Updated: Sunday September 18, 2016/AlAhad
Thoul Hijjah 16, 1437/Ravivara
Bhadra 27, 1938, at 03:40:05 AM
PROVINCIAL ASSEMBLY OF SINDH
The
Provincial Assembly of Sindh in its sitting held on Thursday, the 31st October, 2013 has adopted the
Rules of Procedure of the Provincial Assembly of Sindh, 2013 in pursuance of
the provisions of clause (1) of Article 67 read with Article 127 of the
Constitution of Islamic Republic of Pakistan:---
RULES OF PROCEDURE OF THE
PROVINCIAL ASSEMBLY OF SINDH
CHAPTER-I
INTRODUCTORY
1. SHORT TITLE AND
COMMENCEMENT:–
(1) These
rules may be called the Rules of Procedure of the Provincial Assembly of Sindh,
2013.
(2) They shall come into force at once.
2. DEFINITIONS:–
(1) In
these rules, unless the context otherwise requires -
(a) “Act” means
a Bill passed by the Assembly and assented to by the Governor;
(b) “Advocate
General” means a person appointed as Advocate General for the Province under
Article 140 of the Constitution;
(c) “Amendment”
means an alteration of or addition to a Bill, Motion or Resolution;
(d) “Article”
means an Article of the Constitution;
(e) “Assembly” means the Provincial Assembly of Sindh;
(f) “Auditor-General” means the Auditor General of
(g) “Bill” means
a draft of a proposed statute presented in the Assembly but not yet enacted or
passed and made a law;
(h) “Budget”
means the Annual Budget Statement within the meaning of Article 120 of the
Constitution;
(i) “Chief
Minister” means the Chief Minister of the
(j) “Chamber”
means the place where the Assembly meets to transact its business;
(k) “Committee”
means a Committee constituted under these rules;
(l) “Constitution”
means the Constitution of the Islamic Republic of Pakistan,1973;
(m) “Gazette”
means the Sindh Government Gazette;
(n) “Gender” means words importing the masculine gender shall be taken to
include feminine gender and words in the singular shall include the plural; and
vice versa.
(o) “Government”
means the Government of Sindh;
(p) “Governor”
means Governor of Sindh;
(q) “House” means the Chamber of the Assembly where the legislative body
meets;
(r) “Leader of
the House” means the Chief Minister or a member designated by him to
represent Government and regulate Government business
in the Assembly;
(s) “Leader of
Opposition” means a member who, in the opinion of the Speaker, is
for the time being leader of the majority of the members in the Opposition;
(t) “Lobby”
means the covered corridor immediately adjoining the Chamber and coterminous
with it;
(u) “Member” means a Member of the Assembly;
(v) “Member-elect” means a person elected as Member and notified as such by
the Election Commission of Pakistan, but has not as yet made oath as stipulated
in rule 6;
(w) “Member-in-Charge”
means, in the case of Government Bill, a Minister or a Parliamentary Secretary
acting on behalf of the Government, and in the case of a private member’s Bill,
the member who has introduced it or any other member authorized by mover in
writing to assume charge of the Bill in absence of the mover;
(x) “Minister”
means the Provincial Minister and includes the Chief Minister;
(y) “Motion” means a proposal made by a member relating to any matter which
may be discussed by the Assembly;
(z) “Mover”
means a Member who moves a Bill, a Resolution and Motion or amendments therein;
(aa) “Orders of
the Day” means the list of business to be brought before the Assembly on any
day;
(bb) “Parliamentary Secretary” means a Member appointed as
such by the Chief Minister;
(cc) “Person
presiding” means in relation to a sitting, any person who is
presiding over that sitting;
(dd) “Precincts
of the Assembly” means the Assembly Chamber, building, courtyard, gardens,
Committee rooms appurtenant thereto, and includes the hall, members’ lobbies,
galleries, rooms of the Speaker, the Deputy Speaker, the Ministers and other
offices of Government located in the Assembly Building, and the offices of the
Assembly Secretariat and any other premises which are notified as such for a
specified time by the Speaker in the Gazette;
(ee) “Private
Member” means a member who is not a Minister or a Parliamentary Secretary;
(ff) “Private
Member’s Bill” means a Bill of a Member who is not a Minister or a
Parliamentary Secretary;
(gg) “Resolution”
means a motion for the purpose of discussing and expressing an opinion on a
matter of general public interest and includes a resolution specified in the
Constitution;
(hh) “Schedule” means a Schedule appended to these rules;
(ii) “Secretary”
means Secretary of the Assembly and includes any person for the time being
performing the duties of the Secretary;
(jj) “Select
Committee” means a Committee of a legislative body that is formed to examine
and report on specific bill or issue;
(kk) “Session”
means the period commencing on the day of the first sitting of the Assembly
after having been summoned and ending on the day the Assembly is prorogued or
dissolved;
(ll) “Supplementary
Budget” means a consolidated statement, to be known as the Supplementary Budget
Statement, laid before the Assembly under Article 124 of the Constitution;
(mm) “Sitting”
means a meeting of the Assembly or any of its Committees from the commencement of its business to the
termination for the day;
(nn) “Speaker” means the Speaker of the Assembly and includes the Deputy
Speaker or any other Member for the time being acting as a Chairperson;
(oo) “Special Committee” means a committee formed with such composition and
functions to examine and report on any issue as may be specified through a
motion;
(pp) “Standing
Committee” means a permanent committee as of a legislature intended to consider
all matters pertaining to a designated subject;
(qq) “Starred question” means a question for an oral answer;
(rr) “Table”
means the Table of the House; and
(ss) “Unstarred question” means a question for a written answer.
(2) The
words and expressions used but not defined in these rules shall, unless the context
otherwise requires, have the meaning assigned to them in the Constitution.
CHAPTER II
SUMMONING, PROROGATION, QUORUM,
OATH, ROLL OF MEMBERS AND SEATING
3. SUMMONING OF THE
ASSEMBLY:–
(1) When
the Assembly is summoned, the Secretary shall cause a notification to be
published in the Gazette stating the date, time and place of the sitting and
shall, as far as practicable, also cause it to be issued to each member.
(2) When
the period between the summoning of the Assembly and the date of the
notification on which it is required to meet is of less than seventy two hours,
the Secretary shall also cause the particulars referred to in sub-rule (1) to
be announced over the Radio, Television and through the Press and also inform
each member through any other source of communication:
Provided
that when a session is called at short notice or in an emergency within seventy
two hours, the date, time and place of session shall be published in the
Gazette and also announced on the Radio, Television and through Press and the
Members shall be informed by urgent mail including any other source of
communication instead of normal notices.
4. PROROGATION OF THE
ASSEMBLY:–
When the Assembly is prorogued, the Secretary
shall cause a notification to that effect to be published in the Gazette.
5. QUORUM:–
(1) If
at any time during a sitting of the Assembly, the attention of the Speaker is
drawn to the fact that members less than one-fourth of the total membership of
the Assembly are present, he shall suspend the sitting and shall order the
bells to be rung for five minutes and if after the said period there is still
no quorum, he shall adjourn the Assembly for fifteen to thirty minutes.
(2) If, on a fresh count being taken
after the expiry of the said period, it is still found that there is no quorum,
the Speaker shall adjourn the Assembly till the next working day or sine
die, as the situation may require:
Provided that if an evening
sitting has already been fixed for the transaction of Government business, the
Assembly may be adjourned till the time of the evening sitting.
6. OATH
OF MEMBERS:–
(1) At the first sitting of the Assembly
after a general election, the persons elected to the Assembly, who are present
shall make, before the Assembly, the oath set out in the Third Schedule to the
Constitution.
(2) The sitting held under sub-rule (1) shall be
presided over by the outgoing Speaker or, in his absence, by such a person as
may be nominated by the Governor.
(3) If the person nominated under sub-rule (2) is
a member-elect of the Assembly, he will make oath under sub-rule (l) before
other persons elected to the Assembly do so.
(4)
A person elected to the Assembly, who has not already made the oath under the
provisions of sub-rule (1), may do so before the Assembly at any time, subject
to the prior intimation to the Speaker or to the Secretary.
(5) If
a Member without a reasonable cause fails to make oath within twenty one days
of the first sitting of the Assembly, his seat shall, under clause (3) of
Article 273 of the Constitution, become vacant and the expiration of that
period and the Secretary shall cause a notification to that effect to be
published in the Gazette and forward its copy to the Chief Election
Commissioner.
7. ROLL OF MEMBERS:–
There shall
be a Roll of Members which shall be signed in the presence of the Secretary by
every member after making the oath.
8. SEATING OF MEMBERS:–
(1) The
members shall sit in the House in such order as the Speaker may determine.
(2) A
Minister who is not a member of the Assembly and has been appointed as Minister
under clause (9) of Article 130 of the Constitution shall have the right to sit
in the Assembly, speak and otherwise take part in the proceedings of the
Assembly or any of its Committees but he shall not be entitled to vote.
(3) Before
the election of the Speaker, the order shall be determined by the outgoing
Speaker or, in his absence, by the Secretary.
CHAPTER III
THE SPEAKER, DEPUTY SPEAKER AND PANEL OF CHAIRMEN
9. ELECTION
OF THE SPEAKER:–
(1) At
the first sitting of the Assembly following a general election, after the
members present have made oath and before the transaction of any other
business, the Assembly shall proceed to elect a Speaker by secret ballot in
accordance with this rule.
(2) The sitting of the Assembly for the
election of the Speaker shall be presided at by the out-going Speaker or, in
his absence, by the person nominated by the Governor under sub-rule (2) of rule
6 (hereinafter in this rule referred to as the Presiding Officer).
(3) No
member shall preside at the sitting for the election in which he himself is a
candidate.
(4)
At any time before 5.00 p.m., on the day preceding the day on which the
election is to be held, a member may propose another member for election as
Speaker by delivering to the Secretary a nomination paper in the form set out
in the First Schedule – A and shall be signed by the proposer and seconder and
also by the candidate stating he has consented to the nomination.
.(5)
A member who has been nominated may, in writing, withdraw his candidature at
any time before the Assembly proceeds to elect a Speaker.
(6) On
the day of election, the Presiding Officer shall read out to the Assembly the
names of the members who have been duly nominated and have not withdrawn their
candidature, and also the names of their proposers and seconders, and, if there
is only one such candidate, shall declare that candidate to have been elected
as Speaker.
(7)
Where, after withdrawals, if any, there
remain only two candidates for election, a ballot shall be held between them
and the candidate who secures more votes than the other shall be declared to
have been elected. If both the candidates secure an equal number of votes, a
fresh ballot shall be held between them until one of them secures more votes
than the other, and the candidate securing more votes shall be declared to have
been elected as Speaker.
(8) Where, after withdrawals, if any,
there remain more than two candidates for election, the candidate obtaining
more votes than the aggregate of votes secured by the other candidates shall be
declared to have been elected. If no candidate secures more votes than the
aggregate votes secured by the other candidates, there shall be a fresh ballot at
which the candidate who secured the lowest number of votes at the last ballot
shall be excluded from the election, and the balloting shall, in like manner,
proceed until one candidate secures more votes than the remaining candidates
or, as the case may be, the remaining candidates in the aggregate, and such
candidate shall be declared to have been elected.
(9) Where,
at any ballot any two of the three or more candidates secure an
equal number of votes and one of them has to be excluded from election under
sub-rule (8), the question as to which one of such candidates is to be excluded
shall be determined by the casting vote of the Presiding Officer if he is an
elected member, and, by drawing of lots, in any other case.
(10) The
member elected as Speaker shall, before entering upon office, make before the
Assembly oath in the form set out in the Third Schedule to the Constitution.
10. ELECTION OF THE DEPUTY SPEAKER:–
(1) Immediately
after the election of the Speaker, the Assembly shall proceed to elect a Deputy
Speaker and the procedure prescribed in rule 9 for the election of the Speaker,
shall apply to the election of the Deputy Speaker as if references therein to
the Speaker were references to the Deputy Speaker and references to the
Presiding Officer were references to the Speaker.
(2) At
any time before 5:00 p.m, on the day preceding the day on which the election is
to be held, a member may propose another member for election as Deputy Speaker
by delivering to the Secretary a nomination paper in the form set out in the
First Schedule–B and shall be signed by the proposer and seconder and also by
the candidate stating he has consented to the nomination.
(3) A person elected as the Deputy Speaker
shall, before entering upon office, make before the Assembly oath in the form
set out in the Third Schedule to the Constitution.
11. VACANCY IN THE OFFICE OF THE SPEAKER OR
DEPUTY SPEAKER:–
(1) Whenever
the office of the Speaker becomes vacant, the Governor shall fix a date for the
election of a new Speaker, if the Assembly is in session, as soon as possible
during that session, and if the Assembly is not in session, at the commencement
of the next session and the election shall be held in accordance with rule 9.
(2) Whenever the office of the Deputy
Speaker becomes vacant, the Speaker shall fix a date for the election of a new
Deputy Speaker and the election shall be held as soon as possible, if the
Assembly is in session, during that session, and if the Assembly is not in
session, at the commencement of the next session and the election shall be held
in accordance with rule 10.
12. REMOVAL
OF THE SPEAKER OR DEPUTY SPEAKER:-
(1) A member may give to the Secretary notice in
writing of a motion for leave to move a resolution under paragraph (c) of
clause (7) of Article 53 read with Article 127 of the Constitution for the
removal from office of the Speaker or the Deputy Speaker and the Secretary
shall forthwith circulate the notice to the members:
Provided that the Resolution shall not contain
arguments, inferences, ironical expressions, epithets or defamatory statements,
and in case the Resolution contains such matters, the same shall be deleted
there from.
(2) The motion for leave to move the
resolution shall be entered in the name of the member concerned in the List of
Business for the first working day after the expiry of seven days of the
receipt of the notice under sub-rule (1).
(3) No other item shall be included in
the List of Business for the day fixed for a motion for leave to move a
resolution under sub-rule (2).
(4) The Speaker or the Deputy Speaker
shall not preside at a sitting of the Assembly when a Resolution for his
removal is being considered.
(5) Immediately after the motion
referred to in sub-rule (2) has been moved, the Presiding Officer shall call
such of the members as may be in favour of the leave being granted to rise in
their seats and, if at least one-fourth of total membership of the Assembly
does not so rise, he shall declare that the member has not the leave of the
Assembly, or, if such membership so rises, call upon the member to move the
resolution.
(6) Except with the permission of the
Chairperson, a member shall not speak on the Resolution for more than fifteen
minutes but the mover of the Resolution and the Speaker or, as the case may be,
the Deputy Speaker, against whom the motion has been moved, may speak for
thirty minutes or for such longer time as the Chairperson may permit.
(7) The Assembly shall not be adjourned
until the motion for leave is disposed of or, if leave is granted, the
resolution has been voted upon.
(8) The voting on the Resolution shall be by
secret ballot and shall be held in such
manner as the Chairperson may direct.
(9) If
the session during which notice has been given under sub-rule (1) has been
summoned by the Speaker in pursuance of clause (3) of Article 54 read with
Article 127 of the Constitution, the Assembly shall not be prorogued until the
motion has been disposed of or, if leave is granted, the resolution has been
voted upon.
(10) The Speaker or, as the case may be, the Deputy
Speaker, shall stand removed from office on the resolution being passed by
majority of the total membership of
the Assembly and the Secretary shall cause a notification to be published in
the Gazette.
13. PANEL OF CHAIRMEN:–
(1) At
the commencement of a session, the Speaker shall nominate, in order of
precedence, from amongst members a panel of not more than four Chairmen and in
the absence of the Speaker and the Deputy Speaker, the member having precedence
amongst those present at the sitting shall take the Chair.
(2) If at any time at a sitting of the
Assembly neither the Speaker nor the Deputy Speaker nor any member on the Panel
of Chairmen is present, the Secretary shall so inform the Assembly and the
Assembly shall, by a motion, elect one of the members present to preside at the
sitting.
14. POWERS AND FUNCTIONS OF THE
SPEAKER:–
(1) In
addition to the specific functions and powers provided by these rules and
subject to sub-rule (4) of rule 12, the Speaker shall take the Chair at every
sitting of the Assembly at the hour to which the Assembly was adjourned at the
last sitting or at the hour at which the Assembly has been summoned to meet.
(2) The Speaker shall call the sitting
to order.
(3) The Speaker shall preserve order and
decorum, and, in case of disturbance or disorder in the galleries may cause
them to be cleared.
(4) The Speaker shall decide all
points of order.
(5)
Subject to sub-rule (4) of rule 12, in the absence of the Speaker, the Deputy
Speaker shall take the Chair at a sitting.
15. DELEGATION OF POWERS OF THE SPEAKER:–
The Speaker may, by an order
in writing, delegate to the Deputy Speaker all or any of his powers
under these rules.
16. POWER
OF THE MEMBER PRESIDING AT A SITTING:-
The Chairperson shall have the same powers as
the Speaker has when presiding at a sitting; and, all references in these rules
to the Speaker shall be deemed to include a reference to the Chairperson.
17. SCRUTINY:–
(1) The
person presiding shall, in the presence of the candidates or
their proposers or seconders, scrutinize the nomination papers and
may reject a nomination paper if he is satisfied that –
(a) the candidate
is not qualified to be elected as Speaker;
(b) any provision
of rule 7 has not been complied with; or
(c) the
signature of the proposer, the seconder or the candidate is not genuine:
Provided that –
(i) the rejection of a nomination paper shall not invalidate the
nomination of a candidate by any other valid nomination paper; and
(ii) the person presiding shall not reject a nomination paper on the
ground of any defect which is not of a substantial nature and may allow such
defect to be remedied forthwith.
(2) The
person presiding shall endorse on each nomination paper his decision accepting
or rejecting it and shall, in case of rejection, record briefly the reasons
therefore.
CHAPTER IV
CHIEF MINISTER
A-ELECTION
18. ELECTION OF CHIEF MINISTER:–
(1) After the election of the Speaker and the Deputy
Speaker following a general election, or whenever the office of the Chief
Minister falls vacant for any reason, the Assembly shall, to the exclusion of
any other business, proceed to elect without debate one of its members as the
Chief Minister.
(2) At any time before 5:00 pm
preceding the day on which the Chief Minister is to be elected, any member may
nominate another member for election as the Chief Minister (hereinafter called ‘the candidate’) by delivering
to the Secretary a nomination paper set out in the First Schedule - C signed by
himself as proposer and by another member as seconder, together with a
statement signed by the candidate that he consents to the nomination.
(3)
The nomination paper in terms of sub-rule
(2), may be delivered either by the candidate, or the proposer, or the
seconder.
(4) A candidate may be nominated by
more than one nomination paper but no member
shall subscribe, whether as proposer or seconder, more than one nomination
paper.
(5) The
Secretary shall endorse under his signature the date and time of the receipt on
each nomination paper, record it in the register maintained for the purpose and
issue an acknowledgement as set out in the First Schedule - C.
(6) If a member has subscribed to more than
one nomination paper, the first nomination paper delivered to the Secretary
shall be valid and all subsequent nomination papers shall be invalid and shall
not be taken into consideration.
19. SCRUTINY:–
(1) The Speaker shall, at 6:00 pm on the day preceding the day of the
election or at such other time as he may determine, scrutinize the nomination
papers received in terms of rule 18, in the presence of such candidates, their
proposers or seconders as may wish to be present.
Explanation: Where
the Speaker determines the time for scrutiny of nomination papers other than
the time mentioned in this sub-rule, the
Secretary shall intimate the candidates, the proposers and the seconders, the
time determined by the Speaker for scrutiny of the nomination papers.
(2) The
Speaker may reject a nomination paper if he is satisfied that-
(a) the proposer or
the seconder or the candidate is not a member;
(b) any provision of rule 18 has not been complied with; or
(c) the signature of the proposer or the seconder or the candidate is
not genuine.
(3) Notwithstanding
anything contained in sub-rule (2), the Speaker shall not reject a nomination
paper on the ground of any defect which is not of substantial nature and may
allow any such defect to be rectified at the time of scrutiny.
(4) The Speaker shall endorse on each nomination paper
his decision accepting or rejecting the nomination paper and shall, in case of
rejection, record brief reasons for the rejection of a nomination paper.
(5)
The rejection of a nomination paper of a candidate shall not invalidate the
nomination of the candidate through another valid nomination paper.
(6) The decision of the Speaker, accepting or
rejecting a nomination paper, shall be final.
20. WITHDRAWAL:–
A candidate may withdraw
his candidature at any time before the commencement of the election by
submitting an application, in writing under his hand, to the Speaker.
21. ELECTION:–
(1) Before
the commencement of the election, the Speaker shall read out to the Assembly
the name or names of the candidates validly nominated in the order in which
their nomination papers were received and shall proceed to conduct the election
in accordance with the procedure prescribed in the Second Schedule.
(2) If
there is only one contesting candidate and he secures the votes of the majority
of the total membership of the Assembly, the Speaker shall declare him to have
been elected as the Chief
Minister; but, in case, he does not secure that majority, all proceedings for
the election, including nomination of the candidates, shall commence afresh.
(3) If no candidate secures the votes of
the majority of the total membership of the Assembly in the first poll, the
Speaker shall conduct a second poll between the candidates who secure the two
highest numbers of votes in the first poll and shall declare the candidate who
secures the majority of votes of the members present and voting to have been
elected as Chief Minister:
Provided
that if the number of votes secured by two or more candidates securing the
highest number of votes is equal, the Speaker shall hold further polls between
them until one of them secures the majority of votes of the members present and
voting, and shall declare such candidate to have been elected as the Chief
Minister.
22. GOVERNOR TO BE INFORMED:–
The Speaker shall, as soon as may be, inform the
Governor the name of the Chief Minister elected under these rules.
B – VOTE OF CONFIDENCE
23. PROCEDURE
FOR VOTE OF CONFIDENCE IN THE CHIEF MINISTER.–
(1) Whenever
the Chief Minister has to obtain a vote of confidence under clause (7) of
Article 130 of the Constitution, voting shall be recorded in accordance with
the procedure set out in the Second Schedule.
(2) A
member may give notice in writing to the Secretary for moving a Resolution for
seeking a vote of confidence in the Chief Minister and the Secretary shall, as
soon as may be, circulate the notice to the Members.
(3) The notice for
moving the resolution under sub-rule (1)–
(a) shall contain statement signed by the Chief Minister that he has
consented to the moving of the Resolution;
(b) may be given at short notice and its announcement in the House or
release to the news media shall be a sufficient circulation for purposes of
sub-rule (2); and
(c) shall be entered in the name of the member
concerned by the Secretary in the List of Business, as soon as may be, after
the receipt thereof.
Explanation: In this sub-rule, ‘short notice’ includes
a notice given on the day on which its consideration is
contemplated.
(4) The resolution may be taken up on any
day including a holiday, an off day or a private members’ day.
(5) After the resolution has been
moved, the Assembly shall not be adjourned on that day until the resolution has
been voted upon.
(6) There shall be no debate on the
resolution under this rule and voting shall be held in accordance with the
provisions of the Second Schedule.
(7) In a sitting fixed for the moving
of a resolution mentioned in sub-rule (2), there shall be no business or
proceedings other than those relating or consequential to the resolution.
(8) If, on the day fixed by the
Governor for obtaining a vote of confidence from the Assembly under clause (7)
of Article 130 of the Constitution, the Chief Minister refrains from doing so,
it shall be deemed that he does not command the confidence of the majority of
the members.
(9) The Speaker shall, as soon as may
be, inform the Governor the result of the proceedings under this
rule.
C – VOTE OF NO CONFIDENCE
24. RESOLUTION FOR VOTE OF NO CONFIDENCE AGAINST
CHIEF MINISTER:–
(1) A notice of a resolution under clause (1) of
Article 136 shall be given in writing to the Secretary by not less than twenty
per centum of the total membership of the Assembly.
(2) The Secretary shall, as soon as may be,
circulate the notice to the members.
(3) A notice under sub-rule (1) shall
be entered in the name of the members concerned in the List of Business for the
first working day after the expiry of seven clear days of the receipt of the
notice.
(4) Leave, to move the resolution,
shall be asked for after the recitation from the Holy Quran, and before any
other business entered in the List of Business is taken up.
(5) When
the resolution is moved, the Speaker may, after considering the state of
business, allot a day for the voting on the resolution:
Provided that the
resolution shall not be voted upon before the expiry of three days, or later
than seven days, from the day on which the resolution is moved in the Assembly:
Provided further that the
Resolution shall not be moved while the Assembly is considering demands for
grant submitted to it in the annual budget statement.
(6) On
the day appointed under sub-rule (5), the Speaker shall, without debate, put
the resolution to the vote of the Assembly in accordance with the provisions of
the Second Schedule and the Assembly shall not be adjourned on that day until
the resolution has been voted upon.
(7) There
shall be no other business on the day allotted by the Speaker for consideration
of, and voting on, the resolution.
(8) The
Speaker shall, as soon as may be, inform the Governor of the
decision made by the Assembly in respect of the resolution.
CHAPTER V
LEADER OF THE OPPOSITION
25. DECLARATION OF LEADER OF THE OPPOSITION:–
(1) After
general election and at any time thereafter the Speaker shall declare Leader of
the Opposition within seven days, after the election of the Chief Minister.
(2) After
the election of the Chief Minister, the Speaker shall inform the members about
the date and place for submission of a name for the Leader of the Opposition.
The members of Opposition who are in majority may submit the name for the
Leader of the Opposition under their signatures.
(3) The
Speaker shall declare a member as Leader of the Opposition having the greatest
numerical strength after verification of the signatures of the members:
Provided
that any member who is not signatory to the proposal, if he presents himself
before the count, and sign the proposal, shall be included in the count.
26. REMOVAL OF LEADER OF THE
OPPOSITION:–
(1) A
notice signed by a majority of the members of the Opposition may be given to
the Secretary showing that the Leader of the Opposition has lost the support of
the majority of the members of the Opposition.
(2) Such
notice shall be accompanied by the nomination of a proposed new Leader of the
Opposition signed by a majority of the members of the Opposition.
(3) After
verification of the signatures of the members, if the Speaker is satisfied
that the Leader of the Opposition has lost the support of the majority of
the members of the Opposition, he shall declare him to be removed from office,
within a period of three days.
(4) When
the Leader of the Opposition is removed, the Speaker shall immediately declare
the member who has been nominated in sub-rule (2) as Leader of the Opposition.
27. VACANCY IN THE
OFFICE OF LEADER OF OPPOSITION:–
Whenever the
office of the Leader of Opposition becomes vacant, it shall be filled in the
manner as provided in rule 25.
CHATER VI
SITTINGS OF THE ASSEMBLY, CLASSIFICATION
AND ARRANGEMENT OF BUSINESS
28. NUMBER OF SESSIONS IN A YEAR:–
(1) There
shall be atleast three sessions of the Assembly in a parliamentary year and not
more than one hundred and twenty days shall intervene between the last sitting
of the Assembly in one session and the date appointed for its first sitting in
the next Session:
Provided that the Assembly shall meet for not
less than one hundred working days in each parliamentary year.
(2) The
Assembly shall as minimum meet as per following schedule:-
June Not
less than fifteen days
August Not
less than seven days
September Not
less than twelve days
October Not
less than seven days
November Not
less than seven days
December Not
less than twelve days
January Not
less than seven days
February Not
less than seven days
March Not
less than twelve days
April Not
less than seven days
May Not
less than seven days .
Total:- Not less
than hundred days
Provided that the Speaker shall apply his
discretion to adjust the holidays with regard to the aforesaid schedule.
Provided further that nothing contained in this
rule shall limit the powers of the Speaker to summon a requisitioned session of
the Assembly to meet at any time under sub-rule (2) of rule 28.
Provided also that the Governor may summon the
Assembly on any date.
Explanation:- In
this sub-rule, “working days” includes any period not exceeding two days for
which the Assembly is adjourned.
(3) Unless
the Speaker otherwise directs –
(i) the Assembly shall meet on the days of the week except Sundays and
Holidays; and
(ii) the Assembly shall observe the following timings:-
(a) from 1st April to 30th September.
MONDAY
TUESDAY
WEDNESDAY From
10:00 a.m. to 2:00 p.m.
THURSDAY
FRIDAY
SATURDAY
(b) From 1st October to 31st March
MONDAY
TUESDAY From
10.00 a.m. to 2-00 p.m.
WEDNESDAY
THURSDAY
FRIDAY From
10-00 a.m. to 1-00 p.m.
SATURDAY
(iii) if the
business set down for the day is completed earlier or if it is not completed in
time, the Speaker shall adjourn the Assembly; provided in case of closure being
in progress, the Assembly shall be adjourned after the completion of the
proceedings under the closure.
(4) Every
sitting of the Assembly shall commence with recitation of verses from the Holy
Quran followed by its Urdu and Sindhi translations and a Naat Shareef in Urdu
and Sindhi on alternate days.
29. ADJOURNMENT OF SITTING:–
Notwithstanding anything contained in these rules,
the Speaker may, at any time, adjourn the
sitting of the Assembly and call the sitting so adjourned, at time and date
different from that to which it was adjourned and the change shall be intimated
to the members through announcement on radio, television, newspapers and any
other source of communication.
30.
CLASSES OF BUSINESS:–
(1) The
business of the Assembly shall be classified as –
(a) Government
business; or
(b) Private
members’ business.
(2) Government
business shall include Bills, Resolutions, Amendments and other Motions
introduced or initiated by a Minister.
(3)
Private members’ business shall include Bills, Resolutions, Amendments and
other Motions introduced or initiated by private members.
31. ALLOTMENT OF TIME
FOR TRANSACTION OF BUSINESS :-
(1) On Tuesday, the private business shall have precedence and on all other
days, no business other than Government business, shall be transacted except
with the consent of the Leader of the House or in his absence, the Minister for
Law and Parliamentary Affairs.
(2) If
there is no sitting on Tuesday, private members’ business shall have precedence
on the next working day.
(3) If any Tuesday is allotted by the Governor for
the presentation of the Budget or is allotted by the Speaker
for any stage of the Budget referred to in
rule 148, a day in lieu of such Tuesday shall be set apart by the Speaker for
private members’ business.
32. ARRANGEMENT OF BUSINESS:–
(1) The
Secretary shall arrange Government business in such an order as may be
intimated by the Minister for Law and Parliamentary Affairs or in his absence,
any other Minister authorized by him.
(2) Subject to the provisions of sub-rule
(3), on a day when private members’ business is to be transacted, such business
shall be taken up in the following order
(a) Bills to be introduced;
(b) resolutions on matters of general public interest;
(c) Bills which have been introduced; and
(d) any other motion.
(3) The Speaker may direct that Bills
and resolutions may be taken up on separate days. On the day when Bills are so
taken up, not more than the first half of the day shall be allowed for Bills to
be introduced and the rest of the day for Bills, if any, which have advanced
beyond the stage of introduction.
33. RELATIVE PRECEDENCE OF PRIVATE
MEMBERS’ BILLS :-
(1) The
relative precedence of private members’ Bills shall be determined by ballot.
(2) Unless
the House otherwise decides, private members’ Bills shall be taken
up in the following order -
(a) Bills to be introduced;
(b) Bills in respect of which the next stage is that the Bills be
passed;
(c) Bills in respect of which a motion has been carried that the Bill,
as reported upon by a Standing or Select Committee, be taken into consideration;
(d) Bills in respect of which the report of the Standing or the Select
Committee has been presented;
(e) Bills in respect of which the next stage is the presentation of
the report of the Standing or the Select Committee; and
(f) Bills which have been circulated for
eliciting public opinion.
(3) The relative precedence of the
Bills falling under the same clause of sub-rule (2) shall be determined by
ballot.
(4) The ballot under this rule shall
be held in accordance with the procedure set out in the Third Schedule, on such
day, not being less than five days before the day with reference to which the
ballot is held:
Provided that the Speaker may, from time to
time, make such variations in the procedure as he thinks fit.
34. PRECEDENCE OF RESOLUTIONS:–
(1) The
relative precedence of resolutions, the notices of which have been given by the
private members and which have been admitted, shall be determined by ballot to
be held in accordance with the procedure set out in the Third Schedule, on such
day, not being less than five days before the day with reference to which the
ballot is held:
Provided that the Speaker may, from time to
time, make such variations in the procedure as he thinks fit.
(2) A resolution which does not find
place in the ballot shall not lapse but shall be included in the subsequent
ballot in the same session.
35. PRECEDENCE OF
MOTIONS:–
The relative precedence of motions
under rule 266 shall be determined in accordance with the procedure laid down
in rule 33 with the variation that reference in that rule to resolutions shall
be deemed as references to motions under rule 266.
36. LIST OF BUSINESS:–
(1) The
Secretary shall prepare a List of Business for a sitting and make a copy
thereof available to every member and any other person entitled under the
Constitution to speak or otherwise take part in the proceedings of the
Assembly.
(2) Save
as otherwise provided by these rules -
(a) the business
for the day shall be transacted in an order in which it appears in the List of
Business;
(b) business not included in the List of Business shall not be
transacted at a sitting without the leave of the Speaker; and
(c) no business requiring notice shall be set down for a day earlier
than the day following the day on which the period of the notice necessary for
that class of business expires.
(3) Unless
the Speaker otherwise directs, not more than fifteen Bills and not more than
five resolutions, excluding any resolution commenced on, and outstanding from,
a previous day, shall be set down in the List of Business for a day allotted
for the disposal of private members’ business.
37. BUSINESS OUTSTANDING AT THE END OF THE
DAY:–
If
the business fixed for any day is not disposed on that day, it shall stand over
until the next day available for such class of business or such other day in
the session as member-in-charge of business may desire:
Provided
that private members’ business so standing over shall have no priority on such
day unless it has been commenced, in such case it shall only have priority over
other private members’ business except the Bills to be introduced.
CHAPTER VII
QUESTIONS
38. TIME OF QUESTIONS:–
(1) Except
as otherwise provided in these rules, the first hour of every sitting, after
the recitation from the Holy Quran and Naat Shareef and the swearing in, of
members, if any, shall be available for asking and answering of questions.
(2) There shall be no question hour on
–
(a) Saturday,
Sunday or a holiday if a sitting of the Assembly is held on such a day;
(b) a day fixed after a general election for making of an oath by
members;
(c) a day fixed for –
(i) the election of the Speaker and the Deputy Speaker;
(ii) the election of the Chief Minister;
(iii) moving, consideration and voting of a resolution for vote of
confidence in the Chief Minister;
(iv) moving, consideration and voting of a resolution of no confidence
in the Speaker, the Deputy Speaker or the Chief Minister;
(v) address by the Governor;
(vi) discussion on the Budget or the Supplementary Budget or for voting
on demands for grants relating to the Budget or the Supplementary Budget; and
(vii) consideration
and passage of the Finance Bill.
39. 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:
Provided
that if the consent of the Minister is not received within seven days from the
receipt of the communication, the Speaker may admit a short notice question if
he is satisfied that it is a matter of urgent public importance.
40. SHORT NOTICE QUESTIONS:–
Questions at
a short notice, shall ordinarily be answered at the commencement of the
question hour:
Provided that –
(i) a member shall
not ask more than one short notice question in a sitting; and
(ii) a short notice question shall not be asked to anticipate a
question of which notice has already been given.
41. FORM
OF NOTICE OF QUESTION:–
(1) A
separate notice of every question shall be given in writing to the Secretary
and shall specify the official designation of the Minister to whom it is
addressed.
(2) A member, who desires to ask a starred question, shall distinguish it
with an asterisk.
(3) 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 of
Unstarred Questions.
42. 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 shall relate to the public affairs with which
he is officially connected, or to a matter of administration for which he is
responsible.
(3)
The questions relating to a Department for which there is no Minister shall be
addressed to the Minister for Law and Parliamentary Affairs.
43. ADMISSIBILITY OF QUESTIONS:–
In order that a question
may be admissible, it must satisfy the following conditions, namely:-
(a) it shall not contain any name or
statement unless it is necessary to make it intelligible;
(b) if it contains a statement, the member shall make himself
responsible for the accuracy of the statement;
(c) it shall not contain arguments, inferences, ironical expressions,
imputations, epithets or defamatory statements;
(d) it shall not seek an expression of opinion or any matter or
solution of an abstract legal question or a hypothetical proposition;
(e) it shall neither refer to the character or conduct of any person
except in his official or public capacity nor to the character or conduct which
can be challenged only on a substantive motion;
(f) it shall not be of excessive length;
(g) it shall not relate to a matter which is not primarily the concern
of the Government;
(h) it shall not ask for information on any matter under the control
of bodies or persons not primarily responsible to the Government, except where
the Government has financial interests in such bodies or persons;
(i) it shall not ask for information on matters
under the consideration of a Committee, nor shall it ask about the proceedings
of the Committee, unless such proceedings have been placed before the Assembly
by a report of the Committee;
(j) it shall not make or imply a charge of a personal character;
(k) it shall not raise questions of policy too
large to be dealt within the limits of an answer to a question;
(l) it shall not
repeat in substance questions admitted for the same session or
already answered or disallowed by the Speaker or to which an answer was refused
in the Assembly during the last two sessions;
(m) it shall not be trivial, vexatious, vague or meaningless;
(n) it shall not ask for information contained in documents easily
accessible to the public or in ordinary works of reference;
(o) it shall not contain references to newspapers by name and shall
not ask whether statements in the Press or by private individuals or by
non-official bodies are accurate;
(p) it shall not ask for information regarding Cabinet discussions or
any advice given to the Governor, or in relation to any matter in respect of
which there is constitutional or statutory obligation not to disclose
information;
(q) it shall not –
(i) contain any reflection on the conduct of the Governor or a Judge
of the Supreme Court or of a High Court;
(ii) contain any criticism of the decisions of the
Assembly;
(iii) ordinarily ask for information or matter of past history;
(iv) seek
information about matters which are in their nature secret or sensitive;
(v) contain any reflection on a decision of a
court of law or statutory tribunal established in
(vi) relate to a matter which is sub-judice; and
(vii) refer discourteously to a foreign country.
44. SPEAKER
TO DECIDE ADMISSIBILITY OF QUESTIONS:–
The Speaker shall decide 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.
45. NOTICE OF ADMISSION OF QUESTIONS:–
A question shall not be
included in the List of Questions for answer before expiry of ten days from the
day when, after its admission by the Speaker, it was brought to the notice of
the Minister.
46. ALLOTMENT
OF DAYS FOR QUESTIONS:–
The time for answering
questions shall be allotted in rotation on different days for the answering of
questions relating to such Department or Departments of the Government as the
Speaker may, from time to time, specify and on such day only questions relating
to the Department or Departments for which time on that day has been allotted,
shall be placed on the List of Questions for answers.
47. NUMBER OF QUESTIONS FOR A SITTING:–
(1) Not more than three starred questions including
short notice questions and three unstarred questions from the same member shall
be placed on the List of Questions for a sitting:
Provided that nothing in this rule shall apply
to a question postponed or transferred from an earlier date or
to another department.
(2) Not more than thirty-five starred
questions shall be placed on the List of Questions for a sitting and the
remaining questions mature for answers, if any, shall be taken over to the next
day allotted for the Department concerned.
(3) The questions shall be placed 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 said List, withdraw his question.
48. 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 the commencement of the question hour on the day on which the
questions are set down in the List, shall be entered along with it, and shall
be called in order in which they stand in the List unless the Speaker changes
that order with the leave of the Assembly.
49. DELAY AS TO ANSWERS:–
(1) If
the Minister or the Parliamentary Secretary concerned is not ready with the
answer to a question or if the answer to a question has not been received
within the time prescribed in sub-rule (1), the Minister or the Parliamentary
Secretary concerned shall state, in the House, the reasons therefor.
(2) If
the Speaker is satisfied that it was beyond the control of the Minister or the
Parliamentary Secretary concerned to have been ready with the answer, the
question shall be put for answer on the next day allotted for that Department.
(3)
The Speaker may direct that the Minister concerned shall enquire into the
matter and report the result of the inquiry, including the action taken, if
any, to the House on the next day allotted for that Department.
50. MODE
OF ASKING QUESTIONS AND ANSWERING:–
(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 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.
(4) The
questions shall be answered by the Minister or the Parliamentary Secretary
concerned.
51. SUPPLEMENTARY QUESTIONS:–
When a starred 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 a supplementary
question which, in his opinion, either infringes any provision of these rules
relating to the subject matter and admissibility of questions or is otherwise
an abuse of the right of asking questions.
Provided that a Member who
has given the notice of a question may ask three supplementary questions and not
more than five supplementary questions, in respect of that question be asked by
rest of the Members
52. WRITTEN ANSWERS TO QUESTIONS 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 by the
Minister or the Parliamentary Secretary concerned or the member to whom the question is addressed and no
oral answer shall be required for such a question nor shall any supplementary
question be asked in respect thereof.
53. PROHIBITION OF DISCUSSION ON
QUESTIONS OR ANSWERS:–
There shall be no discussion on any question or
answer except as provided by rule 56.
54. QUESTIONS
RELATING TO THE SECRETARIAT OF THE ASSEMBLY:–
Questions relating to the
Secretariat of the Assembly may be asked by addressing a communication to the
Speaker and not otherwise.
55. 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.
56. DISCUSSION
ON A MATTER OF PUBLIC IMPORTANCE ARISING OUT OF ANSWER TO A QUESTION.–
(1) On
every Wednesday, the Speaker may, on two clear days notice being given by a
member, allot one hour for discussion on a matter of sufficient
public importance which has been the subject of a question during the last
week, starred or unstarred:
Provided
that the Speaker may extend the time of sitting for that day by an hour.
(2) Such
notices shall be considered by the Speaker in the order in which they have been
received, and when one such notice is admitted all other notices shall lapse.
(3) The
Speaker shall decide whether the matter is of sufficient public importance to
be put down for discussion, but he may not admit a notice which, in his
opinion, seeks to revise the policy of the Government.
(4) There shall be neither voting nor any
formal motion in the course of or at the conclusion of such discussion.
CHAPTER-VIII
LEAVE OF
ABSENCE, RESIGNATION, DEATH
AND UNSEATING OF MEMBERS
57. LEAVE OF ABSENCE FROM A SITTING:–
(1) A member desirous of obtaining leave of absence
from a sitting may make an application in writing addressed to the Speaker,
stating therein reasons for his absence.
(2)
After the question hour but before the List of Business for the
sitting is entered upon, the Secretary shall read out the application to
the Assembly and the Speaker shall thereafter put the question without
debate, that leave be granted.
(3) Where a member is prevented or incapacitated
from making such an application, leave of the Assembly may be granted on an
application made by any other member on his behalf.
(4)
The Secretary shall, as soon as possible, communicate
the decision of the Assembly to the member concerned.
(5) If a member who has been granted leave
of absence under these rules, attends the session of the Assembly during the
period of which leave of absence has been granted to him, the unexpired portion
of the leave from the date of his resumed attendance shall lapse.
58. RESIGNATION
OF SEAT:–
(1) A
member may, by writing under his hand addressed to the Speaker, resign his
seat.
(2) If,–
(a) a
member hands over the letter of resignation to the Speaker personally and
informs him that the resignation is voluntary and genuine and the Speaker has
no information or knowledge to the contrary; or
(b) the Speaker receives the letter of resignation by
any other means and he, after such inquiry as he thinks fit, either himself or
through the Assembly Secretariat or through any other agency, is satisfied that
the resignation is voluntary and genuine,–
The Speaker shall inform the
Assembly of the resignation:
Provided that if a member resigns his seat, when
the Assembly is not in session, the Speaker shall direct that intimation of his
resignation specifying the date of the resignation be given to every member
immediately.
(3) The Secretary shall, after the Speaker
satisfies himself that the letter of resignation is voluntary and genuine,
cause to be published in the Gazette a notification to the effect that the
member has resigned his seat and forward a copy of the notification to the
Chief Election Commissioner for taking steps to fill the vacancy thus caused.
(4) The date of resignation of a member
shall be the date specified in writing by which he has resigned or if no date
is specified therein the date of receipt of such writing by the Speaker.
59. SEAT BECOMING VACANT:–
(1) If
a member has been absent without leave of the Assembly for forty consecutive
days of its sittings, the Speaker shall bring the fact to the notice of the
Assembly and thereupon any member may move that the seat of the member who has
been so absent be declared vacant under clause (2) of Article 64.
(2) On consideration of the motion moved
under sub-rule (1), the Assembly may defer, reject or accept the motion and if
the motion is accepted, the seat of the member shall be declared vacant:
Provided that no such motion shall be considered before the expiry of seven
days from the date on which the motion was moved.
(3) If the seat of the member is declared
vacant, the Secretary shall cause a notification to that effect to be published
in the Gazette and forward a copy of the notification to the Chief Election
Commissioner for taking steps to fill the vacancy thus caused.
60. UNSEATING,
DISQUALIFICATION AND DEATH OF A MEMBER.–
(1) If
any member is unseated as a result of an election dispute under Article 225 or
becomes disqualified from being a member under Article 63, the Chief Election
Commissioner shall immediately intimate the fact to the Speaker stating the
date on which he has been unseated, or as the case may be, disqualified from
being a member and on receipt of such intimation, the Speaker shall, as soon as
may be, inform the Assembly that such member has been unseated or disqualified
by the Chief Election Commissioner:
Provided that if the Assembly
is not in session, the Speaker shall direct that the aforesaid information be
given to the members immediately.
(2) In case of the death of a member, the
Deputy Commissioner or District Coordination Officer, as the case may be, shall
immediately inform the Speaker and the Secretary shall, as soon as may be,
after the Speaker has received intimation of the death of a member, cause to be
published in the Gazette a notification stating the name of the member who has
died and the date of his death and also forward a copy to the Chief Election
Commissioner for taking steps to fill the vacant seat.
61. ATTENDANCE REGISTER:–
The Secretary shall cause a register or an
attendance sheet to be kept showing the attendance of each member at each
sitting and the register shall be available for inspection by the members.
CHAPTER IX
GOVERNOR’S ADDRESS
62. GOVERNOR’S ADDRESS:–
The Governor may address the
Assembly and may for that purpose require the attendance of the members by
sending an intimation to this effect to the Speaker or, in his absence, to the
Secretary.
63. INCLUSION OF GOVERNOR’S ADDRESS
IN THE LIST OF BUSINESS:–
On receipt of intimation mentioned in rule 62,
the Speaker or, in his absence, the Secretary shall cause the item “Address by
the Governor” to be included in the List of Business for a date and time to be
arranged in consultation with the Governor.
64. INTIMATION
TO MEMBERS ABOUT GOVERNOR’S ADDRESS:–
The Secretary shall intimate to the members the
time and the date on which the Governor has required the attendance of the
members for his address.
CHAPTER X
CALL ATTENTION
65. PROCEDURE REGARDING CALLING ATTENTION:–
(1) A
member may, with the consent of the Speaker, call the attention of the concerned
Minister to any matter involving the law and order situation in the Province,
through a ‘Call Attention Notice’.
Explanation: ‘Call Attention Notice’ means a
notice by which a special question of public importance may be raised.
(2) The ‘Call Attention Notice’ shall be in
the form of a question addressed to the concerned Minister and shall be given
in writing to the Secretary not less than forty-eight hours before the
commencement of the sitting on the day on which it is proposed to be fixed.
66. ADMISSIBILITY:–
(1) A
question under rule 65 shall not be admissible unless–
(a) it relates to a definite matter of recent and urgent public
importance; and
(b) it satisfies the conditions mentioned in rule 43.
(2) A member shall not ask more than one such question
in a sitting.
67. TIME OF
CALLING ATTENTION:–
(1) The
notice shall be included in the List of Business on Monday, Wednesday, Thursday
and Friday in such order as may be determined by the Speaker, in view of the
public importance of the question raised thereby.
(2) The time for asking and answering such
questions shall be thirty minutes immediately after the question hour.
(3) Not
more than five such questions shall be included in the List of Business for a
sitting.
(4) The Speaker may change the day or
the time or both for asking a question.
(5) A call attention shall not be asked on
the days mentioned in sub-rule (2) of rule 38.
(6) Balloting
will be held to select a maximum of five Call Attentions which have been
admitted by the Speaker for inclusion in business on the days as given below:-
|
Balloting |
Inclusion
in the List of Business |
|
Monday |
Wednesday |
|
Tuesday |
Thursday |
|
Wednesday |
Friday |
|
Friday |
Monday |
(7) The
time for balloting shall be held in the office of the Secretary, at 3:00 p.m.,
or as announced by the Speaker in the House.
Provided
that any Call Attention submitted within time which comes in ballot but is not
taken up by the Assembly in the allotted time, shall be included in the ballot
for the next day.
68. MODE OF RAISING THE QUESTION:–
Upon being
asked by the Speaker, the member concerned may raise the question and the
Minister concerned may answer thequestion on
the same day or on any other day fixed by the Speaker.
69. RESTRICTION
ON DEBATE:–
(1) There
shall be no debate on such questions or answers.
(2) The member moving the call
attention shall not have a right of reply and no other member except the member
moving the call attention shall be allowed to speak on a call attention.
70. NOTICES TO
LAPSE:–
All notices of call attention
which are not included in the List of Business on a day immediately
following the said notice shall lapse, and notices which, although brought on
the agenda, are not disposed of because of expiry of time fixed for the purpose
shall also lapse:
Provided
that the call attention brought on the List of Business for which the Speaker
fixes another day, either himself or on the request of the Minister concerned,
shall not lapse.
CHAPTER XI
PRIVILEGES
71. 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.
72. NOTICE OF QUESTION OF PRIVILEGE:–
(1) A
member wishing to raise a question of privilege shall give notice in writing to
the Secretary not less than one hour before the commencement of the sitting on
the day the question is proposed to be raised.
(2) If
the question raised is based on a document, the notice shall be accompanied by
the document.
(3) 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 question hour.
73. CONDITIONS OF ADMISSIBILITY OF QUESTION
OF PRIVILEGE:–
(1) The
right to raise a question of privilege shall be governed by the following
conditions; namely–
(a) the question shall relate to a privilege granted by the
Constitution, the law or the rules made under any law;
(b) not more than
one question shall be raised by the same member at the same sitting;
(c) the question
shall relate to a specified matter and shall be raised at the earliest
opportunity;
(d) the matter
shall be such as requires the intervention of the Assembly;
(e) the question
shall not reflect on the personal conduct of the Governor;
(f) the matter relating to
the question shall adversely affect the member in performance of his duties as
the member or enjoyment of any right or privilege admissible to him under any
law for the time being in force;
(g) the subject
matter of the question is substantially not the same as that of any adjournment
or privilege motion that has been moved, discussed or disposed of during the same
Session;
(h) the subject
matter of the question is neither frivolous nor vexatious nor is of such nature
that it will unduly waste the time of the Assembly; and
(i) the
subject matter of the question is not sub-judice.
(2) The
Speaker shall have the power to disallow, either in Chamber or in the
Assembly any question of privilege to be raised, if he is of the opinion that
it is hit by any one or more of the clauses (f), (g), (h) and (i) of sub rule
(1).
74. MODE
OF RAISING A QUESTION OF PRIVILEGE:–
(1) After
disposal of question hour, call attention, leave application under rule 57 if
any, the member on being called upon by the Speaker shall, raise a question of
privilege and make a short statement relevant thereto.
(2) Where
a member is allowed to raise a question of privilege during the course of a
sitting under the sub-rule (3) of rule 72, he shall raise the question
immediately on his being allowed to do so, or at such other time as
the Speaker may direct.
(3) A Minister or the Parliamentary
Secretary concerned shall have a right to reply.
75. PRECEDENCE OF QUESTION OF
PRIVILEGE:–
A question of privilege
shall have precedence over adjournment motions.
76. CONSIDERATION
BY THE ASSEMBLY OR REFERENCE TO THE COMMITTEE:–
If the Speaker holds
the privilege 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 to the Committee on Rules of
Procedure and Privileges.
77. REFERENCE BY THE SPEAKER:–
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.
78. EXAMINATION OF THE QUESTION BY THE COMMITTEE:–
The Committee shall, examine every question of
privilege referred to it, determined as to the nature of breach and the
circumstances leading to it, and make such recommendations as it may deem fit.
79. REPORT OF THE COMMITTEE:–
(1) The
Committee shall meet as soon as may be after a question of privilege has been
referred to it, and from time to time thereafter until a report is made within
the time fixed by the Assembly for the presentation of the report, it shall, if
the Assembly is in session be presented to the Assembly within one month of the
date on which reference to the Committee was made, or if the Assembly is not in
session, at the commencement of its next session;
(2) The report of the Committee shall be, either
preliminary or final;
(3) The
report of the Committee shall be signed by the Chairman or in his or her
absence by any other Member authorized by the Committee;
(4) The report of the Committee shall be presented by
the Chairman or in his or her absence by any other Member of the Committee on a
day to be appointed by the Speaker;
(5) After the report has been presented, any Member
may move, that the report be taken into consideration, whereupon, the Speaker
may put the question to the Assembly;
Provided that any Member may move that the
report be returned to the Committee for examination of point or
points left out by the Committee.
80. CONSIDERATION OF THE REPORT OF
THE COMMITTEE:–
(1) After
the report has been presented, a member may move that the report be taken into
consideration whereupon the Speaker may put the question to the Assembly.
(2) A member may move an amendment that the matter
be recommitted to the Committee for examination of a point or points which may
have been left out of consideration by the Committee.
(3) The Assembly may agree with the report,
with or without amendments, or may disagree with it and may itself decide the
question of privilege.
81. PRIORITY
FOR CONSIDERATION OF THE REPORT OF THE COMMITTEE:–
A privilege motion for
consideration of report of the Committee shall be assigned the same priority as
that of the question of privilege.
82. ARREST AND PRODUCTION OF A MEMBER:–
(1) 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.
Provided that no member shall be arrested or a
notice of arrest shall be served on him within the precincts of the Assembly
(2) The
Speaker or Chairman of a Committee may summon a member in custody to attend the
sitting(s) of the Assembly or meeting(s) of a Committee of which he is a
member, if he considers his presence necessary.
(3) On
a production order signed by the Secretary or by any other officer authorized
in this behalf, addressed to the Government or the Authority where the member
is held in the custody, the Government or such Authority
shall cause the member in custody 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 Government or other Authority, as
the case may be.
83. INTIMATION TO THE SPEAKER ON
RELEASE OF MEMBERS:–
When a member is released on bail before or
after conviction or is otherwise released, such fact shall be intimated to the
Speaker by the authority concerned in the appropriate form set out in the
Fourth Schedule.
84. INTIMATION
AND COMMUNICATIONS RECEIVED FROM MAGISTRATES, ETC:–
As soon as may be, after the Speaker
has received a communication referred to in rule 82 or rule 83, he shall read
it out in the Assembly if it is in session or, if the Assembly is not in
session, direct that it may be circulated for the information of the
members.
CHAPTER XII
ADJOURNMENT MOTIONS
85. 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.
86. NOTICE OF A MOTION:–
The notice of a motion under rule 85, explaining
the matter proposed to be discussed, shall be given in writing, in triplicate,
to the Secretary not less than one hour before the commencement of the sitting
in which the motion is proposed to be moved and the Secretary shall thereupon
bring the notice to the knowledge of the Speaker, the Leader of the House, the
Minister for Law and Parliamentary Affairs and the Minister concerned.
87. RESTRICTIONS
ON RIGHT TO MAKE ADJOURNMENT MOTION:–
Notwithstanding anything contained in these
rules, not more than one such motion shall be admitted on any one day however
motions, if any, having remained unconsidered 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.
88. 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 matter;
(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 a statutory body under the control of the Government or to a
matter in which the Government have a 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
deal with a matter in respect of which a resolution could not be moved;
(j) it shall not
relate to a 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
raise discussion which is detrimental to the public interest;
(n) it shall not
deal with any matter which is sub-judice; and
(o) it shall not
be moved on a day –
(i) fixed for general discussion of the
Budget or the Supplementary
Budget;
(ii) fixed for
consideration or passage of the Finance Bill;
(iii) fixed after general election for making of oath by members
generally;
(iv) fixed for the election of the Speaker and
the Deputy Speaker;
(v) fixed for moving of a resolution for vote of confidence in the
Chief Minister;
(vi) fixed for the election of the Chief Minister;
(vii) fixed for
moving or consideration and voting of a resolution of no-confidence in the
Speaker, the Deputy Speaker and the Chief Minister; and
(viii) fixed for address by the Governor.
89. ASKING LEAVE FOR A MOTION:–
The leave to make a motion for adjournment shall
be asked for, only by the member who has given notice thereof after questions
hour and privilege motions, if any, and before the List of Business is entered
upon.
90. PROCEDURE:–
(1) If the Speaker is of the opinion that the matter
proposed to be discussed is in order, he shall read the statement to the
Assembly and ask whether the member has the leave of the Assembly to make the
adjournment motion and if objection is taken, he shall request such of the
members as may be in favour of leave being granted to rise in their seats.
(2) If
members less than one-fifth of the total membership of the Assembly rise in
their seats, the Speaker shall inform the member that he has not the leave of
the Assembly.
(3) If members not less than
one-fifth of the total membership of the Assembly so rise, the Speaker shall
announce that leave is granted and the motion shall be taken up for discussion
in the same session as last item for not more than two hours on such
day, as soon as possible, within three days after the leave is granted, as the
Speaker may fix:
Provided that the Speaker may on his own or on a
motion made by a member extend the sitting of the Assembly on such day by two
hours.
91. TIME LIMIT FOR DETERMINATION OF
ADMISSIBILITY:–
In a
sitting, the aggregate time for the asking of leave under rule 89 and the
granting or withholding of leave under rule 90, shall not exceed half an hour.
92. LIMITATION OF TIME OF DISCUSSION:–
On an adjournment motion being moved, the Speaker shall put the question
“that the Assembly do now adjourn”, but no such question shall be put after the
time for the discussion of the motion has expired.
93. TIME LIMIT FOR SPEECHES:–
(1) A speech
during the debate on a motion for adjournment shall not exceed ten minutes in
duration:
Provided that the mover and the Minister or Parliamentary Secretary
concerned may speak for twenty minutes each.
(2) After the matter has been
discussed, the contents of the debated adjournment motion shall be forwarded to
the Cabinet for consideration, through a substantive motion.
CHAPTER XIII
LEGISLATION
PART-I – INTRODUCTION OF BILLS
A – PRIVATE MEMBERS’ BILLS
94. NOTICE OF PRIVATE MEMBERS’ BILLS:–
(1) Subject
to sub-rule (2), a private member may move for leave to introduce a Bill after
giving to the Secretary fifteen days written notice of his intention to do so.
(2) The
Speaker may admit a Bill at a shorter notice.
(3) The notice shall be accompanied by a copy of the
Bill together with a statement of objects and reasons, signed by the member and
if the Bill is a Bill that, under the Constitution, requires consent of the
Government for its introduction, the notice shall also be accompanied by a
request that such consent may be obtained.
(4) If
a Bill is accompanied by a request under sub-rule (3), the Secretary shall
cause a copy of the Bill to be transmitted to the Department concerned for
obtaining orders of the Government thereon, and shall, on receipt of such
orders, communicate the same to the member concerned.
(5) If
a question arises whether or not a Bill or an amendment of a Bill requires the
consent of the Government, the question shall be decided by the Speaker and his
decision shall be final.
(6) The
Speaker may disallow a Bill, if in his opinion it cannot be introduced in the
Assembly or is otherwise not in order.
95. INTRODUCTION
OF PRIVATE MEMBERS’ BILLS:–
(1) Motions
for leave to introduce private members’ Bills, which have been admitted by the
Speaker, shall be set down in the List of Business for a day meant for private
members’ business.
(2) A
motion for leave to introduce a private member’s Bill shall not be made if a
similar Bill of another private member has been introduced and is pending
decision by the Assembly or if a motion for leave to introduce a similar Bill
has been refused in the same session.
(3) If
a motion for leave to introduce a private member’s 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.
(4) 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.
B – GOVERNMENT BILLS
96. NOTICE OF GOVERNMENT BILLS:–
(1) A
Minister may introduce a Bill after giving to the Secretary 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.
(3) The
introduction of a Bill, other than the Bill which stands introduced under
clause (3) of Article 128 of the Constitution, shall ordinarily be included in
the List of Business for a day meant for Government business.
(4) When
the item is called, the member-in-charge shall move to introduce the Bill and
on the motion being made, the Bill shall stand introduced.
(5) An Ordinance laid before the Assembly under clause (2) of Article 128 of
the Constitution shall be deemed to be a Bill introduced in the Assembly on the
day it is so laid.
(6) A statement of objects and
reasons shall not be required for a Bill which stands introduced under clause
(3) of Article 128 of the Constitution.
(7) The
Secretary shall make such adaptations in an Ordinance as are necessary to
convert it into a Bill and shall, unless otherwise required by the member-in-charge,
include in the Ordinance so adapted, a clause repealing the Ordinance.
97. BILLS
RECEIVED FROM PARLIAMENT:–
(1) When
a Bill passed by the Parliament for the amendment of the Constitution is
received by the Assembly, the Secretary shall circulate the Bill to the members
and shall also forward its copies to the Minister for Law and Parliamentary
Affairs and the Minister-in-charge of the Bill.
(2) A
Minister or a member may give notice to the Secretary for placing a Bill
mentioned in sub-rule (1) on the List of Business of the Assembly and the
Secretary shall, as soon as may be, place it on the List of Business.
(3) On
the day fixed for consideration of the Bill, the Minister or the member concerned
shall move that the Bill may be taken into consideration at once.
(4) After reconsideration or
consideration, as the case may be, a motion shall be put before the House, by
the Speaker, that the Bill be passed.
(5) The
Secretary shall communicate the decision of the Assembly to the National
Assembly and the Senate.
PART II – PUBLICATION OF BILLS
98. PUBLICATION
OF BILLS:–
(1) Subject to sub-rules (2)
and (3), the Secretary shall cause the Bill that has been introduced to be
published in the Gazette as early as possible.
(2) It
shall not be necessary to publish in the Gazette the Bill which stands
introduced under clause (3) of Article 128 of the Constitution.
(3) The
Speaker may order the publication in the Gazette of any Bill, together with the
statement of objects and reasons accompanying it, before its introduction and
if it is so published, it will not be necessary to publish it again after its
introduction.
PART III – CONSIDERATION OF BILLS
99. REFERENCE
OF BILLS TO STANDING COMMITTEES:–
Upon introduction, a Bill
other than a Finance Bill, shall be referred by the Speaker to the appropriate
Standing Committee with directions to submit its report by a date fixed by him
in this behalf:
Provided that the
member-in-charge may move that the requirements of this rule may be dispensed
with, and if the motion is carried, the provisions of rule 100 shall apply to
the Bill as if the report of the Standing Committee on the Bill were presented
on the day on which the motion is carried but it shall not be necessary again
to supply copies of such Bills to the members.
Explanation: In this
sub-rule, ‘Finance Bill’ means the Bill introduced each year to give effect to
the financial proposals of the 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.
100. TIME OF CONSIDERATION OF BILLS:–
(1) After
the report of the Standing Committee on the Bill has been presented to the
House or the report is deemed to have been presented as a result of suspension
of the requirement of rule 99, the Secretary shall –
(a) cause the
copies of the Bill as introduced, together with modifications, if any,
recommended by the Standing Committee, to be supplied to each member, as soon
as may be, after the receipt of the report; and
(b) shall set down the Bill on the List
of Business for a day meant for Government business or on a day meant for
private members’ business, as the case may be, if the notice of a motion under
rule 101 has been received.
(2) If
a Standing Committee does not make a report or an interim report within the
prescribed time in respect of a Bill, the Secretary shall, as soon as may be,
intimate the fact to the members.
(3) The
day on which a motion under rule 101 has been included in the List of Business
shall be such that at least three clear days shall intervene between the issue
of copies of the Bill to members and the consideration of a
motion under rule 101.
101. MOTIONS
TO BE MADE BY MEMBER-IN-CHARGE:–
On the day appointed under
rule 100 or on 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.
102. BILLS REPUGNANT TO THE INJUNCTIONS OF
ISLAM:–
(1) After a motion under rule 101 has been made and before the discussion of
the principles of a Bill starts, a member may move that the Bill be referred to
the Council of Islamic Ideology for advice whether or not the Bill or any part
thereof is repugnant to the injunctions of Islam and if two-fifths of the total
membership of the Assembly support and vote for the motion, the question shall
be referred to the Council of Islamic Ideology for advice.
(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 by a Minister
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) The member who was
incharge of the Bill before it became a law, may give notice of a motion for
reconsideration of the law so made and may also propose amendments to bring the
law in conformity with the advice of the Council of Islamic Ideology or to make
it in accordance with the Injunctions of Islam.
(5) If
no notice is given by the member-in-charge in accordance with sub-rule (4)
within thirty days of the circulation of the advice, any member may give such a
notice along with the proposed amendments.
(6) After the expiry of
seven days in the case of notice under sub-rule (4) and fifteen days in the
case of notice under sub-rule (5), the motion shall be included in the List of
Business for a day meant for Government business or for a day meant for private
members’ business, as the case may be, and the law shall be reconsidered as if
it was a Bill in respect of which a motion that the Bill be taken into
consideration at once has been carried.
(7) Nothing
in this rule shall prevent the member-in-charge from giving notice of a fresh
Bill seeking to replace the law so made.
103. DISCUSSION ON
PRINCIPLES OF BILLS:–
(1) On the day on which any of the motions referred to in rule 101 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–
(a) if the member-in-charge moves that the Bill be taken into
consideration, any member may move an amendment that the Bill be referred to a
Select Committee or be circulated for the purpose of eliciting opinion thereon
by a date to be specified in the motion; or
(b) if the
member-in-charge moves that the Bill be referred to a Select Committee, any
member may move an amendment that the 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 wishes to proceed with the Bill
thereafter, move that the Bill be referred to the Standing Committee concerned
or to a Select Committee or that it be taken into consideration.
104. PERSON BY WHOM MOTIONS IN RESPECT OF BILLS
MAY BE MADE:–
A motion that the Bill be taken into
consideration shall not be made by any member other than the member-in-charge
of the Bill and a motion that the Bill be referred to a Select Committee or be
circulated for the purpose of eliciting opinion thereon shall not 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.
105. 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 Committee, move–
(a) that the
Bill, as reported by the 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 the Select Committee to make some particular or additional
provisions in the Bill; or
(iv) that the Bill as reported by the Select Committee be circulated or
re-circulated for the purpose of eliciting opinion or further opinion thereon.
(2) If
the member-in-charge moves that the Bill be taken into consideration under
paragraph (a) of sub-rule (1), a 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 to members at least three 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 upon by the Select
Committee, be taken into consideration, any member may move an amendment that
the Bill be referred to the same Committee again or be circulated or
re-circulated for the purpose of eliciting opinion or further opinion thereon.
106. CONSIDERATION
OF A BILL CLAUSE BY CLAUSE:–
Notwithstanding anything in these rules, the
Speaker may, on 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, and 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”.
107. POSTPONEMENT
OF CLAUSE:–
The Speaker may, if he
thinks fit, postpone the consideration of a clause.
108. 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”.
109. 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”.
110. AMENDMENTS:–
(1) When
a motion that the Bill be taken into consideration has been carried, any member
may propose such amendment to the Bill as is within the scope of, and relevant
to, the subject matter of the Bill.
(2) If
a notice of a proposed amendment has not been given two clear days before the
day on which the Bill, the relevant clause or the Schedule is to be considered,
any member may object to the moving of the amendment and such objection shall
prevail unless the Speaker allows the amendment to be moved.
(3) If the amendment is an amendment which, under the
Constitution, requires the consent of the Government before it is moved, the
notice shall be accompanied by a request that such consent may be obtained and
the Secretary shall cause a copy of the amendment to be transmitted to the
Department concerned for obtaining orders of the Government thereon and shall,
on receipt of such orders from that Department, communicate the same to the
member concerned.
(4) If
a question arises whether or not an amendment requires the consent of the
Government, the question shall be decided by the Speaker and his decision shall
be final.
(5) The
Secretary shall, as far as practicable, cause a list of the amendments of which
notices have been received to be made available to every member.
111. CONDITIONS
OF ADMISSIBILITY OF AMENDMENTS:–
The following conditions shall govern the
admissibility of amendments–
(a) an amendment
shall be within the scope of the Bill and relevant to the subject matter of the
clause to which it relates;
(b) an amendment
shall not be inconsistent with any previous decision of the Assembly on the
same question;
(c) an amendment
shall not be such as to make the clause which
it proposes to amend unintelligible or ungrammatical;
(d) 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;
(e) the Speaker
shall determine the place at which an amendment shall be moved;
(f) the Speaker may refuse a proposal for an amendment which, in his
opinion, is frivolous or meaningless;
(g) an amendment
may be moved to an amendment which has already been proposed by the Speaker;
(h) an amendment
shall not be moved which has merely the effect of a negative vote;
and
(i) in respect
of any amendment of the bill under consideration of the Assembly, the Speaker
shall have the power to select one of the several identical or substantially
identical amendments to be proposed.
112. ORDERS OF AMENDMENTS:–
(1) Amendments
shall 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 does stand part of the Bill”.
(2) An amendment shall be
moved by the member who has given its notice.
113. 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.
PART IV – PASSING OF BILLS
114. PASSING OF BILLS:–
(1) When
a motion that a Bill be taken into consideration has been carried and the Bill
has been considered clause by clause, the member-in-charge may at once move
that the Bill be passed.
(2) If
amendments have been made in a Bill (other than the Finance Bill), the Speaker,
of his own motion or on a motion made by a member, may direct that the Bill be
examined with a view to reporting what amendments of a formal or consequentialcharacter should be made in the Bill as a matter of drafting by a
Drafting Committee to be appointed by the Assembly and the report of the
Committee shall be presented within such period not exceeding seven days as the
Speaker may direct.
(3) When
the report referred to in sub-rule (2) has been presented and the decision of
the Assembly on the consequential amendments proposed has been made or if the
Bill has not been referred to the Drafting Committee, the member-in-charge may
at once move that the Bill be passed.
(4) When a motion that the Bill be passed has been made, the general
provisions of the Bill may be discussed but only with reference to the
amendments, if any, made in the Bill.
115. WITHDRAWAL OF BILLS:–
The member-in-charge of a Bill may, at any stage
of the Bill, move for leave to withdraw the Bill, and if such leave is granted,
the Bill shall stand withdrawn and no further motion shall be made with
reference to the Bill.
116. ASSENT BY GOVERNOR:–
When a Bill is passed by
the Assembly, an authenticated copy thereof signed by the Speaker and, in the
case of a Money Bill, along with a certificate signed by him under clause (5)
of Article 115 of the Constitution, shall be transmitted to the Governor by the
Secretary for action under Article 116 of the Constitution.
117. BILLS
RETURNED BY GOVERNOR:–
(1) When
a Bill passed by the Assembly is returned by the Governor to the Assembly with
a message requesting that the Bill, or any specified provision thereof, be
reconsidered or that any amendment specified in the message be considered, the
Secretary shall circulate the message to the members and shall also send an
intimation to that effect to the Minister for Law and Parliamentary Affairs and
to the Minister-in-charge.
(2) The
Minister-in-charge or a member may give notice in writing to the Secretary for
reconsideration of the Bill or any provision thereof or any amendments
suggested therein on the basis of the message.
(3) The
Secretary shall, as soon as may be, include the item of reconsideration or
consideration, as the case may be, in the List of Business.
(4) On
the day on which such a motion is fixed, the Minister-in-charge or the member
concerned shall move that the message may be taken into consideration at once.
(5) When
the Governor has returned a Bill to the Provincial Assembly, it shall be
reconsidered by the Provincial Assembly and, if it is again passed, with or without
amendment, by the Provincial Assembly, by the votes of the majority of the members
of the Provincial Assembly present and voting, it shall be again presented to
the Governor and the Governor shall give his assent within ten days, failing
which such assent shall be deemed to have been given.
118. PUBLICATION:–
When a Bill is assented or is deemed to have been assented to, by the
Governor under Article 116 of the Constitution, the Secretary shall immediately
cause it to be published in the official Gazette as an Act of the Assembly.
CHAPTER XIV
ORDINANCES
119. LAYING OF ORDINANCES:–
Law
Department shall forward to the Secretary of the Provincial
Assembly, the Ordinance(s) to be laid before the Provincial Assembly
which shall be deemed to be a Bill(s) introduced in the Provincial
Assembly and the provisions of these rules, as far as may be, shall apply to
such Bill.
120. RESOLUTION FOR
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 of the House.
(2) A
member may, move a Resolution for disapproval of an Ordinance under sub-clause
(a) of clause (2) of Article 128 of the Constitution, after giving three days
clear notice.
(3) Where
more notices than one under sub-rule (2) are given in respect of the same
Ordinance, the resolutions shall be taken up on the private members’ days in
the order in which their notices have been received.
(4) If
a resolution disapproving is passed, all other resolutions relating to that
Ordinance shall lapse.
(5) When a resolution is passed under sub-rule (4),
the Secretary shall immediately cause it to be published in the Gazette and
also forward a copy of the notification to the Law Department.
121. RESOLUTION
FOR EXTENSION OF ORDINANCES:–
(1) In pursuance of first proviso to sub-paragraph (i)
of paragraph (a) of clause (2) of Article 89 of the Constitution, a member or a
Minister may, after giving three days’ notice, move a resolution for extension
of an Ordinance for a further period of one hundred and twenty days.
(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, and if one of
the resolution is passed, all other resolutions relating thereto shall lapse.
(3) When a resolution is passed, the Secretary shall
immediately cause it to be published in the Gazette and also transmit a copy
thereof to the Governor and Law Department.
122. CERTAIN
PROVISIONS OF CHAPTER XV TO APPLY:–
The provisions of rules 128 and 135 shall apply to resolutions under
this Chapter.
CHAPTER XV
RESOLUTIONS ON MATTERS OF
GENERAL PUBLIC INTEREST
123. RIGHT TO MOVE
RESOLUTION:–
Subject to the provisions
of these rules, a member or a Minister may move a resolution relating to a
matter of general public interest.
124. NOTICE OF RESOLUTION:–
(1) A
private member who wishes to move a resolution shall give seven days’ notice
and shall submit together with the notice a copy of the resolution which he
intends to move.
(2) A
Minister who wishes to move a resolution shall give three days’ notice and
shall submit together with the notice a copy of the resolution which he intends
to move; provided that a resolution shall not be moved on private members’ day.
(3)
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, the Resolution of a Member drawn at first instance
shall have precedence over his other Resolutions.
125. FORM AND CONTENTS OF RESOLUTION:–
The right to move a resolution shall be subject
to condition that the resolution –
(1) shall be in the
form of a declaration of opinion of the Assembly;
(2) shall relate to a matter which concerns Government; provided that
a resolution recommending to a Government, to approach the Federal Government
in a matter which is not a concern of Government shall be admissible;
(3) shall be clearly and precisely expressed and shall raise
substantially one definite issue;
(4) shall neither
contain arguments, inferences, ironical expressions or defamatory statements
nor it shall refer to the conduct or character of a person except in his
official or public capacity;
(5) shall not relate to a matter which is under adjudication by a
Court of law having jurisdiction in any part of
(6) shall not contain a reflection on the conduct of President,
Governor, a Judge of the Supreme Court or a High Court;
(7) shall not raise discussion
on a matter pending before any statutory Tribunal or statutory Authority
performing any judicial or quasi-judicial functions or any commission or court
of enquiry or a matter in respect of which any Minister raises any objection on
the ground that it is detrimental to the public interest.
126. RAISING DISCUSSION ON MATTERS BEFORE TRIBUNALS, COMMISSIONS AND STATUTORY BODIES:–
A resolution which seeks to raise discussion in
respect of a matter 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 shall
not be permitted to be moved.
127. SPEAKER TO DECIDE
ADMISSIBILITY OF RESOLUTION:–
The Speaker may disallow
any resolution or a part thereof if, in his opinion, it does not comply with
these rules, or its discussion is detrimental to the public interest; and the
resolution or any part thereof so disallowed shall not be placed on the List of
Business.
128. MOVING AND WITHDRAWAL OF RESOLUTION:–
(1) The
member may in whose name a resolution stands in the List of Business shall,
when called upon, either -
(a) move the
resolution, in which case he shall commence his speech by formal motion in the
terms appearing in the List of Business; or
(b) decline to
move the resolution, in which case he shall confine himself to a mere statement
to that effect.
(2) A Member may, with the permission of the Speaker,
authorise in writing any other Member to move the resolution on his behalf and
the member so authorised may move it.
129. AMENDMENT OF RESOLUTION:–
After a resolution has been moved, any Member
may, subject to these rules, move an amendment to the resolution.
130. NOTICE OF AMENDMENT:–
(1) If
notice of an amendment has not been given on the day on which the resolution is
to be considered, any Member may object to the moving of the amendment and
thereupon the objection shall sustain, unless the Speaker suspends this
sub-rule and allows the amendment to be moved.
(2) The Secretary shall, if time
permits, cause a copy of each amendment to be made available to every member.
131. WITHDRAWAL
OF RESOLUTION OR AMENDMENT AFTER HAVING BEEN MOVED:–
The member or the
Minister, who has moved a resolution or an amendment to the resolution,
shall not withdraw the resolution or, as the case may be, the amendment except
by leave of the Assembly.
132. EFFECT OF MOTION AND
WITHDRAWAL:–
When a resolution has been moved and the decision of the Assembly is
given on it or when a resolution has been withdrawn, no resolution or amendment
raising substantially the same question, shall be moved in the same session.
133. TIME LIMIT FOR
SPEECHES:–
Save with the permission of
the Speaker, a speech on a resolution shall not exceed ten minutes but the
mover of a resolution, when moving it, and the Minister concerned may speak for
thirty minutes each.
134. 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.
135. VOTING AND TRANSMISSION
OF COPIES:–
(1) On the conclusion of the
discussion, the Speaker shall put the resolution or, as the case may be, the
resolution as amended, for the vote of the Assembly and if passed by the
Assembly, a copy thereof shall be forwarded to the Department concerned or, as
the case may be, to the Federal Government or the National Assembly.
(2) The
Department concerned shall, within a period of one months from the date of
communication of the resolution by the Assembly Secretariat, apprise the
Assembly of the action taken on the resolution.
(3) If the Department concerned fails to apprise the
Assembly within the period as mentioned in sub-rule (2), it shall be deemed to
be a breach of privilege of the motion moved by the Minister or any member, the
matter shall be referred to the Standing Committee on the Rules of Procedure
and Privilege to examine and report.
CHAPTER XVI
RESOLUTIONS MENTIONED IN THE
CONSTITUTION
136. RESOLUTIONS UNDER THE CONSTITUTION:–
(1) A
member may give notice of a motion for leave to move a resolution under para
(a) of clause (2) of Article 128, or under clause (1) of Article 144, or under
proviso to Article 147, or under proviso to clause (2) of Article 212, or underfirst proviso to clause (1) of Article 232 of the
Constitution.
(2) On the first working day after the
expiry of seven days from the said notice, the Secretary shall cause the motion
to be entered in the List of Business.
(3) As soon as the motion referred to
in sub-rule (2) has been moved, the Speaker shall call upon such members as may
be in favour of the leave being granted to rise in their seats, and if members
less than one-fourth of the total membership of the Assembly rise in their
seats, he shall declare that the member has not the leave of the Assembly and
if members not less than the said number so rise he shall call upon the member
to move the resolution.
(4) After a resolution has been moved, it shall be
dealt with, as far as possible, in accordance with the rules contained in
Chapter XV.
(5) If
a resolution under sub-clause (a) of clause (2) of Article 128 of the
Constitution is passed, the Secretary shall cause it to be published in the
Gazette.
(6) If
a resolution under clause (1) of Article 144 or under proviso to clause (2) of
Article 212 of the Constitution is passed, the Secretary shall communicate the
same to the National Assembly and the Senate.
(7) If
a resolution under proviso to Article 147 of the Constitution is passed, the
Secretary shall communicate it to the Government.
(8) If a resolution under first
proviso to clause (1) of Article 232 of the Constitution is passed, the
Secretary shall communicate it to the Federal Government.
CHAPTER XVII
REPORTS TO BE LAID BEFORE THE ASSEMBLY
137. RECOMMENDATIONS
OF NATIONAL FINANCE COMMISSION:–
(1) A
Minister shall lay in the House the recommendations of the National Finance
Commission together with an explanatory memorandum as to the action taken on
the recommendations.
(2) The
Minister for Finance shall, biannually, lay the report in the House regarding
implementation of the Award of the National Finance Commission in terms of
clause (3B) of Article 160 of the Constitution.
138. REPORT OF AUDITOR-GENERAL:–
The annual report of the Auditor-General
relating to the accounts of the Province of the Sindh, when received, shall be
laid in the House by a Minister.
139. REPORT ON OBSERVANCE OF PRINCIPLES OF
POLICY:–
The annual report on the
observance and implementation of the principles of policy in relation to the
affairs of the
140. REPORT OF
THE COUNCIL OF ISLAMIC IDEOLOGY:–
The report of the Council of Islamic Ideology, whether interim or final,
when received, shall be laid in the House by a Minister.
141. OTHER REPORTS:–
Any other report required to be laid in the
House under any law for the time being in force shall be so laid by a Minister.
142. DISCUSSION OF REPORTS:–
(1) After
a report referred to in rules 139, 140 or 141 is laid in the House, 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.
(4) Once a
report has been discussed in the Assembly, no other motion shall lie for its
discussion or further discussion.
CHAPTER XVIII
PRE-BUDGET AND POST BUDGET DISCUSSION
143. PRE-BUDGET
DISCUSSION:–
(1) Notwithstanding
anything contained in these rules, the Minister for Law and Parliamentary
Affairs, in consultation with the Finance Minister, shall include, in the list
of business, the general discussion seeking proposals of the Members
for the next budget in a session of the Assembly which is to be held during the
months of January to March each year.
(2) The
general discussion on budget proposals shall take place for at least five days
during the session.
(3) The Assembly may
recommend the proposals to the Government for the next budget on a resolution
moved by the Finance Minister after the conclusion of the discussion.
144. POST BUDGET
DISCUSSION:–
Notwithstanding anything contained in these rules, the Minister for Law
and Parliamentary Affairs, in consultation with the Finance Minister, shall
include, in the list of business, the general discussion on releases and
utilization of budget, on quarterly basis.
CHAPTER XIX
PROCEDURE IN FINANCIAL MATTERS
145. BUDGET:–
(1) The Budget shall be presented to the
Assembly on such day and at such time as the Chief Minister may appoint.
(2) The Secretary shall cause the day and
time appointed under sub-rule (1) to be notified in the Gazette.
(3) The demand for grant shall be
entertained only if it is certified to have been made on the recommendations of
the Chief Minister.
(4) The Budget shall not be referred to a
Standing Committee or to a Select Committee and no motion in respect thereof
shall be made except as provided in the this Chapter.
146. PRESENTATION
OF THE BUDGET:–
The Budget shall be presented by the Finance Minister or,
in his absence, by any other Minister nominated by the Chief Minister.
147. BUDGET NOT TO BE DISCUSSED ON PRESENTATION:–
There
shall be no discussion on the budget on the day on which it is presented to the
Assembly.
148.
STAGES OF THE BUDGET:–
The
Budget shall be dealt with by the Assembly in the following stages, namely:-
(a) general
discussion on the budget as a whole,
(b) discussion
on expenditure charged upon the Provincial Consolidated Fund; and
(c) discussion
and voting on demands for grants;
149.
ALLOTMENT OF DAYS:–
The
Speaker shall allot days for different stages of the budget referred to in rule
148:
Provided that not less than two days shall intervene
between the day of the presentation of the budget and the first day allotted by
the Speaker for general discussion:
Provided further that not less than five days shall be
allotted for general discussion.
150. GENERAL
DISCUSSION:–
(1) No motion shall be moved nor shall the
budget be submitted to the vote of the Assembly on the day allotted for general
discussion.
(2) The Finance Minister or the Minister
who has presented the budget shall have a general right of reply at the end of
the discussion.
(3) The Speaker may prescribe a time-limit
for speeches.
151. COMPLETION
OF STAGES OF THE BUDGET:–
The
Speaker shall, on the last day of the days allotted for any stage of the
budget, just before the termination of the sitting, put every such question as
is necessary to dispose all the outstanding matters in connection with the
completion of that stage.
152. CUT
MOTIONS:–
A
member may move a cut motion to reduce the amount of a demand in any of the
following ways:-
(a) that the amount of the demand be reduced to Re.1.00
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.100.00
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 the discussion thereon shall be confined to the particular grievance
specified in the motion.
153. NOTICE
OF CUT MOTIONS:–
Unless notice of a motion for reduction in a grant has been
given two clear days before the day on which the demand is to be considered,
any member may object to the moving of the motion and thereupon such objection
shall sustain; provided that the Speaker suspends this rule and allows the
motion to be made.
154.
CUT MOTIONS IN RESPECT OF EXPENDITURE OTHER THAN NEW EXPENDITURE:–
If a
motion under rule 153 is carried, the Speaker shall inform Government in
writing of the fact and Government shall communicate its decision thereupon to
the Speaker for the information of the Assembly.
155. CONDITIONS FOR ADMISSIBILITY OF CUT MOTIONS:–
In
order that a motion under rule 153 may be admissible, it shall not –
(a) to more than one demand;
(b) extend beyond one specific matter which shall be
stated precisely;
(c) contain
arguments, inferences, ironical expressions, imputations,
epithets or defamatory
statements;
(d) make suggestions for the amendment or repeal of all
existing law;
(e) refer to a matter which is not a concern of Government;
(f) relate to a expenditure charged upon the Provincial
Consolidated Fund;
(g) raise a question of privilege;
(h) revive discussion on the matter which has been
discussed in the same session and on which decision has been taken;
(i) relate to a matter which is under adjudication
by a court of law; and
(j) anticipate a matter which has been previously fixed for
consideration in the same session.
156. ADMISSIBILITY
OF CUT MOTIONS:–
The
Speaker shall decide whether a cut motion is admissible under these rules and
may disallow any cut motion if, in his opinion, it is an abuse of the right of
moving cut motions or is calculated to obstruct or prejudicially affect the
procedure of the Assembly or is in contravention of these rules.
157. DISCUSSION
ON CUT MOTIONS:–
(1) A motion under rule 153 shall
ordinarily be considered in order of the heads of the budget.
(2) The
Speaker may put before the Assembly all motions for consideration and voting at
a time.
158. VOTING
ON DEMANDS FOR GRANTS:–
(1) Each demand for grant referred to in
sub-rule (c) of rule 148 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 notices of several cut-motions
relating to the same demand are given, the motions shall be discussed
in the order in which the heads to which they relate appear in the Budget.
(4) On the last day of the days allotted
under rule 149 for the stage referred to in sub-rule (c) of rule 148 at the
time when the sitting 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.
159.
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 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 respects, a motion for vote
on account shall be dealt with in the same way as if it were a 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 Provincial Consolidated
Fund.
160. PROCEDURE FOR DEALING WITH SUPPLEMENTARY AND EXCESS DEMANDS:–
The procedure for
dealing with supplementary estimates of expenditure and excess demands shall,
as far 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 re-appropriation, 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.
Provided that the Speaker may relax
all or any of the provisions of rules 146,147 and 149.
CHAPTER XX
COMMITTEES
A – STANDING COMMITTEES
161. STANDING
COMMITTEES:–
(1) There
shall be a Standing Committee for each Department (s) of Government.
(2) Whenever
there is any change in the composition of Departments or their nomenclature,
the Speaker shall, in consultation with the Minister for Law and Parliamentary
Affairs and the Minister concerned, issue suitable directions in regard to the
reallocation of the existing Standing Committees or, as the case may be, the
modification in their nomenclature and election of the new Standing Committees.
(3) In
addition to the Standing Committees constituted under rules 189, 195,
197, 199 and 201, there shall be elected by the Assembly after a general
election the following Standing Committees for the duration of the Assembly for
the departments noted against each:-
|
S. NO. |
NAME OF
THE COMMITTEE |
DEPARTMENT |
|
1. |
Standing Committee on Agriculture |
Agriculture |
|
2. |
Standing Committee on Industries and Commerce |
Industries
and Commerce |
|
3. |
Standing Committee
on Works & Services |
Works&
Services |
|
4. |
Standing Committee on Cooperatives |
Cooperatives |
|
5. |
Standing Committee on Culture, Tourism and Antiquities |
Culture, Tourism
and Antiquities |
|
6. |
Standing Committee on Higher, Technical Education and Research,School Education (upto Matriculation) and Special
Education |
Higher,
Technical Education and Research School Education (upto Matriculation) Special
Education |
|
7. |
Standing Committee on |
|
|
8. |
Standing Committee on Excise, Taxation &
Narcotics |
Excise,
Taxation & Narcotics |
|
9. |
Standing Committee on Finance |
Finance |
|
10. |
Standing Committee on Food |
Food |
|
11. |
Standing Committee
on Livestock & Fisheries |
Livestock
&Fisheries |
|
12. |
Standing Committee on Primary Health (BHU, HRC and Vertical
Programmes) and Secondary Health (Rest of Health) |
Health |
|
13. |
Standing Committee on Home |
Home |
|
14. |
Standing Committee on Local Government, Rural Development,
Public Health Engineering, |
Local
Government, Rural Development, Public Health Engineering, Housing Town
Planning |
|
15. |
Standing Committee on
Information and Archives |
Information and Archives |
|
16. |
Standing Committee on Information, Science and Technology |
Information, Science
and Technology |
|
17. |
Standing Committee on Irrigation |
Irrigation |
|
18. |
Standing Committee on Labour and Human Resources |
Labour and
Human Resources Department |
|
19. |
Standing Committee on Law & Parliamentary Affairs and Human Rights |
Law &
Parliamentary Affairs
and Human Rights |
|
20. |
Standing Committee on School Education (upto
Matriculation) |
School
Education (upto Matriculation) |
|
21 |
Standing Committee on Mines
and Minerals |
Mines and
Mineral |
|
22. |
Standing Committee on Planning, Development and Special
Initiatives |
Planning,
Development and Special Initiatives |
|
23. |
Standing Committee on Population Welfare |
Population
Welfare |
|
24. |
Standing Committee on Auqaf, Religious Affairs, Zakat and Ushr |
Auqaf,
Religious Affairs, Zakat and Ushr |
|
25. |
Standing Committee on Revenue, Land Utilization and Relief and Rehabilitation |
(i) Revenue,
Land Utilization and Relief (ii) Rehabilitation |
|
26. |
Standing Committee on Services, General Administration & Coordination
Department (Services, GA, I&C & IPC Wings) |
Services,
General Administration & Coordination Department (Services, GA, I&C
& IPC Wings) |
|
27. |
Standing Committee on Social Welfare |
Social Welfare |
|
28. |
Standing Committee on Special Education |
Special
Education |
|
29. |
Standing Committee on Sports and Youth Affairs |
Sports and
Youth Affairs |
|
30. |
Standing Committee on Transport & Mass Transit |
Transport&
Mass Transit |
|
31. |
Standing Committee on Women Development |
Women
Development |
|
32. |
Standing Committee on Energy |
Energy
including Coal Energy |
|
33. |
Standing Committee on Katchi Abadis |
Katchi
Abadis |
|
34. |
Standing Committee on Minorities Affairs |
Minorities
Affairs |
(4) Except
as otherwise provided in these rules, a Committee shall only deal with a matter
which may be referred to it by the Assembly.
162. COMPOSITION OF STANDING COMMITTEES:–
(1) Each
Standing Committee shall consist of eleven members to be elected by the
Assembly.
(2) The
Minister and the Parliamentary Secretary concerned shall be ex-officio members
of the Committee.
(3) The
member-in-charge of the Bill, and in the case of any other matter referred by
the Assembly to the Standing Committee, the member who has proposed the subject
or matter for reference to, or study by, the Committee, may attend the meetings
of the Committee but shall not vote unless he is an elected member of the
Committee.
(4) The
Secretary of the Department concerned and the Secretary of the Law &
Parliamentary Affairs Department or an officer designated by each of them in
this behalf shall attend the meeting of a Committee as expert advisers.
163. METHOD OF ELECTION:–
(l) Unless otherwise provided in these rules, members
of all the Committees shall be elected, as far as possible, in
accordance with the agreement of the Leader of the House and the Leader of the
Opposition and in the absence of a Leader, his Deputy.
(2) In
case there is no agreement mentioned in sub-rule (1), the members of each
Committee shall be elected by the Assembly from amongst its members according
to the principle of proportional representation by means of a single
transferable vote in accordance with the procedure laid down in the Fifth
Schedule.
164. CHAIRMAN OF A COMMITTEE:–
(1) The
Chairman of a Committee shall be elected by the Committee from amongst the
members of the Committee.
(2) If
the Chairman is absent from a sitting, the Committee shall choose one of its
members present to act as Chairman for that sitting.
165. RESIGNATION:–
(1) A
member may resign his membership of the Committee by writing under his hand
addressed to the Speaker.
(2) The
Chairman of a Committee may resign as such by writing under his hand addressed
to the Speaker.
166. CASUAL VACANCIES:–
(1) Casual
vacancies in a Committee shall be filled, as soon as possible after such
vacancies occur, in the manner provided in rule 163 or, as the case may be, in
rule 164.
(2) A
member elected under sub-rule (1), shall hold office for the period for which
the member in whose place he is elected would have held office.
(3) Subject to the requirement of a
quorum, a Committee shall have power to act notwithstanding any vacancy in its
membership.
167. FUNCTIONS OF COMMITTEES:–
(l) A
Committee shall examine a Bill or other matter referred to it by the Assembly
and shall submit its report to the Assembly with such recommendations,
including suggestion for legislation, if any, as it may deem necessary.
(2) In
the case of a Bill, the Committee shall also examine whether or not the Bill
violates, disregards or is otherwise not in accordance with the Constitution.
(3) The
Committee may propose such amendments as
are within the scope of the Bill, but the Committee
shall have no power of preventing the Bill from being considered
by the Assembly.
(4) The
amendments will be shown in its report along with the original provisions of
the Bill.
(5) A
Committee may, with the approval of the Speaker, appoint a sub-committee, for a
specified function arising out of the matter referred to the Committee.
(6)
If a Committee does not present its report within the specified period, or
within the extended period, if any, the Bill or the matter referred to it may,
on a motion by a member, or a Minister, be considered by the Assembly without
waiting for the report.
(7) A
Committee may examine the expenditures, administration, delegated legislation,
public petitions and policies of the Department concerned and its associated
bodies, and may forward reports of findings and recommendations to the
Department and the Department shall submit its reply to the Committee within a
period of two weeks.
168. REFERENCE TO COMMITTEES:–
The Assembly may, on a motion made by a member,
remit to the Committee concerned any subject or matter which may be studied by
that Committee.
169. SITTINGS OF COMMITTEES:–
(1) Subject
to sub-rule (2), a sitting of a Committee shall be held on such day and at such
hour as the Chairman of theCommittee, in
consultation with the Secretary, may determine.
(2)
If the Chairman of a Committee is not readily available, the Secretary may fix
the date and time of a sitting:
Provided that the sitting
of a Committee for election of its Chairman shall be
fixed by the Secretary in consultation with the
Speaker.
(3) Subject to sub-rules (4) and (5), the sittings of
a Committee shall, so far as possible, continue from day to day till the
completion of the business assigned to it.
(4) Unless
otherwise permitted by the Speaker, the sittings of the House Committee and the
Library Committee shall be held during a session.
(5) The sittings of the Committees
shall be held at
(6)
On a requisition made by three members of the Committee, the Chairman shall
call a sitting of the Committee within fourteen days from the date of the
receipt of the requisition if some Bill or matter referred to it is pending.
(7) A
member who remains absent from the three consecutive meetings without a valid
reason, his seat as a member of that Committee shall become vacant.
170. SITTINGS OF COMMITTEES WHILE THE
ASSEMBLY IS SITTING:–
(1) A
Committee may not meet while the Assembly is sitting except with the approval
of the Speaker.
(2) 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.
171. SITTINGS IN CAMERA:–
The sittings of a Committee shall be held in
private unless the Committee, by a majority, decides otherwise.
172. QUORUM:–
(1) The quorum for the election of the Chairman of a
Committee shall be the majority of the elected members thereof.
(2) Subject
to sub-rule (1), the quorum for a sitting of a Committee shall be three elected
members:
Provided that the quorum for a sitting of a
Public Accounts Committee or Committee on Rules of Procedure and Privileges
shall be four elected members.
173. VOTING:–
(1) Subject
to rule 172, all questions at a sitting of a Committee shall be determined by
the majority of its elected members present and voting.
(2)
The Chairman or the member presiding in his absence shall not vote except in
the event of equality of votes.
174. POWER OF COMMITTEES TO EXAMINE
GOVERNMENT OFFICIALS
AND RECORD:–
(1) A Committee shall have power to summon and examine any person and the
records of the Government and of statutory bodies,
autonomous or semi-autonomous, under the Government:
Provided that a Committee shall have no power to
send for any paper or record relating to a proposed taxation.
(2) When a Department is
of the opinion that in the interest of security of State or the maintenance of
public order or generally in the public interest or on account of any other
sufficient reason, any particular record summoned from any office of or
authority under the Government or set up or established by the Government
should not be furnished to any Committee or a person in the service of the
State should not be summoned or compelled to give evidence, the Department may
claim privilege for that record or exemption for the public servant, as the
case may be:
Provided that in such case
the Committee may, through the Speaker, obtain orders of the Chief Minister
whether the privilege or exemption, as the case may be, has been properly
claimed and the orders of the Chief Minister in this behalf shall be final.
175. EVIDENCE,
REPORT AND PROCEEDINGS TREATED CONFIDENTIAL:–
(1) A
Committee may direct that the whole or a part of the evidence or a summary
thereof may be laid on the Table. If the Committee so decides, the Speaker may
direct that such evidence be
confidentially made available to members before it is formally laid
on the Table.
(2) The
part of the evidence, oral or written, report or proceedings of the Committee,
which has not been laid on the Table, shall not be open to inspection by any
one except under the authority of the Speaker.
(3) The
evidence given before a Committee shall not be published by any member of the
Committee or by any other person until it has been laid on the Table.
176. VIEWS OF THE DEPARTMENTS ON PRIVATE MEMBER’S BILLS:–
In case of a private member’s Bill referred to a Committee, the
Secretary shall transmit a copy of the Bill to the Department concerned
with a request for an expression of the views of the Department.
177. RECORD OF THE
PROCEEDINGS OF COMMITTEES:–
(1) A
summary of the record of the proceedings of each Committee shall be maintained.
(2) The
summary of evidence tendered before a Committee shall be made available to a
member of the Committee concerned if so requested by him.
178. 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.
179. REPORTS OF COMMITTEES:–
(1) The report of a
Committee shall be present within the time-limit fixed by the Speaker under
rule 99 or 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.
(2)
The report shall–
(a) incorporate the views of
the Minister or the Parliamentary Secretary concerned, if furnished;
(b) set forth the recommendations of the Committee
together with the views of the minority, if any; and
(c) be
made available, before presenting to the Assembly, to the members of the
Committee for signatures or dissenting note or refusal to sign, as the case may
be.
180. PRESENTATION OF REPORT:–
(1) The report of a Committee shall be presented to
the Assembly by the Chairman or, in his absence, by any other member
of the Committee or by the member-in-charge.
(2) The
Secretary shall cause every report of the Committee together with the views of
the minority, if any, to be printed and a copy thereof shall be made available
to the members.
181. AGENDA AND NOTICES OF
THE MEETINGS:–
(1) The
arrangement of business of a Committee and the agenda for a meeting
of the Committee shall be determined by the Secretary in consultation with the
Chairman of the Committee, if readily available.
(2) Notices of all meetings of a Committee
shall be sent to the members of the Committee and to the Advocate-General if he
is named as a member of the Committee or if his presence is required by the
Committee.
182. DECISION OF SPEAKER ON PROCEDURE:–
If any doubt
arises on any point of procedure or interpretation of the rules, the Chairman
may, if he thinks fit, refer the point to the Speaker whose decision shall be
final.
183. BUSINESS
BEFORE COMMITTEES NOT TO LAPSE ON PROROGATION OF ASSEMBLY:–
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.
184. UNFINISHED WORK OF COMMITTEES:–
A Committee, which is unable to complete its
work before the expiration of its term or before the expiration of the term of
the Assembly, may report to the Assembly that the Committee has not been able
to complete its work. Any report, memorandum or note that the Committee may
have prepared, or any evidence that the Committee may have taken, shall be
transmitted to the Secretary, who shall make it available to the Committee that
succeeds it.
B – SELECT COMMITTEE ON BILLS
185. COMPOSITION AND FUNCTIONS:–
(1) The
Minister incharge of the Department to which the Bill relates, the Chairman of
the Standing Committee concerned with the Bill, the member-in-charge and the
Minister for Law 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) A Minister may be elected as the Chairman of the
Committee.
(5) If
the Chairman is not present at any sitting, the members of the Committee
present shall elect one of its members to act as Chairman for that sitting.
(6) The Chairman, or the
member presiding in his absence, shall not vote except in the event of equality
of votes.
(7) A
Select Committee may hear expert evidence and representatives of special
interests affected by the Bill and the Secretary of the Department concerned
and the Law Secretary or the officers designated by them shall attend the
meeting of the Committee as expert advisers.
186. QUORUM:–
(l) The
quorum for a sitting of a Select Committee shall be one-third of the total
number of members of the Committee.
(2)
If at the time fixed for a sitting of the Select Committee, or at any time
during any such sitting, there is no quorum, the Chairman shall either suspend
the sitting until a quorum is present or adjourn the sitting to some future
day.
(3) If, for want of quorum, the sitting of a Select
Committee is adjourned on two successive dates, the next sitting may be held
even if the Committee is not in quorum.
187. AMENDMENTS PROPOSED BY SELECT COMMITTEE:–
A Select Committee shall
have power to propose such amendments in the Bill as are not beyond the scope
of the Bill.
188. REPORT:–
(1) A
Select Committee shall make a report on the Bill within the period specified by
the Assembly.
(2) The
report of the Select Committee on a Bill shall be presented to the Assembly by
the Chairman or, in his absence, by any other member
of the Committee or by the member-in-charge, and there shall be no debate on it
at that stage.
(3) The
report of a Select Committee along with the dissent notes, if any, shall be
printed and a copy thereof shall be made available to the members.
C – PUBLIC ACCOUNTS COMMITTEES
189. COMPOSITION:–
(1) There
shall be constituted, after a general election, a Public Accounts Committee for
the duration of the Assembly.
(2) The
Committee shall consist of seven members to be elected by the Assembly and the
Finance Minister shall be its ex-officio member.
190. FUNCTIONS:–
(1) The
Committee shall deal with the Appropriation Accounts of the Government and the
report of the Auditor-General thereon, and such other matters as the Assembly
or the Speaker or the Finance Minister
may refer to the Committee.
(2)
Subject to sub-rule (1), the Committee shall deal with the business assigned to
them by the Speaker out of the business referred to the Committee under the
said sub-rule.
(3) In scrutinizing the Appropriation Accounts of the Government and the
report of the Auditor-General thereon, it shall be the duty of the Committees
to satisfy themselves that–
(a) 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)
the expenditure conforms to the authority which governs it; and
(c)
every re-appropriation had been made in accordance with such rules
as may be prescribed by Government.
(4) It shall also be the duty of the
Committee to–
(a) 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 Governor may have required
to be prepared or are prepared under the provisions
of the statutory rules regulating the financing of a particular corporation, a
trading concern or project, and the report of the Auditor-General thereon;
(b) examine the statements of Accounts
showing the income and expenditure of autonomous and semi-autonomous bodies,
the audit of which may be conducted by the Auditor-General under the directions
of the Governor or under any law; and
(c) consider
the report of the Auditor-General in case where the Governor may have required
him to conduct the audit of any receipts or to examine the accounts of stores
and stocks.
(5) 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 recommendations as it may deem fit.
191. REPORTS:–
(1) The
report of each Committee shall be presented within a period of one year from
the date on which reference is 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.
(2) A
Committee may present an interim report or a report in parts.
192. SITTINGS:–
(l) The sittings of the Committees shall ordinarily be
held at
(2) If
necessary in the public interest, a sitting may be held outside
193. QUORUM:–
(l) The
quorum for a sitting of the Public Accounts Committee shall be one-third of the
total number of members of the Committee.
(2)
If at the time fixed for a sitting of the Public Accounts Committee, or at any
time during any such sitting, there is no quorum, the Chairman shall either
suspend the sitting until a quorum is present or adjourn the sitting to some
future day.
(3) If, for want of quorum, the sitting of a Public
Accounts Committee is adjourned on two successive dates, the next sitting may
be held even if the Committee is not in quorum.
194. UNFINISHED WORK OF THE PUBLIC
ACCOUNTS COMMITTEE:–
(1) 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.
(2) A report or a part of the report of a
Public Accounts Committee may be presented before a successor Assembly in
accordance with rule 191 even if the time for presentation of the report has
expired.
D – COMMITTEE ON RULES OF PROCEDURE AND
PRIVILEGES
195. COMPOSITION:–
(1) There
shall be a Committee on Rules of Procedure and Privileges for the duration of
the Assembly.
(2) The Committee shall consist of eleven members to
be elected by the Assembly and the Minister for Law and Parliamentary Affairs
shall be its ex-officio member.
196. FUNCTIONS:–
The
Committee shall –
(a) consider matters of procedure and conduct of business in the
Assembly and recommend, such amendments to these rules as may be
deemed necessary;
(b) examine any 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.
E – COMMITTEE ON GOVERNMENT ASSURANCES
197. COMPOSITION:–
The Committee on Government
Assurances Committee shall consist of eleven members to be elected by the
Assembly for its duration, and Minister for Law and Parliamentary Affairs shall
be its ex-officio member.
198. FUNCTIONS:–
(1) The functions of the
Committee would be to take note of and scrutinize the assurances, promises,
commitments and undertakings of Government given on the floor of the Assembly,
by a Minister or a Parliamentary Secretary and to report on all
questions relating thereto, which are referred to it under sub-rule (2).
(2) A member who feels that an assurance or a promise given to him or an
undertaking made by a Minister or a Parliamentary Secretary
has not been implemented within a reasonable time, he may in writing, propose
that the matter may be referred to the Committee. If the Speaker is satisfied
that a reasonable time has elapsed and that the matter should be enquired into
by the Committee, he may refer the matter to the Committee.
(3)
The Committee shall scrutinize such assurances, promises and undertakings as are given during the term of
the Assembly.
(4) The Committee shall
submit its report within such time as may be fixed by the Speaker or as may be
extended by him.
F – LIBRARY COMMITTEE
199. COMPOSITION AND FUNCTIONS:–
(1) There
shall be a Library Committee consisting of the Deputy Speaker and nine other
members to be appointed by the Speaker for the duration of the Assembly.
(2) The Deputy Speaker shall be
the Chairman of the Committee.
(3) The
casual vacancies in the Committee shall be filled by nomination by the Speaker.
(4) The Committee shall consider and
advise on such matters concerning the Library of the Assembly as may, from time
to time, be referred to it by the Deputy Speaker.
G – HOUSE COMMITTEE
200. COMPOSITION AND FUNCTIONS:–
(1) There
shall be a House Committee consisting of not more than ten members, including
the Chairman.
(2) The
Committee, including its Chairman, shall be nominated by the Speaker and shall
hold office for a term not exceeding one year or until the next Committee is
constituted whichever is later.
(3) A member may be re-nominated by
the Speaker to the new House Committee.
(4) The House Committee shall deal
with all matters connected with the comforts and convenience of the members.
H – FINANCE COMMITTEE
201. COMPOSITION AND FUNCTIONS:–
(1) There
shall be a Finance Committee for the duration of the Assembly, consisting of
the Speaker, the Finance Minister and seven other members to be elected by the
Assembly in the manner prescribed in rule 163.
(2) The Speaker shall be the Chairman and the
Secretary shall be the Secretary of the Committee; provided that if the
Chairman is absent from any sitting, the Committee shall choose one of its
members present to act as Chairman of such sitting.
(3) The Committee
shall be responsible for –
(a) preparation of budget and Supplementary
Estimates and Demands for excess relating to the Assembly and its Secretariat;
(b) appropriation and
re-appropriation;
(c) all financial matters relating to the
expenditure of the Assembly and its Secretariat within authorized
appropriation;
(d) approve the annual and supplementary budget estimates
of the Assembly and its Secretariat which shall respectively be included in the
Annual Budget Statement and the Supplementary Budget Statement by Government:
Provided that if at the relevant time, the
Assembly stands dissolved or there is no Finance Committee, such approval may
be given by the Speaker in anticipation of the approval of the Finance
Committee.
(4) The
Committee may, from time to time, approve incurring of additional or new
expenditure in anticipation of provision of funds, for the Assembly or its
Secretariat and the amount or amounts so approved shall be included in the
Supplementary Budget.
(5) The Committee may make recommendations in regard
to any financial matter relating to the Assembly or its Secretariat referred to
it by the Assembly or the Speaker.
(6) Notwithstanding
anything contained in these rules, the procedure of the Committee shall be
regulated by the rules made by the Committee and until such rules are made, the
business of the Committee shall be conducted in such manner as the Speaker may
direct.
I – BUSINESS ADVISORY COMMITTEE
202. COMPOSITION AND
FUNCTIONS:–
(1) On
the commencement of the Assembly or from time to time, as the case may be, the
Speaker may, in consultation with the Leader of the House and the Leader of the
Opposition, nominate a Business Advisory Committee consisting of not more than
twelve members including the Speaker who shall be the Chairman of the
Committee.
(2)
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.
(3) 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.
(4) The
Committee shall have such other functions as may, from time to time, be
assigned to it by the Speaker.
J – SPECIAL COMMITTEE
203. COMPOSITION AND
FUNCTIONS:–
(1) The
Assembly may, by motion, appoint a Special Committee which shall have such
composition and functions as may be specified in the motion.
(2) The
Committee shall consist of not more than eleven members excluding the Speaker
or a Minister, if any of them is named as a member of the Committee in the
motion.
K – GENERAL
204. SUPPLEMENTARY
PROVISIONS:–
(1) The
rules pertaining to Standing Committees shall apply to any other Committee, if
not inconsistent with the rules particularly applicable to that
Committee:
Provided that the provisions of sub-rule (2) of
rule 162 shall not apply to the Library Committee, the House Committee and the
Finance Committee.
(2) Where
rules contained in this Chapter are silent on a point, a Committee may refer
the matter to the Speaker for his directions for the proper conduct of its
proceedings and the directions given by the Speaker shall be followed.
CHAPTER XXI
GENERAL RULES
A – NOTICE
205. APPLICABILITY OF GENERAL RULES:–
Except for matters for
which special provisions are made in these rules, the general rules contained
in this Chapter shall apply to all matters; and if, any provision in the
special rules relating to a matter is inconsistent with the general rules, the
former shall prevail.
206. NOTICE BY MEMBERS:–
(1) Save as otherwise provided in these rules, every
notice shall be given in writing addressed to the Secretary and signed by the
member giving notice and shall be delivered at the Assembly Secretariat on any
working day during office hours.
(2) A notice delivered after office
hours or on holidays shall be treated as delivered on the next working day.
207. CIRCULATION OF NOTICES:–
(1) The
Secretary shall cause a copy of every notice together with its accompaniments
to be circulated and made available to every member and to any other person
entitled to take part in the proceedings of the Assembly.
Explanation: The notice under this rules shall be deemed
to have been made available –
(a) if
it is delivered by hand at the local address given by the member when the
Assembly is in session or placed on the seat allotted to the member in the
Assembly; or
(b) when the Assembly is not in session, by sending it by registered post to the members’ at their permanent addresses, two days
before commencement of the session.
B – MOTIONS
208. DECISIONS
BY MOTIONS:–
A
matter requiring the decision of the Assembly shall be brought forward by means
of a question put by the Speaker on a motion moved by a member.
209. NOTICE OF MOTION OR AMENDMENT:–
Save as otherwise provided in these rules, a
member who wishes to move a motion shall give, to the Secretary, in the case of
a substantive motion, at least seven clear days’ and in the case of an
amendment at least two clear days’ notice in writing:
Provided that the Speaker may allow a motion or
an amendment to a motion to be moved at a shorter notice.
Explanation.– A
substantive motion is a self-contained proposal submitted for the approval of
the Assembly and drafted in such a way as to be capable of expressing a
decision of the Assembly.
210. MOVING OF MOTIONS:–
(1) Except
as otherwise provided in these rules, a motion or an amendment which requires
notice may be moved only by the member giving notice.
(2)
A motion or an amendment may not be moved in a form different from that in
which it appears on the notice, unless the Speaker permits it to be moved in an
altered form.
(3) If
a motion or an amendment is not moved, it shall be deemed to have been
withdrawn.
211. REPETITION OF MOTION:–
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) The
provisions of sub-rule (1) 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
(b) a
motion for the amendment of a Bill which has been recommitted to a Standing
Committee or re-circulated for the purpose of eliciting opinion thereon; or
(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.
212. ANTICIPATION OF ANY MATTER:–
(1) A
motion or an amendment will not anticipate a matter already appointed for
consideration of the Assembly.
(2)
In determining whether a motion or an 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.
213. PROPOSING
OF QUESTION:–
When a motion has been
moved, the Speaker may propose the question for the consideration of the
Assembly, and if a motion embodies two or more separate propositions, each of
the proposition may be proposed as a separate question.
214. WITHDRAWAL OF MOTION:–
At any time after the question on a motion has
been proposed and before the voting has taken place, the member, who has made a
motion, may withdraw the same by leave of the Assembly:
Provided that–
(a) if
an amendment has been proposed to a motion, the original motion shall not be
withdrawn until the amendment has been disposed of; and
(b) there
shall be no discussion on a request for leave to withdraw a motion, except with
the consent of the Speaker.
C – AMENDMENT
215. 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 a 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 a matter.
(5) An
amendment may be moved to an amendment which has been moved in the Assembly.
(6) In
respect of a motion or in respect of a Bill under consideration in the
Assembly, the Speaker shall have the power to select one or several identical
or substantially identical amendments to be proposed.
216. NOTICE OF AMENDMENTS:–
Notice of an amendment to a motion shall be
given one day before on which the motion is to be considered, unless the
Speaker allows the amendment to be moved without such notice.
217. PUTTING OF AMENDMENTS:–
(1) Subject
to sub-rule (2), the Speaker may put amendments in such order as he thinks fit.
(2) The
Speaker may refuse to put an amendment which, in his opinion, is frivolous,
inconsistent or meaningless or which has become infructuous.
218. CORRECTION OF PATENT ERRORS:–
Where a Bill or a resolution is passed by the
House, the Speaker shall have power to correct patent errors such as
re-numbering or re-lettering of the clauses, sub-clauses and references thereof
and make such other changes in the Bill
or a resolution as are incidental or consequential upon the amendments accepted
by the House.
D – DEBATE
219. MODE OF ADDRESS:–
A member desiring to speak on any matter before
the Assembly or to raise a point of order or a point of privilege shall –
(a) speak only when called upon by the Speaker to do so;
(b) speak
from his place;
(c) rise
when he speaks; and
(d) address
the Speaker:
Provided that a member disabled by sickness or
infirmity may be permitted to speak while 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.
220. 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 by reference to his notes.
(3) A member while speaking shall not
–
(a) discuss
any matter which is sub-judice;
(b) reflect upon the Governor in his personal capacity:
Provided that nothing in
this clause shall preclude any reference, subject to the provisions of the
Constitution, to the President or the Governor in relation to any act done by
him in his official capacity;
(c) discuss the conduct of any
judge of the Supreme Court or of a High Court in the
discharge of his duties;
(d) make a personal charge against a
member, a Minister or the holder of a public office, except it may be relevant
in regard to the matter before the Assembly;
(e) use his right of speech for the
purpose of willfully and persistently obstructing the business of the Assembly;
(f) use
offensive expressions about the conduct of proceedings in the National
Assembly, the Senate or the Provincial Assemblies;
(g) reflect on any determination of the Assembly except on a motion for
rescinding it;
(h) use the name of the President or the Governor for the purpose of
influencing the debate;
(i) utter treasonable,
seditious or defamatory words or make use of offensive or unparliamentary
expression;
Explanation: In this clause, ‘un-parliamentary expression’ means any
expression which imputes false motives to a member
or charges him with falsehood or is couched in abusive or indecent or
undignified language.
221. IRRELEVANCE
OR REPETITION:–
The Speaker, after having
called the attention of the member who persists in irrelevance or in tedious
repetition either of his own arguments or of the arguments used by other
members in debate, may direct him to discontinue his speech.
222. 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.
223. ORDER OF SPEECHES AND RIGHT OF REPLY:–
(1) After
the member who makes a motion has spoken, other members may speak on the motion
in the order in which the Speaker may call upon them and 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, save 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 or the Parliamentary Secretary
concerned may speak after the mover has replied.
(4) The
provision of sub-rule (3) shall not be deemed to give any right of reply to the
mover of a cut motion or to the mover of an amendment to a Bill, a resolution
or a motion, save with the permission of the Speaker.
224. MOVER’S REPLY TO CONCLUDE DEBATE:–
Subject to sub-rule (3) of rule 223, the reply
of the mover of the original motion shall in all cases conclude the debate.
225. PROCEDURE
WHEN THE SPEAKER ADDRESSES:–
(1) Whenever the Speaker addresses the Assembly, he
shall heard the 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 Speaker is addressing the Assembly.
226. 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.
227. LIMITATION ON DEBATE:–
(1) Whenever
the debate on any motion in connection with a Bill or on any other motion
becomes protracted, 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 the motion, as the case may be.
(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 the Bill or the
motion.
(3) The
Speaker may fix time limit for a speech on a Bill or a motion.
E – QUORUM, VOTING AND CLOSURE
228. QUORUM:–
(1) If
at any time during the sitting of the Assembly, the attention of the Speaker is
drawn to the effect that less than one-fourth of the total membership of the
Assembly is present, he shall suspend the business and cause the bells to be
rung for five minutes. But if no quorum is available after the bells stopped
ringing, he shall adjourn the Assembly for fifteen minutes.
(2) If
on re-assembly after fifteen minutes, there is no quorum, the Speaker shall
either suspend the sitting until atleast one-fourth of the total membership is
present, or adjourn the Assembly till the next working day.
229. PROCEDURE
FOR VOTING:–
(1) Save
as otherwise provided, the votes of members on any question put by the Speaker
may be taken by voice by inviting those in favour of the motion to say “Aye”
and those against it, to say “No” and the Speaker will say “I think the ’Ayes’
(or the ‘Noes’) have it”. If this opinion of the Speaker goes unchallenged, he
will then say “The ‘Ayes’ (or the Noes) have it”, and the question before the
Assembly shall stand decided accordingly.
(2) If
the opinion of the Speaker to the decision of a question is challenged, he
shall order that the Lobbies be cleared.
(3) If the opinion of the Speaker as to the decision
of the question is challenged and Division is demanded, he may direct that the
votes be taken by Division in the manner set out in the Sixth Schedule or by
operating the automatic vote recorder, or the Speaker may ask the members who
are for “Ayes” and those for “Noes”, respectively, to rise in their places
and on a count being taken he shall declare the decision of the
Assembly in which case, names of the voters
shall not be
recorded.
(4) The
result of voting by a Division shall be announced by the Speaker and shall not
be challenged.
(5) A
member, who is unable to go to the Division lobby may, with the permission of
the Speaker, have his vote recorded either in his seat in the Assembly
Chamber or in the Lobby.
230. DIVISION BY AUTOMATIC VOTE RECORDER:–
(1) Where
the Speaker directs under sub-rule (3) of rule 229 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 Speaker shall
announce the result of the division and the result shall not be challenged.
(3) A
member who is not able to cast his vote by pressing the button provided of the
purpose due to any reason considered sufficient by the Speaker, may, with the
permission of the Speaker, have his vote recorded verbally buy 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 that he beings it to the notice
of the Speaker before the result of the division announced.
231. CLOSURE:–
(1) At
any time after a motion has been made, or is deemed to have been made under
these rules, a 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 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.
F – POINTS OF ORDER
232. DECISION ON POINTS OF ORDER:–
(1) A
point of order shall relate to the interpretation or enforcement of these rules
or the interpretation of the provisions of the Constitution regulating the
business of the Assembly.
(2) A
member raising a point of order shall confine to the point raised.
(3) Except on a matter arising out of a Division, no
point of order shall be raised during the Division.
(4) The
Speaker shall decide a point of order and his decision shall be final.
(5) No
discussion or debate, shall be allowed on any point of order but the Speaker
may, if he thinks fit, hear a member before giving his decision.
(6) A
point of order is not a point of privilege.
(7) A
point of order shall not –
(a) seek information in
respect of any matter;
(b) explain member’s
personal position;
(c) be
raised when any motion is being put to the Assembly; or
(d) be hypothetical;
G – MAINTENANCE OF ORDER
233. POWER TO WITHDRAWAL OF MEMBERS OR SUSPEND
SITTING:–
The Speaker shall have powers to-
(a) preserve order
and decorum in the Assembly;
(b) enforce his
decisions;
(c) have galleries
cleared;
(d) direct
a member to withdraw from the Assembly if in his opinion the conduct of such
member is grossly disorderly;
(e) direct a member who has been ordered to withdraw
from the Assembly more than once during the same session to absent himself from
the sittings of the Assembly for a period not exceeding fifteen days;
(f) suspend
or adjourn the sitting of the Assembly in case grave disorder;
(g) appoint a Sergeant-at-Arms to carry out his order
and appoint such other officers as he may consider necessary to assist the
Sergeant-at-Arms.
234. GALLERIES:–
(1) The
admission to the Galleries of the Assembly during its sittings shall be
regulated in accordance with the orders made by the Speaker.
(2) The
Speaker may, whenever he thinks fit, order the Galleries to be cleared or any
stranger to be removed.
235. REMOVAL OF STRANGERS:–
An 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 willfully infringes the directions given by the Speaker
under sub-rule (1) of rule 234 or does not withdraw when directed under
sub-rule (2) of rule 234 and may also remove a stranger who had previously
misbehaved and apprehension of his doing so again exists.
H – SECRET SITTINGS
236. SECRET SITTING:–
(1) On
a request made by the Leader of the House or a Minister acting on his behalf,
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 and such other officers
of the Assembly or other persons as the Speaker may direct.
237. 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
or describe, such proceedings.
238. 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.
239. 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 the House or any member
authorized by him in this behalf that the proceedings be no longer treated as secret.
(2)
On adoption of a motion under sub-rule (1), the Secretary shall cause to be
prepared a report of the proceedings of the secret sitting, and shall, as soon
as practicable, publish it in such form and manner as the Speaker may direct.
240. DISCLOSURE OF
PROCEEDINGS OR DECISIONS:–
Save as provided in rule
239, the 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.
I – REPORT AND RECORDS
241. LANGUAGE OF THE ASSEMBLY:–
The members shall ordinarily address the
Assembly in Urdu or Sindhi, but the member who cannot adequately express
himself in Urdu or Sindhi, may, with the permission of the
Speaker, address the Assembly in English or any other recognized language
of the Province.
242. REPORT OF PROCEEDINGS:–
(1) The
Secretary shall cause a report of the proceedings of the Assembly be prepared
at each of its sittings, and shall, as soon as practicable, publish it in such
form and manner as the Speaker may, from time to time, direct.
(2)
The report so published shall be the authentic record of the proceedings of the
Assembly and shall not be questioned or challenged on any ground whatsoever.
(3) The
proceedings of the Assembly may be directly broadcasted or telecasted, as the
case may be, with the permission of the Speaker.
243. CUSTODY OF DOCUMENTS AND RECORDS:–
The Secretary 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.
244. EXPUNCTION OF WORDS:–
If the Speaker is of the
opinion that words have been used in debate which are defamatory, indecent, unparliamentary or undignified, he may, at any time, order that such words be expunged from the proceedings of the Assembly.
245. INDICATION
IN PRINTED DEBATES OF EXPUNGED PROCEEDINGS:–
The portion of the proceedings of the Assembly so expunged shall be
marked by asterisk and an explanatory footnote shall be inserted in the
proceedings as “Expunged as ordered by the Speaker”.
J – RULES TO BE OBSERVED IN THE ASSEMBLY
246. RULES TO BE OBSERVED BY MEMBERS WHILE
PRESENT IN ASSEMBLY:–
While the Assembly is sitting, a member –
(a) shall not
read any book, newspaper or letter except in connection with business
of the Assembly;
(b) shall not pass between the Chair and
any member who is speaking;
(c) shall not interrupt any member while speaking
by disorderly expression or noises or in any other disorderly manner;
(d) shall always address the Chair;
(e) shall
keep to his usual seat while addressing the Assembly;
(f) shall
maintain silence when not speaking in the Assembly;
(g) shall not obstruct proceedings and
shall avoid making running commentaries when speeches are being made in the
Assembly;
(h) shall not applaud when a stranger enters any of the Galleries except
when a foreign delegation or a foreign dignitary is specially invited to the
sitting;
(i) 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;
(j) shall not occupy a seat in the
Galleries nor, while in the Chamber, engage himself in conversation with any
visitor in a Gallery; and
(k) shall not use a mobile telephone.
K – LAPSE OF BUSINESS
247. LAPSE OF PENDING NOTICES ON PROROGATION:–
(1) On the
prorogation of the Assembly, all pending notices, other than notices of
Questions and notices relating to Bills, shall lapse and fresh notices therefor
shall be given for the next session.
(2) The Bills which have been
introduced shall be carried over to the pending List of Business of the next
session. If the member-in-charge makes no motion in regard to the Bill during
two consecutive sessions, the Bill shall lapse, unless the Assembly, on a motion by the member-in-charge
in the next session, makes a special order for the continuance of the Bill.
248. MOTION,
RESOLUTION OR AMENDMENT MOVED NOT TO LAPSE:–
The motion, the resolution or the amendment
which has been moved and is pending in the Assembly, shall not lapse by reason
only of the prorogation of the Assembly.
249. EFFECT OF DISSOLUTION OF ASSEMBLY:–
On the dissolution of the Assembly, all pending
business shall lapse, except the business of Public Accounts Committee.
L – MISCELLANEOUS
250. SECRETARY TO BE EX-OFFICIO SECRETARY
OF COMMITTEES:–
The Secretary shall be ex-officio Secretary
of all the Committees of the Assembly.
251. SECRETARY MAY AUTHORIZE ANY OFFICER:–
The Secretary may authorize any officer of the
Assembly Secretariat to perform such duties as he may direct.
252. SPEAKER TO AMEND NOTICES AND MOTIONS:–
If in the opinion of the
Speaker, any notice or motion contains words, phrases or expressions which are
argumentative, un-parliamentary, ironical, irrelevant, verbose or otherwise
inappropriate, he may, in his discretion, amend such notice or motion before it
is circulated.
253. NO SPEECH AFTER A QUESTION OR A MOTION IS PUT:–
A member shall not speak after the Speaker has
put a question or a motion, as the case may be, to the Assembly.
254. CASTING
VOTE:–
The
Speaker shall not vote except in the event of an equality of votes.
255. VALIDITY OF
PROCEEDINGS:–
(1) The
validity of the proceedings of the Assembly shall not be called in question on
the ground of any irregularity of procedure.
(2)
Notwithstanding the provisions of these rules, no
proceedings in the Assembly shall be invalid only for the reason that a person
who was disqualified for being a member, was present at or voted or otherwise
took part in the proceedings.
256. SUSPENSION OF RULES:–
The Speaker
or the Assembly may suspend any of the rules.
257. RESIDUARY POWERS OF THE SPEAKER:–
(1) All matters not
specifically provided for in these rules shall be regulated in such manner as
the Speaker may deem fit.
(2) Any
decision taken, ruling given or direction issued by the Speaker in these rules,
shall not be called in question in any manner or on any ground whatsoever.
(3) No
person shall comment upon or make any statement in Print or Electronic
Media or any other source of communication or otherwise in respect of any
ruling given or direction issued by the Speaker.
258. PAPERS TO BE LAID ON THE TABLE:–
Every dispatch or State paper quoted by the Minister in the Assembly
shall be laid on the Table:
Provided
that nothing in these rules, shall apply to documents, disclosure of which is
against the public interest, or summary or gist whereof has been given by the
Minister or a Parliamentary Secretary in his quotation.
259. TREATMENT OF PAPERS LAID ON THE TABLE:–
(1) A
paper or document to be laid on the Table shall be duly authenticated by the
member or the Minister or the Parliamentary Secretary by whom it is so laid.
(2) All papers and documents laid on the Table shall be
considered public documents.
260. PROCEDURE
WHEN A MINISTER DISCLOSES SOURCE
OF ADVICE OR OPINION GIVEN TO HIM:–
If, in
answer to a question or during debate, a Minister or a Parliamentary Secretary
discloses the advice or opinion given to him by any officer of the Government
or by any other person or authority, he shall ordinarily lay the relevant document
or parts of documents containing that opinion or advice or a summary thereof on
the Table.
261. STATEMENTS ON MATTERS OF PUBLIC
IMPORTANCE:–
(1) A
Minister may, with the consent of the Speaker, make a statement on a matter of
public importance.
(2) At the time, the statement is made, no question or discussion in respect
thereof shall be allowed.
262. USE OF ASSEMBLY CHAMBER:–
Except with the permission
of the Speaker or of the House, the Assembly Chamber shall not be used for any
purpose other than the sittings of the Assembly.
263. TRANSITIONAL
PROVISIONS:–
If there be no Speaker at
the time of the dissolution of the Assembly or if the Speaker continuing after
the dissolution of the Assembly under clause (8) of Article 53 read with
Article 127 of the Constitution resigns or dies or is otherwise absent, the
Secretary shall take such actions, till the election of Speaker, as are
necessary for the running of the day to day affairs of the Assembly, the
convening of the first sitting of the Assembly after general elections and for
the conduct of business by the Assembly.
264. COUNCIL OF CHAIRMEN:–
There shall be a Council of
Chairmen consisting of the Chairmen of the Standing Committees headed by the
Speaker to consider and coordinate in the matters relating to the Standing
Committees.
265. GENERAL DISCUSSION:–
(1) A
Minister or a member may give notice of a motion that any policy or situation
may be discussed by the Assembly.
(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 a Minister or a member,
with the consent of the Speaker.
266. PARLIAMENTARY
SECRETARY MAY ANSWER QUESTION AND SUPPLEMENTARY QUESTION:–
A member, appointed as
Parliamentary Secretary, may answer questions and supplementary questions on
behalf of the Minister concerned and perform such other functions in the
Assembly as may be assigned to him by the Minister.
CHAPTER XXII
AMENDMENTS OF RULES
(1) Unless
the Speaker otherwise directs, not less than ten clear days’ notice of a motion
for leave to amend these rules shall be given.
(2) The
notice under sub-rule (1) shall be accompanied by the amendment proposed.
(3)
The amendment shall be included in the List of Business for a day immediately
falling the expiry of the period of notice.
(4) (a) If
the Speaker of the opinion that the motion is in order, he
shall read out the contents of the motion and put the question whether the
member has the leave of the Assembly.
(b) If not less than one-fifth of the total membership
of the rises in their seats, the Speaker shall announce that the leave is
granted and the member shall move the motion.
(5)
A member may move that the proposed amendment be referred to the Committee on
Rules of Procedure and Privileges and if the motion is carried, the matter
shall be referred to the Committee.
268. REPEAL.–
(1) The
Rules of Procedure of the Provincial Assembly of Sindh, 1973
are hereby repealed.
(2) Notwithstanding the repeal of the Rules referred to in sub-rule (1),
anything done, action taken, powers exercised, proceedings commenced and
appointment made under the aforesaid rules shall be deemed to have been validly
done, taken, exercised, commenced and made under the corresponding provision of
these rules.
FIRST SCHEDULE - A
(see rule 9)
NOMINATION PAPER FOR ELECTION OF SPEAKER
PART–A
(To be filled by Proposer)
(1) I,_____________________________________________________________________________________________________
(Name of Proposer)
Member of
the Provincial Assembly of Sindh elected from constituency No.______ do hereby
propose the name of ________________________ a member of the Provincial
Assembly of Sindh elected from constituency No.______, for the election as
Speaker.
(2) I
hereby declare that I have not subscribed to any other nomination paper as
Proposer or Seconder.
Dated____________
Signature of Proposer
PART–B
(To be
filled by the Seconder)
(1) I,_____________________________________________________________________________________________________
(Name of the Seconder)
Member of
the Provincial Assembly of Sindh elected from constituency No._____, do hereby
second the above nomination.
(2)
I hereby certify that I have not subscribed to any other nomination paper as
Proposer or Seconder.
Dated____________
Signature of Seconder
PART–C
(To be
filled by the Candidate)
(1) I,____________________________________________________________________________________________________
(Name of the Candidate)
do hereby
declare that I have consented to the above nomination and that I am qualified
to be elected as Speaker.
Dated____________
Signature of Candidate
ACKNOWLEDGEMENT
Mr./Ms
_____________________________ member of the Provincial Assembly of Sindh
elected from constituency No._________ has delivered the nomination paper of
Mr./Ms _________________________ member of the Assembly elected from
constituency No.____ for election as Speaker on ____________ at _____________
am/pm. The nomination paper has been entered in the relevant Register at serial
No._________.
SECRETARY
PROVINCIAL
ASSEMBLY OF SINDH
FIRST SCHEDULE - B
(see rule 10)
NOMINATION PAPER FOR ELECTION OF DEPUTY SPEAKER
PART –A
(To be filled by Proposer)
(1) I,____________________________________________________________________________________________________
(Name of Proposer)
Member of
the Provincial Assembly of Sindh elected from constituency No.______ do hereby
propose the name of ________________________ a member of the Provincial
Assembly of Sindh elected from constituency No.______, for the election as
Deputy Speaker.
(2) I
hereby declare that I have not subscribed to any other nomination paper as
Proposer or Seconder.
Dated____________
Signature of Proposer
PART –B
(To be
filled by the Seconder)
(1) I,______________________________________________________________________________________________________
(Name of the Seconder)
Member of
the Provincial Assembly of Sindh elected from constituency No._____,
do hereby second the above nomination.
(2) I
hereby certify that I have not subscribed to any other nomination paper as
Proposer or Seconder.
Dated____________
Signature of Seconder
PART–C
(To be
filled by the Candidate)
(1) I,_____________________________________________________________________________________________________
(Name of the Candidate)
do hereby
declare that I have consented to the above nomination and that I am qualified
to be elected as Deputy Speaker.
Dated____________
Signature of Candidate
ACKNOWLEDGEMENT
Mr./Ms
_____________________________ member of the Provincial Assembly of Sindh
elected from constituency No._________ has delivered the nomination paper of
Mr./Ms _________________________ member of the Assembly elected from
constituency No.____ for election as Deputy Speaker on ____________ at
_____________ am/pm. The nomination paper has been entered in the relevant
Register at serial No._________.
SECRETARY
PROVINCIAL
ASSEMBLY OF SINDH
FIRST SCHEDULE - C
(see rule 18)
NOMINATION PAPER FOR ELECTION OF
CHIEF MINISTER
PART – A
(To be filled by the Proposer)
I,
________________________________________________________________________________________________________
(Name of the Proposer)
Member of
the Provincial Assembly of Sindh elected from constituency No.______ do hereby
propose the name of ________________________ a member of the Assembly elected
from constituency No.______, for the election as Chief Minister under Article
130 of the Constitution.
I hereby declare that I have not subscribed to any other nomination paper for
this election as Proposer or Seconder.
Dated____________
Signature of Proposer
PART – B
(To be
filled by the Seconder)
I,____________________________________________________________________________________________________________
(Name of the Seconder)
Member of
the Provincial Assembly of Sindh elected from constituency No.______, do hereby
second the above proposal.
I hereby certify that I have not subscribed to any other nomination paper for
this election as Proposer or Seconder.
Dated____________
Signature of Seconder
PART – C
(To be
filled by the Candidate)
I,_________________________________________________________________________________________________
(Name of the Candidate)
member of
the Provincial Assembly of Sindh elected from constituency No.______, do hereby
declare that I have consented to the above proposal and that I am qualified to
be elected as Chief Minister.
Dated____________
Signature of Candidate
ACKNOWLEDGEMENT
Mr./Ms
_____________________________ member of the Provincial Assembly of Sindh
elected from constituency No._________ has delivered the nomination paper of
Mr./Ms _________________________ member of the Assembly elected from
constituency No.____ for election as Chief Minister on ____________ at
_____________ am/pm. The nomination paper has been entered in the relevant
Register at serial No._________.
SECRETARY
PROVINCIAL
ASSEMBLY OF SINDH
SECOND SCHEDULE
(see rules 21, 23 and 24)
PROCEDURE FOR RECORDING OF VOTES
IN THE CASE OF CHIEF MINISTER
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 names of the candidates in case of election
of the Chief Minister under rule 21 or as the case may be, the resolution under
rule 23 or rule 24 before the Assembly and ask the members who wish to vote in
favour of a candidate/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 these 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 off
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 para 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
shall cause the division list to be collected, count the recorded 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 of the poll to the Assembly.
THIRD SCHEDULE
(see rules 33 and 34)
BALLOT
PROCEDURE FOR DETERMINING THE RELATIVE PRECEDENCE OF PRIVATE
MEMBERS’ BILLSAND RESOLUTIONS
1. Not
less than seven days before each day allotted for the disposal of private
members’ business, the Secretary will cause to be placed a numbered list in the
Legislation Branch. This list will be kept open for two days, and during these
days and at hours when the office is open, any member who wishes to give or has
given notice of a resolution or has given notice of a Bill, as the case may
be, may have his name entered in the case of a ballot for
resolutions, against one number only, or in the case of a ballot for Bills
against one number for each Bill of which he has given notice up to the number
of three.
2. The ballot will be held before the Secretary and any member who wishes
to attend, may do so.
3. Paper
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 Secretary
will call out from the list the corresponding name, which will then be entered
in a priority list. This procedure will be carried out
till five numbers in the case of Bills / Motions and
five numbers in the case of resolutions have been drawn.
5. Priority
on the list will entitle the member to have set down, in the order of his
priority for the day with reference to which the ballot is held,
any Bill/Motion or any resolution, as the case may be, of which he
has given the notice required by the rules:
Provided
that he shall then and there specify such Bill/Motion or such
resolution.
FOURTH SCHEDULE
FORM OF
COMMUNICATION REGARDING ARREST, DETENTION, CONVICTION OR RELEASE, AS THE CASE
MAY BE, OF A MEMBER
(see rules 82 and 83)
Place ___________
Date ___________
To
The
Speaker
Provincial
Assembly of Sindh
Sir,
(A)
I
have the honour to inform you that I have found it my duty, in the exercise of
my powers under section _____________ of the
____________________________________________ (Act)
to direct that Mr. ___________________________________ Member of the
Provincial Assembly of Sindh, be arrested or detained for
_______________________ (reason for the arrest or detention as the case may
be).
Mr. __________________________________ Member of the Provincial
Assembly of Sindh was accordingly arrested or taken into custody at
_______________ (time) on ______________ (date) and is at present lodged in the
________________________ (place) Jail.
(B)
I have the honour
to inform you that Mr. _______________________ Member of the
Provincial Assembly of Sindh, was tried at the________________
Court before me on a charge (or charges) of
__________________________ (nature of offence charged).
On ________________ (date) after
trial lasting for ____________ days, I found him guilty of _______________ and
sentenced him to imprisonment for ____________ (period).
(His application for leave to appeal to __________ is pending consideration).
(C)
I have the honour to inform you that Mr.
_______________________ Member of the Provincial Assembly of Sindh, who was
convicted on ___________________, (date) and imprisoned for ________________
(nature of offence for which convicted) was released on bail pending appeal
(or, as the case may be) released on the sentence being set aside on an appeal
on the _____________ (date).
(D)
I have the honour to
inform you that Mr. _____________________ Member of the Provincial Assembly of
Sindh, who was arrested/taken into custody on ________, (date) under section
________ (Name of the Law) of _________ was released on bail by me
____________(Name/designation) on __________ (date)
Yours
faithfully,
(Judge,
Magistrate or Executive Authority)
FIFTH SCHEDULE
(see rule 163)
PROCEDURE FOR THE HOLDING OF ELECTIONS
BY MEANS OF A SINGLE TRANSFERABLE VOTE
(1) “continuing candidate”
means candidate not elected or not excluded from the poll at any given time;
(2) “exhausted papers” means ballot papers on which no
further preference is recorded for a
continuing candidate; provided that a paper shall also be
deemed to be exhausted in any
case in which
–
(a) the
names of two or more candidates, whether continuing or not, are marked with the
same figure and are next in the order of preference; or
(b) the name of
candidate next in order of preference,
whether continuing or not, is marked –
(i) by a
figure not following consecutively after some other figure on
the ballot paper; or
(ii) by two or more
figures;
The fact that a voter has not marked every preference correctly does not
invalidate the whole of his preference. His paper is only treated as exhausted
when the wrongly marked preference is reached. The following are examples:-
A1
A1
B2
B2
(1)
C2
(2) C2
D3
D5
E4
E6
F
In case (1) the preference for A and B would be valid. If the third preference
were reached, the paper would be treated as exhausted, as it would be
impossible to say for which candidate the voter really intended to give his
third preference. In case (2) the preference for A, B and C would be valid, but
not the latter ones whether D had been elected or excluded or was still a
continuing candidate. It is possible that the voter meant to give a fourth
preference for other candidate, e.g. F, but omitted to do so. It would not be
possible to treat 5 as being meant to be 4.
(3) “first
preference” means the figure “1” used opposite the name of any candidate,
“second preference” similarly means the figure “2”, “third preference”, the
figure “3”, and so on;
(4) “original
votes” in regard to any candidate means the votes derived from ballot-papers on
which a first preference is recorded for such candidate;
(5) “paragraph”
means a paragraph of this Schedule;
(6) “surplus”
means the number by which the value of the votes of any candidate, original and
transferred, exceeds the quota as defined in paragraph XI;
(7) “transferred votes” in regard to any candidate means votes, the value or
part of the value of which is credited to such candidate and which are derived
from ballot-papers on which a second or subsequent preference is recorded for such candidate; and
(8) “unexhausted papers”
means ballot-papers on which a further preference is recorded for a continuing
candidate.
PROPOSAL OF CANDIDATES
II.
(1) When it is proposed to hold any
election under the rules, the Speaker will appoint a period within which notice
may be given by any member desirous of proposing a member or members for
election to the Committee.
(2) The notice shall be signed by the
member giving notice who must satisfy himself that the members he suggests are
willing to serve, if elected.
(3) If, on the expiration of the
period appointed under clause (1), the number of candidates is less than the
number of vacancies to be filled, the Speaker will appoint a further period
within which the notice aforesaid may be given, and may thereafter appoint
additional further periods until the number of candidates is not less than the
number of vacancies to be filled.
(4) If, on the expiration of the
period appointed under clause (1) or of any further period appointed under
clause (3), the number of candidates is equal to the number of vacancies to be
filled, the Speaker shall declare all the candidates to be duly elected.
(5) If, on the expiration of any such
period, the number of candidates exceeds the number of vacancies, the Speaker
will appoint a date for the holding of an election in the manner hereinafter
prescribed, and shall cause notice to be given of the date so appointed and of
the names of the candidates.
VOTING
III. (1) All
members shall be entitled to vote.
(2) No
vote shall be given by proxy.
IV. The
Secretary shall act as Returning Officer, and shall, subject to the provisions
of this Schedule, do all things necessary for the
conduct of the election.
V. (1) The
voting shall be by ballot. The Returning Officer shall ensure that the person
desiring to vote is a member who has not already voted, and shall enter his
name upon the counterfoil of a ballot-paper in a ballot-paper book which shall
be provided for the purpose of the election, and shall then tear
out the ballot-paper corresponding to that counterfoil, and having initialed
the ballot with his initials on the
back thereof, shall hand it to the member. Every ballot-paper shall contain the
names of all the candidates for election in the Form annexed to this Schedule.
(2) When
a member has received a ballot-paper, he shall take the paper to a desk provided
for the purpose and signify in the manner hereinafter provided for whom he
desires to vote. The member shall then fold the ballot-paper so that the
Returning Officer’s initials thereon may be visible, and having held up the
ballot-paper in such manner as to enable the Returning Officer to see the
initials, shall drop the ballot-paper in a
ballot-box to be placed in front of the Returning Officer.
(3) If a member inadvertently spoils a ballot-paper, he may return it to the Returning Officer, who shall, if satisfied of such
inadvertence, give him another paper and retain
the spoiled paper, and this spoiled paper shall be
immediately cancelled and the fact of such cancellation shall be noted upon the
counterfoil.
VI. Each member
shall have one vote only. A member in giving his vote –
(a) must
place on his ballot-paper the figure “1” in the square opposite the name of the
candidate for whom he votes;
(b) may,
in addition, place on his ballot-paper the figure “2” or the figure “2” and
“3”, or “2”, “3” and “4” and so on, in the square opposite the names of other
candidates in the order of his preference.
VII. A. ballot-paper shall be invalid –
(a) upon
which a member signs his name or writes any word or makes any mark by which it
becomes recognizable; or
(b) which does not bear the Returning
Officer’s initials; or
(c) on
which the figure “1” is not marked; or
(d) on which
the figure “1” is set opposite the name of more than one candidate; or
(e) on
which the figure “1” and some other figure is set opposite the name of the same
candidate; or
(f) which
is unmarked or is void for uncertainty.
THE COUNTING OF VOTES
VIII. The
ballot-papers shall be examined and the Returning Officer, after rejecting any
invalid ballot-paper shall divide the remaining papers into parcels according
to the first preferences recorded for each candidate. He shall then count the
number of papers in each parcel.
IX. In carrying out the provisions of the paragraphs hereinafter contained,
the Returning Officer shall –
(a) disregard
all fractions;
(b) ignore
all preferences recorded for candidates already elected or excluded from the
poll.
X.
For the purpose of facilitating the processes prescribed in the paragraphs
hereinafter contained, each valid ballot-paper shall be deemed to be of the
value of one hundred.
XI. The Returning Officer shall add together the values of the papers
in all the parcels and divide the total by a number
exceeding by one the number of vacancies to be filled and the result increased
by one shall be the number sufficient to secure the return of a candidate
(hereinafter called the quota).
XII. If at any time a number of candidates equal to the number of persons to
be elected has obtained the quota, such candidates shall be treated as elected,
and no further steps shall be taken.
XIII.
(1) Any candidate the value of whose
parcel, on the first preference being counted, is equal to or greater than the
quota, shall be declared elected.
(2)
If the value of the papers in any such parcel is equal to the quota, the papers
shall be set aside as finally dealt with.
(3)
If the value of the papers in any such parcel is greater than the quota, the
surplus shall be transferred to the continuing candidates indicated on the
ballot-papers as next in the order of the voter’s preference, in the manner
prescribed in the following paragraphs.
XIV.
(1) If and whenever as the result of
any operation prescribed by these paragraphs, a candidate has a surplus, that
surplus shall be transferred in accordance with the provisions of this
paragraph.
(2)
If more than one candidate has a surplus, the largest surplus shall be dealt
with first and the others in order of magnitude:
Provided that every
surplus arising on the first count of votes shall be dealt with before the
surplus arising on the second count, and so on.
(3) Where
two or more surpluses are equal, the Returning Officer shall decide, as
hereinafter provided in paragraph XIX, which shall first be dealt with.
(4)
(a) If the surplus
of any candidate to be transferred arises from original votes only, the
Returning Officer shall examine all the papers in the parcel belonging to the
candidate whose surplus is to be transferred, and divide the unexhausted papers
into sub-parcels according to the next preferences recorded thereon. He shall
also make a separate sub-parcel of the exhausted papers.
(b) He shall ascertain the value
of the papers in each sub-parcel and of all the unexhausted papers.
(c) If the value of the unexhausted papers is
equal to or less than the surplus, he shall transfer all the unexhausted papers
at the value at which they were received by the candidate whose surplus is
being transferred.
(d) If the value of the unexhausted papers
is greater than the surplus, he shall transfer the sub-parcels of unexhausted
papers, and the value at which each paper shall be transferred shall be
ascertained by dividing the surplus by the total number of unexhausted papers.
(5)
If the surplus of any candidate to be transferred arises from transferred as
well as original votes, the Returning Officer shall re-examine all the papers
in the sub-parcel last transferred to the candidate, and divide the unexhausted
papers into sub-parcels according to the next preferences recorded thereon. He
shall thereupon deal with the sub-parcels
in the same manner as is provided in the case of
sub-parcels referred to in clause (4).
(6) The
papers transferred to each candidate shall be added in the form of a sub-parcel
to the papers already belonging to such candidate.
(7)
All papers in the parcel or sub-parcels of an elected candidate not transferred
under this paragraph shall be set aside as finally dealt with.
XV.
(1) If after all surpluses have been
transferred, as hereinbefore directed, less than the number of candidates
required has been elected, the Returning Officer
shall exclude from the pool the candidate lowest on the
pool and shall distribute his
unexhausted papers among the continuing candidates according to the next
preferences recorded thereon. Any exhausted papers shall be set aside as
finally dealt with.
(2) The
papers containing original votes of an excluded candidate shall first be
transferred, the transfer value of each paper being one hundred.
(3) The
papers containing transferred votes of an excluded candidate shall then be
transferred in the order of the transfers in which and at the value of which he
obtained them.
(4) Each of such transfer shall be
deemed to be a separate transfer.
(5) The process directed by this paragraph shall be repeated on the
successive exclusions one after another of the candidate lowest on the pool
until the last vacancy is filled either by the election of a candidate with the
quota or as hereinafter provided.
XVI. If as the result of
a transfer of papers under the provisions of this Schedule, the value of the
votes obtained by a candidate is equal to or greater than the quota, the
transfer then proceeding shall be completed, but no further papers shall be
transferred to him.
XVII.
(1) If after the completion of any
transfer under these paragraphs the value of the votes of any candidate shall
be equal to or greater than the quota, he shall be declared elected.
(2) If the value of the votes of any such candidate shall be equal to the quota,
the whole of the papers on which such votes are recorded shall be set aside as
finally dealt with.
(3) If the value
of the votes of any such candidate shall be greater than the quota, his surplus
shall thereupon be distributed in the manner hereinbefore provided, before the
exclusion of any other candidate.
XVIII. (1) When
the number of continuing candidates is reduced to the number of vacancies
remaining unfilled, the continuing candidate shall be declared elected.
(2)
When only one vacancy remains unfilled and the value of the votes of some one
continuing candidate exceeds the total value of the votes of the other
continuing candidates, together with any surplus not transferred, that
candidate shall be declared elected.
(3) When only one vacancy
remains unfilled and there are only two continuing candidates and those two
candidates have each the same value of votes and no surplus remains capable of
transfer, one candidate shall be declared excluded under the next succeeding paragraph
and the other declared elected.
XIX. If, when there is more
than one surplus to distribute, two or more surpluses are equal, or if at any
time it becomes necessary to exclude a candidate and two or more candidates
have the same value of votes and are lowest on the pool, regard shall be had to
the original votes of each candidate, and the candidate for whom lowest
original votes are recorded shall have his surplus first distributed, or shall
first be excluded, as the case may be. If the values of their original votes
are equal, the Returning Officer shall decide by lot which candidate shall have
his surplus distributed or be excluded.
FORM OF BALLOT PAPER
(Form of front of Ballot Paper)
Counterfoil
No. Order of
preference Names
of Candidates
Sajid Ahmed
Muhammad
Mian
Muhammad
Ali
Bashir
Ahmed
Sheeraz
Ahmed
Shafquat
Ali
|
Note: The
counterfoil must show the number corresponding to this on the back of the
ballot paper. |
INSTRUCTIONS TO MEMBERS
(Form of back of Ballot Paper)
A. Each member has one vote and
one vote only.
B. The member votes–
by placing the figure “1” opposite the name of his first choice. He is also
invited to place–
(i) the figure “2” opposite the name of
his second choice;
(ii) the figure
“3” opposite the name of his third choice, and so on, numbering as many
candidates as he pleases in order of his preference. The number of preferences
is not necessarily restricted to the number of vacancies.
Note:
The vote will be spoilt if the figure “1” is placed opposite the name of more
than one candidate.
No.
________________________
________________________
|
Note: The number on the back of the ballot-paper is to
correspond with that on the counterfoil. |
APPENDIX
ILLUSTRATIVE ELECTION
EXAMPLE OF
AN ELECTION CONDUCTED ON THE SYSTEM OF A SINGLE TRANSFERABLE VOTE IN ACCORDANCE
WITH THE PRECEDING PARAGRAPHS
Assuming that there are seven
members to be elected, sixteen candidates, and one hundred and forty electors.
The valid ballot papers are arranged in separate parcels according to the first
preference recorded for each candidates, and the papers in each parcel counted.
Let it be assumed that the result is as follows:-
A .. .. .. 12
B .. .. ..
8
C .. .. .. 6
D .. .. .. 9
E ..
.. .. 10
F .. .. .. 7
G .. ..
.. 4
H .. .. .. 19
I .. .. .. 13
J .. .. .. 5
K .. .. ..
14
L .. .. ..
8
M .. .. .. 10
N .. .. .. 6
O .. .. .. 4
P .. .. .. 5
___
Total 140
Each valid ballot paper is deemed to be of the value of one hundred and
the values of the votes obtained by the respective candidates are as shown in
the first column of the result sheet.
The
values of all the papers are added together and the total 14,000 is divided by
eight (if the number which exceeds by one the number of vacancies to be filled)
and 1,751 (of the quotient, 1,750, increased by one) is the number sufficient
to secure the return of a number and is called the quota. The operation may be
shown thus –
Quota = 14,000 +1 = 1,750+1 = 1,751
8
The
candidate H, the value of whose votes, exceeds quota, is declared elected.
As the value of the papers in H’s parcel exceeds the quota, this surplus must
be transferred. His surplus is 149 (if 1,900 less 1,751).
The
surplus arises from original votes, and, therefore, the whole of H’s papers are
divided into sub-parcels according to the next preferences recorded thereon, a
separate parcel of the exhausted papers being also made.
Let
it be assumed that the result is as follows –
Papers
(B)
is marked as next available preference
on
7
(D)
is marked as next available preference
on
4
(E)
is marked as next available preference
on
4
(F)
is marked as next available preference
on
3
__
Total
of unexhausted
papers
18
––
Number of exhausted
papers
1
––
Total
of papers 19
THE VALUES OF THE PAPERS IN THE SUB-PARCELS
ARE AS FOLLOWS
(B)
..
..
..
700
(D)
..
..
..
400
(E)
..
..
.. 400
(F)
..
..
.. 300
Total
value of unexhausted
papers 1,800
––––––
Value
of exhausted
papers
100
––––––
Total
value of
papers
1,900
––––––
The value of the unexhausted papers is 1,800 and is greater than the surplus.
This surplus is, therefore, transferred as follows:-
All the papers are transferred, but at a reduced value, which is ascertained by
dividing the surplus by number of unexhausted papers.
The reduced value of all the papers, when added together, with the
addition of any value lost as the result of the neglect of fractions, equals
the surplus. In this case the new value of each paper transferred is –
149 (the
surplus) = 8, the residue of the value, 92, being
18 (the number of
unexhausted papers) required by H for the purpose of constituting his quota, if one
exhausted paper (value 100) plus the value (1,656) of 18
unexhausted papers.
The values of the sub-parcels transferred are –
B=56
(i.e. seven papers at the value of 8)
D=32
(i.e. four papers at the value of 8).
E=32
(i.e. four papers at the value of 8).
F=24
(i.e. three papers at the value of 8).
THESE
OPERATIONS CAN BE SHOWN ON A TRANSFER SHEET AS FOLLOWS:-
Transfer Sheet –
Value of surplus H’s to be
transferred 149
Number of papers in H’s
parcel 19
Value of each paper in
parcel 100
Number of unexhausted
papers 18
Value of unexhausted
papers 1800
New value of each paper
transferred Surplus . = 149 = 8
Number of unexhausted
papers 18
Name of
candidates
Number of
marked as the
next papers
to be value
of sub-parcel
available
preference transferred
to be transferred
B 7
56
D 4
32
E
4
32
F 3
24
Total 18
144
Number of
exhausted
1 ...
papers Loss of value
owing to
neglect of fractions 5
Total 19 149
The values of the sub-parcels are added to the values of the votes already
credited to the candidates, B, D, E and F. This operation is shown on the
result sheet.
There being no further surplus the candidates lowest on the poll has now to be
excluded. G and O both have 400.
The Returning Officer casts lots and G is chosen to be excluded.
Being original votes, G’s papers are transferred at the value of 100 each. A
who was marked as next preference on two papers receives 200, while D and E
were each next preference on one paper and received 100 each. O now being
lowest is next excluded and his 400 is similarly transferred to I, B and K, I
receiving 200 and B and K 100 each.
This leaves J and P lowest with 500 each and J is chosen by lot for exclusion
first. His papers are transferred at the value of 100 each to A, B, D and I,
the first three names receiving 100 each, and I who had the next preference on
two papers receiving 200. P is then excluded and his papers are transferred to
E, L and K, the first two names receiving 100 each, and K, who had the next
preference on three papers, receiving 300.
K now exceeds the quota and is declared elected.
Prior
to further exclusions, K’s surplus of 49 has to be distributed.
The
sub-parcel last transferred to K consisted of 3 votes transferred at the value
of 100 each. This sub-parcel is examined; there are no exhausted papers and B,
F and I are each next preference on one paper; and one paper is transferred to
each of them at a reduced value determined by dividing the surplus (49) by the
number of exhausted paper (3) B, F and I accordingly receive 16 each.
The
process of exclusion is now proceeded with. C and N have 600 each, and C is
chosen by lot for exclusion first. He has 6 original votes; B, D and E are each
next preference on two papers, and each receives 200. E is then excluded. A is
next preference on 3 of his papers, and receives 300; F, I and L are each next
preference on one paper and receive 100 each.
This
brings A and I above the quota and they are declared elected. Their surpluses
have now to be distributed and I’s surplus which is the larger, 65, is dealt
with first.
The last sub-parcel transferred to I consisted one paper transferred at the
value of 100; D is next preference on this paper, and receives the whole
surplus of 65.
A’s surplus of 49 is then dealt with. The last sub-parcel transferred to him
consisted of 3 papers transferred at the value of 100 each. B was next
preference on two of these papers and E on one, and the papers are transferred
accordingly. The value to be transferred is 16 per paper, if the surplus
divided by the number of the unexhausted papers (3), B accordingly receives 32
and E 16.
No other candidate having reached the quota, the process of exclusion is
proceeded with and F, who is now lowest with 840, is excluded.
H’s seven original votes are transferred first, B, D and E are next preference
on three, two and two papers, respectively, and receive respectively 300, 200
and 200.
The transferred votes are next transferred in the order of their transfers to
F. The 3 votes received at the value of eight each at the distribution of H’s
surplus are transferred at the same value to L who was next preference on all 3
papers. The two votes, received at the value of eight each at the distribution
of K’s surplus, go at the same value to M, who was next preference on each
paper. The vote transferred at the value of 100 on the exclusion of N is then
transferred at the same value to D, who thus receives a total of 300.
No continuing candidate having yet reached the surplus, M, who is now lowest
with 1,016 is excluded.
H’s ten original votes are transferred first, B and D are, first preference on
three papers each, and E and L on two each, B and D accordingly receive 300
each and E and L 200 each.
This brings B, D and E above the quota and they are declared elected. The
requisite number of candidates having now been elected, the election is at an
end, and it is unnecessary to proceed to the transfer of M’s transferred votes.
Full details are shown in the result sheet.
RESULT SHEET
Value of
votes =
4,000
Quota (14,000/8)+1 = 1,751
|
|
Value of Votes at 1stcount |
Distribution of H’s Surplus |
Result |
Distribution of votes of G
& O |
Result |
Distribution of Votes of J & P |
Result |
Distribution of K’s surplus |
|
Distributionof Votes of C & N |
Result |
Distribution of Votes of A & I |
Result |
Distributionof F’s Vote |
Result |
Distributionof M’s Votes |
Result |
Result of Election |
|
A.. |
1,200 |
.. |
1,200 |
+200 |
1,400 |
+100 |
1,500 |
.. |
1,500 |
+300 |
1,800 |
-49 |
1,751 |
.. |
1,751 |
.. |
1,751 |
Elected |
|
B.. |
800 |
+56 |
856 |
+100 |
956 |
+100 |
1,056 |
+16 |
1,072 |
+200 |
1,272 |
+32 |
1,304 |
+300 |
1,604 |
+300 |
1,904 |
Elected |
|
C.. |
600 |
.. |
600 |
.. |
600 |
.. |
600 |
.. |
600 |
-600 |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
Not elected. |
|
D.. |
900 |
+32 |
932 |
+100 |
1,032 |
+100 |
1,132 |
.. |
1,132 |
+200 |
1,332 |
+65 |
1,397 |
+300 |
1,697 |
+300 |
1,997 |
Elected |
|
E.. |
1,000 |
+32 |
1,032 |
+100 |
1,132 |
+100 |
1,232 |
.. |
1,232 |
+200 |
1,432 |
+16 |
1,448 |
+200 |
1,648 |
+200 |
1,848 |
Elected |
|
F.. |
700 |
+24 |
724 |
|
724 |
.. |
724 |
+16 |
740 |
+100 |
840 |
.. |
840 |
-840 |
.. |
.. |
.. |
Not elected. |
|
G.. |
400 |
.. |
400 |
-400 |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
Not elected. |
|
H.. |
1,900 |
-149 |
1,751 |
.. |
1,751 |
.. |
1,751 |
.. |
1,751 |
.. |
1,751 |
.. |
1,751 |
.. |
1,751 |
.. |
1,751 |
Elected |
|
I.. |
1,300 |
.. |
1,300 |
+200 |
1,500 |
+200 |
1,700 |
+16 |
1,716 |
+100 |
1,816 |
-65 |
1,751 |
.. |
1,751 |
.. |
1,751 |
Elected |
|
J.. |
500 |
.. |
500 |
.. |
500 |
-500 |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
Not elected. |
|
K.. |
1,400 |
.. |
1,400 |
+100 |
1,500 |
+300 |
1,800 |
-49 |
1,751 |
.. |
1,751 |
.. |
1,751 |
.. |
1751 |
.. |
1,751 |
Elected. |
|
L.. |
800 |
.. |
800 |
.. |
800 |
+100 |
900 |
.. |
900 |
+100 |
1,000 |
.. |
1,000 |
+24 |
1,024 |
+200 |
1,224 |
Not elected. |
|
M.. |
1,000 |
.. |
1,000 |
.. |
1,000 |
.. |
1,000 |
.. |
1,000 |
.. |
1,000 |
.. |
1,000 |
+16 |
1,016 |
-1000 |
16 |
Not elected. |
|
N.. |
600 |
.. |
600 |
.. |
600 |
.. |
600 |
.. |
600 |
-600 |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
Not
elected. |
|
O.. |
400 |
.. |
400 |
-400 |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
Not elected. |
|
P.. |
500 |
.. |
500 |
.. |
500 |
-500 |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
.. |
Not elected. |
|
Less of value by neglect of fraction |
.. |
-5 |
5 |
.. |
5 |
.. |
5 |
-1 |
6 |
.. |
6 |
-1 |
7 |
.. |
7 |
.. |
7 |
|
|
Total: |
14,000 |
.. |
14,000 |
.. |
14,000 |
.. |
14,000 |
.. |
14,000 |
.. |
14,000 |
.. |
14,000 |
.. |
14,000 |
.. |
14,000 |
|
SIXTH SCHEDULE
PROCEDURE REGARDING DIVISIONS
(see rule 229)
1. The Speaker will order a Division to
be held by uttering the word “Division” and shall direct that the Division bells
be rung for five 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 members lobby will be locked and the staff posted at each gate will not
allow any entry or exit through these gates 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. On reaching the desk of the tellers, each
member will, in turn, call out the division number which has been 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 numbers will be marked on the seat-card of each
member.
3. When the voting process as described above
is completed in the Division’s lobbies, the tellers will present their Division
lists to the Secretary who will count the votes recorded thereon and then
present the total of the “Ayes” and the “Noes” to the Speaker who will then
announce the result to the Assembly. The Division will not be at an end until
the result is so announced. if the number of “Ayes” and “Noes” are equal, the
question will be decided by the casting vote of the Speaker.
4. In
case a member’s vote has been recorded both in Ayes and Noes, the Speaker shall
ask him which side he intended to vote and a correction shall be made
accordingly.
G.M.
UMAR FAROOQ
SECRETARY
PROVINCIAL
ASSEMBLY OF SINDH
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home