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Parliament Secretariat Act, 1994

Act No.8 of 1994

An Act made to establish the secretariat of Parliament and to regulate the recruitment and condition of service of its officers and employees for the purpose of carrying out the provision of article 79 of the Constitution of the People's Republic of Bangladesh

Whereas it is expedient to establish the secretariat of Parliament and to regulate the recruitment and conditions of service of its officers and employees for the purpose of carrying out the provision of paragraph 79 of the Constitution of the People's Republic of Bangladesh;

Now, therefore, it is herewith enacted as follows:-

1. Short title.- This Act may be called the Parliament SecretariatAct, 1994.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

a) "Commissions" means the Bangladesh Public Service Commissions;
b) "officer or employee" means officer or employee appointed to the secretariat of Parliament;
c) "Chief Whip" means Chief Whip of the Parliament;
d) "rule" means any rule made under this Act;
e)"Deputy Leader of the Opposition" means any person nominated by the Leader of the Opposition as Deputy Leader of the Opposition in Parliament;
f) "Leader of the Opposition" means the Member of Parliament who is in the opinion of the Speaker momentarily the leader of the party or, as the case may be, group in Parliament with the highest number of Members opposing the Government;
g) "Secretary" means the Secretary of the Parliament Secretariat or any person temporarily discharging his duties;
h) "Speaker" means the Speaker of the Parliament or the person who temporarily holds the office of theSpeaker in accordance with article 74 of the Constitution;
i) "Parliament" means the National Assembly;
j) "Deputy Leader of the Parliament" means any Member of the Parliament nominated by the Prime Minister as Deputy Leader of the Parliament;
k) "Leader of the Parliament" means the Prime Minister;
l) "Parliament Secretariat" means secretariat of the National Assembly;
m) "Parliament Secretariat Commission" means the Parliament Secretariat Commission constituted under section 7 of this Act;
n) "Member of the Parliament" means any Member of the Parliament; and
o) "Whip" means any Whip in the Parliament.

4. Duties and functions of the Parliament Secretariat.- (1) The Parliament Secretary shall discharge all necessary secretarial duties for the Parliament and shall perform all functions imposed on it by the Rules of Procedure of the National Assembly of the People's Republic of Bangladesh.
(2) In particular and in addition to the duties and functions mentioned in sub-section (1), the Parliament Secretariat shall discharge the following duties and perform the following functions, namely:-

a) on consultation with the Leader of the Parliament, the secretarial work relating to the summoning and adjournment of sittings of the Parliament;
b) the conduct and management of the Parliament Secretariat Library;
c) the convocation of, rendering secretarial assistance to and preparation of the minutes of proceedings of the permanent and all other Committees of the Parliament;
d) the writing down, editing. printing and publishing of the minutes of proceedings of the Parliament;
e) rendering Members of the Parliament the assistance necessary for the discharge and performance of their parliamentary duties and functions;
f) taking care of residential matters etc. of Members of the Parliament;
g) supervision and improvement of the cafeteria of the Parliament;
h) duties connected with the payment of remunerations and allowances etc. to the Speaker, Deputy Speaker, Chief Whip, Leader of the Opposition, Deputy Leader of the Parliament, Deputy Leader of the Opposition, Whips and Members of the Parliament;
i) the supply of the furniture of the residences of the Members of the Parliament;
j) contact with the Interparliamentary Union, the Parliaments of the countries included in the Commonwealth Parliamentary Association and SAARC;
k) on consultation with the minister in charge of the Ministry of Parliamentary Affairs, performing all duties connected with the exchange of parliamentary representatives with various countries on the basis of the International Parliamentary Convention or on bilateral basis;
l) allotment of the residences reserved for the officers and employees of the Parliament Secretariat;
m) arrangements for the internal security of the Parliament Secretariat;
n) adoption and implementation of development plans relating to the Parliament Secretariat.

6. Working method of the Parliament Secretariat.- (1) The Parliament Secretariat may communicate directly with any ministry, department, record office or office of the Government or with any other institution.
(2) The Speaker shall, by rule or by permanent order, provide for the allotment of the duties and the conduct of the Parliament Secretariat.

7. Parliament Secretariat Commission.- (1) There shall be a Parliament Secretariat Commission which shall consist of the following members, namely:-

a) the Speaker, who shall also be its Chairman;
b) the Prime Minister or any Member of the Parliament appointed by him in this behalf;
c) the Leader of the Opposition or any Member of the Parliament appointed by him in this behalf;
d) the Minister in charge of the Ministry or Department of Parliamentary Affairs or any Member of the Parliament appointed by him in this behalf;
e) the Minister of Finance or any Member of the Parliament appointed by him in this behalf.

8. Budget of the Parliament Secretariat.- (1) The Speaker shall, at least three months before the commencement of every financial year, have prepared a statement in which shall be stated the estimated expenditure of the Parliament Secretariat for the said year.
(2) The statement mentioned in sub-section (1) shall contain the remunerations and allowances etc. due to the Speaker, Deputy Speaker, Chief Whip, Leader of the Opposition, Deputy Leader of the Parliament, Whips and Members of the Parliament and the wages and allowances etc. due to the officers and employees appointed to the Parliament Secretariat and the administrative expenditures for the Parliament Secretariat and the residences of the Members of the Parliament.
(3) The Speaker may send the statement mentioned in sub-section (2) to the Minister of Finance for combining it with the annual financial statement of the Government.
(4) The wages and allowances of the officers and employees of the Parliament shall be expenditures incumbent on the funds connected with all the administrative expenditures of the Parliament Secretariat.

9. Budget.- Responsibility of the Parliament Secretariat regarding approved expenditures: In the case of expenditure of money alloted in the annual budget for the Parliament Secretariat, the Parliament Secretariat shall, through the Controller and Auditor-General, be responsible only to Parliament.

10. Recruitment of the officers and employees of the Parliament Secretariat.- (1) The officers and employees of the Parliament Secretariat shall be recruited in such manner as may be prescribed by rules:
Provided that the said officers and employees shall be recruited in accordance with the Parliament Secretariat Officers and Employees Recruitment Rules, 1982, until the said rules have been made.
(2) Officers and employees performing services in the Parliament Secretariat, excepting officers and employees obliged to perform services in the said Secretariat, immediately before the commencement of this Act shall, on the commencement of this Act, be deemed to be officers and employees of the said Secretariat.

11. General conditions of service.- Subject to the provisions of this Act, the conditions of service applicable in the case of public officer and employees appointed to nonpermanent offices of the republic shall be applicable in the case of all officers and employees appointed to the Parliament Secretariat.

12. Provision regarding wages, etc.- The Acts and rules regarding wages, allowances, leaves, provident funds, gratuities, pensions and other privileges of service applicable in the case of public officers and employees shall, with such adaptations as may be required, be applicable in the case of officers and employees appointed to the Parliament Secretariat.

13. Disciplinary measures.- The disciplinary measures which may be taken against officers and employees appointed to the Parliament Secretariat shall be prescribed by rules:
Provided that the laws and rules regarding discipline and appeals applicable in the case of public officers and employees shall, with such adaptations as may be required, be applicable in the case of officers and employees of the Parliament Secretariat until rules under this section have been made.

14. Speaker responsible to the Parliament.- The Speaker shall be responsible to the Parliament for all activities of the Parliament Secretariat.

15. Administrative duties of the Secretary.- (1) The Secretary shall be responsible to the Speaker for the proper discharge of all tasks of the Parliament Secretariat.
(2) All the officers and employees of the Parliament Secretariat shall, under the general supervision of the Speaker, be responsible to the Secretary and shall conduct their affairs under the direct control of the Secretary.

16. Member of the Parliament taking up contact with Parliament Secretariat. If any Member of the Parliament thinks fit in any matter to take up contact with the Parliament Secretariat, he may enter into direct contact with the Secretary or enter into contact with any other officer performing the duties of such Secretary.

17. Working hours of the Parliament Secretariat.- The working hours of the Parliament Secretariat shall be determined by the Speaker.

18. Expenditures.- The Speaker shall be the supreme authority with regard to approving the expenditure of the money alloted in the budget for the Parliament Secretariat.

19. Increase and diminuation of number of officers and employees of the Parliament Secreteriat.- (1) The Speaker may, on consultation with the Parliament Secretariat Commission, increase or diminish the number of officers and employees of the Parliament Secretariat or abolish offices or, if necessary, create new offices.
(2) In the case of diminishing or increasing the number of officers or employees or of abolishing offices or of creating new offices, the decision shall, on consultation with the Parliament Secretariat, be taken by the Speaker.

20. Information programme for Members of the Parliament.- The Speaker may, on consultation with the Leader of the Parliament, the Leader of the Opposition and the Minister in charge of the Ministry of Parliamentary Affairs, direct the Parliament Secretariat to set up an adequate information program for the purpose of fully informing the Members of the Parliament on the proceedings of the Parliament and the working method of the Parliamentary Secretariat and the Parliament Secretariat shall provide for such programme in accordance with such direction.

21. Framing of rules.- (1) The Speaker may, on consultation with the Parliament Secretariat Commission, by notification in the official Gazette, make rules for carrying out the purpose of this Act.
(2) In particular and without prejudice to the generality of the foregoing power rules shall be made in respect of all or any of the following matters:-

a) arrangements for the development of, and the proceedings of, the Parliament Secretariat;
b) distribution of duties among the officers and employees;
c) maintenance of records and papers;
d) conduct of the library;
e) preparation of gratuity, journey bills and their signature and counter-signature;
f) security of the Parliament Secretariat;
g) all matters concerning the residences of the Members of the Parliament;
h) preparation of bills relating to remunerations, allowances and other privileges of the Members of the Parliament and discharge of the relevant duties connected with all those bills.