Chapter VII - QUESTIONS

Time of Questions.

 

 

 

 

 

 

33.    (1) Except as provided in these rules, the hour of a sitting, after the recitation from the Holy Quran and the swearing in of members, if any, shall be available for the asking and answering of questions.

          (2)   There shall be no question hour on-

(a)   a Saturday, a 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 oath by members generally; and

(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.

Rule 33 substituted vide Notification No.PAB/Legis:I(03)2013 dated 5th September, 2013.

Notice of questions.

34.    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.

Short notice questions.

35.    Questions at short notice shall ordinarily be answered at the termination of the question hour:

           Provided that-

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

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

Form of notice of questions. 

36.    (1) Notice of a 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 an oral answer to his question, shall distinguish it   with an asterisk:

          Provided that if, in the opinion of Speaker, any question put down for oral answer is of such nature that a written reply would be more appropriate, he may direct that such question be placed on the list of questions for written answers.

Notice of admission of questions.

37.    A question shall not be placed on the list of  questions for answer until ten clear days have expired from the day when notice of the admission of the question by the Speaker has been given by the Secretary to the Minister to whom it is addressed.

Number of questions to be put on any one day.

38.     (1) Not more than five starred questions and five unstarred questions from the same Member shall be placed on the list of questions for any one day.

          (2) The questions shall be put on the list of questions in the order in which their notices are received, but a Member may, by notice in writing given at any time before the meeting for which question has been placed on the list, withdraw his question.

 

 

Allotment of days for questions.

39.    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.   

Written Answers to questions not replied.

40.    If any 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 shall be laid on the Table by the Minister ¹[or Parliamentary Secretary] concerned and no oral answer shall be required for such a question nor shall any supplementary question be asked in respect thereof:

           Provided that if Minister concerned is not ready with the answer to that question, the question shall be put for answer on the next day allotted for that Department.

Subject matter of questions.

41.     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.

Matter to which questions shall relate. 

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

Admissibility of questions. 

43.     In order that a question may be admissible, it shall satisfy the following conditions namely:-

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

1.Inserted vide Notification No. Legis: I (15)/85 dated 15th August, 1985.

 

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

(e)   It shall not 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 Provincial Government;

(h)   It shall not ask for information on any matter under the control of bodies or persons not primarily responsible to the Provincial Government, except where the Provincial Government has financial interests in such bodies or persons;

(i)    It shall not ask for information on matter under the consideration of a Committee of the Assembly; nor shall it ask about the proceedings of any such 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 with within the limits of an   answer to question;

(l)    It shall not repeat in substance any question already answered;

(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; and

(p)   It shall not-

(i)    contain any reflection on the conduct of      Governor or any Judge of the High Court in the discharge of his duties; or

(ii)  contain any criticism of the decisions of the Assembly; or

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

(iv) 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; or

(v)   refer discourteously to a foreign country.

Questions relating to the Secretariat of the Assembly.  

44.     Questions relating to the Secretariat of the Assembly, including the conduct of its officers may be asked of the Speaker by means of a private communication and not otherwise.

Speaker to decide admissibility of question.

45.   Within  five  days  from the date of receipt of the notice, the Speaker shall decide on the admissibility of a question and shall disallow any question which, in his opinion is in contravention of these rules, or he may in his discretion, amend it in form.

List of questions.

46.     Questions which have not been disallowed shall be entered in the list of questions for the day along with the answers thereto which are received in the Secretariat of the Assembly at least three clear days before that day and shall be called in the order in which they stand in the list, unless the Speaker changes that order with the leave of the Assembly.

Mode of asking questions ¹[and answering]

47.     (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.

1. Inserted vide Notification No. Legis:I (15)/85 Dt:15th August, 1985.

          (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, at the request of any other Member, may direct that the answer to it be given.

          (4) The question shall be answered by the Minister ¹[or Parliamentary Secretary] concerned.

Supplementary questions.

48.   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 not more than three supplementary questions shall be asked in respect of any question:

 

Provided further that the member who has given notice for asking the question shall have the right to ask the first supplementary question:

 

Provided also that a supplementary question shall be short and precise and shall not be in the form of a speech.


Prohibition of discussion on question or answer.

49.  There shall be no discussion on any question or answer, except as provided by Rule 50.

Discussion on a matter of public importance arising out of answer to a question.

 

 

 

 

 

 

 

 

 

 

Procedure regarding calling attention.

 

 

 

 

 

Admissibility.

 

 

 

 

 

Time of calling attention.

50.    (1) On every Tuesday, the Speaker may on two clear days’ notice being given by a Member, allot one hour for discussion on a matter of public importance which has recently been the subject of a question, starred or un-starred.

1. Inserted vide Notification No. Legis:I(15)/85 Dt:15th August, 1985.

2. All the three (3) Proviso to Rule 48 added Vide Notification No.PAB/Legis: I(3)/2013 dated 5th April, 2018.

 

 

           (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 review the policy of the Government.

          (4) There shall be no voting nor any formal motion in the course of or at the conclusion of such discussion.

CHAPTER VII-A.

CALL ATTENTION NOTICE.

50-A. (1) A Member may, with the consent of Speaker; call the attention of the Minister concerned to any matter of public importance 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 Minister concerned and shall be given in writing to the Secretary not less than twenty-four hours before the commencement of the sitting on the day on which it is proposed to be fixed.

50-B. (1) A question under rule 50-A 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.

50-C. (1) the notice shall be included in the list of Business on Monday and Thursday, in such order as may be determined by the Speaker, in view of the public importance of the question raised thereby.

 

Chapter VII-A inserted vide Notification No.PAB/Legis: I(3)2013, Dated  20th March, 2017

 

        (2) The time for asking and answering such questions shall be fifteen minutes immediately after the question hour.

        (3) Not more than two 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.

 

Mode of raising the question.

 

Restriction on debate.

 

 

Notices to lapse.

 

          (5) A question shall not be asked on the days mentioned in sub rule 2 of rule 33.

50-D. Upon being asked by the Speaker, the member concerned may raise the question and the Minister concerned may answer the question on the same day or on any other day fixed by the Speaker.

50-E. (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.

50-F.  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 off 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.