RULES OF PROCEDURE AND CONDUCT OF BUSINESS
IN KARNATAKA LEGISLATIVE ASSEMBLY
CHAPTER-I
SHORT TITLE AND DEFINITIONS
Rule - 1. Short Title.
These
rules may be called "the Rules of Procedure and Conduct of Business in
Karnataka Legislative Assembly".
Rule - 2. Definitions.
(1)
In the rules unless the context
otherwise requires: "House" means the Legislative Assembly of
Karnataka; "Bulletin" means the Bulletin of the House containing;
(a)
a brief record of the proceedings of
the House at each of its sittings,
(b)
Information on any matter relating to
or connected with the business of the House or other matter which in the
opinion of the Speaker may be included therein and
(c)
Information regarding Legislative
Committees;
"Clear
days" includes Sundays and Holidays."
"Committee"
means a Committee which is appointed or elected by the House or nominated by
the Speaker and which works under the direction of the Speaker and presents its
report to the House or to the Speaker and the Secretariat for which is provided
by the Legislative Assembly Secretariat;
"The
Constitution" means the Constitution of India;
"Council"
means the Legislative Council of Karnataka;
Pursuant
to the motion adopted by the Karnataka Legislative Assembly on 7-9-94, these
rules come into force from the date of their publication in the Karnataka
Gazette (Extra Ordinary) dated 26-11-1994.
"Finance
Minister" means the Minister incharge of the Finance and includes any
Minister (performing the functions of the Finance Minister);
"Gazette"
means the Karnataka Gazette;
"Leader
of the House" means the Chief Minister if he is a member of the House or a
Minister who is a member of the House and is nominated by the Chief Minister to
function as the Leader of the House;
"Lobby"
means the covered corridors immediately adjoining the Chamber and co-terminus
with it;
"Legislative
Assembly Secretariat" means which includes the Secretariat at Bangalore
and any Camp Office set up outside Bangalore for the time being for or under
the authority of the Speaker;
"Member"
means a member of the House;
"Member
in charge of the Bill" means the member who has introduced the Bill and
any Minister in the case of a Government Bill;
"Minister"
means a member of the Council of Ministers and includes a Minister of State, a
Deputy Minister, Government Chief Whip, Chief Whip of Opposition Party and a
Parliamentary Secretary;
"Motion"
means any subject matter brought before the Assembly for consideration in
accordance with these rules;
"Precincts
of the House" means and includes the chamber, lobbies, the galleries,
Legislators' Home and
such other places as the Speaker may from time to time specify;
"Private
Member" means a member other than a Minister;
"Secretary"
means the Secretary to the Assembly, and includes any person for the time being
performing the duties of the Secretary;
"Statutory
Motion" means a motion which is made in pursuance of any statute or
enactment for the time being in force;
"Session"
means the period of time between the first meeting of Assembly upon the summons
of the Governor under Article 174(1) of the Constitution and its prorogation or
dissolution under clause (2) thereof.
"Table"
means the table of the House;
(2)
Words and expression used in the
Constitution and also in these rules shall, unless the context otherwise requires
have the meanings assigned to them in the Constitution.
Originating
House: "Originating House" means the House in which a Bill is
originally introduced;
Recognition
of Party or Group: "Recognition of Party or Group" means the Speaker
may recognise an association of member as a party or group for the purpose of
functioning in the House and his decision shall be final.
Resolution:
"Resolution" means a motion other than a Statutory Motion for the
purpose of discussion a matter of Public Importance which may be in the form of
declaration of opinion or a recommendation or may be in the form so as to
record either approval or disapproval by the House of an act or policy of
Government or convey a message or commend, urge or request an action; or call
attention to a matter of situation for consideration by Government; or in such
other form as the Speaker may consider appropriate.
Government
Business: "Government Business" means the Government Business
includes all business other than private members business;
Leader
of Opposition: "Leader of Opposition" means Leader of a Legislature
Party having the largest number of members other than the party which has
formed the Government and having more than the quorum strength prescribed and
recognised by the Speaker as such;
Provided
that if more than one party has got equal number of members competing for
recognition, the number of votes polled by the members of each group in the
General Elections shall be-calculated and the group which has polled more
number of votes shall be recognised as the official opposition and its leader
as the Leader of the Opposition;
Provided
further that if the total number of votes polled by both the groups is equal,
then the office of the Leader of the Opposition party shall be held alternative
and the order in which they will hold office shall be decided by drawing lots.
Legislature
Group: "Legislature Group" Means 1/4 of the quorum i.e., group of 6
members belonging to Legislature party shall form a legislature group and shall
be recognised as "Legislature Group".
CHAPTER-II SUMMONS
TO MEMBERS, SEATING, OATH OR AFFIRMATION AND ROLL OF MEMBERS
Rule - 3. Summons to Members.
The
Secretary shall issue summons to each member specifying the date and place for
a session of the House;
Provided
that when a session is called at short notice or emergently, summons may not be
issued to each member separately but an announcement of the date and place of
the session shall be published in the Gazette and made in the press, and
members may be informed by telegram.
Rule - 4. Seating of Members.
The
members shall sit in such order as the Speaker may determine.
Rule - 5. Oath or Affirmation.
A
member who has not already made and subscribed an oath or affirmation, in
pursuance of Article 188 of the Constitution, may do so at the commencement of
a sitting of the House, or at any other time of the sittings of the House, as
the Speaker may direct, on any day after giving previous notice in writing to
the Secretary.
Rule - 6. Roll of Members.
There
shall be a Roll of Members of the House which shall be signed in the presence
of the Secretary by every member, before taking his seat.
CHAPTER-III ELECTION
OF SPEAKER AND DEPUTY SPEAKER AND PANEL OF CHAIRMEN
Rule - 7. Election of Speaker.
(1) The Election of Speaker
shall be held on such date as the Governor may fix and the Secretary shall
thereupon send to every member notice of the date so fixed.
(2) At any time before
noon on the day preceding the date so fixed, any member may give notice in
writing, addressed to the Secretary, of a motion that another member be chosen
as the Speaker and the notice shall be seconded by a third member and shall be
accompanied by a statement by the member whose name is proposed in the notice
that he is willing to serve as Speaker, if elected;
Provided
that a member shall not propose his own name or second a motion proposing his
own name, or propose or second more than one motion.
(3) Such notice shall be
delivered to the Secretary in person by the candidate, proposer or seconder and
a notice not so delivered in person shall not be valid.
(4) 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.
(5) The motions which
have been moved and duly seconded shall be put one by one in the order in which
they have been moved and decided, if necessary, by-division. If any motion is
carried, the person presiding shall, without putting later motions, declare
that the member proposed in the motion which has been carried has been chosen
as the Speaker of the House.
(6) The date so fixed
should be "not later than immediate next session" for the appointment
of Speaker when the post is vacant.
Rule - 8. Election of Deputy Speaker.
(1) The Election of
Deputy Speaker shall be held as early as possible and on such date as the
Speaker may fix, and the Secretary shall thereupon send to every member notice
of the date so fixed.
(2) The provisions of sub
rules (2) to (5) (both inclusive) of rule 7 shall apply mutatis mutandis to
such election.
(3) If a vacancy in the
office of the Deputy Speaker occurs during the life of the House, a fresh
election shall be held in accordance with the procedure herein before
mentioned.
(4) And the date so fixed
shall not be later than the immediate next session.
Rule - 9. Panel of Chairmen.
(1) At the commencement
of every session or from time to time, as the case may be, the Speaker shall
nominate from amongst the members of the House a panel of not more than six
Chairmen, any one of whom may preside over the House in the absence of the
Speaker and the Deputy Speaker, when so requested by the Speaker, or in his
absence, by the Deputy Speaker, or in his absence, also by the Chairman
Presiding.
Provided
that when both the Speaker and the Deputy Speaker are absent, and no request as
above has been made any member in the panel as shown in the list in the order
in which they have been nominated by the Speaker shall preside over the House.
(2) The members of Panel
of Chairmen nominated under sub-rule(1) shall hold office until new Panel of
Chairmen have been nominated.
Rule - 10. Power of persons presiding.
The
Deputy Speaker or any member of the House shall, when presiding over the House,
have the same powers as the Speaker when so presiding and all references to the
Speaker in these rules shall in these circumstances be deemed to be references
to any such person so presiding.
Rule - 11. Delegation of Powers to Deputy Speaker.
When
by reason of illness or of absence from India or for any other sufficient
cause, the Speaker is unable to exercise any of his powers or discharge any of
his functions, he may by order in writing delegate to the Deputy Speaker such
of his powers and functions as he may deem fit. He may likewise revoke any such
delegation.
CHAPTER-IV SITTINGS
OF THE HOUSE
Rule - 12. Sitting of the House duly constituted.
A
sitting of the House is duly constituted when it is presided over by the
Speaker or other member competent to preside over a sitting of the House under
the Constitution or these rules.
Rule - 13. Sittings of the House.
The
House shall sit on such days as the Speaker, having regard to the state of
business of the House, may from time to time direct.
Rule - 14. Commencement and conclusion of sittings.
Sittings
of the House shall, subject to the direction of the Speaker, ordinarily
commence at 11.00 hours. Unless the Speaker otherwise directs, sittings of the House
on any day shall ordinarily conclude at 17.00 hours.
Rule - 15. Adjournment of the House.
The
Speaker shall determine the time when a sitting of the House shall be adjourned
sine die or to a day or hour or part of the same day;
Provided
that the Speaker may, if he thinks fit, call a sitting of the House before the
date or time to which it has been adjourned or at any time after the House has
been adjourned sine die.
Rule - 16. Secretary's Report.
At
the commencement of every session and after the new members, if any, have taken
their seats, the Secretary shall lay on the Table of the House a list of Bills
which have received the assent of the Governor or the President.
Rule - 17. Lapse of Pending notices on prorogation of House.
(1) A session of the
House is terminated by prorogation.
(2) On the prorogation of
the House, all pending notices other than notices of intention to move for
leave to introduce a Bill, shall lapse and fresh notice shall be given for the
next session;
Provided
that a fresh notice shall be necessary, if 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.
Rule - 18. Motion, resolution or amendment moved not to lapse.
(1) A motion, resolution
or an amendment which has been moved and is pending in the House, shall not
lapse by reason only of the prorogation of the House.
(2) Any business pending
before a Committee shall not lapse by reason only of the prorogation of the
House and the Committee shall continue to function not withstanding such
prorogation.
CHAPTER-V GOVERNOR'S
ADDRESS AND MESSAGE TO THE HOUSE
Rule - 19. Allotment of time for discussion of Governor's Address.
(1) The Secretary shall
report to the House that the Governor was pleased to address the Legislature
and place a copy of it on the Table of the House.
(2) On the day of
Governor's Address, after the Address the House shall sit again for a short
while to transact some formal business.
(3) The Speaker shall, in
consultation with the Leader of the House, along with the Leader of Opposition,
allot time for the discussion of the matters, referred to in Governor's Address
to the Houses under article 176 of the Constitution.
Rule - 20. Scope of discussion.
On
such day or days or part of any day, the House shall be at liberty to discuss
the matters referred to in such Address on a Motion of Thanks moved by a member
and seconded by another member.
Rule - 21. Amendments.
Amendments
may be moved to such Motion of Thanks in such form as may be considered
appropriate by the Speaker.
Rule - 22. Other Business that may be taken up.
(1) Not withstanding that
a day has been allotted for discussion on the Governor's Address-
(i) 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; and
(ii) other business of a
formal character may be transacted on such day before the House commences or
continues the discussion on the Address.
(2) The discussion on the
Address may be postponed in favour of a Government Bill or other Government
business on a motion being made that the discussion on the Address be adjourned
to a subsequent day to be appointed by Speaker. The Speaker shall forthwith put
the question, no amendments or debate being allowed.
(3) The discussion on the
Address shall be interrupted in the course of a sitting by an adjournment
motion under rule 60.
Rule - 23. Government's right of reply.
The
Chief Minister or any other Minister, whether he has previously taken part in
the discussion or not, shall on behalf of the Government have a general right
of explaining the position of the Government at the end of the discussion and
the Speaker may enquire how much time will be required for the speech so that
he may fix the hour by which the discussion shall conclude.
Rule - 24. Time limit for speeches.
The
Speaker may, if he thinks fit, prescribe a time limit for speeches after taking
the sense of the House.
Rule - 25. Governor's Address under Article 175(1) of the Constitution.
The
Speaker may allot time for the discussion of the matters referred to in the
Governor's Address under Article 175(1) of the Constitution.
Rule - 26. Messages by the Governor.
Where
a message from the Governor for the House under Article 175(2) of the
Constitution is received by the Speaker, he shall read the message to the House
and give necessary directions in regard to the procedure that shall be followed
for the consideration of matters referred to in the message. In giving these
directions, the Speaker shall be empowered to suspend or vary the rules to such
extent as may be necessary.
Rule - 27. Observance of Order during Governor's Address.
When
the Houses of the Legislature are assembled together under Article 175 or 176
or when the members of the Assembly alone are assembled under Article 175 of
the Constitution, no member shall obstruct or interrupt the Address either
before or after the Address during its duration with any speech or point of
order or in any other manner and such obstruction or interruption shall be
regarded as a gross breach of order of the House and shall be dealt with by the
Speaker as such in the next sitting of the Assembly.
Rule - 28. Address at the time of Prorogation.
When
the Governor prorogues the House or Houses he may address the House or Houses
as the case may be.
CHAPTER-VI ARRANGEMENT
OF BUSINESS AND LIST OF BUSINESS
Rule - 29. Arrangement of Government Business.
On
days allotted for the transaction of Government business, such business shall
have precedence and the Secretary, shall arrange that business in such order as
the Speaker may, in consultation with the Leader of the House determine.
Provided
that such order of business shall not be varied on the day that business is set
down for disposal unless the Speaker is satisfied that there is sufficient
ground for such variation.
Rule - 30. Allotment of time for Private Members' Business.
The
last two and a half hours of a sitting on Thursday shall be allotted for the
transaction of Private Members' Business.
Provided
that the Speaker may allot different Thursdays for the disposal of different
classes of such business and on Thursdays so allotted for any particular class
of business, of that class shall have precedence.
Provided
further that the Speaker may in consultation with the Leader of the House, may
allot any day other than a Thursday for the transaction of Private Members'
Business.
Provided
further that if there is no sitting of the House on a Thursday, the Speaker may
direct that two and a half hours on any other day in the week may be allotted
for Private Members' Business.
Private
Members' business shall be taken up for discussion on Thursday. Also a time
limit shall be fixed for the Members who move the resolution and for other
members for discussion. The discussion shall be completed within the time
stipulated by the Speaker and the discussion shall be completed on the same day
with a reply by the Government. If the Member who moved the resolution is not
present in the House, opportunity be given for discussion on the next day and
discussion shall be completed with a reply by the Government on the same day.
Rule - 31. Precedence of Private Members' Bills.
(1) On a day allotted for
the disposal of Private Members' Bills, such Bill have relative precedence in
the following order namely:-
(a) Bills in respect of
which the motion is that leave be granted to introduce the Bill;
(b) Bills returned by the
Governor with a message under Article 200 or 201 of the Constitution;
(c) Bills which have been
passed by the House and returned by the Council with amendment;
(d) Bills which have been
passed by the Council and transmitted to the House;
(e) Bills in respect of
which a motion has been carried that the Bill be taken into consideration;
(f) Bills in respect of which
the report of a Select or Joint Committee has been presented;
(g) Bills which have been
circulated for the purpose of eliciting opinion thereon;
(h) Bills introduced and
in respect of which no further motion has been made or carried; and
(i) Other Bills;
(2) The relative
precedence of Bills falling under same clause of sub-rule (1) shall be
determined by ballot to be held in accordance with the orders made by the
Speaker and in such day in such manner as the Speaker may direct;
Provided
that the motion in respect of Bills falling under clause (a) of sub-rule (1)
shall be entered in the list of business in the order in which notices of such
motions have been received in point of time;
Provided
further that Bills falling under clause (h) of sub-rule (1) which are classified
by the Committee on Private Members' Bills and Resolutions as Category-A shall
have precedence over Bills classified as Category-B, and that the relative
precedence of Bills falling under each of these categories shall be determined
by ballot separately;
Provided
further that where the Committee has not classified the Bills falling under
clause (h) of sub-rule (1) as Category-A and Category-B the order in which such
Bills shall be put down in the list of business shall be determined by ballot
in accordance with such directions as the Speaker may give.
The
Speaker may, by special order to be announced in the House make such variations
in the relative precedences of Bills set out in sub rule (1) as he may consider
necessary or convenient.
Rule - 32. Precedence of Private Members' Resolutions.
A
ballot of names of members desiring to move a resolution shall be held in
accordance with orders made by the Speaker on such day as the Speaker may
direct.
Rule - 33. 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 not withstanding anything contained in rules 31 and 32 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.
Rule - 34. Resumption of adjourned debate on Private Members' Bill or Resolution.
(1) When on a motion
being carried, the debate on a Private Members' Bill or Resolution is adjourned
to the next day allotted for Private Member's business in the same or next
session it shall 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
members-in-charge 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 subsequent
day allotted for Private Member's 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.
Rule - 35. List of Business.
(1) A list of business
for the day shall be prepared by the Secretary and a copy thereof together with
other papers if any, shall be made available for the use of every member the
previous day;
Provided
the Speaker may suspend the operation of this rule in respect of any particular
day or days.
(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 Speaker.
(3) Save as otherwise
provided in the rules or unless the Speaker otherwise directs 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 Speaker
otherwise directs, not more than 5 resolutions in addition to any resolution
which is outstanding under the proviso to rule 33, shall be set down in the
list of business for any day allotted for the disposal of Private Member's
Resolution.
Rule - 36. Resolution of congratulation or condolence.
A
Resolution of congratulation or condolence may with the permission of the
Speaker and subject to the provisions regulating the discussion of resolution
be moved at any time.
Rule - 37. Reference of congratulation or condolence.
The
Speaker or a Minister or a Member with the permission of the Speaker make a
reference of congratulation or of condolence and the House may approve the
reference without a formal resolution duly placed before the House.
CHAPTER-VII QUESTIONS
Rule - 38. Question Hour.
Unless
the Speaker otherwise directs, the first Hour of every day of sitting shall be
available for asking and answering of questions.
Rule - 39. Period of Notice.
Unless
the Speaker otherwise directs, not less than fifteen and not more than thirty
clear days notice of a question shall be given.
Rule - 40. Form of Notice.
(1) Notice of a question
shall be given in writing to the Secretary and shall specify-
(a) The official
designation of the Minister to whom the question is addressed and
(b) The date on which the
question is proposed to be placed on the list of questions for answer.
(2) Where a notice is
signed by more than one member, it shall be deemed to have been given by the
first signatory only.
(3) The order of
preference, if any, for its being placed on the list of questions, where a
member tables more than one notice of questions for the same day.
Rule - 41. Notice of admitted questions to Ministers.
Unless
the Speaker otherwise directs no question shall be placed on the list of
questions for answer until ten days have expired from the day when notice of
such question was given by the Secretary to the Minister to whom it was
addressed.
Rule - 42. Starred questions.
A
Member who desires an oral answer to his question shall distinguish it by an
asterisk. If he does not distinguish it by an asterisk, the question shall be
placed on the list of questions for written answer.
Rule - 43. Limit of number of Starred Questions.
(1) Not more than one
question distinguished by an asterisk by the same member and not more than
fifteen questions in all shall be placed on the list of questions for oral
answer on any one day.
Provided
that when a question is postponed or transferred from one list of questions for
oral answer to another, more than one question may stand in the name of one
member and the total number of questions may exceed by such postponed or
transferred questions.
(2) The order in which
questions for oral answer to be placed shall be indicated by the member giving
notice, and if no such order is indicated the questions shall be placed on the
list of questions for oral answer in the order in which notices are received in
point of time.
Rule - 44. Rotational allotment of days for questions.
The
time available for answering questions shall be allotted on different days in
rotation for the answering of question relating to such Department or
Departments as the Speaker, may, from time to time, provide and on each such
day, unless the Speaker with the consent of the Minister concerned otherwise
directs, only questions relating to the Department or Departments for which
time has been allotted on that day shall be placed on the list of questions for
oral answer.
Rule - 45. Unstirred Questions.
(1) If a question is not
distinguished by an asterisk or if a question placed on the list of questions
for oral answer on any day is not called for answer within the time available
for answering questions on that day, a written answer to such question shall be
deemed to have been laid on the Table at the end of the Question Hour or as
soon as the questions for oral answer have been disposed of, as the case may
be, by the Minister to whom the question is addressed:
Provided
that if a member, on being called by the Speaker, states that it is not his
intention to ask the question standing in his name, the question shall be
treated as having been withdrawn and no written answer thereto shall be deemed
to have been laid on the Table.
(2) If there is no
Question Hour on any day on which the House sits, written answers to questions
placed on the list of questions for written answer on that day if any shall be
laid on the Table by a Minister on behalf of all Ministers to whom such
questions are addressed.
(a) Questions which have
been admitted and not included in the list of questions for oral answer shall
be included in the list of questions for written answer, in accordance with the
orders of the Speaker.
(b) In the list of
questions for written answer on any one day, not more than four questions by
the same member if he has one question in the list of questions for oral
answer, and not more than five questions if he has none in the list of
questions for oral answer, and not more than 230 questions in all, shall be
included.
(3) No oral reply shall
be required to a question to which a written answer is given and no
supplementary questions shall be asked in respect thereof.
Rule - 46. Question to Private Members.
A
question may be addressed to a Private Member provided the subject matter of
the question relates to some Bill, resolution or other matter connected with
the business of the House for which that member is responsible; and the
procedure in regard to such questions shall, as far as may be, the same as that
followed in the case of questions addressed to a Minister with such variations
as the Speaker may consider necessary or convenient.
Rule - 47. Conditions of admissibility of questions.
(1) Subject to the
provisions of Sub-rule (2), a question may be asked for the purpose of
obtaining information on a matter of public importance within the special
cognisance of the Minister to whom it is addressed.
(2) The right to ask a
question is governed by the following conditions:-
(a) it shall relate to a
single matter;
(b) it shall be so framed
as to be merely a request for information;
(c) it shall not be vague
or unintelligible;
(d) it shall not bring in
any name or statement not strictly necessary to make the question intelligible;
(e) if it contains a
statement, the member shall make himself responsible for the accuracy of the
statement;
(f) it shall not contain
arguments, inferences, ironical expressions, imputations, epithets or
defamatory statements;
(g) it shall not ask for
an expression of opinion or the solution of an abstract legal question or of a
hypothetical proposition;
(h) it shall not ask as
to the character or conduct of any person except in his official or public
capacity;
(i) it shall not
ordinarily exceed one hundred and fifty words;
(j) it shall not relate
to a matter which is not the concern of the Government;
(k) it shall not ask
about proceedings in a Committee which have not been placed before the House by
a report from the Committee;
(l) it shall not make or
imply a charge of a personal character;
(m) it shall not raise
questions of policy too large to be dealt with, within the limits of an answer
to a question;
(n) it shall not repeat
in substance to questions already answered or to which an answer has been
refused;
(o) it shall not ask for information
on trivial matters;
(p) it shall not
ordinarily ask for information on matters of past history;
(q) it shall not ask for
information set forth in accessible documents or in ordinary works of
reference;
(r) it shall not raise
matters under the control of bodies or persons not primarily responsible to the
State Government;
(s) 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;
(t) it shall not ask for
information regarding Cabinet discussions, or advice given to the Governor in
relation to any matter in respect of which there is a constitutional, statutory
or conventional obligation not to disclose information;
(u) it shall not
ordinarily ask about matters pending before any statutory tribunal or statutory
authority performing any Judicial or quasi-judicial functions or any commission
or Court of Enquiry appointed to enquire into or investigate any matter but may
refer to matters concerned with procedure or subject or stage of enquiry, if it
is not likely to prejudice the consideration of the matter by the Tribunal or
Commission or Court of Enquiry;
(v) it may ask for an
explanation of the intentions of the Government in respect of a matter of
immediate concern, provided that the question is not in substance a suggestion
for any particular action in a matter raised by the member asking the question.
Rule - 48. Questions on matter of correspondence between the Government, the Government of India or any other State Government.
In
matters which are or have been the subject of correspondence between the
Government and the Government of India or the Government of any other State, no
question shall be asked except as to matters of fact, and the answer shall be
confined to a statement of fact.
Rule - 49. Speaker to decide admissibility of questions.
(1) The Speaker 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 abuse of the right of questioning or is calculated to obstruct
or prejudicially affect the procedure of the House or is in contravention of
these rules.
(2) Subject to the
provisions of rule 44, the Speaker 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.
Rule - 50. Speaker to decide if a question is to be treated as starred or unstirred.
If
in the opinion of the Speaker any question put down for oral answer is of such
a nature that a written reply would be more appropriate, the Speaker may direct
that such question be placed on the list of questions for written answer.
Provided
that the Speaker 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.
Rule - 51. List of questions.
Questions
which have not been disallowed shall be entered in the list of questions for
the day for oral or written answer, as the case may be, in accordance with the
orders of the Speaker.
Rule - 52. Mode of asking questions.
(1) When the time for
asking questions, arrives, the Speaker shall call successively each member in
whose name a question appears on 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, ask the question by reference to its
number on the list of questions.
(3) After all the
questions have been called; the Speaker may, if time permits, call again any
question which has not been asked by reason of the absence of the member in
whose name it stands.
Rule - 53. Starred Questions of absent members.
(1) When all the question
for which oral answers are desired have been called, the Speaker, may, if time
permits, call again any question which has not been asked by reason of the
absence of the member in whose name it stands, and may also permit a member to
ask a question standing in the name of another member, if so authorised.
(2) If on a question
being called, it is not asked or the member in whose name it stands is absent,
the Speaker at the request of any member direct that the answer to it be given.
Rule - 54. 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 Speaker may ask a supplementary question for the purpose of
further elucidating any matter of fact regarding which an answer has been
given.
Provided
that the Speaker shall disallow any supplementary question, if in his opinion
it infringes the rule regarding question.
Rule - 55. Publicity of answer to questions in advance.
Answer
to questions which Ministers propose to give in the House shall not be released
for publication until the answers have actually been given on the floor of the
House or laid on the Table.
Rule - 56. Amending questions to secure their compliance with rules.
Where
the form or the subject matter of a question is, in the opinion of the Speaker,
in contravention of the rules, he may amend the question to secure its
compliance with the rule and inform the member concerned accordingly.
Rule - 57. Lapse of Pending Questions referred to members.
Where
a reference is made to a member in connection with the notice of a question and
no reply is received or a reply received from him is too late for the
consideration of the Speaker and the placing of the question, if admitted, on
the list of questions for an appropriate date, such notice shall be deemed to
have lapsed.
Rule - 58. Short notice questions.
(1) A question relating
to a matter of public importance may be asked with notice shorter than ten
clear days and if the Speaker is of opinion that the question is of an urgent
character, he may direct that an enquiry 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 agrees to reply, such question shall be answered on a day to be
indicated by him and shall be called immediately after the questions which have
appeared on the list of questions for oral answer have been disposed of.
(3) If the Minister is
unable to answer the question at short notice and the Speaker is of opinion
that the question is of sufficient public importance to be orally answered in
the House, he may direct that the question be placed as the first question on
the list of questions for eighth day from the date of intimation to Government
that the Speaker has admitted the question;
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 notice of a
short notice question is signed by more than one member, it shall be deemed to
have been given by the first signatory only.
(5) Where two or more
members give short notice questions on the same subject and one of the
questions is accepted for answer at short notice, names of not more than four
members, other than the one whose notice has been admitted as determined by
ballot, shall be shown against the admitted question;
Provided
that the Speaker may direct that all the notices be consolidated into a single
notice if in his opinion it is desirable to have a single self contained
question covering all the importance points raised by member, and the Minister
shall then give his reply to the consolidated question;
Provided
further that in the case of consolidated question, names of not more than four
members, other than the one whose notice has been admitted, as determined by
ballot, shall be shown against the question.
(6) Where a member
desires an oral answer to a question at a 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;
(7) The member who has
given notice of the question shall be in his seat to ask the question by
reference to its number on the list of question when called by the Speaker and
the Minister concerned shall give a reply immediately;
Provided
that when a question is shown in the names of more than one member, the Speaker
shall call the name of the first member; or in his absence, any other name.
(8) In other respects,
the procedure for short notice questions shall be the same as for ordinary
questions for oral answer with such modification as the Speaker may consider
necessary or convenient.
Rule - 59. Discussion on matter of Public Importance arising out of answer to questions.
(1) The Speaker shall
allot half-an-hour on two days in a week namely, Tuesdays and Thursdays at the
conclusion of the business of the day for raising discussion on a matter of
sufficient public importance which has been a subject of a recent question in
the House, irrespective of the fact whether, it was answered on the floor of
the House or the answer to it has been laid on the Table of the House and the
answer to which needs elucidation on a matter of fact;
Provided
that the Speaker may allot any day instead of Tuesday or Thursday if such a
course is, in his opinion necessary or convenient.
(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 points 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 Speaker may, with the consent of the Minister concerned, waive
the requirement concerning the period of notice.
(3) The Speaker shall
decide whether the matter is of sufficient public importance to be put down for
discussion and the notice shall be taken in the order of receipt of the office.
(4) There shall be no
formal motion before the House nor voting. The member who has given notice may
make a short statement and the Minister concerned shall reply briefly. Any
member who has previously intimated to the Speaker may be permitted to ask a
question for the purpose of further elucidating any matter of fact.
CHAPTER-VIII MOTION
FOR ADJOURNMENT ON A MATTER OF PUBLIC IMPORTANCE
Rule - 60. Speaker's consent necessary to make motion.
Subject
to the provisions of these rules, a motion for an adjournment of the business
of the House for the purpose of discussing a definite matter of urgent public
importance may be made with the consent of the Speaker.
Rule - 61. Time for giving notice.
Notice
of an adjournment motion shall be given one hour before the commencement of the
sitting and the day on which the motion is proposed to be made to the Secretary
and copies thereof shall be endorsed to;
(i) The Speaker;
(ii) The Leader of the
House;
(iii) The Minister
concerned; and
(iv) The Parliamentary Affairs
Minister;
Rule - 62. Restrictions on right to move motion.
The
right to move the Motion for adjournment of the House for the purpose of
discussing a definite matter of urgent public importance shall be subject to
the following restrictions, namely:-
(i) not more than one
such motion shall be made at the same sitting;
(ii) not more than one
matter shall be discussed on the same motion;
(iii) the motion shall be
restricted to a specific matter of recent occurrence;
(iv) the motion shall not
raise a question of privilege;
(v) the motion shall not
revive discussion on a matter which has been discussed in the same session;
(vi) the motion shall not
anticipate a matter, which has been previously appointed for consideration. In
determining whether a discussion is out of order on the ground of anticipation,
regard shall be had by the Speaker to the probability of the matter anticipated
being brought before the House within a reasonable time;
(vii) the motion shall not
deal with any matter which is under adjudication by a Court of Law having
jurisdiction in any part of India; and
(viii) the motion shall not
raise any question which, under the Constitution or these rules can only be
raised on a distinct motion by a notice given in writing to the Secretary.
Rule - 63. Motion for discussion on matters before Tribunals, Commissions, etc.
No
motion which seeks to raise discussion on a matter pending before any statutory
tribunal or statutory authority performing any judicial or quasi-judicial
functions or any commission or court of enquiry appointed to enquire into, or
investigate, any matter shall ordinarily be permitted to be moved;
Provided
that the Speaker may in his discretion allow such matter being raised in the
House as is concerned with the procedure or subject or stage of enquiry if the
Speaker is satisfied that it is not likely to prejudice the consideration of
such matter by the statutory tribunal, statutory authority, commission or court
of enquiry.
Rule - 64. Mode of asking for leave to move adjournment motion.
(1) The Speaker, if he
gives consent under rule 60 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 member concerned who shall raise in his place and ask
for leave to move for the adjournment of the House;
Provided
that where the Speaker has refused his consent under rule 60 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 motion and state the reasons for refusing
consent or holding the motion as not being in order;
Provided
further that where the Speaker is not in possession of full facts about the
matter mentioned therein, he may before giving or refusing his consent, read
the notice of the motion and hear from the Minister or members concerned, a
brief statement of facts and then give his decision on the admissibility of the
motion.
(2) If objection to leave
being granted is taken, the Speaker shall request those members who are in
favour of leave being granted to rise in their places and if not less than
twenty three members rise accordingly, the Speaker shall intimate that leave is
granted. If less than twenty-three members rise, the Speaker shall inform the
member that he has not the leave of the House.
Rule - 65. Time for taking up motion.
The
motion shall be taken up one hour before the time appointed for the conclusion
of the business of the day or if the Speaker, after consultation with the
Leader of the House so direct at any earlier hour at which the business of the
day may terminate.
Rule - 66. Closure of debate.
The
Speaker may, if he is satisfied that there has been adequate debate, put the
question at 5 p.m. or at such other hour not being less than two hours from the
time of commencement of the debate.
Rule - 67. Question to be put at the end of debate.
On
a motion to adjourn for the purpose of discussing a matter of urgent public
importance, the only question that may be put shall be "that the House do
now adjourn".
Rule - 68. Time limit for speeches and regulation of discussions.
No
speech during the debate shall, except with the permission of the Speaker,
exceed fifteen minutes in duration.
CHAPTER-IX DISCUSSION
OF MATTERS OF URGENT PUBLIC IMPORTANCE FOR SHORT DURATION
Rule - 69. 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 a discussion on the matter in question;
Provided
further that the notice shall be supported by signatures of at least two other
members.
Rule - 70. Speaker to decide admissibility and allotment of time.
(1) If the Speaker is
satisfied, after calling for such information from the member who had given
notice and from the Minister as he may consider necessary, that the matter is
urgent and is of sufficient importance to be raised in the House at an early
date, he may admit the notice;
Provided
that if an early opportunity is otherwise available for the discussion of the
matter, the Speaker may refuse to admit the notice.
(2) The Speaker may allot
two sittings in a week on which such matters may be taken up for discussion and
allow such time for discussion not exceeding one hour at or before the end of
the sitting, as he may consider appropriate in the circumstances.
Rule - 71. No formal motion.
There
shall be no formal motion before the House nor 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 Speaker may be permitted to take
part in the discussion.
Rule - 72. Time limit for Speeches.
The
Speaker may, if he thinks fit, prescribe a time limit for the speeches.
CHAPTER-X CALLING
ATTENTION TO MATTERS OF URGENT PUBLIC IMPORTANCE
PROCEDURE REGARDING
CALLING ATTENTION
Rule - 73.
(1) A member may, with
the previous permission of the Speaker, call the attention of a Minister to any
matter of urgent public importance and the Minister may make a brief statement
or ask for time to make a statement at a later hour or date;
Provided
that no member shall give more than two such notices for any one sitting.
(2) There shall be no
debate on such statement at the time it is made but each member in whose name
the item stands in the list of business may, with the permission of the
Speaker, may ask a clarification;
(3) Not more than two
such matters shall be raised at the same sitting:
Provided
that names of not more than five members shall be shown in the list of
business.
Explanations.
-
(i) Where a notice is
signed by more than one member, it shall be deemed to have been given by the
first signatory only.
(ii) Notices for a sitting
received one hour before the commencement of the sitting on that day and a
ballot shall be held to determine the relative priority of each such notice on
the same subject. Notices received after one hour shall be deemed to have been
given for the next sitting;
Provided
that the second matter shall not be raised by the same members who have raised
the first matter and it shall be raised at or immediately before the end of the
sitting as the Speaker may fix;
(iii) 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 Speaker, more urgent and important.
(iv) All the notices which
have not been taken up during the week for which they have been given shall
lapse at the end of the week, unless the Speaker has admitted any of them for a
subsequent sitting;
Provided
that a notice referred for facts to a Minister, shall not lapse till it is
finally disposed of by the Speaker.
CHAPTER-XI
LEGISLATION
I-BILLS ORIGINATING IN THE HOUSE
INTRODUCTION AND PUBLICATION OF BILLS
Rule - 74. Publication before introduction.
The
Speaker may, on request being made to him, order the publication of any Bill
(together with Statement of Objects and Reasons, the memorandum regarding
delegation of legislative power and the financial memorandum accompanying it)
in the gazette, although no motion has been made for leave to introduce the
Bill. In that case, it shall not be necessary to move for leave to introduce
the Bill, and if, the Bill is afterwards introduced, it shall not be necessary
to publish it again.
Rule - 75. 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 arguments;
Provided
that the Speaker may, if he thinks fit, revise the Statement of Objects and
Reasons.
(2)
The period of notice of a motion for
leave to introduce a Bill under this rule shall be seven clear days, unless the
Speaker allows the motion to be made at shorter notice.
Rule - 76. Previous sanction for introduction.
If
notice is given by a member other than a Minister of a motion for leave to
introduce a Bill or to move an amendment which, in the opinion of the Speaker,
cannot be introduced or moved, save with previous sanction of the President
under Article 304 of the Constitution. The Speaker shall, as soon as may be,
after the receipt of the notice, refer the Bill or the amendment to the
President and the notice shall not be placed on the list of business unless the
President has communicated to the Speaker that previous sanction has been
granted or is not required.
Rule - 77. Bills requiring sanction or recommendation under Article 207 of the Constitution.
If
a Bill which under the Constitution cannot be introduced without the previous
sanction/recommendation of the Governor, 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.
Rule - 78. Financial memorandum to Bills and money clauses in Bills.
(1)
A Bill involving expenditure shall be
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 Speaker may permit the member in-charge of the Bill to
bring such clauses to the notice of the House.
Rule - 79. Explanatory memorandum to Bills delegating legislative power.
A
Bill involving proposals for the delegation of legislative power shall further
to 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.
Rule - 80. Statement in connection with Ordinances.
(1)
Whenever a Bill seeking to replace an
Ordinance with or without modification is introduced in the House, there shall
be placed before the House along with the Bill, a statement explaining the
circumstances which had necessitated immediate legislation by Ordinance.
(2)
Whenever an Ordinance, which embodies
wholly or partly or with modification, the provision of a Bill pending before
the House, is promulgated, a statement, explaining the circumstances which
necessitated immediate legislation by Ordinance shall be laid on the Table at
the commencement of the session following the promulgation of the Ordinance.
Rule - 81. Motion for leave to introduce, Introduction.
(1)
On the motion for leave to introduce a
Bill, the mover may make a brief explanatory statement, if the motion is
opposed, the Speaker may permit a brief explanatory statement from the member who
opposes and a brief reply from the mover, and shall then, without further
debate, put the question thereon;
Provided
that where a motion is opposed on the ground that the Bill initiates
legislation outside the legislative competence of the House, the Speaker may
permit a full discussion thereon.
(2)
If leave to introduce the Bill is
granted, the mover shall forthwith introduce the Bill.
(3)
When a Bill has been published under
rule 74 it shall not be necessary to move for leave to introduce the Bill and
the Bill may be introduced by the member-in-charge on any subsequent day
available for business of that kind.
Rule - 82. Publication after introduction.
As
soon as may be after a Bill has been introduced the Bill, unless it has already
been published, shall be published in the Gazette.
Rule - 83. Translation of Bills.
After
a Bill has been introduced or in the case of a Bill published under Rule 74
after such Bill has been published, the Bill and the statement of Objects and
Reasons shall be translated into Kannada and such translations shall be
published in the Gazette.
Motions after introduction of Bills.
Rule - 84. Motions after introduction.
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 House; or
(iii)
that it be referred to a Joint Select
Committee of the Houses with the concurrence of the Council; or
(iv)
that it be circulated for the purpose
of eliciting opinion thereon;
Provided
that no such motion as is referred to in-clause (iii) shall be made with
reference to a Bill making provision for any of the matters specified in sub
clause (a) to (f) of clause (1) of Article 199 of the Constitution;
Provided
further 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 Speaker allows the motion to be made.
Rule - 85. Discussion on principle of Bill.
(1)
On a motion referred to in Rule 82
being made, the principle of the Bill and its provisions may be discussed,
generally, but the details of the Bill shall not be discussed further than is
necessary to explain its principles.
(2)
At this stage no amendments to the
Bill may be moved, but-
(a)
if the member-in-charge moves that the
Bill be taken into consideration any member may move as an amendment that the
Bill referred to a Select Committee of the House, or a Joint Select Committee
of the Houses with the concurrence of the Council or be circulated for the
purpose of eliciting opinion thereon by a date to be specified in the motion.
(b)
If the member-in-charge moves that the
Bill be referred to a Select Committee of the House, or a Joint Select
Committee of the Houses with the concurrence of the Council, any member may
move as an amendment that the Bill be referred to a Joint Select Committee of
the Houses with the concurrence of the Council or a Select Committee 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 direction 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
House or a Joint Select Committee of the Houses with the concurrence of the
Council, unless the Speaker allows a motion to be made that the Bill be taken
into consideration;
Provided
that if an amendment or a motion for appointment of a Select Committee or a
Joint Select Committee has been moved under this Rule, any member may move that
the House give instructions to the Select Committee or to the Joint Select
Committee to which the Bill is proposed to be referred to make some particular
or additional provision in the Bill and if necessary or convenient, to consider
and report on amendments which may be proposed to the original Act which the
Bill seeks to amend;
Provided
further that no amendment or a motion for appointment of a Joint Select
Committee under this Rule shall be moved with reference to a Bill making
provision for any of the matters specified in Sub-clauses (a) to (f) of clause
1 of Article 199 of the Constitution.
Rule - 86. Persons by whom motion 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 circulated or re-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 a motion made by the member-in-charge.
Provided
that if the member-in-charge of a Bill is unable, for reasons which the Speaker
considers adequate to move the next motion in regard to his Bill at any
subsequent stage after introduction, he may authorise another member to move
that particular motion with the approval of the Speaker.
Explanation:-
Notwithstanding the provisions contained in the proviso the member who
introduced the Bill shall continue to be the member-in-charge.
Procedure after presentation of report of a Select or Joint
Select Committee
Rule - 87. Motion that may be moved after presentation of the report of a Select or Joint Select Committee.
(1)
After the presentation of the final
report of a Select or Joint Select Committee on a Bill, the member-in-charge
may move-
(a)
that the Bill as reported by the
Select or Joint Select Committee be taken into consideration;
Provided
that any member of the House 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 three days, and such objections shall prevail unless the Speaker
allows the Bill to be taken into consideration; or
(b)
that the Bill as reported by the
Select Committee of the House or Joint Select Committee of the Houses, as the
case may be, re-committed to the same Select Committee or to new Select
Committee, or to the same Joint Select Committee or to a new Joint Select
Committee with the concurrence of the Council either -
(i)
without limitation; or
(ii)
with respect to particular clauses or
amendments only, or
(iii)
with instructions to the Committee to
make some particular or additional provision in the Bill, or
(c)
that the Bill as reported by the
Select Committee of the House or Joint Select Committee of the Houses, be circulated
or re-circulated, as the case may be, for the purpose of eliciting opinion or
further opinion thereon.
(2)
If the member-in-charge moves that the
Bill as reported by the Select or Joint Select Committee be taken into
consideration, any member may move as an amendment that the Bill be
re-committed or be circulated or re-circulated for the purpose of eliciting
opinion or further opinion thereon.
Rule - 88. Scope of debate on report of Select Committee.
The
debate on a motion that the Bill as reported by the Select or Joint Select
Committee be taken into consideration shall be confined to consideration of the
report of the Select or Joint Select Committee and the matters referred to in
that report or any alternative suggestions consistent with the principle of the
Bill.
Rule - 89. Amendment to clauses etc., and Consideration of Bills Submission of the Bill Clause by Clause.
(1)
After a motion has been agreed to by
the House that a Bill be taken into consideration, the Speaker shall submit the
Bill to the House clause by clause.
(2)
Any member may at this stage move an
amendment to the Bill.
(3)
The Speaker shall have powers to
select the new clauses or 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.
(4)
Amendments shall be considered in the
order of the clauses to which they relate;
Provided
that with the permission of the Speaker, amendments may be taken in any other
order.
(5)
The Speaker shall call the number of
each clause separately, and when the amendment relating to it have been dealt
with, shall put the question "that this clause (or, that this clause as
amended, as the case maybe) do stand part of the Bill.
(6)
Notwithstanding anything contained in
sub-rule (1) and (5) of this rule, the Speaker may, in the case of uncontested
clauses, put the question on group of clauses and not on each clause
separately.
(7)
When any clause is under
consideration, the discussion shall be confined to that clause and other
clauses of the Bill may not be discussed, except with the permission of the
Speaker.
(8)
The Schedules, if any, shall be
submitted to the House for its consideration and shall be dealt within the same
manner as the clauses are dealt with.
(9)
The title and the preamble of the Bill
shall be put to the House after all clauses of the Bill have been dealt with.
Rule - 90. Notice of amendments.
(1)
If notice of an amendment to a clause
or Schedule of the Bill has not been given one clear day before the day on
which the Bill is to be considered, any member may object to the moving of the
amendment and such objection shall prevail unless the Speaker allows the
amendment to be moved;
Provided
that in the case of a Government bill, and 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,
cause every notice of a proposed amendment to be printed and a copy thereof to
be made available for the use of every member.
Rule - 91. Sanction to be annexed to notice of amendments.
If
any member desires to move an amendment which under the Constitution cannot be
moved without previous sanction or recommendation, he shall annex to the notice
of the proposed amendment a copy of such sanction or recommendation and the
notice shall not be valid until this requirement is complied with.
Rule - 92. Conditions of admissibility of amendments.
The
following conditions shall govern the admissibility of amendments to clauses or
Schedules of a Bill:-
(a)
An amendment shall be within the scope
of the Bill and relevant to the subject matter of the clause to which it
relates.
(b)
An amendment shall not be inconsistent
with any previous decision of the House on the same question.
(c)
An amendment shall not be such as to
make the clause which it proposes to amend unintelligible or un-grammatical.
(d)
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 amendment so
moved so as to make the series of amendments intelligible as a whole.
(e)
The Speaker shall determine the place
in which an amendment shall be moved.
(f)
The Speaker may refuse to propose an
amendment which is, in his opinion, frivolous or meaningless.
(g)
An amendment may be moved to an
amendment which has already been proposed by the Speaker.
Rule - 93. Power of Speaker to select new clauses or amendments.
The
Speaker shall have power to select the new clauses or 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.
Rule - 94. Arrangement of Amendments.
Amendments
of which notice has been given, shall, as far as practicable be arranged in the
list of amendments, issued from time to time, in the order in which they may be
called. In arranging amendments raising the same question at the same point of
a clause, precedence may be given to an amendment to be moved by the
member-in-charge of the Bill. Subject as aforesaid, amendments may be arranged
in the order in which notices thereof are received.
Rule - 95. Order of Amendments.
(1)
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 do stand part of the Bill"
(2)
The Speaker may, if he thinks fit put
as one question similar amendments to a clause, provided that if a member
requests that any amendment be put separately, the Speaker shall put that
amendment separately.
Rule - 96. Withdrawal of Amendments.
An
Amendment moved may, by leave of the House, but not otherwise, be withdrawn on
the request of the member moving it. If an amendment has been proposed to an
amendment, the original amendment shall not be withdrawn until the amendment
proposed to it has been disposed of.
Rule - 97. Postponement of clause.
The
Speaker may, if he thinks fit, postpone the consideration of a clause.
Rule - 98. Schedule.
The
consideration of the Schedule or Schedules, if any, shall follow the
consideration of clauses, Schedules shall be put from the Chair, and may be
amended, in the same manner as clauses and the consideration of new schedules
shall follow the consideration of the original schedules. The question shall
then be put;
"That
this Schedule (or, that this schedule as amended, as the case may be) stand
part of the Bill"
Provided
that the Speaker may allow the schedule or schedules, if any, being considered
before the clauses as disposed of or along with a clause or otherwise as he may
think fit.
Rule - 99. Voting on group of clauses and schedules.
The
Speaker may, if he thinks fit, put as one question clauses and/or schedules, or
clauses and/or schedules as amended, as the case may be, together to the vote
of the House;
Provided
that if a member requests that any clause or schedule as amended, as the case
may be, be put separately, the Speaker, shall put that clause or schedule, or
clause or schedule as amended as the case may be separately.
Rule - 100. Clause one, preamble and title of the Bill.
Clause
one, the Preamble, if any and the Title of a Bill shall stand postponed until
the other clauses and schedules (including new clauses and new schedules) have been
disposed of and the Speaker shall then put the question;
"That
Clause one, or the preamble or the Title (or that clause one Preamble or title
as amended as the case may be), do stand part of the Bill."
Passing, authentication and reconsideration of Bills
Rule - 101. Passing of a Bill.
(1)
When a motion that a Bill be taken
into consideration 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 Speaker 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.
Rule - 102. Scope of debate on the motion to pass.
The
discussion on a motion on the Bill, as amended as the case may be, 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 which shall be of a general character.
Rule - 103. Correction of patent errors.
Where
a Bill is passed by the House, the Speaker shall have power to correct patent
errors and make such other changes in the Bill as are consequential upon the
amendments accepted by the House.
Rule - 104. Transmission of Bills, passed by the Assembly to Council.
When
a Bill is passed by the House it shall be transmitted to the Council for
concurrence with a message to that effect.
The
Secretary shall certify, on top of the first page of the Bill so transmitted to
the Council in the following form;
"This
Bill has been passed by the Legislative Assembly on ................. 20.
|
Dated the .................... 20
|
Secretary"
|
Provided
that if it is a Money Bill within the meaning of Article 199 of the
Constitution, the certificate by the Speaker shall be endorsed at the end of
the Bill in the following form:
"I
hereby certify that this Bill is a Money Bill within the meaning of Article 199
of the Constitution of India.
|
Dated the ....................
|
Speaker."
|
Rule - 105. Reconsideration of a Bill Passed by the House.
When
a Bill passed by both Houses of Legislature is returned by the President or by
the Governor for reconsideration of the point or points referred for
consideration shall be put before the House by the Speaker, and shall be
discussed and voted upon in the same manner as amendment to a Bill, or in such
other way as the Speaker may consider most convenient for their consideration
by the House.
Adjournment of debate on and withdrawal and removal of
Bills:
Rule - 106. Adjournment of the debate over Bill.
At
any stage of a Bill which is under discussion in the House a motion that the
debate on the Bill be adjourned may be moved with the consent of the Speaker.
Rule - 107. Withdrawal of a 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 be made
with reference to the Bill.
Rule - 108. Removal of a Bill from the Register of Bills.
(1)
Where any of the following motions
made by the member-in-charge under these rules in regard to a Bill is rejected
by the Assembly, 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 Assembly.
(i)
that leave be granted to introduce the
Bill;
(ii)
that the Bill be referred to a Select
Committee;
(iii)
that the Bill be referred to a Joint
Select Committee of both Houses;
(iv)
that the Bill, be taken into
consideration;
(v)
that the Bill as reported by a Select
or Joint Select Committee be taken into consideration; and
(vi)
that the Bill (or that the Bill, as
amended, as the case may be) be passed.
Additional
Provision for removal of Private Members Bill from Register of Bills:-
(2)
A Private Member's Bill pending before
the House shall also be removed from the register of Bills pending in the House
in case,
(a)
the member-in-charge ceases to be a
member of the House.
(b)
the member-in-charge is appointed a Minister.
II. BILLS ORIGINATING IN THE HOUSE AND NOT AGREED TO BY THE
COUNCIL
Rule - 109. Return of Bill not agreed to by the Council.
As
soon as possible, after a Bill which has once been passed by the House is
received from the Council, with a message that it has not agreed to the Bill
the House may pass the Bill again and transmit it as passed to the Council.
This
rule shall not apply to Money Bills.
Rule - 110. Return of amended Bill to originating House.
If
such Bill received back from the Council, with amendments made in the Council
or in the case of Money Bills with recommendation made by it copies of the
Bills with such amendments or recommendations shall be laid on the Table at the
meeting of the House.
Rule - 111. Motion for consideration of amendments and recommendation.
After
such a Bill as amended or recommended by the Council has been laid on the
Table, the member-in-charge may after giving three days notice, or with the
consent of the Speaker without notice, move that the amendments or recommendations
be taken into consideration.
Rule - 112. Procedure on consideration of amendments and recommendations.
(1)
If a motion that the amendments or
recommendations be taken into consideration be carried, the Speaker shall put
the amendments or recommendations to the House in such manner as he thinks most
convenient for their consideration.
(2)
Any member may propose further
amendments to the Bill but such amendments shall be relevant or alternative to
or consequential upon the amendments made in the Bill by the Council or made
necessary by the delay in the passage of the Bill.
Rule - 113. Procedure consequent on consideration of amendment.
(1)
If the House agrees to the amendments
made by the Council, a message intimating its agreements shall be sent to the
Council.
(2)
If the House disagrees with the
amendments made by the Council, or any of them, the Bill with a message
intimating its disagreements shall be sent to the Council.
(3)
If the House agrees to the amendments
or any of them with further amendments or proposes further amendments in place
of amendments made by the Council, the Bill as further amended with a message
to the effect be sent to the Council.
Rule - 114. Procedure if the Bill as passed for the second time by House is returned by Council with amendments.
If
a Bill which has been passed for the second time by the House and transmitted
to the Council is returned to the House with amendments made therein by the
Council, copies of the message received from the Council shall be sent to all
the members and copies of the Bill as amended shall be laid on the table of the
House, the member-in-charge may then, after giving three day's notice, move
that the amendments made in the Bill by the Council may be taken into
consideration. If the motion is carried, the Speaker shall put to the Vote of
the House the amendments made by the Council in the Bill in such manner as he
thinks most convenient for their consideration. If the House agrees to the
amendment made in the Bill by the Council a message intimating its agreement
shall be sent to the Council. If the House does not agree to the amendments
made in the Bill by the Council or any of them, the Bill shall be deemed to
have been passed by the House and the Council with such amendments, if any, as
may have been made by the Council and agreed to by the House.
III. Bills originating in the Council and transmitted to
the House
Rule - 115. Laying of Bills passed by the Council and received in House.
When
a Bill originating in the Council has been passed by the Council and is transmitted
to the House the Bill shall, as soon as may be, be laid on the Table.
Rule - 116. Notice for moving for consideration.
At
any time after the Bill has been so laid on the Table any Minister in the case
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.
Rule - 117. Motion for consideration.
On
the day on which such motion for consideration is set down in the list of
business, which shall, unless the Speaker otherwise directs be not less than
three days from the receipt of the notice, the member giving notice may move
that the Bill be taken into consideration.
Rule - 118. Discussion of Principle of Bill.
On
the day on which such motion is made or on any subsequent day to which the
discussion is postponed, the Principle of the Bill and its general provisions
may be discussed, but the details of the Bill shall not be discussed further
than is necessary to explain its principle.
Rule - 119. Reference to Select Committee.
Any
member may, if the Bill has not already been referred to a Select Committee of
the Council or to a Joint Select Committee of both Houses but not otherwise,
move as an amendment that the Bill be referred to a Select Committee and if
such motion is carried, the Bill shall be referred to a Select Committee and
the rules regarding Select Committees on Bills originating in the House shall
then apply.
Rule - 120. Consideration and passing of Bills.
When
a motion that the Bill be referred to a Select Committee is negative or if no
such motion is made or in case a Bill is referred to a Select Committee, the
motion that the Bill as reported by the Select Committee be taken into
consideration is carried the provisions of the rules of the House regarding consideration
of clauses of Bills and amendments to such clauses and the subsequent procedure
in regard to the passing of Bill shall apply.
Rule - 121. Bill passed without amendments.
If
the Bill is passed without amendment, a message shall be sent to the Council
intimating that the House has agreed to the Bill without any amendment.
Rule - 122. Bill passed with the amendments.
If
the Bill is passed with the amendments, the Bill shall be returned with a
message, asking for the concurrence of the Council to amendments.
Rule - 123. Procedure consequent on concurrence of amendment.
If
a Bill so amended by the House and returned to the Council for its concurrence
is again sent back by the Council with a message disagreeing with the
amendments or proposing further amendments, the House may either agree to the
Bill as passed by the Council or as amended by the Council, as the case may be,
or may insist on an amendment or amendments to which the Council has disagreed.
Rule - 124. Speaker's power to dispense with period of notice.
The
Speaker may in his discretion dispense with the provisions of these rules
regarding notice, period of notice or interval between any two stages of
legislation and may in his discretion allow any motion regarding a Bill or any
amendment to be moved without notice or after such shorter interval as he may
think fit.
Rule - 125. Authentication of a Bill.
When
a Bill is passed by the Houses and is in possession of the House, the Bill
shall be signed in duplicate by the Speaker and presented to the Governor,
provided that in the absence of the Speaker from Bangalore the Secretary may,
in case of urgency authenticate the Bill on behalf of the Speaker.
CHAPTER-XII
Rule - 126. Ratification of Amendment to the Constitution.
(1) As soon as a message
for ratification of the amendment to the Constitution is received from a House
of Parliament, a copy of the message together with the Bill, shall be laid by
the Secretary on the Table of the House.
(2) the Secretary shall
forward a copy of the message together with the Bill to the State Government at
the first convenient opportunity.
Rule - 127. Discussion on the amendment to the Constitution.
(1) After the message has
been laid on the table under Rule 126, any member may, after giving three days
notice, move a resolution that the amendment to the Constitution proposed by
the Bill be ratified.
(2) The Speaker shall, in
consultation with the Leader of the House, fix a date for discussion of the
resolution.
(3) No amendment shall be
proposed to such a resolution.
(4) The Speaker may if he
thinks fit, prescribe a time limit for speeches.
Rule - 128. Message to Parliament.
(1) If the resolution is
passed by the House, a message shall be sent to the House of Parliament from
which the message referred to in Rule 126 was received, that the House ratifies
the amendment.
(2) If the resolution is
rejected by the House, a message shall be sent as aforesaid that the House does
not ratify the amendment.
(3) If no resolution is
moved during the Session in which the message of the House of Parliament is
laid on the Table, the Secretary shall send information to that effect to the
House of Parliament from which the message was received.
CHAPTER-XIII SUBORDINATE
LEGISLATION
Rule - 129. Laying of regulation, rule, etc. on the table.
(1) Where a regulation, rule,
sub-rule, bye-law, etc., framed in pursuance of the Parliament or Constitution
or of the legislative functions delegated by the Legislature to a subordinate
authority is laid before the House, the period specified in the Constitution or
the relevant Act for which it is required to be laid shall be completed before
the House is adjourned sine die and later prorogued, unless, otherwise provided
in the Constitution or the relevant Act.
(2) Where the specified
period is not so completed, the regulation, rule, sub-rule, bye-law, etc.,
shall be re-laid in the succeeding session or sessions until the said period is
completed.
Rule - 130. Allotment of time for discussion of amendment.
The
Speaker shall, in consultation with the Leader of the House, fix a day or days
or part of a day as he may think fit for the consideration and passing of an
amendment to such regulation, rule, sub-rule, bye-law, etc., of which notice
may be given by a member;
Provided
that notice of the amendment shall be in such form as the Speaker may consider
appropriate and shall comply with these rules.
Rule - 131. Transmission of amendment to Council.
After
an amendment is passed by the House it shall be transmitted to the Council for
its concurrence and on receipt of a message from the Council agreeing to the
amendment, it shall be forwarded by the Secretary to the Minister concerned.
Rule - 132. Amendment returned by Council.
If
the Council disagrees with the amendment passed by the House or agrees subject
to a further amendment thereof, or proposes an amendment in substitution
thereof, the House may either drop the amendment or agree with the Council in
the proposed amendment or insist on the original amendment passed by the House.
A message in either case shall be sent to the Council. In case the House agrees
to the amendment as further amended by the Council, the amendment shall be
forwarded by the Secretary to the Minister concerned.
Rule - 133. Disagreement between Houses.
If
the Council agrees to the original amendment passed by the House, it shall be
sent by the Secretary to the Minister concerned but if the Council disagrees or
insists on an amendment to which the House has not agreed, the Houses shall be
deemed to have finally disagreed, and all further proceedings thereon shall be
dropped.
Rule - 134. Regulation, rule etc., as amended to be laid on the Table.
If
a regulation, rule, sub-rule, bye-law, etc., is modified in accordance with the
amendment passed by the Houses the amended regulation, rule, sub-rule, bye-law,
etc., shall be laid on the Table.
CHAPTER-XIV RESOLUTION
DISAPPROVING ORDINANCES
Rule - 135. Notice of resolution disapproving Ordinances.
As
soon as possible after the Governor has promulgated an Ordinance under Article
213 of the Constitution, printed copies of such Ordinance shall be made
available to the members of the House within six weeks from the re-assembly of
the House. Any member may, after giving three days clear notice move a
resolution disapproving the Ordinance.
CHAPTER-XV PETITIONS
Rule - 136. Scope of Petitions.
Petitions
may be presented or submitted to the House with the consent of the Speaker on -
(i) a Bill which has been
published under Rule 74 or which has been introduced in the House;
(ii) any matter connected
with the business pending before the House; and
(iii) any matter of general
public interest provided that is not one -
(a) which falls within
the cognizance of a court of law having jurisdiction in any part of India or a
court of enquiry or a statutory tribunal or a authority or a quasi-judicial
body or a commission;
(b) which can be raised
on a substantive motion or resolution; or
(c) for which remedy is
available under the law, including rules, regulation, bye-laws made by the
State Government or an authority to whom power to make such rules, regulations,
etc., is delegated.
Rule - 137. General form of petition.
(1) Every petition shall
be couched in a respectful and temperate language.
(2) Every petition shall
be either in English or in Kannada language only. If any petition in any other
Indian language is made, it shall be accompanied by a translation either in
Kannada or in English and signed by the petitioner.
Rule - 138. Authentication of petition.
The
full name and address of every signatory to a petition shall be set out therein
and shall be authenticated by his signature, and if illiterate by his
thumb-impression.
Rule - 139. Document not to be attached.
Letters,
affidavits or other documents shall not be attached to any petition.
Rule - 140. Counter Signature.
(1) Every petition shall,
if presented by a member, be countersigned by him. If a petition is made in any
Indian language other than Kannada or English, its translation in Kannada or
English shall also be countersigned by the member presenting it.
(2) A member shall not
present a petition for himself.
Rule - 141. Petition to whom to be addressed and how to be concluded.
Every
petition shall be addressed to the House and shall conclude with a prayer
reciting the definite object of the petitioner in regard to the matter to which
it relates.
Rule - 142. Notice of presentation.
A
member shall give advance intimation to the Secretary of his intention to
present a petition.
Rule - 143. Presentation of a petition.
A
Petition may be presented by a member or be forwarded to the Secretary, who
shall report it to the House. The report shall be made in the form set out in
the Schedule. No debate shall be permitted on the presentation or the making of
such report. The member shall be responsible for its contents and its
genuineness.
Rule - 144. Form of petition.
A
member presenting a petition shall confine himself to a statement in the
following form:-
Sir,
I present a petition signed by ........ petitioner(s) regarding ..... and
no debate shall be permitted on this statement.
Rule - 145. Reference to committee.
Every
petition after presentation by a member or report by the Secretary, as the case
may be, shall stand referred to the Committee on Petitions.
CHAPTER-XVI RESOLUTIONS
Rule - 146. Notice of Resolution.
A
member other than a Minister who wishes to move a resolution to that effect
shall give at least seven clear days before the date of ballot and shall,
together with notice submit the text of the resolution which he wishes to move.
Rule - 147. Subject matter and conditions of admissibility of resolution.
Subject
to the provisions of these rules, a member or a Minister may move a resolution
relating to a matter of general public interest.
In
order that a resolution may be admissible shall satisfy the following
conditions, namely:-
(i) It shall be clearly
and precisely expressed and shall raise substantially one definite issue;
(ii) it shall not contain
arguments, inferences, ironical expressions, imputations or defamatory
statements;
(iii) It shall not refer to
the conduct or character of persons except in their official or public
capacity; and
(iv) It shall not relate
to any matter which is under adjudication by a court of law having jurisdiction
in any part of India.
Rule - 148. Form of resolution.
A
Resolution may be in the form of a declaration of opinion, or a recommendation
or may be in the form so as to record either approval or disapproval by the
House of an Act or policy of Government or convey a message; or commend, urge
or request an action; or call attention to a matter or situation for
consideration by Government; or in such other form as the Speaker may consider
appropriate.
Rule - 149. Speaker to decide admissibility of a resolution.
(1) The Speaker shall
decide whether a resolution or part thereof is or is not admissible under these
rules and may disallow any resolution or a part thereof when in his opinion, it
is an abuse of the right of moving a resolution or calculated to obstruct or
prejudicially affect the procedure of the House or is in contravention of these
rules.
(2) Where the form or the
subject matter of a resolution is in the opinion of the Speaker in
contravention of the rules, he may amend the resolution to secure its
compliance with the rules and inform the member concerned accordingly.
Rule - 150. Raising discussion on matters before Tribunals, Commissions, etc.
No
resolution which seeks to raise discussion on a matter pending before any
statutory tribunal or statutory authority performing any judicial or
quasi-judicial functions or any commission or court of enquiry appointed to
enquire into, or investigate any matter shall ordinarily be permitted to be
moved;
Provided
that the Speaker may, in his discretion allow such matter being raised in the
House as is concerned with the procedure or subject or stage of enquiry, if the
Speaker is satisfied that it is not likely to prejudice the consideration of
such matter by the statutory tribunal, statutory authority, commission or court
of enquiry.
Rule - 151. Motion 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 upon, move the resolution and commence his speech
by formal motion in the terms appearing in the list of business.
(2) A member may, with
the permission of the Speaker, 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 it accordingly.
(3) If a member other
than a Minister who called on is absent, any other member authorised by him in
writing in his behalf may, with the permission of the Speaker, move the
resolution standing in his name.
Rule - 152. Amendments.
(1) After a resolution
has been moved any member may, subject to the rules relating to resolutions,
move an amendment to the resolution.
(2) If notice of such
amendment has not been given one day previous to the day on which the
resolution is moved, any member may object to the moving of the amendment and
such objection shall prevail, unless the Speaker allows the amendment to be
moved.
(3) The Secretary shall,
if time permits, make available to members from time to time lists of
amendments of which notices have been received.
Rule - 153. Time limit for Speeches.
No
speech on a resolution shall, except with the permission of the Speaker, exceed
fifteen minutes in duration;
Provided
that the mover of a resolution, when moving the same and the Minister concerned
when speaking for the first time, may speak for thirty minutes or for such
longer time as the Speaker may permit.
Provided
further that the discussion on the resolution shall not exceed 5 hours
including the reply of the Minister.
Rule - 154. Scope of discussion.
The
discussion of a resolution shall be strictly relevant to and within the scope
of the resolution.
Rule - 155. Withdrawal of resolution and amendment.
(1) A member in whose
name a resolution stands on the list of business may, when called upon, if he
so wishes to do withdraw the resolution, and shall confine himself to a mere
statement to that effect.
(2) A member who has
moved a resolution or an amendment to resolution shall not withdraw the same
except by leave of the House.
(3) If a resolution which
has been admitted is not discussed during the session it shall be deemed to
have been withdrawn.
Rule - 156. Splitting of resolution.
When
any resolution involving several points has been discussed, the Speaker may
divide the resolution and put each or any point separately to the vote, as he
may think fit.
Rule - 157. Repetition of resolution.
(1) When a resolution has
been moved and voted upon no resolution or amendment raising substantially the
same question shall be moved within one year from the date of moving of the
earlier resolution.
(2) When a resolution has
been withdrawn with the leave of the House, no resolution raising substantially
the same question shall be moved during the same session.
Rule - 158. Copy of resolution passed to be sent to the Minister.
A
copy of every resolution which has been passed by the House shall be forwarded
to the Minister concerned.
CHAPTER-XVII MOTIONS
Rule - 159. Discussion on a matter of Public interest by motion.
Save
in so far as is otherwise provided in the Constitution or in these rules, no
discussion of a matter of general public interest shall take place except on a
motion made with the consent of the Speaker.
Rule - 160. Notice of a Motion.
Notice
of a motion shall be given in writing addressed to the Secretary.
Rule - 161. Conditions of admissibility of motion.
In
order that a motion may be admissible it shall satisfy the following
conditions, namely:-
(i) it shall raise
substantially one definite issue;
(ii) it shall not contain
arguments, inferences, ironical expressions, imputations or defamatory
statements;
(iii) it shall not refer to
the conduct or character of persons except in their public capacity;
(iv) it shall be
restricted to a matter of recent occurrence;
(v) it shall not raise a
question of privilege;
(vi) it shall not revive
discussion of a matter which has been discussed in the session;
(vii) it shall not
anticipate discussion of a matter which is likely to be discussed in the same
session;
(viii) it shall not relate
to any matter which is under adjudication by a court of law having jurisdiction
in any part of India.
Rule - 162. Speaker to decide admissibility of a motion.
The
Speaker shall decide whether a motion or a part thereof is or is not admissible
under these rules and may disallow any motion or a part thereof when in his
opinion it is an abuse of the right of moving a motion or calculated to
obstruct or prejudicially affect the procedure of the House or is in
contravention of these rules.
Rule - 163. Matters before tribunals, commissions, etc.
No
motion which seeks to raise discussion on a matter pending before any Statutory
Tribunal or Statutory Authority performing any judicial or quasi judicial
functions or any Commission or Court of Enquiry appointed to enquire into, or
investigate, any matter shall ordinarily be permitted to be moved;
Provided
that the Speaker may, in his discretion allow such matter being raised in the
House as it is concerned with the procedure or subject or stage of enquiry if
the Speaker is satisfied that it is not likely to prejudice the consideration
of such matter by the Statutory Tribunal, Statutory Authority, Commission or
Court of Enquiry.
Rule - 164. Allotment of Time and discussion of Motions.
The
Speaker may, after considering the state of business in the House and in
consultation with the Leader of the House (or on the recommendation of the
Business Advisory Committee) allot a day or days or part of a day for the
discussion of any such motion.
Rule - 165. Speaker to put question at the appointed time.
The
Speaker shall, at the appointed hours on the allotted day or the last of the
allotted days, as the case may be, forthwith put every question necessary to
determine the decision of the House on the original question.
Rule - 166. Time limit for Speeches.
The
Speaker may, if he thinks fit, prescribe a time limit for speeches.
CHAPTER-XVIII MOTION
OF NO-CONFIDENCE IN COUNCIL OF MINISTERS AND STATEMENT BY A MINISTER WHO HAS
RESIGNED
Rule - 167. Motion of no-confidence in Council of Ministers.
(1) A motion expressing
want of confidence in the Council of Ministers may be made subject to the
following restrictions, namely:-
(a) leave to make the
motion must be asked for after questions and before the list of business for
the day is entered upon;
(b) the Member asking for
leave shall, before the commencement of the sitting of that day give to the
Secretary a written notice of the motion which he proposes to move.
(2) If the Speaker is of
opinion that the motion is in order, he shall read the motion to the House and
shall request those members who are in favour of leave being granted to raise
in their places and if not less than twenty-three members rise accordingly, the
Speaker shall intimate that leave is granted and that the motion will be taken
up the next day, or within three days thereafter as the Speaker decides. If
less than twenty-three members rise, the Speaker shall inform the member that
he has not the leave of the House.
(3) If leave is granted
under sub-rule (2), the Speaker may, after considering the state of business in
the House allot a day or days or part of a day for the discussion of the
motion.
(4) The Speaker shall, at
the appointed hour on the allotted day or the last of the allotted days, as the
case may be, forthwith put every question necessary to determine the decision
of the House on the motion.
(5) The Speaker may, if
he thinks fit, prescribe a time limit for speeches.
Rule - 168. Statement by a Minister who has resigned.
(1) A member who has
resigned the office of Minister may, by the consent of the Speaker make a
personal statement of explanation of his resignation.
(2) A copy of the
statement shall be forwarded to the Speaker and the Leader of the House one day
in advance of the day on which it is proposed to be made;
Provided
that, in the absence of a written statement the points or the gist of such
statement shall be conveyed to the Speaker and the Leader of the House one day
in advance of the day on which it is proposed to be made.
(3) Such a statement
shall be made after questions and before the list of business of the days is
entered upon.
(4) There shall be no
debate on such statement, after it has been made, a Minister may make a
statement pertinent thereto.
CHAPTER-XIX RESOLUTION
FOR REMOVAL OF SPEAKER OR DEPUTY SPEAKER FROM OFFICE
Rule - 169. Notice of resolution for removal of Speaker or Deputy Speaker.
(1) A member wishing to
give notice of a resolution under clause (c) of Article 179 of the
Constitution, for the removal of the Speaker, or the Deputy Speaker shall do so
in writing to the Secretary.
(2) On receipt of a
notice under sub-rule (1) a motion for leave to move the resolution shall be
entered in the list of business in the name of the member concerned, on a day
fixed by the Speaker, provided that the day so fixed shall be any day after
fourteen days from the date of the receipt of notice of the resolution.
Rule - 170. Leave of House to take up resolution.
(1) The member in whose
name the motion stands on the list of business shall, except when he wishes to
withdraw it, move the motion when called upon to do so, but no speech shall be
permitted at this stage.
(2) The Speaker or the
Deputy Speaker or the person presiding as the case may be, shall thereupon,
place the motion before the House and shall request those members who are in
favour of leave being granted to rise in their places. If not less than forty
members rise accordingly, the Speaker or the Deputy Speaker or the person
presiding as the case may be, shall declare that leave has been granted and
that the resolution will be taken up on such day, not being more than five days
from the date on which leave is asked for, as he may appoint. If less than
forty members rise, the Speaker or the Deputy Speaker or the person presiding,
shall inform the member that he has not the leave of the House.
Rule - 171. Resolution included in the list of Business on the appointed day.
On
the appointed day the resolution shall be included in the list of business to
be taken up after the questions and before any other business for the day is
entered upon.
Rule - 172. Time limit for speeches.
Except
with the permission of the Speaker or the person presiding, a speech on the
resolution shall not exceed fifteen minutes in duration;
Provided
that the mover of the resolution when moving the same may speak for such longer
time as the Speaker or the person presiding may permit.
CHAPTER-XX PROCEDURE
IN FINANCIAL MATTERS
(A) THE BUDGET
Rule - 173. The Budget.
The
Annual Financial Statement or the Statement of the estimated Receipts and
Expenditure of the Government in respect of each financial year (hereinafter
referred to as the Budget) shall be presented to the House on such day as the
Governor may direct.
Rule - 174. Budget not to be discussed on presentation.
There
shall be no discussion of the Budget on the day on which it is presented to the
House.
(B) DEMANDS FOR
GRANTS
Rule - 175. Demands for grants.
(1) A separate demand
shall ordinarily be made in respect of the grant proposed for each department
of the Government, provided that the Government may in its discretion include
in one demand grants proposed for two or more departments, or make a demand in
respect of expenditure which cannot readily be classified under particular
departments.
(2) Each demand shall
contain first a statement of the total grant proposed, and then a statement of
the detailed estimate under each grant divided into items.
(3) Subject to these
rules the Budget shall be presented in such form as the Government may, in
consultation with the Estimates Committee, settle.
Rule - 176. Stages of the Budget Debate.
The
Speaker shall, in consultation with the Business Advisory Committee, fix and
appoint sufficient number of days for each of these stages;
Provided
that not more than ten days shall be fixed for the General discussion of the
Budget and that not more than twenty days shall be fixed for the voting of
demands for grants.
Rule - 177. General discussion on the Budget.
(1) On a day or days to
be appointed by the Speaker subsequent to the day on which the Budget is
presented and for such time as the Speaker may allot for this purpose, the
House shall discuss the Budget as 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 House.
(2) The Finance Minister
shall have a general right of reply at the end of the discussion.
(3) The Speaker may, if
he thinks fit prescribe a time limit for speeches.
Rule - 178. Voting of Demand for Grants.
(1) The Speaker shall, in
consultation with the Leader of the House, allot so many days not being less
than fifteen days, as may be compatible with the public interest for the
discussion and voting of demands for grants.
(2) On the last day of
the allotted days at five O'clock or at the hour fixed for the termination of
the day's meeting the Speaker shall forthwith put every question necessary to
dispose of all the outstanding matters in connection with the demands for
grants.
(3) Motions may be moved
to reduce any demands for grant.
(4) No amendments to
motions to reduce any demand for grant shall be permissible.
(5) When several motions
relating to the same demand are offered they shall be discussed in the order in
which the Heads to which they relate, appear in the Budget.
Rule - 179. Cut motions.
A
motion may be moved to reduce the amount of a demand in any of the following ways:-
(a) "that the amount
of the demand be reduced to ` 1" representing disapproval of the policy
underlying the demand. Such a motion shall be known as "disapproval of
Policy Cut." A member giving notice of such a motion shall indicate in
precise terms the particulars of the policy which he proposed to discuss. The
discussion shall be confined, to the specific point or points mentioned in the
notice and it shall be open to members to advocate an alternative policy.
(b) "that the amount
of the demand be reduced by a specified amount" representing the economy
that can be effected. Such specified amount may be either lumpsum reduction in
the demand or omission or reduction of an item in the demand. The motion shall
be known as "Economy Cut". The notice shall indicate briefly and
precisely the particular matter on which discussion is sought to be raised and
speeches shall be confined to the discussion as to how economy can be effected.
(c) "that the amount
of the demand be reduced by Rs. 100" in order to ventilate a specific
grievance which is within the sphere of the responsibility of the State
Government. Such a motion shall be known as "Token Cut" and the
discussion thereon shall be confined to the particular grievance specified in
the motion.
Rule - 180. Conditions of admissibility of cut motions.
In
order that a notice of motion for reduction of the amount of demand may be
admissible, it shall satisfy the following conditions, namely:-
(i) it shall relate to
one demand only;
(ii) it shall be clearly
expressed and shall not contain arguments, inferences: ironical expressions,
imputations, epithets or defamatory statements;
(iii) it shall be confined
to one specific matter which shall be stated in precise terms;
(iv) it shall not reflect
on the character or conduct of any person whose conduct can only be challenged
on a substantive motion;
(v) it shall not make
suggestions for the amendment or repeal of existing laws;
(vi) it shall not refer to
a matter which is not primarily the concern of the State Government;
(vii) it shall not relate
to expenditure charged on the Consolidated Fund of the State;
(viii) it shall not relate
to a matter which is under adjudication by a court of law having jurisdiction
in any part of India;
(ix) it shall not raise a
question of privilege;
(x) it shall not revive
discussion on the matter which has been discussed in the same session and on
which a decision has been taken;
(xi) it shall not
anticipate a matter which has been previously appointed for consideration in
the same session;
(xii) it shall not
ordinarily seek to raise a discussion on a matter pending before any Statutory
Tribunal or Statutory Authority performing any judicial or quasi-judicial
functions or any Commission or Court of Enquiry appointed to enquire into or
investigate any matter;
Provided
that the Speaker may in his discretion allow such matter being raised in the
House as is concerned with the procedure or stage of enquiry, if the Speaker is
satisfied that it is not likely to prejudice the consideration of the subject
matter by the Statutory Tribunal, Statutory Authority, Commission or the Court
of Enquiry; and
(xiii) it shall not relate
to a trifling matter.
Rule - 181. Speaker to decide admissibility of cut motions.
The
Speaker shall decide whether a cut motion is or is not admissible under these
rules and may disallow any cut motion when in his opinion it is an abuse of the
right of moving cut motions or calculated to obstruct or prejudicially affect
the procedure of the House or is in contravention of these rules.
Rule - 182. Notice of cut motions.
Any
member desiring to move a motion to reduce any demand shall give notice at
least four clear days before the day on which the demand is under
consideration.
Rule - 183. Presentation of the Budget in parts.
Nothing
herein before contained shall be deemed to prevent the presentation of the Budget
to the House 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.
Rule - 184. Vote on account.
(1) A motion for vote on
account shall state the total sum required and the various amount needed for
each Department or item of expenditure which compose that sum shall be stated
in a schedule appended to the motion.
(2) Amendments may be
moved for such reduction of the whole grant or for the reduction or omission of
the items whereof the grant is composed.
(3) Discussion of a
general character shall be allowed on the motion or any amendments moved
thereto but the details of the grant shall not be discussed further than is
necessary to develop the general points.
(4) In other respects, a
motion for vote on account shall be dealt with in the same way as if it were a
demand for grant.
Rule - 185. Supplementary, additional, excess and exceptional grant and votes of credit.
Supplementary,
additional, excess and exceptional grants and votes of credit shall be
regulated by the same procedure as is applicable in the case of demands for
grants subject to such adoptions, whether by way of modification, addition or
omission as the Speaker may deem to be necessary or expedient.
Rule - 186. Scope of discussion on Supplementary grants.
The
debate on the Supplementary grants shall be confined to the items constituting
the same and no discussion may be raised on the original grants nor policy
underlying them save in so far as it may be necessary to explain or illustrate
the particular item under discussion.
Rule - 187. Token grant.
What
funds to meet proposed expenditure on a new service can be made available by
re-appropriation a demand for the grant of a token sum may be submitted to the
vote of the House and, if the House assents to the demand, funds may be so made
available.
(C) APPROPRIATION
BILL
Rule - 188. Appropriation Bill.
(1) Subject to the
provisions of the Constitution, the procedure in regard to an Appropriation
Bill shall be the same as for Bills generally with such modifications as the
Speaker may consider necessary.
(2) At any time after the
introduction in the House of an Appropriation Bill, the Speaker may allot a day
or days, jointly or severally, for the completion of all or any of the stages
involved in the passage of the Bill by the House, and when such allotment has
been made by the Speaker shall at five O'clock or at the hour fixed for the
termination of the day's meeting on the allotted day or, the last of the
allotted days, as the case may be forthwith put every question necessary to
dispose of all the outstanding matters in connection with the stage or stages
for which the day or days have been allotted.
(3) The Speaker may, if
he thinks fit, prescribe a time limit for speeches at all or any of the stages
for which a day or days have been allotted under the preceding sub-rule.
(4) The debate on an
Appropriation Bill shall be restricted to matters of public importance or
administrative policy implied in the grants covered by the Bill which have not
already been raised while the relevant demands for grants were under
consideration.
(5) The Speaker may in
order to avoid repetition of debate require members desiring to take part in
discussion on an Appropriation Bill to give advance intimation of the specific
points they intend to raise, and he may withhold permission for raising such of
the points as in the opinion appear to be repetitions of the matters discussed
on a demand for grant or as may not be of sufficient public importance.
(6) If an Appropriation
Bill is in pursuance of a supplementary grant in respect of an existing service
the discussion shall be confined to the items constituting the same and no
discussion shall be raised on the original grant nor the policy underlying it
save in so far as it may be necessary to explain or illustrate a particular
item under discussion.
Rule - 189. Business that can be taken up on a day allotted for financial business.
Not
withstanding that a day has been allotted for other business under rule 177,
178 or 185 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 House enters
on the business for which the day has been allotted.
Rule - 190. Time limit for disposal of Financial business.
In
addition to the powers exercisable by the Speaker under these rules, he may
exercise all powers necessary for the purpose of the timely completion of all
Financial business and in particularly allot time for the disposal of various
kinds of such business and where the time is so allotted, he shall, at the
appointed hour, put every question necessary to dispose of all the outstanding
matters in connection with the stage or stages for which time has been
allotted.
Explanation.-
Financial business includes any business which the Speaker holds as coming
within that category under the Constitution.
CHAPTER-XXI PRIVILEGE
(a) Question of
Privilege
Rule - 191. Questions of Privilege.
A
member may, with the consent of the Speaker, raise a question involving a
breach of privilege either of a member, or of the House or of a Committee
thereof.
Rule - 192. 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 raised is based on a document, the
notice shall be accompanied by the document.
Rule - 193. Conditions of admissibility of question of privilege.
The
right to raise a question of privilege shall be governed by the following
conditions, namely-
(i) not more than one
question shall be raised at the same sitting;
(ii) the question shall be
restricted to a specific matter of recent occurrence:
(iii) the matter requires
the intervention of the House.
Rule - 194. Mode of raising a question of privilege.
(1) The Speaker, if he
gives consent under rule 191 and holds that matter proposed to be discussed is
in order, shall after the questions and before the list of business is entered
upon, call the member concerned, who shall rise in his place and while asking
for leave to raise the question of privilege make a short statement relevant
thereto;
Provided
that where the Speaker has refused his consent under rule 191 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 Speaker 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 Speaker shall request those members who are in
favour of leave being granted to rise in their places and if not less than ten
members rise accordingly, the Speaker shall intimate that leave is granted. If
less than ten members rise the Speaker shall inform the members that he has not
the leave of the House.
Rule - 195. Consideration by the House of reference to the Committee of Privileges of question of privilege to which leave is granted.
If
leave under rule 194 is granted, the House may consider the question and come
to a decision or refer it to a Committee of Privileges on a motion made either
by the member who has raised the question of privilege or by any other member.
Rule - 196. Power of Speaker to refer questions of privileges to Committee.
Notwithstanding
anything contained in these rules, the Speaker may refer any question of
privilege to the Committee of Privileges for examination, investigation or
report.
Rule - 197. Regulation of procedure.
The
Speaker may issue such directions as may be necessary for regulating the
procedure in connection with all matters connected with the consideration of
the question of privilege either in the Committee of Privileges or in the
House.
ARREST
Rule - 198. Procedure for Arrest.
(1) "No arrest shall
be made within the precincts of the House without obtaining the permission of
the Speaker; and
(2) " A legal
process, civil or criminal" shall not be served within the precincts of
the House without obtaining the permission of the Speaker."
Rule - 199. Intimation to Speaker by Magistrate of arrest detention, etc., of a member.
When
a member is arrested on a criminal charge or for a criminal offence or is
sentenced to imprisonment by a court or is detained under an executive order
the committing Judge, Magistrate or executive authority, as the case may be,
shall immediately intimate such fact to the Speaker indicating the reasons for
the arrest, detention or conviction, as the case may be, as also the place of
detention or imprisonment of the member in the appropriate form set out in
Schedule II.
Rule - 200. Intimation to Speaker on release of a member.
When
a member is arrested and after conviction released on bail, pending an appeal
or otherwise released, such fact shall also be intimated to the Speaker by the
authority concerned in the appropriate form set out in Schedule II.
Rule - 201. Treatment of communication.
As
soon as may be, the Speaker shall, after he has received a communication
referred to in rule 199 or 200, read it out to the House if in session, or if
it is not in session direct that it may be published in the bulletin for the
information of the members.
CHAPTER-XXII RESIGNATION
AND VACATION OF SEATS IN THE HOUSE
Rule - 202. Resignation of seats in the House.
(1) A member who desires
to resign his seat in the House shall intimate in writing under his hand
addressed to the Speaker, his intention to resign his seat in the House in the
following form and shall not give any reason for his resignation.
To
The
Speaker
Legislative
Assembly
Bangalore.
Sir,
I
hereby tender my resignation of my seat in the House with effect from ............................
Yours
faithfully,
Place
.................
Date
............... Member of the House
Provided
that where any member gives any reason or introduces any extraneous matter the
Speaker may, in his discretion, omit such words, phrases or matter and the same
shall not be read out in the House.
(2) If a member hands
over the letter of resignation to the Speaker personally and informs him that
the resignation is voluntary and genuine and the Speaker has no information or
knowledge to the contrary, and if he is satisfied, the Speaker may accept
resignation immediately.
(3) If the Speaker
receives the letter of resignation either by post or through someone else, the
Speaker may make such inquiry as he thinks fit to satisfy himself that the resignation
is voluntary and genuine. If the Speaker, after making a summary enquiry either
himself or through the agency of Legislative Assembly Secretariat or through
such other agency, as he may deem fit; is satisfied that the resignation is not
voluntary or genuine, he shall not accept the resignation.
(4) A member may withdraw
his letter of resignation at any time before it is accepted by the Speaker.
(5) The Speaker shall, as
soon as may be, after he has accepted the resignation of a member, inform the
House that the member has resigned his seat in the House and he has accepted
the resignation.
Explanation.-
When the House is not in session, the Speaker shall inform the House
immediately after the House reassembles.
(6) The Secretary shall,
as soon as may be, after the Speaker has accepted the resignation of a member
cause the information to be published in the Bulletin and the Gazette and
forward a copy of the notification to the Election Commission for taking steps
to fill the vacancy thus caused;
Provided
that where the resignation is to take effect from a future date, the
information shall be published in the Bulletin and the Gazette not earlier than
the date from which it is to take effect.
Rule - 203. Applications for leave of absence.
(1) A member desiring
permission of the House to remain absent from sitting thereof under clause (4)
of article 190 of the Constitution shall make an application in writing to the
Speaker, specifying the period for which he may be permitted to be absent from
the meetings of the House indicating also the grounds for it.
(2) After the receipt of
an application under sub-rule (1) of this rule the Speaker shall as soon as may
be, read out the application to the House and ask: "Is it the pleasure of
the House that permission be granted to such and such a member for remaining
absent from all meetings of the House for such and such a period." If no
one dissents, the Speaker shall say, "Permission to remain absent is
granted." But if any dissentient voice is heard the Speaker shall take the
sense of the House and thereupon declare the determination of the House.
(3) No discussion shall
take place on any question before the House under this Rule.
(4) The Secretary shall
as soon as may be, after a decision has been signified by the House communicate
it to the member.
(5) If a member who has
been granted leave of absence under these Rules attends the session of the
House during the period for which the leave of absence has been granted to him,
the unexpired portion of the leave from the date of his resumed attendance
shall lapse.
Rule - 204. Vacation of seats in the House.
(1) The seat of a member
shall be declared vacant, under clause (4) of Article 190 of the Constitution,
on a motion by the Leader of the House or by such other member to whom he may
delegate his functions on his behalf.
(2) If the motion
referred to in sub-rule (1) is carried, the Secretary shall cause the
information to be published in the Gazette and forward a copy of the
notification to the Election Commission in the case of an elected member and to
the Governor in the case of a nominated member for taking steps to fill the
vacancy thus caused.
CHAPTER-XXIII COMMUNICATIONS
BETWEEN THE GOVERNOR AND THE HOUSE
Rule - 205. Communications from the Governor to the House.
Communications
from the Governor to the House shall be made to the Speaker by written message
signed by the Governor or, if the Governor is absent from the place of meeting
of the House, his message shall be conveyed to the Speaker through a Minister.
Rule - 206. Communications from the House to the Governor.
Communications
from the House to the Governor shall be made -
(1) by formal address,
after motion made and carried in the House; and
(2) through the Speaker.
CHAPTER-XXIV
COMMITTEES
(a) General
Rule - 207. Applicability of General Rules to Committees.
Except
for matters for which special provision is made in the rules relating to any
particular Assembly Committee, the general rules in this Chapter shall apply to
all Assembly Committees of both the Houses of Legislature, and if and so far as
any provision in the special rules relating to a Assembly Committee is
inconsistent with the general rules, the former rules shall prevail.
Rule - 208. Appointment of Committees.
No
member shall be appointed to a Committee if he is not willing to serve the
committee. The proposer shall ascertain whether the member whose name is
proposed by him is willing to serve on the Committee.
Rule - 209. Filling up casual vacancy.
Casual
vacancies in a Committee shall be filled by nomination by the Speaker and any
member so nominated to fill a vacancy shall hold office for the unexpired
portion of the term for which the member in whose place he is nominated would
have normally held office.
Rule - 210. Resignation of members from Committee.
A
member may resign his seat from a Committee by writing under his hand,
addressed to the Speaker.
Rule - 211. Chairman of Committee.
(1)
The Chairman of the Legislative
Council shall be the Chairman of the Library Committee.
(2)
The Chairman of all other Committees
shall be appointed by the Speaker from amongst the members of the Committee;
Provided
that if the Deputy Speaker is a member of the Committee he shall be appointed
Chairman of that Committee.
(3)
If the Chairman is for any reason
unable to act, the Speaker may appoint another Chairman in his place.
(4)
If the Chairman is absent from any
sitting, the Committee shall choose another member to act as Chairman for that
sitting.
Rule - 212. Quorum.
(1)
Except where otherwise provided, the
Quorum to constitute a sitting of the Committee shall be, as near as may be,
one-third of the total number of Members of the Committee.
(2)
If at any time fixed for any sitting
of the Committee, or if at any time during any such sitting, there is no
quorum, the Chairman of the Committee shall either suspend the sitting until
there is a quorum or adjourn the sitting to some future day.
(3)
When the Committee has been adjourned
in pursuance of sub-rule (2) on two successive dates fixed for sittings of the
Committee, the Chairman shall report the facts to the House.
Provided
that where the Chairman is not the Speaker, the Chairman shall report the fact
of such adjournment to the Speaker.
Rule - 213. Discharge of Members absent from sittings of the Committee.
If
a Member is absent from two or more consecutive sittings of the Committee
without the permission of the Chairman, a motion shall be moved in the House
for the discharge of such member from the Committee.
Provided
that where the members of the Committee are nominated by the Speaker, a member
may be discharged by the Speaker.
Rule - 214. Voting in Committee.
All
questions at any sitting of a Committee shall be determined by a majority of
votes of the members present and voting.
Rule - 215. Casting vote of Chairman.
In
the case of an equality of votes on any matter, the Chairman or the person
acting as such shall have a second or casting vote.
Rule - 216. Power to appoint Sub-committees.
(1)
A Committee may appoint one or more
subcommittees, each having the powers of the undivided Committee, to examine
any matters that may be referred to them, and the report of such sub-committee
shall be deemed to be the reports of the whole Committee, if they are approved
at a sitting of the whole Committee.
(2)
The order of reference to a
sub-committee shall clearly state the point or points for investigation. The
report of the subcommittee shall be considered by the whole Committee.
Rule - 217. Sittings of Committee.
The
Sittings of a Committee shall be held on such days and at such hour as the
Chairman of the Committee may fix;
Provided
that if the Chairman of the Committee is not readily available, the Secretary
may fix the date and time of a sitting.
Rule - 218. Committee may sit while the House is sitting.
A
Committee may sit while the House is sitting provided that on a division being
called in the House, the Chairman of the Committee shall suspend the
proceedings in the Committee for such time as will in his opinion enable the
members to vote in a division.
Rule - 219. Sittings of Committee in private.
The
sittings of a Committee shall be held in private.
Rule - 220. Venue of sittings.
The
sitting of a Committee shall be held within the precincts of the House and if
it becomes necessary to change the place of sitting outside the precincts of
the House, the matter shall be referred to the Speaker whose decision shall be
final.
Rule - 221. All strangers to withdraw when the Committee is deliberating.
All
persons other than members of the Committee and Officers of the Legislature
Secretariat shall withdraw whenever the Committee is deliberating.
Rule - 222. Power to take evidence or call for papers, records or documents.
(1)
A witness may be summoned by an order
signed by the Secretary and shall produce such documents as are required for
the use of a Committee.
(2)
It shall be in the discretion of the
committee to treat any evidence tendered before it as secret or confidential.
(3)
No document submitted to the Committee
shall be withdrawn or altered without the knowledge and approval of the
Committee.
Rule - 223. Procedure for examining witness.
The
examination of witness before a Committee shall be conducted as follows:
(i)
The 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.
(ii)
The Chairman of the Committee may
first put to the witness such question or questions as he may consider
necessary with reference to the subject matter under consideration or any
subject connected therewith according to the mode of procedure mentioned in
clause (i).
(iii)
The Chairman may call other members of
the Committee one by one to put any other questions.
(iv)
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.
(v)
A verbatim record of proceedings of
Committee, when a witness is summoned to give evidence shall be kept.
(vi)
The evidence tendered before the
Committee may be made available to all members of the Committee.
Rule - 224. Power of Assembly Committee to send for persons, paper and Records.
A
Committee shall have power to send for persons, papers and records;
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 Speaker whose decision shall be final;
Provided
further 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.
Rule - 225. Counsel for witness.
(1)
A Committee may, under the direction
of the Speaker, permit a witness to be heard by a counsel appointed by him and
approved by the Committee.
Rule - 226. Evidence of Oath.
(1)
A Committee may administer oath or
affirmation to a witness examination before it.
(2)
The form of the oath or affirmation
shall be as follows:-
"I.
A.B. do swear in the name of God/Solemnly affirm that the evidence which I
shall give in this case shall be true, that I will conceal nothing, and that no
part of my evidence shall be false."
Rule - 227. Record of decisions.
A
record of the decisions of a committee shall be maintained and circulated to
members of the Committee under the direction of the Chairman.
Rule - 228. Evidence Report and Proceedings treated as Confidential.
(1)
A Committee may direct that the whole
or a part of the evidence or a summary thereof may be laid on the Table.
(2)
No part of the evidence, oral or
written report or proceedings of a Committee which has not been laid on the
Table shall be open to inspection by any one except under the authority of the
Speaker.
(3)
The evidence given before Committee
shall not be published by any member of the Committee or by any other person
until it has been laid on the Table;
Provided
that the Speaker may, in his discretion, direct that such evidence be
confidentially made available to member before it is formally laid on the
table.
Rule - 229. Special Report.
A
Committee may, if it thinks fit, make a special report on any matter that
arises or comes to light in the course of its work which it may consider
necessary to bring to the notice of the Speaker or the House, notwithstanding
that such matter is not directly connected with, or does not fall within or is
not incidental to its terms of reference.
Provided
names of persons shall not be included in the report of the Committee unless he
be summoned to appear before the Committee and given an opportunity to explain
himself before the Committee.
Rule - 230. Report of the Committee.
(1)
Where the House 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
that the House 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 of the Committee shall be
signed by the Chairman on behalf of the Committee;
Provided
that in case the Chairman is absent or is not readily available the Committee
shall choose another member to sign the report on behalf of the Committee.
Rule - 231. Availability of Report before presentation to Government.
A
Committee may, if it thinks fit, make available to Government any completed
part of its report before presentation to the House. Such reports shall be
treated as confidential until presented to the House.
Rule - 232. Presentation of Report.
(1)
The Report of a Committee shall be
presented to the House by the Chairman or in his absence by the member of the
Committee.
(2)
In presenting the report, the Chairman
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 on that statement at this stage.
Rule - 233. Printing, Publication or Circulation of Report prior to the presentation to the House.
The
Speaker may, on a request being made to him and when the House is not in
session, order the printing, publication or circulation of a report of a
Committee after satisfying himself on a point of procedure or otherwise,
although it has not been presented to the House. In that case, the report shall
be presented to the House during its next session at the first convenient
opportunity.
Rule - 234. Discussion of Reports.
The
Speaker may after considering the state of business allot such time as may be
compatible with the public interest for the discussion of the report of the
Committee.
Rule - 235. Power to make suggestions on procedure.
A
Committee shall have power to pass resolutions on matters of procedure relating
to that Committee for the consideration of the Speaker, who may make such
variations in procedure as he may consider necessary.
Rule - 236. Power of Committee to make detailed rules.
A
Committee may with the approval of the Speaker make detailed rules of procedure
to supplement the provisions contained in the rules in this chapter.
Rule - 237. Power of Speaker to give direction on a point of procedure or otherwise.
(1)
The Speaker may from time to time
issue such directions to the Chairman of the Committee as he may consider
necessary for regulating its procedure and the organisation of its work.
(2)
If any doubt arises on any point of
procedure or otherwise, the Chairman may, if he thinks fit, refer the point to
the Speaker whose decisions shall be final.
Rule - 238. Business before Committee not to lapse on prorogation of House.
Any
business pending before a Committee shall not lapse by reason only of the
prorogation of the House and the Committee shall continue to function
notwithstanding such prorogation.
Rule - 239. Unfinished work of Committee of the House.
(1)
A Committee which is unable to
complete its work before expiration of the term or before the dissolution of
the House may report to the House that the Committee has not been able to
complete its work. Any preliminary report, memorandum that the Committee may
have prepared or any evidence that the Committee may have taken shall be made
available to the new Committee.
(2)
If the House is unable to consider the
report of a Committee presented to it by reason of the dissolution of the
House, the report shall be considered by the next House as if it were a report
presented to it by one of its committee.
(b) Business Advisory Committee
Rule - 240. Constitution of the Committee.
A
Business Advisory Committee shall be constituted at the commencement of the House
or from time to time and shall consist of the Speaker, who shall be the
Chairman of the Committee and ten other members, who shall be nominated by the
Speaker.
Rule - 241. Functions of the Committee.
(1)
It shall be the function of the
Committee to recommend the time that should be allocated for the discussion of
the stage or stages of such Government Bills and other business as the Speaker,
in consultation with the Leader of the House, may direct for being referred to
the Committee.
(2)
The Committee shall have the power to
indicate in the proposed time-table the different hours at which the various
stage of the Bill or other business shall be completed.
(3)
The Committee shall have such other
functions as may be assigned to it by the Speaker from time to time.
Explanation:-
The expression "other business" referred to in this rule and rules
244, 245 and 234 means business other than private members' bills under rule 75
and private members resolution under rule 146 and includes discussion of
reports under rule 234.
Rule - 242. Report of the Committee.
The
recommendations of the Committee shall be presented to the House in the form of
a report.
Rule - 243. Motion moved in House on Report.
At
any time after the report has been presented to the House, a motion may be
moved "that the House agrees or agrees with amendments or disagrees with
the report."
Provided
that an amendment may be moved that the report be referred back to the
Committee either without limitation or with reference to any particular matter;
Provided
further that not more than half-an-hour shall be allotted for the discussion of
the motion and no member shall speak for more than five minutes on such motion.
Rule - 244. Allocation of Time Order.
The
allocation of time in respect of Bills and other business as approved by the
House shall take effect as if it were an order of the House.
Rule - 245. Disposal of outstanding matters at the appointed hour.
At
the appointed hour, in accordance with the Allocation of Time Order for the
completion of a particular stage of a Bill or other business, the Speaker shall
forthwith put every question necessary to dispose of all the outstanding
matters in connection with that stage of the Bill or other business.
Rule - 246. Variation in the Allocation of Time Order.
No
variation in the Allocation of Time Order shall be made except on a motion
made, with the consent of the Speaker and accepted by the House.
Provided
that the Speaker may, after taking the sense of the House, increase the time,
not exceeding one hour, without any motion being moved.
(c) Select Committees on Bills
Rule - 247. Composition of Select Committee.
(1)
The member-in-charge of the Bill, the
Minister for Law and the Minister-in-charge of the Department concerned shall
be members of every Select Committee, and it shall not be necessary to include
their names in any motion for appointment of such a committee.
(2)
The other members of the Committee
shall be appointed by the House when a motion that the Bill be referred to a
Select Committee is made under rule 85.
Rule - 248. Non-members may be present at meetings of the Committee.
Members
who are not members of the Select Committee may be present during the
deliberations of the Committee but shall not address the committee nor sit in
the body of the Committee;
Provided
that Minister may with the permission of the Chairman address the Committee of
which he may not be a member.
Rule - 249. Meetings of Select Committee.
The
first meeting of a Select Committee shall be held on such day and at such hour
as the Chairman may fix. Subsequent dates for meetings of the Committee will be
fixed by the Committee itself.
Provided
that if the Chairman is not readily available the Secretary may in consultation
with the Minister concerned with the Bill, fix the date and time of the first
meeting.
Provided
further that where the Committee has not fixed a date for the next meeting, the
Secretary may fix the date for the meeting in consultation with the Chairman.
Rule - 250. Notice of Amendments and Procedure generally in Select Committee.
(1)
If a 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 the moving of the amendment and such
objection shall prevail unless the Chairman 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 House during the consideration stage of a Bill, with such adaptations
whether by way of modification, addition or omission, as the Speaker may
consider necessary or convenient.
Rule - 251. Notice of Amendments by members other than members of Select Committee.
When
a Bill has been referred to a Select Committee any notice given by a member of
any amendment to clause in the Bill shall stand referred to the Committee
provided that where notice of amendment is received from a member who is not a
member of the Select Committee such amendment shall not be taken up by the
Committee unless moved by a member of the Committee.
Rule - 252. Power to hear expert evidence.
A
Select Committee may hear expert evidence and representatives of special
interest affected by the measures before them.
Rule - 253. Report of 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 249 to consider the Bill and shall make a
report thereon within the time fixed by the House.
Provided
that where the House has not fixed any time for the presentation of the report,
the report shall be presented before the expiry of three months from the date
on which the House adopted the motion for the reference of the Bill to the
Select Committee or if a session of the House is not held within three months,
at the next session.
Provided
further that the House may at any time on a motion being made, direct that the
time for the presentation of the report by the Select Committee be extended to
date specified on the motion.
(2)
The Select Committee shall in its
report state whether the publication of the Bill directed by these rules has
taken place, and the date on which the publication has taken place.
(3)
Where a Bill has been altered, the
Select Committee may, if it thinks fit, include in its report a recommendation
to the member-in-charge of the Bill that this next motion should be a motion
for circulation, or where the Bill has already been circulated for
re-circulation.
Minute of dissent
(4)
If any member of a Select Committee
desires to record a minute of dissent on any matters, he shall sign the report
stating that he does so subject to his minute of dissent, and shall at the same
time hand in his minute.
Provided
that a member, if he so wishes may hand in a complete minority report of his
own or supported by such other members as are in agreement with him.
(5)
A minute of dissent shall be couched
in temperate and decorous language and shall not refer to any discussion in the
Select Committee nor cast aspersion on the Committee.
(6)
If in the opinion of the Speaker a
minute of dissent contains words, phrases or expressions, which are
unparliamentary or otherwise inappropriate, he may order such words, phrases or
expressions to be expunged from the minute of dissent.
Rule - 254. Printing 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
House. The report, and the Bill as reported by the Select Committee shall be
published in the Gazette.
(D) JOINT SELECT COMMITTEES
Rule - 255. Constitution of Joint Select Committee.
(1)
The House may by a motion desire to
obtain the concurrence of the Council in setting up a Joint Select Committee of
the two Houses to consider a Bill, and such a motion shall state the total
number of members of both the Houses to be appointed to the Committee and the
names of the members of the House who in accordance with the proportion
mentioned in rule 258 are to serve thereon.
(2)
The member-in-charge of the Bill, the
Minister in-charge of the department to which the Bill relates and the Minister
for Law shall be nominated as members of the Joint Select Committee and it
shall not be necessary to include their names in any motion for the appointment
of such Joint Select Committee.
Rule - 256. Concurrence of Council to the setting up of such a Committee.
On
the adoption of such a motion, a message shall be sent to the Council informing
it accordingly and desiring its concurrence to the appointment of Joint Select
Committee and its proposed total strength and requesting it to nominate the
members required under sub-rule (1) of rule 255.
Rule - 257. Concurrence of the House to the setting up of Joint Select Committee.
Where
a message is received from the Council desiring the concurrence of the House
for setting up a Joint Select Committee and its proposed total strength and
requesting the nomination of members to the Joint Select Committee as required
under rule 258, such concurrence and nomination may be given on motion made by
a Minister in the case of a Government Bill and any member in the case of any
other Bill.
Rule - 258. Strength of Joint Select Committee.
The
total number of members of a Joint Select Committee shall not exceed twenty
excluding those specified in sub-rule (2) of rule 255 and on every Joint Select
Committee the number of members to be nominated by the House and the Council
shall be in the proportion of 3:1.
Rule - 259. Fixing the time and place of first meeting.
The
time and place of the first meeting of the Committee shall be fixed by the
Presiding Officer of the House in which the Bill is originated.
Rule - 260. Chairman of Joint Select Committee.
The
Joint Select Committee shall elect its own Chairman. The Chairman shall have no
casting votes. If the votes on a question before a Joint Select Committee be
equal, the question shall be deemed to have been decided in the negative.
Rule - 261. Procedure in Joint Select Committee.
Except
as aforesaid, a Joint Select Committee shall follow the same procedure and
shall have the same powers as Select Committee of the House.
(E) COMMITTEE ON PETITIONS
Rule - 262. Constitution of the Committee.
(1)
There shall be a Committee on
Petitions which shall consist of the Deputy Speaker and fifteen members
nominated by the Speaker.
"Provided that a Minister shall not be elected as a
member of the Committee and that if a member, after his election to the
Committee is appointed as a Minister shall cease to be a member of the
Committee from the date of such appointment".
Term of the Committee
(2)
The Committee shall hold office for a
term not exceeding one year.
Quorum
(3) [x x x]
Rule - 263. Functions of the Committee.
(1)
The Committee shall examine every
petition referred to it, and if the petition complies with these rules, the
Committee may direct that it be circulated. Where circulation of the petition
has not been directed, the Speaker may at any time direct that the petition be
circulated.
(2)
Circulation of the petition shall be
in extensor or summary form as the Committee or the Speaker, as the case may
be, may direct.
(3)
It shall also be the duty of the
Committee to report to the House on specified 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.
(F) COMMITTEE ON PUBLIC ACCOUNTS
Rule - 264. Functions of the Committee.
(1)
There shall be a Committee on Public
Accounts for the examination of accounts showing the appropriation of sums
granted by the House for the expenditure of the State Government, the annual
finance accounts of the State Government and such other accounts laid before
the House as the Committee may think fit.
(2)
In scrutinising the Appropriation
Accounts of the State Government and the report of the Comptroller and
Auditor-General thereon, it shall be the duty of the Committee to satisfy
itself:-
(a)
that the moneys shown in the accounts
as having been disbursed were legally available for and applicable to the
service or purpose to which they have been applied or charged;
(b)
that the expenditure conforms to the
authority which governs it: and
(c)
that every re-appropriation has been
made in accordance with the provisions made in this behalf under rules framed
by competent authority.
(3)
It shall also be the duty of the
Committee:-
(a)
to examine the statement of accounts
showing the income and expenditure of State Corporation, trading and
manufacturing schemes, concerns and projects together with the balance sheets
and statements of profit and loss accounts which the Government may have
required to be prepared or are prepared under the provisions of the statutory
rules regulating the financing of a particular corporation, trading or manufacturing
schemes or concern or project and the report of the Comptroller and Auditor
General thereon;
(b)
to examine the statement of accounts
showing the income and expenditure of autonomous and semi-autonomous bodies,
the audit of which may be conducted by the Comptroller and Auditor-General
under competent authority; and
(c)
to consider the report of the
Comptroller and Auditor-General in cases where he may have been required to
conduct audit of any receipt or to examine the accounts of stores and stocks.
(4)
If any money has been spent on any
service during a financial year in excess of the amounts granted by the House
for that purpose, the Committee shall examine with reference to the facts of
each case, the circumstances leading to such an excess and make such recommendation
as it may deem fit.
Provided
that the Committee shall not exercise its functions in relation to such Public
Undertakings as are allotted to the Committee on Public Undertakings by these
rules or by the Speaker.
Rule - 265. Constitution of the Committee.
(1)
The Committee on Public Accounts shall
consist of not more than twenty members, of whom fifteen shall be elected by
the Assembly from amongst its members and five by the Council from amongst its
members according to the principle of proportional representation by means of
the single transferable vote.
Provided
that a Minister shall not be elected a member of the Committee and that if a
member, after the election to the Committee, is appointed a Minister he shall
cease to be a member of the Committee from the date of such appointment.
Term of the Committee
(2)
The Committee shall hold office for a
term not exceeding one year.
Quorum
(3) [x x x]
Rule - 266. Presentation of the report of the Committee on Public Accounts.
The
report of the Committee on Public Accounts on the accounts of the Government
and the report of the Comptroller and Auditor-General thereon shall be
presented to the House by the Chairman of the said Committee, if he is a member
of the House or by any member who may be authorised in this behalf by the
Chairman.
Rule - 266A. Committee on Local Bodies and Panchayat Raj Institutions.
(1)
Constitution of the Committee:-
The
Committee on the Local Bodies and Panchayat Raj Institutions shall consist of
not more than twenty members, of whom, fifteen shall be nominated by the
Speaker, Legislative Assembly and Five shall be nominated by the Chairman,
Legislative Council.
(2)
Term of the Committee:-
The
Committee shall hold office for a term not exceeding one year.
(3)
Quorum:-
In
order to constitute a sitting of the Committee, atleast one third of the total
number of members of the Committee shall be present.
(4)
Functions of the Committee:-
(a)
To examine the accounts showing the
appropriation of sums granted for the expenditure of Local Bodies and Panchayat
Raj Institutions, the annual finance accounts of the State Government and such
other accounts as the Committee may think fit.
(b)
to scrutinise the Appropriation
Accounts of the State Government and the reports of the Comptroller and Auditor
General thereon laid before the House.
(c)
to examine whether the Local Bodies
and Panchayat Raj Institutions are performing their duties, in accordance with
the law, bearing in mind the autonomy of the Local Bodies and Panchayat Raj
Institutions.
(d)
to examine any other points if
referred to the committee by the Hon'ble Speaker with reference to the
objectives of Local Bodies or Panchayat Raj Institutions.
Provided,
that the committee shall not examine and investigate thereon any of the
following, namely:
(a)
matter of major policies of the
Government as distinct from Local Bodies and Panchayat Raj Institutions;
(b)
day-to-day matters of administration
of the Local Bodies and Panchayat Raj Institutions;
(c)
Matters for the consideration of which
Machinery is established by any special statue under which the Local Bodies and
Panchayat Raj Institutions are established.
(5)
Presentation of the Report of the
Committee on Local Bodies and Panchayat Raj Institutions:-
The
report of the Committee on Local Bodies and Panchayat Raj Institutions on the
accounts of the Government and the report of the Comptroller and Auditor
General thereon shall be presented to the House by the Chairman of the said
Committee, if he is a member of the House or by any member who may be
authorized in this behalf by the Chairman.
(G) COMMITTEE ON ESTIMATES
Rule - 267. Functions of the Committee.
There
shall be a Committee on Estimates for the examination of such of the estimates
as may deem fit to the Committee or are specifically referred to it by the House
or the Speaker. The functions of the Committee shall be-
(a)
to report what economies, improvements
in organisation, efficiency or administrative reforms, consistent with the
policy underlying the estimates may be affected;
(b)
to suggest alternative policies in
order to bring about efficiency and economy in administration;
(c)
to examine whether the money is well
laid out within the limits of the policy implied in the estimates; and
(d)
to suggest the form in which the
estimates shall be presented to the Legislature.
Provided
that the Committee shall not exercise the functions in relation to such Public
Undertakings as are allotted to the Committee on Public Undertakings by the
rules or by the Speaker.
Rule - 268. Constitution of the Committee.
(1)
The Committee shall consist of not
more than Eighteen members who shall be elected by the House from amongst its
members according to the principle of proportional representation by means of
single transferable vote.
Provided
that a Minister shall not be elected to be a member of the Committee, and that
if a member, after his election to the Committee, is appointed a Minister, he
shall cease to be a member of the Committee from the date of such appointment.
Term of the Committee
(2)
The Committee shall hold office for a
term not exceeding one year.
Quorum
(3) [x x x]
Rule - 269. Examination of estimates by the Committee.
The
Committee may continue the examination of the estimates from time to time
throughout the financial year and report to the House as its examination
proceeds. It shall not be incumbent on the Committee to examine the entire
estimates of any one year. The demands for grants may be finally voted
notwithstanding the fact that the Committee has made no report.
(H) COMMITTEE ON PUBLIC UNDERTAKINGS
Rule - 270. Functions of the Committee.
There
shall be a Committee on Public Undertakings for the examination of the working
of the Public Undertakings specified in the Schedule. The functions of the
Committee shall be:
(a)
to examine the reports and accounts of
the Public Undertakings specified in the Schedule III;
(b)
to examine the reports, if any, of the
Comptroller and Auditor General on the Public Undertakings;
(c)
to examine in the context of the
autonomy and efficiency of the public undertakings, whether the affairs of the
public undertakings are being managed in accordance with sound business
principles and prudent commercial practices; and
(d)
to exercise such other functions
vested in the Committee on Public Accounts and the Committee on Estimates in
relation to the Public Undertakings specified in the III Schedule as are not
covered by clauses (a), (b) and (c) above and as may be allotted to the
Committee by the Speaker from time to time;
Provided
that the Committee shall not examine and investigate any of the following,
namely;
(i)
matters of major Government policy as
distinct from business or commercial functions of the public undertakings;
(ii)
matters of day-to-day administration;
(iii)
matters for the consideration of which
machinery is established by any special statute under which a particular public
undertakings is established.
Rule - 271. Constitution of the Committee.
(1)
The committee shall consist of;
(a)
not more than fifteen members elected
by the House from amongst its members according to the principle of
proportional representation by means of single transferable vote; and
(b)
not more than five members from the
Legislative Council;
Provided
that a Minister shall not be elected a member of the Committee and that if a
member, after his election to the Committee is appointed a Minister shall cease
to be a member of the Committee from the date of such appointment.
Provided
further that the members of the House of the first Committee shall be nominated
by the Speaker.
Term of the Committee
(2)
The Committee shall hold office for a
term not exceeding one year.
(I) COMMITTEE OF PRIVILEGES
Rule - 272. Constitution of the Committee.
(1)
There shall be appointed a Committee
of Privileges for the House consisting of not more than Eleven members of whom
Nine shall be elected by the House from amongst its members in accordance with
the principle of proportional representation by means of single transferable
vote and two members nominated by the Speaker at his discretion.
Provided that a Minister shall not be elected as a member
of the Committee and that if a member, after his election to the Committee is
appointed as Minister shall cease to be a member of the Committee from the date
of such appointment.
Quorum
(2) [x x x]
Term of the Committee
(3) The Committee shall hold office for a term not
exceeding one year.
Rule - 273. Examination of questions 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 recommendation as it may deem
fit.
(2)
The report may also state the
procedure to be followed by the House in giving effect to the recommendations
made by the Committee.
Rule - 274. Consideration of Report.
(1)
After the report has been presented by
the Chairman or any member of the Committee or any other member may move that
the report be taken into consideration, whereupon the Speaker may put the
question to the House.
(2)
Before putting the question to the
House, the Speaker may permit a debate on the motion, not exceeding half an
hour in duration, and such debate shall not refer to the details of the report
further than is necessary to make out a case for the consideration of the
report of the House.
(3)
After the motion made under sub-rule
(1) is agreed to the Chairman or any member of the Committee or any other
member, as the case may be, may move that the House agrees, or disagree with
amendments, with the recommendations contained in the report.
Rule - 275. Priority for consideration of report of the Committee.
A
motion that the report of the Committee be taken into consideration shall be
accorded the priority assigned to a matter of privilege under sub-rule (1) of
rule 194 unless there has been undue delay in bringing it forward;
Provided
that when a date has already been fixed for the consideration of the report, it
shall be given priority as a matter of privilege on the day so appointed.
(J) COMMITTEE ON SUBORDINATE LEGISLATION
Rule - 276. Functions of the Committee.
There
shall be a Committee on Subordinate Legislation to scrutinize and report to the
Legislature whether the powers to make regulations, rules, sub-rules, bye-laws.
etc., conferred by the Constitution or delegated by Parliament or the State
Legislature being properly exercised within such delegations.
Rule - 277. Constitution of the Committee.
(1)
The Committee shall consist of twenty
members of whom fifteen shall be elected by the House from among its member and
five by the Council from among its members according to the principle of
proportional representation by means of single transferable vote.
Provided that a Minister shall not be elected as a member
of the Committee and that if a member, after his election to the Committee is
appointed as Minister shall cease to be a member of the Committee from the date
of such appointment.
Term of the Committee
(2)
The Committee shall hold office for a
term not exceeding one year.
Rule - 278. Duties of Committee.
(1)
As soon as may be, after each
regulation rule 'sub-rule'. 'bye-law', etc., made in pursuance of provisions of
the Constitution or in exercise of the powers delegated by Parliament or the
State Legislature is laid before the House or published in the Gazette, the
Committee shall, in particular, consider-
(i)
whether it is in accordance with the
general objects of the Constitution or the Act pursuant to which it is made;
(ii)
whether it contains matter which in
the opinion of the Committee should more properly be dealt with an act of
Legislature;
(iii)
whether it contains imposition of any
tax;
(iv)
whether it directly or indirectly bars
the jurisdiction of the courts;
(v)
whether it gives retrospective effect
to any of the provisions in respect of which the Constitution or the Act does
not expressly give such power;
(vi)
whether it involves expenditure from
the Consolidated Fund of the State or the public revenues;
(vii)
whether it appears to make some
unusual or unexpected use of the powers conferred by the Constitution or the
Act pursuant to which it is made;
(viii)
whether there appears to have been
unjustifiable delay in its publication or in laying it before the Legislature;
and
(ix)
whether for any reason its form or
purport calls for any elucidation.
Rule - 279. Report of the Committee.
(1)
If the Committee is of opinion that
any order should be annulled wholly or in part, or should be amended in any
respect, it shall report that opinion and the grounds thereof to both Houses of
the Legislature.
(2)
If the Committee is of opinion that
any other matter relating to any order should be brought to the notice of both
Houses of the Legislature, it may report that opinion and matter to both Houses
of the Legislature.
Rule - 280. Power of Speaker to give direction.
The
Speaker may issue such directions as he may consider necessary for regulation
of the procedure in connection with all matters connected with the
consideration of any question of Subordinate Legislation either in the
Committee or in the House.
(K) COMMITTEE ON GOVERNMENT ASSURANCES
Rule - 281. Constitution of the Committee.
The
Committee shall consist of not more than Fifteen members elected by the House
from amongst its members according to the principle of proportional
representation by means of single transfer table vote.
Provided that a Minister shall not be elected as a member
of the Committee and that if a member, after his election to the Committee is
appointed as Minister shall cease to be a member of the Committee from the date
of such appointment.
Rule - 282. Functions of the Committee.
(1)
There shall be a Committee on
Government Assurances to scrutinize the assurances, promises, undertakings,
etc., given by Ministers, from time to time, on the floor of the House and to
report on-
(a)
the extent to which such assurances,
promises, undertakings, etc., have been implemented; and
(b)
where implemented whether such
implementation has taken place within the minimum time necessary for the purpose.
Term of the Committee
(2)
The Committee shall hold office for a
term not exceeding one year.
(L) COMMITTEE ON PRIVATE MEMBERS' BILLS AND RESOLUTIONS
Rule - 283. Constitution of the Committee.
(1)
There shall be a Committee on Private
Members' Bills and Resolutions consisting of the Deputy Speaker who shall be
the Chairman of the Committee and ten other members who shall be elected by the
House from amongst its members according to the principle of proportional
representation by means of single transferable vote.
Provided that a Minister shall not be elected as a member
of the Committee and that if a member, after his election to the Committee is
appointed as Minister shall cease to be a member of the Committee from the date
of such appointment.
Term of the Committee
(2)
The Committee shall hold the office
for a term not exceeding one year.
Functions of the Committee
(3)
The functions of the Committee shall
be-
(a)
to recommend the time that should be
allocated for the discussion of the stage or stages of each Private Members'
Bill;
(b)
to examine every Private Members' Bill
which is opposed in the House on the ground that the Bill initiates legislation
outside the legislative competence of the House and the Speaker considers such
objection;
(c)
to recommend time limit for the
discussion of Private Members' resolutions and other ancillary matters.
(4)
The committee shall perform such other
functions in respect of Private Members' Bills and Resolutions as may be
assigned to it by the Speaker, from time to time.
Rule - 284. Motion moved in House on the Report.
At
any time after report has been presented to the House a motion may be moved
that the House agrees with amendments or disagrees with the report;
Provided
that an amendment may be moved that the report be referred back to the
Committee either without limitation or with reference to any particular matter;
Provided
further that not more than half an hour shall be allotted for discussion of the
motion and no member shall speak for more than five minutes on such motion.
Rule - 285. Disposal of outstanding matters at the appointed hour.
At
the appointed hour, in accordance with the allocation of Time Order, the
Speaker shall forthwith put every question necessary to dispose of all the
outstanding matters in connection with the completion of a particular stage of
the Bill or the resolution.
(M) COMMITTEE ON THE WELFARE OF SCHEDULED CASTES AND
SCHEDULED TRIBES
Rule - 286. Constitution of the Committee.
There
shall be a Committee of both Houses of the Legislature to be called, "The
Committee on the Welfare of Scheduled Castes and Scheduled Tribes"
consisting of twenty members, fifteen from the Legislative Assembly and five
from the Legislative Council, to be elected according to the principle of
proportional representation by means of single transferable vote;
Provided
that a Minister shall not be elected a member of the Committee and that if a
member after his election to the Committee, is appointed a Minister, he shall
cease to be a member thereof from the date of such appointment.
Rule - 287. Functions of the Committee.
(1)
The functions of the Committee shall
be-
(i)
to review the progress and
implementation of the welfare programmes and other ameliorative measures as
also constitutional safeguards for Scheduled Castes and Scheduled Tribes.
(ii)
to suggest ways and means of realising
the objective of Government policy to bring about improvement in the conditions
of these classes in the shortest possible time.
Term of the Committee
(2)
The Committee shall hold office for a
term not exceeding one year.
Quorum
(3) [x x x]
(N) COMMITTEE ON THE WELFARE OF BACKWARD CLASSES AND
MINORITIES
Rule - 288. Constitution of the Committee.
There
shall be a Committee of both Houses of the Legislature to be called "The
Committee on the Welfare of Backward Classes and Minorities" consisting of
twenty members, Fifteen from the Legislative Assembly and Five from the
Legislative Council, to be elected according to the principle of proportional
representation by means of single transferable vote.
Provided
that a Minister shall not be elected a member of the Committee and that if a
member after his election to the Committee is appointed a Minister, he shall
cease to be a member thereof from the date of such appointment.
Rule - 289. Functions of the Committee.
(1)
The functions of the Committee shall
be;
(a)
to examine matters consisting the
welfare of backward classes which fall within the purview of State Government.
(b)
to examine the measures taken by the
State Government to secure due representation of the backward classes in
services, and posts under its control having regard to the provision of
Article, 16 of the Constitution and guarantees given by the State Government to
the backward communities.
(c)
to review the progress and
implementation of the welfare programmes and other ameliorative measures as
also constitutional safeguards for Backward Classes.
Term of the Committee
(2)
The Committee shall hold office for a
term not exceeding one year.
Quorum
(3) [x x x]
(O) COMMITTEE ON PAPERS LAID ON THE TABLE
Rule - 290. Constitution of the Committee.
(1)
There shall be a Committee on Papers
Laid on the Table.
(2)
The Committee shall consist of twenty
Members, fifteen from the Legislative Assembly nominated by the Speaker and
five from the Legislative Council nominated by the Chairman.
Provided that a Minister shall not be elected as a member
of the Committee and that if a member, after his election to the Committee is
appointed as Minister shall cease to be a member of the Committee from the date
of such appointment.
(3)
The Committee shall hold office for a
term not exceeding one year.
Rule - 291. Functions of the Committee.
(1)
The functions of the Committee shall
be to examine all papers laid on the Table of the House by Ministers and to
report to the House on -
(a)
whether there has been compliance of
the provisions of the Constitution, Act, rule or regulation under which the
paper has been laid;
(b)
whether there has been any unreasonable
delay in laying the paper.
(c)
if there has been such delay, whether
a statement explaining the reasons for delay has been laid on the table of the
House and whether those reasons are satisfactory;
(d)
whether both the Kannada and English
versions of the paper have been laid on the Table;
(e)
whether a statement explaining the
reasons for not laying the Kannada versions has been given and whether such
reasons are satisfactory.
(2)
The Committee shall perform such other
functions in respect of the papers laid on the Table as may be assigned to it
by the Speaker from time to time.
Rule - 292. Restriction on Raising Matters in the House About papers Laid.
A
member wishing to raise any of the matters referred to in sub-rule (1) of rule
291 shall refer it to the Committee and not raise it in the House.
Rule - 293. Departmentally Related Subject Committees.
(1)
There shall be departmentally related
15 Subject Committees of the Houses (hereinafter called as Subject Committees).
(2)
The Departments covered under the
jurisdiction of each of the Subject Committees shall be as specified in the
Schedule IV.
Provided
that the Chairman, Legislative Council and the Speaker, Legislative Assembly
may alter the said schedule from time to time in consultation with each other.
Rule - 294. Constitution and term.
(1)
Each of the Subject Committees
constituted under Rule 293 shall consist of 17 Members of which 12 Members
shall be nominated by the Speaker from amongst the Members of the Legislative
Assembly and 5 Members shall be nominated by the Chairman, Legislative Council
from amongst the Members of the Legislative Council.
(2)
No Member shall be nominated to more
than one Subject Committee.
(3)
A Minister shall not be nominated as a
Member of a Subject Committee and if a Member after his nomination to the
Subject Committee is appointed as Minister he shall cease to be a Member of
Subject Committee from the date of such appointment.
Provided
that a Minister may attend the meeting if he desires to do so, with prior
intimation to the Chairperson of the Subject Committee.
(4)
The Chairpersons of Subject Committees
specified in Part I of Schedule IV shall be appointed by the Chairman,
Legislative Council and the Chairpersons of Subject Committees specified in
Part II Schedule IV shall be appointed by the Speaker, Legislative Assembly
from amongst the Members of the Subject Committee and the Chairperson of a
Committee so appointed shall not be appointed as Chairperson of any other
Subject Committee for the second time.
(5)
The term of the Subject Committee
shall expire on the date of presentation of its report.
Rule - 295. Functions.
(1)
The functions of each of the Subject
Committee shall be as follows:-
(i)
To scrutinize the Demands for Grants
of the concerned Departments and make a report on the same to the Houses. The
Reports shall not suggest anything of the nature of cut-motions.
(ii)
The Subject Committees shall not
suggest any increase in the total amount of any demand, but it is open to
recommend re-allocation among the different sub-heads within the same head of demand
or to propose reductions.
(2)
The Subject Committees shall not
consider the matters of day to day administration of the concerned department.
(3)
The Subject Committees shall not
consider the matters which are within the purview of other Legislature Committees.
Rule - 296.The following procedure shall be followed by each of the Subject Committee at the time of consideration of Demands for Grants and making a report thereon to the Houses
(a)
After the general discussion on the
Budget in the Houses is over, the Houses shall be adjourned for a fixed period;
(b)
The Subject Committee shall consider
the Demands for Grants of the concerned departments during the aforesaid
period;
(c)
The Subject Committees shall present
their reports within a period of 45 days from the date of their constitution
and shall hold their sittings from Monday to Friday excluding Holidays and
shall not ask for extension of time;
(d)
The Demands for Grants shall be
considered by the Houses in the light of the reports of the Subject Committees;
(e)
There shall be a separate report on
the Demands for Grants of each Department.
Rule - 297. Reports of the Subject Committees.
(1)
The Reports of the Subject Committees
shall be based on broad consensus.
(2)
A Member of a Subject Committee may
give note of dissent on the report of the Subject Committee.
(3)
The note of dissent shall be presented
to the Houses along with the report.
Rule - 298. Applicability of General Rules.
Except
for matters for which special provision is made in the rules relating to the
Subject Committees, the general rules applicable to other Legislature
Committees in Legislative Council shall apply mutatis-mutandis to the Subject
Committees specified in Part I of Schedule IV and general rules applicable to
other Legislature Committees in Legislative Assembly shall apply to Subject
Committees specified in Part II of Schedule IV.
Rule - 299. Venue of Sittings.
The
Subject Committees shall not hold their sittings outside the precincts of the
Legislature and shall not undertake study visits or tours.
Rule - 300. Power to have Expert Opinion.
The Subject Committee may avail the opinion of Experts or
the public, if necessary, for consideration of demands for grants.
Rule - 301 to 304.Omitted
COMMITTEE ON WELFARE OF WOMEN AND CHILDREN
Rule - 305. Constitution of the Committee.
At
the commencement of Assembly or from time to time, as the case may be, the
Speaker shall nominate a Committee on the Welfare of Women and Children
consisting of not more than twenty members of whom not more than fifteen members
shall be nominated by the Speaker from amongst the members of Legislative
Assembly and not more than Five members shall likewise be nominated by the
Chairman of the Legislative Council from amongst the members of the Legislative
Council.
Provided
that a Minister shall not be nominated as a member of the Committee and that if
a member after his nomination to the committee is appointed a Minister, he
shall cease to be a member of the Committee from the date of such appointment.
Rule - 306. Functions.
The
functions of the Committee shall be-
(1)
to examine complaints regarding:-
(a)
the atrocities, violence or unfair
practice perpetrated on or the exploitation of women and children in the State;
(b)
torture, exploitation, suicide or
murder of women in connection with dowry problems which has taken place in the
State;
(c)
the employment of children below 14
years of age in hotels or in any arduous or hazardous labour in factories,
mines or agricultural operations or the children being subjected to inhuman
activities or forced labour in the State.
(2)
to examine:-
(a)
the functioning of any orphanage, poor
home, welfare home, hospital, asylum, educational institution, boarding house,
prison, police lock up, factory or any place of calling or avocation where
women and children are generally admitted or any rescue home, shelter home,
abalamandir, maternity and child welfare home, borstal school or any other
similar institutions exclusively meant for women and children and such other
premises as the committee may determine from time to time in consultation with
the Speaker.
(b)
any matter arising out of the
discussion in the House relating to the atrocities, violence or unfair practice
perpetrated on or the exploitation of women and children in the State;
(c)
the impact of addiction to alcohol,
intoxicating or narcotic drug or psychotropic substances or other materials of
similar nature in women and children and to suggest remedial measures there to;
(d)
the functioning of the institutions
and government department dealing with the welfare of women and children.
(3)
to suggest measures for:-
(a)
the rehabilitation of unmarried or
deserted mothers and the aged and destitute women and desolated widows;
(b)
making the mentally retarded, the
infirm and the physically handicapped children self-sufficient and useful
members of the society;
(c)
the rehabilitation of juvenile
delinquents and women prisoners who are set free after the period of their
sentence;
(d)
the welfare of disorganised group of
women engaged in household labour and similar other occupations.
(4)
to examine such other matters as may
be deemed fit by the committee or specially referred to it by the House or by
the Speaker.
CHAPTER-XXV GENERAL
RULES OF PROCEDURE
Notices
Rule - 307. Notices by members.
(1) Every notice required
by these rules shall be given in writing addressed to the Secretary and signed
by the member giving notice, and shall be left at the Notice Office which shall
be kept open for this purpose between the hours to be notified from time to
time every day except Sunday or a public holiday.
(2) Notices left or
delivered by post after the hours notified under sub-rule (1) shall be treated
as given on the next open day.
(3) Notice shall be given
in such form and manner as the Speaker may determine.
Rule - 308. Circulation of notice and papers to members.
(1) The Secretary shall
make every effort to circulate to each member a copy of every notice or other
paper which is required, by these rules, to be made available for the use of
members.
(2) A notice or other
paper shall be deemed to have been made available for the use of every member
if a copy thereof is deposited in such manner and in such place as the Speaker
may, from time to time, direct.
Rule - 309. Speaker to amend notice of questions and motions, etc.
If
in the opinion of the Speaker, any notice contains words, phrases or
expressions which are argumentative, unparliamentary, ironical, irrelevant,
verbose or otherwise inappropriate, he may, in his discretion, amend such
notice before it is circulated.
MOTIONS
Rule - 310. Repetition of Motion.
A
motion shall not raise a question substantially identical with one on which the
House has given a decision in the same session.
Rule - 311. Disallowance or Amendment by Speaker.
(1) The Speaker may amend
or disallow a motion which in his opinion does not comply with the rules.
(2) The Speaker may
disallow any motion or part of a motion on the ground that it relates to a
matter which is not primarily the concern of the State Government.
(3) A motion or question
which has not been admitted by the Speaker shall not be entered in the list of
business or printed in the official report of proceedings.
Rule - 312. Motions not to be published until admitted.
No
motions shall be published before it has been admitted by the Speaker.
Rule - 313. Moving of Motions.
(1) A member who has
given notice of a motion shall when called on, either
(a) state that he does
not wish to move the motion, or
(b) move the motion, in
which case he shall commence his speech by a formal motion in the terms
appearing on the list of business;
Provided
that with the permission of the Speaker, he may make a minor or verbal
alteration in the terms of the motion.
(2) If the member when
called on is absent, any other member authorised by him in writing in this
behalf may, with the permission of the Speaker, move the motion standing in his
name. Such permission shall not be granted in the case of a statutory motion or
motions relating to Bills, amendments to Bills, or amendments to these rules,
or motions of which notice is given under rule 178, if no member has been so
authorised or such permission is not granted, the motion, other than a motion
relating to Bill to which the provisions of rule apply, shall lapse.
Rule - 314. Withdrawal of Motion.
(1) A member who has made
a motion may withdraw the same by leave of the House.
(2) The leave shall be
signified not upon question but the Speaker taking the pleasure of the House.
The Speaker shall ask, "Is it the pleasure that the motion be
withdrawn?" If no one dissents the Speaker shall say: "The motion is
by leave withdrawn." But if any dissentient voice be heard or a member
rises to continue the debate, the Speaker 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.
Rule - 315. Proposing the question.
After
a motion has been made, the Speaker shall propose the question by reading the
motion for the consideration of the House.
Rule - 316. Adjournment of debate on motion.
At
any time after a motion has been made, a member may move that the debate on the
motion be adjourned.
Rule - 317. Dilatory motion in abuse of the rules of the House.
(1) If the Speaker is of
opinion that a motion for the adjournment of a debate is an abuse of the rules
of the House, he may either forthwith put the question thereon from the Chair
or decline to propose the question.
(2) If the Speaker is of
opinion that a motion for re-circulation of a Bill to elicit further opinion
thereon is in the nature of a dilatory motion in abuse of the rules of the
House in as much as the original circulation was adequate or comprehensive or
that no circumstance has arisen since the previous circulation to warrant the
re-circulation of the Bill, he may forthwith put the question thereon from the
Chair or decline to propose the question.
(3) If the Speaker is of
opinion that a motion for committal of a Bill to a Select Committee of the
House or to a Joint Select Committee or circulation or re-circulation of the
Bill after Select Committee of the House or the Joint Select Committee may
report thereon, is in the nature of a dilatory motion in abuse of the rules of
the House in as much as the Select Committee of the House or the Joint Select
Committee as the case may be, has dealt with the Bill in a proper manner or
that no unforeseen or new circumstance has arisen since the Bill emerged from
such Committee, he may forthwith put the question thereon from the Chair or
decline to propose the question.
Rule - 318. Motion that the policy or situation or statement or any other matter be taken into consideration.
A
motion that the policy or situation or statement or any other matter be taken
into consideration shall not be put to the vote of the House, but the House
shall proceed to discuss such matter immediately after the mover has concluded
his speech and no further question shall be put at the conclusion of the debate
at the appointed hour unless a member moves a substantive motion in appropriate
terms to be approved by the Speaker and the vote of the House shall be taken on
such motion.
Rule - 319. Anticipating discussion.
No
member shall anticipate the discussion of any subject of which notice has been
given provided that in determining whether a discussion is out of order on the
ground of anticipation, regard shall be had by the Speaker to the probability
of the matter anticipated being brought before the House within a reasonable
time.
AMENDMENTS
Rule - 320. Scope of Amendments.
(1) An amendment shall be
relevant to and within the scope of the motion to which it is proposed.
(2) An amendment shall
not be moved which has merely the effect of a negative vote.
(3) An amendment on a
question shall not be inconsistent with a previous decision on the same
question.
Rule - 321. Notice of Amendments.
Notice
of an amendment to a motion shall be given one day before the day on which the
motion is to be considered unless the Speaker allows the amendment to be moved
without such notice.
Rule - 322. Selection of Amendments.
The
Speaker shall have power to select the amendments to be proposed, in respect of
any motion, 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.
Rule - 323. Putting of Amendments.
The
Speaker may put amendments in such order as he may think fit;
Provided
that the Speaker may refuse to put an amendment which in his opinion is
frivolous.
RULES TO BE OBSERVED
BY MEMBERS
Rule - 324. Rules to be observed by Members while present in the House.
Whilst
the House is sitting, a member -
(i) shall not read any
book, newspaper or letter except in connection with the business of the House;
(ii) shall not interrupt
any member while speaking by disorderly expression or noises or in any other
disorderly manner;
(iii) shall bow to the
Chair while entering or leaving the House and also when taking or leaving his
seat;
(iv) shall not pass
between the Chair and any member who is speaking;
(v) shall not leave the
House when the Speaker is addressing the House;
(vi) shall always address
the Chair;
(vii) shall keep to his
usual seat while addressing the House;
(viii) shall maintain
silence when not speaking in the House;
(ix) shall not obstruct
proceedings or interrupt and shall avoid making running commentaries when
speeches are being made in the House;
(x) shall not applaud
when a stranger enters any of the galleries;
(xi) shall not while
speaking make any reference to the strangers in any of the galleries;
(xii) shall not shout
slogans in the House;
(xiii) shall not sit or
stand with his back towards the Chair;
(xiv) shall not approach
the Chair personally in the House. He may send chits to the officers at the
table, if necessary;
(xv) shall not wear or
display badges of any kind in the House;
(xvi) shall not bring or
display arms in the House;
(xvii) shall not display
flags, emblems or any exhibits in the House;
(xviii) shall not leave the
House immediately after delivering his speech;
(xix) shall not distribute
within the precincts of the House any literature, questionnaire, pamphlets,
press notes, leaflets etc, not connected with the business of the House;
(xx) shall not place his
hat/cap on the desk in the House, bring boards in the chamber for keeping files
or for writing purposes, smoke or enter the House with his coat hanging on the
arms;
(xxi) shall not carry
walking stick into the House unless permitted by the Speaker on health grounds;
(xxii) shall not tear off
documents in the House in protest;
(xxiii) shall not bring or
play cassette or tape recorder in the House; and
(xxiv) shall avoid talking
or laughing in Lobby loud enough to be heard in the House.
Rule - 325. Member to speak when called by Speaker.
When
a member rises to speak, his name shall be called by the Speaker. If more
members than one rise at the same time, the member whose name is so called be
entitled to speak.
Rule - 326. Mode of addressing the House.
A
member desiring to make any observations on any matter before the House shall
speak from his place, shall rise when he speaks and shall address the Speaker.
Provided
that a member disabled by sickness or infirmity may be permitted to speak sitting.
Rule - 327. Rules to be observed while speaking.
A
member while speaking shall not -
(i) Refer to any matter
of fact on which a judicial decision is pending;
(ii) make a personal
charge against a member;
(iii) use offensive
expressions about the conduct of proceedings of Parliament or any State
Legislature;
(iv) reflect on any
determination of the House except on a motion for rescinding it;
(v) reflect upon the
conduct of person 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 person whose conduct in the opinion of the Speaker
should be discussed on a substantive motion drawn up in terms to be approved by
him;
(vi) use the Governor's
name for the purpose of influencing the debate;
(vii) utter treasonable,
seditious or defamatory words;
(viii) use his right of
speech for the purpose of obstructing the business of the House;
(ix) reflect upon the
office of the Speaker or attribute any motive to the Legislature Secretariat;
(x) reflect upon the
conduct of President or any Governor or any Court of Justice or use the
Governor's or President's name for the purpose of influencing a debate;
(xi) make any reference to
the strangers in any of the galleries;
(xii) refer to Government
officials by name; and
(xiii) read a written speech
except with the previous permission of the Chair.
Rule - 328. Procedure regarding allegations against a person.
No
allegation of a defamatory or incriminatory nature shall be made by a member
against any person unless the member has given previous intimation to the
Speaker and also to the Minister concerned so that the Minister may be able to
make an investigation into the matter for the purpose of reply;
Provided
that the Speaker may at any time prohibit any member from making any such
allegation if he is of opinion that such allegation is derogatory to the
dignity of the House or that no public interest is served by making such
allegation.
Rule - 329. Restriction in quoting speeches made in Council.
No
speech made in the Council shall be quoted in the House unless it is a definite
statement of policy by a Minister.
Provided
that the Speaker on a request being made to him in advance, give permission to
a member to quote a speech or make reference to the proceedings in the Council,
if the Speaker thinks that such a course is necessary in order to enable the
member to develop a point of privilege or procedure.
Rule - 330. Question to be asked through the Speaker.
When,
for the purpose 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 House, he shall ask the question
through the Speaker.
Rule - 331. Irrelevance or repetition.
The
Speaker, after having called the attention of the House to the conduct of a
member who persists in irrelevance or in tedious repetition either of his own
arguments or of the arguments used by other members in debate, may direct him
to discontinue his speech.
Rule - 332. Personal explanation.
A
member may, with the permission of the Speaker, make a personal explanation
although there is no question before the House, but in this case no debatable
matter may be brought forward, and no debate shall arise.
ORDER OF SPEECHES AND
RIGHT OF REPLY
Rule - 333. Order of Speeches and Right of reply.
(1) After the member who
moves a motion has spoken, other member may speak on the motion in such order
as the Speaker may call upon them. If any member who is so called upon does not
speak, he shall not be entitled, except by the permission of the Speaker, to
speak on 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 on any motion except with the permission of the
Speaker.
(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 permission of the Speaker,
speak (whether he has previously spoken in the debate or not) after 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
Speaker.
Rule - 334. Mover's reply concludes debate.
Subject
to the provisions of sub-rule (3) of rule 333 the reply of the mover of the
original motion shall in all cases conclude the debate.
Rule - 335. Duration of Speeches.
The
Speaker may, in cases not specifically provided for in the rules and having
regard to the state of business before the House and the nature of the motion,
prescribe a time limit for speeches on the motion.
ADDRESS BY SPEAKER
Rule - 336. Address by Speaker.
The
Speaker may himself, or on a point being raised or on a request made by a
member, address the House at any time on a matter under consideration in the
House with a view to aid members in their deliberations, and such expression of
view shall not be taken to be in the nature of a decision.
PROCEDURE WHEN
SPEAKER RISES
Rule - 337. Procedure when Speaker rises.
(1) Whenever the Speaker
rises he shall be heard in silence and any member who is then speaking or
offering to speak shall immediately sit down.
(2) No member shall leave
his seat while the Speaker is addressing the House.
CLOSURE
Rule - 338. Closure.
(1) At any time after a
motion has been made any member may move "That the question be now
put" and, unless it appears to the Speaker that the motion is an abuse of
these rules or an infringement of the right of reasonable debate, the Speaker
shall then put the motion: "That the question be now put":-
(2) Where the motion:
"That the question be now put" has been carried, the question or
questions consequent thereon shall be put forthwith without further debate;
Provided
that the Speaker may allow a member any right or reply which he may have under
these rules.
Rule - 339. Limitation of debate.
(1) Whenever the debate
on any motion in connection with a Bill or any other motion becomes unduly
protracted, the Speaker may, after taking the sense of the House, fix the time
limit for the conclusion of discussion on any stage or all stages of the Bill
or the motion, as the case may be.
(2) At the appointed
hour, in accordance with the time limit fixed for the completion of a
particular stage of a Bill or a motion, the Speaker shall, unless the debate is
sooner concluded, forthwith put every question necessary to dispose of all the
outstanding matters in connection with the stage of the Bill or the motion.
QUESTION FOR DECISION
Rule - 340. Procedure for obtaining decision of the House.
A
matter requiring the decision of the House shall be decided by means of a
question put by the Speaker on a motion made by a member.
Rule - 341. Proposal and putting of question.
When
a motion has been made, the Speaker shall propose the question for the
consideration, and put it for the decision of the House. If a motion embodies
two or more separate proposition, those propositions may be proposed by the Speaker
as separate questions.
Rule - 342. No speech after voices collected.
A
member shall not speak on a question after the Speaker has collected the voices
both of the Ayes and of the NOes on that question.
PAPERS QUOTED TO BE
LAID ON THE TABLE
Rule - 343. Papers quoted to be laid on the table.
If
a Minister quotes in the House a despatch or other State paper which has not
been presented to the House, he shall lay the relevant paper on the Table;
Provided
that this shall not apply to any documents which are stated by the Minister to
be of such a nature that their production would be inconsistent with public
interest.
Provided
further that where a Minister gives in his own words a summary or gist of such
despatch or State paper it shall not be necessary to lay the relevant papers on
the Table.
Rule - 344. Treatment of papers laid on the Table.
(1) A paper or document
to be laid on the Table shall be duly authenticated by the member presenting
it.
(2) all papers and
documents laid on the Table shall be considered public.
Rule - 345. Statement by a Minister.
With
the consent of the Speaker a Minister may make a statement on a matter of
public importance. On such statement no discussion shall be allowed, members
may be permitted to ask clarification for the purpose of eliciting further
information.
DIVISION
Rule - 346. Division.
(1) On the conclusion of
a debate, the Speaker shall put the question and invite those who are in favour
of the motion to say "Aye" and those against motion to say
"No."
(2) The Speaker shall
then say "I think the Ayes (or the NOes as the case may be) have it.
"If the opinion of the Speaker as to the decision of a question is not
challenged, he shall say twice:
"The
Ayes (or the Noes, as the case may be) have it" and the question before
the House shall be determined accordingly.
(3) If the opinion of the
Speaker as to the decision of a question is challenged, he shall arrange to
have division bell rung for two minutes.
(4) after the lapse of
two minutes he shall have the door closed and shall put the question a second
time and invite those who are in favour of the motion to say "Aye"
and those against the motion to say "No."
(5) If the opinion of the
Speaker as to the decision of the question is again challenged, shall ask the
members who are for "Aye" and those who are for "No"
respectively to rise in their places and on a count being taken declare the
determination of the House. In such a case, the names of the voters shall not
be recorded.
(6) If the Speaker does
not adopt the course provided for in sub-rule (3) he shall order a division to
be taken in such other manner as he may determine.
WITHDRAWAL AND
SUSPENSION OF MEMBERS
Rule - 347. Withdrawal of Members.
The
Speaker may, direct any member whose conduct is, in his opinion, gross, disorderly
to withdraw immediately from the House, and any member so ordered to withdraw
shall do so forthwith and shall absent himself during the remainder of the
day's sitting.
Rule - 348. Suspension of Member:
(1) The Speaker may, if
he deems it necessary, name a member who disregards the authority of the Chair
or abuses the rules of the House by persistently and wilfully obstructing the
business thereof.
(2) If a member is so
named by the Speaker, he shall forthwith put the question that the member
(naming him) be suspended from the service of the House during the remainder of
the session or such part thereof as the Speaker may specify in the question;
Provided
that the House may, at any time on a motion being made, resolve that such
suspension be terminated.
(3) A member suspended
under this rule shall forthwith withdraw from the precincts of the House.
SUSPENSION OF SITTING
Rule - 349. Power of Speaker to Adjourn the House or suspend sitting.
In
the case of grave disorder arising in the House, the Speaker may, if he thinks
it necessary to do so, adjourn the House or suspend any sitting for a time to
be named by him.
POINTS OF ORDER
Rule - 350. Points of order and decisions thereon.
(1) A Point of order
shall relate to the interpretation or enforcement of these rules or such
Article of the Constitution as regulate the business of the House and shall
raise a question which is within the cognizance of the Speaker.
(2) A point of order may
be raised in relation to the business before the House at the moment;
Provided
that the Speaker may permit a member to raise a point of order during the
interval between the termination of one item of business and the commencement
of another if it relates to maintenance of order in, or arrangement of business
before the House.
(3) Subject to conditions
referred to in sub-rules(1) and (2) a member may formulate a point of order and
the Speaker shall decide whether the point raised is a point of order and if so
give his decision thereon, which shall be final.
(4) No debate shall be
allowed on a point of order, but the Speaker may, if he thinks fit, hear
members before giving his decision.
(5) A point of order is
not a point of privilege.
(6) A member shall not
raise a point of order.
(a) to ask for
information, or
(b) to explain his
position, or
(c) when a question on
any motion is being put to the House, or
(d) which may be
hypothetical, or
(e) that division bells
did not ring, or were not heard.
Rule - 351. Raising of a Matter which is not a point of order.
A
member who wishes to bring to the notice of the House any matter which is not a
point of order shall give "notice" to the Secretary in writing
stating briefly the point which he wishes to raise in the House together with
reasons for wishing to raise it and he shall be permitted to raise it only
after the Speaker has given his consent and such time and date as the Speaker
may fix.
MAINTENANCE OF ORDER
Rule - 352. Speaker to preserve order and enforce decision.
The
Speaker shall preserve order and shall have all powers necessary for the purpose
of enforcing his decisions.
REPORT OF PROCEEDINGS
Rule - 353. Report of proceedings of the House.
The
Secretary shall cause to be prepared a full report of the proceedings of the
House at each of its sitting and shall, as soon as practicable, publish it in
such form and manner as the Speaker may, from time to time, direct.
Rule - 354. Expunction of words from debates.
If
the Speaker is of opinion that a word or words has or have been used in debate
which is or are defamatory or indecent, or unparliamentary or undignified, he
may, in his discretion, order that such word or words be expunged from the
proceedings of the House.
Rule - 355. Indication in printed debates of expunged proceedings.
The
portion of the proceedings of the House so expunged shall be marked by
asterisks and an explanatory foot-note shall be inserted in the proceedings as
follows:-
"Expunged
as ordered by the Chair"
PRINTING AND
PUBLICATION OF DOCUMENTS
Rule - 356. Printing and Publication of the documents.
(1) The Speaker may authorise
printing, publication, distribution or sale of any paper, document or report in
connection with the business of the House or any paper, document or report laid
on the Table or presented to the House or a Committee thereof.
(2) A paper, document or
report printed, published distributed or sold in pursuance of sub-rule (1)
shall be deemed to have been printed, published, distributed or sold under the
authority of the House within the meaning of clause (2) of Article 194 of the
Constitution.
(3) If a question arises
whether a paper, document or report is in connection with the business of the
House or not question shall be referred to the Speaker whose decision shall be
final.
CUSTODY OF PAPERS
Rule - 357. Custody of Papers.
The
Secretary shall have custody of all records, documents and papers belonging to
the House or any of its Committee or Legislative Assembly Secretariat and he
shall not permit any such records, documents or papers to be taken from the
Legislative Assembly Secretariat without the permission of the Speaker.
ADMISSION OF
STRANGERS
Rule - 358. Admission of Strangers.
The
admission of strangers during the sittings of the House to those portions of
the House which are not reserved for the exclusive use of members shall be
regulated in accordance with orders made by the Speaker.
Rule - 359. Withdrawal of Strangers.
The
Speaker may, whenever he thinks fit, order the withdrawal of strangers from any
part of the House.
Rule - 360. Removal and taking into custody.
An
officer of the Secretariat authorised in this behalf by the Speaker shall
remove from the precincts of the House or take into custody, any person or any
non-member whom he may see or who may be reported to him to be, in any portion
of the precincts of the House which is reserved for the exclusive use of
members, and also any stranger who, having been admitted into any portion of
the precincts of the House, misconducts himself or wilfully infringes the
regulations made by the Speaker under Rule 359 or does not withdraw when the
strangers are directed to withdraw under rule 360 while the House is sitting.
Rule - 361. Suspension of Rules.
Any
member may, with the consent of the Speaker, move that any rule may be
suspended in its application to a particular motion before the House and if the
motion is carried the rule in question shall be suspended for the time being.
DUTIES OF SECRETARY
Rule - 362. Duties of Secretary.
The
Secretary shall attend at every meeting of the House and shall be the Secretary
of every Committee and in addition to the other duties specially required by
the rules it shall be his duty:-
(a) to take charge of the
records of the House;
(b) to keep proceedings
of the Select Committee;
(c) to write all letters
ordered by the Speaker of the House;
(d) to superintend the
printing of all Bills and papers ordered to be printed; and
(e) to assist, at all
times, the House and all Committees, in all works connected with their duty.
RESIDUARY POWERS
Rule - 363. Residuary Powers.
All
matters not specifically provided for in these rules and all questions relating
to the detailed working of these rules shall be regulated in such manner as the
Speaker may, from time to time, direct.
CHAPTER-XXVI AMENDMENT
OF RULES
Rule - 364. Notice of proposal to amend rule.
(1) Unless the Speaker
otherwise directs, not less than fifteen clear days' notice of a motion for
leave to amend these rules shall be given, and the notice shall be accompanied
by a draft of the proposed amendments.
(2) The motion shall be
set down for such days as the Speaker may direct.
Rule - 365. Procedure.
When
the motion is reached, the Speaker shall read the draft amendments and ask
whether the member has the leave of the House. If objection is taken, the
Speaker shall request those members who are in favour of leave being granted to
rise in their places, and if not less than twenty members rise accordingly, the
Speaker shall intimate that the member has the leave of the House. If less than
twenty members rise, the Speaker shall inform the member that he has not the leave
of the House.
Rule - 366. Reference to Special Committee.
Where
a member has leave of the House to proceed he may move that the draft
amendments be taken into consideration or that they be referred to a Special
Committee.
Rule - 367. Consideration of Amendments.
If
the motion that the draft amendment be taken into consideration is carried the
procedure set out in these rules in relation to Bills shall be followed subject
to such variations as the Speaker may direct.
Rule - 368. Constitution of Committee.
If
the motion that the draft amendment be referred to a Special Committee is
carried, the draft amendments shall be referred to a Special Committee of which
the Speaker shall be the Chairman, the Deputy Speaker shall be a member. The
remaining members who shall be seven in number shall be elected by the House
according to the principle of proportional representation by means of single
transferable vote.
Rule - 369. Subsequent Procedure.
(1) The procedure to be
followed by a Special Committee to which the draft has been so referred shall,
as far as may be, the same as the procedure to be followed by a Select
Committee on Bills subject to such variations as the Speaker may direct.
(2) After the Special
Committee presents its report to the House, the House shall dispose of the
matter in the same manner as reports of a Select Committee on Bills under those
rules subject to such variations as the Speaker may direct.
(3) When the amendments
have been passed by the House, they shall be published in the Official Gazette
and shall take effect from the date of such publication.
CHAPTER-XXVII
HOUSE COMMITTEE
Rule - 370. House Committee.
(1) There shall be
appointed a House Committee for the House to consider and advise upon all
matters connected with the convenience and comfort of the Members of the House.
(2) The Committee
shall consist of the Deputy Speaker and twelve Members elected according to the
Principle of Proportional representation by means of single transferable vote.
Provided that a Minister shall not be elected as a member
of the Committee and that if a member, after his election to the Committee is
appointed as Minister shall cease to be a member of the Committee from the date
of such appointment.
(3) The Committee
shall hold office for a term not exceeding one year.
LIBRARY COMMITTEE
Rule - 371. Library Committee.
(1)
A Library Committee may be constituted
by the Speaker to consider and advise upon matters connected with the Library
of the Assembly and Council.
(2)
the Committee shall consist of the
Speaker of Assembly and the Chairman of the Council and eight members, five
from the Legislative Assembly nominated by the Speaker and three from the
Legislative Council nominated by the Chairman.
Provided that a Minister shall not be elected as a member
of the Committee and that if a member, after his election to the Committee is
appointed as Minister shall cease to be a member of the Committee from the date
of such appointment.
Term of the Committee
(3)
The Committee shall hold office for a
term not exceeding one year.
SCHEDULE-I
Ballot Procedure for determining
relative precedence of Private Members' Bills and Resolutions.
(Rules 30 and 146)
(1) A member shall give
notice of his intention for leave to introduce a Bill or move a resolution
seven clear days before the day set apart for the class of Private Members
business, on which he wants the motion to be taken up.
(2) A member give notice
or more than one Bill or of more than one resolution shall number his Bills or
resolutions in the order in which he desires to introduce or move them,
provided that he may alter such order at any time within one hour after ballot.
(3) If a member fails to
intimate to the Secretary of the House the order of priority that he assigns to
his Bills or resolutions, they will be given an order according to the
following rules.
(a) Bills carried over
from the previous session will have priority over other Bills.
(b) New Bills or
Resolutions will be given in the order when they appear in the notice given of
them by the member. If more than one notice is given by a member, the Bills or
Resolutions appearing in an earlier notice will have priority over a later
notice.
(4) The Secretary will
keep separate numbered lists for Bills and for resolutions. On each list the
name of each member, who has given notice of a Bill or Resolution, as the case
may be will be entered once.
(5) There shall be
separate ballots for Bills and resolutions.
(6) A ballot of names of
members desiring to have a resolution shall be held in accordance with orders
made by the Speaker, on such day as the Speaker may direct at which any member
who wishes to attend may do so.
(7) Papers with numbers
corresponding to these against which entries have been made on the numbered
list will be placed in a box.
(8) A clerk will take out
at hazard from the box one of the papers and the Secretary will call out from
the numbered list the corresponding name which will then be entered on a
priority list. The procedure will be carried out till all the numbers have been
drawn.
(9) Priority on the list
will entitle the member to priority in moving that resolution or Bill to which
he himself has given priority under clause 2 provided that if a resolution to
which priority is given under clause 2 is disallowed the next resolution
standing in the member's name may be moved in its place.
(10) Members will have the
same priority as regards the Bills or resolutions to which they have given
second place under clause 2, as they have on respect of those to which they
have given the first place.
(11) The Speaker may, from
time to time, make such variations in the procedure as he may consider
necessary or convenient.
SCHEDULE-II
("Rules 199 and 200)
Form of communication regarding
arrest, detention, conviction or release, as the case may be, of a Member.
Place
.....................
Date
.....................
To
The
Speaker,
Karnataka
Legislative Assembly,
Bangalore.
Dear
Mr. Speaker,
I
have the honour to inform you that I have found in my duty in the exercise of
my powers under Section ............ of the .............. (Act, to direct that
Sri .................................. Member of the Legislative Assembly, be
arrested/detained for .................. (reasons for the arrest or detention
as the case may be.)
"A"
Sri
....................... Member, Legislative Assembly, was accordingly
arrested/taken into custody at ....................... (time) on
................. (date) and is at present lodged in the ............. jail
................ (place).
"B"
I
have the honour to inform you that Sri ............... Member of the
Legislative Assembly, was tried at the ............ Court before me on a charge
(or charges) of .............. (reasons of conviction).
On
............... (date) after a trial lasting for ................ days, I found
him guilty of ..................... and sentenced him to imprisonment for
.................... (Period).
(His
application for leave to appeal to* ..................... is pending
consideration)
*
Name of the court.
"C"
I
have the honour to inform you that Sri ............... Member of the
Legislative Assembly, who was convicted on ............... (date) and
imprisoned for ......................... (period) for ..................
(reasons for conviction) was released on bail pending appeal (or, as the case
may be, released on the sentence being set aside on appeal) on the ...........
(date)
Yours
faithfully,
(Judge,
Magistrate of Executive Authority)
SCHEDULE-III
LIST OF STATUTORY
CORPORATIONS/BOARDS AND COMPANIES COMING UNDER THE PURVIEW OF THE COMMITTEE ON
PUBLIC UNDERTAKINGS
AGRICULTURE AND
HORTICULTURE DEPARTMENT:
(1) Karnataka Agro
Industries Corporation Limited, Bangalore.
(2) Karnataka State Agro
Corn Products Limited., Bangalore.
(3) Karnataka State Agro
Proteins Limited.
(4) Karnataka State
Agricultural Produce Processing & Exports Corporation Limited.,
(5) Karnataka State Seeds
Corporation Limited., (deemed Government Company under Section 619B of Companies
Act 1956)
SUBSIDIARIES:
(6) Karnataka Compost
Development Corporation Limited, Bangalore.
ANIMAL HUSBANDRY,
FISHERIES AND FOREST DEPARTMENT:
(7) Karnataka Cashew
Department Corporation Limited, Bangalore.
(8) Karnataka Forest
Development Corporation Limited., Bangalore.
(9) The Karnataka Meat
and Poultry marketing Corporation Limited.
(10) The Karnataka
Fisheries Development Corporation Limited.,
(11) Karnataka State
Forest Industries Corporation Limited.,
SUBSIDIARIES:
COMMERCE AND
INDUSTRIES DEPARTMENT:
(12) Karnataka Leather
Industries Development Corporation Limited., Bangalore.
(13) Karnataka Silk
Industries Corporation Limited., Bangalore.
(14) Karnataka Silk
Marketing Board Limited, Bangalore.
(15) Karnataka Soaps and
Detergents Limited., Bangalore.
(16) Karnataka State
Electronics Development Corporation Limited., Bangalore.
(17) Karnataka State Coir
Development Corporation Limited., Bangalore.
(18) Karnataka State
Handicrafts Development Corporation Limited., Bangalore.
(19) Karnataka State
Industrial Investment and Development Corporation Limited., Bangalore.
(20) Karnataka State Small
Industries Development Corporation Limited., Bangalore
(21) Karnataka Vidyuth
Karkhane Limited, Bangalore.
(22) Mysore Minerals
Limited., Bangalore.
(23) Karnataka State
Textiles Limited., Bangalore.
(24) NGEF Limited.,
Bangalore.
(25) The Hutti Gold Mines
Company Limited., Bangalore.
(26) The Mysore Acetate
and Chemicals Company Limited., Bangalore.
(27) The Mysore Electrical
Industries Limited., Bangalore.
(28) The Mysore Paints and
Varnish Limited., Mysore.
(29) The Karnataka
Handloom Development Corporation Limited., Bangalore.
(30) The Mysore Paper
Mills Limited., Bangalore.
(31) The Mysore Sugar
Company Limited., Bangalore.
(32) Karnataka State
Powerloom Development Corporation Limited.,
(33) D. Devaraj Urs Truck
Terminals Limited.,
(34) Mysore Lamps Works
Limited., (deemed Government Company under section 619 B of Company's Act 1956)
(35) Karnataka Asset
Management Company Limited.,
(36) Karnataka Trustee
Company Private Limited.,
SUBSIDIARIES:
(37) Karnataka Small
Industries Marketing Corporation Limited., Bangalore.
(38) Marketing Consultants
and Agencies Limited., Bangalore.
(39) Mysore Sales
International Limited., Bangalore.
(40) NGEF Limited., Hubli.
(41) Mysore Cosmetics
Limited., Bangalore.
HOME DEPARTMENT:
(42) Karnataka State
Police Housing Corporation Limited, Bangalore.
INFORMATION, TOURISM
AND YOUTH SERVICES DEPARTMENT:
(43) Karnataka Film
Industries Development Corporation Limited., Bangalore.
(44) Sree Kanteerava
Studios Limited., Bangalore.
(45) The Karnataka State
Tourism Development Corporation Limited., Bangalore.
SUBSIDIARIES:
(46) Jungle Lodges and
Resorts Limited., Bangalore.
PUBLIC WORKS AND
COMMAND AREA DEVELOPMENT DEPARTMENT:
(47) Karnataka State
Construction Corporation Limited., Bangalore.
(48) Krishna Bhagya Jala
Nigama Limited.,
(49) Karnataka Road
Development Corporation Limited.,
(50) Rajiv Gandhi Rural
Housing Development Corporation Limited.
(51) Karnataka Neeravari
Nigama Limited.
ENERGY DEPARTMENT:
(52) Karnataka Power
Corporation Limited., Bangalore.
(53) Bidadi Power
Corporation Limited.,
(54) Karnataka Renewable
Energy Development Corporation Limited.,
(55) Karnataka Power
Transmission Corporation Limited.
(56) Vishveshwaraiah
Vidyuth Nigam Limited.
SOCIAL WELFARE AND
LABOUR DEPARTMENT:
(57) Karnataka Backward
Classes Development Corporation Limited.,
(58) Karnataka Scheduled
Castes and Scheduled Tribes Development Corporation Limited., Bangalore.
(59) The Karnataka Minorities
Development Corporation Limited., Bangalore.
(60) Karnataka State Women
Development Corporation Limited.,
FOOD AND TRANSPORT
DEPARTMENT:
(61) Karnataka Food and
Civil Supplies Corporation Limited., Bangalore.
RURAL DEVELOPMENT AND
PANCHAYAT RAJ DEPARTMENT:
(62) Karnataka Land Army
Corporation Limited., Bangalore.
HOUSING AND URBAN
DEVELOPMENT DEPARTMENT:
(63) Karnataka Urban
Infrastructure Development and Finance Corporation Limited., Bangalore.
(64) Bangalore Mass Rapid
Transit Limited.,
STATUTORY
CORPORATION:
(65) Karnataka State Road
Transport Corporation, Bangalore. (Under Home and Transport Department)
(66) Karnataka State
Financial Corporation, Bangalore, (Under Finance Department)
(67) Karnataka State
Warehousing Corporation, Bangalore. (Under Co-operation Department)
(68) Bangalore Metropolitan
Transport Corporation.
(69) Northwest Karnataka
Road Transport Corporation.
(70) Northwest Karnataka
Road Transport Corporation.
COMPANIES UNDER
LIQUIDATION (Closure)
(71) Mysore Tobacco
Company Limited., Bangalore.
(72) Chamundi Machine
Tools Limited., Mysore.
(73) Vijayanagar Steel
Limited.
(74) Karnataka Telecom
Limited.,
(75) Karnataka Pulpwood
Limited.,
(76) Mysore Match Company
Limited.,
(77) Karnataka State
Veneers Limited.,
(78) Karnataka Implements
Machineries Company Limited.,
(79) Mysore Chrome Tanning
Company Limited.,
(80) Karnataka Tungston
Moly Limited.
COMPANIES ALREADY
CLOSED
(81) Karnataka Inland
Fisheries Development Corporation Limited.,
(82) Cauvery Lift
Irrigation Corporation Limited.
(83) Krishna Lift
Irrigation Corporation Limited.
NOTE:
The examination of the following Boards/Corporations Come under the purview of
Public Accounts Committee
(1) Karnataka Housing
Board.
(2) Bangalore Water
Supply and Sewerage Board.
(3) Karnataka Urban Water
Supply and Drainage Board.
(4) Karnataka Khadi
Village Industries Development Board.
(5) Karnataka Industrial
Area Development Board.
(6) Karnataka
Co-operative Milk Producers Federation Limited. (K.M.F.)
Schedule-IV
(Rule 293)
Departments Under Jurisdiction of Subject Committees
PART-I
|
Sl. No.
|
Name of the Subject Committee
|
Department
|
|
1
|
Committee on Food Civil Supplies and Consumer Affairs
|
Department of Food, Civil Supplies and Consumer Affairs
|
|
2
|
Committee on Education, Law and Parliamentary Affairs
|
1. Department of Education.
2. Department of Law
3. Department of Parliamentary Affairs and Legislation
|
|
3
|
Committee on Revenue, Forest, Ecology and Environment
|
1. Revenue Department
2. Forest, Ecology and Environment Department
|
|
4
|
Committee on Social Welfare, Labour and Women and Child Development
|
1. Social Welfare Department
2. Labour Department
3. Women and Child Development
|
|
5
|
Committee on Health and Family Welfare
|
Health and Family Welfare Department
|
|
|
PART-II
|
|
6
|
Committee on Agriculture, Horticulture, Animal Husbandry and Fisheries
|
1. Agriculture Department
2. Horticulture Department
3. Animal Husbandry
4. Fisheries Department
|
|
7
|
Committees on Energy (Power)
|
Energy
|
|
8.
|
Committee on Finance, Institutional Finance, Statistics and Planning,
Science and Technology
|
1. Finance, Planning Institutional Finance, Statistics and Science and
Technology Department
|
|
9
|
Committee on Housing and Urban Development
|
1. Housing Department
2. Urban Development Department
|
|
10
|
Committee on Information, Tourism and Youth Services, Kannada and
Culture
|
1. Department of Information Tourism and Youth Services.
2. Kannada and Culture Department
|
|
11
|
Committee on Co-operation
|
Department of Co-operation
|
|
12
|
Committee on Rural Development and Panchayat Raj
|
Department of Rural Development and Panchayat Raj
|
|
13
|
Committee on Water Resources and Public Works
|
1. Water Resources Department
2. Public Works Department
|
|
14.
|
Committee on Industries and Commerce
|
1. Industries and Commerce Department
2. Infrastructure Development Department
3. Information Technology Department
|
|
15.
|
Committee on Home, Transport and DPAR
|
1. Home Department
2. Transport Department
3. Department of Personnel and Administrative Reforms.
|