“The Provincial Assembly of the Punjab is a unicameral legislature of elected representatives of the province of Punjab, which is located in Lahore, Pakistan. The Assembly was established under Article 106 of the Constitution of Pakistan as having a total of 371 seats, with 66 seats reserved for women and eight reserved for non-Muslims.” — Summary retrieved on October 7, 2019 

In order to run the business of the Government, the Governor of the Punjab, in terms of the provisions of the Article 139 (as adapted in 1973), made the “Punjab Government Rules of Business, 1974”. In these rules, Provincial Assembly of the Punjab was given the status of attached department of Law Department at Sr.No.18 (iii).
However, in recognition of its constitutional status in terms of Article 87, read with Article 127 of the Constitution, the Provincial Assembly of the Punjab was acknowledged as an independent Secretariat when through an amendment in the Rules of Business 1974 vide Notification No. CAB-III-2-48/85 dated 23rd October 1986, the entry related to Provincial Assembly of the Punjab was omitted from the Rules of Business 1974. It is now no longer an attached department of Law Department.

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Administrative Independence

In order to run the business of the Government, the Governor of the Punjab, in terms of the provisions of the Article 139 (as adapted in 1973), made the “Punjab Government Rules of Business, 1974”. In these rules, Provincial Assembly of the Punjab was given the status of attached department of Law Department at Sr.No.18 (iii).

However, in recognition of its constitutional status in terms of Article 87, read with Article 127 of the Constitution, the Provincial Assembly of the Punjab was acknowledged as an independent Secretariat when through an amendment in the Rules of Business 1974 vide Notification No. CAB-III-2-48/85 dated 23rd October 1986, the entry related to Provincial Assembly of the Punjab was omitted from the Rules of Business 1974. It is now no longer an attached department of Law Department.

A Constitutional Body

The Provincial Assembly of the Punjab Secretariat enjoys a unique and special status. Article 87 of the Constitution, read with Article 127, envisages that the Provincial Assembly shall have a separate Secretariat.

The status of Assembly Secretariat being a constitutional body and its employees as civil servants has been acknowledged by the Superior Courts. In a recent judgment dated 5th August 2010 in CA 1513/96, the Hon’ble Supreme Court of Pakistan has held:

“Article 87 read with Article 127 of the Constitution expressly enables the Parliament and the Provincial Assemblies, as the case may be, to make laws for regulation of the terms and conditions of service of the employees of the respective establishments. The employees of such bodies are, therefore, civil servants.”

Service Rules

Article 87, read with Article 127, provides that the Speaker with approval of the Governor may make rules regulating the recruitment, and the conditions of service of persons appointed to the Assembly Secretariat. In exercise of the same powers, the following rules were made to govern the service matters of the employees of the Assembly Secretariat:

The Provincial Assembly of the Punjab Secretariat (Recruitment and Conditions of Service) Rules, 1986.

Financial Autonomy

So far as the financial discipline of the Assembly is concerned, the Constitution again gives a special status to the Assembly Secretariat. Article 88, read with Article 127, provides that the expenditure of the Assembly shall be controlled by the Assembly acting on the advice of its Finance Committee (comprising Speaker, Minister for Finance and such other Members as may be elected there to by the Provincial Assembly of the Punjab). The business of the Finance Committee is governed by the Provincial Assembly of the Punjab Finance Committee Rules 1974 made by the Finance Committee in exercise of the powers conferred by clause (3) of Article 88 read with Article 127 of the Constitution.

Term of Assembly

A Provincial Assembly shall, unless sooner dissolved, continue for term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term.

FunctionsPrint 

The Assembly, in addition to making and unmaking the Provincial Government, performs the following functions:

Legislation

The Provincial Assembly is empowered to make laws for the Province of the Punjab with respect to criminal law, criminal procedure, evidence and any matter not enumerated in the Federal Legislative List. It cannot, however, make any law:

• which is repugnant to the injunctions of Islam as laid down in the Holy Quran and the Sunnah
• which is repugnant to any provision of the Constitution
• which is inconsistent with a federal law
• which violates or contravenes any of the fundamental rights
• which is not in consonance with the Principles of Policy

Overseeing the Government

Various parliamentary tools have been provided in the Rules of Procedure of the Provincial Assembly of Punjab 1997 for obtaining necessary information about the working of the Government Departments, for overseeing the Government, and for making recommendations on matters of general public importance; viz.- Assembly Questions, Call Attention Notices, Adjournment Motions, Resolutions and General Discussion.

Financial Accountability

The Assembly exercises its control over the financial affairs of the Government in two ways; viz consideration as well as approval of the budget and consideration of the Reports of the Auditor General of Pakistan by Public Accounts Committees.

Pre-budget Discussion

The Assembly holds discussion for at least four days in a session which is held during the months of January to March each year, inviting proposals from the Members for the next year’s budget. The proposals are sent to the Government through a resolution of Assembly.

Passing of Budget

A Provincial Government is required to lay a statement of the estimated receipts and expenditure of the Provincial Government known as ‘Annual Budget Statement’ for the next financial year before the Assembly. The Budget is presented to the Assembly on such day and at such time as the Governor may appoint. The Finance Minister, or a Minister acting on his behalf, presents the Budget. The Budget is not referred to any Committee, and the Assembly considers it in two stages:

• general discussion on the Budget as a whole
• discussion and voting on demands for grants, including voting on motions for reduction, if any