Chapter X - PRIVILEGES

[1][68.   Question of privilege.– A member may, with the consent of the Speaker, raise a question involving a breach of privilege either of a member or of the Speaker or of the Assembly or of a Committee thereof, if based on-

(i)           misconduct during the proceedings of the House or its Committees;

(ii)         disobedience of order of the House or its Committees;

(iii)       presenting false, forged or fabricated documents to the House or its Committees;

(iv)       tampering with documents presented to the House or its Committees;

(v)         speeches or writings reflecting adversely on the House, its Committees or members;

(vi)       publication of false or distorted debates of the House;

(vii)     publication of expunged proceedings;

(viii)   publication of proceedings of secret sessions;

(ix)       derogatory reflection on the report of a Committee;

(x)         premature publication of various matters connected with the business of the House or Committees thereof;

(xi)       obstructing members in the discharge of their official duties;

(xii)     intimidation of members; obstructing officers of the House;

(xiii)   refusal by Government functionaries to assist Officers of the House when called upon to do so in pursuance of the orders of the House or a Committee thereof, as the case may be;

(xiv)   obstructing of witnesses;

(xv)     failure of the Government to lay before the House any report or a document required to be laid before the House in pursuance of the provisions of the Constitution or any law; and

(xvi)   failure to provide information required by the House or its Committees.]

69.       Notice of question of privilege.– (1) A member wishing to raise a question of privilege shall give notice in writing to the [2][Secretary General] not less than one hour before the commencement of the sitting on the day the question is proposed to be raised.

            (2)        If the question raised is based on a document, the notice shall be accompanied by the document.

            (3)        The Speaker may, if he is satisfied about the urgency of the matter, allow a question of privilege to be raised at any time during the course of a sitting after the disposal of questions.

70.       Conditions of admissibility of question of privilege.– The right to raise a question of privilege shall be governed by the following conditions; namely–

      (a)  the question shall relate to a privilege granted by the Constitution, the law or the rules made under any law;

      (b)  not more than one question shall be raised by the same member at the same sitting;

      (c)  the question shall relate to a specific matter and shall be raised at the earliest opportunity;

      (d) the matter shall be such as requires the intervention of the Assembly; and

      (e)  the question shall not reflect on the personal conduct of the Governor.

     [3][(f) the matter relating to the question shall adversely affect the member in performance of his duties as the member or enjoyment of any right or privilege admissible to him under any law for the time being in force;

      (g)  the subject matter of the question is substantially not the same as that of any adjournment or privilege motion that has been moved, discussed or disposed of during the same Session;

      (h)  the subject matter of the question is neither frivolous nor vexatious nor is of such nature that it will unduly waste the time of the Assembly; and

      (i)   the subject matter of the question is not sub-judice.]

71.       Mode of raising a question of privilege.– (1) Where a notice raising a question of privilege has been admitted, the Speaker shall, after the disposal of questions, if any, and before other business on the List of Business is entered upon, call upon the member who gave the notice and thereupon the member shall raise the question of privilege and make a short statement relevant thereto.

            (2)        Where a member is allowed to raise a question of privilege during the course of a sitting under the sub-rule (3) of rule 69, he shall raise the question immediately on his being allowed to do so, or at such other time as the Speaker may direct.

            (3)        A Minister or the Parliamentary Secretary concerned shall have a right to reply.

72.       Precedence of question of privilege.– A question of privilege shall have precedence over adjournment motions.

73.       Consideration by the Assembly or reference to the Committee.– If the Speaker holds the motion to be in order, the Assembly may consider and decide a question of privilege or may, on a motion either by the member who raised the question or by any other member, refer it for report to the Committee on Privileges.

[4][74.     Reference by the Speaker.– Notwithstanding anything contained in these rules, the Speaker may [5][* * *] refer any question of privilege to the Committee on Privileges for report to the Assembly.]

75.       Consideration of the report of the Committee.– (1) After the report has been presented, a member may move that the report be taken into consideration whereupon the Speaker may put the question to the Assembly.

            (2)        A member may move an amendment that the matter be recommitted to the Committee for examination of a point or points which may have been left out of consideration by the Committee.

            (3)        The Assembly may agree with the report, with or without amendments, or may disagree with it and may itself decide the question of privilege.

76.       Priority for consideration.– A motion that the report of the Committee on Privileges be taken into consideration shall be accorded the priority assigned to a matter of privilege and when a date has already been fixed for the consideration of the report, it shall be given priority as a matter of privilege on the day so appointed.

[6][77.  Approval of the Speaker before arrest, detention, etc., of a member.– (1) When a member has to be arrested on a criminal charge or for a criminal offence or has to be detained under an executive order, the committing judge, magistrate or executive authority, as the case may be, shall immediately seek approval of the Speaker indicating the reasons for the arrest or detention, as the case may be

(2)  After such arrest, detention or when a member is sentenced to imprisonment by a court of law, the committing judge, magistrate or executive authority, as the case may be, shall intimate the place of detention or imprisonment of the member in the appropriate form set out in the Fourth Schedule.]

78.       Intimation to the Speaker on release of members.– When a member is released on bail before or after conviction or is otherwise released, such fact shall be intimated to the Speaker by the authority concerned in the appropriate form set out in the Fourth Schedule.

[7][78-A.            Arrest within the precincts of the Assembly.– No member shall be arrested within the precincts of the Assembly without permission of the Speaker.

78-B.   Service of legal process.– A legal process issued by any court, tribunal or other authority shall not be served on a member within the precincts of the Assembly without permission of the Speaker.]

79.       Treatment of communications received from Magistrates, etc.– As soon as may be, after the Speaker has received a communication referred to in rule 77 or rule 78, he shall read it out in the Assembly if it is in session or, if the Assembly is not in session, direct that it may be circulated for the information of the members.

[8][79-A. Production of a member in custody [9][* * *].– (1) The Speaker may, of his own motion or on the written request of a member in custody on the charge of a non-bailable offence, summon the member to attend a sitting or sittings of the Assembly [10][or a Committee of which he is a member], if the Speaker considers the presence of such member necessary.

(2)  On a production order under sub-rule (1), signed by the [11][Secretary General] or by any other officer authorized in this behalf, addressed to the Government or to the Authority where the member is held in the custody, the Government or such Authority shall cause the member in custody to be produced before the Sergeant-at-Arms, who shall, after the conclusion of the sitting, deliver the member into the custody of the Government or the Authority concerned.]

[12][(3) The Speaker may declare the MPAs’ Hostels or any other suitable place in Lahore as sub-Jail.]