Rules of Business


The Gilgit-Baltistan
LEGISLATIVE ASSEMBLY'S PROCEDURE
AND CONDUCT OF BUSINESS RULES,2010

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CHAPTER-I

PRELIMINARY

1.Short title and commencement.— (1) These rules may be called the Gilgit-Baltistan Legislative Assembly‘s amended Procedure and Conduct of Business Rules, 2010.

(2)They shall come into force at once.

2.Definitions.—(1)In these rules, unless there is anything repugnant in the subject or contexts.—

(a) 'Auditor General' means the Auditor General of Gilgit-Baltistan mentioned under Article-83 of Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009.

(b) 'Accountant General' means the Accountant General of Pakistan or any other officer so designated by the Auditor-General of Pakistan for auditing the accounts of the Gilgit-Baltistan;

(c) ' Minister of Finance' means the Minister of Finance appointed by the Governor to perform the functions of Minister of Finance of Government or any other Minister of Finance acting as such;

(d) ' Advocate-General' means the person appointed under Article-32 of Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009 for Gilgit-Baltistan.

(e) 'Amendment' means a motion to amend an earlier motion before that earlier motion is put to the Assembly for its decision;

(f) 'Article' means Article of the Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009;

(g) 'Assembly' means the Gilgit-Baltistan Legislative Assembly;

(h) 'Bill' means motion to make a law.

(i) 'Budget' means the statement of estimated receipts & expenditure laid before the Assembly under Article-56 of the Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009;

(j) 'Call attention motion' means important matters of public interest, on which it is necessary to draw the attention of the Govt.

(k) 'Governor' means the Governor of Gilgit-Baltistan;

(l) 'Chief Minister' means a person elected under Article-23 of Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009;

(m) 'Committee' means a committee constituted under these rules and includes a special committee appointed by the Assembly;

(n) 'Deputy Speaker' means Deputy Speaker of the Assembly.

(o) 'Gazette' means the official Gazette of the Gilgit-Baltistan;

(p) 'Government' means Government of Gilgit-Baltistan;

(q) 'House' means the Legislative Assembly of the Gilgit-Baltistan;

(r) 'Leader of Opposition' means a member who, in the opinion of the Speaker, is for the time being leader of the majority of the members in the Opposition;

(s) 'Leader of the House' means the Chief Minister or any other most senior Minister designated in this behalf;

(t) 'Meeting' means meeting of the Assembly;

(u) 'Member' means a member of the Gilgit-Baltistan Legislative Assembly;

(v) 'Member-in-charge' means in the case of a Government Bill any Minister and, in any other case, the member who has introduced the Bill or other member authorized by him in writing to assume charge of the Bill in his absence;

(w) 'Motion' means a proposal made by a member relating to a matter, which may be discussed by the Assembly and it may comprise of any amendment of a resolution or an amendment;

(x) 'Mover' means the mover of a Bill, a resolution, a motion or an amendment of a Bill;

(y) 'Order of the day' means the list of business to be brought before the Assembly on a fixed date;

(z) 'Order' means the Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009;

(aa) 'Presiding Officer' means in relation to a sitting of the Assembly any person who is presiding over that sitting;

(bb) 'Private Member' means a member who is not a Minister, Advisor or Parliamentary Secretary;

(cc) 'Resolution' means a motion presented for discussion and expression of opinion on the matters relating to the public interest;

(dd) 'Rules' means the Rules of Procedure and Conduct of business framed by the Assembly;

(ee) 'Schedule' means a schedule appended to these rules;

(ff) 'Secretary' means the Secretary of the Assembly and includes any person for the time being performing the duties of the Secretary;

(gg) 'Session' means the period commencing on the day of the first sitting of the Assembly after having been summoned and ending the day on which the Assembly is prorogued;

(hh) 'Sitting' means the meeting of the Assembly from the commencement of its business to the termination of the business for the day;

(ii) 'Speaker' means speaker of the Assembly;

(jj) 'Starred Questions' means a question for an oral answer;

(kk) 'Technocrat' means a person elected under Article-35 (1) (c) of Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009;

(ll) 'Un-starred Question' means a question for a written answer;

(mm) 'Minister' means a person appointed by the Governor under Article-24 of Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009;

(nn) 'Advisor' means a person appointed under Article-25 of Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009.

(2)Words and expression used but not defined in these rules shall have the same meaning as assigned to it in the Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009.

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CHAPTER-II

SUMMONING, ADJOURNMENT AND PROROGATION

3.Summoning of the Assembly.— When the Assembly is summoned, the Secretary shall intimate to each Member the date, time and place fixed by the Governor Gilgit-Baltistan or the Speaker, as the case may be, for the meeting of the Assembly:

Provided that when the session is called at a short notice or in case of an emergency, the Secretary shall also intimate the date, time and place of the meeting to the members through press, electronic media or through the local administration and shall also cause a notification in this respect to be published in the Gazette.

4.Adjournment.— Subject to the provisions of clause (2) of Article-40 of the Order and of these rules, the sitting of the Assembly may be adjourned from time to time by order of the Speaker.

5.Prorogation of the Assembly.— (1) When the Assembly is prorogued, the Secretary shall cause a notification to that effect to be published in the Gazette.

(2)On the prorogation of a session, all pending notices and business shall lapse, except Bills, which have been introduced, and such Bills shall be carried over to the next session from the stage reached in the preceding session.

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CHAPTER-III

SEATING, OATH AND ROLL OF MEMBERS

6.Oath of members.— A person elected as a member of Assembly shall, before taking his seat in the Assembly, make before the Assembly oath in the form set out in the First Schedule of the Order.

7.Seating of members.— The members shall sit in such order as the Speaker may determine.

8.Roll of members.— There shall be a Roll of Members which shall be signed by every member after making the oath and before commencement of each session:

Provided that, before the election of the Speaker, the order shall be determined by the Secretary.

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CHAPTER-IV

THE SPEAKER, DEPUTY SPEAKER AND PANEL OF CHAIRMEN

9.Election of Speaker.— (1)At the first meeting of the Assembly, after the members have made oath, the Assembly shall, before the transaction of any other business, proceed to elect the Speaker in accordance with these rules. (2)The meeting of the Assembly for election of the Speaker shall be presided over by the outgoing Speaker or, if he/her is absent by such member as may be nominated by the Governor Gilgit-Baltistan for the purpose.

(3)At any time before the close of office hours on the day preceding the day on which the election is to be held, any member may propose another member for the office of the Speaker by delivering to the Secretary a nomination paper signed by him and stating in writing that he has ascertained that the member proposed is willing to serve as Speaker, if elected.

(4)A member who has been nominated may withdraw his candidature at any time before 11.00 P.M. on the day preceding the day fixed for the election.

(5)Where, after the expiry of the time for withdrawal, there is only one duly nominated candidate for the office of the Speaker such candidate shall be declared by the Presiding Officer to have been elected.

(6)Where there are more than one candidates, the Secretary shall read out to the Assembly the name of each such candidate together with the name of his proposer and the Assembly shall then proceed to elect the Speaker by secret ballot which shall be held in such manner as the Presiding Officer may direct.

(7)Where there are only two candidates, the candidate obtaining the larger number of votes at the ballot shall be declared elected, and in the event of equality of votes, a fresh ballot shall be held between them until one of them secures more votes than the other, and the candidate securing more votes shall be declared to have been elected.

(8)Where there are more than two candidates, the candidate obtaining more votes than the aggregate of votes obtained by the other candidates shall be declared by the Presiding Officer to have been elected. If no candidate obtains such number of votes there shall be a second ballot, or, if necessary, subsequent ballots and at the end of each such ballot, the candidate obtaining the lowest number of votes shall be excluded from the election. The balloting shall, in like manner, proceed with until one candidate obtains more votes than the remaining candidates in the aggregate and the candidate obtaining such number of votes shall be declared elected.

(9)Where at any ballot any three or more candidates secure an equal number of votes and one of them has to be excluded from the election under sub-rule (8), above the question as to which of the candidates is to be excluded, shall be determined by drawing of lots.

(10)The person so elected shall make an oath before the Assembly, in the form set out in the First Schedule of the Order.

10.Powers and functions of the Speaker.— (1) In addition to the specific functions and powers provided in these rules, the Speaker shall take the Chair at every sitting of the Assembly at the hour to which the Assembly is adjourned at the last sitting or at the hour at which the Assembly has been summoned to meet.

(2)The Speaker shall call the sitting to order.

(3)The Speaker shall preserve order and decorum and shall have all powers necessary for the purpose of enforcing his decisions and in the case of disturbance or disorder in the galleries, has the power to cause them to be cleared.

(4)The Speaker shall decide all points of order.

(5)The Speaker shall have the powers to withdraw his consent already communicated for the presentation of a privilege motion, an adjournment motion or a resolution if some fresh material is furnished to him on account of which he is satisfied that the withdrawal of the consent already granted was necessary to be revoked.

(6)In the absence of the Speaker, the meeting of the Assembly shall be presided in accordance with clause (4) of Article 42 of the Order.

11.Election of Deputy Speaker.— (1)After election of the Speaker, the Assembly shall proceed further to elect Deputy Speaker. The implementation of the procedure will be same as adopted in election of the Speaker under rule-9 and the word speaker shall be substituted by the word Deputy Speaker. However, the meeting of the Assembly for the election of the Deputy Speaker shall be presided over by the Speaker.

(2)The person so elected shall make an oath before the Assembly, in the form set out in the First Schedule of the Order.

12.Vacancy in the office of the Speaker and Deputy Speaker.— (1) Whenever a vacancy occurs in the office of the Speaker, the Assembly shall elect from amongst its members a Speaker:

Provided that if the vacancy occurs during the session of the Assembly, the election shall be held during the same session and if the vacancy occurs at a time when the Assembly is not in session, after the commencement of its next session and election shall be conducted according to rule 9.

(2)Whenever a vacancy occurs in the office of the Deputy Speaker, the Speaker shall fix a date for the election of the Deputy Speaker. If the vacancy occurs at a time when the Assembly is not in session and election shall be conducted according to the rule 11 supra.

13.Removal of the Speaker or Deputy Speaker.— (1)A member may give notice to the Secretary in writing of a motion for leave to move a resolution under sub-clause 8 (b) Article-42 of the Order, for removal of Speaker or Deputy Speaker as the case may be and the Secretary shall circulate the notice to all the members.

(2)The motion for leave of which notice has been given under sub-rule (1) shall be entered in the name of the member concerned by the Secretary in the Order of the day after the expiry of seven clear days from the date of receipt of the notice.

(3)No other item shall be included in the Order of the day for the day fixed for a motion for leave to move a resolution under sub-rule (1).

(4)After a motion for leave of which notice has been given under sub-rule (1) has been moved, the Assembly shall not be adjourned until that motion or if leave is granted, the resolution is disposed of.

(5)As soon as the motion referred to in sub-rule (1) has been moved, the Presiding Officer shall call such of the members as may be in favour of the leave being granted to rise in their seats and if at least 25% of the total members so rise, he shall call upon the member concerned to move the resolution. In case at least 25% of the total members do not so rise, the Presiding Officer shall declare that the member concerned has not the leave of the Assembly to move the resolution.

(6)Except with the permission of the Presiding Officer, a speech on the resolution by the mover and by the Speaker or Deputy Speaker for whose removal the resolution has been moved shall not exceed one hour and that by any other member shall not exceed thirty minutes.

(7)Voting on the resolution shall be by secret ballot which shall be held in such manner as the Presiding Officer may direct.

(8)The Speaker or Deputy Speaker shall not preside when a resolution for his removal is under discussion, but he may speak on the resolution and may vote.

(9)If the simple majority of the Assembly cast the vote in favour of resolution then Speaker or Deputy Speaker shall cease to hold the office.

(10)When the removal of the Speaker or the Deputy Speaker is announced, the Secretary shall cause a notification to be published in the Gazette.

14.Powers & functions of the Deputy Speaker.— In the absence of Speaker the Deputy Speaker will preside the Assembly according to clause 4 of Article-42 of the Order.

15.Panel of Presiding Officers.— (1) The Speaker shall, after the commencement of every session, nominate from among the members a panel of not more than three members, any one of whom may preside at a meeting of the Assembly in the absence of the Speaker and Deputy Speaker.

(2)If at any time at a sitting of the Assembly neither the Speaker, nor the Deputy Speaker, nor any member of the panel of Presiding Officers is present, the Assembly shall, if there is a quorum, by motion elect one of its Member present to preside and act as Speaker and for this purpose the Secretary shall hold the election.

(3)A Presiding Officer nominated under sub-rule (1), shall hold office until a new panel of Presiding Officers is nominated.

(4)If, at the commencement of a sitting, the Speaker or Deputy Speaker is unavoidably absent, the Secretary shall inform the Assembly of the fact, before a Presiding Officer takes the Chair.

16.Powers of person presiding.— The Deputy Speaker or any other member presiding of the Assembly under these rules shall, when so presiding, have the same powers as the Speaker and all references to the Speaker in this rules shall in that case be deemed to be references to any such person so presiding.

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CHAPTER-V

CHIEF MINISTER

17.Ascertainment to be without debate.— (1) After the election of the Speaker and Deputy Speaker following a general election or whenever office of the Chief Minister falls vacant for any reason, the Assembly shall not transact any business unless it has been ascertained which one of the members of the Assembly commands the confidence of the majority of the members of the Assembly.

(2)In the special session summoned for the purpose of Article-23 of the Order, the Assembly to the exclusion of any other business and without debate, shall proceed as follows:-

(a)any member may propose or second the name of any member for the ascertainment who commands the confidence of the majority of the members of the Assembly, hereinafter referred to as the candidate;

(b)every proposal shall be made by a separate nomination paper in the form set out in the Schedule-II and shall be signed by the proposer and seconder and also by the candidate stating that he has consented to the nomination;

(c)more than one nomination papers may propose a candidate but no member shall subscribe to more than one nomination paper either as proposer or as seconder; and

(d)the candidate or his proposer or seconder shall deliver every nomination paper to the Secretary by 2:00 p.m. on the day preceding the day on which the ascertainment is to take place.

18.Scrutiny.— (1) The Speaker shall, in the presence of the candidates or their proposers or seconders who may wish to be present, scrutinize the nomination papers and may reject a nomination paper if he is satisfied that:

(a)the candidate is not a member of the Assembly;

(b)any provision of rule 17 has not been complied with; or

(c)the signature of the proposer, the seconder or the candidate is not genuine:

Provided that:-

(a)the rejection of a nomination paper shall not invalidate the nomination in respect of a candidate by any other valid nomination paper; and

(b)the Speaker shall not reject a nomination paper on the ground of any defect, which is not of substantial nature and may allow any such defect to be remedied forthwith.

(2)the Speaker shall endorse on each nomination paper his decision accepting or rejecting it and shall, in case of rejection, record briefly the reasons thereof.

(3)The decision of the Speaker accepting or rejecting a nomination paper shall be final.

19.withdrawal.— A candidate may withdraw his candidature at any time before the ascertainment takes place.

20.Ascertainment for the office of the Chief Minister.— (1) Before commencement of the ascertainment, the Speaker shall read out to the Assembly the names of the candidates, validly proposed for the ascertainment who have not withdrawn, hereinafter called the contesting candidates, in the order in which their nomination papers were received and proceed to effect the ascertainment.

(2)If there is only one contesting candidate and he secures the support of the majority of the members of the Assembly, the Speaker shall declare him to be the member commanding the confidence of the majority of the members of the Assembly.

(3)If there is only one contesting candidate and he is not able to secure the support of the majority of the members of the Assembly, all proceedings shall commence afresh for the ascertainment.

(4)If there are two or more contesting candidates, the candidate who secures the support of the majority of the members of the Assembly shall be declared to be members commanding the confidence of the majority of the members of the Assembly.

(5)If no contesting candidate secures of such majority in the first round, a second round shall be held between the candidates who are supported by the two highest numbers of members in the first round and the candidate who is supported by majority of the members shall be declared to be commanding the confidence of the majority of the members of the Assembly:

Provided that, if two or more candidates are supported by an equal number of members, further round shall be held between them until one of them secures support of the majority of the members.

(6)The ascertainment shall be in accordance with the procedure as set out in the First Schedule.

21.Removal of Chief Minister.— (1) under clause (1) Article-28 of the Order, 25% of members may give notice to the Secretary in writing of a motion for leave to move a resolution for the removal of the Chief Minister and the Secretary shall forthwith circulate the notice to the members and intimate to the Governor Gilgit-Baltistan.

(2)The motion for leave of which notice has been given under sub rule (1) shall be entered in the name of the member concerned by the Secretary in the order of the day after the expiry of 3 clear days from the date of receipt of the notice.

(3)The motion for leave of which notice has been given under sub rule (1) shall be entered in the name of the member concerned and the Secretary shall include in the order of the day less than 3 days and before 7 days from the date of receipt of the notice. No other item shall be included in the order of the day.

(4)Except with the permission of the Speaker, a speech on the motion by the mover and by the Chief Minister for whose removal the resolution has been moved shall not exceed 45 minutes and that by any other member shall not exceed 20 minutes.

(5)After a motion is moved, the Speaker under Article-28 of the Order, shall fix a day for voting and on that day the Assembly shall not be adjourned until that motion or the resolution is disposed of.

(6)If the majority of total membership of the Assembly passed a resolution against the Chief Minister, he will cease to hold office.

(7)The Speaker shall forthwith intimate the result to the Governor, Gilgit-Baltistan.

(8)The Assembly shall not be prorogued until the resolution is disposed off or, if leave is granted, the resolution has been voted upon.

22.Power to Appoint Parliamentary Secretaries.— (1) The Chief Minister apart from the above mentioned powers may also appoint such number of parliamentary Secretaries as he deems fit.

(2)A Parliamentary Secretary shall hold office during the pleasure of the Chief Minister.

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CHAPTER -VI

SITTINGS OF THE ASSEMBLY

23.Commencement of the sitting.— Every sitting of the Assembly shall commence with a recitation from the Holy Quraan followed by its translation in Urdu.

24.Sitting of the Assembly.— (1)Unless the Speaker otherwise directs, the Assembly shall meet while in session, on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays:

Provided that if any of these days happen to be, or have been declared by Government as a public holiday there shall be no meeting of the Assembly on that day.

(2)During the session, unless otherwise directed by the Speaker, the following shall be the business hours of the Assembly.—

(a)In Summer

From 1st April to

30th September.

All days

From 9.30AM to 1.30PM

Friday

9.30AM to 12.30PM

(b)In Winter

From 1st October to

31stMarch.

All days

From 10.00AM

to

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