REGISTERED NO. D. 221
The Gazette of India
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No.153] NEW DELHI, SATURDAY, JULY 1, 1972 ASADHA 10, 1894
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 1972
No. RS.7//l/70-L(1).—The following amendments to the Rules of Procedure a nd Conduct of Business in the Council of States (Rajya Sabha) as adopted by the Rajya Sabha at its sitting held on the 1st June, 1972, are hereby published for general information:—
Rule 180
1. For sub-rule (5), the following sub-rule be substituted, namely: —
(5) The proposed matter shall be raised after the questions and the laying of papers, if any, on the Table and before any other item in the list of business is taken up and at no other time during the sitting of the Council.
(1309)
1310 THE GAZETTE OF INDIA EXTRAORDINARY [PASX 1—Sen. "F,Rule 204
2. For rule 204, the following rule be substituted, namely:—
204. Committee on Subordinate Legislation,—There shall be a Cammittet.
on Subordinate Legislation to scrutinize and report to the CouracSI whether the powers to make rules, regulations, bye-laws, scheme* or other statutory instruments conferred by the Constitution, or dete- gated by Parliament have been properly exercised within such, con- ferment or delegation, as the case may be.
Rule 209
3. For rule 209, the following rule be substituted, namely:—
209. Duties of Committee.—After each rule, regulation, bye-law,.,schema w other statutory instrument (hereinafter referred to as the 'oj;der*>- framed in pursuance of the Constitution or the legislative fimcticHWfc delegated by Parliament to a subordinate authority and which, iff r e- quired to be laid before Parliament, is so laid before the Councii,. tlfoe: Committee shall, in particular consider—•
(i) whether the order is in accord with the provisions of the Constftutio*..
or the Act pursuant to which it is made;
(ii) whether the order contains matter which in the opinion of the Com- mittee should more p-roperly be dealt with in an Act' Of Parlitarent;
(iii) whether the order contains imposition of taxation;
(iv) whether the order directly or indirectly bars the jurisdiction off the court;
(vi whether the order gives retrospective effect to any of the provision? in respect of which the Constitution or the Act does not expreasicy give any such power;
(vi) whether the order involves expenditure from the Consolidated Fund of India or the public revenues;
(vii) whether the order appears to make some unusual orunexpectcd tt-re Of the power conferred by the Constitution or-thrTft"inww*u.-"'j. i which it is made;
(viii) whe'ber there appears to have been unjustifiable delay m its poS*I~ cation ov laying the order before Parliament;
(ix) whether for any reason the form or purport of the order calls ft*x any elucidation.
4. After rule 212, the following new rules be inserted, namely:—
CHAPTER XVTI-A
Coinmittec on Government Assurances
OT>(A1 Committee dn Government Assurances.—There .shall be a Cam- miUee™ Government Assurances to scrutinize the assurances, ps*- raises undertakings etc., Riven 'by Ministers, from time to time,_"n the floor of the Council and to report on—
(a) the extent to whkh such assurances, promises, undertaklnr-s esfc*.
have been implemented; and
(h) wlvn implemented whether such implementation has taken pT^v within the minimum time necessary^for the purpose.
212 (B) Constitution of the Committee-(1) ™e
t,c"mmitoe shall c o n s i st ten members who shall be nominated by the Chairman.
(2) The Committee nominated under sub-rule (1) shall hold office ontH'* new Committee Is nominated.
[PART I—tec 1] THE GAZETTE OF INDIA EXTRAORDINARY 13 r i:(3) Casual vacancies in the Comrnittee shall be filled by the Chairman.
212 (C). 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 cf the Committee is absent from any meeting, the Committee shall choose another member to act as Chairman of the Committee for that meeting.
212 (D). 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.
212(E). Power to take evidence or call for papers, records or documents.— (1) The Committee 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:
Provided that Goyernment may decline to produce a document on the ground that its disclosure would be prejudicial to the safety or inter- est of the State.
(2) Subject to the provision of this rule, a witness may be summoned by an order signed by the Secretary and shall produce sucli" documents as are required for the use of the Committee,
(3) It shall be in the discretion of the Committee to treat any evidence
tendered before it as secret or confidential.
212(F). Presentation of the Report.—The Report of the Committe? shall be presented to the Council by the Chairman of the Committee or, in irrs-TiT5sence, by any member of the Committee,
212(Gi). Regulation of Procedure,—The> Committee shall determine its own procedure in connection with all matters1 connected with the consi- deration of any question of assurances, promises, undertakings,
B. N. B A N E R J E E, Secy.
H3I2 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. i] (P**T I—SEC. 1] THE GAZETTE OF'INDIA EXTRAORDINARY 1313.1 1314 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-^SHC, 1]