CHAPTER XIX - RESIGNATION AND VACATION OF SEATS IN THE HOUSE AND ABSENTEE MEMBERS

279. Resignation of seats in the House - (1) A member who desires to resign his seat in the House shall intimate in the following form:

To,

The Speaker,

Legislative Assembly,

Uttar Pradesh

Sir,

I hereby tender my resignation of my seat in the House with effect from…………………..(date) forenoon/afternoon.

Yours faithfully,

………………..

(signature of member of the House)

Place –

Date-

Note- The date and time of resignation given in the letter shall not be earlier than the one on which the letter is written.

(2) If a member hands over the letter of his resignation personally to the Speaker and informs him that the resignation is voluntary and genuine and the Speaker has no information or knowledge to the contrary, the Speaker may accept the resignation immediately.

(3) If the Speaker receives the letter of resignation by post or through some other person the Speaker may make such enquiry as he thinks fit to satisfy himself about the voluntary nature and genuineness of the resignation. If the Speaker is satisfied, after making a summary enquiry either himself or through Legislative Assembly Secretariat or such other agency as may deem fit, that the resignation is not voluntary or genuine he shall not accept it.

(4) A member may withdraw his resignation before it is accepted by the Speaker.

(5) Soon after the acceptance of the resignation of a member, the Speaker shall inform the House that such and such members have resigned their seats in the House and that he has accepted the resignation.

Explanation- When the House is not in session, the Speaker shall inform the House immediately after it re-assembles.

(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. But if the resignation is to take effect from future date, the information shall not be published in the bulletin and Gazette before the date from which it is to take effect.

(7) The resignation shall take effect from the date and time specified in the letter of resignation.

(8) If any dispute arises as regards the genuineness or voluntary nature of resignation, the same shall be determined by the Speaker before any action is taken under sub-rule (5) or sub-rule (6).

(9) If any letter of resignation is not in the form prescribed, it shall be returned to the member concerned for being submitted in the prescribed form.

280. Permission to remain absent from sittings of the House - (1) A member wishing to obtain permission of the House for remaining absent from sittings thereof under clause (4) of Article 190 shall make an application in writing to the Speaker, stating the period for which he may be permitted to be absent from the sitting of the House.

(2) Such application shall be set down for consideration by the House soon after receipt, as may be ordered by the Speaker, and shall on the day so fixed considered immediately after questions, and before any other business for the day is entered upon.

(3) The Speaker shall decide the manner in which the decision of the Assembly shall be taken on such applications.

(4) The Secretary shall inform the member, as soon as possible, of the decision of the Assembly on his application.

(5) If a member who has been granted leave of absence under sub-rule (2) attends the session of the House during the period of leave, the un-expired portion of the leave from the date of his resumed attendance shall lapse.

(6) If a member is absent without permission from all sittings of the Assembly for a period of 60 days or more, Computed in the manner provided in the proviso to Article 190(4), the Leader of the House or any other members may move that such members seat be declared vacant.

(7) Three days notice of such a motion shall be necessary and a complete statement, of the date on which the member was absent shall be appended to it.

(8) The Secretary shall, after the motion under sub-rule (6) is carried, cause the information to be published in the Gazette and forward a copy of the notification to the Election Commission for taking steps to fill the vacancy thus caused.

281. Attendance Register - A record of attendance of members in the sittings of the Assembly shall be kept by the Secretary and for this purpose an attendance registers shall be maintained. It will be placed in the lobbies an hour before the commencement of a sitting and the members other than Speaker, the Deputy Speaker, Minister, the Leader of the Opposition, Ministers of State, Deputy Ministers and Parliamentary Secretaries, shall sign it before the sittings is adjourned for the day. A Member who has not signed the register shall be treated as absent:

Provided that the member who has been so treated as absent may within 15 days of such a sitting which he attended and during which he failed to sign the attendance register satisfy the Speaker about his attendance and the Speaker, if so satisfied, may order that he may be marked present.

 


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