Chapter XIII - RESOLUTIONS
CHAPTER XIII
RESOLUTIONS
PA.RT-A - RESOLUTIONS ON MATTERS OF GENERAL PUBLIC INTEREST.
102. Right to move resolution. Subject to provisions of these rules, any Member may move a resolution relating to a matter of general public interest.
103. Notice of resolution (I) A private Member who wishes to move a resolution shall give seven clear days’ notice of his intention to do so 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 clear days’ notice of his intention to do so and shall submit, together with the notice, a copy of the resolution which he intends to move.
104. Forms and contents of resolution (I) Every resolution shall be in the form of a specific recommendation addressed to the Provincial Government.
(2) It shall relate to a matter which is primarily concern of the Provincial Government or to a matter in which the Provincial Government have substantial financial interest:
Provided that a resolution seeking to recommend to the Provincial Government to approach the Federal Government or communicate the views of the Assembly to that Government in a matter which is not primarily concern of the Provincial Government shall be admissible.
(3) It shall be clearly and precisely expressed and shall raise substantially one definite issue.
(4) It shall not contain arguments, inferences, ironical expressions or defamatory statements, nor shall refer to the conduct or character of a person except in his official or public capacity.
(5) It shall not relate to any matter which is under adjudication by a court of law having jurisdiction in any part of .
(6) It shall not contain a reflection on the conduct of the President, Governor or a Judge of the Supreme Court or a High Court in the discharge of his duties.
105. Raising discussion on matters before Tribunals, Commissions etc. No resolution which seeks to 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 appointed to enquire into or investigate any matter or a matter in respect of which any Minister raises any objection on the ground that it is detrimental to the public interest shall be permitted to be moved.
106. 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 Orders of the Day.
107. Moving and withdrawal of resolution. A Member in whose name a resolution stands in the Orders or the Day shall, when called upon, either-
(a) decline to move the resolution in which case he shall confine himself to a mere statement to that effect; or
(b) move the resolution in which case he shall commence his speech by a formal motion in the terms appearing in the Orders of the Day:
Provided that the Member may, with the permission of the Speaker, authorise in writing any other Member to move it on his behalf and the Member so authorised may move the resolution.
108. Amendment of a resolution. After a resolution has been moved, any Member may, subject to these rules, move an amendment to the resolution.
109. Notice of amendment. (1) If notice of an amendment has not been given two clear days before the day on which it is moved, any Member may object to the moving of the amendment and thereupon the objection shall prevail, unless the Speaker allows the amendment to be moved.
(2) The Secretary shall, if time permits, cause every amendment to be printed and a copy thereof to be made available for the use of every Member.
110. Withdrawal of resolution or amendment after being moved. A Member who has moved a resolution or an amendment to a resolution shall not withdraw the resolution or amendment except by leave of the Assembly.
111. Repetition of resolution (1) When a resolution has been moved and the decision of the Assembly given on it, no resolution or amendment raising substantially the same question shall be moved within six months from the date of the moving of the earlier resolution.
(2) When a resolution has been withdrawn with the leave of the Assembly, no resolution raising, substantially the same question shall be moved during the same session.
112. Time limit for speeches. Save with the permission of the Speaker, a speech on a resolution shall not exceed ten minutes, except that the mover of a resolution when moving it, and the Minister concerned may speak for thirty minutes each.
113. Scope of discussion. The discussion on a resolution shall be strictly limited to the subject matter of the resolution.
114. Copy to Department concerned. A copy of every resolution which has been passed by the Assembly shall be forwarded by the Secretary to the Department concerned.
PART-B-CERTAIN STATUTORY RESOLUTIONS.
I15. Certain Statutory resolutions. (I) A Member may give notice of a motion for leave to move a resolution under sub clause (a) of clause (2) of Article 128 or under clause (I) of Article 144 or under proviso to clause (2) of Article 212 of the Constitution.
(2) After the expiry of seven days from the said notice, the Secretary shall cause the said motion to be entered in the Orders of the Day.
(3) As soon as the motion referred to in sub-rule (2) has been moved, the Speaker shall call such Members as may be in favour of the leave being granted to rise in their seats, and if 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 not less than the said number so rise he shall call upon the Member to move the resolution.
(4) If a resolution under proviso to clause (4) of Article 8 of the Constitution is passed, the Secretary shall cause it to be published in the Gazette.
(5) If a resolution under clause (1) of Article 144 or under proviso to clause (2) of Article 212 [xxxx] of the Constitution is passed, the Secretary shall convey the same to the Secretaries of the National Assembly and the Senate.