These Rules provide Resolution for Vote of confidence in the President by the members of Parliament and Provincial Assemblies, the procedure for voting, preparation, determination and announcement of results, according to a notification issued by the Ministry of parliamentary Affairs here Wednesday.
The following is the text of the rules issued under SRO No 1122, (1) 2002: S.R.O. 1125 (1)/2003.
In exercise of the powers conferred by clause (9) of Article 41 of the constitution of the Islamic Republic of Pakistan, the Federal government is pleased to make the following rules, namely:-
1 4Short title and commencement.-(1) These rules may be called the President (vote of confidence) Rules, 2003.
1. These rules shall come into force at once and shall apply only to the forthcoming vote of confidence in the President
2. Definitions. - In these rules, unless there is anything repugnant in the subject or context,-
(a) "Commissioner" means the Chief Election Commission of Pakistan.
(b) "Form" means a form appended to these rules;
(c) "House of Parliament" means the Senate or the National Assembly;
(d) "member" means a person who is a member of a House of Parliament or of a Provincial Assembly;
(e) "President" means the President of Pakistan;
(f) "Presiding Officer" means an officer appointed by the Commissioner to conduct the recording of votes and includes the Assistant Presiding Officer;
(g) "published", with its grammatical variations. includes exhibition at a place accessible to the public;
(h) "resolution" means the resolution for vote of confidence in the President, as prescribed in form-1;
(i) "Returning Officer" means the chief Election commissioner of Pakistan; and
(j) "Special Session" means the session of a House of the Parliament or a Provincial assembly for the purposes of clause (8) of Article 41 of the constitution of the Islamic Republic of Pakistan.
3. Resolution for vote of confidence.-
(1) Any member or members of a House of parliament and of a Provincial Assembly, individually or jointly, may move a resolution in form-I, for a vote of confidence in the President in terms of clause (8) of Article 41 of the constitution of the Islamic Republic of Pakistan
(2) The Chairman Senate, the Speaker national Assembly and the speaker of a Provincial Assembly, as the case may be, on receipt at a resolution under sub-rule (1) shall send the same forthwith to the Commissioner.
(3) The Commissioner, on receipt of the resolution for vote of confidence under sub-rule (2), shall inform the Chairman of the Senate, the speaker of the National Assembly and the speaker of the Provincial Assemblies, of the place, date, and time fixed by him for consideration of vote of confidence for the President in a special session of the Senate, National Assembly and a Provincial Assembly summoned for the purpose:
Provided that if the resolution for vote of confidence is considered in an ongoing session of the Senate, National Assembly or a Provincial Assembly, the same shall be treated as special session.
(4) The Presiding Officer shall put the resolution to the vote of a House of Parliament or a provincial Assembly, as the case may be.
(5) While considering the resolution, a House of parliament or a Provincial Assembly, shall not conduct any other business and neither any speech shall be made nor any question or point of order shall be admissible and raised with regard to any other matter including the admissibility or otherwise of the resolution.
4. Voting by division.-The members of the senate, National Assembly' and the Provincial Assemblies present and voting shall record their votes by division in such manners as may be prescribed by the commission.
5. Appointment of presiding Officers.-(1) The Commissioner shall appoint Presiding Officers for the both Houses and the Provincial Assemblies.
(2) The Commissioner may appoint as many Assistant Presiding Officers and other officers and staff as he may deem fit, for the purposes of carrying out the proceedings of the vote of confidence in the president.
6. Identity Cards.-A member shall, if required for the purpose of proving of his identity, produce his Identity Card issued by the Senate Secretariat, National Assembly Secretariat or the Secretariat of the provincial Assembly, as the case may be, before the Presiding Officer or any other proof of his identity to the satisfaction of the presiding Officer.
7. Preparation of Results.-The Presiding Officer shall prepare the result of the votes in favour of the resolution (Ayes), against the resolution (Noes), the members who have abstained from voting and the members who are absent from the session, in Form-II, and pass on the result so prepared to the Returning Officer.
8. Consolidation, determination and announcement of result.-(.1) The Returning officer on receipt of results from the Presiding Officers shall consolidate the same in form-III, determine the results in terms of paragraph 18 of the Second Schedule to the constitution and announce it accordingly for publication in the official Gazette.
(2) In the event of the President in office having received a majority of the votes of the members present and voting of both House of the Parliament and the four Provincial Assemblies in terms of clause (8) of Article 41 of the Constitution of the Islamic Republic of Pakistan, the Returning Officer shall issue a certificate in form IV for publication in the official Gazette.
(3) The result published in Form III and the certificate issued in form IV shall be final.
9. Maintenance of order.-tiny person, who fails to obey and lawful order of the Presiding Officer may immediately, by order of the presiding officer, be removed from the place of the voting and the person so removed shall not, without the permission of the Presiding Officer, re-enter such place.
10. Powers to issue instructions etc.-save as otherwise provided, the Commissioner may issue such instructions and exercise such powers as may, in his opinion, be necessary for ensuring that the recording of votes is conducted in accordance with the provisions of these rules:
President that the Commissioner may authorize the Presiding Officers to exercise the powers under this rule.
11. Removal of difficulties.- If a difficulty arises in giving effect to any provision of these rules, the Commissioner may make such order as may be necessary to remove the difficulty.