Chapter XII - PART-I INTRODUCTION OF BILS. SECTION (A) PRIVATE MEMBERS, BILLS


 

 

CHAPTER XII.

PART-I INTRODUCTION OF BILLS.

SECTION (A) PRIVATE MEMBERS BILLS.

Notice of Private Members’ Bills.

78.    (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 otherwise not in order.

Introduction of Private Members’ Bills.

79.      (1) Motion for leave to introduce private Member’s Bills shall be set down in Orders of the Day for a day meant for private Members’ business.

            (2) If a motion for leave to introduce a Bill is opposed, the Speaker, after permitting, if he so thinks fit, a brief explanatory statement by the Member seeking leave and by the

 

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

2.Rule 78 substituted vide Notification No.PAB/ Legis: I (03)/2013 dated 5th September, 2013.

Member or the Minister opposing it, may without further debate put the question.

            (3) If leave is granted, the Member–in–Charge shall introduce the Bill.

 

SECTION (B) – GOVERNMENT BILLS.

Notice of Government Bills.

80.       (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)  x   x   x   x   x   x   x   x   x   x   x   x   x   x  

             (4) The introduction of the Bill shall be included in the Orders of the Day for a day meant for Government business.

             (5) When the item is called, the Member– in–Charge shall introduce the Bill.

           (6) 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.

Bills passed by the Parliament.

80-A    (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 Minister-in-Charge of the Bill.

            (2) A Minister or Parliamentary Secretary may give notice to the Secretary for including such a Bill in the Orders of the Day and the Secretary shall do so as soon as may be.

            (3) On the day fixed for the consideration for the Bill the Minister-in-charge or Parliamentary Secretary shall move that the Bill may be taken into consideration at once.

            (4) After the reconsideration, or consideration, as the case may be, a motion shall be put before the House by the Speaker, that the Bill be passed.

 

1-Rule 80(2) &80(6) substituted & Rule 80(3) omitted vide Notification No. PAB/ Legis: I(03)/2013 dated 5th September, 2003.

2-Rule 80-A added vide Notification No. Legis: I(15)/85 dated 15th August, 1985.

3.Rule 80-A(2) &(3) substituted vide Notification No. Legis: I(15)/85 dated 3rd October, 1995.

            (5) The decision of the Assembly shall be intimated by the Secretary to the National Assembly and the Senate.


 

PART II - PUBLICATION OF BILLS.

Publication of Bills.

81.     (1) The Secretary shall cause every Bill that has been introduced including an Ordinance laid before the Assembly as adopted, together with its Statement of Objects and Reasons, to be published in the Gazette as early as possible.

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

 

PART III - CONSIDERATION OF BILLS

SECTION (A) – FINANCE BILL.

Finance Bill.

82.     In this section ‘Finance Bill’ means the Bill introduced in each year to give effect to the financial proposals of the Provincial Government for the next financial year, and includes a Bill to give effect to supplementary financial proposals for any period.

Allotment of days for stages of the Finance Bill.

83.      (1) At any time after the introduction of the Finance Bill but not before the expiry of three clear days from the supply of its copies to Members, the Speaker may allot a day or days, jointly or severally, for the completion of all or any of the stages involved in the passage of the Bill by the Assembly.

            (2) On the allotted day, or, as the case may be, the last of allotted days, at the time when the meeting is to terminate, the Speaker shall forthwith put every question necessary to dispose of all the outstanding matters in connection with the stage or stages for which the day or days have been allotted:

            Provided that if the Minister having a right of reply the debate has not commenced his reply on the motion at an hour half–an–hour before the said time, the Speaker shall inquire how much time not exceeding half-an–hour he requires for his reply and shall call upon any Member for the time being addressing the Assembly to resume his seat at such time as to make available that much time to the Minister for his reply.

           (3) Where the question or one of the questions required by sub-rule (2), to be put at the time when the meeting is to terminate is that the Bill be passed sub-rule (2) shall have effect notwithstanding that amendments to the Bill have been made.

           (4) Subject to the proviso to sub-rule (2), the Speaker may, if he thinks fit, prescribe a time limit for speeches at all or any of the stages for which a day or days have been allotted under that sub-rule.

           (5) On a motion that the Finance Bill be taken into consideration, the Assembly may discuss matters relating to the general administration, local grievances within the sphere of the responsibility of the Provincial Government or financial policy of the Government.

            (6) In other respects the rules applicable to Bills in Section (B) shall apply.

            (7) Notwithstanding anything contained in these rules on the day or days allotted for the consideration and passage of the Finance Bill, no other business shall be taken up except with the consent of the Speaker:

            Provided that nothing in this rule shall be deemed to prohibit the asking and answering of questions during the time allowed under these rules. 

 

SECTION (B) –OTHER BILLS.

Reference of Bills to Standing Committees.

84.   Upon introduction, a Bill (including an Ordinance laid before the Assembly) shall be referred by the Speaker to the appropriate Standing Committee with direction 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 85 shall apply as if the report of the Standing Committee on the Bill were presented on the day on which the motion is carried.

Time for consideration of Bills.

 

85.     (1) When a Bill has been received back from a Standing Committee, or when the time fixed for the Standing Committee to send it back has expired, the Secretary shall cause copies of the Bill as introduced, together with modifications, if any, to each Member not later than seven days after the receipt back or expiry of time, as the case may be, and shall, subject to Rules 25 and 26 of these rules, set down the Bill on the Orders of the Day, if the notice of a motion under Rule 86 has been received.

            (2) The day on which a motion under rule 86 may be moved shall be such that at least three clear days shall intervene between the issue of copies of the Bill to the Members and the consideration of the motion.

Motion to be made by Member-in-Charge.

86.      On the day appointed under Rule 85, or on any subsequent day to which the matter might have been adjourned, the Member–in-Charge may make any one of the following motions in regard to his Bill, namely-

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

(b)     that it be taken into consideration by the Assembly 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 public opinion thereon by a date to be specified in the motion.

Persons by whom motion in respect of Bills may be made. 

87.    No motion that a Bill be taken into consideration shall be made by any Member other than the Member–in–Charge of the Bill, and no motion that a Bill be referred to a Select Committee or be circulated for the purpose of eliciting opinion thereon shall be made by any Member other than the Member–in–Charge except by way of amendment to a motion made by the Member-in-Charge.

Bills repugnant to the injunctions of Islam.

88.    (1) If a Member raises the objection that a Bill as a whole, or any part of the Bill, is repugnant to the Injunctions of Islam, the Assembly may, by a motion passed by not less than two–fifth of its total membership, refer the question to the Council of Islamic Ideology for advice whether the Bill or any part thereof is or is not repugnant to the Injunctions of Islam. On receipt of the advice of the Council of Islamic Ideology, the Secretary shall supply a copy of the advice to every Member and thereafter the Member-in–Charge may, after giving seven clear days’ notice, make one of the motions referred to in Rule 86.

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

            Provided that if the advice of the Council of Islamic Ideology is to the effect that the law is repugnant to the Injunction of Islam, the Minister concerned shall, if the Assembly is in session, within seven days of the receipt of advice and if the Assembly be not in session, at the first opportunity in the next session, move that the law be re-considered and further action thereon shall be taken in accordance with the provisions of this chapter as if the law were a Bill referred to the Standing Committee under Rule 84.

Discussion of principles of Bill.

89.      (1) On the day on which any of the motion referred to in Rule 86 is made, or on any subsequent day to which the discussion thereof is postponed, the principles of the Bill and its general provisions may be discussed but details of the Bill must not be discussed further than is necessary to explain its principles.

            (2) At this stage no amendments to the Bill may be moved but-

(a)     If the Member-in–Charge moves that the Bill be taken into consideration, any Member may move as an amendment that the Bill be referred to a Select Committee or be circulated for the purpose of eliciting public opinion thereon by a day 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 as an amendment that the Bill be circulated for the purpose of eliciting public 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 public opinion thereon is carried, and the Bill is circulated in accordance with that direction and opinions are received thereon, the Member-in–Charge, if he wishes to proceed with his Bill thereafter, may move that the Bill be referred to a Select Committee or that the Bill be taken into consideration.

Procedure after presentation of report.

90.   (1) After the presentation of the final report of a Select Committee on a Bill, the Member-in-Charge may move-

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

                               Provided that any Member may object to its being so taken into consideration if a copy of the report has not been made available for the use of Members for three days before the motion is made, and such objection shall prevail unless the Speaker allows the Bill to be taken into consideration; or

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

(i) with respect to particular clauses or amendment only; or

(ii) with instructions to the Select Committee to make some particular or additional provision in the Bill; or

(c)   that the Bill as reported by the Select Committee be circulated for the purpose of obtaining public opinion thereon.

            (2) If the Member–in–Charge moves that the Bill be taken into consideration, any Member may move as an amendment that the Bill be re-committed or circulated for the purpose of obtaining public opinion thereon.

Amendments.

91.  (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.

 

Rule 91 substituted vide Notification No.PAB/Legis:I(03)/2013 dated 5th September, 2013.

            (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.

Rules as to amendments.

92.     (1) An amendment must be relevant to the subject matter of the Bill and to the subject matter of the clause to which it relates.

           (2) An amendment must not be worded in such a way as to make the clause which it proposes to amend un-intelligible or un-grammatical.

           (3) If the amendment is one which cannot be moved except by or with the consent of the Provincial Government, the notice of such amendment shall be accompanied by such consent. If the question arises whether an amendment does or does not require the consent of the Provincial Government, the question shall be decided by the Speaker whose decision shall be final.

Notice of amendments.

93.   (1) If  notice  of  a  new  clause  or  a proposed amendment  has  not been given two clear days before the day on which the new clause is moved or consideration of the clause to which the amendment is proposed, is commenced, any Member may object to the moving of the new clause or the amendment, and such objection shall prevail unless the Speaker allows the new clause or amendment to be moved.

         (2) The Secretary shall, if time permits, cause every such notice to be printed, and a copy thereof to be made available for the use of every Member.

Submission of Bill clause by clause.

 

 

94.   Notwithstanding anything contained in these rules it shall be in the discretion of the Speaker, when a motion that a Bill be taken into consideration has been carried, to submit the Bill or any part of the Bill, to the Assembly clause by clause. When this procedure is adopted, the Speaker shall call each clause separately, and when the amendments relating to it have been dealt with, shall put the question “That this clause (or as the case may be, that this clause as amended) stand part of the Bill”.

Order of amendments.

95.  Amendments shall ordinarily be considered in the following order, namely: -

 

(i)     new clauses are offered first priority being given to clauses moved by the Member-in-Charge of the Bill;

(ii)    amendments to clauses in the order in which if agreed to, they will stand in the amended Bill:

                           Provided that if a proposed amendment be   withdrawn a prior amendment may be moved:

                           Provided further that it shall be in the discretion of the Speaker to allow an amendment to a clause although the Assembly has passed to the subsequent clauses of the Bill;

(iii)   new schedule, if any;

(iv)   original schedule;

(v)    amendments to the preamble, if any; and

(vi)   amendments to the title, if necessary.

Procedure of new clauses.

96.   A Member proposing a new clause on the consideration of Bill, shall in the first instance, ask for leave to move clause, and if leave is given may move it. The question shall then be proposed from the chair “That the clause be considered”. Members may speak in support of or opposing the clause. If the question be affirmed, amendments may be proposed to the clause.  After the amendments have been disposed of, the Speaker shall put the question “That the clause (or the clause as amended, as the case may be,) be added to the Bill”.

 

PART IV-PASSING OF BILL ETC.

Passing of Bill.  

97.      (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 any Member may, direct that the Bill be examined by a Committee consisting of the Minister to whose Department the Bill relates, the Member who introduced the Bill, the Advocate General and the Deputy Speaker or a Member of the panel of chairmen nominated by the Speaker, with a view to report what amendment of a formal or consequential character should be made in the Bill as a matter of drafting. The report shall be presented within such period not exceeding seven days as the Speaker may direct.

            (3) When the report has been presented and the decision of the Assembly on the amendments proposed has been made, 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.

Withdrawal and rejection of Bills.

98.    (1) The Member who has introduced a Bill may, at any stage of the Bill, move for leave to withdraw the Bill, and if such leave is granted, no further motion may be made with reference to the Bill.

            (2) At any stage of a Bill if a motion is made and rejected by the Assembly, the Bill shall be deemed to have been rejected and it shall not be re-introduced within a period of six months from such date.

Submission of Bill to the Governor.

99.     When a Bill is passed by the Assembly, an authenticated copy thereof signed by the Speaker shall be transmitted to the Governor by the Secretary, for assent under Article 116 of the Constitution.

Bill assented to by the Governor.

100.  (1) 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.

            (2) 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 and that any amendment specified in the message, the Secretary shall circulate the message to the Members and shall also send an intimation to that effect to the Minister for Law and to the Minister in-charge.

            (3) 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.

 

 

 

Rule 100 (1)substituted vide Notification  No.PAB/Legis:I(03)/2013, dated 5th September, 2013.

             (4) The Secretary shall, as soon as may be, include the item of reconsideration or consideration, as the case may be, in the Orders of Day.

            (5) The Minister-in-Charge or the Member concerned shall, on the day for which such motion is fixed, shall move that the message shall be taken into consideration by the Assembly at once.

            (6) When after reconsideration or consideration, as the case may be, the Bill is again passed by the Assembly, it shall be dealt with in accordance with rule 99.

 

 

 

PART V.

RESOLUTIONS MENTIONED IN THE CONSTITUTION.

Resolutions under the Constitution.

 

 

 

 

 

 

 

 

101.  (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 Article 144, or under proviso to Article 147, or under proviso to clause (2) of Article 212, or under first 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 XIII.

           (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 (2) of Article 144 or under proviso to clause (2) of Article 212 of the Constitution is

Part V substituted vide Notification No.PAB/Legis:I(03)/2013 dt:5th September, 2013.

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.

 

 

Zero hour.

 

 

 

 

 

 

 

 

 

 

 

 

 

Conditions of Admissibility.

 

CHAPTER XII-A.

ZERO HOUR.

101-A.  (1) The last half an hour of a sitting shall be utilized as “zero hour” other than the days fixed for call attention notices to take up matters of urgent public importance relating to the Government and requiring intervention of the Assembly.

             (2)  A member may give a notice in writing to the Secretary for a matter to be taken up in the zero hour, before commencement of a sitting and after the time for notice of previous zero hour elapsed but the Secretary shall not entertain more than one such notice of a member for the sitting:

             Provided that the Speaker if satisfied about the urgency of the matter dispense with the requirement of the notice and allow it to be raised at any time during the course of a sitting after the disposal of questions.

             (3)  If two or more notices are received for zero hour from two are more members, the Speaker shall decide the order in which such notices shall be taken up for discussion.

            (4)  If the notice under sub-rule (2) does not fulfill the condition mentioned in rule 101-B, the Speaker may afford an opportunity of personal hearing to the member before declaring the said notice inadmissible.

             (5)  The member shall not speak for more than five minutes while raising the matter.

            (6) The   Minister   or   the   Parliamentary   Secretary concerned, if present may respond to the matter raised under sub-rule-(2).

Chapter XII-A inserted vide Notification No.PAB/Legis:I(3)2013,Dated17th April, 2017.

 

              (7) If the Minister or the Parliamentary Secretary concerned is not present, the Speaker may, if necessary, require the Minister or the Parliamentary Secretary concerned to respond to the point raised by the member on a date to be fixed by the Speaker.

101-B. In order that a notice for zero hour may be admissible, it shall satisfy the following conditions:-

(a)   it shall not exceed fifty words;

(b)   it shall not relate to a matter which has been discussed in the same session or which is substantially identical to the matter already raised by a member during the session;

(c)   it shall not raise more than one issue and the issue shall not pertain to trivial matters;

(d)   it shall not contain arguments, inference, ironical expressions, imputations, epithets or defamatory statement;

(e)   it shall not relate to any matter which is sub-Judice;

(f)    it shall relate to matter of recent occurrence;

(g)   it shall not refer to proceedings of the House or a Committee or working of the Assembly Secretariat; and

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