CHAPTER VIIBRESIGNATION OF SEATS IN THE HOUSE
Classifications of motions
41. (1) All motions, notice of which is received in the Lok Sabha Secretariat under the rules, shall be classified under the following categories, namely:--
(I) Substantive Motions;
(ii) Substitute Motions; and
(iii) Subsidiary Motions, which are further divided into three classes:--
(a) Ancillary Motions,
(b) Superseding Motions, and
(2) The classification referred to in (i) above shall be used in the case of appropriate motions. The rules governing these motions shall be as follows:--
(i) Substantive Motions.-- A substantive motion is a self-contained independent proposal submitted for the approval of the House and drafted in such a way as to be capable of expressing a decision of the House, e.g., all resolutions are substantive motions.
(ii) Substitute Motions.-- Motions moved in substitution of the original motion for taking into consideration a policy or situation or statement or any other matter are called substitute motions. Such motions, though drafted in such a way as to be capable of expressing an opinion by themselves, are not strictly speaking substantive motions inasmuch as they depend upon the original motion.
(iii) Subsidiary Motions.-- They depend upon or relate to other motions or follow upon some proceedings in the House. They by themselves have no meaning and are not capable of stating the decision of the House without reference to the original motion or proceedings of the House. Subsidiary motions are further divided into:--
(a) Ancillary Motions;
(b) Superseding Motions; and
(a) Ancillary Motions.---They are motions which are recognized by the practice of the House as the regular way of proceeding with various kinds of business. The following are the example of ancillary motions, namely:--
(i) That the Bill be taken into consideration.
(ii) That the Bill be passed.
(b) Superseding Motions.---They are motions which, though independent in form, are moved in the course of debate on another question and seek to supersede that question. In that class fall all the dilatory motions. The following motions are superseding motions in relation to the motion for taking into consideration a Bill:--
(i) That the Bill be re-committed to a Select Committee.
(ii) That the Bill be re-committed to a Joint Committee of the Houses.
(iii) That the Bill be re-circulated for eliciting further opinion thereon.
(iv) That consideration of the Bill or the debate on the Bill be adjourned sine die or to some future date.
(c) Amendments.-- They are subsidiary motions which interpose a new process of question and decision between the main question and its decision. Amendments may be to the clause of a Bill, to a resolution or to a motion, or to an amendment to a clause of a Bill, resolution or motion.
Member to be shown in proceedings as mover of motion,amendment or cut motion
42. Where a motion, an amendment or a cut motion placed on the order paper in the names of several members is treated as moved on an indication being given by such members in writing to the Speaker, it shall be deemed to have been moved by the member whose name appears first on the order paper and if he is not present in the House or has not indicated his intention to move, then by the second member or the third member etc., who may be present and the name of only such member shall be shown in the proceedings as the mover of that motion, amendment or cut motion, as the case may be.
Amendment orcut motion moved but not put to vote
43. When an amendment or a cut motion is moved but not put to the vote of the House by the Speaker and the original motion or demand for grant is passed by the House, the amendment or cut motion shall be deemed to have been negatived by the House.
Amendment or motion moved but not pressed
44. If at the end of the debate, a member who has moved an amendment or a motion which has also been proposed by the Chair, informs the Chair that he does not want to press it and if thereupon the amendment or motion is not put by the Chair to the vote of the House, such amendment or motion shall be deemed to have been withdrawn by the leave of the House
Provided that if any member requests the Chair to put the amendment or motion to the vote of the House, the amendment or motion shall be put to the vote of the House.
Order of putting substitute motions to vote
45. (1) When substantive motions have been moved by members in substitution of a motion under rule 342, the Speaker may, in his discretion, put them to the vote of the House in the following order:--
(I) Motions expressing disapproval of the policy or action of Government referred to in the original motion; and
(ii) Motions expressing approval of the policy or action of Government referred to in the original motion.
(2) Where any of the substantive motions moved in substitution of a motion under rule 342, is not put to the vote of the House by the Speaker, and any such other substantive motion in substitution of the same motion is passed by the House, the one not put to the House shall be deemed to have been negatived by the House or barred, as the case may be
Date for report in motion for reference of a Bill to Select Joint Committee
46. When a motion is moved for reference of a Bill to a Select Committee or to a Joint Committee of the Houses with the concurrence of the Rajya Sabha, the motion shall specify a definite date on or before which the Select Committee or the Joint Committee shall be instructed to report:
Provided that if on the date specified the House is not in session, the report shall be submitted to the Speaker who shall cause it to be laid before the House as soon as possible after the reassembly of the House.
Withdrawal of private members' Bill
47. On a day allotted for the disposal of private members' Bills, a Bill in respect of which the motion is that leave be granted to withdraw the Bill, shall be set down in the list of business for that day immediately after the Bills for introduction.
Procedure when two calling attention admitted for a day
47A. (1) Where under rule 197(3) two calling attention matters have been included in the list of business for a day, the Minister concerned may make a brief statement in respect of the first matter. In respect of the second matter, a statement may be laid on the Table by the Minister concerned. Copies of the statement so laid shall be supplied to the members in whose names the item stands in the list of business [*1] and the Minister shall reply at the end to the clarificatory questions asked thereon.
(2) If the Prime Minister is to make a statement in response to one of the two calling attention matters on a day, that matter may be given inter se priority in the list of business
RESIGNATION OF SEATS IN THE HOUSE
47B. (1) A letter of resignation under rule 240 of the Rules of Procedure shall become effective only after it is accepted by the Speaker.
(2) The resignation shall take effect from the date from which the resignation is accepted by the Speaker and it shall not open to a member to withdraw the resignation after it is accepted by the Speaker.
(3) If the member has specified a future date for his resignation to take effect, the resignation shall take effect from the date so specified if the Speaker has accepted the resignation by that date.
(4) The resignation shall not be accepted from a date earlier than the one on which it is received by the Speaker or in the Lok Sabha Secretariat.
[*1]. Added by L.S. Bn. (II) daated 10-5-`989, para 2931.