REGISTERED No. L. 3131
The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, MONDAY, OCTOBER, 27, 1947
CONSTITUENT ASSEMBLY OF INDIA (LEGISLATIVE).
NOTIFICATIONS
New Delhi, the 27th October, 1947
No. 75.1/47-A.—The Indian Legislative Pules in force immediately before the establishment of the Dominion of India an modified and adapted by the President of the Constituent Assembly of India in exercise of the powers con- ferred, by sub-section (8) of section 38 of the Government of India Act, 1935 for the purposes of the said Assembly when discharging the functions of the Domi- nion Legislature under the said Act, are hereby published for general informa- tion :
1. Short title.—These rules may be called 'the Constituent Assembly (Legislative) Rules.
2. Definitions.—In these rules, unless the context otherwise requires,—
"the Act" means the Government of India Act, 1935 as in force for the time being;
"Assembly" means the Constituent Assembly of India when discharging the functions of the Dominion Legislature under the Act;
"Finance Minister" includes any Minister or any member of the Assem- bly appointed by the Governor-General to perform the functions assigned to the Finance Minister under these rules;
"Gazette " means the Gazette of India;
"member" moans a member of the Assembly;
" Minister" means a member of the Council of Ministers, and includes any member to whom such Minister may delegate any function assigned to him under these rules;
"President" means the President of the Constituent Assembly of India; "standing order" means a standing order of the Assembly; ' Secretary" means the Secretary to the Assembly and includes any per- son for the time being performing the duties of the Secretary.
Words and expressions used in the Act and also in these rules shall, unless the context otherwise requires, have the meanings assigned to them in the Act.
2A. Speaker.—(1) The Assembly may elect a member of the Assembly to be Speaker thereof and, so after as the office of Speaker becomes vacant, the Assembly may elect another member to be Speaker.
( 1195 )
1196 THE GAZETTE OF INDIA EXTIlAOBDINABY, OCT. 27, 1947.(2) A member holding office u, Speaker of the Assembly bhalL vacate big.
office if he ceases to be a member oi the Assembly, may at any time resign his office by writing under his hand addressed to the President, and may be removed from bJ& office by a resolution of the Assembly passed by a majority of all the then members oi the Assembly; but no resolution for the purpose of this sub-' rule shall be mo\ed unless at least fourteen dcijs' notice has been gi\en ox the intention to move the resolution.
(X) If Ihe President it, a Minister tor the Dominion or if the offcee oi the President is vacant, the Speaker shall pitvide over the Assembly and may exorcise all ttie powers of tirj President under these rules:
Provided tliat nothing ui thi. sub-rule shall preclude the President from pre^diuy over tJie Assembly until the first J i C du of the Speaker.
2B. Election of Speaker foj the Assembly.—(1) The election ot a Speaker shal! be held on such date as the President may fix and the Secretary skill send t(, everj member notice of this date.
(2) At any time before noon on the day preceding the date so fixed, anj member may nominate anothei member for election by delivering to the Sec- retary 8 nomination paper signed by himself as proposer and by a third member a? seconder and stating—
(a) the name of the member nominated, and (b) that the proposer has aocortained that such member is willing to serve as Speaker, if elected.
(o On the date of election the person presiding shall read out to the Assembly the names of the members who have been duly nominated together with those of their proposers and seconders, and, if only one member has been so nomi- nated, shall declare that member to be elected. If more than one member has beeu so nominated, the Assembly shall proceed to elect a Speaker by ballot.
(4) For the purposes of sub-rule (3) a member shall not be deemed to have been duly nominated or be entitled to vote if he and his proposer and seconder have not. before the reading out of the names by the presiding member, made , the declaration referred to in rule 2C.
(5) Where more than two candidates have been nominated and at the first ballot no candidate obtains more votes than the aggregate votes obtained by the other candidates, the candidate who has obtiined the smallest number of votes shall he excluded from the election and balloting shall proceed, the candidate obtaining the smallest number of votes at each ballot being excluded from the election until one candidate obtains more votes than the remaining candidate or than the aggregate vo+es of the remaining candidates, as the case -may be.
(6) Where at any ballot any of three or more candidates obtain an equal number of votes and one of them has to be excluded from the election under sub- rule (5) the determination as between the candidates whose votes are equal of the candidate who is to be excluded shall be by drawing of lots.
2 0. Declaration by members.—Every member shall, before taking his seat in tfae Assembly, make a declaration in the following form, namely:-—
"I a member of the Constituent Assembly of India, do dedicate myself in all humility to the service of India and her people to the end that this ancient land attain her riehtful and honoured place in the world and make her full and willing contribution to the*" promotion of world peace and the welfare of mankind.".
3. Panel of Chairmen.—(1) As soon as may be after the commencement of a session the President or the Speaker, as the case may be, shall nominate from IHIO""W"+ *hp members of the Assembly a panel of not more than four
TIIE (1AZETTE 01 INDIA EXTRAORDINARY, OCT. 27, 1947. 1197C h a i r m e n, u r iy n nn of w h ' i in n i .^ pr M1 o . er t l if A s s e m b ly in t he n b sp I CJ
of t he t 'r H i d ' l it i ;- t in S pe ik r i l ir ii s. i'i qm - , t ed h\ t h< I V L S H I' l it <>i us
t he o u s^ n i ' iY hr t ht S p e u k ei
(2) A Chairman nommiiLed undct sub-rule ( lj ahull hold his office until n u v\ panel ol Chairmen is nominated
3A. Temporary Chairman,- If ut 'my time t h" office of Hpeaker is vacant •ant] a new Speaker is to hi' elected and Ihere is no n o s on authniiped our] able to preside ovtr tin- Af,spmb]>, the AsMinbly sliall dctLtniine f^oiri ninoigst its metuocih a (.'iiairnuin tu |jr<_bide until t he new Speaker has, been duly elected
4. Power of persons presiding.—Arn Ohnuman of t>m AsRinibU sh ill when p i e b i i i i i iK
5. 0miltcd
SA. Omiitul
6. A l l o t m e nt cf t i me lor non-c211cial bue-neas and p i e i e l f rf o? V u s l n a J ; .—
T he l'reajdcnf, after curihiderin^ t he a t n tc of busmesH <>t t l i" V^'iMiib'y n un ellol BO m ay d a ys us m a\ be p o s s i b le t or non-ofnfial Imwuu n, a nd m.iy idiot d ffereilt d a ys l or t he d i - . p iM il ut d i 'i ' o n *- e l n s s ^h of H i i ch ] ~ m s i n < _ ns u n 'l I HI d t ^s s > , il U IL d for any particular elnsn of business, huhiness of that class* shul] have iirecedcn.ee O'l othel d a \a no biwinesfi oilier than ilovennrii'Tit 1'USIIIL-IS nlmll In1 tr.iri.n;irjl 'd except witli the eonsenf of the President.
i. Power to disallow Questions.—The 1'rtiaideril mu\ ujthm th.- ppnnd "L notice dinallow any question or any purt of h question on the ground that it relntf's to a m a t t er which is not primarily the uoniern ol the Governn en I of India, and, if ho doen so, tho quefetion or part of the <|Ui stiyn shall noi be ii'iu-t'il <> i tlie li.st of questions
8. Subject matter ol Question.—Subject Lo the pmviHions ni the-,e rules, u questioti m ay bo asked for the jjur])onr nf obtaining information on a m a t t er ot public concern within the special eogni'iuicu ol the nieinbpr to v horn it m addressed:
Provided thnt no question chilli be auked on a n\ matter which is under Adjudication by a Court ot Law having jurisdiction m am part of India.
aA. Procedure lor Questions In Assembly.—In the AfiBwmny-
0) notice of n question shuil be f^iveii m writing to the Heeretury and Hliall specify—•
a) t i n' official defi'f^niitioii "t t l it uu n i l i ei to w h om it is , n l di - n cd i>
if the question it, addrebBed to a non-officiu] member, thn nume ot such member; and
(t>) the date upon which tht question is propoHed to bt plueed on the li&t of questions for answer;
(o) unless the President, with the consent of the Minister concerned otherwise directs, no qu jution shall be plueed on the list of ques- tions for answer until five clear days have expired from the time when notice of the admission of such question h\ the Prosi- di'iit has been given h\ the Hecreiarj to the member to whom it is addressed,
(in) not more than five questions asked b\ the same member shall be called for aiwwei on any one day;
ll"8 THE GAZETTE OF INDIA EXTEAOBDINAEY, OCT. 27, 1947.(iv) the time available for answering questions shall be allotted on different days in rotation for the answering of questions relating to such Ministry or Ministries as the President may, from time to time, provide, and on each such day, unless the President with the consent of the Minister concerned otherwise directs, only questions relating to the Ministry or Ministries for which time on that day has been allotted, and questions addressed to non-official members, shall be placed on the list of questions for answer; and
(r) if any question placed on the list of questions for answer on any day is not called for answer within the time available for answering questions on that day, the member to whom the question is addressed shall forthwith lay upon the table of the Assembly a written reply to the question, and no oral reply shall be required to such question and no supplementary questions shall be asked in respect thereof :
Provided that a member may, by notice given nt any time before the meeting- for which his question has bfen placed on the list, withdraw his qusshoa, or postpone it to a la^er day to be specified in Ihc notice, mid on HUCII lator day the question shalJ, subject to the provision* of clause (iv), be placed on the list after all questions which have not been RO postponed;
Provided further that a postponed question shall not be placed on the lisl until two clear days have expired from the time when the notice of postpone- ment has been received by the Secretary.
9. Questions regarding controversy between authorities.—In matters which are or have been the subject of controversy between the Government of India and a Provincial Government, no question shall be asked except as to matters of fact, and tho answer shall be confined to a statement of fact.
10. Supplementary Questions.—Any member may put a supplementary question for the purpose of further elucidating any matter of fact regarding which an answer has been given:
Provided that the President shall disallow any supplementary question if, in his opinion, it infringes the rules as to the subject-matter of questions.
11. Motions lor adjournments.—(1) A motion for an adjournment of the business of the Assembly for the purpose of discussing a dennita matter of urgent public importance may be made with the consent of the President.
(2) Notice of a motion under sub-rule (1) shall be givon before the commence- ment of the sitting on the day on which the motion is proposed to be made both to the President and to the Minister conoerned.
12. Restrictions on power to make motion.—The right to move the adjourn- ment of the Assembly for the purpose of discussing a definite matter of urgent public importance shall be subject to tho following restrictions, namely: —
(t) not more than one such motion shall be made at the same sitting;
(ii) not more than one matter can be discussed on the same motion, and the motion must be restricted to a specific matter of recent occurrence;
(Hi) the motion must not revivo discussion on a matter which has been
discussed in the same session;
(iv) the motion must not anticipate & matter whioh has been previously appointed for consideration. In determining whether a discussion
THE GAZETTE OF INDTA EXTBAOBDINAKY, OCT. 27, 1947. 1199is out of order on the ground of anticipation, regard shall be had by the President to the probability of tliu multiT anticipated being brought beforo the Assembly within a reasonable time; and
(vj the motion must not deal with any matter which is under adjudication by a Court of Law having jurisdiction in any part of India.
13. Omitted.
14. Language of the Assembly.—The business of the Assembly shall be tran- sacted in English, provided that uny member may address the Assembly in Hin- dustani and tlmt the President may permit a member unacquainted with English or H.nduflliinj to address the Assembly in any Jnditin Language.
15. Decision on points ol order.—(1) The -President shall deeide nrll points ol ordei which may an^e, tmd his decision shall bfi final.
(2) Any member may lit any time submit u point of order for the decision of the President, but, in doiii^' bo, shall confine himself to stating tho point.
16. Irrelevance or repetition.—The President, after having cjlkd the atten- tion id the Assembly to the conduct of ft member who persists in irrelevance or in 1 odious repetition either of hib own n,i#UTunntn or i>f (lie iirj;nriients used by othr-T members in debate, may dirceL him to discontinue his speech,
17. Power to order withdrawal ol member.—(1) The I'residint shall preserve order and have all powors neeebaary foi the purpose of enforcing his decisions on all points of order.
(2) He may direct any member whose conduct is in his opinion grossly dis- orderly to withdraw immediately from the Assembly, and any member so ordere i to withdraw shall do so forthwith and sha'l absent, himself during the remainder of tho day's meeting. If any member is ordered to withdraw a second time in the same session, the President may direct the member to absent him- self from (lie meetings \>t the Assembly tor any period not longer than the remainder of the Mission, and tho member so directed shall absent himself accordingly.
(3) The President may, in the case of grave disorder arising in the AEsembly, suspend any sitting for a time to be named by him.
17A. Omitted,
18. Publication oi Bills.—The Governor-General may order the publication of uny Bill (together with the Statement of Objects and Reasons accompanying it) 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.
19. Notice of motion for leave to introduce Billa.— (1) Any member, other than a Minister, desiring to move for leave to introduce a Bill, shall give notice of MF intention, and shall, together with the notice submit a copy of the BUI and a full Statement of Objects and Beasons.
(2) If the Bill is a Bill which under the Act eannot be introduced without, the previous sanction or recommendation of Ihe Governor-General, the member shall annex to the notice a copy of such sanction, or recommendation, and the notice shall not be valid until this requirement is complied with.
(3) The period of notice of a motion for leave to introduce a Bill under this rule Eball be one month unless the President allows the motion to be made *t flhorter notice.
1200 THE GAZETTE OF INDIA EXTRAORDINABY, OCT. 27, 1947.13A. Provisions applicable to amendments requiring sanction or recommen-
dation.— If any member desires to move an amendment which under the Act cannot be moved witnout the ptev out, scuicnuu ot i ^commendation oi the Governor-General, he shall annex to the notice required by the Standing Orders a copy oi such sanction or recommendation and the notice shall not be valid unt 1 ti'is requirement is complied with
20. Publication.—As soon as may be after a Bill has been introduced, the Bill unless it has already been published, shall Le published in the Garette. 20A. Persons by wtiom motions in respect of Bills may be made.—(1) No UIOIJO1! that a Bill be taktn into r o i v i l a at on oi be nassed shall be made by A> \ .nember other than the raemrei m charge of tnp BilJ and no motion that . 1-5]il be referred to a Select Commit) ee or be circul ted or re circulated for the pi ti use of el'C ting rpinion thereon shall be made bv any member other than th iremrer JI chaige except h\ wiy of amcnlm*- t to i motion made bj the i iti>ibe 'n clnigp
(2, For the pni posesrtthis nile n cmbei in chaisre of the Bih means, in +hb fabe oi a Government Bill am member acting on behalf oi the Govern- ment and, m any oth^i case the meml er who has mtioduced the "Bill
20B. Allotment of days for stages ol finance Bills.—(1) In th-s rule " F j n o t ir BiU m e a ns t he B il c i J i ' i p i' u imi t i i '> - \ (n tj m t > ct a r 'd w he I • s ue li n P o t i i i e nt h as b e en m i dp t he r ( > s i d e r >t s h a ll a 5 o ' c l o ck on t he
HPTXT"! n A r7T^rrm-n /^"p TXTT^T A TT'V'T^XS Uti>nTAT A"PV O GT 27 l*-)47 ^r t01
(2) No resolution shall be moved on any matter which is under adjudieat on b,/ i Court ol Law having jurisdiction jn anv pait ot Tndia
24. Copy to Government.— \ eopv ol c \ c i/ i ^ l u t i On \,hich has been passed by the Assemb'v shall be forwarded to the Goiernoi General
24A. Disoussioii ol matters o± gentral public inteiest other* iuo fcian on a resolution.—Save m so far as is otherwise piovided by the Act or by these rules, JJ i discussion of a matter of s.ei eral pubhc inteiest shall take place otherwise t] an on a lesoiuuon moved m accoirtaneo vuth the lules governing the moving Ci irsolutions except on a motion made with the consent ox the Viesident, who if he admits tne motion v, 1 allot i du Joi its discussion io co sultation v >th the Leader oi the House.
#4B. Motion Of non-confidence in. Ministers.—(1) A motion expiessmg wait of confidereo m the Couni i'
(a) leave to meke the motion must bf is-l.^d 1< 1 itti questiins and beiore iiii ' •>! oi inisji ts>- ^^" in uu is euteied iiPon,
(b) the member asking i< < s -m 111-,•' i x me vlie c onniienceniciit of trp sitting ot the d"y >eMc wilh ^h"j Secietar1, 5 viii ten notice or the motion v hich T e f o| osi>s *o n">T\(.
(2) Jf tht. Pr^sir'ont '" of opmn > that the ]• ot o" s 111 oidei, he shall read t he "• "n't ^^ " \ C C PI i h H' - > i id cli "1 t e n\ < < - \. v ho " •• i r m b ^m \ h << a re in f a v o ur
25—42. Omitted 43. Tha Budget.—The 4nnuil Financial State m ^t c> tho Statement of the estimated IlecejJts and Expenditure of the Dominion m respect of each fiiTUi'ial \ear (herema tei ipferred to as 'the Budget) sha1! be presented to the A— j!iL\v oa "uch. da . s the Go"1 emor General mav direct
14. Demands lor grants.— (1) A separate demand shall ordinarily be made in r< ^pect of thp grant pioposed for 1 aeh Miaistrj, provided that the Finanep Mm stor mav mdudp in one demand grants proposed for two or more Ministries, 01 make a demand m resnect of expenditure which cannot- readily be close fled undi r particular Ministries
(2) Each demand shall contain, first, a statement of the total grant pro- posed, and then a statement of the detailed estimate under each grant dhided into items
(3) Subiect to these rules, the Budget shall be presented in such a foim as the Finance Minister ma-y conpider best fitted for its consideration b\ the Assembly.
1202 THE GAZETTE OF INDIA EXTRAORDINABY, OCT. 27, 1947.45. Stages of the Budget debate.— The Budget shall be dealt with by the A ^ t m bh in two stages, n i m v l y --
(t) a general discussion ; ,md
(u) the -voiing of demands for grants
46. General discussion.—(1) On a ,d"v In be appointed by the President subsequent to the cluv on •which the Budget is presented and for such time us the J'resident mil', allot for thin purpose the AaseinbU shall bt- at liberty tu d.fipiiss (he Ijiid^ot HH >\ whole oi -my question of principle involved therein, but. mi motion shall be moved at this staye, nor shall the Bridget lie submitted to the \oti- (>v the As<=emblv.
(2) The Finance Minister ibhull hnve y t>t neral right 'if replj at the *nd ol.
thi! discussion
(3) The President m.iy, 'il he fhinks fi^ piescribo a time-limit for E,j>eeohes
47. Voting of grants.—(1) The President in ronsulintion with the Leader of the House shall nl'oi AO inmiv days ns may be compni hie y, ith the yjublio interest ftn- tlic Jiseubhion and vi+ni^ of demands for crants
(2) On the last day of the allotted dnyt, at ti\e o'(loek, the 1'iesidont shall forthwith put every question ner ('tifiury to dispose of all the outstunding niatterfc in runner-lion with the demands for Ltrnntf;.
48. Motio.ns at this stage.—(1) No motion for appropriation cun be made except o'i the re'ommendation of the (Tovernot-G-encral communicated to the As lembly,
(2) Motiony may be mo\ed at this stage to reduce rtny grant, but not meiennn oi alter (he destination of u ^riint.
(3,1 No amendmeDte to motions to reduce any grant shall be permissible.
(4) Wliun several motions relating to the sunn- demand tue offered, they ehall be discussed in the order in which the hejds to which the\ relate, appear in the Budget.
48A. Presentation of budget in parts.—Nothing IK reinh< fore contained slnll be deemed to prr\etit the presentation of the Budget to the Assembly in two or more parts and when such presentation lakes p^ice, eneh pait stmli be dealt with in accordance with the ioiegoing rules ai if it wi're the Budget
49. Excess grants.—When money has been spent on an> service for -which the vote of tho Asbembly is necessarv during any finnncinl veur m excess of the amount granted for that service and for that \ear, a demand for- the exce3a shall be presented to the Assembly by the Finance Minister, md shall be dealt with in the same way by the Assembly as if it ^.^re a demand for a grant
50. Supplementary or additional grants.—(1) An estimate dhall be presented to the Assembly for a supplementary or additional giant when—
(i) the amount voted in the Budget of a grant it> found to be insufficient for the purposes of the current year, or
00 a need arises during the current year for expenditure for which the vote of the Assembly is necessary upon some new service no+ contemplated in the Budget for that year-
Provided that when funds to meet proposed expenditure en n new service, can be made available by re-appropriation a demand for the grant of a token eum may be submitted to the vote of the Assembly and if the Assembly assents to the demand, funds may be eo made available.
THE GAZETTE OF INDIA EXTBAOBDINABiT, OCT. 27, 1947. 1203(2) An estimate may be presented to the Assembly for an additional or supplementary grant in respect o{ nay demund to which the Assembly has previously refused its assent, or the amount of which the Assembly has reduced.
(iij Supplementary or additional estimates shall be dealt with in the flame way by tho Assembly as if they were demands for grants.
51. Constitution of Committee on Public Accounts.—(1) As soon as may by after the commencement of the iirat session of the Assembly, a Committee on Public Accounts shall, subject to the provisions of this rule, be constituted for the purpose of dealing with the appropriation accounts of the Government of India, and the report of 1 he Auditor-General Ihereon and such other mutters us tlit' Ministry of Finance may refer to the Committee.
(2) The Committee on Public Accounts shall consist of not more than twelve members including ihr Chairman. They shall be elected bj the Assembly from among its members according to the principle of proportional re-pivaenttitiun by means of the single transferable vote. The term of office of members of the Committee shall be one year but any member shall be eligible fov re-election. In order to constitute n meeting of the Committee, the quorum shall be four.
(.-!) Casual vacancies in tho Committee shall be filled as soon as possible after they occur by election in the manner aforesaid, and any person elected to fill such vacancy sbnll hold office for the peril id for which the person in whose pluce he is elected would, under the provisions of tbis rule, have held ornVe.
(4) The Finance Minister shall be Chairman of the Committee, and, in the case of an equality of votes on any matter, shall have a second or casting vote.
52. Control of Committee on Public Accounts.—(1) In scrutinising the Appropriation Accounts of the Government, of India and the report of the Auditor-General thereon, it shall be Ihe duty of tho Public Accounts Committee to satisfy itself—
(a) that the moneys shown in the accounts as having been disbursed were legally available for and applicable to the service or purpose to which they Lave been applied or charged;
{b) that the expenditure conforms to the authority which governs it; and
and
(c) that every reappropriation has been made in accordance with such rules as may be prescribed by the Ministry of Finance.
"'2'| It shall also be a duty of the Public Accounts Committee—
(a) to examine such trading, manufacturing und profit and loss accounts and balance sheets as the Governor-General may have required to be prepared, and the Auditor-General's report thereon; and (b) to consider the report <>{ the Auditor-General m cases where- the Governor-General may have required him to conduct an audit of any receipts or tu examine the accounts of stores arnd stock.
52A. Procedure to be followed in making rules.—The procedure to be followed by the Assembly in making rules under sub-section (1) of section 38 of the Act to regulate its procedure and the conduct of its business shall be such as may be adopted by motion made and carried in the Assembly.
53. Communications from the Governor-General to the Assembly.— Conimunicartions from the Governor-General to the Assembly shall be made to the President by written message or, if the Governor-General ig absent from the headquarters of the Government by telegraphic message the authenticity of \ihich shall be certified to the President under signature of a Minister.
1204 THF, GAZETTE OF TODIA TCXTKAORMNARY OCT. 27 1047.N o. 7 5 - I I / 4 7 - A . —T he L e g i s l a t i ve A s s e m b lv S t n r u l i ng O r d e rs in force i m- m e d i a t e ly before t he e s t a b l i s h m e nt ol t he I W i u i nn ut h i dm as i,,. ,,d m id iiiJnptea ;,;" t!:o P r c s i d u . it of i he I'UI, -i,i,,,.|,t A - N. ii,,,h? ol m u m, m e v c r i^ of, t ho i " ™ °™ e,,nferred by s u b - s e c t i on (,'!) of s e c t i on 3S ut tlio ( l o ^ m m e n fc of I"iiii_ 1 p u n c r al i n t o r m a t i o ri —
1. Bhoi'C t ' t l e —1 fiL^r sLjmlniH m d us truiv be c a l l ed " t l ui C o n st t u e nb A ^i mljlj (Li'yihlutivn) b t i i i i d i ng O r d e r s ".
2. B s u l i i L i O i i S. i, I L H SI s u m , d i l l, ' i l n ,^ n t i l i Sh H ie r O n t r xt n l l l f L w i ae li I J 1 1 1 1 0 4,
"(,h Ai.t-" n v i i i is tlie GoviTnrin ut ot Tndin A t t, H)ri,'i us ,n l\,i\f J( , t he t i u u' liHing;
" A ,J^ ' " U ' h l y '' I P I . ' [ ( I I> t lw ( \ n i . Hi n . i n| \ r , - , i , i, , i' T ,, i ; ,, v| ,, i ,.^ j, ,^ t he f u n c t i o ns of t he l i n n i mi nj L i v i s l a, u re u n d er t he A r t;
" i ' i i i H i u 'H
i \ I n i i y ci , -'
l u i i ' d . ' t- • § \i i .i ' i -. n ;n UI ' I. r nl i l i ,> A s s e m- b ly t i p p o m t ed b> t he ( i n v e m n r - l - i m e r t il
\ ,i p e r f o rm t he
f u n c t i o ns lit Mi^iu-d (,. i i hd F i d a r ue M i n i s t er n n c l tr t i ie t u ks or i h e ^i a t u n d i ng o ' i l c r s;
" ( ) o 7 i * t t (> ' r n e n r is t he ( l a z e t ie of h id i n;
" i v N i i i - l H - r" J i . e m is a ' I .L „' ! •; uf ! ht " " ' ' ! • "- - I i >' M i u i s l e iv fli'd i r i c h n l es iuiy member to wJimn -,ueh Minister rnnv ui le^'nte yn.Y iimi'tiion deigned t< > him u u d 'r the . u ks oi these sJ finding orders;
"lH.lilie.'ili'.n'1 luefniM ;i r.otjrieatioii in t he (inzettp, " I'ri-liilunt'1 iru fins the 1'resnlent of t he ("'onstjtui'iit Assemljly of Indift ;u;d includes —
in) the Sneiiker elef'L-d under rule 'JA of the Conetiihicnt Ai-L uMy (Ije^inlative) Enles, n ni
[li) JI'IN ntlier p'fsou n h ni ',1'uidini' ovei tlie Assemble*; " r n h ' s" iripims ui'e Pomtitu' 'it ABM.mhly (Tjegislativi ) Itules;
"Hoorid.'iry" means the Secretary Ui t he AsRemhl\ and 'nelndi-^ any pe"soTi for t he time bemt; performing the duties of the Se^reuiry.
Wrrdu and expressions used m the Act and silno in these standing orders ehidl, unlesq the context otherwise n quires, h :m tlie Tnenjim^K aawip-ned to them in t he Act.
3. Summoning ot Assembly.—(]1 The Secretary fihui] iwsue a summons1 to ouch member specifying the date and place for a session uf the Assembly.
('2) The Assembly Khali sit on sueh davs as the President, having regard to the state of business of the Assembly, may from time to time direct.
4. LaBSe of pending notices on termination ol a session—On the termination of & session—
(1) all pending notices, other than notices of intention to move for leave to introduce a Bill," shall lapse, and fresh notice must be given for the next secs:on:
THK GAZETTE OF INDTA KXTE\OE1>1NAEY OCT 27, 1047. _ 1205P r o v ed t h . il i ^a n o n ce uM 1 ^ nn . s s nM of m t x n t u .n to m o ve l or leave i-o m l r o d n en BUY TJIIL n ji m cf oh vi]11. 1 L M - n t mn h i- been p r n n t . il u n d er t ho Aiet il t l ie ' i m i l i im h n -, f K i h cd to l ie o p o n t no
( • J) E l l is w h i ch h ue h - en i n t r o . h u . '. d c h i l li hi n um .1 m I to t he f u n d i ng l i st
of b u s i n e ss ni t he n e xt si_E"inn
P r o v i r l id i h n t il 1 In I IUJIIX v i i I 1 I MP ol a Bill m il - no m o t i on m r e p a id to t lu a mi d un i;; t o eriTnpUi M =, ions tin B i ll slinll l a p s e, unlcrifi t he A s s u n h l^ oi, a m o t i on ly t h at n i?mli"i in tin n< \t ' - r v nn m a l es a s p e c i al ordp i ii" ilii r o n t m u a n ee ol tli B i 'l
&. Omitted.
6. Tima of m e e t i n g .— A J r r l i n^ \ t he \ w i i bk shn.ll (subjecl to t ho F T o i i df d t li ii t ho V r ci d p i it u i ' "v mm r i r i > ""• lo I I m t- MI I1 P S IK h ^ an a ( T o ns
i r t h X ' l s t i; bdtrt-tbe daywith veferance towhichthe bai1^iahM
1206 THE GAZETTE OF INDIA EXTRAOEDINABY, OCT. 27, 1947.Provided thai the President may, from time to time, make such variations m the Raid procedure as he may consider necessary or convenient.
8. List of business.—(1) A list of business £or the day shall bo prepared by the Secretary, and " copy thereof shall be mode avadab'e for the use of every member
(2) Wave as otherwise, provided iu tb" rules or these standing ordeis, no business not included in liie list of business for the day shall be transacted at tiny meeting without the leave of the President
(H) Save us otherwise provided by the rules or standing orders, no business requiring notice shall be set down for a day earlier than the day alter that on which the period of the notice necessary fur that class of biihiiipMS, expires
(4) Unless the President other-wise directs, nut more than five resolutions ^in addition to any resolution which has been commenced on, mid is outstanding from, a previous day) shall lie Hot, down in the list of busings for any day allotted for the disposal of non-official resolutions.
9. Business outstanding at end of day.—Non-official business set down for Lhe day allotted for thai, clans ut business and not disposed of on that day nhall nnl be set down for any subsequent day, unless it has gained priority at the ballot held with reference in that day:
Provided that, notwithstanding anything contained in standing orders 7A and 7B, any such business which has commenced and remains part-discussed at the end of the day shtdl be net down for the next day allotted to business of that class, and shall have precedence over nil other business set down for that day
10. Time for questions.—The first hour of every meeting shall be available for the asking and answering of questions.
11. Giving of notice by members.—(1) Every notice required by the rules or standing orders shall be given in writing addressed to the Secretary, and tigned by the member giving notice, and shall be left at the Notice Office which shall be open for this purpose between the hours of 11 A.M. and 3 P.M. on •every day except Sunday or a public holiday.
(2) Notices left when the office is closed shall be treated as given on lhe next open day.
12. Giving of notice to members.—(1) The Secretary shall make every eftort io circulate to each member a copy of every notice or other paper which is, by these standing orders, required to be made available for the use of members.
(2) A notice or other paper shall be deemed to have been made available for the use of every member if a copy thereof is deposited in such manner and in such place as the President may, from time to t me, direct.
II—QUFSTIONS.
13. Notice of questions.—Unless the President with the consent of the Minister concerned otherwise directs, not less than ten clear days' notice of a question shall be given.
14. Matters to which questions must relate.—(1) A question addressed to a Minister must relate to the public affairs with which he is officially connected, or to a matter of administration for which he is responsible
(2) A question addressed to a non-official member must relate to some Bill, resolution or other matter connected with the business of the Assembly for which -that member is responsible.
THE GAZETTE OF INDIA EXTBAOBDINAEY, OCT. 27, 1947. 120T15. Form and contents ol questions.—la order that a question may be
admissible, it must satisfy the following conditions, namely:—
(1) It shall not bring in any name or statement not strictly necessary to niako
the question intelligible;
(2) if it contains a statement by the member himself, he shall make him-
self responsible for the accuracy of the statement;
(3) it shall not contain arguments, inferences, ironical expressions or defa-
matory statements;
(4) it shall not ask for fin expression of opinion or the solution of a hypo- thetical proposition;
^'5) it may not be aaked as to the character or conduct of any person except
in liis offioial or public capacity; and
(0) it shall not be of excessive length.
16. President to decide admisaibllity of questions The President shall decido whether a question is or is not admissible under these standing orders, and may disallow ariy question when in his opinion it is an abuse of the right of questioning or calculated to obstruct or prejudicially affect the procedure of Lhe Assembly, or is in contravention of these standing orders, and shall disallow any question if it infringes the rules as to the subject matter of questions.
17. List Ot questions.—Questions, which have not been disallowed, shall be enterod in the list of questions for the day, and shall be called, if the time made available for questions permits, in the order in which they stand in tho list before any other business is entered upon at the meeting,
18. Questions how put.—Questions shall bo put and answers given in such manner as the President may, in his discretion, determine.
19. Answers to withdrawn questions.-—If on a question being called it is not put or the member in whose name it stands is absent, the President, at the request of any member, may direct that the answer to it be given.
20. Prohibition of discussion on questions or answers.—No discussion shall be pormiLtiin 1,1 u'spt'i't of any question or of any answer given to a question.
Til •• iV.'.iTTHNS FOR ADJOURNMENT FOR PUItrOSES OF DEBATE.
21. Time of asking leave for motion for adjournment.—Leave to make n motion for an adjournment, of the business of the Assembly for tho purposo of" discussing a definite matter of urgent public importance must bo askod for after questions and boforo the list of business for the day is entered upon.
22. Method'of asking leave.—The member asking for leave must, bofore the commencement of tho s'ttmg of the day, leave with the Secretary a wr'tten statement of the matter proposed (o be discussed.
23. Procedure to be followed.—If the President is of opinion that the mutter proposed to be discussed is in order, he shall read the statement to the Assembly, and ask whether thn member has the leave of the Assembly to move the adjournment. If objection is taken, the President shall request those mem- bcrs who are in favour at leavo being granted to rise in their places, and if not less than twenty-five members riso accordingly, the President shall intimate that leave is granted and that the motion will be taken at 4 P.M., or, if the President after consultation with tho Leader of the House so directs, at any earlier hour at which the business of tho day may terminate. If less than twenty-fivo members rise, the President shall inform the member that he haa not the leave of the Assembly.
24. Limitation of time of discussion.—(1) On a motion to adjourn for the purpose of discussing a definite matter of urgent public importance, the only- question that mny be put shall be "That the Assembly do now adjourn";
1208 THE GAZETTE OF INDIA HXTllAOUDINAliY, OCT. 27, 1947.p r o v i d ed (.hat, il the. d e b u te :s nni c o n c l u d ed by (> P . M ., it shull u u t j m a d e a l ly t e r m i n a te a nd nu ipirsr.MMi snull IJC p u t.
i'J) No s p e e ch (.ii'riny t he d e b a te 'Until e x c e ed iilU'en )\iinut.'js in iinrn(ioii.
IV.—iJiJNKUAL BuLEM OF PuaCKDURE.
25. Omitted
26. Sealing oi memcors.—Tin members snuii .-u m such order us ihi." l'tvsi- deut mtiy appoint.
27. Members to rise when speaking.--A meTnher desiring Lo make any uh- bervutioiiK on HIIY D i a l l er before t he A,>sei:.bl\ s h a ll s p t uk I r um hiS plm.-e, s h a ll rise vviion hu bpenks, a nd slmll tiddn^H 1 lie P r e a i d e n l. At uriy I'JMM it t he P r e s i d e nt risud, a ny ineinliei- sjieal^.t:- phull rt'sunie h is riefii.
28. Explanations.—Whfii, iur Ihe puq)"ises of explunntian duriiip dinen,-;sii;n or ior any other sufficient retwou, a nj i;.eml.er bus or-t-asion to iisk ft question ui anothrv lueinlier 1 the coiisidf^. 1 ion of the Assj-mblv, he. shull ask the question through the President.
29. Limitations oa debate.— (1) The. mutter of every speech stmll be. strictly relevunl to the mutter liefoiv the Assembly.
('Jj A mnmlji'1' wliiie t)['eiiking .ihall not—
(i) refer to iiny uiatter of fact on vhiuh n. judicial decision is pending;
(ii) make a. personal ehuryv a^uiiiKt a inember;
[lit) make use ot offensive expressions regarding the uuii
Duminion or uny Provincial Legislature;
\iv) reflect upon the cuTiduct of His Majesty the King or tin- I'iovorncr- (Jeneru.1 or any Governor (as distinct from the Governments of which they are respectively the bonds) or any Court of Law in the oxercifle of its jurliciul functions;
(u) utter treasonable, seditious, or defamatory words; or (of) use hie right of speech for the purpose of wilfully and perwistently obstructing the business of the Assembly.
30. Motions.—-(1) A mutter requiring the decision of the Assembly shull be brought forward by means of a question put by the President on o motion pro- posed by a inember.
(2) Votes inuy be taken by voices or division, and shull be taken by division if "ny member 'so desires. The President shall determine the method 'if taking votes by division.
(3) The result o£ a division shall be announced by the President imd shall not be challenged.
31. Repetition of motions.—-A motion must not raise a quest on substan- tially identical with one on which the Assembly has given a decision in the same session:
Provided that nothing in this Standing Order shall, unless the President in s o/ case otherwise directs, be deemed to prevent the making of any of the following motions, namely: —
(a) a motion for the 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 re-circulated for the purpose of eliciting opinions thereon;
TITW <1\.'/KTTK OF LypiA EXritAOHDINAlii.', OCT. 27, 1947. H09(6) any motion lor the amend'utnt of a Bill which h.n b en i , i. j JIJJ m il In i Si L et I ' l j d nn U L I .1, ui rt. e r e u L i t ed l ot I h ti p u i j ^l V of L I U I I J I I^ O p i l i l O l lS t i l L J L O I l,
Uj l u n/ m o L l ou i ur t l i^ t i U J i . t i d i n o i lt ol a i l i ll m u ck t i i tu t r ie ] - l l .m ot t h t- ! B i ll l iy U IL < i n v e n t or ( i e n W 'd f or t f - o o t i M d e r u L i o ii l .\ l iw \ i ' \<\t ,
[d) any m o t i on toi tJi i r t ' i ' i n i m e nt oJ a. Bdl w h i ch IH c o n s e q u e n t i al o n, oi: ( I L S I ^ I II d n i L ii ly to n l t i 'r tht_j d i . i i t ng o r, a n o l l i t -L ' im - . m l i i U ' i ii \\ ]i i. li h is l it i ii c u r r i e d,
(i ) a ny i i i i i t m ii v>hi< li h is l ij l ie oi nw\ be l i m i t .' \ w l h in a p ei i od d el i i i n .HI d b\ oi U I K I LI t i le l i l i es MI ^ t r i i i d mg o i d c r s>
3 2. O r d er ol s p e e c h ea a nd r i g ht ol r e p l y . — ( I) A f i cr t h^ nicnibi.1 w ho mm is h as ypoki n o l in mi niniTs i n i\ spijnk to tb.ij m o t i on m nuch o r d er us t he I ' H M I- d e nt riidv (id! upmi tliLin It . my inLinlirr w ho IB HO etilled upon d j es Jiot h p r a l ', li -.'i.iil ~i jt ln ( i tu il, L i [i IJV iluj p e r m i s s i on ol t h 'j i'ji a^L nl To s p e ak t"o tlic m o t i on at any Intel attige of t he d e b a te
(8) A DieTiil tr who Jus IUUVLII a moi ,un jnn\ speLdv I'yirin by way c leply, and i' the motion ib moved by a non-official memljtr, the Miri'Sjtcr concerned may, with the permission of the President, wpeak (whethei he bus previouslv spoken in the debate oi not) utter the mover has replied
Provided that nothing in this sub order shall be deemed to give any right ol it:ply to the mover ol a motion to reduce anj demand "for grant or to the mover of an amendment to a Bill or u resolution, save with the permission ot the President.
(4) Tho President may m all rases address the Assembly before putting a question to the vote.
38. Rules as to amendments.—(1) An aniendment must be relevant to, and witbii' the scope of, the motion to which it is j^roposed.
1^2) An amendment may nut be mo-vet] which hay merely the effeut ot n, negative vote.
(3) An amendment on a question must not be inconsistent with a previous decision on the same question given at the same stage of any Bill or other matter.
(4) (d, The President may refuse to put an amendment which is in his opinion frivolous
(h) In respect of any motion, or in rtapeet of any Bi'l, the President shall have power to select the new clauses or amendments to be proposed, and may, it he thinks fit, call upon any member who has given notice of an amendment to give such explanation of the object of the amendment :IR may enable him to form a judgment upon it.
34 Closure.—(1) At any time after a motion haB been made, any member may move "That the question be now put", and, unless it appears 1o the President tbtrt the motion is an abuse of the rules or these standing orders, or dn infringement of the right of reasonable debate the President shall then put the motion "That the question be now put."
1210 THE GAZETTE OF INDIA EXTBAOBDINAEY, OCT. 27, 1947.[2) At any time alter a motion has been made in respect of a Bill uromoted by a Minister, the Mniister may request the President to put the- question, and, unless it appears to the President that the request is an abuse of the rules or these standing orders, or an infringement of the right of u, reauotiable debate, the President shall then put the question.
(0) Where a motion is made under sub-order (1), or a request in made under sub-order (2), the motion, and, if it is carried, the question, or, as the case may be, the question, shall be put without amendment or debate:
Provided that the President may allow any member any right of reply which ho may have under these standing orders.
36. Strangers.—The admission to tho Assembly Chamber of-—
(1) visitors to the Visitors' gallery,
(2) representatives of the Press to the Press gallery, and (8) officials to the Official gallery,
during the sittings of the Assembly shall be regulated in accordance with orders made by tho President.
S6. Power to order withdrawal of strangera.—The President, whenever he thinks fit, may order the Visitors' or Press gallery to be cleared.
V.—INTRODUCTION OF BILLS 37. Motion lor leave to introduce.—If a motion for leave to introduces a Bill is> opposed, the President, after permitting, if he thinks fit, a brief explanatory statement from the member who moves and from tho member who opposes the motion, may without further debate put the question,
VT.—MOTIONS A FT EH INTRODUCTION.
38. Motions altar introduction.—When n, Bill is introduced, or on some subsequent occasion, the member in charge miry make ono of the following motions in regard to his Bill, namely:—
("i) that it be taken into consideration by the Assembly either :'t onco or at some future day to be then specified; or (b) that it bo roferred to a Seloct Committee; or
(c) that it be circulated for tho purpose of eliciting opinion On'i-^oii.
Provided that no such motion shall be made until after copies of Ihe Bill have been made availnblo for the use of members, and that any momber may object to any such motion being made unless copies of tho Bill have been so made available for three days, boforo the day on which the motion is mado, and such objection shall prevail, unless the President in his discretion allows the motion to be made.
39. Discussion ol principle of Bills (1) On the day on which any such motion is mado, or on any subsequent day to which the discussion thereof is post- poned, the principle) of the Bill and its general provisions may be discussed, but I ho details of the Bill must not be discussed further than is necessary to explain its principles.
(2) At this stage no amendments to the Bill may bo moved, but—
(a) if the member in charge moves that his Bill be taken into considera- tion, any member may move as on amendment that the Bill be referred to a Select Committee, or bo circulated for the purpose of oliciting opinion thereon by a date to be specified in the motion, or (f>) if the member in charge moves that his Bill be referred to a Select Committee, any member may move as an amendment that the Bill be circulated for the purpose of eliciting opinion thereon by a date to be specified in the motion.
THE GAZETTE OF INDIA EXTRAORDINARY, OCT. 27, 1947. 1211(8) Where a motion that a Bill be circulated for the purpose of eliciting opinion thereon is curried, and the Bill is circulated in accordance with that direction and opinions are received thereon, the member in charge, if he wishes to proceed with his Bill thereafter, must move that the Bill be referred to a Select Committee, unless the President in hie discretion allows a motion to be made that the Bill be taken into consideration.
VTI—HLLFOT COMMITIUI'.S.
40. Composition of Select Committees—(1) The Mmistei concerned with the Bill, the member who introduced the Bill and the Minister of Law shall be membors of every Select Committee, and it shall not be necessary to in- clude their names in any motion for appointment of such a Committee.
(2) The other members of ihe romrmltee shull be appointed by the Assembly when a motion that the Hill be referred to a Select Committee is made, or a motion is made by way of amendment under clause (a) of sub-order (2) of Standing Order 89.
(8) (oi) The Minister of Law shall be Chairman of the Committee.
(b) If the Chairman of the Committee be absent from any meeting, the Committee shall choose another member to net as Chairman for that meeting.
(c) In the case of an equal it \ ot voles, the question shall be decided in the negative,
(4) A Select Committee ma\ hear expert evidence and representative of special interests affected by the measure before them
40A. Quorum of Select Committee- (1 > V the tmn. nf the appointment b\ the Assembly of the members of a Select Committee the mmibcr of members whose presenoe shall lie necessary to constitute ,i meeting of the Committee shall be fixed by the Assembly.
(2) If at the time fixed for an meeting of the Keleet Committee, or if at uny time during any such meeting ihe quoinm nf members fixed by the As- sembly is not present the Chairman of the Commit lee shall either suspend th" meeting until a quorum is pre
(8) "Where tho Select Committee has been nd|ourned in pursuance of sub- order (2) on two successive dates fix^d for meei'ngs of the Committee, the Ghai?- man shall report tho fact fo tho Assembly.
41. ReportB by Select Committee. -({) After publication in the Gazette of Bill, as required by the rules the Seled Committee to which the Hill has be • referred shall make a report thereon.
(2) Such report shall be made not -onner fhan three months from the rlwJ of the first publication of tho Bill in the fl-azetle, unless the Assembly orders tjie report to be made sooner:
Provided that the time-limit referred to in this sub-order shall not apply in the case of Bills imposing taxation.
(8) Reports may be either preliminary or final.
(4) The Soleot Committee shall in Iheir report state whether the publication of the Bill directed by the rule^. has taken place, and the date on which the publication has taken place.
(5) Where a Bill has been altered ihe Select Committee may, if thev think fit. include in their Report n recommendation lo the Member in charge of the Bill that his next motion should be ;i motion fur circulation or where the Rill has already been circulated, for re-Hren]ation.
i212 THU GAZETTE OL-' INDIA EXTBAOUDINABY, OCT. 27, 1947.(0) IJ anj member ot ti Select ComuutUe dtit.11 us to record u, minute ol dissent on aiy point, lie iniiBt "ign the lepoit stating thtit lie docs BO subject to his luiiiuti ot dissent, find must at the same time hand m bin minute.
42. Presentation of report (1) Ihu repoit of the Select Committee on a Bill shall be piesented to the Assembly bv the member m charge ol the Bill.
(2) Tn presenting u report ihe member in charge shall, il ho makes any re- in,irks, Minimi hin,s"H to a briet statement ot tact, but there ah till be no debate at this stage.
43. Printing and publication of reports.- (1) The Secretary shall cause every report of a Selee-t Committee in \u_ printed, and a copy of the report shall bo made available fot the use ol evciv member ol the Assembly. The report, with the amended Bill, bhiill be published in the (lazette.
(2) It uuv member in i.nmij.|iminted with English ihe Secretary shall also", il requested, caiihe th rejioiL in \n- tmnulntod for his use into such. Indian language us the President may direct.
44. Procedure alter presentation of report—- (1) Alter the presentation of the finul report ot a Helert Committet1 mi H Bill, the member in charge may move—
VIII—CONSIDERATION, AMENDMENT AND PASSINT, OF BILLS.
THE GAZETTE OF INDIA EXTKAOBDINAlitf, OCT. 27, 1U47. 12l347. Order of amendments.—Amendments shall ordinarily be considered in I lii_- order ui the clauses oi the LSjll to \v Inch thi^\ r e-t^n c( ivi l,y telnt,e; and n inspect oi anj sue'h clause a motion shall be defined to Lave been made " T h at lIns clause stand part of tLo Bill."
48. Submission of Bills clause by clause.—Notwithstanding anything m ihese standing orders, it shall bo in the; discretion ot the President, wJien a nujtion thai ti Ihll be taken into consideration has boon earned, to submit the JlilJ, or any paid ol the Bill, to (he Assembly clause h} clause. When this pioceduie is aoopied, the 1'reHidonl shall call enuh clause h".ji^irntoly, mid, when the am end - uienta relating to it have been dealt with, rfiail put the ejuebtioii " T h at thia ulnnso (or, a" Uie cane may be, that thia u'ause tis a/neiRkd) htiirid part ot the Bill".
49. Passing of Bills.—(1) Whan a motion that a Bill be taken inlo considera- tion has been carried and no amendment of I he Bill is made, the member in ( hargu may at once move that the .Bill be passed.
(2) If any ainendmint of tho Bill is mnde, an\ inoinber may object to any motion being made, on tho same day, that the J5ill he passed, mid such objection Khali prevail, unless the President, in his dissolution, allows the. molion to be made.
(3) Where tho obj( ctiou prevails, a molion ihut the Hill lie passed may be biought forward on auy futnru day.
(i) To such a, motion no amendment may i e moved which is1 not either Jormal or r-oiibeyuential upon an amendment maile fitter ihe liill vitis laken into cini^ideiation.
bO. Witlidrawal of Bills.— Tlio member who has iutioduced a Bill may at un\ sint;u ot ihc Kill move for letue to uithdiaw thL Bill; and if such leave is ! i an red, no iui'ther motion may be made with i'i.fercnee to the fJill
51. Authentication ol Bills,—When a Bill u> paatu d by the Asbembl.y, a copy UiMeoi shall be signed by tho President.
62. Omitted.
53. Reconsideration by the Assembly of Bills Dassed.—When a Bdl which I X . ^ E E S O L U T I O N S.
o i l' di.fi n il fl in"iir>; t n id
1H14 THE GAZETTE OF INDIA &XTBA0RD1HAI4Y, OCT. 27, 1947.[h) it shall not contain arguments, inferences, ironical expressions or defamatory statements, nor shall it reter to the conduct or character ot persona except in thoir official or public capacity.
60. AdmiflSiDUity of resolutions.—iht> President shall decide on the admissi- bility ot a resolution, and may disallow any resolution when in his opinion it does not comply with these standing orders, and shall disallow any resolution it it infringes the rules as to the subject-matter ot resolutions.
61. Motion ana wunuxawal of resolutions.—(1) A member in whose name u resolution stands on the list of business shall, when called on, either—
(a) withdraw the resolution m which ease he shall coniine himself to a mere statement to that effect; or
(h) move the resolution, in which case he shall commence his speech by a formal motion in the terms appearing on the list of business: Provided that the member may, with the permission of the President, autho- rise any other member, in whose name the same resolution stands lower in the list of business, to move it on his bohail, and the member so authorised may move accordingly.
(2) I£ the member when called on is absent, any other member authorised by him in writing in this behalf may, with the permission of the President, move the resolution standing in his name. But if no member has been so authorised or such permission is not granted, the resolution shall be deemed to have been withdrawn.
02. Duration ot Speeches.—No speech on a resolution, except with the per- mission of the President, shall exceed fifteen minutes in duration:
Provided that the mover of a resolution, when moving the same and the Minister concerned when speaking for the first time, may speak for thirty minutes or for suoh longer tune as the President may permit.
63. Limits of discussion.—The discussion of a resolution shall be strictly limited to the subject of the resolution.
84. Amendments.—After a resolution has been moved, any member may, subject to the rules and standing orders relating to resolutions, move an amend- ment to the resolution.
65. Notice of Amendments.—(1) jf notice of such amendment has not been given two clear days before the day on which the resolution is moved, any member may object to the moving of the amendment, and such objection shall prevail, unless the President, in his discretion, allows the amendment to be moved.
(2) The Secretary shall, if time permits, cause every amendment to be printed and a copy thereof to be made available for the uso of every member.
60. Withdrawal ol resolutions,—(1) A member who has moved> a resolution or an amendment to a resolution shall not withdraw the same, except by leave of the Assembly.
(2) No discussion shall be permitted on a motion for leave to withdraw, except with the permission of the President.
67. Order of Amendments.—(1) "When an amendment to any resolution is moved, or when two or more such amendments are moved, the President shall, before taking the sense of the Assembly thereon, stato or read to the Assembly th(- ttrms of the original motion and of the amendment or amendments proposed.
(2) It shall be in the discretion of the President to put first to the vote either the original motion or any of the amendments which may have been brought forward.
68. Division Of resolution.—When any resolution involving several points has been discussed, it shall be in the discretion of the President to divide the resolu- tion, and put each or any point lepurntely to the vote as he may think fit.
THE GAZETTE OF INDIA EXTKAOUDlNAUY, OCT.^7, 1647. I2ifi69. Beflolutjoim not discussed.—It a resolution whieh has been admitted is Dot discussed, during ttie Bession, it snail DO deemed to have been withdrawn.
70. ICilect ol motion and wiUKUawal.—(i; When a resolution has been moved, no resolution or amendment raising substantially the same question anali De moved wiinin une year Horn utio a.ILL yi uio movjig o± tile earlier resolution.
(1J) When a resolution has been withdrawn with the leave of the Assembly, no resolution raising substantially uie same question shall be moved during the name session.
A—1U.L JjllDOli'l .
71. Budget not to be diacuastid on presentation.—There shall be no discus- sion of the .Budget on the day on which it w presented to the Assembly,
72. Notice of motions.—Ii notice ol a motion to omit or reduce auy grant has not been given two clear days beloro the day on which the domand is under consideration any member may object to the moving of the motion, and such objection shall prevail, unless the President in nis discretion allows the motion to be made.
78. Omitted.
XI—COMMUNICATIONS BETWEEN GovERKOit-GiiNEiiAL AND THi, ASSEMBLY AND BEPOItT OF ^UOOKEDINQH o l' THE ASHKMBL,ir.
74. Communications to the Governor-General.—Communications from the Assembly to the Governor-Goneral shall be made-—
(1) by formal address; uiter motion mude and carried in the Assembly; and (2) through the President. 74A. Communications from the (Jovarnor-G-eneial.—Communications from the Governor-General to the Assembly are made by written message through the President.
75. Report of Proceedings.—1 he fcjeciutary shall cause to be prepared u full report of the proceedings of the Assembly .it each ot its meetings, and shall as soon as practicable, publish it in such form and manner as the President may, from time to tune duvect.
78. Omitted.
XII—PETITIONS RELATING TO B I L L S.
77. Petitions relating to pending Bills.—Petitions relating to a Bill which has been published undor rule 18, or which has been introduced or in rospect of which notice of a motion has been received under the standing orders, may be presented or submitted in accordance with the standing orders.'
78. Presentation of petitions.—Any such petition may be presented by a member, or be forwarded to the Secretary, in which latter case the fact shall be reported by him to the Assembly, and no debate shall be pormitted on the mak- ing of such report.
79. Form of presentation.—A member presenting a petition shall confin* himself to a statement in the following form:—•
"1 present a petition signed by—•—— • — — — • —— ••• —— petitioners regarding—
— • Bill", and no debate Bhall be permitted on this statement.
80. nomination of Committee on petitions,—(1) A committee on petitions shall be constituted, as soon as may be, after the commencement of each session, and shall consist of five mernbern nominated by the President of whom two shall be Chairmen of the Assembly. The person whose name appears first in the panel of such Chairmen shall be Chairmen of the Committee, and, in the absence of such person, the other Chairman of tho Assembly shall preside.
(2) The President may, if he thinks fit, fill up any vacancies occurring on the Committee during the session.
1216 THE GAZETTE OF INDIA EXTKAOBDiNARY, OUT. 27, 1947.81. Reference to Committee.— Lwiy petition alter presentation by a member or repoit b,v the Weeietaiy, as tin- ease may be,, ahull be ruieired to the (Jorninitteu,
H'Z. ^xamintiUOn and repon by L.oimnittee.—rJ he Committee shall examine every petition releired to it, mid shall report to the Assembly staling the sub- ject-matte) oi the petition, Iho numbci O1 persona by whom it m signed, and whether it in m oujitoiimtj WJUI ihe htundmg Uidura. It the petition complies with the tituudmg Orders, the Cummittee may, m its discretion, direct that it bn L'iii'iiiiiw_
83. Oounteraignalure oi yeuiuoiu. -J \ aj i^taiou HhalL—
(ij ii presontud by a ineiul)er, bo coanterbigned by him; and
(u) be oouchud in rehpecttul find temperate language.
•84. Authentication ol signatories to petitions.—The lull numo and address of BTery signatory to a petition shall be set out therein >md ensill be authenticated by the (signatory, it literutu hy hiy Migaature an>] it llhterale by his thumb impres- sion.
86. Petitions to whom to be addressed and how to be concluded.—Every petition shall be, addressed to the, Constituent Assembly of India and shall con- clude with ii piit^ei re< tiii" Uie 'I ln\ le obiect o1 the petitioners m regard to the Hill i.o which H relates.
86. General form of petitions.—rlhe genual lorm of petitions sot out in Schedule IJ, with -uH-h Mir in limn, tib tlie urcuiustutut>H ot etfe'h case require, may be used tind, if used, shall be sufficient.
SCHEDULE 1. [Sec standing Onhrs 7A. (1) and 7B.J
Ballot procedure for deterrummg relative precedwice of non-official Bills and Eesolutions—
1. Not lesH than sevenieon d;r>s belore ench day allotted for the disposal of non-official business, the Secretary will rtui^o to be placed in the Assembly Office a numbered Jibl. This JiRt will lu kept open for two days, and during those days and at hours when the olhue in open, any member who wishes to give or Luis given notice of a resolution, or has given notice of a (Bill, as the case may be, may have Jus name entered, m the < ase of a ballot for resolutions, againsi one number only, oi, in the ea^p nt ti b.i'lnt for Bills, irRtiinst one number for each Bill of which ho has given notice up to the number of three.
'2. The ballot will be held in the Committee room before the Secretary, and any member who wishes to attend may do so
3. Papers with numbers corresponding \o those against which entries have , been made on the numbered list will bo placed in a box.
4. A clerk will take out at hazard from the Box uue ot the papora and the Sicretun will call out fiom tlu IIHI tlie forii'sponrling name, which will then be entered on a priority list Thm proeedura will be carried out till all the numbers or, in the case oE u balloi for resolutions, five nuiril)crB have been drawn.
5. Priority on the list will entitle the member lo have set down, in tho order of his priority for the dny with reteienco to which the ballot is held any Bill or any resolution, as the case may be, of which he haft given the notice required by the rules or standing orders:
Provided that he nhnll then mid there specifv Mich Bill or Bills or such resolution.
THE GAZETTE OF INDIA EXTHA0IOHNAHY, OCT. 27, 1947. 1217SCHEDULE II.
FOEM OF PETITION.
(Sen Standing Order 86.)
To THE CONSTITUENT ASSEMBLY OF INDIA
WHEREAS a Bill entitled a Bill
(Here inner* title of Bill)
is now under tho consideration of the Donuuion Le#i nature f'lie bumble petition of
(Here insert name and designation or dnHorii tion of petitioner or petitioners in concise form e.g., "Ram Lai and othern" or "the inhabitant of " or "the municipality of "etc.)
sheweth
(Here insert oonoise statement of case)
and accordingly your petitioner (or petitioners), pray that
(Here insert "that the Bill bo or be not proceeded with," or "that upoeial provision be made in the Bill to meet the cnse of your nefcitionur" or nny other appropriate prayer regarding the Bill)
and your petitioner (B) US in duty bound will ever pray.
Name of petitioner Address Signature or thumb impression.
Countorsignature of Member presenting.
By order of the President,
M. N. KAUL,
Secretary.
PUBLISHED BY IIU, MANAC;KH OK PTTBLILATKINH, DH'LIU, INDIA. PRINTED BV THE MANAOEH, GOVEENMENI1 OF INDIA PKKSS, N"HW DBLWI, INDIA.
- A-. "\ Am h T t. t he siiTue U O W L I 'H ;IR t he l ' r .> d i ' i( w h en so ↩
- rl of tho Hnv einmeiM o+ Tnd i tor the next following fmaiiCial jear aid inch des a Bill to civ 3 effect to supplementary financial piono&als for any period (2) At anji ti±iie a tei the m'icducti"j"i ui th° Absernl i~) of a Finance Bi 1, the Preside it may allot i da~y or CLJAQ |O n 1\ oi te'erallv for the cor°p etion of all ci any of Jlie stiges iiAolTt_d ni thp nas'-ige of the Bill h\ the Assemb'y, allotted dTv or as tiie ease miv be he ' ist (f the illotted divs foi'lrvwth put ev^r Question necessary to ais-josp it .ill t'np outstanding nutters in connec- ticn with the stage or stages for -nLirh thp dw or d-us he\e been »allctied Piovided that ii a Mnn^te * his a light of ie| ]y to the .debate on the motion "nhich s under cuscussion at -1 r> m on h it dav and has not commenced his reply at that hour the Piesident sh t'l mqure how much time not exceeding oi c hour he lequires foi his lepV and shall coll upon any member for the time be ng addressing the Assernblv to re-aim p his =eat at such time as will lea\e a-vi 'able before 5 o oVck the amount of ' ^p which thf Minister hag stated that he requires fo" h s reph f3) Y\ here the questio T or one of the quest one required by sub rule (2) to be put ut 5 o'clock on the illotted rk\ or the ]a«t of the allotted days is that th* B 11 be passed, sub-i ale (2) shall ha\e effect notwithstanding that amend- mi ntc of the Bill have been made (4) Sub|Pct to the p oviso to subfile (2) the President mav if he thinks fit, prescribe a time limit for speeches at all or any of the stages for which a day tr days nave been illotted under that sub-rulp (V) Notwithstanding that a dav has been allotted for other business under this rvle or under rule 46 or 47 a motion or motions for leave to mtr6duce a Bill or BiPs may be made and a Bill or Bills mav be mJ reduced on such day before thp Assembly enters on tht business for which the d iv has been allotted. 21. Omitted 22. Omitted 83. Restrictions on sabjects tot discussion.—(1) Evfrv resolution shall be in the form of a declaration of opinion b , the Assembh ↩
- ii^matp ^hat l e ne is giantcd and th t hp morion m il h* taken tm +he u'eniln ~" that he has noi t c '"-.HP OT thp V^^e'iibly 240. Resignation of Ministers.—(1> i m e u k^ v l .o lias it«igied the office ol ' In rfer may, -with the consent of the P i es di 1,+ , n i Ae i peisonal s t a t e m e nt m f> p^mation o* L13 le^i^nation. (2) Such statement sn.. ' be made i^te riuestions ctn↩
- " m o a i i f, li l n e i ul er if t he V s s r r i i l i l y; I.—SFiPRTONfl OF THE ASSEMBLY, ARRANGEMENT OF [BUSINESS AND GIVINO OF NO'IICEH. ↩
- L'reaide Tit) ' ' l i i r iy c i p n n e n c i at 11 \M 7. A r o w e - n i nt o? G o v e r n m e nt b u s , n ( S 3 . — . On dm, ill itt> d foi tli t m n s n e- liion + f i ov mm ' it l- i icc n f " is \ h"- - W w l mv qh i ll i f i i ir> t l i a, h u h im "- in finch o r d er i^ t ho 1 'n q id nt H UT i l i t e r m i ni r' \. P o c r ' - i "- IT ' >'t ^ "t ^ ' (5. ') Tli i ] t \ i- n i I i i " of n o t i c es of Hill=i p i \ i ^ ti hv n o il IITILM il n i r m h er s l m ll 1 d f ' t w in rn n h\ 1 d l nl in \i li Id m i i c c o r ( l ' i n fj - w i th th T' " " P ' l u ii s t o ( i i S. IK h i lc I on u ch (1»T 'i t l u M ng Ier-.s i h ai f i f t p ^nrtt vs h p f o rs t he rlfn n illi nl I F T I CI to A \ I I I !I t hi l u i l li is h r ld as H i ' Tn H i d e ni n i ^v d i r r - et in tl s n<] i i c o d i i ri r^ In n av c o r s iJ - rrLl f^cu\ ' l' c n u n i ' i il ('2} On a d ay a l l o t t ed f or ( hr d F,y>r s id o |- n u ll nfTici il J ' i l \, T-iillq w h uh h a ve a l i e a iH ori-i n t r . i ' i i fi ' 1T>T n un ol i i - ml n u m l n ' is L' m ll h r i I ' n nh f , \ it a ll o t hi r l i n s ru =,^ p r j v n i rd t h at mv ni t ie r n i i i i r e il 1 v ih l I ' I -^ m M n n d n if T ' l e iv h ns I j ' i en p i v r n, a nd M i di H i l ls s l i n ll h i ni r I t i t i vi ii • d> i wo in t hi f i l l n w i ng order, ntimelv— (n) Billfi i-oturncd bv tbo G-oveinor-fl-piWal with n messiifre under section 32 of I ho Act, (b) B I I IM i i i t t o d ne d :n tl i A s ^ o m t ik in n , p ' it <[ u l iu Ii i m M i r ai h ag b o on c n . r r p . il i h nt t l it B i ll be t n ^ en i n to c o n s u li iei ti i-i () B Ik m l r n d n ci 1 in ( hi » l wn b l\ in i m i f it of v h i eh ( ho T - i i p o it of a H n l o cl ( ' o i i n t u t ti i" h is in en p r o s t n l i d, (d) Bills which have been circnhited for the purpose of eliciting opinions; and \e) Other BIIIR (.i) T h- rchihve pr«t edem <> r,t Bill ndbiiq unde tin sa.nL d i ms of sub nr.Ur (2) sluill be determined bv btillol to be h dd at such time and in huoh n m r i L) as the President i nn d u c ct Provided t h at Bills ftillmft under clause (i) whidi remum over froin t he pre- cedinr; sesHion flhall, hubieet to t he pioviqions of s'lb order (2) of s t a n d n i" ordflr 4 Iiuve p u o i i ty oVi r other mieh Bills m t he order of t he date of their mtro duption 7B. Precedence of resolutions.—The relafne precedence ol notices of rt*o Juhonp Riven by non ofnOTa] rnemberR shall bo determined by ballot to bo held in aceordance with tho procedure sat out, m Schedule T on such day, not being ↩
- , bv tlie lull's oi ttiLBu b t a n d i n^ o i d e i s, no m e m b e rb sliull wpeuk m o ic t h an o n ce to s nv m o t i i vi i m ' i - i i i l, w i t li * '" } . ' i t i i s Hh n : f t h i- ]Jr ' _ ' s i < l ( _ p t, l or t ' i' ]> i r ^ i f M" ' it making n personal IX]J!U iaho' , but m Ihai case no dtliatublo m u t t er luav In brought forward ↩
- days, and such objection shall prevail, unless the President, in IUK discretion, nllows the report to be taken into consideration; or (b) tbat (he Bill as reported by the Select Committee be re-committed either— (i) without limitation, or (/(') with respoct to ptirtir-nliur clauses nr amendrnentfi only, or (lii) with instructionH to the Select Committee to make Rome particular or an additional provision in the Hill; or ((.') that the Hill as reported by the Select Committee be circulated or re- circulated as the ense mov be, lor the purpose of obtaining opinion or further opinion thereon. (2) 11 the member m charge movt s that Ihe Bill be taken into consideration, any member may move as an amendment that the Bill be ro-committed or be circulated or re-cireulatpd for the purpose of obtaining opinion or further opinion thereon. 45. Proposal ol amendments. - When a motion that, H Bill be taken into consideration has been carried, any member tnnv propose an amendment of the Bill. 46. Notice of amendments.—(1) If notice of n proposed amendment haw n6t been given two clear days before the day on which the Bill is to be considered, J I^ mi mbiT mav object to the moving of the amendment, and such objection shall prevail IUIIOKS the President, in his discretion, allows the amendment to be moved. (2) Thp Secretary shall, it time permits, cause every notice of a proposed amendment to hi printed nnd a copv thereof to be made available for the use of every mi mber. (3) H am member pi esent is unacquainted with English, ihe Secretary shall also, if requested, cause every such notice to be translated for his use into such Indian language as the President may direct. ↩
- L'rebident may consider most convenient tor their consideration by the A-.HI mbly. 54—57. Omitted. 08.—Notice of resolutions.—A member who wishew to move a resolution shall ^i\e fifteen eloar days' notice of his intention and shall, topelher with the notice, submit a copy of the resolution which he wishes 1o move- Pri vided that Ihe President, \vit>i the consent of ihe \Fiuistpr concerned, nni\ allow it to be entered on the list of buHUiess with f,linrler nolice than fifteen days. 39. Form and contents of resolutions.—Subject to the res-friction contained in the rules and to the provibions of those standing orders, any member may n.o\ t resolution relating to a matter of general pnhhe interest. 1' nvided that no resolution shall be admissible which does not comply wit] th- I- >'!f)\wng cunditions, jiarnely:— 7(0 it shnll IIH elepj'ly and precisely expressed and shall raise substantially ↩