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Chapter XIII - RESOLUTIONS ON MATTERS OF GENERAL PUBLIC INTEREST

Chapter XIII

RESOLUTIONS ON MATTERS OF GENERAL PUBLIC INTEREST

 

114.    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.

 

115.    Notice of resolution.– (1) A private member who wishes to move a resolution shall give [1][fourteen] 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.

 

116.    Form and contents of resolution.– (1) A resolution may be in the form of a declaration of opinion or a recommendation, or convey a message, or commend, urge or request an action, or call attention to a matter or situation for consideration by the Government, or in such other form as the Speaker may consider appropriate.

            (2)        Subject to sub-rule (3), a resolution shall relate to a matter which is primarily the concern of the Government or to a matter in which the Government has substantial financial interest.

            (3)        A resolution seeking to make a recommendation to the Federal Government or to the National Assembly or to communicate the views of the Assembly to that Government or Assembly in a matter which is not primarily the concern of the Government shall be admissible.

            (4)        It shall be clearly and precisely expressed and shall raise substantially one definite issue.

            (5)        It shall not–

            (a)   contain arguments, inferences, ironical expressions or defamatory statements;

            (b)   refer to the conduct or character of a person except in his official or public capacity;

            (c)   relate to any matter which is pending before any court;

            (d)   contain a reflection on the Governor or a Judge of the Supreme Court or of a High Court; or

            (e)   raise discussion which is detrimental to the public interest.

 

117.    Raising discussion on matters before Tribunals, Commissions, etc.– 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.

 

118.    Speaker to decide admissibility of resolution.– (1) The Speaker shall decide whether or not a resolution or a part thereof is admissible under these rules and may disallow any resolution or a part thereof when, in his opinion, it is an abuse of the right of moving a resolution or is calculated to obstruct or prejudicially affect the procedure of the Assembly or is in contravention of any of these rules.

            (2)        The Speaker may admit a resolution after amending it.

 

119.    Moving and withdrawal of resolution.– (1) The member or the Minister 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)        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.

120.    Amendment of resolution.– After a resolution has been moved, a member may, subject to these rules, move an amendment to the resolution.

 

121.    Notice of amendment.– (1) If notice of an amendment has not been given two clear days before the day on which it is moved, a member may object to the moving of the amendment and thereupon the objection shall prevail, unless the Speaker, in his discretion, 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.

 

122.    Withdrawal of resolution or amendment after having been moved.– The member or the Minister, who has moved a resolution or an amendment to a resolution, shall not withdraw the resolution or, as the case may be, the amendment except by leave of the Assembly.

123.    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 twenty minutes each.

 

124.    Scope of discussion.– (1) Subject to sub-rule (2), the discussion on a resolution shall be strictly limited to the subject matter of the resolution.

            (2)        There shall be no discussion on a resolution which has not been opposed.

 

125.    Restriction on moving of resolutions.– When a resolution has been moved and the decision of the Assembly 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.

 

[2][126. Voting and transmission of copies.– (1) Subject to sub-rule (2) of rule 124, on the conclusion of the discussion, the Speaker shall put the resolution or, as the case may be, the resolution as amended, to the vote of the Assembly and if the resolution is 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) If the resolution relates to a Department of the Government, the Department concerned shall, within a period of ninety days from the date of the communication of the resolution by the Assembly Secretariat, apprise the Assembly of the action taken on the resolution.

(3) The Speaker may, on the receipt of the written request of the Department concerned, extend the period mentioned in sub-rule (2) for another ninety days.

            (4) If the Department disagrees to the resolution, it shall submit a detailed report containing reasons to the Assembly and the Assembly may take appropriate action in the matter.]



[1]Substituted for “seven”; this amendment was passed by the Assembly on February 17, 2016; see Notification No.PAP/Legis-1(15)/2013/1380, dated 22 February 2016; published on the same day in the Punjab Gazette (Extraordinary), pp 3937-44.

[2]Substituted for the following:

“126. Voting and transmission of copies.– (1) Subject to sub-rule (2) of rule 124, on the conclusion of the discussion, the Speaker shall put the resolution or, as the case may be, the resolution as amended, to 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 three months from the date of communication of the resolution by the Assembly Secretariat, apprise the Assembly of the action taken on the resolution.”

This amendment was passed by the Assembly on February 17, 2016; see Notification No.PAP/Legis-1(15)/2013/1380, dated 22 February 2016; published on the same day in the Punjab Gazette (Extraordinary), pp 3937-44.

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