Updated: Sunday September 18, 2016/AlAhad Thoul Hijjah 16, 1437/Ravivara Bhadra 27, 1938, at 03:40:05 AM

 

PROVINCIAL ASSEMBLY OF SINDH

KARACHI, THE 5TH DECEMBER, 2013   

 

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 Pakistan appointed under Article 168 of the Constitution;

(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 Province of Sindh;

(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 ASSEMBLYCLASSIFICATION

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 Pakistan or such remarks as are likely to prejudice a matter which is sub-judice; 

(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 Pakistan;

 

(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 Province of Sindh shall be laid in the House by a Minister.

 

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 Forest, Wildlife and Environment

Forest, Wildlife and Environment

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, Housing Town Planning

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 Karachi.

(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 Karachi.

(2)       If necessary in the public interest, a sitting may be held outside Karachi, with the prior permission of the Speaker and the Finance Minister.

 

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

267.  NOTICE OF AMENDMENT:–  

(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

 

 

I.         In this Schedule –

(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