given by Anusha PMLN and myself

CYBER CRIMES ACT 2009 The following Act of Parliament received the assent of the President of and is hereby published for general information:- WHEREAS it is expedient to provide for the prevention and prosecution of offences related to or committed by use of electronic systems and for matters connected therewith or ancillary thereto; It is hereby enacted as follows:- 1. Short title, extent and commencement. [•••] 2. Definitions.- (1) In this Act, unless there is anything repugnant in the subject or context,- (i) “data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in an electronic system, including but not limited to computer program, text, images, sound, video and information within a database or electronic system; (ii) “electronic system” means any device or a group of interconnected or related devices employing electrical or electromagnetic technology for the processing, communication or storage of information or data. 3. Legal Recognition of offences committed in relation to electronic systems. (1) Notwithstanding anything contained in any other law for the time being in force, an offence under any law shall not be denied legal recognition and enforcement for the sole reason of such offence being committed in relation to, or through the use of, an electronic system. (2) References to ‘property’ in any law creating an offence in relation to or concerning property shall include an electronic system and the information and data contained in or conveyed through such electronic system. 4. Spamming.- (1) Whoever transmits harmful, fraudulent, misleading, illegal or unsolicited electronic messages in bulk to any person without the express permission of the recipient, or causes any electronic system to show any such message or involves in falsified online user account registration or falsified domain name registration for commercial purpose commits the offence of spamming. (2) Whoever commits the offence of spamming as described in sub-section (1) shall be punishable with fine not exceeding fifty thousand rupees if he commits this offence of spamming for the first time and for every subsequent commission of offence of spamming he shall be punished with imprisonment of three months or with fine, or with both. 5. Spoofing. (1) Whoever establishes a website, or sends an electronic message with a counterfeit source intended to be believed by the recipient or visitor or its electronic system to be an authentic source with intent to gain unauthorized access or obtain valuable information which later can be used for any unlawful purposes commits the offence of spoofing. (2) Whoever commits the offence of spoofing specified in sub-section (1) shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 6. Investigation of offences. (1) The investigation and prosecution of offences committed in relation to or by using an electronic system shall be conducted by the relevant investigation and prosecution agencies within whose jurisdiction such offence falls under the applicable law. (2) The investigation of the offences under Sections 4 and 5 shall be conducted by the Federal Investigation Agency established under the Federal Investigation Agency Act, 1974 (VIII of 1975). 7. Special training. (1) The Federal Government, and each Provincial Government, shall cause to be imparted special training to the respective law enforcement and prosecution agencies for the detection, investigation and prosecution of offences committed in relation to or by using electronic systems. (2) The Federal Government shall allocate a sum of Rupees [•] for the special training referred to in Section 7. (3) The Federal Government shall create a special fund for dedicated departments in the respective police and FIA forces, who shall be responsible for investigation under this Law. 8. Real-time collection of traffic data.- (1) A law enforcement agency may under a warrant issued by a [Magistrate] require a person engaged in the business of providing telecommunication facilities to the general public for commercial gain, within its existing technical capability, to collect or record through the application of technical means or to co-operate and assist the law enforcement agency in the collection or recording of traffic data, in real-time, associated with specified communications transmitted by means of an electronic system. (2) The application for warrant under sub-section (1) shall be accompanied with a description of the suspected offence, the relevant electronic system and the required duration of surveillance. (3) Any information, communication, data, electronic system or part thereof obtained or seized by a law enforcement agency pursuant to sub-section (2) or any other enabling powers in this behalf: (i) shall be held in strictest confidence and shall not be used in any manner and for any purpose other than the investigation and prosecution of the relevant offence; and (ii) shall be returned to the person from whom such information, communication, data, electronic system or part thereof was obtained in the event the investigation does not reveal the commission of an offence. (4) A person to whom a warrant is issued under sub-section (1) shall keep confidential the fact of the execution of any power provided for in this section and any information relating to it. 9. Retention of traffic data- (1) A person engaged in the business of providing telecommunication facilities to the general public for commercial gain shall, within its existing technical capability, retain its traffic data for a minimum period of ninety days. (2) Any person who contravenes the provisions of this section shall be punished with imprisonment for a term of six months, or with fine, or with both. 10. Trans-border access.- An investigation agency may access or receive information or data located in a foreign country or territory by obtaining the consent of the person whose consent is required for such disclosure under the law applicable to such person or data: Provided, the investigating agency shall inform the Ministry of Foreign Affairs of Government of Pakistan in writing about the application for access to such protected data. 11. International cooperation.- (1) The Federal Government may cooperate with Interpol, any foreign Government or its law enforcement agencies with whom it has, or establishes, reciprocal arrangements for the purposes of investigations or proceedings concerning offences related to electronic systems and data, or for the collection of evidence in electronic form of an offence or obtaining expeditious preservation and disclosure of traffic data by means of an electronic system or real-time collection of traffic data associated with specified communications or interception of data. (2) The Federal Government may, without prior request, and subject to conditions of confidentiality or use, forward to Interpol, any foreign Government or its law enforcement agencies any information obtained from its own investigations if it considers that the disclosure of such information might assist the other Government or its agency in initiating or carrying out investigations or proceedings concerning any offence. (3) The Federal Government may refuse to accede to any request made by Interpol, a foreign Government or its law enforcement agency if compliance with the request may in the opinion of the Federal Government be adverse to or prejudice its sovereignty, security, public order or other essential interests.

 

Islamabad High Court bill

 

 

(TO BE INTRODUCED IN THE NATIONAL ASSEMBLY)

A

Bill

Further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of Islamic Republic of Pakistan for the purpose hereinafter appearing:

It is hereby enacted as follows:

Short title and commencement:-

 1. Short title and commencement:-

This Bill may be called the Constitution (Amendment) Bill, 2009

It shall come into force at once.

2. Amendment of Article 175 of the Constitution:-
1-In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 175, in clause (1), after the

word “Province” the words “and a High Court for the Islamabad Capital Territory” shall be inserted.

Explanation: the words “High Court” wherever occurring in the Constitution shall include the High Court for Islamabad Capital Territory”.

 

3. Amendment of Article 186A of the Constitution:-

1-In the Constitution, Article 186A shall be renumbered as clause (1) thereof and in clause (1) renumbered as aforesaid, after the word “High Court” occurring at the end the words “or withdraw any case, appeal or other proceedings pending before a High Court to it and dispose of the same” shall be added.

 

4. Amendment of Article 198 of the Constitution:-
In the Constitution, in Article 198, after clause (1), the following new clause shall be inserted, namely:-

1A The High Court for Islamabad Capital Territory shall have its Principal seat at Islamabad.”

 

5. Amendment of Article 218 of the Constitution:-
In the Constitution, in Article 218, in clause (2), in sub-clause (b), for the word “Four” the word “Five” shall be substituted and after the word “Province” the words “and Islamabad Capital Territory” shall be inserted.

 

 

Objects and Reasons

 

The Hon’ble Supreme Court of Pakistan in their recent judgement held that Islamabad High Court created under the November 03, 2007 actions shall cease to exist forthwith. The Hon’ble Court, however, observed that if establishment of a High Court for Islamabad was necessary then the relevant and competent authorities may take steps t

o establish such a court in accordance with the Constitution and the law. A Constitutional Court is a necessity for the people of the Capital Territory as well as for the lawyers of Islamabad. It will provide for expeditious disposal of cases as required by the judicial policy and shall also ensure to keep extra burden off other courts.

 

 

                                                                                       Marvi Memon

                                                                                       MNA

 

Its all about quality of life and on my 37th thats what i present to U…

And we the parliament will take charge of parliament’s supremacy by dealing with common man issues since executive has a tendency to fail on this account. We will keep a check through the follwoing bill:

 

TO BE INTRODUCED IN THE NATIONAL ASSEMBLY OF PAKISTAN

 

A

 

BILL (18th amendment)

 

Further to amend the Constitution of the Islamic Republic of Pakistan

 

Whereas it is expedient to further amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing:

 

It is hereby enacted as follows:

 

Amendment of Article 40 of the Constitution

 

                    i.            Amendment of Article 40 of the Constitution (hereinafter called the Constitution) of the Islamic Republic of Pakistan 1973 after Article 40 the following be added as Article 40A.

 

“40A There shall be a Council of Principles of Policy.”

 

                  ii.            The Council shall consist of the following twenty four members on quarterly rotational basis:-

• Six members to be elected from the National Assembly
• Six members to be elected by the Senate
• Three member to be elected by each Provincial Assembly

 

                iii.            The Council shall ensure that each organ and authority of the State and each person performing function on behalf of an organ and authority of the state acts in accordance with the principles of the policy laid down in the Constitution.

 

                 iv.            The Council shall formulate its own Rules of Procedure and shall elect its chairperson on quarterly rotational basis.

 

                   v.            The Council shall prepare quarterly reports and shall present it to each House of the Parliament.

 

                 vi.            The reports shall be considered in a Joint sitting of both the Houses which may give directions as it deemed necessary.

 

               vii.            The Council will receive complaints from the citizens on Executive failure to uphold quality of life in accordance with Principles of Policy. The Council will expedite resolution of such complaints through a secretariat via a speedy judicial process. The report on the complaints received and resolutions granted by the judicial process will be submitted to parliament quarterly.

 

harassment bill

 [To be Introduced in the National Assembly]

A

Bill

to provide for prevention of harassment at the workplace and to provide a secure working environment for men and women workers.

Whereas Islam and the Constitution of the Islamic Republic of Pakistan aim at elimination of all forms of exploitation, protection of body, liberty, reputation and dignity of men and women and safeguard against discrimination based on gender. Further recognize the principles of equal opportunity and right to earn a livelihood without fear of abuse harassment; it is, therefore, necessary and expedient to provide a law for guaranteeing safe work environment and eliminating discrimination.

Now thereof it is as enacted as under:

1. Short title and commencement:- (1) this Act may be called the Prevention of Harassment at Workplace Act, 2008

(2) It extends to the whole of Pakistan; and

(3) It shall comet into force at once.

 2. Definition:- (1) In this Act, unless there is any thing repugnant in the subject or context, the following expressions shall have the meanings respectively assigned to these, that is to say:

a) ‘Accused’ means the employee or employer against whom an allegation gender harassment or hostel environment is made, or is being investigated under this Act;

b) ‘Code’ means the Code of Conduct for prevention of Harassment at the Workplace formed by Federal Government under this Act:

c) ‘Committee’ means Gender Justice Committee constituted under this Act;

d) ‘Employee’ includes a person who is employed by a person on permanent or temporary basis and it includes daily wagers, part-time workers, contract workers etc;

e) ‘Employer’ means a person who employs an employee and it includes the management of the concern of the employer or the designated competent authority;

f) ‘Gender Harassment’ includes any unwelcome sexual advance, request for sexual favor or other verbal or physical conduct of a sexual nature, causing interference with work performance, or creates an intimidating or offensive work environment which interferes with work, productivity or general sense of well-being of employees or is made a condition of employment;

Explanation:- Gender harassment may include one or more of the following:

(i)           unwanted physical contact ranging from unnecessary touching, patting, pinching, brushing against a person’s body;

(ii)          subtle pressure for sexual activities;

(iii)         displaying sexually explicit, pornographic or suggestive etc pictures, posters, cartoons etc;

(iv)         non-verbal crude sexual gestures;

(v)          sexually explicit cards, notes, text messages or other written correspondence;

(vi)         denying a qualified employee a promotion opportunity or benefit as he or she had refused to submit to any act constituting sexual harassment; and

(vii)        sexual coercion through the use of threats or bribery.

g) ‘Hostile Environment’ Includes vulgar jokes, taunts and other sexually charged comments or sexist remarks that are demeaning to the dignity of human beings’

Explanation:- Hostile Environment may include the following;

1. verbal harassment of a sexual nature like sexually explicit, or sexually discriminatory remarks;
2. suggestive remarks, innuendoes  or lewd comments;
3. seductive behavior;
4. derogatory statement, whistling etc;
5. leering (excessive staring) at certain parts of a person’s body;
6. pressure for social activity outside the workplace;

(5)Members of the Committee shall not necessarily be from the employees of the employer

6, Complaint to Gender Justice Committee:- (1) An employee may complain, orally or in writing an incident of gender harassment or hostile environment to the committee;

(2) If an aggrieved person prefers a criminal complaint to the Magistrate, then the complaint shall not be filed before the Committee;

(3) If the report is against any member of the Committee, then the Committee shall be reconstituted excluding that member;

(4) The Committee, on complaint, shall immediately enquire into the matte and shall give, in writing, its findings with clear recommendations to the employer within fifteen years of the complaint;

(5) The Committee shall hear all parties concerned including the accused and shall record oral evidence with cross examination;

(6) The employers shall make adjustment so that the accused and the complainant do not have to interaot intensively for official purposes during the enquiry;

(7) The employer may, on the recommendation of the Committee, decide to send the accused on forced leave, or suspend the accused in accordance with the prevailing laws;

(8) Retaliation from the accused against the complainant or the witness shall be strictly checked by the Committee;

(9) The Committee shall enquire into the matter in a confidential manner without any publicity;

(10) the Committee shall may recommend any minor or major penalty provided in any law for the time being in force to the person who has been found guilty of workplace harassment and adequate compensation to be paid to the aggrieved person;

(11) The employer shall enforce the findings of the Committee within fifteen days of the submission of its findings by the Committee;

7, Misconduct:- (1). Violation of this Act and the Code of Conduct for Prevention of Harassment at Workplace shall be considered as misconduct under the prevailing civil service and labour law.

8. Penalties:- (1) Any employer who fails to adopt the Code of Conduct for Prevention of Harassment at Workplace and gender harassment and hostile environment , shall be punished with a fine which may extend to fifty thousand rupees or, in default of payment thereof, with imprisonment which may extend to three months and, in the case of a continuing offence, with a further fine which may extend to five thousand rupees for every day:

(2) Any person found guilty of creating a hostile environment shall be punished with an imprisonment which may extent to six months or with fine which may extend fifty thousand rupees, or default of payment thereof, with imprisonment which may extend to six months;

(4) Any person who makes a false complaint under this Act, shall be punished with imprisonment or fine as provided in the Act for the alleged offender;

(5) Any person who aids or abets to cover the commission of any offence under this Act shall also be liable like the perpetrator of the offence.

9. Cognizance of Offence:- (1)  No court shall take cognizance of  any offence punishable under section 7 of this Act except upon a written complaint by the aggrieved person to a Magistrate having jurisdiction of the local area;

(2) The offence may be tried summarily;

(3) The offences shall be bailable.

10. Appeal:- (1). An appeal against an order passed by the committee under section shall lie before Executive District Officer (Community Development) who shall decide the appeal within thirty days of filing of the appeal;

(2) An appeal against an order passed by the Magistrate shall lie as per provisions of the Code of the Criminal Procedure 1898 and the said appeal shall be decided within two months of the filing of the appeal;

11. Rules:- (1) The Federal Government may, by official notification, prescribe Rule under the Act;

(2) The Federal Government shall develop the Code of Conduct for Prevention of Harassment at Workplace which shall be mandatory for all employers.

Statement of Objects and Reasons

 

The purpose of this Bill is to ensure a work environment where women and men can feel safe at work and to have fair accountability system for any gender harassment or abuse at the workplace.

 

Sd/-

Dr. Attiya Inayatullah

Begum Shahnaz Sheikh

Marvi Memon

Mrs. Bushra Rahman

Dr. Donya Aziz,

Member National Assembly

 

Bills submitted – Feb 24

Bills Introduce by Marvi Memon and Justice (R) Fakhar un Nisa Khokar Bill to amend section 35-A code of Civil Procedure 1908 It is herby move for leave to introduce a Bill to amend section 35-A code of Civil Procedure 1908, Sub (4) Also to introduce a bill if leave is granted. To be Introduced in the National Assembly A Bill A bill to amend section 35-A code of Civil Procedure 1908. Sub (4) after the word in respect of false & vexatious claim or defence, the following shall be added. The court shall take in to consideration the period, amount of financial losses, faced during the litigation by the other party, shall grant Compensatory Cost according to the circumstances of each case. The court may also grant damages or compensation in respect such claim or defence. Bill to amend section 6 of Anti Terrorist Act 1997 It is hereby moved for leave to introduce a Bill to amend section 6 of Anti Terrorist Act 1997, to give jurisdiction to court to try cases falling under section 335-336 of Pakistan Penal Code 1860 Also to introduce bill if leave be granted. To be introduced in the National Assembly A Bill Further to amend Section 6 Anti Terrorist Act 1997. The Following be added:- Amendment in section 6 of the Anti Terrorist Act 1997 The section 335-A and 336 Pakistan Penal Code shall be try able by Anti Terrorist Court. To be introduced in the National Assembly A Bill Whereas it is expedient to amend section 335, 336 Pakistan Penal Code 1860 for the purposes herein after is enacted as follows:- Short tile and commencement:- This act may be called the (Amendment of section 335, 336 Pakistan Penal Code Amendment Act 2009) (2) It shall come into force at once. 335-A Whoever with the intention to disfigure or deface another person by throwing Acid or by means of Fire, or using arsenic weapon, is said to cause disfigurement or defacing. Definition of Disfigurement Disfigurement Means:- A disfigurement of face or any part of the organ of the body form acid throwing, or by means of Fire or by using any arsenic weapon which impairs or injures, or deforms, the beauty, symmetry for appearance of a person. Amendment in Section 336 Pakistan Penal Code:- In Section 336 after the word Itlaf-i-salahyyat-i-udw, it is added (causes Permanent disfigurement of face or any part of the organ of the body through using acid, fire, or any arsenic weapon shall be punished for a tem which may extend to life imprisonment and a fine Rs:-500,000 (Five Lac Only) to be recoverable form his property and from his shares of property. (b) Any such offence shall be tri able in the Anti Terrorist Court. Bill to amend section 335-336 Pakistan Penal Code Act 1860 It is hereby move for leave to introduce a Bill to amend section 335-336 of Pakistan Penal Code 1860. Whoever with the intention to disfigure or deface anther person by throwing Acid or by means of Fire or using arsenic weapon, is said to cause disfigurement or defacing. Also to introduce a bill if leave is granted.

 

Dec 13 _ Women Bill

The Criminal Laws (Amendment) Bill, 2008

A

Bill

Further to amend the Pakistan Penal Code, 1860 and the Code of Criminal Procedure, 1898.

Whereas it is expedient further to amend the Pakistan Penal Code, 1860 and the code of Criminal Procedure, 1898, in the manner hereinafter provided:-

It is hereby enacted as follows:-

1. Short title and Commencement: i) This Act may be called the Criminal Law (Amendment) Act, 2008

• ii) It shall extend to the whole of Pakistan.

• 1. It shall come into force at once.

2. In the Pakistan Penal Code 1860, after Section 306 the following be added as Section 30-6-A.

306-A Dowry death

• 1. When the death of a woman is caused by any burn or bodily injury or occurs otherwise than under normal circumstances and it is shown that soon before her death she was subjected to cruelty by her husband or any relative of her husband for, or in the connection with any demand for dowry, such death shall be called dowry death and such husband or relative shall be deemed to have caused dowry death.

- 2 -

• 1. Whoever commits Criminal dowry death shall be punished within imprisonment for a term which may extend to imprisonment for life but shall not be less than seven years.

3. In the Pakistan Penal Code 1860, the following be added as Section 324-A.

Section 324-A Injury by Acid Throwing

Whoever causes any injury to any person by throwing any kind of acid on his face or any part of the body with intent to take some revenge or otherwise disfigures him in order to put him in the mental or physical agony shall be punished with imprisonment of either description which may extend to ten years but shall not be less than five years and shall also be liable to fine which may extend to five hundred thousand rupees.

4. In the Pakistan Penal Code 1860, the following be added as Section 424-A

Section 424-A Defrauding a lawful heir

Whoever fraudulently conceals a lawful female heir with an intention to deprive her of her lawful share in the inheritance of an owner of property or fraudulently poses himself as the legal heir instead of actual legal heir or alienates the property of a female owner or heir through a registered deed, a mutation or any other conveyances or a decree knowingly that it is not by the lawful heir or the owner, shall be punished with an imprisonment of either description which may extend to ten years and shall also be liable to fine which may extend to five hundred thousand rupees.

5. In the Pakistan penal Code, 1860 after Section 493-A, the following be added as Section 493-B.

Section 493-B Marriage by concealment

Whoever contracts the second or a subsequent marriage by concealing from the person with whom marriage is contracted the fact of former marriage shall be punished with imprisonment of either description for a term which may extend to ten years and shall be liable to fine.

- 3 -

6. i) That in the Code of Criminal Procedure 1898, in the Schedule II after the entry of Section 303 the following entries be inserted:-

“306-A Dowry Death May arrest Not bailable Compoundable Life Court of

without warrant Imprisonment Sessions”

ii) After entry relating section 324 the following be added:-

“324-A Causing Injury -ditto- -ditto- Compoundable R.I 10 years Court of

but shall not Sessions”

less than 5

years and

shall also be

liable to fine

which may

extend to rupees

five lacs.

iii) Afte entry relating Section 424 the following be added:-

“424-A Fraudulent -ditto- -ditto Compoundable R.I 10 years Court of

Alteration or the and shall also Sessions”

Property of a female be liable to

fine which may

extend rupees

5 lac.

iv) After entry relating Section 493 the following be added:-

“493-A Second Marriage May not arrest -ditto- Compoundable R.I. 10 years Magistrate

Without without warrant and liable to Ist Class”

permission fine upto

rupees 5 lac.

- 4 -

STATEMENT OF OBJECTS AND REASONS

Disputes regarding dowry are rampant in the society. Many offences are committed on this pretext. Secondly, in our society the practice of disfiguring women by throwing acid on her face and disfiguring her permanently has become very common. Thirdly some people in order to deprive a lawful female heir fraudulently show other woman as the lawful heir and get the property of the such transfer in their name fraudulently and the lawful female heir is permanently deprived of her rights. It has also been seen that inspite of the legal provisions the second or subsequent marriage is contracted without informing the first wife about the previous marriage and as such fraudulently contract subsequent marriage. Under Islam It is not permissible.

In order to achieve the above objects and in order to protect the right of the female who are subjected to social injustices the present Bill is being introduced.

• • • • • • • (Marvi Memon)

Member Incharge

 

Nov 11

Summary of Bills Presented by Senator Bhinder and passed in Senate , now being presented in National Assembly by Marvi Memon

 

Bills

1. Dowry and Marriage Gifts (Restriction) Bill, 2008.

• Objective of Bill: In 1967 West Pakistan Dowry (Prohibition on Display) Act, 1967 was enacted in order to place prohibition on display of the dowry at the time of marriage. This Act only prohibited the display of dowry and later on the Dowry and Bridal Gifts (Restriction), 1976 was enacted to restrict lavish expenditure on marriages. Both these enactments proved to be dead letters and could not be enforced in letter and spirit. Time has come now to restrict the lavish and unbearable expenses on marriages. The poor section of the society finds it very difficult to incur the expense on marriages of their children. This Bill is intended to restrict the expenses on dowry, bridal gifts and the presents given on marriage. Moreover it provides for easy and speedy restoration of dowry in case of the dissolution of marriage by Talaq. It will also facilitate the divorced wives and save them from the lengthy litigation. The breach of the provisions of this Act has also been made an offence punishable under the Act. The Bill intends to provide relief to the poor parents and will also save the lavish expenses on marriage.

1. Further to amend the Pakistan Penal Code, 1860 and Code of Criminal Precedure, 1898. Criminal Law (Amendment) Act, 208.

• Objective of Bill: The offence of Criminal trespass has attained alarming proportion. In urban areas the valuable property like Plots and open spaces are being trespassed and forcibly occupied by the Qabza Groups and Gangster by use of force every day. The laws abiding rightful owner or occupier are being deprived of their lawful ownership and possession by the notorious Gangster. The existing law only provides an imprisonment for three months for such an offence u/s 447 P.P.C. It is necessary to check the growing tendency of the illegal occupation by criminal trespass by the Qabza Groups. In order to achieve this end the present Bill has been introduced wherein the sentence has been enhanced, the compensation for wrong-full dispossession has been provided, the amount of the fine has been increased and the provision has been made for the restoration of the possession to the lawful owner or occupier during the pendency of the preceding as well as after the conclusion of the trial of the accused persons.

3         Further to Amend the Code of Civil Procedure, 1908. Code of Civil Procedure (Second Amendment) Act, 2008.

• Objective of Bill: Every High Court of a Province has the power U/S 24 of the Code of Civil Procedure 1908 to transfer any case pending before any Court pending in the Province to some other Court of competent jurisdiction in that Province. There is no provision in the Code of Civil Procedure or even in the Constitution for the transfer of a case pending in the lower court to a court of other province. Under Article 186-A of the Constitution, the Supreme Court is competent to transfer a case from on High Court to the other, but not a case pending in the lower Court. In the family matter, the cases between the spouses are some times filed in the Court of different provinces but those cases can not the transferred or tried by the one Court. It puts the parties to a great hardship. The Supreme Court of Pakistan in its judgment reported as 2003 S.C.M.R.115 titled as “Mst. Bushra vs. Muhammad Naeem” has desired and recommended the Federal government and provincial government to amend the relevant laws i.e. Civil Procedure Code and the Law relating to family cases for transfer of a case in such situation. This Bill has been introduced to achieve the said object.

4         Further to Amend the Limitation Act, 1908. Limitation (Amendment) Act, 2008.

• Objective of Bill: Section 12 of the Limitation Act, 1908 provides that the time requisite for obtaining the copies of the judgment and decision shall be excluded in computing the period of Limitation for filling an appeal or leave to appeal and an application for a review of judgment. The day for which this period is to be reckoned and the day on which the judgment complained of was pronounced is also to be excluded. But it is not so excluded or computed in case of Revision Petitions although a Revision Petition is required to contain the copies of the pleadings, the evidence and all the documents produced and the order of the Subordinate Court. It takes a long time to procure the attested copies of the documents and the orders. Therefore the time required for obtaining the copies of the above documents and the orders. Therefore the time required for obtaining the copies of the above documents and orders should also be excluded in case of a Revision Petition. This Bill is being introduced to achieve this object.

5         Further to Amend the Code of Civil Procedure, 1908. Code of Civil Procedure (Amendment) Act, 2008.

• Objective of Bill: It ahs come to notice that where the trial court consolidates two or more suits and decides them by one common judgment the party desirous to file appeals against the decrees is bona fide mistaken to apply to obtain the a number of copies of judgments and decrees and ultimately to file that number of appeals, as was the number of the suits which were consolidated. Most of such situations cause injustice. The right of appeal where it exists must be exercisable liberally and unthwart of procedural bottle-necks. The decision of the Supreme Court Monthly Review 979 and of the Lahore High Court in Shukar Din and others versus Nazir Ahmad 1993 Civil Law Case 1367 may be instanced in support of this legislative proposal.

6         To Provide for establishment of the Pakistan Institute for Parliamentary Services.

3          Parliament and the Provincial Assemblies are the most important institutions of the Parliamentary democracy in Pakistan. At present they have no research and training facility. The law making is a technical subject and legislators require full data to contribute their output by enacting the pieces of legislation. They must be equipped with all the material on the subject of a Bill and should have the facility of research and training. They also need help in drafting the Bills, Resolutions and other Motions. In order to facilitate them and the staff of the legislative bodies, it is necessary to establish an institute which may perform all these functions and help the legislators in producing good laws. With this end in view, this Bill is introduced.

7.               To move that the following 8 Members of the National Assembly be nominated as members of Mediation Committee for consideration and resolution of the Limitation (Amendment) Bill, 2008, passed by Senate but not passed by the National Assembly

(1) Engineer Amir Muqam                 Vice Chairman

(2) Malik Nauman Ahmad Langrial     Member

(3) Mr. Muhammad Hanif Abbasi       Member

(4) Syed Zafar Ali Shah                    Member

(5) Mrs. Yasmeen Rehman               Member

(6) Dr. Attiya Inayatullah                 Member

(7) Mr. Usman Ibrahim                    Member

(8) Miss Marvi Memon                     Member

8.               To move that the following 8 Members of the National Assembly be nominated as members of Mediation Committee for consideration and resolution of the Code of Civil Procedure (Amendment) Bill, 2008, passed by Senate but not passed by the National Assembly

(1) Mr. Muhammad Raza Hiyat Hiraj         Vice Chairman

(2) Dr. Attiya Inayatullah                          Member

(3) Bushra Resham                                  Member

(4) Begum Shahnaz Sheikh                       Member

(5) Mr. Usman Ibrahim                             Member

(6) Sheikh Waqas Akram                          Member

(7) Chaudhry Wajahat Hussain                  Member

(8) Marvi Memon                                     Member

 

  

9.               To move that the following 8 Members of the National Assembly be nominated as members of Mediation Committee for consideration and resolution of the Code of Dowry and Marriage Gifts (Restriction) Bill, 2008, passed by Senate but not passed by the National Assembly.

(1)  Sheikh Waqas Akram                         Vice Chairman

(2) Engineer Amir Muqam                         Member

(3) Syed Zafar Ali Shah                            Member

(4) Ch. Imtiaz Safdar Waraich                   Member

(5) Mr. Muhammad Raza Hiyat Hiraj          Member

(6) Mr. Mudassr Qayyum Nahra                Member

(7) Malik Nauman Ahamd Langrial             Member

(8) Marvi Memon                                     Member

 

 

Second: Language Bill, June 26 2008

(TO BE INTRODUCED IN THE NATIONAL ASSEMBLY)

 

A

 

BILL

 

Further to amend the Constitution of the Islamic Republic of Pakistan

 

            WHEREAS it is expedient further to amend the Constitution of Islamic Republic of Pakistan for the purpose hereinafter appearing:

 

            It is hereby enacted as follows:-

1.             Short title and commencement.-  (1) This Act may be called the Constitution (Amendment) Act, 2008.

 

            (2) It shall come into force at once.

 

2.             Substitution of Article 251 of the Constitution.-  In the Constitution of the Islamic Republic of Pakistan, for Article 251, the following shall be substituted, namely:-    

 

Article 251 (1) The National Languages of Pakistan are Balochi, Punjabi, Pushto, Shina, Sindhi, Siraiki, and Urdu.

(2)                 The Official language of Pakistan shall be English until arrangements are made for its replacement with Urdu within fifteen years from the commencement day.

(3)                 The Federal Government will establish a fund for the development and promotion of National languages as well as ensure that Arabic and Persian are taught as compulsory subjects at school level.

(4)                 Without prejudice to the status of the National languages, a Provincial Assembly may by law prescribe measures for the teaching, promotion and use of a provincial language in addition to the national languages.

 

 

STATEMENT OF OBJECTS AND REASONS

 

Since the popular languages of Pakistan which are Balochi, Punjabi, Pushto, Shina, Sindhi, Siraiki, and Urdu have not been given their due status in the Constitution of Pakistan and a number of popular movements are going on in the country demanding grant of National Status to these languages, therefore, it has become imperative to give those languages the status of National Language of Pakistan. Moreover, the teaching of Arabic and Persian at school level needs to be enforced so that Islam is better understood by our population and so that regionally we remain connected to our age old literary traditions of Persian. Additionally it is important that all these National languages are developed through a Federal level fund as well as provincial resources. Language promotion makes a country’s culture and history richer. The official language should continue being English till Urdu’s substitution is made possible within next 15 years.

 

2.       The instant Bills seek to achieve the aforesaid purpose.

 

 

 

 

Marvi Memon

Member National Assembly

 

First: Northern Area Constitutional Rights Bill, June 11,2008

A

 

 

Bill

 

 

 

Further to amend the Constitution of the Islamic Republic of Pakistan

 

 

 

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan, for the purpose hereinafter appearing;

 

 

                        It is hereby enacted as follows:-

 

 

1.         Short title and Commencement:        i)          This Bill may be called the Constitution (Eighteenth Amendment) Bill, 2008

 

ii)                   It shall come into force at once.

 

Amendment of      2.         In the Constitution of Islamic Republic of Pakistan 1973,

Article 1 of the                  hereinafter referred to as the Constitution in Article 1 (2) the  Constitution             following be added as (d) and the existing sub clause (d) may be 

                                     re-numbered as sub clause (e).

 

“(d)  The Province of Northern Areas comprising the districts of Gilgit, Skardu, Ghangche, Ghizer, Diamer, Astore and Hunza/Nagir.”

 

Amendment of        3.         Article 51[(1)] of the Constitution shall be substituted as

Article 51 of the                      under:-

Constitution

                                                i)   There shall be three hundred and forty six seats of the Members in the National Assembly, including seats reserved for women and non Muslims.

 

ii)  Sub Article (1A) of Article 51 of the Constitution shall be substituted as under:-

 

“(1A)  The seats in the National Assembly referred to in clause (1) except as provided in Clause (2A) are allocated to each Province, the Federally Administered Tribal Areas, The Federal Capital and the Province of Northern Areas as under:-

 

Area	General Seats	Women	Total
Balochistan	14	3	17
The North-West Frontier Province	35	8	43
The Punjab	148	35	183
Sindh	61	14	75
The Federally Administered Tribal Areas	12		12
The Federal Capital	2		2
The Northern Areas as mentioned in Article 1(2) (d)	4		4
Total	276	60	336

 

 

Amendment of        4.         After sub Article (1) (b) of Article 59 of the Constitution the

Article 59 of the                      following be added as sub Article (c) and the subsequent Sub-

Constitution                            Articles be re-numbered accordingly;

 

“(c).     Two Shall be elected from the Province of the Northern Areas as mentioned in Article 1(2) (d) of the Constitution in such manner as the President may, by order, prescribe”;

 

Addition of             5.        In the Constitution after Article 247 the following be added as

Article 247 A of                      Article 247-A.

the Constitution

“247-A.    Administration of Northern Areas:  Until the National Assembly by law, makes provision for the governance of the Northern Areas mentioned in Article 1(2) (d) of the constitution, the said areas shall be governed by the Northern Areas Governance Order 1994 issued by the Government of Pakistan.

                               

 

STATEMENT OF OBJECTS AND REASONS

 

            The Northern Areas of Pakistan comprise of districts of, Gilgit, Skardu, Ghangche, Ghizer, Diamer, Astore and Hunza/Nagir. This area was originally in Gilgit Agency and Baltistan Agency. After the creation of Pakistan Raja Shah Raees Khan President Islamic Republic of Gilgit Baltistan according to will of the people had declared its affiliation with Pakistan.

 

            In 1972 Federal Government of Pakistan assumed its administrative control as Federally Administrated Northern Areas. Subsequently, the amendments were made in 2004 and ultimately the Northern Areas Governance Order 2007 came into force which is now prevalent. According to this order the people of Northern Areas have an elected legislative Assembly, but they are not considered to be part of Pakistan. The people of Area want affiliation with Pakistan so that they may become Pakistani citizen and have Representation in National Assembly and Senate of Pakistan. In 1999 Supreme Court Monthly Review 1379, the Honourable Supreme Court of Pakistan while deciding the case of Al-Jihad Trust versus the Federation of Pakistan, directed the Federation to initiate appropriate administrative, legislative measures within a period of 6 months from today to make necessary amendments in the Constitution/Relevant Statutes/Order/Rules/Notification, to ensure that people of Northern Areas enjoy their above fundamental right namely to be governed through their chosen representatives and to have access to justice through an independent judiciary inter-alia for enforcement of their fundamental rights guaranteed under the Constitution.

 

            To fulfill the aspirations of people of Northern Areas and give them proper representation in compliance with the directions of Apex Court of Pakistan, the present Bill is being introduced.

 

 

 

 

( MARVI  MEMON )

Member Incharge