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Free and Fair Election Network www.fafen.org I www.openparliament.pk PROVINCIAL ASSEMBLY OF PUNJAB FAFEN PARLIAMENT MONITOR 23RD SESSION August 22 - September 2, 2016

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  • Free and Fair Election Networkwww.fafen.org I www.openparliament.pk

    PROVINCIAL ASSEMBLY OF PUNJAB

    FAFEN PARLIAMENT MONITOR

    23RD SESSION

    August 22 - September 2, 2016

  • HIGHLIGHTS

    22Hours & 42 Minutes

    SessionDuration

    10ActualSittings

    WorkingDays

    12

    SessionNumber

    23

    The 23rd session of the Punjab

    Assembly remained productive in terms

    of legislation but it completely ignored

    the public importance issues

    highlighted by the lawmakers. The

    House transacted a heavy legislative

    agenda amidst the absence of the

    Leader of the House (Chief Minister)

    who did not attend any sitting of the

    session.

    The legislation comprised 14

    Government and two Private Members'

    Bills, including five ordinances which

    were promulgated during last two

    months when the Assembly was not in

    session. However, a number of

    Adjournment Motions, Calling Attention

    Notices and Zero Hour Notices were still

    pending when the session was

    prorogued on September 2, 2016.

    Besides making recommendations to

    the government on public issues, the

    House adopted a number of resolutions

    to express its opinion on various

    happenings, including incidents of

    terrorism and anti-Pakistan rhetoric of

    Altaf Hussain and Indian Prime Minister

    Narendra Modi. In the backdrop of

    reported increase in child abductions,

    the government also arranged a general

    discussion on law and order where the

    Law Minister put the crime statistics

    before the lawmakers. The Opposition

    was also given the opportunity to

    respond to the government claims.

    Following are findings of the report:

    Duration and Attendance

    Every sitting of 23rd session started

    well behind the scheduled time. The

    minimum delay in the commencement

    of the proceedings was 56 minutes

    while the maximum one hour and 57

    minutes. On average, every sitting

    began an hour and 19 minutes late and

    continued for two hours and 16

    minutes. The cumulative duration of the

    10-sitting session was 22 hours and 42

    minutes.

    The attendance trends were also not

    very encouraging as only 20 members

    were present at the outset and 48 at the

    adjournment of a sitting, on average.

    The Leader of the House remained

    absent throughout the session while the

    Leader of the Opposition attended nine

    out of 10 sittings and remained present

    in 60% of the proceedings' cumulative

    duration. The entire proceedings were

    presided over by the Speaker except for

    an hour and 21 minutes when a member

    of the Panel of Chairpersons presided

    over the sitting. The Deputy Speaker

    was present in three sittings but did not

    chair any of them. The Jamaat-e-Islami

    (JI) member was the most regular

    among all parliamentary leaders, who

    attended six sittings followed by PPPP

    and PML-Z leaders who attended two

    and one sittings respectively.

    Punjab Assembly Heavy on Legislation, Light onPublic Importance Issues

    Low attendance of lawmakers keeps hauntingProvincial Assembly Proceedings

    Leader of the House (Chief Minister) did not attendany of the sittings

  • HIGHLIGHTS

    Legislation

    The Punjab Assembly passed five

    government bills during the session,

    while 11 legislative proposals (five

    ordinances, four government bills and

    two private members' bills) were

    referred to the relevant standing

    committees following their introduction.

    Passed Bills

    THE PUNJAB CIVIL COURTS

    (AMENDMENT) BILL 2016

    The bill seeks to increase the pecuniary

    jurisdiction of the District Appellate

    Courts, to update the law in the

    backdrop of the current legal

    dispensation.

    THE PUNJAB CIVILIAN VICTIMS OF

    TERRORISM (RELIEF AND

    REHABILITATION) BILL 2016 (BILL No.

    18 of 2016

    The bill provides for institutionalized

    response to civilian victims of terrorism.

    THE PUNJAB PROHIBITION OF CHILD

    LABOUR AT BRICK KILNS BILL 2016

    The bill puts a ban on employing

    children for labour at brick kilns and

    provides strict punishments for

    offenders.

    THE PUNJAB ANIMALS SLAUGHTER

    CONTROL (SECOND AMENDMENT) BILL

    2016

    The bill seeks to remove some

    rebuttable presumptions and anomalies

    in Section 3A of the existing law.

    THE PUNJAB REVENUE AUTHORITY

    (SECOND AMENDMENT) BILL 2016

    The Bill seeks to provide for

    retrospective validation of

    establishment of the Punjab Revenue

    Authority, rationalizing the conditions of

    eligibility of the accountant member of

    the Appellate Tribunal, empower the

    Authority to frame its regulations and

    authorize the Government to grant

    performance based incentives to the

    Chairperson and members of the

    Authority.

    Introduced Bills

    THE INFRASTRUCTURE DEVELOPMENT

    AUTHORITY OF THE PUNJAB

    (AMENDMENT) BILL 2016

    The amendment bill seeks to remove

    the typographical error in the original

    Act and also to remove a redundant

    clause regarding abolishing Punjab

    Highways Authority.

    THE PARKS AND HORTICULTURE

    AUTHORITY (AMENDMENT) BILL 2016

    The bill proposes to increase penalties

    for illegal cutting of trees.

    THE PROVINCIAL MOTOR VEHICLES

    (AMENDMENT) BILL 2016

    The amendments are proposed to

    ensure mandatory registration of

    vehicles before bringing them on road,

    provide for re-registration of vehicles

    brought from outside the province and

    introduce personalized number plates.

    THE PROVINCIAL MOTOR VEHICLES

    (AMENDMENT) ORDINANCE 2016 (XIV

    of 2016)

    The ordinance provides for mandatory

    display of security featured number

    plates on the motor vehicles and

    prescribes penalty for counterfeiting the

    number plates.

    THE PROVINCIAL MOTOR VEHICLES

    (AMENDMENT) ORDINANCE 2016 (XVI

    of 2016)

    The ordinance provides for making

    vehicle fitness certificates prerequisite

    for grant of route permit.

    THE PUNJAB AGRICULTURE, FOOD AND

    DRUG AUTHORITY (AMENDMENT)

    ORDINANCE 2016

    The amendments seek to widen the

    Authority with a purpose to give all

    relevant departments of the provincial

    government representation in the

    Authority.

    THE PUNJAB LOCAL GOVERNMENT

    (3RD AMENDMENT) ORDINANCE 2016

    The amendment seeks to change the

    definition of technocrat and to provide

    75present

    Maximum Members(Average)

    47present

    Members at End(Average)

    20present

    Members at Outset(Average)

    27Break

    Minutes

  • PARLIAMENTARY LEADERS ATTENDANCE

    Ghulam Murtaza

    PML-Z

    Bilal Asghar Warraich

    PNML

    S. Waseem Akhtar

    JI

    Ch Moonis Elahi

    PML

    Sardar Shahab-ud-Din

    PPPP

    S. Iftikhar Gillani

    BNAP

    2/106/10 0/10

    0/100/10 0/10

    KEY MEMBERS ATTENDANCE

    SPEAKER DEPUTY SPEAKER CHIEF MINISTER LEADER OF OPPOSITION

    Rana Muhammad Iqbal Sardar Sher Ali Gorchani Mian Shahbaz Sharif Mian Mehmood-ur-Rashid

    10/10 3/10 0/10 9/10Presiding Time (hh:mm) Presiding Time (hh:mm) Attended Time (hh:mm) Attended Time (hh:mm)

    21:21 0:00 0:00 13:34

  • HIGHLIGHTS

    for the elections on reserved seats as

    well as for Chairmen/Vice Chairmen and

    Mayors/Deputy Mayors.

    THE PUNJAB RESTRICTION ON

    EMPLOYMENT OF CHILDREN

    ORDINANCE 2016

    The ordinance puts a ban on employing

    children under age 15 while restrictions

    have also been imposed on employment

    of children between the ages 15 and 18.

    THE UNIVERSITY OF HOME

    ECONOMICS LAHORE BILL 2016

    The bill provides legal cover to

    conversion of Home Economics College

    Lahore into the University of Home

    Economics.

    Not Taken Up Bills

    THE PUNJAB MAINTENANCE OF

    PUBLIC ORDER (AMENDMENT) BILL

    2016

    THE PUNJAB POULTRY PRODUCTION

    BILL 2016

    Resolutions

    The House adopted 10 resolutions

    during the session, including five

    supplementary resolutions. Meanwhile,

    four resolutions were deferred and two

    were disposed of due to the absence of

    the movers. Besides offering

    condolences on the death of social

    worker Abdul Sattar Edhi, the House

    passed resolutions condemning two

    incidents of terrorism in Quetta and

    Peshawar and anti-Pakistan statements

    of MQM founder Altaf Hussain and

    Indian Prime Minister Narendra Modi.

    Through Private Members' resolutions,

    the House urged the provincial

    government to reduce prices of

    medicines, facilitate persons with

    disabilities in public transport, set up

    Water and Sanitation Agency in

    Bahawalpur, repair river banks and clear

    the drains in wake of rainy seasons.

    Committee Reports/Government

    Papers

    Various standing committees of the

    Punjab Assembly presented their

    reports to the House on the matters

    referred to them. The government also

    presented the performance reports of

    the Parks & Horticulture Authority and

    the Development Authorities of Multan,

    Faisalabad, Gujranwala and Rawalpindi.

    The House also approved 34 motions

    seeking extension in time for

    presentation of the committee reports.

    Details of the committee reports are

    given below in the table 1.

    Adjournment Motions

    The lawmakers brought 31 Adjournment

    Motions on the matters of urgent public

    importance. Three motions were

    disposed of due to the absence of

    movers while the remaining AMs

    remained unanswered and were kept

    134

    196Starred

    Questions

    9PrivilegeMotion

    5Calling Attention

    Notices

    UnstarredQuestions

    Sr. No. Name of the Standing

    Committee Subject of the Report

    1 Standing Committee on Home Affairs

    The Punjab Civil Courts (Amendment) Bill 2016 (Bill No. 26 of 2016)

    2 Standing Committee on Labour and Human Resource

    The Punjab Prohibition of Child Labour at Brick Kilns Bill 2016 (Bill No. 9 of 2016)

    3 Standing Committee on Finance

    The Punjab Revenue Authority (Second Amendment) Bill 2016 (Bill No. 28 of 2016)

    4 Committee on Privileges Privilege Motions No. 6, 8, 16, 27, 20 for the year 2016 and No. 27, 12 for the year 2015

    5 Standing Committee on Finance

    Starred Question No. 7051/16 asked by Mr. Amjad Ali Javaid, MPA (PP-86)

    6 Standing Committee on Local Government

    Bill No. 25/2016

    7 Standing Committee on Local Government

    Question No. 2923

    Table 1: Standing Committee Reports

  • HIGHLIGHTS

    2Private Members’Bills Introduced

    5GovernmentBills Passed

    9Government

    Bills Introduced

    10ResolutionsAdopted

    pending. The government was unable to

    respond to these motions throughout

    the session. The lawmakers had raised

    the matters related to agriculture,

    health, education, governance and law &

    order. The lawmakers, belonging to the

    ruling party PML-N, submitted 12

    Adjournment Motions followed by PTI

    (10), PML (8) and JI (1).

    General Discussion

    The House held an-hour-long

    discussion on law and order in the

    province during last sitting of the

    session. The Minister for Law and

    Parliamentary Affairs briefed the House

    on the efforts of the government to

    maintain the rule of law. The Leader of

    the Opposition and two other

    lawmakers also spoke on the subject

    and highlighted the issues related to the

    subject.

    Calling Attention Notices

    PTI and PML legislators submitted five

    Calling Attention Notices to draw the

    attention of the government towards

    incidents of robberies, murders and

    street crimes. One of these notices was

    disposed of due to the absence of the

    mover while the remaining notices were

    kept pending by the House on the

    request of the government.

    Questions

    A total of 330 Questions (196 Starred

    and 134 Unstarred) were admitted for

    answers during the reporting session.

    The Rules of Procedure require the

    ministers to answer a Starred Question

    (SQ) orally as well as in writing while the

    Unstarred Questions are to be replied

    only in writing. However, the Punjab

    Assembly took up only 74 (37%) SQs for

    oral answers while 47 SQs were

    disposed of due to the absence of the

    movers and 27 others were deferred.

    Furthermore, at least 17 Questions (nine

    Starred and eight Unstarred) were not

    replied in writing.

    Zero Hour

    The lawmakers raised five matters of

    public importance during Zero Hour. The

    House disposed of two of these matters

    while three were deferred for further

    consideration. The matters concerning

    crime rate in Faisalabad, disease

    breakout in Bahar Colony Lahore, traffic

    jams near FC College,

    commercialization of roads in Wapda

    Town and floods in Layyah were

    highlighted during Zero Hour.

    Privilege Motions

    Nine lawmakers (six of PML-N and three

    of PTI) submitted Privilege Motions

    against various public servants for

    misbehaving with them. The House

    referred eight of these privilege motions

    to the Committee on Privileges to review

    the complaints while one motion was

    kept pending by the Chair.

    Points of Order

    The lawmakers raised 89 Points of

    Order (POs) consuming two hours and

    14 minutes (about 10 percent of the

    proceedings' duration). Most of the POs

    were concerned with the constituency

    matters, political developments and

    current affairs.

    Quorum

    The quorum remained an issue for the

    proceedings of Punjab Assembly

    throughout 23rd session. The

    lawmakers pointed out quorum six

    times during five sittings. Once, the

    sitting had to be adjourned due to lack

    of quorum while on other occasions it

    was completed after the ringing of bells

    for five minutes.

    Protests

    The Opposition parties in the Punjab

    Assembly staged two walkouts during

    the session. These walkouts were

    instigated by the murder of a PTI worker

    and the alleged partisan behavior of the

    Chair. The Opposition also protested on

    the floor of the House once against the

    silence of the federal cabinet over anti-

    Pakistan statements of Indian Prime

    Minister. The sole lawmaker of JI staged

    an individual walkout as well to protest

    against the sale of liquor in the

    province.

  • Free and Fair Election Networkwww.fafen.org

    www.openparliament.pk I www.parliamentfiles.com

    § FAFEN is one of the most credible networks of civil society organizations working for strengthening citizens' voice and accountability in Pakistan since 2006.

    § FAFEN has harnessed information technology for real-time monitoring, facilitation and technical backstopping of partners for effective and result-based program delivery.

    § FAFEN is the only civil society group to have been invited by the Judicial Commission to present the evidence of illegalities and irregularities documented through the course of General Elections 2013 Observation. The systemic and procedural issues identified by FAFEN have been acknowledged by the commission in its detailed findings.

    § FAFEN's recommendations for electoral reforms have contributed to the work of Parliamentary Committee for Electoral Reforms.

    § FAFEN's advocacy for parliamentary transparency, accountability and reforms has shaped public discourse on parliamentary reforms. Improved citizens' access to parliamentary information including daily public release of parliamentarians' attendance records can be directly attributed to FAFEN's work.

    § FAFEN deployed 18,000 and 40,000 non-partisan and trained observers for the systematic observation of general election 2008 and 2013, respectively, largest citizens' observation ever undertaken in Pakistan.

    § FAFEN's evidence and recommendations for reforms have improved the quality of public and political discourse on elections, its issues and need for reforms. Leading political parties and media houses extensively use FAFEN's election findings and analysis to build a case for reforms.

    § With more than 16,900 followers on Twitter and around 72,000 on Facebook, FAFEN is considered one of the most reliable sources of electoral and parliamentary information in the country.

    ABOUT FAFEN

    This report is based on direct observation of the proceedings of the Punjab Assembly conducted by PATTAN

    Development Organization – a member organization of FAFEN. Every effort has been made to keep this

    report, which deals with on-floor performance of the Members, accurate and comprehensive. Errors and

    omissions are excepted.