Senators from the government and the opposition sides are all set to introduce a new law to give ‘unlimited’ powers to the senate chairman regarding the appointment of any person in the Senate Secretariat and also to provide indemnity to the acts of senate employees.
Under the proposed law, the Senate chairman will exercise powers of the federal government regarding the hiring of any person in the (Senate) secretariat, while investigating agencies including NAB and FIA will not take action against the employees of the secretariat.
“No suit, prosecution or other legal proceedings shall lie against an employee for anything done in his official capacity which is in good faith done or intended to be done under this act or the rules, instructions or directions made or issued, or adopted from time to time,” according to the proposed Senate Secretariat Services Act, 2017.
Jointly drafted by the legislators of the upper house belonging to different political parties, the act proposes to give ‘extraordinary’ powers to the (Senate) chairman regarding the hiring of any person for (Senate) secretariat and also to regulate the services of recently-recruited 23 clerks of the parliaments on BPS 17.
“Provided that the powers of the federal government shall be exercised by the chairman, with such additions, enhancements, modifications, variations or exceptions, as he may deem fit, in concurrence with the Finance Committee,” the proposed act said. On December 22, Senate’s Finance Committee had already given ‘unlimited’ powers to the chairman regarding the hiring of any person on BPS 17 and above.
The committee authorised the chairman to hire persons on market scales or hire the services of professionals for specific jobs and duration on market rates with such modification/relaxation in qualification and experience as required to hire the suitable professionals. Similarly, the committee approved the proposal to change the degree qualification requirement, as well as the length and type of experience for hiring persons in the (Senate) secretariat against BS-17 and above posts.
Surprisingly, the proposed law has been drafted now to meet the constitutional obligation mentioned under the clause (2) of the Article 87 that the Majils-e-Shoora (parliament) may by law regulate the recruitment and conditions of the service of persons appointed to the secretariat staff of either House.
Till date, the affairs of the Senate are being run under the Senate Secretariat (Recruitment) Rules, 1973, which were framed with the approval of the president under Clause (3) of the Article 87. However, the senators have finally drafted the Senate Secretariat Services Act, 2017 to meet the constitutional obligation.
It is also learnt that members of the National Assembly (NA) will draft a same bill to streamline the services of employees working in the NA Secretariat and to provide them a lucid path. And, the NA speaker after the passage of a bill will also be given ‘unlimited’ powers regarding the appointment of any person in the NA secretariat as the Senate chairman is about to obtain.
Senators including Raja Muhammad Zafarul Haq, Aitzaz Ahsan, Mushahid Hussain Syed, Hasil Bizenjo, Taj Haider, Tahir Hussain Mashhadi, Azam Swati, Ilyas Bilour, Talha Mahmood, Usman Kakar, Israrullah Zehri, Sirajul Haq, Muzaffar Hussain Shah and Hidayatullah have jointly drafted the Senate Secretariat Services Act, 2017.