Pakistan (Punjab) Legislation

THE PROVINCIAL ASSEMBLY OF THE PUNJAB PRIVILEGES ACT, 1972

(Act II of 1972)

Section Heading

1. Short title and commencement.

2. Definitions.

3. Members not liable to civil or criminal action.

4. Freedom from detention.

5. Power to preside a meeting.

6. Attendance of a member detained or arrested on a bailable charge.

7. No process to be served in the Assembly.

8. No attachment of salaries and allowances.

9. Non-liability for removing persons infringing rules.

10. Summoning of witnesses.

10A. Power to Detain.

11. Breach of privilege.

11A. Breach of privilege to be an offence.

11B. Cognizance of Offence.

11C. Jurisdiction and Procedure.

11D. Appeal, etc.

11E. Cases under ordinary laws.

11F. Power to arrest.

12. No prosecution except on complaint under order of the Speaker.

13. Withdrawal of proceeding.

14. Power to try summarily.

15. Members to be V.I.Ps.

15-A. Official plate for vehicle.

15-B. Use of VIP Lounges.

15-C. Official and diplomatic passport.

16. Accommodation in circuit houses, etc.

17. Visit to hospitals etc.

18. Inspection of Jails by members.

19. Indemnity.

20. Power to make rules.

21. Power to amend the Schedule.

22. Overriding effect.

SCHEDULE

^[1]THE PROVINCIAL ASSEMBLY OF THE PUNJAB PRIVILEGES ACT, 1972

(Act II of 1972)

[28 July 1972]

An Act to provide for privileges of the Provincial Assembly

of the Punjab, its Members and Committees.

Preamble.- ^[2][WHEREAS clause (2) of Article 66, read with Article 127, of the Constitution of the Islamic Republic of Pakistan provides that the powers, immunities and privileges of the Provincial Assembly, its Committees and its Members shall be such as may from time to time be defined by Act of the Provincial Assembly;

AND WHEREAS it is expedient to define the powers, immunities and privileges of the Provincial Assembly of the Punjab, its committees and its Members and to make certain other provisions with a view to enabling them to discharge their constitutional functions properly and effectively.]

It is hereby enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Provincial Assembly of the Punjab Privileges Act, 1972.

(2) It shall come into force on the date when the Provincial Assembly of the Punjab Privileges Ordinance, 1972, ceases to operate in accordance with the provisions of clause (2) (a) of Article 135 of the Interim Constitution of the Islamic Republic of Pakistan.

2. Definitions.- (1) In this Act, unless there is anything repugnant in the subject or context,-

(a) "Assembly" means the Provincial Assembly of the Punjab;

(b) "Assembly Secretariat" means the Secretariat of the Assembly;

^[3][(ba) "Chamber" means the place where the Assembly meets to transact its business and notified by the Speaker as Chamber;]

^[4][(c) "Committee" means a Standing Committee, a Special Committee, a Select Committee or any other Committee set up by under this Act or under the authority of the Assembly in connection with the business of the Assembly;]

(d) "Constitution" means the ^[5][***] Constitution of the Islamic Republic of Pakistan;

(e) "Government" means the Government of the Punjab;

(f) "Governor" means the Governor of the Punjab;

^[6][(fa) "Judicial Committee" means the Judicial Committee as constituted under section 11C;]

(g) "Member" means a member of the Assembly and includes the Speaker, the Deputy Speaker and a Minister;

^[7][(ga) "Officer of the Assembly" means and includes any person who may, from time to time, be appointed to the staff of the Provincial Assembly Secretariat, whether permanently or temporarily, and includes any Police Officer on duty within the precincts of the Assembly;

^[8][(gb) "Officer of the House" means Secretary General of the Assembly or any other officer authorized by him;]

(h) "precincts of the Assembly" means the Assembly Chamber's building courtyard and gardens appurtenant thereto, and includes the hall, members' lobbies, galleries, rooms of the Speaker, Deputy Speaker, Ministers and other officers of the Government located in the Assembly building, committee rooms and the officers of the Assembly Secretariat ^[9][and any other premises which are notified as such for a specified time by the Speaker in the official Gazette;]

(i) "Rules of procedure" means the rules regulating the procedure of the Assembly for the time being in force; and

^[10][(ia) "Schedule" means the Schedule appended to this Act;]

(j) "Speaker" means the Speaker of the Assembly.

(2) Save as otherwise provided in this Act or where the context otherwise requires, all expressions used in this Act shall bear the same meanings as they bear in the constitution ^[11][or in the Rules of Procedure of the Provincial Assembly of the Punjab 1997].

3. Members not liable to civil or criminal action.- Subject to the provisions of ^[12][Article 66] of the Constitution, no civil or criminal proceedings shall lie against any member by 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 thereof by bill, resolution, motion, question or, otherwise, and notwithstanding such resolution, motion, bill, question or other thing being disallowed or not having been admitted by the Speaker.

4. Freedom from detention.- (1) No member shall be detained under any Provincial law relating to preventive detention or be required to appear in person in any civil or Revenue Court, or before any Commission ^[13][* * *] during a session of the Assembly and for a period of fourteen days before and fourteen days after the session of the Assembly, and no member of a Committee shall be so detained or required to appear before such Court, ^[14][or Commission] during a sitting of the Committee and for a period of three days before and three days after the meeting of the Committee.

(2) Nothing in sub-section (1) shall be construed as-

^[15][(a) applying to any member detained under any such law as is referred to therein-

(i) at any time during the period commencing on the fifteenth day next after the conclusion of a session of the Assembly and ending on the fifteenth day before the commencement of the next session; or

(ii) for reasons of State connected with defence, external affairs, or the security of Pakistan or any part thereof; or]

(b) precluding a member from being detained under any such law during any time that the Assembly is not in session and for a period of fifteen days before and fifteen days after the session for any act against such law committed by him during the period that the Assembly is in session or during the period of fifteen days before and fifteen days after the session or at any other time.

^[16][5. Power to preside a meeting.- (1) Any meeting convened by the Government or semi Government institution or autonomous body, in which a Member is supposed to participate shall be presided over by the Member:

Provided that where the Governor or a Federal Minister is present, the Member shall not preside over the meeting.

(2) In case where more than one Member is to participate in the meeting, the presiding Member shall be-

(i) through consensus among members: or

(ii) through voting among members.]

6. Attendance of a member detained or arrested on a bailable charge.- If a member is arrested or detained on any criminal charge and the Court before which any case relating to such charge is pending against such member, is duly informed by the member that he has been summoned to attend any session of the Assembly or a meeting of any Committee thereof, such Court shall, if the charge against such member relates to a bailable offence, release such member on his personal recognizance in sufficient time to enable him to attend the session of the Assembly or a meeting of any Committee thereof, as the case may be:

Provided that the provisions of this section shall not be construed as exempting any such member from attending such Court on the day or days which the Court may in usual course fix for the trial of the case against such member.

7. No process to be served in the Assembly.- No process, civil or criminal, shall be served upon a member within the precincts of the Assembly building except with the leave of the Speaker.

8. No attachment of salaries and allowances.- Salaries and allowances paid or payable to the members under any law for the time being in force shall not be liable to attachment in execution of a decree under the provisions of the Code of Civil Procedure, 1908.

9. Non-liability for removing persons infringing rules.- No action, civil or criminal, shall lie against any person for removing or excluding by order or authority of the Speaker of the Assembly, any person infringing the Rules of procedure or otherwise behaving in a disorderly manner within the precincts of the Assembly.

10. Summoning of witnesses.- (1) Subject to the provisions contained in sub-section (7), the Assembly or any Committee thereof may direct any person to appear before the Assembly or the Committee, as the case may be, and to produce or cause to be produced any paper, book, record or document in the possession or under the control of such person.

(2) Any order made under sub-section (1) shall be notified to the person required to attend or to produce any paper, book, record or document, under the hand of the ^[17][Secretary General], by order of the Speaker or the Chairman of a Committee, as the case may be, and in every such order there shall be stated the date, the time and the place where the person summoned is required to attend or produce the paper or other document.

(3) Such order shall be served by the delivery thereof to, or leaving at the usual or the last known place of residence of the person concerned, through the District magistrate within whose jurisdiction the said residence lies, who shall get it served by any person authorised by him in this behalf.

(4) Any person so summoned shall be entitled to receive, from the ^[18][Secretary General], such travelling and daily allowances as may be admissible under rules framed by Government in this behalf.

(5) The Assembly or any Committee thereof may require any witness appearing before it to make an oath, and it shall be lawful thereupon for the ^[19][Secretary General] or any person authorised by the Speaker or the Chairman of the Committee, as the case may be, to administer oath to such witness.

(6) Subject to the provisions contained in sub-section (7), if any person summoned to appear refuses or fails, without a reasonable cause, to appear or to produce or cause to be produced on requisition any paper, book, record or document, as the case may be, in his possession or power or under his control, he shall be punished with simple imprisonment which may extend to six months or with fine which may extend to one thousand rupees.

(7) When Government is of opinion that in the interest of security of the State or the maintenance of public order or generally in the public interest or on account of any other sufficient reason, any particular record summoned from any office of or authority under Government, or set up or established by Government, should not be furnished to the Assembly or any Committee thereof, or a person in the service of the State should not be summoned or compelled to give evidence, the Government may claim privilege for that record or exemption for the public servant, as the case may be:

Provided that in such case the Assembly or the Committee thereof, as the case may be, may obtain orders of the Governor whether the privilege or exemption, as the case may be, is properly claimed, and the orders of the Governor in this behalf shall be final and conclusive on such point, and shall not be questioned in any Court.

Explanation- The powers and rights conferred on Government or the Governor under this section shall in relation to any record summoned from any office of or authority under the Central^[20] Government, or set up or established by that Government, or the summoning of any person serving in connection with the affairs of the Centre^[21], be the powers and the rights of the Central^[22] Government or the President, as the case may be.

^[23][10A. Power to Detain.- The Sergeant-at-Arms or any other Officer authorised by the Speaker in this regard may if satisfied that with a view to preventing any person from acting in any manner prejudicial to breach of any of the privileges specified in the Schedule, it is necessary so to do, may, by an order in writing, direct the arrest and detention in such custody as may be prescribed under the rules.]

^[24][11. Breach of privilege.- Each of the acts and omissions specified in column 2 of the Schedule shall constitute a breach of privilege of the Assembly, its Members and Committees thereof.]

^[25][11A. Breach of privilege to be an offence.- (1) A breach of privilege shall be an offence punishable in accordance with the provisions of this Act as provided in column No. 3 of the Schedule.

(2) The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force or the Rules of Procedure of Provincial Assembly of the Punjab 1997 for the time being in force.

11B. Cognizance of Offence.- Subject to the provisions of this Act, if the Committee on Privileges of the Assembly is satisfied that the privilege of the Assembly or a Committee thereof or of a Member has been breached within the meaning of section 11 of this Act, and punishment is to be inflicted under section 11A of this Act, a reference shall be made to the Judicial Committee.

11C. Jurisdiction and Procedure.- (1) The Judicial Committee of the Assembly, notified by the Speaker, for this purpose shall have exclusive jurisdiction to try offences and award punishments for the offences punishable under this Act ^[26][excluding media persons].

(2) On receipt of the reference, the Judicial Committee shall initiate proceedings against the accused in accordance with this Act and rules made thereunder.

(3) The proceedings before the Judicial Committee shall commence by the issuance of a Notice, or a show-cause notice.

(4) The Judicial Committee may administer oath to any person whose evidence is or may be, relevant.

(5) The provisions of section 10 shall apply in all respects for the purpose of enabling evidence to be recorded in like manner as they apply for the purpose of enabling evidence to be taken by a Committee and, for the purposes aforesaid, the Assembly or the Presiding Officer shall have the same powers as are conferred by that section on a Committee or the Chairman thereof.

(6) Notwithstanding anything contained in the preceding provisions of this section, a person who is alleged to have committed an offence under this Act shall not be bound or compelled to make any statement under sub-section (4) in relation to that offence.

(7) Notwithstanding anything contained to the contrary in any other law for the time being in force, the sentence awarded by the Judicial Committee shall be executed as if the same were a sentence awarded by the Magistrate of 1st Class.

11D. Appeal, etc.- Notwithstanding anything contained in any other law for the time being in force, an appeal against any order passed under this Act shall lie to the Speaker, with in thirty days, whose decision shall be final.

11E. Cases under ordinary laws.- Notwithstanding anything contained in this Act, when an offence under this Act is also an offence under any other law for the time being in force, it shall be tried under that law:

Provided that no person shall be prosecuted under any other law for having committed such offence except on a complaint made by an Officer of the Assembly or an aggrieved person authorised by the Speaker, in that behalf.

11F. Power to arrest.- (1) For the purpose of securing the attendance of any person before the Committee or of removing from the precincts of the Assembly any person whose removal has been ordered under this Act or the Rules of Procedure of Provincial Assembly of the Punjab 1997, it shall be lawful for the sergeant-at-Arms or any other Officer of the Assembly or Police Officer, if ordered so to do by the Presiding Officer, to arrest such person without warrant at any place within the precincts of the Assembly and to use such reasonable force as may be necessary.

(2) Notwithstanding any law for the time being in force, on the receipt of summons or warrants issued by the Committee, as the case may be, the District Police Officer shall be bound to procure the attendance of the person or persons, so required as if the summons or warrants were issued by the Magistrate of 1st Class.]

12. No prosecution except on complaint under order of the Speaker.- No prosecution shall lie under the provisions of this Act save on the complaint in writing of the ^[27][Secretary General], made under the orders of the Speaker and with the concurrence of the Minister for Parliamentary Affairs.

13. Withdrawal of proceeding.- Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1898, the Speaker may, in pursuance of a resolution of the Assembly, request the Court in which any proceedings are pending in respect of a complaint made under section 12, to drop further proceedings, and on receipt of such request, the Court shall drop all further proceedings in regard to the complaint, and the complaint shall be deemed to have been withdrawn.

^[28][14. Power to try summarily.- The proceedings before the Judicial Committee shall be summary proceedings.]

15. Members to be V.I.Ps.- The members shall be V.I.Ps.

^[29][15-A. Official plate for vehicle.- (1) A member shall be entitled to display on his vehicle, for distinctive appellation, an official plate issued by the Assembly Secretariat along with jacket at Government expense.

(2) The official plate shall be used only on a specific vehicle, the registration number of which shall be intimated to the Assembly Secretariat.

(3) The official plate shall be exhibited only when the member himself is present in the vehicle, and in all other cases it shall be covered by the jacket provided along with the plate.

(4) The Assembly Secretariat shall, on satisfaction that the vehicle has been stolen or, the original plate has been rendered unserviceable on account of accident or otherwise and the original plate so damaged has been surrendered to the Assembly Secretariat, issue a duplicate plate on payment of such charges as may be specified, from time to time, by the Speaker.

(5) In case of violation of sub-sections (2) and (3) by a member, the Speaker may restrict the use of official plate by such member and direct him to surrender the official plate to the Assembly Secretariat.

(6) On ceasing to hold office for any reason whatsoever, the member shall surrender the official plate to the Assembly Secretariat within three days.]

^[30][15-B. Use of VIP Lounges.- A member and ex-Member of the Assembly shall be entitled to the use of VIP lounges at all airports in the country.

15-C. Official and diplomatic passport.- (1) A member and ex-Member of the Assembly shall be entitled to official passport:

Provided that every person who has held the office of the Speaker and Deputy Speaker under Article 108 or the office of a Minister under Article 132 of the Constitution, shall also be entitled to official passport.

(2) Every person who has held the office of the Chief Minister under Article 130 of the Constitution, shall be entitled to diplomatic passport.]

16. Accommodation in circuit houses, etc.- A member shall, on previous intimation to the authority concerned and subject to the availability of accommodation, be entitled to accommodation in every circuit house, rest house and dak bungalow maintained by Government or any local body under the control of Government on payment of such amount as is charged from touring officer, while on duty for accommodation in such circuit house, rest house or dak bungalow, as the case may be.

17. Visit to hospitals etc.- (1) A member shall be entitled to visit hospitals, dispensaries, health centres, social welfare offices, educational institutions for boys located within his constituency with previous intimation.

(2) After such visit the member may submit his report to the Minister-in-charge.

18. Inspection of Jails by members.- Every member of the Provincial Assembly of the Punjab shall be authorised to inspect the jails falling within the district of his constituency within office hours.

19. Indemnity.- No suit, prosecution or other legal proceedings shall lie against any person for anything in good faith done or intended to be done under this Act.

^[31][20. Power to make rules.- The Speaker, in consultation with the Committee on Privileges of the Assembly, may make rules for carrying out the purposes of this Act.

21. Power to amend the Schedule.- The Speaker may amend the Schedule through a Notification to be published in the official Gazette.

22. Overriding effect.- The provisions of the Act shall have effect notwithstanding anything contained in any other law for the time being in force.]

^[32][SCHEDULE

Sr No.	Acts and omissions	Maximum Punishment
1	2	3
1.	Using criminal force to, or obstructing, assaulting, threatening or insulting the Officer of the House in the discharge of his official duty.	Imprisonment of either description for six months, or fine of ten thousand rupees, or both.
2.	Contravention of the provisions of the Rules of Procedure of Provincial Assembly of the Punjab, 1997.	Fine of ten thousand rupees.
3.	Breach of any of the privileges as provided in section 16, or section 17 or section 18, as the case may be.	Imprisonment of either description for three months, or fine of ten thousand rupees, or both.
4.	Tampering with, deterring, threatening, or any way unduly influencing any witness with regard to evidence to be given by him before the Assembly or any of its Committee.	Imprisonment of either description for one month, or fine of five thousand rupees, or both.
5.	Presenting to the Assembly or a Committee any false, untrue, fabricated or falsified document with intent to deceive the Assembly or its Committee, or destroying or materially damaging any document knowingly or having reasons to believe that it has been requisitioned by the Assembly or any Committee or giving of false evidence before the Assembly or a Committee or refusing to be examined before or to answer a lawful and relevant question put by the Assembly or any Committee, unless such refusal be excused or misconduct as a witness before the Assembly or its Committee.	Imprisonment of either description for one month, or fine of five thousand rupees, or both.
[33][* * * * * * *]
[34][* * * * * * *]
[35][6.]	Casting [36][***] any reflection upon the character or conduct of the Presiding Officer or any imputation of partiality against him, in the discharge of his duties.	Imprisonment of either description for three months, or fine of twenty thousand rupees, or both.
[37][7.]	Making [38][***] any maliciously false, scandalous, defamatory or derogatory statement concerning any Member in respect of his conduct as a Member or an Officer of the Assembly.	Imprisonment of either description for three months, or fine of ten thousand rupees, or both.
[39][* * * * * * *]
[40][8.]	Wilful failure or refusal to obey any order of the Judicial Committee under this Act, or any order of the Presiding Officer or any Member or Officer of the Assembly which is duly made under this Act.	Imprisonment of either description for three months, or fine of five thousand rupees, or both.
[41][9.]	Interference, resistance or obstruction by a stranger in the execution of duties by an Officer of the Assembly.	Imprisonment of either description for three months, or fine of five thousand rupees, or both.
[42][10.]	Disrespectful or contemptuous conduct towards the officers of the House.	Imprisonment of either description for one month, or fine of five thousand rupees, or both.
[43][11.]	Creating or joining in any disturbance in the Chamber or in a Committee or in the vicinity or precincts of the Assembly while the Assembly or the Committee is sitting, knowing or having reason to believe that the proceedings of the Assembly or Committee are likely to be interrupted.	Imprisonment of either description for three months, or fine of five thousand rupees, or both.
[44][12.]	Abetment of any act or omission specified above.	Same as for the act or omission.

EXPLANATION

(I) In this Schedule, the words 'assault' and 'criminal force' have the same meanings as respectively assigned to them in the Pakistan Penal Code 1860 (XLV of 1860).

(II) A penalty of imprisonment or fine imposed in accordance with this Act shall not be affected by a prorogation or dissolution of the Assembly.]