317 - 49th SessionNationalAssembly
317 - 49th SessionNationalAssembly
317 - 49th SessionNationalAssembly
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List of Abbreviations
ANP BNPA CAN CDA FATA FIA IND MMAP MQM NEPRA NPP PML PMLF PMLN PO PPPP PPPS PTCL WAPDA Awami National Party Balochistan National Party-Awami Calling Attention Notice Capital Development Authority Federally Administrated Tribal Areas Federal Investigation Agency Independent Muttahida Majlis-e-Amal Party Muttahida Quami Movement National Electric Power Regulatory Authority National People's Party Pakistan Muslim League Pakistan Muslim League-Functional Pakistan Muslim League-Nawaz Point of Order Pakistan People's Party Parliamentarians Pakistan People's Party-Sherpao Pakistan Telecommunication Company Limited Water and Power Development Authority
This report is based on direct observation of National Assembly proceedings conducted by CPDI-Pakistan, a member organization of FAFEN.
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Executive Summary
Marked by passage of four education related bills amid walkouts on the imposition of Governor's rule in Balochistan and the debate over creation of new provinces, the 49th session of National Assembly witnessed a historic change in the rules of procedure allowing standing committees power to scrutinize ministerial budgetarty proposals before made part of the federal budget. Passed in the seventh sitting, under the amendment in rule 201 of the Rules of Proceure, Each ministry shall submit its budgetary proposals relating to Public Sector Development Program (PSDP) for the next financial year to the relevant standing committee not later than the 31st January of preceding financial year and the standing committee shall make recommendations thereon not later than the 1st March of the preceding financial year. Interestingly in this session more private members' bills three were passed than the government bills one. The sole government bill passed during the session - the Islamabad Capital Territory Private Educational Institutions (Registration and Regulation) Bill 2012 - seeks to regularize private educational institutions in Islamabad. The three private members' bills passed during the session called for establishing universities in Lahore and Islamabad, including a South Asian Strategic Stability Institute (University). Additionally eight government and five private bills were introduced and sent to the relevant standing committees. The session witnessed 18 walkouts consuming 557 minutes 38% of the session time. Nearly half of the protests were staged by MMAP members over the imposition of Governor's rule in Balochistan. Apart from recording their protests on the floor, legislators walked out of the house amid debate over creating new provicnes. However the debate over law and order and power shortages remained in the background. The house left 66% agenda items listed on the orders of the day unaddressed as it witnessed low attendance and participation of legislators. The session addressed 34% of 160 agenda items - 75 private and 85 government - appearing on the orders of the day, including four bills, ten calling attention notices, a resolution, a privilege motion and a motion under rule 259. One resolution was introduced as supplementary agenda. The session from January 21 to February 8, 2013 lasted a little more than 24 hours. All 12 sittings lasting an average two hours remained 52 minutes behind schedule. Members' attendance remained low throughout the session. On average 59 (17%) members were present at the beginning, 48 (14%) at the end and a maximum 118 (35%) were present at any one point during each sitting. These figures are based on headcounts conducted by FAFEN observer since the National Assembly does not make attendance record of legislators' public. The Prime Minister and the Leader of the Opposition each attended a single sitting. The Speaker chaired 5% of the proceedings, the Deputy Speaker 51% while the remaining 44% of the session was presided over by members of Panel of Chairpersons. The parliamentary leaders also did not take an active part in the session. On average parliamentary leaders attended three sittings during the session. However attendance of chief whips was relatively better as they attended at least half of the sittings, with the exception of PMLF and
Parliament Watch
An essential component of democracy is publicly accessible information about the political decision-making processes, such as parliamentary deliberations among elected representatives. Citizens must have information about whether, and how their representatives are performing in the Parliament in order to hold those elected leaders accountable. The Parliamentary Watch and Reforms Program (PWR), an initiative of the Free and Fair Election Network (FAFEN), aims to collect and publish information about the job performance of members of the National Assembly (MNAs) by observation of these directly elected representatives' actions. FAFEN intends to foster informed engagement between constituents and elected representatives in Pakistan by providing objective and statistically-sound information on parliamentary processes and decisions. The methodology of the PWR is to deploy trained observers to the National Assembly in order to monitor their performance using a detailed, standardized checklist and reporting forms covering all types of parliamentary business. The information gathered is measured against the neutral and objective framework of the rules of parliamentary procedure. FAFEN's PWR focuses on directly-observed parliamentary procedure in addition to parliamentary output. In other words, FAFEN's criterion for assessing parliamentary effectiveness are primarily process-oriented and secondarily results-oriented.
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MQM. Members' participation was low. Only 23 members (7%) submitted agenda, 79 (23%) debated it and (43) 13% did both. One of the 15 resolutions appearing on the orders of the day was unanimously adopted. Jointly moved by Independents and PPPP, ANP, MQM lawmakers, the resolution called on the government to recognize the services of the provincial legislators killed in terrorists' attacks in Karachi and Peshawar. Ten standing committee reports were presented in the house during the session. Apart from the report of the Standing Committee on Rules of Procedure and Privileges which led to change in the rule 201 on budget process, the Public Accounts Committee presented a report on the refusal of the Supreme Court registrar to appear before the PAC. A commission on creating new provinces out of Punjab also presented its report in the house during the session. As many as 569 questions - 234 starred and 335 unstarred were asked by 52 legislators. A total of 392 questions were responded to by ministries as MNAs asked 70 supplementary questions. The construction of housing societies on fertile agricultural land, shortage of petrol, Higher Education Commission's expenditures, corruption by Federal Board of Revenue, unauthorized occupation of government quarters, outstanding loans and performance of Pakistan Steel Mills, and increase in electricity and gas tariffs were some of the issues highlighted through ten calling attention notices on which legislators received government assurances. On 122 points of order, among other issues legislators expressed their views on the Governor's rule in Balochistan and the creation of new provinces. Members' speeches and the treasury's rejoinders on points of order consumed 40% of the proceedings' time. FAFEN hopes this report will be a valuable contribution to creating both a more informed citizenry and an increasingly responsible Parliament. On the basis of its ongoing observation FAFEN recommends: 1. National Assembly sittings should be open to citizen observers who apply for accreditation through a standardized process. FAFEN takes this opportunity to reiterate its request for permanent accreditation to observe all assembly's proceedings. FAFEN had to acquire ad-hoc measures to observe this session as well. 2. The National Assembly should consider keeping a public record of parliamentary business similar to that presented in this FAFEN report so that constituents can be informed over time about the performance of their elected representatives. 3. Complete information (and relevant documents) about all assembly's business should be available to all Members, especially regarding the progress of legislation, calling attention notices (CANs), and other key policy decision-making processes. Such information should also be available to the public on the assembly's websites and/or at the assembly's secretariat. 4. Transcripts of all substantive discussion in the assembly on policy matters especially debate on legislation should be available on the assembly's website immediately after it takes place. Most of the times, vital pieces of legislation are passed without the necessary three readings of the bill. During the course of the session, a total of four bills were passed. The information regarding the voting and the readings is still not updated on the assembly's website. 5. The Secretariat should keep records of actual time spent by members in the assembly chamber and especially whether there is a quorum. This information should be publicly available. FAFEN has made repeated attempts to get the attendance document of the members. Low members' attendance was observed during the session. 6. No vote should be allowed, especially on legislation, without a quorum. The issue of lack of quorum has persisted for a long time. It seems that the opposition and the treasury benches have reached an unwritten understanding over not pointing out quorum. 7. Efforts should be made to understand and address why 57% of the members did not participate actively in the 49th session. 8. All Ministers (or a designated representative of each ministry and the cabinet) must be required to be present during question hour at each relevant sitting. All questions must be responded to within a stipulated time frame. Transcripts of all questions including the ones that the secretariat finds inadmissible and responses should be
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made available to members and to the public. 9. The chair should be responsible for ensuring that business planned in the orders of the day is accomplished during each sitting or at least during a full session, particularly with regard to consideration of legislation, resolutions, and CANs. 10. Additional orientation and training of members is needed regarding their fundamental responsibilities, especially to their constituents as well as basic parliamentary procedures, particularly those that are commonly misused, such as points of order. A total of 122 points of order were raised, which consumed 40% of total time. None of the points of order raised attracted formal ruling of the chair. 11. The secretariat should develop publicly accessible mechanism to track government assurances given to the assembly and progress made against each assurance. 12. A full-day sitting should be allotted to issues related to constituencies at least once in a session as the existing half an hour of each sitting allowed for this purpose by the Rules of Procedures and Conduct of Business is inadequate, compelling the members to raise constituency issues on points of order. The following table presents a comparative statistical analysis of the status and number of agenda items appearing on the orders of the day, during the 48th and 49th session. Table: Comparison of the 48th and the 49th sessions on the basis of the orders of the day Sr. No Agenda Items 48thSession 49th Session
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Stared Questions Taken Up Stared Questions Not Taken Up Unstarred Questions Calling Attention Notices Taken Up Calling Attention Notices Not Taken Up Legislative Business Taken Up Legislative Business Not Taken Up Standing Committee Reports Presented Standing Committee Reports Not Presented Motion Under Rule 259 Taken Up Motion Under Rule 259 Not Taken Up Resolutions Taken Up Resolutions Not Taken Up Matter of Public Importance Taken Up Matter of Public Importance Not Taken Up Amendment to the Rules and Procedure Taken Up Amendment to the Rules and Procedure Not Taken Up Points of Order 58 166 266 11 2 16 6 7 2 2 10 2 12 1 1 0 2 182 42 174 335 10 6 17 9 10 3 1 17 1 14 0 0 1 1 122
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average, 52 minutes behind schedule. The shortest sitting lasted 10 minutes (February 8), while the longest spanned four hours (January 21). The house took a 41-minute prayer break during the first sitting.
1.2 Members Participation Participation has been classified into three categories parliamentarians who only tabled agenda item(s) on the orders of the day; legislators who did not submit any agenda item but took part in discussions and deliberations in the house, and members who submitted agenda items and participated in debates as well. In the 341-member house, 43% members (145) participated during the session. Members participated more keenly in debates (79 members), whereas 23 only submitted agenda; 43 did both. The participation of the PPPP and PMLN legislators the two largest parties in the National Assembly stood at 39% and 52%. However, 72% of the total 25 MQM members in th house took part in the proceedings. The members of BNPA, NPP and PMLF did not take part in the session.
Currently, there are 263 males and 78 females in the lower house. Relative to their respective strengths in the house, nearly half of the total women participated in the session's proceedings compared to 41% of their male counterparts.
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Male and female legislators remained more active in airing their opinions during debates than submitting agenda on the orders of the day.
In the wake of law and order situation in Balochistan and Sindh, 71% and 53% members representing the two provinces respectively participated during the session, while less than half from other provinces did so. Five out of the 11 FATA members took part in the proceedings, while parliamentarians from the Islamabad Capital Territory (ICT) abstained from participating in the session. Five out of ten minority members, on average, participated in the session.
1.3 Members' Attendance The National Assembly does not make public the attendance records of members. FAFEN conducts a headcount at the start and end of each sitting. Members' attendance reflects upon their interest and presence in the parliamentary proceedings. Low attendance persisted during the session. On average only 59 (17%) members were present at the outset and 48 (14%) at the adjournment and a maximum 118 members (35%) were sighted in the plenary, per sitting. On average, six of the ten minority members attended the session. According to clause (2) of Article 55 of the Rules of Procedure and Conduct of Business of the National Assembly, if at any time during a sitting, attention of the chairperson is drawn to the fact that less than one-fourth of the total membership of the assembly is present, he shall either suspend the business of the assembly until at least one-fourth of such membership is present, or cause the bells to be rung for five minutes, but if no quorum is available even on resumption of the proceedings after suspension or, when the bells stop ringing, he shall adjourn the sitting for the next working day: provided that the suspension of the business of the sitting shall not be for more than one hour. The quorum was visibly lacking at various stages in nearly all sittings during the session. However, it was pointed out only once by a PMLN legislator during the last sitting, which was adjourned.
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1.4 Key Members' Attendance Attendance in sittings is crucial for members, especially those holding important positions (Speaker, Deputy Speaker, Prime Minister and the Leader of the Opposition) to perform their legislative and representative roles. The Prime Minister, the Leader of the Opposition each attended a single sitting during the proceedings. The Speaker chaired 5% of the proceedings, the Deputy Speaker 51% while the remaining 44% of the session was presided over by members of Panel of Chairpersons.
The ANP parliamentary leader did not attend the session. However, the PML party head attended three sittings, followed by MMAP and MQM two sittings each and a single sitting was attended by the PMLF party leader. Among the single member parties, the NPP member attended nine sittings, PPPS three and a single sitting was attended by the BNPA member.
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On the other hand, the attendance of chief whips, responsible for maintaining discipline in their parties, was much better. All chief whips were present in at least half of the sittings.
3.0
This section is concerned with legislators' efforts to represent the interests of their constituents through calling attention notices and to monitor government accountability, especially through questions submitted during the question hour, and the ministers' responsiveness to those questions. The question hour was not held during four sittings; twice according to rules and as many times on other occasions based on the Speaker's discretion. Legislators mostly submitted unstarred questions requiring written response to the ministries/departments. 3.1 Questions and Responses Question hour gives legislators the opportunity to monitor the government's performance. Answers to questions may be demanded in written or oral form, referred to as unstarred or starred questions, respectively. As many as 569 questions 234 starred and 335 unstarred were submitted by 52 MNAs during the session. A total of 392 questions were fully responded to, including 42 starred questions taken up on the floor. Additionally, 70 supplementary questions were asked to get further clarity on the responses to the questions. The Speaker dispensed with the question hour twice; once on the occasion of Eid-e-Milad-un-Nabi and again to offer condolences on the demise of former Chief Minister of Balochistan. According to the rules and procedures of the National Assembly, the question hour was not held on two private members' day the 2nd and the 6th sittings.
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Sixteen females and 36 males submitted questions during the session, both submitting more unstarred questions on the agenda. The opposition PMLN submitted 67% of the questions followed by 22% by the coalition member MQM. Men and women from both parties addressed maximum questions to the Ministries of Water and Power, and Interior.
An analysis of the province wise submission of questions reveals that maximum questions were submitted by lawmakers from Punjab (365), followed by MNAs from Sindh (157), KP (31) while the lawmakers from Balochistan submitted 16 questions. As many as 38 ministries received questions during the session. Nearly half of the questions submitted were addressed to four ministries: the Ministry of Water and Power (17%), followed by Interior (12%), and more than 9% to both the Cabinet Secretariat, and Defence.
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3.2 Calling Attention Notices (CANS) This section highlights the efforts of members in raising matters of public interest through calling attention notices. Under rule 88 (chapter XI) of the Rules of Procedure and Conduct of Business, a member may call the attention of a minister to any matter of urgent public importance and the minister may make a brief statement or ask for time to make a statement at a later hour or date provided that no more than one notice shall be allowed to a member per sitting. Ten out of 15 CANS appearing on the orders of the day were taken up by the house. Legislators mostly pointed out national and constituency based issues such as the construction of housing societies on fertile agricultural land, shortage of petrol, HEC's expenditures, corruption by FBR, increased prices of cement, unauthorized occupation of government quarters, nonpayment of wages to laborers in brick kilns, outstanding loans and performance of Pakistan Steel Mills, increase in electricity and gas tariffs. Issues related to shortage of gas in some sectors in Islamabad, possession of plots in Park Enclave Islamabad and recovery of illegal explosives in Karachi were not taken up.
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3.3 Motion under rule 259 Any minister or a member may give notice of a motion that any policy, situation, statement or any other matter may be taken into consideration. No question shall be put at the conclusion of the debate unless any minister or a member, with the consent of the chair, moves a substantive motion immediately after in appropriate terms in which case, a question shall be put. One of the eighteen motions under rule 259 appearing on the orders of the day was taken up. It called for a debate on law and order in the country. Eighteen members sponsored the motions nine female, six males. PMLN lawmakers took the lead in submitting motions as 12 MNAs from the party submitted motions, followed by five MQM members and one legislator from PPPP.
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4.2 Private Members' Bills Fifteen private members' bills appeared on the orders of the day. Three of them - the Dar-ul-Madina International University Bill 2013, the South Asian Strategic Stability Institute University Islamabad Bill 2013, and the My University Islamabad Bill 2013 - were passed. Five more private members' bills were introduced and sent to the standing committees. Six bills were not taken up during the session and one was deferred.
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Passed Bills The Dar-ul-Madina International University Bill 2013 This bill seeks to establish of a new university in Lahore to remove difficulties of the common man in the pursuit of higher education and raise the standard of educational facilities. The South Asian Strategic Stability Institute University Islamabad Bill 2013 The establishment of the South Asian Strategic Stability Institute (university) in Islamabad aims to make a leading contribution towards regional and international academic and policy-oriented research discourses about South Asian security and stability. The MY University Islamabad Bill 2013 The bill seeks the establishment of MY University in the federal capital aiming to contribute to the higher education learning in Pakistan by promoting, innovation, research, training and learning in the fields of both social and natural sciences. 4.3 Standing Committee Reports Of 13 reports on the agenda, ten were presented before the house during the session. Apart from the report of the Standing Committee on Rules of Procedure and Privileges which led to change in the rule 201 on budget process, the Public Accounts Committee presented a report on the refusal of the Supreme Court registrar to appear before the PAC. A commission on creating new provinces out of Punjab also presented its report in the house during the session.
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4.4 Resolutions Through resolutions, the house expresses its opinion, makes recommendations, or conveys a message on a definite and important issue. Resolutions may be moved by ministers or private members. Out of the 15 resolutiuons appearing on the orders of the day, one was unanimously adopted. It urged the government to honor the legislators of the Sindh and Khyber Pakhtunkhwa assemblies who have been killed in terrorist acts. This resolution was jointly submitted by the legislators of MQM, PPPP, Independents and ANP. All other resolutions on increasing the basic salaries of federal employees, performance of the PIA, increasing use of narcotics among youth, railways' defict, water shortage among others, were not taken up by the house.
5.0
This section deals with issues raised through points of order and the time consumed by them. It also reviews the questions of privileges and the instances of protests, walkouts or boycotts during the session.
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5.1 Points of Order Points of order are raised on the floor of the house when a member has to highlight a breach in the assembly rules and procedures and code of conduct. A point of order's admissibility in the assembly output is subject to the chair's ruling. Speeches by members and treasury rejoinders on 122 points of order consumed nine hours and 45 minutes - 40% of the total session time otherwise allocated for the regular agenda. Table 5.1: Points of Order
Seventy-eight members spoke on 122 points of orders. A maximum issues were highlighted by the PPPP (56), followed by PMLN (41), MQM and PML (14 each), MMAP (13), ANP (12) and the single member of PPPS spoke once to criticize media. In addition, Independent members also highlighted eight issues. On most of the points of order legislators expressed their views on the issue of creating new provinces, Governor's rule in Balochistan, and law and order situation in the country.
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5.2 Walkouts Boycotts and Protests The house witnessed 18 instances of walkouts consuming nine hours and 17 minutes - 38% of the proceedings' time. Every sitting of the session witnessed a protest or walkout. MQM, MMAP, PML, PMLN, FATA, PPPP and ANP legislators aired their grievances through protests on the Governor's rule in Balochistan and the creation of new provinces. MMAP lawmakers staged half of the protests and walkouts over the imposition of governor rule in Balochistan. PMLN members walked out of the house over the issue of new provinces and the killings of political workers. Members from FATA walked out over killings in Bara and Waziristan.
GLOSSARY
Adjournment Motion A motion to adjourn the business of the assembly for the purpose of discussing a definite matter of recent and urgent public importance. Chairperson In relation to a sitting, any person who is presiding at that sitting. Calling Attention Notice A notice by which a special question of public importance involving law and order may be raised. Chair The presiding officer at a meeting of the house. Committee A parliamentary committee constituted under pules of procedure, comprising various members of parliament. Deputy Speaker When the office of Speaker is vacant or Speaker is absent or is unable to perform his functions due to any cause the Deputy Speaker acts as the Speaker of the House. Leader of the Opposition "Leader of the Opposition" means a member who, in the opinion of the Speaker, is the leader of the majority of opposition members for a certain time period. Legislation The process of crafting law. Member A member of the assembly and for purposes of moving or opposing a bill, an amendment, a motion or a resolution, includes a minister. Minister May refer to the Prime Minister a Federal Minister or a Parliamentary Secretary in respect to any function delegated or entrusted to him by a minister. Opposition The party or parties who do not belong to the governing party. 'Orders of the Day' Orders of the day means the list of business to be brought before the assembly on any day. Point of Order Relates to the interpretation or enforcement of parliamentary rules of business or articles of the constitution that regulate the business of the assembly. The mover of a point of order raises a question which is within the cognizance of the chair. Private Member's Bill A proposed law introduced by a private member. Proceedings The actions taken by the house or by a committee, the most important parts of the proceedings are the decisions that are taken. Quorum Quorum is the minimum number of members of assembly necessary to conduct the business of the assembly. Under Article 55 of the Constitution 1/4th of the total membership of the assembly is required for quorum. Question Hour A time fixed under the rules for asking and answering questions. Resolution A motion for the purpose of discussing and expressing an opinion on a matter of general public interest. Starred Question A question that requires an oral answer in addition to a written reply. Sitting A meeting of the assembly on a day. Table The table of the house.
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About FAFEN
Free and Fair Election Network (FAFEN), established in 2006, is a coalition of 42 leading civil society organizations, working to strengthen all forms of democratic accountabilities in Pakistan. Governed by Trust for Democratic Education and Accountability (TDEA), FAFEN's key achievements are: n Observed the public display of Pakistan's draft electoral rolls and conducted the country's first statistically-valid voters' list audit in 2007 n Deployed more than 18,829 trained, neutral Election Day observers nationwide to watch the February 18, 2008 polls and 264 long-term observers to monitor the pre-election process n Fielded long-term observers nationwide and published 19 pre-election reports n For the February 18, 2008, General Elections, FAFEN conducted 260 simultaneous Parallel Vote Tabulations (PVTs)- the largest effort in the world n Conducted its first survey, Constituents Aspirations Survey, in December 2008 with a sample size of 3,124 respondents to get the description of the state of public opinion and also to get a deeper understanding of the values, attitudes and beliefs of people living in the constituencies n Conducted mapping of organizations working for human rights within Pakistan n Observed general elections at Gilgit-Baltistan in 2009 and by-elections in various constituencies of the Punjab, Balochistan, Sindh and Khyber Pakhtunkhwa in 2010, 2011 and 2012 n Implemented a unique methodology to observe parliamentary proceedings under its Parliamentary Watch Project n Monitors public institutions across Pakistan and issues monthly reports on the state and performance of educational, health and other local level institutions. In addition, monthly reports on prices, crimes, incidence of disease, caseload in lower courts and political and electoral violence are issued FAFEN continues to implement robust programs in-between elections related to monitoring parliamentary affairs, connecting constituents to their elected representatives, monitoring the performance of public and elected institutions and advocating electoral and democratic reforms. FAFEN is also monitoring political and electoral violence, peace activities and promoting active citizenry through ongoing civic education activities across the country. FAFEN is currently implementing Supporting Transparency, Accountability and Electoral Processes in Pakistan in 200 National Assembly constituencies in 119 districts across Pakistan.
224-Margalla Road, F-10/3, Islamabad (P) 051-22 11 026 (F) 051-22 11 047 (E) [email protected] (Twitter) @_FAFEN
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