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.

 

 

227. Power of Chairman to amend a notice

If in the opinion of the Chairman, any notice contains words, phrases or expressions which are argumentative, unparliamentary, ironical, irrelevant, verbose, or otherwise inappropriate, he may in his discretion amend such notice before it is circulated.

MOTIONS

228. Repetition of motion

A motion must not raise a question substantially identical with one on which the Council has given a decision in the same Session.

229. Withdrawal of motion

(1) A member who has moved a motion may withdraw the same by leave of the Council.

(2) The leave shall be signified not upon question but by the Chairman taking the pleasure of the Council. The Chairman shall ask: "Is it your pleasure that the motion be withdrawn?" If no one dissents, the Chairman shall say: "The motion is by leave withdrawn." But it any dissentient voice be heard or a member rises to continue the debate the Chairman shall forthwith put the motion:

Provided that if an amendment has been proposed to a motion, the original motion shall not be withdrawn until the amendment has been disposed of.

230. Dilatory motion

(1) At any time after a motion has been made, a member may move that the debate on the motion be adjourned.

  1. If the Chairman is of opinion that a motion for the adjournment of a debate is an abuse of the rules of the Council, he may either forthwith put the question thereon from the Chair or decline to propose the question.

 

 

 

AMENDMENTS

231. Scope of amendments

(1) An amendment shall be relevant to, and within the scope of, the motion to which it is proposed.

(2) An amendment shall not be moved which has merely the effect of a negative vote.

(3) An amendment on a question shall not be inconsistent with a previous decision on the same question.

232. Notice of amendments

Notice of an amendment to a motion shall be given at least one day before the day on which the motion is to be considered, unless the Chairman allows the amendment to be moved without such notice.

233. Selection of amendments

(1) The Chairman may refuse to put an amendment which in his opinion contravenes these rules.

(2) In respect of any motion, the Chairman shall have power to select the amendments to be proposed, and may, if he thinks fit, call upon any member who has given notice of an amendment to give such explanation of the object of the amendment as may enable him to form a judgement upon it

MODE OF COMMUNICATION OF PRESIDENT'S RECOMMENDATION OR SANCTION

234. Mode of communication of President's recommendation or sanction

Every recommendation or previous sanction by the President shall be communicated by a Minister in the following terms:-

"The President having been informed of the subject matter of the proposed Bill, Motion, Resolution or amendment accords his previous sanction to the introduction of the Bill or the moving of the amendment or recommends the introduction of the Bill or the moving of the Motion, Resolution or amendment in the Council or recommends to the Council the consideration of the Bill."

and it shall be printed in the proceedings of the Council in such manner as the Chairman may direct.

RULES TO BE OBSERVED BY MEMBERS

235. Rules to be observed in Council

Whilst the Council is sitting, a member-

(i) shall not read any book, newspaper or letter except in connection with the business of the Council;

(ii) shall not interrupt any member while speaking by disorderly expression or noises or in any other disorderly manner;

(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.

Explanation- The words "persons in high authority" mean persons whose conduct can only be discussed on a substantive motion drawn in proper terms under the Constitution or such other persons whose conduct, in the opinion of the Chairman, should be discussed on a substantive motion drawn in terms to be approved by him;

(vi) use the President's name for the purpose of influencing the debate;

(vii) utter treasonable, seditious or defamatory words;

(viii) use his right of speech for the purpose of obstructing the business of the Council.

238A. Procedure regarding allegations against members

No allegation of a defamatory or incriminatory nature shall be made by a member against any other member or a member of the House unless the member making the allegation has given previous intimation to the Chairman and also to the Minister concerned so that the Minister may be able to make an investigation into the matter for the purpose of a reply:

Provided that the Chairman may at any time prohibit any Member from making any such allegation if he is of opinion that such allegation is derogatory to the dignity of the Council or that no public interest is served by making such allegation.

239. Questions to be asked through Chairman

When, for the purposes of explanation during discussion or for any other sufficient reason, any member has occasion to ask a question of another member on any matter then under the consideration of the Council, he shall ask the question through the Chairman.

240. Irrelevance or repetition

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

241. Personal explanation

A member may, with the permission of the Chairman, make a personal explanation although there is no question before the Council, but in this case no debatable matter may be brought forward, and no debate shall arise.

ORDER OF SPEECHES AND RIGHT OF REPLY

242. Order of speeches and right or reply

(1) After the member who moves a motion has spoken, other members may speak to the motion in such order as the Chairman may call upon them. If any member who is so called upon does not speak, he shall not be entitled, except with the permission of the Chairman, to speak to the motion at any later stage of the debate.

(2) Except in the exercise of a right of reply or as otherwise provided by these rules, no member shall speak more than once to any motion, except with the permission of the Chairman.

(3) A member who has moved a motion may speak again by way of reply, and if the motion is moved by a private member, the Minister concerned may, with the permission of the Chairman, Speak (whether he has previously spoken in the debate or not) after the mover has replied:

Provided that nothing in this sub-rule shall be deemed to give any right of reply to the mover of an amendment to a Bill or a resolution save with the permission of the Chairman.

PROCEDURE WHEN CHAIRMAN RISES

243. Procedure when Chairman rises

(1) Whenever the Chairman rises he shall be heard in silence and any member who is then speaking or offering to speak shall immediately sit down.

(2) No member shall leave his seat while the Chairman is addressing the Council.

CLOSURE

244. Closure

(1) At any time after a motion has been made, any member may move, "That the question be now put," and unless it appears to the Chairman that the motion is an abuse of these rules or an infringement of the right of reasonable debate, the Chairman shall then put the motion: "That the question be now put".

(2) Where the motion: "That the question be now put" has been carried, the question or questions consequent thereon shall be put forthwith without further debate:

Provided that the Chairman may allow any member any right of reply which he may have under these rules.

245. Limitation of debate

(1) Whenever the debate on any motion in connection with a Bill or on any other motion becomes unduly protracted, the Chairman may, after taking the sense of the Council, fix the hour at which the debate shall conclude.

(2) The Chairman shall at such appointed hour, unless the debate be sooner concluded, proceed forthwith to put all such questions as may be necessary to determine the decision of the Council on the original question.

 

 

 

QUESTION FOR DECISION

246. Procedure for obtaining decision of Council

A matter requiring the decision of the Council shall be decided by means of a question put by the Chairman on a motion made by a member.

 

247. Proposal and putting of question

When a motion has been made, the Chairman shall propose the question for consideration, and put it for the decision, of the Council. If a motion embodies two or more separate propositions those propositions may be proposed by the Chairman as separate questions.

248. No speech after voices collected

A member shall not speak on a question after the Chairman has collected the voices both of the Ayes and of the Noes on that question.

PAPERS QUOTED TO BE LAID ON THE TABLE

249. Papers quoted to be laid on the Table

If a Minister quotes in the Council a dispatch or other State Paper which has not been presented to the Council, he shall lay the relevant paper on the Table:

Provided that this rule shall not apply to any documents which are stated by the Minister to be of such a nature that their production would be inconsistent with public interest:

Provided further that where a Minister gives in his own words a summary or gist of such dispatch or State Paper it shall not be necessary to lay the relevant papers on the Table.

250. Papers laid on the Table to be public

All papers and documents laid on the Table shall be considered public.

 

 

 

 

 

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 two minutes, he shall put the question a second time and declare whether in his opinion the "Ayes" or the "Noes" have it.

    1. 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 subrule (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 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 subrule (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) It 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.

WITHDRAWAL AND SUSPENSION OF MEMBERS

255. Withdrawal of member

The Chairman may direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately from the Council and any member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day's meeting.

256. Suspension of member

(1) The Chairman may, if he deems it necessary, name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and willfully obstructing the business thereof.

(2) If a member is so named by the Chairman he shall forthwith put the question on a motion being made, no amendment, adjournment or debate being allowed, that the member (naming him) be suspended from the service of the Council for a period not exceeding the remainder of the Session:

Provided that the Council may, at any time, on. a motion being made, resolve that such suspension be terminated.

(3) A member suspended under this rule shall forthwith quit the precincts of the Council.

 

 

 

 

SUSPENSION OF SITTING

257. Power of Chairman to adjourn Council or suspend sitting

In the case of grave disorder arising in the Council, the Chairman may, if he thinks it necessary to do so, adjourn the Council or suspend any sitting for a time to be named by him.

POINTS OF ORDER

258. Points of order and decisions thereon

(1) Any member may at any time submit a point of order for the decision of the Chairman, but in doing so, shall confine himself to stating the point.

(2) The Chairman shall decide all points of order which may arise, and his decision shall be final.

MAINTENANCE OF ORDER

259. Chairman to preserve order and enforce decisions.

The Chairman shall preserve order and shall have all powers necessary for the purpose of enforcing his decisions.

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.

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.