During 319^th session, the Senate passed 5 bills. Out of these 3 private members’ bills were introduced in the Senate and 2 government bills were received from the National Assembly.

The three (3) private members’ bills which were passed on August 1, 2022 included the following: The Payment of Wages (Amendment) Bill, 2022 introduced by Senator Mohsin Aziz (KP, PTI) and deals with transfer the employee wages in their bank accounts to reduce the complaints of non-payment or lesser payment of minimum wage to employees; The Price Control and Prevention of Profiteering and Hoarding (Amendment) Bill, 2022 tackles what is termed as wrongdoings of the business community and introduces whistle blow mechanism in to ensure consumer protection and was introduced by Senator Mohsin Aziz; the Prevention and Rehabilitation of Vagrants Bill, 2022 seeks to prevent exploitation and crimes caused by vagrancy in Islamabad Capital Territory and was introduced by Senator Seemee Ezdi (Punjab, PTI). The latter bill further provides model legislation to produce a rehabilitation framework to enable main-streaming of beggars, destitute and homeless persons, by providing care, protection, shelter and welfare.

The two government bills which were passed during the session included The Public Private Partnership Authority (Amendment) Act, 2022 on August 4 and The National Accountability (Second Amendment) Act, 2022 which was passed on August 11, 2022.

The Public Private Partnership Authority (Amendment) Act, 2022 sought to avoid delay in Sialkot-Kharian Motorway project. The board of the Public Private Partnership Authority approved “Sialkot-Kharian Motorway project by authorizing National Highway Authority to procure the project through competitive bidding under Public Procurement Rules 2004. Meanwhile the Public Private Partnership Authority (Amendment)Act, 2021 was passed by the Parliament which raised a legal question on the approval process. Therefore, to avoid delay on the project saving provision was added along with other amendments. It was first promulgated as an ordinance on August 24, 2021 by the President and was extended from the National Assembly on December 30, 2021 for a period of 120 days with effect from December 22, 2021. It lapsed on April 21, 2022 and was passed by the National Assembly on June 6, 2022 and from the Senate on August 4, 2022, taking almost 8 months to become an act of parliament on September 1, 2022.

The National Accountability (Second Amendment) Act, 2022 was passed despite strong protests by the opposition parties, especially by the PTI senators who termed the legislation an attempt to turn the National Accountability Bureau (NAB) into a “toothless” organization. However, the government stressed that the amendments were in the public interest. This act was passed by the National Assembly on August 3, 2022 and on the very next day it was passed from the Senate also. President gave his assent to the bill on August 11, 2022 when it became an Act of Parliament.

Statement of Objects and Reasons of the National Accountability (Second Amendment) Act, 2022 states that the purpose of the second amendment is to exclude private transactions from the scope of the National Accountability. Through the proposed amendments, pecuniary jurisdiction of the NAB has been fixed to take only action against mega scandals. Supplementary references can only be filed with the permission of the court to expedite the proceedings of the court within one year. The proposed amendment lays down that the investigation officers shall not harass any person at the time of investigation or inquiry and confine his question relevant to the investigation or inquiry or for the extracting evidence and that the accused must be informed whether he has been summoned in the capacity of accused or witness and information be given to him to enable him to give his evidence. Section 25 is related to protect the interest of the Government that in case persons entering into plea bargain fail to make payment pursuant to the payment approved by the court, the plea bargain agreement will become infructuous.[1]

The National Accountability Act was first amended during the fourth parliamentary year as The National Accountability (Amendment) Act, 2021 (Act No. XX of 2021). The key amendment related to the Prosecutor General (Accountability) to hold the position for three years with the eligibility to be re-appointed for the similar term. Substantive changes in the NAB law were later passed in a joint sitting of the Parliament held on June 09, 2022. In addition to providing exemptions to certain holders of public office, a mechanism for establishment of accountability courts and judges and their removal was introduced in order to curb delays in the trial procedure, recording of evidence through electronic audio-video devices and video-link was allowed and trial courts were given the power to grant bail. The revised law also reduced the 4-year term of NAB chair, set the prosecutor general’s term to three years and stated that upon completion of the non-extendable term of 3 years of the chair of NAB, deputy chair will continue in office until the appointment of the new chair. The amendment removed regulatory bodies out of NAB’s domain adding that “all pending inquiries, investigations, trials or proceedings under this ordinance, relating to persons or transactions … shall stand transferred to the concerned authorities, departments and courts under the respective laws.” The amendment had also set a three-year term for the judges of the accountability courts and made it binding upon the courts to decide a case within one year. The amendment was passed with retrospective effect and stated that it “shall be deemed to have taken effect on and from the commencement of the National Accountability Ordinance 1999.” The president, however, refused to sign this amendment and questioned whether the amendment was “regressive in nature” and promoted corruption by ensuring that the long arm of the law was crippled.”[2] However, it became an Act of Parliament on June 22, 2022 under section 75 (2) of the Constitution of the Islamic Republic of Pakistan.

Government bills passed by the Senate that were transmitted by the National Assembly

No other government bill was introduced during the session while 5 Private Members bills were introduced and all of them were referred to the concerned committees. List of these bills is given in Appendix C.

No Ordinance was extended or laid during the session.

Four (4) resolutions were unanimously passed by the Senate during the session. Out of these 4 resolutions, two (2) were moved by Senator Sana Jamali (Balochistan, Independent). First resolution was moved on August 1, 2022 to express sympathy and solidarity with the bereaved families of the persons who have lost their lives in the recent floods in the country especially in Balochistan. The resolution assured full support to them. The House also recommended to waive off the agriculture loans and increase in the compensation to mitigate the sufferings of the affected people. [3]  The second resolution was moved on August 4, 2022 to pay tribute to the outstanding leadership of the Quaid-e-Azam Muhammad Ali Jinnah for his historic role in the creation of Pakistan. No member spoke on these two resolutions and both the resolutions were passed unanimously by the House.

The third resolution was moved by Senator Azam Nazeer Tarar, (Punjab, PML-N) Leader of the House on August 5, 2022 recalling 5^th August 2019 as ‘black day’ when the BJP led Indian Government abrogated Articles 35-A and 370 of India’s constitution and took away the autonomy of Jammu and Kashmir dividing the state into two Union territories. Five (5) other members spoke on the resolution spanning a time of 22 minutes.

The fourth resolution was moved by Senator Sarfaraz Ahmed Bugti (Balochistan, BAP) on August 5, 2022 to pay tributes to martyred Lt. Gen. Sarfraz Ali Commander 12 Corps Quetta, Maj. Gen. Amjad Haneef, Brig. Mohammad Khalid, Maj. Saeed Ahmad, Maj. Muhammad Talha Manan and Naik Mudassar Fayyaz who lost their lives in the line of duty as a result of a tragic helicopter crash while monitoring the flood relief operations in Balochistan on August 1, 2022. No member spoke on the resolution and the resolution was not opposed and passed unanimously by the House.

Points of Public Importance

The main point of public importance discussed during the session was destructions caused by floods due to heavy rains in Pakistan. Out of total working hours of 12 hours and 7 minutes during the session, the Senate devoted 1 hour and 30 minutes during the session to havoc caused by floods. On July 29, 2022, eight members spoke on the issue for 39 minutes. While on August 1, 2022 nine members spoke on the issue and spent 37 minutes. Similarly, on August 4, 2022 two members spoke on this issue and discussion spanned over a total of 14 minutes. The main concern of the members was that the government should take more steps to resolve the issues of the affected and provide them with basic facilities including food, shelter and rehabilitation. No discussion was held on floods on August 5, 2022.

On July 29, 2022 Senator Dr. Shahzad Waseem, (Punjab, PTI) Leader of the Opposition raised an issue which he termed as alteration in budget documents and he accused the government of violating Article 73 of the Constitution by failing to lay the real budget document before the house. Two (2) other members spoke on it and discussion spanned over a total of 28 minutes.

On August 4, 2022, Senator Ejaz Ahmed Chaudhary (Punjab, PTI) spoke regarding PTI Protest against Election Commission of Pakistan and criticized the ECP’s decision on PTI prohibited funding case and said that many of overseas Pakistanis had been shown as foreigners in the ECP order on prohibited funding. Senator Nisar Ahmed Khuhro (Sindh, PPPP) criticized the PTI for its insistence that prohibited funding cases against all political parties should have been clubbed together. He also rejected the criticism against the Chief Election Commissioner and said that he was appointed by the PTI itself[4]. Total 9 member spoke on the issue for almost 1 hour.

Other issues that were raised during the session for a brief time included difficulties in registration of Companies with the SECP, alleged illegal land grabbing by a private Housing Society, Top City, attitude of Acting Governor of the State Bank of Pakistan and lack of efficiency/accountability of few police stations in Balochistan. Recent drone attack on August 1, 2022 in Afghanistan in which Al Qaeda leader Ayman al-Zawahiri was killed was also discussed, in addition to killing of a youth Shamshad Kakar in Balochistan and protests against the target killings in Waziristan.

Motions under Rule 218 of Rules of Procedure and Conduct of Business in the Senate

On August 1, 2022 five motions were moved. Three out of 5 motions were deferred while 2 motions were discussed. Senator Mushtaq Ahmed (KP, JIP) moved the motion to discuss the implementation on historical judgment of Federal Shariat Court given on April 28, 2022 to eliminate interest from entire economic system of Pakistan within five years span. Two other members also spoke on the motion. The motion was talked out for 19 minutes. The other motion was moved by Senator Seemee Ezdi (Punjab, PTI) to discuss the need and incentives for converting public and private buildings in Islamabad Capital Territory on solar energy in order to promote green energy. Eleven minutes were used in discussion of this motion.

Presentation of Annual Reports

During 319^th session, only one annual report, Annual Report 2021 of the Election Commission of Pakistan, was laid on July 29, 2022. However, no discussion was held on this report as required by section 157 of Rules of Procedure and Conduct of Business in the Senate, 2020. This report is also not uploaded on the website of the Senate.

Questions & Answers

 During 319^th session, the following questions were asked and their replies were given.

1. Senator Dost Muhammad Khan (KP, PTI) questioned about missing files of many houses in various sectors of Islamabad due to the negligence of CDA officials and asked for the details of all reportedly missing files. Senator Azam Nazeer Tarar replied that due to investigations from different offices including FIA, NAB, Audit, sometimes the files are misplaced, which are traced later on. However, in multiple cases different inquiries have been held and officials are also suspended and dismissed from service in the matter. He said different components of the same file are also maintained in different offices like Building Control Directorate, Revenue Directorate and Planning Wing from where these missing files are constructed. Senator Engr. Rukhsana Zuberi (Sindh, PPPP) asked a supplementary question on why files are still being managed physically even after having Electronic Government Directorate established 15 years ago by spending millions of rupees. Senator Tarar responded that the government is working on it.
2. Senator Fawzia Arshad asked a question about whether it is a fact that 38% of population in Islamabad lives in slums having no access to basic health facilities including child vaccination, safe drinking water and sanitation and, if so, its reasons must be provided to the Senate especially the steps being taken for provision of public health facilities in ICT slum areas. Senator Shahadat Awan (Sindh, PPPP), Minister of State, Law and Justice replied that the CDA has installed clean drinking water filtration plants in all Sectors of the ICT and population of slums are using the same for clean drinking water. EPI vaccination is also provided to residents of slum areas through public health facilities and mobile services. In a supplementary question, she also asked about the details of illegal water connections in Islamabad during the last three years and the steps taken by the government against the people involved in these illegal connections. Senator Shahada Awan replied that notices were issued to the people involved in illegal activity and total 215 illegal connections/hydrants commercial including residential units were disconnected & imposed fine through Senior Special Magistrate, CDA as well as Assistant Commissioner (ICT), Islamabad and also sealed.
3. Senator Mushtaq Ahmed (KP, JIP) inquired about number of retired personnel from Armed Forces of Pakistan working in NADRA, their designations, contract period and perks. He also questioned when there are many young PhD experts available, why the retired army persons are hired in the NADRA. Minister of State, Law and Justice, Senator Shahadat Awan said out of 19161 employees of NADRA, 1109 (5.78%) are from armed forces which are employed on contract. They have more experience and also they are inducted on merit.
4. Senator Mushtaq Ahmed also questioned about closure of transportation at Lower Dir and Bajaur at Pak-Afghan border and suggested to open cross border trades and provide facilities to the traders in order to expedite trade activities. The matter was referred to the committee for discussion.
5. He also questioned from the Federal Minister Interior about the province-wise details of number of transgenders registered with the NADRA and the number of transgenders who applied and were issued National Identity Cards (NIC) from June, 2018 to February, 2022. Minister of State, Law and Justice, Senator Shahadat Awan replied that total 2943 transgenders are registered with NADRA and 1166 applied and 1143 were issued NIC during this period.
6. Senator Mushtaq Ahmed also asked from the Federal Minister of Interior about the number of complaints received by Federal Investigation Agency from January 1, 2021 to December 31, 2021 regarding cybercrimes and time taken in investigation and action taken against culprits. Senator Shahadat Awan replied that during this tenure, FIA Cyber Crime Wing received 102,772 complaints, out of which verification of 80,803 complaints has been completed. 15,973 enquiries have been registered on verified complaints while 1,213 enquiries have been converted into cases. Complete challans of 591 of the registered cases have been submitted in court of law. 1,306 criminals were arrested in the registered cases.
7. Senator Seemee Ezdi asked about budget allocation to environment wing of CDA during FY 2021-22. Senator Shahdat Awan replied that Rs. 472.196 (Million) have been allocated to Development Division (G&P) and Landscape Division, Directorate of Parks (West), Environment Wing, CDA.
8. Senator Danesh Kumar (Balochistan, BAP) asked a question about steps being taken by the Government to ensure en-route security and immigration facilitation to Zaireen at border crossing points between Iran and Pakistan. Senator Shahadat Awan replied that all relevant civil and military departments are providing security to Zaireen Convoys during move from Quetta to Taftan and back (632 kms each side) while FIA Balochistan is providing the facility of immigration at the border.
9. Senator Palwasha Mohammad Zai Khan (Sindh, PPPP) questioned about the detail of terrorist organizations involved in terrorist activities in Pakistan during past three years. Senator Shahadat Awan responded that there are 23 organizations that were involved in terrorist activities during 2019-2021.
10. On August 4, 2022, during the session Senator Bahramand Khan Tangi (KP, PPPP) asked a question from the Minister In charge of the Cabinet Division about the present status of the Naya Pakistan Housing scheme indicating the number of housing units built and handed over to the allottees under the said scheme. Senator Shahadat Awan responded that 3,564 low-cost Housing Units (LCU) and 18,499 of Akhuwat Foundation have been completed. 150,712 LCUs are under construction and planned all over the Country. Balloting for 1,508 LCUs in Zone-V, Islamabad; 4,000 LCUs of LDA City Lahore; 2,000 LCUs of Farash Town, CDA, Islamabad; 839 LCUs of Raiwind, Sargodha and Chiniot and 300 LCUs of PHA Housing Scheme, Jalozai, Nowshera, KP have been conducted. The cases of 9,563 applicants successful in balloting for under-construction housing units are in process for housing finance loans. On supplementary questions asked by Senator Danesh Kumar and Senator Engr. Rukhsana Zuberi about the status of low-cost housing schemes in Quetta and Sindh, Minister of State, Law and Justice, Senator Shahadat Awan responded that low-cost housing schemes are also working in Quetta and Sindh respectively. Senator Bahramand Khan Tangi also questioned from the Minister for Housing and Works about the reason of low rental ceilings of Government employees BS-1-2 than the rental ceilings of employees in BS-3-6 which are not sufficient to hire accommodation in Rawalpindi and Islamabad and asked whether there is any proposal under consideration to equalize the rental ceiling of BS1-2 & BS-3-4 of Government employees. Senator Shahadat Awan replied that it is a fact that the existing rental ceiling of Government employees in BS-1-2 scale is extremely low as compared to employees in BS-3-6, which is not sufficient to hire any accommodation in Rawalpindi or Islamabad. He said that the problem can be resolved if rental ceiling for hiring of residential accommodation of Government employees in BS-1-10 scale is at the same rate. He also said that as of now there is no such proposal under consideration to equalize the rental ceilings because of financial constraints. Senator Bahramand Khan Tangi asked a question from the Minister for Housing and Works about the illegal occupation of Sector G-14/1 for past more than 15 years and the developmental work carried out by the Government for those illegal occupants. Senator Shahadat Awan responded that affectees of this area had approached Islamabad High Court (IHC) with the plea to assess/measure illegal built-up properties (BUPS) along-with GIS based old and genuine BUPs. The matter remains subjudice as the IHC is hearing the case on regular basis. The IHC has directed to finish measurement of BUPS of Sector G-14/2 first. The Government has not executed any works in this area.
11. Senator Kamran Murtaza (Balochistan, JUIP) asked a question from the Minister for Information Technology & Telecommunications about the lack of internet services in remote areas of Balochistan which the Government had already committed to provide. Senator Shahadat Awan replied that in remote areas of Balochistan where 3G internet facility is available, the government is upgrading it and discussions are under process with Universal Service Fund (USF) to provide internet everywhere in Balochistan. Senator Sarfaraz Ahmed Bugti (Balochistan, BAP) disagreed with the data presented by Senator Shahadat Awan and said there are many areas of Balochistan where there is no availability of internet services and even 2G or 3G is not available in some remote areas. He suggested to refer the matter in the committee for further discussion and clarity.
12. Senator Bahrmand Khan Tangi asked a question from the Minister for Energy (Power Division) about the increase in the prices of electricity during past three years and the reason why the circular debt has increased despite hike in electricity prices. Mr. Khurram Dastgir Khan, Federal Minister, Power responded that delay in passing of generation cost and in notification of quarterly adjustment in tariff, unpaid subsidies, non-payment by K-electric and markup charges billed by IPPs are the major reasons of increasing circular debt.
13. Senator Tangi questioned from the Minister for Water Resources regarding the rate fixed for land acquisition in Mohmand Agency for construction of Mohmand Dam and said that the land owners are reluctant to accept that rate fixed for land acquisition. Senator Shahadat Awan responded that Rates fixed for the land acquisition in Mohmand Agency for the construction of Mohmand Dam are 460,000/- rupees per acre for barren land while 920,000 per acre for agriculture land that were decided and finalized by the land acquisition committee. It is a fact that land owners received payments under protest. But they have the legal right to approach Referee Court for enhancement of the rates. Senator Muhammad Azam Khan Swati questioned is there any delay in working on Mohamand Dam? Senator Shahdat Awan replied there is no delay and the work is in progress. Senator Bahramand Khan Tangi also asked a supplementary question that how many from affectees are given jobs where Dams are constructing. Senator Shahadat Awan replied that there are total 1865 people from Mohmand who are working on Dam.
14. Senator Tangi asked a question from the Minister for Energy (Petroleum Division) about the volumetrical gas losses suffered by SNGPL and SSGCL due to the theft/illegal connections in the country during past three years and the details of CNG stations and industries whose connections were disconnected due to their involvement in theft/illegal connections of gas. Senator Musadik Masood Malik, Minister of State, Petroleum, responded that 35 CNG connections and 73 Industrial connections are disconnected in Punjab and KP while no actions are being taken in Sindh and Balochistan. In a supplementary question Senator Taj Haider (Sindh, PPPP) raised a concern of the leakage of pipeline of Sui Southern Gas causing 30% loss of the gas and requested the Minister of State to resolve this issue, on which Senator Malik replied that as per official information, leakage is at 15% but agreed that there is a dire need to address this issue.

 

References

[1] “The National Accountability (Second Amendment) Act, 2022”, Senate of Pakistan, accessed September 29, 2022. https://senate.gov.pk/uploads/documents/1659674360_808.pdf

[2] National Accountability (Amendment) Bill, 2022, accessed September 29, 2022. https://www.scribd.com/document/579003397/President-does-not-sign-NAB-Amendments-Bill-2022

[3] Senate of Pakistan, accessed October 10, 2022. https://senate.gov.pk/uploads/documents/1659694382_165.pdf

[4] Iftikhar A. Khan, “NAB bill passed amid PTI uproar”, Dawn Online, August 5, 2022, accessed October 10, 2022. https://www.dawn.com/news/1703342/nab-bill-passed-amid-pti-uproar