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Rules of Procedure
and Conduct of Business
in
Lok Sabha

APPENDIX I

THE HOUSES OF PARLIAMENT (JOINT SITTINGS AND COMMUNICATIONS) RULES


 

CHAPTER I

Preliminary

1. These Rules may be called the Houses of Parliament (Joint Sittings and Communications) Rules. 2. In these Rules unless the context otherwise requires,-

(a) "Council" means the Council of States;

(b) "House" means the House of the People;

(c) "Houses" means the Council of States and the House of the People;

(d) "Joint Sitting" means a joint sitting of the Houses;

(e) "Member" means a member of the Council or of the House;

(f) "Secretary-General" means the Secretary-General of the House and includes any person for the time being performing the duties of the Secretary-General of the House;

(g) "Speaker" means the Speaker of the House.

CHAPTER II

Joint Sittings of Houses Summons to members

3. The Secretary-General shall issue a summons to each member specifying the time and place for a joint sitting.

Time of sitting

4. The hour upon which a joint sitting shall adjourn and the day and hour or the part of the same day to which it shall be adjourned shall be determined by the Speaker.

Presiding Officers

5. During the absence of the Speaker from any joint sitting, the Deputy Speaker of the House or, if he is also absent, the Deputy Chairman of the Council or, if he is also absent such other person as may be determined by the members present at the sitting, shall preside.

Quorum

6. The quorum to constitute a joint sitting shall be one-tenth of the total number of members of the Houses.

Procedure

7. At any joint sitting the procedure of the House shall apply with such modifications and variations as the Speaker may consider necessary or appropriate.

Report of proceedings of joint sittings

8. The Secretary-General shall cause to be prepared a full report of the proceedings of every joint sitting, and shall, as soon as practicable, publish it in such form and manner as the Speaker may, from time to time, direct.

CHAPTER III

Communications between Houses Communications by messages

9. Communications between the Houses shall be by messages.

Mode of sending messages

10. Every message from the House to the Council or from the Council to the House shall be in writing or in print or partly in writing and partly in print and shall be signed by the Secretary-General of the House or the Council and conveyed to the Secretary-General of the Council or the House, as the case may be.

Communications between Houses Communication of messages to members

11. (1) If any such message is received by the Secretary-General of the House or the Council when it is in session, he shall report the message to the House or the Council, as the case may be, at the first convenient opportunity after its receipt.

(2) Whenever the House or the Council to which a message is sent is not in session, a copy of the message shall, as soon as it is received by the Secretary-General of the House or the Council, be forwarded by him to every member of the House or the Council, as the case may be.

Procedure to deal with the subject matter of the message

12. The subject matter of the message shall be dealt with by the House or the Council, as the case may be, to which the message is sent according to the rules regulating its procedure and the conduct of its business.

APPENDIX-II


RULES RELATING TO COMMITTEES-NOT MENTIONED IN THE RULES OF PROCEDURE

General Purposes Committee

Constitution

1. There shall be a General Purposes Committee consisting of the Speaker, the Deputy Speaker, members of the Panel of Chairmen, Chairmen of all Standing Parliamentary Committees of Lok Sabha, Leaders of recognised parties and groups in Lok Sabha and such other members as may be nominated by the Speaker. The Speaker shall be the ex-officio Chairman of the Committee.

Functions

2. The functions of the Committee shall be to consider and advise on such matters concerning the affairs of the House as may be referred to it by the Speaker from time to time.

Provisions applicable in other respects

3. In other respects, the general rules applicable to Parliamentary Committees given in Chapter XXVI of the Rules of Procedure and Conduct of Business in Lok Sabha (Eleventh Edition) shall apply with such adaptations, whether by way of modification, addition or omission, as the Speaker may consider necessary or convenient.

House Committee Constitution

1. (1) There shall be a House Committee consisting of not more than twelve members including the Chairman.

(2) The Committee shall be nominated by the Speaker and shall hold office for a term not exceeding one year. A member may be re-nominated by the Speaker to the new House Committee.

Quorum

2. The quorum to constitute a sitting of the Committee shall be five.

Functions

3. (1) The functions of the House Committee shall be-

(i)to deal with all questions relating to residential accommodation for members of Lok Sabha; and

(ii)to exercise supervision over facilities for accommodation, food, medical aid and other amenities accorded to members in members' residences and hostels in Delhi.

(2) The functions of the Committee shall be advisory.

Accommodation Sub-Committee

4. (1) There shall also be an Accommodation sub-Committee consisting of not more than four members including the Chairman of the House Committee who shall be the ex-officio Chairman of the sub-Committee.

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

(3) The quorum to constitute a sitting of the sub-Committee shall be two.

(4) The function of the sub-Committee shall be to advise on the allotment of residential accommodation to members.

Power to appoint Sub-Committees

5. (1) The Committee may appoint one or more sub-Committees each having the powers of the undivided Committee, to examine any special points relating to residential accommodation, food, medical aid and other amenities in members' residences and the reports of such sub-Committees shall be deemed to be the reports of the whole Committee, if they are approved at a sitting of the whole Committee.

(2) The order of reference to a sub-Committee shall clearly state the point or points for investigation. The report of the sub-Committee shall be considered by the whole Committee.

Secretariat for Committee

6. The Secretariat for the House Committee or its sub-Committees shall be provided by the Lok Sabha Secretariat. An Officer of the Lok Sabha Secretariat nominated in this behalf by the Secretary-General of the Lok Sabha shall be the Secretary to the House Committee and the Accommodation sub-Committee.

Record of Proceedings and Minutes of Committee

7. (1) A record of the proceedings of the sittings of the House Committee and the Accommodation sub-Committee shall be maintained.

(2) The draft minutes shall be prepared by the Secretary to the Committee and approved by the Chairman.

(3) The minutes of each sitting shall be circulated to members of the Committee or the sub-Committee, as the case may be. Relevant extracts therefrom may be forwarded to appropriate authorities for necessary action.

Appeal

8. An appeal against the decision of the House Committee or Accommodation sub-Committee shall lie to the Speaker whose decision shall be final.

Provisions applicable in other respects

9. In other respects, the general rules applicable to Parliamentary Committees given in Chapter XXVI of the Rules of Procedure and Conduct of Business in Lok Sabha (Tenth Edition) shall apply with such adaptations, whether by way of modification, addition or omission, as the Speaker may consider necessary or convenient.

Library Committee Constitution

1. (1) There shall be a Library Committee consisting of- (a)the Deputy Speaker and five other members from the Lok Sabha nominated by the Speaker. (b)three members from the Rajya Sabha nominated by the Chairman of the Rajya Sabha.

(2) The Committee shall hold office for a term not exceeding one year.

(3) The Deputy Speaker shall be the ex-officio Chairman of the Committee.

(4) Casual vacancies in the Committee shall be filled by nomination by the Speaker in respect of members from the Lok Sabha and by the Chairman of the Rajya Sabha in respect of members from the Rajya Sabha.

Functions

2. The functions of the Committee shall be -

(a) to consider and advise on such matters concerning the Library as may be referred to it by the Speaker from time to time.

(b) to consider suggestions for the improvement of the Library; and

(c) to assist members of Parliament in fully utilising the services provided by the Library.

Resignation from Committee

3. A member may resign his seat from the Committee by writing under his hand addressed to the Chairman of the Committee.

Discharge of members absent from sittings of Committee

4. The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, as the case may be, may discharge a member from the Committee, if such member is absent from two or more consecutive sittings thereof without the permission of the Chairman of the Committee.

Committee may sit whilst Houses sitting

5. The Committee may sit whilst the Lok Sabha or the Rajya Sabha is sitting provided that on a division being called in either House, the Chairman of the Committee shall suspend the proceedings in the Committee for such time as will in his opinion enable the members to vote in a division.

Provisions applicable in other respects

6. In other respects, the general rules applicable to Parliamentary Committees given in Chapter XXVI of the Rules of Procedure and Conduct of Business in Lok Sabha (Eighth Edition) shall apply with such adaptations, whether by way of modification, addition or omission, as the Speaker may consider necessary or convenient.

APPENDIX III


PROVISIONS RELATING TO THE JOINT COMMITTEE ON SALARIES AND ALLOWANCES OF MEMBERS OF PARLIAMENT

Extract of section 9 of the Salary, Allowances and Pension of Members of Parliament Act, 1954:-

9. Power to make rules.-(1) For the purpose of making rules under this section, there shall be constituted a Joint Committee of both Houses of Parliament consisting of five members from the Council of States nominated by the Chairman and ten members from the House of the People nominated by the Speaker.

(2) The Joint Committee constituted under sub-section (1) shall elect its Chairman and shall have power to regulate its procedure.

[(2A) A member of the Joint Committee shall hold office as such member for one year from the date of his nomination and any casual vacancy in the Joint Committee may be filled by nomination by the Chairman of the Council of States, or the Speaker of the House of the People, as the case may be.

Explanation.- In the case of a member of a Joint Committee holding office as such immediately before the commencement of the Salaries and Allowances of Members of Parliament (Amendment) Act, 1958, the period of one year shall be computed from the date of such commencement.]

(3) The Joint Committee constituted under sub-section (1) may[after consultation with the Central Government] make rules to provide for all or any of the following matters, namely:-

(a) the routes for performance of any journey;

(b) the manner in which fractions of a day shall be dealt with for the purpose of determining the daily allowance admissible for that day;

(c) the travelling allowance admissible where a member is provided with free transit for the whole or any part of a journey [and the reduction of the daily allowance where a member is provided with free board or lodging at the expenses of the Government or a local authority;]

[ (cc)the rate at which road mileage shall be paid under sub-clause (ii) of clause (c) of sub-section (1) of section 4;] (d) the travelling allowance admissible where the place from which a member commences his journey or to which he returns is not his usual place of residence;

[ (dd)the travelling allowance admissible in respect of journeys performed by any vessel where there is no regular steamer service;

(ddd)the travelling and daily allowances admissible for journeys performed by a member in the course of a tour outside India undertaken in connection with his duties as such member;]

(e) the form in which certificates, if any, shall be furnished by a member for the purpose of claiming any allowance under this Act;

(ee) the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this Act;

[(f) the constituency allowance and medical and other facilities mentioned in section 8 and the amount to be paid in cash in lieu of such facilities;

(ff) the amount which may be paid by way of repayable advance for the purchase of conveyance; the rate of interest thereon and the mode of recovery of such amount and interest thereon;] and

(g) generally for regulating payment of the daily and travelling allowances and pension under this Act;

(4) Any rules made under sub-section (3) shall not take effect until they are approved and confirmed by the Chairman of the Council of States and the Speaker of the House of the People and are published in the Official Gazette, and such publication of the rules shall be conclusive proof that they have been duly made.

APPENDIX IV


THE MEMBERS OF LO SABHA (DISQUALIFICATION ON GROUND OF DEFECTION) RULES, 1985

In exercise of the powers conferred by paragraph 8 of the Tenth Schedule to the Constitution of India, the Speaker, Lok Sabha, hereby makes the following rules, namely:-

Short Title

1. These rules may be called the Members of Lok Sabha (Disqualification on Ground of Defection) Rules, 1985. In exercise of the powers conferred by paragraph 8 of the Tenth Schedule to the Constitution of India, the Speaker, Lok Sabha, hereby makes the following rules, namely:-

Definitions

2. In these rules, unless the context otherwise requires,-

(a) 'Bulletin' means the Bulletin of the House of the People (Lok Sabha);

(b) 'Committee' means the Committee of Privileges of the House of the People (Lok Sabha);

(c) 'Form' means a form appended to these rules;

(d) 'date of commencement', in relation to these rules means the date on which these rules take effect under sub-paragraph (2) of paragraph 8 of the Tenth Schedule;

(e) 'House' means the House of the People (Lok Sabha);

(f) 'leader' in relation to a legislature party, means a member of the party chosen by it as its leader and includes any other member of the party authorised by the party to act, in the absence of the leader as, or discharge the functions of, the leader of the party for the purposes of these rules;

(g) 'member' means a member of the House of the People (Lok Sabha);

(h) 'Tenth Schedule' means the Tenth Schedule to the Constitution of India;

(I) 'Secretary-General' means the Secretary-General to the House of the People (Lok Sabha) and includes any person for the time being performing the duties of the Secretary-General. In exercise of the powers conferred by paragraph 8 of the Tenth Schedule to the Constitution of India, the Speaker, Lok Sabha, hereby makes the following rules, namely:-

Information to be furnished by leader of a legislature party

3. (1) The leader of each legislature party (other than legislature party consisting of only one member) shall, within thirty days after the first sitting of the House, or, where such legislature party is formed after the first sitting, within thirty days after its formation, or, in either case within such further period as the Speaker may for sufficient cause allow, furnish the following to the Speaker, namely:-

(a)a statement (in writing) containing the names of members of such legislature party together with other particulars regarding such members as in Form I and the names and designations of the members of such party who have been authorised by it for communicating with the Speaker for purposes of these rules;

(b)a copy of the rules and regulations (whether known as such or as constitution or by any other name) of the political party concerned; and

(c)where such legislature party has any separate set of rules and regulations (whether known as such or as constitution or by any other name), also a copy of such rules and regulations.

(2) Where a legislature party consists of only one member, such member shall furnish a copy of the rules and regulations mentioned in clause (b) of sub-rule (1) to the Speaker, within thirty days after the first sitting of the House or, where he has become a member of the House after the first sitting, within thirty days after he has taken his seat in the House, or, in either case within such further period as the Speaker may for sufficient cause allow.

(3) In the event of any increase in the strength of a legislature party consisting of only one member, the provisions of sub-rule (1) shall apply in relation to such legislature party as if such legislature party had been formed on the first date on which its strength increased.

(4) Whenever any change takes place in the information furnished by the leader of a legislature party under sub-rule (1) or by a member under sub-rule (2), he shall, within thirty days thereafter, or, within such further period as the Speaker may for sufficient cause allow, furnish in writing information to the Speaker with respect to such change.

(5) In the case of the House in existence on the date of commencement of these rules, the reference in sub-rules (1) and (2) to the date of the first sitting of the House shall be construed as a reference to the date of commencement of these rules.

(6) Where a member belonging to any political party votes or abstains from voting in the House contrary to any direction issued by such political party or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority, the leader of the legislature party concerned or where such member is the leader, or as the case may be, the sole member of such legislature party, such member, shall, as soon as may be after the expiry of fifteen days from the date of such voting or abstention, and in any case within thirty days from the date of such voting or abstention, inform the Speaker as in Form II whether such voting or abstention has or has not been condoned by such political party, person or authority.

Explanation.- A member may be regarded as having abstained from voting only when he, being entitled to vote, voluntarily refrained from voting.

Information etc. to be furnished by leader members

4. (1) Every member who has taken his seat in the House before the date of commencement of these rules shall furnish to the Secretary-General, within thirty days from such date or within such further period as the Speaker may for sufficient cause allow, a statement of particulars and declaration as in Form III.

(2) Every member who takes his seat in the House after the commencement of these rules shall, before making and subscribing an oath or affirmation under article 99 of the Constitution and taking his seat in the House, deposit with the Secretary-General, his election certificate or, as the case may be, a certified copy of the notification nominating him as a member and also furnish to the Secretary-General a statement of particulars and declaration as in Form III.

Explanation.- For the purposes of this sub-rule, "Election Certificate" means the certificate of election issued under the Representation of the People Act, 1951 (43 of 1951) and the rules made thereunder.

(3) A summary of the information furnished by the members under this rule shall be published in the Bulletin and if any discrepancy therein is pointed out to the satisfaction of the Speaker, necessary corrigendum shall be published in the Bulletin.

Register of information as to members

5. (1) The Secretary-General shall maintain, as in Form IV, a register based on the information furnished under rules 3 and 4 in relation to the members.

(2) The information in relation to each member shall be recorded on a separate page in the Register.

Refernces to be by petitions

6. (1) No reference of any question as to whether a member has become subject to disqualification under the Tenth Schedule shall be made except by a petition in relation to such member made in accordance with the provisions of this rule.

(2) A petition in relation to a member may be made in writing to the Speaker by any other member: Provided that a petition in relation to the Speaker shall be addressed to the Secretary-General.

(3) The Secretary-General shall,-

(a)as soon as may be after the receipt of a petition under the proviso to sub-rule (2) make a report in respect thereof to the House; and

(b)as soon as may be after the House has elected a member in pursuance of the proviso to sub-paragraph (1) of paragraph 6 of the Tenth Schedule place the petition before such member.

(4) Before making any petition in relation to any member, the petitioner shall satisfy himself that there are reasonable grounds for believing that a question has arisen as to whether such member has become subject to disqualification under the Tenth Schedule.

(5) Every petition,-

(a)shall contain a concise statement of the material facts on which the petitioner relies; and

(b)shall be accompanied by copies of the documentary evidence, if any, on which the petitioner relies and where the petitioner relies on any information furnished to him by any person, a statement containing the names and addresses of such persons and the gist of such information as furnished by each such person.

(6) Every petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908), for the verification of pleadings.

(7) Every annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

Procedure

7. (1) On receipt of a petition under rule 6, the Speaker shall consider whether the petition complies with the requirements of that rule.

(2) If the petition does not comply with the requirements of rule 6, the Speaker shall dismiss the petition and intimate the petitioner accordingly.

(3) if the petition complies with the requirements of rule 6, the Speaker shall cause copies of the petition and of the annexures thereto to be forwarded,-

(a)to the member in relation to whom the petition has been made; and

(b)where such member belongs to any legislature party and such petition has not been made by the leader thereof, also to such leader, and such member or leader shall, within seven days of the receipt of such copies, or within such further period as the Speaker may for sufficient cause allow, forward his comments in writing thereon to the Speaker.

(4) After considering the comments, if any, in relation to the petition, received under sub-rule (3) within the period allowed (whether originally or on extension under that sub-rule), the Speaker may either proceed to determine the question or, if he is satisfied, having regard to the nature, and circumstances of the case that it is necessary or expedient so to do, refer the petition to the Committee for making a preliminary inquiry and submitting a report to him.

(5) The Speaker shall, as soon as may be after referring a petition to the Committee under sub-rule (4), intimate the petitioner accordingly and make an announcement with respect to such reference in the House or, if the House is not then in session, cause the information as to the reference to be published in the Bulletin.

(6) Where the Speaker makes a reference under sub-rule (4) to the Committee, he shall proceed to determine the question as soon as may be after receipt of the report from the Committee.

(7) The procedure which shall be followed by the Speaker for determining any question and the procedure which shall be followed by the Committee for the purpose of making a preliminary inquiry under sub-rule (4) shall be, so far as may be, the same as the procedure for inquiry and determination by the Committee of any question as to breach of privilege of the House by a member, and neither the Speaker nor the Committee shall come to any finding that a member has become subject to disqualification under the Tenth Schedule without affording a reasonable opportunity to such member to represent his case and to be heard in person.

(8) The provisions of sub-rules (1) to (7) shall apply with respect to a petition in relation to the Speaker as they apply with respect to a petition in relation to any other member and for this purpose, reference to the Speaker in these sub-rules shall be construed as including references to the member elected by the House under the proviso to sub-paragraph (1) of paragraph 6 of the Tenth Schedule.

Decisions on petitions

8. (1) At the conclusion of the consideration of the petition, the Speaker or, as the case may be, the member elected under the proviso to sub-paragraph (1) of paragraph 6 of the Tenth Schedule shall by order in writing,-

(a)dismiss the petition, or

(b)declare that the member in relation to whom the petition has been made has become subject to disqualification under the Tenth Schedule, and cause copies of the order to be delivered or forwarded to the petitioner, the member in relation to whom the petition has been made and to the leader of the legislature party, if any, concerned.

(2) Every decision declaring a member to have become subject to disqualification under the Tenth Schedule shall be reported to the House forthwith if the House is in session, and if the House is not in session, immediately after the House reassembles.

(3) Every decision referred to in sub-rule (1) shall be published in the Bulletin and notified in the Official Gazette and copies of such decision forwarded by the Secretary-General to the Election Commission of India and the Central Government.

Directions as to detailed working of these rules

9. The Speaker may, from time to time, issue such directions as he may consider necessary in regard to the detailed working of these rules.

FORM I

[See Rule 3(1) (a)]

Name of the Legislature Party :

Name of the corresponding political party :

Sl. No. Name of the Member (in block letters) Father's/ husband's name Permanent Address Name of the State from which elected Name of the Constituency from which elected

(1)(2) (3) (4) (5) (6)

Date :

Signature of the Leader of the legislature party.

FORM II

[See Rule 3(6)]

To

The Speaker,

Lok Sabha

Sir,

At the sitting of the House held on.................................. (date) during voting on.......................... (subject-matter)........................ Shri...................................M.P I, .......................................... (name of (Division No.....................) the member) M.P., (Division member (name of political party), No................), member of the and member of......................... political party) and leader of/sole (name of legislature party) had member of ....................................... voted/abstained from voting (name of legislature party) voted/abstained from voting contrary to the direction issued by..... (person/authority/party) without obtaining the prior permission of the said person/authority/party

2. On (date)..................... the aforesaid matter was considered by.................................. (person/authority/party) and the said 1voting/abstention was condoned/was not condoned by him/it.

Date:

Yours faithfully,

(Signature).

FORM III

(See Rule 4)

1. Name of the member (in block letters):

2. Father's/husband's name:

3. Permanent Address:

4. Delhi Address:

5. Date of election/nomination:

6. Party affiliation as on -

(i) Date of election/nomination:

(ii) The 28th February, 1985:

(iii) Date of signing this form:

DECLARATION

.......... hereby declare that the information given above is true and correct.

In the event of any change in the information given above, I undertake to intimate the Speaker immediately.

Date:

Signature/thumb impression of member

FORM IV

[See-Rule 5 (1) ]

Name of the member (in block letters) (1)

Father's/ husband's name (2)

Permanent Address (3)

Delhi Address (4)

Name of the State from which elected (5)

Date of election/ nomination (6)

Name of political party to which he belongs (7)

Name of legislature party to which he belongs (8)

Remarks (9)

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