THE RULES OF PROCEDURE OF THE ISLAMIC PARLIAMENT OF IRAN
The Rules of Procedure of the Islamic Parliament of Iran
(Including the amendments of May 8, 2012, May 19, 2012 & June 10, 2013)
Part 1: Generalities
Chapter 1: The Parliament Sitting and its Structure
Section 1: The Parliament Inauguration and its Operation
One: The Parliament Location
Two: The Parliament Official Sitting
Three: Oath-Taking Ceremonies
Four: Seating
Five: The Parliament Discipline
Section 2: The Parliament Legislative Structure
One: Steering Board
A.Steering Board Based on Age
1. Provisional Steering Board
2. Permanent Steering Board
3. Joint responsibility of the members of the Steering Board before Parliament
Two: Committees and sub-committees
A.Sub-committees
1.Consideration of credentials of representatives
2. Deciding members of committees
3. Committees
1.Special Committees
1.1 Common Committee
1.2 Select Committee
1.3 Joint Committee
1.4 Inquiry Committee
1.5 Committee on Formulation of the Rules of Procedure
1.6 The Article 90 Committee
2. Specialized Committees
2.1. Education and Research Committee
2.2. Social Affairs Committee
2.3. Economic Affairs Committee
2.4National Security and Foreign Policy Committee
2.5. Energy Committee
2.6. Plan and Budget and Audit Committee
2.7.Health and Medicare Committee
2.8. Councils and Domestic Affairs Committee
2.9. Industries and Mines Committee
2.10. Development Committee
2.11. Cultural Affairs Committee
2.12. Judicial and Legal Affairs Committee
2.13. Agriculture, Water and Natural Resources Committee
3. Common Regulations Committees
Section 3: Administrative and Support Organization of the Parliament
Chapter 2: Representatives
Section 1: Immunity of representatives
Section 2: Commitments of representatives
Section 3: Rights of representatives
Section 4: Missions
Section 5: Vacations and leave of representatives
Section 6: Absence of representatives
Section 7: Resignation of representative and its investigation
Chapter 3: The Parliament procedure
Section 1: The Parliament sittings
Section 2: Addresses and debates
One : Addresses
Two: Debates
Section 3: Votes
One: Quantity of votes
Two: Quality of votes
Three: Announcing vote results
Part 2: Function and power of Islamic Parliament of Iran
Chapter 1: Legislation
Section 1: Legal bills and motions
One: Legal motions
Two: Legal bills
Three: Motions of High Provincial Council
Four: Common regulations on bills and motions
Section 2: Procedure of investigation and ratification of ordinary bills and Motions
One: Studying bills and motions in committees
Two: Studying and ratifying bills and motions in the Parliament
Section 3: Phases of investigation and ratification of urgent bills and motions
One: Outlines
Two: Urgent bills and motions
Three: Very urgent bills and motions
Four: Top urgent bills and motions
Section 4: Studying bills and motions based on Article 85 of the Constitution
Section 5: Quality of surveying special and important cases
One: Quality of ratifying international commitments and regulations
Two: Minor amendments in border lines
Three: Necessary restrictions
Four:Others
Section 6: Investigation of annual budget and plan
One: Ratification of development plan
Two: Ratification of country’s annual budget
Section 7: Interpretation of laws
Section 8: Common points on investigation of bills and motions
Section 9: Referring the Parliament approvals to Guardian Council, Expediency Council and the investigation procedure
Section 10: Call for referendum
Chapter 2: Investigation and vote of confidence to cabinet ministers
Chapter 3: Supervision
Section 1: Investigating articles 88 and 76 of Constitution
One: Noticing and interpellation
A: Noticing
1. Interpellation Two: Inquiry
Section 2: Supervising representatives in associations, delegations and councils153
Section 3: Audit Court’s examination of enforcement of annual budget
Section 4: Impeachment
One: Impeachment of ministers
Two: President’s Impeachment and Incompetency
Section 5: Other regulations
Appendix: Laws on Rules of Procedure of the Islamic Parliament of Iran
1. Law on exception of approvals relating to Rules of Procedure of Islamic Parliament of Iran from provisions of Article 2 of Civil Law passed on December 27, 1993
2. Law on compilation and codification of rules and regulations of the country passed on June 15, 2010
3. Law on the Parliament supervision on conduct of representatives, passed on April 3,2012
4. Law concerning the procedure for enforcement of Article 90 of the Constitution of the Islamic Republic of Iran passed on November 16, 1986
5. The January 20, 1981 law on permitting Artilce 90 Committee to conduct research and directly communicate with government organs to investigate public complaints
6.Law on Interpretation of Note of Article 76 of Parliament Rules of Procedure Subject of interpretation
Part 1: Generalities
Chapter 1: The Parliament Sitting and its Structure
Section 1: The Parliament Inauguration and its Operation
One: The Parliament Location
Article 1: The permanent location of the Islamic Parliament of Iran is Baharestan Building. The Parliament sessions, held in the venue, are official. Any other place decided for the purpose will be on the proposal of the Steering Board and the Yes votes of two third of the Parliament representativesattending the official session.
Note 1: On emergency conditions, that will be distinguished by the Steering Board, if holding official sittings in the locations referred to in this Article is not possible, the Steering Board will specify another place and inform representativesof the issue. Continuation of the sessions in the location will be possible on votes of majority of representatives, being present in the official sitting.
Note 2: The voting, that is the Article’s concern, will take place after speech by an opponent and a proponent representative, who will each address the session for maximum five minutes.
Two: The Parliament Official Sitting
Article 2: In accordance with Article 65 of the Constitution, the first session in each term of the Islamic Parliament of Iranwill be official with presence of at least two third of the representatives. In the beginning of the session, verses 35 to 42 of Surah Ash-Shura will be recited.
Once message of the Supreme Leader of Islamic Revolution is read out, the oath-taking ceremonies will begin and at the end of the ceremony, the representatives will leave for the mausoleum of the late Imam Khomeini and Behesht-e-Zahra Cemetery to commemorate the founder of the Islamic Republic of Iran and martyrs of the Islamic Revolution and pay tribute to and renew allegiance with them.
Three: Oath-Taking Ceremonies
Article 3: In accordance with Article 67 of the Constitution the representatives present in the Parliament shall take their oath of office. The text of the oath will be recited by the Speaker and the representatives, standing on foot, will congregationally repeat it. After taking their oath, they will sign the text of the oath.
Parliament members representing religious minorities shall take the oath by recitations from their divine book.
The representatives not attending the first session shall take their oath and sign bottom of the text at the first subsequent official sitting of the Parliament they attend.
Four: Seating
Article 4: The seats of the representatives will be specified on drawing lots after they present their credentials to the Parliament and it will be recorded in a special register. Drawing of lotsshall be repeated annually. The representatives placed in front of the Parliament based on the former drawing, will be stationed in the second part of the Parliament on drawing lots. The first two rows will belong to the president, vice-presidentsand presidential advisors, members of the Guardian Council, the government cabinet and their parliamentary deputiesand other authorized individuals based on the Rules of Procedure. The individuals will not at all be allowed to sit on the seats of representatives or frequent in the area specified for the representatives.
Article 5: Reporters and visitors, holding cards specially issued for entering that session of the Parliament as well as security personnel in the marked areas are permitted to attend the sessions. All the persons are required to remain quiet during the Parliament sittings and may not demonstrate in any manner whatsoever; otherwise, they may be ordered by the Parliament Speaker to leave the Parliament Hall. In the event their conduct leads to penal offenses, the offender will be detained by security officers in the Parliament and handed over to appropriate to the competent authorities.
Note 1: Every representative may request a maximum of 3 passes to be issued to persons s/he trusts to visit the Parliament Hall. Related security officers at the Parliament will have the duty to issue the passes for the group.
Note 2: The Parliament Executive Department in compliance with the standards set by the Steering Board shall issue temporary entry passes, which are not transferable, to domestic reporters who represent publications licensed under the Press Law and to foreign correspondents recommended by the Ministry of Culture and Islamic Guidance.
Five: The Parliament Discipline
Article 6: The Parliament Speaker and in his absence, Vice-Speakers, will have the responsibility to maintain order and security in the Parliament premises. No official or power would have the right to interfere in the Parliament affairs and boundaries without the speaker’s permission.
Article 7: Carrying arms of any kind for persons entering the Parliament main building is absolutely forbidden.
Article 8: The president, vice-presidents and ministers in group or in person will have the right to attend open sessions of the Parliament and can be accompanied by their advisors; The Judiciary Chief will take part in the swearing-in ceremony of the president in the Parliament and also members of the Guardian Council will be entitled to be present in all the official sittings of the parliament. If “very” (two-star) or “top” (three-star) urgent bills are on the Parliament agenda, the Guardian Council members should take part in the sessions.
Note 1: Other officials of the executive and judiciary organs, including the governmental or non-governmental ones invited by the Steering Board to defend or explain about the bill or motion, can take part in the Parliament sittings.
Note 2: Head and judge of the Audit Court, the parliamentary affairs deputyof each of the ministers and the group of the Parliament staff, whose presence in the Parliament Hall is necessary, and parliamentary affairs deputy of other organs and institutions would be entitled to attend the sittings on the permission of the Steering Board. The group of individuals can take part in the meetings, that topic of the agenda is relevant to mission of their ministry or organization.
Article 9: Presidents, prime ministers, speakers and senior officials of other countries, visiting Iran on invitation of the Islamic Republic of Iran’s officials and whose presence in the official and open sessions of the Parliament is suggested on the advice of their counterpart and approval of the Steering Board, would attend the meeting and give an address if necessary. The representatives will be informed of the issue before start of the session.
Section 2: The Parliament Legislative Structure
One: Steering Boards
1. Steering Board Based on Age
Article 10: The most senior representative present shall be appointed as Speaker, the next advanced in years as the Vice-Speaker and two of the youngest representatives will be chosen as Secretaries. All of whom form the Parliament Steering Board. If members of the Steering Board are of the same age, then the Steering Board shall be formed by drawing lots between the oldest and youngest representatives present.
The Parliament Legal Department shall decide on the Steering Board’s order of seniority according to age.
Article 11: The Steering Board shall be entrusted with the task of directing all matters connected with management of the parliament inaugural session, running the oath-taking ceremonies, drawing lots on names of representatives for their membership in sub-committees and distribution of credentials among sub-committees as well as holding elections for the Provisional Steering Board.
1. ProvisionalSteering Board
Article 12: Elections for the Provisional Steering Board will be held on the second open session of the Parliament. The composition and form of the election will be like that for the Permanent Steering Board, except the fact that relative majority will be enough for election of the chairman.
Once selected, the Provisional Steering Board will hold the oath-taking ceremony with the oath-taking text of the Permanent Steering Board.
Article 13: The Provisional Steering Board will have the duty to run the Parliament sessions until when credentials of two third of representatives are confirmed; they are also responsible for holding election for Permanent Steering Board and handling administrative affairs of the Parliament.
1. Permanent Steering Board
Article 14: Having recited reports of all the 15 sub-committees and approval of credential of at least two third of all representatives, the Provisional Steering Board will select the Permanent Steering Board; members of the Permanent Steering Board will be chosen for one year. The basis for renewal of annual election is anniversary of the former Steering Board elections and if it coincides with vacations, it will take place in the former session. The new Steering Board will undertake the responsibility on the anniversary of the former elections.
Article 15: The Permanent Steering Board is composed of a Speaker, 2 Vice-Speakers, 6 Secretaries and three supervisors.
Article 16: The Speaker shall be elected in a first round of balloting with absolute majority votes of the representatives eligible to vote. The Vice-Speakers, Secretaries and supervisors shall be elected separately with a simple majority by secret votes with ballot papers. In the event an absolute majority is not obtained in the election of the Speaker in the first round of balloting, then a simple majority will be sufficient in a second round.
Note 1: In the event an equal number of votes is cast for each of the Speaker, Vice-Speakers, secretaries, and supervisors, there will be drawing lots in due case.
Note 2: To the person absent in the session will be voted if prior to the Parliament sitting, designated for the Steering Board elections, submits his nomination to the Parliament Legal Department previously.
Article 17: Before voting for the Steering Board, names of candidates will be announced in the plenary session of the Parliament without any debate on the order they were received by the Steering Board.
Article 18: Members of the Permanent Steering Board will after election recite the following text of oath in presence of representatives and will have the duty to carefully observe the provisions.
In the Name of God the Compassionate the Merciful
“In my office as member of the Steering Board of the Islamic Parliament of Iran, I swear to God Almighty before Holy Quran that I shall to the best of my ability implement the Rules of Procedure of the Islamic Parliament of Iran with full impartiality to fulfill my duties and will avoid any act deemed opposite to the Rules of Procedure.”
Article 19: The vice-speakers will be elected as the first vice-speaker and second vice-speaker in proportion to the votes they gain respectively and in case of the equality of votes, they will be elected on drawing lots. In the absence of the Speaker, his first or second vice-speaker shall respectively fulfil his duties and hold his authority.
Note: Even if the Parliament Speaker is present he may assign his vice-speakers to run the official session in terms of precedence.
Article 20: If the Speaker resigns from his post or dies before termination of his office, the vice-speakers in terms of precedence will hold the session and recite the text of resignation or announce the death. In the case of death, the session will be concluded in honor of the dead and at any rate, in the next session the vice-speaker of the Parliament will chair the session and the new speaker will be selected based on the Parliament Rules of Procedure. As for resignation after announcement and recitation of the text of resignation in the Parliament and hearing of the explanations of the resigned Speaker and the debates the members consider necessary, if the resignation is not withdrawn, election of the new Speaker will be in the next session and the Speaker will have maximum thirty minutes and three representatives each have ten minutes to explain.
Note 1: In the event of death or resignation of other members of the Steering Board, the new individual(s) will be elected without any special ceremony in the next session.
Note 2: The head and each of the members of the new Steering Board will be elected for the remaining period of the one year.
Article 21: None of the members of the Steering Board would be elected as member of the Plan, Budget and Audit Committee of the Parliament and if any of the members of the committees becomes member of the Steering Board, s/he would be considered resigned from the Committee and would assign new committee based on provisions of the Rules of Procedure. Also, s/he cannot be elected as chairman or spokesperson of the Parliament committees and if chairman or spokesperson of the committees is member of the Steering Board, s/he would be considered resigned from his post in the Committee.
Article 22: Duties and authorities of the speaker are as follows:
1.running the Parliament sessions consistent with articles of this Rules of Procedure
2.handling all the administrative, financial, employment and organizational affairs of the Parliament
3.signing all the employment rules based on the Parliament Staff Employment Rules of Procedure and other laws and regulations
4.signing all letters related to the Parliament legislative and parliamentary affairs
5. attending the legal institutions, the Parliament speaker is whose member
6. providing representatives with full report on decisions and measures of the Steering Board with regards to various issues on the Parliament and the subsidiary organs every three months
7. Other articles mentioned in the Constitution and other regulations
Article 23: The responsibilities of Secretaries are as follows:
1. writing and recording the Parliament proceedings and debates and their printing and distribution
2. reciting bills, motions, proposals, writings and the materials that should be brought to the attention of the Parliament
3. adjusting the proposals, sent by representatives on order of their receipt with the number being mentioned
4. Arranging requests by representatives for presentation at the Parliament sittings according to priority and number
Article 24: The duties and responsibilities of the Steering Board are as follows:
1. Supervising all the administrative, financial, employment and organizational affairs of the Parliament
2. Ratifying proposed annual budget of the Parliament and its reference to the Plan, Budget and Audit Committee of the Parliament to follow legal procedures
3. Approving salaries of representatives based on the Rules of Procedure
4. Giving order and maintaining discipline of the Parliament sessions
5. Supervising affairs relating to reports, their printing and distribution
6. Preparing and adjusting weekly program of the Parliament
7. Undertaking responsibility and monitoring legal moratoriums and deadlines mentioned in this Rules of Procedure
8. Making decision on inviting the legal and real entities and agreeing to presence or commenting of the applicants in the Parliament or make comments there
9. Informing interior ministry of rejection of the credentials or resignation of representatives
10. Surveying and settling cases and problems of committees and sub-committees and making decisions on points of discord or non-observation of the Rules of Procedure
11. Maintaining dignity, prestige and power of the Parliament and defending legal rights and status of representatives
12. Ratifying necessary mechanisms for improving methods of supervision and handling affairs of supervisors elected by the Parliament and committees in associations and councils and receiving their reports
Note: The Steering Board sessions shall be officially in force with at least two-third of the total number of members, including the chairman or one of the Vice-chairmen, present and its approvals will be valid with votes of the absolute majority of the group present in the meeting.
1. Joint responsibility of the members of the Steering Board before the Parliament
Article 25: The Parliament Speaker and other members of the Steering Board shall be jointly responsible before the Parliament for fulfilling all duties coming within their purview as set forth in the Rules of Procedure.
Article 26: If representatives object the quality of management of sittings of the Parliament or other parliamentary affairs and the performance of the Speaker or other members of the Steering Board, they may request in writing, signed by at least 25 members, or on call of the Committee on Formulation of the Rules of Procedure, urge formation of the Committee of Investigation into the Objections, comprising the chairmen of specialized committees and the members of the Committee on Formulation of the Rules of Procedure. The Committee on Formulation of the Rules of Procedure will have the duty to form within three days the Committee of Investigation into the Objections. The Board will have the duty to investigate the case within ten days in the presence of three representatives assigned by the objectors. If majority of the members of the Board rule on the incompetence of the person, his membership in the Steering Board will be suspended. The report of the Board on the issue shall be reviewed during the in-camera sitting and put to a vote in the next plenary sitting of the Parliament to follow without any negotiation. If the incompetency is rejected, the member may continue with his job, otherwise, he will be considered resigned from his post and shall not have the right to participate in that term’s elections again.
Note 1: The Committee of Investigation to the Objection will in the beginning of its first session select a Steering Board based on the regulations governing election of the Steering Board of the committees. The meetings of the Board will be considered official with presence of three fourth of the members and the criterion for validity of its decision will be the vote of the absolute majority of the participants.
Note 2: The opposing representatives and the members objected by the Parliament Steering Board will not be entitled to vote in the meeting of the Committee of Investigation to the Objections.
Note 3: The investigation will not bar the Article 90 Committee from fulfilling its legal responsibilities vis-à-vis the Parliament performance and the representatives can monitor and follow up the function of the Steering Board through the channel.
Note 4: Investigation of objections against performance of the Chairman of the Article 90 Committee and the Chairman and attorney of the Audit Court as well as other representatives, elected on parliamentary vote, but the Rules of Procedure has not assigned any clear method for investigation into protests to fulfillment of their duties, will be in accordance with this Article.
Note 5: If 10 representatives object to the function of each of the Parliament representatives in the committees, associations and non-provincial and non-city councils, their performance will be probed based on this Article.
Two: Committees and sub-committees
A.Sub-committees
Article 27: After the swearing-in ceremony, the representatives will be classified equally into 15 branches through drawing lots and the remaining individuals will be added one by one to the branches from the first branch on. The representatives then swearing in will be admitted through drawing lots to the sub-committee having the member shortage. Each branch will have a chairman, two vice-chairmen, a spokesperson and two secretaries, who will be elected separately on secret vote and in ballot with simple majority of votes of more than one third of the entire members of the sub-committee. In case of equality, there will be drawing lots.
The outcome of the election will be put into information of the Parliament in a report by the spokesperson. In order for each session of the sub-committees to be considered official, presence of at least two third of the members is essential and the decisions of the sub-committees, except when concerning election of individuals, will be the absolute majority of the votes of the group of members present in the sitting.
Article 28: Each of the sub-committees will be considered official for entire period of membership and their duties and responsibilities are as follows:
1. Verifying the credentials
2. Assigning members of the Inquiry Committee
3. Assigning members of the Committee on Formulation of the Rules of Procedure
4. Investigating and distinguishing competency of the candidates for membership in the Parliament specialized committees
Article 29: Each of the sub-committees will have the duty to have secretary of the sub-committee to prepare their process-verbaux, mentioning names of those present and absent and the delayers, and submit it to the Steering Board.
One- Consideration of credentials of representatives
Article 30: The sub-committees according to the table of the Parliament constituencies arranged alphabetically and distributed by the Parliament Legal Department under the supervision of the Steering Board shall initiate verification of credentials, make decisions on the documents being either not investigated or gained after investigation by the Guardian Council and shall submit the report on approval or rejection to the Parliament through the Steering Board. To expedite its work, each sub-committee may appoint one or more subsidiary sub-committees whose members shall be elected by drawing lots from among those selected from the sub-committee. However, final consideration shall be made in the main sub-committee and the report therefore shall be submitted to the Parliament by the spokesperson of the sub-committee based on the agenda. In the absence of the spokesperson and also if the spokesperson attends the session but does not wish to speak about the credential, his duties shall be performed either by one of the Vice-Chairman or one of the Secretaries respectively.
Article 31: The Steering Board will have the duty to duplicate the list of credentials referred to the sub-committees and put it at the disposal of the representatives. If a representative opposes any of the credential, s/he will be allowed for maximum three days from date of publication of the said list to inform related sub-committee of his/her objection in writing. Within at least 24 hours before considering each credential, the sub-committee will have the duty to invite the opponents to provide explanations on their objection.
Note: In case of failure of the opponent(s) to be present in the sub-committee, they would not be entitled to object in the plenary session of Parliament, unless their absence is considered justified by the Steering Board and if the sub-committee did not invite the opponent(s) on due time.
Article 32: No sub-committee would be allowed to suspend submission of its report by more than 12 days from receipt of the file. In case the delay is due to necessity, the Speaker and in his absence the Vice-Speaker would have the duty to inform the Parliament Steering Board of the result. If the Steering Board considers it justified, the issue will be referred to the same sub-committee, otherwise to the next sub-committee to report within 10 days from receipt of the case.
33. Each of the sub-committees will read out its report to the Parliament on affirmation or rejection of the credential without citing any reason. If the report is about report of the sub-committee on rejection of the credential or if the opponents remain objecting, the credential will be referred to the Inquiry Committee. Otherwise, the credential will be considered approved and the Speaker will announce its approval.
Article 34: The Inquiry Committee shall consider within a maximum period of 15 days the sub-committees’ and objectors’ written evidence and statements which should have been submitted to the Inquiry Committee within 5 days of the referral of the credentials to the Committee. It will make the Parliament informed of its view after hearing and investigating the verbal explanations of the objectors and written and face-to-face defenses of the representative whose credentials is in question.
In case of intentional absence of the representative whose credentials is in question by the Committee or failure to send written defenses, the Committee can provide the Parliament with its view without hearing his defenses.
Article 35: The view of the Inquiry committee on the credentials of a representative, against which objection is raised by the sub-committee or a representative and is subsequently referred to the Committee, will be recited in the Parliament. If report of the Inquiry Committee favors rejection of the credential, the spokesperson of the Committee will explain the reasons for the rejection. If the report confirms authenticity of the credential or if the report is not released timely, firstly the spokesperson of the objecting committee will provide reasons for rejection of the credentials and the objecting representative will speak for half an hour on rejection of the credential and if the objectors are many, up to three of them will on agreement of others and in case of no agreement they will be selected on drawing lots to speak about authenticity of the credential each for maximum half an hour. The representative, whose credential is objected to, would speak twice the time of the objectors and can cede part of his/her time to maximum two representatives.
Article 36: If a representative fails to appear at a the Parliament sitting to defend authenticity of his credentials without sufficient cause (plausibility of which shall be decided by the Steering Board) for a period of 10 days from date of notification to him/her, then the Parliament will proceed to voting after hearing report of the Inquiry Committee and speech of the objectoron his/her credentials.
Note: If the representative(s) objecting the justified reasons do not appear in the Parliament sitting, he/they can with an earlier notice to the Steering Board, provide him with reasons of his/their protest in writing to another representative so as to recite it in the Parliament.
Article 37: If the Inquiry Committee does not inform the Parliament of its view within 15 days, the representative whose credential is objected to can call on the Steering Board to raise dossier of his credential along with reasons for refusal of the Inquiry Committee to report the case. Moreover, 15 of the representatives can have such an appeal from the Steering Board. The Steering Board will have the duty to raise the request in the Parliament in the first possible chance. After hearing explanation by the committee, the Parliament will decide on the case. In case the reason for the delay is justified, the Parliament will extend the moratorium for another 15 days. Otherwise, the credential will be raised in the next Parliament session and the objecting representative, if any, and the spokesperson of the sub-committee in absence of the objecting representative will present the reasons for non-confirmation of the authenticity of the credential by the sub-committee. After defense of the representative holding the credential, the Parliament will go to voting.
Article 38: Voting to the credential in question will be in secret and with special ballot paper.
Article 39: The representatives whose credentials have not yet been approved will not be entitled to vote unless in case of voting to credential of representatives; also, they will not be allowed to be present in the sub-committee or the Inquiry Committee when investigating their credentials. If invited by the sub-committee or committee or on their own demand to provide explanations, the representatives will not have any right to vote but will be entitled to comment.
Two: Deciding members of committees
Article 40: To inform representatives of each other’s educational and working background, the Legal Department of the Parliament will have the duty to duplicate list of representatives along with their (documented) education and experience record and their background of membership in committees (if they had any record of membership) and put them at the disposal of representatives before formation of the sub-committees to determine members of the committees.
The criteria for identification of competency of the members of each sub-committee for membership in the Parliament committees will be on the proposal of the representative and votes of simple majority of the members of the sub-committee. To gain membership of any of the committees, each representative will have the duty to propose at least two committees with the first and second priority.
Article 41: Having received initial report of the sub-committees on candidates of the Parliament committees, the Steering Board will duplicate the document and distribute it among the representatives. 48 hours after the distribution, the sub-committees will re-convene and choose their candidates for any of the committees with regards to the released report and study of all the priorities, then reporting the result to the Steering Board.
If number of those introduced by the sub-committee to each committee is more than what is required, the group of the people introduced for each committee will hold a session on invitation of one of the vice-speakers to reach agreement on the people needed for the committee. In case of lack of necessary consensus, the people needed for each committee will be assigned on secret vote in a session held on the invitation of one of the vice-speakers with the voting suffrage and participation of chairmen of the
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sub-committees taking such priorities as specialization, experience and background of membership in the committee into consideration.
Note 1: The representatives will be entitled to take part in the Parliament sitting to defend their proposal; however, the voting will be in their absence. The provisions of this note concerns chairmen of the sub-committees as well.
Note 2: As for those gaining equal votes and whose inclusion as member of a committee will raise the ceiling of the committee, lots will be drawn.
Note 3: Those not elected in accordance with this article for their intended first committee will be included in the second committee they demanded, if it is not completed by the first priority applicants. If in this phase, number of people is more than the number required for the committee, they will be re-elected for the second committee taking the said priorities into consideration and with the majority of the votes of the Steering Board and chairmen of the sub-committees and those not elected in this phase for the second sub-committee they demanded, they will be decided for another committee of theParliament on view of majority of members of the said joint session.
B.Committees
Article 42: The Parliament has special committees, including the Common Committee, the Select Committee, the Joint Committee, the Inquiry Committee, and the Committee on Formulation of the Rules of Procedure of the Parliament, the Article 90 Committee, and specialized committees with specified duties according to articles of the Rules of Procedure at hand. Number of members of the Inquiry Committee and Committee on Formulation of the Rules of Procedure will be 15 each and number of the fixed members of the Article 90 Committee along with number of specialized committees will be minimum 19 and maximum 23. Members of the specialized committees will be decided based on the specialization (certificates of education), executive records and background of membership in the committee they apply, the order of score and by members of the joint session of the Steering Board and chairmen of the sub-committees and number of members of the Common, Select and Joint committees will be based on articles of this Rules of Procedure.
Note: The Steering Board of the Parliament or each of the committees or at least 50 representatives proposes types and token and outline of duties and responsibilities of the committees, observing generalities of the Parliament Rules of Procedure. They will be implemented after ratification in the joint meeting of the Steering Board and members of the Committee on Formulation of the Rules of Procedure and chairmen of the specialized committees The said joint meeting, presided over by the Speaker or one of the Vice-Speakers and with presence of at least two third of the members, will be official and its approvals will be valid with the vote of at least two third of the attending members and the approvals will be put on the information of the representatives.
1. Special Committees 1.1. Common Committee
Article 43: The Common Committee will convene to look into the motions and bills that are considered by the Steering Board basically related to two or few committees. Number of the members of the Common Committee is 23. The share of each of the committees will be decided by the Steering Board of the Parliament and their election by related committee. The Common Committee will act like other committees in choosing the Steering Board and offering report and other regulations.
1.2 Select Committee
Article 44: On vital and exceptional issues confronted by the country necessitating the establishment of a select committee to consider and prepare a report on such an issue, the committee shall be set up at the suggestion of at least 15 representatives eligible to vote and with approval of the Parliament. The members of the Select Committee will be 15, who are directly elected in the open session of the Parliament on secret votes and on simple majority. The Steering Board of the Select Committee will be chosen alike other committees.
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Note: The Parliament Steering Board can refer to the Select Committee the bills and motions, deemed falling within its jurisdiction.
1.3 Joint Committee
Article 45: To adjust principles and provisions of the development programs and the country’s general budget bills and to forge coordination among the specialized committees of Parliament, the Joint Committee, comprising the following members, will be formed after submission of the bill to the Parliament by the government:
1. Nine members of the Plan, Budget and Audit Committee
2. Three members from each of the other specialized committees
The members referred to in the above-mentioned clauses are elected and introduced by related committees and introduced to the Steering Board of Parliament.
The committee’s mission will last until final ratification of the Development Plan Law and/or the country’s annual general budget bill.
Note 1: The Joint Committee will be considered official with presence of absolute majority of the members.
Note 2: The proposals on the electoral constituencies of the members of the Joint Committee for considering a new sub-category or increasing credits or changing title of the motions in the Budget Joint Committee will be forbidden.
If Vice-President for Strategic Supervision and Planning Affairs confirms in the course of investigation to the budget law in written form or officially the mistake or failure to cite the points relating to the electoral constituency, the issue will be entitled to ratification with two third of votes of the Joint Committee.
1.4 Inquiry Committee
Article 46: To study the credentials left unconfirmed by the sub-committees or objected by the representatives, each of the sub-committees will have the duty to decide their Steering Board and choose immediately two of their members, who are more informed of the legal issues and are qualified enough, as the main or substitute members of the Inquiry Committee and inform the Steering Board of the result so as to be read out in the open session.
1.5 Committee on Formulation of the Rules of Procedure
Article 47: Each sub-committee will assign one more of its qualified members to form the Committee on Formulation of the Rules of Procedure and report the result to the Parliament. Besides handling its duties envisaged in the Rules of Procedure, the Committee will look into the motions relating to amendment of the Parliament Rules of Procedure and report its view to theParliament to examine it based on the Rules of Procedure.
1.6 The Article 90 Committee
Article 48: To handle and improve affairs of the Parliament and of representatives, and to exclusively look into performance of the Executive, Judiciary and Legislative branches of power based on various principles of the Constitution, especially the Article 90 of the Constitution, a committee named the Article 90 Committee is formed to run based on its own approved laws and fulfill its duties. Members of the Committee are as follows:
1. One from each specialized committee, announced by related committee
2. Eight representatives elected by chairmen of the sub-committees and the Steering Board as the fixed members.
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Note 1: Chairman of the Committee is elected on the proposal of the Parliament Steering Board from among the fixed members of the Committee or on the Parliament vote for one year.
Note 2: The fixed members of the Committee should not be members of the Parliament Specialized Committees.
1. Specialized Committees
Article 49: Each of the specialized committees of Parliament, formed in accordance to regulations of the Rules of Procedure, have a number of duties and responsibilities based on their specialization as follows:
1. Studying the referred bills and motions and their report to the Islamic Parliament of Iran
2. Studying and tentative approval of bills and motions and permanent ratification of the rules of procedure of organizations, companies and government institutions, related to government, based on Article 85 of the Constitution
3. Probing into calls for inquiry and research
4. Looking into questions of representatives from president and ministers
5. Studying the deferred sections of the bills on development programs, annual budget and its report to the Joint Committee
6. Gaining information on the ways and means of management of country’s affairs, receipt and investigation of reports on performance and monitoring enforcement of laws concerning related organs
7. preparing case and annual report on executive affairs of organs and quality of enforcement of the laws, especially implementation of the laws on the development plan, annual budget and offering the negative and positive points and proposing ways of its amendment and submission of the report to the Parliament for ratification.
Note 1: The committees will directly or on demand of at least 10 representatives study the issue on important and vital cases and in confronting offenses or managerial abuses on the invitation of related officials, offering the report to the Steering Board. If the call for investigation is made by the representatives, at least five of them can cooperate with the committee in preparation of the report. The Steering Board can put the said report on the Parliament agenda. In that case, the committee spokesperson and the government envoy will express their opinions each for 15 minutes and six of the representatives, chosen through drawing lots from among the applicants, for five minutes.
Whenever the committee provides the Parliament with a report along with proposals for ratification, it will be put on theParliament agenda for maximum two weeks later per the Parliament Rules of Procedure. The representatives can deliver their report to the committee within 48 hours after recitation of the report. The committee will offer its final report to the Parliament up to one week. If the committee’s report provides reasons for incompetency of related officials, the Steering Board will inform the highest authoritative official of the issue for necessary action.
Note 2: The government’s response to reports of the specialized committees will be put on the Parliament agenda and will be recited. Then, depending on the call of the specialized committees, the reports will be sent to the Article 90 Committee for investigation and the Committee will provide the Parliament with outcome of its investigation.
Note 3: The specialized committees of the Parliament can have the Steering Board recruit enough qualified advisors, especially from among the previous terms’ representatives, who are expert and competent in the Committee affairs.
2.1 Education and Research Committee
Article 50: The Education and Research and Technology Committee is formed to fulfill duties relating to general education and training, technical and vocational training, higher education, and research and technology based rules laid in this Rules of Procedure.
2.2. Social Affairs Committee
Article 51: The Social Affairs Committee is formed to fulfill duties falling within the administrative and employment, labor, job, working relation and cooperatives domains in accordance with the regulations of this Rules of Procedure.
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2.3. Economic Affairs Committee
Article 52: The Economic Affairs Committee is formed to fulfill responsibilities having something to do with economy and finance, domestic trade and foreign trade within jurisdiction of this Rules of Procedure.
1.4.National Security and Foreign Policy Committee
Article 53: The National Security and Foreign Policy Committee of the Parliament is formed to fulfill duties within framework of foreign relations and politics, defense, information and security based on the regulations of the Rules of Procedure.
2.5 The Energy Committee
Article 54: The Energy Committee is formed based on the Rules of Procedure to handle a number of affairs in connection with oil, gas, power, and dams and the hydraulic power plants, atomic energy and new energies.
2.6. Plan and Budget and Audit Committee
Article 55: The Plan, Budget and Audit Committee is established per the Rules of Procedure to fulfill a number of responsibilities falling within framework of plan, budget, supervision over plan and budget, Audit Court, and the Parliament financial affairs, statistics, public services and technical affairs.
Note: While fulfilling the specialized duties envisioned in this article and Article 49, the Plan, Budget and Audit Committee will have the duty to handle the following affairs:
1. Supervising and caring for implementation of budget regulations and financial affairs of the Parliament and quality of their spending
2. Looking into annual budget conduct of the Parliament and offering the report by maximum end of September next year. The report will be published for information of the representatives.
3. Inspecting and careful investigation and supervision over all the mobile and immobile properties and objects of the Islamic Parliament of Iran and offering annual report for publication and distribution among representatives.
2.7. Health and Medicare Committee
Article 56: The Health and Medicare Committee of the Parliament is formed to fulfill a number of duties in the fields of health, medicare, relief aid, welfare, social security, social insurance and the Red Crescent based on the regulations of the Rules of Procedure.
2.8. Councils and Domestic Affairs Committee
Article 57: The Councils and Domestic Affairs Committee is formed based on the regulations of the Rules of Procedure to fulfill a number of duties falling in the areas of domestic politics, councils, non-development affairs of municipalities, and civil registration.
2.9. Industries and Mines Committee
Article 58: The Industries and Mines Committee is formed based on the regulations of the Rules of Procedure to handle a number of affairs falling within framework of industries, post, telecommunication, minerals, petrochemicals, aerospace industries and communications.
2.10. Development Committee
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Article 59: The Development Committee is formed based on the Rules of Procedure to address a number of responsibilities falling within framework of roads and transportation, housing, urban and rural development, municipalities and Village Assistance Offices (VAOs).
2.11. Cultural Affairs Committee
Article 60: The Cultural Affairs Committee is formed based on the regulations of the Rules of Procedure to fulfill duties relating to culture, arts, guidance and propagation, the Islamic Republic of Iran Broadcasting, mass media, physical training, youth, women and family.
2.12 Judicial and Legal Affairs Committee
Article 61: The Judicial and Legal Affairs Committee is formed based on the Rules of Procedure to handle a number of duties in the judicial and legal areas.
2.13. Agricultural, Water and Natural Resources Committee
Article 62: The Agricultural, Water and Natural Resources Committee is formed based on the regulations of the Rules of Procedure to address duties relating to agriculture, water resources, cattle and poultry, fisheries, environment, and Meteorology.
2.Common Regulations of Committees
Article 63: Each of the specialized committees of the Parliament has the duty to form a committee or sub-committees from among its members to deal with related subjects. The sub-committees have a chairman, a vice-chairman and a secretary, elected by members of the same committee. The approvals of the sub-committee will be official after ratification in the committee.
Article 64: After election of the members of the committees, each committee, chaired by its most senior member in terms of age, will convene with at least two third of members and immediately a chairman, two vice-chairmen, a spokesperson and two secretaries will be elected with simple majority of votes for one year with secret vote and in ballot.
Note: At start of each term of Parliament, the Legal Department of the Parliament will have the duty to provide members with working background and educational status of members of each Committee before election of the Steering Board of the Committee.
Article 65: In order that its sessions to be considered official, the presence of at least two-third of the sub-committee members shall be required. For The resolutions of the committees, an absolute majority of votes of the members present is the requisite.
Article 66: Each representative would call through the Steering Board for change in the committee every six months after lapse of six months from start of each term of Parliament. The change and transfer will be through consent of majority of the members of the related committee.
Article 67: The Parliament Speaker shall provide each committee with at least one experienced expert fitting the Parliament to perform such related administrative and expert duties such as acting as liaison between the Steering Board, Parliament offices and committees; to draw up and distribute all correspondences, to record debates, to file papers and dossiers, to speed up the process of office affairs, to prepare the process-verbaux and to handle other administrative affairs.
Article 68: The report on conduct of committees should be given to the Steering Board of the Parliament once in a month to be brought to the information of representatives as required.
Article 69: If the representatives are invited by the committee to provide explanation on their question and/or proposal, they will have the duty to take part and their refusal to participate without any justification will be considered change in decision to raise questions and/or offer proposal.
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Article 70: All the documents and papers on the affairs due to be investigated in the committee will be referred to the committee by the Steering Board. The representatives can consider the documents. The documents should not be got out of the committee. The documents along with documents on debates and current measures of the committee will be archived in the committee and transferred to the Parliament archives department at the end of each term.
Article 71: Once the Parliament or committees (dealing with tentative laws) issues final ruling on the bill or motion, the documents, papers and related process-verabaux would be archived in the Parliament legal department.
Article 72: Except speaker, each representative will have to accept membership in one of the specialized committees and if willing can take part in other committees of the Parliament with the right to comment and without any right to vote.
Note 1: Membership in the Inquiry Committee and in the Committee for Formulation of the Rules of Procedure will not bar one to be member in other committees.
Note 2: Continued membership of the representatives, who are members of the special committees be absent — either with justification or without any justification — for 30 hours in a year, will depend on agreement of majority of the members of the special committee. The voting will be in ballot papers.
Section 3: Administrative and Support Organization of the Parliament
Article 73: The Speaker of the Islamic Parliament of Iran is responsible for all executive affairs of the Parliament ranging from organizational, financial, dealing, administrative, employment, judicial, technical, support, domestic and international relations, protection, safeguards and the like affairs.
Note 1: The Parliament Speaker would cede part of his duties and responsibilities to certain members of the Steering Board, vice-speakers in the Legal Department, Supervision Department and Executive Department or to related officials.
Note 2: The articles of association of organizations, financial system and organizational structure of Parliament, except the legislative affairs and the executive regulations and guidelines regarding all authorities that are concern of this Article will be ratified by the Committee for Formulation of the Rules of Procedure of the Islamic Parliament of Iran.
Article 74: Duties of the supervisors are as follows:
1. Devising financial, employment, servicing, propaganda and disciplinary plans and policies of the Parliament and its submission to the speaker to follow up the next phases
2. Supervising and making necessary decision on conduct of all the units of the Parliament administrative structures, quality of enforcement of approvals of the Steering Board and the Committee for Formulation of the Rules of Procedure with regards to Note 2 of Article 73
3. Monitoring preparation and proposing the Parliament annual budget and following up the next phases
4. Monitoring maintenance of the office and registration of fortifications and properties and institutions of Parliament
5. Supervising conduct of the research center, archives center, library and museum of the Parliament formed based on their own rules
6. Looking into problems of representatives and offering proper solution to the Steering Board
7. Monitoring other administrative and financial as well as servicing affairs of Parliament
Article 75: The Steering Board can, within framework of the existing facilities and the ratified budget, form a suitable structure for compilation, drafting, legal and literary editing of bills and motions. The ideas of the organs will be addressed on consent of the related committee and before final approval of the bill or motion in the Parliament.
Article 76: To fulfill their duties as the Parliament representative in the best possible manner and to maintain dignity and position of the Parliament and real status of representatives, the Steering Board will prepare any kind of required hardware and software facilities deserving the Islamic Republic establishment in order to build effective (audiovisual and written) link of representatives
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with the clients and envoys of the executive organs and the official and non-official institutions in the electoral center and constituency by dedicating a proper physical atmosphere (working and public meeting offices).
Note: In any term of the parliament, the representatives can request related organ to recruit maximum five of the staff or experts of the organs, subject to Article 5 of the State Service Management Law, in the Public Communications Office to handle counseling, administrative and service affairs. In that case and in coordination with the source organ, the request for mission of the said individuals will be addressed and the person(s) will be assigned to the Public Communications Office of the representative.
Salary, advantages, mission right and extra-payment of the officers will be met by the assigning organ based on related laws and regulations and the amount of extra-payment will be the ceiling approved by related office, and monthly mission and leaves used by the individual will be brought to the information of the related organ by head of office of the representative. Increase in all legal rights of the officers, including promotion, increase in annual salary, increase in group and ranking and other related points during mission of the individuals will be like those of other staff of the related organ.
Number of people required by each constituency will be decided with respect to number of the representatives, number of cities and villages, population and extent, climatic and geographical condition and other potential of any constituency by the Parliament Rules of Procedures Codification Committee.
Once end of the mission is announced, the related organ will have the duty to employ the people at least in the organization post before their mission ends and/or in an equal post.
The approval does not negate Note 3 of Article 2 of the Parliament Staff Employment Law, passed on November 14, 1993.
Chapter 2: Representatives
Section 1: Immunity of Representatives
Article 77: According to Article 86 of the Constitution, the Parliament representatives are completely free to express their opinions during the course of the performance of their duties as the Parliament Representatives. They may not be prosecuted or detained on account of the opinions they may express in the Parliament or in consequence of the votes they cast in exercise of their duties as Representatives. Neither will they be deprived of their social rights for the said reasons.
Note: Representatives’ duties are addressing, debates within the agenda, debates on the committees’ sittings, and comments made to enforce Article 84 of the Constitution and other supervisory and legal cases.
Article 78: If the Steering Board comes to the judgment that a representative had in his speech in the plenary session
of theParliament leveled charges against or insulted anybody, the person could defend himself/herself in writing, answering to the levelled charges. The sent response may be read out in the plenary session in the first possible chance if not been more than twice the size of the original material, not containing any insult or charges.
Article 79: If in the official session and during proceedings or talks any charge is leveled explicitly or implicitly against any representative or intended to misrepresent his belief or idea and the representative asks for permission to address so as to reject it or remove the mistake either in that or next session, permission will be given out of turn for up to five-minute address.
Section 2: Commitments of representatives
Article 80: Based on their responsibility as the Parliament representative, representatives are committed and duty bound to observe dignity of Parliament and representatives, while honoring order and discipline and enforcing Rules of Procedure of the parliament. If a representative fails to do so, the following measures will be taken by the Speaker in their case:
1. Verbal notice in the plenary session of Parliament
2. Warning in the plenary session
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3. Summoning and punishment of the offender in the Steering Board sitting
Article 81: The chairman of the session will give notice to the representatives, evading from the topic of debates or speak without any permission, and also to the representatives not observing Rules of Procedure or do not respect the Parliament discipline in any way.
Article 82: If the chairman gives notice to one of the representatives twice and s/he violates the Parliament discipline again, the chairman will warn him/her.
Article 83: The punishment that will be put in record of the representative and reported to the Parliament cover the following cases:
1. If the representative violates order in the same sitting after the warning.
2. If the representative is subject to warning for four times in consecutive sessions or six times in all within a period of one month.
3. Those delaying unjustifiably for more than three consecutive sessions or for five sessions in a month.
Section 3: Rights of representatives
Article 84: The annual budget of the Parliament will be sent to government on due time on a proposal by the Steering Board after consultation with the Plan, Budget and Audit Committee so that is included in total annual budget of the country in line with Article 52 of the Constitution.
Note: The salary and expenses of representatives will be endorsed annually in the joint meeting of the Steering Board and the Plan, Budget and Audit Committee of the Islamic Parliament of Iran in line with the financial regulations of the Parliament. The Parliament representatives can receive their salary and fringe benefits. That will be on account of any representative alike approval in the previous term before a new decision in each term.
Section 4: Missions
Article 85: The official private or group mission of representatives for presence in seminars, meetings and technical and specialized visits inside and outside the country will be on the approval of the related committee and confirmation of the Steering Board. The result thus gained will be offered to the Committee and the Parliament Steering Board.
Section 5: Vacations and leave of representatives:
Article 86: The Parliament annual summer recess shall be 30 days annually, the time of which being determined by theParliament. The Steering Board will adjust the schedule for plenary and committees’ meetings so that representatives will have a chance of one week for work monthly to deal with their duty as representative.
Note: In case of need the Parliament Speaker upon the request of at least 50 representatives or the government may call the Parliament to convene extraordinary sittings on holidays, giving reasons thereof.
Article 87: Representatives will be entitled to be on leave of absence with pay one month each year. Use of urgent leave without pay shall be a maximum of one month per annum with the agreement of the Steering Board. In case of failure to be on leave, s/he would be entitled to do that in the coming years.
Article 88: Permission to be on leave the entire part of a session or part of parliament sessions will be given on agreement of the Majlis Steering Board and in the committees and sub-committees by chairmen of the committees and sub-committees.
Article 89: None of the representatives would be allowed to be absent before being granted the permission for the leave of absence unless they do so on justifiable reasons such as disease or unexpected natural disasters.
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Section 6: Absence of representatives
Article 90: A representative not showing himself without sufficient cause for a continuous period of more than100 hours or intermittent period of 250 hours in a year during the official time taken up at the Parliament or committee sittings shall be considered to have resigned. Also, a representative who is absent for more than four months a year due to physical disability or other illness, may be called upon to give up his office as representative at the request of 30 other representatives and with two-third of the representatives present in the Parliament endorsing the representative’s inability to perform his/her duties as representative.
Note 1: Note 1: If within a week a representative is recognized as resigned and such a resignation is officially announced, the representative himself or any other representative may raise objection arguing that the representative’s absence is justifiable.Such objections, which shall be discussed at the earliest opportunity in the Parliament, must be submitted in writing to the Steering Board. After hearing at most two speakers favoring the objection and two opposing it (each for 15 minutes), the representative’s absence shall be considered justified. A member of the Parliament Steering Board and the representative whose resignation is under consideration shall have precedence to speak for and against the issue respectively.
Note 2: If a representative so considered to have resigned argues that his/her absence is justified but is not able to show up in the Parliament during the hearing of objections to his/her absence, the representative may submit his/her points of argument to the Parliament in the form of a bill. Such bill shall be read out by one of the secretaries as a priority in the specified time so that the opponents will speak. The time limit for recitation of the bill will be maximum half an hour.
Article 91: Remuneration by way of salary shall not be made in the event of unjustified absence and delay.
Article 92: Computation of the hours of absence in the committees rests with Chairmen of the committees and in official sittings of the Parliament with the Presiding Body and in both cases the official announcement of absence will be by the Parliament Steering Board. The Parliament Steering Board will have the duty to inform representatives monthly of the unjustified absence and delay of representatives in the committees.
Article 93: The unjustified absence and delay of representatives will be declared before end of the Parliament sitting and will be recorded in case of Parliament debates.
Note: Unjustified absence exceeding two sittings of the committee will be taken as absence in one official sitting ofParliament.
Section 7: Resignation of representative and its investigation
Article 94: Any representative, whose credential is ratified, can resign from his post as representative. Acceptance of resignation will be pending on the Parliament approval.
Article 95: The representative will write his/her call for resignation with justified reasons to the Parliament Speaker and he would announce it in the first plenary session without reciting the text, putting on the next week agenda. The representative can call back his resignation before start of the survey at the Parliament.
Article 96: Investigation of the call for resignation will be in a way that initially the call for resignation is recited and then the person demanding the resignation or any other representative identified by him will demand defense. The period for recitation of call for resignation and for explanation by the envoy of the applicant for the resignation will be a maximum half an hour. The opponent(s) will have maximum half an hour to speak and then voting will be held. If the call for resignation is approved, the result will be announced to the Interior Ministry by the Speaker to act on the case based on the election law.
Note: If the representative demanding resignation does not show up in the Parliament to raise the call for his resignation and does not assign anybody to defend him, the text of the call for resignation will be recited and the opponent, if any, will speak for maximum 15 minutes and then there will be voting.
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Article 97: If the plea for resignation of a number of representatives results in failure to hold an official meeting, it will not be suitable to be raised in the Parliament.
Chapter 3: The Parliament Procedure
Section 1: The Parliament sittings
Article 98: In order for Parliament sessions to be official and the voting be considered valid, at least two third of the representatives should be present.
Note 1: As for continuation of the debates that will not result in any decision or voting, presence of at least half the representatives is necessary.
Note 2: The official sittings will start with recitation of a few verses from Holy Quran that on view of the Steering Board are as much as possible in proportion with that day’s meeting.
Article 99: The representatives should be present in the Parliament on the day assigned formerly for holding the official session. In case of unjustified delay, they would be punished by the Steering Board. Also, each of the representatives, unjustifiably leaving the sitting at the time of voting when by the Speaker had announced already that nobody should exit, will be punished and in case the delay and absence are repeated, the regulations of the Rules of Procedure will be put to force in his case by the Steering Board. List of the representatives having unjustified leaves for three times a month will be published in dailies.
Article 100: Identification of the number of those present will be possible through Notice Board and it should be announced by the Speaker in the beginning of each session and before voting.
Note: In the event the Notice Board is out of order, the distinguishing of the number of those present will be possible by secretaries by maximum end of the same session and the Steering Board will have the duty to repair and fix the Board before the next session is held.
Article 101: Maximum period for each official session will be four hours non-stop and/or with a break interval, unless under emergency cases which will be distinguished by the Speaker and approved by the Parliament. Those absent after the break will also be subject to regulations regarding absent and delay.
Note 1: Timing for agenda of the Parliament official sittings shall be so arranged that will not coincide with the times of the on time prayers.
Note 2: As for the bills or motions whose investigation will not end in six sessions, the parliament will hold sessions every day, except holidays, from the seventh session and increase in the hours each session will be on the Parliament approval.
Article 102: Members of the Steering Board of the Parliament should be present in the hour assigned formerly for holding sessions and in case of unjustified delay or absence, they will be subject to penalty based on this Rules of Procedure and on view of the Chairman.
Article 103: The Chairman of the session will have the responsibility to hold sessions and arrange debates and enforce Rules of Procedure and maintain order in the session.
Article 104: The Parliament weekly agenda shall be drawn up in the order in which the bills and motions submitted by various committees are received by the Steering Board and after printing and distribution, it will be installed on special Notice Board of the Parliament. The sequence observation is mandatory. The bills and motions considered as a matter of priority may be placed on the Parliament weekly agenda without following the regular order of receipt if so requested by government or 15 representatives and with the agreement of the Steering Board. If 50 representatives request the bill or motion be given the priority, the Steering Board will have the duty to put it on the weekly agenda of Parliament.
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Note 1: At least 50 representatives can ask the chairman of the parliament session to put the Committee’s printed report on agenda of the Parliament plenary session out of the pre-assigned order and the Chairman will in turn put call of the applicants on vote after speech of one of the applicants and an opponent and a proponent each for five minutes. In case of approval, investigation into the requested report will start either in that or the next session and it cannot be stopped with re-enforcement of the note.
Note 2: The inquiry and budget liquidation reports along with reports of the committees, except reports on bills and motions, will be put on the Parliament agenda out of pre-assigned order. The reports should be printed and put at the disposal of representatives at least 48 hours before being raised in the Parliament and its summary should be recited in the session within maximum half an hour and the full text of the report will be printed in the details of the talks.
Note 3: The Steering Board can put on agenda of the plenary session the recitation of entire or part of the reports, received from the organs and organizations, that are responsible based on the law to report to the Islamic Parliament of Iran for recitation in open session agenda, while referring its full report to related committees.
Note 4: All the reports raised in the plenary session should be distributed within at least 24 hours before being raised, duplicated and distributed among representatives, unless under conditions when the Rules of Procedure assigns explicitly another time for the purpose.
Article 105: After submission to the Parliament Presiding Board, the final report of the Article 90 Committee of Parliament, will be put on agenda out of order and recited in the first open session if concerns the public.
Article 106: Under emergency conditions when country’s security is a matter, in-camera session of the Parliament will be held on the written request of the President or one of the ministers or ten of the representatives. In that case, the applicants will set forth their justifications regarding emergency conditions and exigency of the country’s security and consequently the need to hold non-open official session of the Parliament by maximum 15 minutes consecutively and/or in two alternative terms and then one person will address the meeting for maximum 15 minutes as the opponent and in case of approval by two third of those present in the meeting, the investigation will be in the in-camera session will continue; otherwise, the session will be again open and act normally.
Note 1: The approvals of the in-camera sessions will be valid if approved by three fourth of the representatives in presence of the Guardian Council.
Note 2: The Parliament will be the body responsible for distinguishing end of the emergency conditions so as to publish debates and approvals of the in-camera meetings to the public or Parliament. On the proposal of at least ten of the representatives and debates in the in-camera session of the Parliament in the way specified by the same article and approval of majority of those present in the Parliament it will be possible.
Article 107: Chairman of each session will before end of each session officially announce the date and hour as well as agenda of the next session to be specified in highlights of the debates unless under emergency cases (on the view of the Steering Board) that will be announced officially at least 24 hours prior to holding the session.
Article 108: In case of any disorder and tension, that will obstruct the Parliament procedure, the speaker will rise up in his position if failing to check it. If Speaker rising up does not lead to calm, the session will be closed for 15 minutes as a break and the representatives will leave the meeting and return after end of 15 minutes. If the disorder and tension resume, the Speaker will end the session and postpone it to another day.
Section 2: Addresses and debates
One: Addresses
Article 109: In any official meeting, except session for investigation of the bills on development plans, annual budget and impeachment or vote of confidence to ministers, three representatives would address the meeting for maximum seven minutes in
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turn and based on the list prepared by the Steering Board before hand through drawing lots. Also, two of the representatives, not having the turn to address the session, will be able to sign up special plate or electric system on emergency one hour before start of the session to address the meeting by maximum five minutes. If more than two representatives call for the address, the Steering Board will give time to two of them on drawing lots.
None of the representatives would deliver five-minute address more than once in two months. The representative would not be entitled to let another representative to address all the time s/he was allowed to do so.
Article 110: In any session, before going to the agenda, the Speaker can inform the representatives of the report on key events and prime issues of the day that the Parliament should be aware of. The time limit for the briefing will be maximum 15 minutes.
Note: Heads of the Executive and Judiciary branches of government can address the open session of the Parliament beyond the issue put on agenda. The address will be in the first possible chance after receipt of their demand for the purpose and announcement of the subject of the address to the Speaker after consent of the Steering Board. The hour and time limit for the address should be brought to the information of representatives before start of the session.
Article 111: If the representatives consider it necessary, the ministers will have the duty to attend the Parliament on the proposal of the Speaker or of 15 representatives and approval of the Islamic Parliament of Iran. If the ministers demand and have something to say, their notes will be aired at Parliament.
Note 1: The Parliament Steering Board can allocate all or part of the Parliament session to investigate into the key and essential affairs of a country.
Note 2: The agenda of the sessions and the quality of their management will be decided by the Steering Board
Article 112: The hierarchy and time limit of the addresses are as follows:
The duration of the address in the plenary session will be as follows:
Two hours for impeachment of a minister and four hours for impeachment of government or more than one minister. Those raising the censure motion against a minister can introduce one envoy or more for debate on the subject of impeachment; however, collection of the addresses of the impeachers should not exceed the time limit.
2.As for generalities of any bill or motion, the spokesman of the main committee will initially present report for maximum five minutes; then maximum three opponents and three proponents – one opposition and one proponent respectively- and then the government envoy and spokesperson of the committee will address the meeting each for maximum five minutes.
Note 1: As for important or elaborate bills or motions, the number and/or time of those addressing in support or against and the time of the government envoy and spokesperson of the committee can be increased by maximum two times on the proposal of the chairman of the session or 25 representatives and on the vote of the absolute majority of the representatives present there.
Note 2: As for generalities of the two- or three-star motions and the motions the main committee has not reported on due time, one of the movers can speak instead of the spokesperson in the beginning and end of proceedings in the parliament.
3. For following cases each for five minutes:
-Defense against allegations and distortion of the address
-Opposing or supporting any of the articles of the motions and bills
-Explanation in the amended proposal about articles of motions and bills, including the personal or group ones.
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-Explanation of the government envoy or spokesperson of the committee on proposals
-Explanation on the proposal for urgency or discarding urgency and opposition against it
-Proposing to leave the motion or bill un-investigated and opposing it
-Suggesting break
-Suggesting to obtain secret voting
-Notice based on Rules of Procedure and/or constitutional warning
-Proposing different kinds of voting on the impeachment
4. For noticing based on the Rules of Procedure and/or constitutional warning within maximum three minutes
5. In all the cases highlighted in part A and under emergency conditions, the timing for the address and deliberation will be extended exceptionally without any debate and on proposal of the Speaker or 10 representatives and the Parliament approval.
6. As for outlines of the country’s annual budget, the committee spokesperson will present the committee report after the president’s address. Then maximum 10 representatives– each for maximum 10 minutes — will address the meeting against report of the committee and 10 others in favor of the report; i.e. one will address against and one in favor of the report. Then government envoy will lecture for 20 minutes followed by the committee spokesperson. The collection of time for the lecture by the Committee spokesperson will be 30 minutes.
Note: In the case of generalities and one or several twelfth of the budget, the comments will have the time specified in the said clause.
1. The time-limit for important issues relating to foreign policy such as treaties, protocols and international agreements shall be maximum three hours and for each speaker will be maximum 15 minutes.
2. Before voting for election of the juror member of the Guardian Council and head and attorney of the Audit Court, each candidate will have maximum 10 minutes in the plenary session to inform representatives of his/her specifications, job experience, educational status and plans.
Note: In all the cases referred to in this Rules of Procedure, the representatives will be allowed to speak for or against in theParliament. Observation of the hierarchy of registration and/or call for addressing will be mandatory. Under circumstances number of those, signing up the Notice Board or electronic hardware prior to the Plenary session to address Parliament, exceeds the figure specified in this Rules of Procedure, one of the members of the Steering Board will have the duty to decide required number of applicants by drawing lots from among those registered on due date. The individuals assigned for the purpose will not be entitled to cede their right to another representative.
Article 113: The one addressing the Parliament should not beat around the bush. Whenever the Speaker comes to the conclusion the one addressing the session speaks beyond the topic and when the speaker gives him/her notice twice within one address to stop going on the margins and s/he still holds on the topic, the third time he can prevent her/him of continuing the address on the subject whole the session unless the Parliament affirms continuation of the address.
Article 114: Interruption of the address and representatives’ not keeping silent in the Parliament as well as any charges and insult, personal criticisms and the gestures and shows that will result in the Parliament disorder are forbidden, being subject to punishments referred to in this Rules of Procedure. The chairman of the sitting will be accountable to prevent such offenses.
Two: Debates
Article 115: The topics raised at the Parliament based on agenda should be put on a special paper, installed outside the session, or on the electric device one hour before holding the session so that those going for or against it will willingly sign up personally in a
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special column on the paper or electric device, specifying the generalities and each of the articles. The priority for the address will be with those who sign up the list and in that case, one will speak for and one against it respectively. If nobody signs up to speak for or against, the opposition or supporting representatives at the Parliament would take turns in writing and speak alternatively. If nobody in the list is for the issue, the opposition will speak in turn and if there is no opposition, nobody except the government envoy or the spokesperson will speak in favor of the case.
Note: If an issue is put on the Parliament agenda and not touched for certain reasons and if the same issue is examined in the next session of Parliament, registration of primary opposition and proponent will be valid.
Article 116: The full debates in any session along with the approvals will be recorded and registered and distributed among the representatives within maximum 48 hours later. The representative, that in detailed version of the debates something is put down against his statements, will be allowed to give notice in the official sitting briefly and only with regards to the same point and then corrections to that part of the debate will be included in collection of the Parliament debates. The list of debates at the Parliament should be endorsed by the Parliament Speaker or Vice-Speaker running the session.
Article 117: When in the course of discussions on the motions and bills, the president and vice-presidents, ministers and their deputies and spokespersons of the committees deem necessary to speak on the topic within framework of articles raised in that connection, they will be allowed to do so within framework of regulations and time limits specified in the Rules of Procedure.
Article 118: Representatives will be allowed to issue statement on key domestic or international issues or on special occasions, submitting them to the chairman of the meeting. If the statement is signed by at least more than half the representatives, the text will be recited at the end of the plenary session, without citing names of the representatives endorsing it. Then it will be put in the form of an official letter and sent to related authorities and names of the signatories will be printed in details of the debates.
Note: Distribution of any letter, report, brochure and the like at the Parliament Hall will be in accordance with a guideline ratified by the Steering Board and brought to the information of representatives later.
Section 3: Votes
One: Quantity of votes
Article 119: The Parliament approvals in the official sitting and with yes votes of the absolute majority of those present, who would be more than half the representatives present in the Parliament, will be valid unless the Constitution or the Rules of Procedure point to a scheme other than the present one.
Article 120: All the elections held in Parliament, committees and sub-committees, including the private and group ones excluding the elections for the speaker who would be chosen with absolute majority of votes of those present, and other cases when no other limit is set by the Rules of Procedure, will be possible with simple majority of votes and in case the votes are equal, those needed will be specified through drawing lots on those elected. List of all candidates along with number of votes they gained will be announced by the chairman of the Steering Board
Article 121: The criteria for validity of result of voting in Parliament, committees, sub-committees and so on various occasions are as fallow:
1. Majority of four fifth of the total representatives:
-Minor amendments to country’s border lines (Article 78 of the Constitution)
1. Majority of three fourth of the total number of representatives
2. Stopping elections and continuation of former Parliament procedure at time of war and military occupation (Article 68 of the Constitution)
3. Approvals of the non-open official meeting (Article 69 of the Constitution)
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4. Majority of two third of total number of representatives
5. Ratifying call for reference to public votes (Article 59 of the Constitution)
6. Ratifying non-competency of President (Article 89 of the Constitution)
7. Ratification of calls for top urgent (three-start) motions and bills
8. Majority of two third of representatives present
9. Ratification of the Parliament Rules of Procedure and its interpretation
10. Ratification of holding official in-camera Parliament session in accordance with Article 106 of this Rules of Procedure
11. Ratification of call for two-star bills and motions
12. Ratification of provisions of Article 79 of the Constitution
13. Amendment to the Law on development plan along with the budget bill and other motions and bills
14. Absolute majority of representatives present for:
15. Election of speaker (first phase)
16. Election of head and attorney of the country’s Audit Court
17. Vote of confidence to ministers
18. Vote of no confidence to ministers
19. Ratifying bills and motions and interpretation of laws
20. Ratifying inquiry
21. Ratifying demand for one-star bills and motions
22. Changing weekly Parliament agenda
23. Voting to the right move for inquiry of a minister by representatives
24. Ratifying provisions of articles 77, 80, 82 and 83 of the Constitution
25. Ratifying devising tentative laws and permanent endorsement of the charters of organizations by the Parliament committees and government based on Article 85 of the Constitution
26. Determining number of members of subsidiary committees in committees
27. Ratifying credentials of the representatives whose dossier is referred to the Inquiry Committee
28. Removing articles, notes and clauses from report of committees in the plenary session
29. Ratifying increase in number of persons addressing for or against a motion or bill or extension of time limit for debates on the important bills and motions that are concern of note 1 of the Article 112
30. Other cases cited in this Rules of Procedure or other laws for which such labels as “ratification” or “the Parliament consent” is cited and in this Rules of Procedure to criterion for which is not specified.
31. simple majority with the least vote of more than one third of representatives present in the Parliament session for:
32. Election of the members of the Steering Board of the sub-committee
33. Election of the representatives for membership in the Joint, Common and Inquiry Committees
34. Election of members of the Specialized, Inquiry and Rules of Procedure Formulation Committees to the sub-committee
35. Ratifying change of representatives’ committee
36. Election of members of the Select Committee in Parliament
37. Simple majority:
38. Election of the speaker (second turn) and other members of the Parliament Steering Board
39. Election of the juror members of the Guardian Council
40. Election of the chairman and members of the Steering Board of the committee and subsidiary-committee
41. Election of representatives to monitor associations, councils and organizations
42. Election of the members of the committees of each commission
43. Election of ten representatives to enforce Article 177 of the Constitution
Note: The maximum votes required for rejection, removal, annulment, and amendment of laws will be those necessary for their approval unless when the Rules of Procedure has distinguished another scheme for the purpose explicitly.
Two: Quality of votes
Article 122: Voting at the Parliament will be in one of the following ways:
1. Through electric switches
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2. Open vote with ballot sheets
3. Secret voting with ballot sheets
4. Sitting and rising
Note: Before any voting, the text or subject under discussion should be read out for the representatives and/or announced and the voting will take place immediately. If the text is announced and there is no need to recitation, the text on which voting is made should be brought in full in the footnote of details of debates.
Chairman of the session will have the duty to prevent any warning, noticing, addressing or explanation before announcing start of the voting and after at least 10 seconds he would announce result of the voting.
Article 123: The Parliament Steering Board will have the duty to equip the Parliament with sophisticated electronic devices so that counting number of those present in the Parliament and announcement of the Yes and No votes as well as abstentions is possible through the devices and outcome of the votes will be brought into view of the representatives. In case of technical failure of the devices for maximum one week, the voting will be in the form of rising and sitting or other way. Extension of the time limit will be on the Parliament approval.
Article 124: Under following cases, the voting will be openly and with sheets:
-Whenever at least 10 representatives call for open voting with sheets instead of using electronic switches and rising or sitting, initially voting will be made on the call without any debate and in case the call is approved, the subject in principle will be on vote openly and with sheet.
Article 125: In the open voting with ballot, each representative will be availed with three cards: White, dark and yellow. On the cards name of the representative is printed. The white card means acceptance, the dark card means rejection and the yellow card means abstention. While voting with the sheet, the representatives will drop their white, dark or yellow cards into vases under supervision of secretaries. The representatives refusing to vote or leave the session hall after announcement of voting will be considered giving vote of abstention.
Note: Names of those going for or against and of those giving votes in abstention as well as those of the persons refusing to take part in the voting or leaving the Hall after announcement of voting will be registered in details of debates of theParliament without being recited in the session.
Article 126: Under following cases the secret voting with sheets will be mandatory:
1. Election of members of the Steering Board jurors of the Guardian Council, the Parliament envoys in institutions and delegations, associations and councils, and other elections relating to personalities
2. Election within sub-committees and commissions
3. Vote of confidence and non-confidence to ministers, cabinet and vote of incompetency to president
4. vote to credentials of representatives objected to
Note: The Steering Board will have the duty to prepare special cards for secret voting and put them at the disposal of representatives. Voting through any another ballot sheet or card other than the ones referred to above will not be valid.
Article 127: On condition outcome of rising-sitting voting is doubted by two secretaries of the Steering Board immediately or by 25 representatives within 15 minutes after announcement of the voting, there will be voting by ballot sheets without any discussion in connection with the doubt. If the demand of those in doubt is approved by half plus one of the representatives attending the session, the outcome will be the criterion for action. If the doubt relates to the last 15 minute of the session, the voting could be held in the session to remove any doubt.
Note 1: Those in doubt should put their names personally in a special sheet available in the location of the Steering Board and sign it up.
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Note 2: Those in doubt would not be allowed to give up their demand after 15 minutes from the voting.
Three: Announcing vote results
Article 128: Upon announcement for the voting, number of representatives present in the session will be informed by the head of the session using the counter device and immediately voting will be held. In the event the table assigned for counting votes is technically out of order, what majority of the secretaries acknowledge being the number of the representatives present shall be definite.
Article 129: In all the cases, the results will be announced explicitly by the Speaker.
Article 130: Names of all the applicants for secret or open voting with ballots will be registered in the form for detailed debates of Parliament.
Part 2: Function and power of Islamic Parliament of Iran
Chapter 1: Legislation
Section 1: Legal bills and motions
One: Legal motions
Article 131: Legal motions signed and sealed by at least 15 representatives, will be submitted to chairman of the session and after announcement of receipt and recitation of the heading by the chairman or one of the secretaries, will be referred to related committees in the same session. Once referred to related committees, the motions will be printed, distributed and a copy of which will be put at the disposal of related minister(s) by the chairman. Alike bills, the motions should have definite topic and heading and the justifications mandating their preparation and proposal should be clearly mentioned in the prelude and also should contain articles in proportion with the motion’s topic in principle and heading.
Article 132: The signatories of the legal motions would have the right to be present in the related committees, where their motion is raised, to provide necessary explanations and the committee will inform them in writing the date the motion will be on debate.
Article 133: After announcement of the receipt of the legal motion, if a group of signatories call for its deferring in a written request to the extent that the remaining signatories are less than 15, if the call for deferring precedes ratification of the outlines, the bill will be deferred and its report will be given to the Parliament and if the outlines are ratified, after explanation of one of those demanding it and speech of a person speaking against it – each for 10 minutes –the motion can be deferred.
Article 134: If a motion failed to be ratified by the Parliament or by the committees being the concern of the Article 85 of the Constitution, it cannot be proposed to the Parliament again without drastic changes for next six months unless 50 representatives ask it in writing and the Parliament approves it.
Two: Legal bills
Article 135: Legal bills proposed to the Parliament by government should:
1. contain a clear topic and heading
2. specify clearly the reasons of their preparation and suggestion in the prelude of the bill
3. enjoy articles in proportion with the topic in principle and heading of the bill
Article 136: Based on Article 74 of the Constitution, all the legal bills submitted to the Parliament should be endorsed by the President and minister or the ministers concerned. In case of no responsible minister, the signature of the president will be enough.
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Article 137: The legal motions should be submitted to the Parliament plenary session by related minister or government envoy and when it is raised the related minister or one of the ministers should be present in proportion to the subject. Vice-presidents and ministers, the head or deputy head of the High Provincial Council, introduced officially to Parliament, could be present in sessions of the Parliament and committees for necessary explanation and defense if necessary.
Article 138: Deferring of the legal bills with the approval of cabinet will be possible in the following order:
If the deferring precedes ratification of the outlines of the bill in Parliament, the president will write strong justifications and ask for its referring back and the report will be announced in the plenary session.
If the deferring follows ratification of the outlines of the bill and in any phase before final ratification, the minister or one of the vice-presidents will in proportion to the subject present the call of the present and can through offering reasons to the Parliament plenary session and speech of an opponent – each for 10 minutes—and the Parliament approval retake it.
Article 139: A copy of all bills and motions presented to the Parliament will be put at the disposal of the public through the media after announcement of receipt.
Three: Motions of High Provincial Council
Article 140: The motions passed by the High Provincial Council, that should have a heading and a definite prelude of justification and proportionate articles, will be directly submitted to the Parliament by the government. The chairman of the session or one of the secretaries will announce receipt of the motions and refer it to related committee for examination and then print it and distribute among representatives, while sending a copy to the cabinet for presence and defense of their stances.
Note: The quality of examination of the motions and call for their deferring will be like the government bills.
Four: Common regulations on bills and motions
Article 141: In the beginning of each legislation period, the Steering Board will have the Legal Department prepare a list of delayed motions and bills, putting it at the disposal of representatives while sending a copy to the government. Each of the delayed bills or motions, whose investigation is demanded by government or 25 representatives, will be referred to related committees and the committees will do the job based on the sequence cited in this Rules of Procedure. Whenever the first reading of the bills or motions ends already, the investigation to the bill or motion will be done in one reading on a proposal by the committee
and the Parliament approval. In case of government change, the bills will be kept out of the circulation if the new government officially announces deferring of the bills.
Article 142: The Parliament representatives and government cannot propose a bill or motion, covering more than one subject, as a Single-Article Act, and call for its approval. If the bill or motion comprises more than one subject, the articles and notes should be raised and consulted one by one. The Steering Board will have the duty to observe the provision of this article before announcement of receipt of the bills and motions. The country’s general annual budget bill and its annexation are exception to this rule.
Section 2: Procedure of investigation and ratification of ordinary bills and motions
Article 143: Investigation and approval of all ordinary bills and motions will be in one reading unless in cases that quality of whose investigation is specified in this Rule of Procedure or on the view of the Steering Board whose investigation will be necessary in the two readings.
Note: If the committee views that the bill or motion being the concern of this article is rejected or left idle and the outline of the bill or motion is passed in the plenary session, such bills and motions will be referred to the committee for investigation in the second reading.
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Article 144: The chairman of the session will have the duty per the Constitution’s Article 75 to announce in the same session or within maximum next two sessions of the Parliament the receipt of all the ordinary bills and motions, that are submitted toParliament, while referring them to related committees and have them immediately duplicate them and put at the disposal of representatives on his order.
One: Studying bills and motions in committees
Article 145: The bills or motions, envisaging many dimensions and have something to do with other committee besides the main committee, will be referred to related committees by the speaker after specification of the main committees and sub-committees and articles relating to sub-committees so that consultations and investigations are made on the part relating to the committee and within 10 days, which is extendable up to 10 more days on agreement of the main committee, its report will be prepared and referred to the main committee. The main committee will start investigation into the withdrawn bills and motions after ten days and receipt of comments of the sub-committees and invitation of the representatives. The final report, containing report of the main committee and reports of the sub-committees will be submitted to the Parliament by the main committee for investigation and examination.
If the sub-committees are at odds on outlines with consent of the main committee, the spokesperson or one of the members of the committees can explain about view of his/her committee before voting.
Note: Under circumstances the committee or committees oppose the quality of reference of bill or motion, they will inform the Steering Board of their protest and it will have the duty to look into the issue in the first possible chance and make decision.
Article 146: The report on rejection or deferring or approval and alteration and completion of any bill or motion referred to the committee should be sent to the Parliament within the period specified and announced by the Parliament Steering Board and on agreement of the related committee and it will not exceed one month from date of receipt by the committee bureau.
As for detailed bills and motions, when the committee fails to finish its investigation within the specified period, it should report the case to the Speaker of Parliament. In that event, the time limit will be extended on the proposal of the committee and approval of the Steering Board.
In case of failure to send report of the committee in the specified period and after demand of ten movers calling for raising the bill or the government call to that end, the Steering Board will have the duty to investigate the issue and in case of agreement put the principle of the bill or motion on the Parliament agenda sequentially. If the report of the committee is printed and distributed 24 hours before investigation of the bill or motion in Parliament, the report of the committee will be examine in the plenary session.
Note 1: The committees can present the Parliament the report on similar bills and motions or the ones covering common or almost similar topics in one report.
Note 2: As long as it is not put on weekly Majlis agenda, the printed report of the committee will be changed and amended only with approval of two third of members of the committee and confirmation of the Parliament Steering Board and in case of inclusion in the weekly agenda, it will not be changed and amended.
Article 147: The report on rejection or idleness of the bill or motion will be on the Parliament agenda only when government with regards to the bill or 15 mover representatives with regards to the motion ask the Steering Board to put it on theParliament agenda within one month after printing and distribution of the committee report; Otherwise, it will be filed unless the committee report specifies a specific time for keeping the legislation uninvestigated which in that case, once the specified time expires, it will be on the committee agenda.
Article 148: The committees have the duty to invite the ministers or highest authority of related organ to be present while investigating the bills or motions.
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Article 149: In the sessions of committees, the representatives who are not member of that committee, can be present without the right to vote and if they are invited on part of the committee for explanation or participation in the debates, they should take part but will not have any right to vote.
Article 150: In all cases when the bills and motions, including the ones envisaged for two readings, one reading, urgency or certain articles of which and all the approvals referred back by the Guardian Council to the committee for investigation, the representatives would put their proposals into specific form within four hours before investigation in the main committee and deliver it to the committee Steering Board.
Note 1: Submission of proposals of the representatives will not be the concern of this article in cases when no other date is specified explicitly in this Rules of Procedure.
Note 2: Members of each committee can offer their proposals while the articles referred to the committee are investigated.
Note 3: The proposing representatives can show up in related committee and give necessary explanations on their proposal. The committee will have the duty invite in writing the representatives, who had offered their proposals within at least 24 hours before start of investigation, to take part in the committee and defend their proposal.
Note 4: As for the bills and motions investigated in two readings, the proposals on outlines will be accepted in the first reading and on articles in the second reading.
Note 5: All the written proposals of representatives, being present in the committee in the course of the investigation, will be printed and distributed along with report of the Committee.
Note 6: The Legal Department will have the duty to inform representatives in any way on the date of investigation of the referred topics in the committee.
Two: Studying and Ratifying bills and motions in the Parliament
Article 151: When report of related committees on the ordinary bill or motion is presented for first reading in the plenary session, debate will be held on the strong and weak points, defects, advantages and the need or lack of any need for debate on outlines of the bill or motion, then there will be voting on the principle of the bill or motion. In case of approval of the outlines, it will be referred to related committee for investigation in the second reading.
Article 152: In the second reading, the report of the committee will be aired in Parliament. In that phase, new proposal will not be accepted but the printed proposals will be article by article raised in the Parliament by the proposers. In that case, as far as group proposal is concerned, the proposer or one of the proposers will give explanations on each of the proposals in five minutes. After the pro and against comments and explanations, if any, by spokesperson of the committee and government envoy, voting will be held on the said proposal. After rejection or acceptance of the proposal, voting will be held on the article in principle. If the article is not approved, voting will be held for its omission without any debate and if omission of the article is not approved, new proposals for amendment will be accepted in that session.
Article 153: In the second reading, no debate will be held on the principle of the articles unless new articles are added to report of the committee or drastic changes are made in certain articles on view of the Steering Board. In that case, the first persons favoring or opposing the bid (based on the Notice Board installed for registration purpose or the electric switches) will speak each for five minutes and if necessary, the committee spokesperson and government envoy will address the meeting as well and then voting will be held on the article or articles.
Article 154: If in the second reading, the committee omits or totally changes certain articles of the bill or motion, each of the representatives would be able to propose the same article and after speeches by those favoring or opposing the bill and motion and comments of the spokesperson of committee and government envoy, voting will be held on the article. If the article in principle is ratified, proposals for amendment, already offered to the committee, will be raised and discussed and then voting will be held.
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Article 155: After ratification of the outlines and in the final reading of the bills and motions, the priority for investigation of the proposals in the plenary session will be as follows:
1. Proposal for return to government bill or the main motion
2. Proposal for omission of the entire article
3. Printed proposal of the sub-committees
4. Proposing omission of part of the article and printed proposals of the representatives if one of the members of the Steering Board distinguishes priority of the comprehensibility
5. Voting for principle of the article.
6. Voting for omission of the entire article in case the principle of the article fails to gain necessary votes.
7. New proposals of representatives
8. Reference to committee will be on the view of the chairman of the session (if the said proposals fail to garner necessary votes)
Note 1: In case of ratification of the proposal for withdrawal to government bill or main motion, the proposals in clauses 3 and four will be accepted.
Note 2: Reference of the bill or motion and parts of them from the plenary session to the committee, except the ones in this Rules of Procedure explicitly specified, will be possible on the proposal of the chairman of the session and the Parliament approval. The reference should be to the same reporting committee. The committee should look into the referring points and submit its report to the Steering Board within a week so that once the priorities are specified, they are put on the weekly agenda.
Article 156: Voting for the amendments proposed for an article will precede that for the article itself.
Article 157: While any of the articles are discussed, when there is proposal for omission of the entire or part of the article or removal of ambiguity in it, after explanations by the proposer and comments of one speaking in favor and one against it, voting will be held on the proposal. In case the suggestion is approved, the remaining articles will be put on discussion and voting.
Section 3: Phases of investigation and ratification of urgent bills and motions
One: Outlines
Article 158: The urgent bills and motions are as follows: One-star (urgent), two-star (very urgent) and three-star (top urgent)
Article 159: When urgency of bill or motion is called for, after explanation of the proposer or one of the proposers and the pro and against comments, voting will be held on the urgency. If the request for urgency is not envisaged in the bill or motion, 15 representatives would in writing call for urgency of the bill or motion. Ratification of the urgency of the bills or motions will be as follows and with respect to the degree of their urgency:
Urgent (One-star) bills or motions: Featuring speeches of one person against and one in favor of it and with vote of absolute majority of participants
Very urgent (two-star) and top urgent (three-star) bills or motions: Featuring speeches of a two individuals against and two others in favor of it and passed with votes of majority of two third of the participants and two third of present representatives respectively.
Note: The Steering Board will have the duty to duplicate and put at the disposal of representatives the urgent bills and motions at least one hour before their urgency is raised in the plenary session.
Article 160: The principle is that investigation of the bills or motions is normal. So, their urgency should reveal necessity or exceptional case and evidenced by the following justifications:
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1. Urgent (one-star) bill: The prime and emergency need of the society and the priority of the bill or motion over other cases on the table
2. Very urgent: The need to prevent eruption of likely damage and losing opportunity
3. Top urgent (three-star): The fully emergency and vital condition and to speedily counter the absolute damage.
Article 161: As for bills or motions, whose emergency is ratified, initially its principle is brought under debate and then voting will be on the Single-Article act or articles after their reading and then each of the articles are put under debate and voting is held for each article separately.
Article 162: On the request of government or 15 representatives and the Parliament approval and before going for reading on the Single-Act article or articles of the motion and/or bill, one can call for detaching the label of `urgency’ absolutely or detaching the label of `one urgency’ from two-star urgency, or one or two labels of urgency from the three-star urgency bills or motions. The call for urgency or detaching label of urgency for each bill or motion will be possible only once.
Two: Urgent bills and motions
Article 163: The one-star (urgent) bills and motions are referred to the main and subsidiary committees after ratification of their urgency so as to be investigated and ratified out of pre-assigned order. The committee report on the bills and motions will be printed and distributed among representatives at least 48 hours before the time they are raised in Parliament.
Article 164: The one-star bills and motions will be investigated in one reading and after receipt of report by the committee will be put on the Parliament agenda out of pre-assigned order and dealt with in one reading as follows: Initially, there will be debate on principle and then the Single-Article act or any of the articles and then voting will be held on them.
Three: Very urgent bills and motions
Article 165: The very urgent bills and motions will be investigated in the following ways:
1. Within maximum four hours after approval of the urgency, the bill or motion will be printed and distributed and referred to related committee.
2. Within maximum 20 hours after ratification of the urgency, the proposal of representatives will be submitted to related committee.
3. Within maximum 72 hours after ratification of the urgency of the report of the committee, it will be on the Parliament agenda.
Note: If the committee fails to present its report within the said period, the bill or motion will be put on the Parliament agenda.
4. At least one hour before start of the talks, the proposals of the representatives will be printed and distributed.
Four: Top urgent bills and motions
Article 166: As for the top (three-star) urgent bills and motions, after approval of their urgency, there will be debates and voting in the same session immediacy on their outlines and then on their Single-Article Act or any other article.
The proposal of the representatives will be accepted before dealing with the Single- Article Act or any other article and voting will be held on them after comments of a representative in favor and the other one against it and of government envoy.
Section 4: Investigating bills and motions based on Article 85 of the Constitution
Article 167: Parliament, if deems necessary, will per Article 85 of the Constitution cede the authority to its committees to tentatively ratify certain laws that are permanent in nature and to its committees or government to permanently ratify articles of association of the government or state-affiliated organizations, companies, and institutions.
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Note 1: Government should take necessary legal action at least six months before end of the tentative period of the law so as to extend or specify permanent responsibility on it.
The Steering Board will have the duty to make arrangement through the bill or motion to make the case clear before end of the tentative period.
The bill or motion can be devised in the form of a Single-Article Act and without any change or with amendment of parts of the tentative legislation.
Note 2: After expiration of the tentative time span, such laws will no longer be legally valid.
Note 3: The period for enforcement of the amendments of the tentative law and development program will be subject to the period the law in principle is implemented.
Article 168: In the event the government or 15 representatives call for referring the bill or motion to the Parliament committee/committees or government before start of final investigation in the Parliament based on the Article 85 of the Constitution, the demand will be announced in the plenary session of the Parliament and put on agenda of the Parliament in order.
Article 169: When the said call is raised in Parliament, the government envoy or the representative of the applicants, will cite the reasons for urgency of referring the bill and/or motion within maximum 10 minutes and then two supporting and two opposing representatives, already registered or took turns in the Parliament in case of failure to register, will speak for ten minutes each and then voting will be held.
Article 170: After the Parliament consent, the bill or motion will be sent to the committee. The sequence of investigation of such bills and motions in the commission will match the one for investigation and approval of the bills and motions inParliament; however, the criterion for validity of the approval will be votes of at least two third of the members of the committee.
Article 171: After approval of the bill or motion in the committees, the time period for its tentative implementation will be onthe Parliament agenda this way: The committee approval along with the proposal for the period of enforcement will be duplicated and put at the disposal of representatives 48 hours before being raised at Parliament.
When the idea of time specification is raised in the open session, if no other proposal is made, there will be voting on the proposal of the committee. Otherwise, voting will be held immediately after for and against comments of representatives at plenary session of the Parliament for proposal of the representatives based on order of their receipt.
Note 1: The procedure such bills and motions are left uninvestigated before approval of the time limit for their tentative enforcement will match that for investigation of the bills and motions that are worth to be raised.
Note 2: If 15 representatives call for cancelling investigation of the bill or motion based on Article 85 of the Constitution prior to its confirmation by the Guardian Council, the demand will be announced in the same session and raised in the next session based on Article 169 of the Rules of Procedure and if the plea is approved, the investigation to the bill or motion will continue based on the Rules of Procedure.
Article 172: If the Parliament cedes the responsibility to government to embark on permanent approval of the articles of association of the government or government affiliated organizations, companies, and institutions, the article of association should be raised and approved in the cabinet sessions. The sequence for investigation and approval of the said articles of association will be based on the cabinet’s rules of procedure.
Section 5: Quality of surveying special and important cases
One: Quality of ratifying international treaties and conventions
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Article 173: Whenever the Government submits a bill to the Parliament requesting approval of any kind of treaty, memorandum of understanding, contract or international agreement or accession to international treaties, the full text of the documents must be appended to the bill submitted to the Parliament for investigation.
Article 174: The points referred to in Article 173 will be printed immediately and distributed among representatives and referred to related committee once its receipt is announced in the parliament.
Article 175: If the government deems the points mentioned in Article 173 “important” or if the committee concerned suggests within a week after receipt and/or representatives suggest such a label, investigation into the label will be immediately placed on the Parliament agenda to be put to vote after proposal and comments by one representative for and another against it – each for five minutes.
Article 176: If the description `important’ is not approved by the Parliament or if no such request is made by the government or the committee concerned or 15 representatives, the treaty, memorandum of understanding, contract or agreement shall be regarded as ordinary, and the Parliament shall take up the bill submitted by the government in one reading this way: After speeches by two opposing and two supporting representatives on generalities and details (each for maximum 15 minutes) and statements by spokesperson of the committee and government envoy, it will be put on vote.
Article 177: If the Parliament approves the description of the bill as `important’, the bill shall be looked into in two readings and in the following ways:
In the first reading, there will be debate on generalities, while taking related articles into consideration, and objections to certain terms and articles of in the contract shall be referred to the committee in the form of written proposals. Such proposals must be printed and distributed among the representatives 24 hours before being presented in the committee.
In a second reading the committee shall present to Parliament the objectionable points and proposals made by the representatives as well as its idea on the points along with approval and/or rejection of the articles without any changes and then on the points against which the representatives opposed in writing presented to the committee within due time, the opposing MP, the pro and against representatives – each for 5 minutes- will speak and voting will be held to see whether the objection is right or wrong. Once the voting on objections comes to an end, if the Parliament considers the objections valid, the government will have the duty to go into debate and talks with the contracting party/ies again on the point(s) objected to. In that case, the bill shall remain on the Parliament agenda until end of fresh talks. If the objections and proposals are accepted, the amended text will be considered approved. Otherwise, the latest proposal of the government on the original contract will be put on vote at the Parliament after addresses by one representative for and another against the bill – each for five minutes – at the Parliament.
Two: Minor amendments in border lines
Article 178: Full text of the international treaty, being adjusted based on Article 78 of the Constitution, should be annexed to the bill, submitted to the Parliament regarding minor correction in border lines, in order for investigation. The text of the treaty will be printed immediately after announcement of receipt and distributed among representatives while referring it to the National Security and Foreign Policy Committee.
Article 179: Having gained consultative consent of the Legal and Judicial Affairs Committee and while inviting the representative of the High National Security Council and the proposing representatives, the committee, referred to in the former article, will start all-out examination of the subject and send within one month its detailed report about the acceptance or rejection of the treaty along with essential proposals to the Steering Board.
Article 180: The bills regarding the treaties for minor correction in the border lines will alike other important international treaties be reviewed in two readings and will be investigated in the same sequence. Such treaties will be valid after ratification by four fifth of representatives if are merely aimed for minor amendments, while taking into consideration country’s interests and is bilateral in line with Article 78 of the Constitution and not harming the country’s territorial integrity and independence.
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Three: Necessary restrictions
Article 181: Based on Article 79 of the Constitution, at time of war and under emergency condition and the like, when government is entitled to clamp down necessary restrictions on Parliament approval, the full and clear-cut text of necessary restrictions along with necessary justifications along with legal bill will be submitted to the Parliament before enforcing any restriction.
Note: If the government imposes restrictions without any permission, the Speaker of the Parliament will have the duty to ask the president to submit the bill on the restriction. In that effect, the representatives will reserve the right to inquire or impeach the president and ministers.
Article 182: Investigation into the bill on necessary restrictions will be in one reading and in case of approval by Parliament, the period for its enforcement cannot be more than 30 days at any rate. If after expiration of the deadline, the necessity still persists, government will have the duty to regain permission for the purpose from Parliament.
Four: Others
Article 183: Based on articles 80, 82, 83 and 139 of the Constitution, any action on part of government in the following cases should be approved by Parliament:
1. Receiving or giving loan or granting domestic and foreign loans
2. Recruiting foreign experts under emergency conditions
3. Selling government monuments and properties and national antiques, except the exceptional national antiques, that cannot be sold at any rate.
4. Settlement of claims on public and government assets or their reference to an arbitration body when the other party in the claim is a foreigner, and also in important domestic cases
In all the cases, government will have the duty to present to the Parliament the detailed report on the issue along with legal bill so that would be investigated in one reading this way: Ater report of the related committee and speeches by two opposing and two proponent representatives (each for 15 minutes) on generalities and details, the move will be on vote for approval.
Section 6: Investigation of annual budget and plan
One: Ratification of development plan
Article 184: Investigation into bills on the Islamic Republic of Iran’s Economic, Social and Cultural Development Plan will be in one reading and as follows:
From printing and distribution of the bill on the plan, the Parliament representatives will have five days (excluding holidays) to offer their proposals on generalities and details of the plan to related specialized committee.
The specialized committees have the duty to study provisions of the plan, including articles, notes, tables and appendixes as well as proposals of representatives, within maximum ten days after printing and distribution of the bill and submit their report to the Joint Committee dealing with the case.
The Joint Committee has the duty to examine the reports of the specialized committees and outlines and details of the plan and proposals of representatives within maximum three weeks after end of the deadline cited in Clause B and submit its final report to Parliament.
Once the Joint Committee report is aired at the plenary session of Parliament, initially there will be debate on outlines of the plan. On outlines, five people will speak against and five in favor as follows: One person against and one person in favor each within maximum 15 minutes. Then the committee and government will each have maximum 45 minutes to defend themselves. Then
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voting will be held on generalities of the plan. As far as study of the generalities is concerned, completion of debates on the topic cannot be the yardstick.
Once the generalities are ratified, investigation will be launched into details of the plan and then the articles and notes and tables of the plan will be investigated one after another. In this phase, substitution of the article’s text or part of the article or note of the government bill, omission of the entire part, approvals for substitution of the specialized committees and the printed proposals of the representatives for each article or note or each of the parts, on condition that are not part of the independent identity, and omission of the part and printed proposals of the specialized committees will be investigated sequentially. Then there will be voting on the principle of the article or note or parts if enjoy independent nature.
If the principle of the plan fails to garner necessary votes, the case will be referred back to the Joint Committee for re-consideration so that it would present its new report to the Parliament within shortest span of time and maximum within deadline set by the Steering Board. The representatives can submit their proposals to the committee within maximum end of the same day.
As long as the bill on the plan is investigated in the Parliament Hall, there will be no proceeding in the parliament and no bill or motion, and no three-star bill and motion and inquiry, impeachment and vote of confidence will be on agenda and theParliament will have plenary session every day except holidays for at least six and maximum eight hours. In exceptional cases and on the Parliament approval, the timing will be extendable up to 10 hours.
1. The deadlines cited in clauses B and C are extendable twice on approval of the Steering Board.
Article 185: Amendment to the development plan law and the budget bill being based on the plan as well as other bills and motions will be accepted on votes of two third of present representatives and any amendment will be valid on votes of two third of the representatives.
Two: Ratification of country’s annual budget
Article 186: Government has the duty to submit the bill on annual budget of the country to the Parliament by maximum December 6 each year. The bill will be investigated in one reading and the order of investigation will be as follows:
From printing and distribution of the annual budget bill, the appendix and background, the Parliament representatives will have up to 10 days to offer their proposals to the Parliament specialized committees.
The specialized committees will have the duty to offer their report to the Joint Committee within maximum 15 days after printing and distribution of the bill.
Within maximum 15 days after end of the deadline for the specialized committees report, the Joint Committee with have the duty to look into the report of the specialized committees and prepare its final report and submit it to the Parliament. The deadline for investigation by the Joint Committee is extendable by maximum 15 days on agreement of the Steering Board.
4.After investigation into outlines of the budget and its ratification, the proposals on incomes and other sources of meeting general budget credit of the government will be investigated and the ceiling will be ratified. Then the proposals on notes and sub-notes will be investigated in the plenary session of Parliament.
Note 1: Only those proposals, that are received and printed on due time on part of representatives and committees on condition that they are not in contradiction with the plan law, will be raised in the plenary session of Parliament. The proposals not supported by specific source of income will not be raised and the proposals not exceeding the total will be raised only when definite category as a substitute is specified. Identification of the cases will rest with chairman of the session.
Note 2: The supplementary, amendments to the budget and other cases not envisioned in the article will be investigated based on ordinary regulations in this Rules of Procedure.
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Note 3: If generalities of the budget bill are not ratified, it will be referred to the Joint Committee only once so that it would present its report of amendment to the Parliament within maximum 72 hours.
Article 187: The Parliament sessions to investigate the annual budget should be non-stop and all the days of the week, except Friday and holidays, for at least four hours and as long as the readings and debates are not finished and voting has not been held, it will not be discarded from the agenda and no other bill or motion can be raised unless the bill on one or several 12th of the budget if necessary.
Note: As for prompt and vital legislations, including the two-star bills or motions and so on, distinguished by the Parliament that any delay in its/their investigation will leave irreparable damage, specific date will be set for its/their presentation and approval.
Article 188: If the annual budget bill of the country is not submitted on the deadline set by this Rules of Procedure, government will have the duty to submit the bill on several 12th of the budget to Parliament.
After printing and distribution, the bill will be on the Parliament agenda. Firstly, government envoy and then two people speaking against and two going in favor of the bill will speak each for five minutes, followed by voting on the outlines. If it is approved, investigation into the bill will be put top on the agenda of the next Parliament plenary session. The investigation will feature representatives’ proposals on degree of several 12th and in case of failure to be ratified, there will be voting on the government proposed figure of several 12th parts.
Note 1: The Parliament will investigate several twelfth parts of budget based on latest annual budget law, passed already by Parliament.
Note 2: The maximum time limit the Parliament can ratify for the budget of several twelfths is three twelfth.
Section 7: Interpretation of laws
Article 189: Investigation into bills and motions relating to explanation and interpretation of the ordinary laws will be in one reading and it can be on debate with urgency. When interpreting laws, no discrimination is made between discussions on generalities and details.
Article 190: In the event questions for explanation are presented normally, being one-star in nature, one person will start speaking in favor and one against – each for 10 minutes- them after report of the committee and explanation of the spokesperson, On the proposal of the Speaker or of 10 representatives and the Parliament approval, the length of speech and number of those going for or against the draft will be altered by up to two times. As for questioning for explanation on the laws, government envoy can also address the meeting.
Article 191: If the report of the committee and other proposals sent to the committee are not ratified by Parliament, any representative can write down his/her view and offer it to the Steering Board. The proposals will be discussed on order of receipt and if a proposal is not ratified, the issue will be referred to the committee for further debate.
Article 192: If the interpretation is in the form of two-star and three-star, it will be investigated alike other two-star and three-star bills and motions.
Section 8: Common points on investigation of bills and motions
Article 193: If a bill or motion is not the concern of the internal affairs of the Parliament, it will be officially brought to the information of the minister/related executive authority through the Steering Board of the Parliament so that he or his representative, officially introduced to Parliament, will be present in the Parliament plenary session and take part in the debates. If the minister/ his representative unjustifiably refuse to be present in the Parliament despite earlier information, s/he will be questioned by the Speaker. At any rate, the bill or motion will be studied in the same session even in absence of the minister/related executive authority and due decisions will be made.
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Article 194: The questions raised by the representatives to seek explanation will be submitted in writing to the Speaker when the bills or motions, relating to the topics, are debated in the first or second reading. The Speaker will give the questions to the spokesperson of the committee or the government envoy to hold them when to which explanations or justifications are given.
Article 195: If before end of final investigation at Parliament, at least 25 representatives call on the Parliament in writing to keep the received bill or motion uninvestigated for a specific period of time, there will be voting on them after explanation of one of the proposers for five minutes and due response by an opposition for maximum five minutes. The request to keep the bill uninvestigated will not be accepted without consent of the Vice-President for Legal and Parliamentary Affairs or the minister or deputy minister for parliamentary affairs.
The call to keep any bill or motion uninvestigated will be possible only once. The Steering Board will have the duty to put the bill or motion on the Parliament agenda once again after lapse of the period for its keeping uninvestigated.
Note: If the request for leaving the bill or motion uninvestigated is to make necessary amendments in the legislations, once the call is approved, it will be referred to related committee for necessary amendments. The way the amendments are investigated is similar to investigation of the bills and motions in the second reading.
Article 197: The warning against the bills or motions and other subjects under study in the Parliament are in contradiction with the constitution will be given the priority over other issues and will stop discussions on the main issue. The warning should be made before voting and with reliance to related principle by maximum three minutes. If the Parliament Speaker considers the warning right, it will be put on the Parliament vote without any debate. If the Parliament considers the warning right, the Speaker will take necessary action to accept the proposed amendments or omit the problematic point or refer it to the committee reporting it for re-consideration.
Article 197: If the representatives observe any violation of the Parliament Rules of the Procedure in the same session, they will be entitled to give notice for maximum three minutes on the case of violation without beating around the bush immediately before voting and with reliance on the article and if the violation is not relevant to that session, they will issue notice for maximum three minutes after the address and/or end of session before announcement of the closing of the session. If the Speaker considers the notice right, he will probe into it.
Article 198: Once the voting is held in Parliament, the warning and noticing on the issue on which voting is held will not be acceptable and the Parliament approvals will neither be changeable or amendable or referred to the committee and the sequence specified for the purpose in the Rules of Procedure should be observed.
Section 9: Referring the Parliament approvals to Guardian Council, Expediency Council and the investigation procedure
Article 199: All the Parliament approvals will be officially sent to the Guardian Council. If the Council does not announce its opposition within ten days after receipt or ten days after expiration of the extension of deadline as referred to in Article 95 of the Constitution, the approvals will be sent to the president for signature and information based on Article 94 of the Constitution.
Note: The day the approval is received and the day the Guardian Council announces its view to the Parliament will not be included in the due deadlines.
Article 200: The Parliament approvals will not be discarded from the agenda as long as the Guardian Council has not announced its final view. In case of rejecting the Parliament approvals, the Guardian Council will have the responsibility to report the reason of rejection explicitly to the Parliament so that it is immediately duplicated and distributed.
Article 201: The ordinary and urgent approvals of Parliament, rejected by the Guardian Council, will be sent to related committee and on the previously announced time limit and in presence of the Guardian Council envoy the case of protest will be debated for necessary amendment. In case of absence of the Guardian Council envoy on due date, the committee will do its work while taking the Guardian Council’s view into consideration.
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The representatives proposing an amendment can take part in the committee this phase. The view of the committee along with proposals of the representatives will be raised in the Parliament and on which there will be vote and discussions as is customary in the second reading.
If the committee offers other proposals other than the previous ones regarding the article, firstly the proposal of the committee will be put on vote and in case of its failure to be approved, other proposals will be raised.
In case of non-approval of the committee proposal and/or former proposals of the representatives in the Parliament, new proposals will be accepted and on which there will be discussions and voting.
Note 1: Once the Guardian Council raises criticism on the bill, the government will not be entitled to propose any amendment unless on the cases the Guardian Council has criticized.
Note 2: After expiry of the specified deadlines and removal of defects in the first time, the Guardian Council would not be entitled to inform the Parliament of contradiction of other points, that are irrelevant to the amendment, unless in cases of its/their failure to correspond with religious regulations.
Note 3: If after amendment, the case, specified by the Guardian Council as problematic, loses its original essence completely, it can be omitted.
Article 202: After investigation of the committee report, honoring view of the Guardian Council, and after voting on it, the approval will be sent again to the Guardian Council. If the approval still fails to address views of the Guardian Council, it will be presented to the Parliament again and if Parliament, considering exigencies of the system, still holds on its view, the Speaker will send the approval to the Expediency Council. The Council will have the responsibility to offer its ultimate comments on the points of disagreement and on related cases and inform the Speaker of its report for the incoming phases.
Section 10: Call for referendum
Article 203: To study call for referendum per Article 59 of the Constitution of the Islamic Republic of Iran, a special committee, comprising 15 representatives, will be formed on direct vote of the Islamic Parliament of Iran to study the issue in accordance with the rules governing formation and management of other committees. It will then submit its report to the Islamic Parliament of Iran.
Note 1: Investigation into the call for referendum will be in one reading. In case of request for urgency of the issue, it will be examined in accordance to related articles.
Note 2: The time span for speeches by those in favor or against it in the Parliament plenary session will be maximum four hours and for each person maximum 15 minutes.
The quality of registration and address of the opponents and proponents will be based on Article 115 of the Parliament Rules of Procedure. Government envoy and spokesperson of the Select Committee will offer their explanation up to one hour each.
Note 3: After end of debates, there will be open voting and by paper. The voting will in the following ways:
1. The principle of the approval of the Select Committee
2. The proposal on substituting the initial request in principle
3. The proposal offered by the subsidiary committees as a substitute on order of receipt
4. The proposal made by representatives as a substitute on order of receipt
Note 4: When each of the proposals is raised, besides the one proposing it, one person will speak in favor and one against it along with government envoy and spokesperson of the committee each for maximum ten minutes.
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Note 5: The criteria for approval of the call for referendum on the issue relevant to Article 59 of the Islamic Republic of Iran Constitution will be the Yes votes of at least two third of the representatives.
Chapter 2: Investigation and vote of confidence to cabinet ministers
Article 204: The president will within two weeks after swearing-in ceremony or after resignation and collapse of government submit written list of cabinet along with biography of each of the ministers and the platform of the government to theParliament. The Speaker will have the duty to announce shortly in the plenary session of the Parliament the receipt of the ministers’ biography and order their duplication after recitation.
Article 205: One week after government introduction, the Parliament will hold sessions consecutively for discussions and study of
the general principles and guidelines of government and for vote of confidence to the cabinet. On the proposal of the Speaker
and the Parliament approval, the meetings will be both in the morning and the afternoon. There will be no addresses in the sessions
of Parliament.
Article 206: Before the first session, dedicated for studying government plans and for vote of confidence to the cabinet, is held, the representatives going for or against the plan, the guidelines and general principles and composition of the cabinet, and the representatives, opposing or supporting any of the ministers, will register the programs one by one and each minister on separate sheets or electronic device.
Each representative will be entitled to put all or part of his time at the disposal of another representative. When the debate on the cabinet starts, the president will outline his government program and while introducing the ministers, defend the composition of the cabinet. Then, the Parliament will start studying the government program and composition of the cabinet coupled with comments of five for and five against representatives in tune with the order of one opposition and one supporting representative speaking – each for 15 minutes.
The President or the individuals, he will assign, will address questions and comments of the opposition. Total time for initial address of the president and his recent defenses will be two and half hours. Following president’s statements and defense, theParliament will start deliberation on the plans and qualifications of each of the ministers separately. Two representatives will speak against and two in favor of each of the ministers as follows: One opposition and one proponent – each for 15 minutes – will speak. Then the minister will speak for half an hour on consent of the president in defense of his plan and qualifications. The debates and discussions on each of the ministers will be held in the same way and based on the names of the ministries on alphabet order. The president can use time of the ministers and defend them in whole at the end. Then voting will be held and vote count and announcement of vote result will succeed voting for all ministers. When government platform is aired inParliament, the Speaker will pass the question(s), if any, of the representatives to the president and related minister.
Note 1: On account of introducing minister(s) (less than half the ministers) after his initial address for an hour without discussing outlines of his plans and composition of ministers, the president will only act in accordance with the above-mentioned sequence when it comes to brief the Parliament on his plans and competency of his proposed ministers.
Note 2: If the Parliament declined to give vote of confidence to one or several ministers or if a minister did not have any minister for any reason, the president will have the duty to introduce person(s) to the Parliament for the vote of confidence by maximum before three months per Article 135 of the Constitution.
Article 207: Regarding Articles 87 and 136 of the Constitution, any vote of confidence to minister or the cabinet and to all the relevant issues will be possible in accordance with this Rules of Procedure.
Any decision on the key issues or the points of disagreement as referred to in the Article 87 of the Constitution, on accounts of which government can gain vote of confidence from Parliament, rests with the cabinet.
Chapter 3: Supervision
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Section one: Investigating articles 88 and 76 of Constitution
One: Noticing and interpellation
Noticing
Article 208: Per Article 88 of the Constitution, the representative(s) would question president or the minister on one of their duties and they can issue notices to the president or the responsible minister in writing on the intended subject. The Steering Board will read out summary of the notice in the Parliament plenary session and release full text of the noticing to president or related minister.
Note: Before end of each plenary session maximum five representatives can issue verbal notice each for two minutes and if the applicants are more than five, they will be decided on drawing lots. The representatives cannot issue the said two-minute verbal notice more than once in a month and they will not have the right to cede the right to another representative.
B.Interpellation
Article 209: Each representative’s question on the minister will be investigated as follows:
1.Each representative can question about duties of the responsible minister in connection with the domestic and foreign affairs of the country. The question should be written and to-the-point and put by the representative into a special form, provided by the Steering Board, and submitted to the Steering Board after fill up. The Steering Board will have the duty to send the question immediately to the related specialized committee.
2. The committee will have the duty to hold a session within maximum 15 days after receipt of the question, attended by minister and the one questioning, investigating to the issue after hearing views of the one questioning and of the minister and after necessary investigations.
3. If the one questioning does not find the explanations of the minister convincing, the committee would specify the category of the questions into either “national” or “regional”, immediately sending the question of `national’ concern to the Steering Board so that its receipt is announced in the first open session.
4. As for the question of `regional’ concern, the committee will have the duty to set forth a solution and send the report to the Parliament Steering Board and President (through the Speaker) within maximum 10 days. The Steering Board will do its best to help solve the question of `regional’ concern.
If after 15 days from reference of the committee letter, the representative, raising the question, considers his case still unsettled, he can ask the Steering Board to present the question of `regional’ category to the plenary session of Parliament.
The Steering Board will have the duty to announce receipt of the question of `regional’ category in the first open session of theParliament and inform the minister of it immediately, sending it to related committee then. The committee will be responsible to present its final report to the Steering Board within a week.
4.Per Article 88 of the Constitution, the minister subject to the question will have the duty to show up in the Parliament and answer the question within maximum 10 days from the date the question is brought to his information unless the minister calls officially with plausible excuses for his delay of presence by maximum 10 days.
Note 1: On the request of the representative(s), raising the question, the committee can suspend investigation of the question by maximum one month.
Note 2: With respect to the number of questions due to be raised in the open session, the Steering Board will have the duty to dedicate one plenary session in a week for the purpose of answering the questions.
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Note 3: The Steering Board can put on agenda answering all the questions of a representative from a minister, which are ready to be raised in the open session, in one session. In that case, the maximum allocated time for the purpose should not exceed one hour, as it will be allocated to the representative and the minister in the same sequence and proportion the question is going to be asked from the minister in the plenary session.
Article 210: In the open session of Parliament, initially the report of the committee, containing presentation of the question and the investigations made by the committee spokesperson, will be presented for maximum five minutes. Then minister and the inquiring representative will respectively and each for maximum 15 minutes provide their explanations and if the representative is not convinced, the chairman of the session will ask the idea of Parliament on the issue.
If majority of representatives present in the parliament turn to vote in favor of the question the representative(s) has/have raised, the Speaker will have the duty to refer the case to the president for investigation.
Note 1: Absence of the minister in the Parliament and committee will mean the inquiry is right.
Note 2: The inquirer or minister can use their time in the plenary session of the Parliament in two turns.
Note 3: The committee report should be printed and distributed among representatives at least 24 hours before the inquiry.
Note 4: If the question is set forth by several representatives, the envoy of the inquirers should show up in the committee and plenary session to explain about the question, specifying it in the special form prepared for the question. In case of no consensus among the inquirers, their envoy will be selected by drawing lots by one of the members of the Steering Board.
Note 5: The question can have many parts.
Note 6: With the change of minister, the questions relating to personal conduct of the minister will be discarded from the agenda on the view of the specialized committee and the report will be submitted to the Steering Board.
Article 211: If in any term of the Parliament the questions of representatives from each minister are considered right for three times on the vote of the majority of the representatives present, the motion to censor the minister will be put on the Parliament agenda per Article 89 of the Constitution and the Parliament Rules of Procedure.
Article 212: Per Article 88 of the Constitution, if at least one fourth of the total number of representatives wishes to question the president on one or several counts of his duty, they should sign the list of the question(s) clearly, explicitly and briefly and submit it to the Speaker. The Speaker will refer the list to related specialized committees within shortest span of time. Each committee will have the duty to hold a session within maximum one week with presence of the president’s envoy to the committee and the envoy of those questioning. In the session the president’s envoy will offer due response provided by the president so that it is reported to the representative of those questioning.
One week after the question is raised in the committee(s), if still at least one fourth of the total number of representatives has not yet abandoned their question, the Speaker will have the duty to recite their question(s) in the first meeting and send it/them to the president immediately. The question(s) should be duplicated and put at the disposal of representatives within 48 hours.
Note 1: The questions should not be more than five in number.
Note 2: After sending the question(s) to the president, the fall in number of signatures will not mean the question(s) will be discarded from the agenda.
Article 213: The president will have the duty to show up in the Parliament plenary session within one month from the date the question(s) is/are received and answer to the question(s) raised by the representatives, unless his absence is justified on the view of the Parliament. The time the question(s) is/are raised by the representatives representing those questioning will be maximum half an hour and the time for president’s response will be maximum one hour and the two sides can divide their time into two parts. In
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that case, all the questions and answers will take place in the first segment of the timing of the either side and the ambiguities in questions of those questioning and in answers of the president will be raised for clarification in the second segment of the timing.
Note: After the phase, there will be voting on the answer of the president to any of the questions separately in terms of their being convincing.
If majority of the representatives present in the session are not convinced with the response of the president to a question and the topic under question is considered violation of the law or disobedience of the law, the question will be sent to the Judiciary.
Two: Inquiry
Article 214: Whenever a representative considers inquiry into any of the country’s affairs is necessary, he will submit his request in writing to the Steering Board of the Parliament and the Board will refer the case to the related specialized committee within 48 hours for investigation. Within maximum two weeks from the date of receipt of the case, the committee will have the duty to provide the applicant(s) with information it has gained in that connection.
If the applicant(s) does/do not consider the committee information is enough, the committee will have the duty to invite the applicant(s) and the highest authority of the related executive organ within one week and hear about the reasons the inquiry and comments of the said authority are necessary, and it should submit its report on approval or disapproval of the call for inquiry to the Steering Board within 10 days.
The report will be put as emergency on the Parliament next week agenda and after explanations by the spokesperson of the committee and speech of the representative calling for the inquiry – each for maximum 10 minutes – the report of the committee will be put on vote without any debate.
The case will be referred back to related specialized committee for investigation, if the bid for inquiry is approved.
The committee will have the duty within 20 days to choose members of the Inquiry Board, consisting at least 11 and maximum 15 members from among representatives and introduce them to the Parliament Speaker for issuance of directive. If those calling for inquiry are less than five people, all of them will be the Board members; otherwise at least five of the members of the Board will be selected from among those calling for the inquiry.
Members of the Board will select from among their members a chairman, two vice-chairmen and a secretary.
The Board will within one month after expiry of the deadline for inquiry submit its report to the Committee. The committee will have the duty to table the Board’s report at the joint session of the members of the committee and the Board and prepare the final report for reading in the Parliament for half an hour and send it to the Steering Board for approval. Before the final report is put on vote, the minister or due authority will defend his conduct. The Steering Board will have the duty to put the committee report on its next week agenda to be recited by the committee spokesperson.
Note 1: The subject of inquiry should be clear and examinable on the view of the Steering Board.
Note 2: The Inquiry Board can recruit the reliable experts, confirmed by the Parliament Steering Board. The Steering Board will have the duty to put required cash in the form of revolving fund at the disposal of the Board Chairman to be spent on the Board decisions and be regarded as the ultimate cost on the confirmation of the Steering Board.
Note 3: If the minister or the highest authority in the organ, subject to the inquiry, is changed and the inquiry targets the conduct during their tenure, the possibility for their access to related proofs and evidence should be provided so that they will be accountable.
Note 4: All correspondences of the Board will be valid with signature of the chairman of the Board and in his absence with that of the vice-chairman.
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Note 5: While presenting final report to the Steering Board, the committee will have the responsibility to send to the Article 90 Committee all the proofs and evidences, the inquiry dossiers and a copy of final report for legal action and archiving.
Note 6: Presentation and publication of any information on the inquiry in any form and heading on part of the real and legal entities and members of the Inquiry Committee will be forbidden as long as the report for recitation in the plenary session is not printed.
Note 7: The Parliament inquiry will not be subjected to the Guardian Council, the Experts Assembly, the Expediency Council, and the underway dossiers of the judicial authorities and the judicial affairs having something to do with identity and as for the organs, running under supervision of the Supreme Leader, the Parliament will launch inquiry in their case on permission of the Supreme Leader.
Note 8: The moratorium for inquiry will be six months from the date the speaker issues notice to members of the Board. In emergency cases, the deadline will be extendable for six months on the request of the Board and approval of the Steering Board of the parliament.
Article 215: If the joint session of the Inquiry Board and the Specialized Committee identifies the offenses, that are subject of inquiry, to be important and holds the organ or organization accountable, the censor motion against the minister will be put onthe Parliament agenda per Article 89 of the Constitution.
The Steering Board will have the duty to announce in the first plenary session the receipt of the subject of impeachment and put it on the Parliament plenary session agenda within maximum 10 days and in that case, the spokesman of the committee will report for half an hour and then any action to that effect will be in accordance with articles relating to the impeachment.
Article 216: If the Committee report succeeds to prove the offense and follow up the inquiry, the offender will be introduced to the Judiciary or the authority in charge of probing into administrative offenses in proportion to the case(s) of offense so that the Committee appeal would be investigated on emergency and the result would be announced to the Committee.
Note: In case the report is referred to the Judiciary, the Committee will have the duty to prepare a summary of the report, which specifies the core of offense, type of crime, the reasons the charges are leveled against the convict and the legal proofs and evidence. The report will be investigated out of the pre-assigned order and based on regulations at one of the branches of the courts in charge of investigating Tehran penal cases.
Article 217: Officials of the organ, being subject to inquiry and the entire executive and judicial bodies and Islamic Revolution institutions will have the duty to prepare necessary facilities for the Board and provide it with the information and evidence it requests; in case of refusal to cooperate, officials of the related organs will be considered guilty and offender and will be judicially prosecuted after complaint by the Inquiry Board.
Section 2: Supervising representatives in associations, delegations and councils
Article 218: The quality of selection of the supervising representatives for membership and participation in meetings of associations, delegations and the councils referred to in laws and the ways and means of their fulfillment of supervisory duties are as follows:
1. To elect supervisors of the specialized committees or Islamic Parliament of Iran, the related committee will have the duty to introduce at least twice the number of qualified volunteer representatives needed for the purpose to the Parliament so that the legislative power will take action for selection of the required number.
2. Representative of each province will select their representative from among representatives of the same province for participation in associations and provincial councils and announce him/her to the related committee so as to be introduced tothe Parliament for election.
3. The period for membership of the supervisory representatives will be subject to related law and in case of absence of the time limit in the law, it will be one year.
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4. Related organs will have the duty to send to the supervising representative as well as the Parliament Supervisory Department the letter of invitation and process-verbaux along with briefing report at least one week before holding the session.
5. The Supervisory Department will have the duty to present its briefing report on the process-verbaux to the supervisory representative at least 24 hours before holding the session.
6. The supervising representative will be the member and obedient to regulations of the association or board or council, following related law in terms of the right to vote.
7. The supervising representative will have the duty to take part in all related meetings and offer to related committee and the Supervisory Department, his written report on the issues raised in the session and the decisions made as well as observation of Rules of Procedure of that session and his other opinions within maximum one week after convention of the session. Chairmen of the committees would have the duty to within one week to investigate report of the supervisor and inform the Supervisory Department of their supervising assessment for follow up of the case.
8. The Supervisory Department will have the duty to study report of the supervising representative and inform the Speaker, related organ, the Audit Court, related committee and the supervising representative about its view with respect to any case.
9. The Supervisory Board will have the duty to inform the Speaker of non-participation of the supervising representative in the sessions.
10. Presence of the supervising representative in the sessions subject to this article will be considered his/her administrative mission. The supervising representative’s unjustified absence in three consecutive meetings or five non-consecutive sessions will be considered resignation in view of the chairman of the related committee. The committee will have the duty to substitute a new person per this Rules of Procedure.
Article 219: By maximum mid May annually, the Parliament Supervisory Department will be responsible to prepare a report on the Parliament supervision measures the previous year and send it to the Steering Board so that it is recited in the plenary session if considered to do so.
Section 3: Audit Court’s examination of enforcement of annual budget
Article 220: Based on Articles 54 and 55 of the Constitution, the Audit Court will have the responsibility to look
into theParliament supervision on enforcement of annual budget of the country. The organization and handling of the affairs will be possible per the specific law.
Article 221: Head of the Audit Court will have the following duties:
1. Providing the Parliament with a report on liquidation of annual budget of the country by maximum January next year and submit it to the Parliament for necessary investigation.
Preparing the Audit Court’s draft for the annual budget by September 22 each year and the Audit Court’s annual budget liquidation report by September 22 the next year and send them to the Plan and Budget and Audit Committee for investigation.
In line with supervisory duty of the Islamic Parliament of Iran, response to written demands of the speaker, chairmen of the committees, the Parliament representatives, the Inquiry Board and the Supervisory Department will be within framework of Iran Audit Court law and handed over officially.
Note 1: Once the annual budget liquidation report is submitted to Parliament, the Head of the Court will brief the open session of the Parliament on the report for maximum an hour. The Steering Board will refer full report on the budget liquidation to the Plan, Budget and Audit Committee, as the main committee and units related to other committees as the subsidiary committees to submit their report to the main committee within maximum one month. From the time the report is submitted to Parliament, the main committee will have the duty to prepare a report on its final investigation with respect to reports of the subsidiary committees and receipt of explanations from the executive organs and submit it to the Steering Board later. The report will be put on the Parliament’s next week agenda and recited there out of pre-assigned order.
Note 2: The Plan, Budget and Audit Committee will have the duty to study all reports sent by the Audit Court and inform representatives of the result.
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Note 3: Head of the Audit Court will have the duty to report to the Speaker ways of dealing with the offenders and legal prosecution of cases of offence.
Section 4: Impeachment
One: Impeachment of ministers
Article 222: Representatives can impeach a minister or cabinet members with respect to Article 89 of the Constitution. The impeachment will be raised in the Parliament when endorsed by at least 10 representatives.
Article 223: In impeachment, the issue should be explicitly specified, citing the case(s) of impeachment, being brought in written form and submitted to the Steering Board.
The Steering Board will have the duty to immediately refer the impeachment motion to the related specialized committee. The Committee will have the duty look into the cases of impeachment within maximum one week, inviting the impeachers and related minister. After the said period, if at least ten of the signatories to the impeachment do not give up its raising, the impeachment will be presented in the first plenary session and once the impeachment motion is raised in the plenary session, the decrease in signatures of the representatives will have no effect in raising the impeachment and the minister will have the duty to show up in the parliament within ten days. The Steering Board will exactly on that date send the text of impeachment to the impeached minister(s), while printing and distributing it among representatives.
Note 1: Besides signatories of the impeachment, other representatives can sign up the impeachment before the motion is raised in the plenary session.
Note 2: The Steering Board will have the duty to print and distribute text of impeachment and name of the last group of those calling for impeachment on the day the impeachment will be held.
Article 224: If the representatives’ impeachment targets activity of the revolutionary institutions, that spend government budget and are legally affiliated to the Executive Branch, the impeachment will be subjected to the president or the minister that the institution under question falls within the scope of his responsibility.
Article 225: The minister or the cabinet ministers have the duty to show up in the Parliament within ten days after the time the impeachment is lodged to provide necessary explanations. The date for the impeachment within the specified period will be on the Parliament weekly agenda on the proposal of the minister or the cabinet and approval of the Parliament Steering Board. Presence of the minister or the cabinet in the session on the date is mandatory.
Article 226: In the impeachment session, after comments of those impeaching, the president can defend his minister(s) and the minister(s) subject to the impeachment can defend himself/herself/themselves. Maximum time for defense against impeachment will be five hours for president or several ministers and three hours for one minister.
Note 1: Minister(s) subject to impeachment can cede maximum one hour dedicated for self-defense to one or two representatives speaking in his/their favor.
Note 2: The statements of the impeachers and their response will be in one or several consecutive sessions.
Note 3: While giving their justifications and explanations, the impeachers will not be allowed to touch other topics irrelevant to the topic of impeachment.
Article 227: After response of the minister(s) to the case under impeachment, or president’s response through the cabinet ministers, who are subject to the impeachment, maximum two of the impeaching representatives will be entitled to give supplementary explanation on condition that speech of any of them would not exceed quarter an hour. The President can defend the ministers for maximum one hour and the minister, being subject to the impeachment, can defend himself again for maximum half an hour.
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Article 228: After the impeachment, the chairman of the session will put no-confidence to minister(s) on vote.
Article 229: If the minister or cabinet subject to impeachment refuse to show up in Parliament, the impeachers will express their comments and the chairman of the meeting will ask for no-confidence vote.
Article 230: When the impeachment is put on the Parliament agenda, the agenda will be by no means changed unless in the case of three-star (top urgent) bills and motions.
Two: President’s impeachment and incompetency
Article 231: Based on Article 89 of the Constitution, representatives can impeach President on accounts of fulfilling his duties as chief of the executive power and handling country’s executive affairs. The impeachment will be presentable when is endorsed by at least one-third of the representatives.
Article 232: The request for impeachment of president, which should be on explicit and clear and justified ground, shall be handed over the Speaker. It should be heard in the first sitting and sent to the president, while being printed and distributed among representatives. in an open sitting, presenting clear and justified proofs. In that case, the president should show up at the Parliament within one month and give enough explanations on the issues raised.
Article 233: The time for the pro and against debates on impeachment shall be a maximum of five hours each and conducted equally and alternately. The speaking time for each party for and against the issue shall be maximum half an hour, and may be extended to one hour on the Parliament voting.
Article 234: The time dedicated for president’s explanations and response will be five hours in total. The President can cede part of his time to the representatives speaking in his favor. The time will be in addition to the time dedicated to them per the previous article.
Article 235: If after speeches of the pro and against representatives and response of the president, majority of two third of the representatives vote to the president’s incompetence, the result will be brought to the information of the Supreme Leader per clause 10 of Article 110 of the Constitution. The voting will be in secret and with paper.
Article 236: Whenever at least 10 representatives or each of the committees announce non-observation of norms and ethics and violation or refusal to abide by the law or partial observation of the law by the president and/or minister and/or officials of their subsidiary organ, the Steering Board will immediately refer the case to related committee for investigation.
The committee will examine the issue within maximum 10 days and if the verification is in favor of the report on explicit terms, it will present its report to the Parliament through the Steering Board
Note 1: If the Parliament confirms the report, the case will be referred to the Judiciary or other authoritative bodies for investigation out of pre-assigned order and without any procedural norms.
Note 2: If the Parliament rules for three times that the report(s) on the president or any of the ministers is/are right, the motion for impeachment will be put on the Parliament agenda if provisions of Article 89 of the Constitution are honored.
Section 5: Other regulations
Article 237: After ratification of the laws on amendment of the Rules of Procedure, the Parliament Steering Board will have the duty to take necessary actions for incorporating the approvals into text of the Rules of Procedure, specifying number of articles and additional notes and correction of their number and print and distribute them on consent of the Rules of Procedure Codification Committee.
Article 238: All other laws and regulations on the Parliament Rules of Procedure will be cancelled.
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Appendix: Laws on Rules of Procedure of Islamic Parliament of Iran
1. Law on exception of approvals relating to Rules of Procedure of Islamic Parliament of Iran from provisions of Article 2 of Civil Law passed on December 27, 1993
Single-Article Act: All the approvals relating to Rules of Procedure of the Islamic Parliament of Iran will be binding after final approval.
This ruling will also be enforceable in the case of this single article.
2. Law on compilation and codification of rules and regulations of the country passed on June 15, 2010 Section 1: Generalities
Article 1: Based on this law, the compilation and codification of country’s laws will be the responsibility of the Parliament’s Legal Department, the so-called “Department”, in the way specified in the law.
Note: The duties of the Department will not cover the responsibility of the Parliament representatives for codification.
Article 2: All the government organs in charge of devising laws and regulations, including the government cabinet, the Supreme Cultural Revolution Council, the general board of the Supreme Court, general board of the Administrative Justice Court and also the organs whose regulations are binding, will have the duty to send all their approvals to the Parliament to enforce the law.
Note: The Experts Assembly, the Expediency Council, the Supreme National Security Council, and the Guardian Council are exception to this Article.
Section 2: Duties
Article 3: The duties of the Department in codification related affairs are as follows:
1. Codification of all laws of the country and announcement of valid and sovereign laws will be through these ways:
1.1. Collection and separation and classification based on subject of the country’s laws and preparation and adjustment of the lists in terms of subject, history and other cases
1.2 Identification of existing contrasts in regulations and their announcement to the authority ratifying the law in order for taking legal action
1.3 Identification of the regulations whose subject is negated and their announcement to the authority ratifying it in order for legal action
1.4 Preparation of the proposal for abrogation of the laws whose subject is implicitly negated or abrogated and their offering to the Parliament Steering Board for following legal procedure
1.5 Identification of cases of private abrogation explicitly and their enforcement in the codified collections and their sending to the official newspaper for publication
1.6 Announcing the laws and regulations, being in contradiction with general policies of the system and are or will be declared by the Supreme Leader of Islamic Revolution, to the Expediency Council and the Parliament Steering Board for information and legal action
1.7 Preparation of the ID for all laws and regulations of the country
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Note: All organs being the concern of Articles 5 and 117 of the Law on State Management of Services, dated September 30, 2007, and the Judiciary, except the authorities referred to in the note of Article 2 of this law, will have the duty to take the following actions in connection with codification of laws and regulations.
By end of July 2011, they will codify all laws relating to their own field of activity, passed by end of 2010. The highest authority in their organ will inform the Department on the valid, explicitly or implicitly abrogated, contradictory and contrasting laws and/or the negated issues separately with valid justifications.
By end of October 2011, they will inform the Department on the laws concerning their field of activity, which are in contradiction with general policies declared by the Supreme Leader, while providing justifications for it.
In cooperation with the Legal Department of the Presidential Office, they would codify all approvals, rules of procedure, guidelines and generally related regulations by March 2011. While identifying the cases of explicit abrogation, they would omit them from collection of regulations and point out the implicit, excessive, and abandoned cases of abrogation and specify negated subject and send them to the authorities responsible for ratification to codify them.
All the organs subject to this note will have the duty to cooperate with the Legal Department of the Parliament to codify laws pertinent to their field of activity and also the department and organs subject to this issue can use the expert capacity of the executive and judicial organs and also the non-governmental legal and real entities with their willingness for codification of laws and regulations.
2. Response to announcements of the Parliament Steering Board, representatives, government and High Provincial Council
Note: The deadline for response to announcements on two-star bills and motions will be 24 hours and for the one-star ones 48 hours and for ordinary ones one week.
Compilation of a method and style for writing bills and motions based on scientific frameworks and definition of the special jargons used in connection with various subjects for legal use by government organs to the extent that change will not be in legislative cases.
Publication of codified collections in terms of specialized topics in the form of books and electronic copies
Editing approvals of the Parliament and committees before final ratification without changing the legislative cases per theParliament Rules of Procedure
Dissemination of information on laws
Encoding of laws and amendment of chapters and number of their articles without chanting the text after the codification measures
Offering legal and codification consultation to the speaker, members of the Steering Board, committees and the Parliament representatives
Article 4: The Parliament representatives, government and Provincial High Council will ask the Department to provide them with information on the following cases before submitting bill or motion to the Parliament and the announcement will not bar the procedure for ratification of bills and motions:
1. Existence of laws being contradictory or relevant to the proposed bill or motion
2. Correspondence of the proposed bill or motion in terms of method of specialized writing of the laws
3. The necessity or lack of necessity for legislation on the said topic
4. Correspondence of the bill or motion with the Parliament Rules of Procedure, development plan law, Vision Plan document, general policies of the system and upstream documents
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Note 1: The view of the Department on bills and motions along with the proposed bill or motion will be submitted to theParliament so that representatives will be informed of the procedure.
Note 2: If no information was given on the said topics, the Steering Board will seek consent of the Department.
Article 5: The Department will have the duty by maximum one year after enforcement of any law to provide the Speaker, government, High Codification Council, and related Parliament committees with a report on quality of the law’s enforcement and cases of ambiguity, summary, contradiction, shortcoming and any problem with execution of the law, while offering a proposal on necessary amendments to remove the said pitfalls in order for legal action.
Article 6: Since 2012, printing and publication of collection of regulations will be possible only through confirmation of theParliament’s Legal Department.
Note: The official newspaper of the Islamic Republic of Iran will be an exception to this Article.
Article 7: In order for dissemination of information to the public on latest approved laws and regulations, a data base will be set up in the Islamic Parliament of Iran and the Department will have the duty to publish laws through the Parliament data base in the first possible chance.
Section 3: Miscellaneous issues
Article 8: In order for proper implementation of the law, the high Council of Codification of Laws, comprising the following persons, will be formed:
1. The Parliament speaker as the head
2. Vice-President for Legal Affairs
3. One of the deputies of the Judiciary Chief
4. The Parliament Vice-Speakers for Legal and Supervision Affairs
The Department will be in charge of the Secretariat of the Council. The Council decisions will be of consultative importance for the Speaker.
Article 9: The Ministry of Culture and Islamic Guidance and other ministries, government institutions and organs will have the duty to send two copies of their published electronic legal books and copies as well as collection of their laws and regulations to the Department.
Article 10: The law on establishment of the Organization of the Codification and Compilation of Laws and Regulations of the country, passed on March 19, 1972, and the next amendments and its Rules of Procedure will be annulled.
Article 11: The guideline for execution of the law will be passed by the Parliament Speaker.
Article 12: The law will be binding since its ratification.
3. Law on the Parliament supervision on conduct of representatives, passed on April 3, 2012
Article 1: To honor dignity and standing of the representatives and supervise all affairs relating to tenure of representatives in the commencement of each term of the Parliament and maximum three months after election of the permanent Steering Board the Steering Board which will be called `Board’ from now on, comprising the following individuals, will be formed exactly for the same period:
1. One of the vice-speakers elected by the Steering Board for each year
2. One of the Article 90 Committee members elected by the Parliament
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3. A member of the Legal and Judicial Affairs Committee elected by Parliament
4. Four other representatives designated by the Parliament
Note 1: The Steering Board will have the duty to set a week deadline for registration of names of applicants for membership in the Board.
Note 2: The Parliament Steering Board will select six persons from among candidates of the said committees and theParliament representatives, except members of the Steering Board, and introduce them to Parliament.
The criterion for the selection will be the absolute majority of votes of the representatives attending the Parliament and in case of failure to be selected, other people will be introduced by the Steering Board.
In any case, selection of the people in any phase will be through absolute majority of votes cast by the representatives present in Parliament.
Note 3: The Board will select a chairman and two vice-chairmen and two secretaries from among its members.
Note 4: In case of unjustified absence of any of the elected members for three consecutive sessions and/or one fourth of the rotating sessions for six months or the need for change of any of the members of the Board on the view of the members of the session subject to Note 2 of this Article, the substitute person will be selected based on the said note.
Article 2: The Board will be qualified to deal with the following affairs:
1. Deal with reports received on financial or ethical offenses and abuses of the representative and his/her unconventional income and expenses
2. Look into reports on unethical behaviors as a representative
3. Investigate reports on acts deemed against national security of the country and other criminal acts from disciplinary point of view
4. Deal with reports of the Steering Board on absence, delay and disorder of the representative per Articles 78 to 81 and 88 to 91 of the Parliament Rules of Procedure
Note 1: By cases deemed against ethics as a representative, it means the behaviors running counter to absolute norms as a representative to the extent that representatives consider them typically against their dignity.
Note 2: The reports will be investigated in the Board which contain full information on characteristics of the sender unless the evidences set forth are not enough or the credit and identity of the reporter is proved by the Board.
Note 3: When the Board comes to the conclusion that the reporter has prepared and sent report to insult a representative or distort public opinion or mind of the officials, it will have the duty to send the information along with proofs and evidence to the judicial authority in order for judicial investigation, while putting a copy of the report at the disposal of the representative.
Note 4: Penal prosecution of the representative will not debar the Board from investigating the offenses being subject to this law and the dignity of a person as a representative.
Note 5: While investigating offenses being concern of this law, the Board will inform competent judicial authorities on their penal cases.
Article 3: Receipt of any unconventional gift — either in kind or cash—by representatives from the private or public and governmental legal or real entities inside and outside under any pretext is forbidden and the act will be subject to punishment referred to in Article 6 of this code.
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Article 4: Any abuse of his authorities as representative and receipt of any facilities and advantages from the government, public and private sectors under any pretext and form by the representative in his or his relatives’ favor unjustly and through exerting influence and using his post as representative for the purpose and abusing information and documents available to him will be forbidden and the offender will be subject to punishment cited in Article 6 of this code.
Article 5: The Board will deal with the reports received about any of the representatives confidentially and if considers the offense is done by the representative, it will invite the representative in the first sitting and after talking to him/her and receiving consent of the related authorities, would make necessary decisions.
Note: The Board will have the duty to hear defense of the representative before issuing any ruling.
Article 6: The Board will decide on the following punishment(s) per Article 6 of the Parliament Rules of Procedure with respect to the degree of importance of offenses and conditions and state it/they is/are committed:
1. Verbal notice without record in the dossier
2. Written notice with record in the dossier
3. Receiving written commitment that the offense will not be re-committed
4. Cutting salary by half for one month to one year
5. Deprivation from membership in associations and councils and the Inquiry Committees
6. Getting deprived of candidacy for membership in the Parliament Steering Board and the committees’ Steering Board.
7. Announcement of offense(s) of the representative in the Parliament in-camera session by the Speaker
8. Announcement of offense(s) of the representative in the Parliament plenary session by the Speaker
Note 1: If the Board considers the representative’s properties are increased unjustly, it will prior to the next round of elections inform the Guardian Council of the issue and send it to the Judicial organ for investigation.
Note 2: All affairs related to rights of the Parliament representatives, that are explicitly referred to in the Constitution, ranging from making comments and expressing opinion on the domestic and foreign issues of the country and freedom in fulfilling legal duties and using his/her vote and obtaining reports and information needed for fulfilment of representative responsibilities and legislation and inquiry on all country’s affairs and inquiring and impeaching ministers and president and vote of confidence and no confidence and the delegated missions, that are all fulfilled in line with responsibility of a representative, would be exempted from punishments being subject of in this code.
Article 7: If the issue the Board investigates is the reports received against one of the members of the Board, s/he will not be entitled to take part in the related session.
Article 8: The Board’s decisions on clauses A, B and D of Article 6 of this law will be definite and in other cases the representative will have 10-day deadline to protest. In that case, the issue will be examined in the appeal session of the Board, comprising the Steering Board members and chairmen of the permanent committees of Parliament.
Article 9: The Parliament representatives are completely free to express their opinion and give vote while fulfilling their duty as the Parliament representative and one can not prosecute or detain them on account of the opinions they may express in the Parliament or in consequence of the votes they cast in exercise of their duties as representative.
Note 1: Identification of instances of offense as referred to in the Article 86 of the Constitution and Article 75 of the Parliament Rules of Procedure falls within jurisdiction of the Board.
Note 2: Violation of provisions of this Article by the judicial authorities with regards to the cases of commitment will be subject to police punishment, ranging from 5th to 7th categories.
Article 10: The Judiciary will have the duty to form a special branch in line with implementation of the law to probe into the referred issues and out of due turn and eventually inform the Board of the definite ruling within three months.
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Article 11: The parliament representatives are subjects to the law, passed on Sunday, January 1, 1995, that prohibits holding more than one job.
Article 12: The executive guideline of the law and the instances will be ratified by the Parliament Committee for Formulation of the Rules of Procedure on the proposal of the Supervisory Board.
4. Law concerning the procedure for enforcement of Article 90 of the Constitution of the Islamic Republic of Iran passed on November 16, 1986
Section one: Organization of the Article 90 Committee
Article 1: Organization of the Article 90 Committee, which has been set up in accordance with the Parliament Rules of Procedure, is composed of two units as follows:
1. Complaints Investigation Unit, whose members will be selected entirely from among parliament representatives, will function under the Rules of Procedure.
2. Secretarial Unit whose staff of this unit is assigned by the Parliament Steering Board. Duties and authority of the staff will be decided by the Parliament Presiding Board. The boundaries of duties and authorities of the Unit’s staff will be determined by the Committee Steering Board and will act under supervision of the Chairman of the Committee.
Note: Chairman of the Article 90 Committee may set up sub-units for either of the above departments as required.
Section 2: Committee’s competence and scope of authority
Article 2: In addition to authority set out in the Single-Article Act passed on January 20, 1989, and the additional note passed on April 24, 1985, this committee may invite or directly correspond with the officials referred to in that Article to seek enough information and they with have the responsibility to address the demand and in case the Committee finds the official guilty of offense of refusing to provide answers, it shall bring the information to a competent court which shall investigate the case over-riding any other cases. If the court deems it to be an offense, it shall determine the punishment for the offense as stipulated in the note to the Single-Article Act and shall inform the Committee of the result and in this case, the court investigating the offense of refusing to reply to the Committee has no right to inquire into the essence of complaint submitted to the Committee.
Note 1: Each sub-unit with the agreement of the Committee Chairman may summon the party lodging the complaint and the party being convicted to offer explanations and clarifications thereof. If the party being convicted to refuses to accept the invitation, his act will be considered an offense; however, s/he will not be subject to punishment referred to in Article 2 of this law.
Note 2: The Secretariat is obliged to register the classified and direct letters without opening them and place them at the disposal of the Committee Chairman.
Article 3: If a complaint requires investigation, the Committee may assign inspector(s) selected by the Committee Steering Board from among the parliament representatives. The officials concerned are obliged to render necessary cooperation with them in all respects.
Note: If the inspector(s) deem(s) it necessary and the Committee Steering Board approves it, the inspectors may invite expert(s) – even if they are not the Parliament representatives– to accompany them in their inspection.
Article 4: The inspector(s) is/are obliged to observe all Islamic regulations in their mission and submit the signed report of his/their mission along with written comment(s) of specialist(s), if accompanying him/her/them in the mission, to the Committee at most within the period of time set by the Committee Steering Board.
Article 5: The committee shall investigate only the complaints lodged against the function of the Parliament or that of the executive and the judiciary branches.
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Note: Having conducted necessary investigation and obtained the endorsement of offense from the competent court, the Committee shall appeal for judicial investigation before its assigned turn. After issuing its verdict the court is bound to inform the Committee thereof.
Article 6: The change of occupation and position of the offending official and/or agent shall not affect the investigation.
Article 7: If the officials listed in the Single-Article Act passed on 21 January, 1980, have intentionally given untrue answers to the Committee, the issue shall be investigated by judicial authorities with the Committee announcing thereof.
Article 8: The mass media, such as the Islamic Republic of Iran Broadcasting (IRIB) and newspapers may bring the reports of public interest and are announced from the Parliament rostrum by the Article 90 Committee, to the attention of the people without any change and interpretation. The offender will be punished per related regulations.
Article 9: All rules contravening the law herein are repealed as of the date the law is declared indispensable.
5.The January 20, 1981 law on permitting Article 90 Committee to conduct research and directly communicate with government organs to investigate public complaints
The Single-Article Act: The Article 90 Committee would be authorized to directly communicate with or refer to the three branches of power of the Islamic Republic of Iran and all ministries and offices and organizations affiliated to them, as well as the revolutionary foundations and the institutions, that have something to do with the said powers. So doing, the Committee can ask them to explain about the written complaints remained unanswered by the authorities or not given convincing responses to them and remove problems; they would have the duty to give elaborate answer to them as soon as possible.
Note: The officials and authorities referred to in the Single-Article Act of the Islamic Parliament of Iran, dated January 20, 1981, will have the duty to provide the Article 90 Committee with enough and well substantiated written answer within maximum one month from receipt of it. Any violation of the law will be considered an offense and the violator will be subject to three-month to one-year jail terms and dismissal from government job for six months to one year and the issue of offense will be considered at the competent judicial organs on a call by the Committee and the said authorities will have the duty to deal with the crimes extraordinarily and out of the pre-assigned order and once the offense is proved and the ruling for punishment is issued, the authorities will inform the Committee of the result.
6.Law on Interpretation of Note of Article 76 of Parliament Rules of Procedure
Subject of interpretation:
By staff or experts of the organisations, subject to Article 5 of the State Service Management Law – as specifically referred to in Note of Article 76 of the Parliament Rules of Procedure – is it meant faculty members of universities also or not?
Answer:
Yes, the staff or experts of the organisations, subject to Article 5 of State Service Management Law concerned by the note of Article 76 of the Parliament Rules of Procedure are also considered the faculty members of universities and all those receiving salary from the said organisations.
The said interpretation was ratified in the parliament plenary session on Sunday, April 13, 2014, and approved by the Guardian Council on April 23, 2014.
Ali Larijani
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source: http://www.parliran.ir
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