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The Pakistan Institute for Parliamentary Services Act, 2008

Act IX of 2008 · 11 pages

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                                                            Updated till 23.9.2021




 THE PAKISTAN INSTITUTE FOR PARLIAMENTARY SERVICES ACT, 2008

                                         CONTENTS




                                         CHAPTER I
                                        PRELIMINARY
SECTIONS:

1.    Short title, extent and commencement.
2.    Definitions.
3.    Establishment of the Institute.

                                   CHAPTER II
                     THE INSTITUTE AND BOARD OF GOVERNORS

4.    Functions of the Institute.
5.    Board of Governors.
6.    Composition of the Board of Governors.
7.    Functions and powers of the Board.
8.    Term of office of members.
9.    Meetings of the Board
10.   Executive Director of the Institute.
11.   Powers and functions of the Executive Director.

                                  CHAPTER III
                              FUNDS OF THE INSTITUTE

12.   The Funds of the Institute.
13.   Annual Budget.
14.   Accounts of the Institute.
                                   CHAPTER IV
                                 MISCELLANEOUS

15.   Appointments of employees and Conditions of Service.
16.   Delegation of Powers.
17.   Submission of Annual Reports.
18.   Directive from the Parliament
19.   Declaration of fidelity and secrecy.
20.   Exemption from taxes.
21.   Ordinance XCI of 2002, not to apply to the Institute.
22.   Bar of Jurisdiction.
23.   Removal of difficulties.
24.   Power to make rules
       THE PAKISTAN INSTITUTE FOR PARLIAMENTARY SERVICES ACT,
                               2008

                                        (ACT NO. III OF 2008)
                                                                                 [14th December, 2008]

       An Act to provide for establishment of the Pakistan Institute for Parliamentary Services

       WHEREAS it is expedient to provide for establishment of the Pakistan Institute for
Parliamentary Services in order to promote research, provide training and to provide facility of
information to the Parliamentarians in performance of their duties and for matters connected therewith
and ancillary thereto;

       It is hereby enacted as follows:—

                                                   CHAPTER I

                                                  PRELIMINARY

        1.      Short title, extent and commencement.—(1) This Act may be called the Pakistan
Institute for Parliamentary Services Act, 2008.

       (2)    It extends to the whole of Pakistan.

       (3)    It shall come into force at once.

       2.     Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

              (a)     "Board" means the Board of Governors constituted under section 6;

              (b)     "Constitution" means the Constitution of the Islamic Republic of Pakistan;

              (c)     "Executive Director" means the Executive director of the Institute;

              (d)     "Federal Government" means the Federal Government of Pakistan;

              (e)     "Institute" means the Pakistan Institute for Parliamentary Services;

              (f)     "Member" means a member of the Board;

              (g)     "National Assembly" means the National Assembly of Pakistan;
              (h)    "Parliament" means the National Assembly of Pakistan and the Senate of
                     Pakistan as defined in the Constitution;

              (i)    “Parliamentarian" means a member of the Senate, National Assembly or
                     member of a Provincial Assembly;

              (j)    "Parliamentary functionaries" mean the employees of the Senate, National
                     Assembly and a Provincial Assembly;

              (k)    "Prescribed" means prescribed by rules made under this Act;

              (l)    "President" means the President of the Board;

              (m)    "Provincial Assembly" means a provincial Assembly of a Province;

              (n)    "Rules" means the rules made under this Act; and

              (o)    "Senate" means the Senate of Pakistan.

        3.     Establishment of the Institute.—(l) There shall be established an Institute to be known
as the Pakistan Institute for Parliamentary Services.

       (2)     The Institute shall be a body corporate by the name of the Pakistan Institute for
Parliamentary Services having perpetual succession and a common seal, with power subject to the
provisions of this Act, to acquire and hold property, and shall by the said name sue and be sued.

       (3)    The Institute shall be located at Islamabad and may establish its branches in the
provinces.

                                           CHAPTER II

                        THE INSTITUTE AND BOARD OF GOVERNORS

       4.     Functions of the Institute.—The functions of the Institute shall be,—

              (a)    to maintain the national, provincial and international data, information and
                     statistics to provide to the Parliamentarians for the efficient performance of their
                     duties;

              (b)    to undertake the research in respect of the Federal and Provincial laws and also to
                     have a study of international laws to help the Parliamentarians in the law making
                     process;

              (c)    to provide technical assistance to Parliamentarians in performance of their duties;
                  (d)        to provide training to the Parliamentarians and the parliamentary functionaries
                             for performance of their duties;

                  1
                      [(da) to provide for in-service training related to parliamentary affairs, to the Federal
                            Government’s officials including the civil servants and such officials of the
                            Provincial Governments nominated by respective Governments and selected by
                            the Establishment Division;]

                  (e)        to arrange seminars, workshops or conferences;

                  (f)        to take measures for the development of law making;

                  (g)        to maintain a record of all the existing Act, Ordinances and other enactments in
                             force in Pakistan and in each Province;

                  (h)        to assist Parliamentarians and legislative bodies in their efforts to ensure the
                             public's understanding of working of Parliament;

                  (i)        to arrange legislative drafting courses with special emphasis on parliamentary
                             practices;

                  (j)        manage the internship programs for the Parliament and the Provincial
                             Assemblies;

                  (k)        to establish and maintain resource centres for Parliamentarians;

                  (l)        to support the parliamentary committees in the performance of their functions;
                             and

                  (m)        any other function as may be assigned to it by the Parliament or the Board.

       5.         Board of Governors.—The over all control, direction and the superintendence of the
affairs of the institute shall vest in the Board of Governor which may exercise all powers, perform all
functions and do all acts which may be exercised, performed or done by the institute.


       6.         Composition of the Board of Governors.—(l) The Board of Governors shall consist of
following members, namely:—


       1Ins. by the Pakistan Institute for Parliamentary Services (Amendment) Act, 2020 (XIII of 2020), s. 2.
              (a)         Chairman of the Senate or the Speaker of the National                   President
                          Assembly by rotation for three years.
              (b)         Deputy Chairman of the Senate or the Deputy Speaker                 Vice-President
                          of the National Assembly by rotation for a period of
                          three years. However, the President and the Vice-
                          President shall not be from the same House at a time.
              (c)         Minister for Parliamentary Affairs of Government of                       Member
                          Pakistan.
              (d)         The Speaker of each Provincial Assembly, and in his                       Member
                          absence, Deputy Speaker of the Assembly concerned.
              (e)         Four members of the Senate to be nominated by the                         Member
                          Chairman of the Senate on the basis of party
                          representation in consultation with the parliamentary
                          party leaders.
              (f)         Eight members of the National Assembly to be                              Member
                          nominated by the Speaker on the basis of party
                          representation in consultation with the parliamentary
                          party leaders.

              (g)         Secretary Senate of Pakistan.                                Ex-officio Member


              (h)         Secretary National Assembly of Pakistan                      Ex-officio Member


              (i)         Executive Director of the Institute.                         Ex-officio Member




      (2)    Executive Director of the Institute shall also act as Secretary of the Board.

       7.       Functions and powers of the Board.—In particular and without prejudice to the
generality of the powers conferred by section 5, the Board shall,—

                    (a)     exercise the general control over the affairs of the Institute;

                    (b)     approve over all plans, policies and programs of the Institute;

                    (c)     approve annual and long term business plan of the Institute;

                    (d)     review and approve training and research projects proposed by the
                            Executive Director;
                     (e)     approve the annual development and non-development budget of the
                             Institute;

                     (f)     approve the organizational structure of the Institute and lay down the
                             terms and conditions of service of the employees of the Institute;

                     (g)     engage such consultants or experts as may be considered necessary for
                             the efficient performance of the functions of the Institute, on such terms
                             and conditions as it deems fit;

                     (h)     appoint the Executive Director and other officers of the Institute and
                             approve their terms and conditions of service;

                     (i)     constitute sub-committees or advisory committees for the efficient
                             discharge of the functions of the Institute;

                     (j)     ensure the finances for the Institute and exercise oversight thereof;

                     (k)     approve and submit and annual report of the Institute; and

                     (l)     make rules to carry out the purposes of this Act.

        8.     Term of office of members.—(1) A member shall hold office for a period of three years
from the date of his assuming the office and shall be eligible for being nominated for another term of
three years only:

       Provided that if he ceases to be a Parliamentarian, he shall cease to be a member of the Board.

       (2)      A person who is an ex-officio member shall cease to be, a member when he ceases to
hold that office or appointment.

       (3)      A member other than an ex-officio member may at any time resign his membership by
writing under his hand addressed to the President of the Board, but shall continue to perform his
functions until his resignation is accepted.

       (4)    A vacancy caused by the resignation or by any other reason shall be filled by nomination
by the Chairman or the Speaker, as the case may be, in the manner provided in section 6.

       (5)    No act or proceeding of the Board shall be invalid on the ground only of the existence of
any vacancy in the Board.

      9.       Meetings of the Board.—(1) Save as hereinafter provided, the board shall regulate the
procedure for its meetings.
       (2)     Meetings of the Board shall be called by the President who shall fix the date, time and
place of the meeting:

         Provided that the Board shall hold at least one meeting every four months in a year.

         (3)    One-third of the total membership shall constitute the quorum of the meeting of the
Board.

       (4)     Each meeting of the Board shall be presided over by the President and in his absence by
the Vice-President of the Board.

       (5)     The decision in each meeting shall be taken by the majority of the members present in
the meeting. In case of equality of votes, the President shall have a casting vote.

       (6)    The minutes of each meeting of the Board shall be recorded and kept by the Secretary of
the Board and shall be signed and authenticated by the President.

       10.    Executive Director of the Institute.—(1) The Board of Governors shall appoint the
Executive Director of the Institute.

         (2)    The qualifications of the Executive Director shall be such as may be prescribed by the
Board.

         (3)    The Executive Director shall hold office during the pleasure of the Board.

        (4)    The salary and remunerations of the Executive Director and the terms and conditions of
his service shall be determined by the Board.

       11.    Powers and functions of the Executive Director.—The Executive Director shall be the
Chief Executive of the Institute and shall work under the control of the Board and perform the
following functions, namely:—

                (a)     to ensure efficient functioning of the Institute and to run the day to day
                        administrative matters of the Institute;

                (b)     to carry out the directives and decisions of the board and to formulate the
                        programs for their implementation;

                (c)     to formulate and implement training and research plans for Parliamentarians and
                        parliamentary functionaries;

                (d)     to arrange for the conferences, seminars, workshops, orientation and refresher
                        courses for the Parliamentarians and parliamentary functionaries;
              (e)    to prepare the annual report of the Institute for submission to the Board;

              (f)    to appoint such officers and employees as determined by the Board on such terms
                     and conditions as may be prescribed;

              (g)    to prepare and propose budget estimates for approval of the Board;

              (h)    to ensure the protection of all assets of the Institute;

              (i)    to maintain the records and seal of the Institute; and

              (j)    such other functions as may be entrusted to him by the Board.


                                            CHAPTER III

                                   FUNDS OF THE INSTITUTE

              12.    The Funds of the Institute.—The Funds of the Institute shall comprise,—

                     (a)     the funds allocated by the Senate from its budget to the Institute which
                             shall be one third of the total annual expenses of the Institute;

                     (b)     the funds allocated by the National Assembly from its budget to the
                             Institute which shall be two third of the total annual expenses of the
                             Institute;

                     (c)     the contributions made by each Provincial Assembly;

                     (d)     the contributions made by Parliamentarians;

                     (e)     the grants in aid given by any national or international agencies and
                             organization;

                     (f)     the funds granted by the Federal Government or a Provincial
                             Government; and

                     (g)     the funds raised by the Institute, through donations, endowments and
                             through its own sources.

        13.      Annual Budget.—(l) The Executive Director shall, in respect of each financial year,
submit for approval of the Board a statement showing the estimated receipt and expenditure of the
Institute for the next financial year in time.
     (2)     The budget prepared by the Executive Director shall be approved by the board with such
amendments as it may deem necessary.

      (3)    The budget approved by the Board shall be submitted to the Senate and the National
Assembly Secretariats in time for the necessary allocation of finds.

       14.   Accounts of the Institute.—(1) The accounts of the Institute shall be maintained in such
form and manner as the Board may prescribe.

        (2)        The accounts of the Institute shall be audited by the Auditor General every year, and made
part of the annual Report of the Institute.



                                                                    CHAPTER IV

                                                               MISCELLANEOUS

              1
       15.      [Appointment of employees and conditions of service].—(l) The Board shall make
rules for recruitment of the employees of the Institute and the Executive Director shall act in
accordance with the rules.

        (2)        The employees may be recruited on permanent or contract basis.

       (3)     The terms and conditions of service, promotion, reduction, removal, suspension and
other service matters of the employees shall be regulated by the service rules of the Institute made by
the Board.

        1
         [(4) The terms and conditions of service of any person to whom this Act applies shall not be
varied to his disadvantage.

        (5)     Subject to the provision of this Act and rules made thereunder, the employees of the
Institute shall be entitled to such perks, entitlements, memberships, facilities, including but not limited
to housing and all other schemes of the Government, as admissible or enjoyed or admissible to the
employees of the Senate and National Assembly Secretaries in the corresponding equivalent scales,
notwithstanding any judgment or order of any court, tribunal or a quasi-judicial authority.]

        16.   Delegation of Powers.—The Board may by general or special order in writing delegate
any of its powers to any of its members, the Executive Director or any Officer of the Institute subject to
such condition as it may deem fit to impose.


        1Subs. and added by the Pakistan Institute for Parliamentary Services (Amendment) Act, 2021 (II of 2021), s. 2.
         17. Submission of Annual report.—The Board shall submit to the Parliament an annual
report containing the activities of the Institute during a year. The report shall also highlight the objects
of the Act achieved by the Institute and shall also give a picture of the finances and future plans of the
Institute.

        18.    Directive from the Parliament.—(1) In performance of its functions, the Institute shall
be guided by the directives and instructions, if any, given to it by the Parliament and such directives and
instructions shall he binding on the Institute.

      (2)    The directive and instruction shall be approved by the Senate as well as the National
Assembly before its issuance to the Institute.

       19.    Declaration of fidelity and secrecy.— Every officer or other employee of the Institute
shall make such declaration of fidelity and secrecy as may be prescribed.

        20.     Exemption from taxes.—Notwithstanding anything contained in the Income Tax
Ordinance, 2001 (XLIX of 2001) or any other fiscal law for the time being in force, the Institute shall
not be liable to pay any tax on its income, capital profit, wealth or gain.

        21.     Ordinance XCI of 2002, not to apply to the Institute.—Nothing contained in the
Industrial Relations Ordinance, 2002 (XCI of 2002) shall apply to or in relation to the Institute or any of
the officer, advisor and employee appointed by it.

       22.     Bar of Jurisdiction.—No court or tribunal shall have jurisdiction to entertain any
proceedings, grant any injunction or make any order in relation to anything done in good faith or
purported to have been done in good faith or intended to be done under this Act.

       23.     Removal of difficulties.—If any difficulty arises in giving effect to any provisions of
this Act, the President of the Board may make such order not inconsistent with the provisions of this
Act as may appear to him to be necessary or expedient for the purpose of removing the difficulty.

        24.     Power to make Rules.—The Board may by notification in the official Gazette, make
rules for carrying out the purposes of this Act.




                                             _____________


Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.

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