Make your own free website on Tripod.com

CHAPTER VIII

QUESTIONS

50. Time of questions._Except as otherwise provided in these rules, the first hour of every sitting, after the recitation from the Holy Quran, and taking oath by members, if any, shall be available for asking and answering of questions:

Provided that there shall be no question hour on Tuesdays:

51. Notice of questions._Not less than fifteen clear days notice of a question shall be given unless the Speaker, with the consent of the Minister concerned, allows a question to be asked at shorter notice. 52. Form of notice of questions._(1) A separate notice of each question shall be given in writing to the Secretary General and shall specify the official designation of the Minister to whom it is addressed.

(2) A member who desires to ask a Starred Question distinguish it with an asterisk:

Provided that if, in the opinion of the Speaker, any Starred Question is of such a nature that a written reply would be more appropriate, he may direct that such question be placed on the list Unstarred Questions.

53. Notice of admission of questions.-No question shall placed on the list of questions for answer until ten clear days have expired from the day on which notice of admission of the question by the Speaker was given by the Secretary General to the Minister.

54. Limit of numbers of questions._Not more that three starred questions including short notice questions and five unstarred questions from the same member shall be placed on the list of questions for any one day:

Provided that nothing in this rule shall apply to a question postponed or transferred from an earlier date or to another Division.

55. Order of questions._The questions shall be put on the list of questions in the order in which their notices are received, but a member may, by notice in writing given at any time before the sitting for which his question has been placed on the list, withdraw his question or postpone it to a later day to be specified in the notice, and on that later day the question shall, subject to the provisions of these rules, be placed on the list after all the questions not so postponed:

Provided that a postponed question shall not be placed on the list until two clear days have expired from the time when the notice of postponement was received by the Secretary General.

56. Allotment of days questions.-The time available for answering questions shall be allotted on different days in rotation for the answering of questions relating to such Division or Divisions of the government as the Speaker may, from time to time, specify and, on such day, unless the Speaker with the consent of the Minister concerned otherwise directs, only questions relating to the Division or Divisions for which time on that day has been allotted and question addressed to private members, shall be placed on the list of questions for answers:

Provided that when the question hour is dispensed with owing to the cancellation of sitting of the House or its adjournments without transacting any business, questions entered in both starred and unstarred lists of questions for the day shall be deemed to be unstarred question for next sitting, and such questions with their answers deemed to have been laid on the Table and included in the debate of the next sitting.

57. Question not replied orally._If any starred question placed on the list of questions for answer on any day is not called for answer within the time available for answering questions on that day the answer already supplied by the Minister concerned shall be laid on the Table and no oral reply shall be required for such question nor shall any supplementary question be asked in respect thereof:

Provided that if the Minister concerned is not ready with the answer to the question, the question shall be put for answer on the next following day allotted for the Division in the charge of that Minister or on a day to be specified by the Speaker in consultation with the Minister. 58. Subject-matter of questions.- (1) Subject to the provisions of these rules, a question may be asked for the purpose of obtaining information on a matter of public concern within the special cognizance of the Minister to whom it is addressed.

(2) A question addressed to a Minister must relate to the public affairs with which he is officially connected or to a matter of administration for which he is responsible.

59. Question to private member.- A question may be addressed to private member provided the subject-matter of the question relates to some Bill, resolution or other matter connected with the business of the House for which that member is responsible, and the procedure in regard to such questions shall, as far as may be, the same as that followed in the case of a question addressed to a Minister with such variations as the Speaker may consider necessary or convenient.

60. Admissibility of questions.- In order that a question may be admissible, it must satisfy the following conditions, namely:-

(i) It shall not bring in any name or statement not strictly necessary to make the question intelligible;

(ii) if it contains statement, the member shall make himself responsible for the accuracy of the statement;

(iii) it shall not contain arguments, inferences, ironical expressions, imputations, epithets or defamatory statements;

(iv) it shall not ask for an expression of opinion or the solution of an abstract legal question or a hypothetical proposition;

(v) it shall not refer to the character or conduct of any person except in his official or public capacity nor to character or conduct which can be challenged only on a substantive motion;

(vi) it shall not ordinarily exceed one hundred and fifty words.

(vii) it shall not relate to a matter which is not primarily the concern of the Government;

(viii) it shall not make or imply a charge of a personal character;

(ix) it shall not raise questions of policy to large to be dealt with within the limits of an answer to a question;

(x) it shall not repeat in substance questions admitted for the same session or already answered or disallowed by the Speaker or the Chairman or to which an answered was refused in the Assembly or the Senate during the last two sessions;

(xi) it shall not be trivial, vexatious, vague or meaningless;

(xii) it shall not ask for information contained in documents accessible to the public or in ordinary works of reference;

(xiii) it shall not ask for information on matters under the control of bodies or persons not primarily responsible to the Government, or in which the Government has no financial interest;

(xiv) it shall not contain references to newspapers by names and shall not ask whether statements in the Press or by private individuals or by non-official bodies are accurate;

(xv) it shall not ask for information regarding Cabinet discussions, or any advice given to the President, or in relation to any matter in respect of which there is a constitutional or statutory obligation not to disclose information;

(xvi) it shall not ask for information on matters which are under consideration before a Committee of the Assembly or of the Senate; nor shall it ask for information about the proceedings of any such Committee unless such proceedings have been placed before the Assembly or, as the case may be, the Senate, by a report of the Committee;

(xvii) it shall not-

(a) contain any reflection on the conduct of the President or a Judge of the Supreme Court or of a High Court; or

(b) ask for information on matters which have already been discussed by means of an adjournment motion or otherwise during the same session; or

(c) contain any criticism of the decision of the Assembly or the Senate; or

(d) seek information about matters which are in their nature secret or sensitive;or

(e) criticise or refer discourteously to a foriegn country;

(xviii) it shall not contain any reflection on a decision of a court of law or statutory tribunal established in Pakistan or such remarks as are likely to prejudice a matter which is subjudice;

(xix) it shall not amount in substance to a suggestion for a particular course of action;

(xx) it shall not ordinarily ask for information on matters of past history;

(xxi) it shall not ordinarily ask about matters pending before any statutory tribunal or statutory authority performing any judicial or quasi-judicial functions or any commission or court of inquiry appointed to enquire into or investigate any matter but may refer to matters concerned with procedure or subject or stage of enquiry if it is not liekly to prejudice the consideration of the matters by the tribunal or commission or court of enquiry; and

(xxii) it shall not relate to a matter,except as to a matter of fact,which is, or has been, subject- matter of correspondence between the Federal Government and Provincial Government.

61. Short notice questions.- (1) A question relating to a matter of public importance may be asked with notice shorter than fifteen clear days and if the Speaker is of opinion that the question is of an urgent character he may direct that an enquiry may be made from the Minister concerned if he is in a position to reply and, if so, or what date:

Provided that-

(i) a member may not ask more than one short notice question on any one day; and

(ii) a short notice question may not be asked to anticipate reply to a question of which notice has already been given.

(2) If the Minister concerned agrees to reply, such question shall be answered on a day indicated by him and shall be called immediately after the questions apperaing on the list of questions for oral answer have been disposed of.

(3) If the Minister is unable to answer the question at short notice and the Speaker is of opinion that the question is of sufficient public importance to be orally answered in the Assembly, he may direct that the question be placed as the first question on the list of questions for the day on which it would be due for answer under rule 51:

Provided that not more than one such question shall be accorded first priority on the list of questions for any one day.

(4) Where a member desires an oral answer to a question at a short notice, he shall briefly state the reasons for asking the question with short notice. Where no reasons have been assigned in the notice of the question, the question shall be returned to the member.

(5) The member who has give notice of the question shall be in his seat to read the question when called by the Speaker and the Minister concerned shall give a reply immediately.

(6) In other respects, the procedure for short notice questions shall be the same as for ordinary questions for oral answer, with such modifications as the Speaker may consider necessary or convenient.

62. Questions relating to the Secretariat of the Assembly.- Questions relating to the Secretariat of the Assembly may be asked of the Speaker by means of a private communication and not otherwise.

63. Speaker to decide admissibility of questions.-Within five days from the receipt of the notices, the Speaker shall decide on the admissibility of a question and shall disallow any question or a part thereof which, in his opinion, is in contravention of these rules, or he may, in his discretion, amend it in form.

64. List of questions.- Questions which have not been disallowed shall be entered in the list of questions for the day and the answers, if received from the Minister concerned not later than forty eight hours before commencement of the question hour on the day on which the questions are set down in the list shall be entered along with, unless the Speaker changes the order of questions with the leave of the Assembly:

Provided that the Minister concerned shall state, in the House, the reasons for non supply of answers in case they are not supplied forty eight hours before the commencement of the relevant question hour.

65. Mode of asking questions.-(1) At the time of asking questions, the Speaker shall call successively each member in whose name a Starred Question appears in the list of questions.

(2) The member so called shall rise in his place and, unless he states that it is not his intention to ask the question standing in his name, he shall ask the question by reference to its serial number on the list of questions.

(3) If, on a question being called, it is not put or the member in whose name it stands is absent, the Speaker may, at the request of any other member, direct that the answer to it be given.

66. Supplementary questions.-When a question has been answered, any member may ask such supplementary questions as may be necessary for the elucidation of the answer, but the Speaker shall disallow any supplementary question which, in his opinion, either infringes any provision of these rules relating to the subject-matter and admissibility of question or is otherwise an abuse of the right of asking questions:

Provided that ordinarily not more than three supplementary questions shall be asked in respect of any question.

67. No publicity of answers to questions in advance.-Answers to questions which Ministers propose to give in the Assembly shall not be released for publication until the answers have actually been given on the floor of the Assembly or laid on the Table.

68. Prohibition of discussions on questions or answers.-There shall be no discussion on any question or answer except as provided by rule 69.

CHAPTER IX

MATTERS OF PUBLIC IMPORTANCE

69. Discussion on matters of public importance.-(1) The Speaker may allot last half an hour of a sitting on Tuesday for raising discussion on a matter of sufficient public importance, including matters which have been the subject of a recent question, starred or unstarred.

(2) A member wishing to raise a matter shall give notice in writing to the Secretary General three days in advance of the day on which the matter is desired to be raised. The notice shall briefly specify the point or points he wishes to raise and shall be accompanied by an explanatory note stating the reason for raising discussion on the matter in question:

Provided that the Speaker may, with the consent of the Minister concerned, waive the requirement concerning the period of notice.

(3) A notice may be signed by more than one member but it shall be deemed to have been given by the first signatory.

(4) The Speaker shall decide whether the matter is sufficient public importance to be put down for discussion and may not admit a notice which, in his opinion, seeks to revise the policy of Government.

(5) If more than two notices have been received and admitted by the Speaker, the Secretary General shall hold a ballot with a view to drawing two notices for each day allotted for this purpose. The notices drawn in the ballot shall be put down in the order in which they were received in point of time:

Provided that, if any matter put down for discussion on that particular day is not disposed of on that day, it shall not be set down for any further day unless the member so desires, in which case it shall be included in the ballot for the next day.

(6) There shall be no formal motion before the Assembly nor voting. The member who has given notice shall make a short statement and the Minister concerned shall reply. If the time permits, the Speaker may allow any member to put a question for the purpose of further elucidating any matter of fact.

CHAPTER X

CALLING ATTENTION

70. Procedure regarding calling attention.- A member may, with the previous permission of the Speaker, call the attention of a Minister to any matter of urgent public importance and the Ministry may make a brief statement or ask for time to make a statement at a later hour or date:

Provided that no member shall give more than two such notices for any one sitting.

71. No debate on the statement.- There shall be no debate on such statement at the time it is made but each member in whose name the item stands in the Orders of the Day may, with the permission of the Speaker, ask a question:

Provided that names of not more than five members, shall be shown in the Orders of the Day.

72. Member giving notice.- Where a notice is signed by more than one member, it shall be deemed to have been given by the first signatory only.

73. Precedence of notices.- Notices for a sitting received not later than two hours before the time fixed for the sitting shall be deemed to have been received for the sitting on that day and a ballot shall be held to determine the relative priority of each such notice on the same subject. Notices received later than two hours before the time fixed for the sitting shall be deemed to have been given for the next sitting.

74. Restriction on raising matters.- Not more than two such matters shall be raised at the same sitting:

Provided that the second matter shall not be raised by the same members who have raised the first matter and it shall be raised at or immediately before the end of the sitting as the Speaker may fix.

75. Priority of the matter.- In the event of more than one matter being presented for the same day, priority shall be give to the matter which is, in the opinion of the Speaker, more urgent and important.

76. Notices to lapse.- All the notices which have not been taken up at the sitting for which they have been given shall lapse at the end of the sitting.

CHAPTER XI

PRIVILEGE

77. Question of privilege.- A member may, with the consent of the Speaker, raise a question involving a breach of privilege either of a member or of the Assembly or of a Committee thereof.

78. Notice of question of privilege.- A member wishing to raise a question of privilege shall give notice in writing to the Secretary General before the commencement of the sitting on the day the question is proposed to be raised. If the question raised is based on a document, the notice shall be accompanied by the document.

Provided that the Speaker may, if he is satisfied about the urgency of the matter, allow a question of privilege to be raised at any time during the course of a sitting after the disposal of questions.

79. Conditions of admissibility of question of privilege.- The right to raise a question of privilege shall be governed by the following conditions, namely:-

(i) not more than one question shall be raised by the same member at the same sitting;

(ii) the question shall relate to a specific matter and shall be raised at the earliest opportunity;

(iii)the matter shall be such as requires the intervention of the Assembly.

80. Mode of raising a question of privilege.- Where a question of privilege has been admitted, the Speaker shall, after the disposal of question, if any, and before other business on the Orders of the Day is entered upon, call upon the member who gave the notice and thereupon the member shall raise the question of privilege and make a short statement relevant thereto:

Provided that, where a member is allowed under the proviso to rule 78 to raise a question of privilege during the course of a sitting, he shall raise that question immediately after his being allowed to do so or at such other time as the Speaker may direct.

81. Precedence of question of privilege.- A question of privilege shall have precedence over adjournment motions.

82. Question of privilege to be considered by the Assembly or Committee.- If the Speaker holds the motion to be in order, the Assembly may consider and decide a question of privilege or may, on a motion either by the member who raised the question or by any other member, refer it for report to the Committee on Rules of Procedure and Privileges.

83. Reference by the Speaker to Committee.- Notwithstanding anything contained in these rules, the Speaker may refer any question of privilege to the Committee on Rules of Procedure and Privileges for examination, investigation and report.

84. Priority for consideration of report of the Committee.- A motion that the report of the Committee on Rules of Procedure and Privileges be taken into consideration shall be accorded the priority assigned to a matter of privilege and when a day has already been fixed for the consideration of the report it shall be given priority as a matter of privilege on the day so appointed.

85. Intimation to Speaker by Magistrate, etc., of arrest, detention, etc., of a member.- When a member is arrested on a criminal charge or for a criminal offence or is sentenced to imprisonment by a court or is detained under an executive order, the committing judge, magistrate or executive authority, as the case may be, shall immediately intimate such fact to the Speaker indicating the reasons for the arrest, detention or conviction, as the case may be, as also the place of detention or imprisonment of the member in the appropriate form set out in the Fourth Schedule.

86. Intimation to Speaker on release of a member.- When a member is arrested and after conviction released on bail pending an appeal or otherwise released, such fact shall be intimated to the Speaker by the authority concerned in the appropriate form set out in the Fourth Schedule.

87. Treatment of communications received from Magistrate, etc.,- As soon as may be, after the Speaker has received a communication referred to in rule 85 or 86, he shall read it out in the Assembly if in session or, if the Assembly is not in session, direct that it may be circulated for the information of the members.

88. Arrest within the precincts of Assembly. - No member shall be arrested within the precincts of the Assembly without the permission of the Speaker.

89. Service of legal process.- A legal process issued by any court, tribunal or other authority shall not be served on a member within the precincts of the Assembly without the permission of the Speaker.

90. Production of member in custody for a sitting of the Assembly or meeting of a Committee.- (1) The Speaker or Chairman of a Committee may summon a member in custody on the charge of a non-bailable offence to attend a sitting or sittings of the Assembly or meeting of a Committee of which he is a member, if he considers his presence necessary.

(2) On a Production Order, signed by the Secretary General or by any other officer authorised in this behalf, addressed to the Government of the Province where the member is held in custody, or to the authority concerned, the Provincial Government or such authority shall cause the member in custody to be produced before the Sergeant-at-Arms, who shall, after the conclusion of the sitting or the meeting, deliver the member into the custody of the Provincial Government or other authority concerned.

CHAPTER XII

ADJOURNMENT MOTIONS

91. Speaker's consent.- Subject to the provisions of these rules, a motion for an adjournment of the business of the House for the purpose of discussion on a definite matter of an urgent public importance may be made with the consent of the Speaker.

92. Notice of motion.- Notice of a motion under rule 91, explaining the matter proposed to be discussed, shall be delivered to the Secretary General in quadruplicate not less than two hours before the commencement of the sitting in which the motion is proposed to be moved, and the Secretary General shall thereupon bring the notice to the knowledge of the Speaker, the Leader of the House, the Minister concerned and the Minister for Parliamentary Affairs:

Provided that no member shall give more than one such notice for any one sitting.

93. Conditions of admissibility of a motion.- A motion shall not be admissible unless it satisfies the following conditions, namely:-

(a) it shall raise an issue of urgent public importance; (b) it shall relate substantially to one definite issue;

(c) it shall be restricted to a matter of recent occurrence;

(d) it shall not repeat in substance motions for which consent has been refused by the Speaker or which have been found to be inadmissible or for which leave has been refused by the House or which have already been discussed by the Assembly;

(e) it shall not anticipate a matter for the consideration of which a date has been previously appointed;

(f) it shall relate to a matter which is primarily the concern of the Government or to a matter in which the Government have substantial financial interest;

(g) it shall not contain arguments, inferences, ironical expressions or defamatory statements;

(h) it shall not refer to the conduct or character of a person except in his official or public capacity;

(i) it shall not raise discussion which is detrimental to public interest;

(j) it shall not relate to matter of privilege;

(k) it shall not deal with a hypothetical case;

(l) it shall not relate to a matter which can only be remedied by legislation;

(m) it shall not be moved on any day fixed for general discussion of the Budget; or

(n) it shall not relate to a matter pending before any court or other authority performing judicial or quasi-judicial functions:

Provided that the Speaker may, in his discretion, allow such matter being raised in the Assembly as is concerned with the procedure or subject or stage of enquiry if he is satisfied that it is not likely to prejudice the consideration of the matter by such court or authority.

94. Asking leave for motion.- (1) Leave to make a motion shall be asked for after questions, if any, and before other business entered on the Orders of the Day is taken up:

Provided that on Tuesday such leave shall be asked for immediately after recitation from the Holy Quran.

(2) Leave to make a motion shall be asked for only by the member who has given notice thereof.

95. Grant or withholding of leave.- (1) If the Speaker is of opinion that the matter proposed to be discussed is in order he shall ask whether the member has the leave of the Assembly to move the motion and, if objection is taken, he shall requested such of the members as may be in favour of leave being granted to rise in their seats.

(2) If less than the majority of the members present rises, the Speaker shall inform the member that he has not the leave of the Assembly, and if the majority of members present rises, the Speaker shall announce that leave is granted and that the motion shall be taken up as the last item for discussion for not more than two hours on such day, within the same session, as the Speaker may fix.

96. Time limit for asking and grant of leave. - On any one day, the aggregate time taken for asking for leave under rule 94 and the grant or withholding of leave under rule 95 shall not exceed half an hour.

97. Restriction on number of motions.- Notwithstanding anything contained in this Chapter, not more than one motion shall be admitted on any one day, but motions, if any, pending consideration as regards their admissibility shall be held over for the next day and shall be taken up in the same order in which they were received.

98. Question to be put. - On a motion under rule 92, the only question that may be put shall be " that the Assembly do now adjourn" but no such question shall be put after the time for the discussion of the motion has expired.

99. Time limit for speeches.- A speech during the debate on a motion for adjournment shall not exceed fifteen minutes in duration:

Provided that the mover or Minister concerned or the Prime Minister may speak for thirty minutes.

CHAPTER XIII

LEGISLATION

Part-I-BILLS ORIGINATING IN THE ASSEMBLY

Section (A) - INTRODUCTION OF BILLS

100. Notice of private members' Bill.- (1) private member may move for leave to introduce a Bill after giving to the Secretary General ten days written notice of his intention to do so.

(2) The notice shall be accompanied by three copies of the Bill together with a Statement of Objects and Reasons in triplicate signed by the member and if the Bill is a Bill which under the Constitution requires consent of the Government or previous sanction of the President for its introduction, the notice shall also be accompanied by a request that such consent or, as the case may be, sanction may be obtained.

(3) If the Bill is accompanied by a request under sub-rule (2), the Secretary General shall cause a copy of the Bill to be transmitted to the Ministry of Law, Justice and Parliamentary Affairs for obtaining orders of the President or, as the case may be, the Government thereon, and shall on receipt of such orders from that Ministry intimate the same to member concerned.

(4) If a question arises whether a bill does or does not require the consent of the Government of previous sanction of the President, the question shall be decided by the Speaker.

101. Introduction of private members' Bills.- (1) Motions for leave to introduce private members' Bills be set down in the Orders of the Day for a day meant for private members business.

(2) If a motions for leave to introduce a private members' Bill is opposed, the Speaker, after permitting, if he so thinks fit, a brief explanatory statement by the member seeking leave and by the member or the Minister opposing it, may without further debate put the question.

(3) If leave is granted, the member-in-charge shall move forthwith to introduce the Bill, and on the motion being made the Bill shall stand introduced.

(4) Copy of the Bill shall be supplied to the members on its introduction.

102. Notice of Government Bills.- (1) A Minister may introduce a Bill after giving to the Secretary General a written notice of his intention to do so.

(2) The notice shall be accompanied by a copy of the Bill, together with a Statement of Objects and Reasons signed by the Minister, and, if it is a Bill which under the Constitution requires previous sanction of the President for its introduction, the notice shall be accompanied by such sanction.

(3) Copy of the Bill shall be supplied to the members on its introduction.

(4) If a question arises whether a Bill does or does not require the previous sanction of the President the question shall be decided by the Speaker.

(5) The introduction of the Bill shall ordinarily be included in the Order of the Day for a day meant for Government business.

(6) When the item is called, the member-in-charge shall forthwith move to introduce the Bill, and on the motion being made the Bill shall stand introduced.

(7) For the purpose of this rule, an Ordinance laid before the Assembly under sub- rule (1) of rule 151 shall be deemed to be a Bill to be introduced in the Assembly on the day it is so laid and, if the Ordinance is one which, if it were to be introduced as a Bill, would have required previous sanction of the President for its introduction, it shall also be accompanied by such sanction, when it is laid before the Assembly.

Sanction (B)-PUBLICATION OF BILLS

103. Publication of Bills.- (1) The Secretary General shall cause every Bill that has been introduced to be published in the Gazette as early as possible.

(2) The Speaker may order the publication of any Bill together with the Statement of Objects and Reasons accompanying it before its introduction and, if it is so published, it shall not be necessary to publish it again after its introduction.

Section (C)- CONSIDERATION OF BILLS

104. Reference of Bills to Standing Committees.- Upon introduction, a Bill, other than a Finance Bill, shall stand referred to the Standing Committee concerned with the subject matter of the Bill;

Provided that the member-in-charge may move that the requirement of this rule may be dispensed with and, if the motion is carried, the provisions of rule 105 shall apply to the Bill as if it were received back from the Standing Committee on the day on which the motion is carried.

Explanation.- In this sub-rule " Finance Bill" means the Bill introduced each year to give effect to the financial proposals of the Federal Government for the next following financial year and includes a Bill to give effect to the supplementary financial proposals for any period during the financial year.

105. Time of consideration of Bills.- (1) After the report of the Standing Committee on the Bill has been presented to the House or Bill is deemed to have been received back from the Standing Committee as a result of suspension of requirement of rule 104, the Bill shall be set down on the Orders of the Day for a day meant for Government business or on a day meant for private members' business according as the Bill is a Government Bill or a private members' for a motion under rule 106.

(2) At least two clear days in a session shall intervene between the day of supply of copies of the Bill to the members and the day for setting down of the Bill for a motion under rule 106.

106. Motions to be made by member-in-charge.- On the day for which a Bill is set down under rule 105 or any subsequent day to which the matter might have been adjourned, the member-in-charge may make any of the following motions in regard to his Bill-

(a) that it be taken into consideration at once; or

(b) that it be taken into consideration on a date to be fixed forthwith; or

(c) that it be referred to a Select Committee; or

(d) that it be circulated for the purpose of eliciting opinion thereon.

107. Bills repugnant to the injunctions of Islam.- (1) If a member raises the objection that a Bill is repugnant to the Injunctions of Islam, the Assembly may, by a motion supported by not less than two-fifths of its total membership, refer the question to the Council of Islamic Ideology for advice as to whether the Bill is or is not repugnant to the Injuctions of Islam.

(2) Notwithstanding a reference under sub-rule (1), the Assembly may at any time proceed with the Bill, if it considers that, in the public interest, the passage of the Bill should not be postponed until the advice is furnished.

(3) The advice of the Council of Islamic Ideology on a question referred to it under sub-rule (1) shall, on receipt be immediately laid on the Table and if the Assembly is not in session at that time, it shall be laid on the Table on the first day of its next session.

(4) If the advice of the Council of Islamic Ideology is furnished after the Bill referred to in sub-rule (2) has been enacted and is to the effect that the law is repugnant to the Injunctions of Islam, the Minister concerned shall, within seven days of the laying of the advice on the Table, move that the law be considered and further action thereon shall be taken in accordance with the provisions of this chapter as if the law were a Bill referred to the Standing Committee under rule 104.

108. Discussion of principles of Bills.- (1) On the day on which any of the motions referred to in rule 106 is made or on any subsequent day to which discussion thereof is postponed the principles of the Bill and its general provisions may be discussed but the details of the Bill shall not be discussed further than is necessary to explain its principles.

(2) At this stage amendments to the Bill may not be moved, but if the member-in- charge moves the Bill be taken into consideration or referred to a Select Committee, any member may move as an amendment that Bill be circulated for the purpose of eliciting opinion thereon by a date to be specified in the motion.

(3) Where a motion that a Bill be circulated for the purpose of eliciting opinion thereon is carried and the Bill is circulated in accordance with that direction and opinions are received thereon, the member-in-charge may, if he wished to proceed with his Bill thereafter, may move that the Bill be referred to the Standing Committee concerned or a Select Committee or that it be taken into consideration.

109. Person by whom motions in respect of Bills may be made.- No motion that the Bill be taken into consideration or be referred to a Select Committee shall be made by any member other than the member-in-charge and no motion that the Bill be circulated for the purpose of eliciting opinion thereon shall be made by any member other than the member-in- charge except by way of amendment to a motion made by the member-in-charge.

110. Procedure after presentation of report.- (1) Where a Bill has been referred to a Select Committee, the member-in-charge may, after the presentation of the final report by the Select, move-

(a) that the Bill as reported by Select Committee be taken into consideration; or

(b) that the Bill as reported by the Select Committee be referred to the same Committee again either-

(i) as a whole, or

(ii) with respect to particular clauses or amendments only, or

(iii)with instructions to make some particular or additional provision in the Bill; or

(c) that the Bill as reported by the Select Committee be circulated or recirculated for the purpose of eliciting opinion or further opinion thereon.

(2) If the member-in-charge moves that the Bill as reported by the Select Committee be taken into consideration, any member may object to its being so taken into consideration, if a copy of the report of the Select Committee has not been made available for the use of the members at least two days before the motion is made and the objection shall prevail unless the Speaker allows the report to be taken into consideration.

(3) If the member-in-charge moves that the Bill as reported by the Select Committee be taken into consideration any member may move as an amendment that the Bill be referred to the same Committee again or be circulated for the purpose of eliciting opinion thereon.

111. Notice of amendments.- (1) When a motion that a Bill be taken into consideration is carried, any member may propose an amendment to the Bill. If notice of an amendment has not been give one clear day before the day on which the relevant clause of or Schedule to the Bill is to be considered any member may object to the moving of the amendment and such objection shall prevail unless the Speaker allows the amendments to be moved.

(2) If the amendment is an amendment which under the Constitution requires the consent of the Government of pervious sanction of the President before it is moved, the notice shall be accompanied by a request that such consent or, as the case may be, sanction may be obtained and the Secretary General shall cause a copy of the amendment to be transmitted to the Ministry of Law, Justice and Parliamentary Affairs for obtaining orders of President or the Government thereon and, on receipt of such order from that Ministry, intimate the same to the member concerned:

Provide that official amendments proposed by the Minister concerned shall be accompanied by the required sanction President.

(3) If a question arises whether an amendment does or does not require the consent of the Government or the previous sanction of the President, the question shall be decided by the Speaker.

(4) The Secretary General shall, as far as practicable, cause a list of amendments of which notice have been received to be made available for the use of every member.

112. Conditions of admissibility of amendments.- The following conditions shall govern the admissibility of amendments:-

(i) An amendment shall be within the scope of the Bill relevant to the subject matter of the clause to which it relates.

(ii) An amendment shall not be inconsistent with any previous decision of the Assembly on the same question.

(iii)An amendment shall not be such as to make the clause which it proposes to amend unintelligible or ungrammatical.

(iv) If an amendment refers to, or is not intelligible without, a subsequent amendment or schedule, notice of the subsequent amendment or schedule shall be given before the first amendment is moved, so as to make the series of amendments intelligible as a whole:

Provided that in order to save time and repetition of arguments a single discussion may be allowed to cover a series of interdependent amendments.

(v) The Speaker shall determine the place at which an amendment shall be moved.

(vi) The Speaker may refuse to propose an amendment which is, in his opinion, frivolous or meaningless.

(vii)An amendment may be moved to an amendment which has already been proposed by the Speaker.

113. Orders of amendments.- (1) Amendments shall ordinarily be considered in the order of the clauses of the Bill to which they respectively relate; and in respect of any such clause a motion shall be deemed to have been made: " That this clause do stand part of the Bill'.

(2) Amendment shall be moved by the member who has given its notice.

114. Withdrawal of amendments.- An amendment moved may, by leave of the Assembly, but not otherwise, be withdrawn at the request of the member moving it. If an amendment has been proposed to an amendment, the original amendment shall not be withdrawn until the amendment proposed to it has been disposed of.

115. Submission of a Bill clause by clause.- Notwithstanding anything in these rules, the Speaker may, when a motion that a Bill be taken into consideration has been carried, submit the Bill, or any part of the Bill, to the Assembly clause by clause. The Speaker may call each clause separately, an when the amendments relating to it have been dealt with, he shall put the question: "That this clause (or, as the case may be, that this clause as amended) do stand part of the Bill".

116. Postponement of clause.- The Speaker may, if he thinks fit, postpone the consideration of a clause.

117. Schedule.- The consideration of the schedule or schedules, if any, shall follow the consideration of clauses. Schedules shall be put from the Chair, and may be amended, in the same manner as clauses, and the consideration of new schedules shall follow the consideration of the original schedules. The question shall then be put: " That this schedule ( or, as the case may be, that this schedule as amended) do stand part of the Bill".

118. Clause one, preamble and title of the Bill.- Clause one, the preamble, if any, and the title of a Bill shall stand postponed until the other clauses and schedules (including new clauses and new schedules) have been disposed of and the Speaker shall then put the question: "That clause one, or the preamble or the title (or as the case may be that clause one or the preamble or the title as amended) do stand part of the Bill".

Section (D) - PASSING OF BILLS ETC.

119. Passing of Bills.- (1) When a motion that a Bill be taken into consideration has been carried and not amendment of the Bill is made, the member-in-charge may at once move that the Bill be passed.

(2) If an amendment of the Bill is made any member may object to a motion being made that the Bills be passed, and such objection shall prevail unless the Speaker allows the motion to be made.

(3) Where such objection as aforesaid prevails, a motion that the Bill be passed may be made on a subsequent day.

(4) At this stage, no amendment to the Bill may be moved excepting verbal amendments which are of a formal or consequential nature.

120. Scope of debate.- The discussion on a motion that the Bill or the Bill as amended be passed shall be confined to the submission of arguments either in support of the Bill or for the rejection of the Bill. In making his speech,a member shall not refer to the details of the bill further than is necessary for the purpose of his arguments which shall be of general character.

121. Withdrawal of Bills.- The member-in-charge may, at any stage of the Bill, move for leave to withdraw the Bill and if such leave is granted no further motion shall be made with reference to the Bill.

122. Transmission of Bills other than Money Bills to Senate.- When a Bill other than a Money Bill is passed by the Assembly, it shall be transmitted to the Senate for consideration with a message to that effect.

123. Authentication and submission of Money Bills.- (1) When a Money Bill is passed by the Assembly, an authenticated copy thereof signed by the Speaker, shall be transmitted to the President, by the Secretary General for assent under Article 75.

(2) Every Money Bill presented to the President for assent shall bear a certificate under the hand of the Speaker that it is a Money Bill, and such certificate shall be conclusive for all purposes and shall not be called in question.

124. Money Bills assented to by the President.- When a Money Bill is assented to by the President under Article 75, the Speaker shall immediately cause it to be published in the Gazette as an ACt of Majlis-e-Shoora (Parliament).

PART-II-BILLS PASSED BY ASSEMBLY AND AMENDED REJECTED OR NOT PASSED BY SENATE

125. Bills amended, rejected or not passed by Senate.-(1) If a Bill passed by the Assembly and transmitted to the Senate is rejected or is not passed within ninety days of its receipt or is passed with amendment by the Senate, the Secretary General shall immediately communicate the fact to the members.

(2) Any Minister, in the case of a Government Bill, or, in any other case, any member may, after giving two days' notice, move on any working day that the Bill referred to in sub-rule (1) be considered in a joint sitting.

(3) When a motion made under sub-rule (2) carried, the Speaker shall refer the Bill to a joint sitting, or if a joint sitting is not in session, request the President to summon a joint sitting for consideration of the Bill.

PART-III-BILLS ORIGINATING IN THE SENATE AND TRANSMITTED TO THE ASSEMBLY

126. Bills originating in, and passed by, the Senate and transmitted to the Assembly,.- When a Bill originating in the Senate has been passed by it and is transmitted to the Assembly, the Secretary General shall, as soon as may be, cause it to be circulated among the members.

127. Notice.- At any time after the Bill has been so circulated, any Minister in the case of a Government Bill or, in any other case, any member may give notice of his intention to move that the Bill be taken into consideration.

128. Motion for consideration.- On the day on which the motion for consideration is put down in the Orders of the Day which shall, unless the Speaker otherwise directs, be not less than two days from the receipt of the notice, the Minister or, as the case may be, the member giving notice may move that the Bill be taken into consideration.

129. Discussion- On the day on which such motion is made or on any subsequent day to which the discussion is postponed, the principles of the Bill and its general provisions may be discussed but the details of the Bill shall not be discussed further than is necessary to explain its principles.

130. Reference to Standing Committee.- Any member may move as an amendment that the Bill be referred to the Standing Committee and, if such motion is carried, the Bill shall stand referred to the Standing Committee, and the rules regarding Bills originating in the Assembly and referred to a Standing Committee shall then apply.

131. Consideration and passing.- If the motion that the Bill be taken into consideration is carried, the Bill shall be taken into consideration clause by clause and the provisions of these rules regarding consideration of amendments to Bills and the subsequent procedure in regard to the passing of Bills shall apply.

132. Bills passed without amendment.- If the Bills is passed without amendment a message shall be sent to the Senate to this effect.

133. Bills passed with amendment or rejected.- If the Bill is rejected or is passed with amendment, it shall be returned to the Senate with a message to this effect.

134. Authentication and submission of a Bill for assent.- When a Bill is passed by the Assembly, without amendment, an authenticated copy thereof signed by the Speaker shall be transmitted to the President, by the Secretary General for assent under Article 75.

135. Bills assented to by the President.- When a Bill is assented to by the President under Article 75, the Speaker shall immediately cause it to be published in the Gazette as an Act of Majlis-e-Shoora (Parliament).

PART IV-CONSTITUTION AMENDMENT BILL

136. Constitution amendment Bill.- In respect of a Bill seeking to amend the Constitution, the provisions of this rule shall apply in addition to the rules relating to Bills, other than a Money Bill, in so far as they are not inconsistent with any provision of this rule or Article 239.

(2) Each clause or schedule, or clause or schedule as amended as the case may be, shall be put to the vote of the Assembly separately and shall form part of the Bill if it is passed by the vote of not less than two-thirds of the total membership of the Assembly.

(3) Amendments to clauses or schedules shall be decided by a majority of members present and voting in the same manner as in the case of any other Bill.

(4) If the motion in respect of such Bill is that the Bill or, as the case may be, the Bill as amended, be passed, then the motion shall be deemed to have been carried if it is passed by the votes of not less than two-thirds of the total membership of the Assembly.

(5) Voting shall be by division whenever as motion has to be carried by the votes of not less than two-thirds of the total membership of the Assembly.

(6) If the result of the voting shows that not less than two-thirds of the total membership of the Assembly is in favour of the motion, the Speaker shall, while announcing the result, say that the motion is carried by the votes of not less than two-thirds of the total membership of the Assembly.

(7) If a Bill passed by the Senate is passed by the Assembly, without amendment, by the votes of not less than two-thirds of the total membership of the Assembly it shall, subject to the provisions of sub-rule (9) be presented to the President for assent under clause (2) of Article 239.

(8) If a Bill passe by the Assembly and transmitted to the Senate is passed by the Senate with amendment, it shall be reconsidered by the Assembly in the manner provided in sub- rule (2) to (6) and if the Bill as amended by the Senate is passed by the Assembly by the votes of not less than two-thirds of the total membership of the Assembly it shall, subject to the provisions of sub-rule (9), be presented to the President for assent under clause (3) of Article 239.

(9) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to the President for assent unless it has been passed by the Provincial Assembly of the Province by the votes of not less than two-thirds of its membership.

(10) When the Bill is assented to by the President, the Speaker shall immediately cause it to be published in the Gazette as an Act of Majlis-e-Shoora (Parliament).

CHAPTER XIV

RESOLUTIONS NOT MENTIONED IN THE CONSTITUTION

137. Right to move resolution.- Subject to the provisions of these rules any member or a Minister may move a resolution relating to a matter of general public interest:

Provided that the number of resolutions moved by a private member in the same session shall not exceed five.

138. Notice of resolution.- (1) A private member who wishes to move a resolution shall give seven days' notice of his intention to do so and shall submit, together with the notice, a copy of the resolution which he intends to move.

(2) The names of all members from whom such notices are received shall be balloted and those members who succeed to secure more than one resolution in the ballot shall give notice indicating their priority within two days after the date of ballot. In the absence of such notice from the member the resolution of the member drawn at first instance shall have precedence over his other resolutions. Every successful member shall be allotted one resulution in the Orders of the Day.

(3) A Minister who wishes to move a resolution shall give three days' notice of his intention to do so and shall submit, together with the notice, a copy of the resolution which he intends to move.

139. Form of resolution.- A resolution may be in the form of a declaration of opinion or a recommendation, or convey a message, or commend, urge or request an action, or call attention to a matter or situation for consideration by the Government, or in such other form as the Speaker may consider appropriate.

140. Contents of resolution.- (1) It shall relate to a matter which is primarily the concern of the Federal Government or to a matter in which the Government has substantial financial interest.

(2) It shall be clearly and precisely expressed and shall raise substantially one definite issue.

(3) It shall not-

(a) Contain arguments, inferences, ironical expressions or defamatory statements;

(b) refer to the conduct or character of a person except in his official or public capacity;

(c) raise discussion which is detrimental to public interest;

(d) contain reflection on a Judge of the Supreme Court or a High Court; or

(e) relate to any matter which is pending before any court:

Provided that the Speaker may, in his discretion, allow such matter being raised in the Assembly as is concerned with the procedure or subject or stage of enquiry if he is satisfied that it is not likely to prejudice the consideration of the matter by such court.

141. Speaker to decide admissibility of resolution.- The Speaker shall decide whether a resolution or a part thereof is or is not admissible under these rules and may disallow any resolution or a part thereof when in his opinion it is an abuse of the right of moving a resolution or is calculated to obstruct or prejudicially affect the procedure of the Assembly or is in contravention of any of these rules.

142. Moving of resolution or its withdrawal.- (1) A member or a Minister in whose name a resolution stands in the Orders of the Day may, if not withdrawn earlier, when called upon, either-

(a) move the resolution in which case he shall commence his speech by a formal motion in the terms appearing in the Orders of the Day; or

(b) not move the resolution, but may make a brief statement.

(2) In the absence of the member or a Minister in whose name the resolution stands in the Orders of the Day, any other member may move the resolution on his behalf with the consent of the Speaker.

143. Amendment of a resolution.- After a resolution has been moved, any member may, subject to these rules, move and amendment to the resolution.

144. Notice of amendment.- (1) If notice of an amendment has not been given one clear day before the day on which it is moved, any member may object to the moving of the amendment, and thereupon the objection shall prevail, unless the Speaker in his discretion allows the amendment to be moved.

(2) The Secretary General, if time permits, cause a copy of each amendment to be made available for the use of every member.

145. Withdrawal of resolution or amendment after having been moved.- A member or a Minister who has moved a resolution, or an amendment to a resolution, shall not withdraw the resolution, or as the case may be, the amendment, except by leave of the Assembly.

146. Repetition of resolution.- (1) When a resolution has been moved, no resolution or amendment raising substantially the same question shall be moved within six months from the date of the moving of the earlier resolution.

(2) When a resolution has been withdrawn with the leave of the Assembly, no resolution raising substantially the same question shall be moved during the same session.

147. Time limit for speeches.- Save with the permission of the Speaker, a speech on a resolution shall not exceed ten minutes:

Provided that the mover of a resolution, when moving the same and the Minister concerned may each speak for thirty minutes.

148. Scope of discussion.- The discussion on a resolution shall be strictly limited to the subject matter of the resolution:

Provided that there shall be no discussion on a resolution which has not been opposed.

149. Copy to Division concerned.- (1) On the conclusion of the discussion, the Speaker shall put the resolution or, as the case may be, the resolution as amended, to the vote of the House and if passed by the House, a copy thereof shall be forwarded to the Division concerned.

(2) The Division concerned shall apprise the Assembly the action taken on the resolution within a period of six months from the date of communication by the Assembly Secretariat.


Next page

Back to main page