In pursuance of that decision, the Committee on Rules of Rajya Sabha framed the rules relating to Constitution functions etc. of these Department-related Parliamentary Standing Committees, for incorporation in the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha). The report of the Committee containing the draft rules for the purpose was presented to the House on March 24, 1993 and was adopted by the House on, March 29, 1993, The new rules (Rules 268 to 277) came into effect on March 29, 1993 itself following a direction to that effect from the Hon'ble Chairman, Rajya Sabha. Accordingly following 17 Department-related Parliamentary Standing Committees were first constituted by the Hon'ble Chairman, Rajya Sabha and Hon'ble Speaker, Lok Sabha on April 8, 1993 by nominating Members of Rajya Sabha and Lok Sabha respectively:
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Sl. Name of the Committee Ministries/Departments
No.
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PART I
1. Committee on Commerce (1) Commerce
(2) Textiles
2. Committee on Home Affairs (1) Home Affairs
(2) Law, Justive & Company Affairs
(3) Personnel, Public Grievances & Persions
3. Committee on Human (1) Human Resource Development
Resource Development (2) Health and Family Welfare
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Sl. Name of the Committee Ministries/Departments
No.
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4. Committee on Industry (1) Industry
(2) Steel
(3) Mines
5. Committee on Science & (1) Science & Technology
Technology, Environment & (2) Electronics
Forests (3) Space
(5) Biotechnology
(6) Environment & Forests
Tourism (2) Surface Transport
Part II
7. Committee on Agriculture (1) Agriculture
(3) Food Processing
10. Committee on Energy (1) coal
(3) Power
(4) Atomic Energy
12. Committee on Finance (1) Finance
(3) Programme Implementation
Supplies and Public Distribution (2) Civil Supplies, Consumer Affairs
& Public Distribution
14. Committee on Labour and (1) Labour
Welfare (2) Welfare
15. Committee on Petroleum & (1) Petroleum & Natural Gas
Chemicals (2) Chemicals & Petrochemicals
(3) Fertilizers
16. Committee on Railways Railways
17. Committee on Urban and Rural (1) Urban Development
Development (2) rural Development
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Following are the rules relating to the Department-related Parliamentary Standing Committees:--
(1) There shall be Parliamentary Standing Committees of the houses (to be called the Standing Committees) related to Ministries/Departments.
(2) Each of the Standing Committees shall be related to the Ministries/Departments as specified in the Third Schedule:
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.
(1) Each of the Standing Committees constituted under rule 268 shall consist of not more than 45 members. 15 members nominated by the Chairman from amongst the members of the Council, and 30 members nominated by the Speaker from amongst the members of the House.
Provided that a member appointed as a Minister shall not be nominated as, or continue as, a member of any Committee.
(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.
270. Functions.
Each of the Standing Committees shall have the following function, namely:---
The following procedure shall be followed by each of the Standing Committees in examining a Bill and making a report thereon:-
(b) the Committee shall consider the general principles and clauses of such Bills and shall make report thereon within such time as may be specified by the Chairman or the Speaker as the case may be.
274. Report of the Committee.
(1) The report of the Standing Committee shall be based on broad consensus.
(3) The report of the Committee, together with the minutes of dissent, if any, shall be presented to the Houses.
275. Applicability of rules relating to Select Committees on Bills.
In other respects the rules applicable to Select Committees on Bills in the Council shall apply mutatis mutandis to, the Standing Committees specified in Part I (see Annexure) of the Third Schedule and the general rules applicable to other Parliamentary Committees in the House shall apply to Standing Committees specified in Part II of the said Schedule.
276. Matters not to be considered.
A Standing Committee shall not ordinarily consider matters within the purview of any other Parliamentary Committee.
277. Reports to have persuasive value.
The report of a Standing Committee shall have persuasive value and shall be treated as considered advice given by the Committee.
The following rules in the Rules of Procedure and Conduct of Business in the Rajya Sabha relating to Select Committees on Bills will be applicable to he Department-related Standing Committees:
74. Quorum.
(1) In order to constitute a meeting of the Committee the quorum shall be one-third of the total number of members of the Committee.
(2) If at the time fixed for any meeting of the Select Committee, or if at any time during any such meeting there is no quorum the Chairman of the Committee shall either suspend the meeting until there is a quorum or adjourn the meeting to some future day.
(3) Where the Select Committee has been adjourned in pursuance of sub-rule (2) on two successive dates fixed for meeting of the Committee, the Chairman of the Committee shall report the fact to the Council.
75. Discharge of absent members.
If a member is absent from two or more consecutive meetings of the Select Committee without the permission of We Chairman of the Commit tee, a motion may be moved in the Council for the discharge of such member from the Committee.
76. Members other than members of Committee may be present at a meeting.
Members who are not members of a Select Committee may be present during the deliberations of the Committee but shall not address the Committee nor sit in the body of the Committee:
Provided that a Minister may with the permission of the Chairman of the Committee address the Committee of which he may not be a member.
77.Casting vote of Chairman of Committee. In the case of equality of votes on any matter the Chairman of the Committee or other person presiding shall have a second or casting vote.
78.Power to appoint sub-Committees. A Select Committee may appoint a sub-committee to examine any special points connected with the Bill. The order of reference to such sub-committee shall clearly state the point or points for investigation. The report of the sub-Committee shall be considered by the whole Committee.
79.Meetings. The meetings of a Select Committee shall be held on such days and at such hour as the Chairman of the Committee may fix:
Provided that if the Chairman of the Committee is not readily available, the Secretary-General may, in consultation with the Minister whose Ministry is concerned with the Bill, fix the date and time of a meeting.
80. Sitting. A Select Committee may sit whilst the Council is sitting provided that on a division being called in the Council the Chairman of the Committee shall suspend the proceedings in the Committee for such time as will in his opinion enable members to vote in the division.
81.Venue of sittings. No sitting of a Select Committee shall be held outside the precincts of the parliament House:
Provided that if in any case it is considered necessary to hold such a sitting out side-the precincts of the Parliament House, the matter shall be referred to the Chairman whose decision shall be final.
82. Notice of amendments and procedure in Committee. (1) If notice of a proposed amendment has not been given before the day on which the Bill is taken up by the Select Committee, any member may object to the moving of the amendment and such objection shall prevail unless the Chairman of the Committee allows the amendment to be moved.
(2) In other respects, the procedure in a Select Committee, shall as far as practicable, be the same as is followed in the Council during the consideration stage of a Bill with such adaptations, whether by way of modification, addition or omission, as the Chairman may consider necessary or convenient.
83. Notice of amendments by members other than members of Committee. When a Bill has been referred to a Select Committee any notice given by a member of any amendment to a clause in the Bill shall stand referred to the Committee provided that where notice of amendment is received from a member who is not a member of the Select Committee such amendment shall not be taken up by the Committee unless moved by a member of the Committee.
84. Power to take evidence or call for papers, records or documents. (1) A Select 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 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) A Select Committee may hear expert evidence and representatives of special interest affected by the measure before them.
(4) No document submitted to the Committee shall be withdrawn or altered without the knowledge and approval of the Committee.
85. Procedure for examining witnesses. The examination of witnesses before a Select Committee shall be conducted as follows:-
(2) The Chairman of the Select Committee may first put to the witness such question or questions as he may consider necessary with reference to the subject matter of the Bill or any connected subject thereto according to the mode of procedure mentioned in sub-rule (1) of this rule.
90. Reports. (1) As soon as may be after a Bill has been referred to a Select Committee, the Select Committee shall meet from time to time in accordance with rule 79 to consider the Bill and shall make a report thereon 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 before the expiry of three months from the date on which the Council adopted the motion for the reference of the Bill to the Select Committee:
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 Select Committee be extended to a date specified in the motion.
(2) Reports may be either preliminary or final.
(3) The Select Committee, shall in its report state whether the publication of the Bill directed by these rules has taken place, and the date on which the publication has taken place.
(4) Where a Bill has been altered the Select Committee may, if it thinks fit, include in its report a recommendation to the member-in-charge of the Bill that his next motion should be a motion for circulation, or where the Bill has already been circulated for recirculation.
(5) The report of the Select Committee 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 another member to sign the report on behalf of the Committee.
(6) Any member of the Select Committee may record a minute of dissent on any matter or matters connected with the Bill or dealt with in the report; so, however, a minute of dissent shall be couched in temperate and decorous language and shall not refer to any discussion in the Committee nor cast aspersion on the Committee or Chairman of the Committee or any Member thereof.
(7) (i) If in the opinion of the Chairman of the Committee, a minute of dissent contains words, phrases or expressions which are unparliamentary, irrelevent or otherwise inappropriate, he may order such words, phrases or expressions to be expunged from the minute of dissent.
(ii) Notwithstanding anything contained in (i) above, the Chairman shall have the power to order expunction in like circumstances or to review all decisions regarding expunction from minutes of dissent and his decision thereon shall be final.
91. Presentation of report. (1) The report of the Select Committee on a Bill together with the minutes of dissent, if any, shall be presented to the Council by the Chairman of the Committee or in his absence by any member of the Committee.
(2) In presenting a report the Chairman of the Committee or, in his absence, the member presenting the report shall, if he makes any remarks, confine' himself to a brief statement of fact, but there shall be no debate at this stage.
92.Printing and Publication of reports. The Secretary-General shall cause every report of a Select Committee to be printed, and a copy of the report shall be made available for the use of every member of the Council. The report and the Bill as reported by the Select Committee, shall be published in the Gazette.