In exercise of the powers conferred by sub-section (1) of section-33 of
the Government of National Capital Territory of Delhi Act, 1991(1) of 1992, the
Legislative Assembly of the National Capital Territory of Delhi has made these
Rules for regulating its procedure and conduct of business. These rules were
adopted by the Legislative Assembly on 3rd September, 1997. These rules were
published in Delhi Gazette, Extraordinary, Part IV, No. 205, PRD No. 310 dated
29th October 1997.
These Rules supersede the earlier rules notified by the Lieutenant
Governor and published in Delhi Gazette–Extraordinary–Part-IV dated 11th
November, 1993.
During the Second Legislative Assembly the Rules Committee recommended in
November, 2002, that the list of Govt. Undertakings given in the IInd Schedule
to the rules should be expanded to include also the names of DVB, DJB and the
DTC so as to enable the House Committee on Govt. Undertakings to examine their
working, including their reports and accounts. The DVB and the DJB it may be
mentioned had come into existence subsequent to the framing of the rules, having
been constituted as separate organizations in February 1997 and April 1998
respectfully. The report of the Rules Committee containing these recommendations
was laid on the Table of the House on 23 November 2000 and agreed to by the
House on 24 November, 2000.
Again during the Second Legislative Assembly, pursuant to the direction
from the Speaker, all the rules of Procedure and Conduct of Business in the
Delhi Assembly were subject to a review in a comprehensive manner. As a
consequence of the review, a large number of amendments/modifications were
necessitated in the rules. These amendments were considered by the Rules
Committee and its report containing recommendations in this regard was laid on
the Table of the House on 16 July, 2002 and later on agreed to by the House on
18 July, 2002. All these amendments have been incorporated in the Second Edition
of the Rules.
The Members of Delhi Legislative Assembly (Disqualification on grounds of
Defection) Rules, 1996 made by the Speaker in terms of paragraph 8 of the Xth
Schedule to the Constitution have been incorporated as Appendix I.
Siddharath Rao September, 2002
SECRETARY DELHI Legislative assembly
1. Short Title
2. Definitions
CHAPTER-IISUMMONS TO MEMBERS AND
SEATING ARRANGMENT
3. Summoning of the Assembly
4. Oath or Affirmation
5. Seating of Members
6. Contravention of the provisions of section 17
7. Attendance Register for Members
CHAPTER-IIIELECTION OF SPEAKER, DEPUTY SPEAKER
AND NOMINATION OF PANEL OF CHAIRMEN
8. Election of Speaker
9. Election of Deputy Speaker
10. Panel of Chairmen
11. Election of Chairman in the absence of Speaker, Deputy Speaker and Panel of Chairman
12. Powers of Deputy Speaker and other presiding member
13. Delegation of powers by Speaker
CHAPTER-IVduly
constituted sitting of the assembly
14. Duly Constituted sitting
15. Commencement and Conclusion of sitting
16. Quorum
17. Adjournment of the House and Procedure for reconvening
18. The
effect of Prorogation
lieutenant governor’s Address and
message
to assembly
19. Address by the Lieutenant Governor to the House and its discussion in the Assembly
20. Lieutenant Governor’s Address under
sub-section (1) of
Section-9
21. Government’s right to reply
22. Time limit for speeches
23. Message of the Lieutenant
Governor under sub-section (2)
of section-9
arrangement of business
24. Information about the business to be taken up in the House
25. List of Business
26. Allotment of time for Private Member’s Business
27. Arrangement of Government Business
28. Private Member’s Business
outstanding at the end of
the day
questions
29. Subject-matter of Questions
30. Classification of Questions
31. Admissibility of Questions
32. Short Notice Questions
33. Notice of Starred and Unstarred Question
34. Time for Questions
35. Copies of written answers to be made available to the Member and Disposal of
Questions-Answers in the House
36. Limitation on Number of Questions
37. Allotment of days for oral answers to questions
38. Postponement of questions due to absence of Minister
39. Mode of asking Questions
40. Mode of giving Notice of Questions
41. Manner of answering Questions
42. Questions of Absent Members
43. Withdrawal or postponement of Questions
44. Written answers to Questions not replied orally
45. Supplementary Questions
46. Questions to the Speaker
47. Questions to Private Members
48. Speaker to decide admissibility of Questions
49. Power of the Speaker to change class of Questions
50. List of Questions for the day
51. Questions and Answers to be entered in proceedings of the Assembly
52. Prohibition of publicity of Questions and Answers
in advance half-an-hour discussions
53. Discussion on matters arising out of Questions and Answers
chapter-viii
calling
attention to matter of urgent
publice importance
54. Calling
attention to matters of urgent public importance
chapter-ix
short
duration discussion on matters of
urgent public importance
55. Notice for raising discussion
56. Speaker to decide admissibility
57. No formal motion
58. Time limit for Speeches
chapter-x
motion
for adjournment on a matter of
urgent public importance
59. Method of giving Notice
60. Speaker’s Consent necessary to make Motion
61. Restrictions on right to make Motion
62. Motion for discussion on matters before Tribunals, Commissions, etc.
63. Mode of asking for leave to move Adjournment Motion
64. Time for taking up Motion
65.
Limitation of Time for Discussion
chapter-xi
questions involving BREACH of privilege and contempt
66. Raising a question of Breach of Privilege or Contempt
67. Complaint by Members
68. Conditions of Admissibility
69. Mode of raising Question of Privilege
70. Presentation of Complaint
71. Consideration of Question of Breach of Privilege and Contempt by the House
72. Disposal of a Complaint before the House
73. Motion after Presentation of the Report
74. Substantive Motion
75. Opportunity to person charged
76. Summoning the Party Charged
77. Punishment
78. Groundless Complaint
79. Execution of Orders of the House
80. Brevity of Debate
81. Regulation of Procedure
82. Power of Speaker to refer Question of Privilege or Contempt to Committee
83.
Procedure on Question of Breach of Privilege or Contempt of the House by a member or officer
or
servant of any other House
intimation to speaker of arrest, detention etc. and release of a member
84. Intimation to Speaker by Magistrate of arrest, detention etc. of a member
85. Intimation to Speaker on Release of a Member
86.
Treatment of Communication received from Magistrate
procedure regarding service of a legal process and arrest within the precincts of the house
87. Arrest within the Precincts of the House
88. Service
of Legal Process
chapter-xii
resolutions
89. Notice of Resolution by Private Members
90. Notice of Resolution by Government
91. Subject-matter of Resolution
92. Form of Resolution
93. Conditions of Admissibility of Resolutions
94. Raising discussion on matters before Tribunals or other Statutory Authorities
95. Admissibility of Resolutions
96. Procedure of Private Member’s Resolution
97. Sending copy of Private Member’s Resolution to Government
98. Moving of Resolutions
99. Amendments
100. Notice of Amendments
101. Duration of Speeches
102. Withdrawal of Resolution
103. Resolution not Discussed
104. Splitting of Resolution
105. Repetition of Resolution
106. Copy of
Resolution passed to be sent to Minister
chapter-xiiI
motions
107. Discussion on a Matter of Public Interest by Motion
108. Notice of a Motion
109. Condition of Admissibility of a Motion
110. Speaker to decide Admissibility of a Motion
111. Motion for raising discussion on matter before Tribunals, Commission, etc.
112. Allotment of time and discussion of Motions
113. Time limit for Speeches
114. Motions without Notice
115. Repetition of Motion
116. Motion for postponement of Business
117. Closure
chapter-xiv
LEGISLATION
(a) introduction and publication of
bills
118. Speaker’s power of Publication of Bills before Introduction
119. Notice of Motion or Leave to Introduce a Bill by a Private Member
120. Minister to Communicate the order of the President or the Lieutenant Governor on the Bill
121. Introduction of a Bill dependent on another Bill pending before the House
122. Notice of an Identical Bill
123. Financial Memorandum to Bill and Money Clauses in Bills
124. Explanatory memorandum to Bills delegating Legislative Power
125. Speaker’s power to disallow notice of a Bill
126. Precedence of Private Members’ Bills
127. Copy of Private Member’s Bill to Minister
128. Notice of motion for leave to Introduce a Bill
129. Motion for leave to Introduce and Copies of Bills to Members
130. Introduction of a Bill
131. Power to ask for papers connected with a Bill
132.
Publication of Bills
50
133. Copy of Bill to the Lieutenant Governor and the President
134. Statement regarding Ordinance
(b) Motions After introduction
135. Motion after Introduction
136. Discussion on Principles of Bills
137. Motion to Constitute a Select Committee
138. Person by whom Motions in respect of Bills may be made
(c) procedure after presentation of
report of
the select committee
139. Motion that may be moved after Presentation of Report of the Select Committee
140. Scope of Debate
141. Notice of Amendment
142.
Conditions of
Admissibility of Amendments 54
143. Sanction of the President or recommendation of the Lieutenant Governor to be annexed
to notice of Amendment
144. Minister to communicate sanction/recommendation of President/Lt. Governor to an
amendment to a Bill to Secretary
145. Moving of Amendments
146. Withdrawal of Amendments
(d)
amendments of clauses etc. and consideration of bills
147. Submission of Bills clause by clause
148. Postponement of clause
149. Consideration of Schedule
150. Clause one, Preamble and Title of the Bill
(e) passing & authentication OF
Bills
151. Passing of a Bill
152. Scope of Debate
153. Correction of patent Errors
(F) general
154. Power of Speaker to bring the year of the Bill in conformity with the year of Assent
155. Assent of Bill
156. Note of verbal amendments
(g) reconsideration of bills returned
by the
lieutenant governor
157. Message
of the Lieutenant Governor
chapter-xv
subordinate legislation
158. Laying of Regulations, Rules etc. on the Table
159. Allotment of time for discussion of Amendments
chapter-xvi
Procedure for committees
(a)
general
160. Appointment of Committees of the House
161. Objection to membership of a Committee
162. Chairman of the Committee
163. Quorum
164. Discharge of members absent from sittings of Committees and filling up of their vacancies
165. Resignation of Member
166. Term of a Committee
167. Voting in the Committee
168. Power to appoint sub-committees
169. Sitting of the Committee
170. Committee may sit whilst the House is sitting
171. Venue of sitting
172. Power to take evidence or call for papers, records or documents
173. Party or a witness can appoint a counsel to appear before Committee
174. Procedure for examining witness
175. Strangers to withdraw when the Committee deliberates
176. Signing of the Report of the Committee
177. Special Report by the Committee
178. Availability of report before presentation to Government
179. Presentation of Report
180. Publication or circulation of report prior to its presentation to the House
181. Power to make suggestions on procedure
182. Power of Speaker to give direction on a point of Procedure or otherwise
183. Unfinished work of Committee
184. Secretary to be ex-officio Secretary to the Committees
185. Applicability of General Rules to Committees
(b) business advisory
committee
186. Constitution of the Committee
187. Functions of the Committee
188. Report of the Committee
189. Motion after presentation of report
190. Disposal of outstanding matters at the appointed hour
191. Variation in the allocation of time
(C)
committee on public accounts
192. Constitution of the Committee
193. Functions of the Committee
(d) Committee on estimates
194. Constitution of the Committee
195. Functions of the Committee
(e) committee on government undertakings
196. Constitution of the Committee
197. Functions of the Committee
(F) committee on Government
assurances
198. Constitution and functions of the Committee
(g) committee on petitions
199. Constitution of the Committee
200. Petition to whom to be addressed and how to be concluded
201. Scope of Petitions
202. General form of Petition
203. Consideration on Petitions
204. Consideration of Representations etc.
205. Authentication of signatories to a Petition
206. Document not to be attached to a Petition
207. Counter Signature
208. Notice of Presentation
209. Form of Petition
210. Procedure after Presentation of a Petition
(h) committee on delegated
legislation
211. Constitution of the Committee
212. Functions of the Committee
213. Report of the Committee
(i)
rules committee
214. Constitution of the Committee
215. Functions of the Committee
216. Notice of amendments in rules
217. Chairman of the Committee
218. Procedure for the amendment of the rules
(j) committee of privileges
219. Constitution of the Committee
220. Examination of the question by the Committee of Privileges and its Procedure
221. Examination of the Question by the Committee
222. Disabilities of Members of the Committee
223. Sittings of Committee of Privileges
224. Report of the Committee
(k) questions and reference
committee
225. Constitution of the Committee
226. Functions of the Committee
(l) general purpoes & committee
227. Constitution and Functions
(m) committee on the welfare of
scheduled castes and
scheduled tribes and other backward classes
228. Constitution and Functions
(n) committee on papers laid
on the
table
229. Constitution and Functions
(o) library
committee
230. Constitution and Functions
(p) committee on private members’
bills
and resolutions
231. Constitution and Function
(q) committee on women and child
welfare
232. Constitution of the Committee
233. Functions to the Committee
(r) committee on
environment
234. Constitution of the Committee
235. Functions of the Committee
236. Constitution of the Select Committee
237. Procedure in a Select Committee
238. Notice of Amendments by members other than Members of Select Committee
239. Power of Committee to take Evidence
240. Printing and Publication of Evidence tendered before a Select Committee
241. Record of Decisions of the Committee
242. Report by Select Committee
243. Minutes of dissent recorded by a Member
244. Printing
and Publication of Report
chapter-xvii
resolution for removal of speaker and deputy speaker
245. Resolution for removal of Speaker or Deputy Speaker
246. Admissibility of Resolution
247. Leave of the House to take up Resolution
248. Resolution included in the List of Business on the Appointed Day
249. The Presiding Person at the time of consideration of the Resolution
250. Time limit for speeches
chapter-xviii
motion
of no coNfidence in the council of
ministers
251. Motion of No Confidence
252. Statement by a Minister who has Resigned
chapter-xix
communication between the lieutenant governor and the assembly
253. Communications from the Lieutenant Governor to the Assembly
254. Communications from the Assembly to the Lieutenant Governor
chapter-xx
resignation and vacation of seats in the
house
and absentee members
255. Resignation of Seats in the House
256. Permission to remain absent from sittings of the House
257. Attendance Register
chapter-xxi
general
rules of procedure
(a)
notice
258. Giving of Notices
(b) amendments
259. Amendments which may be admissible
260. Amendment how to put to
Vote 102
(c) Rules to be obserbed by
members
261. Rules to be observed by members while present in the House
262. Member to speak when called by the Speaker
263. Mode of addressing the House
264. Rules to be observed while speaking
265. Procedure for making allegation against any person
266. Questions to be asked through the Speaker
267. Irrelevance or repetition
268. Personal Explanation
(d) order of speeches
& Right of Reply
269. Order of speeches and right of reply
270. Minister’s Rights to intervene in the Debate or to Make a Statement
271. Address by Speaker
(e) procedure when speaker
rises
272. Speaker to be heard in silence
(f)
decision
273. Procedure for obtaining decision of the House
274. Proposal and putting of question
275. No speech after voice collected
276. Decision
(g) speaker’s power to order withdrawal of a member or to adjourn the house or suspend a sitting
277. Peace and Order in the House
278. Suspension of a member in certain circumstances
(h) points of order
279. Points of order and decisions thereon
280. Raising of a matter which is not a point of order
(i) record and report of
proceedings
281. Record of proceedings of the Assembly
282. Report of proceedings of the Assembly
283. Expunction of words from proceedings of the House
(j) admission of strangers
284. Speaker to regulate admission of strangers
285. Powers to order withdrawal of strangers
286. Steps for expulsion of strangers
(k) power of speaker
to make regulations for
election by single transferable vote and
for ballot
287. Speaker
to make regulation for election by single transferable vote and for
ballot
(l) election by the assembly
288. Election by the Assembly
(m) laying of a paper or document on
the
table of the house
289. Laying of any paper or documents on the Table of the House
(n)
miscellaneous
290. Suspension of rules
291. Interpretation and removal of difficulties
292. Residuary powers
293. Speaker’s decision not to be questioned
294. Objection to vote of a member
first
schedules
Form of Communication reg. arrest, detention etc. of a Member (Rules 84 and 85)
Second
schedule
List of Government Undertakings (Rule 197)
third
schedule
Form of Petition (Rule 202 (3))
Fourth
schedule
Form of No Confidence Motion (Rule 251)
ANNEXURE-I
The members of Delhi Legislative Assembly (Disqualification on ground of defection) Rules,1996
RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN
THE LEGISLATIVE ASSEMELY OF THE
NATIONAL CAPITAL TERRITORY OF DELHI
CHAPTER-I
SHORT TITLE AND DEFINITIONS
1. Short Title
These
Rules may be called the Rules of Procedure and Conduct of Business in the
Legislative Assembly of the National Capital Territory of Delhi, 1997.
2.
Definitions
(1) In these
Rules, unless the context otherwise requires–
(a) ‘‘Act’’ means the Government of National Capital
Territory of Delhi Act, 1991 (No. 1 of 1992);
(b) ‘‘Article’’ means an article of the Constitution;
(c) ‘‘Assembly’’ means the Legislative Assembly of the
National Capital Territory of Delhi;
(d) ‘‘Bulletin’’ means the Bulletin of the House
containing; (a) a brief record of proceedings of the House at each of its
sittings, (b) information on any matter relating to or connected with the
business of the House or other matter which, in the opinion of the Speaker, may
be included therein, and (c) information regarding Committees;
(e) ‘‘Capital’’ means the National Capital Territory of
Delhi;
(f) “Clear
Days” include Saturdays, Sundays and holidays but do not included the date
of receipt of a notice by the Secretariat;
(g) ‘‘Committee’’
means any committee elected or constituted by the House or nominated by the
Speaker for any specific or general purpose and which functions under the
direction of the Speaker and presents its report to the House or to the
Speaker;
(h) “Constitution” means the Constitution of India;
(i) “Deputy Speaker” means the Deputy Speaker of the
Assembly;
(j) “Division” means the recording of votes by sending the
members to the lobbies or by adopting any other method;
(k) ‘‘Finance Minister’’ includes any Minister;
(l) “Financial Year” means a period of twelve months
commencing from April 1, and ending on March 31, next following;
(m) “Gazette’’ means the Delhi Gazette;
(n) ‘‘Government’’ means the Government of National Capital
Territory of Delhi;
(o) ‘‘House’’ means the Assembly;
(p) ‘‘Leader of the House’’ means the Chief Minister if he
is the member of the House or a Minister who is the member of the House and is
nominated by the Chief Minister to function as the Leader of the House;
(q) “Legislature’’ means the Assembly;
(r) ‘‘Lieutenant Governor’’ means the Lieutenant Governor
of the National Capital Territory of Delhi appointed by the President under
Article 239 read with Article 239 AA of the Constitution;
(s) “Lobby’’ means the covered corridors immediately
adjoining the Assembly Hall and coterminous with it;
(t) ‘‘Member’’
means a member of the Assembly and also includes for the purposes of Section
11, a Minister;
(u) ‘‘Member-in-charge’’ in relation to a resolution or
motion means the member who has moved such a resolution or motion;
(v) ‘‘Member-in-charge of the Bill’’ means as respects a
Government Bill, any minister, and as respects other Bills, the member who has
introduced the Bill or a member authorised in writing by such member to act in
his behalf;
(w) ‘‘Minister’’ means a member of Council of Minister;
(x) ‘‘Motion’’ means a proposal made by a member for
consideration of the Assembly and includes an amendment to a resolution or a
motion;
(y) ‘‘Naming a Member’’ means drawing by the Speaker the
attention of the House to the conduct of a member with a view to action being
taken against him;
(z) ‘‘Precincts of the House’’ means the Assembly Hall, the
lobbies, the galleries, the rooms in the occupation of the Assembly Secretariat,
the Speaker's room, the Deputy Speaker's room, the Committee room, the Assembly
Library, the Reading room, Party rooms, all accommodation in the charge of
officers of the Assembly Secretariat and approaches leading thereto, and also
such other places as the Speaker may from time to time specify;
(za) ‘‘President’’ means the President of India;
(zb) ‘‘Private member’’ means a member other than a
Minister;
(zc) ‘‘Prorogation’’ means the termination of a session by
an order of the Lieutenant Governor under sub-section (2) of section 6;
(zd) ‘‘Resolution’’ means a proposal for the purpose of
discussing a matter of general public interest;
(ze) ‘‘Roll of Members’’ means a register in which newly
elected members sign, after making and subscribing the oath or affirmation and
before taking their seats for the first time in the House;
(zf) “Rule’’ means a rule of the Rules of Procedure and
Conduct of Business in the Assembly;
(zg) ‘‘Section’’ means a section of the Act;
(zh) ‘‘Secretariat’’ means and includes the Assembly's
Secretariat in Delhi and any other Camp Office set up outside Delhi for the time
being under the authority of Speaker;
(zi) ‘‘Secretary’’ means the Secretary to the Legislative
Assembly and includes any other person as is empowered to perform the functions
of the Secretary;
(zj) ‘‘Select Committee’’ means a Committee of members to
which a Bill is referred by the Assembly for consideration and report;
(zk) ‘‘Session’’ means the period of time commencing from
the first sitting of the Assembly upon the summon of the Lieutenant Governor
under sub-section (1) of section 6 until its prorogation or discussion under
sub-section (2) thereof;
(zl) ‘‘Speaker’’ means the Speaker of the Assembly;
(zm) ‘‘Table’’ means the Table of the House.
2. Words and expressions used
in the Constitution or in the Act and not define herein shall, unless the
context otherwise requires, have the meaning assigned to them in the
Constitution or in the Act.
CHAPTER-II
SUMMONS TO MEMBERS AND SEATING ARRANGMENT
3. Summoning
of the Assembly.
(1) The
Assembly shall be summoned by the Lieutenant Governor from time to time to meet
at such time and place as he may appoint.
(2) The
summons to members shall ordinarily be issued by the Secretary fifteen days
before the date so appointed under sub-rule (1) :
Provided
that when a session is called at short notice or emergently, summons need not be
issued to each member separately, but announcement the date, time and place
shall be published in the Gazette and in the press and members informed
telegraphically.
4. Oath or affirmation.
Every
member of the House, in pursuance of section 12, shall before taking his seat
make and subscribe before the Lieutenant Governor or some person appointed in
that behalf by him an oath of affirmation according to the form set out for the
purpose in the Schedule to the Act and sign the Roll of Members.
5. Seating of Members.
The
members shall sit in such order as the Speaker may determine.
6.
Contravention of the provisions of section 17.
(1) No
person other than a member shall sit on the seat meant exclusively for the
members in the Assembly Hall.
(2) Any
person violating the provisions of section 17 of the Act when so determined by
the Speaker, shall be liable to the penalty provided therefore. The decision of
the Speaker in this behalf shall be final.
7.
Attendance Register for Members.
There
shall be an Attendance Register for the Members which shall be singed by every
member on each day his attendance in the presence of an official deputed by the
Secretary for the purpose.
Provided
that this rule shall not apply to Speaker, Deputy Speaker or a Minister.
CHAPTER-III
ELECTIONS OF SPEAKER, DEPUTY SPEAKER AND
NOMINATION OF PANEL OF CHAIRMEN
8. Election of Speaker.
(1) The
election of Speaker shall be held on such date as the Lieutenant Governor may
fix, and the Secretary shall send to every member notice to this date;
(2)
At any time before noon on the day preceding the date so fixed, any
member may give notice in writing, addressed to the Secretary, of a motion that
another member be chosen as the Speaker of the House, and the notice shall be
seconded by a third member and shall be accompanied by a statement by the member
whose name is proposed in the notice that he is willing to serve as Speaker, if
elected;
Provided that a
member shall not propose his own name, or second a motion proposing his own
name, or propose or second more than one motion.
(3)
A member in whose name a motion stands on the list of business shall,
unless he states that he does not wish to move the motion, move the motion when
called upon to do so. In either case he shall confine himself to a mere
statement to the effect that he moves the motions or that he does not intend to
move the motion.
(4)
The motions which have been moved and duly seconded shall be put one by
one in the order in which they have been moved, and decided, if necessary, by
division. If any motion is carried, the person presiding shall without putting
later motions, declare that the member proposed in the motion which has been
carried, has been chosen as the Speaker of the House.
9. Election of Deputy
speaker.
(1) The
election of the Deputy Speaker shall be held on such date as the Speaker may
fix, and the secretary shall send to every member notice of this date.
(2)
At any time before noon on the day preceding the date so fixed, any
member may give notice in writing, addressed to the Secretary, of a motion that
another member be chosen as the Deputy Speaker of the House, and the notice
shall be seconded by a third member and shall be accompanied by a statement by
the member whose name is proposed in the notice that he is willing to serve as
Speaker, if elected;
Provided that a
member shall not propose his own name, or second a motion proposing his own
name, or propose or second more than one motion.
(3)
A member in whose name a motion stands on the list of business shall,
unless he states that he does not wish to move the motion, move the motion when
called upon to do so. In either case he shall confine himself to a mere
statement to the effect that he moves the motion or that he does not intend to
move the motion.
(4)
The motions which have been moved and duly seconded shall be put one by
one in the order in which they have been moved, and decided, if necessary, by
division. If any motion is carried, the person presiding shall without putting
later motions, declare that the member proposed in the motion which has been
carried, has been chosen as the Deputy Speaker of the House.
10. Panel of Chairmen.
(1) At the
commencement of every financial year the Speaker shall nominate from amongst the
members of the assembly a panel of not more than five members, and any one of
whom may preside over the sitting of the Assembly in the absence of the Speaker
and the Deputy Speaker when so requested by the Speaker, or in his absence, by
the Deputy Speaker or in the absence of the Deputy Speaker also by the
Chairmen.
(2)
A member of the panel of Chairmen nominated under sub-rule (1) shall hold
office until a new panel of Chairmen is nominated.
11. Election
of Chairman in the absence of Speaker, Deputy Speaker and Panel
of Chairmen.
If the
Speaker and the Deputy Speaker are both absent and there is no member of the
panel of Chairmen duly authorised to preside over the sitting of the Assembly,
then, on quorum being present action shall be taken to elect a Chairman for the
sitting in the following manner:
‘‘A member, addressing himself to the Secretary shall propose to the
House some other member then present and move that the said member do take the
Chair of the Speaker till such time as a person competent to preside under the
Act or these rules arrives, and on such a motion being seconded by another
member, the Secretary shall put the motion or motions to the vote of the House.
The member so elected shall occupy the chair.’’
12. Powers of the Deputy Speaker and
other presiding member.
The
Deputy Speaker or any member competent to preside over a sitting of the Assembly
under the Act or these Rules shall, when so presiding, have the same powers as
the Speaker when so presiding, and all references to the Speaker in these Rules
shall, in such a case, be deemed to be references to the person so
presiding.
13.
Delegation of powers by Speaker.
The
Speaker may, at any time, by order in writing, delegate to the Deputy Speaker
and in the absence of the Deputy Speaker to any member of the panel of Chairman,
all or any of his powers under these Rules and may likewise revoke any such
delegation.
chapter-iv
duly
constituted sitting of the assembly
14. Duly
constituted sitting.
A sitting
of the House shall be duly constituted only when it is presided over by the
Speaker or any other member competent to preside over a sitting of the House
under the Act of these Rules.
15.
Commencement and Conclusion of sitting.
(1)
After the commencement of a session, the Assembly shall sit on such days
as the Speaker may, from time to time, having regard to the state of business of
the Assembly and in consultation with the Leader of the House, determine.
(2) Subject to the
directions of the Speaker, the sitting of the Assembly shall commence at such
hour as the Speaker may direct and continue until the business fixed for the day
is concluded;
Provided that if the
Speaker considers proper or the circumstances make it necessary, to do so, the
sitting may be adjourned before the conclusion of the business fixed.
(3) Unless the House
otherwise determines, there shall be no sittings on Saturdays, Sundays and other
public Holidays.
(4)
The sessions shall commence with the playing of the National Song ‘Vande
Matram’ and adjourn sine die with the playing of the National Anthem ‘Jana Gana
Mana’.
16. Quorum.
(1) The
quorum to constitute a sitting of the Assembly shall be one-third of
the total number of members of the House.
(2)
If at any time after commencement of the sitting of the Legislative
Assembly a member draws the attention of the person presiding that there is no
quorum, the Secretary on being directed by the person presiding shall cause the
quorum bell to ring for five minutes and if after the expiry of five minutes,
there is still no quorum, the person presiding shall adjourn the Assembly for a
particular time on the same day or till the next meeting of the Legislative
Assembly.
17.
Adjournment of the House and procedure for reconvening.
(1)
The Speaker shall determine the time when a sitting of the House shall be
adjourned sine-die or to a particular day, or to an
hour or part of the same day;
Provided that the
Speaker may, if he thinks fit, call a sitting of the House before the date or
time to which it has been adjourned or at any time after the House has been
adjourned sine-die.
(2)
In case the House, after being adjourned is reconvened under proviso to
sub-rule (1), the Secretary shall communicate to each member the date, time,
place and duration of the next part or the session.
18. The effect or
Prorogation.
When the
Assembly is prorogued–
(a)
all pending notices, statements and discussions shall lapse and fresh
notices shall be given for the next sessions;
Provided that
questions which have been entered in the list of business, but were postponed
and remained pending for answer at the close of the preceding session shall not
lapse.
(b)
a Bill pending in the House at the time of prorogation shall not lapse by
reason of the prorogation of the House;
(c)
any business pending before a Committee shall not lapse;
(d)
any motion, resolution or amendment which has been moved and is pending
in the House shall not lapse.
CHAPTER-V
LIEUTENTANT GOVRNOR'S ADDRESS AND
MESSAGE TO ASSEMBLY
19. Address by the
Lieutenant Governor to the House and its
discussion in the Assembly.
(1)
At the commencement of the first session after each general election to
the Assembly and at the commencement of the first sessions of each year, the
Lieutenant Governor shall address the House and inform the Assembly causes of
its summons:
Provided that the
making of the prescribed oath or affirmation by a member and the election of the
Speaker, if necessary, may precede the Lieutenant Governor's Address.
(2)
At the first sitting of the Assembly held after the Lieutenant Governor's
Address the Secretary shall lay a copy of such Address on the Table of the
House.
(3)
The Speaker shall in consultation with the Leader of the House allot
time, which shall ordinarily be four days, for discussion on the matters
referred to in the Lieutenant Governor's Address:
Provided that the
discussion on the Address may be postponed in favour of a Government Bill or
other Government business on a motion being made that the discussion on the
Address be adjourned to a subsequent day to be appointed by the Speaker. The
Speaker shall forthwith put the question, no amendment or debate being
allowed.
(4)
On the day or days so allotted, the House shall be at liberty to discuss
the matters referred to in such Address on a Motion of Thanks moved by a member,
and seconded by another member.
(5) Amendments may be
moved to such Motion of Thanks in such form as may be considered appropriate by
the Speaker.
(6)
The rules relating to resolution shall mutatis
mutandis apply to the discussion on such motion:
Provided that no
amendments may be moved except by way of addition of words at the end of the
original motion.
(7) Upon the Motion being
adopted, with or without amendment, the Speaker shall communicate it to
Lieutenant Governor.
(8)
The Speaker shall read to the House if in session, the message of
Lieutenant Governor to the motion.
20.
Lieutenant Governor's Address under sub-section (1) of
section 9.
The
Speaker may allot time for the discussion of the matters
referred to in the Address of the Lieutenant Governor under sub-section
(1) of section 9.
21.
Government's right to reply.
The Chief
Minister or any other minister, whether he has previously taken part in the
discussion or not, shall, on behalf of the Government, have a general right of
explaining the position of the Government at the end of the discussion and the
Speaker may inquire haw much time will be required for the speech so that he may
fix the hour by which the discussion shall conclude.
22. Time limit for
speeches.
The
Speaker may, if he thinks fit, prescribe a time limit for speeches after taking
the sense of the House.
23. Message of the
Lieutenant Governor under sub-section (2) of
section 9.
Where a
message from the Lieutenant Governor for the House under sub-section (2) of
section 9 is received by the Speaker, he shall read the message to the House and
give necessary directions in regard to the procedure that shall be followed for
the consideration of matters referred to in the message. In giving these
directions, the Speaker shall be empowered to suspend or vary the rules to such
extent as may be necessary.
CHAPTER-VI
ARRANGEMENT OF BUSINESS
24.
Information about the business to be taken up in the House.
The
Government shall inform the Assembly Secretariat about the business to be taken
up in the House in the first week of any session at least fifteen days before
the commencement of such meeting and thereafter on each last working day of the
week, the leader of the House or any member of the Council of Ministers shall
inform the House, after the question hour about the business to be taken up in
the next week.
25. List of Business.
(1) A list
of business for each day shall be prepared by the Secretary and a copy thereof
shall be made available for the use of every member.
(2) Save as otherwise
provided in these rules, business, not included in the list of business for the
day shall not be transacted at any sitting without the leave of the Speaker.
(3) Unless the Speaker
otherwise directs, no business requiring notice shall be set down in the list of
business for a day before the period of required notice has expired.
26.
Allotment of time for Private Member's Business.
Private member's
business shall be taken up on each Friday and unless the Speaker otherwise
directs, it shall have precedence over official business:
Provided that the
Speaker may allot different Fridays for the disposal of different classes of
such business and on Fridays so allotted for any particular class of business,
the business of that class shall have precedence.
Provided further that
the Speaker may, in consultation with the Leader of the House, allot any other
day if Friday in the given week happens to be a holiday for the transaction of
Private Members' Business.
27.
Arrangement of Government Business.
On days other than those allotted for the business of Private Members no
business other than Government business shall be transacted without the consent
of the Speaker. The Secretary shall arrange the business in such order as the
Speaker may, in consultation with the Leader of the House, decide:
Provide that the
Speaker may, in consultation with the Leader of the House, alter or amend the
order of the business.
28. Private Member's
Business outstanding at the end of the day.
Private Member's
business set down for the day allotted therefore and not taken up on that day
shall not be set down for any subsequent day unless fresh notice thereof is
received and it has gained priority at the ballot held with reference to that
day :
Provided that any
business which is under decision at the end of that day shall be set down for
the next day allotted for that class of business for Private Member's is
business and shall have precedence over all other business set down for that
day.
CHAPTER-VII
QUESTIONS
29. Subject matter of
Questions.
A
question must relate to a matter of administration for which the Government is
responsible. Its purpose shall be to elicit information or to give suggestion of
action on a matter of public importance.
30.
Classification of Questions.
The
question shall be classified as follows:
(a)
Short notice questions;
(b)
Starred questions; and
(c)
Unstarred questions.
Explanation-1—Short notice question means a question relating to matter
of urgent public importance. It shall be distinguished by placing two asterisks.
Supplementary questions arising out of the answer given can be put thereon with
the permission of the Speaker.
Explanation-2—Starred question means a question on which supplementary
questions arising out of the answer given can be put with the permission of the
Speaker. It shall be distinguished by placing one asterisk.
Explanation-3—Unstarred question means a question to which a written
reply may be given to the member concerned and on which no supplementary
question is permissible.
31.
Admissibility of Questions.
The right
to ask a question shall be governed by the following conditions, namely–
(i) It
shall not bring in any name or statement not strictly necessary to make the
question intelligible.
(ii) If
it contains a statement by the member, the member asking it shall himself be
responsible for the accuracy of the statement.
(iii) It shall not be
excessively lengthy.
(iv) It
shall not contain arguments, inferences, ironical or offensive expressions,
imputations, epithets or defamatory statements.
(v) It
shall not be asked for an expression of opinion or for the solution of a legal
question, or a hypothetical proposition.
(vi) It
shall not refer to the character or conduct of any person except in his official
or public capacity, nor relate to individual cases, unless a matter of principle
is involved.
(vii) It
shall not repeat in the same session in substance questions already answered or
to which an answer has been refused.
(viii)
It shall not ask for information which is available in accessible
documents or in ordinary works of reference.
(ix) It
shall not ask for information on a matter which is under adjudication by a Court
of Law having jurisdiction in any part of India.
(x) It
shall not refer to the conduct of any judge or a Court of Law having
jurisdiction in any part of India in relation to his or its judical
functions.
(xi) It
shall not make or imply a charge of a personal character.
(xii) It
shall not ask for information on matters of limited importance or on vague or
meaningless matters, nor information of too many details.
(xiii)
It shall not relate to day-to-day administration of local bodies or other
semi-autonomous bodies. The Speaker may, however, allow questions which arise
out of their relationship with the Government or relate to breaches of law or
rules or to important matters of public interest.
(xiv) It shall not refer
to debates in the current session.
(xv) It
shall not criticise decisions of the House.
(xvi) It
shall not seek information about matters, which in their nature are secret, such
as, decision on Proceedings of the Council of Ministers, advise given to the
Lieutenant Governor by Law Officers and other similar subjects.
(xvii)
It shall not deal with a matter before a Committee or with matters within
the jurisdiction of the Chairman of a Committee or the authorities of the
House.
(xviii)
It shall not deal with a matter which is within the exclusive
jurisdiction of the Speaker.
(xix) It
shall not relate to a statement made by a private individual or a non-official
body.
(xx) It
shall not reflect on the character or conduct of those persons whose conduct may
only be challenged on a substantive motion.
(xxi) It
shall not raise questions of policy too large to be dealt with in the limits of
an answer to a question.
(xxii)
It shall primarily relate to one department.
(xxiii)
In matters which are, or have been, the subject of correspondence between
the Central Government and the Government, no question shall be asked except as
to matters of fact and the answer shall be confined to a statement of facts.
(xxiv)
It shall not enquire about matters pending before any statutory tribunal
or statutory authority performing any judicial or quasi-judicial functions or
any Commission or Court of Inquiry appointed to enquire into or investigate any
matters, but may refer to matters concerned with procedure or scope of stage of
inquiry, if it is not likely to prejudice the consideration of the matter by the
Tribunal, statutory authority, Commission or Court of Enquiry.
32.
Short Notice Questions.
(1)
Whenever a member desires to ask a short notice question he shall give
three clear days notice of such a question in writing to the Secretary. The
Secretary will ordinarily obtain the orders of the Speaker regarding the
admissibility of the question within 24 hours of its receipt.
(2) After the orders of
the Speaker have been obtained, a copy of the question shall be sent to the
Minister concerned requesting him to inform the Secretary whether he is in a
position to answer the question at a short notice.
(3)
If the Minister agrees to answer it at short notice, it shall be placed
immediately on the List of Business or so soon thereafter as the Speaker may
direct.
Provided that not
more than two short notice questions shall be placed in the list of Business for
any one day.
(4)
If the Minister concerned is not in a position to answer it at short
notice and the Speaker is of the opinion that it is of sufficient public
importance, he may direct that it may be given priority on the list of questions
for the day as determined by the Speaker and answered as a starred question and
be placed in a separate annexure:
Provided that the
number of such priority given questions on the List of Business for the day
shall not exceed three and not more than one question of any one member shall be
placed therein.
(5) Where two or more
Members give short notice questions on the same subject and the question of one
of the Members is accepted for answer at short notice, the names of the other
members shall be bracketed with the name of the member whose question has been
accepted for answer:
Provided that the
Speaker may direct that all the notices be consolidated into a single notice if
in his opinion it is desirable to have a single self-contained question covering
all the important points raised by Members and the Minister shall than give his
reply to the consolidated question.
Provided further that
in the case of consolidated question the names of all the Member concerned may
be bracketed and shown against the question on the order of priority of their
notices.
33.
Notice of Starred and Unstarred Question.
(1) Not less
than twelve clear days notice of starred and unstarred questions shall be given
in writing by the Member to the Secretary.
(2) Such question shall
ordinarily be forwarded to the Government by the Secretary within three
days:
Provided that unless
the Speaker otherwise decides, no question shall be placed on the list of
questions for answer until the expiration of nine days from the date of the
notice of such question to the Minister or the department concerned.
Provided further that
if the Speaker is of opinion that a longer period is necessary to decide about
the admissibility or non-admissibility of a question, the question shall be
placed on the list of questions for answer at a day later than it should have
been fixed under the rules.
(3)
The provisions of sub-rule (5) of rule 32 shall also apply in the case of
notices of starred and Unstarred questions.
(4)
The relative precedence of the notice of question for oral answers given
by members shall be determined by ballot, to be held in accordance with the
directions given by the Speaker, on such day as the Speaker may appoint.
(5) Where a notice of
question has been received from more than one Member, only names of five Members
including the name of such Member in whose name the question has got priority in
balloting shall be placed on the list of questions.
34. Time for
Questions.
Unless
the Speaker directs otherwise the first hour of every sitting shall be available
for asking and answering of questions during which–
(1) priority given
starred question shall be taken up first;
(2) thereafter, the
starred question, listed for the day, shall be taken up;
(3) replies to unstarred
question shall be deemed to have been laid on the Table of the House;
(4) then the
short notice questions shall be taken up after the Question Hour is over.
35. Copies of written
answers to be made available to the Member
and Disposal of Question-Answers in the House.
(1) A copy
of written answer to a question shall be made available to the member concerned
on the day for which the question is listed for answer.
(2)
The answers to short notice questions and starred questions shall be read
out by the Minister concerned and answer to all such unstarred questions
included in the List of Business which have not been postponed, shall be deemed
to have been laid on the Table of the House and such unstarred questions and
their written answers shall be published as part of the proceedings for the
day.
36.
Limitation on Number of Questions.
(1)
A member may give notice of only five questions in a day including short
notice questions, starred questions and unstarred questions. In case any Member
gives notice of more than five questions on any day, his first five notice may
be taken up and rest of the notice shall be deemed rejected.
(2)
Not more than twenty questions distinguished by asterisk marks shall be
placed on the list of questions for oral answer on any one day and not more than
three starred questions of any one member shall be placed on the list. Starred
question of the members in excess of three fixed for any one day, shall be
placed on the list of unstarred questions:
Provided that the
total number of unstarred questions fixed for any one day shall not ordinarily
exceed 200.
37.
Allotment of days for oral answers to questions.
The time
available for answering questions shall be allotted on different days in
rotation for the answering of questions relating to Minister or Ministers
concerned in such manner, as the Speaker may, from time to time, provided and on
each such day, unless the Speaker with the consent of the Minister concerned
otherwise directs, only questions relating to the Minister or Ministers, for
whom time on that day has been allotted, shall be placed on the list of
questions for answer. This rule shall not apply to short notice questions.
38.
Postponement of questions due to absence of Minister.
In the
event of the absence of Minister concerned on account of special or unexpected
circumstances, the Speaker, on request being made in that behalf, may postpone
the question to any future day.
39. Mode of
asking Questions.
(1) During the question
hour the Speaker shall call successively each Member in whose name a question is
listed with due regard to priority of questions or in any other manner as the
Speaker may in his discretion decide and such member when so called shall stand
in his seat to indicate his presence. If the Member called is absent the Speaker
shall pass on the next question.
(2)
The Member who has given notice of the question shall rise in his place
to ask question by reference to its number on the list of question when called
by the Speaker and Minister concerned shall give the reply immediately.
Provided that when
the question is shown in the name of more than one member, the Speaker shall
call the name of first member or, in his absence, the name of second member, and
so on.
40. Mode of
giving Notice of Questions.
The questions shall be addressed to the Minister of the department
concerned, and notice thereof shall be given to the Secretary in writing.
Explanation–Questions received on a day shall be
treated as of the same date irrespective of the fact that the questioner may
have put different dates on them.
41. Manner of
answering questions.
(1)
Answers to questions shall be relevant to the subject matter of questions
and may take the form of laying statements on the Table of the House if so
decided by the Speaker.
(2)
A questions shall be replied on the date on which it is listed. If the
information required by the Member is not available, the Minister shall state
the position accordingly, and the Speaker
may allow such further time as he may under the
circumstances deem proper and fix a date for the answer.
(3)
If the Minister is of opinion that the information required by a Member
cannot be given in public interest, he will say so. The refusal of a Minister to
supply the information on this ground cannot be raised as a matter of privilege
nor can a motion for adjournment of the House be brought on this ground.
42.
Questions of absent members.
When all
the questions for which an oral answer is desired have been called, the Speaker
may, if time permits, call again any question which has not been asked by
reasons of the absence of the member in whose name it stands, and may also
permit a member to ask a question standing in the name of another member if so
authorised by him or if any other Member is interested in that question.
43.
Withdrawal or postponement of questions.
A Member
may, with the consent of the Speaker, by notice, given at any time before the
sitting for which his question has been placed on the list, withdraw his
question, or make a request to postpone it to a later day to be specified in the
notice, and the question fixed for such later day, subject to the provisions of
Rule 34, shall be placed on the list after the questions tabled for that
day.
44.
Written answers to questions not replied orally.
(1) If a
short notice or starred question fixed for reply on any date is not taken up in
the House on the said date for any reasons whatsoever, it shall be deemed to
have been answered and the written answers to all such questions shall be
published as part of the proceedings of the day.
(2)
If there is no Question Hour owing to the cancellation of a sitting or
its adjournment without transacting any business, the answers to questions
included in the lists of questions for oral as well as writing answer shall be
deemed to have been laid on the Table by the Ministers to whom such questions
are addressed at the next sitting of the House after the Question Hour and part
of the Proceedings of that day.
(3) If the
last sitting of a session is cancelled for any reason whatsoever, the questions
in the list or questions for oral as well as written answer for the day shall
lapse.
45.
Supplementary Questions.
(1) No
discussion shall be permitted during the time for questions under Rule 34 in
respect of any question or answer.
(2)
A Member may, with the permission of the Speaker, put a supplementary
question for the purpose of further elucidating the facts relating to the matter
under question:
Provided that the
Speaker shall disallow any supplementary question if in his opinion it infringes
any of the rules regarding questions.
46.
Questions to the Speaker.
Questions
to the Speaker shall be by private notice. Such questions may either be answered
by a written reply or in his chamber.
47.
Questions to Private Members.
A
question may be addressed by a member to a private member provided the subject
matter of the question relates to some Bill, Resolution or other matter
connected with the business of the House for which the member is responsible and
the procedure in regard to such question shall so far as may be, be the same as
is followed in the case of questions addressed to a Minister with such
variations as the Speaker may consider necessary or convenient.
48.
Speaker to decide admissibility of questions.
The
Speaker shall decide the admissibility of a question and may disallow any
question or a part thereof which, in his opinion, contravenes these rules or is
an abuse of the right of asking questions. The Speaker shall inform the Member
concerned in brief the reasons for disallowing the question. He may also amend a
question to bring it into conformity with the rules or may return a question for
improvement.
49. Power of
the Speaker to change class of question.
The
Speaker may convert a short notice question into a starred or unstarred question
and a starred question into an unstarred question:
Provided that the Speaker may, if
he thinks fit, call upon the
Member who has given notice of a starred question to state in brief his
reasons for so classifying his question and, after considering the same, may
direct that the question be so classified.
50. List of
Questions for the Day
(1)
Questions which have not been disallowed shall be entered in the list of
questions for the day for oral or written answers, as the case may be, in
accordance with the directions of the Speaker and shall be called in the order
in which they stand in the list. The remaining starred questions allotted for
the said day shall be entered in the list of unstarred questions.
(2)
The Secretary shall prepare a provisional list of questions fixed for
each working day and shall send in advance, its copies to all members. In case
the House is sitting on that day, he shall instead of dispatching copies to the
members, place them on the desks of the members.
51. Question and answers to be
entered in proceedings of the
Assembly.
All
questions asked and answers given thereto shall be entered in the proceedings of
the Assembly:
Provided that a
question which has been disallowed may not be so entered
52.
Prohibition of publicity of questions and answers in advance.
Answers
to questions which Ministers propose to give in the House shall not be released
for publication until the answers have actually been given on the floor of the
House or laid on the Table.
HALF-AN-HOUR DISCUSSIONS
53.
Discussion on maters arising out of question and answers.
(1)
The Speaker may allot half-an-hour for discussion on a matter of
sufficient public importance which has been the subject of a question and answer
in the House recently.
(2) Unless the Speaker
directs otherwise. the allotment shall be made during the sitting of the House
on any day except Friday after the termination of its usual business
(3)
A member wishing to raise such a matter shall give notice in writing to
the Secretary three days in advance of the day on which the matter is desired to
be raised and shall briefly specify the matters or matter that he wishes to
raise
Provided that the
notice shall be accompanied by an explanatory note stating the reasons for
raising discussion on the matters in question.
Provided further that
the Speaker may, with the consent of the Minister concerned, waive the
requirement concerning the period of notice.
(4)
If necessary, two notices may be taken up at one sitting. If more than
two notices have been received and admitted by the Speaker, the Speaker shall
decide which two of them are to be taken up.
Provided that if any
matter put down for discussion on a particular day is not disposed of on that
day, it shall not be set down for any other day unless the Speaker otherwise
directs
(5) There shall be no
formal motion before the House nor voting. The member who has given notice will
introduce the subject in a brief statement. The Minister concerned will reply
briefly. The Speaker may then permit other members to put questions for the
purpose of further elucidating any matter of fact. The member introducing the
subject may be permitted to speak a second time to make a reply and the
discussion will end with the remarks of the Minister concerned.
CHAPTER-VIII
CALLING ATTENTION TO MATTERS OF
URGENT PUBLIC IMPORTANCE
54. Calling attention to
matters of urgent public Importance.
(1)
A member may give notice for calling the attention of a Minister to a
matter of urgent public Importance to the Secretary three hours before the
commencement of the sitting. Such a notice shall be in duplicate. The Secretary
shall send one copy of the notice to the Minister concerned for information.
(2)
On any such notice being admitted the Member shall confine himself to the
text of the notice and Minister concerned may make his brief statement on the
matter given notice of on the same day or on a future day. In the case of a
written statement one copy thereof shall also be given to the Member
concerned.
(3) There shall be no
debate on such a statement. Each member in whose name the item stands in the
list of business may, with the permission of Speaker, ask a clarificatory
question. Speaker may, however if he deems fit, permit any other member also to
ask questions for elucidating facts relating to the matter given notice of.
(4)
Not more than one such matter shall be raised at the same sitting.
(5)
In the event of more than one notice being given for the same day, that
notice which, in the opinion of the Speaker is most urgent and important shall
be admitted.
Provided that no
Member shall give more than one such notice for
anyone sitting:
Provided further that
the names of not more than three Members shall be shown in the List of
Business.
CHAPTER-IX
SHORT DURATION DISCUSSION ON MATTERS OF
URGENT PUBLIC IMPORTANCE
55. Notice for raising
discussion.
Any
member desirous of raising discussion on a matter of urgent public importance
may give notice in writing to the Secretary specifying clearly and precisely the
matter to be raised:
Provided that the
notice shall be accompanied by an explanatory note stating reasons for raising a
discussion on the matter.
Provide further that
the notice shall be supported by the signatures of at least two other
members.
56. Speaker to decide
admissibility.
If
the Speaker is satisfied, after calling of such information from the Member who
has given notice and from the Minister as he may consider necessary, that the
matter is urgent and is of sufficient importance to be raised in the House at an
early date, he may admit the notice and in consultation with the Leader of the
House, fix the date and time for that matter to be taken up for discussion. He
shall announce the date and subject matter of the notice in the House and allow
such time for discussion not exceeding two and a half hours as he may consider
appropriate in the circumstances.
Provided that if an
early opportunity is otherwise available for the discussion of the matter, the
Speaker may refuse to admit the notice.
57. No formal
motion.
There shall be no formal motion before the House for Voting. The Member
who has given notice may make a short statement and the Minister shall reply
briefly. Any other Member may be permitted to take part in the discussion. The
Member introducing the subject may be permitted to speak a second time to make a
reply and the discussion will end with the final remarks of the Minister
concerned.
58. Time limit for
Speeches.
The
Speaker may, if he thinks fit, prescribe a time limit for the speeches.
CHAPTER-X
MOTION FOR ADJOURNMENT ON A MATTER OF
URGENT PUBLIC IMPORTANCE
59. Method of giving
Notice.
Notice of an adjournment motion shall be given to the Secretary in
duplicate at least three hours before the commencement of the sitting of the day
on which the motion is proposed to be made. The Secretary shall send one copy of
the notice to the Minister concerned.
Provided that a
notice received after the stipulated time and the day would be deemed to have
lapsed.
60.
Speaker’s Consent necessary to make Motion.
Subject
to the provisions of these rules, a motion for an adjournment of the business of
the House for the purpose of discussing a definite matter of urgent public
importance may be made with the consent of the Speaker.
61.
Restrictions on right to make Motion.
The
adjournment motion shall be subject to the following restrictions, namely:
(1)
not more than one motion shall be made at the same sitting;
(2)
not more than one matter shall be discussed on the same motion;
(3)
the motion shall be restricted to a specific matter of recent
occurrence;
(4)
the motion shall not raise a question of privilege;
(5)
the motion shall not revive discussion on a matter which has been
discussed in the same session.
(6)
the motion shall not anticipate a matter which has been previously fixed
for consideration. But, the Speaker in disallowing the matter on this ground,
shall take into consideration that the discussion of the matter anticipated is
likely to be taken up in the House within a reasonable time, and
(7) the
motion shall not deal with a matter on which resolution could not be moved;
(8)
the motion shall not deal with any matter which is under adjudication by
a court of law having Jurisdiction in any part of India:
(9)
the motion shall relate to a matter which is primarily the concern of the
Government.
62. Motion for discussion on
matters before Tribunals, Commissions
etc.
No
Motion which seeks to raise discussion on a matter pending
before any statutory tribunal or statutory authority performing any
judicial or quasi-judicial functions or any Commission or Court of Inquiry
appointed to inquire into or investigate a matter shall ordinarily be permitted
to be moved.
Provided that the
Speaker may in his discretion allow such matter being raised in the House as in
concerned with the procedure, or scope or stage of inquiry if the Speaker is
satisfied that is not likely to prejudice the consideration of such matter by
the Tribunal, Statutory authority, Commission or Court of Inquiry.
63. Mode of asking for leave to
move adjournment Motion.
(1)
If the Speaker holds that the matter proposed is in order and gives his
consent under rule 60, he shall call the member concerned who shall rise in his
place and ask for leave to move for the adjournment of the House.
(2)
If objection to leave being granted is taken, the Speaker shall request
those members who are in favour of leave being
granted to rise in their places and if not less than one sixth of the
total number of members of the House for the time being rise accordingly, the
Speaker shall intimate that leave is granted.
If less than the required number of members rise, the Speaker shall inform the
member that he has not the leave of the House.
64.
Time for taking up Motion.
If
leave to make such a motion is granted, the motion shall be taken up an hour
before the time fixed for the usual termination of the business of the day, or
if the Speaker so directs, at any earlier hour at which the business of the day
may terminate.
65.
Limitation of Time of Discussion.
(1) On a
motion to adjourn the business of the House for the purpose of discussing a
definite matter of urgent public importance, the only question that may be put
shall be ‘‘That the Assembly do now adjourn’’.
Provided that the
debate on a motion to discuss a definite matter of urgent public importance if
not earlier concluded, shall automatically terminate on the expiration of time
fixed for conclusion of the sitting of the House and thereafter no question
shall be put. The debate on a motion shall not exceed two hours.
(2)
The Speaker may, if he is satisfied that there has been adequate debate
put the question to the vote of the House at 6 pm or at such other hour as he
may deem proper.
(3)
The Speaker shall prescribe a time limit for speeches:
Provided that no
speech shall exceed fifteen minutes in duration.
CHAPTER-XI
QUESTIONS INVOLVING BREACH OF
PRIVILEGE AND CONTEMPT
66. Raising a question of
Breach of Privilege or Contempt.
A
question involving a breach of privilege or contempt either of a member or of
the House or of a Committee thereof may, with the consent of the Speaker, be
raised by:
(i)
a complaint from a member;
(ii)
a report from the Secretary;
(iii)
a petition, or
(iv)
a report from a Committee.
Provided that if the
breach of privilege or contempt is committed in the view of the House, the House
may with the consent of the Speaker take action without any complaint.
67.
Complaint by Members.
A
member wishing to raise such a question when the House is in session shall give
notice in writing to the Secretary at least three hours before the commencement
of the sitting on the day on which the question is proposed to be raised. If the
question is founded upon a document, the original or a copy thereof shall
accompany the notice.
If
the complaint is against any member of the House, such a notice shall be in
duplicate, a copy of which shall be sent to the member concerned.
68.
Conditions of Admissibility.
(1) Admissibility of such
question shall be governed by the following conditions:
(a) the
question is restricted to a definite matter of recent occurrence;
(b) the
subject matter of the notice shows prima facie a
question of breach of privilege or contempt; and
(c) the matter
requires the intervention of the House.
Provided that if the complaint is against a member, the Speaker, before
giving his consent and determining its admissibility, shall hear him after
giving an opportunity to inspect the concerned documents, if any, and if need
be. may also hear the complainant or any other member.
69. Mode of raising question of
privilege.
(1)
The Speaker, if he gives consent under rule 66 and holds that the matter
proposed to be discussed is in order, shall call the member, who shall rise in
his place and, while asking for leave to raise the question of privilege, may
make a short statement relevant thereto.
Provided that where
the Speaker has refused his consent under rule 66 or is of opinion that the
matter proposed to be discussed is not in order, he may, if he thinks fit, state
that he refuses consent or holds that the notice of question of privilege is not
in order:
Provided further that
if the Speaker deems it necessary, he may hear the member concerned and other
member (s) and also seek such other information as he may require before giving
decision.
Provided also that
the Speaker may if he is satisfied with the urgency of the matter, allow a
question of privilege to be raised at any time during the course of a sitting
after the disposal of questions.
(2)
If objection to leave being granted is taken, the Speaker shall put the
motion to vote before the House. If not less than one-sixth of the members rise
in support of the motion, the Speaker shall declare that the leave is granted.
If however. the number of members rising in support of the motion is less than
one-sixth, the Speaker shall inform the member that he does not have the leave
of the House.
70.
Presentation of Complaint.
If in the opinion of the Speaker, the notice of breach of privilege or contempt is fit for giving consent and is admissible under these rules, he
may refer that matter to the Committee of Privileges for
examination, investigation and report and acquaint the House about it. If in the
opinion of the Speaker, the notice is inadmissible he shall inform the House
accordingly:
Provided that if the
Speaker deems it necessary, he may hear the member concerned and other members
before giving his decision.
71.
Consideration of Question of Breach of Privilege or Contempt by
the House.
If the
Speaker is of opinion that the matter given notice of is such as can be disposed
of by the House without being referred to the Committee of Privileges, it will
be permissible to move that the question be taken up for consideration forthwith
or at some future date.
Provided that if the
notice is received by a report from the Secretary or a Committee or by a
petition, copies of the report or petition shall, if the Speaker considers it
necessary, be printed and distributed amongst the members before the
consideration of the matter by the House.
72. Disposal of a Complaint
before the House.
(1) If it is
decided to bring a complaint against a member before the House for disposal, the
said member shall be given notice and an opportunity to be heard in explanation
and exculpation of his case and also to inspect and to produce relevant document
or documents.
(2)
The member complained against shall attend the House on the day fixed and
if he is unable to attend, he shall intimate to the Speaker his reasons for
absence and the House, in view of the reasons given, may postpone the
consideration of the matter. If, however, the House is of the opinion that there
are no valid reasons for absence or the member has wilfully absented himself, it
may proceed with the consideration of the matter in his absence. In case member
is absent and has failed to intimate the reasons for his absence due to
unavoidable circumstances, the House may reopen the question at his request.
(3)
The member complained against after attending the House and giving his
explanation shall withdraw from the House, and shall
not enter the House as long as the matter is under
consideration of the House. The House may, however, allow him to hear the
proceedings or recall him for purposes of giving a further explanation or for
tendering an apology.
(4)
The procedure provided in this rule shall mutatis
mutandis apply to those persons also who are not members.
73. Motion after Presentation
of the Report.
After presentation of its report, the Chairman of the Committee of
Privilege or any member thereof or any member of the House may make a motion
that the report of the Committee be taken into consideration forthwith or at
some future time within which the report may be printed and copies supplied to
members.
74.
Substantive Motion.
When the House agrees to the Motion
(i)
that the question of breach of privilege or contempt, committed in view
of the House, be considered; or
(ii) that the matter be taken up for
consideration forthwith under Rule 71; or
(iii) that the report of the Committee of Privileges may be considered
under Rule 73.
any member may move a substantive motion confirming the commission of the
breach of privilege or contempt, or the report, as the case may, and also
suggesting the action to be taken by the House thereon, and any other member may
move an amendment to the said motion.
75.
Opportunity to Person Charged.
Except where the breach of privilege or contempt has been committed in
the view of the House, the House shall before passing any sentence give an
opportunity to the person charged to be heard in explanation or exculpation of
the offence against him:
Provided that if the
matter has been referred to the Committee of Privileges and the person charged
has been heard before
the Committee, it shall not be necessary for the House to
give him that opportunity unless the House directs otherwise.
76.
Summoning the Party Charged.
The
Speaker may summon the person charged by notice or
warrant of arrest to appear before the House at any stage of the
proceedings.
77.
Punishment.
(1) The
House on its own or on the recommendation of the Committee of Privileges may
inflict the following punishments:
(a)
Admonition;
(b)
reprimand;
(c) suspension
of member;
(d) fine;
(e) expulsion
of member;
(f)
imprisonment the term whereof is at the pleasure of the House but cannot
extend beyond prorogation or dissolution; and
(g) any other
punishment which the House may deem proper and subject to the provisions of
Section 18.
(2)
The members suspended from the Service of the House shall stand debarred
from entering into the precincts of the House and from taking part in the
proceedings of the House and the Committees, but the Speaker may, on a request
being made to that effect, allow a suspended member to enter into the precincts
of the House for any particular purpose.
(3)
The House may, on a motion being made, order that any punishment of
suspension or the unfinished part thereof may be rescinded.
78.
Groundless Complaint.
In
case the House finds a charge of breach of privilege or Contempt groundless, it
may order the payment by the complaint of an amount not exceeding Rs. 500/- as
cost to the party charged.
79.
Execution of Orders of the House.
The
Speaker or any other person authorised by him in this behalf shall have the
power to execute all the orders passed and sentences inflicted by the
House.
80. Brevity of
Debate.
The
debate at all stages on question involving breach of privilege or contempt shall
be brief.
81.
Regulation of Procedure.
The
Speaker may issue such direction as may be necessary for regulating the
procedure in matters connected with the consideration of the question of
privilege or contempt either in the Committee in the House.
82. Power of Speaker to refer
Question of Privilege or Contempt to
Committee.
Notwithstanding anything contained in these rules. the Speaker may refer
any question of privilege or contempt to the Committee of Privileges for
examination, investigation or report, and acquaint the House about it.
83.
Procedure on Question of Breach of Privilege or Contempt of the
House by a member or officer or servant of any other House.
If
a member, officer or servants of any other Legislature in India is involved in a
case of contempt or an alleged breach of privilege of the House, the Speaker
shall refer the matter to the Presiding Officer or that Legislature, unless on
hearing the member who raised the question or perusing any document, where the
complaint is based on document, the Speaker is satisfied that no breach of
privilege has been committed or matter is too trivial to be taken notice of, in
which case he may disallow the motion for breach of privilege. When a case of
contempt or an alleged breach of privilege of any other Legislature in India, in
which a member, officer or servant of the House is involved, is referred to the
House by the Presiding Officer of the Legislature of which contempt has been
committed, the Speaker shall deal with that matter in the same manner as if it
were a case of breach of privilege of the House and communicate to the Presiding
Officer who made the reference, a report about the inquiry and the action taken
on the reference received.
INTIMATION TO
SPEAKER OF ARREST, DETENTION,
AND RELEASE ETC. OF A
MEMBER
84.
Intimation to Speaker by Magistrate of arrest, detention etc. of a
member.
When a member is arrested on a criminal charge or for a criminal offence
or is sentenced to imprisonment by a Court or is detained under an executive
order, the judge, magistrate or executive authority, as the case may be, shall
immediately intimate such fact to the Speaker indicating the reason for the
arrest, detention or conviction, as the case may be and also the place of
detention or imprisonment of the member in the appropriate form set out in the
First Schedule annexed to these Rules.
85.
Intimation to Speaker on Release of a Member.
When a member is arrested and after conviction released on bail pending
an appeal or is otherwise released, such fact shall also be intimated to the
Speaker by the authority concerned in the appropriate form set out in the First
Schedule annexed to these Rules.
86.
Treatment of Communication received from Magistrate.
As
soon as may be, the Speaker shall, after he has received a communication
referred to in the Rule 84 or which may also be sent by wireless message
teleprinter or telegram, read it out in the House if it is sitting, or the House
is not sitting, direct that the members be informed of the same.
Provided that if the
intimation of the release of a member either on bail or otherwise is received
before the House has been informed of the original arrest or imprisonment, the
act of his arrest or imprisonment and his subsequent release or discharge may,
in the discretion of the Speaker, not be intimated to the House by him.
PROCEDURE REGARDING SERVICE OF A LEGAL PROCESS
AND ARREST WITHIN THE PRECINCTS OF THE
HOUSE
87. Arrest within the Precincts
of the House.
No
arrest shall be made within the precincts of the House without obtaining the
permission of the Speaker
88. Service of Legal
Process.
A
legal process, Civil or Criminal shall not be served within the precincts of the
House without obtaining the permission of the Speaker.
CHAPTER-XII
RESOLUTIONS
89. Notice of Resolutions by
Private Members.
A
private member who wishes to move a resolution shall give not less than twelve
days notice to the Secretary of his intention and shall together with the
notice, submit a copy of the resolution which he wishes to move.
90. Notice of Resolution by
Government.
If
a Minister desires to move a resolution he shall give seven days notice and
shall alongwith it supply a copy of the resolution to the Secretary, who shall
have its copies sent to members ordinarily within fortyeight hours of its
receipt.
Provided that the
Speaker may allow shorter notice.
91. Subject-matter of
Resolution.
Subject to the provisions of these rules, any member or Minister may move
a resolution relating to any matter of general public interest.
92. Form of
Resolution.
A
resolution may be in the form of a declaration of opinion or a recommendation or
may be in the form so as to record either approval or disapproval by the House
of an act or policy of Govt., or convey a message or command, urge or request an
action, or call attention to a matter or situation for consideration by
Government or in such form as the Speaker may consider appropriate.
93.
Conditions of admissibility of Resolutions.
In
order that a resolution may be admissible, it shall satisfy the following
conditions, namely:
(1)
it shall be clearly and precisely expressed,
(2)
it shall raise substantially only one definite issue,
(3)
it shall not contain arguments, inferences, ironical expressions,
imputations or defamatory statements:
(4) it shall
not refer to the conduct or character of persons, except in their official or
public capacity.
(5)
it shall not relate to any matter which is under adjudication by a Court
of Law having jurisdiction in any part of India, and
(6)
it shall not reflect upon the conduct of the President as distinct from
the Government of India or of the Lt. Governor as distinct from the
Government.
94. Raising discussion on
matters before Tribunals or other Statutory
Authorities.
No
resolution, which seeks to raise discussion on a matter pending before any
statutory Tribunal or statutory authority performing any judicial or
quasi-judicial functions or any Commission or Court of Inquiry appointed to
inquire into or investigate any matter, shall be permitted to be moved.
Provided that the
Speaker may in his discretion allow such matter to be raised in the House as is
concerned with the procedure or subject or stage of inquiry, if the Speaker is
satisfied that it is not Iikely to prejudice the consideration of such matter
by the Tribunal or Commission or Court of
Inquiry.
95.
Admissibility of Resolutions.
The
Speaker shall decide on the admissibility of a resolution and may, in his
discretion amend the form of a resolution so as to bring it into conformity with
the rules. He may disallow any resolution or part thereof which does not comply
with the rules or is an abuse of the right of moving a resolution or is
otherwise calculated to obstruct or prejudicially affect the procedure of the
House.
96.
Precedence of Private Member’s Resolution
(1)
The relative precedence of notices of resolutions given by private
members shall be determined by ballots, to be held in accordance with the
directions given by the Speaker, on such day as the Speaker may appoint.
(2) Unless the Speaker
otherwise directs, not more than three resolutions in addition to any resolution
which is outstanding under proviso to Rule 28, shall be set down in the list of
business for any day allotted for the disposal of private member’s
resolutions.
97.
Sending copy of Private Member’s Resolution to
Government.
If
a private member’s resolution has obtained a place in the ballot and has been
admitted by the Speaker, a copy thereof shall be sent to the Government
ordinarily seven days before the date fixed for its discussion.
98. Moving of
Resolutions.
(1)
A member in whose name a resolution appears on the List of Business or
any other member whom he may have authorised to act on his behalf may, when
called upon, either move the resolution, in which case he shall commence his
speech by a formal motion in the terms appearing on the List of Business or
decline to move the resolution, in which case he shall confine himself to a mere
statement to that effect:
Provided that the
Speaker in his discretion may allow the member to make a brief statement as to
why he does not propose to move the resolution.
(2)
If the member when called upon is absent and no other member has been
authorised to act on his behalf under sub-rule (1) the resolution standing
in his name shall lapse.
99.
Amendments.
When a resolution is under discussion any member may, subject
to the rules relating to resolutions move an amendment to such a
resolution.
100. Notice of Amendments.
(1)
If a copy of an amendment has not been delivered to the Secretary two
clear days before the day fixed for the discussion of the resolution any member
may object to the moving of the amendment and such objection shall prevail
unless the Speaker allows the amendment to be moved.
(2)
The Secretary shall, if time permits, make available to members from time
to time lists of amendments of which notices have been given.
101. Duration of Speeches.
No
speech shall, except with the permission of the Speaker, exceed fifteen minutes
in duration.
Provided that the
mover of a resolution when moving the same and the Minister incharge of the
department concerned when speaking for the first time may speak for twenty-five
minutes or for such longer time as the Speaker may permit.
102.
Withdrawal of Resolution.
(1)
A member who has moved a resolution or an amendment to a resolution,
shall not withdraw the same except by leave of the House.
(2)
No discussion shall be permitted on a motion for leave to withdraw.
103.
Resolution not Discussed.
If
a resolution of which notice has been given and which has been entered in the
List of Business is not discussed during the sitting, it shall be deemed to have
lapsed.
104. Splitting of
Resolution.
When any resolution involving several questions has been discussed it
shall be in the discretion of the Speaker to split the resolution and put each
or any part thereof separately to the vote as he may think fit.
105.
Repetition of Resolution.
No
resolution or amendment raising substantially the same question shall be moved
within one year from the date of the moving of the earlier resolution.
Provided that when a
resolution has been withdrawn with the leave of the House, no resolution raising
substantially the same question shall be moved during the same session.
106. Copy of Resolution passed to be sent to
Minister.
(1)
A copy of every resolution which has been passed by the House shall be
forwarded to Minister concerned.
(2) The
Minister concerned shall inform the House about the Status of the resolution in
the next session.
CHAPTER-XIII
MOTIONS
107.
Discussing on a Matter of Public Interest by
Motion.
Save
in so far as is otherwise provided by the Act or by these rules, no discussion
on a matter of public Interest shall take place except on a motion made with the
consent of the Speaker.
108. Notice of a Motion.
Save as provided by Rule 114, notice of a motion shall be given in
writing addressed to the Secretary.
109. Condition of Admissibility of a Motion.
In order
that a motion may be admissible it shall satisfy the following conditions,
namely–
(i) that it shall raise
substantially only one definite issue of recent occurrence:
(ii) that it shall not contain
arguments, inferences, ironical expressions, imputations or defamatory
statements;
(iii) that if shall not refer to
the conduct or character of persons except in their public capacity;
(iv) that it shall not raise a
question of privilege;
(v) that it shall not revive
discussion on a matter which has been discussed in the same session or within
the preceding six months, whichever is earlier;
(vi) that it shall not
anticipate a matter which is to be discussed in the same session; and
(vii) that it shall not relate to
any matter which is under adjudication by a court of law having jurisdiction in
any part of India.
(viii) that it shall not
ordinarily relate to a matter under consideration of a House Committee.
(ix) that it shall not raise a
matter which is not primarily the concern of the Government.
110. Speaker to decide Admissibility of a
Motion.
The
Speaker shall decide whether motion or a part thereof is or is not admissible
under these rules and may disallow any motion or a part thereof which is, in his
opinion, an abuse of the right of moving a motion or calculated to obstruct or
prejudicially affect the procedure of the House or is in contravention of these
rules.
111. Motion for raising discussion on matter
before Tribunals,
Commissions, etc.
No
motion which seeks to raise discussion on a matter pending before any statutory
Tribunal or Statutory Authority performing any judicial or quasi- judicial
functions of any Commission or Court of Inquiry appointed to inquire into or
investigate any matter shall be permitted to be moved:
Provided that the
Speaker may in his discussion allow such matter to be raised in the House as is
concerned with the procedure or scope or stage of inquiry, if the Speaker is
satisfied that it is not likely to prejudice the consideration of such matter by
the Tribunal Statutory Authority, Commission or Court of Inquiry.
112.
Allotment of time and discussion of Motions.
The
Speaker may after considering the state of business in the House allot a day or
days or part of a day for discussion of any such motion.
113. Time limit for
Speeches.
The
Speaker may, if he thinks fit, prescribe a time limit for speeches.
114. Motion without Notice.
The
following motions may be made, if the Speaker permits, without notice:
(i) motion for condolence or
congratulation;
(ii) motion for adjournment of a
sitting;
(iii) motion for a withdrawal of
strangers;
(iv) motion for electing members
to Committees;
(v) motion for withdrawal of a
Bill, resolution or a motion or amendments thereto;
(vi) motion for postponement of
any business;
(vii) motion for closure of
debate;
(viii) motion for suspension of a
rule; and
(ix) motion to extend duration
of a sitting.
115.
Repetition of Motion.
Save as otherwise provided, where any motion is pending or has been
disposed of, no motion or amendment raising substantially the same issue or
question as was involved in the earlier motion shall be moved during the
pendency of, as the case may be within six months from the date of disposal of
such a motion:
Provided that
nothing herein contained shall, unless the Speaker otherwise directs, be deemed
to prevent the making of any of the following motions, namely:
(a)
a motion for taking into consideration or the reference to a Select
Committee of a Bill where an amendment has been carried to a previous motion of
the same kind to the effect that the Bill be circulated or recirculated for
obtaining opinion thereon;
(b)
a motion, made after return of a Bill by Lieutenant Governor for
reconsideration of the Assembly, for an amendment relevant to the matter
referred for reconsiderations; and
(c)
a motion for the amendment of a Bill which is consequential on or
designed merely to alter the drafting of another amendment which has been
carried.
116. Motion for postponement of
Business.
(1)
A motion that consideration of a Bill, other than an Appropriation Bill
under Section 29, which has been introduced, or of a motion
other than a motion for adjournment, or a resolution be
postponed to any future day available for such business in the same session or
to any future session sine die, may be made by any member at any
time and such motion shall take precedence on any other motion then before the
Assembly.
The Speaker after permitting a brief explanatory statement from the mover
and from the member opposing, if the motion is opposed, may without further
debate, put the question thereon.
(2)
If a motion for the postponement of private member business to a
specified day is carried the adjourned business shall have priority over the
private members’ business fixed for that day.
(3)
The Speaker may disallow such motion for the postponement of business if,
in his opinion, it has been made for the purpose of obstructing the business of
the Assembly or for securing the adjournment of the sitting.
117. Closure.
(1) At any
time after a motion has been made any member may move “that the question be now
put” and unless it appears to the Speaker that the motion is an abuse of these
rules or an infringement of the right of reasonable debate, the Speaker shall
then put the motion:
“That the question be
now put.”
(2) When the motion under
sub rule (1) has been carried, the question or questions consequent thereon
shall be put forthwith without further debate:
Provided that the
Speaker shall allow any member a right of reply which he may have under these
rules.
CHAPTER-XIV
LEGISLATION
(A) INTRODUCTION AND PUBLICATION OF BILLS
118.
Speaker’s power of Publication of Bills before
Introduction.
The
Speaker may, on request being made in this behalf, order the publication of any
Government Bill (together with the Statement of Objects and Reasons, the
Memorandum regarding Delegation of Legislation and the Financial Memorandum if
any, accompanying it and the previous sanction of the President or the
recommendation of the Lieutenant Governor, if necessary), in the Gazette,
although no motion has been made for leave to introduce the Bill. In that case
it shall not be necessary to move for leave to introduce the Bill, and, if the
Bill is afterwards introduced, it shall not be necessary to publish it
again:
Provided that
ordinarily no Bill may be so published in the Gazette when the House is in
session.
119. Notice of Motion or Leave to Introduce
a Bill by a Private
Member.
(1)
A Private Member desiring to move for leave to introduce a Bill shall
give notice of his intention and shall together with the notice submit a copy of
the Bill and a Statement of Objects and Reasons which shall not contain any
arguments:
Provided that the
Speaker may, if he thinks fit, revise the Statement of Objects and Reasons.
(2)
The Secretary shall as soon as may be after the receipt of the notice,
refer the Bill to the Minister concerned for obtaining the sanction or the
recommendation of the President or the Lieutenant Governor, as the case may
be.
(3)
The period of notice of a motion for leave to introduce a Bill under this
rule shall be twelve days unless the Speaker allows the motion to be made at
shorter notice.
120. Minister to
Communicate the order of the President or the
Lieutenant Governor on the Bill.
The
order of the President or the Lt. Governor granting or withholding the sanction
or the recommendation as the case may be to the introduction or consideration of
a Bill shall be communicated to the Secretary by the Minister concerned in
writing.
121.
Introduction of a Bill dependent on another Bill pending before
the House.
A
Bill which is dependent wholly or partly upon another Bill pending before the
House may be introduced in the House in anticipation of the passing of the Bill
upon which it is dependent:
Provided that such a
Bill shall be taken up for consideration and passing in the House only after the
pending Bill has been passed by the House and assented to by the President or
the Lieutenant Governor, as the case may be.
122. Notice of an Identical
Bill.
When a Bill is pending before the House, notice of an identical Bill
whether received before or after the introduction of the pending Bill, shall be
removed from or not entered in the list of pending notices as the case may be,
unless the Speaker otherwise directs.
123. Financial Memorandum to Bill and Money
Clauses in Bills.
(1)
A Bill involving expenditure shall be accompanied by a financial
memorandum which shall invite particular attention to clauses involving
expenditure and shall also give an estimate of the recurring and non-recurring
expenditure involved in case the Bill is passed into law.
(2) Clauses of provisions
in Bills involving expenditure from the Consolidated Fund of the Capital shall
be printed in bold type or in italics:
Provided that where a
clause in a Bill involving expenditure is not printed in bold type or in
italics, the Speaker may permit the member-in-charge of the Bill to bring such
clauses to notice of the Assembly.
124.
Explanatory memorandum to Bills delegating Legislative Power.
A
Bill involving proposals for the delegation of legislative power shall further
be accompanied by a memorandum explaining the scope of such proposals.
125. Speaker’s power to disallow notice of a
Bill.
The
Speaker may disallow notice of a Bill in case the Bill does not comply with the
provisions of rules 123 and 124.
126. Precedence of Private Members’ Bills.
(1)
The relative precedence of notices of Bills given by private members
shall be determined by the ballot to be held in accordance with the directions
given by the Speaker on such day being not less than twelve days before the day
in respect of which the ballot is held, as the Speaker may appoint.
(2)
The relative precedence of the private member’s Bills pending in the
House shall be determined in the following order:
(a) Bills
returned by the Lieutenant Governor with messages under Section 24 and 25 as the
case may be;
(b) Bills in
respect of which motions for their passing have been made;
(c) Bills in
respect of which motions have been carried that they be taken into
consideration;
(d) Bills in
respect of which reports of Select Committees have been presented;
(e) Bills
which have been circulated for the purpose of eliciting opinions;
(f) Bills
Introduced and in respect of which no further motion has been made or carried;
and
(g) Other
Bills.
(3)
The relative precedence of Bills falling under the same clause of
sub-rule (2) shall be determined by ballot to be held at such time and in such
time manner as the Speaker may direct.
(4) The
Speaker may by a special order to be announced in the Assembly make such
alteration in the relative precedence of the Bills set out In sub-rule (2) as he
may consider necessary and convenient.
127. Copy of Private Member's Bill to
Minister.
Whenever a private member of the Assembly gives notice of his intention
to move for leave to introduce a Bill and if it obtains a place in the ballot
the Secretary shall as soon as possible, send a copy thereof together with the
Statement of Objects and Reasons to the Minister concerned.
128. Notice of motion for leave to introduce
a Bill.
A
Minister desiring to move for leave to introduce a Bill, shall give notice in
writing to the Secretary of his intention to do so. The period of notice of a
motion for leave to introduce a Bill shall be seven days unless the Speaker
allows the motion to be moved at a shorter notice.
129. Motion for leave to Introduce and
Copies of Bills to
Members.
(1) Leave of the House
shaII be obtained, before introducing any Bill, by a motion in that behalf:
Provided that unless
the Speaker otherwise directs, no such motion shall be made until copies of the
Bill have been made available to the members two days preceding the day on which
the motion is made.
(2)
If such a motion is opposed, the Speaker after permitting, if he thinks
fit, brief explanatory statement from the member who moved the motion and the
member who opposes the motion may without further debate, put the question:
Provided that where a
motion is opposed, on the ground that the Bill initiates legislation outside the
legislative competence of the Assembly, the Speaker may permit a full discussion
thereon.
130.
Introduction of Bill.
After the completion of the procedure set out in rule 129, the Bill shall
be introduced by the member incharge of the Bill.
131. Power to ask for papers connected with
a Bill.
After a Bill has been introduced, any member may demand that copies of
paper, if any, on which the Bill is based and which are not confidential, be
placed on the Table.
132. Publication of Bills.
As
soon as may be after a Bill has been introduced, the Bill, unless it has already
been published, shall be published in the Gazette.
133. Copy of Bill to the Lieutenant Governor
and the President.
A
copy of every Bill introduced in the Assembly shall, immediately after its
introduction, be forwarded by the Secretary to the Lieutenant Governor and the
President for their information.
134.
Statement regarding Ordinance.
(1) Whenever a Bill
seeking to replace an Ordinance promulgated under Article 239 B of the
Constitution, with or without modification, is introduced in the House, these
shall be placed before the House along with the Bill, a statement explaining the
circumstances which have necessitated immediate legislation by Ordinance.
(2) Whenever an
Ordinance, which embodies wholly or party or with modification the provisions of
a Bill pending before the House, is promulgated a statement explaining the
circumstances which had necessitated immediate legislation by Ordinance shall be
laid on the Table at the commencement of the session following the promulgation
of the Ordinance.
(B) MOTIONS AFTER INTRODUCTION
135. Motions after Introduction.
After a Bill is introduced, or on some subsequent occasion, the
member-in-charge of the Bill may make one of the following motions,
namely:
(a) that it
be taken into consideration either at once or at some future day to be then
specified; or
(b)
that it be referred to a Select Committee of the House with such
instructions as may be considered necessary; or
(c)
that it be circulated for the purpose of eliciting opinion there of:
Provided that no such
motion shall be made unless copies of the Bill have been made available to the
members three days before the day on which the motion is made and any objection
by a member shall prevail unless the Speaker allows the motion to be made.
136.
Discussion on Principles of Bills.
(1)
On the day on which any motion referred to in rule 135 is made, or on any
subsequent day to which the discussion is postponed, the principles of the Bill
and its provisions may be discussed generally, but the details of the Bill shall
not be discussed further than is necessary to explain its principles.
(2)
At this stage no amendments to the Bill may be moved but if the
member-in-charge moves that the Bill–
be taken into consideration, any member may move as an amendment that the
Bill be referred to a Select Committee with such instructions as may be
considered necessary or be circulated for the purpose of eliciting opinion
thereon by a date to be mentioned in the motion.
(3)
(a) Where
opinions upon circulation of a Bill for eliciting opinion under the foregoing
rules have been received, a statement containing a gist of opinions shall be
laid on the Table by the Secretary as soon as possible after the last date of
the receipt of such opinion.
(b) There upon
the member-in-charge of the Bill, if he wishes to proceed further with his Bill,
shall move that the Bill be referred to a Select Committee unless the Speaker
allows a motion to be made that the Bill be taken into consideration forthwith
or at some future date.
137. Motion to
Constitute a Select Committee.
When the House decides to refer a Bill to a Select Committee, a motion to
constitute the Select Committee according to the rules shall be made.
138. Person by whom Motions in respect of
Bills may be made.
No
motion that a Bill be taken into consideration or be passed shall be made by any
member other than the member-in-charge of the Bill, and no motion that a Bill be
referred to a Select Committee or be circulated for the purpose of eliciting
opinion thereon shall be made by any member other than the member-in-charge of
the Bill, except by way of amendment to a motion made by the member-in-charge of
the Bill:
Provided that if the
member-in-charge of a Bill is unable for reasons which the Speaker considers
adequate to move the next motion in regard to his Bill at any subsequent stage
after introduction, he may with the approval of the Speaker authorise another
member to move that particular motion.
Explanation-–Notwithstanding the provision contained in the proviso, the
member who introduced the Bill shall continue to be the member-in-charge of the
Bill.
(C) PROCEDURE AFTER PRESENTATION OF REPORT
OF THE SELECT COMMITTEE
139. Motion that may be moved after
Presentation of Report of the
Select Committee.
(1) After the
presentation of final report of the Select Committee of the House on the Bill,
the member-in-charge may move–
(a) that Bill
as reported by the Select Committee of the House be taken into
consideration:
Provided that any
member may object to the report being so taken into consideration if a copy of
the report has not been made available for the use of members three days before
the day on which the motion is made and such objection shall prevail, unless the
Speaker allows the report to be taken into consideration; or
(b) that the Bill as reported
by the Select Committee of the House be recommitted to the same Select Committee
or to a new Select Committee, either–
(i) without
limitation; or
(ii) with
respect to particular clauses or amendments only; or
(iii) with
instructions to the Committee to make some particular or additional provision in
Bill; or
(c) that the
Bill as reported by the Select Committee of the House be circulated, as the case
may be, for the purpose of eliciting opinion or further opinion thereon.
(2)
If the member-in-charge moves that the Bill as reported by the Select
Committee be taken into consideration, any member may move as an amendment that
the Bill be recommitted to the Committee or be circulated or recirculated for
the purpose of eliciting opinion or further opinion thereon.
140. Scope of Debate.
The debate on
a motion that the Bill as reported by the Select Committee be taken into
consideration shall be confined to consideration of the report of the Select
Committee and the matters referred to in that report or any alternative
suggestions consistent with the principle of the Bill.
141. Notice of Amendment.
(1) If
notice of an amendment to any clause or Schedule of a Bill has not been given
two days before the day on which the Bill is to be considered, any member may
object to the moving of the amendment, and such objection shall prevail unless
to Speaker allows the amendment to be moved.
Provided that in the
case of a Government Bill notice for amendment of which has been received from
the member-in-charge of the Bill, it shall not lapse reason of the fact that the
member-in-charge of the Bill has ceased to be a Minister or a member and such
amendment shall be printed in the name of the new member-in-charge of the
Bill.
Provided further that previous notice shall not be necessary in the case
of amendments of a purely verbal character or of amendments consequential upon
or moved in respect of amendments which have been carried.
(2)
The Secretary shall, if time permits, make available to members from time
to time, lists of amendments of which notices have been received.
142.
Conditions of Admissibility of Amendments.
The
following conditions shall govern the admissibility of amendment to clauses or
Schedules of a Bill–
(i)
An amendment shall be within the scope of the Bill and relevant to the
subject-matter of the clause to which it relates.
(ii) An amendment shall not be
inconsistent with any previous decision of the House on the same question.
(iii) An amendment shall not be such as
to make the clause which it proposes to amend unintelligible or
ungrammatical.
(iv) If amendment refers to, or is not
intelligible without, a subsequent amendment or Schedule, notice of the
subsequent amendment or Schedule, shall be given before the first amendment is
moved, so as to make the series of amendments fully intelligible.
(v)
The Speaker shall determine the order in which an amendment shall he
moved.
(vi) The Speaker may refuse to allow
an amendment which in his opinion, is frivolous or meaningless.
(vii) An amendment may be moved to an
amendment which has already been allowed by the Speaker.
143. Sanction of the President or
recommendation of the Lieutenant
Governor to be annexed to notice of Amendment.
(1)
If Government desire to move an amendment which under the Act cannot be
made without the previous sanction of the President or recommendation of the
Lieutenant Governor, it shall annex to the required notice a copy of such
sanction or recommendation and the notice shall not be valid until this
requirement is compiled with.
(2)
If a Private Member gives notice of an amendment which in the opinion of
the Speaker cannot be moved without the previous sanction of the President or
recommendation of the Lieutenant Governor, the Secretary shall, as soon as may
be, after the receipt of the notice refer the amendment to the President or the
Lieutenant Governor, as the case may be through the Minister concerned and the
notice shall not be valid until the required sanction or recommendation has been
received.
144. Minister to communicate
sanction/recommendation of President/
Lt.
Governor to an amendment to a Bill to Secretary.
The
order of the President or the Lieutenant Governor granting or withholding the
sanction or recommendation, as the case may be, to an amendment to a Bill, shall
be communicated in writing.
145. Moving of Amendments.
(1) Amendments shall
ordinarily be considered in the order of the clauses of the Bill to which they
respectively relate:
Provided that if a
member requests that an amendment be put separately, the Speaker shall put that
amendment separately.
Provided further that
in order to save time and repetition, a single discussion may be allowed to
cover a series of interdependent amendments.
146.
Withdrawal of Amendments.
An
amendment moved, may by leave of the House but not otherwise, be withdrawn on
the request of the member moving it. If an amendment has been proposed to an
amendment the original amendment shall not be withdrawn until the amendment
proposed to it has been disposed of.
(D) AMENDMENTS OF CLAUSES, ETC. AND
CONSIDERATION OF BILLS.
147.
Submission of Bills clause by clause.
(1)
When a motion that the Bill be taken into consideration is passed, the
motion “that this clause do stand part of the Bill” shall be deemed to have been
made in respect of each clause
of the Bill. Notwithstanding anything in these rules it
shall be in the discretion of the Speaker, to submit the Bill or any part of the
Bill to the House clause by clause. The Speaker shall call each clause
separately, and when the amendments relating to it have been disposed of in
accordance with the provisions of succeeding rules, shall put the question “that
this clause or as the case may be, that this clause as amended, do stand part of
the Bill.
(2)
The Speaker may, if he thinks fit, put as one question a group of clauses
to which no amendments have been moved:
Provided that if a
member request that any clause be put separately, the Speaker shall put that
clause separately.
148.
Postponement of Clause.
The
Speaker may, if he thinks fit, postpone the consideration of a clause.
149.
Consideration of Schedule.
The
Consideration of the Schedule or Schedules, if any, shall follow the
consideration of clauses. Schedules shall be put from the Chair, and may be
amended in the same manner as clauses, and the consideration of new Schedule
shall follow the consideration of the original Schedules. The question shall
then be put “That this Schedule or as the case may be, that this Schedule as
amended, do stand part of the Bill.”
Provided that the
Speaker may allow the Schedule or Schedules, if any, to be considered before the
clauses are disposed of or alongwith a clause or otherwise as he may think
fit.
150. Clause one, Preamble and Title of the
Bill.
Clause one, the Preamble, if any, and the Title of a Bill shall stand
postponed until the other clauses and Schedules (including new clauses and new
Schedules) have been disposed of and the Speaker shall then put the question
“That clause one, or the Preamble or the Title (or as the case may be that
clause one, Preamble or Title, as amended) do stand part of the Bill."
(E) PASSING &
AUTHENTICATION OF BILLS
151. Passing of a Bill.
(1) When a motion that a
Bill be taken into consideration has been carried and no amendment has been made
in the Bill, the member-in-charge of the Bill may at once move that the Bill be
passed.
(2)
If an amendment is made in the Bill, any member may object to a motion
being made on the same day that the Bill be passed, and such objection shall
prevail unless the Speaker allows the motion to be made.
(3)
No amendment shall be moved to such a motion.
152. Scope of Debate.
The
discussion on a motion that the Bill be passed shall be confined to the
submission of arguments either in support of the Bill or for the rejection of
the Bill.
153.
Corrections of patent Errors.
When the Bill is passed by the Assembly, the Secretary shall
renumber the clauses, revise and complete the marginal notes thereof, make
such purely formal verbal or consequential amendments therein as may be required
and correct such error as may appear to him to be due to inadvertence.
(F) GENERAL
154. Power of Speaker to bring the year of
the Bill in conformity with the year of
Assent.
In
cases of Bills Introduced in the preceding year but passed in subsequent year or
if passed in the same year but the assent is likely to be given in the
subsequent year, the Speaker may change the year of the Bill bringing it in
conformity to the year of its passing or ‘likely assent’ by the President or the
Lieutenant Governor, as the case may be.
155. Assent to the
Bill.
(1) After the Secretary
has made verbal or consequential amendments, if any, under rule 153, the Bill
shall be submitted to the Speaker for his signatures
(2) After the Speaker has
signed the Bill, it shall be submitted to the Lieutenant Governor taking
appropriate action as he deems fit under Section 24 of the Act. When the assent
has been obtained the Bill shall be published in the Gazette as an Act of the
Legislature and a copy thereof shall be laid on Table by the Minister
concerned.
(3)
If it is a Money Bill, the Speaker shall endorse the necessary
certificate under Section 24 and thereafter it shall be in triplicate for his
assent.
156. Note of verbal
amendments.
Alongwith the singed copy under rule 155 a statement showing the verbal
and consequential amendment or rectification of errors made in the Bill under
Rules 153 and 154 shall also be submitted to the Lieutenant Governor. A copy of
these alterations shall be placed on the Table by the Secretary prior to the
announcement of Lieutenant Governor’s assent.
(G) RECONSIDERATION OF BILLS RETURNED BY THE
LIEUTENANT GOVERNOR
157. Message of the Lieutenant
Governor.
When a Bill passed by the House is returned to it by the Lieutenant
Governor under Section 24 or Section 25 of the Act, with a message to the effect
that the Assembly should reconsider the Bill or any of its specified provisions
or any amendment recommended in the message, the Speaker shall read the message
of the Lieutenant Governor in the House, if in session, or if the Assembly is
not in session, he shall direct that it be published in the bulletin for the
information of the members.
(2) Thereafter, the same
procedure as is laid down for the disposal of the
Bills in the Assembly shall be followed.
CHAPTER-XV
SUBORDINATE LEGISLATION
158. Laying of Regulations, Rules, etc. on
the Table.
(1) Copies of the
regulations, rules, sub-rules, bye-laws etc., framed from the time to time in
pursuance of the power conferred on the Government, Constitution, or an Act of
Parliament or of the Assembly or any law in force, shall, whether the relevant
Act or law does not require them to be laid before the House, be laid on the
Table for the specified period as provided in the corresponding law.
(2) Where the specified
period is not so completed, the regulations, rule, sub-rule, bye-law, etc.,
shall be relaid in the succeeding session or sessions until the said period is
completed in one session.
(3)
If a regulation, rule, sub-rule, bye-law, etc. is modified in accordance
with the amendment passed by the House, the amended regulation, rule, sub-rule,
bye-law, etc. shall be laid on the Table.
159.
Allotment of time for discussion of Amendments.
(1) Amendments relating
to a regulation, rule, sub-rule, bye-law, etc., laid on the Table may be
presented by the members within the period prescribed in the Act for its being
laid on the Table and the rules prescribed for consideration of amendment to
clauses of a Bill shall with suitable modifications apply to consideration of
and decision on those amendments.
(2)
The Speaker shall, in consultation with the Leader of the House, fix the
date for consideration and discussion on these amendments.
CHAPTER-XVI
PROCEDURE FOR COMMITTEES
(A) GENERAL
160.
Appointment of Committees of the House.
(1)
At the commencement of the first session after each general election and
thereafter before the commencement of each financial year or form to time when
the occasion otherwise arises, different Committees for specific or general
purposes shall either be elected or constituted by the House or nominated by the
Speaker:
Provided that no
member shall be appointed to a Committee unless he is willing to serve on the
Committee.
(2) Casual vacancy in a
Committee shall be filled as soon as possible, by nomination of a member by the
Speaker and any person nominated to fill such vacancy shall hold office for the
unexpired portion of the term for which the member in whose place he is
nominated would have held the office:
Provided that the
proceedings of the Committee shall neither be invalid nor be held up on the
ground that casual vacancies have not been filled
161. Objection to membership of a
Committee.
Where an object is taken to the inclusion of a member in a Committee on
the ground that the member has personal, pecuniary or direct interest of such an
intimate character that it may prejudicially affect the consideration of any
matters to be considered by the Committee, the procedure shall be as
follows:
(a)
the member who has taken objection shall precisely state the ground of
his objection and the nature of the alleged interest, whether personal,
pecuniary or direct, of the proposed member in the matters coming up before the
Committee;
(b) after the objection
has been stated, the Speaker shall give an opportunity to the member proposed on
the Committee against whom the objection has been taken, to state the
position;
(c)
if there is dispute on facts the Speaker may call upon the member who has
taken objection and the member against whose appointment on the Committee
objection has been taken, to produce documentary or other
evidence in support of their respective cases;
(d) after the Speaker has
considered the evidence so tendered before him, he shall give his decision which
shall be final;
(e)
until the Speaker has given his decision, the member against whose
appointment on the Committee objection has been taken, shall continue to be a
member thereof if elected or nominated and take part in discussion but shall not
be entitled to vote; and
(f)
if the Speaker holds that the member against whose appointment objection
has been taken has a personal, pecuniary or direct interest in the matter before
the Committee he shall cease to be a member thereof forthwith:
Provided that the
proceedings of the sitting of the Committee at which such member was present
shall not in any way be affected by the decision of the Speaker.
Explanation–For the purposes of this rule
the interest of the member should be direct, personal or pecuniary and
separately belong to the person whose inclusion in the Committee is objected to
and not in common with the public in general with any class or section thereof
or any matter of State policy.
162.
Chairman of the Committee.
(1)
The Chairman of each Committee shall be appointed by the Speaker from
amongst the members of the Committee.
Provided that if the
Deputy Speaker is a member of the Committee, he shall be the ex-officio Chairman of the Committee.
(2)
If the Chairman is for any reason unable to act or if the office of
Chairman is vacant the Speaker may appoint another Chairman in his place.
(3)
If the Chairman of the Committee is absent from any of its sittings, the
Committee shall elect another member of the Committee to act as Chairman for
that sitting.
163.
Quorum.
(1)
The quorum to constitute a sitting of any Committee shall, save as
otherwise provided in these rules, be not less than one-third of the total
number of members of Committee.
(2)
If at any time fixed for any sitting of the Committee, there is no quorum
even within ten minutes after the time so fixed, or if at any time during such
sitting there is no quorum, the Chairman shall either suspend the sitting until
there is quorum or adjourn the sitting to some future date. If the Chairman for
any reason is not present and there is also no quorum even ten minutes after the
time so fixed, the Secretary shall announce that the sitting stands
suspended.
(3) When the Committee
has been adjourned in pursuance of sub-rule (2) on two successive dates fixed
for sitting to the Committee, the Chairman shall report the fact to the
House:
Provided that where a
Committee has been appointed by the Speaker, the Chairman shall report the fact
of such adjournment to the Speaker.
(4)
On such report being made, the House or the Speaker, as the case may be,
shall decide the future course of action.
164.
Discharge of members absent from sittings of Committees and
filling up of their vacancies.
(1)
If the member is absent from three consecutive sittings of a Committee
without permission of the Chairman, the membership of such member from the
Committee may, after giving him an opportunity to explain, be terminated with
the approval of the Speaker and thereupon his office in the Committee may be
declared vacant with effect from the date of such approval by the Speaker
165.
Resignation of a Member.
A
member may resign his seat from the Committee by writing under his hand
addressed to the Speaker.
166. Term of a Committee.
The
term of office of members of each of these Committees shall be a financial
year:
Provided that the
Committee elected or nominated under these rules, shall, unless otherwise
specified, hold office until a new Committee is appointed.
167. Voting in the
Committee.
All
questions at any sitting of the Committee shall be determined by a majority of
votes of the members present and voting. In the case of an equality of votes on
any matter, the Chairman shall have a second or casting vote.
168. Power to appoint
Sub-Committees.
(1)
A Committee may appoint one or more Sub-Committees, each having the
powers of the undivided Committee, to examine any matters that may be referred
to them, and the reports of such sub-Committees shall be deemed to be the
reports of the whole Committee if they are approved at a sitting of the whole
Committee.
(2)
The order of reference to a Sub-Committee shall clearly state the matter
or matters for investigation. The report of the Sub-Committee shall be
considered by the whole Committee.
169. Sitting of the Committee.
The
sitting of a Committee shall be held on such days and at such hour as the
Chairman of the Committee may fix:
Provided that if the Chairman of Committee is not readily available or if
his office is vacant the Secretary may fix the date and time of a sitting.
170. Committee may sit whilst the House is
sitting.
The
Committee may sit whilst the House is sitting:
Provided that on a division being called in the House, the Chairman of
the Committee shall suspend the proceedings in the Committee for such time as
will, in his opinion enable the members to vote in a division.
171. Venue of sitting.
The sitting of the Committee shall be held in the precincts of the
Assembly, and if it becomes necessary to shift the place of
sitting to outside the precincts of the Assembly, the matter shall be referred
to the Speaker whose decision shall be final.
172. Power to take evidence or call for
papers, records or documents.
(1)
A witness may be summoned by an order signed by the Secretary and shall
produce such documents as are required by the Committee for reference, perusal
or use.
(2)
It shall be in the discretion of the Committee to treat any evidence
tendered before it as secret or confidential.
(3)
No document submitted to the Committee shall be withdrawn or altered
without the knowledge and approval of the Committee.
(4)
The Committee shall have power to take evidence on oath and to require
the attendance of persons or the production of papers or records if considered
necessary for the discharge of its duties:
Provided that Government may decline to produce a document on the ground
that its disclosure would be prejudicial to the interest and safety of the
Capital.
(5)
The format of oath or affirmation to be administered to a witness shall
be as follows:
"I, (name) , swear in the name of God/solemnly affirm that I shall speak
the truth, the whole truth and nothing but truth and that no part of my
deposition shall be false.”
(6)
All evidence tendered before the Committee shall be treated as secret or
confidential until the presentation of the report of the Committee to the
House:
Provided that it shall be in the discretion of the Committee to treat any
evidence as secret or confidential in which case it shall not form part of the
report.
173. Party or a witness
can appoint a counsel to appear before
Committee.
A Committee may permit a party to be represented by a counsel
appointed by him and approved by the Committee. Similarly,
a witness may appear before the Committee accompanied by a counsel appointed by
him and approved by the Committee.
174.
Procedure for examining witness.
The
examination of witnesses before the Committee shall be conducted as follows:
(1)
The Committee shall, before a witness is called for examination, decide
the mode of procedure and the nature of question that may be put to the
witness.
(2)
The Chairman of the Committee may first put to the witness such question
or questions as he may consider necessary with reference to the subject matter
or any subject connected therewith according to the procedure mentioned in
sub-rule (1) of this rule.
(3)
The Chairman may call other members of the Committee one by one to put
any other questions.
(4)
A witness may be asked to place before the Committee any other relevant
points that have not been covered and which a witness thinks are essential to be
placed before the Committee.
(5)
When a witness is summoned to give evidence, a verbatim record of
proceedings of the Committee, shall be kept.
(6)
The evidence tendered before the Committee may be made available to all
members of the Committee.
175. Strangers to withdraw when the
Committee deliberates.
(1)
All persons other than members of the Committee, officers and such other
persons whose services are required by the Committee shall withdraw whenever the
Committee is deliberating.
(2)
The discussions of the Committee shall not be disclosed by any person
present at its sitting nor shall any reference to such discussion be made in the
House.
176. Signing of the report of the
Committee.
The
report of the Committee shall be signed by the Chairman, on behalf of the
Committee:
Provided that in case the Chairman is absent or is not readily available,
the Committee shall choose another member to sign the report on behalf of the
Committee.
177. Special Report by the
Committee.
A
Committee may, if it thinks fit, make a special report on any matter that arises
or comes to light in the course of its working which it may consider necessary
to bring to the notice of the Speaker or the House, notwithstanding that such
matter is not directly connected with, or does not fall within or is not
incidental to, its terms or reference.
178.
Availability of report before presentation to Government.
The
Committee may, if it thinks fit, make available to Government a copy of its
report or any completed part thereof before presentation to the House. Such
report shall be treated as confidential until presented to the House.
179.
Presentation of Report.
(1)
The Report of the Committee shall be presented by the Chairman of the
Committee or the person who has signed the report or any member of the Committee
so authorised by the Chairman or in the absence of the Chairman or when he is
unable to present the report, by any member authorised by the Committee and
shall be placed on the Table of the House.
(2)
In presenting the report the Chairman or in his absence the member
presenting the report shall, if he makes any observations, confine himself to a
brief statement of fact, or draw the attention of the House to the
recommendations made by the Committee.
(3)
The Minister concerned or any Minister may give a short reply on that
very day or on some future date to which the matter has been postponed,
explaining the Government point of view and the action which the Government
propose to take.
(4)
On a demand being made after the reports has been presented but within 15
days from the date of its presentation, the Speaker, if he thinks fit, may
appoint time for consideration of the Report. There shall neither be a formal
motion before the House nor voting.
180.
Publication or circulation of report prior to its presentation to
the House.
The
Speaker may on a request being made to him and when the House is not in session,
order the publication or circulation of a report of a Committee although it has
not been presented to the House. In that case the report shall be presented to
the House during its next session at the first convenient opportunity.
181. Power to make suggestions on
procedure.
(1)
A Committee shall have power to pass resolutions on matters of procedure
relating to that Committee for the consideration of the Speaker who may make
such variations in procedure as he may consider necessary.
(2)
Any of these Committees may, with the approval of the Speaker, make
detailed rules of procedure to implement the provisions contained in these
rules.
182. Power of Speaker to give direction on
a point of Procedure or
otherwise.
(1)
The Speaker may, from time to time, issue such directions to the Chairman
of the Committee as he may consider necessary for regulating its procedure and
the organisation of its work.
(2)
If any doubt arises on any point of procedure or otherwise the Chairman
may, if he thinks fit, refer the point to the Speaker, whose decision shall be
final.
183. Unfinished work of Committee.
A
Committee which is unable to complete its work before the dissolution of the
House may report to the House that the Committee has not been able to complete
its work. Any preliminary report, memorandum or note that the Committee may have
prepared or any evidence that the Committee may have taken shall be made
available to the new Committee.
184. Secretary to be ex-officio Secretary of
the Committee.
(1)
The Secretary shall be the ex-officio
Secretary of all the Committees appointed under these rules.
(2)
The Secretary may, with a view to assist the Committee, seek
clarifications from the officers/witnesses present on a point which, in his
opinion, needs to be made clearer to the Committee.
185.
Applicability of General Rules to Committee.
Except as otherwise specifically provided in respect of any particular
Committee, the provisions of the general rules in this Chapter shall apply to
all Committees.
(B) BUSINESS ADVISORY COMMITTEE
186. Constitution of the Committee.
(1)
There shall be a Committee called the Business Advisory Committee
nominated by the Speaker. It shall consist of not more than seven members
including the Speaker and the Deputy Speaker. The Speaker shall be the
ex-officio Chairman of the Committee.
(2)
If the Speaker for any reason is unable to preside over any sitting of
the Committee, the Deputy Speaker shall be the Chairman for that sitting. If
both are unable to preside for any reason, the Speaker shall nominate a Chairman
for that sitting from amongst the members of the Committee.
187. Functions of the
Committee.
(1)
It shall be the function of the Committee to recommend the time that
should be allocated for the discussion on the stage or stages of such Bills and
other Government business as the Speaker, in consultation with the Leader of the
House, may direct for being referred to the Committee.
(2)
The Committee shall have the power to indicate in the proposed time table
the different hours at which the various stages of the Bill or other Government
business shall be completed.
(3)
The Committee shall have such other functions relating to the business of
the House as may be assigned by the Speaker from time to time.
188. Report of the
Committee.
The
recommendations of the Committee shall be presented to the House in the form of
a report.
189. Motion after presentation of
report.
(1)
As soon as may be, after the report has been made to the House, a motion
may be moved by a member of the Committee nominated by the Speaker.
“That this House agrees with the allocation of time proposed by the
Committee."
(2)
When such a motion is accepted by the House, it shall take effect as if
it were an order of the House:
Provided that an amendment may be moved that the report be referred back
to the Committee either without limitation or with reference to any particular
matter:
Provided further that not more than half an hour shall be allotted for
the discussion of the motion and no member shall speak for more than five
minutes on such a motion.
190. Disposal of outstanding matters at the
appointed hour.
At
the appointed hour in accordance with the resolution of the House for the
completion of a particular stage of a Bill or other business, the Speaker shall
forthwith put every question necessary to dispose of all the outstanding matters
in connection with that stage of Bill or business.
191. Variation in the allocation of
time.
(1)
No variation in the Allocation of Time Order shall be made except on a
motion made with the consent of the Speaker, and accepted by the House.
(2)
All efforts shall be made to adhere to the Allocation of Time order. The
Speaker may, however, in his discretion, extend the time of the House in the
manner as he deems fit.
(C) COMMITTEE ON PUBLIC ACCOUNTS
192.
Constitution of the Committee.
(1)
There shall be a Committee on Public Accounts for the examination of the
appropriation accounts of the Capital and the reports of the Comptroller and
Auditor General of India there on, the annual financial accounts of the Capital
or such other accounts or financial matters as are laid before it or referred to
it or which the Committee deems necessary to scrutinize.
(2)
The Committee on Public Accounts shall consist of not more than seven
members who shall be elected by the House every year from amongst its members
according to the principle of proportional representation by means of the single
transferable vote:
Provided that no Minister shall be appointed a member of the Committee
and if a member of the- Committee is appointed a Minister he shall cease to be a
member of the Committee from the date of such appointment.
193. Functions of the
Committee.
(1)
In scrutinizing the appropriation accounts of the Capital and the reports
of the Comptroller and Auditor General of India thereon, it shall be the duty of
the Committee on Public Accounts to satisfy itself:
(a) that the
money shown in the accounts as having been disbursed were legally available for
and applicable to the service or purpose to which they have been applied or
charged;
(b) that the
expenditure conforms to the authority which governs it; and
(c) that every
re-appropriation has been made in accordance with such rules as may be
prescribed by the competent authority;
(d) when the
Committee meets to consider the report of the Comptroller and Auditor General,
the Auditor General, or Secretary (Finance) may with a view to solely assist the
Committee seek clarifications from a witness on a point which in their opinion
has not been made clearer to the Committee.
(2) It
shall also be the duty of the Committee on Public Accounts:
(a) to examine
the statement of accounts showing the income and expenditure of State trading
and manufacturing schemes together with the balance sheets, and statements of
profit and loss accounts which the Lieutenant Governor may have required to be
prepared or are prepared under the provisions of the statutory rules regulating
the finances of a particular State trading concern or project and the report of
the Comptroller and Auditor General, thereon;
(b) to examine
the statement of accounts showing the income and expenditure of autonomous and
semi-autonomous bodies the audit of which may be conducted by the Comptroller
and Auditor General of India either under the directions of the Lieutenant
Governor or by a statute; and
(c) to
consider the report of the Comptroller and Auditor General in cases where the
Lieutenant Governor may have required him to conduct an audit of any receipts or
to examine the accounts of stores and stock
(D) COMMITTEE ON ESTIMATES
194. Constitution of the Committee.
(1)
There shall be a Committee on Estimates for the examination of such of
the Estimates as the Committee deems fit or are specifically referred to it by
the House.
(2)
The Committee shall consist of not more than seven members who shall be
elected by the House every year from amongst its members according to the
principle of proportional representation by means of the single transferable
vote:
Provided that the Minister shall be appointed a member of the Committee
and if a member of the Committee is appointed a Minister, he shall cease to be a
member of the Committee from the date of such appointment.
195. Functions of the
Committee.
(1) The
functions of the Committee shall be:
(a) to report
what economies, improvements in organization, efficiency or administrative
reform consistent with the policy underlying the estimates may be effected;
(b) to suggest
alternative policies in order to bring about efficiency and economy in
administration;
(c) to examine
whether the money is well laid out within the limits of the policy underlying in
the estimates; and
(d) to suggest
the form in which the estimates shall be presented to Assembly.
(2)
The Committee may continue its examination of the estimates from time to
time throughout the financial year and report to the House as its examination
proceeds. It shall not be incumbent on the Committee to examine the entire
estimates of any one year. The demands for grants may be finally voted
notwithstanding the fact that the Committee has made no report.
(E) COMMITTEE ON GOVERNMENT UNDERTAKINGS
196. Constitution of the Committee.
(1)
There shall be a Committee on Government Undertakings for the examination
of the working of the Government Undertaking specified in the Second Schedule
annexed to these Rules.
(2)
The Committee shall consist of not more than seven members who shall be
elected by the House every year from amongst its members according to the
principle of proportional representation by means of the single transferable
vote:
Provided that no Minister shall be appointed a Member of the Committee
and if a Member of the Committee is appointed a Minister he shall cease to be a
member of the Committee from the date of such appointment.
197. Functions of the
Committee.
(1)
The functions of the Committee shall be:
(a) to examine
the reports and accounts of the Government Undertakings as specified in the
Second Schedule annexed to these Rules;
(b) to examine
the report, if any, of the Auditor General on the Public Undertakings;
(c) to examine
in the context of autonomy and efficiency of the Government Undertakings,
whether the affairs of the Government Undertakings are being managed in
accordance with the sound business principles and prudent commercial practices;
and
(d) to
exercise such other functions vested in the Committee on Public Accounts and the
Committee on Estimates in relation to the Government Undertakings specified in
Second Schedule annexed to these Rules as are not covered by clauses (a), (b)
and (c) above and as may be allotted to the Committee by the Speaker from time
to time:
Provided that the Committee shall not examine and investigate any of the
following, namely:
(i) matters of
major Government policy as distinct from business of commercial functions of the
Government Undertakings;
(ii) matters
of day to day administration; and
(iii) matters
for the consideration of which machinery is established by any special statute
under which a particular Public Undertaking is established.
(2)
The House may by ordinary Resolution add or delete the names of
Undertakings in the Second Schedule annexed to these Rules.
(F) COMMITTEE ON GOVERNMENT ASSURANCES
198.
Constitution and functions of the Committee.
There shall be a Committee on Government Assurances consisting of not
more than seven members nominated by the Speaker in order to scrutinize the
assurances, promises, undertaking, etc., given by Ministers from time to time on
the floor of the House and to report on:
(a)
the extent to which such assurances promises, undertakings, etc., have
been implemented; and
(b)
where implemented, whether such implementation has taken place within the
minimum time necessary for the purpose.
Provided that no Minister shall be appointed a member of the Committee,
and if a member of the Committee is appointed a Minister, he shall cease to be a
member of the Committee from the date of such appointment.
(G) COMMITTEE ON PETITIONS
199.
Constitution of the Committee.
There shall be a Committee on Petitions consisting of not
more than seven members nominated by the Speaker:
Provided that no Minister shall be appointed a member of the Committee
and if a member of the Committee is appointed a Minister, he shall cease to be a
member of the Committee from the date of such appointment.
200. Petition to whom to be addressed and
how to be concluded.
Every petition shall be addressed to the House and shall conclude with a
prayer reciting the definite object of the petitioner in regard to the matter to
which it relates.
201. Scope of Petitions.
Petitions may be presented to the House when it is in session or
submitted to the Speaker when not in session on:
(i)
a Bill which has been published under rule 118 or which has been
introduced in the House;
(ii)
a matter connected with the business pending before the House; and
(iii)
any matter of general public interest, provided that it is not
one.
(a) which
falls within the cognizance of a Court of a Law having jurisdiction in any part
of India or a Court of Inquiry or a Statutory Tribunal or Authority or a
Quasi-Judicial Body or a Commission;
(b) for which
remedy is available under the law including rules, regulations, bye-laws made by
the Central Government or the Government of the National Capital Territory of
Delhi or an authority to whom power to make such rules, regulations. etc., is
delegated.
202. General form of Petition.
(1)
Every petition shall be couched in respectful, decorous and temperate
language.
(2)
Every petition shall be in the language in which the Assembly transacts
its business under sub-section (2) of the section 34 and if it is made in any
other language it shall be accompanied by a translation in the language used for
the transaction of the business in the Assembly and shall be signed by the
petitioner.
(3)
The general form of the petition shall be as set out in the Third
Schedule annexed to these rules.
203.
Consideration on Petitions.
After the
presentation of a petition to the House the Committee on Petitions shall meet to
consider it as early as possible:
Provided that in the
case of petition on a Bill pending before the House, it shall meet as soon as
possible after it has been presented or reported to the House and submit its
report to the House or direct the circulation of the petition to the members, as
the case may be, well in advance of the Bill being taken up in the House:
Provided further that
in the case of a petition received on a Bill already under discussion in the
House, the Committee shall meet to consider it immediately and submit its report
or direct the circulation of the petition to the members, as the case may be,
well in advance of the Bill being disposed of by the House.
204.
Consideration of Representation, etc.
The
Committee shall also meet as often as necessary to consider
representations, letters and telegrams received from
various individuals, associations etc. which are not covered by the rules
relating to petitions and give directions for their disposal. The
representations, which fall in the following categories shall not be considered
by the Committee, but shall be filed or receipt in the Secretariat:–
(i)
anonymous letters or letters on which names and/or addresses of senders
are not given or are illegible;
(ii)
endorsement copies of letters addressed to authorities other than the
Speaker or House unless there is a specific request on such a copy praying for
redress of the grievance;
(iii)
if the representations relate to personal or individual grievances;
(iv)
if the representation relate to matters specified in clause (iii) of Rule
201 of the Rules;
(v)
if they ventilate service grievances of employees/ex-employees;
(vi)
representations seeking employments; requesting monetary or financial
assistance in some forms; regarding grievances on matters under control of other
State Government of Central Government; matters sub-judice; suggesting amendment
of Constitution; and complaints against Member of Parliament/Assembly in
relation to their conduct as private persons and not as Members of
Parliament/Assembly;
(vii)
Letters in regional languages of which translation is not possible in the
Secretariat;
(viii)
representation of a frivolous nature or those not couched in respectful,
decorous or temperate language or which are libellous or defamatory or
allegatory in nature;
(ix)
matters which are beyond the jurisdiction of the Assembly;
(x)
matters relating to the Consolidated Fund of the Capital;
Provided that the Speaker may, in his discretion, require the Committee
to consider any petition as referred by him.
205.
Authentication of signatories to a Petition.
The full
name and address of every signatory to a petition shall be set out therein and
shall be duly authenticated.
206.
Document not to be attached to a Petition.
Letters,
affidavits or other documents shall not be attached to any petition.
207. Counter signature.
(1)
Every petition shall be presented and countersigned by a member.
(2)
A member shall not present a petition from himself.
208. Notice of Presentation.
A member
shall give at least two days advance intimation to the Secretary of his
intention to present a petition.
209. Form of Petition.
A member
presenting a petition shall confine himself to a statement in the following
form:
“I present a petition signed by...................Petitioner (s)
regarding..................” and no debate shall be permitted on his
statement.
210.
Procedure after Presentation of a Petition.
(1)
Every petition after its presentation under these rules shall be referred
to the Committee for examination.
(2)
After examination, the Committee may, if necessary, direct circulation of
the petition in extenso or in any abridged form.
(3) After circulation and after evidence, if any, the Chairman of the Committee or any member of the Committee shall report to the
House the specific complaint contained in the petition and
suggestions for remedial measures for the particular case or to prevent such
case in future.
(H) COMMITTEE ON DELEGATED LEGISLATION
211.
Constitution of the Committee.
There
shall be a Committee on Delegated Legislation consisting of not more than seven
members nominated by the Speaker in order to scrutinize and report to the House
whether the powers to make regulations, rules, sub-rule, bye-laws, etc.
conferred by the Act or delegated by any other lawful authority are being
properly exercised within such delegation:
Provided that no Minister shall be appointed a member of the Committee,
and if a member of the Committee is appointed a Minister, he shall cease to be a
member of the Committee from the date of such appointment.
212. Functions of the Committee.
The
Committee shall, in particular consider:
(i)
whether the delegated legislation is in accordance with the general
objects of the Constitution of the Act pursuant to which it is made;
(ii)
whether it contains matter which in the opinion of the Committee should
more properly be dealt with in an Act of Legislature;
(iii)
whether it contains imposition of any tax;
(iv)
whether it directly or indirectly bars the jurisdiction of the
Courts;
(v)
whether it gives retrospective effect to any of the provisions in respect
of which the Constitution or the Act does not expressly give any such power;
(vi)
whether it involves expenditure form the Consolidated Fund of the Capital
or the Public revenues;
(vii)
whether it appears to make some unusual or unexpected use of the powers
conferred by the Constitution of the Act pursuant to which it is made;
(viii)
whether there appears to have been unjustifiable delay in the publication
or laying of it before the legislature; and
(ix)
whether for any reason its form or purport calls for any elucidation.
213. Report of the Committee.
If the
Committee is of opinion that any such delegated legislation should be amended
wholly or in part, or should be amended in any respect, it shall report that
opinion and the grounds thereof to the House. If the Committee is of opinion
that any other matter relating to any delegated legislation should be brought to
the notice of the House, it may report that opinion and matter to the House.
(I) RULES COMMITTEE
214.
Constitution of the Committee.
The
Committee shall consist of not more than seven members including the Speaker and
the Deputy Speaker. Rest of the members shall be nominated by the Speaker.
215. Function of the Committee.
There
shall be a Committee on Rules to consider matters of procedure and conduct of
business in the House and to recommend any amendments or additions to these
rules that may be deemed necessary.
216. Notice of amendments in Rules.
Any
members may give notice of amendment to any of these Rules, but such a notice
shall be accompanied with the Statement of Objects and Reasons for the
amendment. On receipt of such a notice, the Speaker shall refer the same, if it
is not out of order, to the Committee for consideration.
217.
Chairman of the Committee.
The
Speaker shall be the ex-officio Chairman of the Committee. If the Speaker for
any reason is unable to act as Chairman of the Committee, the Deputy Speaker
shall be the Chairman for that sitting. If both are unable to preside for any
reason, the Speaker shall nominate a Chairman for that sitting from amongst the
members of the Committee.
218.
Procedure for the amendment of the Rules.
(1)
The recommendations of the Committee shall be laid on the Table and any
member may, within a period of three days beginning with the day when it is so
laid on the Table, give notice of an amendment including a motion to refer all
or any of the recommendations of the Committee for the reconsideration of the
Committee together with the objects and reasons for such amendment.
(2)
If no notice of amendment to the recommendations of the Committee is
given within the period mentioned in sub-rule (1), the recommendations of the
Committee shall be deemed to have been approved by the House on the expiry of
the said period and shall be incorporated in the Rules.
(3)
If notice of any amendment is received within the period prescribed in
sub-rule (1), the Speaker shall refer such amendments, which are admissible to
the Committee and the Committee may, after considering such amendments, make
such changes in its recommendations as it deems fit.
(4)
The final report of the Committee after considering the amendments
mentioned in sub-rule (3) shall be laid on the Table. Thereafter, on the House
agreeing to the report on a motion made by a member of the Committee, the
amendments to the rules as approved by the House shall be incorporated in the
rules.
(J) COMMITTEE OF PRIVILEGES
219.
Constitution of the Committee.
The
Committee of Privileges consisting of seven members including the Deputy Speaker
shall be nominated by the Speaker. The Deputy Speaker shall be the Chairman of
the Committee.
220.
Examination of the question by the Committee of Privileges and its
Procedure.
(1) On a reference being made to the Committee of Privileges, a copy of the complaint shall be sent by the Secretary to the person complained against with the request that he should, if
he so desires, submit to the Secretary by a specified date
his written statement about the complaint. After the expiry of the date fixed
for submission of written statement, the Committee may, if it considers
necessary summon, for purposes of inquiry, the person complaining and the person
complained against to appear before it on a specified date, time and place.
(2)
Such a person, if he so desires, may also present his case before the
Committee by a counsel.
(3)
If a party summoned to be present is unable to attend on the specified
date he shall inform the Committee of the reasons thereof. The Committee may, on
consideration of given reasons, postpone the consideration of the matter to
enable the party to appear. If, however, the Committee considers that there are
no good reasons for the absence or that the party had wilfully absented, the
Committee may after considering the matter against that party, in his absence,
submit its report, and bring to the notice of the House his disobedience of the
order for proper action against him.
221.
Examination of the Question by the Committee.
The
Committee of Privileges shall examine the question in the light of the evidence
and circumstances of the case and determine whether any breach of privileges or
contempt, has been committed and look into the nature of the breach and the
circumstances leading to it, and make such recommendations as it may deem
proper.
222.
Disabilities of Members of the Committee.
The
Complaining member or the member complained against, if he be a member of the
Committee, shall not sit on the Committee so long as the matter complained by or
against him as the case may be, is under consideration before the Committee.
223. Sittings of Committee of
Privileges.
The
Committee of Privileges shall meet as soon as may be, after a question of
privileges or contempt has been referred to it and form time to time thereafter
till report is made during the time fixed by the Speaker or the House, as the
case may be:
Provided that where no time has been fixed for the presentation of the
report, the report shall be presented within one month of the date of
reference.
Provided further that the Speaker of the House, as the case may be, may
from time to time extend the date for the presentation of the report by the
Committee.
224. Report of the Committee.
The
Report of the Committee shall indicate if a breach of privilege or contempt has
been committed and what punishment in its opinion should be inflicted. It may
also recommend the acceptance of any apology, if apology has been tendered.
(K) QUESTIONS AND REFERENCE COMMITTEE
225.
Constitution of the Committee.
(1)
There shall be a Question and Reference Committee consisting of not more
than seven members to be nominated by the Speaker and the Deputy Speaker shall
be the ex-officio Chairman of the committee.
(2)
No Minister shall be a member of the Committee mentioned in sub-rule (1)
and if a member of the Committee is appointed a Minister, he shall cease to be a
member of the Committee from the date of such appointment.
(3)
The Quorum to constitute a sitting of the Committee shall be three.
226. Functions of the Committee.
The
following shall be the functions of the Committee:
(a)
If a reply to question is not received from the Government within time or
the reply received in not satisfactory and the Speaker considers it expedient so
to do, he may refer the matter to the Questions and Reference Committee.
(b)
Besides questions, any other matter concerning the House not included
within the jurisdiction of other Committee under these rules, may be referred by
the Speaker to the said Committee for consideration.
(L) GENERAL PURPOSE COMMITTEE
227.
Constitution and Functions.
(1)
There shall be a General Purposes Committee nominated by the Speaker
consisting of not more than seven members including leaders of various parties
and groups in the Assembly and other important members including the Speaker who
shall be ex-officio Chairman of the Committee.
(2)
The functions of the Committee shall be to consider proposals and to
tender advice to the Speaker on important matters specially relating to
improvement in the organisatin of work in the Assembly and any other matter
referred to it by the House or the Speaker.
(M) COMMITTEE ON THE WELFARE OF SCHEDULED
CASTES AND SCHEDULED TRIBES AND
OTHER BACKWARD CLASSES
228.
Constitution and functions.
(1)
There shall be a Committee called the Committee on the Welfare of
Scheduled Castes and Scheduled Tribes and other Backward Classes nominated by
the Speaker consisting of not more than seven members nominated by the
Speaker:
Provided that no Minister shall be nominated as a member of the Committee
and if a member, after his appointment to the Committee is appointed as Minister
he shall cease to be a member of the Committee from the date of such
appointment.
(2)
The functions of the Committee shall be:
(i) to review
the progress and implementation of the welfare programmes and other ameliorative
measures as also constitutional safeguards for Scheduled Castes and Scheduled
Tribes and other Backward Classes and to report to the House as to the measures
that should be taken by the Government in respect of matters within their
review.
(ii) to
suggest ways and means of realising the objective of government policy to bring
about improvement in the conditions of these classes in the shortest possible
time; and
(iii) to
examine such to the matters as may seem fit to the Committee or are specifically
referred to it by the House or the Speaker.
(3)
The term of the office of the Committee shall be one year or until next
Committee is constituted, whichever is later.
(N) COMMITTEE ON PAPERS LAID ON THE TABLE
229.
Constitution and functions.
(1)
There shall be a Committee on Papers laid on the Table of the House
consisting of not more than seven members.
(2)
The Committee shall be nominated by the Speaker and shall hold office for
a term not exceeding one year.
(3)
The functions of the Committee shall be to examine all papers laid on the
Table of the House by the Ministers and to report to the House on
(a) whether
there has been a compliance of the provisions of the Act, rules or regulations
under which the papers have been laid;
(b) whether
there has been any unreasonable delay in laying the papers;
(c) if there
has been any such delay whether a statement explaining the reasons for delay has
been laid on the Table and whether those reasons are satisfactory;
(d) whether
both Hindi and English versions have been laid on the Table;
(e) whether a
statement explaining reasons for not laying the Hindi version has been given and
whether such reasons are satisfactory;
(f) the
Committee shall perform such other functions in respect of the papers laid on
the Table of the House as may be assigned to it by the Speaker from time to
time.
(4)
A member wishing to raise any of the matters referred to in sub-rule (3)
shall refer it to the Committee and not raise in the House.
(O) LIBRARY
COMMITTEE
230.
Constitution and functions.
(1)
There shall be a Library Committee consisting of not more than seven
members including its Chairman. The Speaker shall be the ex-officio Chairman of the Committee.
(2)
The Committee shall be nominated by the Speaker and the term of office
its members shall be one year or until the next Committee is constituted,
whichever is later;
Provided that no
Minister shall be nominated as a member of the Committee and if a member, after
his appointment to the Committee, is appointed a Minister, he shall cease to be
a member of the Committee from the date of such appointment.
(3)
The functions of the Committee shall be–
(a) to
consider and advice on such matters concerning the Library as may be referred to
it by the Speaker from time to time : and
(b) to
consider suggestions for the improvement of the Library and to advise upon
matters connected with the services provided to the members by the Library.
(P) COMMITTEE ON PRIVATE MEMBERS' BILLS AND RESOLUTIONS
231.
Constitution and function.
(1)
There shall be a Committee on Private Members’ Bills and Resolutions
consisting of not more than seven members including the Speaker who shall be the
Chairman of the Committee.
(2)
The Committee shall be nominated by the Speaker and shall hold office for
a term of one year or until the next Committee is constituted whichever is
later.
(3)
The functions of the Committee shall be–
(a)
to carefully examine the nature, urgency and importance of all Private
Member’s Bills after they are introduced in the Assembly or otherwise as the
Speaker may direct and
to recommend the time that should be allocated for the
discussion of the stage or stages of each Bill and also to indicate in the time
table so drawn up, the different hours at which the various stages of the Bill
in a day shall be completed:
(b) to examine
every Private Members’ Bill which is opposed in the Assembly on the ground that
the Bill initiates legislation outside the legislative competence of the
Assembly, and the Speaker considers such objection prima-facie tenable:
(c) to
recommend time limit for the discussion of private members’ resolutions and
other ancillary matters:
(d) to perform
such other functions in respect of Private Members’ Bill and Resolutions as may
be assigned to it by the Speaker from time to time.
(4) Report of the Committee : At any time after the report
has been presented to the Assembly, a motion may be moved that the Assembly
agrees with amendments of disgress with the report:
Provided that an
amendment may be moved that the report be referred back to the Committee either
without limitation or with reference to any particular matter:
Provided further that
not more than half an
hour shall be allotted for discussion of the motion and no member shall
speak for more than five minutes on such motion.
(5) Allocation of Time : The Allocation of time in respect
of Bills and resolutions as approved by the Assembly shall take effect as if it
were on order of the Assembly.
(6)
At the appointed hour, it accordance with the allocation of time, the
Speaker shall forthwith put every question necessary to dispose of all the
outstanding matters in connection with the completion of a particular stage of
the Bill or the resolution.
(Q) COMMITTEE ON WOMEN AND CHILD WELFARE
232.
Constitution of Committee.
There
shall be a Committee nominated by the Speaker on women and child welfare
consisting of not more than seven members:
Provided that a
Minister shall not be nominated as a member of the Committee and if a member
after his nomination to the Committee is appointed a Minister, he shall cease to
be a member of the Committee from the date of such appointment.
233. Functions of the Committee.
The
functions of the Committee shall be–
(1)
to examine:
(a) the
functioning of any orphanage, poor home, welfare home, hospital, asylum,
educational institution, boarding house, prison, factory or any place of calling
or avocation where women and children are generally admitted or any rescue home,
shelter home, Nari Niketan, maternity and child welfare home, borstal school or
any other similar institution exclusively meant for women and children and such
other premises as the Committee may determine, from time to time, in
consultation with the speaker;
(b) the
functioning of the institutions and government departments dealing with the
welfare of women and children;
(c) to
consider the reports submitted by the Delhi Commission for Women and to report
on the measures that should be taken by the Government for empowerment of women
and for improving their status/conditions in respect of the matters within the
purview of the Government.
(2)
to suggest measure for–
(a) the
rehabilitation of unmarried or deserted mothers and the aged and destitute women
and desolate widows;
(b) making the
mentally retarded, the infirm and the physically handicapped persons
self-sufficient and useful members of the society;
(c) the
welfare of disorganised group of women engaged in house-hold labour and similar
other occupations.
(3)
to examine such other matters as may be deemed fit by the Committee or
specially referred to it by the Speaker.
(R) COMMITTEE ON ENVIRONMENT
234.
Constitution of Committee.
There
shall be a Committee on environment consisting of not more than seven members to
be nominated by the Speaker:
Provided that a
Minister shall not be nominated as a member of the Committee and that if a
member after his nomination to the Committee is appointed a Minister, he shall
cease to be a member of the Committee from the date of such appointment.
235. Functions of the Committee.
The
functions of the Committee shall be–
(i)
to study the environmental problems in the Capital and to recommend
remedial measures thereto;
(ii) to examine the nature, degree and
extent of the environmental imbalances caused by different kinds of pollution,
the results of such pollutions and to suggest remedial measures for the
prevention and control thereof;
(iii) to examine the working and
activities of the Departments/Boards/Corporations in relation to
environment;
(iv) to review the implementation of
the plans and programmes relating to maintenance of environmental balance;
(v)
to examine such other matters as may be deemed fit by Committee or
specially referred to it by the House or by the Speaker.
SELECT COMMITTEE
236.
Constitution of the Select Committee.
(1)
when a motion that a Bill be referred to a Select Committee is made and
agreed to, the members of the Select Committee on the Bill shall be appointed by
the House or by the Speaker if so authorised.
(2)
The Select Committee shall consist of seven members as
follows:
(i)
Minister-in-charge of the Bill,
(ii)
Member-in-charge of the Bill, if any,
(iii) The
member on whose motion the Bill is referred to the Select Committee.
(iv) Four or
Five or Six members, as the case may be, of the Assembly to be nominated in
proportion to the strength of parties in the House or elected by means of a
single transferable vote.
237.
Procedure in a Select Committee.
The
procedure in a Select Committee shall, as for as practicable, be the same as is
followed in the House during the consideration stage of a Bill, with such
adaptation whether by way of modification, addition or omission, as the Speaker
may consider necessary or convenient.
238. Notice of Amendments by Members other
than Members of Select
Committee.
When a
Bill has been referred to a Select Committee, any notice given by a member of
any amendment to a clause in the Bill shall stand referred to the Committee:
Provided that where
notice of amendment is received from a member who is not a member of the Select
Committee, such amendment shall not be taken up by the Committee unless moved by
a member of the Committee.
239. Power of Committee to take
Evidence.
A Select
Committee may hear expert evidence and representatives of special interests
affected by the measure before it.
240. Printing and Publication of Evidence
tendered before a Select
Committee.
(1) The
discussions of a Select Committee shall not be disclosed by any person present
at its sitting nor shall any reference to such discussion be made in the
House.
(2) The
evidence tendered before the Select Committee may be made available to all
members of the Select Committee.
(3)
The Committee may direct that the whole or a part of the evidence or a
summary thereof may be laid on the Table.
(4)
The evidence given before a Select Committee shall not be published by
any member of the Select Committee or by any other person until it has been laid
on the Table:
Provided that the Speaker may, in his discretion, direct that such evidence be confidentially made available to members before it is formally laid on the Table.
241. Record of Decisions of the
Committee.
A record
of the decisions of a Select Committee shall be maintained and circulated to
members of the Committee under the direction of the Chairman.
242. Report by Select Committee.
(1)
Soon after a Bill has been referred to it, the Select Committee shall
meet from time to time in order to consider the Bill and shall make a report
thereon within the time fixed by the House:
Provided that where
the House has not fixed any time for the presentation of the report, the report
shall be presented before the expiry of three months from the date on which the
House adopted the motion for the reference of the Bill to the Select
Committee.
Provided further that
the House may at any time on a motion being made, direct that the time for the
presentation of the report by the Select Committee be extended to a date
specified in the motion.
(2) Reports may be either
preliminary or final.
(3)
The Select Committee shall in its report state whether the publication of
the Bill directed by these rules has taken place and the date on which the
publication has taken place.
(4) Where a Bill has been
altered, the Select Committee may, if it thinks fit, include in its report a
recommendation to the member-in-charge of the Bill that his next motion should
be a motion for circulation or, where the Bill has already been circulated for
recirculation.
243. Minutes of dissent recorded by a
Member.
(1) any
member of a Select Committee may record a minute of dissent on any matter or
matters connected with Bill or dealt with in the report.
(2)
A minute of dissent shall be couched in temperate and decorous language
and shall not refer to any discussion in the Select Committee nor cast
aspersions on the Committee.
(3)
If in the opinion of the Speaker a minute of dissent contains words,
phrases or expressions which are unparliamentary or otherwise inappropriate, he
may order such words, phrases or expressions to be expunged from the minutes of
dissent.
(4)
The minutes of dissent, if any shall form part of the report.
244. Printing and publication of Report.
The Secretary shall cause every report of the Select Committee to be printed and a copy of the report shall be made available, for the use of every member of the House. The report and the Bill, as reported by the Select Committee shall be published in the Gazette.
CHAPTER-XVII
RESOLUTION FOR REMOVAL OF SPEAKER
AND DEPUTY SPEAKER
245.
Resolution for removal of Speaker or Deputy Speaker.
A member
wishing to give notice of his intention to move a resolution under section 7(2)
for the removal of Speaker or the Deputy Speaker from his office shall do so in
writing:
Provided that no
resolution for the aforesaid purpose shall be moved unless notice has been given
to the Secretary at least fourteen days before.
246.
Admissibility of Resolution.
In order
that such a resolution may be admissible, it shall satisfy the following
conditions, namely:–
(i)
is shall be specific with respect to the charges;
(ii) it shall be clearly and precisely
expressed; and
(iii) it shall not contain arguments,
inferences, ironical expressions, imputations or defamatory statements.
247. Leave of the House to take up
Resolution.
(1) The
member in whose name the resolution stands may withdraw the resolution, but if
he does not do so he shall ask for the leave of the House to move the
resolution. No speech shall be permitted at this stage, but the mover may
briefly state the reason for bringing the resolution.
(2)
The Speaker or the Presiding Member shall ask those members who are in
favour of leave being granted to rise in their places. If less than one-fifth of
the total number of then members of the House rise in their places; the Speaker
or the Presiding member shall inform the mover that he has not the leave of the
House to move the resolution.
248.
Resolution included in the List of Business on the Appointed
Day.
(1)
In case, the mover obtains the leave of the House to move the
resolution according to the provisions of the last
preceding rules, the resolution shall be taken up for consideration on the same
day or any appointed day.
(2) Such a resolution
shall be taken up after the question hour and before any other business is
entered upon.
249. The Presiding Person at the time of
consideration of the Resolution.
Subject
to the provisions of sub-section (1) of section 8, the Speaker or the Deputy
Speaker or such other person, as is referred to in sub-section (4) of section 7
shall preside when a resolution for removal under the foregoing rules is taken
up for consideration.
250. Time limit for speeches.
No speech
on the resolution shall exceed fifteen minutes in duration.
Provided that the
mover of the resolution or the Speaker or the Deputy Speaker, as the case may
be, may speak for such longer time as the member presiding may permit.
CHAPTER-XVIII
MOTION OF NO CONFIDENCE IN THE
COUNCIL OF MINISTERS
251. Motion of No Confidence.
(1) A motion
expressing want of confidence in the Council of Ministers may be made with the
consent of the Speaker subject to the following restrictions, namely:
(a) Leave to
make the motion shall be asked for after questions and before the list of
business for the day is entered upon.
(b) The member
asking for leave shall deliver to the Secretary a written notice of the motion
(as per form setout in Fourth Schedule) which he proposes to move by 11.00 hours
of the sitting for the day.
(2)
If the Speaker is of opinion that the motion is in order, he shall read
the motion to the House and shall request those members who are in favour of
leave being granted to rise in their places, and, if not less than one-fifth of
the total number of the numbers of the House rise accordingly, the Speaker shall
intimate that leave is granted and that the motion will be taken on such day,
not being more than three days from the date on which the leave is granted, as
he may appoint. If less than the requisite number of members rise the Speaker
shall inform the member that he has not the leave of the House.
(3)
If leave is granted under sub-rule (2) the Speaker may, after considering
the state of business in the House, allot a day or days or part of a day for the
discussion of the motion.
(4)
The Speaker shall, at the appointed hour on the allotted day or the last
of the allotted days, as the case may be, forthwith put every question necessary
to determine the decision of the House on the motion.
(5)
The Speaker may, if he thinks fit, prescribe a time limit for
speeches.
252.
Statement by a Minister who has Resigned.
A member
who has resigned the office of the Minister shall have the
right with the consent of the Speaker to make a personal
statement in explanation of his resignation. A copy of the statement shall be
forwarded to the Speaker and the Leader of the house one day in advance of the
day on which it is made:
Provided that in the
absence of a written statement the points or the gist of such statement shall be
conveyed to the Speaker and the Leader of the House one day in advance of the
day on which it is made.
(2) such statement shall
be made after questions and before the list of business for the day is entered
upon.
(3) There shall be no
debate on such statement, but any Minister may make a statement pertinent
thereto.
CHAPTER-XIX
COMMUNICATION BETWEEN THE LIEUTENANT
GOVERNOR AND THE ASSEMBLY
253.
Communications from the Lieutenant Governor to the Assembly.
Communications from the Lieutenant Governor to the Assembly
may be made:
by a written massage delivered to the Speaker and read to the House by
him.
254.
Communications from the Assembly to the Lieutenant Governor.
(1) by
formal address, after a motion made and carried in the House, and
(2) through the
Speaker.
CHAPTER-XX
RESIGNATION AND VACATION OF SEATS IN THE
HOUSE AND ABSENTEE MEMBERS
255.
Resignation of Seats in the House.
(1) A member
who desires to resign his seat in the House shall intimate in the following
form:
To
The Speaker,
Legislative Assembly,
National Capital Territory of Delhi.
Sir,
I hereby tender my resignation of my seat in the House with
effect from..................(date) forenoon/afternoon.
Your
faithfully,
....................
(Signature of Member of the House)
Place:
Date:
Note: (1) The date and time of resignation
given in the letter shall not be earlier than the one on which the letter is
written.
(2)
If a member hands over the letter of his resignation personally to the
Speaker and informs him that the resignation is voluntary and genuine, and the
Speaker has no information or knowledge to the contrary, the Speaker may accept
the resignation immediately.
(3)
If the Speaker receives the letter of resignation by post or through some
other person the Speaker may make such enquiry as he thinks fit to satisfy
himself about the voluntary nature and genuineness of the resignation. If the
Speaker is satisfied, after
making a summary enquiry either himself or through
Legislative Assembly Secretariat or such other agency as may deem fit, that the
resignation is not voluntary or genuine he shall not accept it.
(4)
A member may withdraw his resignation before it is accepted by the
Speaker.
(5) Soon after the
acceptance of the resignation of a member, the Speaker shall inform the House
that such and such member has resigned his seat in the House and that he has
accepted the resignation.
Explanation—When the House is not in session, the Speaker shall inform
the House immediately after it re-assembles.
(6)
The Secretary shall, as soon as may be, after the Speaker has accepted
the resignation of a member, cause the information to be published in the
bulletin and the Gazette and forward a copy of the notification to the Election
Commission for taking steps to fill the vacancy thus caused. But if the
resignation is to take effect from future date, the information shall not be
published in the bulletin and Gazette before the date from which it is to take
effect.
(7)
The resignation shall take effect from the date and time specified in the
letter of resignation.
(8)
If any dispute arises as regards the genuineness or voluntary nature of
the resignation, the same shall be determined by the Speaker before any action
is taken under sub-rule (5) or sub-rule (6).
(9)
If any letter of resignation is not in the form prescribed, it shall be
returned to the member concerned for being submitted in the prescribed form.
256.
Permission to remain absent from sittings of the House.
(1)
A member wishing to obtain permission of the House for remaining absent
from sittings thereof under sub-section (3) of Section 14, shall make an
application in writing to the Speaker,
stating the period for which he may be permitted to be
absent from the sittings of the House.
(2) Such application
shall be set down for consideration by the House soon after receipt, as may be
ordered by the Speaker, and shall on the day so fixed be considered immediately
after questions, and before any other business for the day is entered upon.
(3)
The Speaker shall decide the manner in which the decision of the Assembly
shall by taken on such application.
(4)
The Secretary shall inform the member, as soon as possible of the
decision of the Assembly on his application.
(5)
If a member who has been granted leave of absence under sub-rule (2)
attends the session of the House during the period of leave, the unexpired
portion of the leave from the date of his resumed attendance shall lapse.
(6)
If a member is absent without permission from all sittings of the
Assembly for a period of 60 days or more, computed in the manner provided in the
proviso to sub-section (3) of section 14, the Leader of the House or any other
member may move that such member’s seat be declared vacant.
(7) Three days notice of
such a motion shall be necessary and a complete statement, of the dates on which
the member was absent shall be appended to it.
(8)
The Secretary shall, after the motion under sub-rule (6) is carried,
cause the information to be published in the Gazette and forward a copy of the
notification to the Election Commission for taking steps to fill the vacancy
thus caused.
257.
Attendance Register.
A record
of attendance of members in the sittings of the House shall be kept by the
Secretary and for this purpose and attendance register shall be maintained. It
will be placed in the lobbies an hour before the commencement of a sitting and
the members, other than Speaker, the
Deputy Speaker, Ministers, and the Leader of Opposition,
shall sign it before the sitting is adjourned for the day. A member who has not
signed the register shall be treated as absent:
Provided that the
member who has been treated as absent may, within fifteen days of such a sitting
which he attended and during which he failed to sign the attendance register,
satisfy the Speaker about his attendance and the Speaker, if so satisfied, may
order that he may be marked present.
CHAPTER-XXI
GENERAL RULES OF PROCEDURE
(A) NOTICE
258. Giving of Notices.
(1)
Every notice required by the rules shall be given in writing addressed to
the Secretary and signed by the member giving notice, also indicating his
division number, and shall be delivered in the Notice Office between such hours
as notified from time to time, on very day except Saturdays, Sundays and public
holidays.
(2)
A notice received in the Notice Office after the hours other than those
specified in sub-rule (1) shall be treated as given on the next working day.
(3) While the House is
sitting, copies of the notices except of cut motions, received under sub-rule
(1) shall be circulated by the Secretary to members by next day.
(B) AMENDMENTS
259.
Amendments which may be admissible.
(1)
Subject to these rules, an amendment shall be relevant to the subject
matter of the motion to which it is proposed.
(2)
A notice of amendment shall be given at least one day before the day on
which the motion is to be considered, unless the Speaker directs otherwise.
(3)
An amendment may not be moved which if carried, would have merely the
effect of a negative vote.
(4) After a decision has
been given on an amendment to any part of a motion an earlier part shall be
amended.
(5)
No amendment may be proposed which is inconsistent with a previous
decision on the same subject.
(6)
The Speaker shall have the power to select amendments given notice of and
he may, at any stage, disallow an amendment or refuse to put to vote an
amendment which in his opinion is frivolous or irregular.
260.
Amendment how to put to vote.
(1) When one or more
amendments are moved to a motion, the Speaker shall, before putting the question
thereon, state or read to the House the original motion.
(2)
It shall be in the discretion of the speaker either to put the original
motion to vote first or any of the amendments thereto.
(C) RULES TO BE OBSERVED BY MEMBERS
261. Rules to be observed by members while
present in
the
House.
While the
House is sitting, a member—
(i) shall not read any
book, newspaper or letter, nor shall he
do anything which is unconnected with the business of the House;
(ii) shall not interrupt
any member while speaking by disorderly expression; or noises or in any other
disorderly manner;
(iii) shall bow to the
Chair while entering or leaving the House, and also when taking or leaving his
seat;
(iv) shall not pass
between the Chair and any member who is speaking;
(v) shall not leave or
cross the floor of the House when the Speaker is addressing the House;
(vi) shall always address
the Chair;
(vii) shall keep to his
usual seat while addressing in the House;
(viii) shall maintain
silence when not speaking in the House;
(ix) shall not obstruct or
interrupt the proceedings by shouting hissing or in any other manner whatsoever
when speeches are being made in the House or the House is in session;
(x) shall not, while
speaking, point to any stranger in the gallery;
(xi) shall not applaud
when a stranger enters any of the Galleries or the Special box;
(xii) shall not shout
slogans in the House;
(xiii) shall not sit or
stand with his back towards the Chair;
(xiv)
shall not approach the Chair personally in the House. He may send chits
to the officers at the Table, if necessary;
(xv)
shall not wear or display badges of any kind in the House;
(xvi)
shall not bring or display arms in the House;
(xvii)
shall not display flags, emblems or any exhibits in the House;
(xviii) shall not leave the
House immediately after delivering his speech;
(xix)
shall not distribute within the precincts of the House any literature,
questionnaire, pamphlets, press notes, leaflets, etc. not connected with the
business of the house;
(xx)
shall not place his hat/cap on the desk in the House, bring boards in the
Chamber for keeping files of for writing purposes, smoke or enter the House with
his coat hanging on the arms;
(xxi)
shall not carry walking stick into the House unless permitted by the
Speaker on health grounds;
(xxii)
shall not tear off documents in the House in protest;
(xxiii) shall not bring or
play cassette or tape recorder in the House;
(xxiv) shall avoid talking
or laughing in Lobby loud enough to be heard in the House; and
(xxv) shall not carry any
mobile phone, apparatus or electronic gadgets in the House.
262. Member to speak when called by the
Speaker.
When a
member rises to speak, the Speaker shall call his name.
If more members than one rise at the same time, the member
whose name is called shall be entitled to speak.
263. Mode of addressing the House.
A member
desiring to make any observations on any matter before the House shall rise when
he speaks and shall address the Speaker:
Provided that a
member disabled by sickness or infirmity may be permitted by the Speaker to
speak while sitting.
264. Rules to be observed while
speaking.
(1) The
matter of every speech must be strictly relevant to the matter under
discussion.
(2)
A member while speaking shall not:
(a) Give any
evasive reply to any question;
(b) express
any opinion or make any comment on any matter or fact under consideration of a
Court of Justice;
(c) make a
personal charge or accusation against a member;
(d) use
offensive expressions about the conduct of business of Parliament or the
legislature of any State;
(e) reflect on
any decision of the House except when a motion for rescinding it is under
consideration;
(f) reflect
upon the conduct of the President or any Governor or any Court of Justice;
(g) utter
treasonable or defamatory words but he may, with the permission of the Speaker,
quote them for the purposes of his argument; and
(h) say
anything which is derogatory to the Chair or to the House;
(i) refer to
Government officials by name;
(j) read a
written speech except with the prior permission of the chair.
265.
Procedure for making allegation against any person.
No member
shall make any allegation of defamatory or offensive nature against any person
unless the member has given prior notice to the Speaker and the Minister
concerned so that the Minister may examine the matter for the purpose of
reply;
Provided that the
Speaker may prohibit any member at any time form making such allegation, if he
is of the opinion that such allegation is against the dignity of the House or
such allegation does not serve public interest.
266.
Questions to be asked through the Speaker.
When for
the purposes of explanation during discussion or for any other sufficient
reason, any member has to ask a question from another member on any matter under
the consideration of the Assembly, he shall ask the question through the
Speaker.
267.
Irrelevance or repetition.
The
Speaker, after having called the attention of the Assembly to the conduct of a
member who persists in irrelevance or tedious repetition either of his own
arguments or of the arguments used by other members in debate may direct him to
discontinue his speech.
268. Personal Explanation.
A member
may give personal explanation with the permission of the Speaker though there
may be no question before the House, provided that in such case no controversial
question shall be raised and there would be no debate.
(D) ORDER OF SPEECHES & RIGHT OF REPLY
269. Order of speeches and right of
reply.
(1)
After the member who makes a motion has spoken, other members may speak
on the motion in such order as the Speaker may determine. If any member when
called upon by the Speaker does not speak, he shall not be entitled except with
the permission of the Speaker to speak on the motion at any later stage of the
debate.
(2)
Except as otherwise provided, no member shall speak more than once on any
motion.
(3)
A member who has moved the original motion or an amendment thereto or has
made a motion for reduction or omission of an item under the budget demands, may
speak again by way of reply, and if the motion or the amendment is moved by
a
private member, the Minister to whose department the matter under
discussion relates shall have the right of speaking after the mover whether he
has previously spoken in the debate or not.
(4) Subject to the
provisions of sub-rule (3) the reply of the
mover of the original motion shall in all cases conclude the debate.
270.
Ministers’ Rights to Intervene in the Debate or to Make a
Statement.
(1)
(a) A Minister
with the permission of the Speaker may intervene at any stage of debate and will
also have a right to reply to the debate so as to conclude it;
(b) a
statement may be made by Minister on a matter of public importance with the
consent of the Speaker but no question shall be asked at the time the statement
is made.
(2)
A Minister desiring to make a statement in the House under clause 1(b)
shall intimate in advance the date on which the statement is proposed to be made
and also send a copy of the statement to the Secretary.
(3)
The statement shall pertain to a subject for which the Minister is
responsible and shall be made to explain Government’s policy in regard to a
specific matter of public importance or topical interest.
271. Address by Speaker.
The
Speaker may suo moto or on a point being raised or
on a request made by a member address the House at any time on a matter under
consideration in the House with a view to aiding members in their
deliberations and such expression of views shall not be
taken to be in the nature of a decision.
(E) PROCEDURE WHEN SPEAKER RISES
272. Speaker to be heard in silence.
(1)
Whenever the Speaker speaks or rises to address the House, he shall be
heard in silence and any member who is then speaking or offering to speak, shall
immediately sit down.
(2)
No member shall leave his seat while the Speaker is addressing the
House.
(F) DESICION
273.
Procedure for obtaining decision of the House.
A matter
requiring the decision of House shall be decided by means of a question put by
the Speaker.
274. Proposal and putting of question.
When a
motion has been made, the Speaker shall propose the question for consideration,
and put it for decision of the House. If a motion embodies two or more separate
prepositions, those prepositions may be proposed by the Speaker as separate
questions.
275. No Speech after voices collected.
A member
shall not speak on a question after the Speaker has collected voices both of the
‘ayes’ and of the ‘noes’ on that question.
276. Decision.
(1)
Votes may be taken by voices or by division and shall be taken by
division, if any member so desires:
Provided that the
Speaker may, if he is satisfied that division is unnecessarily claimed, avoid a
division and take votes by show of hands.
(2)
The results of a division shall at once be announced by the Speaker and
shall not be challenged.
(G) SPEAKER’S POWER TO ORDER WITHDRAWAL OF
A MEMBER OR TO ADJOURN THE HOUSE OR
SUSPEND A SITTING
277. Peace and Order in the house.
(1) The
Speaker shall preserve order and may direct any member whose conduct in his
opinion is disorderly or is defiant to the Speaker to withdraw immediately from
the House and the member so ordered to withdraw shall withdraw forthwith and
shall absent himself during the remainder of the day’s sitting.
(2)
The Speaker may name a member in the following cases:
(a) if a
member on being ordered by the Speaker under sub-rule (1) to withdraw does not
obey the order, or
(b) if the
Speaker considers the power conferred under sub-rule (1) to be inadequate,
or
(c) if a
member wilfully and persistently obstructs the proceedings of the House in a
disorderly manner, or
(d) if action
under this rule becomes necessary against him on successive occasions in the
same session.
(3) (a) As soon as a member is
named, the Leader of the House or the Minister for Parliamentary Affairs or in
his absence any other member shall forthwith make a motion to the effect that
the member so named be suspended from the service of the House and the question
on such motion shall be put before the House without any amendment, debate or
adjournment proceeding.
(b)
On a member being so suspended, the period of suspension shall be for the
first occasion
for 3 sittings,
for the second occasion for 7 sittings and on subsequent
occasions unless otherwise decided by the House, for the remainder of the
session.
Provided that any
period of suspension shall in no case be longer than the remainder of the
session.
(c) The member
suspended by the House shall forthwith withdraw from the precincts of the House.
But on his not doing so and on the attention of the House being drawn by the
Speaker to the fact that recourse to force has become necessary, the suspended
member shall stand suspended for the remainder of the session without any
further action.
(d) The member
suspended from the service of the house shall stand debarred from entering the
precincts of the House and from taking part in the proceedings of the House and
the Committees.
Provided that the
Speaker may allow a suspended member to enter the precincts of the House for any
particular purpose on a request being made to that effect.
(4)
The House may at any time, on a motion being made order that any
punishment of suspension under sub-rule (3) aforesaid or the unfinished part
thereof may be rescinded.
(5)
The Speaker shall have full authority to carry out his order or the
decisions of the house and may employ, or authorise the employment of, necessary
force, at any stage of the proceedings.
(6)
The Speaker may, in the case of grave disorder arising in the House,
suspend a sitting for a time to be determined by him.
278.
Suspension of a member in certain circumstances
If during
any sitting of a House any member after entering into empty space in the Chamber
of the House snatches or tries to snatch the papers kept on the table of the
servants of the House or tears or tries to tear them or throws or tries to throw
any paper, file, etc. towards the Speaker’s
chair, or climbs or tries to climb the Speaker’s chair,
such member shall on being named by the Speaker or presiding member, be deemed
to have been suspended from the services of the House for the said
sitting.
(H) POINTS OF ORDERS
279. Points of order and decisions
thereon.
(1) A point
of order shall relate to the interpretation or enforcement of these rules or
such articles of the Constitution or such sections of the Act as regulate the
business of the House and shall raise a question which is within the cognizance
of the Speaker.
(2)
A point of order may be raised in relation to the business before the
House at the moment:
Provided that the
Speaker may permit a member to raise a point of order during the interval
between the termination of one item of business and the commencement of another
if it relates to the maintenance of order in or the arrangement of business
before the House.
(3) Subject to the
conditions referred to in sub-rules (1) and (2), a member may raise a point of
order and the Speaker shall decide whether the point raised is a point of order
and if so, give his decision thereon, which shall be final.
(4)
No debate shall be allowed on a point of order, but the
Speaker may, if he thinks fit, hear members before giving his
decision.
(5)
A point or order is not a point of privilege.
(6)
A member shall not raise a point of order—
(a) to ask for
information, or
(b) to explain
his position, or
(c) while a
question on any motion is being put to the House, or
(d) which is
hypothetical, or
(e) that
division bells did not ring or were not heard.
280. Raising of a
matter which is not a point of order.
A member
who wishes to bring to the notice of the House any matter which is not a point
of order, shall give notice to the Secretary in writing stating briefly the
point which he wishes to raise in the house together with reasons for wishing to
raise it and he shall be permitted to raise it only after the Speaker has given
his consent and at such time and date as the Speaker may fix.
(I) RECORD & REPORT OF PROCEEDINGS
281. Record of proceedings of the
Assembly.
(1) The
Secretary shall keep a journal in which a short record of the decisions of the
Assembly for each day shall be entered.
(2)
The journal after each sitting of the House, shall be signed by the
Speaker, and when so signed it shall form an authentic record of the decisions
of the House.
(3)
The short record of each day's proceedings shall be circulated to the
members in the form of a bulletin as soon as possible.
282. Report of proceedings of the
Assembly.
(1) The
Secretary shall also cause to be prepared a full and accurate record of the
proceedings of the Assembly at each of its sittings and shall publish it in such
form and manner as the Speaker may from time to time direct.
(2)
A copy of such report shall be sent by the Secretary to each member of
the Assembly and to the Lieutenant Governor within three months.
283.
Expunction of words from proceedings of the House.
(1) If the
Speaker is of the opinion that a word or words has or have been used in the
House which is or are defamatory or indecent, or unparliamentary or undignified,
he may, in his discretion, order that such word or words be expunged from the
proceedings of the House.
(2)
The portions of the proceedings of the House so expunged shall not be
printed, in their place asterisks shall be marked and an
explanatory footnote shall be inserted in the proceedings
as follow:
“Expunged as ordered
by the Chair, on such and such date.”
(J) ADMISSION OF STRANGERS
284. Speaker to regulate admission of
strangers.
Admission
of strangers to those portions of the precincts of the House, which are not
reserved for the exclusive use of members, shall be regulated by orders or rules
made by the Speaker.
285. Powers to order withdrawal of
strangers.
The
Speaker may, at any time, order the withdrawal of strangers from any portion of
the precincts of the House.
286. Steps for expulsion of strangers.
The
Speaker may take such steps or action as may, in his discretion be necessary in
the circumstances of the case for the expulsion of any stranger from any portion
of the precincts of the House.
(K) POWER OF SPEAKER TO MAKE REGULATIONS FOR ELECTION BY
SINGLE TRANSFERABLE VOTE
AND FOR BALLOT
287. Speaker to make regulation for election
by single transferable
vote and for ballot.
The
Speaker shall make regulations governing the method of election by single
transferable vote or the holding of ballot for any other purposes for which no
provision has been made in these rule.
(L) ELECTION BY THE ASSEMBLY
288. Election by the Assembly.
When in
pursuance of an Act or otherwise, the members of the Assembly or a section
thereof have to elect their representatives on a public
body, the Secretary shall, when requested in this behalf,
arrange to hold an election in accordance with the provisions of the Act or the
directions of and regulations, if any, made by the Speaker.
(M) LAYING OF A PAPER OR DOCUMENT ON
THE TABLE OF THE HOUSE
289. Laying of any paper or documents on the
table of the House.
No paper
or document shall be laid on the Table without the order or the authority of the
Speaker:
Provided that when a
paper or document is laid on the Table, prior notice shall be given to the
Secretary:
Provided further that
whenever statutory regulations, rules, sub-rules, bye-laws, etc. are required to
be laid on the Table, prior notice thereof shall be given by the minister to the
Secretary in writing along with the authenticated copies of the relevant
documents at least, one day in advance.
(N) MISCELLANEOUS
290.
Suspension of rules.
Any
member may, with the consent of the Speaker, move that any rule may be suspended
in its application to a particular motion before the House and if the motion is
carried, the rule in question shall be suspend for the time being. The Speaker
shall decide the procedure to be followed in such a case.
291.
Interpretation and removal of difficulties.
If any
doubt arises as to interpretation of any of the provisions of these rules, the
decision of the Speaker shall be final.
292.
Residuary powers.
All
matters not specifically provided for in these rules and all questions relating
the detailed working of these rules shall be regulated in such manner as the
Speaker may from time to time direct.
293.
Speaker’s decision not to be questioned.
No
decision of the Speaker in respect of allowing or disallowing of any resolution
or question or in respect of any other matter shall be questioned.
294. Objection to vote of a member.
If the
vote of a member in a division in the House is challenged on the ground of
personal, pecuniary or direct interest in the matter to be decided, the Speaker
may, if he considers necessary, call upon the member making the challenge, to
state precisely grounds of his objection and the member whose vote has been
challenged to state his case and shall decide whether the vote of that member
should be disallowed or not and his decision shall be final:
Provided that the vote of any member or members is challenged immediately
after the division is over and before the result is announced by the
Speaker.
Explanation–For
the purposes of this rule, the interest of a member should be direct, personal
or pecuniary and separately belong to the member whose vote is questioned and
not in common with the public in general or with any class or section thereof on
a matter of state policy.
FIRST
SCHEDULE
(See rules 84 and 85)
(Form of
communication regarding arrest, detention, conviction or release, as the case
may be of a member.)
Place..........................
Date..........................
To
The
Speaker,
Legislative Assembly,
National Capital Territory of Delhi.
Dear Sir,
(A)
I have
the honour to inform you that I have found it my duty in the exercise of my
power under section ............................................ of the
................................. (Act), to direct that Shri
............................................ member of the Legislative Assembly
of the Capital be arrested/detained for
............................................ (reason for the arrest or detention
as the case may be.)
Shri
............................................ M.L.A. was accordingly arrested/
taken into custody at ............................................ (time) on
............................................ (date) and is at present lodged in
the ............................................ jail
............................................ (place).
(B)
I have the honour to inform you
that Shri ............................................ member of the Legislative
Assembly of the Capital, was tried at the
........................................... Court before me
on a charge (or charges) of ..................................................
(reasons for the conviction). On
......................................................... (date) after a trial
lasting for .............................................................. days,
I found him guilty of ............................................ and sentenced
him to imprisonment for ............................................
His
application for leave to appeal to ............................................
is pending consideration.
(C)
I have
the honour to inform you that Shri ..........................................
member of the Legislative Assembly of the Capital, who was convicted on
............................................ (date) and imprisoned for
............................................ (period) for
............................................ (reason for conviction) was
released on bail pending appeal (or released on the sentence being set aside on
appeal, as the case may be) on the ............................................
(date).
Yours
faithfully,
(Judge, Magistrate or Executive
Authority)
*Name of the Court
SECOND
SCHEDULE
(See rule 197)
List of Government Undertakings
1. The
Delhi Financial Corporation
2.
The Delhi Khadi and Village Industries Board
3.
The Delhi State Civil Supplies Corporation
4.
The Delhi Scheduled Castes Financial Development Corporation
5.
The Delhi
Tourism and Transportation Development Corporation
6.
The Delhi State Industrial Development Corporation
7.
The Delhi Jal Board
8.
The Delhi Transport Corporation
THIRD SCHEDULE
(See rule 202 (3))
Form of Petition
To
Delhi Vidhan Sabha
The
humble petition of
(here insert name and designation of description or
petitioner (s) in concise form, e.g. "A.B. and others or "the inhabitants of
.........................." or "the municipality of
.........................................." etc.)
showeth
(Here insert concise statement of case) and accordingly
your petitioner (s) pray that:
(Here insert "that the Bill be or be not proceeded with" or
"that Special provision be made in the Bill to meet the case of your
petitioner(s)" or any other appropriate prayer regarding the Bill or matter
before the House or a matter of general public interest)
and
your petitioner(s) in duly bound will ever pray.
Name
of Petitioner
Address
Signature or Thumb
impression
Counter Signature of member presenting
fourth SCHEDULE
(See rule 251)
Form of No Confidence Motion
Date :
To
The Secretary,
Legislative Assembly,
National Capital Territory of Delhi
Sub : No Confidence Motion
Sir,
I hereby give notice of the following Motion under Rule 251
‘This
House expresses its want of Confidence in the Council of Ministers.’
(Name of the MLA with signatures)
The Member of Delhi Legislative
Assembly (Disqualification on
Ground of Defection) Rule, 1996
Annexure-I
THE MEMBERS OF DELHI LEGISLATIVE ASSEMBLY (DISQUALIFICATION
ON GROUND OF DEFECTION) RULES, 1996.
In
exercise of the powers conferred by paragraph 8 of the Tenth Schedule to the
Constitution of India, read with section 16 of the Government of National
Capital Territory of Delhi Act, 1991 (No. 1 of 1992), the Speaker, Legislative
Assembly of the National Capital Territory of Delhi hereby makes the following
rules namely—
Short Title—1. These rules may be called the
Members of Delhi Legislative Assembly (Disqualification on ground of Defection)
Rules, 1996.
Definitions—2. In these rules, unless the context
otherwise requires—
(a)
‘Bulletin’ means the Bulletin of the
house;
(b) ‘Committee’ means the Committee of Privileges of the
Legislative Assembly of the National Capital Territory of Delhi;
(c) ‘Form’ means a form appended to these rules;
(d) ‘date of commencement’, in relation to these rules
means the date on which these rules take effect under sub-paragraph (2) of
paragraph 8 of the Tenth Schedule;
(e) ‘House’ means the House of the Legislative Assembly of
the National Capital Territory of Delhi;
(f) ‘leader’ in relation to a legislature party, means a
member of the party chosen by it as its leader and includes any other member of
the party authorised by the party to act, in the absence of the leader as, or
discharge the functions of, the leader of the party for the purpose of these
rules;
(g) ‘member’ means a member of the Legislative Assembly of
the National Capital Territory of Delhi;
(h) ‘Tenth Schedule’ means the Tenth Schedule to the
Constitution of India;
(i)
‘Secretary’ means the Secretary to the
Legislative Assembly and includes any other person as is empowered to perform
the functions of the Secretary.
3.
Information to be furnished by leader of a legislature party—(1) The
leader of each legislature party (other than legislature party consisting of
only one member) shall, within thirty days after the first sitting of the House,
or, where such legislature party is formed after the first sitting, within
thirty days after its formation, or, in either case within such further period
as the Speaker may for sufficient cause allow, furnish the following to the
Speaker, namely—
(a) a
statement (in writing) containing the names of members of such legislature party
together with other particulars regarding such members as in Form I and the
names and designations of the members of such party who have been authorised by
it for communicating with the Speaker for purposes of these rules;
(b) a copy of
the rules and regulations (whether known as such or as Constitution or by any
other name) of the political party concerned; and
(c) where such
legislature party has any separate set of rules and regulations (whether known
as such or as Constitution or by any other name), also a copy of such rules and
regulations.
(2)
Where a legislature party consists of only one member, such member shall
furnish a copy of the rules and regulations mentioned in clause (b) of sub-rule
(1) to the Speaker, within thirty days after the first sitting of the House or,
where he has become a member of the House after the first sitting, within thirty
days after he has taken his seat in the House, or, in either case within such
further period as the Speaker may for sufficient cause allow.
(3)
In the event of any increase in the strength of a legislature party
consisting of only one member, the provision of sub-rule (1) shall apply in
relation to such legislature party as if such legislature party had been formed
on the first day on which its strength increased.
(4)
Whenever any change takes place in the information furnished by the
leader of a legislature party under subrule (1) or by a member under sub-rule
(2), he shall, within thirty days thereafter, or, within such further period as
the Speaker may for sufficient cause allow, furnish in writing information to
the Speaker with respect to such change.
(5)
In the case of the House in existence on the date of commencement of
these rules, the reference in sub-rules (1) and (2) to the date of the first
sitting of the house shall be construed as a reference to the date of
commencement of these rules.
(6)
Where a member belonging to any political party votes or abstains from
voting in the House contrary to any direction issued by such political party or
by any person or authority authorised by it in this behalf, without obtaining,
in either case, the prior permission of such political party, person or
authority, the leader of the legislature party concerned or where such member is
the leader, or as the case may be, the sole member of such legislature party,
such member, shall, as soon as may be after the expiry of fifteen days from the
date of such voting or abstention, and in any case within thirty days from the
date of such voting or abstention, inform the Speaker as in Form II whether such
voting or abstention has or has not been condoned by such political party,
person or authority.
Explanation : A
member may be regarded as having abstained from voting only when he, being
entitled to vote, voluntarily refrained from voting.
4.
Information etc. to be furnished by
members—(1) Every member who has taken his seat in the House before the date
of commencement of these rules shall furnish to the Secretary within thirty days
from such date or within such further period as the Speaker may for sufficient
cause allow, a statement of particulars and declaration as in Form III.
(2) Every member who takes his seat in the House after the commencement of these rules shall, before making and subscribing an oath or affirmation under section 12 of the
Government of National Capital Territory of Delhi Act, 1991
(No. 1 of 1992) and taking his seat in the House, deposit with the Secretary,
his election certificate and also furnish to the Secretary a statement of
particulars and declaration as in Form III.
Explanation—For the purposes of this sub-rule, “Election Certificate”
means the certificate of election issued under the Representation of the People
Act, 1951 (43 of 1951) and the rules made thereunder.
(3)
A summary of the information furnished by the members under this rule
shall be published in the Bulletin and if any discrepancy therein is pointed out
to the satisfaction of the Speaker, necessary corrigendum shall be published in
the Bulletin.
5.
Register of information as to members—(1) The
Secretary shall maintain, as in Form IV, a register based on the information
furnished under rules 3 and 4 in relation to the members.
(2)
The information in relation to each members shall be recorded on a
separate page in the Register.
6.
References to be by petitions—(1) No
reference of any question as to whether a member has become subject to
disqualification under the Tenth Schedule shall be made except by a petition in
relation to such members made in accordance with the provisions of this
rule.
(2)
A petition in relation to a member may be made in writing to the Speaker
by any other member :
Provided that a petition in relation to the Speaker shall be addressed to
the Secretary.
(3)
The Secretary shall—
(a) as soon as
may be after the receipt of a petition under the proviso to sub-rule (2) make a
report in respect thereof to the house; and
(b) as soon as
may be after the House has elected a member in pursuance of the proviso to
sub-paragraph (1) of paragraph 6 of the Tenth Schedule, place the petition
before such member.
(4)
Before making any petition in relation to any member, the petitioner
shall satisfy himself that there are reasonable grounds for believing that a
question has arisen as to whether such member has become subject to
disqualification under the Tenth Schedule.
(5)
Every petition—
(a) shall
contain a concise statement of the material facts on which the petitioner
relies; and
(b) shall be
accompanied by copies of the documentary evidence, if any, on which the
petitioner relies and where the petitioner relies on any information furnished
to him by any person, a statement containing the names and addresses of such
persons and the gist of such information as furnished by each such person.
(6)
Every petition shall be signed by the petitioner and verified in the
manner laid down in the Code of Civil Procedure, 1908(5 of 1908), for the
verification of pleadings.
(7)
Every annexure to the petition shall also be signed by the petitioner and
verified in the same manner as the petition.
7.
Procedure—(1) On receipt of a petition under
rule 6, the Speaker shall consider whether the petition complies with the
requirements of that rule.
(2)
If the petition does not comply with the requirements of rule 6, the
Speaker shall dismiss the petition and intimate the petitioner accordingly.
(3)
If the petition complies with the requirements of rule 6, the Speaker
shall cause copies of the petition and of the annexures thereto to be
forwarded—
(a) to the
member in relation to whom the petition has been made; and
(b) where such
member belongs to any legislature party and such petition has not been made by
the leader thereof, also to such leader;
And such member of leader shall, within seven days of the receipt of such copies, or within such further period
as the Speaker may
for sufficient cause allow, forward his comments in writing thereon to the
Speaker.
(4)
After considering the comments, if any, in relation to the petition,
received under sub-rule (3) within the period allowed (whether originally or on
extension under that sub-rule) the Speaker may either proceed to determine the
question or, if he is satisfied, having regard to the nature and circumstances
of the case that it is necessary or expedient so to do, refer the petition to
the Committee for making a preliminary inquiry and submitting a report to
him.
(5)
The Speaker shall, as soon as may be after referring a petition to the
Committee under sub-rule (4), intimate the petitioner accordingly and make an
announcement with respect to such reference in the House or, if the House is not
then in session, cause the information as to the reference to be published in
the Bulletin.
(6)
Where the Speaker makes a reference under sub-rule (4) to the Committee,
he shall proceed to determine the question as soon as may be after receipt of
the report from the Committee.
(7)
The procedure which shall be followed by the Speaker for determining any
question and the procedure which shall be followed by the Committee for the
purpose of making a preliminary inquiry under sub-rule (4) shall be, so far as
may be, the same as the procedure for inquiry and determination by the Committee
of any question as to breach of privilege of the House by a member, and neither
the Speaker nor the Committee shall come to any finding that a member has become
subject to disqualification under the Tenth Schedule without affording a
reasonable opportunity to such member to represent his case and to be heard in
person.
(8)
The provisions of sub-rules (1) to (7) shall apply with respect to a
petition in relation to the Speaker as they apply with respect to a petition in
relation to any other member and for this purpose, reference to the Speaker in
these sub-rules shall be construed as including reference to the member elected
by the House
under the proviso to sub-paragraph (1) of paragraph 6 of the Tenth
Schedule.
8.
Decision on petitions—(1) At the conclusion
of the consideration of the petition, the Speaker or, as the case may be, the
member elected under the proviso to sub-paragraph (1) of paragraph 6 of the
Tenth Schedule shall by order in writing—
(a) dismiss
the petition, or
(b) declare
that the member in relation to whom the petition has been made has become
subject to disqualification under the Tenth Schedule;
And cause
copies of the order to be delivered or forwarded to the petitioner, the member
in relation to whom the petition has been made and to the leader of the
legislature party, if any, concerned.
(2)
Every decision declaring a member to have become subject to
disqualification under the Tenth Schedule shall be reported to the House
forthwith if the House is in session, and if the House is not in session,
immediately after the House reassembles.
(3)
Every decision referred to in sub-rule (1) shall be published in the
Bulletin and notified in the Official Gazette and copies of such decision
forwarded by the Secretary to the Election Commission of India and the
Government of National Capital Territory of Delhi.
9.
Directions as to detailed working of the
rules—The Speaker may, from time to time, issue such directions as he may
consider necessary in regard to the detailed working of these rules.
[See
rule 3(1)(a)]
Name
of the Legislature Party :
Name of the corresponding political
party :
S.No.
Name of the Father’s/husband’s Permanent Name of the
Member
name Address Constituency
(in block
letters) from which elected
(1) (2) (3) (4) (5)
Date
: Signature of the
leader of the
Legislature party.
FORM
II
[See
Rule 3(6)]
To
The Speaker,
Delhi Legislative Assembly.
Sir,
At the sitting of the House held on............................(date)
during voting on............................ (subject-matter)
......................................................................
+Shri...............................................MLA
(Division
No..........................................)
member
of.............................................
(name of
political party), and
member
of.............................................
(name of
legislative party)
had
voted/abstained from voting,
contrary
to the direction issued
by..............................*(person/authority/party) without obtaining the
prior permission of the said *person/authority/party.
2. On (date)..................................the aforesaid matter was
considered by.........................*(person/authority/party) and the said
†voting/abstention was †condoned/was not condoned by †him/it.
Yours faithfully,
Date: (Signature)
†Strike out inappropriate words/portions.
*(Here
mention the name of the person/authority/party, as the case may be, who has
issued the direction.)
FORM
III
(See
Rule 4)
1.
Name of the member (in block letters) :
2.
Father’s/husband’s name :
3.
Permanent Address :
4.
Delhi Address :
5.
Date of election :
6.
Party affiliation as on—
(i)
Date of election :
(ii)
Date of signing this form :
DECLARATION
I...............................hereby declare that the information given
above is true and correct.
In
the event of any change in the information given above, I undertake to intimate
the Speaker immediately.
Date
:
Signature/thumbe
impression of member
FORM
IV
[See
Rule 5(1)]
Name
of the Father’s/
Permanent
Delhi
State Date
of Name of Name of
Remarks
member husband’s
Address Address
election
political party legislature
(in
block letters) name
to which he
party to
belongs
which he
belongs
(1) (2) (3) (4) (5) (6) (7) (8) (9)
Siddharath Rao
Secretary.