Rights and Duties of Members
- Parliamentary Immunity
- Attendance and Absence of Members
- Duties of Members
- Parliamentary Penalties
Except in the case of witnessed crime, no action of detainment, investigation, inspection, imprisonment or any other criminal action may be taken during the commencement term against a member, without a prior permission of the council.
At times other than the commencement term, it is required to obtain the permission of the council chairman for taking any of such actions.
The failure of the council or the chairman to issue the decision thereof in regard to a permission request, within one month of the arrival date of the same thereto, is deemed permission.
The council shall be informed of the actions that may be taken in accordance with the previous paragraph during the commencement of the council, and it shall also be always informed in the first meeting thereof of any action that has been taken during the annual vacation of the council against any of its members.
The submitter of permission shall submit his request in stripping a member’s immunity to the council chairman from the ministry of justice. Such request shall be accompanied by an official copy of the papers of the case demanded to take actions in regard thereto. The chairman shall refer the said request to the committee of legislative and legal affairs for the investigation thereof and giving opinion in regard thereto. The committee shall prepare its report in regard to the request of the stripping of immunity within ten days in maximum of the referral date of such papers thereto.
A member may not waive immunity without the permission of the council, and the council may permit such member to do so based on his request to hear his sayings if any accusation was raised against him even if he accepted to submit a request in stripping of immunity. In such case, no procedures may be taken against such member without the issuance of a resolution by the council in permission therefore in accordance with the provisions of the last two articles.
Neither the committee of legislative and legal affairs, not the council, may investigate in the availability or absence of evidence for conviction in the subject of criminal accusation. Investigation shall be limited to the extent of the falseness and unfairness of the claim, and to investigate whether it was intended to prevent such member from performing his parliamentary responsibilities within the council.
Criminal procedures are always permitted to be taken whenever it has been proven that it is not intended from the action or procedure to prevent such member from performing his parliamentary responsibilities within the council.
Attendance and Absence of Members
A member shall attend the meetings of the council and its committees regularly.
The member who is forced to be absent from one of the council’s sessions or its committee’s meetings shall inform the council chairman or the committee chairman, as the case shall be, of this fact in written form. A member may not be absent from more than two sessions of the council or three consecutive meetings of the committee, unless if he is given a leave or permission by the council chairman for reasons justifying the same. If absence was for an acceptable excuse, such excuse shall be submitted to the council chairman or the committee chairman in the following session or meeting. Leave may not be requested for an unlimited duration. The chairman shall inform the council of the leaves awarded to the members in the first following session.
If a member is absent from attending the sessions of the council or its committees without a leave or permission, or failed to attend after expiry of the duration authorized in favor thereof, he shall be deemed absent and his right in remuneration shall be forfeited for the duration of absence.
The member who is forced to leave the council or the sessions of its committees on final basis prior to the closing thereof, shall request permission for doing so in written form from the council chairman or the committee chairman, as the case shall be.
The council member who is delegated abroad on a mission for the council is deemed on leave for the entire specified duration for such mission.
The committee chairman shall present to the council chairman, on monthly basis, and whenever the council chairman deemed it necessary, a report of the attendance and absence of the committee members.
A member shall observe the due respect of the constitutional establishments of the state and shall observe the principles of good behavior in his dealing with his colleagues within the session and the council chairman.
A member may not do acts, inside or outside the council, in violation of the provisions of the constitution or the provisions hereof.
A member is prohibited to allow the exploitation of his capacity in order to obtain undue special privileges.
Immediately following the declaration of the royal order in the appointment thereof into the council, a member may not accept appointment in one of the foreign companies, and may not accept the membership in the boards of directors of share companies or monitoring councils in recommendation companies by shares and limited liability companies, unless if he was one of the promoters of such company or the owner of at least ten percent of the capital share of such company, or has previously become a member in such boards or councils prior to the declaration of his appointment as a council member.
Immediately following the declaration of the royal order in the appointment thereof, each member shall provide the council chairman with data of his membership in the companies provided under in the previous article, or the free business he is practicing, or any commercial, industrial or agricultural activity he is undertaking. He shall inform the council chairman of any change occurring on such data during the duration of his membership within one month in maximum from the time of the occurrence of such change.
At the time of discussion of any subject presented to the council, its bureau or one of its committees that concerns a personal interest for him or for any of his relatives till the fourth degree or for one of his principals, a member shall inform the council, the bureau or the committee of such fact prior to discussion.
Subject to what is mentioned in article (99) of the constitution, and without prejudice to criminal or civil liability, the member who becomes proven that he has prejudiced the duties of his membership or that he has committed any of the acts prohibited thereon, shall be subject to one of the following penalties:
a) Verbal warning.
b) Written warning.
d) Disqualification from participation in the council proceedings for a period not less than two sessions and not exceeding ten sessions.
e) Disqualification from participation in the council proceedings for a period exceeding ten sessions and not exceeding the expiry of the commencement term.
f) Revocation of membership.
And subject to the penalties provided under and referred to in articles (65), (66), (67) and (68) hereof, none of the penalties provided under in the previous clauses may be applied to a member before hearing his sayings and the investigation of his defense. The council shall vest this task in the committee of legislative and legal affairs. For the appliance of any of the penalties provided in clauses (c), (d) and (e), it shall be required the approval thereof by the majority of council members. For revocation of membership, it shall be required the approval of two-thirds the council members, and subject to the procedures provided herein.
A member’s entitlement to remuneration shall be forfeited for the entire duration for which the council resolves the disqualification of such member in the proceedings thereof. If the member against whom the previous penalty has been applied was a chairman or a vice-chairman for one of the committees, this shall result in the removal thereof from his post within the committee in the commencement term during which the penalty was applied.