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Legislative Committees

The evolution of the Committee system in the U.P. Assembly may be said to have begun with the evolution of the Legislature itself. In 1886, a Legislative Council for North Western Provinces and Oudh was appointed under the Indian Councils Act, 1861 and for the first time on 19 February 1887, a Bill titled ‘The North Western Provinces and Oudh General Clauses Bill’ was referred to a Select Committee of four members. The regular features of the Committees began in 1921 when two Financial Committees – the Standing Finance Committee and The Public Accounts Committee- were constituted on a permanent basis. After the establishment of a bicameral Legislature under the Government of India Act, 1935, the financial powers of the Legislative Councils were transferred to the Legislative Assembly. Consequently, the two Committees mentioned above were abolished from the council and were reconstituted in the Legislative Assembly. Later on, in 1938, Committee on Privileges was constituted in the Legislative Council. Other Committees are of later origin.


(A) General

200. Appointment of Committees of the House - (1) At the commencement of the first session after each general election and thereafter before the commencement of each financial year or from time to time when the occasion otherwise arises, different Committees for specific or general purposes shall either be elected or constituted by the House or nominated by the Speaker:

Provided that no member shall be appointed to a Committee unless he is willing to serve on the Committee.

(2) Casual vacancies in the Committees shall be filled by election or appointment by the House or nomination by the Speaker, as the case may be, and any member elected, appointed or nominated to fill such vacancy shall hold office for the un-expired portion of the term for which the member, in whose place he is elected, appointed or nominated would have held office:

Provided that the proceedings of the Committee shall neither be invalid nor be held up on the ground that casual vacancies have not been filled.

200-A. Objection to membership of a Committee - Where an objection is taken to the inclusion of a member in a Committee on the ground that the member has personal, pecuniary or direct interests of such an intimate character that it may prejudicially affect the consideration of any matters to be considered by the Committee, the procedure shall be as follows-

(a) the member who has taken objection shall precisely state the ground of his objection and the nature of the alleged interest, whether personal, pecuniary or direct, of the proposed member in the matters coming up before the Committee;

(b) after the objection has been stated, the Speaker shall give an opportunity to the member proposed on the Committee against whom the objection has been taken, to state the position;

(c) if there is dispute on facts the Speaker may call upon the member taken objection and the member against whose appointment on the Committee objection has been taken, to produce documentary or other evidence in support of their respective cases;

(d) after the Speaker has considered the evidence so tendered before him, he shall give his decision which shall be final;

(e) until the Speaker has given his decision, the member against whose appointment on the Committee objection has been taken, shall continue to be a member there of if elected or nominated and take part in discussion, but shall not be entitled to vote; and

(f) if the Speaker holds that the member against whose appointment objection has been taken has a personal pecuniary or direct interest in the matter before the Committee he shall cease to be a member thereof forthwith:

Provided that the proceedings of the sitting of the Committee at which such member was present shall not in any way be affected by the decision of the Speaker.

Explanation - For the purposes of this rule the interest of the member should be direct, personal or pecuniary and separately belong to the person whose inclusion in the Committee is objected to and not in common with the public in general or with any class or section thereof or any matter of state policy.

201. Chairman of the Committee - (1) the Chairman of each Committee shall be appointed by the Speaker from amongst members of the Committee:

Provided that if the Deputy Speaker is a member of the Committee, he shall be the ex-officio Chairman of the Committee.

(2) If the Chairman is for any reason unable to act or if the office of Chairman is vacant the Speaker may appoint another Chairman in his place.

(3) If the Chairman of the Committee is absent from any of its sitting, the Committee shall elect another member of the Committee as Chairman for that sitting.

202. Quorum - (1) the quorum to constitute a sitting of any Committee shall, save as otherwise provided in these rules, be not less than 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 such sitting, there is no quorum, the Chairman shall either suspend the sitting until there is a quorum or adjourn the sitting to some future date.

(3) When the Committee has been adjourned in pursuance of sub-rule (2) on two successive dates fixed for sitting of the Committee, the Chairman shall report the fact to the House:

Provided that where a Committee has been appointed by the Speaker, the Chairman shall report the fact of such adjournment to the Speaker.

(4) On such report being made, the House or the Speaker, as the case may be, shall decide the future course of action.

203. Discharge of members absent from sittings of Committees and filling up of their vacancies - (1) If a member is absent from three consecutive sittings of a committee without permission of the Chairman, the membership of such member from the Committee may, after giving him an opportunity to explain, be terminated with the approval of the Speaker and thereupon his office in the Committee may be declared vacant with effect from the date of such approval by the Speaker.

(2) Notwithstanding anything in sub-rule (2) of rule 200, the vacancy under sub-rule (1) may be filled up by nomination of any other member by the Speaker.

Explanation I - For the purposes of calculation of sittings under this rule, sittings arranged out of Lucknow shall not be included.

Explanation II - If a member who arrived at Lucknow to participate in the sitting of a committee, could not participate in the sitting, but makes available to the Secretary on the date of such sitting an intimation in writing of his arrival at Lucknow, then for the purpose of this rule, he shall not be deemed to be absent on that date.

204. Resignation of a member - A member may resign his seat from the Committee by writing under his hand addressed to the Speaker.

205. Term of a Committee - The term of office of members of each of these Committees shall be a financial year:

Provided that the Committees elected or nominated under these rules, shall, unless otherwise specified, hold office until a new Committee is appointed.

206. Voting in the Committee - All questions at any siting of the Committee shall be determined by a majority of votes of the members present and voting. In the case of an equality of votes on any matter, the Chairman shall have a second or casting vote.

207. Power to appoint Sub-Committees - (1) Any of these Committees under these rules may appoint one or more sub committees, each having the powers of the undivided committee, to examine any matters that may be referred to them, and the reports of such sub-committees shall be deemed to be the reports of the whole Committee if they are approved at a sitting of the whole Committee.

(2) The order of reference to a Sub-Committee shall clearly state the matter or matters for investigation. The report of the Sub-Committee shall be considered by the whole Committee.

208. Sitting of the Committee - The meetings of the 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 or if his office is vacant the Secretary may fix the date and time of a sitting.

209. Committee may sit whilst the house is sitting - The Committee may sit whilst 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.

210. Venue of Sitting - The sitting of the Committee shall be held in the Vidhan Bhawan, Lucknow, and if it becomes necessary to shift the place of sitting to outside the Vidhan Bhawan, the matter shall be referred to the Speaker whose decision shall be final.

211. 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 the 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.

(4) The Committee shall have power to take evidence on oath and to require the attendance of persons or the production of papers or records if considered necessary for the discharge of its duties:

Provided that Government may decline to produce a document on the ground that its disclosure would be prejudicial to the interest and safety of the state.

(5) All evidence tendered before the Committee shall be treated as secret and confidential until the presentation of the report of the Committee to the House:

Provided that it shall be in the discretion of the Committee to treat any evidence as secret and confidential in which case it shall not form part of the report.

212. Party or a Witness can appoint a counsel to appear before Committee - A Committee may permit a party to be represented by a Counsel appointed by him and approved by the Committee. Similarly a witness may appear before the Committee accompanied by a counsel appointed by him and approved by the Committee.

213. Procedure for examining witnesses - The examination of witness before the 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 question 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 or any subject connected therewith according to the procedure mentioned in sub-rule (1) of this rule.

    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. When a witness is summoned to give evidence, a verbatim record of proceedings of the Committee, shall be kept.

    6. The evidence tendered before the Committee may be made available to all members of the Committee.

214. Signing of the report of the Committee - 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.

215. Availability of report before presentation to Government - The Committee may, if it thinks fit, make available to Government a copy of its report or any completed part there of before presentation to the House. Such reports shall be treated as confidential until presented to the House.

216. Presentation of report - (1) The report of the Committee shall be presented by the Chairman of the Committee or the person who has signed the report or any Member of the Committee so authorised by the Chairman or in the absence of the Chairman, or when he is unable to present the report, by any member authorised by the committee and shall be placed on the Table of the House.

(2) In presenting the report the Chairman or in his absence, the member presenting the report shall, if he makes any observations, confine himself to a brief statement of fact, or draw the attention of the House to the recommendations made by the Committee.

(3) The Minister concerned or any Minister may give a short reply on that very day or on some future date, to which the matter has been postponed, explaining the Government point of view and the action which the Government propose to take.

(4) On a demand being made after the report has been presented but within 15 days from the date of its presentation, the Speaker, if he thinks fit, may appoint time for consideration of the report. There shall be neither a formal motion before the House nor voting.

217.Publication or circulation of report prior to its presentation to the House - The Speaker may order on a request the publication or circulation of a report of a Committee 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.

218. Power to make suggestions on procedure - (1) 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.

(2) Any of these Committees may, with the approval of the Speaker, make detailed rules of procedure to implement the provisions contained in these rules.

219. 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 organization 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 decision shall be final.

220. Unfinished work of Committee - A Committee which is unable to complete its work 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 or note that the Committee may have prepared or any evidence that the Committee may have taken shall be made available to the new Committee.

221. Secretary to be ex-officio Secretary of the Committee - The Secretary shall be the ex-officio Secretary of all the Committees appointed under these rules.

222. Applicability of general rules to Committees - Except as otherwise specifically provided in respect of any particular Committee, the provisions of the general rules in this Chapter shall apply to all committees.

Present Committees are as follows-:

1- Committee on Estimates

2- Committee on Public Accounts

3- Committee on Delegated Legislation

4- Committee on Petitions

5- Committee on Privileges

6- Committee of Government Assurances

7- Questions and Reference Committee

8- Rules Committee

9- Business Advisory Committee

10- Ethics Committee

11- Committee Relating to Examination of Audit Reports of the Local Bodies of the State

12- The Library Committee

13- Parliamentary Research, Reference and Studies Committee

14- Panchayti Raj Committee

15- Parliamentary Monitoring Committee

Presently there are the following Joint Committees in the U. P. Legislature-:

1- Joint Committee on Scheduled Caste Scheduled Tribes and Denotified Tribes

2- Joint Committee on the Public Undertakings and Corporations

3- Joint Committee Relating to Housing

4- Joint Committee Relating to Women and Child Welfare

Ad hoc_Committees are also constituted as and when required.
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