LEGAL FRAMEWORK ORDER, 1970

 

RAWALPINDI, March 30: The following is the text of the Legal Framework Order, 1970 (President's Order No. 2 of 1970) issued here today by the President and Chief Martial Law Administrator, General A. M. Yahya Khan:

 

WHEREAS in his first address to the nation on the 26th March, 1969, the President and Chief Martial Law Administrator pledged himself to strive to restore democ­ratic institutions in the country;

 

And whereas in his address to the nation on the 28th November, 1969, he reaffirmed that pledge and announced that polling for a general election to a National Assembly of Pakistan will commence on the 5th October, 1970;

 

And whereas he has since decided that polling fob elections to the Provincial Assemblies shall commence not latter than the 22nd October, 1970;

 

And whereas provision has already been made by the Electoral Rolls Order, 1969, for the preparation of electoral rolls for the purpose of election of represen­tatives of the people on the basis of adult franchise;

 

And whereas it is necessary to provide for the constitution of a National Assembly of Pakistan for the purpose of making provision as to the Constitution of Pakistan in accordance with this Order and a Provincial Assembly for each Province;

 

Now, therefore, in pursuance of the proclamation of the 25th day of March, 1969, and in exercise of all powers enabling him in that behalf, the President and Chief Martial Law Administrator is pleased to make the following Order:

 

Short title and commencement

 

1. (a) This Order may be called the Legal Framework Order, 1970.

 

    (b) It shall come into force on such date as the President may, by notification in the official Gazette, appoint in this behalf.

 

Order to override other laws

 

2. This Order shall have effect notwithstanding anything to the contrary contained in the Provisional Constitution Order, the Constitution of 1962 of the Islamic Republic of Pakistan or any other law for the time being in force.

 

Definitions

 

3. (a) In this Order, unless there is anything repugnant in the subject or context :

 

(i) "Assembly" means the National Assembly of Pakistan or a
Provincial Assembly for a Province provided for in this Order;

 

(ii) " Commission " means the Election Commission constituted under Article 8 ;

 

(iii) " Commissioner " means the Chief Election Commissioner appointed or deemed to be appointed under the Electoral Rolls Order, 1969 (P.0. No. 6 of 1969);

 

(iv) " Electoral roll " means the electoral roll prepared under the Electoral Rolls Order, 1969 (P.O. No. 6 of 1969);

 

(v) " Member " means member of an Assembly;

 

(vi) " Speaker " means the Speaker of the National Assembly; and

 

(vii) " Centrally Administered Tribal Areas " has the same meaning as in the Province of West Pakistan (Dissolution) Order, 1970.

 

(b) In relation to the territories included at the commencement of this Order in the Province of West Pakistan, references to a Province and a Provincial Assembly shall be construed as references respectively to a new Province provided for in the Province of West Pakistan (Dissolution) Order, 1970, and the Provincial Assembly for such Province.

 

Composition of the National Assembly

 

4. (a) There shall be a National Assembly of Pakistan consisting of three hundred and thirteen members of whom three hundred shall be elected to fill general seats and thirteen to fill seats reserved for women.

 

    (b) In conformity with the population figures appearing in the Census of 1961, the number of seats in the National Assembly shall be distributed amongst the Provinces and the centrally administered tribal areas, as set out in Schedule I.

   

    (c) Clause (1) shall not be construed as preventing a woman from being elected to a general seat.

 

Composition of the Provincial Assemblies

 

5. (a) There shall be a Provincial Assembly for each Province consisting of the number of members elected to fill general seats and to fill seats reserved for women, as set out in Schedule 11 in relation to such Province.

 

    (b) Clause (1) shall not be construed as preventing a woman from being

elected to a general seat.

 

Principle of election

 

6. (1) Except as provided in clause (2), the members shall be elected to the general seats from territorial constituencies by direct election on the basis of adult franchise in accordance with law.

 

    (2) The President may, by regulation, make separate provision for election of members from the centrally administered tribal areas.

 

    (3) As soon as practicable after the general election of members of the National Assembly, the members from a Province for the seats reserved for "omen

in that Assembly shall be elected by persons elected to the general seats from that Province in accordance with law.

 

    (4) The members for the seats reserved for women in a Provincial Assembly shall be elected by persons elected to the general seats in that Assembly in accordance with law.

 

Casual vacancy

 

7. Where a seat in the National Assembly has become vacant, an election to fill the vacancy shall be held within three weeks from the occurrence of the vacancy.

 

Election Commission for conduct of elections

 

8. For the purposes of election of the members of an Assembly and matters connected therewith, the President shall constitute an Election Commission consisting of the following members, namely:

(a) the Commissioner, who shall be the Chairman of the Commission; and

(b) two other members, each being a person who is permanent Judge of a High Court.

 

Qualifications and disqualifications for being a member

 

9. (a) A person shall, subject to the provisions of Clause (2), be qualified to be elected as, and to be, a member if:

 

    (a) He is a citizen of Pakistan;

 

    (b) He has attained the age of twenty-five years; and

 

    (c) His name appears on the electoral roll for any constituency in the Province or centrally administered tribal areas from which he seeks election.

 

(b) A person shall be disqualified from being elected as, and from being, a member if:

 

    (a) He is of unsound mind and stands so declared by a competent court; or

 

    (b) He is an undischarged insolvent, unless a period of ten years has elapsed since his being adjudged as insolvent; or

 

    (c) He has been, on conviction for any offence, sentenced to transportation for any term or to imprisonment for a term of not less than two years, unless a period of five years, or such less period as the President may allow in any particular case, has elapsed since his release; or

   

    (d) He has been a member of the President's Council of Ministers at any time following lst August, 1969, unless a period of two years or such less period as the President may allow in any particular case, has elapsed since he ceased to be a Minister; or

   

    (e) He holds any office in the service of Pakistan other than an office which is not a whole time office remunerated either by salary or by fee; or

 

    (f) He has been dismissed for misconduct from the service of Pakistan unless a period of five years, or such less period as the President may allow in any particular case, has elapsed since his dismissal; or

 

    (g) Such person is the spouse of a person in the service of Pakistan; or

 

    (h) He, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a co-operative society and Government, for the supply of goods to, or for the execu­tion of any contract or the performance of any services undertaken by, Government:

 

Provided that the disqualification under sub-clause (Ir) shall not apply to a person­

 

      (i) Where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him or such longer period as the President may, in any particular case, allow; or

 

      (ii) Where the contract has been entered into by or on behalf of a public company as defined in the Companies Act, 1913 (VII of 1913), of which he is a share-holder but is neither a director holding an office of profit under the company nor a managing agent; or

 

      (iii) Where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest.

 

(3) For the avoidance of doubt, it is hereby declared that a Judge of the Supreme Court or a High Court, the Comptroller and Auditor General of Pakistan, the Attorney-General of Pakistan and an Advocate-General of a Province are persons holding offices in the Service of Pakistan.

 

 

(4) If any question arises whether a member has, after his election, become subject to any disqualification, the Commissioner shall place the question before the Election Commission and, if the opinion of the Commission be that the member has become so subject, his seat shall become vacant.

 

Bar against Candidature

 

10. (1) No person shall at the same time be member of more than one Assembly or a member of the same Assembly for more than one constituency.

 

      (2) Nothing in clause (1) shall prevent a person from being at the same time a candidate for election from two or more constituencies, but if a person has been elected as a member for two or more constituencies and does not, within fifteen days of the notification of his election by the constituency by which has been elected last, make a declaration in writing under his hand addressed to the Commissioner specifying the constituency which he wishes to represent, all his seats shall become vacant, but so long as he is a member for two or more constituencies he shall not sit or vote in an Assembly.

 

Resignation, etc.

 

11. (1) A member may resign his seat by notice in writing under his hand addressed to the Speaker.

 

      (2) If a member is absent from the Assembly without leave of the Speaker for fifteen consecutive sitting days, his seat shall become vacant.

 

      (3) If a member fails to take and subscribe an oath in accordance with Article 12 within a period of seven days from the date of the first meeting of the Assembly after his election, his seat shall become vacant:

 

Provided that the Speaker or, if the Speaker has not been elected, the Commissioner, may, before the expiration of the said period, for good cause shown, extend the period.

 

Oath of Members of Assembly

 

12. A person elected as a Member of an Assembly shall, before entering upon the office, take and subscribe, before a person presiding at a meeting of the Assembly, an oath or affirmation in the following form, namely:

 

"I……. do solemnly swear (or affirm) that I will bear true faith and allegiance to Pakistan and that I will discharge the duties upon which I am about to enter honestly, to the best of my ability, faithfully in accordance with the provisions of the Legal Framework Order, 1970, the law and rules of the Assembly set out in that Order, and always in the interest of the solidarity, integrity, well­being and prosperity of Pakistan."

 

 

Date of polling

 

13. Polling for election to the National Assembly shall commence on the 5th October, 1970, and polling for election to the Provincial Assemblies shall commence on a date not later than the 22nd October, 1970.

 

Summoning of National Assembly, etc.

 

14. (1) After the close of the general election of members of the National AssemNy, the President shall, for the purpose of framing a Constitution for Pakistan, summon the National Assembly to meet on such day and at such time and place as he may think fit; and the National Assembly so summoned shall stand cons­tituted on the day of its first meeting:

 

Provided that nothing in this clause shall be construed as preventing the President from summoning the National Assembly on the ground that all the seats of the members have not been filled.

 

(2) After meeting as convened under clause (1), the National Assembly shall meet at such times and places as the Speaker may decide.

 

(3) The National Assembly shall, subject to reasonable adjournments, meet from day to day to transact its business.

 

Right of address, etc. of President

 

15. The President may address the National Assembly and send a message or mes­sages to the Assembly.

 

Speaker and Deputy Speaker

 

16. (1) The National Assembly shall, as soon as may be, elect two of its members to be recpectively the Speaker and Deputy Speaker and shall, so often as the office of Speaker or Deputy Speaker becomes vacant, elect another member to be the Speaker. or, as the case may be. Deputy Speaker.

 

      (2) Until the Speaker and Deputy Speaker are elected, the Commissioner shall preside at the meetings of the National Assembly and perform the functions of Speaker.

 

      (3) Where the office of the Speaker is vacant, the Deputy Speaker, or, if the office of the Deputy Speaker is also vacant, the Commissioner, shall perform the fun­ctions of Speaker.

 

      (4) During the absence of the Speaker from any meeting of the National Assembly, the Deputy Speaker or, if the Deputy Speaker is also absent, such member as may be determined by the rules of procedure of the Assembly, shall perform the fun­ctions of Speaker.

 

      (5) A member holding office as Speaker or Deputy Speaker shall cease to hold that office­

 

(a) If he ceases to be a member of the National Assembly;

 

(b) If he resigns his office by writing under his hand addressed to the President; or          .

 

(c) If a resolution expressing want of confidence in him is moved in the Assembly after not less than fourteen days' notice of the intention to move it and passed by the votes of not less than two-thirds of the total number of members of the National Assembly.

 

Quorum and Rules of Procedure

 

17. (a) If, at any time during a meeting of the National Assembly, the attention of the person presiding at the meeting is drawn to the fact that the number of persons present is less than one hundred, the person pesiding shall either suspend the meeting until the number of members present is not less than one hundred or adjourn the meeting.

 

      (b) The procedure of the National Assembly shall be regulated by the rules of procedure set out in Schedule III; in particular the National Assembly shall decide how a decision relating to the Censtitution Bill is to be taken.

 

      (c) The National Assembly may act notwithstanding any vacancy in the seat of a member and no proceedings in the Assembly shall be invalid by reason that some members whose election is subsequently held to have been void, or who, after election, had incurred a disqualification for membership voted or otherwise took part in the proceedings.

 

Privilleges, etc. of the National Assembly

 

18. (a) The validity of any proceedings in the National Assembly shall not be called in question in any court.

 

      (b) A member or a person entitled to speak in the National Assembly shall not be liable to any proceedings in any court in respect of anything said or any vote given by him in the Assembly or in any Committee thereof.

 

      (c) The exercise by an officer of the National Assembly of the powers vested in him for the regulation of procedure, the conduct of business or the maintenance of order in or in relation to any proceeding in the Assembly, shall not be subject to the jurisdiction of any court.

      (d) A person shall not be liable to any proceedings in any court in respect of the publication by, or under the authority of the National Assembly of any report, paper, vote or proceedings.

 

      (e) No process issued by a court or other authority shall, except with the leave of the Speaker, be served or executed within the precincts of the place where a meeting of the National Assembly or of any Committee thereof is being

held.

 

Allowances and privileges of Members

 

19. The Speaker, the Deputy Speaker and the other Members shall be entitled to such allowances and privileges as the President may, by order, prescribe.

 

Fundamental principles of the Constitution

 

20. The Constitution shall be so framed as to embody the following fundamental principles:­

 

(a) Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan in which the Provinces and other territories which are now and may herein­after be included in Pakistan shall be so united in a Federation that the independence, the territorial integrity and the national solidarity of Pakistan are ensured and that the unit of the Federation is not in any manner impaired.

 

(b)       (i) Islamic ideology which is the basis for the creation of Pakistan shall be preserved: and

(ii) the Head of the State shall be a Muslim.

 

(c)        (i) Adherence to fundamental principles of democracy shall be ensured by providing direct and free periodical elections to the Federal and the Pro­vincial Legislatures on the basis of population and adult franchise;

 

(ii) the fundamental rights of the citizens shall be laid down and guaranteed;

 

(iii) the independence of the judiciary in the matter of dispensation of justice and enforcement of the fundamental rights shall be secured.

 

(d) All powers including legislative, administrative and financial, shall be so distri­buted between the Federal Government and the Provinces that the Provinces shall have maximum autonomy, that is to say maximum legislative, administrative and financial powers, but the Federal Government shall also have adequate powers including legislative, administrative and financial powers to discharge its responsibilities in relation to exter­nal and internal affairs and to preserve the independence and territorial integrity of the Country.

 

(e) It shall be ensured that­

 

(i) The people of all areas in Pakistan shall be enabled to participate fully in all forms of national activities; and

 

(ii) within a specified period, economic and all other disparities between the Provinces and between different areas in a Province are removed by the adoption of statutory and other measures.

 

Preamble of the Constitution

21. The Constitution shall contain, in its preamble, an affirmation that­

 

(a) The Muslims of Pakistan shall be enabled, individually and collectively, to order their lives in accordance with the teachings of Islam as set out in the Holy Quran and Sunnah: and

 

(b) the minorities shall be enabled to profess and practise their religions freely and to enjoy all rights. privileges and protection due to them as citizens of Pakistan.

 

Directive Principles

 

22. The Constitution shall set out directive principles of State policy by which the State shall be guided in the matter of­

 

(a) Promoting Islamic way of life:

 

(b) Observance of Islamic moral standards;

 

(c) Providing facilities for the teaching of Holy Quran and Islamiat to the Muslims of Pakistan; and

 

(d) Enjoining that no law repugnant to the teachings and requirements of Islam, as set out in the Holy Quran and Sunnah, is made.

 

National and Provincial Assemblies to be the first Legislatures

 

23. The Constitution shallprovide that –

 

­(a) The National Assembly, constituted under this Order, shall:­

 

(i) be the first Legislature of Federation for the full term if the Legislature of the Federation consists of one House, and

 

(ii) be the first Lower House of the Legislature of the Federation for the full

            term if the Legislature of the Federation consists of two Houses.

(b) The Provincial Assemblies elected in accordance with this Order shall be the First Legislatures of the respective Provinces for the full term.

 

Time for framing the Constitution

 

24. The National Assembly shall frame the Constitution in the form of a Bill to be called the Constitution Bill within a period of one hundred and twenty days from the date of its first meeting, and on its failure to do so shall stand dissolved.

Authentication of Constitution

 

25. The Constitution Bill, as passed by the National Assembly, shall be presented to the President for authentication. The National Assembly shall stand dissolved in the event that authentication is refused.

 

Purpose for which Assembly may meet

 

26. (a) Save as provided in this Order for the purpose of framing a Constitution for Pakistan, the National Assembly shall not meet in that capacity, until the Constitution Bill passed by that Assembly and authenticated by the President, has come into force.

     

      (b) A Provincial Assembly shall not be summoned to meet until after the Constitution Bill passed by the National Assembly has been authenticated by the President, and has come into force.

 

Interpretation and Amendment of Order, etc.

 

27. (a) Any question or doubt as to the interpretation of any provision of this Order shall be resolved by a decision of the President, and such decision shall be final and not liable to be questioned in any Court.

 

      (b) The President, and not the National Assembly, shall have the power to make any amendment in this Order.

 

SCHEDULE I-Art. 4 (2)

National Assembly of Pakistan

 

                                                                                    General                        Women

East Pakistan                                                                   162                   7

The Punjab                                                                        82                               3

Sind                                                                                  27                               1

Baluchistan                                                                         4                                1

The North-West Frontier Province                                     18                               1

Centrally Administered Tribal Areas                                    7                               

                                                                                     ----------------------------------

                                                                         Total       300                            13

 

SCHEDULE II - Art. 5 (1)
Provincial Assemblies

                                                                 General                               Women

East Pakistan                                                300                                       10

The Punjab                                                   180                                         6

Sind                                                              60                                          2

Baluchistan                                                    20                                          1

The North-West Frontier Province                 40                                          2

 

 

SCHEDULE III - Art. 17 (2)

 

RULES OF PROCEDURE

 

Short Title

 

1. These rules may be called the National Assembly Rules of Procedure, 1970.

 

Definitions

 

2. In these rules unless there is anything repugnant in the subject or context

 

­(a) "Assembly" means the National Assembly of Pakistan; (b) "Bill' means a Bill seeking to frame a Constitution for Pakistan;

 

(c) "Commissioner" means the Chief Election Commissioner appointed or deemed to be appointed under the Electoral Rolls Order, 1969 (P.O. No. 6 of 1969);

 

(d) "Committee" means a Committee, including a Select Committee, appointed by the Assembly;

 

(e) "Member in charge", in relation to a)Iill, means the Member by whom the Bill has been introduced, and includes any other Member permitted by the Speaker to do in relation to the Bill anything which the Member in charge can do;

 

(f) "Secretary" means the Secretary of the Assembly;

 

(g) "Speaker" means the Speaker of the Assembly.

 

Function of the Assembly

 

3. (a) The function of the Assembly shall be to frame a Constitution for Pakistan.

 

    (b) The Constitution shall be drawn up and passed by the Assembly in the form of a Bill.

 

Election of Speaker and Deputy Speaker

 

4.       (a) At the first meeting of the Assembly, the Commissioner shall, after the Members have taken the oath, call upon the Members to elect a Speaker and a Deputy Speaker.

 

(b) Any Member may propose another Member with his consent for election as Speaker or as Deputy Speaker by communicating to the Secretary in writing the name of Member he proposes.

 

(c) No Member shall propose more than one Member for election as Speaker or as Deputy Speaker.

 

(d) The Secretary shall read out separately the names of the Members nomi­nated for election as Speaker and as Deputy Speaker.

 

(e) Immediately after the names have been read out by the Secretary, any Member who has been nominated for election may withdraw his candidature.

 

(f) Where, after withdrawals, if any, only one person is left as the candidate for election as Speaker or as Deputy Speaker, the Commissioner shall declare such candi­date to have been elected as Speaker or, as the case may be, Deputy Speaker.

 

(g) Where there are more candidates than one for election as Speaker or as Deputy Speaker, the Secretary shall read out to the Assembly the names of such candi­dates, and the Assembly shall then proceed to elect the Speaker and Deputy Speaker by secret ballot which shall be held in such manner as the Commissioner may direct.

 

(h) Where there is equality of votes between two or more candidates and the addition of one vote for one such candidate would entitle him to be declared elected, the Commissioner shall forthwith draw a lot in respect of such candidates and the candi­date on whom the lot falls shall be declared to have been elected as Speaker or, as the case may be, Deputy Speaker.

 

Speaker to preside over deliberations

 

5.         (a) Deliberations of the National Assembly shall be presided over by the Speaker and, in his absence, by the Deputy Speaker and, in the absence of both the Speaker and the Deputy Speaker, by the person whose name is highest on the panel of Chairmen from amongst those present at the sitting.

 

(b) If at any time at a sitting of the Assembly neither the Speaker nor the Deputy Speaker nor any person on the Panel of Chairmen is present, the Secretary shall inform the Assembly of the fact and the Assembly shall, by a motion, elect one of its members present to preside.

 

Powers of the Speaker

 

6.        (a) The Speaker may, subject to the provisions of this Order, adjourn a meeting of the Assembly and call a meeting of the Assembly after adjournment.

 

(b) The Speaker Shall:­

 

    (i) call a meeeting of the Assembly to order,

 

    (ii) preserve order and decorum and, in the case of disturbance or dis­order in the galleries, may cause them to be cleared;

         and

 

    (iii) decide all points of order,

 

            (c) The Speaker shall have all powers necessary for the purposes of enforcing his decisions.

 

Panel of Chairmen

 

7. The Speaker shall nominate from amongst Members of the Assembly a panel of not more than four Chairmen and arrange their names in an order of precedence.

 

Power of the person presiding

 

8. The person presiding over a meeting of the Assembly shall have the same powers as the Speaker while presiding over such meeting; and all references in these rules to the Speaker as presiding officer shall be deemed to include a reference to such person.

 

Conduct of business in the Assembly

 

9. The business of the Assembly shall be brought before it by means of:-

 

(a) A motion;

 

(b) Amendment to a motion or an amendment to an amendment; and

 

(c) Report of a Committee.

 

Time for meetings

 

10. The meeting of the Assembly shall commence at 9 a.m. unless otherwise re­solved by the Assembly or directed by the Speaker.

 

Arrangement of business

 

11.       (a) A list of business for the day shall be prepared by the Secretary and, after it has been approved by the Speaker, a copy thereof shall be supplied for the use of every Member before the commencement of the business of the day. The list thus prepared shall be called the "Orders of the Day".

 

(b) Save as otherwise provided in these rules, no business, not included in the Orders of the Day, shall be transacted on any day at any meeting without the leave of the Speaker.

 

(c) All business appointed for any day and not disposed of on that day shall stand over until the next working day, unless the Speaker otherwise directs.

 

Notice of motion

 

12. (a) Unless otherwise directed by the Speaker, notice of every motion, accom­panied by a copy of the motion, shall be given not later than the day preceding the day on which the motion is to be moved.

 

      (b) Every motion required by these rules shall be in writing addressed to the Secretary and signed by the Member giving notice and shall be left at the Notice Office of the Assembly.

 

      (c) Notice left at the Notice Office when it is closed shall be treated as given on the next open day.

 

      (d) Where notice of a motion has been given, the Secretary shall send a copy of the motion to the Members as soon as possible after notice has been received.

 

      (e) No notice shall be required:­

 

      (i) For a motion for adjournment of the consideration of the motion which is under discussion; or

 

      (ii) For a motion for reference back to a Committee. Disallowance and withdrawals of motions

 

13. (a) Unless permitted by the person presiding over the meeting, no motion which is substantially the same as a question which the Assembly has decided in the affir­mative or the negative shall be made.

     

      (b) The Speaker may disallow any motion or any part thereof on the ground that it is frivolous or dilatory or that it is an infringement of these rules.

 

      (c) The Speaker may allow any Member to withdraw a motion standing in his name.

 

Seating of Members

 

14. The Members shall sit in such order as the Speaker may direct.

 

Members to rise when speaking

 

15. A Member desiring to make any observation on any matter before the Assembly

shall rise or, if unable to do so shall, otherwise intimate his desire to the Speaker and

shall only speak when called upon to do so by the Speaker and shall address the House standing except when permitted otherwise. If, at any time, the Speaker rises, the Member shall cease speaking and take his seat.

 

Time-limit for speeches

 

The Speaker may, if he thinks fit, prescribe a time-limit for speeches.

 

Language of the assembly

 

17. (a) The members shall address the Assembly in Urdu, Bengali or English, provided that the Speaker may permit any Member who cannot adequately express him­self in any of these languages to address the Assembly in his mother-tongue.

 

      (b) If a Member desires that an English translation of a summary of his speech delivered in a language other than Urdu, Bengali or English should be read to the Assembly, he shall supply a copy to the Speaker who may, in his discretion, allow it to be read to the Assembly. Such translation, if read to the Assembly, shall be included in the record of the proceedings of the Assembly.

 

      (c) The official records of the proceedings of the Assembly shall be kept in Urdu, Bengali and English.

 

Decision on matters before Assembly

 

18. (a) A matter requiring the decision of the Assembly shall be brought forward by means of a question put by the Speaker.

 

      (b) The Assembly shall decide how a decision relating to the Constitution Bill is to be taken, that is, whether by simple majority or by any other special procedure.

 

      (c) Votes may be taken by voices or division and shall be taken by division if any Member so desires.

 

      (d) The Speaker shall determine the method of taking votes by division.

     

      (e) The result of a division shall be announced by the Speaker and shall not be challenged.

 

Amendments

 

19. (a) An amendment shall be relevant to the motion to which it is proposed.

     

      (b) An amendment which has merely the effect of a negative vote on the original motion shall not be moved.

 

      (c) Except as permitted by the Speaker­

 

(i) Notice of any amendment to a motion shall be given not later than the day preceding the day on which the motion is to be moved; and

 

(ii) Notice of any amendment to an amendment shall be given before the Assembly meets for the day on which the amendment is to be moved.

 

      (d) The Speaker may disallow any amendment which he considers to be fri­volous or dilatory.

     

      (e) The Speaker may put amendments to the vote in any order he may

choose.

 

Re-opening of Decisions of the Assembly

 

20. No matter, which has once been decided by the Assembly, shall be re-opened except with the consent of the Assembly.

 

Closure

 

21. 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 infringe­ment of the right of reasonable debate, the Speaker shall put the motion "that the ques­tion be now put," and if the motion is accepted, no further discussion shall be permitted

except for a reply by the Member who originally made the motion.

 

Irrelevance or repetition

 

22. The Speaker, after having called the attention of the Assembly to the conduct of a Member who persists in irrelevance or in tedious repetition, either of his own argu­ments or of the arguments used by other Members in debate, may direct him to discontinue his speech, and the Member shall thereupon resume his seat.

 

Limitations on Debate

 

23. The matter of every speech shall be strictly relevant to the matter before the Assembly. A Member while speaking shall not­

 

      (a) Speak offensive and insulting words against the character or proceedings of the

Assembly ;

 

 

      (b) Utter treasonable or seditious words; or

 

      (c) Use his right of speech for the purpose of wilfully and persistently obstructing the business of the Assembly.

 

Members not to speak more than once

 

24. No Member shall speak more than once on a motion in the Assembly except in the exercise of a right of reply or except with the permission of the Speaker and that only for the purpose of making a personal explanation without introducing any new

debatable matter.

 

Admission to the Assembly Chambers

 

25. The admission of persons other than Members to the Assembly Chamber and its galleries during the sittings of the Assembly shall be regulated in accordance with the orders of the Speaker.

 

Reports of the Proceedings of the Assembly

 

26. The Secretary shall cause full reports of the proceedings of the Assembly to be printed and supplied to all Members.

 

Motion for Leave to Introduce a Bill

 

27. (a) Any Member may move for leave to introduce a Bill after giving to the Secretary at least two clear days' notice of his intention to do so accompanied by a copy of the Bill.

 

      (b) If a motion for leave to introduce a Bill is opposed, the Speaker, after permitting, if he thinks fit, a brief explanatory statement from the Member who moves and from the Member who opposes the motion, may without further debate put the question.

 

      (c) If the leave to introduce the Bill is granted, the Member may introduce the

Bill.

 

Publication after Introduction

 

28. As soon as may be after it has been introduced, a Bill shall be published in the

Official Gazette.

 

Motions after Introduction

 

29. When a Bill is introduced or on some subsequent occasion, the Member in charge may make one of the following motions in regard to his Bill, namely:­

 

      (a) That it be taken into consideration by the Assembly either at once or at some future day to be then specified; or

 

      (b) That it be referred to a Select Committee:

 

Provided that no such motion shall be made until after copies of the Bill have been made available for the use of Members, and that any member may object to any such motion being made unless copies of the Bill have been so made available for three days before the day on which the motion is made; and such objection shall prevail unless the Speaker, in the exercise of his power to suspend this rule, allows the motion to be made.

 

Discussion of Principle of Bills

 

30. (a) On the day on which any such motion is made, or on any subsequent day to which the discussion thereof is postponed, the principle of the Bill and its general provi­sions may be discussed, but the details of the Bill must not be discussed further than is necessary to explain its principle.

 

      (b) At this stage, no amendments to the Bill may be moved but if the Member in charge moves that his Bill be taken into consideration, any Member may move as an amendment that the Bill be referred to a Select Committee.

 

Persons by whom Motions in respect of Bills may be made

 

31. Unless the Speaker permits any other Member to act as the Member in charge, no motion that a Bill be taken into consideration or be passed shall be made by any Member other than the Member in charge: and no motion that a Bill be referred to a Select Committee shall be made by any Member other than the Member in charge except by way of amendment to a motion made by the Member in charge.

 

Procedure after Presentation of Report

 

32. (a) After the presentation of the report of the Select Committee oil a Bill, the Member in charge may move­

 

(i) That the Bill as reported by the Select Committee be taken into con­sideration:

Provided that any Member may object to its being so taken into consideration if a copy of the report has not been made available for the use of Members and such objection shall prevail unless the Speaker allows the report to be taken into consideration; or

 

(ii) That the Bill as reported by the Select Committee be recommitted either­

 

(a) Without limitation; or

 

(b) With respect to particular clauses or amendments only; or

 

(c) With instructions to the Select Committee to make some parti­cular or an additional provision in the Bill.

 

      (b) If the Member in charge moves that the Bill be taken into consideration, any Member may move as an amendment that the Bill be recommitted.

 

Proposal of Amendments

 

33. (a) When a motion that a Bill be taken into consideration has been carried any Member may propose an amendment of the Bill.

 

      (b) A Member who intends to propose an amendment shall give notice thereof to the Secretary together with a copy of the amendment.

 

      (c) The Secretary shall cause a copy of the amendment to be made available for the use of every Member.

 

Amendments Procedure

 

34. Amendments shall ordinarily be considered in the order of the clauses of the Bill to which they respectively relate, and in respect of any such clause a motion shall be deemed to have been made "that his clause (or, as the case may be, that this clause, as amended) stand part of the Bill".

 

Submission of Bills Clause by Clause

 

35. When a motion that a Bill be taken into consideration has been carried, it shall be in the discretion of the Speaker to submit the Bill or any part of the Bill to the Assem­bly clause by clause and when he does so, the Speaker shall call each clause separately and when the amendments relating to it have been dealt with shall put the question "That his clause (or, as the case may be, that this clause, as amended) stand part of the Bill".

 

Passing of Bills

 

36. (a) When a motion that a Bill be taken into consideration has been carried and no amendment of the Bill is made, the Member in charge may at once move that the Bill be passed.

 

      (b) If any amendment of the Bill is made, any Member may object to any motion being made, on the same day, that the Bill be passed, and such objection shall prevail, unless the Speaker allows the motion to be made.

 

      (c) Where the objection prevails, a motion that the Bill be passed may be brought forward on any future day.

 

      (d) No amendment which is neither formal nor consequential upon an amend­ment made after the Bill was taken into consideration shall be moved to a motion that

the Bill be passed.

 

Withdrawal of Bills

 

37. The Member in charge may at any stage move for leave to withdraw the Bill introduced by him; and, if such leave is granted, no further motion may be made with

reference to the Bill.

 

Lapse of Bills

 

38. When a Bill is passed, all other Bills pending before the Assembly shall lapse.

 

Authentication

 

39. When the Constitutional Bill is passed by the Assembly the Secretary shall

submit to the President for authentication a copy thereof signed by the Speaker.

 

Committees of the Assembly

 

40. (a) The Assembly may, besides a Select Committee constituted in relation to a Bill, apppoint as many Committees and allocate to each such Committee such business as it may think ti;.

 

      (b) The members of the Committee including the Chairman shall be appointed by the Assembly at the time it appoints the Committee.

 

      (c) A casual vacancy in a Committee shall be filled as soon as possible after it occurs by nomination by the Speaker.

 

      (d) If the Chairman is not present at any meeting of the Committee, the members of the Committee shall elect one of their members to be the Chairman.

 

      (e) In the case of an equality of votes, the Chairman shall have a second or casting vote.

 

Power of any Committee to at,, notwithstanding Vacancy

 

41. (a) Subject to the requirement of a quorum prescribed by or under these rules a Committee appointed by the Assembly shall have power to act notwithstanding any vacancy in the membership thereof.

 

      (b) A Committee may hear expert evidence and representatives of special interests who may desire to place their views before it.

 

Quorum of the Committee

42. (a) At the time of the appointment of the Members of a Committee, the num­ber of Members whose presence shall be necessary to constitute a quorum for a meeting of the Committee, and the time within which the Committee shall make its report, shall be fixed by the Assembly.

 

      (b) If at the time fixed for any meeting of the Select Committee, or if at any time during any such meeting, the quorum is not present, the Chairman of the Committee shall either suspend the meeting until a quorum is present or adjourn the meeting to some future day.

 

      (c) Where the Committee has been adjourned in pursuance of sub-rule (b) on two successive dates fixed for its meeting, the Chairman shall report the fact to the Assembly.

 

Voting in Committees

 

43. (a) All questions at a meeting of a Committee shall be determined by a majority of the Members present and voting.

 

      (b) The Chairman shall not vote except in the event of equality of votes. Reports of the Committees

 

44. (a) A Committee shall make a report relating to the business allocated to it or in the case of a Select Committee on the Bill referred to it.

 

      (b) If any Member of a Committee desires to record a minute of dissent on any point he must sign the report stating that he does so subject to his minute of dissent, and must at the same time hand in his minute.

 

Presentation of Report

 

45. (a) The report of a Committee shall be presented to the Assembly by the Chairman.

 

      (b) The Secretary shall cause every report of a Committee, together with the views of the minority, if any, to be printed in English and a copy thereof made available for the use of every member of the Assembly. The report, with the views of the minority, if any, shall be published in the official Gazette and in the case of the report of a Select Committee, it shall be published together with the Bill as settled in the Committee.

 

Agenda and Notice of the Meetings of Committees

 

46. (a) The time-table of business of a Committee and the agenda for each meeting of the Committee shall be determined by the Chairman of the Committee.

 

      (b) Notice of all meetings of a Committee shall be sent to the Members of the Committee.

 

 

Suspension of Rules

 

47. Whenever any inconsistency or difficulty arises in the application of these rules, any Member may, with the consent of the Speaker, move that any rule may be suspended in its application to a particular motion before the Assembly, and if the motion is carried, the rule in question shall stand suspended.

 

Removal of Difficulties

 

48. Where in the opinion of the Speaker any difficulty is likely to arise in carrying out the provisions of these rules, or in respect of any matter for which no provision or no sufficient provision exists in these rules, the Speaker may make such rules as he thinks fit, not inconsistent with rules, for the purpose of removing the difficulty.

 

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Source: Bangladesh Documents, vol – I, p. 49-65