نشست:28 فروری 2024ء

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Summary of the Proceedings

Wednesday, February 28, 2024

Started at 02:14 p.m.

with a recitation from the Holy Qur’an and its Urdu translation followed by Naat-e-Rasool-e-Maqbool ﷺ.

In Chair     Malik Muhammad Ahmad Khan, Speaker

Panel of Chairpersons

Under Rule 13(1) of Rules of the Procedure of the Provincial Assembly of the Punjab, 1997, Ch Amer Habib, Secretary Assembly announced the Panel of Chairpersons nominated by the Speaker in the following order of precedence:

1.         Rana Munawar Hussain (PP-78)

2.         Syed Ali Haider Gilani (PP-213)

3.         Mr Ghulam Raza (PP-192)

4.         Ms Rahila Khadim Hussain (W-304)

On a point of order, Rana Aftab Ahmad Khan pointed out that in terms of Rule 136 of Rules of Procedure of the Provincial Assembly of the Punjab, 1997, a Member could not move a motion under Article 125 of the Constitution, for any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding three months. It was only the prerogative of Finance Minister or, in his absence, of a Minister acting on his behalf.

Ruling of the Chair

The Speaker announced the following Ruling:

“I will substantiate this matter with the pronouncements of the Supreme Court and actual reading of the Articles of the Constitution, and, I rule that the subject pertaining to the financial matters, budget etc. of the Provincial Assembly has been provided in the Constitution starting from Article 119 to 126. Articles 119 to 124 are applicable when Provincial Assembly & Provincial Government/Cabinet is available and had time to prepare its budget for laying and approval thereof from the House. I rule that:  

1.    Whereas Article 125 has specifically been incorporated in the Constitution for catering eventualities, the one which is prevailing i.e. the Provincial Assembly is available, however, neither the Government/Cabinet has been formed nor it had the time to prepare, lay and get the budgetary approvals by the House.

2.    On the other hand Article 126 of the Constitution deals with the situation where Provincial Assembly does not exist for having been dissolved. This provision (Article 126) was invoked four (4) months ago, when the then Provincial Government/Caretaker Cabinet sanctioned the expenditure of four (4) months while relying upon Article 126 by seeking guidance from an authoritative judgment of the Supreme Court of Pakistan in Haji Saifullah’s Case (PLD 1989 SC 1996), which judgment catered for identical situation earlier in the year 1988-89. The said authorization of expenditures of four (4) months shall lapse tomorrow i.e. on 29th February 2024.The detailed opinion rendered in that respect by the office of the Advocate General Punjab is available and may be resorted to, if need be. 

3.    The prevailing situation is that the first session of the newly elected Provincial Assembly was convened on February 23, 2024, whereas the Cabinet has not yet been formed, hence no Provincial Government exist nor the budget could be prepared and presented due to paucity of time. Therefore, in order to avoid financial shutdown and disruption of essential services in the Province of Punjab e.g. provision of necessary health services, ensuring law & order, the administration of justice, provision of salaries to the civil servants and Judges, unavoidable and uninterrupted payments of energy/fuel/ electricity etc. we have to resort to Article 125 of the Constitution, which caters for such eventualities. It cannot be contemplated that a Provincial Assembly which has sworn in only a few days ago, is expected to prepare, lay, debate and get the budget approved from the House by or before 29th February, 2024. It is for such like eventualities that the framers of the Constitution have incorporated Article 125 in the Constitution.

4.    It may be noted that Article 125 starts with non-obstante clause (notwithstanding anything contained in the foregoing provisions relating to the financial matters), unequivocally settling that the provisions contained in Articles 119 onwards will not be applicable for invoking Article 125 of the Constitution, if circumstances so permit. In my ruling, one cannot contemplate any other possible situation than the one we are in for which Article 126 has to be resorted to. Needless to add that this provision of Constitution not only enables rather empowers the Provincial Assembly to make any grant in advance in respect of the expenditure for a part of any financial year up to a maximum period of three months, pending procedure prescribed in Article 122 of the Constitution for voting of such grant and the authentication of the schedule of expenditure in accordance with the provision of Article 123 of the Constitution. However, it is preferred that instead of availing the maximum period of three months expenditure, as provided in Article 126 of the Constitution, one month’s estimated expenditure be approved by the House, as proposed by the Finance Department and has been accorded with the opinion of the Advocate General, Punjab, as the Provincial Assembly has come into existence and the formation of the Provincial Government/Cabinet is in the offing.  So in these circumstances and with this reading of Article 125, it will prevail as mandatory. If a situation where Government is not available and the previous passed budget will expire on 29th of February 2024, it is a must that this Assembly by voting with the majority moved by a Member can vote upon and pass it. So I rule out the point of order raised by Hon’ble Rana Aftab Ahmad Khan and allow the Member to proceed.”

MOTION FOR GRANTS IN ADVANCE FOR THE PERIOD FROM 1^st MARCH 2024 TO 31^st MARCH 2024 UNDER ARTICLE 125 OF THE CONSTITUTION READ WITH RULE 146 OF THE RULES OF PROCEDURE OF PROVINCIAL ASSEMBLY OF THE PUNJAB, 1997.

The motion moved by Ms Mariam Aurang Zeeb was carried out, in which she had demanded a sum not exceeding Rs.358,941,781,000 be granted to Governor of the Punjab to meet expenditure other than that charged on the Provincial Consolidated Fund for a period of one month (1^st  March 2024-31^st March 2024) during  the Financial Year 2023-24 under Article 125 of the Constitution and Rule 146 of Rules of Procedure of Provincial Assembly of the Punjab, 1997 as votes on Account in respect of all Departments of Government  of the Punjab mentioned in the schedule of authorized expenditure.

Laying of the Schedule of Authorized Expenditure for the period from 1^st March 2024 to 31 March 2024

“THE SCHEDULE OF AUTHORIZED EXPENDITURE FOR THE PERIOD FROM 1^ST MARCH 2024 TO 31 MARCH 2024” was laid before the House.

The Speaker then adjourned the House sine die