RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE METROPOLITAN
COUNCIL OF DELHI[1] CHAPTER I SHORT TITLE AND DEFINITIONS These rules may be called Rules
of Procedure and Conduct of Business in the Metropolitan Council of Delhi. These rules shall come into force
the date they are notified in the Delhi Gazette. (1)
In these rules, unless the context otherwise requires (a)
"Act" means the Delhi Administration Act, 1966 (19 of
1966); (b)
"administration" means the administration of the Union
Territory of Delhi; (c)
"bulletin" means the bulletin of the Council containing
(i) a brief record of the proceedings of the Council at each of its sittings,
and (ii) information on any matter relating to or connected with the business
of the Council or other matter which, in the opinion of the Chairman, may be
included therein; (d)
"Committee" means any committee elected or constituted
by the Council or nominated by the Chairman for any specific or general purpose
and which works under the direction of the Chairman and presents its report to
the Council or to the Chairman; (e)
"Chairman" means the Chairman of the Metropolitan
Council unless the context otherwise requires; (f)
"Council" means the Metropolitan Council of Delhi; (g)
"division" means taking of votes by sending the members
to lobbies or by adopting such other method under which lists of members voting
on either side are provided; (h)
"Executive Councillor" means a member of the Executive
Council and includes the Chief Executive Councillor; (i)
"lobby" means the covered corridor immediately adjoining
the Council Chamber and coterminous with it; (j)
"member means a member of the Council; (k)
"motion" means a proposal made by a member for the
consideration of the Council and includes a resolution and an amendment to a
motion; (l)
"member in charge" means, as respects an official Bill,
an Executive Councillor and as respects other Bills, the member who has
introduced the Bill; (m)
"precincts of the Council" means and includes the
Council Chamber, the lobbies, the galleries and such other places as the
Chairman may from time to time specify; (n)
"private member" means a member other than an Executive
Councillor; (o)
"prorogue" and derivative 'prorogation' mean the ending
of a session by an order of the Administrator under sub-section (2) of section
11; (p)
"Secretary" means Secretary to the Council and includes
any other person for the time being performing the duties of the Secretary; (q)
"Section" means a section of the Act; (r)
"sitting" means the sitting together of the members of
the Council for transacting business on any day from its commencement till the
Council rises for the day unless the Council otherwise requires; (s)
"table" means the table of the Council. CHAPTER
II SUMMONS TO MEMBERS, SEATING,
OATH OR AFFIRMATION AND ROLL OF MEMBERS (1)
Subject to the provisions of sub-section (1) of section 11, the
Council shall be summoned by the Administrator from time to time to meet at such
time and place as he may appoint. (2)
The summons to members shall ordinarily be issued by the Secretary
15 days before the date so appointed under sub-rule (1): Provided that a short notice
session of the Council may be summmoned at three days notice. (3)
When a session is called emergency, summons may not be issued to
each member separately but an announcement of the date, time and place of the
session shall be published in the Press and members informed by telegram or
otherwise. The members shall sit in such
order as the Chairman may determine. A member who has not already made
and subscribed an oath or affirmation in pursuance of section 16 shall, before
taking his seat, make and subscribe before the Administrator or some person
appointed in this behalf by him an oath or affirmation according to the form
set out for the purpose in the schedule to the Act. A record of attendance of members
in the meetings of the Council shall be kept by the Secretary and for this
purpose, an attendance register shall be maintained. It will be placed in the
lobbies before the commencement of a meeting and the members, other than the
Chairman, the Deputy Chairman and Executive Councillors shall sign it before
the meeting is adjourned. No member who has not signed the Register shall be
treated as present: Provided that the Chairman, if he
is satisfied may order that a member, who attended a meeting but failed to sign
the Register, may be marked as present. CHAPTER
III ELECTION OF CHAIRMAN, DEPUTY
CHAIRMAN AND NOMINATION OF A PANEL OF VICE-CHAIRMAN (1)
The election of a Chairman shall be held on such date as the
Administrator may fix and the Secretary shall send notice thereof to every
member. (2)
At any time before noon on the day preceding the day fixed under
sub-rule (1), any member may give notice in writing addressed to the Secretary
of a motion that another member be chosen as the Chairman of the Council and
the notice shall be seconded by a third member and shall be accompanied by a
statement by the member whose name is proposed in the notice that he is willing
to serve as Chairman, 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)
While the offices of both the Chairman and the Deputy Chairman are
vacant, the duties of the Office shall be performed by such member of the
Council as the Administrator may appoint for the purpose. (4)
A member in whose name a motion stands on 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 Chairman of the Council. (1)
The election of Deputy Chairman shall be held on such date as the
Chairman may fix, and the Secretary shall send notice thereof to every member. (2)
At any time before noon on the day preceding the day so fixed, any
member may give notice in writing addressed to the Secretary, of a motion that
another member be chosen as the Deputy Chairman of the Council, and the notice
shall be seconded by a third member and shall be accompanied by a statement by
the member whose name is proposed in the notice that he is willing to serve as
Deputy Chairman, if elected : Provided that a member shall not
propose his own name, or second a motion proposing his own name, or propose or
second more than one motion. (3)
A member in whose name a motion stands on the list of business
may, when called, move the motion or withdraw the motion, in which case he
shall confine himself to a mere statement to that effect. (4)
The motions which have been moved and duly seconded shall be put
one by one in the order in which they have been moved and decided if necessary
by division. If any motion is carried, the person presiding shall, without
putting later motions, declare that the member proposed in the motion which has
been carried, has been chosen as the Deputy Chairman of the Council. (1)
At the commencement of the Council or from time to time, as the
case may be, the Chairman shall nominate from amongst the members a panel of
not more than three Vice-Chairmen, any one of whom may preside over the Council
in the absence of the Chairman, and the Deputy Chairman when so requested by
the Chairman, or in his, absence, by the Deputy Chairman. (2)
A Vice-Chairman nominated under sub-rule (1) shall hold office
until a new panel of Vice-Chairmen is nominated. If the Chairman and the Deputy
Chairmen are both absent and there is no member of the panel of Vice Chairmen
duly authorised to preside over the sitting of the council, the Council shall
proceed to elect a Chairman for the meeting in the following way- "A member addressing himself
to the Secretary, shall propose to the House some other member then present and
move that the said member do take the Chair of the Chairman till such time as a
person competent to preside under the Act or rule arrives, and such a motion is
seconded by another member, then the Secretary shall put the motion or motions
to the vote of the House. The member so selected shall occupy the Chair." The Deputy Chairman or other
member competent to preside over a sitting of the Council under these rules,
when so presiding, shall have the powers as the Chairman when presiding over
the Council and all references to the Chairman under these rules shall, in
these circumstances, be deemed to be references to any such person so
presiding. The Chairman may at any time, by
order in writing delegate to the Deputy Chairman all or any of his powers under
these Rules and may likewise revoke any such delegation. CHAPTER
IV SITTINGS OF THE COUNCIL A sitting of the Council is duly
constituted when it is presided over by the Chairman or other member competent
to preside over a sitting of the Council under these rules. Sitting of the Council shall
commence at such hour as the Chairman may direct. The Council shall sit on such
days as the Chairman, having regard to the state of business of the Council,
may from time to time direct: Provided that there will be no
meetings ordinarily on Saturdays and other Public i Holidays. The Chairman shall determine the
time when a sitting of the Council shall be adjourned sine die or to a
particular day. or to an hour or part of the same day: Provided that the Chairman may,
if he thinks fit, call a sitting of the Council before the date or time to
which it has been adjourned or at any time after the Council has been adjourned
sine die. But 10 days notice shall be necessary to resummon the Council when it
has been adjourned sine die. When the Council is prorogued (a)
all pending notices, other than notice of intention to move for
leave to initiate any legislative proposal, shall lapse and fresh notices shall
be given for the next session: Provided that the questions which
have been entered within the list of business but were postponed and remained
pending for answer at the close of the preceding sessions shall not lapse; (b)
any business pending before a committee shall not lapse; (c)
any motion, resolution or amendment which has been moved and is
peding in the Council shall not lapse. CHAPTER V ADMINISTRATOR'S ADDRESS TO THE COUNCIL The Chairman in consultation with
the Chief Executive Councillor, shall allot time for the discussion of the
matters referred to in the Administrator's Address to the Council under section
14. On such day or days or part of
any day, the Council shall be at liberty to discuss the matters referred to in
such Address. Notwithstanding that a day has
been allotted for a discussion on the Administrator's Address, (a)
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 (b)
other business of a formal character may be transacted, on such
day before the Council commences or continues the discussion on the Address. The discussion on the Address may
be postponed in favour of an official Bill or other official business on a
motion being made that the discussion on the Address be adjourned to a
subsequent day to be appointed by the Chairman. The Chairman shall forthwith
put the question, no amendment or debate being allowed. The Chief Executive Councillor or
any other Executive Councillor, whether he has previously taken part in the discussion
or not, shall on behalf of the administration have a general right of
explaining the position of the administration at the end of the discussion. The Chairman may, if he thinks
fit, prescribe a time-limit for speeches after taking the sense of the Council. CHAPTER
VI ARRANGEMENT OF BUSINESS On days allotted for the
transaction of official business, such have precedence and the Secretary shall
arrange that business in such order as the Chairman after consultation with the
Chief Executive Councillor may determine : Provided that such order of business
shall not be varied on the day that business is set down for disposal unless
the Chairman is satisfied that there is sufficient ground for such variation. (1)
Private members' business shall be taken up on such days as may be
fixed by the Chairman and shall have precedence over official business on those
days unless the Chairman directs otherwise. (2)
Where the Chairman has under sub-rule (1) directed otherwise as
aforesaid, he may, in consultation with the Chief Executive Councillor fix any
other day for the transaction of private members' business. (1)
The relative precedence of notice of Bills given by private
members shall be determined by ballot, to be held in accordance with the orders
made by the Chairman, on such day, not being less than seven days before the
day with reference to which the ballot is held, as the Chairman may direct. (2)
The relative precedence of private members' Bills on a day
allotted for the disposal of such Bills shall be in the following order,
namely: (a)
Bills in respect of which the motion is that leave be granted to
introduce the Bill; (b)
Bills in respect of which a motion has been carried that the Bill
be taken into consideration; (c)
Bills introduced and in respect of which no further motion has
been made or carried. (1)
The relative precedence of notices of resolution given by private
members shall be determined by ballot, to be held in accordance with the orders
made by the Chairman, on such day, not being less than seven days before the
day with reference to which the ballot is held, as the Chairman may direct. (2)
The names of all members from whom such notices are received shall
be balloted and those members who secure the first three places in the ballot
for the day allotted for private members' resolution shall be eligible to give
notice of one resolution each within two days after the date of the ballot. Private members' business set
down for the day allotted for that business and not disposed of on that day
shall not be set down for any subsequent day, unless it has gained
priority at the ballot held with reference to that day: Provided that notwithstanding
anything contained in rules 25 and 28 any such business which is under
discussion at the end of that day, shall have precedence over all other
business set down for that day. (1)
When on a motion being carried the debate on a private member's
Bill or resolution is adjourned to the next day allotted for private members'
business in the same or next session, it will not be set down for further
discussion unless it has gained priority at the ballot. (2)
When the debate on a private member's Bill or resolution is
adjourned sine die, the member in charge of the Bill or the mover of the
resolution, as the case may be, if he wishes to proceed with such Bill or
resolution on a subsequent day allotted for private members' business may 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. (1)
A list of business for the day shall be prepared by the Secretary
and a copy thereof shall be made available for the use of every member. (2)
Save as otherwise provided in these rules, no business not
included in the list of business for the day shall be transacted at any sitting
without the leave of the Chairman. (3)
Save as otherwise provided by these rules, no business requiring
notice shall be set down for a day earlier than the day after that on which the
period of the notice necessary for that class of business expires, unless the
Chairman otherwise directs. Unless the Chairman otherwise
directs on any particular occasion, the relative precedence of the class of
business before the Council specified below shall be in the following order,
namely: (i)
Oath or affirmation. (ii)
Obituary references. (iii)
Question (including short notice question). (iv)
Calling attention notices. (v)
Papers to be laid on the Table. (vi)
Communications of messages from the administration (vii)
Communications from Magistrates or other authorities regarding
arrest or detention or release of members of the Council (viii) Announcements
by the Chairman regarding leave of absence of members from the sittings of the
Council. (ix)
Announcements by the Chairman regarding various matters e.g.
resignations of members of the Council, nominations to Panel of Vice-Chairmen,
Committees, etc. (x)
Rulings by the Chairman. (xi)
Presentation of reports of committees. (xii)
Laying of evidence before Select Committees on Bills. (xiii) Statements
by Executive Councillors. (xiv)
Personal explanations under rule 210 (if not made during the
debate). (xv)
Motions for election to Committees. (xvi)
Motions for extension of time for presentation of reports of
Select Committees on Bills. (xvii) Motions
for adoption of Reports of Business Advisory Committee. (xviii) Motions
for leave to move Resolution for removal of Chairman/Deputy Chairman. (xix)
Bills to be withdrawn. (xx)
Bills to be introduced. CHAPTER
VII QUESTIONS AND SHORT NOTICE
QUESTIONS (a)
Questions Unless the Chairman otherwise
directs, the first hour of every sitting shall be available for the asking and
answering of questions. Unless the Chairman otherwise
directs, not less ten clear days' notice of question shall be given. Notice of question shall be given
in writing to the Secretary and shall specify (a)
the official designation of the Executive Councillor to whom it is
addressed; and (b)
the date on which the question is proposed to be placed on the
list of questions for answer: Provided that all questions
relating to matters in respect of which the Administrator is required by or
under the Act, to exercise his functions, or any of them, in his discretion, or
by or under any law to exercise any judicial or quasi-judicial function, shall
be addressed to the Chief Executive Councillor. Unless the Chairman otherwise
directs, no question shall be placed on the day when notice of such question
has been given by the Secretary to the Executive Councillor to whom it is
addressed. A member who desires an oral
answer to his question shall distinguish it by an asterisk and if he does not
distinguish it by an asterisk the question shall be printed in the list of
questions for written answer. (1)
Not more than three question distinguished by asterisks by the
same member shall be placed on the list of questions for oral answer on any one
day. Questions in excess of three shall be placed in the list of questions for
written answer. (2)
The order in which questions for oral answer are to be placed
shall be indicated by the member giving notice and, if no such order is
indicated, the question shall be placed in the list of questions for oral
answer in the order in which notices are received in point of time. The time available for answering
questions may be allotted on different days in rotation for the answering of
question relating to such Department or Departments as the Chairman may from
time to time, decide, and on each such day, unless the Chairman with the consent
of the Executive Councillor concerned otherwise directs, only questions
relating to the Department or Departments for which time on that day has been
allotted shall be placed on the list of questions for oral answer. If any 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, the Executive
Councillor to whom the question is addressed shall forthwith lay upon the table
a written reply to the question, and no oral reply shall be required to such
question and no supplementary questions shall be asked in respect thereof. The Chairman may disallow any
question which asks the information relating to more than one Department. (1)
Subject to the provisions of sub-rule (2) of this rule, a question
may be asked for the purpose of obtaining information on a matter of public
importance in so far as it falls within the purview of the Council under
sub-section (1) of section 22. (2)
The right to ask a question is governed by the following
conditions (i)
it shall be clearly and precisely expressed; (ii)
it shall not bring in any name or statement not strictly necessary
to make the question intelligible; (iii)
if it contains a statement the member shall make himself
responsible for the accuracy of the statement; (iv)
it shall not contain arguments, inferences ironical or offensive
expressions or defamatory statements; (v)
it shall not ask for an expression of opinion or the solution of a
hypothetical proposition; (vi)
it shall not relate to a statement by a private individual or a
non-official body; (vii)
it shall not be of excessive length; (viii) it shall ordinarily
not relate to a matter which is not primarily the concern of the
Administration; (ix)
it shall not reflect on the character or conduct of any person nor
relate to individual cases except in his official or public capacity or when a
matter of principle is involved; (x)
it shall not make or imply a charge of a personal character; (xi)
it shall not raise questions of policy too large to be dealt
within the limits of an answer to a question; (xii)
it shall not repeat in substance questions already answered or to
which an answer has been refused; (xiii) it shall
not ask for information on trivial, vague or meaningless matters, nor
information of too many details; (xiv)
it shall not ordinarily seek information on matters of past
history; (xv)
it shall not require information set forth in accessible documents
or in ordinary works of reference; (xvi)
it shall not raise matters under the control of bodies or persons
not primarily responsible to the Administration; (xvii) 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; (xviii) it shall
not refer to conduct of any judicial officer having jurisdiction in any part of
India in the exercise of his or its judicial function; (xix)
it shall not refer discourteously to a friendly foreign country; (xx)
it shall not seek information about matters which are in their
nature secret; (xxi)
it shall not ordinarily ask about matters pending before any
statutory tribunal or other statutory authority performing any judicial or
quasi-judicial functions or any commission or Court of Enquiry appointed to
inquire into or investigate any matter but may refer to matters concerned with
procedure or subject or stage of inquiry if it is not likely to prejudice the
consideration of the matter by such Tribunal, Authority, Commission or Court of
Enquiry; (xxii) it shall
not deal with matters which are under consideration of a committee; (xxiii) it shall
not in substance be a suggestion or request for any particular action in the
matter raised by the member asking the question; and (xxiv) it shall
not relate to matters within the jurisdiction of the Chairman. In matters which are or have been
the subject of correspondence between the Administration and the Government of
India or the Government of a State, no question shall be asked except as to
matters of fact and the answer shall be confined to a statement of fact. (1)
The Chairman shall decide whether a question or part thereof is or
not admissible under these rules or any rules made under the proviso to
sub-section (1) of section 24 and may disallow any question or a part thereof
when in his opinion it is an abuse of the right of questioning or calculated to
obstruct or prejudicially affect the procedure of the Council or is in
contravention of the said rules. (2)
Subject to the provisions of rule 39, the Chairman may direct that
a question be placed on the list of questions for answer, on a date later than
that specified by a member in his notice, if he is of the opinion that a longer
period is necessary to decide whether the question is or is not admissible. If in the opinion of the Chairman
any question put down for oral answer is of such a nature that a written
reply would be more appropriate, the Chairman may direct that such question be
placed in the list of questions for written answer: Provided that the Chairman may,
if he thinks fit, call upon the member who has given notice of a question for
oral answer to state in brief his reasons for desiring an oral answer and,
after considering the same, may direct that the question be included in the
list of questions for written answer. 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 Chairman. Questions for oral answers shall
be called, if the time made available for questions permits, the order in which
they stand in the list before any other business is entered upon at the meeting
: Provided that a question not
reached for oral answer may be answered after the end of the Question Hour with
the permission of the Chairman that the Question is one of special public
interest to which he desires to give a reply. A member may, by notice given at
any time before the meeting for which his question has been placed on the list,
withdraw his question, or postpone it to a later day to be specified in the
notice, and on such later day the question shall, subject to the provisions of
rule 42, be placed on the list after all questions which have not been so
postponed: Provided that a postponed
question shall not be placed on the list until two clear days have expired from
the time when the notice of postponement has been received by the Secretary. (1)
When the time for asking questions arrives, the Chairman shall
call successively each member in whose name a question appears in the list of
questions. (2)
The member so called shall rise in his place and unless he states
that it is not his intention to ask the question standing in his name, he shall
ask the question by reference to its number in the list of questions. (3)
If on a question being called it is not put or the member in whose
name it stands is absent the Chairman, at the request of any member, if so
authorised by him in writing may direct that the answer to it be given. When all the questions for which
an oral answer is desired have been called, the Chairman 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, at the request of any other
member so authorised in writing direct that the answer to it be given. (1)
No discussion shall be permitted during the time for questions
under rule 33 in respect of any question or of any answer given to a question. (2)
Any member when called by the Chairman may put a supplementary
question for the purpose of further elucidating any matter of fact regarding
which an answer has been given: Provided that the Chairman shall
disallow any supplementary question if in his opinion, it infringes the rules
regarding questions. Where two or more members give
notice of questions on the same subject and one of the questions is accepted
for answer the names of the other members shall be bracketed with the name of
the member whose question has been accepted for answer : Provided that the Chairman may
direct that all the notices be consolidated into a single notice, if in his
opinion it is desirable to have a single self-contained question covering all
the important points raised by members and the Executive Councillor shall then
give his reply to the consolidated question. Provided further that in the case
of a consolidated question the names of all the members concerned may be
bracketed and shown against the question in the order of priority of their
notice. (b) Short
notice questions (1)
A question relating to a matter of public importance may be asked
with notice of three clear days and if the Chairman is of opinion that the
question is of an urgent character he may direct that an enquiry may be made
from the Executive Councillor concerned if he is in a position to reply and, if
so, on what date. (2)
If the Executive Councillor concerned agrees to reply, such
question shall be answered on a day to be indicated by him and shall be called
immediately after the question which have appeared on the list of questions for
oral answer have been disposed of. (3)
If the Executive Councillor is unable to answer the question at
short notice and the Chairman is of opinion that the question is of sufficient
public importance to be orally answered in the House, he may direct that the
question be placed as the first question on the list of questions for the day
on which it would be due for answer under rule 41: Provided that not more than one
such question shall be accorded first priority on the list of qusetions for any
one day. (4)
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. (5)
The member who has given notice of the question shall be in his
seat to read the question when called by the Chairman and the Executive
Councillor concerned shall give a reply immediately: Provided that when a question is
shown in the names of more than one member the Chairman shall call the name of
the first member or, in his absence, any other name. (6)
In other respects, the procedure for short notice question shall
be the same as for ordinary questions for oral answer, with such modifications
as the Chairman may consider necessary or convenient. Answers to questions which
Executive Councillors propose to give in the Council shall not be released for
publication until the answers have actually been given on the floor of the
Council or laid on the Table. The Chairman may, for the purpose
of proper admission of a question, require the notice given of the question to
furnish such information or clarification as may be considered necessary and
the notice of question shall thereupon be deemed to have been given on the date
on which such information or clarification is received in the office of the
Chairman. The Chairman may also require the
Administration to supply such information as may be considered necessary by him
for deciding the admissibility of the question and such information shall be
supplied forthwith. When the question hour is
eliminated owing to the cancellation of a meeting of the Council or its
adjournment without transacting any business, all the questions, both starred
and unstarred, originally entered in the list of questions for that day shall
be printed along with their answers in the proceedings of the latter day. When the question hour of a
meeting is dispensed with but the meeting itself is not cancelled, all starred
questions and their answers together with the answers of the unstarred
questions, if any, shall be printed in the proceedings of that day. The answer to all questions not
fully answered on their due date on account of the non-receipt of information,
shall be laid on the Table of the Council on the opening day of the next
session: Provided that it shall not be
necessary to lay on the Table of the Council answers to such questions asked in
a session immediately preceding the dissolution of the Council whether such
dissolution occurs by efflux of time or otherwise. Questions in the name of a member
in the list of questions for oral answer on a day shall be printed in three
rounds or less according to the number of questions admitted in his name. Thus
all members who have questions in the list on any day shall have one question
each entered in the first round and after completing all the members on the
list, their second and third questions, if any, shall be appropriately placed
in the second and third rounds respectively. Priority of questions inter se in
each round shall be determined according to the time and date of receipt of the
notices. When an Executive Councillor
wishes to correct any inaccuracy in the information which he has given in
answer to a starred/short notice question or a supplementary question or in
debate the following procedure shall be followed, namely: (i)
The Executive Councillor shall give to the Secretary notice of his
intention to make a statement. The notice shall be accompanied by a copy of the
statement proposed to be made by the Executive Councillor. (ii)
When the Council is in session, the Secretary shall include the
item in the list of business on an appropriate day; and the Executive
Councillor shall, when called upon by the Chairman, make the statement in the
Council. (iii)
When the Council is not is session, the Secretary shall consider
whether the statement shall be made by the Executive Councillor during the next
session in which case the orders of the Chairman shall be taken. If the matter
cannot wait till the next session, the statement shall be included in the
official report of the proceedings of the Council and a foot-note given in the
proceedings in the following manner : "The original reply or
statement by the Executive Council reads as follows : The reply as printed above was
sent by the Executive Councillor afterwards in substitution of the original
reply". Note. In case where it is not
considered desirable to publish the original answer, the revised answer only
shall be printed with a suitable foot-note. (iv)
The Executive Councillor shall ordinarily intimate to the
Secretary his intention to correct his answer or statement within one week
thereof, provided that the Chairman may, on being satisfied with the reasons
given, waive this requirement. (v)
The Chairman shall determine in each case whether the statement on
the correction may be reported to the Council by the Executive Councillor or
laid on the Table. When an Executive Councillor
wishes to correct any inaccuracy in the information which he has given in reply
to an unstarred question, the following procedure shall be followed, namely: (i)
The Executive Councillor shall give to the Secretary notice of his
intention to correct the reply given to an unstarred question. The notice shall
be accompanied by a copy of the statement proposed to be laid by the Executive
Councillor. (ii)
When the Council is in session, the Secretary shall include the
item in the list of questions for written answers on the appropriate date in
the following manner : The Executive Councillor......to
lay a statement correcting the reply given on the...............1968, to
Unstarred Question No.............by Shri.............regarding....................... (iii)
The statement so laid by the Executive Councillor shall be
included in the list of questions for written answers on the appropriate day at
the end of answers to all unstarred questions. (iv)
When the Council is not in session, the procedure laid down in
rule 59 shall apply. (1)
Copies of the statement proposed to be made by an Executive
Councillor correcting the answer given by him to a starred/short-notice
question shall be placed in the Council Notice Office half-an-hour before the
sitting of the Council on the day on which the statement is to be made, for the
information of members. (2)
Copies of such statements shall be considered as confidential and
shall not be released for publication until the statement is actually made. (3)
After the statement has been made, the Chairman may permit members
to ask supplementary questions which are strictly relevant to the subject
matter of the correction made by the Executive Councillor. CHAPTER
VIII HALF-AN-HOUR DISCUSSION (1)
The Chairman shall allot half-an -hour on any day for raising
discussion on a matter of sufficient public importance which has been the
subject of a recent question in the Council, and the answer to which needs
elucidation on a matter of fact. (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 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
Chairman may with the consent of the Executive Councillor concerned waive the
requirement concerning the period of notice. (3)
The Chairman shall decide Whether the matter is of sufficient
public importance to be put down for discussion. (4)
If more than two notices have been received and admitted by the
Chairman, the Secretary shall hold a ballot with a view to drawing two notices
and the notices shall be put down in the order in which they were received in
point of time: Provided that if any matter put
down for discussion on a particular day is not disposed of on that day it shall
not be set down for any further day, unless the member so desires in which case
it shall be included in the ballot for the next available day. (5)
There shall be no formal motion before the Council nor voting. The
member who has given notice may make a short statement and the Executive
Councillor concerned shall reply shortly. Any member with the permission of the
Chairman may put a question for the purpose of further elucidating any matter
of fact: Provided that if the member who
has given notice is absent, any member with the permission of the Chairman may
put a question for the purpose of further elucidating any matter of fact: Provided that if the member who
has given notice is absent, any member authorised by him in writing in this
behalf may, with the permission of the Chairman, initiate the discussion. CHAPTER
IX RESOLUTION (1)
A member other than an Executive Councillor who wishes to move a
resolution shall give ten clear days' notice of his intention and shall,
together with the notice, submit the text or the resolution which he wishes to
move : Provided that the Chairman may
allow it to be entered in the list of business with notice shorter than ten
days. (2)
No member shall except with the permission of the Chairman be
permitted to send in notice of more than five resolutions during the session of
the Council. A resolution may be in the form
of a declaration of opinion, or 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 Chairman may consider appropriate. Subject to the provisions of
these rules, a member of an Executive Councillor may move a resolution,
relating to a matter of general public interest in so far as it falls within
the purview of the Council under sub-section (1) of section 22. In order that a resolution may be
admissible, it shall satisfy the following conditions, namely : (1)
it shall be clearly and precisely expressed; (2)
it shall raise substantially one definite issue; (3)
it shall not contain arguments, inferences, ironical expressions,
imputations, or defamatory statement; (4)
it shall not refer to the conduct or character of persons except
in their official or public capacity; and (5)
it shall not relate to any matter which is under adjudication by a
Court of Law having jurisdiction in any part of India. The Chairman shall decide whether
a resolution or a part thereof is or is not admissible under these rules or a
discussion on such a resolution or part thereof has or has not been prohibited
by any rules made under the proviso to subsection (1) of Section 24 and may
disallow any resolution or a part thereof when in his opinion it is an abuse of
the right of procedure of the Council or is in contravention of the said rules. No resolution which seeks to
raise discussion on a matter pending before any statutory tribunal or statutory
authority performing any judicial or quasi judicial function 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 Chairman may in
his discretion allow such matter being raised in the Council as is concerned
with the procedure or subject or stage of inquiry if the Chairman is satisfied
that it is not likely to prejudice the consideration of such matter by the
tribunal or commission or court of enquiry. (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 shall commence his speech by a formal motion in the terms
appearing on the list of business. (2)
A member may, with the permission of the Chairman, authorise any
other member, in whose name the same resolution stands lower in the list of business
to move it on his behalf and the member so authorised may move it accordingly. (3)
If a member other than an Executive Councillor when called upon is
absent, any other member authorised by him in writing in this behalf may with
the permission of the Chairman, move the resolution standing in his name. (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 Chairman 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. No speech on a resolution shall,
except with the permission of the Chairman, exceed ten minutes in duration : Provided that the mover of a resolution
when moving the same and the Executive Councillor concerned when speaking for
the first time may speak for twenty minutes or for such longer time, as the
Chairman may permit. The discussion on a resolution
shall be strictly relevant to and within the scope of the resolution. (1)
A member in whose name a resolution stands on the list of business
may, when called upon, withdraw the resolution and shall confine himself to a mere
statement to the effect. (2)
A member who has moved a resolution or amendment to a resolution
shall not withdraw the same except with the leave of the Council. (3)
If a resolution which has been admitted is not discussed during
the sitting, it shall be deemed to have lapsed. When any resolution involving
several points has been discussed, the Chairman may divide the resolution and
put each or any point separately to the vote, as he may think fit. (1)
When a resolution has been moved, no resolution or amendment
raising substantially the same question shall be moved within six months from
the date of the moving of the earlier resolution. (2)
When a resolution has been withdrawn with leave of the Council, no
resolution raising substantially the same question shall be moved during the
same session. A copy of every resolution which
has been passed by the Council shall be forwarded to the Administrator. CHAPTER X MOTIONS Save in so far as is otherwise
provided by these rules, no discussion of a matter of public interest shall
take place except on a motion made with the consent of the Chairman. Notice of the motion shall be
given in writing addressed to the Secretary. 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 revive discussion of a matter which has been
discussed in the same session; (vi)
it shall not anticipate discussion of a matter which is likely to
be discussed in the same session; (vii)
it shall not relate to any matter which is under adjudication by a
Court of Law having judication in any part of India; and (viii) it shall
not relate to any matter not falling within the purview of the Council under
sub-section (1) of section 22. (1)
The Chairman shall decide on the admissibility of a motion and may
disallow a motion or a part thereof when in his opinion it does not comply with
these rules or any rules made under the proviso to sub-section (1) of section
24. (2)
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 Chairman 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 Chairman 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. If the Chairman admits notice of
a motion and no date is fixed for the discussion of such motion, it shall
immediately be notified in the Bulletin with the heading "No-Day-Yet-Named
Motion". The Chairman may after
considering the state of business of the Council and in consultation with the
Chief Executive Councillor allot a day or days or part of a day for the
discussion of any such motion. The Chairman shall at the
appointed hour on the allotted day, or as the case may be, the last of the
allotted days, forthwith put every question necessary to determine the
discussion of the Council on the original question. A motion that the policy or
situation or statement or any other matter betaken into consideration shall not
be put to the vote of the Council, but the Council 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 Chairman and the vote of the Council shall be taken on such motion. The Chairman may, if he thinks
fit, prescribe a time-limit for speeches. CHAPTER
XI DISCUSSION ON MATTERS OF
URGENT PUBLIC IMPORTANCE FOR SHORT DURATION Subject to the provisions of
sub-section (1) of section 22 or of any rules made under the provision to
sub-section (1) of section 24 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. If the Chairman is satisfied
after calling for such information from the member who has given notice and
from the Executive Councillor as he may consider necessary that the matter is
urgent and is of sufficient importance to be raised in the Council at an early
date, he may admit the notice and in consultation with the Chief Executive
Councillor fix the date and time on which such matter may be taken up for
discussion. He shall announce the date and subject-matter of the notice in the
Council and allow such time for discussion not exceeding two and a half hours
as he may consider appropriate in the circumstances: Provided that if an early
opportunity is otherwise available for the discussion of the matter, the
Chairman may refuse to admit the notice. There shall be no formal motion
before the Council for voting. The member who has given notice may make a short
statement and the Executive Councillor shall reply shortly. Any other
member may be permitted to take part in the discussion. The Chairman may, if he thinks
fit prescribe a time-limit for speeches. (1)
A member may, with the previous permission of the Chairman, call
the attention of an Executive Councillor to any matter of urgent public
importance and the Executive Councillor may make a brief statement or ask for
time to make a statement at a later hour or date. (2)
There shall be no debate on such statement at the time it is made. (3)
Not more than one such matter shall be raised at the same sitting. (4)
In the event of more than one matter being presented for the same
day priority shall be given to the matter which, in the opinion of the
Chairman, is more urgent and important. (5)
The proposed matter shall be raised after the questions and before
the list of business is entered upon and at no other time during the sitting of
the Council. CHAPTER
XIII PROCEDURE IN LEGISLATIVE
MATTERS (1)
Any member desiring to move for leave to initiate any proposal
referred to in clause (a) of sub-section (1) of section 22 shall give notice of
his intention, and shall, together with the notice, submit a copy of a Bill
containing such proposal and an explanatory Statement of Objects and Reasons
which shall not contain arguments: Provided that the Chairman may,
in consultation with the member-in-charge, revise the Statement of Objects and
Reasons. (2)
The period of notice of a motion under sub-rule (1) shall be one
month unless the Chairman allows the motion to be made at a short notice: Provided that in the case of an
Executive Councillor the period of notice shall be seven days, unless the
Chairman allows the motion to be made at a short notice. 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. A Bill involving proposals for
the delegation of legislative power shall be accompanied by a memorandum
explaining such proposals and drawing attention to their scope and stating also
whether they are normal of exceptional character. If a motion under sub-rule (1) of
rule 91 is opposed, the Chairman, after permitting, if he thinks fit a brief
explanatory statement from the member who moves and from the member who opposes
the motion, without further debate, put the question: Provided that where a motion is
opposed on the ground that the Bill pertains to legislation outside the
competence of the Council the Chairman may permit a full discussion thereon. When a motion under rule 94 is
carried or on some subsequent occasion, the member-in charge may make one of
the following motions in regard to his Bill: namely: (i)
that it be taken into consideration; or (ii)
that it be referred to a Select Committee of the Council; or (iii)
that it be circulated for the purpose of eliciting opinion thereon
: Provided that no such motion
shall be made until after copies of the Bill have been made available for the
use of members, and that any member may object to any such motion being made
unless copies of the Bill have been so made available for two days before the
day on which the motion is made, and such objection shall prevail, unless the
Chairman allows the motion to be made. (1)
On a motion referred to in rule 74 being made, the principles of
the Bill and its provisions may be discussed generally, but the details of the
Bill shall not be discussed further than is necessary to explain its
principles. (2)
At this stage no amendments to the Bill may be moved, but (a)
if the member-in-charge moves that the Bill be taken into consideration,
any member may move as an amendment that the Bill be referred to a Select
Committee 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 Council any member may move as an amendment that the
Bill be circulated for the purpose of eliciting opinion thereon by a date to be
specified in the motion. (1)
After the presentation of the final report of a Select Committee
of the House on a Bill, the member-in-charge may move (a)
that the Bill as reported by the Select Committee of the House be
taken into consideration; (b)
that the Bill as reported by the Select Committee of the House be
re-committed to the same Select Committee or to a new Select Committee, either- (i)
without limitation, or (ii)
with respect to particular clauses or amendments only; or (iii)
with instruction 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 be
circulated or recirculated, as the case may be, for the purpose of eliciting
opinion or further opinion thereon; Provided that any member may
object to any such motion being made if a copy of the report has not been made
available for the use of members for two days before the day on which the
motion is made and such objection shall prevail, unless the Chairman allows the
motion to be made. (2)
If the member-in-charge moves that the Bill as reported by the
Select Committee of the House 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. No motion that a Bill be taken
into consideration or be passed shall be made by any member other than the
member-in-charge of the Bill and no motion that a Bill be referred to a Select
Committee of the House, or be circulated for the purpose of eliciting opinion
thereon, shall be made by any member other than the member-in-charge: Provided
that if the member-in-charge of a Bill is unable, for reasons which the
Chairman 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 Chairman. The debate on a motion that the
Bill as reported by the Select Committee of the House be taken into
consideration shall be confined to consideration of the report of the Committee
and the matters referred to in that report or any alternative suggestions
consistent with the principal of the Bill. (1)
If notice of an amendment has not been given one day before the
day on which the Bill is to be considered any member may object to the moving
of the amendment, and such objections shall prevail, unless the Chairman allows
the amendment to be moved: Provided that in the case of an
official Bill, an amendment, of which notice has been received from the
member-in-charge, shall not lapse by reason of the fact that the
member-in-charge has ceased to be an Executive Councillor or a member and such
amendment shall be printed in the name of the new member-in-charge. (2)
The Secretary shall, if time permits, make available to members
from time to time lists of amendments of which notices have been received. No alteration shall be made in a
Bill as introduced or in a Bill as reported by a Select Committee except by way
of an amendment adopted in the Council: Provided that the Chairman shall
correct any obvious printing or clerical error at any stage of the Bill by
issue of a corrigendum to the Bill. The following conditions shall
govern the admissibility of amendments- (i)
An amendment shall be within the scope of the Bill and relevant to
the subject-matter of the clause to which it relates. (ii)
An amendment shall not be moved which has merely the effect of a
negative vote. (iii)
An amendment shall not be inconsistent with any previous decision
of the Council on the same question. (iv)
An amendment shall not be such as to make the clause which it
proposes to amend unintelligible or ungrammatical. (v)
If an amendment refers to, or is not intelligible without a
subsequent amendment or schedule, notice of the subsequent amendment or
schedule, shall be given before the first amendment is moved so as to make the
series of amendments intelligible as a whole: Provided that in order to save
time and representation of arguments a single discussion may be allowed to
cover a series of interdependent amendmets. (vi)
The Chairman shall determine the order in which an amendment shall
be moved. (vii)
The Chairman may refuse to propose an amendment which is, in his
opinion, frivolous or meaningless. (viii) An
amendment may be moved to an amendment which has already been allowed by the
Chairman. The Chairman 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. 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 moved by the member-in-charge of the Bill. Subject
as aforesaid, amendments may be arranged in the order in which notice of them
is received. Amendments shall ordinarily be
considered in the order of the clauses of the Bill to which they respectively
relate. When a motion that a Bill be
taken into consideration has been carried, any member when called upon by the
Chairman may move an amendment to the Bill of which he has previously given
notice. An amendment moved may, by leave
of the Council, 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. Notwithstanding anything in these
rules, the Chairman may, when a motion that a Bill be taken into consideration
has been carried, submit the Bill, or any part of the Bill, to the Council
clause by clause. The Chairman may, if he thinks
fit, postpone the consideration of a clause. (1)
When the clauses of a Bill have been adopted with or without
amendments the member-in-charge may at once move the Council to recommend the
Bill to the Administration. (2)
To such a motion, no amendment may be moved which is not either
formal, verbal or consequential upon amendment made after the Bill was taken
into consideration. The discussion on a motion that
the Bill be recommended to the Administrator 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. (1)
At the end of discussion, the Chairman shall put every question to
determine the decision of the Council on the original question. (2)
The Chairman shall forward to the Administrator every decision
under sub-rule (1) along with a copy of the Bill. The procedure for consideration
of proposals referred to in clause (b) or clause (c) of sub-section (i) of
section 22 shall, as far as practicable, be the same as is provided in the
foregoing rules, with such adsptations, whether byway of modification, addition
or omission, as the Chairman may consider necessary or convenient. CHAPTER
XIV PROCEDURE IN FINANCIAL
MATTERS (1)
A statement showing the estimated receipts and expenditure
pertaining to Delhi to be credited to and to be made from, the Consolidated
Fund of India (hereinafter referred to as "the statement" shall be
presented to the Council each year on such day as the Administration may
direct. (2)
On a day appointed by the Chairman subsequent to the day on which
the statement is presented and for such time as the Chairman may allot for this
purpose, the Council shall be at liberty to discuss the statement as a whole or
any question or principle involved therein. (3)
The Executive Councillor in charge of the Finance Department shall
have a general right of reply at the end of the discussion. After the general discussion is
concluded the Executive Councillor in charge of the Finance Department may move
a resolution that the Council recommends the proposal contained in the
statement. (1)
Amendments to the resolution may be moved to reduce or enhance any
demand for grant. (2)
When several amendments relating to the same demand for grant are
offered they shall be discussed in the order in which the heads to which they
relate appear in the Budget. (1)
The discussion on the resolution and on the amendments thereto, if
any, of which notice may be given by members shall take place, not exceeding
five days, as the Chairman may, in consultation with the Chief Executive Councillor,
allot for the purpose. (2)
The Chairman shall, at the appointed hour on the allotted day or
the last of the allotted days, as the case may be, forthwith put every question
necessary to dispose of all the outstanding matters in connection with the resolution
and the procedure shall not be anticipated by any motion for adjournment or be
interrupted in any manner whatsoever nor shall any dilatory motion be moved in
regard thereto. (3)
The Chairman shall forward to the Administrator a copy of the
resolution passed by the Council. The procedure set out in rules
114 and 116 shall apply mulatis mutandis to the statement of estimated receipts
and expenditure of the Delhi Development Authority. CHAPTER
XV PRIVILEGES A member may, with the consent of
the Chairman, raise a question involving a breach of privilege either of a
member or of the Council or of a Committee thereof. 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. 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 Council. (1)
The Chairman, if he gives consent under rule 119 and holds that
the matter proposed to be discussed is in order, shall, after the question 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 Chairman
has refused his consent under rule 119 or is of opinion that the matter
proposed to be discussed is not in order, he may, if he thinks it necessary,
read the notice of question of privilege and state that he refuses consent or
holds that the notice of question of privilege is not in order: Provided further that the
Chairman may, if he is satisfied about the urgency of the matter, allow a
question of privilege to be raised at any time during the course of sitting
after the disposal of questions. (2)
If objection to leave being granted is taken, the Chairman shall
request those members who are in favour of leave being granted to rise in their
places and if not less than ten members rise accordingly, the Chairman shall
declare that leave is granted. If less than ten members rise, the Chairman
shall inform the member that he has not the leave of the Council. If leave under rule 122 is
granted the Council may consider the question and come to a decision or refer
it to a Committee of Privileges or a motion made either by the member who has
raised the question of privilege or by any other member. Notwithstanding anything
contained in these rules, the Chairman may refer any question of privilege to
the Committee of Privileges for examination, investigation or report. CHAPTER
XVI RESOLUTION FOR REMOVAL OF
CHAIRMAN OR DEPUTY CHAIRMAN (1)
A member wishing to give notice of a resolution under clause (c)
of sub-section (2) of section 12 of the Act for the removal of the Chairman or
the Deputy Chairman 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 Chairman, provided that the day so fixed
shall be any day after fourteen days from the date of the receipt of notice of
the resolution. (1)
Subject to the provisions of sub-section (1) of section 13, the
Chairman or the Deputy Chairman or such other person, as is referred to in rule
10, shall preside when a motion under sub-rule (2) of rule 125 is taken up for
consideration. (2)
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. (3)
The Chairman or the Deputy Chairman or the person presiding, as
the case may be, shall thereupon place the motion before the Council and shall
request those members who are in favour of leave being granted to rise in their
places. If not less than l/5th of the total number of the then members of the
Council rise accordingly, the Chairman or the Deputy Chairman or the
person presiding shall declare that leave has been granted and that the
resolution will be taken up on such day, not being more than ten days from the
date on which leave is asked for, as he may appoint. If less than l/5th of the
total members of then members of the Council rise, the Chairman or the Deputy
Chairman or the person presiding shall inform the member that he has not the
leave of the Council. 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 . Except with the permission of the
Chairman 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 Chairman
or the person presiding may permit. Communications from the
Administrator to the Council shall be made to the Chairman by a written message
signed by the Administrator or, if the Administrator is absent from the place
of the sitting of the Council, his message shall be conveyed to the Chairman
through an Executive Councillor. Communications from the Council
to the Administrator shall be made: (1)
by formal address after a motion made and caried in the Council,
and (2)
through the Chairman. CHAPTER
XVIII RESIGNATION AND VACATION OF SEATS
IN THE COUNCIL AND LEAVE OF ABSENCE FROM THE MEETINGS OF COUNCIL (1) A member
who desires to resign his seat in the Council shall intimate, in writing under
his hand, addressed to the Chairman and delivered to him in person, his
intention to resign his seat in the Council in the following form and shall not
give any reason for his resignation:- "To The
Chairman, Metropolitan
Council, Delhi.
Sir, I hereby
tender my resignation of my seat in the Metropolitan Council with
effect from. ...... Yours faithfully, Place...... Member of the
Metropolitan Council Date........ Provided
that where any member gives any reason or introduces any extraneous matter the
Chairman may, in his discretion, omit such words, phrases or matter and the
same shall not be read out in the Council. (2) As soon
as may be, the Chairman shall, after he has received an intimation from a
member resigning his seat in the Council, inform the Council, that such and
such member has resigned his seat in the Council: Provided
that when the Council is not in session the Chairman shall inform the Council
immediately after the Council reassembles, that such and such member has
resigned his seat in the Council during inter-session period. (3) The
Secretary shall, as soon as may be, after the Chairman has received such
intimation from a member resigning his seat in the Council cause the
information to be published in the Gazette and forward a copy of the
notification: (a) to the
Election Commission in the case of an elected member; and (b) to the
Central Government in the case of a nominated member for taking steps to fill
the vacancy thus caused. (1) A member
wishing to obtain permission of the Council for remaining absent from meetings
thereof under subsection (3) of section 18 shall make an application in writing
to the Chairman, stating the period for which he maybe permitted to be absent
from the meetings of the Council. (2) After the
receipt of an application under sub-rule (1) the Chairman shall, as soon as may
be, read out the application to the Council and ask: "Is
it the pleasure of the Council that permission be granted to such and such a
member for remaining absent from all meetings of the Council for such and such
a period?" If no one dissents the Chairman shall say: "Permission to
remain absent is granted." But if any dissentient voice is heard, the
Chairman shall take the sense of the Council and thereupon declare the
determination of the Council. (3) No
discussion shall take place on any question before the Council under this rule. (4) The
Secretary shall, as soon as may be, after a decision has been signified by the
Council, communicate it to the member. (1) The seat
of a member may be declared vacant under sub-rule (3) of section 18 on a motion
made by the Chief Executive Councillor or by such other member to whom he may
delegate his functions in this 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: (a) to the
Election Commission in the case of an elected member; and (b) to the
Central Government in the case of a nominated member; for taking steps to fill
the Vacancy thus caused. CHAPTER
XIX RECOGNITION OF PARTIES The Chairman may recognise an
association of members as a Party or Group for the purpose of functioning in
the Council and his decision shall be final. In recognising a Party or Group,
the Chairman shall take into consideration the following principles: (i)
An association of members who propose to form a Party (a)
shall have announced at the time of the general elections a
distinct ideology and programme of work on which they have been returned to the
Council; (b)
shall have an organisation both inside and outside the Council;
and (c)
a party shall have at least a strength equal to the quorum fixed
to constitute a sitting of the House, that is 15 members. (ii)
An association of members to form a Council Group shall satisfy
the conditions specified in parts (a) and (b) of clause (i) and shall have at
least a strength of five members. (1)
The Chairman may grant the following facilities to a Party in the
Council, namely:- (a)
Allotment of seat in the Council in proportion to the strength of
the Party and the total number of seats available in the Chamber. (b)
Allotment of a room in the Council premises for the purposes of
the work of the Party pertaining to the Council. (c)
Allotment of Committee rooms or other available accommodation for
holding party meetings. (d)
Supply of Council or Government papers or publications which the
Chairman may determine from time to time. (e)
Nomination to a Council Committee in proportion to the strength of
the Party. (f)
Submission to the Chairman of a panel of names for selection of
members to be called to speak in debates. (g)
Consultation, where necessary in the matter of arrangement of
business of the Council or any other important matter coming before the
Council. (2)
The Chairman may grant such of the facilities specified in this
rule as he may deem fit or feasible to a Group. (3)
The Chairman's decision in regard to the grant of facilities to a
Party or Group shall be final. An association of members who do
not fulfil the conditions for recognition as Party or Group maybe granted
certain facilities by the Chairman, if such a course shall, in his opinion,
facilitate the conduct of business in the House. CHAPTER
XX COMMITTEES (1)
The members of a Committee shall be appointed or elected by the
Council on a motion made, or nominated by the Chairman, as the case may be. (2)
No member shall be appointed to a Committee if he is not willing
to serve on it. The proposer shall ascertain whether the member whose name is
proposed by him is willing to serve on the Committee. J (3)
Casual vacancies in a Committee shall be filled by appointment or
re-election by the Council on a motion made, or nomination by the Chairman, as
the case may be, and any member appointed, elected or nominated to fill such
vacancy shall hold office for the unexpired portion of the term for which the
member in whose place he is appointed, elected or nominated would have normally
held office. A Committee nominated by the
Chairman shall, unless otherwise specified in the rules contained in this
chapter, hold office for the period specified by him until a new Committee is
nominated. A member may resign his seat from
a Committee by writing under his hand, addressed to the Chairman. (1)
The Chairman of a Committee shall be appointed by the Chairman
from amongst the members of the Committee: Provided that if the Deputy Chairman
is a member of the Committee, he shall be appointed Chairman of the Committee. (2)
If the Chairman of the Committee is for any reason unable to act,
the Chairman may appoint another Chairman of the Committee in his place. (3)
If the Chairman of the Committee is absent from any sitting, the
Committee shall choose another member to act as Chairman of the Committee for
that sitting. (1)
The quorum to constitute a sitting of a 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 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 of
the Committee shall report the fact to the Council: Provided that where the Committee
has been appointed by the Chairman, the Chairman of the Committee shall report
the fact of such adjournment to the Chairman. If a member is absent from two or
more consecutive sittings of a Committee without the permission of the Chairman
of the Committee, a motion may be moved in the Council for the discharge of
such member from the Committee: Provided that where the members
of the Committee are nominated by the Chairman, such member may be discharged
by the Chairman. All questions at any sitting of a
Committee shall be determined by a majority of votes of the members present and
voting. In the case of equality of votes
on any matter, the Chairman of the Committee, or the person acting as such,
shall have a second or casting vote. (1)
A Committee may appoint one or more sub-committees each having the
powers of the undivided committee, to examine any matters that may be referred
to them, and the reports of such sub-committees shall be deemed to be the
reports of the whole Committee, if they are approved at a sitting of the whole
Committee. (2)
The order of reference to a sub-committee shall clearly state the
point or points for investigation. The report of the sub-committee shall be
considered by the whole 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: Provided further that in the case
of a Select Committee on a Bill, if the Chairman of the Committee is not
readily available, the Secretary may, in Consultation with the Executive
Councillor concerned with the Bill, fix the date and time of a sitting. The sittings of a Committee shall
be held in private. All persons other than members of
the Committee and officers of the Metropolitan Council Secretariat shall
withdraw whenever the Committee is deliberating. The sittings of a Committee shall
be held within the precincts of the Council, and if it becomes necessary to
change the place of sitting outside the Council precincts, the matter shall be
referred to the Chairman whose decision shall be final. A record of the decisions of a
Committee shall be maintained and circulated to members of the Committee under
the direction of the Chairman of the Committee. (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 Chairman. (3)
The evidence given before a Committee shall not be published by
any member of the Committee or by any other member until it has been laid on
the Table: Provided that the Chairman may,
in his discretion, direct that such evidence be confidentially made available
to members before it is formally laid on the Table. (1)
Where the Council has not fixed any time for the presentation of a
report by a Committee, the report shall be presented within one month of the
date on which reference to the Committee was made: Provided that the Council may at
any time, on a motion being made, direct that the time for the presentation of
the report by the Committee be extended to a date specified in the motion. (2)
Reports may be either preliminary or final. (3)
The report of the Committee shall be signed by the Chairman of the
Committee on behalf of the Committee: Provided that in case the
Chairman of the Committee is absent or is not readily available, the Committee
shall choose another member to sign the report on behalf of the Committee. A Committee may, if it thinks
fit, make available to the Administrator any completed part of its report
before presentation to the Council. Such reports shall be treated as
confidential until presented to the Council. (1)
The report of a Committee shall be presented to the Council by the
Chairman of the Committee or in his absence by any member chosen by the
Committee. (2)
In presenting the report the Chairman of the Committee or in his
absence, the member presenting the report shall, if he makes any remarks,
confine himself to a brief statement of fact, but there shall be no debate on
that statement at this stage. The Chairman may, on a request
being made to him and when the Council is not in session, order the printing,
publication or circulation of a report of a committee although it has not been
presented to the Council. In that case the report shall be presented to the
Council during its next session at the first convenient opportunity. A Committee shall have power to
pass resolutions on matters of procedure relating to that Committee for the
consideration of the Chairman, who may make such variations in procedure as he
may consider necessary. A Committee may with the approval
of the Chairman make detailed rules of procedure to supplement the provisions
contained in the rules in this Chapter. (1)
The Chairman may from time to time issue such direction 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 of the Committee may, if he thinks fit, refer the point to the
Chairman whose decision shall be final. Any business pending before a
Committee shall not lapse by reason only of the prorogation of the Council and
the Committee shall continue to function notwithstanding such prorogation. Business
Advisory Committee (1)
The Chairman may, from time to time, nominate a Committee called
the Business Advisory Committee consisting of eight members including the
Chairman of the Council who shall be Chairman of the Committee. (2)
The Committee nominated under sub-rule (1) shall hold office until
a new Committee is nominated. (3)
If the Chairman of the Council for any reason is unable to preside
over any meeting of the Committee, he shall nominate a Chairman for the
meeting. Casual vacancies in the Committee
shall be filled by the Chairman of the Council. The quorum of the Committee shall
be four. (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
official Bills and other business as the Chairman of the Council in
consultation with the Chief Executive Councillor may direct for being referred
to the Committee. (2)
The Committee shall have the power to indicate in the proposed
time-table the different hours at which the various stages of the Bill or other
business shall be completed. (3)
The Committee shall have such other functions as may be assigned
to it by the Chairman of the Council from time to time. The time-table in regard to the
Bill or group of Bills or other business as settled by the Committee shall be
reported by the Chairman of the Council to the Council and notified in the
bulletin. As soon as may be after the
report has been made to the Council, a motion may be moved by a member of the
Committee designated by the Chairman of the Council "that this Council
agrees with the allocation of time proposed by the Committee in regard to such
and such Bill or Bills, or other business, as the case may be" and if such
a motion is accepted by the Council, it shall take effect as if it were an
order of the Council: 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 more than
half-an-hour shall be allotted for the discussion of the motion and no member
shall speak for more than five minutes on such a motion. 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 Chairman of the Council shall
forthwith put every question necessary to dispose of all the outstanding
matters in connection with that stage of the Bill or other business. No variation in the allocation of
Time Order shall be made except on a motion made with the consent of the
Chairman and accepted by the Council. Provided that the Chairman may,
after taking the sense of the Council, increase the time, not exceeding one
hour, without any motion being moved. Committee
on Private Members' Bills and Resolutions (1)
There shall be a Committee on Private Members' Bills and
Resolutions consisting of not more than six members including the Chairman who
shall be Chairman of the Committee. (2)
The Committee shall be nominated by the Chairman and shall hold
office for a term not exceeding one year. (1)
The functions of the Committee shall be: (a)
to carefully examine the nature, urgency and importance of all
Private members' Bills after they are introduced in the Council and to
recommend the time that should be allocated for the discussion of the stage or
stages of each Bill and also to indicate in the time-table so drawn up the
different hours at which the various stages of the Bill in a day shall be
completed; (b)
to examine every private members' Bill which is opposed in the
Council on the ground that the Bill initiates legislation outside the
legislative competence of the Council, and the Chairman considers such
objection prima facie tenable; and (c)
to recommend time limit for the discussion of private members'
resolutions and other ancillary matters. (2)
The Committee shall perform such other function in respect of the
private members' Bills and resolutions as may be assigned to it by the Chairman
from time to time. At any time after the report has
been presented to the Council a motion may be moved that the Council 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 discussion of the motion and no member
shall speak for more than five minutes on such motion. The allocation of time in respect
of Bills and resolutions as approved by the Council shall take effect as if it
were an order of the Council. At the appointed to accordance
with the allocation of Time Order, the Chairman 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. Select
Committees The members of a Select Committee
on a Bill shall be appointed by the Council when a motion that the Bill be
referred to a Select Committee is carried. Members who are not members of
the Select Committee may be present during the deliberations of the Committee
but shall not address the Committee: Provided that an Executive
Councillor may with the permission of the Chairman of the Committee address the
Committee of which he may not be a member. (1)
If notice of a proposed amendment has not been given before the
day on which the Bill is taken up by the Select Committee any member of the Committee
may object to the moving of the amendment and such objection shall prevail
unless the Chairman of the Committee allows the amendment to be moved. (2)
In other respects the procedure in a Select Committee shall, as
far as practicable, be the same as is followed in the Council during the
consideration stage of a Bill, with such adaptions, whether by way of
modification, addition or omission, as the Chairman may consider necessary or
convenient. When a Bill has been
referred to a Select Committee, any notice given by a member of any amendment
to a clause in the Bill shall stand referred to the Committee provided that
where notice of amendment is received from a member who is not a member of the
Select Committee such amendment shall not be taken up by the Committee unless
moved by a member of the Committee. A Select Committee may hear
expert evidence and representatives of special interest affected by the measure
before them. (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 147 to consider the Bill and shall make a report thereon within the time
fixed by the Council. Provided that where the Council
has not fixed any time for the presentation of the report by a Select
Committee, the report shall be presented before the expiry of three months from
the date on which the Council adopted the motion for the reference of the Bill
to the Select Committee: Provided further that the Council
may, at any time, on a motion being made, direct that the time for the
presentation of the report by the Select Committee be extended to a date
specified in the motion. (2)
The Select Committee shall in their report state whether the
publication of the Bill directed by these rules has taken place, and the date
on which the publication has taken place. (3)
Where a Bill has been altered, the Select Committee may, if they
think fit, include in their report a recommendation to the member in charge of
the Bill that his next motion should be a motion for circulation, or, where the
Bill has already been circulated, for recirculation. (4)
Any member of the Select Committee may record a minute of dissent
on any matter or matters connected with the Bill or dealt with in the report. (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 Chairman 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. The report of the Select
Committee on a Bill together with the minutes of dissent, if any shall be
presented to the Council by the Chairman of the Committee or in his absence by
any member of the Committee so authorised, The Secretary shall cause every
report of a Select Committee to be printed, and a copy of the report shall be
made available for the use of every member of the Council. The report, and the
Bill, as reported by the Select Committee, shall be published in the Gazette. Assurances
Committee There shall be a Committee on
Government Assurances to scrutinize the assurances, promises, undertakings,
etc. given by Executive Councillors, from time to time on the floor of the
Council 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. (1)
The Committee shall consist of not more than nine members who
shall be nominated by the Chairman: Provided that an Executive Councilor
shall not be nominated a member of the Committee, and that if a member, after
his nomination to the Committee, is appointed an Executive Councilor, he shall
cease to be a member of the Committee from the date of such appointment. (2)
The term of office of members of the Committee shall not exceed
one year. Rules of
Committee There shall be a Committee on
Rules to consider matters of procedure and conduct of business in the Council
and to recommend any amendments or additions to these rules that may be deemed
necessary. The Committee on Rules shall be
nominated by the Chairman and shall consist of eleven members including the
Chairman of the Committee. The Chairman shall be the ex-officio Chairman of the
Committee. (1)
The recommendations of the Committee shall be laid on the Table
and within a period of seven days, beginning with the day on which they are so
laid, any member may give notice of any amendment to such recommendations. (2)
Any notice given by a member of any amendment to the
recommendations of the Committee shall stand referred to the Committee who
shall consider it and make such changes in their recommendation as the
Committee may consider fit. The final report of the Committee after taking into
consideration the amendments suggested by the members shall be laid on the
Table. Thereafter, on the Council agreeing to the report on a motion made by a
member of the Committee, the amendments to the rules as approved by the
Council, shall be promulgated by the Chairman in the Bulletin. (3)
If notice of such amendment has not been given within seven days,
the recommendations of the Committee shall be deemed to have been approved by
the Council and on the expiry of the said period the Chairman shall promulgate
in the Bulletin the amendments to the rules as recommended by the Committee. (4)
The amendments to the rules shall come into force on their
publication in the Bulletin unless otherwise specified. Committee
of Privileges At the commencement of the
Council or from time to time, as the case may be, the Chairman shall nominate a
Committee of Privileges consisting of not more than seven members. (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 breach, the circumstances
leading to it and make such recommendations as it may deem fit. (2)
The report may also state the procedure to be followed by the
Council in giving effect to the recommendations made by the Committee. (1)
After the report has been presented, the Chairman of the Committee
or any member of the Committee or any other member may move that the report be
taken into consideration whereupon the Chairman may put the question to the
Council. (2)
Before putting the question to the Council the Chairman 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 by the Council. (3)
After the motion made under sub-rule (1) is agreed to, the
Chairman of the Committee or any member of the Committee or any other member,
as the case may be, may move that the Council agrees, or disagrees or agrees
with amendments, with the recommendations contained in the reports. 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 122 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. General
Purposes Committee There shall be a General Purposes
Committee to consider proposals and to tender advice to the Chairman on
important matters specially relating to improvement in the organisation of work
in the Council. The General Purposes Committee
shall be nominated by the Chairman and shall consist of seven members including
leaders of various Parties and Groups in the Council and other important
members with the Chairman of the Council as its Chairman. CHAPTER
XXI GENERAL RULES OF PROCEDURE (1)
Every notice required by rules shall be given in writing addressed
to the Secretary, and signed by the member giving notice, and shall be left at
the Council Notice Office which shall be open for this purpose between the
hours notified from time to time on every day except Sunday or a public
holiday. (2)
Notices left when the office is closed shall be treated as given
on the next opening day. (1)
The Secretary shall make every effort to circulate to each member
a copy of every notice or other paper which is by these rules required to be
made available for the use of members. (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 Chairman may, from time to time direct. On the prorogation of a session,
all pending notices, other than notice given under rule 91, shall lapse. If in the opinion of the
Chairman, 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. A motion must not raise a
question substantially identical with one on which the Council has given a
decision in the same Session. (1)
A member who has made a motion may withdraw the same by leave of
the Council. (2)
The Chairman shall be signified not upon question but the Chairman
taking the pleasure of the Council. The Chairman shall ask: "Is it your
pleasure that the motion be withdrawn?" If no one dissents, the Chairman
shall say: "The motion is by leave withdrawn". But if any dissentient
voice be heard or a member rises to continue the debate the Chairman shall
forthwith put the motion: Provided that if any amendment
has been proposed to a motion, the original motion shall not be withdrawn until
the amendment has been disposed of. At any time after a motion has
been made a member may move that the debate on the motion be adjourned. (1)
If the Chairman is of opinion that a motion for adjournment of a
debate is an abuse of the rules of the Council, he may either forthwith put the
question thereon from the Chair or decline to propose the question. (2)
If the Chairman is of opinion that a motion for recirculation of a
Bill to elicit further opinion thereon is in the nature of dilatory motion in
abuse of the rules of the Council inasmuch 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 or decline to propose the question. (3)
If the Chairman is of opinion that a function for recommittal of a
Bill to a Select Committee of the Council or circulation or re-circulation of
the Bill after the Select Committee of the Council has reported thereon, is in
the nature of a dilatory motion in abuse of the rules of the Council inasmuch
as the Select Committee of the Council had 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 or
decline to propose the question. 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. Notice of an amendment to a
motion shall be given at least one day on which the motion is to be considered,
unless the Chairman allows the amendment to be moved without such notice. (1)
The Chairman may refuse to put an amendment which is in his
opinion frivolous or meaningless. (2)
In respect of any motion, the Chairman shall have power to select
the amendments to be proposed, and may, if he thinks fit, call upon any member
who has given notice of an amendment to give such explanation of the object of
the amendment as may enable him to form a judgment upon it. Rules to
be observed by members Whilst the Council is sitting, a
member
(i)
shall not read any book, newspaper or letter except in connection
with the business of the Council;
(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 Council, and
also when taking or leaving his seat;
(iv)
shall not pass between the Chair and any member who is speaking;
(v)
shall not leave the Council when the Chairman is addressing the
Council;
(vi)
shall always address the Chair;
(vii)
shall keep to his usual seat while addressing the Council;
(viii)
shall maintain silence when not speaking in the Council;
(ix)
shall not obstruct proceedings, hiss or interrupt and shall avoid
making running commentaries when speeches are being made in the Council;
(x)
shall not applaud when a stranger enters any of the Galleries;
(xi)
shall not while speaking make any reference to the stranger in any
of the Galleries. When a member rises to speak, his
name shall be called by the Chairman. If more members than one rise at the same
time, the member whose name is so called shall be entitled to speak. A member desiring to make any
observations on any matter before the Council shall speak from his place, shall
rise when he speaks and shall address the Chairman: Provided that a member disabled
by sickness or infirmity may be permitted to speak sitting. 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 or proceedings of the
Council or Houses of Parliament or any State Legislature;
(iv)
reflect on any decision of the Council except on a motion for
rescinding it;
(v)
reflect upon the conduct of the President or any Governor or
Administrator of any Union Territory or the conduct of any Court of justice
sitting as such;
(vi)
use treasonable, seditious or defamatory words;
(vii)
use his right of speech for the purpose of obstructing the
business of the Council. When, for the purposes of
explanation during discussion or for any other sufficient reason, any member
has occasion to ask a question of another member on any matter then under the
consideration of the Council, he shall ask the question through the Chairman. The Chairman, after having called
the attention of the Council 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. A member may, with the permission
of the Chairman, make a personal explanation although there is no question
before the Council, but in this case no debatable matter may be brought
forward, and no debate shall arise. No allegation of a defamatory or
incriminatory nature shall be made by a member against any persons unless the
member has given previous intimation to the Chairman and also to the Executive
Councillor concerned so that the Executive Councillor may be able to make an
investigation into the matter for the purpose of a reply: Provided that the Chairman 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 Council or
that no public interest is served by making such allegation. (1)
After the member who moves a motion has spoken, other members may
speak on the motion in such order as the Chairman 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 Chairman, 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 Chairman. (3)
A member who has moved a motion may speak again by way of reply,
and if the motion is moved by a private member, the Executive Councillor
concerned may, with the permission of the Chairman, 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 Chairman. Subject to the provisions of
sub-rule (3) of rule 212, the reply of the mover of the original motion shall
in all cases conclude the debate. The Chairman may himself, or on a
point being raised or on a request made by member, address the Council at any
time on a matter under consideration in the Council with a view to aid members
in their deliberations, and such expressions of views shall not be taken to be
in the nature of decision. (1)
Whenever the Chairman rises, he shall be heard in silence and any
member who is then speaking or offering to speak shall immediately resume his
seat. (2)
No member shall leave his seat while the Chairman is addressing
the Council. (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 Chairman
that the motion is an abuse of these rules or an infringement of the right of reasonable
debate the Chairman 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 Chairman may
allow a member any right of reply which he may have under these rules. (1)
Whenever the debate on any motion in connection with a Bill or on
any other motion becomes unduly protracted, the Chairman may, after taking the
sense of the Council, fix a 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 Chairman shall,
unless the debate is sooner concluded, forthwith put every question necessary
to dispose of all the outstanding matters in connection with that stage of the
Bill or the motion. Question
or Decision A matter requiring the decision
of the Council shall be decided by means of a question put by the Chairman on a
motion made by a member. When a motion has been made, the
Chairman shall propose the question for consideration and put it for the
decision of the Council. If a motion embodies two or more separate questions,
those propositions may be proposed by the Chairman as separate questions. A member shall not speak on a
question after the Chairman has collected the voices both of the Ayes and of
the Noes on that question. If an Executive Councillor quotes
in the Council a despatch or other official paper which he has not presented to
the Council, he shall lay the relevant paper on the Table: Provided that this rule shall not
apply to any documents which are stated by the Executive Councillor to be of
such a nature that their production would be inconsistent with public interest: Provided further that where an
Executive Councillor gives in his own words a summary or gist of such despatch
or Official Paper it shall not be necessary to lay the relevant papers 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. A statement may be made by an
Executive Councillor on a matter of public importance with the consent of the
Chairman but no question shall be asked at the time the statement is made. (1)
On a conclusion of a debate, the Chairman shall put the question
and invite those who are in favour of the motion to say "Aye" and
those against the motion to say "No". (2)
The Chairman shall then say: "I think the 'Ayes' (or the
'Noes', as the case may be) have it". If the opinion of the Chairman as to
the decision of a question is not challenged, he shall say twice: 'The Ayes (or
the Noes, as the case may be) have it' and the question before the Council
shall be determined accordingly. (3)
If the opinion of the Chairman as to the decision of a question is
challenged, he may, if he thinks fit, ask the members who are for
"Aye" and those for "No" respectively to rise in their
places and on account of being taken, he may declare the determination of the
Council. In such a case, the names of the votes shall not be recorded. (4)
(a) If the opinion of the Chairman as to the decision of a
question is challenged and he does not adopt the course provided for in
sub-rule (3), he shall order a "Division" to be held. (b) After the lapse of two
minutes, he shall put the question a second time and declare whether in his
opinion the "Ayes" or the "Noes" have it. (c) If the opinion so declared is
again challenged, votes shall be taken by the members going into lobbies. (1)
If the opinion declared under clause (b) of sub-rule (4) of rule
224 is challenged and the Chairman decides that the votes shall be recorded by
the members going into the lobbies, he shall direct the "Ayes" to go
into the Right Lobby and the "Noes" inyo yhr Lrgy Lobby. In the
"Ayes" or "Noes" Lobby, as the case may be, each member
shall call out his Division Number and the Division Clerk, while marking off
his number on the Division List, shall simultaneously call out the name of the
member. (2)
After voting in the lobbies is completed, the Division Clerk shall
hand over the Division Lists to the Secretary, who shall count the votes and
present the totals of "Ayes" and "Noes" to the Chairman. (3)
A member who is unable to go to the Division Lobby owing to
sickness or infirmity may, with the permission of the Chairman, have his vote
recorded either at his seat or in the Members 'Lobby. (4)
If a member finds that he has vote by mistake in the wrong Lobby,
he may be allowed to correct his mistake provided he brings it to the notice of
the Chairman before the rule of the Division is announced. (5)
When the Division Clerks have brought the Division Lists to the
Secretary's table, a member who has not upto that time recorded his vote but
who then wishes to have his vote recorded may do so with the permission of the
Chairman. (6)
The result of a division shall be announced by the Chairman and
shall not be challenged. Withdrawal
and Suspension of Members The Chairman may direct any
member whose conduct is in his opinion grossly disorderly to withdraw
immediately from the Council, and any member so ordered to withdraw shall do so
forthwith and shall absent himself during the remainder of the day's meeting. (1)
The Chairman may, if he deems it necessary, name a member who
disregards the authority of the Chair or abuses the rule of the Council by
persistently and wilfully obstructing the business thereof. (2)
If a member is so named by the Chairman, he shall forthwith put
the question on a motion being made, no amendment, adjournment or debate being
allowed, that the member (naming him) be suspended from the service of the
Council for a period not exceeding the remainder of the session: Provided that the Council 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 Council. The Chairman shall have full authority to carry
out his order and he may, if necessary, employ or authorise the employment of
necessary force in this regard. In the case of grave disorder
arising in the Council, the Chairman may, if the thinks it necessary to do so,
adjourn the Council or suspend any sitting for a time to be named by him. (1)
A point of order shall relate to the interpretation or enforcement
of these rules or such provisions of the Delhi Administration Act, 1966, as
regulate the business of the Council and shall raise a question which is within
the cognizance of the Chairman. (2)
A point of order may be raised in relation to business before the
Council at the moment: Provided that the Chairman 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 Council. (3)
Subject to conditions referred to in sub-rules (1) and (2), a
member may formulate a point of order and the Chairman 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 Chairman
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; (b)
to explain his position; (c)
when a question on any motion is being put to the Council; (d)
which may be hypothetical; or (e)
the Division Bells did not ring or were not heard. A member who wishes to bring to
the notice of the Council 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 Council together with reasons for wishing to raise it and he shall
be permitted to raise it only after the Chairman has given his consent and such
time and date as the Chairman may fix. The Chairman shall preserve order
and shall have all powers necessary for the purpose of enforcing his decision. The Secretary shall cause to be
prepared a full report of the proceedings of the Council at each of its
meetings, and as soon as practicable, publish it in such form and manner as the
Chairman may, from time to time, direct. If the Chairman is of opinion
that a word or works 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 Council. The portion of the proceedings of
the Council so expunged shall be indicated by asterisks and an explanatory
footnote shall be inserted in the proceedings as follows: "Expunged as ordered by the
Chair". The Secretary of the Council
shall be ex-officio Secretary of the Committees. He shall arrange to send
notices for the conduct of all correspondence connected with their business. Officers of the Council entitled
to admission to a sitting of the Council.-Any officer of the Secretarial staff
of the Council shall be entitled to admission to the Council Chamber during any
sitting of the Council. The, admission of strangers
during the sittings of the Council to those portions of the Council which are
not reserved for the exclusive use of members shall be regulated in accordance
with orders made by the Chairman. The Chairman, whenever he thinks
fit, may order the withdrawal of strangers from any part of the Council. All matters not specifically
provided in these rules and all questions relating to the detailed working of
these rules shall be regulated in such manner as the Chairman may, from time to
time, direct. Any member may with the consent
of the Chairman move that any rule maybe suspended in its application to
particular motion before the Council and if the motion is carried, the rule in
question shall be suspended for the time being. If doubt arises as to the
interpretation of any of the provisions of these rules the decision of the
Chairman shall be final. (1)
Where an amendment to a clause has been moved and adopted by the
Council and subsequently the official Draftsman, while scrutinising the
Bill, as passed, has suggested any correction which has been accepted by the
Chairman as a patent error, such a correction shall be incorporated in the body
of the amendment itself without any foot-note in the printed debate. (2)
Where the Chairman has accepted a correction suggested by the
Official Draftsman relating to a clause and not to an amendment to a clause
which has been adopted by the Council, such a correction shall be indicated
with an appropriate footnote, in the printed debates as indicated below: "In view of the amendment to
clause...../part ( ) of sub clause ( ) of clause........(as the case may
be) adopted by the Council, the words "........."occurring in
clause....../part ( ) of sub-clause ( ) of clause.....(as the case may be )
were ommitted or inserted as patent errors under the direction of the
Chairman." 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 maybe, shall immediately intimate such fact
to the Chairman 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. 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 Chairman by the authority concerned. As soon as may be the Chairman
shall, after he has received a communication referred to in rule 243 or rule
244, read it out in the Council if in session, or if the Council is not in
session, direct that it may be published in the Bulletin for the information of
the members: Provided that if the release of a
member either on bail or by discharge on appeal is received before the Council
has been informed of the original arrest, the fact of his arrest, or his
subsequent release or discharge may not be intimated to the Council by the
Chairman. Procedure
regarding service of a legal process and arrest within the precincts of the
Council. No arrest shall be made within
the precincts of the Council without obtaining the permission of the Chairman. A legal process, civil or
criminal, shall not be served within the precincts of the Council without
obtaining the permission of the Chairman. Incorrect
Statements Made in the House (1)
A member wishing to point out any mistake or inaccuracy in a
statement made by an Executive Councillor or any other member shall, before
referring to the matter in the Council, write to the Chairman pointing out the
particulars of the mistake or inaccuracy and seek his permission to raise the
matter in the Council. (2)
The member may place before the Chairman such evidence as he may
have in support of his allegation. (3)
The Chairman may, if he thinks fit, bring the matter to the notice
of the Executive Councillor or the member concerned for the purpose of
ascertaining the factual position in regard to the allegation made. (4)
The Chairman may then, if he thinks it necessary, permit the
member who made the allegation to raise the matter in the Council and the
member so permitted shall, before making the statement, inform the Executive
Councillor or the other member concerned. (5)
The Executive Councillor or the member concerned may make a
statement in reply with the permission of the Chairman and after having
informed the member concerned. 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 Chairman to the probability of the matter
anticipated being brought before the Council within a reasonable time. [1]
Made by the Metropolitan Councilor Delhi under
section 24(1) of Delhi Administration Act, 1967 vide Notification No.
F.4(2)/67, dated 14-11-1967 published in Delhi Gazette Extraordinary, Part IV,
No. 105-A, dated 14-11-1967.RULES OF PROCEDURE AND CONDUCT OF
BUSINESS IN THE METROPOLITAN COUNCIL OF DELHI