Direction No. 1
|
Dated the 27th August, 1957
|
|
Subject :- Points of conduct and etiquette for
the guidance of witnesses appearing before the Committee of the Legislative Assembly
and their sub-Committees.
In pursuance of the provision of rule 307 of the Rules of Procedure and Conduct
of Business in the Rajasthan Legislative Assembly, the Speaker has approved the
following points of conduct and etiquette for the guidance of witnesses appearing
before the Committees of the Legislative Assembly and their sub-Committees :-
|
| 1.
|
Due respect to the Chairman and the Committee/Sub-Committee should be shown by the
witness by bowing while taking his seat.
|
| 2.
|
The witness should take the seat earmarked for him opposite to the seat of the Chairman.
|
| 3.
|
The witness should take the oath or make affirmation, if so asked by the Chairman.
The oath or affirmation will be administered by the Secretary. The witness will
take the oath or make affirmation standing in his seat and bow to the Chair just
before taking the oath or making the affirmation and immediately afterwards.
|
| 4.
|
The witness should answer specific questions put to him either by the Chairman or
by a Member of the Committee or by any other person authorised by the Chairman.
The witness may be asked to place before the Committee any other points that have
not been covered and which a witness thinks are essential to be placed before the
Committee.
|
| 5.
|
All submissions to the Chair and the Committee should be couched in courteous and
polite language.
|
| 6.
|
When the evidence is completed and the witness is asked to withdraw, he should,
while leaving bow to the Chair.
|
| 7.
|
The witness should not smoke or chew when he is seated before the Committee.
|
| 8.
|
The following acts shall constitute breaches of privileges and contempt of Committee.
-
|
|
| (a)
|
Refusal to answer questions, unless it be on the ground that the discloser of the
information sought for would be prejudicial to the safety or interest of the State.
|
| (b)
|
Prevarication or willfully giving false evidence or suppressing the truth or misleading
the Committee.
|
| (c)
|
Trifling with the Committee, returning insulting answers.
|
| (d)
|
Destroying or damaging a material document relative to the enquiry.
|
|
Direction No. 2
|
Dated the 3rd June, 1959
|
|
Subject :- Directions by the Speaker under rule
243 of the Rules of Procedure and Conduct of Business in the Rajasthan Legislative
Assembly.
In exercise of the powers conferred upon me by rule 243 of the Rule of procedure
and conduct of Business in the Rajasthan Legislative Assembly, I issue the following
directions for regulating the procedure in connection with the matters connected
with the consideration of any question of subordinate legislation either in the
Committee or in the House.
|
| 1.
|
Scope of the Committee :
|
|
| (a)
|
The Committee on Subordinate Legislative may examine all ‘orders’ whether
laid on the Table of the House or not, framed in pursuance of the provisions of
the Constitution or a statute delegating power to subordinate authority to make
such orders.
|
| (b)
|
The Committee may examine provisions of Bills which seek to-
|
|
| (i)
|
delegate powers to make ‘orders’, or
|
| (ii)
|
amend earlier Acts delegating such powers with a view to see whether suitable provisions
for the laying of the ‘orders’ on the Table of the House have been made
therein.
|
|
| (c)
|
The Committee may examine any other matter relating to an ‘order’ or
any question of subordinate legislation arising therefrom.
|
|
| 2.
|
Examination of Bills referred to Committee by Speaker :
|
|
| (a)
|
The Speaker may also refer Bills containing provisions for delegation of Legislative
powers to the Committee and where a Bill is so referred ; the Committee shall examine
-
|
|
| (i)
|
the extent of such powers sought to be delegated and
|
| (ii)
|
where powers are sought to be delegated by the State Government to other authorities
for bringing into operation any subsidiary provisions or to make any further rules
or regulations, the necessity for such delegation as well as the extent and manner
in which such powers shall be exercised by the subordinate authorities concerned.
|
|
| (b)
|
Where the Committee is of opinion that the provisions contained in the Bill, delegating
legislative powers should be annulled wholly or in part, or should be amended in
any respect, it may report that opinion and the grounds thereof to the House before
the Bill is taken up for consideration in the House.
|
|
| 3.
|
Supply of material by departments or other authorities :
|
|
|
A department or other authority may be required to supply, for the use of the 'Committee'
a sufficient number of copies of the following documents, namely :-
|
|
| (i)
|
statutory and constitutional ‘orders’.
|
| (ii)
|
Amendments to such ‘orders’.
|
| (ii)
|
Re-printed editions of such ‘orders’ as and when they are re-printed.
|
|
|
| 4.
|
Procedure for examination :
|
|
| (a)
|
|
|
| (i)
|
after an ‘order’ is published in the Gazette, it shall be examined by
the Assembly Secretariat to determine whether it is required to be brought to the
notice of the Committee on any of the grounds laid down in rule 241, or in accordance
with any practice of direction of the Committee.
|
| (ii)
|
After a Bill is introduced it shall be examined by the Assembly Secretariat to determine
whether it is required to be brought to the notice of the Committee on the ground
laid down in the direction.
|
|
| (b)
|
If, in the course of examination of an ‘order’ it is considered necessary
to seek any clarification regarding any point, it shall be referred to the Department
concerned and the matter, if necessary, re-examined in the light of such reply.
|
| (c)
|
If, after examination of ‘order’, a Bill or any other matter, it is
considered necessary to bring any point or points to the notice of the Committee
a self-contained memorandum shall be prepared on the subject and after the approval
of the Chairman, placed before the Committee.
|
|
| 5.
|
Circulation of Memoranda :
|
|
|
The approved memorandum together with copies or extracts of the relevant ‘order’
wherever necessary, may, time permitting, be circulated to members of the Committee
in advance.
|
|
| 6.
|
Presentation of other documents with report :
|
|
|
Alongwith the Report, the following documents may also be presented to the House
:-
|
|
| (i)
|
Summary of recommendations made in the Report.
|
| (ii)
|
Relevant portions of the minutes of the sittings at which the matters referred to
in the Report were considered.
|
| (ii)
|
Such other material as may be considered necessary.
|
|
|
| 7.
|
Recommendation of the Committee :
|
|
| (a)
|
The Departments of the Government shall be required to furnish from time to time
to the Assembly Secretariat, statements of action taken or proposed to be taken
by them on the recommendations made by the Committee in their reports and on the
assurances given by the Departments in the course of their correspondence with the
Committee. The information so received shall be placed before the Committee in the
form of a memorandum with the approval of the Chairman.
|
| (b)
|
In cases where any Department of the Government is not in a position to implement,
or feels any difficulty in giving effect to, a recommendation made by the Committee,
the Department shall place its views before the Committee which may, if it thinks
fit, present a further report to the House after considering the views of the department
in the matter.
|
|
Direction No. 3
|
Dated the 21st July, 1961
|
|
Subject :- Directions by the Speaker under the
Rules of Procedure and Conduct of Business in the Rajasthan Legislative Assembly.
In exercise of the powers conferred upon me under rule 307 of the Rules of Procedure
and conduct of business in the Rajasthan Legislative Assembly. I issue the following
direction regarding presentation of a report of a Committee to the Speaker under
rule 205 :-
|
|
"Presentation of a Report of a Committee to the Speaker under rule 205.
|
| 1.
|
Ordinarily the report of a Committee shall be presented to the House; but in case
the Committee complete their report when the House is not in session, the Chairman
of the Committee may present it to the Speaker.
|
| 2.
|
The Speaker may under the provision of rule 205 order the printing, publication
or circulation of the report before it is presented to the House.
|
| 3.
|
Where a report is presented to the Speaker or where its printing, publication or
circulation have been ordered by the Speaker, the fact shall be notified in the
Bulletin.
|
| 4.
|
The Speaker may, if so requested by the Committee, direct that matters of factual
nature, or patent errors may be corrected in the report presented to him by a Committee,
before the report is printed, published or circulated and later presented to the
House.
|
| 5.
|
The report shall be presented to the House during the next session at the first
convenient opportunity by the Chairman or in his absence by a member of the Committee.
While presenting the report, the Chairman or in his absence the Member presenting
the report shall confine himself to a brief statement to the effect that the report
was presented to the Speaker when the House was not in session and that orders for
its printing, publication or circulation were given by the Speaker under rule 205.
|
| 6.
|
Where the Assembly is dissolved after the presentation of the report to the Speaker,
and before the presentation of the report to the House, the report shall be laid
by the Secretary on the Table of the New House at the first convenient opportunity.
While laying the report, the Secretary shall make a statement to the effect that
the report was presented to the Speaker of the Preceding Assembly before its dissolution
and where it was ordered by the Speaker to be printed, published or circulated under
rule 205, the Secretary shall also report that fact to the House."
|
Direction No. 5
|
Dated the 14th March, 1964
|
|
Subject :- Directions by the Speaker under the
Rules of Procedure and Conduct of Business in the Rajasthan Legislative Assembly.
In exercise of powers conferred upon him under rule 307 of the Rules of Procedure
and conduct of Business in the Rajasthan Legislative Assembly, Hon’ble the Speaker
has issued the following direction regarding incorrect statements made in the House
:-
|
|
PROCEDURE FOR INVITING ATTENTION OF THE HOUSE TO INCORRECT STATEMENTS MADE BY MINISTERS
OR MEMBERS :-
|
| 1.
|
A member wishing to point out any mistake or inaccuracy in statement made by a Minister
or any other member shall, before referring to the matter in the House, write to
the Speaker pointing out the particulars of the mistake or inaccuracy and seek his
permission to raise the matter in the House.
|
| 2.
|
The member may place before the Speaker such evidence as he may have in support
of his allegation.
|
| 3.
|
The Speaker may, if he thinks fit, bring the matter to the notice of the Minister
or the member concerned for the purpose of ascertaining the factual position in
regard to the allegation made.
|
| 4.
|
The Speaker may then, if he thinks it necessary, permit the member who made the
allegation to raise the matter in the House and the member so permitted shall, before
making the statement, inform the minister or the member concerned.
|
| 5.
|
The minister or the member concerned may make a statement in reply with the permission
of the Speaker and after having informed the other member concerned.
|
Direction No. 6
|
Dated the 29th June, 1966
|
|
Subject :- Direction issued by the Speaker under
rule 307 of the Rules of Procedure and Conduct of Business in the Rajasthan Legislative
Assembly.
In exercise of the powers conferred upon me by rule 307 of the Rules of Procedure
and Conduct of Business in the Rajasthan Legislative Assembly, I issue the following
directions regarding presentation of petitions to the House :-
|
| 1.
|
General form of Petitions received under rule 96
|
|
| (a)
|
As soon as a petition is received, it shall be acknowledged in the form specified
in the Schedule.
|
| (b)
|
Every petition before presentation to the House shall be examined in order to see
whether it is -
|
|
| (i)
|
in proper form.
|
| (ii)
|
couched in respectful decorous and temperate language.
|
| (iii)
|
in conformity with the rules and decisions that may be taken from time to time
|
|
| (c)
|
After the petition has been examined and is found to be generally in order, it shall
be presented to the House by the Secretary or the Member, as the case may be.
Provided that in the case of a petition on a Bill or any matter connected with the
business pending before the House, it shall be presented or reported to the House,
as soon as possible, after its receipt.
Provided further that in the case of a petition on a Bill pending before a Select
Committee, the petition may be referred to that Committee without being presented
to the House and the petitioner informed accordingly.
|
|
| 2.
|
Defective petitions to be withdrawn
|
|
If a petition, after presentation, is found defective it may be withdrawn by an
order of the Speaker and the petitioner informed accordingly.
|
| 3.
|
Grounds of inadmissibility of petitions
|
|
| (a)
|
A petition shall be rejected or returned to the petitioner if it.
|
|
| (i)
|
relates to personal or individual grievances; or
|
| (ii)
|
relates to matter specified in clause.
|
| (iii)
|
of rule 96 of the Rules of Procedure and Conduct of Business in the Rajasthan Legislative
Assembly.
|
|
| (b)
|
In case it is considered necessary to ascertain the facts from the Department concerned
in order to determine the admissibility of the petition, a reference may be made
to the Department and facts gathered or action taken by it ascertained.
|
|
Direction No. 7
|
Dated the 17th November, 1969
|
|
Subject :- Direction by the Speaker under rule
307 of the Rules of procedure and Conduct of Business in the Rajasthan Legislative
Assembly.
In exercise of the powers conferred upon me under rule 307 of the Rules of Procedure
and Conduct of Business in the Rajasthan Legislative Assembly, I issue the following
directions regarding appointment of a member of Government Committee as Chairman
or member of Committee on Estimates/Public Accounts/Public Undertakings :-
|
|
Appointment of a member of Government Committee as Chairman or member of Committee
on Estimates/Public Accounts/Public Undertakings :-
|
|
| (a)
|
Whenever a member, who is a member of a Committee constituted by Government, is
elected to the Committee on Estimates or the Committee on Public Accounts or the
Committee on Public Undertakings, the matter shall be placed before the Speaker
for deciding whether the member shall be permitted to continue his membership of
the former Committee.
|
| (b)
|
Where the Speaker considers it inappropriate that a member should continue to serve
on the Government Committee after his election to the Committee on Estimates or
the Committee on Public Accounts or the Committee on Public Undertakings, as the
case may be, the member shall, if so required by the Speaker resign membership of
the Committee constituted by Government.
|
| (c)
|
Where in the interest of Parliamentary work, the Speaker permits a member elected
to the Committee on Estimates or Public Accounts or Public Undertakings to continue
to hold the membership of a Committee constituted by the Government, he may, require
that the report of the Government Committee shall be placed before the Committee
on Estimates or Public Accounts or Public Undertakings, as the case may be, for
such comments as the latter Committee may deem fit to make before it is presented
to Government.
|
|
Direction No. 10
|
Dated the 3rd March, 1976
|
|
Subject :- Direction by the Speaker under Rule
307 of the Rules of Procedure and Conduct of Business in the Rajasthan Legislative
Assembly.
In exercise of the powers conferred upon me under rule 307 of the Rules of Procedure
and Conduct of Business in the Rajasthan Legislative Assembly, I issue the following
direction regarding consideration of petition by the Committee on Petitions :-
|
|
Committee on Petitions
|
|
| (a)
|
After the presentation of a petition to the House, The Committee on Petitions shall
meet to consider it as early as possible.
|
| (b)
|
Provided that in the case of a petition on a Bill or any matter connected with the
business pending before the House, it shall meet as soon as possible after it has
been presented or reported to the House and submit its report to the House or direct
the circulation of the petition to the members, as the case may be, well in advance
of the said Bill or matter connected with business being taken up in the House.
|
| (c)
|
Provided further that in the case of a petition received on a Bill already under
discussion in the House, the Committee shall meet to consider it immediately on
its presentation after its receipt and submit its report or direct the circulation
of the petition to the members, as the case may be, well in advance of the Bill
being disposed of by the House.
|
|
Direction No. 14
|
Dated the 11th February, 1988
|
|
Subject :- Direction regarding special mention
by the Speaker under Rule 307 of the Rules of Procedure and Conduct of Business
in Rajasthan Legislative Assembly.
In exercise of the powers conferred upon me under rule 307 of the Rules of Procedure
and Conduct of Business in the Rajasthan Legislative Assembly, I issue the following
direction regarding the Procedure for Motions under Rule 295 :-
|
|
Procedure for matters to be raised Under Rule 295
|
|
Scope
|
|
| (1)
|
Matters which fulfill the conditions hereinafter prescribed for matters of special
mention and are not which can be raised under the rules relating to questions. Short
Notice Questions, Calling Attention Motion and Points of order etc. can be raised
under Rule 295.
|
|
|
Notice
|
|
| (2)
|
Notice for raising a matter under Rule 295 is to be given in writing in triplicate
addressed to the Secretary. The text of the Statement proposed to be made should
not ordinarily exceed 500 words.
|
| (3)
|
No matter can be raised unless the Speaker has given his consent thereto and only
the approved text would go on record.
|
|
|
When to table the notice
|
|
| (4)
|
Notices for raising matters under Rule 295 can be tabled not earlier than 3 clear
days before the commencement of the session. Notices should be given by 9.30 hrs.
Notices received after 10.00 hrs on a day are deemed to have been given for the
next sitting of the House. It is, however, not necessary that notices given for
a particular day will be allowed on that very day. Generally, 12 matters are allowed
to be raised at a sitting.
|
| (5)
|
Notices received at the same point of time on a day are balloted to determine their
inter se priority.
|
|
|
Validity of notices
|
|
| (6)
|
All notices under Rule 295 are valid for the week in which those have been tabled.
Notices received up to 9.30 hrs. on the last day of the week on which the House
sits and not selected automatically lapse. However, such notices can be revived
for the following week.
|
| (7)
|
The notices for the following week can be given only after 9.30 hrs. on the last
day of the week on which the House sits and are valid for the entire following week.
|
|
|
Conditions of admissibility for matter of Special Mentions
|
|
| (8)
|
A notice to be admissible must satisfy inter-alias the following main conditions
:-
|
|
| (i)
|
It should raise substantially one definite issue.
|
| (ii)
|
It should not raise an issue which does not fall within the State Government’s jurisdiction
that is to say, State Government’s responsibility should be clearly attracted.
|
| (iii)
|
It should not contain allegations of a defamatory or incriminatory nature.
|
| (iv)
|
It should not be on a subject on which a question/Calling Attention Motion etc.
has been discussed or admitted.
|
| (v)
|
It should not raise a purely local issue or be of concern to some individual(s)
only.
|
| (vi)
|
It should not relate to a matter which it subjudice.
|
|
|
|
When raised ?
|
|
| (9)
|
A Copy of the text as approved by the Speaker is provided to the Member on the day
on which he is allowed to raise the matter. The item is not included in the List
of Business. However, it is generally taken up after Calling Attention. On days
when there is no Calling attention on the agenda, the item is taken up immediately
after papers have been laid and Bills, if any, introduced
|
|
|
Limit on raising matters
|
|
| (10)
|
A member can ordinarily raise only one matter during a week under Rule 295. In the
opinion of the Speaker if a matter is of Special public importance, a member can
be permitted to raise at the most two matters in a week.
|
| (11)
|
Normally, Minister do not make statements on matters raised under Rule 295. However,
if a Minister so desires, he may make a statements on the subject with the permission
of the Speaker. The Minister will write to the Members ordinarily within a week
with regard to matters raised by them under Rule 295, informing them of Government’s
views and/or action taken in the matter. A copy of Government’s Views and/or action
taken in the matter will also be sent to the Assembly Secretariat. Further clarifications,
if any, may be obtained by Members directly from the Minister/Department concerned.
The general purposes Committee will scrutinize the action taken by Government and
report to the House.
|
|
Direction No. 15 (as amended)
|
(Amended as per the first report of the Rules Committee, 1990-91)
|
Dated the 10th May, 1991
|
|
Subject :- Regulation of Procedure for asking
and answering of questions.
In exercise of the powers conferred upon me under rule 307 of the Rules of Procedure
and Conduct of Business, I do hereby amend the existing direction No. 15 for regulating
the Procedure in connection with asking and answering of questions as follows :-
|
| 1.
|
Members should mark their priority on every questions given notice of. The priority
will be in continuity for all questions given notice of by the members. The separate
priority according to departments & ministers should not be marked. In case member
do not mark priority, the priority will be treated as per priority of the receipt
of questions in the Assembly Secretariat.
|
| 2.
|
Three separate registers will be maintained in Assembly Secretariat for starred
& unstarred questions. These three registers will be Questionwise Register, Memberwise
Register and Departmentwise Register.
|
| 3.
|
After making necessary entry in the register, the question will be scrutinized in
order to judge their admissibility and all starred/unstarred questions shall be
sent to the State Government.
|
| 4.
|
As far as possible maximum 50 questions may be entered in the every day’s starred
questions list and in the list of unstarred questions maximum 100 questions may
be enlisted.
|
| 5.
|
Not more than one question of a member will be entered in the list of starred questions
for a day. This limitation will, however, not be binding in case a postponed question
of the same member is enlisted on that day’s question list. Not more than four questions
of a member will be entered in the list of unstarred questions for a day.
|
| 6.
|
Relative precedence of questions for entry in the list of starred questions will
be determined by draw of ballot of the name of member.
|
| 7.
|
Ballot will be drawn fourteen clear days before the date of list of questions and
any member who desire to be present at the time of ballot may do so.
|
| 9.
|
The ballot will be drawn out of admitted questions after their scrutiny as per rules
and not before scruting as is being done in the past for some time.
|
| 10.
|
The question of the member, whose name figure in ballot pertaining to the concerned
department in order of priority marked by the member will be enlisted in questions
list. In case member has not marked priority, question according to priority of
receipt in Assembly Secretariat will be taken.
|
| 11.
|
Unstarred questions will be entered in the list of unstarred questions and in case
there is shortage of unstarred questions, starred questions may be entered in this
list - Ballot will not be drawn for this purpose but practice so far in vogue will
be followed.
|
| 12.
|
For answering of questions maximum two days in a week will be allotted for every
Minister/State Minister and there will be no Question Hour on Saturday even if there
is a sitting of the House on Saturday.
|
| 13.
|
Names of not more than three members will be kept in case of question jointly asked.
If questions are clubbed, only the names of main questioner will be kept.
|
| 14.
|
Endeavor will be to enlist during the session at least one question either in list
of starred or unstarred questions of every member who has given notice of questions.
|
| 15.
|
As far as possible final list of questions will be sent to Government at least four
days before the day the questions are to be answered.
|
| 16.
|
Government will compulsorily sent answers of starred & unstarred questions printed
in question list to Legislative Assembly Secretariat upto 5 P.M. of the day before
the day questions is to be answered. The reply should be complete and in accordance
with the sense of questions so that member should not take time in asking supplementary
question. As far as possible reply of questions stating that information is being
collected or it will take time in collecting information should not be sent.
|
| 17.
|
The questions postponed on the request of the Minister will on next related day
be enlisted at the same priority at which it stand in the question list. A question
postponed on the request of the member will be enlisted after all the balloted questions
for the day.
|
| 18.
|
Reply of every starred question will be placed in ‘Ayes’ and ‘Noes’ lobby every
day at 10.30 A.M. for the perusal of members. A copy of reply of starred question
will be made available to member concerned at 10.30 A.M
|
| 19.
|
Reply of each unstarred question will be available in question branch immediately
after twelve noon for delivery to member concerned. Replies not collected by member
concerned will be sent to his residence in the evening
|
| 20.
|
A set of reply of starred and unstarred questions for the day will be available
at the notice office immediately after question hour for perusal of press representatives.
Copy of reply of any question will not be given to any press representative.
|
| 21.
|
It shall be essential for the State Government to send replies of all the dispIt shall be essential for the State Government to send replies of all the dispatched
admitted questions whether or not these are incorporated in the list of starred/unstarred
question to the member/members concerned within 30 days the day of sine die adjournment
of the session and a copy of the same be invariably sent to the Rajasthan Legislative
Assembly Secretariat.
|