Rules of Procedure, Continued

CHAPTER XV

RESOLUTIONS MENTIONED IN THE CONSTITUTION

150. Resolution for the removal or impeachment of the President.- (1) A notice of a resolution under clause (2) of Article 47 shall be given to the Speaker by not less than one-half of the total membership of the Assembly.

(2) Such notice shall set out the particulars of incapacity or of the charge upon which the notice is founded and shall not contain any statement or reflection not relevant to the specific charge.

151. Resolution for the disapproval of Ordinances.- (1) As soon as may be after the commencement of a session, all Ordinances made and promulgated after the prorogation of the last session shall be laid on the Table.

(2) A member may move a resolution for disapproval of an Ordinance after giving three clear days notice his intention to do so.

(3) Where more notices than one under sub-rule (2) are given in respect of the same Ordinance, the resolutions shall be taken up in the Order in which their notices have been received.

(4) If a resolution disapproving an Ordinance is passed, all other resolutions relating to that Ordinance shall lapse.

(5) When a resolution is passed under sub-rule (4), the Secretary General shall immediately cause it to be published in the Gazette and also forward a copy of the notification to the Ministry of Law, Justice and Parliamentary Affairs.

152. Resolution for extension of the terms of office of the Chief Election Commissioner.- (1) In pursuance of the proviso to clause (1) of Article 215, a member or a Minister may, after giving seven days' notice, move a resolution for extension of the term of office of the Chief Election Commissioner by a period not exceeding one year.

(2) Where more notices than one under sub-rule (1) are given the resolutions shall be taken up in the order in which their notices have been received.

(3) If a resolution for extension of term of office of the Chief Election Commissioner is passed, all other resolutions relating thereto shall lapse.

(4) When a resolution has been passed under sub-rule (3), the Secretary General shall immediately cause it to be published in the Gazette and also transmit a copy thereof to the President.

153. Withdrawal of resolution after having been moved.- A member who has moved a resolution shall not withdraw the resolution except by the leave of the Assembly.

154. Amendment.- No amendment shall be moved to any resolution under this Chapter.

155. Certain provisions of Chapter XIV to apply.- Rules 142, 147, 148, and 149 shall apply to resolutions under this Chapter.

CHAPTER XVI

RESOLUTIONS PASSED BY THE PROVINCIAL ASSEMBLIES

156. Treatment of resolution.- (1) Resolutions passed by tow or more Provincial Assemblies under Article 144, shall, on receipt, be laid on the Table and if the Assembly is not in session at that time, they shall be circulated to the members for information. A copy of each such resolution shall also be forwarded to the Ministry of Law, Justice and Parliamentary Affairs and the Division concerned.

(2) A Provincial Assembly, while forwarding a resolution to the National Assembly, shall clearly state whether the resolution has been passed by the Provincial Assembly under Article 144 or otherwise.

(3) A resolution other than the one passed by a Provincial Assembly under Article 144 and drawing attention of the National Assembly to any matter may be brought to the notice of the members, on its receipt.

CHAPTER XVII

REPORTS TO BE LAID BEFORE THE ASSEMBLY

157. Recommendations of National Finance Commission.- The recommendations of the National Finance Commission, together with an explanatory memorandum as to the action taken thereon when received, shall be laid on the Table by a Minister.

158. Report of Auditor-General.- The annual report of the Auditor-General relating to the accounts of the Federation, when received, shall be laid on the Table by a Minister.

159. Report on observance of principles of policy.- The report on the observance and implementation of the Principles of Policy in relation to the affairs of the Federation shall, when received, be laid on the Table by Minister.

160. Report of Council of Islamic Ideology.- Each annual interim report and the final report submitted by the Council of Islamic Ideology under clause (4) of Article 230 shall, within six months of its receipt, be laid on the Table by the Minister.

161. Discussion, etc., on report.- (1) After a report referred to in rule 159 or rule 160 is laid on the Table, the Speaker shall fix a day for its discussion.

(2) On the day fixed under sub-rule (1), the Minister concerned may move that the report be discussed by the Assembly and may make a brief statement explaining the salient features of the report.

(3) The Assembly may, by a resolution, express its opinion or make any observation or recommendation on the report.

162. Reference to Standing Committee.- Any report, other than those referred to in this Chapter, laid on the Table of the House, shall stand referred to the Standing Committee concerned.

CHAPTER XVII

PROCEDURE IN FINANCIAL MATTERS

163. Budget.- (1) The Budget shall be presented to the Assembly on such day and at such time as the Leader of the House may appoint.

(2) No demand for grant shall be made except on the recommendation of the Government.

164. Demands for grants.- (1) A separate demand shall be made in respect of the grant proposed for each Ministry or Division:

Provided that the Government may cause to be included in one demand, grants proposed for two or more Ministries or Divisions or a demand to be made in respect of expenditure which cannot readily be classified under a particular Ministry or Division.

(2) Each demand shall contain a statement of the total grant proposed and a statement of the detailed estimate under each grant divided into items.

165. Presentation of the Budget.- The Budget shall be presented by the Minister for Finance or, in his absence, any other Minister authorised by the Leader of the Hose, hereafter in this Chapter referred to as the Minister-in-Charge. Provided that on the day the budget is presented, no other business, including questions, privilege and adjournment motions, shall be transacted except introduction of Finance Bill.

166. No discussion on the day of presentation.- There shall be no discussion on the Budget on the day on which it is presented to the Assembly.

167. Stages of discussion of the Budget.- The Budget shall be dealt with by the Assembly in the following stages:-

(i) general discussion on the budget as a whole;

(ii) discussion on appropriations (in respect of charged expenditure); and

(iii) discussion and voting on demands for grants(in respect of expenditure other than charged expenditure), including voting on motions for reduction, if any. 168. Allotment of days.- The Speaker shall, in consultation with the Minister-in-Charge allot days for the different stages of the budget referred to in rule 167:

Provided that at least two days shall elapse between the day the budget is presented and the first day allotted for the general discussion on the budget:

Provided further that not less than four days shall be allotted for the general discussion on the Budget.

169. General discussion on the Budget.- (1) On the days allotted for general discussion on the budget, the Assembly may discuss the budget as a whole or any question of principle involved therein, but no motion shall be moved at this stage nor shall the budget be submitted to the vote of the Assembly.

(2) The Minister-in-Charge shall have a general right of reply at the end of the discussion.

(3) The Speaker may, if he thinks fit, prescribe a time-limit for speeches.

170. Cut-Motions.- Any member may move a cut-motion to reduce the amount of demand in any of the following ways:-

(a) "that the amount of the demand be reduced to Re. 1" representing disapproval of the policy underlying the demand. Such a motion shall be known as "Disapproval of Policy Cut". A member giving notice of such a motion shall indicate in precise terms the particulars of the policy which he proposes to discuss. The discussion shall be confined to the specific point or points mentioned in the notice and it shall be open to members to advocate an alternative policy;

(b) "that the amount of the demand be reduced by a specified amount" representing the economy that can be effected. Such specified amount may be either a lump-sum reduction in the demand or omission or reduction of an item in the demand. The motion shall be known as "Economy Cut". The notice shall indicate briefly and precisely the particular matter on which discussion is sought to be raised and speeches shall be confined to the discussion as to how economy can be effected.

(c) "that the amount of the demand be reduced by Rs.100" in order to ventilate a specific grievance which is within the sphere of the responsibility of the Government. Such a motion shall be known as "Token Cut" and discussion thereon shall be confined to the particular grievance specified in the motion.

171. Conditions for admissibility of cut-motion.- In order that a notice of motion for reduction of the amount of demand may be admissible, it shall satisfy the following conditions, namely:-

(i) it shall relate to one demand only;

(ii) it shall not seek to increase a grant or alter the destination of a grant;

(iii) it shall not relate to expenditure charged on the Federal Consolidated Fund;

(iv) it shall be clearly expressed and shall not contain arguments, inferences, ironical expressions, imputations, epithets or defamatory statements;

(v) it shall be confined to one specific matter which shall be stated in precise terms;

(vi) it shall not reflect on the character or conduct of any person whose conduct can only be challenged on a substantive motion;

(vii) it shall not make suggestions for the amendment or repeal of any existing law;

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

(ix) it shall not relate to a matter which is under adjudication by a court of law having jurisdiction in any part of Pakistan;

(x) it shall not raise a question of privilege;

(xi) it shall not revive discussion on a matter which has been discussed in the same session and on which a decision has been taken;

(xii) it shall not anticipate a matter which has been previously appointed for consideration in the same session; nor shall it relate to a trifling matter; and

(xiii) it shall not relate to any matter which is pending before any court or other authority performing judicial or quasi-judicial functions;

Provided that the Speaker may, in his discreti on, 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.

172. Speaker to decide admissibility of cut-motions.- The Speaker shall decide whether a cut-motion is or is not admissible under these rules and may disallow any cut-motion in his opinion, it is an buse the right of moving cut-motion or is calculated to obstruct or prejudicially affect the procedure of the Assembly or is in contravention of any of these rules.

173. Notice of cut-motion.- If notice of a cut-motion has not been given two clear days before the day on which the demand is taken up for consideration any member may object to the moving of the motion and the objection shall prevail unless the Speaker allows the motion to be made.

174. Amendment to cut-motion.- No amendment to a cut-motion shall be permissible.

175. Voting on demands for grants.- (1) Each demand for grant referred to in clause (iii) of rule 167 shall be discussed separately.

(2) Before a question is put in respect of a demand for grant, all cut-motions in respect of that demand shall be discussed and voted upon.

(3) When several cut-motions relating to the same demands are tabled they shall be discussed in the order in which the heads to which they relate appear in the budget.

(4) On the last of the days allotted under rule 168 for the stage referred to in clause (iii) of rule 167 at the time when the meeting is to terminate, the Speaker shall forthwith put every question necessary to dispose of all the outstanding matters in connection with the demands for grants.

176. Schedule of authorised expenditure.- The schedule of authorised expenditure, when authenticated under clause (1) of Article 83 or Article 84, shall be laid on the Table but shall not be open to discussion or vote thereon.

177. Vote on account.- (1) A motion for vote on account shall state the total sum required to be voted and the various amounts needed for each Division, Department or item of expenditure which compose that sum shall be stated in a schedule appended to the motion.

(2) Amendment may be moved for the reduction of the whole demand for grant or for the reduction or omission of the items of which the demand is composed.

(3) Discussion of a general character may be allowed on the motion or any amendments moved thereto but the details of the grant shall not be discussed further than is necessary to develop the general points.

(4) In other respect, a motion for vote on account shall be dealt with in the same way as if it were demand for grant.

(5) The schedule referred to in sub-rule (1) shall also separately specify the several sums required to meet the expenditure charged on the Federal Consolidated Fund.

178. Procedure for dealing with supplementary and excess demands.- The procedure for dealing with supplementary estimates of expenditure and excess demands shall, as for as possible, be the same as prescribed for the Budget except that, if, on a demand for a supplementary grant, funds to meet the proposed expenditure on a new purpose are available by reappropriation, a demand for the grant of a token sum may be submitted to the vote of the Assembly and if the Assembly assents to the demand, funds may be made available.

CHAPTER XIX

COMMITTEES

PART I.-- STANDING COMMITTEES

Section (A) -- COMMITTEES OF THE ASSEMBLY

179. Committees of the Assembly.-(1) In addition to the Standing Committees mentioned in sections (B), (C), (D), (E) and (F) of this part, there shall be a Standing Committee of the Assembly for each Ministry of the Government.

Explanation.- For the purpose of this Chapter, the Cabinet Secretariat and the Prime Minister's Secretariat shall be deemed to be a Ministry.

(2) Each Committee shall deal with the subjects assigned, under the rules for the allocation and transaction of business of Government, to the Division or the Ministry with which it is concerned or any other matter referred to it by the Assembly:

Provided that any subject not so assigned or the subjects assigned to any Ministry for which a Standing Committee has not been constituted shall be dealt with by the Standing Committee dealing with Parliamentary Affairs.

(3) Whenever there is any change in the composition of Ministries or their nomenclature, the Speaker shall, in consultation with Minister for Parliamentary Affairs and the Minister concerned, issue suitable directions in regard to the re-allocation of the existing Standing Committees or, as the case may be, the modification in their nomenclature and election of the new Standing Committees.

180. Reference to Standing Committee.- Except as otherwise provided in these rules, the Assembly or the Speaker may remit to the Standing Committee any subject or matter with which it is concerned and the Standing Committee shall study such subject or matter with a view to suggesting legislation or making recommendations to the Assembly.

181. Composition.- (1) Each Committee shall consist of not more than ten members to be elected by the Assembly.

(2) The Minister concerned shall be an ex-officio member of the Committee:

Provided that the Minister shall not be entitled to vote as an ex-officio member unless he is a member of the Assembly.

Provided further that, in the case of Ministry which is in the charge of the Prime Minister or for which no Minister has been appointed, the concerned Minister of State, if any, shall be its ex-officio member and, where there is no Minister of State also, the Minister or Minister of State to whom the subject or matter referred to the Committee is assigned shall act as its ex-officio member and in the absence of such assignment the Minister for Parliamentary Affairs shall act as ex-officio member of the Committee.

(3) The member-in-charge other than a Minister, or a member on whose motion any subject or matter was referred to the Standing Committee may attend the meetings of the Committee, but shall not vote unless he is a member of the Committee.

(4) The Secretary of the Ministry or Division concerned or an officer not less than the rank of a Joint Secretary, designated in this behalf and the Secretary, Law and Justice Division, or his nominee not lower in rank of a Joint Secretary may attend the meeting of the Committee.

182. Functions.- (1) A Committee shall examine a Bill, subject or matter referred to it by the Assembly or the Speaker and shall submit its report to the Assembly or to the Speaker, as the case may be, with such recommendations including suggestions for legislation, if any, as it may deem necessary. In the case of a Bill, the Committee shall also examine whether the Bill violates, disregards or is otherwise not in accordance with the Constitution.

(2) The Committee may propose amendments which shall be shown in its report along with original provisions of the Bill, provided that the Committee shall have no power of preventing the Bill from being considered by the Assembly.

(3) If a Committee does not present its report within the period prescribed, or the time allowed, the Bill, subject or matter referred to it may be considered by the Assembly, without waiting for the report upon a motion by any member or by the Minister concerned.

(4) A Committee may examine the expenditures, administration, delegated legislation, public petitions and policies of the Ministry concerned and its associated public bodies and may forward its report of findings and recommendations to the Ministry and the Ministry shall submit its reply to the Committee.

Section (B).-- PUBLIC ACCOUNTS COMMITTEE

183. Composition.- The Standing Committee on Public Accounts shall consist of not more than twelve members to be elected by the Assembly and the Minister for Finance shall be its member ex-officio.

184. Functions.- (1) The Committee shall examine the accounts showing the appropriation of sums granted by the Assembly for the expenditure of the Government, the annual finance accounts of the Government, the report of the Auditor-General of Pakistan and such other matters as the Minister for Finance may refer to it. (2) In scrutinising the appropriation accounts of the Government and the reports of the Auditor-General of Pakistan thereon it shall be the duty of the Committee to satisfy itself-

(a) that the moneys shown in the accounts as having been disbursed were legally available for, and applicable to the service or purpose to which they have been applied or charged;

(b) that the expenditure conforms to the authority which governs it; and (c) that every re-appropriation has been made in accordance with the provisions made in this behalf under rules framed by the Ministry of Finance.

(3) It shall also be the duty of the Committee-

(a) to examine the statement of accounts showing the income and expenditure of state corporations, trading and manufacturing schemes, concerns and projects together with the balance sheets and statements of profit and loss accounts which the President may have required to be prepared or are prepared under the provisions of the statutory rules regulating the financing of a particular corporation trading or manufacturing scheme or concern or project and the report of the Auditor-General of Pakistan thereon;

(b) to examine the statement of accounts showing the income and expenditure of autonomous and semi-autonomous bodies, the audit of which may be conducted by the Auditor- General of Pakistan either under the directions of the President or under an Act of Majlis-e- Shoora (Parliament); and

(c) to consider the report of the Auditor-General of Pakistan in cases where the President may have required him to conduct the audit of any receipt or to examine the accounts of stores and stocks.

(4) If any money has been spent on any service during a financial year in excess of the amount granted by the Assembly for that purpose, the Committee shall examine with reference to the facts of each case the circumstances leading to such an excess and make such recommendation as it may deem fit.

(5) The report of the Committee shall be presented within a period of one year from the date on which reference was made to it by the Assembly unless the Assembly, on a motion being made, directs that the time for the presentation of the report be extended to a date specified in the motion:

Provided that extension in the time for the presentation of the report shall be asked for before the expiry of the time allowed under the rule.

185. Unfinished work of the Committee.- Any report, memorandum or note that the Committee may have prepared, or any evidence that the Committee may have taken before the dissolution of the Assembly, shall be made available to the new Committee.

186. Continuity of the Proceedings.- Notwithstanding anything contained in these rules a Public Accounts Committee may proceed from the stage where the previous Committee left the proceedings before the dissolution of the Assembly.

Section (C).-- COMMITTEE ON RULES OF PROCEDURE AND PRIVILEGES

187. Composition.- A Committee on Rules of Procedure and Privileges consisting of not more than fourteen members shall be elected by the Assembly, and the Minister for Parliamentary Affairs shall be its ex-officio member.

188. Functions-

The Committee-

(a) shall consider matters of procedure and conduct of business in the Assembly and recommend, such amendments to these rules as may be deemed necessary;

(b) shall examine every question of privilege referred to it by the Assembly or the Speaker and determine with reference to the facts of each case whether a breach of privilege is involved and, if so, the nature of the breach and the circumstances leading to it; and make such recommendations as it may deem fit; and

Section (D).-- HOUSE AND LIBRARY COMMITTEE

189. Composition.- (1) There shall be a House and Library Committee consisting of not more than eight members who shall be elected by the Assembly.

(2) The Deputy Speaker shall be ex-officio Chairman and the Minister for Housing and Works shall be ex-officio member of the Committee.

190. Functions.- The functions of the Committee shall be-

(a) to deal with matters relating to the issue of admission cards for galleries, other than the President's Box and the Speaker's Box, and such questions relating to the residential accommodation for members as may be referred to it by the Speaker from time to time;

(b) to exercise supervision over facilities pertaining to accommodation, catering and other amenities provided to the members during the session in the Government hostel;

(c) to develop the Library, its reading room and Reference Service with a view to help members of Parliament in the discharge of their duties;

(d) to invite suggestions and advise on the selection of books, periodicals and newspapers;

(e) to advise on reciprocal arrangements for exchange of debates and other publications of the Assembly with friendly countries;

(f) to consider suggestions for improvement of the Library and help in its future expansion;

(g) to assist and encourage the members of Parliament in fully utilizing the services provided by the Library;

(h) to deal with the matters relating to the residential accommodation for the staff of the Assembly Secretariat; and

(i) to consider matters incidental and ancillary to the above functions.

Section (E).-- COMMITTEE ON GOVERNMENT ASSURANCES

191. Function.- The function of the Committee would be to take note of and scrutinise the assurances, promises, commitments, and undertakings of the Government given by the Ministers from time to time on the floor of the Assembly and to regularly report-

(a) the extent to which such assurances and promises have been implemented; and

(b) where implemented, whether the implementation has taken place in time.

Section (F).-- BUSINESS ADVISORY COMMITTEE

193. Composition.- At the commencement of the House or from time to time, as the case may be, the Speaker may, in consultation with Leader of the House and Leader of Opposition, nominate a Committee called the Business Advisory Committee consisting of not more than twelve members including the Speaker who shall be Chairman of the Committee. 194. Functions.- (1) It shall be the function of the Committee to recommend the time that should be allocated for the discussion of the stage or stages of such Government Bills and other business as the Speaker, in consultation with the Leader of the House, may direct for being referred to the Committee.

(2) The Committee shall have the power to indicate, in the proposed time table, the different hours at which the various stages of the Bill or other business shall be completed.

(3) The Committee shall have such other functions as may be assigned to it by the Speaker from time to time.

Section (G).-- GENERAL PROVISIONS REGARDING STANDING COMMITTEES

195. Restriction on membership.- A member shall not ordinarily be a member of more than one Standing Committee at the same time.

196. Appointment of Standing Committees by the Speaker.- For the period till elections to the Standing Committees are held, the Speaker may appoint the Standing Committees and may nominate their Chairmen.

197. Chairman of a Committee.- (1) The Chairman of each Committee shall be elected by the Committee from amongst its members:

Provided that the Minister-in-Charge of the Ministry concerned shall not be elected as its Chairman.

(2) If the Chairman is not present at any sitting, the Committee shall choose one of its members present to act as Chairman for that sitting.

198. Quorum of a meeting.- The quorum to constitute a sitting of a Committee shall be four:

Provided that the quorum to constitute a sitting of the Public Accounts Committee and the Committee on Rules of Procedure and Privileges shall be five.

199. Resignation of members from the Committee.- A member may resign his membership of a Committee by writing under his hand addressed to the Speaker.

200. Casual vacancies.- (1) Casual vacancies in a Committee shall be filled, as soon as possible after such vacancies occur, by election.

(2) Subject to the requirement of a quorum, a Committee shall have power to act notwithstanding any vacancy in its membership. 201. Adjournment etc. of Committee.- If, at the time fixed for any sitting of a Committee or at any time during any such sitting, the number of members present is less than the quorum, the Chairman of the Committee shall either suspend the sitting until the quorum is complete or adjourn the sitting.

202. Discharge of members absent from sittings of Committee.- If a member is absent from three or more consecutive sittings of a Committee without the permission of its Chairman, motion may be moved by any member in the Assembly for the discharge of such member from the Committee.

203. Voting in Committee.- All questions at a sitting of a Committee shall be determined by a majority of the members present and voting.

204. Casting vote of Chairman.- In addition to his vote as a member, the Chairman of a Committee or the person presiding in his absence, shall, in the event of the equality of votes, have a casting vote.

205. Power to appoint Sub-Committees.- (1) A Committee may appoint one or more Sub- Committees, each having the powers of the whole Committee, to examine any matter that may be referred to them.

(2) The order of reference to a Sub-Committee shall clearly state the point or points for investigation. The report of the Sub-Committee shall be considered by the whole Committee and when approved by the whole Committee, be deemed to be the report of that Committee.

206. Sittings of Committees.- (1) A Committee shall sit on such day and at such hour as the Chairman may, in consultation with the Secretary General fix:

Provided that the meeting of a Committee for election of its Chairman shall be fixed by the Secretary General in consultation with the Speaker.

(2) The sittings of a Committee shall ordinarily be held within the precincts of the Assembly.

(3) If a Committee is sitting while the Assembly is also sitting, the Chairman of the Committee shall, if a division is being called in the Assembly, suspend the proceedings of the Committee for such time as will, in his opinion, enable the members to vote in the division.

(4) Subject to sub-rule (1), on a requisition made by not less than four members of a Committee, the Chairman of the Committee shall call a meeting of the Committee within fourteen days from the date of the requisition provided that agenda of the meeting requisitioned is given by the members. 207. Meetings in camera.- The sittings of a Committee may be held in camera if so determined by the Committee.

208. Powers to take evidence or call for papers, records or documents.- (1) A Committee shall have power to require the attendance of persons or the production of papers or records if such course is considered necessary for the discharge of its duties:

Provided that if any question arises whether the evidence of a person or the production of a document is relevant for the purposes of the Committee, the question shall be referred to the Speaker whose decision shall be final:

Provided further that Government may decline to produce a document on the ground that its disclosure would be prejudicial to the defence, security or external relations of Pakistan, and, if the question arises whether the disclosure of a document would be prejudicial as aforesaid, the question shall be referred to the Speaker who shall, after perusing the document, decide whether or not the document should be produced before the Committee.

(2) Subject to the provisions of this rule, a witness may be summoned by an order signed by the Secretary General and shall appear before the Committee and produce such documents as are required for the use of the Committee.

(3) A Committee may invite or summon or allow to appear before it any member or any other person having a special interest in relation to any matter under its consideration and may hear expert evidence and hold public hearing.

(4) A Committee shall have powers vested in civil court under the Code of Civil Procedure, 1908 (Act V of 1908) for enforcing the attendance of any person and compelling the production of documents.

209. Evidence on oath.- (1) A Committee may administer oath or affirmation to a witness examined before it.

(2) The form of the oath or affirmation shall be as follows:

'I A.B., swear in the name of ALLAH/solemnly affirm, that the evidence which I shall give in this case shall be true, that I will conceal nothing, and that no part of my evidence shall be false'.

210. Examination of witnesses.- The examination of witness before a Committee shall be conducted as follows:-

(i) The Committee shall, before a witness is called for examination, decide the mode of procedure and the nature of questions that may be asked of the witness.

(ii) The Chairman of the Committee may first ask the witness such question or questions as he may consider necessary with reference to the subject matter under consideration or any subject connected therewith according to the mode of procedure mentioned in clause (i) of this rule.

(iii) The Chairman may call other members of the Committee one by one to ask any other questions.

(iv) A witness may be asked to place before the Committee any other relevant points that have not been covered and which a witness thinks are essential to be placed before the Committee.

(v) A verbatim record of proceedings of the Committee shall, when a witness is summoned to give evidence, be kept.

(vi) The evidence given before the Committee may be made available to all members of the Committee.

211. Evidence or information to be kept confidential or secret.- Any evidence produced or information tendered before a Committee shall be treated as confidential or secret, unless the Committee, in the public interest decides otherwise.

212. Request for views of Ministers or Divisions on Private Members' Bills.- In case of Private Member's Bill, the Secretary General Shall transmit a copy thereof to the Minister or Division concerned with a request to furnish its views on the Bill for consideration by the Committee.

213. Record of the proceedings of Committee.- A summary of the record of the proceedings of each Committee shall be maintained by the Secretary General.

214. Restriction on publications etc. of proceedings.- (1) A Committee may direct that the whole or any part of its proceedings or a summary thereof may be laid on the Table.

(2) The report of a Committee required to be presented before the Assembly and which has not been presented to the Assembly or the proceeding of a Committee or any part or summary thereof which has not been laid on the Table shall be treated as confidential and shall not be open to inspection except with the permission of the Committee.

(3) The Speaker may direct that any part of the proceedings may be communicated to the members confidentially before it is laid on the Table.

(4) A Committee may, with the permission of the Speaker, make available to Government its report or a part thereof before presentation to the Assembly and such report or part shall be treated as confidential by Government until presented to the Assembly. 215. Special reports.- A Committee may, if it thinks fit, make a special report on any matter that arises or comes to light in the course of its work which it may consider necessary to bring to the notice of the Speaker or the Assembly.

216. Reports of Committees.- (1) Where the Assembly has not fixed any time for the presentation of a report, the report of a Committee shall be presented within thirty days from the date on which reference was made to it by the Assembly, unless the Assembly, on a motion being made, directs that the time for presentation of the report be extended to a date specified in the motion:

Provided that in reckoning the period the days when Assembly is not in Session shall be excluded.

(2) Reports may be either preliminary or final.

(3) The report shall-

(a) incorporate the views,if any, of the Minister concerned with the matter;

(b) set forth the recommendations of the Committee together with the minutes of dissent, if any; and

(c) be signed by the Chairman on behalf of the Committee or, if the Chairman is absent or not readily available, by another member chosen by the Committee.

(4) The Secretary General shall cause a copy of every report of a Committee together with minutes of dissent,if any, to be made available for the use of every member of the Assembly. The report shall, if it relates to a Bill, be published in the Gazette together with the views of the minority, if any.

217. Presentation of report.- (1) The report of a Committee required to be presented to the Assembly shall be presented by the Chairman or, in his absence, by another member of the Committee authorised by the Chairman in this behalf.

(2) In presenting the report, the Chairman or in his absence the member presenting the report shall, if he makes any remarks, confine himself to a brief statement of facts, but there shall be no debate on that statement at this stage.

218. Discussion on the reports.-(1) Save as otherwise provided by these rules, after a report has been presented to the Assembly, the Chairman or any member of the Committee or any other member may move that the report be taken into consideration whereupon the Speaker may put the question to the House.

(2) Before putting the question to the House, the Speaker may permit a debate on the motion, not exceeding half an hour in duration, and such debate shall not refer to the details of the report further than is necessary to make out a case for the consideration of the report by the House.

(3) After the motion made under sub-rule (1) is carried the Speaker may allot one or more days for discussion on the report.

219. Printing, publication or circulation of report before its presentation to Assembly.- The Speaker may, on a request being made to him when the Assembly is not in session, order the printing, publication or circulation of a report of a Committee, although it has not been presented to the Assembly. In that case the report shall be presented to the Assembly during its next session at the first convenient opportunity.

220. Agenda and notices of the meetings of Committees.-(1) The time table of business of a committee and the agenda for each meeting of the Committee shall be determined by the Chairman in consultation with the Minister Concerned.

(2) Notices of all meetings of a Committee shall be sent to the members of the Committee and to the Attorney-General for Pakistan and thee official concerned.

221. Supplementary rules.-A Committee may, with the approval of the Speaker, make supplementary rules of its procedure not inconsistent with these rules.

222. Application of general rules of Assembly.-Subject to the rules in this Chapter and the supplementary rules of the Committee, if any, the general rules of the Assembly shall apply to thee proceedings in each Committee.

223. Removal of doubt and interpretation of rules.-If any doubt arises on any point of procedure or interpretation of these rules, the Chairman may refer the point to the Speaker whose decision thereon shall be final.

224. Business before Committees not to lapse on prorogation.-Any business pending before a Committee shall not lapse by reason only of the prorogation of the assembly and the Committee shall continue to function notwithstanding such prorogation.

PART-II.-OTHER COMMITTEES

225. (A) Select Committees on Bills.- (1) The Minister-in-Charges of the Ministry to which a bill a Bill relates, the Chairman of the Standing Committee concerned with the Bill,the member-in-charge and the Minister for Law, Justice and Parliamentary Affairs shall be included in every Select Committee and it shall not be necessary to include their names in any motion for election of such a Committee.

(2) The other members of the Committee shall be elected by the Assembly when a motion that the Bill be referred to the Select Committee is adopted.

(3) At the time of election of the members of a Select Committee the number of members whose presence shall be necessary to constitute a sitting of the Committee shall be fixed by the Assembly.

(4) The Minister-in-Charge of the Ministry to which the Bill relates shall be the Chairman of the Select Committee.

(5) If the Chairman is not present at any sitting, the Committee shall choose one of its members to act as Chairman for that sitting.

(B) Special Committees.- The Assembly may, by motion appoint a Special Committee which shall have such composition and functions as may be specified in the motion.

226. Provisions relating to Standing Committees to apply to other Committees. In the absence of special provisions relating to a Select Committee or a Special Committee, the provisions relating to the Standing Committees shall apply mutatis to a Select Committee or a Special Committee.

CHAPTER XX

GENERAL RULES OF PROCEDURE

227. Applicability of general rules.- Except for matter for which special provisions are made in these rules the general rules contained in this Chapter shall apply to all matters; and if,and so far as, andy provision in the special rules relating to matter is inconsistent with the general rules, the former shall prevail.

228. Notice by members.- (1) Every notice required by these rules shall be given in writing addressed to the Secretary General and signed by the member giving notice and shall be left at the Notice Office which shall be kept open for this purpose on every working day, between such hours as may be notified from time to time.

(2) A notice delivered when the Notice Office is closed shall be treated as given on the next working day.

229. Contingent notice.- (1) A member may give notice of a motion or resolution or Bill which he may desire to be taken up on the conclusion of other business on which that motion or resolution or Bill is contingent and if such a notice is admitted by the Speaker, it may be included in the Orders of the Day under the heading; contingent notice of motion or resolution or, as the case may be, Bill.

2. A contingent notice shall be in such form as the Speaker may prescribe and shall be taken-up- in the Assembly only after the business on which the notice is contingent in disposed of.

230. Circulation of notice to members.- (1) The Secretary General shall make every effort to circulate to each member and every other person entitled to take part in proceedings of the Assembly, a copy of every notice or other paper which is required by these rules to be made available for their use.

(2) A notice or other paper shall be deemed to have been made available for the use of every member if a copy thereof is deposited in such manner and in such place as the Speaker may from time to time direct.

231. Council of Chairman.- There shall be a Council of Chairman consisting of the Chairman of the Standing Committees headed by the Speaker to consider and coordinate in the matters relating to the Standing Committees.

232. Lapse of pending notices on prorogation of session.- On the prorogation of the Assembly all pending notices, other than notices of intention to move for leave to introduce a Bill and a notice of amendment in a Bill, shall lapse and fresh notices shall be given for the next session.

233. Motion, resolution or amendment moved not to lapse.- A motion, resolution or an amendment, which has been moved and is pending in the Assembly shall not lapse by reason only of the prorogation of the Assembly.

234. Speaker to amend notice of questions, motions, etc. If in the opinion of the Speaker any notice contains words, phrases or expressions which are argumentative, unparliamentary, ironical, irrelevant, verbose or otherwise inappropriate, he may, in his discretion,amend such notice before it is circulated.

235. Effect of dissolution of Assembly.- (1) On the dissolution of the Assembly, all pending business shall lapse.

(2) A Bill pending in the Assembly, or a Bill which having been passed by the Assembly is pending in the Senate, shall lapse on the dissolution of the Assembly.

236. Repetition of motion.- (1) Except as otherwise provided by these rules, a motion shall not raise a question substantially identical with one on which the Assembly has given a decision in the same session.

(2) This rule shall not be deemed to prevent the making of any of the following motions, namely:-

(a) a motion for taking into consideration, or reference to a Standing Committee, of a Bill where an amendment to the effect that the Bill be circulated for the purpose of eliciting opinion thereon has been carried to a previous motion for taking the Bill into consideration or for referring it to a Select Committee;

(b) a motion for the amendment of a Bill which has been recommitted to a Select Committee or recirculated for the purpose of eliciting opinion thereon;

(c) a motion for the amendment of a Bill which is consequential or is designed merely to alter the drafting of another amendment which has been carried; or

(d) a motion which has to be or may be made within a period determined by or under these rules.

237. Anticipation of matter before the Assembly.- A motion or amendment shall not anticipate a matter already appointed for consideration of the Assembly; and in determining whether a motion or amendment is out of order on the ground of anticipation the Speaker shall have regard to the probability of the matter anticipated being brought before the Assembly within a reasonable time. 238. withdrawal of motion.- (1) A member who has made a motion may withdraw the same by leave of the Assembly.

(2) Subject to sub-rule (3), the leave shall be signified not upon question but by the Speaker taking the pleasure of the Assembly. The Speaker shall ask:"It is your pleasure that the motion be withdraw"? If no one dissents, the Speaker shall say:"the motion is by leave withdraw." But if any dissentient voice be heard or a member rises to continue the debate, the Speaker shall forthwith put the motion.

(3) If an amendment has been proposed to a motion, the original motion shall not be withdraw until the amendment has been disposed of.

239. Adjournment of debate on motion.- At any time after a motion has been made, a member move that the debate on the motion be adjourned.

240. Dilatory motion in abuse of the rules of Assembly.- (1) If the Speaker is of opinion that a motion for the adjournment of a debate is an abuse of these rules, he may either forthwith put the question thereon or decline to propose the question.

(2) If the Speaker is of opinion that a motion for recirculation of a Bill to elicit further opinion thereon is in the nature of a dilatory motion in abuse of these rules in-as-much as the original circulation was adequate or comprehensive or that no new or unforeseen circumstance has arisen since the previous circulation to warrant the recirculation of the Bill,he may forthwith put the question thereon or decline to propose the question.

(3) If the Speaker is of opinion that a motion for recommittal of a Bill to a Select Committee or circulation or re-circulation of the Bill after the Select Committee has reported thereon is in the nature of dilatory motion in the in abuse of these rules in-as-much as original circulation was adequate or comprehensive or that now new or unforeseen circumstance has arisen since the previous circulation to warrant the Committee,he may forthwith put the question thereon or decline to propose the question.

241. Motion that policy,situation,statement or any other matter be taken into consideration.- (1) Any Minister or member may give notice of a motion that any policy, situation,statement or any other matter may be taken into consideration.

(2) The Assembly shall proceed to discuss the motion after the mover has concluded his speech and no question shall be put at the conclusion of the debate unless any Minister or a member, with the consent of the Speaker, moves a substantive motion in appropriate terms in which case a question shall be put:

Provided that substantive motion shall be moved immediately after the original motion has been put to the House by the Speaker.

(3) Except as otherwise provided in this rule, the provisions of rules 138 to 149 shall apply mutatis mutandis to a motion for consideration moved under sub-rule (1), hereafter in this rule referred to as the original motion, and to a substantive motion moved in substitution of the original motion heafter in this referred to as the substitute motion, as if such original motion were a resolution and the substitute motion were an amendment to the resolution.

(4) If one or more substitute motions have been moved, the Speaker may, in his discretion, put them to the vote of the Assembly so,however, that the motions expressing disapproval of the matter referred to in the original motion are voted upon before the motions expressing approval thereof.

(5) When a substitute motion is carried,all such other motions not put to the Assembly shall lapse.

242. Rules as to amendments.- (1) An amendment shall be within the scope of, and relevant to, the subject-matter of the motion to which it is proposed.

(2) An amendment shall not raise a question which by these rules can only be raised by the substantive motion after notice.

(3) An amendment shall not be moved which has merely the effect of a negative vote.

(4) An amendment on a question shall not be inconsistent with the previous decision on the same question at the same stage of a Bill or matter.

(5) An amendment may be moved to an amendment which has been moved in the Assembly.

(6) In respect of any motion or in respect of any Bill under consideration in the Assembly, the Speaker shall have the powerr to select one of several identical or substantially identical amendments to be proposed.

243. Correction of patent errors.- Where a Bill is passed by the House, the Speaker shall have power to correct patent errors and make such other changes in the Bill as are incidental or consequential upon the amendments accepted by the House.

244. Notice of amendments.- Notice of an amendment to a motion shall be given one day before the day on which the motion is to be considered, unless the Speaker allows the amendment to be moved without such notice.

245. Selection of amendments. -The Speaker shall have power to select the amendments to be proposed in respect of any motion, and may, if he thinks fit, call upon any member who has given notice of an amendment to give such explanation of the object of the amendment as may enable the Speaker to form a judgement upon it.

246. Putting of amendments.- The Speaker may put amendments in such order as he may think fit:

Provided that the Speaker may refuse to put an amendment which in his opinion is frivolous.

247. Rules to be observed by members while present in the Assembly.- While the Assembly is sitting, a member-

(i) shall not read any book, newspaper or letter except in connection with business of the Assembly;

(ii) shall not pass between the Chair and any member who is speaking;

(iii) shall not interrupt any member while speaking by disorderly expression or noises or in any other disorderly manner;

(vi) shall always address the Chair;

(v) shall keep to his usual seat while addressing the Assembly;

(vi) shall maintain silence when not speaking in the Assembly;

(vii) shall not obstruct proceedings and shall avoid making running commentaries when speeches are being made in the Assembly;

(viii) shall not applaud when stranger enters any of the galleries except when a foreign delegation or a foreign dignitary is specially invited to the sitting;

(iv) shall not while speaking make any reference to a stranger in any of the galleries except when a foreign delegation or a foreign dignitary is specially invited to the sitting;

(x) shall not occupy a seat in the galleries nor while in the chamber engage himself in conversation with any visitor in a gallery; and

(xi) shall not use a mobile telephone.

248. Rules to be observed while speaking..-(1)The subject matter of every speech shall be relevant to the matter before the Assembly.

(2) Except with the permission of the speaker a member may not read his speech but may refresh his memory be reference to his notes.

(2) A member while speaking shall not-

(a) discuss any matter which is subjudice;

(b) reflect upon the President in his personal capacity:

provided that nothing in the clause shall preclude any reference, subject to the provisions of the Constitution, to the President in relation to any act done by him in his official capacity;

(d) make a personal charge against a member, Minister or the holder of a public office, except in so far as it may be relevant in regard to the matter before the Assembly;

(e) use his right of speech for the purpose of wilfully and persistently obstructing the business of the Assembly;

(f) use offensive expressions about the conduct of proceedings in the joint sitting, National Assembly, Senate or a Provincial Assembly;

(g) un-necessarily cast reflection on the conduct of any person who cannot defend himself before the Assembly;

(h) reflect on any determination of the Assembly except on a motion for rescinding it;

(i) use the President's name for the purpose of influencing the debate; or

(j) utter treasonable, seditious or defamatory words or make use of offensive or unparliamentary expression.

Explanation.-In this clause, "unparliamentary expression" means any expression which imputes false motives to a member or charges him with falsehood or is couched in abusive language.

249. Mode of address.- A member desiring to speak on any matter before the Assembly or to raise a point of order or privilege shall speak only when called upon by the Speaker to do so, shall speak from his place,shall rise when he speaks and shall address the Speaker:

Provided that member disabled by sickness or infirmity may be permitted to speak sitting:

Provided further that the speech of a member who speaks without the permission of the Speaker shall not be recorded and it shall not form part of the proceedings of the Assembly.

250. Limitation on debate.- (1) Wherever the debate on any motion in connection with a Bill or any other motion, becomes unduly protected, the Speaker may, after taking the sense of the Assembly,fix a time limit for the conclusion of discussion on any stage or all stages of the Bill or, as the case may be, the motion.

(2) At the appointed hour, in accordance with the time limit fixed for the completion of a particular stage of a Bill or a motion, the Speaker shall, unless the debate is sooner concluded, forthwith put every question necessary to dispose of all the outstanding matters in connection with that stage of Bill or the motion.

251. Questions to be asked through the Speaker.- When, for the purpose of explanation during discussion or for any other sufficient reason,any member has occasion to ask a question of another member on any matter then under the consideration of the Assembly, he shall ask the question through the Speaker.

252. Irrelevance or repetition.- The Speaker, after having called the attention of the Assembly to the conduct of a member who persists in irrelevance or in tedious repetition either of his own arguments or of the arguments used by the other members in debate, may direct him to discontinue his speech.

253. Personal explanation.- A member may, with the permission of the Speaker, make a personal explanation although there is no question before the Assembly, but no debate shall be allowed on it.

254. Order of speeches and right of reply. - (1) After the member who has made a motion has spoken, other members may speak on the motion in the order in which the Speaker may call upon them. If any member who is so called upon does not speak, he shall not be entitled,except with the permission of the Speaker, to speak on the motion at any later stage of the debate.

(2) Except in the exercise of a right of reply or as otherwise provided by these rules, a member shall not speak more than once on any motion, except with the permission of the Speaker, for the purpose of making a personal explanation but in that case no debatable matter may be brought forward.

(3) A member who has made a motion may speak by way of reply, and if the motion has been made by a private member, the Minister concerned may speak after the mover has replied.

(4) Nothing in sub-rule (3) shall be deemed to give any right of reply, to the mover of a cut-motion or to be mover of an amendment to a Bill, resolution or motion, save with the permission of the Speaker.

255. Mover's reply concludes debate.- Subject to the provisions of sub-rule (3) of rule 254,the reply of the mover of the original motion shall in all cases conclude the debate.

256. Procedure when Speaker addresses.- (1) Whenever the Speaker addresses the Assembly, he shall be heard in silence and any member who is then speaking or offering to speak shall immediately resume his seat.

(2) No member shall leave his seat while the Speaker is addressing the Assembly.

257. Closure.- (1) At any time after a motion has been made, any member may move "That the question be now put" and, unless it appears to the Speaker that the motion is an abuse of these rules or an infringement of the right of reasonable debate, the Speaker shall put the motion "That the question be now put".

(2) Where a motion made under sub-rule (1) is carried, the question shall be put without amendment or debate, unless the Speaker allows a member such right of reply as he may have under these rules.

258. Decision of the Assembly.- A matter requiring the decision of the Assembly shall be decided by means of question put by the Speaker on a motion made by a member.

259. Proposal and putting of question.- When a motion has been made, the Speaker shall propose the question for consideration, and put it for the decision of the Assembly. If a motion embodies two or more separate propositions, those propositions may be proposed by the Speaker as separate questions.

260. Voting.- (1) Save as otherwise provided, the votes of members on any question put by the Speaker may be taken by voice in the first instance. On the conclusion of a debate, the Speaker shall put the question and invite those who are in favour of the motion to say "Aye" and those against the motion to say "No".

(2) The Speaker shall then say: " I think the Ayes(or, as the case may be, the Noes) have it" and the question before the Assembly shall be determined accordingly.

(3) If the opinion of the Speaker as to the decision of a question is challenged, he shall order that the Lobby by cleared.

(4) After the lapse of two minutes, he shall put the question a second time and declare whether in his opinion the "Ayes" or the "Noes" have it.

(5) If the opinion so declared is again challenged, he shall direct that the votes be recorded either by division in the manner set out in the Fifth Schedule or by operating the automatic vote recorder:

Provided that, if in the opinion of the Speaker, the division is unnecessarily claimed, he may ask the members who are for "Aye" and those for "No" respectively to rise in their places and, on a count being taken, he may declare the determination of the Assembly. In such a case the names of the voters shall not be recorded.

(6) The result of a voting by a division shall be announced by the speaker and shall not be challenged.

(7) A member may not vote on any question in which he has a pecuniary interest. If he votes on such a question, the vote shall, on a substantive motion carried by the Assembly, be disallowed.

Explanation.-The interest contemplated in this sub-rule shall be direct and personal and not remote or general. 261. Division by automatic vote recorder._ (1) Where the Speaker directs under sub- rule (5) of rule 260 that the votes be recorded by operating the automatic vote recorder, it shall be put into operation and the members shall cast their votes from the seats respectively allotted to them by pressing the buttons provided for the purpose.

(2) After the result of the voting appears on the indicator board, the result of the division shall be announced by the Speaker and it shall not be challenged.

(3) A member who is not able to cast his vote by pressing the button provided for the purpose due to any reason considered sufficient by the Speaker, may, with the permission of the Speaker, have his vote recorded verbally by stating whether he is in favour or against the motion, before the result of the division is announced.

(4) If a member finds that he has voted by mistake by pressing the wrong button, he may be allowed to correct his mistake,provided he brings it to the notice of the Speaker before the result of the division is announced.

262. No speech after question is put.-A member shall not speak on a question after the Speaker has put the question to the Assembly.

263. Casting vote.-The Speaker shall not vote except in the event of an equality of votes.

264. Validity of proceedings, etc.-(1) The validity of the proceedings in the Assembly shall not be called in question on the ground of any irregularity of procedure.

(2) The Assembly shall have power to act notwithstanding any vacancy in the membership thereof and no proceedings in the Assembly shall be invalid by reason only that a person who was disqualified for being or continuing as member, or a person who was otherwise not entitled to do so, was present at or voted or otherwise took part in the proceedings.

265. Decision on points of order.- (1) A point of order shall relate to the interpretation or enforcement of these rules or such Articles as regulate the business of the Assembly and shall raise a question which is within the cognizance of the Speaker.

(2) A point of order may be raised in relation to the business before the Assembly at the moment.

Provided that the Speaker may permit a member to raise a point of order during the interval between the termination of one item of business and the commencement of another if it relates to maintenance of order in, or arrangement of business before, the Assembly.

(3) A point of order may not be raised before the Speaker has disposed of the earlier point of order.

(4) Subject to the provisions of sub-rules (1) and (2) and (3), a member may formulate a point of order and the Speaker shall decide whether the point raised is a point of order and, if so,give his decision thereon, which shall be final.

(5) No debate shall be allowed on a point of order, but Speaker may, if he thinks fit, hear members before giving his decision.

(6) a point of order is not a point of privilege.

(7) A member shall not raise a point of order-

(a) to ask for information;or (b) to explain his position; or (c) when a question on any motion is being put to the Assembly; or (d) which may be hypothetical; or (e) that Division Bells did not ring or were not heard.

(8) There shall be no discussion on a decision on a point of order.

266. Speaker to preserve order and enforce decisions.- (1) The Speaker shall preserve order and shall have all powers necessary for the purpose of enforcing his decision.

(2) For the purpose of enforcing the orders of the Speakers there shall be a Sergeant-at-Arms.

267. Withdrawal of member.- The Speaker may direct any member whose conduct is, in his opinion, grossly disorderly to withdraw immediately from the Assembly and any member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day's sitting.

268. Suspension of member.- (1) The Speaker may, if he deems it necessary, name a member who disregards the authority of the Speaker or abuses these rules by consistently and wilfully obstructing the business of the Assembly.

(2) If a member is so named by the Speaker, he shall forthwith put the question that the member (naming him) be suspended from the service of the Assembly for a period not exceeding the remainder of the session:

Provided that the Assembly may, at any time, on motion made, resolve that such suspension be terminated.

(3) A member suspended under this rule shall forthwith withdraw from the precincts of the Assembly.

269. Power of Speaker to suspend sitting or adjourn the Assembly.- In the case of a grave disorder arising in the Assembly, the Speaker may, if he thinks it necessary to do so, suspend any sitting for a time to be specified by him or adjourn the Assembly.

270. Admission of strangers.- The admission of strangers during the sittings of the Assembly to those portions of the House which are not reserved for the exclusive use of members shall be regulated in accordance with the directions given by the Speaker.

271. Withdrawal of strangers.- The Speaker may, whenever he thinks fit, order of galleries to be cleared and any strangers to be removed.

272. Removal of strangers.- Any officer authorised in this behalf by the Speaker shall remove from the precincts of the Assembly any stranger whom he may see, or who may be reported to him to be in any portion of the precincts of the Assembly reserved for the exclusive use of members, or who having been admitted into any portion of the precincts of the Assembly, misconducts himself or wilfully infringes the directions given by the Speaker under rule 270 or does not withdraw when the strangers are directed to withdraw under rule 271 and may also remove a stranger who has previously misbehaved and apprehension of his doing so again exists.

273. Secret sittings.- (1) On a request made by the Leader of the House, the Speaker may, in his discretion, fix a day or part thereof for sitting of the Assembly in secret.

(2) When the Assembly sits in secret, no stranger shall be permitted to be present in the Chamber, Lobby or Galleries, except the Secretary General and such other officers of the Assembly or other persons as the Speaker may direct.

274. Report of the proceedings.- The Speaker may cause a report of the proceedings of a secret sitting to be kept in such manner as he thinks fit, but no other person shall keep a note or record of any proceedings or decisions of a secret sitting, whether in part or full, or issue any report of, or divulge, purpose to describe, such proceedings.

275. Procedure in other respects.- Subject to these rules, the procedure in all other respects in connection with a secret sitting shall be in accordance with such directions as the Speaker may give.

276. Lifting ban of secrecy.- (1) When it is considered that the necessity for maintaining secrecy in regard to the proceedings of a sitting has ceased to exist, a motion may, subject to the consent of the Speaker, be moved by the Leader of House or any member authorised by him in this behalf that the proceedings be no longer treated as secret.

(2) On adoption of a motion under sun-rule (1), the Secretary General shall cause to be prepared a report of the proceedings of the secret sittings, and shall, as soon as practicable, publish it in such form and manner as the Speaker may direct.

277. Disclosure of proceedings of decisions.- Save as provided in rule 276 disclosure of the proceedings or decisions of a secret sitting by any person in any manner shall be treated as a gross breach of privilege of the Assembly.

278. Language of the Assembly.- (1) The members shall address the Assembly in Urdu or English, provided that the Speaker may permit any member who cannot adequately express himself in any of these languages to address the Assembly in his mother tongue.

(2) If a member desires that a summary in Urdu of his speech delivered in a language other than Urdu be read to the Assembly, he shall supply a copy of the Summary to the Speaker who may, in his discretion, allow it to be read to the Assembly. Such summary shall be included in the record of the proceedings of the Assembly.

(3) The official record of the proceedings of the Assembly shall be kept in Urdu and English.

279. Report of proceedings.- (1) Secretary General shall cause to be prepared a full report of the proceedings of the Assembly at each of its sittings, and shall, as soon as practicable, publish in such from and manner as the Speaker may, from time to time, direct.

(2) The Secretary General may also cause to be prepared a journal of the Assembly containing:-

(a) a brief record of proceedings of the Assembly at each of its sittings:

(b) information on any matter relating to or connected with the business of the Assembly or a matter which in the opinion of the Speaker may be included therein; and

280. Custody of documents and records.- The Secretary General shall have the custody of all records, documents, including the original documents notified in the Gazette; and papers belonging to the Assembly or any of its Committees or the Secretariat of the Assembly, and he shall not permit any such records, documents or papers to be taken out of the Secretariat without the permission, in writing, of the Speaker.

281. Expunction of words from debates.- If the Speaker is of opinion that words have been used in debates which are defamatory, indecent, unparliamentary or undignified, he may, in his discretion, either during the debate or subsequently, order that such words be expunged from the proceedings of the Assembly.

282. Indication in printed debates of expunged proceedings.- The portion or the proceedings of the Assembly expunged under rule 281 shall be marked by asterisks and an explanatory foot-note shall be inserted in the to proceedings as follows:-

"Expunged as ordered by the Speaker"

283. Secretary General to be ex-officio Secretary of Committees.- The Secretary General shall be ex-officio Secretary of all Committees of Assembly.

284. Secretary General may authorise any officer.- The Secretary General may authorised any officer of the Secretariat to perform such duties as he may direct.

285. Suspension of rules.- Whenever any inconsistency or difficulty arises in the application of these rules, any member may, with the consent of the Speaker, move that any rule may be suspended in its application to a particular motion before the Assembly, and if the motion is carried the rule in question shall stand so suspended.

286. Residuary powers of the Speaker.- All matters not specifically provided for in these rules and all questions relating to the detailed working of these rules shall be regulated in such manner as the Speaker may, from time to time, direct.

287. Statement made by a Minister.- A statement may be made by a Minister on a matter of public importance with consent of the Speaker but no question shall be asked nor discussion take place thereon at the time the statement is made.

288. Restriction on use of Chamber of Assembly.- The Chamber shall not be used for any purpose other than the joint sittings or sitting of the Assembly.

289. Papers quoted to be laid on the Table.- If a Minister quotes in the Assembly a despatch or other State paper which has not been presented to the Assembly, he shall lay the relevant extract thereof on the Table:

Provided that where a Minister gives in his own words a summary or gist of such despatch or State paper it shall not be necessary to lay the relevant extract thereof on the Table.

290. Treatment of papers laid on the Table.- (1) A paper or document to be laid on the Table shall be duly authentically by the member or Minister by whom it is so laid.

(2) All papers and documents laid on the Table shall be considered public.

CHAPTER XXI

AMENDMENT OF RULES

291. Amendment of rules.- (1) Unless the Speaker otherwise directs, not less than fifteen clear days' notice of a motion for leave to amend these rules shall be given to the Secretary General and the notice shall be accompanied by the amendment proposed.

(2) The Secretary General shall, as soon as may be, circulate the notice to the members.

(3) The motion shall be included in the Orders of the Day, if the Assembly is in session, within seven days of the expiry of the period of notice given under sub-rule (1) or, if the Assembly is not in session, within seven days of the commencement of the next session.

(4) When the motion is reached, the Speaker shall read out the proposed amendment to the Assembly and ask whether the member has the leave of the Assembly. If objection is taken, the Speaker shall call such of the members as may be in favour of leave being granted to rise in their seats, and, if the majority of the members present does not so rise, he shall declare that the member has not leave of the Assembly, or, if no objection is taken or such membership so rises,the Speaker shall declare that the member has the leave of the Assembly.

(5) When a member has the leave of the Assembly under sub-rule (4), he may move that the proposed amendment be taken into consideration and to such a motion any other member may move as an amendment that the proposed amendment be referred to the Committee on Rules of Procedure and Privileges.

(6) If the motion for consideration is carried, the proposed amendment will be put to the Assembly immediately for decision. If the amendment to refer the proposed amendment to the Committee is carried, the matter shall be referred to the Committee.

(7) After the proposed amendment has been referred to the Committee, the procedure in regard to a Bill similarly committed shall be, as far as may be, followed with such variation as the Speaker may consider necessary.

(8) When a rule or an amendment of a rule is passed by the Assembly, it shall come into force at once.

292. Repeal.- The Rules of Procedure and Conduct of Business in the National Assembly, 1973, are hereby repeated.

FIRST SCHEDULE

[See rule 16(2)] NOMINATION PAPER FOR ASCERTAINMENT OF THE MEMBER COMMANDING THE CONFIDENCE OF THE MAJORITY OF MEMBERS (To be filled in by the proposer)

I....................................................(Name of the Proposer) Member of the National Assembly elected from Constituency No.... do hereby propose the name of............... ................a Member of the National Assembly elected from Constituency No....... as commanding the confidence of the majority of the members.

I hereby declare that I have not subscribed to any other proposal as proposer or seconder.

Signature of Proposer

Date...................... .............................................................

(Name of the Seconder)

I............................................................

(Name of the Seconder)

Member of the National Assembly elected from Constituency No.... do hereby second the above proposal.

I hereby certify that I have not subscribed to any other proposal as proposer or seconder.

Signature of Seconder

Date...................................

(To be filled in by the proposed member)

I,............................................................

(Name of the proposed member)

do hereby declare that I have consented to the above proposal and that I am qualified to be Prime Minister of Pakistan.

Signature

Dated..................................... SECOND SCHEDULE

PROCEDURE FOR RECORDING OF VOTES

(See rules 19, 20 and 21)

1. Before voting commences, the Speaker shall direct that the bells be rung for five minutes to enable members not present in the Chamber to be present. Immediately after the bells stop ringing, all the entrances to the Lobby shall be locked and the Assembly staff posted at each entrance shall not allow any entry or exit through those entrances until the voting has concluded.

2. The Speaker shall then read out the resolution before the Assembly and ask the members who wish to vote in favour of the resolution to pass in single file through the entrance where tellers shall be posted to record the votes. On reaching the desk of the tellers, each member shall, in turn, call out the division number allotted to him under the rules. The tellers shall then mark off his number on the division list simultaneously calling out the name of the member. In order to ensure that his vote has been properly recorded, the member shall not move of until he has clearly heard the teller call out his name. After a member has recorded his vote, he shall not return to the Chamber until bells are rung under paragraph 3.

3. When the Speaker finds that all the members who wished to vote have recorded their votes, he shall announce that the voting has concluded. Thereupon the Secretary General shall cause the division list to be collected, count the record votes and present the result of the count to the Speaker. The Speaker shall then direct that the bells be rung for two minutes to enable the members to return to the Chamber. After the bells stop ringing, the Speaker shall announce the result to the Assembly.

THIRD SCHEDULE

PROCEDURE FOR DETERMINING RELATIVE PRECEDENCE OF PRIVATE MEMBERS' BILLS AND RESOLUTIONS

(See rules 34,36, and 37)

(1) Not less than five days before each day allotted for the disposal of Private Members' business, the Secretary General will cause to be placed in the Notice Office a numbered list. This will be kept open for two days, and during these days at the hours when the office is open,any member who has given notice of a resolution or a Bill,may have his name entered, in the case of a ballot for resolution, against one number only, and, in the case of a ballot for Bills, against one number in the list for each Bill of which he has given notice up to the number of three.

(2) The ballot will be held in a Committee Room in the presence of the Chairman House and Library Committee or a member of the said Committee nominated by him, and any member who wishes to attend may do so.

(3) Papers with numbers corresponding to those against which entries have been made on the numbered list will be separately placed in a box.

(4) A clerk will take out at hazard from the box one of the papers and the Chairman, or the member will call out from the list of corresponding name, which will then be entered on a priority list. This procedure will be carried out till all the numbers or, in the case of a ballot for resolutions, five numbers have been draw.

(5) Priority on the list will entitle the member to have his Bill, or as the case may be, resolution of which the required notice has been given, set down in the Order of the Day in the same order of priority for the day with reference to which the ballot has been held.

FOURTH SCHEDULE

FORM OF COMMUNICATION REGARDING ARREST, DETENTION, CONVICTION OR RELEASE OF A MEMBER

(See rule 85 and 86)

Place........................

Date.........................

The Speaker, National Assembly of Pakistan, Islamabad

(A)

Dear Mr. Speaker,

I have the honour to inform you that I have found it may duty in the exercise of my powers under section......... .......... of the .................(Act), to direct that Mr./Mrs./Miss............. .................Member of the National Assembly of Pakistan, be arrested/detained for...................(reason for the arrest or detention).

Mr./Mrs./Miss............................... Member of the National Assembly of Pakistan was accordingly arrested/taken into custody at..........................(time) on.............. (date) and is at present lodged in the..................... (jail) ..............(place).

(B)

I have the honour to inform you that Mr./Mrs./Miss......... ...........Member of the National Assembly of Pakistan, was tried at the..............Court before me on a charge (or charges) of ......................(Nature of offence with which charged) on ......................after trial lasting for ................... days, I found him/her guilty of......................and sentenced him/her to imprisonment for.................... (period).

His/Her application for leave to appeal to.................. (Name of the Court) is pending for consideration.

(C)

I have the honour to inform you that Mr./Mrs./Miss......... ...........Member of the National Assembly of Pakistan, who was arrested/detained/convicted on.............. (date), for....... ......(reasons for arrest/detention/conviction), was released on ..................(date) on.................(grounds for release).

Yours faithfully,

(JUDGE, MAGISTRATE OR EXECUTIVE AUTHORITY)

FIFTH SCHEDULE

PROCEDURE REGARDING VOTING BY DIVISION

[See rule 260 (5)]

When the minority desires a division and the Speaker is satisfied that the demand for the division is not abuse of the rules, he will order a division to be held by uttering the word "Division" and shall direct that the division bells be rung for two minutes to enable members not present in the Chamber to return to their places;immediately after the bells stop ringing, all the entrances to the Lobby will be locked and the Assembly staff posted at each entrance will not allow any entry or exit through these entrances until the division has concluded. The Speaker will then read the terms of the motion before the Assembly and put the question for second time. If the division is still demanded, he will say "Ayes to the right, Noes to the left; divide".

2. According as they wish to vote members will then proceed to the Ayes or the Noes Lobby and there pass in single file before the tellers appointed by the Speaker. On reaching the desk of the teller, each member will, in turn, call out the division number which will be allotted to him for this purpose. The tellers will then mark off this number on the division list simultaneously calling out the name of the member. In order to ensure that his vote has been properly recorded, the member should not move off until he has clearly heard the teller thus call out his name. The division number allotted to each member will be communicated separately. The number will also be marked on the seat-card of each member.

3. When the voting process as described above is completed in the division lobbies, the tellers will present their division lists to the Secretary General who will count the votes recorded thereon and then present the total of the Ayes" and Noes" to the Speaker. The Speaker will then announce the result to the Assembly. The division will not be at an end until the result is so announced. If the members of "Ayes" and "Noes" are equal, the question will be decided by casting vote of the Speaker.

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