Private Members Bill: Cabinet Division directs ministries to implement procedure

ISLAMABAD: The Cabinet Division has directed all the ministries to implement the procedure relating to Private Members Bill along with its enabling provision in order to ensure quality legislation and defend Government’s interest prescribed in the Rules of Business, 1973.

The Cabinet Division has issued these instructions to all the Secretaries/Additional Secretaries In-Charge to follow prescribed rules.

According to the Cabinet Division, Federal Government has framed Rules of Business, 1973, in exercise of the powers conferred by Articles 90 and 99 of the Constitution of the Islamic Republic of Pakistan, to carry out its business. It, inter-alia, provides that no important policy decision shall be taken except with the approval of the Prime Minister.

The Prime Minister, on the cases submitted by Parliamentary Affairs Division constituted a Committee under the convenership of Minister for Law & Justice for considering Private Member Bills and firm up reports/recommendations in each case and its further processing of Bills. Cabinet Division was directed to issue necessary instructions to all Divisions with reference to compliance of rule 28 and other related provisions of the Rules of Business, 1973.

The detailed legislative procedure has been prescribed under rules 27-30 of the Rules of Business, 1973. The procedure regarding Non-Official Bills/Private Member Bills has been prescribed in rule 28 of the rules which are as follows:

28 (1) The Division concerned shall be responsible for assessing the administrative implications of the proposed legislation and for consulting the other Divisions concerned, including the Finance Division, where necessary.

(2) Thereafter the Division concerned shall consult the Law and Justice Division which shall, apart from advising the Division concerned on the legal implications of the proposed legislation and the competence of the Majlis-e Shoora (Parliament) to make a law on the subject to which the Bill relates, advise it as to whether any legal requirements are to be complied with and whether the Bill is one which cannot be introduced under the Constitution without the consent or recommendations of the federal government or previous sanction of the President.

(3) Subject to sub-rule (3) of rule 5 and sub-rules (1) and (2) of this rule, the Minister-in-Charge shall decide regarding the provisions of the Bill as to which of the following motions in the Assembly or, as the case may be, in the Senate is to be supported: (a) that it be taken into consideration by the Assembly or, as the case may be, the Senate either at once or at some future date to be specified; (b) that it be referred to a Committee; (c) that it be circulated for the purpose of eliciting opinion thereon; and (d) that it be opposed.

Subject to sub-rule (3), the Division shall obtain signature of the Prime Minister on the consent or recommendation, or of the President on the previous sanction, where required, for introduction of the Bill in the Assembly or, as the case may be, the Senate.

Cabinet Division has requested all the Ministries/Divisions to implement the procedure relating to Private Members Bill as prescribed in rule 28 of the rules along with its enabling provision in order to ensure quality legislation and defend Government’s interest prescribed in the Rules of Business, 1973.

Copyright Business Recorder, 2022