
concluded, forthwith put every question necessary to
dispose of all the outstanding matters in connection with
that stage of the Bill or the motion.
229. Questions to be asked through the Chairman.—
When, for the purposes of explanation during discussion
or for any other sufficient reason, any member has occasion
to ask a question of another member on any matter then
under the consideration of the Senate, he shall ask the
question through the Chairman.
230. Irrelevance or repetition.— The Chairman, after
having called the attention of the Senate to the conduct of a
member who persists in irrelevance or casts reflection on
the conduct of a person who can not defend himself in the
Senate or in tedious repetition either of his own arguments
or of the arguments used by other members in debate, may
direct him to discontinue his speech.
231. Personal explanation.— A member may, with the
permission of the Chairman, make a personal explanation
arising out of some thing said, discussed or imputed to him
in the House although there is no question before the
Senate, but no debate shall be allowed on it.
232. Order of speeches and right of reply.— (1) After
the member who has made a motion has spoken, other
members may speak on the motion in the order in which
the Chairman may call upon them. If any member who is so
called upon does not speak, he shall not be entitled, except
with the permission of the Chairman, to speak on the
motion at any later stage of the debate.
(2) Except in the exercise of a right of reply or as
otherwise provided by these rules, a member shall not speak
more than once on any motion, except, with the permission
of the Chairman, for the purpose of making a personal
explanation, but in that case no debatable matter may be
brought forward.
(3) A member who has made a motion may speak by
way of reply, and if a private member has made the motion,
the Minister concerned may speak after the mover has
replied.
(4) Nothing in sub-rule (3) shall be deemed to give any
right of reply to the mover of an amendment to a Bill,
resolution or motion, save with the permission of the
Chairman.
90

233. Mover’s reply concludes debate.— Subject to the


provisions of sub-rule (3) of rule 232, the reply of the
mover of the original motion shall in all cases conclude the
debate.

PROCEDURE WHEN CHAIRMAN ADDRESSES


234. Procedure when Chairman addresses.— (1)
Whenever the Chairman addresses the Senate, he shall be
heard in silence and any member who is then speaking or
offering to speak shall immediately resume his seat.

(2) No member shall leave his seat while the Chairman


is addressing the Senate.

CLOSURE
235. Closure.— (1) At any time after a motion has been
made, any member may move “That the question be now
put” and, unless it appears to the Chairman that the motion
is an abuse of these rules or an infringement of the right of
reasonable debate, the Chairman shall put the motion “That
the question be now put”.

(2) Where a motion made under sub-rule (1) is carried,


the question shall be put without amendment or debate.

QUESTION FOR DECISION


236. Decision of the Senate.— (1) A matter requiring the
decision of the Senate shall be decided by means of a
question put by the Chairman on a motion made by a
Minister or a member.
(2) A decision of the Senate may be withdrawn or
altered by a subsequent decision of the Senate on a motion
moved by a Minister or a member, on a motion, stating
reasons necessitating such revisit moved by a Minister or a
member.
237. Proposal and putting of question.— When a
motion has been made, the Chairman shall propose the
question for consideration, and put it for the decision of the
Senate. If a motion embodies two or more separate
propositions, these propositions may be proposed by the
Chairman as separate questions.
238. Voting.— (1) Save as otherwise provided, the votes
of members on any question put by the Chairman may be
taken by voices in the first instance. On the conclusion of a
debate, the Chairman shall put the question and invite those
who are in favour of the motion to say “Aye” and those
against the motion to say “No”.
(2) The Chairman shall then say; I think the Ayes (or,
as the case may be, the Noes) have it”. If the opinion of the
Chairman as to the decision of a question is not challenged,
he shall say twice; The Ayes (or, as the case may be, the
Noes) have it” and the question before the Senate shall be
determined accordingly.
91

(3) If the opinion of the Chairman as to the decision of


a question is challenged, he shall order that the Lobby be
cleared.
(4) After the lapse of two minutes, he shall put the
question a second time and declare whether in his opinion
the “Ayes” or the “Noes” have it.

(5) If the opinion so declared is again challenged, he


shall direct that the votes be recorded either by division in
the manner set out in the Third Schedule or by operating
the automatic vote recorder:

Provided that, if in the opinion of the Chairman, the


division is unnecessarily claimed, he may ask the members
who are for „Ayes‟ and those for „Noes‟ respectively to
rise in their places and, on a count being taken, he may
declare the determination of the Senate. In such a case, the
names of the voters shall not be recorded.

(6) The result of the voting by a division shall be


announced by the Chairman and shall not be challenged.

(7) A member shall not vote on any question in which


he has a pecuniary interest. If he votes on such a question,
the vote shall, on a substantive motion carried by the
Senate, be disallowed.

Explanation.- The interest contemplated in this sub-


rule shall be direct and personal and not remote or general.

239. No speech after question is put.—A member shall


not speak on a question after the Chairman has put the
question to the Senate.

240. Casting vote.— The Chairman or the Person


Presiding shall not vote except in the event of an equality
of votes.

241. Division by automatic vote recorder.— (1) Where


the Chairman directs under sub-rule (5) of rule 238 that the
votes be recorded by operating the automatic vote recorder,
it shall be put into operation and the members shall cast
their votes from the seats respectively allotted to them by
pressing the button provided for the purpose.

(2) After the result of the voting appears on the


indicator board, the Chairman shall announce the result of
the division and the result shall not be challenged.

242. Validity of proceedings, etc.— (1) The validity of


the proceedings in the Senate shall not be called in question
by any person including a member in the House or before
any court of law on the ground of any irregularity of
procedure.
92

(2) No member or officer of the Senate in whom powers


are vested by or under the Constitution for regulating
procedure or the conduct of business, or for maintaining
order in the Senate, shall be subject to the jurisdiction of
any court in respect of the exercise by him of those powers.

(3) The Senate shall have power to act notwithstanding


any vacancy in the membership thereof and no proceedings
in the Senate shall be invalid by reason only that a person
who was disqualified for being or continuing as member, or
a person who was otherwise not entitled to do so, was
present at or voted or otherwise took part in the
proceedings.

POINTS OF ORDER
243. Decision on points of order.— (1) A point of order
shall relate to the interpretation or enforcement of these
rules or such Articles of the Constitution as regulate the
business of the Senate and shall raise a question which is
within the cognizance of the Chairman.

(2) A point of order may be raised in relation to the


business before the Senate at the moment:

Provided that the Chairman may permit a member to


raise a point of order during the interval between the
termination of one item of business and the commencement
of another if it relates to maintenance of order in, or
arrangement of business before, the Senate.

(3) A point of order may not be raised before the


Chairman has disposed of the earlier point of order:

Provided that a member shall not raise a point of


order which has already been raised in the same sitting.

(4) Subject to the provisions of sub-rules (1), (2) and


(3), a member may formulate a point of order and the
Chairman shall decide whether the point raised is a point of
order, and if so, give his decision thereon, which shall be
final.

(5) No debate shall be allowed on a point of order, but


the Chairman may, if he thinks fit, hear members before
giving his decision.

(6) A point of order shall not relate to a question of


privilege.

(7) A member shall not raise a point of order-


(a) to ask for information; or
(b) to explain his position; or
(c) when a question on any motion is being put
to the Senate; or
93

(d) on a matter which is hypothetical; or

(e) that Division Bells did not ring or were not


heard; or

(f) simply interrupt another speaker or place


before the House his own view of a matter
when another member is holding the floor.

(8) There shall be no discussion on a decision on a point


of order.
MAINTENANCE OF ORDER

244. Chairman to preserve order and enforce


decisions.— (1) The Chairman shall preserve order and
shall have all powers necessary for the purpose of enforcing
his decisions.
(2) For the purpose of enforcing the orders of the
Chairman, there shall be a Sergeant-at-Arms to be assisted
by such Staff or officials subordinate to him as may be
necessary.

245. Withdrawal of members.— The Chairman may


direct a member to refrain from violating any rule and if in
his opinion the conduct of any member is disorderly despite
such direction, he may proceed to name him to withdraw
immediately from the Chamber and any member so named
shall do so forthwith and shall absent himself during the
remainder of the day‟s sitting.

246. Suspension of member.— (1) The Chairman may,


if he deems it necessary, name a member who disregards
the authority of the Chairman or sanctity of the House or
abuses these rules consistently and wilfully by obstructing
the business of the Senate.

(2) If a member is so named by the Chairman, he shall


forthwith put the question that the member (naming him)
be suspended from the service of the Senate for a period
not exceeding the remainder of the session:

Provided that the Senate may, at any time, on a


motion being made, resolve that such suspension be
terminated.

(3) A member suspended under this rule shall forthwith


withdraw from the precincts of the Senate.

SUSPENSION OF SITTING

247. Power of Chairman to suspend sitting or adjourn


the Senate.— In the case of a grave disorder arising in the
Senate, the Chairman may, if he thinks it necessary to do
so, suspend any sitting for a time to be specified by him or
adjourn the Senate.
94

ADMISSION, WITHDRAWAL AND


REMOVAL OF STRANGERS

248. Admission of strangers.— The admission of


strangers during the sittings of the Senate to those portions
of the House which are not reserved for the exclusive use of
members shall be regulated in accordance with directions
given by the Chairman.

249. Withdrawal of strangers.— The Chairman may,


whenever he thinks fit, order the galleries to be cleared and
any strangers to be removed.

250. Removal of strangers.— Any officer authorized in


this behalf by the Chairman shall remove from the precincts
of the Senate any stranger whom he may see, or who may
be reported to him to be, in any portion of the precincts of
the Senate reserved for the exclusive use of members, or
having been admitted into any portion of the precincts of
the Senate, misconducts himself or willfully infringes the
directions given by the Chairman under rule 248 or does not
withdraw when the strangers are directed to withdraw
under rule 249 also remove a stranger who has previously
misbehaved and apprehension of his doing so again exists.
95

SITTINGS IN CAMERA OF THE SENATE

251. Sittings in camera.— (1) Whenever the Leader of


the House asks for a sitting in camera, the Chairman shall,
fix a day or part thereof for sitting of the Senate in camera.

(2) When the Senate sits in camera, no stranger shall be


permitted to be present in the Chamber, Lobby or galleries,
except the Secretary and such other Officers of the Senate
or other persons as the Chairman may direct.

252. Report of the Proceedings.— The Chairman may


cause a report of the proceedings of a sitting in camera to be
kept in such manner as he thinks fit, but no other person
present shall keep a note or record of any proceedings or
decisions of a sitting in camera, whether, in part or full, or
issue any report of, or divulge, or purport to describe, such
proceedings.

253. Procedure in other respects.— Subject to these


rules, the procedure in all other respects in connection with
a sitting in camera shall be in accordance with such
directions as the Chairman may give.

254. Lifting ban of secrecy.— (1) When it is considered


that the necessity for maintaining secrecy in regard to the
proceedings of a sitting in camera has ceased to exist, a
motion may, subject to the consent of the Chairman, be
moved by the Leader of the House or any member
authorized by him in this behalf that the proceedings be no
longer treated as secret.

(2) On adoption of a motion under sub-rule (1), the


Secretary shall cause to be prepared a report of the
proceedings of the sitting in camera and shall, as soon as
practicable, publish it in such form and manner as the
Chairman may direct.

255. Disclosure of proceedings or decisions.— Save


as provided in rule 254 disclosure of the proceedings or
decision of a sitting in camera by any person in any manner
shall be treated as a gross breach of privilege of the Senate.

*[255A. Punishment for divulging or disclosing of


information.- Where a member or any person specifically
participating in any in-camera proceedings, divulges or
discloses any information regarding any part of the
proceedings or comments or speeches or opinions
expressed therein, such member or other person, as the case
may be, shall be required to appear before the House
Business Advisory Committee, and after being given an
adequate opportunity to explain the disclosure attributed to
him, may be suspended for a term not exceeding thirty
consecutive sittings of the House.]

_______________________________________________
* Inserted by S.R.O. 140(I)/2018, dated 08-02-2018.
96

LANGUAGE, RECORD AND REPORTS

256. Language of the Senate.— (1) The members shall


address the Senate in Urdu or English, provided that the
Chairman may permit any member who cannot adequately
express himself in any of these languages to address the
Senate in his mother tongue.

(2) If a member desires that a summary in Urdu of his


speech delivered in a language other than Urdu or English
be read out to the Senate, he shall supply a copy of the
summary to the Chairman who may, in his discretion, allow
it to be read to the Senate. Such summary shall be included
in the record of the proceedings of the Senate.

(3) The official records of the proceedings of the Senate


shall be kept in Urdu and English.

257. Report of proceedings.— (1) The Secretary shall


cause to be prepared a full report of the proceedings of the
Senate at each of its sittings, and shall, as soon as
practicable, publish it in such form and manner as the
Chairman may from time to time, direct.
(2) The Secretary may also cause to be prepared a
journal of the Senate containing-
(a) brief record of proceedings of the Senate at
each of its sittings;
(b) information on any matter relating to or
connected with the business of the Senate or
a matter which in the opinion of the
Chairman may be included therein; and
(c) information regarding the Committee.
*[(3) A detailed report of the business transacted by the
Senate during a session shall be made public after
prorogation of every session, as soon as practicable and a
detailed report of the businesses transacted by the Senate
during a parliamentary year shall also be made public at the
end of each parliamentary year, as soon as practicable.]
258. Custody of documents and records.— The
Secretary shall have the custody of all records, documents,
including the original documents notified in the Gazette,
and papers belonging to the Senate or any of its Committees
or the Secretariat of the Senate, and he shall not permit any
such records, documents or papers to be taken out of the
Secretariat without the permission, in writing, of the
Chairman:
Provided that the audio or video recording of the
proceedings may be provided to a member on demand on
payment basis.

* Inserted by S.R.O.41(I)/2016, dated 23-01-2016.


97

259. Expunction of words from debates.— (1) If the


Chairman is of opinion that words have been used in debate
which are defamatory, indecent, un-parliamentary or
undignified, he may, in his discretion, either during the
debate or subsequently, order that such words be expunged
from the proceedings of the Senate.
(2) The expunged words shall not be printed, published
or mentioned by any person including media and if so
published, printed or mentioned shall amount to breach of
privilege of the House.
260. Indication in printed debates of expunged
proceedings.— The portion of the proceedings of the
Senate expunged under rule 259 shall be marked by
asterisks and an explanatory foot-note shall be inserted in
the proceedings as follows:-
“Expunged as ordered by the Chairman.”.
98

MISCELLANEOUS

261. Secretary to be ex-officio Secretary of


Committees.— The Secretary shall be ex-officio Secretary
of all Committees of the Senate.
262. Secretary may authorise any officer.— The
Secretary may authorise any officer of the Secretariat to
perform such duties as he may direct.

*[262A. Secretary to make announcements in the


House.- Subject to the provisions of Article 57 of the
Constitution, the Secretary may, when asked to do so by the
Chairman or the Presiding officer, or in the absence of the
Chairman or the Presiding officer, if required under the
circumstances, make announcements in the House.]
263. Suspension of rules.— Whenever any
inconsistency or difficulty arises in the application of these
rules, any member may, with the consent of the Chairman,
move that any rule may be suspended in its application to a
particular motion before the Senate, and if the motion is
carried the rule in question shall stand so suspended.

264. Residuary powers of the Chairman.— All matters


not specifically provided for in these Rules and all
questions relating to the detailed working of these Rules
shall be regulated in such manner as the Chairman may,
from time to time, direct.

**[264A. Application of Standing Orders.- The


Standing Orders notified by the Senate Secretariat with the
approval of the Chairman shall be read and complied with
as extension of these Rules in respect of Procedure and
Conduct of Business of the Senate and its Committees. The
Standing Orders shall also be read in extenso to the Rules
and Procedures applicable to the Senate Secretariat.]

265. Statement made by a Minister.— A statement


may be made by a Minister on a matter of public
importance with the consent of the Chairman but no
question shall be asked nor discussion take place thereon at
the time the statement is made.

_______________________________________________________
* Added by S.R.O. 801(1)/2015, dated 13-08-2016.
** Added by S.R.O. 387(1)/2016, dated 03-05-2016.
99

*[265A. Periodical reports by Ministers on matters


referred by the House.- (1) Ministers concerned shall,
after every three months, appear before the House and make
reports on all matters referred by the House and
recommendations made by Committees.

Explanation.- The time period of three months


contemplated in this rule shall be computed from
commencement of Parliamentary Year i.e. 12th March of
every year, accordingly, reports shall be due in June,
September, December and March.

(2) The time for making reports shall be allotted on


different days in rotation to the Ministers concerned as the
Chairman may, from time to time, specify.

(3) The Senate Secretariat shall, on monthly basis, issue


a consolidated list of matters referred by the House and
recommendations made by Committees.]

266. Restriction on use of Chamber of Senate.—


Except by the special permission of the Chairman, the
Chamber shall not be used for any purpose other than the
joint sittings, both Houses assembled together, the sittings
of the Senate or Assembly or address by a foreign dignitary
including a visiting Head of State or Head of the
Government.

267. Papers quoted to be laid on the Table.— If a


Minister quotes in the Senate a dispatch or other State paper
which has not been presented to the Senate, he shall lay the
relevant extract thereof on the Table:

Provided that where a Minister gives in his own


words a summary or gist of such dispatch or State paper it
shall not be necessary to lay the relevant extract thereof on
the Table.

268. Treatment of papers laid on the Table.— (1) A


paper or document to be laid on the Table shall be duly
authenticated by member or Minister by whom it is so laid.

(2) All papers and documents laid on the Table shall be


considered public.

**[268A. Dress code for the Chairman, Deputy


Chairman, Presiding Officer, Table Officers and other
officers/ officials performing duties in the House.- The
Chairman, Deputy Chairman, Presiding Officer, Table
Officers and other officers/ officials performing duties in
the House shall follow a dress code, as may be prescribed in
the Standing Orders from time to time.]

________________________________________________________________
* Added by S.R.O. 329 (1)/2015, dated 17-04-2015.
** Added by S.R.O. 795 (1)/2017, dated 12-08-2017.
100

*[The heading Senate Forum for Policy Research” and


Rules 269 to 276 omitted]

**[277. Procedure for submission of Public


Petitions.- (1) Subject to the provisions of these rules, any
person may submit a petition to the Chairman Senate
containing clear suggestion relating to the business before
the House, business before a Senate Committee or issue of
public importance concerning the Federal Government. The
petitioner shall make himself responsible for the accuracy
of the matter raised by him. The petition shall be submitted
online by filling in the Performa on Senate website or by
post or by delivering in the Senate Secretariat by hand.
Every petition will be allotted a tracking number and
updated record of each petition shall be maintained by the
Secretariat. A consolidated statement of the petitions
received and disposed off will be made by the Secretary in
the House in each session.

(2) Unless the Chairman directs otherwise, the


following will be the procedure for processing and disposal
of petitions:-

(a) On every Monday and Thursday, the


petitions, received during the intervening
period, will be submitted to the Chairman
for appropriate decision. The Chairman will
decide the admissibility of petitions and
mode of action thereon;

(b) A petition admitted by the Chairman for


referral to Committee shall be transmitted to
the Committee concerned which shall
present its report within thirty working days;

(c) The petitions admitted by the Chairman for


taking up in the House and those received
back from the Committees concerned
requiring discussion in the House will be
taken up in the forthcoming session of the
Senate;

———————————————————————
* Omitted by S.R.O. No. 551(I)/2019 dated 08-05-2019,
which were inserted by S.R.O. No. 966(I)/2014
dated 30-10-2014 and amended by S.R.O. No. 118(I)/2015
dated 09-02-2015.

** Inserted by S.R.O. 796(1)/2015, dated 13-08-2015.


101

(d) If the House makes any recommendation or


the Chairman gives any direction or the
Minister gives any understanding on a
petition, the Ministry/Division/Authority
concerned shall report to the Senate
Secretariat about the action taken thereon
within twenty working days. The response
of the Ministry/Division/Authority
concerned shall be submitted to the
Chairman for appropriate orders; and

(e) The petitioner concerned shall be informed


of the action taken on his petition within
three working days after completion of
action thereon.]
102
CHAPTER XIX
AMENDMENT OF RULES
*[278. Amendment of rules.— (1) Unless the Chairman
otherwise directs, seven clear days‟ notice of a motion for
leave to amend these rules shall be given to the Secretary
and the notice shall be accompanied by the amendment
proposed.
(2) The Secretary shall, as soon as may be, circulate the
notice to the members.
(3) The motion shall be included in the Orders of the
Day on the expiry of the notice period.
(4) When the motion is reached, the mover shall read
out the proposed amendment to the Senate and Chairman
shall ask whether the member has the leave of the Senate or
not. If objection is taken, the Chairman shall call such of the
members as may be in favour of leave being granted to rise
in their seats and, if majority of the members present does
not so rise, he shall declare that the member has not leave of
the Senate, or, if no objection is taken or such membership
so rises, the Senate shall declare that the member has the
leave of the Senate.
(5) When a member has the leave of the Senate under
sub-rule (4), he may move that the proposed amendment be
taken into consideration and to such a motion by any other
member may move as an amendment that the proposed
amendment be referred to the Committee on Rules of
Procedure and Privileges.
(6) If the motion for consideration is carried, the
proposed amendment will be put to the Senate immediately
for decision. If the amendment to refer the proposed
amendment to the Committee is carried, the matter shall be
referred to the Committee.
(7) After the proposed amendment has been referred to
the Committee, the procedure in regard to a Bill similarly
committed shall, as far as may be, followed with such
variation as the Chairman may consider necessary.
(8) When the motion for consideration is carried, the
member who gave notice shall move that the amendment be
adopted and the motion shall be put to the vote of the
Senate.
(9) When a rule or an amendment of a rule is passed by
the Senate, it shall come into force at once.
**[(10) The rule or amendment of a rule shall be known in
the name of the Member who had moved it.]
***[(11) The Secretary may, if necessary, rectify the
grammatical, typographical, punctuation, spelling, printing
and patent errors in these Rules.]
279. Repeal.— The Rules of Procedure and Conduct of
Business in the Senate, 1988, are hereby repealed.]
_____________________________________________
* Re-numbered by S.R.O.966(1)/2014, dated 30-10-2014
and again Re-numbered by S.R.O.796 (1)/2015,
dated 13-08-2015.
** Added by S.R.O. 801(1)/2015, dated 13-08-2015.
*** Added by S.R.O.452(I)/2016, dated 26-05-2016.
103

FIRST SCHEDULE

PROCEDURE FOR DETERMINING RELATIVE


PRECEDENCE OF PRIVATE MEMBERS’ BILLS
AND RESOLUTIONS
( See rules 27 and 29 )

1. Not less than seven days before each day allotted for
the disposal of private members‟ business, the Secretary
will cause to be placed in the Notice Office a numbered list.
This list will be kept open for two days, and during these
days and at the hours when the office is open, any member
who wishes to give or has given notice of a resolution or a
Bill, may have his name entered, in the case of a ballot for
resolutions, against one number only and, in the case of a
ballot for Bills, against one number in the list for each Bill
of which he has given notice up to the number of three.

2. The ballot will be held in the Committee Room in


the presence of Secretary, and any member who wishes to
attend may do so.

3. Papers with numbers corresponding to those against


which entries have been made on the numbered list will be
separately placed in a box.

4. A clerk will take out at hazard from the box one of


the papers and the Secretary will call out from the list the
corresponding name, which will then be entered on a
priority list. This procedure will be carried out till all the
numbers or, in the case of ballot for resolutions, five
numbers have been drawn.

5. Priority on the list will entitle the member to have


his Bill, or, as the case may be, resolution of which the
required notice has been given, set down in the Orders of
the Day in the same order of priority for the day with
reference to which the ballot has been held.
104

SECOND SCHEDULE

FORM OF COMMUNICATION REGARDING


ARREST, DETENTION, CONVICTION OR
RELEASE OF A MEMBER

( See rules 79 and 80 )

Place………………………….
Date…………………………..

To

The Chairman of the Senate,


Islamabad.
(A)

DEAR MR. CHAIRMAN,

I have the honour to inform you that I have found


it my duty in the exercise of my powers under section….
of the…(Act), to direct that Mr./Mrs/Miss……. Member
of the Senate, be arrested/detained for
( reason for the arrest or detention).

Mr./Mrs/Miss…, Member of the Senate was


accordingly arrested/taken into custody at…(time) on…
(date) and is at present lodged in the…(jail)….(place).

(B)

I have the honour to inform you that Mr./Mrs/Miss…


Member of the Senate, was tried at the……. Court before
me on a charge (or charges) of…. (nature of offence with
which charged) on…. after trial lasting for…days, I found
him/her guilty of… and sentenced him/her to
imprisonment for….(period).

[His/Her application for leave to appeal to…. (Name


of the Court) is pending consideration].
(C )

I have the honour to inform you that


Mr./Mrs/Miss… , Member of the Senate, who was
convicted on…(date) and imprisoned for….(nature of
offence for which convicted) was released on bail
pending appeal or released on the sentence being set aside
on appeal on the….(date).

Yours faithfully,

(JUDGE, MAGISTRATE OR
EXECUTIVE AUTHORITY).
105

THIRD SCHEDULE
PROCEDURE REGARDING VOTING BY DIVISION
( See rule 238 )
When the minority desires a division and the
Chairman is satisfied that the demand for the division is
not an abuse of the rules, he will order a division to be held
by uttering the word “Division” and shall direct that the
division bells be rung for two minutes to enable members
not present in the Chamber to return to their places;
immediately after the bells stop ringing, all the entrances to
the Lobby will be locked and the Senate staff posted at each
entrance will not allow any entry or exit through these
entrances until the division has concluded. The Chairman
will then read the terms of the motion before the Senate and
put the question for a second time. If the division is still
demanded, he will say “Ayes to the right, Noes to the left;
divide”.

2. According as they wish to vote, members will then


proceed to the Ayes or the Noes Lobby and there pass in
single file before the tellers appointed by the Chairman. On
reaching the desk of the tellers, each member will, in turn,
call out the division number which will be allotted to him
for this purpose. The tellers will then mark off this number
on the division list simultaneously calling out the name of
the member. In order to ensure that his vote has been
properly recorded, the member should not move off until he
has clearly heard the teller thus call out his name. The
Division number allotted to each member will be
communicated separately. The number will be marked on
the seat-card of each member.

3. When the voting process as described above is


completed in the division lobbies, the tellers will present
their division lists to the Secretary who will count the votes
recorded thereon and then present the total of the “Ayes”
and “Noes” to the Chairman. The Chairman will then
announce the result to the Senate. The division will not be
at an end until the result is so announced. If the members of
“Ayes” and “Noes” are equal, the question will be decided
by the casting vote of the Chairman.
____________________
106
Annexure
CODE OF CONDUCT FOR MEMBERS SENATE OF
PAKISTAN
[See Rule 226A]
I. Purpose of the Code
1. The purpose of this Code of Conduct is to assist the
Members in the discharge of their duties and obligations to
the House, their constituents and the public at large by:
(a) establishing standards and principles of
conduct expected of all Members in
performing their duties and functions;
(b) establishing the rules of conduct which
underpin these standards and principles and
to which all Members must adhere; and in so
doing
(c) ensuring public confidence in the standards
expected of all Members and in the
commitment of the House to upholding these
rules.
II. Scope of the Code
2. The Code applies to Members while performing
their parliamentary functions. It does not seek to regulate
what Members do in their private and personal lives.

3. The obligations set out in this Code are


complementary to those which apply to all Members by
virtue of the procedural and other rules of the House and
the rulings of the Chair, and to those which apply to
Members falling within the scope of the Ministerial Code.
III. Duties of Members
4. By virtue of the oath, as provided in the
Constitution, 1973, Members have a duty to perform
functions honestly, to the best of their ability, faithfully, in
accordance with the Constitution of the Islamic Republic of
Pakistan and the law, the rules of the Senate, and always in
the interest of the sovereignty, integrity, solidarity, well-
being and prosperity of Pakistan.
5. Members should act, on all occasions, in accordance
with the public trust placed in them. They should always
behave with probity and integrity, especially in the use of
public resources.
107

IV. General Principles of Conduct


6. In carrying out their parliamentary and public
duties, Members will be expected to observe the following
general principles of conduct identified by the Committee
on Ethics. These principles will be taken into account when
considering the investigation and determination of any
allegations of breaches of the rules of conduct in Part V of
the Code:-

(i) Accountability
Members are accountable for their decisions and actions to
the public.

(ii) Honesty
Holders of public office have a duty to declare any private
interests relating to their public duties and to take steps to
resolve any conflicts arising in a way that protects the
public interest.

(iii) Integrity
Holders of public office should not place themselves under
any financial or other obligation to individuals or
organizations that might influence them in the performance
of their official duties.

(iv) Objectivity
Holders of public office should make choices on merit and
in accordance with the rules and laws in carrying out public
business, including making public appointments, awarding
contracts, or recommending individuals for rewards and
benefits.

(v) Selflessness
Holders of public office should take decisions solely in
terms of the public interest. They should not do so in order
to gain financial or other material benefits.

(vi) Transparency and Openness


Members should be as open as possible about all the
decisions and actions that they take.
108

V. Rules of Conduct
7. Members are expected to observe the following
rules :-

(i) Members shall base their conduct on a


consideration of the public interest, avoid
conflict between personal interest and the
public interest and resolve any conflict
between the two, at once, and in favour of
the public interest.

(ii) No Member shall act as a paid advocate in


any proceeding of the House. For the
purposes of this Code, the acceptance of
gratification to influence his or her conduct
as a Member, including any fee,
compensation or reward in connection with
the promotion of, or opposition to, any Bill,
Motion, or other matter submitted, or
intended to be submitted to the House, or to
any Committee of the House, will be
construed as „paid advocate‟.

(iii) Information which Members receive in


confidence in the course of their
parliamentary duties should be used only in
connection with those duties. Such
information must never be used for the
purpose of financial gain.

(iv) Members are personally responsible and


accountable for ensuring that the use of any
expenses, allowances, facilities and services
provided from the public purse is in
accordance with the rules laid down on these
matters. Members shall ensure that their use
of public resources is always in support of
their parliamentary duties.

(v) Members shall never undertake any action


which would cause damage to the reputation
and integrity of the Senate as a whole, or of
its Members generally.
109

(vi) Members shall pay tax and file returns,


wealth statements, etc. as required under the
laws.

(vii) Members shall, with respect to gifts received


in their official capacity, act in line with the
procedure for acceptance and disposal of
gifts received by Government/Public
functionaries, as notified by the Government
from time to time.

VI. Removal of doubt and interpretation


8. If any doubt arises on any point of procedure or
interpretations of provisions of this Code, the decision of
the Chairman Senate thereon shall be final.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy