SINDH PROVINCIAL ASSEMBLY (MEMBERS) PRIVILEGES ACT, 1975.

THE SINDH PROVINCIAL ASSEMBLY (MEMBERS)

PRIVILEGES ACT, 1975.

(Amended upto 15th March, 2013)

AN 

ACT

to provide for the privileges of the Members of Provincial Assembly of Sindh.

WHEREAS it is required by clause (1) of Article 250 of the Constitution of the Islamic Republic of Pakistan that within two years from the   commencing day of the Constitution, provision shall be made for determining the privileges of the Members of Provincial Assembly;

Preamble.

It is hereby enacted as follows:-

1.       (1)  This  Act may be  called  the Sindh  Provincial  Assembly

(Members) Privileges Act, 1975.

(2) It shall come into force at once.

2.         In this Act unless there is anything repugnant in the subject or context-

(a)    “Assembly” means the Provincial Assembly of Sindh;

(b)   “Committee”   means   a   committee   appointed   by   the Assembly, and includes a Standing Committee and a Select Committee of the Assembly;

(c)   “Constitution”   means   the   constitution   of   the   Islamic

Republic of Pakistan;

(d)  “Government” means the Government of Sindh;

(e)  “Governor” means the Governor of Sindh;

(f)   “Member” means a Member of the Assembly;

(g) “Rules of Procedure” means the rules regulating the procedure and conduct of business in the Assembly;

(h)  “Secretary” means Secretary of the Assembly;

(i)  “Speaker” means the Speaker of the Assembly;

Short title and commencement

Definitions

Members to civil or criminal action

Privileges against detention.

Attendance of a Member detained or arrested on a bailable charge

Privileges against appearance before certain Courts.

No process to be served in  the Assembly

3.            Subject to the Constitution, no civil or criminal proceeding shall lie against any Member for the reason of any matter or thing which he may have brought up or given notice of his intention to bring up before the Assembly or any Committee, by Bill,  Resolution,  Motion,  Question  or  otherwise, notwithstanding that such Resolution, Motion, Bill, Question or other thing has not been allowed or admitted by the Speaker.

4.        No  Member  of  the  Assembly  or,  a  Committee  shall  be detained under any law of preventive detention, for the time being in force, during a session of the Assembly and a period of fourteen days immediately preceding and following such session or, as the case may be, during a meeting of the committee and a period of three days immediately preceding and following such meeting.

5.       Where  a  Member  arrested  or  detained  in  a  criminal  case informs the Court, before which such case is pending, that he has been summoned to attend a session of the Assembly or a meeting of a Committee, such Court shall, if the case is of a bail able offence, release him on his personal recognizance well in time to enable him to attend the session or the meeting, as the case may be:

Provided that any such Member shall attend such Court on the day or the days as the court may, from to time, fix for proceeding with the case.

6.       No Civil Revenue Court,1[or commission] shall, proceed with any matter to which any Member of the Assembly or a Committee is a party, or require such Member to appear before it, during a session of the Assembly and a period of fourteen days immediately preceding and following such session or, as the case may be, during  a meeting of the Committee  and a period of three days immediately preceding and following such meeting:

Provided  that  nothing  in  these  sections  shall  apply,  if such Member, by making application to such Court, 1 [or Commission]   waives   the   privilege   admissible   under   this section.

7.          No process issued by any Court, Commission or Tribunal shall, except with the leave of the Speaker, be served upon a Member, within the precincts of the Assembly Building.

1[*    Sub: for “Commission or Tribunal” by Federal Act No.XXI of 1977. w.e.f. 18.03.1977.

8.           Salary or Allowances admissible to a Member, under any law for the time being in force, shall not be attached in execution of a decree under the provisions of the Code of Civil Procedure,1908(Act-V of 1908).

No attachment of salaries and allowances

9.          A Member shall have the status of, and be entitled to the privileges admissible to, a V.I.P under any law for the time being in force or instructions issued by Government.

Members to be

VIPs

10.         A Member shall, on prior intimation to the authority concerned and subject to the availability of accommodation, be entitled to stay in a circuit house, rest house or dak bungalow maintained by Government or any local authority, on payment of such rent as is charged from a person on tour on official duty for accommodation in such circuit house, rest house or dak bungalow.

2[10-A.   A former Member and the spouse of such deceased Member who has remained as Member shall be entitled to all such facilities listed below-

(a)   to access to all Government guest houses, rest houses and Sindh House Islamabad and Sindh House Gawadar, at the rates applicable to Government officers on official tours;

(b) to a lifetime entry pass for the Assembly Secretariat, Assembly Library and Speakers gallery to observe sessions of the Assembly;

(c)  to use of VIP lounges at all airports, subject to rules of

Federal Government;

(d)  for   official   or   gratis   passport   for   self   and   spouse, dependents under the age of 18 years of age for life, subject to rules of Federal Government;

(e)   for issuance and renewal of four weapons licences at fees applicable to government employees.”.]

Accommodation in circuit houses etc.

Facilities to a

Former Member

11.      (1)   A   Member   may   visit   Government   hospitals   and educational or other institutions located within the district of his ordinary residence after giving prior intimation to the management of such hospitals or institutions.

(2)   A Member may submit his report to the Minister-In- Charge about his visit under sub section (1).

Visit to institutions

2. Insertion of Section 10-A in the Sindh Act No.XI of 1975 by the

Sindh Act No.XXXII of 2013.

12.           A person who, by order or authority of the Speaker or Assembly, removes or excludes any other person from the precincts of the Assembly, for his disorderly behavior or otherwise  infringing  the  rules  of  procedure,  shall  not  be liable  to  any civil  or  criminal  action  for  the  removal  or exclusion of such other person.

Non-liability or removing person infringing rules

13.       (1)   Subject to the provision contained in sub-section (6), the Assembly or a Committee may, summon any person  to give evidence before the Assembly or the Committee, as the case may be, or require any person to produce or cause to be produced,  any  record  or  document  in  the  possession  or under the control, of such person.

(2)   Every order made under sub-section (1) shall be under the hand of the Secretary, and shall state the date, time and place for attendance of the person summoned or, as the case may be, for production of the record or document.

(3)   such order shall be forwarded to the District Magistrate concerned, who shall cause it to be served by delivering or tendering a copy thereof dully signed and sealed to the

person summoned or, as the case may be, required to

produce the record or document, or affixing such copy at the conspicuous place of the last known residence of such

person.

(4)  A person summoned to give evidence or produce any record or document shall be entitled to receive, from the Secretary, such traveling and daily allowance, as may be admissible to a witness appearing in a Court.

(5)   The Assembly or Committee may require any witness appearing before it to take an oath, where upon the Secretary or any person authorized by the Speaker or the Chairman of the Committee, as the case may be, shall administer oath to such witness.

(6)     Where Government is of the opinion that, it is not in the interest of security of the state or maintenance of public order or for such other reason that any record of any office or authority setup or established by Government be summoned by, or furnished to, the Assembly or a Committee or, that any person in the service of Pakistan be summoned by, or compelled to give evidence before, the Assembly or

Committee, it may claim privilege in respect of such record or person, as the case may be;

Summoning of witnesses

Provided that the Assembly or the Committee, as the case  may be,  may  obtain  orders  of  the  Governor  where  the privilege claimed by Government is justified and the orders of the Governor in this behalf shall be final and shall not be questioned in any Court.

Explanation- Government and Governor in this section shall respectively be read as Federal Government and President, in relation to any record summoned from any office or authority under the Federal Government or setup or established by such Government, or the summoning of any person serving in connection with the affairs of the Federation.

Breach of privilege.

14. (1)   Whoever contravenes any provision of this Act or in any manner commits any breach of a privilege of a Member or the Assembly or a committee, shall be punished with imprisonment of either description which may extend to six months or with fine which may extend to five thousand rupees or with both.

(2)    subject to section 13, if any person summoned to give evidence or required to produce or cause to be produced any record or document before the Assembly or a Committee, refuses or fails without a reasonable cause to appear or produce or  cause  to  be  produced  the  record  or  document  before  the Assembly or the Committee, as the case may be, he shall be punished with simple imprisonment which may extend to six months or, with fine which may extend to one thousand rupees or with both.

(3)   Where a person other than a Member creates any disturbance within the precincts of the Assembly, whereby the proceedings of the Assembly or a Committee are, or are likely to be, interrupted or obstructed, he shall be punished with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

Cognizance of offence and stay

of

proceedings

15.    (1)     No Court other than the Court of First Class Magistrate shall take cognizance of an offence under this Act and except upon a complaint made, in writing, by the Secretary or any other officer of the Assembly authorized by him.

(2)     A complaint under sub- section (1) shall be made under the orders of the Speaker.

(3)   Notwithstanding any thing contained in the Code of Criminal Procedure, 1898 (Act V of 1898), if the Speaker informs  the Court that the Assembly has passed  a resolution recommending  that the complaint filed  under this section be withdrawn, the Court shall drop further proceedings whereupon the complaint shall be deemed to have been withdrawn.

16.               No suit, prosecution or other legal proceedings shall lie against any person for anything done or intended to be done under this Act.

Indemnity

17.            The Provincial Assembly of Sindh Privileges Act, 1972 and the Provincial Assembly of Sindh Privileges (Amendment) Act,

1972, are hereby repealed.

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Repeal