CHAPTER XX - GENERAL RULES OF PROCEDURE

(A) Language of the Assembly

282. Language of the Assembly - Subject to the provisions of the Constitution the business of the Assembly shall be transacted in the Hindi language and in Devanagri script.

(B) Notice

283. Giving of Notices - (1) Every notice required by the rules shall be given in writing addressed to the Secretary and shall be left at the Table or in his office during working hours.

(2) Unless otherwise provided in these rules, a notice received in the office at hours after other than those specified in the preceding sub-rule shall be treated as given on the next opening day.

(3) While the House is sitting, copies of the notices, except of cut motions, receive under sub-rule (1) by 4 p.m. shall be circulated by the Secretary to members by 10 a.m. next day.

(C) Amendments

284. Amendments which may be admissible - (1) Subject to these rules, an amendment must be relevant to the subject matter of the motion to which it is proposed.

(2) An amendment may not be moved which if carried, would have merely the effect of a negative vote.

(3) After a decision has been given on an amendment to any part of a motion an earlier part shall not be amended.

(4) No amendment may be proposed which is inconsistent with a previous decision on the same subject.

(5) The Speaker shall have the power to select amendments given notice of and he may, at any stage, disallow an amendment or refuse to put to vote an amendment which in his opinion is frivolous or irregular.

285. Amendment how put to vote - (1) When one or more amendments are moved to a motion, the Speaker shall, before putting the question thereon, state or read to the House the original motion.

(2) It shall be in the discretion of the Speaker either to put the original motion to vote first or any of the amendments thereto.

(D) Rules to be observed by members

286. 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 letters, nor shall he do anything which is unconnected 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 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 or cross the floor of 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, shout or interrupt and shall avoid making running commentaries when speeches are being made in the House;
    10. shall not, while speaking, point to any strangers in the gallery.

287. Member to speak when called by the Speaker - When a member rises to speak, the Speaker shall call his name. If more members than one rise at the same time, the member whose name is called shall be entitled to speak.

288. Mode of addressing the House - A member desiring to make any observations on any matter before the House shall rise when he speaks and shall address the Speaker:

Provided that a member disabled by sickness or infirmity may be permitted by the Speaker to speak while sitting.

289. Rules to the observed while speaking and answering questions - (1) The matter of every speech must be strictly relevant to the matter under discussion.

(2) A member while speaking or answering a question shall not-

    1. give any evasive reply to any question;
    2. express any opinion or make any comment on any matter of fact under consideration of a Court of Justice;
    3. make a personal charge or accusation against a member;
    4. use offensive expressions about the conduct or business of Parliament or the Legislature of any State;
    5. reflect on any decision of the House except when a motion for rescinding it is under consideration;
    6. reflect upon the conduct of the President or any Governor or any Court of Justice;
    7. utter treasonable or defamatory words, but he may, with the permission of the Speaker, quote them for the purpose of his argument;
    8. say anything which is derogatory to the Chair or to the House.

289-A. Procedure for making allegation against any person - No member shall make any allegation of defamatory or offensive nature against any person unless the member has given prior notice to the Speaker and the Minister concerned so that the Minister may examine the matter for the purpose of reply:

Provided that the Speaker may prohibit any member at any time from making such allegation, if, he is of the opinion that such allegation is against the dignity of the House or making of such allegations, does not serve public interest.

290. Questions to be asked through the Speaker - When for the purposes of explanation during discussion or for any other sufficient reason, any member has to ask a question from another members on any matter under the consideration of the Assembly, he shall ask the question through the Speaker.

291. Irrelevance or repetition - The Speaker, after having called the attention of the Assembly to the conduct of a member who persists in irrelevance or tedious repetition either of his own arguments or of the arguments used by other members in debate may direct him to discontinue his speech.

291-A. Personal explanation - A member may give personal explanation with the permission of the Speaker though there may be no question before the House, provided that in such case no controversial question would be raised and there would be no debate.

(E) Order of Speeches and Right of Reply

292. Order of speeches and right of reply - (1) After the member who makes a motion has spoken, other members may speak on the motion in such orders as the Speaker may determine. If any member when called upon by the Speaker 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 as otherwise provided, no member shall speak more than once on any motion.

(3) A member who has moved the original motion or an amendment thereto or has made a motion for reduction or omission of an item under the Budget demands, may speak again by way of reply, and if the motion or the amendment is moved by a private member the Minister to whose department the matter under discussion relates shall have the right of speaking after the mover whether he has previously spoken in the debate or not.

293. Address by Speaker - The Speaker may suo motu or on point being raised or a request made by a member address the House at any time on a matter under consideration in the House with a view to aiding members in their deliberations and such expression of views shall not be taken to be in the nature of a decision.

(F) Procedure when Speaker rises

294. Speaker to be heard in silence - (1) Whenever the Speaker speaks (addresses) 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.

(G) Decision

295. 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.

296. 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 propositions, those propositions may be proposed by the Speaker as separate questions.

297. 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.

298. Decision - (1) Votes may be taken by voices or by division and shall be taken by division, if any member so desires:

Provided that the Speaker may, if he is satisfied that division is unnecessarily claimed, avoid a division and take votes by show of hands.

(2) The result of a division shall at once be announced by the Speaker and shall not be challenged.

(H) Speakerís Power to Order Withdrawal of a Member or to Adjourn the House or Suspend a Sitting.

299. Peace and Order in the House - (1) The Speaker shall preserve order and may direct any member whose conduct in his opinion is disorderly or is defiant to the Speaker to withdraw immediately from the House and the member so ordered to withdraw shall withdraw from the Assembly Hall forthwith and shall absent himself during the remainder of the dayís sitting.

(2) The Speaker may name a member in the following cases:

    1. If a member on being ordered by the Speaker under sub-rule (1) to withdraw does not obey the order, or
    2. If the Speaker considers the power conferred under sub-rule (1) to be inadequate, or
    3. If a member willfully and persistently obstructs the proceedings of the House in a disorderly manner, or
    4. If action under this rule becomes necessary against him on successive occasions in the same session.

(3) (a) As soon as a member is named, the Leader of the House or the Minister for Parliamentary Affairs or in his absence any other member shall forthwith make a motion to the effect that the member so named be suspended from the service of the House and the question on such motion shall be put before the House without any amendment, debate or adjournment proceedings.

(b) On a member being so suspended, the period of suspension shall be for the first occasion for 3 sittings, for the second occasion for 7 sittings and on subsequent occasions unless otherwise decided by the House, for the remainder of the session:

Provided that any period of suspension shall in no case be longer than the remainder of the session.

(c) The member suspended by the House shall forthwith withdraw from the precincts of the House. But on his not doing so and on the attention of the House being drawn by the Speaker to the fact that recourse to force has become necessary the suspended member shall stand suspended for the remainder of the session without any further motion.

(d) The member suspended from the service of the Houses shall stand debarred from entering the precincts of the House and from taking part in the proceedings of the House and the Committees:

Provided that the Speaker may allow a suspended member to enter the precincts of the House for any particular purpose on a request being made to that effect.

(4) The House may at any time, on a motion being made, order that any punishment of suspension under sub-rule (3), aforesaid or the unfinished part thereof may be rescinded.

(5) The Speaker shall have full authority to carry out his order or the decisions of the House and may employ, or authorise the employment of, necessary force, at any stage of the proceedings.

(6) The Speaker may, in the case of grave disorder arising in the House, suspend a sitting for a time to be determined by him.

299-A. If during any sitting of the House any member after entering into empty space in the chamber of the House snatches or tries to snatch the papers kept on the table of the servants of the House or tears or tries to tear them or throws or tries to throw any paper, file etc. towards the Speakerís Chair or climbs or tries to climb the Speakerís Chair, such member shall, on being named by the Speaker or the Presiding member, be deemed to have been suspended from the services of the House for the said sitting.

(I) Points of Orders

300. Points of Order and Decisions thereon - (1) A point of order shall relate to the interpretation or enforcement of these rules or such Articles 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 the maintenance of order in or the arrangement of business before the House.

(3) Subject to the conditions referred to in sub-rules (1) and (2) a member may raise 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-

    1. to ask for information, or
    2. to explain his position, or
    3. while a question on any motion is being put to the House, or
    4. which is hypothetical, or
    5. that division bells did not ring or were not heard.

301. Raising of a matter which is not a point of order - A member who wishes to bring to the notice of the House any matter which is not a point of order, shall give notice to the Secretary in writing stating briefly the point which he wishes to raise in the House together with reasons for wishing to raise it and he shall be permitted to raise it only after the Speaker has given his consent and at such time and date as the Speaker may fix.

(J) Record and Report of Proceedings

302. Record of Proceedings of the Assembly - (1) The Secretary shall keep a journal in which a short record of the decisions of the Assembly for each day shall be entered.

(2) The journal after each sitting of the House, shall be signed by the Speaker; and when so signed it shall form an authentic record of the decision of the House.

(3) The journal shall be printed and copies of it supplied to members within four days.

303. Report of Proceedings of the Assembly - (1) The Secretary shall also cause to be prepared a full and accurate record of the proceedings of the Assembly at each of its sittings and shall publish it in such form and manner as the Speaker may from time to time direct.

(2) A copy of such report shall be sent by the Secretary to each member of the Assembly and to the Governor within three months.

304. Expunging of words from proceedings of the House - (1) If the Speaker is of opinion that a word or words has or have been used in the House 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.

(2) The portions of the Proceedings of the House so expunged shall not be printed; in their place asterisks shall be marked and an explanatory footnote shall be inserted in the proceedings as follows:

"Expunged as ordered by the Chair, on such and such date."

(K) Admission of Strangers

305. Speaker to regulate admission of strangers - Admission of strangers to those portions of the precincts of the House, which are not reserved for the exclusive use of members, shall be regulated by orders or rules made by the Speaker.

306. Powers to order withdrawal of strangers - The Speaker may, at any time, order the withdrawal of strangers from any precincts of the House.

307. Steps for expulsion of strangers - The Speaker may take such steps or action as may, in his discretion, be necessary in the circumstances of the case for the expulsion of any stranger from any portion of the precincts of the House.

(L) Power of Speaker to make Regulations for Election by Single Transferable vote and for Ballot

308. Speaker to make regulation for election by single transferable votes and for Ballot - The Speaker shall make regulations governing the method of election by single transferable vote or the holding of ballot for any other purposes for which no provision has been made in these rules.

(M) Election by the Assembly

309. Elections by the Assembly - When in pursuance of an Act or otherwise, the members of the Assembly or a section thereof have to elect their representatives on a public body, the Secretary shall, when requested in this behalf, arrange to hold an election in accordance with the provisions of the Act or the directions of and regulation, if any, made by the Speaker.

(N) Laying of a Paper or Document on the Table of the House

310. Laying of any Paper or Document on the Table of the House - No paper or document shall be laid on the Table of the House without the order or authority of the Speaker.

(O) Miscellaneous

311. 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. The Speaker shall decide the procedure to be followed in such a case.

312. Interpretation and removal of difficulties - If any doubt arises as to the interpretation of any of the provisions of these rules, the decision of the Speaker shall be final.

313. 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.

314. Speakerís decision not to be questioned - No decision of the Speaker in respect of allowing of any resolution or question or in respect of any other matter shall be questioned.

314-A. Objection to vote of a member - If the vote of a member in a division in the House is challenged on the ground of personal, pecuniary or direct interest in the matter to be decided, the Speaker may if he considers necessary, call upon the member making the challenge, to state precisely grounds of his objection and the member whose vote has been challenged to state his case and shall decide whether the vote of that member should be disallowed or not and his decision shall be final:

Provided that the vote of any member or members is challenged immediately after the division is over and before the result is announced by the Speaker.

Explanation - For the purpose of this rule, the interest of a member should be direct, personal or pecuniary and separately belong to the member whose vote is questioned and not in common with the public in general or with any class or section thereof or on a matter of State policy.

(P) Relative Precedence

315. Relative precedence of different of classes of business before the House - Notwithstanding anything contained in theses rules, and subject to the directions of the Speaker otherwise, the relative precedence of various classes of business before the House specified below shall be in the following order, namely:

  1. Oath or affirmation.
  2. Questions (including short notice questions).
  3. Obituary references.
  4. Papers to be laid on the Table.
  5. Communication of messages from the Governor.
  6. Communication of messages from the Council.
  7. Intimation regarding Presidentís/Governorís assent to Bills.
  8. Communications from Magistrates or other authorities regarding arrest or detention or release of members of the House.
  9. Presentation of reports of Committees.
  10. Laying of evidence before Select /Joint Select Committee in respect of Bills.
  11. Presentation of petitions.
  12. Questions involving breach of privilege.
  13. Announcement by the Speaker regarding leave of absence of members from the sitting of the House.
  14. Announcement by the Speaker regarding various matters, e.g. resignation of members of House, nominations to panel of Presiding Members, Committees, etc.
  15. Rulings or announcement by the Speaker.
  16. Miscellaneous statements by Minister.
  17. Personal statement by ex-Minister in explanation of his resignation.
  18. Motion for election to Committee.
  19. Motion for extension of time for presentation of report of Select/Joint Select Committee on a Bill.
  20. Bill to be withdrawn.
  21. Bill to be introduced.
  22. Laying of explanatory statements giving reasons for immediate legislation by Ordinances.
  23. Motion for adoption of Report of Business Advisory Committee.
  24. Motion for leave to move Resolution for removal of Speaker/Deputy Speaker.
  25. Motion for leave to, make a motion of no confidence in the Council of Ministers.
  26. Consideration of report of Committee of Privileges.
  27. Leave to move motion for adjournment of the House.
  28. Other general business of the day.
  29. Calling attention motion.

 

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