Rules Pro
Rules Pro
Rules Pro
CONDUCT OF BUSINESS IN
THE COUNCIL OF STATES
(RAJYA SABHA)
EIGHTH EDITION
EIGHTH EDITION
Price : ` 100.00
Committee also recommended amendment in rule 212(Q) (1) for increasing the
strength of the House Committee from seven Members to ten Members.
11. In its Tenth Report presented to the Rajya Sabha on July 20, 2004, the
Committee considered the question of restructuring of the Department-related
Parliamentary Standing Committees and suggested for the creation of seven
new Committees, namely, (i) Health and Family Welfare, (ii) Personnel, Public
Grievances and Law and Justice, (iii) Water Resources, (iv) Chemicals and
Fertilizers, (v) Rural Development, (vi) Coal and Steel and (vii) Social Justice
and Empowerment. Out of these seven Committees, two Committees, viz., Health
and Family Welfare and Personnel and Public Grievances and Law and Justice
were recommended to be placed in Part-I of the Third Schedule to the Rules of
Procedure. The Committee also suggested for reducing the maximum strength
of membership of these Committees from 45 to 31 members, out of which ten
members would be from the Rajya Sabha and 21 from the Lok Sabha. The
Committee, accordingly, recommended amendments in rule 269(1) and the Third
Schedule to the Rules of Procedure. The Ninth and Tenth Reports referred to
above were adopted by the House on July 20, 2004. The amendments in the
rules were brought into force by the Chairman the same day.
12. In its Eleventh Report, presented to the Rajya Sabha on December 8,
2006 the Committee made two recommendations namely: (i) amending rule
241 enabling the Minister to make a personal explanation in the House, thus
bringing him at par with the Members; and (ii) amending clause (b) of sub-rule
(4) of rule 252 thereby increasing the time of the ringing of division bells from
the existing two minutes to three minutes and thirty seconds. The Report was
adopted by Rajya Sabha on December 12, 2006 and the amendments were
brought into effect on the same day by the Chairman.
13. The Twelfth Report of the Committee on Rules was presented to the
House on December 14, 2010. It was observed, on many occasions during the
Question Hour, that the House did not get comprehensive information from
Government on an issue of sufficient public importance sought by the Members
through the question because the Member, in whose name the question was
listed, happened to be absent or did not put the question. In order to take up the
question even if the Member in whose name it appears in the starred list does
not put it, or happens to be absent, the Committee recommended substitution of
rule 54 (3) with a new rule. According to new rule if the member in whose name
a question is listed is absent or does not put the question, the Chairman shall
direct that the answer to it be given. Besides, the Committee also considered the
issue related to the number of questions that could appear in a Members name
in the Starred List. Under the earlier system, a Members name could appear in
(v)
the Starred List up to a maximum of three times - once as a first questioner, and
twice by way of clubbing. In order that more Members could be given opportunity
to ask question, the Committee recommended substitution of rule 43 with a new
rule. As per new rule 43 each question in the starred list would be in the name
of a single Member by virtue of his position in the ballot. As a consequence
of these amendments, the Committee also recommended deletion of rule 55.
The new rules were made effective from the February 22, 2010.
14. The present edition which deals only with the Rules of Procedure and
Conduct of Business in the Rajya Sabha, incorporates all the amendments made
therein till now.
15. An index is also added to the Rule Book to assist users in tracing
those matters on which they need specific information from time to time.
16. I hope the edition will prove handy to the Members and every one
else using it and will serve the purpose of referring to the Rules of Procedure of
the Council of States in a better way.
Rule Pages
CHAPTER XVII-B
COMMITTEE ON PAPERS LAID ON THE TABLE
212H. Committee on Papers Laid on the Table .................................. 70
212I. Constitution ............................................................................. 70
212J. Chairman of Committee ........................................................... 71
212K. Quorum .................................................................................... 71
212L. Power to take evidence or call for papers, records or documents .. 71
212M. Presentation of report .............................................................. 71
212N. Regulation of procedure .......................................................... 72
212O. Restriction on raising matters in Council about papers laid ... 72
CHAPTER XVII-C
HOUSE COMMITTEE
212P. House Committee .................................................................... 73
212Q. Constitution ............................................................................. 73
212R. Chairman of Committee ........................................................... 73
212S. Quorum .................................................................................... 73
212T. Power to take evidence or call for papers, records or documents ... 74
212U. Functions. ................................................................................ 74
212V. Presentation of report .............................................................. 74
212W. Regulation of procedure .......................................................... 74
CHAPTER XVIII
RESIGNATION, LEAVE OF ABSENCE
AND VACATION OF SEAT
213. Resignation of seats in Council ............................................... 75
214. Leave of absence from meetings of Council ............................ 76
215. Vacation of seats in Council .................................................... 76
(xix)
Rule Pages
CHAPTER XIX
COMMITTEE ON RULES
216. Committee on Rules ................................................................. 77
217. Constitution ............................................................................. 77
218. Quorum .................................................................................... 77
219. Presentation of report .............................................................. 78
220. Consideration of report ............................................................ 78
CHAPTER XX
COMMUNICATIONS BETWEEN PRESIDENT
AND COUNCIL
221. Communications from President to Council ........................... 79
222. Communications from Council to President ............................ 79
CHAPTER XX-A
INTIMATION TO CHAIRMAN ABOUT ARREST,
DETENTION, ETC. AND RELEASE OF A MEMBER
222A. Intimation regarding arrest, detention, etc. of member ............ 80
222B. Intimation regarding release of members ............................... 80
222C. Treatment of communications regarding arrest, detention, release,
etc. ........................................................................................... 80
CHAPTER XXI
GENERAL RULES OF PROCEDURE
Notices
223. Notices by members ................................................................ 81
224. Circulation of notices and papers ............................................ 81
225. Lapse of pending notices on prorogation of Council ............... 81
226. Business before Committee not to lapse on prorogation of
Council..................................................................................... 81
227. Power of Chairman to amend a notice .................................... 82
(xx)
Rule Pages
Motions
228. Repetition of motion ................................................................ 82
229. Withdrawal of motion .............................................................. 82
230. Dilatory motion ........................................................................ 82
Amendments
231. Scope of amendments .............................................................. 82
232. Notice of amendments ............................................................. 83
233. Selection of amendments ......................................................... 83
Mode of communication of Presidents recommendation
or sanction
234. Mode of communication of Presidents recommendation or
sanction .................................................................................... 83
Rules to be observed by Members
235. Rules to be observed in Council .............................................. 83
236. Members when entitled to speak ............................................. 84
237. Mode of addressing Council .................................................... 84
238. Rules to be observed while speaking ....................................... 84
238A. Procedure regarding allegations against members ................... 85
239. Questions to be asked through Chairman ................................ 85
240. Irrelevance or repetition ......................................................... 85
241. Personal explanation ................................................................ 85
Order of speeches and right of reply
242. Order of speeches and right of reply. ....................................... 86
Procedure when Chairman rises
243. Procedure when Chairman rises .............................................. 86
Closure
244. Closure ..................................................................................... 86
245. Limitation of debate ................................................................. 87
(xxi)
Rule Pages
Question for decision
246. Procedure for obtaining decision of Council ........................... 87
247. Proposal and putting of question ............................................. 87
248. No speech after voices collected ............................................. 87
Papers quoted to be laid on the Table
249. Papers quoted to be laid on the Table. ..................................... 87
250. Papers laid on the Table to be public ....................................... 87
Statement by Minister
251. Statement by Minister .............................................................. 88
Division
252. Division ................................................................................... 88
253. Division by operating automatic vote recorder ........................ 88
254. Division by going into Lobbies ............................................... 89
Withdrawal and suspension of Members
255. Withdrawal of Member ............................................................ 90
256. Suspension of Member ............................................................ 90
Suspension of Sitting
257. Power of Chairman to adjourn Council or suspend sitting. ..... 90
Points of order
258. Points of order and decisions thereon ...................................... 90
Maintenance of order
259. Chairman to preserve order and enforce decisions .................. 90
Proceedings of Council
260. Preparation and publication of proceedings of Council .......... 91
261. Expunction of words from proceedings ................................... 91
262. Indication of expunged words in proceedings ......................... 91
Admission of Officers of the House
263. Admission of Officers of the House to the Council ................. 91
(xxii)
Rule Pages
Admission of Strangers
264. Admission of strangers ............................................................ 91
265. Withdrawal of strangers ........................................................... 91
Residuary powers
266. Residuary powers ..................................................................... 91
Suspension of rules
267. Suspension of rules .................................................................. 92
CHAPTER XXII
DEPARTMENT RELATED PARLIAMENTARY STANDING
COMMITTEES
268. Department-related Standing Committees ............................... 93
269. Constitution ............................................................................. 93
270. Functions ................................................................................. 94
271. Applicability of provisions relating to functions ..................... 94
272. Procedure relating to Demands for Grants .............................. 94
273. Procedure relating to Bills ....................................................... 95
274. Report of the Committee ......................................................... 95
275. Applicability of rules relating to Select Committees on Bills 95
276. Matters not to be considered .................................................... 95
277. Reports to have persuasive value ............................................. 95
CHAPTER XXIII
GENERAL PURPOSES COMMITTEE
278. General Purposes Committee .................................................. 96
279. Constitution ............................................................................. 96
280. Quorum .................................................................................... 96
281. Functions ................................................................................. 96
282. Record of decisions ................................................................. 96
(xxiii)
Rule Pages
283. Special report ........................................................................... 96
284. Presentation of report .............................................................. 97
285. Power to make detailed rules ................................................... 97
CHAPTER XXIV
COMMITTEE ON ETHICS
286. Committee on Ethics ................................................................ 98
287. Constitution ............................................................................. 98
288. Chairman of Committee ........................................................... 98
289. Quorum .................................................................................... 98
290. Functions ................................................................................. 98
291. Power to take evidence or call for papers, records or
documents ................................................................................ 99
292. Information to be furnished by Members ................................ 99
293. Register of members interest .................................................. 99
294. Declaration of interests ............................................................ 100
295. Procedure for making complaint . ........................................... 100
296. Procedure for inquiry ............................................................... 101
297. Sanctions .................................................................................. 101
298. Presentation of report .............................................................. 101
299. Motion for consideration of report .......................................... 101
300. Amendment to motion for consideration ................................. 102
301. Motion after consideration of report ........................................ 102
302. Regulation of procedure .......................................................... 102
303. Power of Chairman to refer a question of ethical and other
misconduct to Committee ........................................................ 102
SCHEDULES
FIRST SCHEDULE - Form of Petition ............................................... 105
SECOND SCHEDULE - Form of intimation regarding arrest,
detention, conviction of release, as the case may be, of a Member .... 106
THIRD SCHEDULE - Allocation of Ministries/Departments to
various Department-related Parliamentary Standing Committees ...... 108
INDEX
Index ................................................................................................. 113-156
CHAPTER I
SHORT TITLE AND DEFINITIONS
1. Short title and commencement
(1) These rules may be called "The Rules of Procedure and Conduct of
Business in the Council of States (Rajya Sabha)".
(2) These rules shall come into force on such date as the Chairman may
appoint.
2. Definitions
(1) In these rules, unless the context otherwise requires :
"Bulletin" means the Bulletin of the Council of States (Rajya Sabha)
containing (a) a brief record of the proceedings of the Council at each of its
sittings; (b) information on any matter relating to or connected with the business
of the Council or other matter which in the opinion of the Chairman may be
included therein and (c) information regarding Committees of the Council or
Joint Committees of the two Houses;
"Chairman" means the Chairman of the Council of States (Rajya Sabha);
"Constitution" means the Constitution of India;
"Council" means the Council of States (Rajya Sabha);
"Finance Minister" includes any Minister;
"Gazette" means the Gazette of India;
"House" means the House of the People (Lok Sabha);
"Houses" means the Council of States (Rajya Sabha) and the House of
the People (Lok Sabha);
1
["Leader of the Council" means the Prime Minister, if he is a member
of the Council, or a Minister who is a member of the Council and is
nominated by the Prime Minister to function as the Leader of the Council];
1
Ins. by R.S. Bn. (II) dated 15.1.1982 para 26840.
2 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
one of whom may preside over the Council in the absence of the Chairman
and the Deputy Chairman when so requested by the Chairman, or in his
absence, by the Deputy Chairman.
(2) A Vice-Chairman nominated under sub-rule (1) shall hold office
until a new panel of Vice-Chairmen is nominated.
9. Powers of Deputy Chairman etc. while presiding
The Deputy Chairman or other member competent to preside over a
sitting of the Council under the Constitution or these rules shall, when so
presiding, have the same power as the Chairman when presiding over the
Council and all references to the Chairman in these rules shall in these
circumstances be deemed to be, references to any such person so presiding.
CHAPTER IV
SITTINGS OF COUNCIL
10. Sitting of Council when duly constituted
A sitting of the Council is duly constituted when it is presided over by the
Chairman or [a member]1 competent to preside over a sitting of the Council under
the Constitution or these rules.
11. Commencement of sitting
A sitting of the Council shall commence at such hour as the Chairman
may direct.
12. Days of sittings
The Council shall sit on such days as the Chairman, having regard to the
state of business of the Council, may from time to time direct.
13. Conclusion of sitting
A sitting of the Council shall conclude at such hour as the Chairman may
direct.
1
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
CHAPTER V
PRESIDENTS ADDRESS AND
MESSAGES TO COUNCIL
14. Allotment of time for discussion of Presidents Special Address
The Chairman, in consultation with the Leader of the Council, shall allot
time for the discussion of the matters referred to in the Presidents Address to
the Houses under clause (1) of article 87 of the Constitution.
15. Scope of discussion
On such day or days or part of any day, the Council shall be at liberty to
discuss the matters referred to in such Address on a Motion of Thanks moved by
a member and seconded by another member.
16. Amendments
Amendments may be moved to such Motion of Thanks in such form as
may be considered appropriate by the Chairman.
17. Other business that may be taken up
(1) Notwithstanding that a day has been allotted for discussion on the
Presidents Address,
(a) a motion or motions for leave to introduce a Bill or Bills may be
made and a Bill or Bills may be introduced on such day; and
(b) other business of a formal character may be transacted on such day
before the Council commences or continues the discussion on the
Address.
(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
the Chairman. The Chairman shall forthwith put the question, no amendment or
debate being allowed.
8 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
1
Omitted by R.S. Bn. (II) dated 15.1.1982 para 26840.
CHAPTER VI
ARRANGEMENT OF BUSINESS
23. Arrangement of Government business
On days allotted for the transaction of Government business that business
shall have precedence and the Secretary-General shall arrange that business in
such order as the Chairman after consultation with the Leader of the Council
may determine:
Provided that such order of business shall not be varied on the day that
business is set down for disposal unless the Chairman is satisfied that there is
sufficient ground for such variation.
24. Allotment of time for private members business
Unless the Chairman otherwise directs, [not less than two and a half hours of
a sitting on Friday shall be allotted for the transaction of private members business]1:
Provided that the Chairman may allot different Fridays for the disposal of
different classes of such business and on Fridays so allotted for any particular
class of business, business of that class shall have precedence:
Provided further that the Chairman may, in consultation with the Leader
of the Council, allot any day other than a Friday for the transaction of private
members business:
[Provided further that if there is no sitting of the Council on a Friday, the
Chairman may direct that not less than two and a half hours or, a sitting on any
other day in the same week may be allotted for the transaction of private members
business]2.
25. Precedence of private members Bills
(1) The relative precedence of notices of Bills given by private members
shall be determined by [draw of lot]3, to be held in accordance with the order
made by the Chairman, on such day, not being less than fifteen days before the
1
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
2
Ins. by ibid.
3
Subs. by ibid.
10 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
day with reference to which the [draw of lot]1 is held, as the Chairman may direct.
(2) The relative precedence of private members Bills on a day allotted for
the disposal of such Bills shall be in the following order, namely:
(a) Bills in respect of which the motion is that leave be granted to
introduce the Bill;
(b) Bills returned by the President with a message under article 111 of
the Constitution;
(c) Bills which have been passed by the Council and returned by the
House with amendments;
(d) Bills which have been passed by the House and transmitted to the
Council;
(e) Bills in respect of which a motion has been carried that the Bill be
taken into consideration;
(f) Bills in respect of which [a Report]2 of a Joint or Select 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;
(i) Other Bills.
(3) The relative precedence of Bills falling under the same clause of sub-
rule (2) shall be determined by [draw of lot]3 to be held at such time and in such
manner as the Chairman may direct:
4
[Provided that for the purpose of determining the relative precedence of
Bills falling under clause (h) of sub-rule (2), names of member-in-charge shall
be drawn by lot and Bills of those members who secure the first ten places in the
draw shall be included in the List of Business for any day allotted for the disposal
of Private Members Bills:
Provided further that if a Member has more than one Bill pending against
his name, he shall be eligible to select one of his Bills:
1
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
2
Subs. by ibid.
3.
ibid.
4.
Subs. by R.S. Bn. (II) dated 1.7.1986 para 29422.
ARRANGEMENT OF BUSINESS 11
shall have precedence over other Bills or resolutions, as the case may be, set
down for that day].
29. List of business
(1) A list of business for the day shall be prepared by the Secretary-
General, and a copy thereof shall be made available for the use of every member.
(2) Save as otherwise provided in these rules, no business not included
in the list of business for the day shall be transacted at any meeting without the
leave of the Chairman.
(3) Save as otherwise provided by these rules, no business requiring
notice shall be set down for a day earlier than the day after that on which the
period of the notice necessary for that class of business expires.
[(4) Unless the Chairman otherwise directs, not more than ten Bills falling
1
under clause (h) of sub-rule (2) of rule 25, or five resolutions [in addition to any
Bill or resolution falling under proviso to rule 27 or sub-rule (2) of rule 28] shall
be set down in the list of business for any day allotted for the disposal of private
members Bills or resolutions, as the case may be].
BUSINESS ADVISORY COMMITTEE
30. Constitution
(1) The Chairman may, from time to time, nominate a Committee called the
Business Advisory Committee consisting of eleven members including the
Chairman and the Deputy Chairman.
(2) The Chairman shall be the Chairman of the Committee.
(3) The Committee nominated under sub-rule (1) shall hold office until a
new Committee is nominated.
(4) If the Chairman is for any reason unable to preside over any meeting
of the Committee, the Deputy Chairman shall act as the Chairman for that meeting.
(5) If the Chairman or the Deputy Chairman, as the case may be, is for any
reason, unable to preside over any meeting, the Committee shall choose any
other member to act as Chairman of the Committee for that meeting]2.
1.
Subs. by ibid.
2.
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
ARRANGEMENT OF BUSINESS 13
should be allocated
(a) for the discussion of stage or stages of such Government Bills and
other business as the [Chairman]3 in consultation with the Leader of
the Council may direct for being referred to the Committee; and
(b) for the discussion of stage or stages of private members Bills and
resolutions.]
(2) The Committee shall have the power to indicate in the proposed
[allocation of time]4 the different hours at which the various stages of the Bill or
other business shall be completed.
(3) The Committee shall have such other functions as may be assigned to
it by the [Chairman]5 from time to time.
34. Report of Allocation of time to the Council
[The allocation of time in regard to the Bill or group of Bills or other business
as recommended by the Committee, shall be reported by the Chairman or, in his
absence, by the Deputy Chairman to the Council and notified in the Bulletin]6.
35. Allocation of time order
As soon as may be after the report has been made to the Council, a motion
may be moved [by the Deputy Chairman or in his absence]7, by any other member
of the Committee designated by the [Chairman]8 "that this Council agrees with
the allocation of time proposed by the Committee in regard to such and such Bill
or Bills, or other business, as the case may be," and if such a motion is accepted
by the Council, it shall take effect as if it were an Order of the Council:
1.
Subs. by ibid.
2.
Subs. by ibid.
3.
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
4.
Subs. by ibid.
5.
Subs. by ibid.
6.
Subs. by ibid.
7
Subs. by ibid.
8.
Ins. by ibid.
14 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
1.
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
2.
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
CHAPTER VII
QUESTIONS
38. Time for questions
Unless the Chairman otherwise directs, the first hour of every sitting shall
be available for the asking and answering of questions.
39. Notice of questions
Unless the Chairman otherwise directs, not less than [fifteen clear days]1
notice of a question shall be given.
40. Form of notice of questions
Notice of a question shall be given in writing to the Secretary-General and
shall specify
(a) the official designation of the Minister to whom it is addressed; and
(b) the date on which the question is proposed to be placed on the list
of questions for answers.
41. Notice of admission of questions to Ministers
Unless the Chairman otherwise directs, no question shall be placed on the
list of questions for answers until five days have expired from the day when
notice of such question has been given by the Secretary-General to the Minister
to whom it is addressed.
42. Starred Questions
A member who desires an oral answer to his question shall distinguish it
by an asterisk and if he does not distinguish it by an asterisk the question shall
be printed in the list of questions for written answers.
43. Limit of number of Starred Questions
[(1)Not more than one question distinguished by an asterisk by the same
member shall be placed on the list of questions for oral answer on any one day.
Questions in excess of one shall be placed on the list of questions for written
answers.
1
Subs. by R.S. Bn. (II) dated 12.6.1995 para 35141.
16 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
(2) Each question included in the List of questions for oral answer will be
in the name of one member only by virtue of his position in the ballot.
(3) Unless the Chairman otherwise directs, where a Member has given
more than one notice of questions distinguished by an asterisk for same day, his
question for the list of questions for oral answer shall be selected in the order
indicated by the member and if no such order is indicated, any of these questions
shall be placed on the list of questions for oral answer in the order in which
notices are received in point of time.]1
44. Allotment of days for questions
The time available for answering questions shall be allotted on different
days in rotation for the answering of questions relating to such Ministry or
Ministries as the Chairman may, from time to time, provide, and on each such
day, unless the Chairman with the consent of the Minister concerned otherwise
directs, only questions relating to the Ministry or Ministries for which time on
that day has been allotted shall be placed on the list of questions for oral answers.
2
[45. Starred Questions not replied orally
If any question placed on the list of questions for oral answers on any day
is not called for answer within the time available for answering questions on that
day, a written answer to such a question shall be deemed to have been laid on the
Table by the Minister concerned at the end of the question hour or as soon as the
questions for oral answers have been disposed of, as the case may be:
Provided that if a member on being called by the Chairman 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 shall be deemed to
have been laid on the Table].
46. Questions to private members
A question may be addressed by a member 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 Council for which that member is responsible
and the procedure in regard to such questions shall, as far as may be, be the
same as that followed in the case of questions addressed to a Minister with such
variations as the Chairman may consider necessary or convenient.
1
Subs. by R.S. Bn. (II) dated 3.2.2010 para 46781.
2.
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
QUESTIONS 17
(xiii) it shall not raise questions of policy too large to be dealt within the
limits of an answer to a question;
(xiv) it shall not repeat in substance questions already answered or to
which an answer has been refused;
(xv) it shall not ask for information on trivial matters;
(xvi) it shall not ordinarily seek information on matters of past history;
(xvii) it shall not require information set forth in accessible documents or
in ordinary works of reference;
(xviii) it shall not raise matters under the control of bodies or persons not
primarily responsible to the Government of India;
(xix) 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;
(xx) it shall not relate to a matter with which a Minister is not officially
connected;
(xxi) it shall not refer discourteously to a friendly foreign country;
(xxii) it shall not seek information about matters which are in their nature
secret.
48. Questions on matters of correspondence between the Government of
India and the Government of a State
In matters which are or have been the subject of correspondence between
the Government of India and the Government of a State, no question shall be
asked except as to matters of fact, and the answer shall be confined to a statement
of fact.
49. Chairman to decide admissibility
(1) The Chairman 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 calculated to
obstruct or prejudicially affect the procedure of the Council or is in contravention
of these rules.
(2) Subject to the provisions of rule 44, the Chairman may direct that a
question be placed on the list of questions for answers, 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.
QUESTIONS 19
Provided that a postponed question shall not be placed on the list until
two clear days have expired from the time when the notice of postponement has
been received by the Secretary-General.
54. Mode of asking questions
(1) When the time for asking questions, arrives, the Chairman shall call
successively each member in whose name a question appears in the list of
questions.
(2) The member so called shall rise in his place and unless he states that it
is not his intention to ask the question standing in his name, he shall ask the
question by reference to its number in the list of questions.
(3) [If on a question being called it is not put or the member in whose
name it stands is absent, the Chairman shall direct that the answer to it be
given.]1
55. [Omitted.]2
56. 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 Chairman may put a supplementary
question for the purpose of further elucidating any matter of fact regarding which
an answer has been given:
Provided that the Chairman shall disallow any supplementary question,
if, in his opinion, it infringes the rules regarding questions.
57. Answers not to refer to proceedings in House
An answer to a question in the Council shall not refer to the answer to a
question or proceedings in the House during a current session.
58. Short notice questions
(1) A question relating to a matter of public importance may be asked with
shorter notice than fifteen clear days and if the Chairman is of the opinion that
the question is of an urgent character he may direct that an enquiry may be made
from the Minister concerned if he is in a position to reply and, if so, on what
1.
Subs. by R.S. Bn. (II) dated 3.2.2010 para 46781.
2.
Deleted by ibid.
20
QUESTIONS 21
date.
(2) If the Minister concerned is in a position to reply, such question shall
be answered on a day to be indicated by him and at the time to be determined by
the Chairman.
(3) If the Minister is not in a position to answer the question at short
notice and the Chairman is of opinion that the question is of sufficient public
importance to be orally answered in the Council, he may direct that the question
be placed as the first question on the list of questions for the day on which it
would be due for answer under rule 39:
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 member desires an oral answer to a question at shorter notice,
he shall briefly state the reasons for asking the question with short notice. Where
no reasons have been assigned in the notice of the question, the question shall
be returned to the member.
[(5)The member who has given notice of the question shall ask the question
by reference to its number on the list of questions when called by the Chairman
and the Minister concerned shall give a reply immediately]1.
(6) In other respects, the procedure for short notice questions shall be the
same as for ordinary questions for oral answers, with such modifications as the
Chairman may consider necessary or convenient.
59. No publicity of answers to questions in advance
Answers to questions which Ministers propose to give in the Council
shall not be released for publication until the answers have actually been given
on the floor of the Council or laid on the Table.
1
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
22 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
CHAPTER VIII
HALF-AN-HOUR DISCUSSION
(1) The Chairman shall allot half-an-hour from 5 p.m. to 5.30 p.m. on any
day for raising discussion on a matter of sufficient public importance which has
been the subject of a recent question in the Council, and the answer to which
needs elucidation on a matter of fact:
Provided that if the other business set down for the day is concluded before
5 p.m. the period of half-an-hour shall commence from the time such other
business is concluded:
Provided further that the Chairman may vary the time of commencement
of such discussion if such a course is, in his opinion, necessary or convenient.
(2) A member wishing to raise a matter shall give notice in writing to the
Secretary-General 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 further that the Chairman may with the consent of the Minister
concerned waive the requirement concerning the period of notice.
(3) The Chairman shall decide whether the matter is of sufficient public
importance to be put down for discussion.
(4) If more than two notices have been received and admitted by the
Chairman, the Secretary-General shall [draw by lot]1 two notices and the notices
shall be put down in the order in which they were received in point of time:
1
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
HALF-AN-HOUR DISCUSSION 23
Provided that if any matter put down for discussion on a particular day is
not disposed of on that day it shall not be set down for any other day, unless the
member so desires, in which case it shall be included in the [draw of lot]1 for the
next available day.
(5) There shall be no formal motion before the Council nor voting. The
member who has given notice may make a short statement and the Minister
concerned shall reply shortly. Any member who has previously intimated to the
Chairman may be permitted to put a question for the purpose of further elucidating
any matter of fact:
Provided that if the member who has given notice is absent, any member
who has supported the notice may, with the permission of the Chairman, initiate
the discussion.
1.
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
24 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
CHAPTER IX
LEGISLATION
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.
(b) MOTIONS AFTER INTRODUCTION OF BILLS
69. Motion after introduction of Bills
(a) if the member in charge moves that the Bill be taken into
consideration, any member may move as an amendment that the
Bill be referred to a Select Committee of the Council or a Joint
Committee of the Houses with the concurrence of the House, or be
circulated for the purpose of eliciting opinion thereon by a date to
be specified in the motion, or
(b) if the member in charge moves that the Bill be referred to a Select
Committee of the Council or a Joint Committee of the Houses with
LEGISLATION 27
(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 thereon, 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 Council or a Joint Committee of the Houses unless the Chairman
allows a motion to be made that the Bill be taken into consideration.
1
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
LEGISLATION 31
(3) The Chairman of the Committee may call other members of the Select
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 the Select Committee when a
witness is summoned to give evidence shall be kept.
86. Printing and publication of evidence
(1) The evidence tendered before the Select Committee under rule 85 may
be made available to all members of the Select Committee.
(2) The Committee may direct that the whole or a part of the evidence or a
summary thereof may be laid on the Table.
(3) The evidence given before a Select Committee shall not be published by
any member of the Select Committee or by any other person until it has been laid
on the Table:
Provided that the [Chairman]1 may, in his discretion, direct that such
evidence be confidentially made available to members before it is formally laid
on the Table.
87. Power of [Chairman]2 to give directions
(1) The [Chairman]3 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
of the Committee may, if he thinks fit, refer the point to the [Chairman]4 whose
decision shall be final.
88. Power to make suggestions on procedure
A Select Committee shall have power to pass resolutions on matters of
procedure relating to Select Committees for the consideration of the [Chairman]5
who may make such variations in procedure as he may consider necessary.
1.
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
2.
Subs. by ibid.
3.
Subs. by ibid.
4.
Subs. by ibid.
5.
Subs. by ibid.
32 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
members for two days, and such objection shall prevail, unless the Chairman
allows the report to be taken into consideration; or
(b) that the Bill as reported by the Select Committee of the Council, or
the Joint Committee of the Houses, as the case may be, be re-
committed 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 an additional provision in the Bill; or
(c) that the Bill as reported by the Select Committee of the Council, or
the Joint Committee of the Houses, be circulated or re-circulated,
as the case may be, for the purpose of obtaining opinion or further
opinion thereon.
(2) If the member in charge moves that the Bill as reported by the Select
Committee of the Council or the Joint Committee of the Houses, as the case may
be, be taken into consideration, any member may move as an amendment that
the Bill be re-committed or be circulated or recirculated for the purpose of
obtaining opinion or further opinion thereon.
94. Scope of debate on report
The debate on a motion that the Bill as reported by the Select Committee of
the Council, or the Joint Committee of the Houses, as the case may be, be taken
into consideration shall be confined to consideration of the report of the
Committee and the matters referred to in that report or any alternative suggestions
consistent with the principles of the Bill.
(e) AMENDMENTS TO CLAUSES, ETC., AND CONSIDERATION OF
BILLS
95. Notice of amendments
(1) If notice of an amendment has not been given one day before the day
on which the Bill is to be considered, any member may object to the moving of
the amendment, and such objection shall prevail, unless the Chairman allows
the amendment to be moved:
Provided that, in the case of a Government Bill, an amendment, of which
notice has been received from the member in charge, shall not lapse by reason of the
fact that the member in charge has ceased to be a Minister or a member and such
amendment shall be printed in the name of the new member in charge of the Bill.
LEGISLATION 35
motion being made on the same day that the Bill be passed, and such objection
shall prevail unless the Chairman 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 neither formal
nor verbal or consequential upon an amendment made after the Bill was taken
into consideration.
110. Scope of debate
The discussion on a motion that the Bill 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.
111. Bills passed by Council
When a Bill is passed by the Council, it shall be transmitted to the House
for concurrence with a message to that effect.
(g) BILLS OTHER THAN MONEY BILLS RETURNED BY HOUSE WITH
AMENDMENTS
112. Bills returned by the House with amendment
If a Bill other than a Money Bill passed by the Council and transmitted to
the House is returned to the Council with amendment, it shall on receipt be laid
on the Table.
113. Notice of motion for consideration of amendment
After the amended Bill has been laid on the Table, any Minister in the case
of a Government Bill, or in any other case any member, after giving two days
notice or with the consent of the Chairman without notice, may move that the
amendment be taken into consideration.
114. Procedure on consideration of amendment
(1) If a motion that the amendment be taken into consideration is carried,
the Chairman shall put the amendment to the Council in such manner as he
thinks most convenient for its consideration.
(2) An amendment relevant to the subject matter of the amendment
made by the House may be moved, but no further amendment shall be moved
LEGISLATION 39
the Council, the Bill as further amended shall on receipt by the Council be laid on
the Table.
130. Notice of motion for consideration of amendments
After the amended Bill has been laid on the Table, any Minister in the case
of a Government Bill, or in any other case, any member after giving two days
notice, or with the consent of the Chairman without notice, may move that the
amendments be taken into consideration.
131. Procedure on consideration of amendments
(1) If a motion that the amendments be taken into consideration is carried,
the Chairman shall put the amendments to the Council in such manner as he
thinks most convenient for their consideration.
(2) Further amendments relevant to the subject matter of the amendments
made by the House may be moved, but no further amendment shall be moved to
the Bill, unless it is consequential upon, or an alternative to, an amendment
made by the House.
132. Disposal of amendments
The Council may either agree to the Bill as originally passed in the House
or as further amended by the House, as the case may be, or may return the Bill
with a message that it insists on an amendment or amendments to which the
House has disagreed.
133. Disagreement between Houses
If a Bill is returned with a message intimating that the Council insists on
amendments to which the House is unable to agree, the Houses shall be deemed
to have finally disagreed as to the amendments.
134. Rejection of a Bill
When any of the following motions moved in the Council with reference
to a Bill originating in the House and transmitted to the Council is negatived by
the Council, the Bill shall be deemed to have been rejected by the Council:
(i) that the Bill be referred to a Select Committee of the Council;
(ii) that the Bill be taken into consideration;
(iii) that the Bill as reported by a Select Committee of the Council be
taken into consideration; and
LEGISLATION 43
(iv) that the Bill (or, as the case may be, that the Bill, as amended) be
passed.
III. Authentication and reconsideration of Bills
135. Authentication of a Bill
When a Bill is passed by the Houses and is in possession of the Council,
a copy thereof shall be signed by the Chairman, and presented to the President:
Provided that in the absence of the Chairman from New Delhi, the
Secretary-General may authenticate the Bill for the Chairman in case of urgency.
136. Reconsideration by Council of a Bill passed
When a Bill which has been passed by the Houses is returned by the
President for reconsideration, the point or points referred for reconsideration
shall be put before the Council by the Chairman, and shall be discussed and
voted upon in the same manner as amendments to a Bill, or in such other way as
the Chairman may consider most convenient for their consideration by the
Council.
44 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
CHAPTER X
PETITIONS
137. Petitions
Petitions may be presented or submitted to the Council with the consent
of the Chairman in accordance with these rules.
138. Scope
Petitions may relate to
(i) a Bill which has been published under rule 61 or which has been
introduced or in respect of which notice of a motion has been received
under these rules;
(ii) any other matter connected with the business pending before the
Council; and
(iii) any matter of general public interest provided that it 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, authority or quasi-judicial body or Commission;
(b) which raises matters which are not primarily the concern of the
Government of India;
(c) which can be raised on a substantive motion or resolution; or
(d) for which remedy is available under the law, including rules,
regulations or bye-laws made by the Central Government or by
an authority to whom power to make such rules, regulations or
bye-laws is delegated.
139. General form
(1) The general form of petition set out in the [First Schedule]1, with
such variations as the circumstances of each case require, may be used and, if
used, shall be sufficient.
1
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
PETITIONS 45
1
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
2
Subs. by ibid.
PETITIONS 47
CHAPTER XI
RESOLUTIONS
1
[154. Notice
A member other than a Minister who wishes to move a resolution on a day
allotted for private members resolutions, shall give a notice to that effect at
least two days before the date of draw of lot. The names of all members from
whom such notices are received shall be drawn by lot and those members who
secure the first five places in the draw of lot for the day allotted for private
members resolutions shall be eligible to give notice of one resolution each
within ten days of the date of the draw of lot].
155. Form
A resolution may be in the form of a declaration of opinion by the Council
[or in such other form as the Chairman may consider appropriate].2
156. Subject-matter
Subject to the provisions of these rules, any member may move a resolution
relating to a matter of general public interest.
157. Conditions of admissibility
In order that a resolution may be admissible, it shall satisfy the following
conditions, namely:
(i) it shall be clearly and precisely expressed;
(ii) it shall raise substantially one definite issue;
(iii) it shall not contain arguments, inferences, ironical expressions,
imputations or defamatory statements;
(iv) it shall not refer to the conduct or character of persons except in
their official or public capacity; and
(v) it shall not relate to any matter which is under adjudication by a
court of law having jurisdiction in any part of India.
1
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
2
Added by ibid.
RESOLUTIONS 49
1
Deleted by R.S. Bn. (II) dated 15.1.1982 para 26840.
54 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
CHAPTER XIII
SHORT DURATION DISCUSSION
176. Notice
Any member desirous of raising discussion on a matter of urgent public
importance may give notice in writing to the Secretary-General specifying clearly
and precisely the matter to be raised:
Provided that the notice shall be accompanied by an explanatory note
stating reasons for raising discussion on the matter in question:
Provided further that the notice shall be supported by the signatures of at
least two other members.
177. Chairman to decide admissibility
If the Chairman is satisfied, after calling for such information from the
member who has given notice and from the Minister as he may consider necessary,
that the matter is urgent and is of sufficient public importance to be raised in the
Council at an early date, he may admit the notice and in consultation with the
Leader of the Council fix the date on which such matter may be taken up for
discussion and allow such time for discussion, not exceeding two and a half
hours, as he may consider appropriate in the circumstances:
Provided that if an early opportunity is otherwise available for the
discussion of the matter, the Chairman may refuse to admit the notice.
178. No formal motion
There shall be no formal motion before the Council 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 Chairman may be
permitted to take part in the discussion.
179. Time-limit for speeches
The Chairman may, if he thinks fit, prescribe a time-limit for speeches.
CHAPTER XIV
RAISING MATTERS OF PUBLIC IMPORTANCE
I. Calling Attention
(1) A member may, with the previous permission of the Chairman, 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:
1
[Provided that no member shall give more than two such notices for any
one sitting.]
(3) Not more than one such matter shall be raised at the same sitting.
(4) In the event of more than one matter being presented for the same day,
priority shall be given to the matter which is, in the opinion of the Chairman,
more urgent and important.
(5) 2[The proposed matter shall be raised after the questions and the laying
of papers, if any, on the Table and before any other item in the list of business is
taken up and at no other time during the sitting of the Council].
3
[II. Special Mention
180A. Notice
(4) Members concerned may revive their notice(s) for the following week
if they so desire by giving a fresh notice.
180D. Restriction on number of Special Mention
(1) Unless the Chairman otherwise directs, no member shall make more
than one Special Mention during a week.
(2) Total number of Special Mentions to be admitted for a day shall not
ordinarily exceed seven.
180E. Members to Associate
Any member who proposes to associate himself with a particular Special
Mention may do so with the permission of the Chairman stating "I associate
myself with the Special Mention made by " and such a member shall
not make a speech thereon.]
58 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
CHAPTER XV
PROCEDURE IN FINANCIAL MATTERS
(2) The Finance Minister shall have a general right of reply at the end of
the discussion.
(3) The Chairman may, if he thinks fit, prescribe a time limit for speeches.
184. Business that can be taken up on a day allotted for financial business
Notwithstanding that a day has been allotted for financial business a motion
or motions for leave to introduce a Bill or Bills may be made and a Bill or Bills
PROCEDURE IN FINANCIAL MATTERS 59
may be introduced on such day before the Council enters on the business for
which the day has been allotted.
matters in connection with the stage or stages for which a day or days or part of
a day has been allotted.
(4) After the motion that the Bill be taken into consideration has been
carried, the Bill shall be taken up clause by clause. At this stage amendments to
be recommended to the House may be moved to the Bill and the provisions of
the rules of the Council regarding consideration of amendments to Bills shall
apply.
(5) After the Bill has been considered clause by clause and the amendments,
if any, have been disposed of, the member in-charge of the Bill shall move that
the Bill be returned.
(6) When the motion that the Bill be returned has been carried, the Bill
shall be returned to the House in the case where the Council does not make any
recommendations, with a message that the Council has no recommendations to
make to the House in regard to the Bill and in the case where any amendments
have been recommended by the Council, with a message intimating to the House
the amendments so recommended.
(7) On a Bill being introduced in the Council or at subsequent stage if an
objection is taken that a Bill is a Money Bill within the meaning of article 110
and should not be proceeded within the Council, the Chairman shall if he holds
the objection valid direct that further proceedings in connection with the Bill be
terminated.
(8) If the Chairman has any doubt in regard to the validity of the objection,
he shall refer the matter to the Speaker whose decision on the question shall be
final in accordance with clause (3) of article 110 of the Constitution.
CHAPTER XVI
QUESTIONS OF PRIVILEGES
187. Question of privilege
Subject to the provisions of these rules, a member may, with the consent
of the Chairman, raise a question involving a breach of privilege either of a
member or of the Council or of a Committee thereof.
188. Notice
A member wishing to raise a question of privilege shall give notice in
writing to the Secretary-General, before the commencement of the sitting on the
day the question is proposed to be raised. If the question proposed to be raised
is based on a document, the notice shall be accompanied by the document.
189. Conditions of admissibility
The right to raise a question of privilege shall be governed by the following
conditions, namely:
(i) the question shall be restricted to a specific matter of recent occurrence;
and
(ii) the matter requires the intervention of the Council.
190. Mode of raising a question of privilege
(1) The Chairman, if he gives consent under rule 187 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 rise
in his place and while asking for leave to raise the question of privilege make
a short statement relevant thereto:
Provided that where the Chairman has refused his consent under rule 187
or is of opinion that the matter proposed to be discussed is not in order, he may,
if he thinks it necessary, read the notice of question of privilege and state that he
refuses consent or holds that the notice of question of privilege is not in order:
Provided further that the Chairman may, if he is satisfied about the urgency
of the matter, allow a question of privilege to be raised at any time during the
course of a sitting after the disposal of questions.
62 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
(2) If objection to leave being granted is taken, the Chairman shall request
those members, who are in favour of leave being granted to rise in their places
and if not less than twenty-five members rise accordingly, the Chairman shall
intimate that leave is granted. If less than twenty-five members rise the Chairman
shall inform the member that he has not the leave of the Council.
191. Reference to Committee of Privileges
If leave under rule 190 is granted, the Council may consider the question
and come to a decision or refer it to the Committee of Privileges [on a motion
made either by the member who has raised the question of privilege or by any
other member]1.
192. Constitution of Committee of Privileges
(1) The Chairman shall, from time to time, nominate a Committee of
Privileges consisting of ten members.
(2) The Committee nominated under sub-rule (1) shall hold office until a
new Committee is nominated.
(3) Casual vacancies in the Committee shall be filled by the Chairman.
193. Chairman of Committee
(1) The Chairman of the Committee shall be appointed by the Chairman
from amongst the members of the Committee.
(2) If the Chairman of the Committee is for any reason unable to act, the
Chairman may similarly appoint another Chairman of the Committee in his place.
(3) If the Chairman of the Committee is absent from any meeting, the
Committee shall choose another member to act as Chairman of the Committee
for that meeting.
194. Quorum
The quorum of the Committee shall be five.
195. Examination of the question
(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 recommendations as it may deem fit.
1
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
QUESTIONS OF PREVILEGES 63
(2) Subject to the provisions of sub-rule (1) of this rule, the report may also
state the procedure to be followed by the Council in giving effect to the
recommendations made by the Committee.
196. Power to take evidence or call for papers, records or documents
(1) The Committee of Privileges shall have power to require the attendance
of persons or the production of papers or records, if such a course is considered
necessary for the discharge of its duties:
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 Chairman, 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.
(2) Subject to the provisions of this rule, a witness may be summoned by
an order signed by the Secretary-General, and shall produce such documents as
are required for the use of the Committee.
(3) It shall be in the discretion of the Committee to treat any evidence
tendered before it as secret or confidential.
197. Sittings of Committee
(1) As soon as may be, after a question of privilege has been referred to
the Committee of Privileges, the Committee shall meet from time to time and
shall make a report within the time fixed by the Council:
Provided that where the Council 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 further that the Council may at any time, on a motion being
made, direct that the time for the presentation of the report by the Committee be
extended, to a date specified in the motion.
(2) Reports may be either preliminary or final.
(3) The report shall be signed by the Chairman of the Committee on behalf
of the Committee:
Provided that in case the Chairman of the Committee is absent or is not
readily available, the Committee shall choose any other member to sign the
report on behalf of the Committee.
64 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
report to the Council whether the powers to make rules, regulations, bye-laws,
schemes or other statutory instruments conferred by the Constitution or
delegated by Parliament have been properly exercised within such conferment
or delegation, as the case may be.]
205. Constitution
(1) The Committee shall consist of fifteen members who shall be nominated
by the Chairman.
(2) The Committee nominated under sub-rule (1) shall hold office until a
new Committee is nominated.
(3) Casual vacancies in the Committee shall be filled by the Chairman.
206. Chairman of Committee
(1) The Chairman of the Committee shall be appointed by the Chairman
from amongst the members of the Committee:
Provided that if the Deputy Chairman is a member of the Committee, he
shall be appointed Chairman of the Committee.
(2) If the Chairman of the Committee is for any reason unable to act, the
Chairman may similarly appoint another Chairman of the Committee in his place.
(3) If the Chairman of the Committee is absent from any meeting, the
Committee shall choose another member to act as Chairman of the Committee
for that meeting.
207. Quorum
(1) In order to constitute a meeting of the Committee, the quorum shall be
five.
1
Subs. by R.S. Bn. (II) dated 1.7.1972 para 20516.
66 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
(2) The Chairman of the Committee shall not vote in the first instance but
in the case of an equality of votes on any matter, he shall have, and exercise, a
casting vote.
208. Power to take evidence or call for papers, records or documents
(1) The Committee shall have power to require the attendance of persons
or the production of papers or records, if such a course is 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 safety or interest of the
State.
(2) Subject to the provisions of this rule, a witness may be summoned by
an order signed by the Secretary-General and shall produce such documents as
are required for the use of the Committee.
(3) It shall be in the discretion of the Committee to treat any evidence
tendered before it as secret or confidential.
209. Functions
[After each rule, regulation, bye-law, scheme or other statutory instrument
1
(vi) whether the order involves expenditure from the Consolidated Fund
of India or the public revenues;
(vii) whether the order appears to make some unusual or unexpected use
of the power 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 laying the order before Parliament; and
(ix) whether for any reason the form or purport of the order calls for any
elucidation].
210. Report
(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 the Council.
(2) If the Committee is of opinion that any other matter relating to any
order should be brought to the notice of the Council, it may report that opinion
and matter to the Council.
211. Presentation of report
The report of the Committee shall be presented to the Council by the
Chairman of the Committee or, in his absence, by any member of the Committee.
212. Regulation of procedure
The Committee shall determine its own procedure in connection with all
matters connected with the consideration of any question of subordinate
legislation in the Committee.
1
[CHAPTER XVII-A
COMMITTEE ON GOVERNMENT ASSURANCES
212A. Committee on Government Assurances
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 Council and to report on
(a) the extent to which such assurances, promises, undertakings, etc.,
have been implemented; and
(b) when implemented whether such implementation has taken place within
the minimum time necessary for the purpose.
212B. Constitution
(1) The Committee shall consist of ten members who shall be nominated
by the Chairman.
(2) The Committee nominated under sub-rule (1) shall hold office until a
new Committee is nominated.
(3) Casual vacancies in the Committee shall be filled by the Chairman.
212C. Chairman of Committee
(1) The Chairman of the Committee shall be appointed by the Chairman
from amongst the members of the Committee:
Provided that if the Deputy Chairman is a member of the Committee he
shall be appointed Chairman of the Committee.
(2) If the Chairman of the Committee is for any reason unable to act, the
Chairman may similarly appoint another Chairman of the Committee in his place.
(3) If the Chairman of the Committee is absent from any meeting, the
Committee shall choose another member to act as Chairman of the Committee
for that meeting.
1
Subs. by R.S. Bn. (II) dated 1.7.1972 para 20516.
COMMITTEE ON GOVERNMENT ASSURANCES 69
212D. Quorum
(1) In order to constitute a meeting of the Committee, the quorum shall be
five.
(2) The Chairman of the Committee shall not vote in the first instance but
in the case of an equality of votes on any matter, he shall have, and exercise, a
casting vote.
212E. Power to take evidence or call for papers, records or documents
(1) The Committee shall have power to require the attendance of persons
or the production of papers or records, if such a course is 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 safety or interest of the
State.
(2) Subject to the provision of this rule, a witness may be summoned by
an order signed by the Secretary-General and shall produce such documents as
are required for the use of the Committee.
(3) It shall be in the discretion of the Committee to treat any evidence
tendered before it as secret or confidential.
212F. Presentation of report
The report of the Committee shall be presented to the Council by the
Chairman of the Committee or, in his absence, by any member of the Committee.
212G. Regulation of procedure
The Committee shall determine its own procedure in connection with all
matters connected with the consideration of any question of assurances, promises,
undertakings, etc., in the Committee.]
1
[CHAPTER XVII-B
COMMITTEE ON PAPERS LAID ON THE TABLE
212H. Committee on Papers Laid on the Table
(1) There shall be a Committee on Papers Laid on the Table.
(2) After a paper is laid before the Council by a Minister, the Committee
shall consider
(a) whether there has been compliance with the provisions of the
Constitution or the Act of Parliament or any other law, rule or
regulation in pursuance of which the paper has been so laid;
(b) whether there has been any unreasonable delay in laying the paper
before the Council and if so, (i) whether a statement explaining the
reasons for such delay has also been laid before the Council along
with the paper, and (ii) whether those reasons are satisfactory; and
(c) whether the paper has been laid before the Council both in English
and Hindi and if not, (i) whether a statement explaining the reasons
for not laying the paper in Hindi has also been laid before the Council
along with the paper, and (ii) whether those reasons are satisfactory.
(3) The Committee shall perform such other functions in respect of the
papers laid on the Table as may be assigned to it by the Chairman from time to
time.
212I. Constitution
(1) The Committee shall consist of ten members who shall be nominated
by the Chairman.
(2) The Committee nominated under sub-rule (1) shall hold office until a
new Committee is nominated.
(3) Casual vacancies in the Committee shall be filled by the Chairman.
1
Ins. by R.S. Bn. (II) dated 15.1.1982 para 26840.
COMMITTEE ON PAPERS LAID ON THE TABLE 71
1
Ins. by R.S. Bn. (II) dated 1.7.1986 para 29422.
2
Subs. by R.S. Bn. (II) dated 20.7.2004 para 41502.
74 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
1
Subs. by R.S. Bn.(II) dated 15.1.1982 para 26840.
76 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
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.]
214. Leave of absence from meetings of Council
(1) A member wishing to obtain permission of the Council for remaining
absent from meetings thereof under clause (4) of article 101 of the Constitution
shall make an application in writing to the Chairman, stating the period for which
he may be permitted to be absent from the meetings of the Council.
(2) After the receipt of an application under sub-rule (1) of this rule the
Chairman shall, as soon as may be, read out the application to the Council and
ask: "Is it the pleasure of the Council that permission be granted to such and
such a member for remaining absent from all meetings of the Council for such
and such a period?" If no one dissents, the Chairman shall say: "Permission to
remain absent is granted." But if any dissentient voice is heard, the Chairman
shall take the sense of the Council and thereupon declare the determination of
the Council.
(3) No discussion shall take place on any question before the Council
under this rule.
(4) The Secretary-General shall, as soon as may be, after a decision has
been signified by the Council, communicate it to the member.
215. Vacation of seats in Council
(1) The seat of a member shall be declared vacant, under clause (4) of
article 101 of the Constitution, on a motion by the Leader of the Council or by
such other member to whom he may delegate his functions in this behalf.
(2) If the motion referred to in sub-rule (1) of this rule is carried, the
Secretary-General shall cause the information to be published in the Gazette
and forward a copy of the notification to Election Commission for taking steps
to fill the vacancy thus caused.
CHAPTER XIX
COMMITTEE ON RULES
216. Committee on Rules
A Committee on Rules shall be constituted to consider matters of procedure
and conduct of business in the Council and to recommend any amendments or
additions to these rules that may be deemed necessary.
217. Constitution
[(1) The Committee on Rules shall be nominated by the Chairman and
1
shall consist of sixteen members including the Chairman and the Deputy
Chairman.
(2) The Chairman shall be the Chairman of the Committee.
(3) The Committee nominated under sub-rule (1) shall hold office until a
new Committee is nominated.
(4) Casual vacancies in the Committee shall be filled by the Chairman.
(5) If the Chairman is for any reason unable to act as the Chairman of the
Committee, the Deputy Chairman shall act as the Chairman of the Committee in
his place.
(6) If the Chairman or the Deputy Chairman, as the case may be, is for
any reason unable to preside over any meeting, the Committee shall choose any
other member to act as the Chairman of the Committee for that meeting.]
218. Quorum
(1) In order to constitute a meeting of the Committee the quorum shall be
seven.
(2) The Chairman of the Committee shall not vote in the first instance but in
the case of an equality of votes on any matter he shall have, and exercise, a casting
vote.
1
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
78 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
1
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
2
Subs. by ibid.
3
Subs. by ibid.
4
Subs. by ibid.
5
Subs. by ibid.
6
Subs. by ibid..
7
Subs. by ibid.
CHAPTER XX
COMMUNICATIONS BETWEEN PRESIDENT AND
COUNCIL
221. Communications from President to Council
Communications from the President to the Council shall be made to the
Chairman by written message signed by the President or, if the President is
absent from the place of meeting of the Council, his message shall be conveyed
to the Chairman through a Minister.
222. Communications from Council to President
Communications from the Council to the President shall be made
(1) by formal address, after motion made and carried in the Council; and
(2) through the Chairman
1
[CHAPTER XX-A
INTIMATION TO CHAIRMAN ABOUT ARREST,
DETENTION, ETC. AND RELEASE OF A MEMBER
222A. Intimation regarding arrest, detention, etc. of 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 Chairman indicating the reasons for the
arrest, detention or conviction, as the case may be as also the place of detention
or imprisonment of the member in the appropriate form set out in the Second
Schedule.
222B. Intimation regarding release of members
When a member is arrested and after conviction released on bail pending
an appeal or is otherwise released, such fact shall also be intimated to the
Chairman by the authority concerned in the appropriate form set out in the Second
Schedule.
222C. Treatment of communications regarding arrest, detention, release,
etc.
As soon as may be, the Chairman shall, after he has received a
communication referred to in rule 222A or rule 222B, read it out to the Council
if sitting, or if the Council is not sitting, direct that it may be published in the
Bulletin for the information of the members:
Provided that if the intimation of the release of a member either on bail or
by discharge on appeal is received before the Council has been informed of the
original arrest, the fact of his arrest, or his subsequent release or discharge may
not be intimated to the Council by the Chairman:
Provided further that if a member has started attending the Council before
it has been informed of his release, the Chairman may not read it out to the
Council but direct that it may be published in the Bulletin for the information of
the members.]
1
Subs. by R.S. Bn. (II) dated 15.1.1982 para 26840.
CHAPTER XXI
GENERAL RULES OF PROCEDURE
NOTICES
223. Notices by members
(1) Every notice required by the rules shall be given in writing addressed
to the Secretary-General, and signed by the member giving notice, and shall be
left at the Council Notice Office which shall be open for this purpose between
the hours to be notified in the Bulletin from time to time on every day except
Saturday, Sunday or a public holiday.
(2) Notices left when the office is closed shall be treated as given on the
next open day.
224. Circulation of notices and papers
(1) The Secretary-General shall make every effort to circulate to each
member a copy of every notice or other paper which is by these rules required to
be made available for the use of members.
(2) A notice or other paper shall be deemed to have been made available for
the use of every member if a copy thereof is deposited in such manner and in
such place as the Chairman may, from time to time, direct.
225. Lapse of pending notices on prorogation of Council
On the prorogation of the Council, all pending notices, other than notices
of intention to move for leave to introduce a Bill, shall lapse and fresh notice
must be given for the next Session:
Provided that fresh notice shall be necessary of 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.
226. Business before Committee not to lapse on prorogation of Council
Any business pending before a Committee shall not lapse by reason only
of the prorogation of the Council and the Committee shall continue to function
notwithstanding such prorogation.
82 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
(iii) shall bow to the Chair while entering or leaving the Council, and
also when taking or leaving his seat;
(iv) shall not pass between the Chair and any Member who is speaking;
(v) shall not leave the Council when the Chairman is addressing the
Council;
(vi) shall always address the Chair;
(vii) shall keep to his usual seat while addressing the Council;
(viii) shall maintain silence when not speaking in the Council;
(ix) shall not obstruct proceedings, hiss or interrupt and avoid making
running commentaries when speeches are being made in the Council.
236. Members when entitled to speak
When a member rises to speak, his name shall be called by the Chairman.
If more members than one rise at the same time, the member whose name is so
called shall be entitled to speak.
237. Mode of addressing Council
A member desiring to make any observations on any matter before the
Council shall speak from his place, shall rise when he speaks and shall address
the Chairman:
Provided that a member disabled by sickness or infirmity may be permitted
to speak sitting.
238. Rules to be observed while speaking
A member while speaking shall not
(i) refer to any matter of fact on which a judicial decision is pending;
(ii) make a personal charge against a member;
(iii) use offensive expressions about the conduct or proceedings of the
Houses or any State Legislature;
(iv) reflect on any determination of the Council except on a motion for
rescinding it;
(v) reflect upon the conduct of persons in high authority unless the
discussion is based on a substantive motion drawn in proper terms.
GENERAL RULES OF PROCEDURE 85
STATEMENT BY MINISTER
251. Statement by Minister
A statement may be made by a Minister on a matter of public importance
with the consent of the Chairman but no question shall be asked at the time the
statement is made.
DIVISION
252. Division
(1) On the conclusion of a debate, the Chairman shall put the question and
invite those who are in favour of the motion to say "Aye" and those against the
motion to say "No".
(2) The Chairman shall then say: "I think the Ayes (or the Noes, as the
case may be) have it". If the opinion of the Chairman as to the decision of a
question is not challenged, he shall say twice: "The Ayes (or the Noes, as the
case may be) have it" and the question before the Council shall be determined
accordingly.
(3) If the opinion of the Chairman as to the decision of a question is
challenged, he may, if he thinks fit, ask the members who are for "Aye" and
those for "No" respectively to rise in their places and, on a count being taken, he
may declare the determination of the Council. In such a case, the names of the
voters shall not be recorded.
(4) (a) If the opinion of the Chairman as to the decision of a question is
challenged and he does not adopt the course provided for in sub-
rule (3) he shall order a "Division" to be held.
(b) After the [lapse of three minutes and thirty seconds]1, he shall put
the question a second time and declare whether in his opinion the
"Ayes" or the "Noes" have it.
(c) If the opinion so declared is again challenged, votes shall be taken
by operating the automatic vote recorder or by the members going
into the Lobbies.
253. Division by operating automatic vote recorder
(1) If the opinion declared under clause (b) of sub-rule (4) of rule 252 is
challenged and the Chairman decides that the votes shall be taken by operating
the automatic vote recorder, he shall direct that the votes be recorded and
1
Subs. by R.S. Bn. (II) dated 15.12.2006 para 43726.
GENERAL RULES OF PROCEDURE 89
thereupon the automatic vote recorder shall be put into operation and the
members shall cast their votes from the seats respectively allotted to them by
pressing the buttons provided for the purpose.
(2) After the result of the voting appears on the Indicator Board the
Secretary-General, shall present the totals of "Ayes" and "Noes" to the Chairman.
(3) The result of a Division shall be announced by the Chairman and shall
not be challenged.
(4) A member who is not able to cast his vote by pressing the button
provided for the purpose due to any reason considered sufficient by the Chairman,
may, with the permission of the Chairman, have his vote recorded verbally by
stating whether he is in favour of or against the motion.
(5) If a member finds that he has voted by mistake by pressing the wrong
button, he may be allowed to correct his mistake provided he brings it to the
notice of the Chairman before the result of the division is announced.
254. Division by going into Lobbies
(1) If the opinion declared under clause (b) of sub-rule (4) of rule 252 is
challenged and the Chairman decides that the votes shall be recorded by the
members going into the Lobbies, he shall direct the "Ayes" to go into the Right
Lobby and the "Noes" into the Left Lobby. In the "Ayes" or "Noes" Lobby, as
the case may be, each member shall call out his Division Number and the Division
Clerk, while marking off his number on the Division List shall simultaneously
call out the name of the member.
(2) After voting in the Lobbies is completed, the Division Clerks shall
hand over the Division Lists to the Secretary-General, who shall count the votes
and present the totals of "Ayes" and "Noes" to the Chairman.
(3) The result of a division shall be announced by the Chairman and shall
not be challenged.
(4) A member who is unable to go to the Division Lobby owing to sickness
or infirmity may, with the permission of the Chairman, have his vote recorded
either at his seat or in the Members Lobby.
(5) If a member finds that he has voted by mistake in the wrong Lobby, he
may be allowed to correct his mistake provided he brings it to the notice of the
Chairman before the result of the division is announced.
(6) When the Division Clerks have brought the Division Lists to the Table,
a member who has not up to that time recorded his vote but who then wishes to
have his vote recorded may do so with the permission of the Chairman.
90 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
PROCEEDINGS OF COUNCIL
260. Preparation and publication of proceedings of Council
The Secretary-General shall cause to be prepared a full report of the
proceedings of the Council at each of its meetings and shall as soon as practicable,
publish it in such form and manner as the Chairman may, from time to time,
direct.
261. Expunction of words from proceedings
If the Chairman 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 Council.
262. Indication of expunged words in proceedings
The portion of the proceedings of the Council so expunged shall be
indicated by asterisks and an explanatory footnote shall be inserted in the
proceedings as follows:
"Expunged as ordered by the Chair."
ADMISSION OF OFFICERS OF THE HOUSE
263. Admission of Officers of the House to the Council
Any officer of the Secretarial staff of the House shall be entitled to
admission to the Council Chamber during any sitting of the Council.
ADMISSION OF STRANGERS
264. Admission of strangers
The admission of strangers during the sittings of the Council to those
portions of the Council which are not reserved for the exclusive use of members
shall be regulated in accordance with orders made by the Chairman.
265. Withdrawal of strangers
The Chairman, whenever he thinks fit, may order the withdrawal of
strangers from any part of the Council.
RESIDUARY POWERS
266. 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 Chairman may, from time to time direct.
92 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
SUSPENSION OF RULES
267. Suspension of rules
[Any member, may, with the consent of the Chairman, move that any rule
may be suspended in its application to a motion related to the business listed
before the Council of that day and if the motion is carried, the rule in question
shall be suspended for the time being:
Provided further that this rule shall not apply where specific provision
already exists for suspension of a rule under a particular chapter of the Rules.]1
1
Ins. by R.S. Bn. (II) dated 1.7.2000 para 38137.
1
[CHAPTER XXII
DEPARTMENT RELATED PARLIAMENTARY STANDING
COMMITTEES
268. Department-related Standing Committees
Provided that the Chairman and the Speaker, Lok Sabha (hereinafter referred
to as the Speaker), may alter the said Schedule from time to time in consultation
with each other.
269. Constitution
(2) The Chairman of each of the Committees specified in Part I of the Third
Schedule shall be appointed by the Chairman of the Council from amongst
members of the respective Committees, and the Chairman of each of the
Committees specified in Part II of the said Schedule shall correspondingly be
appointed by the Speaker.
(3) A member of a Committee shall hold office for a term not exceeding one
year.
1
Added by R.S. Bn. (II) 30.3.1993 para 33692.
2
Subs. by R.S. Bn. (II) 20.7.2004 para 41502.
94 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
270. Functions
Each of the Standing Committees shall have the following functions,
namely:
(a) to consider the Demands for Grants of the related Ministries/
Departments and report thereon. The report shall not suggest
anything of the nature of cut motions;
(b) to examine Bills, pertaining to the related Ministries/ Departments,
referred to the Committee by the Chairman or the Speaker, as the
case may be, and report thereon;
(c) to consider the annual reports of the Ministries/Departments and
report thereon; and
(d) to consider national basic long term policy documents presented to
the Houses, if referred to the Committee by the Chairman or the
Speaker, as the case may be, and report thereon :
Provided that the Standing Committees shall not consider matters of day-
to-day administration of the related Ministries/Departments.
271. Applicability of provisions relating to functions
Each of the functions of the Standing Committees as provided in Rule 270
shall be applicable to the Committees from such date as may be notified by the
Chairman and the Speaker in respect of applicability of a particular function.
272. Procedure relating to Demands for Grants
The following procedure shall be followed by each of the Standing
Committees in its consideration of the Demands for Grants and making a report
thereon to the Houses, after the general discussion on the Budget in the Houses
is over, and the Houses are adjourned for a fixed period :
(a) the Committee shall consider the Demands for Grants of the related
Ministries during the aforesaid period;
(b) the Committee shall make its report within the specified period;
and
(c) there shall be a separate report on the Demands for Grants of each
Ministry.
DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEES 95
1
Added by R.S. Bn. (II) dated 1.7.2000 para 38137.
GENERAL PURPOSES COMMITTEE 97
that such matter is not directly connected with, or does not fall within or is not
incidental to, its terms of reference.
284. Presentation of report
The Report of the Committee shall be presented to the Council by the
Deputy Chairman or in his absence, by any Member of the Committee.
285. Power to make detailed rules
The Committee may with the approval of the Chairman make detailed
rules of procedure to supplement the provisions contained in the rules in this
Chapter.]
1
[CHAPTER XXIV
COMMITTEE ON ETHICS
286. Committee on Ethics
There shall be a Committee on Ethics.
287. Constitution
(1) The Chairman shall, from time to time, nominate a Committee on Ethics
consisting of ten members.
(2) The Committee nominated under sub-rule (1) shall hold office until a
new Committee is nominated.
(3) Casual vacancies in the Committee shall be filled by the Chairman.
288. Chairman of Committee
(1) The Chairman of the Committee shall be appointed by the Chairman
from amongst the members of the Committee.
(2) If the Chairman of the Committee is for any reason unable to act, the
Chairman may similarly appoint another Chairman of the Committee in his place.
(3) If the Chairman of the Committee is absent from any meeting, the
Committee shall choose another member to act as Chairman of the Committee
for that meeting.
289. Quorum
The quorum of the Committee shall be five.
290. Functions
The Committee shall have the following functions, namely:
(a) to oversee the moral and ethical conduct of members;
(b) to prepare a Code of Conduct for members and to suggest
amendments or additions to the Code from time to time in the form
of reports to the Council;
1
Added by R.S. Bn. (II) dated 20.7.2000 para 41502
COMMITTEE ON ETHICS 99
(9) The Committee shall not take up any matter which is sub judice and the
decision of the Committee as to whether such matter is or is not sub judice shall
for the purposes of this rule be treated as final.
296. Procedure for inquiry
(1) If the Committee is satisfied that the complaint is in proper form and the
matter is within its jurisdiction, it may take up the matter for preliminary inquiry.
(2) After the preliminary inquiry, if the Committee is of the opinion that
there is no prima facie case, the matter may be dropped.
(3) If a complaint is found to be false or vexatious, or made in bad faith,
the matter may also be taken up as an issue of breach of parliamentary privilege.
(4) If the Committee is of the opinion that there is a prima facie case, the
matter shall be taken up by the Committee for examination and report.
(5) The Committee may frame rules from time to time to give effect to its
mandate and for conducting inquiries either by itself or by any official acting
under its authority.
(6) The Committee shall ordinarily hold its meetings in camera.
297. Sanctions
Where it has been found that a member has indulged in unethical behaviour
or that there is other misconduct or that the member has contravened the Code/
Rules, the Committee may recommend the imposition of one or more of the
following sanctions viz. :
(a) censure;
(b) reprimand;
(c) suspension from the House for a specific period; and
(d) any other sanction determined by the Committee to be appropriate.
298. Presentation of report
The Report of the Committee shall be presented to the Council by the
Chairman of the Committee or in his absence by any member of the Committee.
299. Motion for consideration of report
As soon as may be, after a report has been presented, a motion in the name
of the Chairman of the Committee or any member of the Committee may be put
down that the report be taken into consideration.
102 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
103
104
FIRST SCHEDULE
Form of Petition
(See rule 139)
To
THE COUNCIL OF STATES (RAJYA SABHA)
The petition of .........................................................................................(Here
insert name and designation or description of petitioner(s) in concise
form, e.g. ................................................................"A. B. and other" or "the
inhabitants of............................................................."or "the Municipality
of.................................................................................................." etc.).
Sheweth
(Here insert concise statement of case)
and accordingly your petitioner(s) pray that .......................................
(Here insert "that the Bill be or be not proceeded with" or "that special
provision be made in the Bill to meet the case of your petitioner(s) or any
other appropriate prayer regarding the Bill or matter pending before the
Council or a matter of general public interest").
............................
Counter-Signature of Member presenting
105
SECOND SCHEDULE
Form of intimation regarding arrest, detention, conviction or release, as the
case may be, of a Member
(See rules 222A, 222B and 222C)
Place......
Date ......
To
THE CHAIRMAN,
RAJYA SABHA,
NEW DELHI.
Sir,
A
I have the honour to inform you that I have found it my duty, in the
exercise of my powers conferred under Section........................................of
the................................................................... (Act), to direct that
Shri............................................................, Member of the Rajya Sabha, be
arrested/detained for ......................................................................................
(reasons for the arrest or detention, as the case may be).
Shri ........................................ M.P., 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 Shri......................, Member of the
Rajya Sabha, was tried at the....................... Court before me on a charge (or
charges) of.........................................
(reasons for the conviction).
SECOND SCHEDULE 107
Yours faithfully,
Part I
1. Committee on Commerce Commerce and Industry
2. Committee on Home Affairs (1) Home Affairs
(2) Development of North-
Eastern Region
3. Committee on Human Resource (1) Human Resource
Development Development
(2) Youth Affairs and Sports
(3) Women and Child
Development
4. Committee on Industry (1) Heavy Industries and
Public Enterprises
(2) Micro, Small and Medium
Enterprises
5. Committee on Science and (1) Science and Technology
Technology, Environment and (2) Space
Forests (3) Earth Sciences
(4) Atomic Energy
(5) Environment and Forests
6. Committee on Transport, (1) Civil Aviation
Tourism and Culture (2) Road Transport and
Highways
(3) Shipping
(4) Culture
(5) Tourism
THIRD SCHEDULE 109
ABSENCE OF MEMBERS :
from sittings/meetings of Select Committee, [R.75], p. 28
from sittings of Council :
application for leave of, [R. 214(1)], p. 76
application of, to be read out to Council, [R. 214(2)], p. 76
communication of decision of Council to member, [R. 214(4)], p. 76
no discussion on application for leave of, [R. 214(3)], p. 76
Secretary-General to communicate decision to member, [R. 214(4)], p. 76
ABSENT MEMBERS :
discharge of, from Select Committee, [R. 75], p. 28
ADDRESS BY PRESIDENT TO HOUSES:
allotment of time for discussion on, [R. 14], p. 7
Motion of Thanks on, [R. 15], p. 7
amendments to, [R. 16], p. 7
Governments right of reply to the debate on, [R. 18], p. 8
scope of discussion on, [R. 15], p. 7
time-limit for speeches, [R. 19], p. 8
other business that may be taken up on a day allotted for discussion on, [R.17(1)],
p.7
postponement of discussion on, in favour of Government Bill, [R. 17 (2)], p. 7
under article 86(1) of Constitution:
allotment of time for discussion on, [R. 20], p. 8
ADJOURNMENT :
of Council in case of grave disorder, [R. 257], p. 90
of debate on a Bill, [R. 117], p. 39
of debate on a motion, [R. 230], p. 82
113
114 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
LIST OF :
business not included in, not to be transacted, [R. 29(2)], p. 12
business not to be set down in, before expiration of notice period, [R. 29(3)],
p. 12
business requiring notice when to be included in, [R. 29(3)], p. 12
circulation of, to members, [R. 29(1)], p. 12
pending before Committee not to lapse on prorogation of Council, [R. 226],
p. 81
Private Members :
allocation of time for, by Business Advisory Committee, [R. 33(1)], p. 13
allotment of time for, by Chairman, [R. 24], p. 9
not more than five resolutions to be set down for discussion for day allotted
for, [R. 29(4)], p. 12
outstanding, at the end of day, [R. 27], p. 11
precedence of, [R. 25-26], pp. 9-11
resumption of adjourned debate on, [R. 28], p. 11
right of speech not to be used for obstructing, [R. 238(viii)], p. 84
suspension of a member for willfully obstructing, [R. 256(1)], p. 90
BUSINESS ADVISORY COMMITTEE :
allocation of time Order:
amendments to, [R. 35], p. 13
disposal of outstanding matters in accordance with, [R. 36], p. 14
motion in respect of, [R. 35], p. 13
notification of, in Bulletin, [R. 34], p. 13
variation in, [R. 37], p. 14
casual vacancies, in, [R. 31], p. 14
Chairman, to be Chairman of, [R. 30(1)], p. 12
constitution of, [R. 30]. p. 12
function of, [R. 33], p. 13
quorum of, [R. 32], p. 13
report of, [R. 34], p. 13
CALLING ATTENTION :
member to call attention with the previous permission of Chairman, [R. 180(1)],
p. 55
122 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
Minister to make a statement or ask for time to make it in response to, [R. 180(1)],
p. 55
no debate at the time a statement is made on, [R. 180(2)], p. 55
not more than one matter to be raised at the same sitting, [R. 180(3)], p. 55
not more than two notices to be given by member for any one sitting, [R. 180(3)],
p. 55
priority to more urgent and important matter in regard to more than one,
[R. 180(4)], p. 55
statement by Minister in response to, [R. 180(1)], p. 60 time for raising of,
[R. 180(5)], p. 55
CHAIRMAN :
authentication of Bills by, [R. 135], p. 43
consent of, presentation of petition, [R. 137], p. 44
definition of, [R. 2(1)], p. 1
leave of, for transaction of business not included in list of business for the day,
[R. 29(2)], p. 12
members not to leave seats when, rises, [R. 33], p. 13
members to speak when called by, [R. 236], p. 84
power of a member presiding in the absence of, [R. 9], p. 5
powers of :
residuary, [R. 266], p. 91
to adjourn Council or suspend sitting on grave disorder, [R. 257], p. 90
to allot :
two and a half hours of any day other than Friday for private members
business, [R. 24], p. 9
two and a half hours of Friday for different classes of business, [R. 24],
p. 9
Half-an-hour for raising half-an-hour discussion, [R. 60(1)], p. 22
time for consideration of Money Bills, [R. 186(2)], p. 59
time for discussion on Presidents Address, [R. 1420], pp. 7-8
INDEX 123
to allow :
amendment to a Bill, resolution or motion to be moved without proper
notice, [R. 95, 160(2), 232], pp. 34, 49, 83
motion after introduction of Bills even if copies of Bills not made available
to members two days in advance, [R. 69], p. 26
motion for consideration of a Bill after its circulation for eliciting opinion,
[R. 70(3)], p. 27
motion for consideration of report of Select Committee if copy of report
not made available for use of members for two days, [R. 93], p. 33
motion for leave to introduce a private members Bill at shorter notice,
[R. 62(3)], p. 24
motion for passing Bill amended on the same day, [R. 109(2)] p. 42
to amend a notice, [R. 227], p. 82
to appoint:
Chairman of Select Committee, [R. 73(1)], p. 27
date of commencement of rules, [R. 1(2)], p. 1
day for resumption of postponed discussion on Presidents Address,
[R.17(2)], p. 7
to assign other functions to Business Advisory Committee, [R. 33(3)],
p. 13
to be Chairman of :
Business Advisory Committee, [R. 30(1)], p. 12
Rules Committee, [R. 217(1)], p. 77
to call, upon a member to give explanation of the object of amendment,
[R. 233(2)], p. 87
to correct patent errors and make consequential changes in Bills, [R. 108],
p. 37
to decide :
about sitting of Select Committee outside precincts of the Parliament House,
[R. 81], p. 29
admissibility of :
half-an-hour discussion notices, [R. 60(3)], p. 22
124 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
CIRCULATION :
of Bills for eliciting opinion, [R. 70(3)], p. 27
CLAUSES :
clause one and enacting formula, [R. 107], p. 37
postponement of consideration of, [R. 105], p. 37
power of Chairman to select new [R. 99], p. 36
CLOSURE :
limitation of debate on a Bill and its, [R. 245], p. 87
motion for, how made and put, [R. 244], p. 86
COMMENCEMENT :
of rules, [R. 1], p. 1
of sittings of Council, [R. 11], p. 6
COMMITTEE(S) :
Business pending before, not to lapse on prorogation of Council, [R. 226],
pp. 81-88
COMMITTEE ON ETHICS :
Chairman of, [R. 288], p. 98
constitution of, [R. 287], p. 98
declaration of interests [R. 294], p. 100
functions, (R. 290], p. 98
information to be furnished by members, [R. 292], p. 99
motion for consideration of report, [R. 299], p. 101
power of Chairman to refer a question of ethical, [R. 303], p. 102
power to take evidence, [R. 291], p. 98
presentation of report, [R. 298], p. 101
procedure for making complaint, [R. 295], p. 100
quorum, [R. 289], p. 98
register of members interests, [R. 293], p. 99
regulation of procedure, [R. 302], p. 102
sanction, [R. 297], p. 101
Department-related Parliamentary Standing Committees:
applicability of rules relating to select committee on Bills, [R. 276], p. 95
INDEX 129
report of :
consideration of, [R. 220], p. 78
laying on the Table, [R. 219], p. 78
on Subordinate Legislation :
Chairman of, [R. 206], p. 65
constitution of, [R. 205], p. 65
duties of, [R. 204, 209], pp. 65-66
evidence before, [R. 208], p. 66
functions of, [R. 204], p. 65
quorum of, [R. 207], p. 65
regulation of procedure of, [R. 212], p. 67
report of, [R. 210-211], p. 67
Select :
(See under BILLS)
COMMUNICATIONS :
from Council to President, [R. 222], p. 79
from President to Council, [R. 221], p. 79
mode of, communication of, recommendation or previous sanction of President,
[R. 234], p. 83
of Presidents sanction or recommendation in respect of Bills, [R. 63], p. 24
CONSTITUTION :
allotment of time for discussion of matters referred to in the Presidents Address
under article 87(1) of, [R. 14], p. 7
allotment of time for discussion of matters referred to in the Presidents Address
under article 86(1) of, [R. 20], p. 8
categorization of business as financial business under, [R. 184], p. 58
definition of, [R. 2(1)], p. 1
meaning of words used in, [R. 2(2)], p. 2
message from President under article 86(2) of, [R. 21], p. 8
oath or affirmation by a members under, [R. 5], p. 3
permission by member to remain absent from meetings of Council under article
101(4) of, [R. 214], p. 75
provision regarding, financial Bills referred to in article 117 (1) of, [R. 185], p. 59
132 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
termination of proceedings re. Money Bill under, if introduced, [R. 186(7), (8)],
p. 60
COUNCIL OF STATES :
adjournment of sitting, in case of grave disorder in, [R. 257], p. 90
admission of officers of the House to, [R. 263], p. 91
admission of strangers to, [R. 264], p. 58
budget, presentation of, to, [R. 181(1)], p. 58
business pending before Committees not to lapse on prorogation of, [R. 226],
p. 81
commencement of sitting of, [R. 11], p. 6
communication from, to President, [R. 222], p. 79
communication from President to, [R. 221], p. 79
conclusion of sitting of, [R. 13], p. 6
consideration of matters, referred to in Presidents message, [R. 21], p. 8
definition of, [R. 2(1)], p. 1
disagreement of, with the House, [R. 116, 133], pp. 39 and 42
discussion of matters referred to in Address, by, [R. 15], p. 7
expunction of words from debates of, [R. 261-262], p. 91
leave of absence of member, [R. 214], p. 76
mode of addressing, by members, [R. 237], p. 84
precincts of, definition of, [R. 2(1)], p. 1
report of proceedings of, [R. 260], p. 91
resignation of seats in, [R 213], p. 75
sitting of, [R. 12], p. 6
sitting of, when duly constituted, [R. 10], p. 6
suspension of a member from service of, [R. 256], p. 90
taking sense of, for time-limit of speeches on Motion of Thanks, [R. 19], p. 8
withdrawal of a member from, [R. 255], p. 90
DEBATE :
adjournment of, on a Bill [R. 117], p. 39
adjournment of, on a motion, [R. 230], p. 82
adjournment of, on Presidents Address, [R. 17(2)], p. 7
INDEX 133
to be a member of:
Business Advisory Committee, [R. 30(1)], p. 12
Committee on Rules, [R. 217(1)], p. 77
Vice-Chairman to preside in the absence of, [R. 8(1)], p. 4
DILATORY MOTIONS :
(See under MOTIONS)
DISAGREEMENT BETWEEN HOUSES :
on Bills originating in Council, [R. 112-116], pp. 38-39
on Bills originating in House, [R. 128-134], pp. 41-42
DISORDER :
Chairmans powers in cases of, [R. 257], p. 90
DIVISION :
by going into the Lobbies, [R. 254], p. 89
by operating automatic vote recorder, [R. 253], p. 88
procedure regarding, [R. 252-253], p. 88
sitting of Select Committee to be suspended in the event of, [R. 80], p. 29
DRAW OF LOT:
in respect of adjourned private members business, [R. 28], p. 11
in respect of half-an-hour discussion notices, [R. 60(4)], pp. 22-23
in respect of outstanding private members business, [R. 27], p. 11
in respect of private members Bills, [R. 25], pp. 9-11
in respect of private members resolutions, [R. 26, 154], pp. 11 and 48
ELECTION OF DEPUTY CHAIRMAN: [R. 7], p. 4
ELECTION COMMISSION:
copy of notification of resignation to be forwarded to, for filling the vacancy,
[R. 213(6)], pp. 75-76
copy of notification regarding vacation of a seat in Council to be forwarded to, for
filling the vacancy, [R. 215(2)], p. 76
EVIDENCE :
before Committee of Privileges, [R. 196], p. 63
before Committee on Government Assurances, [R. 212E], p. 69
before Committee on Papers Laid on the Table, [R. 212L], p. 71
before Committee on Subordinate Legislation, [R. 208], p. 66
INDEX 135
GAZETTE :
definition of, [R. 2(1)], p. 1
Publication in :
of Bills, [R. 61, 68], pp. 24 and 26
of notification regarding vacation of seat by a member, [R. 213(6)],
pp. 75-76
of notification regarding vacation of seat by a member, [R. 215(2)], p. 76
of report of and Bills as reported by Select Committee, [R. 92], p. 33
GENERAL RULES OF PROCEDURE :
business pending before Committee not to be lapse on prorogation of Council,
[R. 226], p. 81
circulation of notices, [R. 224], p. 81
dilatory motion, [R. 230], p. 82
lapsing of pending notices on prorogation of Council, [R. 225], p. 81
notice of amendment, [R. 232], p. 83
notices by members, [R. 223], p. 81
power of Chairman to amend notices, [R. 227], p. 82
repetition of motion, [R. 228], p. 82
scope of amendments, [R. 231], p. 82
selection of amendments, [R. 233], p. 83
withdrawal of motion, [R. 229], p. 82
GOVERNMENT BUSINESS :
(See under BUSINESS)
GOVERNMENT ASSURANCE :
Committee on,
(See under COMMITTEES)
GOVERNMENT (OF INDIA) :
Annual Financial Statement or the Statement of the estimated receipts and
expenditure of the, [R. 181(1)], p. 58
no petition on matters not concern of, [R. 138(iii)(b)], p. 44
power of, to decline to produce a document in Committees, [R. 84], p. 30
[R. 196(1)], p. 63, [R. 208(1)], p. 66, [R. 212E], p. 69, [R. 212L], p. 71
INDEX 137
HALF-AN-HOUR DISCUSSION(S):
Admissibility of, [R. 60(3)], p. 22
allotment of time for, [R. 60(1)], p. 22
ballot for notices of, [R. 60(4)], pp. 22-23
initiation of, [R. 60(5)], p. 23
no formal motion or voting on, [R. 60(5)], p. 23
notice of, [R. 60(2)], p. 22
HOUSE(S) :
admission of officers of, to council, [R. 263], p. 91
definition of, [R. 2(1)], p. 1
disagreement between, on Bills, [R. 113, 116], pp. 38-39
HOUSES OF PARLIAMENT (JOINT SITTINGS AND COMMUNICATION):
INTRODUCTION OF BILLS:
(See under BILLS )
IRRELEVANCE/REPETITION:
of speeches in debates, [R. 240], p. 85
JOINT COMMITTEE:
reference of a Bill to, [R. 69(iii)], p. 26
LEADER OF THE COUNCIL :
allotment of two and a half hours on a day other than Friday for private members
business in consultation with, [R. 24], p. 9
allotment of day(s) for consideration and return of money Bill in consultation
with [R. 186(2)], p. 59
allotment of time for discussion of Presidents Address in consultation with,
[R. 14, 20], pp. 7 and 8
allotment of time for discussion on motions on matters of public interest in
consultation with, [R. 172], p. 52
arrangement of Government business in consultation with [R. 23], p. 9
definition of, [R. 2(1)], p. 1
fixing date for short duration discussion in consultation with, [R. 177], p. 54
motion to declare seat vacant in Council to be moved by, [R. 215(l)], p. 76
138 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
MESSAGE(S) :
from Council to House, [R. 111, 115, 127, 132, 133, 186(6)], pp. 38, 39, 41 and
42
from Council to President, [R. 222], p. 79
from House to Council, [R. 116], p. 39
from President to Council, [R. 21, 221], pp. 8 and 30
MINISTER(S) :
definition of, [R. 2(1)], p. 1
agreement of, to reply to short notice question, [R. 38], p. 15
calling of information from, in regard to notice of short duration discussion,
[R. 177], p. 54
consent of, for waiving notice of half-an-hour discussion, [R. 60(2)], p. 22
copy of resolution passed to be sent to, [R. 166], p. 50
Finance definition of, [R. 2(1)], p. 1
meeting of Select Committee on Bills in consultation with, if Chairman of Select
Committee not available, [R. 79], p. 29
notice of amendment given by not to lapse if he ceases to be, [R. 95(1)], p. 34
orders of President granting or withholding sanction or recommendation in respect
of Bills to be communicated to Secretary-General by, [R. 63], p. 24
papers quoted by, to be laid on the Table, [R. 249], p. 87
right of, to address a Select Committee, [R. 76], p. 28
right of reply by, to Motion of Thanks on Presidents Address, [R. 18], p. 8
right to reply by finance, on Budget discussion, [R. 181], p. 58
sanction etc. of President to be conveyed through, [R. 62(2), 97], p. 24
statement by, on a matter of public importance, [R. 251], p. 88
INDEX 141
to make brief statement or ask time to make it, in response to calling attention,
[R. 180(1)], p. 58
to reply shortly to half-an-hour discussion, [R. 60(5)], p. 22
to reply shortly to short duration discussion, [R. 178], p. 54
MINUTES OF DISSENT :
to reports of Select Committee, [R. 90(6), 91(1)], pp. 32-33
MONEY BILLS :
(See under BILLS)
MOTION(S) :
adjournment of Debate on, [R. 230(1)], p. 82
allocation of time proposed by Business Advisory Committee to be agreed by,
[R. 35], p. 13
amendments to, [R. 232)], p. 83
amendments to, of Thanks, [R. 16], p. 7
closure, [R. 244], p. 86
dilatory, [R. 230], p. 82
discussion on a matter of public interest only by, [R. 167], p. 51
for adjournment of discussion on Presidents Address, [R. 17(2)], p. 7
for discharge of member absent from meetings of Select Committee, [R. 75],
p. 28
for election of Deputy Chairman, [R. 7], p. 4
for reference of a Bill to Select Committee, [R. 69-72], pp. 26-27
for suspension of a member, [R. 256], p. 90
for suspension of rules, [R. 267], p. 92
half-an-hour discussion without a formal, [R. 60(5)], p. 22
in respect of Bills, [R. 69-71], pp. 26-27
limitation of debate on, [R. 245], p. 87
of Thanks on the Presidents Address, [R. 15], p. 7
on Matters of Public Interest :
allotment of time for discussion of, [R. 172], p. 52
conditions of admissibility of, [R. 169], p. 51
decision of Council on, [R. 173], p. 53
142 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
NOTICE OFFICE :
notice left at, [R. 223], p. 81
OATH OR AFFIRMATION BY MEMBERS: [R. 5], p. 3
OPINION ON BILL:
amendment to motion for consideration of Bill for eliciting, [R. 70(2)], p. 26
by whom a motion for circulation of Bill for eliciting may be made, [R. 71],
p. 27
motion for circulation of Bill for eliciting, [R. 69(iv)], p. 26
reference of Bill to Select/Joint Committee after circulation of Bill for eliciting,
[R. 70(3)], p. 26
ORDER OF COUNCIL : [R. 35], p. 13
ORDER OF SPEECHES :
(See under DEBATES)
ORDINANCES:
statement in connection with, [R. 66], p. 25
OUTSTANDING BUSINESS :
private members, [R. 27], p. 11
PANEL OF VICE-CHAIRMEN :
nomination of, [R. 8(1)], p. 4
term of office of, [R. 8(2)], p. 5
PAPERS :
circulation of, [R. 224], p. 81
Committee on, Laid on the Table, [R. 212H-212O], pp. 70-72
(See under COMMITTEES)
laid on the Table to be treated as public, [R. 250], p. 87
not to be laid on the Table on grounds of public interest, [R. 249], p.87
quoted to be laid on the Table, [R. 249], p. 87
restriction on raising matters in council about papers laid, [R. 212O], p. 72
PAPERS LAID ON THE TABLE :
(See under COMMITTEES)
PARLIAMENT HOUSE :
sittings of Select Committee within, [R. 81], p. 29
144 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
PERSONAL EXPLANATION :
by members, [R. 241], p. 85
PERSON IN HIGH AUTHORITY :
definition of, [R. 238], p. 84
PETITION(S) :
addressing of, to Council, [R. 143], p. 45
authentication of signatories to, [R. 140], p. 45
Committee on, [R. 147-149, 152, 153], pp. 46-47
(See also under COMMITTEES)
counter signature to, [R. 142], p. 45
documents not to be attached to, [R. 141], p. 45
examination and circulation of, [R. 151], p. 46
form of, [R. 139], p. 44
form of presentation of, [R. 146], p. 45
language of, [R. 139(2), (3)], p. 44
notice of presentation of, [R. 144], p. 45
no debate on, [R. 145, 146], p. 45
on Bills, [R. 138(i)], p. 44
on matter connected with business pending before Council, [R. 138(ii)], p. 44
on matter of general public interest, [R. 138(iii)], p. 44
prayer in [R. 143], p. 45
presentation of, [R. 137, 145], pp. 44-45
reference to committee on, [R. 150], p. 46
scope of, [R. 138], p. 44
Points of Order, [R. 258], p. 90
PRECEDENCE :
of private members Bills, [R. 25], p. 9
of private members business, [R. 27], p. 11
of private members resolutions, [R. 26], p. 11
PRECINCTS OF COUNCIL :
definition of, [R. 2(l)], p. 1
member suspended to quit, [R. 256(3)], p. 90
INDEX 145
SESSION OF COUNCIL :
called at short notice, [R. 3(2)], p. 3
issue of summons for a, [R. 3(1)], p. 3
prorogation of :
effect on pending notices, [R. 225], p. 81
resolution moved during, moving of similar resolution within one year
prohibited, [R. 165(1)], p. 50
resolution not discussed during to be deemed withdrawn, [R. 163(3)],
p. 50
resolution withdrawn by leave during, moving of similar resolution during
same prohibited, [R. 165(2)], p. 50
summons to members for, [R. 31], p. 13
INDEX 153
SPECIAL MENTIONS :
admissibility, conditions of, [R. 180B], p. 56
notice of, [R. 180A], p. 55
restriction of number of, [R. 180C], p. 56
time for tabling notices of, [R. 180C], p. 56
members to associate, [R. 180E], p. 57
SPEECHES :
Chairmans power to prescribe time-limit for, on Motion of Thanks, [R. 19], p. 8
irrelevance or repetition of, [R. 240], p. 85
members to speak when called by Chairman, [R. 236], p. 84
not permitted, after voices collected on a question for decision, [R. 248], p. 87
order of, and right of reply, [R. 242], p. 86
rules to be observed while speaking, [R. 238], p. 84
timelimit of, on resolutions, [R. 161], p. 49
to be addressed to the Chair, [R. 237], p. 84
STATEMENT(S):
by a member initiating half-an-hour discussion, [R. 60(5)], p. 23
by a Minister on a matter of public importance, [R. 251], p. 88
in connection with Ordinances, [R. 66], p. 25
of Objects and Reasons in a Bill, [R. 61, 62], p. 24
STATE PAPER : [R. 249], p. 87
STRANGERS :
admission of, to Council, [R. 264], p. 91
withdrawal of, from Council, [R. 265], p. 91
SUB-COMMITTEE OF SELECT COMMITTEE: [R. 78], p. 29
SUBORDINATE LEGISLATION :
(See underCOMMITTEES)
memorandum to Bills on delegated legislation, [R. 65], p. 25
SUMMONS :
to members of Council, [R. 3], p. 3
to a witness in Select Committee, [R. 84(2)], p. 30
SUPPLEMENTARY QUESTION :
(See under QUESTION )
INDEX 155
SUSPENSION :
of Members, [R. 256], p. 90
of rules, [R. 267], p. 92
of meetings of Select Committee on Bills for want of quorum, [R. 74(2)], p. 28
of meetings of Select Committee on Bills in the event of division, [R. 80], p. 29
of rules by Chairman in regard to consideration of Message of President, [R. 21],
p. 8
of sitting of Council, [R. 257], p. 90
TABLE :
Calling attention to be taken up after laying of papers on the, [R. 180(5)], p. 55
Definition of, [R. 2(1)], p. 1
laying on the, of :
Bill further amended by the House, [R. 129], p. 41
Bill returned by House with amendment, [R. 112], p. 38
Bill transmitted by House, [R. 121], p. 40
evidence of Select Committee, [R. 86], p. 31
Money Bill, [R. 186(1)], p. 59
papers quoted from, [R. 249], p. 87
rules, regulations, etc., [R. 209], p. 66
statement in connection with Ordinance, [R. 66], p. 25
written answers to questions not called, [R. 45], p. 16
papers laid on the, considered public, [R. 250], p. 87
papers may not be laid on the, on ground of public interest, [R. 249], p. 87
TIME-LIMIT :
for conclusion of debate, [R. 245], p. 87
on discussion on Address by President, [R. 19], p. 8
on discussion on matters of urgent public importance for short duration, [R. 179],
p. 54
on no-day-yet-named motion, [R. 174], p. 53
on resolution, [R. 161], p. 49
VACATION OF SEATS IN COUNCIL :
forwarding a copy of notification regarding, to Election Commission, [R. 215(2)],
p. 76
156 RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES
moving a motion for, under article 101 (4) of constitution, [R. 215(l)], p. 76
publication of information regarding, in Gazette, [R. 215(2)], p. 75
VENUE OF SITTINGS OF SELECT COMMITTEE : [R. 81], p. 29
VICE-CHAIRMEN :
nomination of a panel of, [R. 8(1)], p. 4
powers of, [R. 9], p. 5
term of office of, [R. 8(2)], p. 5
VOTE :
Casting, of the Chairman of the Committee on Subordinate Legislation, [R. 207(2)],
p. 65
Committee on Government Assurances, [R. 212D], p. 68
Committee on Papers Laid on the Table, [R. 212(K)], p. 71
Committee on Rules, [R. 218(2)], p. 77
Select Committee, [R. 77], p. 28
no voting on, Budget, [R. 182(l)], p. 58
half-an-hour discussion, [R. 60(5)], p. 23
short duration discussion, [R. 178], p. 54
WITHDRAWAL :
of Bill, [R. 118], p. 39
of member, [R. 255], p. 90
of motion, [R. 229], p. 82
of question, [R. 53], p. 19
of resolution/amendment to resolution, [R. 163], p. 50
of strangers, [R. 265], p. 91
WITNESS :
attendance and summoning of, before :
Committee on Government Assurances, [R. 212 E], p. 90
Committee an Papers Laid on the Table, [R, 212(L)], p. 71
Committee of Privileges, [R. 196], p. 63
Committee on Subordinate Legislation, [R. 208], p. 66
Select Committee, [R. 84], p. 30
examination of, before Select Committee, [R. 85], p. 30
GMGIPMRND1738RS316.12.2013