(1) Notwithstanding anything contained elsewhere in this paragraph, no member shall be deemed to have deserted the party in the following cases:-
(a) If a member resigns in writing from the membership of the relevant party on the grounds of being elected Speaker or Deputy Speaker of the House of Representatives, Speaker or Deputy Speaker of the National Assembly or Speaker or Deputy Speaker of the Provincial Assembly,
(b) If the official under clause (a) votes contrary to the instructions (whip) given by the whip, if he remains neutral or if he is absent,
(c) If any member other than the office bearer as per clause (a) presides over a house of the federal parliament or a provincial assembly, if such member votes contrary to the instructions given by the whip while presiding or remains neutral,
(d) If he is a member of an amalgamated or merged party according to section 10.
(2) If at least forty percent of the members of the central committee of a party and the parliamentary party of the federal parliament form a new party or join another party or form a new party with such members, the member of such parliamentary party shall not be deemed to have left the party.
(3) Notwithstanding anything written elsewhere in this section, a party established under sub-section (2) shall not form another party after five years from the date of its recognition by the Commission.