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Senate (Election) (Amendment)

Ordinance, 2002

 

An ordinance further to amend the Senate (Election) Act, 1975

 

 WHEREAS it is expedient further to amend the Senate (Election) Act, 1975 (LI of 1975), for the purposes hereinafter appearing;

 

 AND WHEREAS the President is satisfied that the matter requires immediate action;

 

 NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the 14TH day of October, 1999, the Provisional Constitution Order No. 1 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:-

 

 1.        Short title and commencement.-       (l) This Ordinance may be called the Senate (Election) (Amendment) Ordinance, 2002.

            (2)        It shall come into force at once.

 

2.         Amendment of section 2, Act LI of 1975,- In the Senate (Election) Act, 1975 (LI of 1975), hereinafter referred to as the said Act, in section 2, after clause (C), the following new clauses shall be inserted, namely:-

(cc)  “Commission” means the Election Commission;

(ccc)  “Commissioner” means the Chief Election Commissioner:”

 

 3.        Amendment of section 11, Act LI of 1975.-  In the said  Act, in section II,-

 (a)       for sub-section (2), the following shall be substituted, namely:

 

 ”(2)   Every nomination shall be made by a separate nomination paper in the prescribed form signed

both by the proposer and the seconder and shall, on solemn affirmation made and signed by the candidate, accompany-

 

 (a)       a declaration that he has consented to the nomination and that he fulfils the qualifications specified in Article 62 of the Constitution and is not subject to any of the disqualifications specified in Article 63 thereof or any other law for the time being in force for being elected as a member;

 

 (b)       a declaration about his party affiliation if any;

 

 (c)       a declaration that no loan for an amount of two million rupees or more, obtained from any bank, financial institution, cooperative society or corporate body in his own name or in the name of his spouse or any of his dependents, or any business concern mainly owned by him or the aforesaid; stands unpaid for more than one year from the due date, or has got such loan written off;

 

 (d)       a declaration that he, his spouse or any of his dependents or a business concern mainly owned by him or the aforesaid, is not in default in payment of government dues or utility charges, including telephone, electricity, gas and water charges of an amount in excess of ten thousand rupees, for over six months, at the time of filing of nomination papers;

 

 (e)       a statement specifying his educational qualifications, occupation, National Identity Card number and National Tax Number, if any, along with attested copies thereof; and

 

 (f)        a statement of his assets and liabilities and those of his spouse and dependents on the prescribed forms as on the preceding thirtieth day of June;

 Explanation.- For the purpose of this section,the expression-


(i)         “loan” shall mean any loan, advance, credit or finance obtained or written off on or after the 31st day of December, 1985, but shall not include the loan the recovery of which has been stayed or suspended by any order of a court or tribunal, including the High Court and the Supreme Court.

 

(ii)        “mainly owned” shall mean holding or controlling a majority interest in a business concern;

 

(iii)”taxes” including all taxes levied by Federal Government, Provincial Government or a local government, but shall not include taxes that recovery of which has been stayed of suspended by any order of a court or tribunal;

 

(iv)       “government dues an utility charges” shall, inter alia, include rent, charges of rest houses or lodges owned by the Federal Government, Provincial Governments, local governments or corporations established or controlled by such governments, but shall not include the government dues and utilities charges the recovery of which has been stayed or suspended by any order of a court or tribunal.”; and

 

(b)        after sub-section (5), the following new sub-section shall be added, namely:

“(6) The nomination form and accompanying declarations and statements shall be open to inspection by the public, and copies thereof may be made available by the Commission in such manner and on payment of such fee as may be prescribed”.

 

4.         Amendment of section 13, Act LI of 1975.- In the said Act, in section 13,

(a)        in sub-section (3), in clause (c) after the words” complied with”, the words” or submits any false or incorrect declaration or statement in any material particular” shall be added;

 

(b)        after sub-section (3), amended as aforesaid, the following new sub-sections shall be inserted, namely:-

“(3A) Notwithstanding anything contained in sub-section (3), where a candidates deposits any amount of loan; tax or utility charges payable by him before rejection of his nomination paper on the ground of default in payment of such loan, taxes or utility charges such nomination paper shall not rejected for default thereof.”;

 

(c)        in sub-section (5),-

 

(i)         after the word” Commissioner”, occurring for the first time, the words “or a member of the Commission authorized by the Commissioner” shall be inserted;

(ii)        after the word “Commissioner”, occurring for the second time, the words and commas “or such member, as the case may be,” shall be inserted;

(iii)       for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:

 

“Provided that where a nomination paper is rejected by the Returning Officer on the ground that the candidate is a defaulter of loan or taxes or government dues or utility charges or has had the loan written off and the candidate pays such loan or, as the case may be, taxes, government dues or utility charges or the written off loan on or before the last date fixed for disposal of appeals and satisfies the Member of the Election Commission that such payment has been made, this nomination shall be treated as having been accepted on that ground.”; and

(c)        after sub-section (5), amended as aforesaid, the following new sub section shall be added, namely:-

“(6) If the member of the Commission referred to in sub-section(5), is , on the basis of information or material coming to his knowledge from any source, satisfied that a candidate whose nomination paper has  been accepted is-

(a)        a defaulter of loans, taxes, government dues or utility charges or has had any loan written off or is subject to any other disqualification from being elected as a member of Senate, he may, on his own motion, call upon such candidate to show cause why his nomination should not be rejected, and if he is satisfied that the candidate is defaulter as aforesaid or has had a loan written off or is subject to any disqualification, he may reject his nomination paper.”

 

5.         Amendment of section 24, Act LI of 1975.- In the said Act, in section 24, after sub-section (2), the following new sub-section shall be added, namely:-

“(3) Every returned candidate shall, within five days from the date of election, submit return of election expenses in accordance with the provisions of section 29.”.

 

6.         Substitution of section 25, Act LI of 1975.- In the said Act, for section 25, the following shall be substituted, namely:

“25. Declaration of result of election.- On receipt of the returns of the election under sub-section (3) of section 24, the Commission shall publish in the official Gazette the names of the returned candidates:

Provided that the name of a candidate shall not be published who fails to submit the return of election expenses as required by sub-section (3) of section 24.”.

 

7.         Insertion of new sections 25A, Act LI of 1975.- In the said Act, after section 25, substituted as aforesaid, the following new section shall be inserted, namely:-

“25A. Yearly submission of statements of assets and liabilities. (1) Every member shall, in the prescribed form, submit a statement of assets and liabilities of his own, his spouse and dependents annually to the Commissioner by the thirtieth day of September each year.

 

(2)        The statements of assets and liabilities submitted under sub-section (1) shall be published in the Official Gazette and copies thereof can be obtained on payment of prescribed fee.

 

(3)        The Commission shall by the fifteenth day of October each year, notify the names of the members who fail to file statements of assets and liabilities within the period specified in sub-section (1) and, by an order, direct that such member shall cease to function till such statement is submitted.

 

(4)        Where a member submits the statement of assets and liabilities under sub-section (1) which is found to be false in material particulars, he may be proceeded under section 62 for committing the offence of corrupt practice.”.

 

8.         Amendment of section 28, Act LI of 1975.-In the said Act, in section 28;-

(a)        in sub-section (3), for the word” five” the word” one million and five hundred” shall be substituted; and

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