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