REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 84] NEW DELHI, WEDNESDAY, JULY 1, 1964/ASADHA 10, 1886
Separate paging is given to this Part in order that it may be filed
as a separate compilation
RAJYA SABHA SECRETARIAT
NOTIFICATION
New Delhi, the 1st July 1964
No. RS. 13/1/63-L(1).—The Rules for regulating the procedure and conduct of business in the Council of States (Rajya Sabha) as adopted by the Rajya Sabha at its sitting held on the 2nd June, 1964 under clause (1) of article 118 of the Constitution, are hereby published for general information:—
RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES (RAJYA SABHA)
CHAPTER I—Short Title and Definitions
1. Short title and commencement.—(1) These rules may be called "The Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha)".
(2) These rules shall come into force on such date as the Chairman may appoint.
2. Definitions.—In these rules, unless the context otherwise requires,—
"Bulletin" means the Bulletin of the Council of States (Rajya Sabha) con- taining (a) a brief record of the proceedings of the Council at each of its sittings; (b) information on any matter relating to or connected with the business of the Council or other matter which in the opinion of the Chairman may be included therein; and (c) information regard- ing Committees of the Council or Joint Committees of the two Houses;
"Chairman" or "Chairman of the Council" means the Chairman of the Council of States (Rajya Sabha);
"Constitution" means the Constitution of India;
"Council" means the Council of States (Rajya Sabha);
"Finance Minister" includes any Minister;
"Gazette" means the Gazette of India;
"House" means the House of the People (Lok Sabha);
(1171)
H72 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SF.C. 1]"Houses" means the Council of States (Rajya Sabha) and the House of the People (Lok Sabha);
"Lobby" means the covered corridor immediately adjoining the Chamber and coterminus with it;
"Member" means a member of the Council of States (Rajya Sabha);
"Member in charge of the Bill" means In the case of a Government Bill any Minister and in any other case the member who has introduced the Bill;
"Minister" means a member of the Council of Ministers, a Minister of State, a Deputy Minister, or a Parliamentary Secretary;
"Precints of the Council" means and includes the Chamber, the lobbies, the galleries and such other places as the Chairman may from time to time specify;
"Private Member" means a member other than a Minister;
"Secretary" means the Secretary to the Council and includes any person for the time being performing the duties of the Secretary;
"Table" means the Table-of the Council of States (Rajya Sabha);
Words and expressions used In the Constitution and also in these rules shall, unless the context otherwise requires, have the meanings assigned to them in the Constitution.
CHAPTER II-—Summons to Members, Seating, Oath or affirmation and Roll nf Members
3. Summons to Members.—(1) The Secretary shall issue a summons to each Member specifying the date and place for a session of the Council.
(2) When a session is called at short notice or emergently, an announcement of the date and place of the session may be made in the press and members inform- ed by telegram or otherwise.
4. Seating of Members.—The members shall sit in such order as the Chairman may determine.
5. Oath or affirmation.—A member who has not already made and subscribed an oath or affirmation in pursuance of article 99 of the Constitution may do so at the commencement of a sitting of the Council, or at such other time of the sitting as the Chairman may direct.
6. Roll of Members.—There shall be a Roll of Members of the Council which shall be signed by every member, before taking his seat, in the presence of the Secretary.
CHAPTER III— Election of Deputy Chairman and Panel of Vice-Chairmen
7. Election of Deputy Chairman by the Council.—(1) The election of a Deputy Chairman shall be held on such date as the Chairman 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 Chairman of the Council, 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 Deputy Chairman if elected:
Provided that a member shall not propose or second more than one motion.
(3) A member in whose name a motion stands in the list of business may when called, move the motion or withdraw the motion, in which case he shall confine himself to a mere statement to that effect.
(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
[PACT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY U 73division. If anv 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 Chairman of the Council.
8. Panel of Vlce-Chainnen^d) The Chairman shall, from time to time, nomi- nate from amongst the members of the Council a panel of not more than four Yce-Chairmen, a ny ,o ne °f whom may preside over the Council in the absence The, Chairman and the Deputy Chairman when so requested by the Chairman, or in his absence, by the Deputy Chairman.
. e ^ a ^ o f Y S ' g S ^ T S i l1 """""> "> sh"n h°*" °"" ""a •
CHAPTER IV—Sittings of the Council
hour a ^ t h T c h a iS Sa?^^81**11188 °f the Councjl *a l1c™ence at such
as J h e S f ^ i i S r3 1^ °f t he Council sha11 delude at such hour
CHAPTER V-Presidenf* Addres* and Messages to the Council
Ch^manl0hf^nsultatfon ^ " S T f t dS oJW?** ? rW A^ ^ ~ T he the discussion of the m a t t er referred to"in thP ^ L ^C i\ ^1 a l l ot l i me ^r under clause fl) of article 87 rf the cSiimition SS t0 t he H o u s es
. h a l f ^ U b i r ^ t S ' g S S ^ ' S tS MS To TL°! aA%day' the CoUnc" of thanks moved by a member and seconded ly^anotner member'3" °U & m°t l On
^tS^SST ffi^^ff?^ that a d.y
Chairman. The Chairman snalT forthwiih n u t S ^t ^ °y, -t0 be aPP°l nted by the debate being allowed. n w J tn p ut t he question, n0 amendment or
whJLSh^CSSriSS t a k e ^ t e ^ t S1^ Minister " -I Other Mmister, the Government have a genera? ffi ^r evnfZ^3 1 0^ °r n^'. *a l1 on b e h a" oi ment at the end of the discussion explaining the position of the Govern-
I I 74 THE GAZETTE OF INDIA EXTRAORDINARY [PART T-SEC. 1J19. Time limit for speeches.—The Chairman may, if he thinks fit, prescribe, after taking the sense of the Council, a time limit for speeches.
20. President's Address under article 86 (1) of the Constitution.—The Chair- man, in consultation with the Leader of the Council may allot time for the dis- cussion of the matters referred to in the President's Address under clause (,1) of article 86 of the Constitution,
21. Messages by President.—Where a message from the President for the Council under clause (2) of article 86 of the Constitution is received by the Chairman, he shall read the message to the Council 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 Chairman shall have the power to suspend or vary the rules to such extent as it may be necessary to do so.
22. Prorogation of the Council.—When the President prorogues the Council or Houses, he may address the Council or Houses as the case may be.
CHAPTER VI—Arrangement of Business
23 Arrangement of Government business.-—On days allotted for the transac- tion of Government business that business shall have precedence and the Secre- tary shall arrange that business in such order as the Chairman alter consultation with the Leader of the Council may determine:
Provided that such order of business shall not be varied on the day that busi- ness is set down for disposal unless the Chairman is satisfied that there is sufficient ground for such variation.
24 Allotment of time for Private Members' business.—-Unless the Chairman otherwise directs, every Friday shall be allotted for the transaction of private members' business:
Provided that the Chairman may allot different Fridays for the disposal of different classes of such business and on Fridays so allotted for any particular class of business, business of that class shall have precedence:
Provided further that the Chairman may, in consultation with the Leader of the Council, allot any day other than a Friday for the transaction of private members' business.
25 Precedence of Private Members' Bills.—(1) The relative precedence of notices of Bills given by private members shall be determined by ballot, to be held in accordance witfi fee orders made by the Chairman, on such day not being less than fifteen days before the day with reference to which the ballot is held, as the Chairman may direct,
(2) Tre relative precedence of private members' Bills on a day allotted for the disposal of such Bills shall be in the following order, namely:—
(a) Bills in respect of which the motion is that leave be granted to intro-
duce the Bill;
(b) Bills returned by the President with a message under article 111 oi the Constitution;
(c) Bills which have been passed by the Council and returned by the House with amendments;
(d) Bills which have been passed by the House and transmitted to the
(e) BillsUin respect of which a motion has been carried that the Bill be taken into consideration;
(f) Bills in respect of which the Eeport of a Joint or Select Committee
has been presented;
. , . • *• • inn (g) Bills which have been circulated for the purpose of eliciting opinion
(h> BmselSto)duced and in respect of which no further motion has been
made or carried,
(i) other Bills.
[PART I-Sfcc. 1] THE GAZETTE OF INDIA EXTRAORDINARY H 75(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 man- ner as the Chairman may direct;
Provided that Bills falling under clause (h) of sub-rule (2) shall be arranged in groups in the order of "their dates of introduction and relative precedence within each group shall be determined by ballot,
(4) The Chairman may by special order to be announced in the Council make such variations in the relative precedence of Bills set out in sub-rule (2) as he may consider necessary or convenient.
26. Precedence of Private Member^' Resolutions.—The relative precedence of notices of resolutions given by private members shall be determined by ballot, to be held in accordance with the orders made by the Chairman, on such day, jiot being less than fifteen days before the day with reference to which the ballot is held, as the Chairman may direct.
27. Business outstanding at the end of day.—Private members' business set down for the day allotted for that class of business and not disposed of on that day shall not be set down for any subsequent day, unless it has gained priority at the ballot held with reference to that day:
Provided that notwithstanding anything contained in rules 25 and 26 any such business which is under discussion at the end of that day shall be set down for the next day allotted to business of that class, and shall have precedence over all other business set down for that day.
28. Resumption of adjourned debate on Private Member's Bill or Resolution.—
(1) When on a motion being carried tb,e debate on a private member's Bill or resolution is adjourned to the next day allotted for private members' business in the same or next session, it will not be set down for further discussion unless it has gained priority at the ballot.
(2) When the debate on a Private Member's Bill or resolution is adjourned sine die, the member-in-eharge of the Bill or the mover of the resolution, as the case may be, may, if he wishes to proceed with such Bill or resolution on a subse- quent day allotted for private members' business, give notice for resumption of the adjourned debate and on receipt of such notice the relative precedence of such Bill or resolution shall be determined by ballot.
29. List of Business.—fl) A list of business for the 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, no business not included in the list of business for the day shall be transacted at any meeting without the leave of the Chairman.
(3) Save as otherwise provided by these rules, no business requiring notice shall be set down for a day earlier than the day after that on which the period of the notice necessary for that class of business expires.
(4) Unless the Chairman otherwise directs, not more than five resolutions Cin addition to any resolution which is outstanding under the proviso to rule 27) shall be set down in the list of business for any day allotted for the disposal of private members' resolutions.
Business Advisory Committee
30. Constitution of the Business Advisory Committee.—(1) The Chairman may, from time to time, nominate a Committee called the Business Advisory Com- mittee consisting of ten members including the Chairman of the Council who shall be the Chairman of the Committee.
(2) The Committee nominated under sub-rule (1) shall hold office until a new Committee is nominated.
(3") If the Chairman of the Council for any reason is unable to preside over any meeting of the Committee, he shall nominate. 3 Chairman for that meeting.
31. Filling of casual vacancies.—Casual vacancies in the Committee shall be filled by the Chairman of the Council.
32. Quorum.—The quorum of the Committee shall be five.
i xy6 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEO. 1]33. Functions of the Committee.—(1) It shall be the function of the Committe' to recommend the time that should be allocated for the discussion of the stage o: stages of such Government Bills and other business as the Chairman of th< Council in consultation with the Leader of the Council may direct for being refer red 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 busines1 shall be completed.
(3) The Committee shall have such other functions as may be assigned to ii by the Chairman of the Council from time to time,
34. Presentation and circulation of the report of the Committee. The time- table in regard to the Bill or group of Bills or other business as settled by the Committee shall be reported by the Chairman of the Council Co the Council and notified in the Bulletin.
35. Allocation of Time Order As soon as mav be aftpr tho ™r* t u v. made to the Council, a motion may be moved by m m e f o f T k ^ ir designated by the Chairman of the Council "that th™ C ^ u n d a S e e P w t th the allocation of time proposed by the Committee in regard to such and such BU or Bills, or other business, as the case may be" and if suchA mn-Hnn \ "™J? J by the Council, it shall take effect as if it were an Order of th™ cSindl: P
Provided that an amendment may be moved that the report be referred back matter- without limitation or with reference to any particular
Provided further that not more than half-an-hour shall be allotted for the
or o t h er b u s i n e s s- *e Chairman ol the C W cU shall i l
36. Disposal of outstanding matters at the appointed hour—At the appointed nour in accordance with the Allocation of Time Order, for the completion of a S ^ W ST SHge °f a B l U forthwith put every question necessary to dispose of all the outstanding matters in connection with that stage of the Bill or other business.
. £7- V^1^t l o nJn tte A 1 1"o a t i on °f T1""e Order.—No variation in the Allocation 1 1
of Time Order shall be made except by the Chairman, who may make such varia- tion if he is satiafled after taking the sense of the Council that there is a eenprni agreement for such variation.
- G
CHAPTER VII—Questions
38. Time for questions.—Unless the Chairman otherwise directs, the first hour of every sitting shall be available for the asking and answering of questions.
39. Notice of questions.—Unless the Chairman otherwise directs, riot less than ten clear days' notice of a question shall be given.
40. Form of notice of questions.—Notice of a question shall be given in writine to the Secretary and shall specify—
(a) the official designation of the Minister to whom it is addressed; and
(b) the date on which the question is proposed to be placed on the list
of questions for answer.
41. Notice of admission of questions to Ministers.—Unless the Chairman other- wise directs, no question shall be placed on the list of questions for answer until five days have expired from the day when notice of such question has been given by the Secretary to the Minister to whom it is addressed.
42. Questions for oral answers to be distinguished by asterisks. A member who desires an oral answer to his question shall distinguish it by an asterisk and if he does not distinguish it by an asterisk the question shall be printed in the list of questions for written answer.
43. Member entitled to oral answers to three questions on a day.—(1) Not more than three questions distinguished by asterisks by the same member shall be placed on the fist of questions for oral answer on any one day. Questions in excess pf three shall be placed in the list of questions for written answers.
WAKT I-SEG. 1J THE GA/ETTE OF INDIA EXTRAORDINARY H 77(2) The order in which questions for oral answer are to be placed shall be indicated by the member giving notice and, if no such order is indicated, the questions shall be placed in the list of questions for oral answer in the order in which notices are received in point of time.
44. Allotment of days for oral answers to questions.—The time available for answering questions shall be allotted on different days in rotation for the answer- ing of questions relating to such Ministry or Ministries as the Chairman may, from time to time, provide, and on each such day, unless the Chairman 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 shall be placed on the list of questions for oral answer.
45. Written answers to questions not replied orally.—If any question placed on the list of questions for oral answer on any da3' is not called for answer within the time available for answering questions on that day, the Minister to whom the question is addressed shall forthwith lay upon the Table a written reply to the question, and no oral reply shall be required to such question and no supple- mentary questions shall be asked in respect thereof.
4fi. Questions to Private Members.—A question may be addressed by a mem- ber 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 Council for which that member is responsible and the procedure in regard to such ques- tions shall, as far as may be, be the same as that followed in the case of ques- tions addressed to a Minister with such variations as the Chairman may consider necessary or convenient.
47. Conditions of adiwlssibility of questions.—(1) Subject to the provisions of sub-rule (2) of this rule, a question may be asked for the purpose of obtaining information on a matter of public importance within the special cognizance of the Minister to whom it is addressed.
(2) The right to ask a question is governed by the following conditions:—
(i) it shall be clearly and precisely expressed; (ii) it shall not bring in any" name or statement not strictly necessary to make the question intelligible;
(Hi) if it contains a statement the member shall make himself responsible for the accuracy of the statement;
(iv) it shall not contain arguments, inferences, ironical expressions, imputa- tions, epithets or defamatory statements;
(v) it shall not ask for an expression of opinion or the solution of an abstract legal question or of a hypothetical proposition;
', vi) it shall not ask as to the character or conduct of any person except in
his official or public capacity; (vii) it shall not ordinarily exceed 150 words; (viii) it shall not relate to a matter which is not primarily the concern of the Government of India;
(ix) it shall not ask for information on matters which arc under the consi- deration of a Parliamentary Committee;
(x) it shall not ask about proceedings in a committee which have not been placed before the Council by a report from the committee;
(xi) it shall not reflect on the character or conduct of any person whose
conduct can only be challenged on a substantive motion;
(xii) .'+ shall not make or imply a charge of a personal character; (xiii) n shall not raise questions of policy too large to be dealt within the
limits of an answer to a question;
(xiv) n shall not repeat in substance questions already answered or to which an answer has been refused;
(xv) it shall not ask for information on trivial matters; (xvi) jt shall not ordinarily seek information on matters of past history; (xvii) it shall not require information set forth to accessible documents or m ordinary works of reference;
(xviii) it shall not raise matters under the control of bodies or persons not primarily responsible to the Government of India;
T Iyg THE GAZETTE OF INDIA EXTRAORDINARY [PABT I-SEC. 1](xix) 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;
(xx) it shall not relate to a matter with which a Minister is not officially connected;
(xxi) it shall not refer discourteously to a friendly foreign country; and (xxii) it shall not seek information about matters which are in their nature secret,
48. Questions on matters of correspondence between the Government of India
and the Government of a State.—In matters which are or have been the subject of correspondence between the Government of India and the Government of a State, no question shall be asked except as to matters of fact, and the answer shall be confined to a statement of fact.
49, Chairman to decide admisslbility of questions.—(1) The Chairman shall decide whether a question or a part thereof is or is not admissible under these rules and may disallow any question or a part thereof when in his opinion it is an abus-e of the right of questioning or calculated to obstruct or prejudicially affect the procedure of the Council or is in contravention of these rules.
(2) Subject to the provisions of rule 44, the Chairman may direct that a question be placed on the list of questions for answer, on a date later than that specified by a member in his notice, if he is of the opinion that a longer period Is necessary to decide whether the question is or is not admissible.
50 Chairman to decide if a question Is to be treated as starred or unstarred.-- If in the opinion of the Chairman any question put down for oral answer is ol such a nature that a written reply would be more appropriate, the Chairman may direct that such Question be placed in the list of questions for written answer:
Provided that the Chairman may, if he thinks fit, call upon the member who has given notice of a question for oral answer to state in brief his reasons for desiring an oral answer and, after considering the same, may direct that the question be included In the list of questions for written answer.
51 List of questions.—Questions, which have not been disallowed, shall be entered In the list of questions for the day Tor oral or written answer, as the case may be, in accordance with the orders of the Chairman.
52 Order In which questions shall be called.—Questions for oral answers shall be called if the time made available for questions permits, in the order in which they stand In the list before any other business is entered upon at the meeting.
Provided that a question not reached for oral answer may be answered after the end of the Question Hour with the permission of the Chairman If the Minister represents to the Chairman that the question is one of special public interest to which he desires to give a reply.
53 Withdrawal or postponement of questions.—A member may, by notice given at any time before the meeting for which his question has been placed on the list, withdraw his question, or postpone it to a later day. to be specified In the notice, and on such later day the question shall, subject to the provisions of rule 44, be placed on the list after all questions which have not been so postponed;
Provided that a postponed question shall not be placed on the list until two clear days have expired from the time when the notice of postponement has been received by the Secretary.
54 Mode of asking questions.—(1) When the time for asking questions arrives, the Chairman shall call successively each member In whose name a question appears in the list of questions.
(2) The member so called shall rise In his place and unless he states that it is not his Intention to ask the question standing in his name, he shall ask the question by reference to its number in the list of questions.
'(3) If on a question being called it is not put or the member in whose name it standis li absent, the Chairman, at the request of any member, may direct that the answitr to it be given.
[PAR-I I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY I I 7gIng in the name of another member, if so authorised by him.
56. Supplementary questions.—(1) No discussion shall be permitted during the time for questions under rule 38 in respect of any question or of any answer given to a question.
(2) Any member when called by the Chairman 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 Chairman shall disallow any supplementary question, If, in his opinion, it infringes the rules regarding questions.
57. Answers not to refer to proceedings In House.—An answer to a question In the Council shall not refer to the answer to a question or proceedings In the House during a current session.
58. Short notice questions.—(1) A question relating to a matter of public importance may be asked with shorter notice than ten clear days and 11 the Chair- man is of opinion that the question is of an urgent character he may direct that an enquiry may be made from the Minister concerned if he is in a position to reply and, if so, on what date.
(2) If the Minister concerned is in a position to reply, such question shall be answered on a day to be indicated by him and at the time to be determined by the Chairman.
(3} If the Minister is not in a position to answer the question at short notice and the Chairman is of opinion that the question is of sufficient public importance to be orally answered in the Council, he may direct that the question be placed as the flrst question on the list of questions for the day; on which it would be due for answer under rule 39:
Provided that not more than one such question shall be accorded first priority on the list of questions for any one day.
(4) Where a member desires an oral answer to a question at shorter notice, he shall briefly state the reasons for asking the question with short notice. Where no reasons have been assigned in the notice of the question, the question shall be returned to the member.
(5) The member who has given notice of the question shall be In his seat to read the question when called by the Chairman and the Minister concerned shall give a reply immediately.
(6) In other respects, the procedure for short notice questions shall be the same as for ordinary questions for oral answer, with such modifications as the Chairman may consider necessary or convenient.
50. No publicity of answers to questions In advance.—Answers to questions which Ministers propose to give in the Council shall not be released for publica- tion until the answers have actually been given on the floor of the Council or laid on the Table.
CHAPTER VIII-—Half-an-Hour Discussion
60, Discussion on a matter of public importance arising out of answers to Ques- tions.— (1) The Chairman shall allot half-an-hour from 5 P.M. to 5-30 P.M. on any day for raising discussion on a matter "of sufficient public importance which has been the subject of a recent question in the Council, and the answer to which needs elucidation on a matter of fact:
Provided that if the other business set down for the day is concluded before . •i P . M. t he p e r i od of h a l f - a n - h o ur s h a ll c o m m e n ce f r om t he t i me s u ch o t h er
business is concluded:
Provided further that the Chairman may vary the rime of commencement c* such discussion If such H course is, in his opinion, necessary or convenient.
r l 8o THE GAZETTE OF INDIA EXTRAORDINARY [PAAT I-SEC. 1}(2) A member wishing to raise 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 shortly specify the point or point? that he wishes to raise:
Provided that the notice shall be accompanied by an explanatory note stating the reasons for raising discussion on the matter In question:
Provided further that the notice shall be supported by the signature of at least two other members:
Provided further that the Chairman may with the consent of the Minister concerned waive the requirement concerning the period of notice.
(3) The Chairman shall decide whether the matter is of sufficient public impor- tance to be put down for discussion.
(4) If more than two notices have been received and admitted by the Chair- man, the Secretary shall hold a ballot with a view to drawing two notices and the notices shall be put down In the order in which they were received in point of time:
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 further day, unless the member so desires, In which case it shall be included in" the ballot for the next, available day.
(5) There shall be no formal motion before the Council nor voting. The member who has given notice may make a short statement and the Minister con- cerned shall reply shortly. Any member who has previously intimated to the Chairman may be permitted to put a question for the purpose of further elucidat- ing any matter of fact:
Provided that if the member who has given notice is absent, any member who has supported the notice may, with the permission of the Chairman, initiate Xhe discussion.
CHAPTER IX—Legislation
I.—Bills originating in the Council
(a) Introduction and publication of Bills
61. Publication before introduction.—The Chairman on a request being made to him may order the publication of any Bill (together with the Statement of Objects and Reasons, the memorandum regarding delegation of legislative power and the financial memorandum accompanying it) Jn 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.
82 Notice of Motion for leave to Introduce Private Members' Bills.—(1) Any member other than a Minister, 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 an explanatory Statement of Objects and Reasons which shall not contain argument:
Provided that the Chairman may, if he thinks fit, revise the Statement pf Objects and Reasons.
(2) If the Bill Is a Bill which under the Constitution cannot be Introduced without the previous sanction or recommendation of the President, the member shall annex to the notice such sanction or recommendation, conveyed through a Minister 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 shall be one month unless the Chairman allows the motion to be made at shorter notice.
63 Communication of sanction or recommendation of President In respect of Bills—The orders of the President granting or withholding the sanction or recom- mendation to the introduction or consideration of a Bill shall be communicated to the Secretary by the Minister concerned In writing.
[PART I - S EC Ij THE GAZETTE OF JNDIA EXTRAORDINARY I r8l64. Financial Memorandum to Bills and Money clauses In Bills.—(1) A Bill lnvolvlii£ expenditure Shall bo accompanied by a financial memorandum which shall Invite particular attention to the 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 or provisions in Bills involving expenditure from public funds shall be printed in thick type or in italics:
Provided that where a clause in a Bill involving expenditure is not printed in thick type or in italics, the Chairman may permit the member in charge of the BUI to bring to the notice of the Council such clauses.
05. Explanatory Memorandum to Bills delegating legislative power.—A Bill involving proposals for the delegation of legislative power shall be accompanied by a memorandum explaining such proposals and drawing attention to their scope and stating also whether they are of normal or exceptional character.
H6. Statement in connection with Ordinances.-—(1) Whenever a Bill seeding to replace an Ordinance with or without modification is introduced in the Council, there shall be placed before the Council along with the Bill a statement explain- ing the circumstances which had necessitated legislation by Ordinance.
(2) Whenever an Ordinance, which embodies wholly or partly or with modi- fication the provisions of a Bill pending before the Council, is promulgated, a statement explaining the circumstances which had necessitated legislation by Ordinance shall be laid on the Table at the commencement of the session following the promulgation of the Ordinance.
67. Motion for leave to Introduce Bill.—If a motion for leave to introduce a Bill is opposed the Chairman, after permitting, if he thinks fit, a brief explana- tory statement from the member who moves and from 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 Council, the Chairman may permit a full discussion thereon.
98 Publication after Introduction.—As soon as may be after a Bill has been introduced, the Bill, unless It hag already been published, shall be published to the Gazette.
(b) Motions after introduction of Bills
89 Motion after Introduction of Bills.—When a Bill is introduced or on some subsequent occasion, the member in charge may make one of the following, motions in regard to his Bill, namely:—
(i) that it be taken into consideration; or (ii) that it be referred to a Select Committee of the Council; or (iii) that it be referred to a Joint Committee of the Houses with the concur-
rence of the House; or
(iv) that it be circulated for the purpose of eliciting opinion thereon:
Provided that no such motion shall be made until after copies of the Bill have been made available for the use of members, and that any member may object to any such motion being made unless copies of the Bill have been so made available for two days before the day on which the motion is made, and such objection shall prevail, unless the Chairman allows the motion to be made.
T) Discussion of principles of Bill.—(1) On the day on which any motion referred to in rule 69 is made, or on any subsequent day to which the discussion thereof 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 neces- sary to explain its principles.
(2) At this stage no amendments to the Bill may be moved, but—
(a) if the member in charge moves that the Bill be taken Into considera- tion, any member may move as an amendment that the Bill be referred to a Select Committee of the Council or a Joint Committee of the Houses with the concurrence of the House, or be circulated for the purpose of eliciting opinion thereon by a date to be specmetf in the motion, or
1182 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT I-SEC. 1Jfb) if the member in charge moves that the Bill be referred to a Select Committee of the Council or a Joint Committee of the Houses with the concurrence of the House, any member may move as an amend- ment that the Bill be referred to a Joint Committee of the Houses with the concurrence ot the House or a Select Committee of the Council, as the case may be, or that the Bill be circulated for the purpose of eliciting opinion thereon by a date to be specified in the motion.
(3) Where a motion that a Bill be circulated for the purpose of eliciting opinion thereon is carried, and the Bill is circulated in accordance with that direc- tion and opinions are received thereon, the member in charge, if he wishes to proceed with the Bill thereafter, shall move that the Bill be referred to a Select Committee of the Council or a Joint Committee of the Houses unless the Chair- man allows a motion to be made that the Bill be taken into consideration.
71. Persons 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 refer- red to a Select Committee ol the Council or a Joint Committee of the Houses or be circulated for the purpose of eliciting opinion thereon shall be made by any member other than the member in charge except by way of amendment to " motion made by the member in charge.
(c) Select Committee on Bills
72. Composition of Select Committee.—(1) The members of a Select Committee on a BiTI shall be appointed by the Council when a motion that the Bill be refer- red to a Select Committee is made.
(2) No member shall be appointed to a Select Committee if he is not willing to serve on the Committee. The mover shall ascertain whether a member propos- ed to be named, by him is willing to serve on the Committee.
(3) Casual vacancies in a Select Committee shall be filled by appointment on a motion made in the Council.
73. Chairman of Select Committee.—(1) The Chairman of the Committee shall fee appointed by the Chairman of the Council from amongst the members of the Committee:
Provided that where the Deputy Chairman is a member of the Committee, he shall be appointed Chairman of the Committee,
(2) If the Chairman of the Committee is for any reason unable to act, the Chairman of the Council may similarly appoint another Chairman of the Com- mittee in his place.
(3) If the Chairman of the Committee is absent from anv meeting, the Com- mittee shall choose another member to act as Chairman of the Committee for that meeting.
74. Quorum of Select Committee.—(1) In order to constitute a meeting of the Committee, the quorum shall be one-third of the total number of members of the Committee.
(2) If at the time fixed for anv meeting of the Select Committee, or if at any time during any such meeting, there is no quorum the Chairman of the Com- mittee shall either suspend the meeting until there is a quorum or adjourn the meeting to some future day.
(3) Where the Select Committee has been adjourned in pursuance of sub- rule (2) on two successive dates fixed for meeting of the Committee, the Chair- man of the Committee shall report the fact to the Council,
75. Discharge of members absent from meeting's of the Select Committee.—If a member is absent from, two or more consecutive meetings of the Select Com- mittee, without the permission of the Chairman of the Committee, a motion may be moved in the Council for the discharge of such member from the Committee.
76. Members other than members of the Committee may be present at a meet- ing:. Members who are not members of a Select Committee may be present dur- ing the deliberations of the Committee but shall not address the Committee nor sit in the body of the Committee:
[FABT I-9EC. U THE GAZETTE OK INDIA EXTRAORDINARY H 83Provided that a Minister may with the permission of the Chairman of the Committee address the Committee of which he may not bo a member.
77. Casting- vote of Chairman of Select Committee.-—In the case of equality of votes on any matter the Chairman oE the Committee or other person presiding shall have a second or casting vote.
78. Power to appoint sub-committees.—A Select Committee may appoint a sub- committee to examine any special point connected with the Bill. The order of reference to such sub-committee shall clearly state the point or points for investi- gation. The report of the sub-committee shall be considered by the whole com- mittee.
79. Meetings of Select Committee.—The meetings of a Select 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 the Committee Is not readily available, the Secretary may, in consultation with the Minister whose Ministry is concerned with the Bill, fix the date and time of a meeting.
80. Sittings of Select Committee.—A Select Committee may sit whilst the Council is sitting provided that on a division being called in the Council the Chairman of the Committee shall suspend the proceedings in the Committee for such time as will in his opinion enable members to vote in the division.
81. Venue of sittings—No sitting of a Select Committee shall be held outside the precincts of the Parliament House:
Provided that if in any case it is considered necessary to hold such a sitting outside the Parliament House, the matter shall be referred to the Chairman whose decision shall be final.
82. Notice of amendments and procedure Kenerally in Select Committee.—(1) If notice of a proposed amendment has not been given before the day on which the Bill is taken up by the Select Committee, any member may object to th& moving of the amendment and such objection shall prevail unless the Chairman of the Committee allows the amendment to be moved.
(2) In other respects, the procedure in a Select Committee shall, as far as practicable, be the same as is followed in the Council during the consideration stage of a Bill with such adaptations, whether by way of modification, addition, or omission, as the Chairman may consider necessary or convenient.
83. Notice of amendments by members other than members of Select Com-
mittee.—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 uv by the Committee unless moved by a member of the Committee.
84. Power to take evidence or call for papers, records or documents.—(1) A Select Committee shall have power to require the attendance of persons or the production of papers or records, if such u course is considered necessary for the discharge of its duties:
Provided that if any question arises whether the evidence of a person or the production of a document is relevant for the purposes of the Committee, the question shall be referred to the Chairman of the Council whose decision shall be final;
Provided further that Government may decline to produce a documents on the ground that its disclosure would be prejudicial to the safety or interest of the State.
(2) Subject to the provisions of this rule, a witness may be summoned by an order signed by the Secretary and shall produce such documents as are required for the use of the Committee.
(3) A Select Committee may hear expert evidence and representatives of special interest affected by the'measure before them.
(4) No document submitted to the Committee shall be withdrawn or altered without the knowledge and approval of the Committee.
H&4 T™ GAZETTE OF JNDIA EXTRAORDINARY [PART I-SEC. I]85. Procedure for examining witnesses.—The examination of witnesses before Select Committee shall be conducted as follows:—
(1) The Select Committee shall before a witness is called for examination decide the mode of procedure and the nature of questions that may be put to the witness.
(2) The Chairman of the Select Committee may first put to the witness such question or questions as he may consider necessary with refer- ence to the subject matter of the Bill or any connected subject thereto according to the mode of procedure mentioned in sub-rule (1) of this rule.
13) The Chairman of the Committee may call other members of the Select 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) A verbatim record of proceedings of the Select Committee when a
witness is summoned to give evidence shall be kept.
36. Printing and publication of evidence tendered before a Select Committee.— (1) The evidence tendered before the Select Committee under rule 85 may be made available to all members of the Select Committee.
(2) The Committee may direct that the whole or a part of the evidence or a summary thereof may be laid oh the Table.
(3) 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 Chairman of the Council may, In his discretion, direct that such evidence be confidentially made available to members before it is formally laid on the Table.
87. Power of Chairman to give direction on a point of procedure or otherwise.— (1) The Chairman of the Council 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 organization of its work,
(2) If any doubt arises on any point of procedure or otherwise, the Chairman of the Committee may, if he thinks fit, refer the point to the Chairman of the Council whose decision shall be final.
88. Power of Select Committee to make suffirestions on procedure.—A Select Committee shall have power to pass resolutions on matters of procedure relating to Select Committees for the consideration of the Chairman of the Council, -who mny make such variations in procedure as he may consider necessary.
89 Record of the decisions of a Select 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 of the Committee.
90 Reports by Select Committee.—(1) As soon as may be after a Bill has been referred to a Select Committee, the Select Committee shall meet from time to time in accordance with rule 79 to consider the Bill and shall make a report thereon within the time fixed by the Council:
Provided that where the Council 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 Council adopted the motion for the reference of the Eill to the Select Committee:
Provided further that the Council 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 their 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.
[ Pw I-3H*I ]J THE GAZETTE OF INDIA EXTRAORDINARY U 85(4) Where a Bill has been altered the Select Committee may, if they think fit, include in their 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 re-circulation.
(51 The report of the Select Committee shall be signed by the Chairman nf "the Committee on behalf of the Committee:
Provided that in case the Chairman of the Committee is absent or is not readily available, the Committee shall choose another member to sign the report on behalf of the Committee.
(6) Any member of the Select Committee may record a minute of dissent on any matter or matters connected with the Bill or dealt with in the report.
(7) If in the opinion of the Chairman ol the Council 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 minute of dissent.
91. Presentation of report—(1) The report of the Select Committee on a Bill together with the minutes of dissent, if any, shall be presented to the Council by the Chairman of the Committee or in his absence by any member of the Committee.
(2) In presenting a report the Chairman of the Committee or, in his absence, the member presenting the report shall, if he makes any remarks, confine himself to a brief statement of fact, but there shall be no debate at this stage.
S>2. Printine- and publication of reports.—The Secretary shall cause every report of a Select Committee to be printed, and a copy of the report shall be made available for the use of every member of the Council. The report, and the Bill as reported by the Select Committee, shall be published in the Gazette.
(d) Procedure after presentation of Report of a Select Committee or a Joint
Committee
93. Motions that may be moved after presentation of the report of Select/ Joint Committee.—(1) After the presentation of the final report of a Seleci Committee of the Council, or a Joint Committee of the Houses, on a Bill, the .member in charge may move—
(a) that the Bill as reported by the Select Committee of the Council, oi the Joint Committee of the Houses, as the case may be, be taken taken into consideration:
Provided that any member of the Council may object to its being so taken into consideration if a copy of the report has not been made available for the use of members for two days, and such objection shall prevail, unless the Chairman allows the report to be taken intc consideration; or
(b) that the Bill as reported by the Select Committee of the Council, oi the Joint Committee of the Houses, as the case may be, bo re- committed 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 ar additional provision in the Bill; or
(c) that the Bill as reported by the Select Committee of the Council, oi the Joint Committee of the Houses, be circulated or re-circulated, a; the case may be, for the purpose of obtaining opinion or furthei opinion thereon.
(2) If the member in charge moves that the Bill as reported by the Selcci Committee of the Council or the Joint Committee of the Houses, as the cape maj be, be taken into consideration, any member may move as an amendment tha' the Bill be re-committed or be circulated or re-circulated for the purpose oi obtaining opinion or further opinion thereon.
T Ig6 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. I]94. Scope of debate on report of Select/Joint Committee .—The debate on a motion that the Bill as reported by the Select Committee of the Council, or the Joint Committee of the Houses, as the case may be, be taken into consideration shall be confined to consideration of the report of the Committee and the matters referred to in that report or any alternative suggestions consistent with the nrinciples of the Bill,
(e) Amendments to clauses, etc., and consideration of Bills
95. Notice of amendments.—-(1) If notice of an amendment has not been given one day before the day on which the Bill is to be considered, any member m ay object to tho moving of the amendment, and such objection shall prevail, unless the Chairman allows the amendment to be moved:
Provided that, in the case of a Government Bill, an amendment, of which notice has been received from the member In charge, shall not lapse by reason of the fact that the member in charge 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.
(2) The Secretary shall, if time permits, make available to members from time to time lists of amendments of which notices have been received.
96. Conditions of admlssibllity of amendments.—The following conditions shall govern the admisslbllity of amendments:—
(i) An amendment shall be within the scope of the Bill and relevant to the subject matter of the clause to which it relates.
(11) An amendment shall not be moved which has merely the effect of a negative vote.
(iii) An amendment shal] not be inconsistent with any previous decision of the Council on the same question.
(iv) An amendment shall not be such as to make the clause which it proposes to amend unintelligible or ungrammatical.
(v) If an 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 amendmont is moved, so as to make the series of amendments intelligible as a whole:
Provided that in order to save time and repetition of arguments, a single discussion may be allowed to cover a series of interdependent amendments.
(vi) The Chairman shall determine the place in which an amendment shall be moved.
(vii) The Chairman may reiusc to propose an amendment which is, in his opinion, frivolous or meaningless.
(viii) An amendment may be moved to an amendment which has already been proposed by the Chairman.
97 Sanction or recommendation of the President to be annexed to notice of amendment.—If any member desires to move an amendment which under the Constitution cannot be moved without the previous sanction or recommendation of the President, he shall annex to the notice required by these rules such sanction or recommendation conveyed through a Minister and the notice shall not be valid until this requirement is complied with.
98 Communication of sanction "rf recommendation of President in respect of
the Secretary by the Minister concerned in writing,
to form a judgment upon it.
[PART I-Src. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1187from time to time, in the order in which they may be called, In arranging amend- ments raising the same question at the same point of a clause, precedence may be given to an amendment moved by the member in charge of the Bill. Subject as aforesaid, amendments may be arranged in the order in which notice of them is received.
101. Order of amendments.—Amendments shall ordinarily be considered in the order of the clauses of the Bill to which they respectively relate; and in respect of any such clause a motion shall be deemed to have been made: "That this clause stand part of the Bill."
102. Mode of moving amendments.—When a motion that a Bill be taken into consideration has been carried, any member when called upon by the Chairman may move an amendment to the Bill of which he has previously given notice.
103. Withdrawal of amendments.—An amendment moved may, by leave of the Council, but not otherwise, be withdrawn, on the request of the member mov- ing it. If an amendment has been proposed to an amendment, the original amend- ment shall not be withdrawn until the amendment proposed to it has been dis- posed of.
104. Submission of a Bill clause by clauE<\—Notwithstanding anything in these rules, the Chairman may. when a motion that a Bill be taken into consideration has been carried, submit the Bill, or any part of the Bill, to the Council clause by clause. The Chairman may call each clause separately, and, when the amend- ments relating to It have been dealt with shall put the question: "That this clause (or, as the case may be, that this clause as amended) stand part of the Bill."
105. Postponement of clause.—The Chairman may. If he thinks fit, postpone the consideration of a clause.
106. 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 bo amended. In the same manner as clauses, and the consideration of new •schedules shall follow the consideration of the original schedules. The question shall then be put: "That this schedule (nr. as the case may be, that this schedule as amended) stand part of the Bill."
107. Clause one, enacting formula, preamble and the title of the Bill.—Clause one, the enacting formula, 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 Chairman shall then put the question: "That clause one, or the enacting formula, or the preamble or the title (or. as the case may be, that clause one, the enacting formula, preamble, or title as amended) do stand part of t"he Bill."
108. Power of the Chairman to correct patent errors and make consequential changes in a Bill as passed.—Where a Bill is passed by the Council, the Chairman shall have power to correct patent errors and make such other changes in the Bill as are consequential on the amendments accepted by the Council.
(i) Pausing of Bills
109. Passing of Bills.—(1) When a motion that a Bill be taken into considera- tion has been carried and no amendment of the Bill is made, the member in charge may at once move that the Bill be passed.
(2) If any amendment of the Bill is made, any member may object to any motion being made on the same day that the Bill be passed, and such objection shall prevail unless the Chairman allows the motion to be made.
(3) Where the objection prevails, a motion that the Bill be passed may be brought forward on any future day.
(4) To such a motion no amendment may be moved which is not either formal, verbal or consequential upon an amendment made after the Bill was taken into consideration.
110. 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. In making his speech a member shall not refer to- the details of the Bill further than is necessary for the purpose of his arguments whieh shall be of a general character,
IlSS 1HK GAZETTE OF INDIA EX IR \ORDI\ARY [PART I-SIC. I]111 Bills passed by Council.—When 3 Bill is passed by the Council, It shall be transmitted to the House for concurrence with a message to that eliect.
(8) Bills other than Money Bills returned by House with amendment
112. Bills returned by the House with amendment—If a Bill other than a Money Bill passed by the Council and transmitted to the House is returned to the Council with amendment, it shall on receipt be laid on the Table.
IJ3. Notice of motion for consideration of amendment.—After the amended Bill has been laid on the Table;, any Minister In the case of a Government Bill, or in any othpr case any member, alter giving two days' notice, or with the consent of the Chairman without notice, may move that the amendment be taken into consideration.
114. Procedure on consideration of amendment.—(1) If a motion that the amend- ment be taken into consideration is carried, the Chairman shall put the amendment to the Council in such manner as he thinks most convenient for its consideration.
(.2) An amendment relevant to the subject matter of the amendment made by the House may be moved, but no further amendment shall be moved to the Bill unless it is consequential upon, or an alternative to, an amendment made by the House.
115. Disposal of amendment—The Council If It agrees.to amendment made by the House Khali send a. message to the House to that effect, but if it disagrees with that amendment or proposes further amendment or an alternative amendment, the Council shall return the Bill as amended to the House wit)> a message to that effect.
116. Disagreement between the Houses.—If the Bill is returned to the Council with a message that the House insists on an amendment or amendments to which the Council has disagreed, the Houses shall be deemed to have finally disagreed as1 to the amendment or amendments,
(h) Adjournment of Debate on, and withdrawal and removal of, Bill;;
117. Adjournment of the debate on a Bill. - At any stage of a Bill which is under discussion in the Council a motion that the debate on the Bill be adjourned may be moved with the consent of the Chairman.
118. Withdrawal of 11 Bill.—The member in charge of a Bill may at any stage of the Bill move for leave to withdraw the Bill, and If such leave is granted, no further motion shall he made with reference to the Bill;
Provided that where a Bill has been referred to a Select Committee ol the Council or a joint Committee of the Houses, as the case may be, notice oi any motion for the withdrawal of the Bill shall automatically stand referred to the Committep and after the Committee has expressed its opinion in a Report to the Council.
provided further that where a Bill has originated in the House and is pending bc£fi'ri-> the Council, the member in charge shall move a motion in the Council recommending to the House that the House do agree to leave being granted by th" Council to withdraw the Bill and after the motion is adopted by the Council and concurred in by the House, the member in charge shall move for leave to withdraw the Bill.
119 Explanatory statement by member who moves or opposes withdrawn! motion—If a motion for leave to withdraw a Bill Is opposed, the Chairman may. if he thinks fit, permit the member who moves and the member who opposes the motion to make brief explanatory statements and may thereafter without further debate, put the question.
120 Removal ot a Bill from the Register of Bills.—(1) Where any of the following motions under these rules in regard to a Bill originating In the Council is Teiected by the Council, no further motion shall be made with reference to the Bill and such Bill shall be removed from the Register of Bills pending in the Council:—
(1) that leave be granted to introduce the Bill;
(h"> (that, the BUI be referred to a Select Committee of the Council or n Joint Committee of the Houses:
[P\RT I-SEC. I] IIIF. GA/ETTE OF INDTA EXTRAORDINARY H 89
(v) tha* the Bill (or. as *hr- case mar be, that the Bill, as amended) be
passed.
(2) A Bill pending' before the Council shall also be removed from the Register of Bills pending in the Council in case the Bill is withdrawn under rule 118.
(3) A private member's Bill pending before the Council shall also be removed from the Register of Bills pending in the Council in case the member in charge ccar.es to be a member of the Council.
II.—Bills originating in the House and transmitted to the Council
121. Bills originating In and passed by the House and transmitted to the Council —When a Bill originating in the House has been passed by the House and is trans- mitted to the Council, the Bill shall, as soon as may be, be laid on the Table.
122. Notice.—At any time alter the Bill has been so laid on the Table, any Minister In the rase of a Government Bill, or, in any other case, any member may give notice of his intention to move that the Bill be taken into consideration.
123. Motion for consideration.—-On the day on which the motion for considera- tion is set down in the list of business which shall, unless the Chairman otherwise directs, be not loss than two days from the receipt of the notice, the member giving notice may move that the Bill be taken into consideration.
124. Discussion.—On the day on which such motion is made or on any subse- quent day to which the discussion is postponed, the principles ol the Bill and Its general provisions may be discussed, but the details of the Bill musi nnt bn dis- cussed further than is' necessary to explain its principles.
125. Reference to Select Committee.—Any member may (if the- Bill has not already been referred to a Joint Committee of the Houses, but not otherwise) move as an amendment that the Bill, bo referred to a Select Committee and, if such motion is carried, the Bill shall be referred tp a Select Committee, and the rules regarding Select Committees on Bills originating in the Council shall then apply. 126. Consideration and passing.—If the motion that the Bill be taken into con- sideration is carried, the Bill shall be taken into consideration clause by clause and the provisions of the Rules of the Council regarding consideration of amend- ments to BlU^ and the subsequent procedure in regard to the passing of Bills shall apply.
127. Bill passed without amendment.—If the Bill is passed without amendment, a message shall be sent to the House intimating that the Council has agreed to the Bill without any amendment.
128. Bill passed with amendments.—If the Bill is passed with amendments, the Bill shall be returned with a message asking the concurrence of the House to the amendments.
129. Procedure consequent on consideration of amendments.—If the House disagrees with the amendments_ made by the Council or any of them, or agrees tu any of the amendments made by the Council with further amendments or pro- poses further amendments in place of amendments made by the Council, the Bill as further amended shall on receipt by the Council be laid on the Table.
130. Appointment of time for consideration of amendments.—After the amended Bill has, been laid on the Table, any Minister in the case of a Government Bill. or, in any other case, any member after giving two days' notice or with the consent • d the Chairman without notice, may move that the amendments be taken into consideration.
131. Procedure on consideration of amendments.—(1) If a motion that the amendments be taken into- consideration is carried, the Chairman shall put the amendments to the Council in such manner as he thinks most convenient for their consideration,
(2) Further amendments relevant to the subject matter of the amendment's made by the House may be moved, but no further amendment shall be moved to
n go THE GAZETTE OF f\DIA EXTRAORDINARY |"PVRT I-.Src. 1]the Bill, unless it is consequential upon, or an alternative to, an amendment made by the House-
132. Disposal of amendments.—The Council may either agree fo the Bill as originally passed in the House or as further amended by the House, as the case may be, or may return the Bill with a message that it insists on an amendment or amendments to which the House has disagreed.
133. Disagreement between Houses.—If a Bill is returned with a message inti- mating that the Council insists on amendments to which the House is unable to agree, the Houses shall be deemed to have finally disagreed as to the amendments,
134. Rejection of a Bill.—When any of the following motions moved in the Council with reference to a Bill originating in the House and transmitted to the Council Is negatived by the Council, the Bill shall be deemed to have been rejected by the Council:
(i) that the Bill be referred to a Select Committee of the Council;
(ii) that the Bill be taken into consideration:
(iii) that the Bill as reported by Select Committee of the Council be taken into consideration; and
(lv) that the Bill (or, as the case may be, that the Bill as amended) be passed.
Ill—Authentication and Reconsideration of Bills
135. Authentication of a Bill.—When a Bill is passed by the Houses and is in possession of the Council, a copy thereof shall be signed by the Chairman, and presented to the President:
Provided that in the absence of the Chairman from New Delhi the Secretary may authenticate the Bill for the Chairman in case of urgency.
136. Reconsideration by the Council of a Bill passed.^ When a Bill which has b"een passed by the Houses is returned by the President for reconsideration, the point or points referred for reconsideration shall be put before the Council by the Chairman, and shall be discussed and voted upon in the same manner as amendments to a Bill, or in such other way as the Chairman may consider most convenient for their consideration by the Council.
CHAPTER X—Petitions
137. Petitions.—Petitions may be presented or submitted to the Council with the consent of the Chairman in accordance with these rules.
138. Scope pf petitions.—Petitions may relate to—
(i) a Bill which has been published under rule 61 or which has been introduced or in respect of which notice of a motion has been received under these rules;
(ii) any other matter connected with the business pending before the Council; and
(iii) any matter of general public interest provided that it is not one—
(a) which falls within the cognizance of a court of law bavins juris- diction in any port of India or a court of enquiry or a statutory •tribunal or authority or quasi-judicial body or commission;
(b) which raises matters which are not primarily the concern of the Government of India;
(c) which can be raised on a substantive motion or resolution; or
(d) for which remedy is available, under the law, including rules, regulations or bye-laws made by the Central Government ov by an authority to whom power to make such rules, regulations or bye-laws is delegated.
[PART I-SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY I I C;I139. General form of petition.—(1) The general form of petition set out in the Schedule, with such variations as the circumstances of each case require, may be used and, if used, shall be sufficient.
(2) Every petition shall be couched in respectful and temperate language.
(3) Every petition shall be either in Hindi or in English. If any petition in any other language is made, it shall be accompanied by a translation either in Hindi or in English, and signed by the petitioner.
140. 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 authenti- cated by the signatory, if literate by his signature and if illiterate by his thumb impression.
141. Documents not to be attached.—Letters, affidavits or other documents shall not be attached to any petition.
142. Counterslgnature.—Every petition shall, if presented by a member, be countersigned by him.
143. Petition, to whom to be addressed and how to be concluded.—Every oetitiun shall bo addressed to the Council and shall conclude with a prayer reciting the definite object of the petitioner in regard to the matter to which it relates.
144. Notice of presentation.—A member shall give advance intimation to the • Secretary of his intention to present a petition.
145 Presentation of petition.—A petition may be presented by a member or be f o r w a rd to the Secretary, in which inUer case the fact shall be reported by him to the Council, and no debate shall be permitted on the making of such report.
14f,- Form of presentation.—A member presenting a petition shall confine himseli to a statement in the following form:—
"I beg to present a petition signed by petitioner(s) regarding
and no debate shall be permitted on this statement.
147 Constitution of Committee on Petitions.—(1) The Chairman shall, from time t0 time, nominate a Committee on Petitions consisting of ten members.
(2) The Committee nominated under sub-rule (1) shall hold office until a new Committee is nominated.
(3) Casual vacancies in the Committee shall be filled by the Chairman.
148. Quorum.—The quorum of the Committee shall be five.
members of the Committee:
Provided that if the Deputy Chairman is a member of the Committed, nc shall be appointed Chairman of the Committee.
C) Tf the Chairman of the Committee is for any reason unable to act the Chairman of the Council may similarly appoint another Chairman oi the Com- mittee in his place.
m Tf thP Chiirman of the Committee is absent from any meeting, the Committee shaU S se another member to act as Chairman of the Committee
for that meeting.
Committee of Petitions.
H93 Till: GA/FITK Oi INDIA h\ IRAOR1HXARY JI'AKTI-SE^. 1]151. Examination and Circulation of petitions,—(1) The Committee shall examine every petition referred to it, and if the petition complies with those rules, the Committee may in its discretion direct that it be circulated. Where circulation of the petition has not been directed, the Chairman may at any time, direct that the petition be circulated.
(2) Circulation of the petition shall be in extenso or in a summary form as the Committee, or the Chairman, as the case may be, may direct.
152. Report of Committee on Petitions,— (1) The Committee shall report to the Council stating the subject matter of the petition, the number of persons by whom it is signed and whether it is in conformity with these rules, and also whether circulation has or has not been directed.
(2) It shall also be the duty of the Committee to report to the Council on specific complaints made In the petition referred to it after taking .such evidence as it deems fit and to suggest remedial measures either in a concrete form applicable to the case under review or to prevent such cases in future.
153. Presentation of Report.—The Report of the Committee shall be presented to the Council T5y the Chairman of the Committee or, in his absence, by any member of the Committee.
CHAPTER XI—Resolutions
154. Notice of Resolution.—A member other than a Minister who wishes to move a resolution shall give fifteen clear days' notice of his intention and shall, together with the notice, submit the text of the resolution which he -wishes to move;
Provided that the Chairman may allow it to be entered in the list of business with shorter notice than fifteen days.
155. Fora* of Resolution,—A resolution may be in the form of a declaration of opinion by the Council.
150. Subject matter of Resolution.—Subject to the provisions of these rules, any member may move a resolution relating to a matter of general oublic interest.
157. Conditions of admissiWIity of Resolution.—In order that a icsolution may be admissible, it shall satisfy the following conditions, namely:—
d) it shall be clearly and precisely expressed; (ii) it shall raise substantially one definite issue; (iii.) it shall not contain arguments, inferences, ironical expressions, impu- tations or defamatory statements;
(iv) it shall not refer to the conduct or character of persons except in their official or public capacity; and
(v) it shall hot relate to Any matter which is under adjudication by a court of law having jurisdiction in any part of India.
158. Chairman to decide admlssibllity of Resolution.—The Chairman shall decide on the admissibility of a resolution, and may disallow a resolution or a part thereof when in his opinion it does not comply with these rules.
159. Moving- of Resolution,—(1) A member in whose name a resolution stands on the list of business shall, except when he wishes to withdraw it, when called on, move the resolution, in which case he shall commence his speech by a formal motion in the terms 'appearing in the list of business,
(2) A member may, with the permission of the Chairman, authorise any other member in whose name the same resolution stands lower in the list of business, to move it on his behalf, and the member so authorised may move accordingly.
(3) If a member other than a Minister, when called on is absent, any other membfer authorised by him in writing in this beharf may, with the permission oi the Chairman, move the resolution standing in his name.
J60. Amendments.—fl) After a resolution has been moved, any member may, subject to the rules relating to resolutions, move an amendment to the resolution.
[PAW I-fcrc. Jl I HE £.A/E 1 JE OF INDIA EXTRAORDINARY Um(2) If notice of such aniendment has not been given one day before the day on which the resolution is moved, any member may object to ihe moving of the amendment, and such objection shall prevail, unless the Chairman allows the amendment to be moved.
(3) The Secretary shall, if time permits, make available to members Jioni time to time lists of amendments of which notices have been given.
Ilil. Time limit of speeches.—No speech on a .-^solution, except with the permission of the Chairman, shall exceed iKlecn minutes in duration:
Provided that the mover of a resolution when moving the same and the 'Minister concerned when speaking for the fuvr time, may speak for thirty minutes or for such longer time as the C!ii.;ivman may permit.
162. Scope of disrussion.—-The discussion of a resolution shall be strictly relevant to and within the scope of the resolution.
163. Withdrawal of Resolution and amendment.—(1) A member in whose name a resolution stands on the list of business may, when callud on, withdraw the resolution in which ease he shall confine himself to a mere statement to that -effect.
(2) A member who has moved a resolution or amendment to a resolution shall not withdraw the same except by leave of the Council.
(3) If a resolution which has been admitted is not discussed during the session it shall be deemed to have been withdrawn.
164. Spliting of Resolution.—When any iesolution involving several points has been discussed, the Chairman may. divide the resolution, and put each or 3ny point separately to the vote, as he may think fit.
165 Repetition of Resolution.—(1) When a resolution has been moved 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.
(2) When a resolution has been withdrewn with the leave of 1he Council, no resolution raising substantially the same question shall be moved during the same session.
166 Copy of Resolution passed to he sent to Minister.—A copy of every resolu- tion which has been passed by the Council shall be forwarded to the Minister •concerned.
CHAPTER XII—Motions on Matters- of Public Interest and -'Motion jor Papers"
167 Eliseussion on a matter of public Interest by motion.—Save in so far as is otherwise provided by the Constitution or by these rules, no discussion ol s matter of general public interest shall take place except on a motion made with the consent of the Chairman.
lfifl. Notlr.e of a motion.—Notice of the motion shall be given in writing ad- dressed to the Secretary.
169 Conditions of admissibility of a motion.—In order that a motion may be admissible it shall satisfy the following conditions, namely:—
(i) it shall raise substantially one definite inznL;
(ii) il -'iinll not c.-.-itaia arjni-isnts, inferences, i r c r ^ al expressions, impu.ta,-
" iioin or deiar-iaiijj-y statements;
(iii) it shall not refer to the conduct or character of persons except in their public capacity;
(v) it shall not raise a question of privilege; I l 9^ THE GA/.ETTE OF Ii\T)JA EXTRAORDINARY [PART I-SEC. 1],
(vii) it shall not anticipate discussion of a matter which is likely to be dis- cussed in the same session; and
(viii) it shall not relate to any matter which is under adjudication by a court of law having jurisdiction in any part of India.
170. Chairman to decide admissibility of a motion.—The Chairman shall decide on the admissibility of a motion and may disallow a motion or a part thereof when in his opinion it does not comply with these rules.
171. Circulation of No-Day-Yet-Named Motions.—If the Chairman admits notice of a motion and no date is fixed for the discussion of such motion, it shall be immediately notified in the Bulletin with the heading "No-Day-Yet-Named Motion".
172. Allotment of time for discussion of motions.—The Chairman may after 'considering the state of business in the Council and in consultation with the Leader of the Council allot a day or days or part of a day for the discussion of any such motion.
173. Chairman to put question at the appointed time.—The Chairman shall at the appointed hour on the allotted day, or as the case may be, the last of t he allotted days forthwith put every question necessary to determine the decision of the Council on the original question.
174. Time limit for speeches.—The Chairman may, if he thinks fit, prescribe a time limit for speeches.
Motion for Papers
175. Motion for Papers.—(i) Any Member desirous of raising discussion on a. matter of urgent public importance may Rive notice of a motion "for papers" and specify clearly and precisely the matter to be raised.
(ii) If the Chairman is satisfied after calling for such information from the member who has given notice and from the Minister as he may consider necessary that the matter is urgent and of sufficient importance to be raised in the Council at an early date he may admit the motion and fix the date on which such motion may be taken up*and allot such time for its discussion not exceeding three hours as he may consider appropriate in the circumstances;
Provided that, if an early opportunity is otherwise available for the discussion of the proposed matter the Chairman may refuse to admit the motion,
Chi) If, at the end of such a discussion the motion is not by leave of the Coun- cil withdrawn or the Minister states that there arc no papers to be laid on t he Table or If the papers are available liiey cannot be laid on the Tables on the ground that it will be detrimental in the public interest to do so, it will be open to any member to move an amendment, recording the opinion of the Council on. the matter, in such form as may be considered appropriate by the Chairman.
(iv) An amendment, if moved, will be put to the Council without discussion unless the Chairman in his discretion thinks fit to allot further time for the elucida- tion of any matters arising out of the amendment.
(v) In other respects rules governing the admission and discussion of a motion f'for papers" shall be the same as for motions on matters of public interest with feuch modifications as the Chairman may consider necessary or convenient.
CHAPTER XIII—Discussion on frrwtti>rs of urgent public importance for short
duration
176. Notice of 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 discussion on the matter in question:
Provided further that the notice shall be supported by the signatures of at least two other members.
177. Chairman to decide admissibility.—If the Chairman is satisfied, after call- ing for aiuch information from the member who has given, notice and from the
[PART I-9EC. 1] THE GAZETTE OF INDIA EXTRAORDINARY jrgeMinister as he may consider necessary, that the matter is urgent and is of suffi- cient public importance to be raised in the Council at an early date, he may admit the notice and in consultation with the Leader of the Council fix the date on which such matter may be taken up for discussion 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 Chairman may refuse to admit the notice.
178. No formal motion.—There shall be no formal motion before the Council for voting. The member who has given notice may make a short statement and the Minister shall reply shortly. Any member who has previously intimated to' the Chairman may be permitted to take part in the discussion.
17£). Time limit for speeches.—Chairman may, if he thinks fit, prescribe a time limit for speeches.
CHAPTER XIV—Celling attention to mattery or Urgent Public Importance
180. Calling- attention to matters of urgent public importance.—(1) A member may, with the previous permission of the Chairman, call the attention of a Minis- ter to any matter of urgent public importance and the Minister may make a brief statement or ask for time to make a statement at a later hour or date.
(2) There shall be no debate on such statement at the time ft is made.
(3) Not more than one such matter shall be raised at the same sitting.
(4) In the event of more than one matter being presented for the same day. priority shall be given to the matter which is, in the opinion of the Chairman, more urgent and important.
(5) The proposed matter shall be raised after the questions and before the list of business is entered upon and at no other time during the sitting of the Council.
CHAPTER XV—Procedure in Financial Matters
181. The Budget.—(1) The Annual Financial Statement or the Statement of the estimated Eecelpts and Expenditure of the Government of India in respect of each financial year (hereinafter referred to as "the Budget") shall be presented to the Council on such day as the President may direct.
(2) There shall be no discussion on the Budget on the day on which it is presented to the Council.
182. General discussion on the Budget.—(1) On a day to be appointed by the Chairman subsequent to the day on which the Budget is presented and for such time as the Chairman may allot for this purpose, the Council shall be at liberty to discuss the Budget aa a whole or any question of principle involved therein, but no motion shall be moved nor shall the Budget be submitted to the vote of the Council.
(2) The Finance Minister shall have a general right of reply at the end of the discussion.
(3) The Chairman may, if he thinks fit, prescribe a time limit for speeches.
183. Presentation of the Budget in parts.—Nothing hereinbefore contained shall be deemed to prevent the presentation of the Budget to the Council in two or more parts and when such presentation takes place, each part shall be dealt with in accordance with these rules, as if it were the Budget.
184. Business that can be taken up on a. day allotted for any kind of financial
business.—Notwithstanding that a day has been allotted for financial business a motion or motions for leave to introduce a Bill or Bills may be made and a Bill or Bills may be introduced on such day before the CounriJ enters on the business for which the day has been allotted.
TTg6 THE GAZETTE OF INDIA EXTRAORDINARY [PART 1-Sna 1]Explanation.—Financial business includes any business which the Chairman holds as coming within this category under the Constitution.
185. Provision as regards Financial Bills referred to in artielt; 117(1) of the Constitution.— (1) !J! notice of motion for leave to introduce a Bill making provi- sion for uny ol the matters specified in clause (U of article 117 of the Constitu- tion is received the Chairman may direct that it should not be included in the list of business.
(2) On a Bill being put down for introduction a member may at thai i:iap,e or at any subsequent stage take objectiorj that ihe Hill is a financial Bill within the meaning of clause (1) of article 117 of thr Constitution and should not be intro- duced in the Council.
(3) If the Chairman holds that the Bill is a financial Bill within the meaning of clause (11 of article 117 of the Constitution, he shall terminate discussion on the Bill forthwith and direct that it be struck off from the list of business find be removed from the register of Bills pending in the Council.
(4) II the Chairman has any doubt in regard to the validity of the objection, he shall refer the matter to the Speaker and if there is no agreement between the Speaker and the Chairman, the Chairman shall report the matter to the Council and take the sense of the Council as to whether they wish to proceed further with the Bill.
18C. Money Bills.—(1) A money Bill passed by the House and transmitted to the Council shall, as soon as may be, be laid on the Table.
(2) The Chairman in consultation with the Leader of the Council shalj within two days of the Bill being so laid on the Table allot a day or days or part i-i a day for the completion of all or any of the stages involved in the consideration and [return of the Bill by the Council including the consideration and passing of amendments, if any, to the Bill.
i (3) When such an allotment has been made, the Chairman shall at the (appointed hour on the allotted day or the last of the allotted days, as the case may be, forthwith put all the questions necessary to dispose of the outstanding matters in connection with the stage or stages for which a day or days or part of a day has been allotted.
(4) After the motion that the Bill be taken into consideration has been carried, the Bill shall be taken up clause by clause. At this stage amendments to be recommended to the House may be moved to the Bill and the provisions of the Rules of the Council regarding consideration of amendments to Bills shall apply.
(5) After the Bill has been considered clause by clause and the amendments. If any, have been disposed of, the member in charge of the Bill shall move that ' ' '#*l the Bill be returned-
(6) When the motion that the Bill be returned has been carried, the Bill shall "be returned to the House, in the case where the Council does not make any recommendations, with a message that the Council has no recommendations to make to the House in regard to the Bill, and in the case where any amendments have been recommended by the Council, with a message intimating to thr House the amendments so recommended.
(7) On a Bill being introduced in the Council or at any subsequent .stage, if an objection is taken that a Bill is a money Bill within the meaning of article 110 •and should not be proceeded with in the Council, the Chairman shall, if he holds the objection valid, direct that further proceedings in connection with the Bill be terminated.
(8) If the Chairman has any doubt in regard to the validity of tue objection, he shall refer the matter to the Speaker whose decision on the question shall be final in accordance with clause (3) of article 110 of the Constitution.
CHAPTER XVI—Questions of Privilege
187. Question of privilege.—Subject to the provisions of these rules, a mem- ber m-.y, with the consent of the Chairman, raise a question involving a breach ,of pr* ilerfi-e either of a member, or of the Council or of a committee there ci.
[PART I-SEC. 1] THE f; \/ETTE OF INDIA EXTRAORDINARY T1gj1813. Notice of question of privilege.—A member wishing to raise a question of privilege shall give notice in writing to the Secretary before the commencement of the sitting on the day the question is proposed to be raised. If the question proposed to be raised is based on a document, the notice shall be accompanied by the document.
189. Conditions of admissibUity of question of privilege.—The right to raise a question ol privilege shall be governed by the following conditions:—
(i) the question shall be restricted to a specific matter of recent occurrence;
(ii) the matter requires the intervention of the Council.
190. Mode of raising a question of privilege.— (1) The Chairman, it he gives consent under rule 187 and holds that the matter proposed to be discussed is in order, shall, after the questions and before the list of business is entered upon, call the rr.iember concerned, who shall rise in his place and, while asking for leave to raise the question of privilege make a" shori statement relevant thereto:
Provided that where the Chairman has refused his consent under rule 187 or is of opinion that the matter proposed to be discussed is not in order, he may. if he thinks it necessary, read the notice of question of privilege and state that he refuses consent or holds that the notice of question of privilege is not in order:
Provided further that the Chairman may, if he is satisfied about 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 Chairman shall request those members who are in favour of leave being granted to rise in their places and if not less than twenty-five members rise accordingly, the Chairman shall intimate that leave is granted. If less than twenty-five members rise, the Chair- man shall inform the member that he has not the leave of the Council.
191. Reference to Committee of Privileges.—If leave under rule 190 is granted, the Council may consider the question and come to a decision or refer it to the Committee of Privileges on a motion made by the Leader of the Council or, in his absence, by any other member.
192. Constitution of Committee of Privileges.— (1; The Chairman shall, from time to time, nominate a Committee of Privileges consisting of ten members.
(2) The Committee nominated under sub-rule (1) shall hold office until a new Committee is nominated.
(3) Casual vacancies in the Committee shall be filled by the Chairman.
1&3. Chairman of Committee of Privileges.—(1) The Chairman of the Cnm- •mittec shall be appointed by the Chairman from amongst the members of the Committee.
(2) If the Chairman of the Committee is for any reason unable to act, the Chairman may similarly appoint another Chairman of the Committee in his place.
(3) If the Chairman of the Committee is absent from any meeting, the Com- mittee shall choose another member to act as Chairman of the Committee for that meeting,
1M. Quorum, of Committee.—The quorum of the Committee shall be five.
195. Examination of the question by Committee.—(1) The Committee shall examine every question referred to it and determine with reference to the facts of each case whether a breach of privilege is involved and. if so, the nature of the breach, the circumstances leading to it and make such recommendations es it may deem fit.
(2.) Subject to the provisions of sub-rule (1) of this rule, the report may also state the procedure to be followed by the Council in giving effect to the recom- mendations made by the Committee.
196. Evidence before Committee of Privileges.—(1) The Committee of Privi- leges shall have power to require the attendance of persons or the production of papers or records, if such a course is considered necessary for the discharge of its duties:
I I 98 THE GAZET1E Ol' INDIA EXTRAORDINARY [PART I-SFC. I]Provided that if any question arises whether the evidence of a person or the production of a document is relevant for the purposes of the Committee, the question shall be referred to the Chairman, whose decisions shull be final:
Provided further that Government may decline to produce a documenL on the ground that its disclosure would be prejudicial to the safety or interest of the State.
(2) Subject to the provisions of this rule, a witness may be summoned by tin order signed by the Secretary and shall produce such documents as are required for the use of the Committee.
(3) It shall be in the discretion of the Committee to treat any evidence tender- ed before it as secret or confidential.
197. Sittings of Committee of Privileges.— (!) As soon as may be after a ques- tion of privilege, has been referred to the Committee of Privileges, the Committee shall meet from time to time and shall make a report within the time fixed by the Council:
Provided that where the Council has not fixed any time for the presentation of the report, the report shall be presented within one month of the date on which reference to the Committee was made:
Provided further that the Council may at any time, on a motion being made, direct that the time for the presentation of the report by the Committee be extended to a date specified in the motion.
(2) Reports may be either preliminary or final.
(3) The report shall be signed by the Chairman of the Committee on behalf Of the Committee:
Provided that in case the Chairman of the Committee is absent or is not •readily available, the Committee shall choose any other member to sign the report on behalf of the Committee.
198. Presentation of report.—The report of the Committee of Privileges shall be presented to the Council by the Chairman of the Committee or in his absence by any member of the Committee.
193. Consideration of report,—As soon as may be, after the report has been presented, a motion in the name of the Chairman of the Committee or any mem- ber of the Committee will be put down that the report be taken into consideration.
200. Amendments.—Any member may give notice of amendment to the motion for consideration of the report referred to in rule 199 above in such form as may be considered appropriate by the Chairman:
Provided that an amendment may be moved that the question be re-commit- ted to the Committee either without limitation or -with reference to any particu- lar matter.
201. Motion after consideration of the report.—After the motion for considera- tion of the report has been carried, the Chairman or any member of the Com- mittee or any other member, as the case may be, may move that the Council agrees, or disagrees, or agrees with amendments, with the recommendations contained in the report.
202. Regulation of procedure.—The Chairman may issue such directions as he may consider necessary for regulating the procedure in connection with all matters connected with the consideration of the question of privilege either in the Committee or in the Council.
203 Power of Chairman to refer questions of privilege to Committee.—^Not-
withstanding anything contained in these rules, the Chairman may refer any question of privilege to the Committee of Privileges for examination, investiga- tion oi report.
CHAPTER XVII—Committee on Subordinate Legislation
204. Committee on subordinate legislation.—There shall be a Committee on subonWwte legislation to scrutinise and report to the Council whether the
\V\m I - S ic 1] T HE C.AZEIIE OF INDIA EXTRAORDINARY
t 1 yg.
powers delegated by Parliament have been properly exercised within the frame- work of the statute delegating such powers.
205. Constitution of the Committee.— (1) The Committee shall consist of fifteen members who shall be nominated by the Chairman.
(2) The Committee nominated under sub-rule (1) shall hold office until a new Committee is nominated.
(3) Casual vacancies in the Committee shall be filled by the Chairman,
206. Chairman of the Committee.—(1) The Chairman of the Committee shall be appointed by the Chairman from amongst the members of the Committee:
Provided that if the Deputy Chairman is a member of the Committee, he shall be appointed Chairman of the Committee.
(2) If the Chairman of the Committee is for any reason unable to act, the Chairman may similarly appoint another Chairman of the Committee in his place,
(3) If the Chairman of the Committee is absent from any meeting, the Com- mittee shall choose another member to act as Chairman of the Committee for that meeting.
207. Quorum.—(1) In order to constitute a meeting of the Committee the quorum shall be five.
(2) The Chairman of the Committee shall not vote in the first instance but In the case of an equality of votes on any matter, he shall have, and exercise, a casting vote.
208. Evidence before Committee.—(1) The Committee shall have power to require the attendanco of persons or the production of papers or records, if such a course is 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 safety or interest of the State.
(2) Subject to the provisions of this rule, a witness may be summoned by an order signed by the Secretary and shall produce such documents as are required for trie use of. the Committee,
(3) It shall be in the discretion of the Committee to treat any evidence tender- ed before it as secret or confidential.
20D. Duties of Committee.—After each rule, regulation, bye-law, scheme, or other statutory instrument framed in pursuance of the legislative functions delegated by Parliament to a subordinate authority, which is required to he laid before Parliament (hereinafter referred to as the "order") is so laid before the Council, the Committee shall, in particular, consider—•
(\) whether it is in accord with the general object of the Act pursuant to which it is made;
(ii) whether it contains matter which in the opinion of the ComTiittee should more properly be dealt with in an Act of Parliament;
(iii) whether it contains imposition of taxation; (iv) whether it directly or indirectly bars the jurisdiction of the court; fv) whether it gives retrospective effect to any of the provisions in respect of which the Act does not expressly give any such power;
(vi) whether it involves expenditure from the Consolidated Fund of India or the public revenues;
(vii) whether it appears to make some unusual or unexpected use of the powers conferred by the Act pursuant to which it is made; tviii) whether there appears to have been unjustifiable delay in its publica- tion or laying it before Parliament;
fix) whether for any reason its form or purport calls for any elucidation.
210. Report of the Committee.—(1) If the Committee is of opinion that any order should be annulled wholly or in part, or should be amendecf in any respect, it shall report that opinion and the grounds thereof to the Council.
1200 THE GAZETTE OF I.VDIA EXTRAORDINARY [PART I-SJ..C. 1^(U) If the Committee is of opinion that any other matter relating to any order should be brought to the notice of the Council, it may report that opinion and matter to the Council.
211. Presentation of the Report.—The report of the Committee shall be presented to the Council by the Chairman of the Committee or, in his absence, by any member of the Committee.
lilli. Reflation of procedure.—The Committee shall determine its own proce- dure in connection with all matters connected with the consideration of any ques- tion of subordinate legislation in the Committee.
CHAPTER XVIII—.Resignation and Vacatiⅈ of Seats in Council and heave of Absence from Meetings of Council
213. Resignation of seats In Council.—(1) As goon as may be, the Chairman shall, after he has received an intimation in writing from a member under his hand resigning his seat in the Council, inform the Council that such and such a member has resigned his- seat in the Council:
Provided that when the Council is not in session, the Chairman shall inform the Council immediately after the Council re-assembles, that such and such a member has resigned his seat in the Council during the inter-session period.
(2) Tile Secretary shall, us .so,on as may be, after the Chairman haa received such intimation from a member resigning his seat in the Council, 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.
214. Permission to remain absent from meetings of Council.—(1) A member wishing to obtain permission of the Council for remaining absent from meetings thereof under clause (4) of article 101 of the Constitution shall make an applica- tion in writing to the Chairman, stating the period for which he may be permit- ted to be absent from the meetings of the Council.
(2) After the receipt of an application under sub-rule (1) of this rule the Chairman shall, as soon as may be read out the application to the Council and ask: "Is it the pleasure of the Council that permission be granted to such and such a member for remaining absent from all meetings of the Council for such and such a period?" If no one dissents, the Chairman shall say: "Permission to remain absent is granted." ESut.if any dissentient voice is heard, the Chairman shall take the sense of the Council and thereupon declare the determination ot the Council.
(3) No discussion shall take place on any question before the Council under this rule.
(4) The Secretary shall, a.T soon as may he, after a decision has been signified by the Council, communicate it to the member.
2!5. Vacation of seats in Council.— (1) The seat of a member shall be declared vacant under clause (4) of article 101 of the Constitution, un a motion by the Leader of the Council or by such other member to whom he may delegate his functions in this behalf.
'2) If the- motion referred to in sub-rule f 1) of this rule is carried, the Secre- tary shall cause the information to be published in the Gazette and forward a copy of the notification to the Election Commission fur taking steps to fill the vacancy thus caused.
CHAPTER XIX—Amendment of Rules
216. Rules Committee.—A Committee on Rules shall be constituted to consider matters of procedure and conduct of business in the Council and to recommend any arr.>?ndments or additions to thes-1 rples that may be deemed necessary.
217. Composition of Rules Committee.—(i) The Committee on Rules shall be nominated by the Chairman of the Council and shall consist of fifteen members including the Chairman of the Council who shall be the e.r-o^icio Chairman of the Committee.
[r*"n i—(WJ i] THE (;A/I I IF. or I \ H IA I:\IKAORDINARY X2Q]
(2) The Committee nominated under sub-rule (1) shall hold office until a new Committee is nominated. Casual vacancies in the Committee shall be filled by the Chairman as soon as possible after they occur.
(3) If the Chairman of the Council is for any reason unable to act as Chair- man of the Committee he may appoint another Chairman of the Committee in his place.
(4) If the Chairman of the Committee is absent from any meeting, t he Committee ihall choose another member to act as Chairman of the Committee- for that meeting.
218, Quorum.-—(1) In order to constitute a meeting of the Committee the- quorum shall be seven.
(2) The Chairman of the Committee shall not vote in the first instance but in the case of an equality of votes on any matter he shall have, and exercise, a casting vote.
219. Laying of report on the Table Every report of the Committee containing
'its recommendations shall be laid on the Table.
22(1. Consideration of Report.—(1) As soon as may be after the report h as ibeen laid on the Table, a motion may be moved by a member of the Committee- •designated by ihe Chairman of the Council that the report of the Committee- ibe taken into consideration.
(2) Any member may give notice of amendment to the motion for consideration of the report in such form as may he considered appropriate by the Chairman.
(3) After the motion for consideration of the report has been earned, any member of the Committee designated by the Chairman may move that the Council agrees, or agrees with amendment' with the recommendations contained in the report.
(4) The amendments to the rules as approved by the Council shall come into force o:\ such dote as the Chairman of the Council may appoint.
CIL\PTER XX—Comrrmnicntions between the President und the Ctmnc'il
221. Communications from the President to the Council.—Communications from ihtf President to the Council shall be made to the Chairman by written message ^ionod by thr? President or, if the President Is absent from the place of meeting of the Council his message shall be conveyed to the Chairman through a Minister.
222. Communications from the Council to the President. —Communications from the Council to the President shall be made—
(1 • by formal address, after motion made and carried in the Council, and
(2; Through the Chairman.
CHATTER XXI.—General Rules of Procedure
Notices
223 Notices by Members.—•( 1) Every notice required by the rules shall be given m wilting addressed 1o the Secretary, and signed by the member giving notice, and shall be left at the. Council Notice Office which shall be open for thi? purpost: between the hours to be notified from lime to time on I'veiy dvy except Sunday or a public holiday.
(2) Notices left when the office is closed shall be treated as iiivca on the next ope a day.
224. Circulation of notices and papers to Members,—f 1) The Secretary shall mahr- every effort to circulate to each member a copy of every notice or other paper which is by these rules required to be made available for the use of members
I 202 T HE GA/.ETTE OF INDIA EXTRAORDINARY [PARI 1-SFC. I](2) A notice or other paper shall be deemed to have been made available for the use o[ every member if a copy thereof is deposited in such manner and in such pJuce as the Chuirman may, from time io time, direct.
225. Lapse of pending notices on prorogation of a Session.—On the prorogation of a Session, all ponding 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 Session:
Provided that fresh notice shall be necessary of intention to move for leave to introduce any Bill in respect of which sanction or recommendation has been granted under the Constitution, if the sanction or recommendation, as the case may be, has ceased to be operative.
22G. Business before Committee not to lapse on prorogation of Council.—Any business pending before a Committee shall not lapse by reason only of the pro- rogation of the Council and the Committee shall continue to function notwith- standing such prorogation.
227. Power of Chairman to amend a notice.—If in the opinion of the Chairman, any notice contains words, phrases or expressions which are argumentativej unparliamentary, ironical, irrelevant, verbose, or otherwise inappropriate, he may in his discretion amend such notice before it is circulated.
Motions
228. Repetition of motion.—A motion must not raise a question' substantially identical with one on which the Council has given decision in the same Session.
219: Withdrawal of motion.— (11 A member who has made a motion may withdraw the same by leave of the Council.
(2) The leave shall be signified not upon question but by the Chairman taking the pleasure of the Council. The Chairman shall ask: "Is it your pleasure that the motion be withdrawn?" If no orie dissents, the Chairman shall say: "The motion is by leave withdrawn." But if any dissent voice be heard or a member rises to continue the debate the Chairman shall forthwith put the motion:
Provided that if an amendment has been proposed to a motion, the original motion shall not be withdrawn until the amendment has been disposed of.
230. Dilatory motion (1) At any time after a motion has been made, a
member may move that the debate on the motion be adjourned.
(2) If the Chairman is of opinion that a motion for the adjournment of a debate is an abuse of the rules of the Council, he may either forthwith put the question thereon from the Chair or decline to propose the question.
Amendments
231. Scope of Amendment.— (1) An amendment shall be relevant to, and within the scope of the motion to which it is proposed.
12) An amendment shall not be moved which has merely the effect of a negative vote.
13) An amendment on a question shall not be inconsistent with a previous decision on the same question.
232. Notice of amendments.—Notice of an amendment to a motion shall be given at least one day before the day on which the motion is to be considered, unless the Chairman allows the amendment to be moved without such notice,
233. Selection of amendments.—(1) The Chairman may refuse to put an amendment which is in his opinion frivolous or meaningless
(2) In respect of any motion, the Chairman shall have power to select the amendments to be proposed, and may, if he thinks fit, call upon any member who has given notice of an amendment to give such explanation of the object of the amendment as may enable him to form a judgment upon it.
[PART I-PKC. 1J H IE GAZETTE OF INDIA EXTRAORDINARY l2Q-tTerras o/ the communication jar conveying recommendation or previous
sanction of the President
234. Recommendation or previous sanction, [how communicated.—Every re- commendation or previous sanction by the President shall be communicated by a Minister in the following terms;—
"The President having been informed of the subject matter of the pro- posed Bill, Motion, Resolution or amendment accords his previous sanction to the introduction of the Bill or the moving of the amend- ment or recommends the introduction of the Bill or the moving of the Motion, Resolution or amendment in the Council or recommends to the Council the consideration of the Bill."
and it shall be printed in the proceedings of the Council in such manner as the Chairman may direct.
Rules to be observed bj; Members
235. Rules to be observed by members while present in the Council.—Whilst the Council is sitting, a member—
(i) shall not read any book, newspaper or letter except in connection with the business of the Council;
(li) shall not interrupt any member while speaking by disorderly expres- sion or noises or in any other disorderly manner;
(iii) shall bow to the Chair while entering or leaving the Council, 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 the Council when the Chairman is addressing the Council;
(vi) shall always address the Chair; fviij shall keep to his usual seat while addressing the Council; (viii) shall maintain silence when not speaking in the Council; (ix) shall not obstruct proceedings, hiss or interrupt and avoid making running commentaries when speeches are being made in the Council.
236. Member to speak when called by Chairman,—When a member rises to speak, his name shall be called by the Chairman. If more members than one rise at the same time, the member whose name is so called shall be entitled to speak.
237. Mode of addressing the Council.—A member desiring to make any obser- vations on any matter before the Council shall speak from his place, shall rise when he speaKs and shall address the Chairman:
Provided that a member disabled by sickness or infirmity may be permitted to speak sitting.
238. Rules to be observed while speaking.—A member while speaking shall not—
(i) refer to any matter of fact ort which a judicial decision is pending;
(ii) make a personal charge against a member; (lii) use offensive expressions about the conduct or proceedings of the Houses or any State Legislature;
(iv) reflect on any determination of the Council except on a motion for rescinding it;
(v) reflect upon the conduct of persons in high authority unless the discussion is based on a substantive motion drawn in proper terms;
Explanation,—The words "persons in high authority" mean persons whose conduct can only be discussed on a substantive motion drawn in proper terms under the Constitution or such other persons whose conduct, in the opinion of the Chairman, should be discussed on a substantive motion drawn in terms to be approved by him;
(•fi) use the President's name for the purpose of influencing the debate;
I 2Q4 T HE GAZETTE OF INDIA EXTRAORDINARY |TAKT I-SEC. 1](vii) after treasonable, seditious - or defamatory words;
(viii) use his right of speech for the purpose of obstructing the business of the Council.
239. Questions to be asked through the Chairman.—When, for the purposes of explanation during discussion or for any other sufficient reason, any member has occasion to ask a question of another member on any matter then under the consideration of the Council, he shall ask the question through the Chairman.
240. Irrelevance or repetition.—The Chairman, after having called the atten- tion of the Council to the conduct of a member who persists in irrelevance or in tedious repetition either of his own argument? or of the arguments used by other members in debate, may direct him to discontinue his speech.
241. Personal explanation.—A member may, with the permission of the Chair- man, make a personal explanation allhough there is no question before the Council, but in this case no debatable matter may be brought forward, and no debate shall arise.
Order of speeches and right of reply
242. Order of speeches and right of reply.—(1) After the member who moves.
hfs spoken other members may speak to the motion in such order as the Chair- man may call upon them. If any member, who is so called upon docs not speak, he shall not be entitled, except by the permission of the Chairman, to speak to the motion at any later stage of the debate.
(2) Except in the exercise of a right of reply or as otherwise provided by these rules, no member shall speak more than once to any motion, except with the permission of the Chairman,
(3) A member who has moved a motion may speak again by way of reply,, and if the motion is moved by a private member, the Minister concerned may, with the uormission of the Chairman, sueak (whether he has previously spoken in ilv debote or not) aCter the mover has replied:
Provided that nothing in this sub-rule shall be deemed to give any right of reply to the mover of an amendment to a Bill or a resolution, save with the permission of the Chairman.
Procedure when Chairman rises
243. Procedure when Chairman rises.— (1) Whenever the Chairman rises he .shall be heard in silence and any member who is then speaking or offering to speak shall immediately sit down.
(£') No member shall leave his seat while the Chairman is addressing the Council,
Closure
244. 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 Chair- man that the motion is an abuse of these rules or an infringement of the right of reasonable debate, tho Chairman shall then put the motion; "That the question be now put."
(2) Where the motion: "That the question be now put" has bean carried, the question or questions consequent theieon shall be put forthwith without further debate:
Provided that the Chairman may allow any member uny right of reply which he may have under these rules.
245. Limitation of debate.—(1) Whenever the debate on any motion in connec- tion with a Bill or on any other motion becomes unduly protracted, the Chairman may, after taking the sense of the Council, fix the hour at which the debate shall conclude.
(2) The Chairman shall at such appointed hour, unless the debate be sooner concluded, proceed forthwith to put all such questions as may be neqessary to. determine the decision of the Council on the original question.
[1'ARI 1-fVf. J] THE GAZETTE OF INDIA EXTRAORDINARY I20SQuestion for decision 246. Procedure for obtaining decision of the Council.—A matter requiring the decision of the Council shall be decided by means of a question put by the Chairman on a motion made by a member.
247. Proposal and putting of question,—When a motion has been made; the Chairman shall propose the question for consideration, and put it for the decision,. of the Council. If a motion embodies two or more separate propositions (hose propositions may be proposed by the Chairman aa separate questions.
248. No speech after voices collected.—A member shall not speak on a q u e s- tion after the Chairman has collected the voices both of the Ayes und of the- Noes on that question.
Papers quoted to be laid on the Table
°4"! Papers quoted to be laid on the Table.—I' a Minister quotes in the Council1 a despatch or other Slate Paper which has not been presented to the Council, he shall lay the relevant paper on the Table:
Provided that trSIs rule shall not apnlv to av:y do.'uments which arc stated by iha Minister to be of such a nfture that their produdien would be inconsistent with public interest;
Provided further that where a Minister gives in his own words a summary or sisi of such despatch or State Paper it shall not be necessary to lay the- relevant papers on ihP Table.
250, P a c ^s J?ul ''<1 the Tab!? (o be pubJ
Statement by a Minister
251 Statement by a Minister.—A statement may bt rr.jde by a Minister on a matter of public importance with the consent of the Chairman but no question shall be asked at the time the statement is made.
Din'ston
252 Division.—(1) On the conclusion of a debate, the Chairman shall put t he qu stion and invite those who are in favour of the motion to say Aye and) th;"-e against the motion to say "No".
>'2) The Chairman shall then say: "I ihink the Ayes (or the Noes, as the cat,' may be) have it". If the opinion of the Chairman as to the decision of a question is not challenged, he shall say twice: "The Ayes (or the Noes, as the ^ase may be) have it" and the question before the Council shall be determined accordingly.
(3) If the opinion of the Chairman as -i the O^cr ion of a question is chal- lenged, he may, if he thinks fit, ask the members who are for ' A ye and those for "No" respectively to rise in their places :,nd, on a count being taken, he may declare the determination of the Council. In such a case, the names of the voters shall not be recorded.
(4) (a) If the opinion of the Chairman as to the decision of a question IF challenged and he does not adopt the corn---- provided for in sub-rule (3) above, he shall order a "Division" to be held.
(b) After the lapse of two minutes, 1- • '^ili -jut the question a second time and declare whether in his opinion the "Ay.::" u.- the "Noes" have jt.
(c) If the opinion so declared is again challenged, votes shall be taken by operating the automatic vote recorder or by the members fining into the Lobbies. 253 Division bv operating automatic vote r e c o v e r . — ( l) If the opinion declared under clause (b) of sub-rule (4) of rule 252 is challenged and the Chairman decides that the votes shall V taken hv operating the uutomatic vote recorder, he shall direct that the votes }:•> recorded and thereupon the a u t o m a t ic vote recorder shall be put into operation .:id the members shall cast their votes from the seats respectively allotted to them by pressing the buttons provided for the purpose.
(2) After the result of the voting appears on the indicator board, the Secretary- shall present the totals of "Ayes" and "No^s" to the Chairman.
1206 THE GAZETTE Ol- INDIA EXTRAORDINARY [1'AIU !—SPI:. 1]may, with the permission of the Chairman, have his vote recorded verbally by stating whether he is in .favour of or against the motion.
(5) If a member finds that he has voted by mistake by pressing the wrong button, he may be allowed to correct his mistake provided he brings it to the notice of the Chairman before the result of the division is announced.
254, Division by going' Into the Lobbies.—(l)If the opinion declared under clause (b) of sub-rule (4) of rule 252 is challenged and the Chairman decides that the votes shall be recorded by the members going into the Lobbies, he shall direct the *Ayes" to go into the Right Lobby and the "Noes" into the Left Lobby. In the "Ayes" or "Noes" Lobby, as the case may be, each member shall call out his Divi- sion Number and the Division Clerk, while marking oif his number on the Division List, shall simultaneously call out the name of the member.
(2) After voting in the Lobbies is completed, the Division Clerks shall hand over the Division Lists to the Secretary, who shall count the votes and present the totals of "Ayes" and "Noes" to the Chairman.
(3) The result of a division shall be announced by the Chairman and shall not be challenged.
(4) A member who is unable to go to the Division Lobby owing to sickness or Infirmity may, with the permission of the Chairman, have his vote recorded either at his seat or In the Members' Lobby.
(5) If a member finds that he has voted by mistake in the wrong Lobby, he may be allowed to correct his mistake provided he brings it to the notice of the Chairman before the result of the Division Is announced.
(6) When the Division Clerks have brought the Division Lists to the Secretary's table, a member who has not up to that time recorded his vote but who then wishes to have his vote recorded may do no with the permission of the Chairman. Withdrawal and Suspension of Members
*>5S Withdrawal of a member.—The Chairman may direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately from the Council and any member so ordered to withdraw shall do so forthwith and "nall absent himself during the remainder of the day's meeting,
256 Suspension of a member.—(1) The Chairman may, if he deems it necessary, name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and wilfully obstructing the business thereof.
C) If a member is so named by the Chairman, he shall forthwith put the auction on a motion being made, no amendment, adjournment or debate being allowed that the member (naming him) be suspended from the service of the Council'for a pmod not exceeding the remainder of the session:
Provided that the Council may, at any time, on a motion being made, reso'vo that such suspension be terminated.
(3) A member suspended under this rule shall forthwith quit the precincts of the Council.
Suspension of Sitting
'"M Power of Chairman to adjourn Council or suspend sitting.—In the case of wave disorder arising in the Council, the Chairman may, If he thinks it necessary to do so. adjourn the Council or suspend any sitting for a time to be named by him.
Points of Order
258 Points of order and decisions thereon..—(1)Any member may at any time submit a point of order for the decision of the Chairman, but, in doing so, shall confine himself to stating the point.
(2) The Chairman shall decide all points of order which may arise, and hi9
decision shall be final.
Maintenance of Order
2" Chairman to preserve order and enforce decisions,—The Chairman shall preserve order and shall have all powers necessary for the purpose of enfomng his decisions,
Report of Proceedings
2fiO —Report of proceedings of Council.—The Secretary shall cause to be pre- pared a fSHeport of the proceedings of the Council at each of its meetings and K at soon as practicable publish it in such form and manner as the Chairman may, from time to time, direct.
TART I~SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1207261. Expunging of words from debates.—If the Chairman is of opinion that a word or words has or have been used In debate which la 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 Council.
262. Indication In printed debates of expunged proceedings.—The portion of the proceedings of the Council so expunged shall be Indicated by asterisks and an explanatory footnote shall be Inserted in the proceedings as follows;
"Expunged as ordered by the Chair."
Admission of Officers of the House
263. Officers of the House entitled to admission to a sitting of the Council.— Any officer of the Secretarial stafT of the House shall be entitled to admission to the Council Chamber during any sitting of the Council.
Admission of Strangers
264. Admission of strangers.—The admission of strangers during the sittings of the Council to those portions of the Council which are not reserved for the exclusive use of members shall be regulated in accordance with orders made by the Chairman.
265. Writhdrawal of strangers.—The Chairman, whenever he thinks fit, may order the withdrawal of strangers from any part of the Council.
Residuary Powers
266. Residuary powera.—All matters not specifically provided in these rules and all questions relating to the detailed working of these rules shall be regulated iti such manner as the Chairman may, from time to time, direct.
Suspension of Rules
267. Suspension of Rules.—Any member may, with the consent of the Chairman, move that any rule may be suspended in its application to a particular motion before the Council and if the motion is carried the rule in question shall be sus- pended for the time being.
SCHEDULE—Form of Petition
(See rule 139)
To
THE COUNCIL OF STATES CRAJYA SABHA)
The petition of
(Here insert name and designation or description of petitioner (s) In concise form, e.g., "A.B. and others" or "the inhabitants of " or "the municipality of " etc)
sheweth
(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 pending before the Council or a matter of general public interest.)
Name of petitioner Address Signature or thumb impression
ountersignature of Member presenting.
1208 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 11No. RS.13/l/63-L(2).—In exercise of the powers conferred by sub-rule (2) of rule 1 of the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha) published under Notification No. RS. 13/l/63-L(l), dated the 1st July, 1964, in the Gazette of India Extraordinary of the 1st July, 1B64, the Chairman, Rajya Sabha, hereby appoints the 1st day of July, 1964, as the date on which the said Rules shall come into force.
B. N. BANERJEE, SUCjy'.
PRINTED IN INDIA BY THE GbNERAL MANAGER. GOVERNMENT OF INDIA PRESS.
NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHf, 1 9 64
- competent to preside over I S t f f i ' ^ ^ M u ^ S ' S f M i f fi STef, ↩
- "° m e m b er ShaU S p e ak f or m o re t h an flve » * *« ↩
- shall not be challenged. (4) A member who is not able to cast his vote by pressing the button pro- vided for the purpose due to any reafun coisidficd sufP-iont by the Chairman, ↩