CHAPTER VIII

PARLIAMENTARY COMMITTEES 

GENERAL DIRECTIONS

48. In this Chapter, unless the context otherwise requires, 'Committee' means and includes 'Parliamentary Committee' as defined in sub-rule (1) of rule 2.

*1 Manner of election to Committees

48A. Elections to Parliamentary Committees shall be held in accordance with the regulations made by the Speaker for holding of elections to Committees by means of the single transferable vote.

Applicability of general directions to Parliamentary Committees

49. Except for matters for which special provision is made in the directions relating to any particular Committee, the general directions in this Chapter shall apply to all Committees; and if and so far as any provision in the special directions relating to a Committee is inconsistent with general directions, the former shall prevail.

Venue of sittings

50. (1) Sitting of a Committee/sub-Committee, whether formal or informal, at which Officers or staff of the Lok Sabha Secretariat are required to be present, shall invariably be held within the precincts of the Parliament House. If, for any reasons, i t becomes necessary to hold a sitting of the Committee outside the Parliament House, the matter shall be referred to the Speaker for his directions.

(2) When the Committee is on a study tour, informal sittings may be held at the place of the visit, but at such sittings, no decisions shall be taken nor any evidence recorded.

Time of sittings whilst House sitting

51. Unless the Speaker otherwise permits, no sitting of a Committee shall be held after the commencement of a sitting of the House and before 15.00 hours on days when the House is sitting.

Procedure for speaking in Committees

52. (1) A member desiring to make any observations at the sitting of a Committee shall address the Chairman and make all remarks to other members through the Chairman.

(2) A member shall not speak unless the Chairman calls him.

(3) When any member desires to interrupt while another member is speaking he shall seek the permission of the Chairman to do so.

Personal, pecuniary or direct interest of member

52A. (1) Where a member of a Committee has a personal, pecuniary or direct interest in any matter which is to be considered by the Committee, he shall state his interest therein to the Speaker through the Chairman of the Committee.

(2) After the Speaker has considered the matter he shall give his decision which shall be final.

Putting of question to vote

53. If the Chairman considers that sufficient discussion has taken place on a question, he may, without further discussion, put the question to vote and arrive at a decision

Reopening of question

54. If a member desires to reopen a question on which a Committee has already taken a decision he shall, in the first instance, obtain the permission of the Chairman to do so.

Proceedings and certain documents treated as confidential

55. (1) The proceedings of a Committee shall be treated as confidential and it shall not be permissible for a member of the Committee or any one who has access to its proceedings to communicate, directly or indirectly, to the press any information regarding its proceedings including its report or any conclusions arrived at, finally or tentatively, before the report has been presented to the House.

(1A) The provisions of clause (1) shall also mutatis mutandis apply to the proceedings of meetings held by the Speaker with the Leaders of Parties and Groups in Lok Sabha.

(2) Whenever a paper or document, marked 'secret' or 'confidential' is circulated to the members of the Committee, the contents of such paper or document shall not be divulged by any member either in the minute of dissent or on the floor of the House, or otherwise, without the permission of the Speaker; and where such permission has been obtained any restriction imposed by the Speaker in regard to the manner in which, or the extent to which, the information contained in the document may be divulged, shall be strictly observed.

Procedure regarding sub-Committees

56. (1) If a Committee appoints a sub-Committee to consider special points under rule 263(1), the report of the sub-Committee duly signed by the Chairman on behalf of the sub-Committee shall be submitted by the prescribed period and copies of the same shall be made available to all members of the Committee before they meet to consider the report of the sub-Committee.

(2) The Chairman of the Committee shall appoint the Chairman of the sub-Committee.

(3) The procedure in the sub-Committee shall, as far as practicable, be the same as is followed in the whole Committee.

Evidence of experts and interested parties

57. (1) A Committee may take evidence of experts or interested parties on their own initiative or on requests made.

(2) The witnesses who express their desire to appear before the Committee shall supply sufficient number of copies of written memoranda for circulation to the members of the Committee who may consider the same at their sitting and then decide whether such witnesses should be called to appear before the Committee.

Evidence liable to be treated as public

58. Where witnesses appear before a Committee to give evidence, the Chairman shall make it clear to the witnesses that their evidence shall be treated as public and is liable to be published, unless they specifically desire that all or any part of the evidence given by them is to be treated as confidential. It shall, however, be explained to the witnesses that even though they might desire their evidence to be treated as confidential such evidence is liable to be made available to the members of Parliament.

Evidence of officials of Government of India and Undertakings

59. (1) Where a Ministry or Department or Undertaking is required to give evidence before a Committee on any matter, the Ministry or Department or Undertaking shall be represented by the Secretary or the Head of the Department or Undertaking, as the case may be:

Provided that the Chairman of the Committee may, on a request being made to him, permit any other senior officer to represent the Ministry or Department or Undertaking before the Committee.

(2) The Committee may require the Ministry or Department or Undertaking to furnish to the Lok Sabha Secretariat a sufficient number of copies of any memorandum containing its views on the matter under discussion for circulation to members of the Committee in advance of the date on which the representative of the Ministry or Department or Undertaking has to give evidence before the Committee.

(3) A 'resume' of the evidence given by the representative of the Ministry or Department or Undertaking may be embodied in or appended to the minutes of the sittings.

Evidence of officials of State Governments

60. (1) Whenever it is felt necessary to invite an official of a State Government to appear as a witness before a Committee or to ask the State Government to produce a document or paper before the Committee, the orders of the Speaker shall be obtained before the official or the State Government is asked to comply with the request.

(2) In case the Speaker decides that it is not necessary to summon a particular State official as a witness, or that the State Government need not be asked to produce a paper, document or record, the Chairman of the Committee concerned, may, if he thinks necessary, apprise the Committee of the Speaker's decision.

Consideration of memoranda supplied by witnesses

61. A Committee shall, in the first instance, consider the memoranda supplied by the witnesses, when copies are circulated to all the members of the Committee, and the nature of questions that may be asked of the witnesses shall be for clarification o f any points included in their memoranda or any other fresh point arising out of the discussion.

Mode of examination of witnesses

62. (1) The Chairman may first ask any question and thereafter he may call other members, one by one, to ask questions.

(2) Witnesses may, with the permission of the Chairman, place before the Committee any other relevant information which has not bee n already placed before the Committee.

Mode of addressing communications on matters before Committees

63. All communications from Ministries and all suggestions, memoranda and representations etc., in respect of matters pending before a Committee which are received from individuals, associations and public bodies shall be addressed to the Secretary-General and if in any case a letter, memorandum etc., is addressed or sent direct to the Chairman, he may send it to the Lok Sabha Secretariat for disposal and record.

Procedure for presenting views of Ministries to Speaker

63A. If any Ministry or Department wish to present their views to the Speaker on any matter which has been considered by, or is pending before, a Committee, they shall forward to the Lok Sabha Secretariat a written statement formulating precisely the points on which the decision of the Speaker is desired. The statement, together with the relevant papers showing the views of the Committee, shall then be submitted to the Speaker who may, if necessary, discuss the matter with the Minister concerned and/ or with the Chairman of the Committee before arriving at a decision.

Expunction from documents presented to Committees

64. (1) If in the opinion of the Chairman a document, such as, representation, memorandum etc., presented to a Committee, contains words, phrases or expressions which are unparliamentary, irrelevant or are not couched in respectful, decorous and temperate language, or are otherwise inappropriate, he may order such words, phrases or expressions to be expunged from such document.

(2) Notwithstanding anything contained in (1) above, the Speaker shall have the power to order expunctions in like circumstances or to review all decisions regarding expunction from such documents and his decision thereon shall be final.

Verbatim proceedings

65. (1) Verbatim proceedings of a Committee, if taken, shall be treated as confidential and shall not be made available to anyone without the orders of the Speaker.

(2) Relevant portions of the verbatim proceedings of the sitting, at which evidence has been given, shall be forwarded to the witnesses and members concerned for confirmation and return by a date fixed by the Lok Sabha Secretariat. If corrected copies of the proceedings are not received back by the specified date, the reporter's copy may be treated as authentic.

(3) Corrections in the verbatim proceedings, if any, shall be made neatly and legibly by the witness or the member, as the case may be, in ink in his own hand-writing and shall be confined to correction of inaccuracies which may have occurred in the process of reporting and not for the purpose of improving their literary form or altering their substance by additions and deletions.

Minutes

66. (1) The decisions of a Committee shall be recorded briefly in the minutes of the Committee.

(2) The draft minutes shall be prepared by the Lok Sabha Secretariat and approved by the Chairman.

(3) The minutes of each sitting may be circulated to members of the Committee. Relevant extracts therefrom may also be circulated to any Ministry or Officer, if considered necessary.

(4) If any member desires any alterations in the minutes, on the ground that they are not in conformity with the decision arrived at, the matter shall be referred to at the next sitting of the Committee and the decision of the Committee taken thereon shall be incorporated in the minutes of the sitting.

(5) Until the minutes are presented to the House, they shall be treated as confidential.

Laying of minutes

67. (1) After the minutes of a sitting or sittings of a Committee have been approved by the Chairman or in his absence, by the member of the Committee who presided at the sitting, or sittings, as the case may be, an authenticated copy thereof may be l aid on the Table of the House.

(2) An entry shall be made in the list of business for the day regarding the laying of the minutes on the Table.

(3) The Chairman or a member of the Committee shall, while laying the minutes on the Table, confine himself to a statement in the following form:-- 'Sir, I beg to lay on the Table of the House the minutes of the .... Sitting (or Sittings) of the Committee on... held on....

Reports

68. (1) A Committee shall present reports to the House or to the Speaker, as the case may be, from time to time.

(2) The draft of the report shall be prepared by the Lok Sabha Secretariat and may be placed before the Committee after it is approved by the Chairman.

(3) There shall be no minute of dissent to the report.

Circulation and consideration of draft reports

69. (1) The Chairman of a Committee may direct that the typed, cyclostyled or proof copies of the draft report together with any other documents connected therewith, be circulated amongst the members of the Committee before the date fixed for the consideration of the draft report.

(2) On the date fixed for the consideration of the draft report, the Chairman shall read out the draft report, paragraph by paragraph, putting the question to the Committee at the end of each paragraph, 'That the paragraph do stand part of the report' . A member objecting to any portion of the report, not being in conformity with the decisions arrived at, shall propose his amendment to bring it in line with the decisions. The amendment, if accepted, shall be incorporated in the said paragraph.

Mention in report and circulation of evidence

70. (1) A Committee shall mention in the report, wherever necessary, the fact that evidence was given before it.

(2) The record of evidence if so decided by the Committee, shall be printed and copies thereof circulated to all members of the House.

Signing of report of Committee

71. The Chairman or in his absence another member chosen by the Committee under rule 258(3) or rule 277(3), as the case may be, shall sign the report on behalf of the Committee.

Presentation of report of Committee to Speaker when House not in session

71A. (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 provisions of rule 280 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 Bulletin--Part II.

(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 280.

(6) Where the Lok Sabha 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-General on the Table of the new House at the first convenient opportunity. While laying the report, the Secretary-General shall make a statement to the effect that the report was presented to the Speaker of the preceding Lok Sabha before its dissolution and where it was ordered by the Speaker to be printed, publish ed or circulated under rule 280, the Secretary-General shall also report that fact to the House.

Correction of patent errors or factual matters in reports

71B. The Chairman of a Committee/sub-Committee shall have power to correct patent errors or matters of factual nature in the report adopted by the Committee/sub-Committee, before its presentation to the House/Speaker or whole Committee, as the case may be.

Printing and circulation of reports

72. (1) The report, together with the documents connected therewith, if any, shall be printed before or after presentation to the House or the Speaker, as the case may be.

(2) Until the report is presented to the House, it shall be treated as confidential.

(3) As soon as possible after presentation of the report to the House printed copies of the report shall be circulated to members of the Lok Sabha and the Ministries of the Government of India and to such other persons, authorities etc. as may be determined from time to time.

Time gap for release to press reports circulated to members under rule 280

73. Where, under rule 280, a report of a Committee is circulated to members prior to its presentation to the House, it shall be released to the press after a week from the date of dispatch of copies to members.

*8 [73A The Minister concerned shall make once in six months a statement in the House regarding the status of implementation of recommendations contained in the Reports of Departmentally Related Standing Committees of Lok Sabha with regard to his Ministry.]

SELECT/ JOINT COMMITTEES ON BILLS 

Memoranda or representations addressed to Select/Joint Committees

74. When any memorandum/representation addressed to a Select/Joint Committee on a Bill is received in the Lok Sabha Secretariat at any time after the Committee has met, it shall form part of the records of the Committee and no person shall, without th e Speaker's permission, quote there from or send copies thereof to anyone else, unless it has been presented to the House either along with the report of the Committee or separately.

Notice and admissibility of amendments

75. (1) If a member wants to move amendments at a sitting of a Select/Joint Committee, he shall send, one day in advance, a copy of the notice of such amendments to the Lok Sabha Secretariat. Copies of the amendments shall be circulated by the Lok Sabha Secretariat to all members of the Select/Joint Committee to facilitate discussion at the sittings of the Select/Joint Committee.

(2) If any question arises whether a particular amendment is within the scope of the Bill, the question shall be decided by the Chairman of the Select/Joint Committee whose decision shall be final.

No general discussion on Bill

76. The principle of the Bill having been accepted by the House by adoption of the motion for reference of the Bill to the Select/Joint Committee, further general discussion on the Bill as a whole shall not be permissible in a Committee.

Clause by clause discussion of Bill

77. The Chairman shall ordinarily put the Bill before a Select/ Joint Committee, clause by clause and invite members to offer their comments, if any, and thereafter members may move their amendments, if any.

Consideration of draft report and Bill as amended

78. After the clause by clause consideration of the Bill is over, the Chairman shall fix a sitting of a Select/Joint Committee not earlier than three days thereafter to consider the draft report and the Bill as amended unless a shorter period is fixed by the Committee by a unanimous vote.

Speaker to be kept informed of Committee's Progress

79. (1) The Chairman shall keep the Speaker informed of the progress in the work of a Select/Joint Committee from time to time.

(2) Whenever the progress of the Select/Joint Committee in regard to the Bill before them is such that there is likelihood of there being delay in the presentation of the report to the House, the matter shall be brought to the notice of the Speaker as soon as it becomes clear to the Chairman that such delay is likely to occur. The Chairman shall briefly state the circumstances which are responsible for such delay, his estimate of the time that it would take to complete the work and any other matter which, in his opinion, should be brought to the notice of the Speaker.

Extension of time for presentation of report

80. (1) The Chairman or in his absence any member of a Committee, shall, if so authorised by the Committee and after informing the Speaker as laid down in direction 79(2), move in the House for extension of time for the presentation of the report to a definite date which shall be specified in the motion.

(2) The date upto which the time of presentation of the report is sought to be extended may be specified on the reasonable presumption that the House might be in session on that date. If, however, it happens that the House is not in session on the dat e so specified, the report shall be submitted to the Speaker on or before that date as the Committee may decide and the Speaker shall cause it to be laid before the House as early as possible after the House re-assembles.

Submission of memoranda on Bills by members

81. (1) At any time before the consideration of the Bill is finally concluded by a Select/Joint Committee, any member of the Committee may submit a memorandum or note containing his views on the Bill in writing to the Committee.

(2) The Chairman may, if he thinks fit, direct that copies of the note or extracts therefrom be circulated to the members of the Committee.

Petitions on Bills stand referred to Select/Joint Committees

82. All petitions which are received in the Lok Sabha Secretariat and are considered as admissible under the rules shall stand referred to the Select/Joint Committee on the Bill to which they relate, if such a Committee has been constituted. Such petitions may be examined by the Committee which may also give a hearing to such petitioners if deemed necessary.

Particulars of petitions etc., and action taken to be stated in reports

83. Where any petition, representation or memorandum is received by a Select/Joint Committee the report of the Committee shall state the number of such documents received and shall also attach an appendix giving briefly the particulars thereof and act ion taken thereon.

Pattern of report

84. Unless the Speaker otherwise directs, the report of a Select/Joint Committee on a Bill shall have introductory paragraphs as given in the Second Schedule, with such changes as may be necessary in the light of the facts of each case.

Minute of dissent

85. If a member desires to append a minute of dissent to the report of a Select/Joint Committee, he shall hand over his minute of dissent, written in ink or typed on foolscap size paper, to the officer in charge of the Select/Joint Committee on or before the date and time fixed by the Chairman of the Committee.

Date of minute of dissent

86. If a minute of dissent sent by a member does not bear any date, the date on which the same is received in the Lok Sabha Secretariat shall be indicated against the name of the signatory in the manner shown below:-- '[Received on the ..... 19]'

Minute of dissent from member absent when report adopted by Committee

87. A member who has been absent from the sitting or sittings of a Committee at which the draft report of the Committee was considered and adopted with or without amendments, as the case may be, may give a minute of dissent if he certifies in writing that he has read the report.

Committee to be informed of direction 87

88. At the conclusion of the clause by clause consideration of the Bill, the Chairman shall inform the Committee of the provisions of direction 87.

Minute of dissent to be given after adoption of report

89. A minute of dissent shall be given only after the draft report has been considered and adopted by a Committee and it shall not be conditional in any respect.

Minute of dissent not acceptable after presentation of report

90. A minute of dissent shall not be accepted after the report has been presented to the House.

Expunction from minutes of dissent

91. (1) If in the opinion of the Chairman, a minute of dissent contains words, phrases or expressions which are unparliamentary, irrelevant or otherwise inappropriate, he may order such words, phrases or expressions to be expunged from the minutes of dissent.

(2) Notwithstanding anything contained in (1) above, the Speaker shall have the power to order expunctions in like circumstances or to review all decisions regarding expunction from minutes of dissent and his decision shall be final.

Documents to be presented along with report

92. Along with the report of a Select/Joint Committee, the following documents shall also be presented to the House, namely:--

(I) the minutes of the various sittings of the Select/Joint Committee;

(ii) Government amendments, if any; and

(iii) other important papers, if any, made available to the members of the Select/Joint Committee and approved by the Chairman of the Committee for presentation to the House.

Printing and circulation of reports

93. (1) As soon as the report of a Select/Joint Committee is presented to the House the report together with the following papers shall be printed and circulated to the members of the House, namely:--

(a) notes and minutes of dissent, if any;

(b) the Bill as reported by the Select/Joint Committee;

(c) the minutes of the various sittings of the Select/Joint Committee;

(d) Government amendments, if any; and

(e) other important papers, if any, made available to members of the Select/ Joint Committee.

(2) The papers mentioned against items Nos. (c) to (e) may, where necessary, be printed separately. 

COMMITTEE ON PETITIONS 

Consideration of petitions

94. After the presentation of a petition to the House, the Committee on Petitions shall meet to consider it as early as possible:

Provided that in the case of a petition on a Bill pending before the House, it shall meet as soon as possible after it ha s 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 Bill being taken up in the House:

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.

Consideration of representations etc

95. The Committee shall also meet as often as necessary to consider representations, letters and telegrams from various individuals, associations etc., which are not covered by the rules relating to petitions and give directions for their disposal:

Provided that representations, which fall in the following categories shall not be considered by the Committee, but shall be filed on receipt in the Secretariat:--

(I) anonymous letters or letters on which names and/or addresses of senders are not given or are illegible; and

(ii) endorsement copies of letters addressed to authorities other than the Speaker or House unless there is a specific request on such a copy praying for redress of the grievance.

Intimation to petitioner

96. After the report has been presented, the petitioner shall be informed about it.

FINANCIAL COMMITTEES - COMMITTEE ON ESTIMATES, COMMITTEE ON PUBLIC ACCOUNTS AND COMMITTEE ON PUBLIC UNDERTAKINGS 

Manner of elections to Financial Committees

*2][96A *** *** ***]

Appointment of Chairmen or members of Financial Committees as members of Government Committees

97. (1) Whenever the Chairman or any member of the Committee on Estimates or the Committee on Public Accounts or the Committee on Public Undertakings is invited to accept membership of any Committee constituted by Government the matter shall be placed before the Speaker before the appointment is accepted.

(2) Where the Speaker considers it inappropriate that the Chairman or a member of the Committee on Estimates or the Committee on Public Accounts or the Committee on Public Undertakings should serve on the Committee constituted by Government so long as he remains a member of the Committee on Estimates or the Committee on Public Accounts or the Committee on Public Undertakings the latter shall not accept the appointment of membership of the Committee constituted by Government.

(3) Where in the interest of parliamentary work, the Speaker permits the Chairman or a member of the Committee on Estimates or the Committee on Public Accounts or the Committee on Public Undertakings, as the case may be, to accept the membership of a Committee constituted by Government, he may require that the report of the Government Committee shall be placed before the Committee on Estimates or the Committee on Public Accounts or the Committee on 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.

Appointment of members of Government Committees as Chairmen or members of Financial Committees

97A. (1) 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 f or deciding whether the member shall be permitted to continue his membership of the former Committee.

(2) 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 ca se may be, the member shall, if so required by the Speaker, resign membership of the Committee constituted by Government.

(3) Where in the interest of parliamentary work, the Speaker permits a member elected to the Committee on Estimates or the Committee on Public Accounts or the Committee on 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 the Committee on Public Accounts or the Committee on 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.

Examination of matters of policy by Estimates Committee

98. (1) The term 'policy' referred to in clause (a) of rule 310 relates only to policies laid down by Parliament either by means of statutes or by specific resolutions passed by it from time to time.

(2) It shall be open to the Committee to examine any matter which may have been settled as a matter of policy by the Government in the discharge of its executive functions.

(3) With regard to clause (b) of rule 310 the Committee shall not go against the policy approved by Parliament; but where it is established on evidence that a particular policy is not leading to the expected or desired results or is leading to waste, it is the duty of the Committee to bring to the notice of the House that a change in policy is called for. The fundamental objectives of the Committee are economy, efficiency in administration and ensuring that money is well laid out; but, if on close examination, it is revealed that large sums are going to waste because a certain policy is followed, the Committee may point out the defects and give reasons for the change in the policy for the consideration of the House.

Ministers not to be called before Financial Committees

99. (1) The Committee on Estimates or the Committee on Public Accounts or the Committee on Public Undertakings may call officials to give evidence in connection with the examination of the estimates and accounts, respectively, relating to a particular Ministry or Undertaking. But a Minister shall not be called before the Committee either to give evidence or for consultation in connection with the examination of estimates or accounts by the Committee.

(2) The Chairman of the Committee may, however, when considered necessary but after its deliberations are concluded, have an informal talk with a Minister, the estimates or accounts of whose Ministry or Undertaking were under consideration by the Committee in order to apprise him of: (a) any matters of policy laid down by a Ministry or Undertaking with which the Committee do not fully agree; and

(b) any matters of secret and confidential nature which the Committee would not like to bring on record in their report.

(3) The Committee may reconsider its conclusions in the light of such talk but shall not otherwise pursue further any of the matters with the Minister after they are brought to the notice of the Minister concerned by the Chairman.

Examination of representatives of private companies or non-Government bodies by Financial Committees

100. *3] [Where the Committee on Estimates or the Committee on Public Accounts or the Committee on Public Undertakings] takes up examination of the working of an agreement entered into by the Government of India or a public undertaking with a private company or any other non-Government body, the Committee may, if it deems fit summon or give an opportunity to the representatives of the Company or the non-Government body, as the case may be, to appear before the Committee and to give evidence on any point arising therefrom on which the Committee might desire to have further information or the representatives desire to give elucidation.

Procedure for Estimates Committee examining estimates of Defence Ministry

101. The following procedure shall be adopted by the Committee on Estimates in examining the estimates of the Ministry of Defence:

(i) A sub-Committee of the Committee on Estimates may be appointed under rule 263 (1) of the Rules of Procedure and entrusted with the task of examining the estimates of the Ministry of Defence.

(ii) The activities of the Defence Organisation on which the sub-Committee may concentrate or to which they may limit their enquiries may be determined in advance by the Chairman of the Committee.

(iii) The Chairman of the Committee shall regulate, as he may consider necessary, the procedure and organisation of the work of the sub-Committee.

(iv) The sub-Committee may call for information or hear officials or take any other evidence connected with the estimates under examination.

(v) (a) The usual conventions regarding 'secret' documents shall be observed by members of the sub-Committee.

(b) The discretion whether to reveal the contents of 'top secret' documents to the members shall be vested in the Chairman of the Committee, who shall consider any submission that may be made in this regard by the Ministry of Defence. In case the Chairman is unable to comply with the submissions of the Ministry, the matter shall be referred to the Speaker for his guidance.

(c) The Chairman of the Committee may determine whether in certain cases copies of 'secret' documents may not be distributed to members and only such copies may be made available for reference by members at a specified place in the Lok Sabha Secretariat.

(vi) Where Government decline to produce a document on the ground that its disclosure would be prejudicial to the safety or interest of the State, and the Chairman of the Committee has a doubt, he may place the matter before the Speaker for his guidance.

(vii) On completion of the examination of the estimates, the sub-Committee may arrive at conclusions and prepare such reports as they consider necessary.

(viii) (a) The Chairman shall place the reports of the sub-Committee before the whole Committee for the consideration of the Committee: Provided that such portions of the report of the sub-Committee as are considered by the Chairman to deal with confidential matters, which it is not advisable to make public in the interest of security, may not be placed before the whole Committee but may be forwarded by the Chairman to the Speaker.

(b) The Chairman may make available to the whole Committee such of the evidence and papers seen by the sub-Committee as he thinks fit.

(ix) (a) Such portions of the report of the sub-Committee as are placed before the whole Committee under (viii) (a) above and are approved by the whole Committee shall be deemed to be the report of the whole Committee.

(b) Such portions of the report as are forwarded by the Chairman to the Speaker under proviso to (viii) (a) above may not be treated as a report of the Committee but shall be treated as a special and ad hoc report from the Chairman to the Speaker.

(c) The Speaker may transmit such ad hoc report to Government in such manner as he thinks fit and when he does so, he may inform the House of the fact of having sent the report to Government.

(x) The procedure for the adoption by the main Committee of the report of the sub-Committee, which the Chairman may bring before the whole Committee, and for the presentation thereof to the House shall be governed by the existing rules.

Procedure for Estimates Committee examining estimates relating to Statutory and Government organisations not covered by Public Under takings Committee

101A. The following procedure shall be adopted by the Committee on Estimates in examining the estimates relating to Statutory and Government organisations which do not come within the purview of the Committee on Public Undertakings:--

(i) A standing sub-Committee of the Committee on Estimates on Statutory and Government organisations may be appointed under rule 263(1) of the Rules of Procedure at the beginning of each year after the constitution of the Committee on Estimates.

(ii) The members of the sub-Committee shall be nominated by the Chairman from amongst the members of the Committee.

(iii) The sub-Committee may call for information or hear officials or take any other evidence connected with the estimates of the Statutory or Government organisation under examination.

(iv) On completion of the examination of the estimates of a Statutory or Government organisation, the sub- Committee may arrive at conclusions and prepare such reports as they may consider necessary.

(v) The reports of the sub-Committee shall be placed before the Whole Committee for their consideration and approval.

(vi) The Chairman of the Committee shall regulate the procedure and organisation of the work of the sub-Committee in such manner as he may consider necessary.

NOTE.--If a question arises as to which statutory and Government organisations should come  within the purview of the standing sub-Committee, it shall be referred to the Speaker whose decision shall be final

 *4] [Action taken on recommendations of Estimates Committee or Committee on Public Accounts or Public Undertakings ]

102. (1) Government shall as early as possible, after the presentation of the report of the Committee on Estimates *5]or the Committee on Public Accounts] or the Committee on Public Undertakings, furnish the Committee, in the first instance, with a statement showing action taken on the recommendations contained in the report. The statement shall contain the views of Government on all the recommendations including those which are accepted by Government

. (2) As early as possible after the receipt of the replies, the Committee shall consider them and finalise their views as to whether the replies are acceptable to them or not. In respect of the replies to recommendations which are not accepted by Government, the Committee may express their own views, in case they do not accept the replies of Government.

*6]Thereafter the Committee shall present further report to the House regarding the action taken on the original recommendations made by the Committee. The report shall consist of five Chapters as follows:--

I.Report;

II.Recommendations/Observations which have been accepted by Government;

III.Recommendations/Observations which the Committee do not desire to pursue in view of Government's replies;

IV.Recommendations/Observations in respect of which replies of Government have not been accepted by the Committee; and

V.Recommendations/Observations in respect of which final replies of Government are still awaited.

*7][(3) Government shall, as early as possible, after the presentation of the Action Taken Report of the Committee on Estimates or the Committee on Public Accounts or the Committee on Public Undertakings, furnish statements of action taken or proposed to be taken by them on the recommendations contained in Chapter I and the final replies to the recommendations contained in Chapter V of the report. The replies so received shall be consolidated in the form of a statement and after Chairman's approval, laid on the Table of the House.]

COMMITTEE ON SUBORDINATE LEGISLATION 

Functions

103. (1) The Committee on Subordinate Legislation 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 a subordinate authority, to make such Orders.

(2) 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.

(3) The Committee may examine any other matter relating to an 'Order' or any question of subordinate legislation arising therefrom.

Examination of Bills referred to Committee by Speaker

103A. (1) 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 to State Governments or 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.

(2) 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 be fore the Bill is taken up for consideration in the House.

Supply of documents by Ministries, etc.

104. A Ministry 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'.

(iii) Reprinted editions of such 'Orders' as and when they are re-printed.

Procedure for examination of Order, Bill, etc.

105. (1) (i) After an 'Order' is published in the Gazette, it shall be examined by the Lok Sabha 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 320, or in accordance with any practice or direction of the Committee.

(ii) After a Bill is introduced, or laid on the Table of the House, it shall be examined by the Lok Sabha Secretariat to determine whether it is required to be brought to the notice of the Committee on the ground laid down in the direction.

(2) 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 Ministry concerned and the matter, if necessary, re-examined in the light of such reply.

(3) If, after examination of an '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 Ch airman, placed before the Committee.

Circulation of memoranda

106. 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.

Presentation of documents with reports

107. Along with the report, the following documents shall 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.

(iii) Such other material as may be considered necessary.

Action taken on recommendations of Committee

108. (1) The Ministries shall be required to furnish from time to time to the Lok Sabha 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 b y the Ministries 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.

(2) In cases where any Ministry is not in a position to implement, or feels any difficulty in giving effect to a recommendation made by the Committee, the Ministry 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 Ministry in the matter.

COMMITTEES AND OTHER BODIES CONSTITUTED BY GOVERNMENT ON WHICH LOK SABHA IS REPRESENTED

Manner of election to Government Committees etc. on which Lok Sabha is represented

108A. Where a motion adopted by the House provides for the election of members to a Committee, Commission or other body constituted by the Government (under the provisions of an Act or otherwise) in such manner as the Speaker may direct, the election shall, unless the Speaker otherwise directs, be held in accordance with the regulations made by the Speaker for holding of elections to Committees by means of the single transferable vote.


1] Ins. by Bn. (II) dated 10-5-1989, para 2931

2] Omitted by LS Bn (ii) dated 10.5.89 para 2931

3]. Sub. by L.S. Bn. (II) dated 10-5-89, para 2931

4] Sub. by LS Bn (II) dated 10.5.1989 para 2931

5] Ins. by L.S Bn (II) dated 10-5-1989, para 2931.

6] Sub. by L.S. Bn (II) dated 10-5-1989, para 2931.

7] Add. by L.S. Bn. (II) dated 10-5-1989, para 2931.

   8] Add. by LS Bn.(II) dated 1-9-2004, para456