Senate of Pakistan: Rules of Procedure and Conduct of Business in The Senate 2012
Senate of Pakistan: Rules of Procedure and Conduct of Business in The Senate 2012
SENATE OF PAKISTAN
CHAPTER I
CHAPTER-II
(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.
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* 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been duly nominated and have not withdrawn their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.
(2) After the notice has been received, the Senate shall
not be adjourned to a date later than seven clear days
excluding closed holidays.
(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.
CHAPTER IV
CHAPTER V
(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.
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.
CHAPTER VII
QUESTIONS
CHAPTER VIII
(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).
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*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
(i)
it shall not refer to a matter which is not the
concern of the Government;
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* 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
(iii) it shall not raise more than one issue and the
issue shall not pertain to trivial matters;
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* 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
(2) Notices not selected during the week for which they
have been given, shall lapse at the end of the week.
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,-
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* Inserted by S.R.O.141(I)/2018/, dated 08-02-2018.
36
CHAPTER XI
ADJOURNMENT MOTIONS
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*Added by S.R.O. 1323, dated 31-012-2015
37
(3) At this stage the member may read out his motion.
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* Inserted by S.R.O.387(1)/2016, dated. 03-05-2016.
39
CHAPTER XII
LEGISLATION
INTRODUCTION OF BILLS
Private Members’ Bills
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.
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:
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* Added by S.R.O.902(I)/2017, dated 07-09-2017.
42
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* 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.
THIRD READING
PASSING OF BILLS
(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.
*[CHAPTER XII-A
CHAPTER XIII
CHAPTER XIV
(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.
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CHAPTER XV
CHAPTER XVI
CHAPTER XVII
FUNCTIONAL COMMITTEE ON
GOVERNMENT ASSURANCES
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,-
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(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.
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* 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
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* 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.
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* Substituted vide S.R.O. ________________ dated ________ .
** Substituted vide S.R.O. 309(I)/2014 dated 16-04-2014.
70
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* Substituted by S.R.O. 329 (1)/2015, dated 17-04-2015.
79
OTHER COMMITTEES
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* 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
NOTICE
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* 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.
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* 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.
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AMENDMENTS
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”.
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.
SUSPENSION OF SITTING
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* Inserted by S.R.O. 140(I)/2018, dated 08-02-2018.
96
MISCELLANEOUS
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* 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
________________________________________________________________
* 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
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* 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.
FIRST SCHEDULE
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.
SECOND SCHEDULE
Place………………………….
Date…………………………..
To
(B)
Yours faithfully,
(JUDGE, MAGISTRATE OR
EXECUTIVE AUTHORITY).
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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”.
(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.
V. Rules of Conduct
7. Members are expected to observe the following
rules :-