CHAPTER XV - RESOLUTIONS ON MATTERS OF GENERAL PUBLIC INTEREST
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.