CHAPTER XVI - GENERAL RULES OF PROCEDURE.
CHAPTER XVI
GENERAL RULES OF PROCEDURE.
(A) NOTICE.
176. (1) Save as otherwise provided in these rules, every notice shall be given in writing addressed to the Secretary and signed by the Member giving notice and shall be delivered at the Assembly Secretariat on any working day during office hours.
(2) A notice delivered after office hours or on holidays shall be treated as delivered on next working day.
177. The Secretary shall cause a copy of every notice together with its accompaniments to be made available to every Member and to any other person entitled to take part in the proceedings of the Assembly.
Explanation:- The notice under this rule shall be deemed to have been made available-
( a) when the Assembly is in session by delivering the same at the local address given by the Member or by placing it in the seat allotted to the Member in the Assembly;
( b) when the Assembly is not in session, by sending it by post to the Member’s permanent address.
(B) MOTIONS.
178. (1) A motion shall be put by the Speaker as a question for the decision of the Assembly.
(2) If a motion embodies more than one proposition, separate question shall be put for each proposal.
179. Save as otherwise provided in these rules, a Member who wishes to move a motion shall give seven days notice for a substantive motion and two days notice for any other motion:
Provided that the Speaker may allow a motion to be moved at shorter notice or without notice..
Explanation:- A substantive motion is a self-contained proposal drafted in such a way as to be capable of expressing a decision of the Assembly.
180. (1) Save as otherwise provided in these rules, a motion may be moved only by the Member who has given notice.
(2) motion shall be deemed to have been withdrawn, if not moved.
181. Unless the Speaker permits, no motion shall be moved in a form different from that which was given notice of.
182. Save as otherwise provided in these rules, no motion shall raise a question substantially identical with the question which has been considered by the Assembly in the same session.
183. No motion shall anticipate a matter for the consideration of which a date has been previously appointed.
184. A Member may, at any time before the voting, withdraw his motion with the leave of the Assembly; provided that the motion shall not be withdrawn until its amendment has been disposed of.
(C) AMENDMENTS.
( a) is not relevant to the subject matter of the motion;
( b) has effect of negative vote;
( c) is inconsistent with the previous decision of the Assembly in respect of the same matter at the same stage.
(2) An amendment may be moved to an amendment.
(3) If any amendments are made in a Bill, consequential re-numbering or re-lettering of the clauses, sub-clauses and references thereof shall be carried out and clerical errors rectified by the Secretary under the orders of the Speaker.
(4) The Speaker may put before the Assembly all identical amendments to motion for consideration at a time.
186. The Speaker may:-
( a) put amendments in such order as he may think fit;
( b) refuse to put an amendment which in his opinion, is frivolous, inconsistent or meaningless.
(D) DEBATE
187. (1) A Member desiring to speak on any matter or to raise a point of order or privilege shall rise in his seat or, if unable to do so shall otherwise intimate his desire to the Speaker.
(2) A Member shall speak when called upon by the Speaker to do so and shall address the Assembly standing unless permitted otherwise.
(3) No Member shall leave his seat or speak while the Speaker speaks or rises.
188. Save with the permission of the Speaker, no Member shall read his speech:
Provided that nothing contained in this rule shall prevent him from refreshing his memory by reference to his notes.
189. (1) A Member shall confine his speech to the matter under consideration.
( a) discuss any matter which is sub-Judice in the court of Law;
( b) reflect on the conduct of the President or Governor;
( c) make a personal charge against a Member, Minister or a person holding a public office;
( d) utter treasonable, defamatory or unparliamentary words and make use of
offensive expression; or
( e) use his right of speech to obstruct business of the Assembly.
190. The Speaker, after having called the attention of the Member who persists in irrelevance or in tedious repetition either of his own arguments or of the arguments used by other Members, may direct to discontinue his speech and resume his seat.
191. A Member may, with the permission of the Speaker, make a personal explanation but no debate shall be allowed on it.
192. (1) After the Member who has moved the motion has spoken, other Members may speak in the order in which the Speaker may call upon them.
(2) Except With the Permission of the Speaker, a Member shall not be entitled to speak on the motion at a later stage, if he did not speak when called upon.
(3) Save as otherwise provided in these rules, no Member shall speak more than once on any motion.
(4) A Member who has moved a motion may speak by way of reply and the Minister concerned may speak after the mover has replied.
(5) Save with the permission of the Speaker, a Member who has moved a cut motion or an amendment to a Bill, resolution or motion, shall have no right of reply.
(E) QUORUM, VOTING AND CLOSURE.
193. (1) If at any time during a sitting of the Assembly the attention of the Speaker is drawn to the fact that less than one-fourth of the total membership of the Assembly is present, he shall suspend the business and cause the bells to be rung for five minutes. But if no quorum is available after the bells stop ringing he shall adjourn the Assembly for fifteen minutes.
(2) If on re-Assembly after fifteen minutes there is no quorum, the Speaker shall either suspend the sitting until at least one-fourth of the total membership is present, or adjourn the Assembly till the next working day:
194. (1) Save as otherwise provided, the votes of the Members on any question put by the Speaker may be taken by voices.
(2) If voting by voices is challenged, the votes shall be taken by Division, set out in Sixth Schedule:
Provided that if in the opinion of the Speaker the Division is unjustified he may ask the Members who are for “Ayes” and those for “Noes” respectively, to rise in their places and on a count being taken, he shall declare the decision of the Assembly.
Note:- In case of a count, names of the voters shall not be recorded.
(3) The result of voting by a Division shall be announced by the Speaker and shall not be challenged.
(4) A Member who is unable to go to the Division Lobby due to illness may, with the permission of the Speaker, have his vote recorded in his seat in the Assembly Chamber or in the Lobby.
195. (1) At any time after a motion has been made, any Member may move, “that the question be now put” and, unless it appears to the Speaker that the motion is an abuse of these rules or and infringement of the right of reasonable debate the Speaker shall put the motion “that the question be now put”.
(2) If the motion under sub-rule (1) is carried, the question shall be put without amendment or debate, unless the Speaker allows a member such right of reply as he may have under these rules.
(F) POINTS OF ORDER.
196. (1) A point of order shall relate to the interpretation or enforcement these rules or the interpretation of the provisions of Constitution regulating the business of the Assembly.
(2) A Member raising a point of order shall confine to the point raised.
(3) Except on a matter arising out of a Division, no point of order shall be raised during a Division.
(4) The Speaker shall decide a point of order and his decision shall be final.
(5) No discussion or debate, shall be allowed on any point of order but the Speaker may, if he thinks fit, hear a Member be fore giving his decision.
(6) A point of order is not a point of privilege.
(7) A point of order shall not:-
( a) seek information in respect of any matter;
( b) explain Member’s personal position;
( c) be raised when any motion is being put to the Assembly, or
( d) be hypothetical.
(G) MAINTENANCE OF ORDER.
197. (1) The Speaker shall have powers to:-
( a) preserve order and decorum in the Assembly;
( b) enforce his decisions;
( c) have galleries cleared;
( d) direct a Member to withdraw from the Assembly in in his opinion the conduct of such Member is grossly disorderly;
( e) direct a Member who has been ordered to withdraw from the Assembly more than once during the same session to absent himself from the sittings of the Assembly for a period not exceeding fifteen days;
( f) suspend or adjourn the sitting of the Assembly in case of grave disorder;
( g) appoint a Sergeant-at-Arms to carry out his orders and appoint such other officers as he may consider necessary to assist the Sergeant-at-Arms.
198. Admission to the galleries of the Assembly during a sitting of the Assembly shall be regulated in accordance with the orders made by the Speaker.
(H) SECRET SITTING OF THE ASSEMBLY.
199. (1) On a request made by the Leader of the House or any other Minister on his behalf, the Speaker may, fix a day or part thereof for sitting of the Assembly in secret.
(2) No person except the Secretary and such other officers authorized by the Speaker shall be present in the Chamber Lobby or Galleries during the sitting under sub-rule (1).
200. (1) The Speaker may cause a report of the proceedings of a secret sitting to be issued in such form may as he direct.
(2) Subject to sub-rule (1) no person shall keep a note or record of any proceedings or decision of a secret sitting or disclose the same.
201. Subject to these rules, the procedure for secret sitting shall be such as may be determined by the Speaker.
(I) REPORTS AND RECORDS.
202. A Member shall address the Assembly in Sindhi or Urdu.
Provided that a Member may with the permission of the Speaker address the Assembly in English or in other recognised language of the Province.
203. (1) The Secretary shall cause to be prepared a report of the proceedings of the Assembly.
(2) The report under sub-rule (1) shall be published in such form as the Speaker may direct.
204. (1) The Secretary shall have the custody of all records, documents and papers belonging to the Assembly or any of its Committees.
(2) The Secretary shall not permit any such records, documents or papers to be taken out of the Assembly Secretariat without the written permission of the Speaker.
205. (1) If the Speaker is of the opinion, that the words used in a debate are defamatory indecent, un-parliamentary or undignified, he may order that such words be expunged from the proceeding of the Assembly.
(2) The portion of the proceedings of the Assembly expunged under sub-rule (1) shall be marked by asterisk and following explanatory foot-note shall be inserted in the proceedings:-
“Expunged as ordered by the Speaker.”
(J) RULES TO BE OBSERVED BY MEMBERS
(a) shall not read any book, newspaper or letter except in connection with the business of the Assembly;
(b) shall not interrupt a Member;
(c) shall not pass between the Chair and the Member addressing the Assembly;
(d) shall, while speaking, address the Chair;
(e) shall maintain silence;
(f) shall keep to his seat while addressing the Assembly;
(g) shall not leave the Assembly Chamber;
(h) shall not obstruct proceeding nor make running commentaries; and
(i) shall not make any reference to a person in a gallery.
(K) LAPSE OF BUSINESS.
207. (1) On the prorogation of Assembly, all notices other than notice of intention to introduce a Bill, shall lapse.
(2) Bills which have been introduced shall be carried over to the List of Business for the next session.
208. On the dissolution of the Assembly all pending business shall lapse.
(L) MISCELLANEOUS.
209. The Secretary shall be ex-officio Secretary to every Committee of the Assembly.
210. The Secretary may authorized any officer of the Assembly Secretariat to perform such duties as he may direct.
211. The Speaker or the Assembly may suspend any of the rules.
212. (1) All matters not specifically provided for in these rules shall be regulated in such manner as the Speaker may deem fit.
(2) Any decision taken, ruling given or direction issued by the Speaker in these rules shall not be called in question in any manner or on any ground whatsoever.
(3) No person shall comment upon or make any statement in press or otherwise in respect of ruling given or direction issued by the Speaker.
213. Every dispatch or State paper quoted by the Minister in the Assembly shall be laid on the Table;
Provided that nothing in these rules shall apply to document, disclosure of which is against the public interest or summary or gist whereof has been given by the Minister in his quotation.
214. (1) A document or part thereof to be laid on the Table shall be authenticated by the Minister or Member laying it.
(2) All papers and documents laid on the Table shall be considered public.
215. (1) A Minister may with the permission of the Speaker make a statement on a matter of public importance.
(2) At the time the statement is made, no question or discussion in respect thereof shall be allowed.
216. Except with the permission of the Speaker the Assembly Chamber shall not be used for any purpose other than a sitting of the Assembly.
1[216-A. A Member, appointed as a Parliamentary Secretary, may answer questions and supplementary questions on behalf of the Minister concerned and perform such other functions in the Assembly as may be assigned to him by such Minister.]
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1 Rule 216-A added vide Law Department Notification No S. Legis: 20(6)/73 dated