GENERAL RULES
Parliamentary Committee
253. In this Chapter, unless the context otherwise requires, 'Committee'
means and includes 'Parliamentary Committee' as defined in sub-rule (1)
of rule 2.
Appointment of Committee
254. (1) The members of a Committee shall be appointed or elected by
the House on a motion made, or nominated by the Speaker as the case may
be.
(2) No member shall be appointed to a Committee if he is not willing
to serve on it. The proposer shall ascertain whether the member whose name
is proposed by him is willing to serve on the Committee.
(3) Casual vacancies in a Committee shall be filled by appointment or
election by the House on a motion made, or nomination by the Speaker, as
the case may be, and any member appointed, elected or nominated to fill
such vacancy shall hold office for the unexpired portion of the term for
which the member in whose place he is appointed, elected or nominated would
have normally held office.
Objection to membership of Committee
255. Where an objection is taken to the inclusion of a member in a Committee
on the ground that the member has a personal, pecuniary or direct interest
of such an intimate character that it may prejudicially affect the consideration
of any matters to be considered by the Committee, the procedure shall be
as follows:
(a) The member who has taken objection shall precisely state the ground
of his objection and the nature of the alleged interest, whether personal,
pecuniary or direct, of the proposed member in the matters coming up before
the Committee.
(b) after the objection has been stated, the Speaker shall give an opportunity
to the member proposed on the Committee against whom the objection has
been taken to state the position:
(c) if there is dispute on facts, the Speaker may call upon the member
taking objection and the member against whose appointment on the Committee
objection has been taken, to produce documentary or other evidence in support
of their respective cases;
(d) after the Speaker has considered the evidence so tendered before
him, he shall give his decision which shall be final;
(e) until the Speaker has given his decision the member against whose
appointment on the Committee objection has been taken shall continue to
be a member thereof if elected or nominated and take part in discussion,
but shall not be entitled to vote; and
(f) if the Speaker holds that the member against whose appointment objection
has been taken has a personal, pecuniary or direct interest in the matter
before the Committee, he shall cease to be a member thereof forthwith:
Provided that the proceedings of the sitting of the Committee at which
such member was present shall not in any way be affected by the decision
of the Speaker.
Explanation.- For the purpose of this rule the interest of the
member should be direct, personal or pecuniary and separately belong to
the person whose inclusion in the Committee is objected to and not in common
with the public in general or with any class or section thereof or on a
matter of State policy.
Term of office of Committee nominated by Speaker
256. A Committee nominated by the Speaker shall, unless otherwise specified
in the rules contained in this Chapter, hold office for the period specified
by him or until a new Committee is nominated.
*1 [
Resignation from Committee
257. (1) A member may resign his seat from a Committee by writing under
his hand, addressed to the Speaker, in the following form:
'To
The Speaker,
Lok Sabha, New Delhi.
Sir, I hereby tender my resignation from the membership of the Committee
on ............................. with effect from.........................
Yours faithfully,
Place..........…………….Date......…………………….. (Name of the Member)'
(2) The resignation shall take effect from the date of resignation specified
in the letter of resignation.
(3) If the date from which the resignation should take effect is not
specified in the letter, the resignation shall take effect from the date
of the letter.
(4) If the letter of resignation does not bear any date, the resignation
shall take effect from the date of receipt of the letter in the Lok Sabha
Secretariat.]
Chairman of Committee
258. (1) The Chairman of a Committee shall be appointed by the Speaker
from amongst the members of the Committee: Provided that if the Deputy
Speaker is a member of the Committee, he shall be appointed Chairman of
the Committee.
(2) If the Chairman is for any reason unable to act, the Speaker may
appoint another Chairman in his place.
(3) If the Chairman is absent from any sitting the Committee shall choose
another member to act as Chairman for that sitting.
Quorum in Committee
259. (1) The quorum to constitute a sitting of a Committee shall be,
as near as may be, one-third of the total number of members of the Committee.
(2) If at any time fixed for any sitting of the Committee, or if at
any time during any such sitting, there is no quorum the Chairman of the
Committee shall either suspend the sitting until there is a quorum or adjourn
the sitting to some future day.
(3) When the Committee has been adjourned in pursuance of sub-rule (2)
on two successive dates fixed for sittings of the Committee, the Chairman
shall report the fact to the House:
Provided that where the Committee has been appointed by the Speaker,
the Chairman shall report the fact of such adjournment to the Speaker.
Discharge of members absent from sittings of Committee
260. If a member is absent from two or more consecutive sittings of
a Committee without the permission of the Chairman, a motion may be moved
in the House for the discharge of such member from the Committee:
Provided that where the members of the Committee are nominated by the
Speaker such member may be discharged by the Speaker.
Decisions in Committee
261. All questions at any sitting of a Committee shall be determined
by a majority of votes of the members present and voting.
Casting vote of Chairman
262. In the case of an equality of votes on any matter, the Chairman
or the person acting as such, shall have a second or casting vote.
Power to appoint Sub-Committees
263. (1) A Committee may appoint one or more sub-Committees, each having
the powers of the undivided Committee, to examine any matters that may
be referred to them, 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.
Sittings of Committee
264. The sittings of a Committee shall be held on such days and at such
hour as the Chairman of the Committee may fix:
Provided that if the Chairman of the Committee is not readily available,
the Secretary-General may fix the date and time of a sitting:
Provided further that in the case of Select or Joint Committee on a
Bill, if the Chairman of the Committee is not readily available, the Secretary-General
may, in consultation with the Minister concerned with the Bill, fix the
date and time of a sitting.
Committee may sit whilst House sitting
265. A Committee may sit whilst the House is sitting provided that on
a division being called in the House, the Chairman of the Committee shall
suspend the proceedings in the Committee for such times as will in his
opinion enable the members to vote in a division.
Sittings in private
266. The sittings of a Committee shall be held in private.
Venue of sittings
267. The sittings of a Committee shall be held within the precincts
of the Parliament House, and if it becomes necessary to change the place
of sitting outside the Parliament House, the matter shall be referred to
the Speaker whose decision shall be final.
Strangers to withdraw when Committee deliberates
268. All persons other than members of the Committee and officers of
the Lok Sabha Secretariat shall withdraw whenever the Committee is deliberating.
Power to take evidence or call for documents
269. (1) A witness may be summoned by an order signed by the Secretary-General
and shall produce such documents as are required for the use of a Committee.
(2) It shall be in the discretion of the Committee to treat any evidence
given before it as secret or confidential.
(3) No document submitted to the Committee shall be withdrawn or altered
without the knowledge and approval of the Committee.
Power to send for persons, papers and records
270. A Committee shall have power to send for persons, papers and records:
Provided that if any question arises whether the evidence of a person
or the production of a document is relevant for the purposes of the Committee,
the question shall be referred to the Speaker whose decision shall be final:
Provided further that Government may decline to produce a document on
the ground that its disclosure would be prejudicial to the safety or interest
of the State.
Counsel for witness
271. A Committee may, under the direction of the Speaker, permit a witness
to be heard by a counsel appointed by him and approved by the Committee.
Evidence on oath
272. (1) A Committee may administer oath or affirmation to a witness
examined before it.
(2) The form of the oath or affirmation shall be as follows:
'I, A.B., swear in the name of God/solemnly affirm that the
evidence which I shall give in this case shall be true, that I will
conceal nothing, and that no part of my evidence shall be false'.
Examination of witnesses
273. The examination of witnesses before a Committee shall be conducted
as follows:-
(i) The Committee shall, before a witness is called for examination,
decide the mode of procedure and the nature of questions that may be asked
of the witness.
(ii) The Chairman of the Committee may first ask the witness such question
or questions as he may consider necessary with reference to the subject
matter under consideration or any subject connected therewith according
to the mode of procedure mentioned in clause (i) of this rule.
(iii) The Chairman may call other members of the Committee one by one
to ask any other questions.
(iv) A witness may be asked to place before the Committee any other
relevant points that have not been covered and which a witness thinks are
essential to be placed before the Committee.
(v) A verbatim record of proceedings of the Committee shall, when a
witness is summoned to give evidence, be kept.
(vi)The evidence given before the Committee may be made available to
all members of the Committee.
Record of decisions
274. A record of the decisions of a Committee shall be maintained and
circulated to members of the Committee under the direction of the Chairman.
Evidence, report and proceedings treated as confidential
275. (1) A Committee may direct that the whole or a part of the evidence
or a summary thereof may be laid on the Table.
(2) No part of the evidence, oral or written, report or proceedings
of the Committee which has not been laid on the Table shall be open to
inspection by any one except under the authority of the Speaker.
(3) The evidence given before a Committee shall not be published by
any member of the Committee or by any other person until it has been laid
on the Table:
Provided that the Speaker may, in his discretion, direct that such evidence
be confidentially made available to members before it is formally laid
on the Table.
Special report
276. A Committee may, if it thinks fit, make a special report on any
matter that arises or comes to light in the course of its work which it
may consider necessary to bring to the notice of the Speaker or the House,
notwithstanding that such matter is not directly connected with, or does
not fall within or is not incidental to, its terms of reference.
Report
277. (1) Where the House has not fixed any time for the presentation
of a report by a Committee the report shall be presented within one month
of the date on which reference to the Committee was made:
Provided that the House may at any time, on a motion being made, direct
that the time for the presentation of the report by the Committee be extended
to a date specified in the motion.
(2) Reports may be either preliminary or final.
(3) The report of the Committee shall be signed by the Chairman on behalf
of the Committee:
Provided that in case the Chairman is absent or is not readily available
the Committee shall choose another member to sign the report on behalf
of the Committee.
Availability of report to Government before presentation
278. A Committee may, if it thinks fit, make available to Government
any completed part of its report before presentation to the House. Such
reports shall be treated as confidential until presented to the House.
Presentation of report
279. (1) The report of a Committee shall be presented to the House by
the Chairman or in his absence by any member of the Committee.
(2) In presenting the report the Chairman or, in his absence, the member
presenting the report shall, if he makes any remarks, confine himself to
a brief statement of fact, but there shall be no debate on that statement
at this stage.
Printing, publication or circulation of report before presentation
280. The Speaker may, on a request being made to him and when the House
is not in session, order the printing, publication or circulation of a
report of a Committee although it has not been presented to the House.
In that case the report shall be presented to the House during its next
session at the first convenient opportunity.
Power to make suggestions on procedure
281. A Committee shall have power to pass resolutions on matters of
procedure relating to that Committee for the consideration of the Speaker,
who may make such variations in procedure as he may consider necessary.
Power to make detailed rules
282. A Committee may with the approval of the Speaker make detailed
rules of procedure to supplement the provisions contained in the rules
in this Chapter.
Power of Speaker to give directions
283. (1) The Speaker may from time to time issue such directions to
the Chairman of a Committee as he may consider necessary for regulating
its procedure and the organization of its work.
(2) If any doubt arises on any point of procedure or otherwise, the
Chairman may if he thinks fit, refer the point to the Speaker whose decision
shall be final.
Business before Committee not to lapse on prorogation of House
284. Any business pending before a Committee shall not lapse by reason
only of the prorogation of the House and the Committee shall continue to
function notwithstanding such prorogation.
Unfinished work of Committee
285. A Committee which is unable to complete its work before the expiration
of its term or before the dissolution of the House may report to the House
that the Committee has not been able to complete its work. Any preliminary
report, memorandum or note that the Committee may have prepared or any
evidence that the Committee may have taken shall be made available to the
new Committee.
Applicability of general rules to Committees
286. Except for matters for which special provision is made in the rules
relating to any particular Committee, the general rules in this Chapter
shall apply to all Committees; and if and so far as any provision in the
special rules relating to a Committee is inconsistent with the general
rules, the former rules shall prevail.
BUSINESS ADVISORY COMMITTEE
Constitution
287. At the commencement of the House or from time to time, as the case
may be, the Speaker may nominate a Committee called the Business Advisory
Committee consisting of not more than fifteen members including the Speaker
who shall be the Chairman of the Committee.
Functions
288. (1) It shall be the function of the Committee to recommend the
time that should be allocated for the discussion of the stage or stages
of such Government Bills and other business as the Speaker, in consultation
with the Leader of the House, may direct for being referred to the Committee.
(2) The Committee shall have the power to indicate in the proposed time-table
the different hours at which the various stages of the Bill or other business
shall be completed.
(3) The Committee shall have such other functions as may be assigned
to it by the Speaker from time to time.
Explanation.- The expression other business referred to in this
rule and rules 290A and 291 means business, other than private members'
Bills under rule 65 and private members' resolutions under rule 170.
Report
289. The recommendations of the Committee shall be presented to the
House in the form of a report.
Motion in House after presentation of report
290. At any time after the report has been presented to the House a
motion may be moved that the House agrees or agrees with amendments or
disagrees with the report:
Provided that an amendment may be moved that the report be referred
back to the Committee either without limitation or with reference to any
particular matter:
Provided further that not more than half an hour shall be allotted for
the discussion of the motion and no member shall speak for more than five
minutes on such motion.
Notification of Allocation of Time Order
290A. The allocation of time in respect of Bills and other business
as approved by the House shall take effect as if it were an order of the
House and shall be notified in the Bulletin.
Disposal of outstanding matters at appointed hour
291. At the appointed hour, in accordance with the Allocation of Time
Order for the completion of a particular stage of a Bill or other business,
the Speaker shall forthwith put every question necessary to dispose of
all the outstanding matters in connection with that stage of the Bill or
other business.
Variation in Allocation of Time Order
292. No variation in the Allocation of Time Order shall be made except
on a motion made, with the consent of the Speaker, and accepted by the
House:
Provided that the Speaker may, after taking the sense of the House,
increase the time, not exceeding one hour, without any motion being moved.
COMMITTEE ON PRIVATE MEMBERS' BILLS AND RESOLUTIONS
Constitution
293. (1) There shall be a Committee on Private Members' Bills and Resolutions
consisting of not more than fifteen members.
(2) The Committee shall be nominated by the Speaker and shall hold office
for a term not exceeding one year.
Functions
294. (1) The functions of the Committee shall be-
(a) to examine every Bill seeking to amend the Constitution notice of
which has been given by a private member, before a motion for leave to
introduce the Bill is included in the list of business;
(b) to examine all private members' Bills after they are introduced
and before they are taken up for consideration in the House and to classify
them according to their nature, urgency and importance into two categories
namely, category A and category B:
(c) to recommend the time that should be allocated for the discussion
of the stage or stages of each private member's Bill and also to indicate
in the time-table so drawn up the different hours at which the various
stages of the Bill in a day shall be completed;
(d) to examine every private member's Bill which is opposed in the House
on the ground that the Bill initiates legislation outside the legislative
competence of the House, and the Speaker considers such objection prima
facie tenable;
(e) to recommend time-limit for the discussion of private members' resolutions
and other ancillary matters.
(2) The Committee shall perform such other functions in respect of private
members' Bills and resolutions as may be assigned to it by the Speaker
from time to time.
Motion in House after presentation of report
295. At any time after the report has been presented to the House a
motion may be moved that the House agrees or agrees with amendments or
disagrees with the report:
Provided that an amendment may be moved that the report be referred
back to the Committee either without limitation or with reference to any
particular matter:
Provided further that not more than half an hour shall be allotted for
discussion of the motion and no member shall speak for more than five minutes
on such motion.
Classification and allocation of time
296. The classification of Bills and the allocation of time in respect
of Bills and resolutions as approved by the House shall take effect as
if it were an order of the House.
Disposal of outstanding matters at appointed hour
297. At the appointed hour, in accordance with the Allocation of Time
Order, the Speaker shall forthwith put every question necessary to dispose
of all the outstanding matters in connection with the completion of a particular
stage of the Bill or the resolution.
SELECT COMMITTEES ON BILLS
Constitution
298. The members of a Select Committee on a Bill shall be appointed
by the House when a motion that the Bill be referred to a Select Committee
is made.
Presence of other members at sittings
299. Members who are not members of the Select Committee may be present
during the deliberations of the Committee but shall not address the Committee
nor sit in the body of the Committee:
Provided that a Minister may with the permission of the Chairman address
the Committee of which he may not be a member.
Notice of amendments and procedure generally
300. (1) If notice of a proposed amendment has not been given before
the day on which the Bill is taken up by the Select Committee, any member
may object to the moving of the amendment and such objection shall prevail
unless the Chairman allows the amendment to be moved.
(2) In other respects, the procedure in a Select Committee shall, as
far as practicable, be the same as is followed in the House during the
consideration stage of a Bill, with such adaptations, whether by way of
modification, addition or omission, as the Speaker may consider necessary
or convenient.
Notice of amendments by other members
301. When a Bill has been referred to a Select Committee any notice
given by a member of any amendment to a clause in the Bill shall stand
referred to the Committee provided that where notice of amendment is received
from a member who is not a member of the Select Committee such amendment
shall not be taken up by the Committee unless moved by member of the Committee.
Power to take evidence
302. A Select Committee may hear expert evidence and representatives
of special interests affected by the measure before them.
Report
303. (1) As soon as may be, after a Bill has been referred to a Select
Committee, the Select Committee shall meet from time to time in accordance
with rule 264 to consider the Bill and shall make a report thereon within
the time fixed by the House:
Provided that where the House has not fixed any time for the presentation
of the report by a Select Committee, the report shall be presented before
the expiry of three months from the date on which the House adopted the
motion for the reference of the Bill to the Select Committee:
Provided further that the House may at any time, on a motion being made,
direct that the time for the presentation of the report by the Select Committee
be extended to a date specified in the motion.
(2) The Select Committee shall in their report state whether the publication
of the Bill directed by these rules has taken place, and the date on which
the publication has taken place.
(3) Where a Bill has been altered, the Select Committee may, if they
think fit, include in their report a recommendation to the member incharge
of the Bill that his next motion should be a motion for circulation, or,
where the Bill has already been circulated, for re-circulation.
(4) Any member of the Select Committee may record a minute of dissent
on any matter or matters connected with the Bill or dealt with in the report.
(5) A minute of dissent shall be couched in temperate and decorous language
and shall not refer to any discussion in the Select Committee nor cast
aspersion on the Committee.
(6) If in the opinion of the Speaker a minute of dissent contains words,
phrases or expressions which are unparliamentary or otherwise inappropriate,
he may order such words, phrases or expressions to be expunged from the
minute of dissent.
Presentation of report
304. The report of the Select Committee on a Bill together with the
minutes of dissent, if any, shall be presented to the House by the Chairman
or in his absence by any member of the Committee.
Printing and publication of reports
305. The Secretary-General shall cause every report of a Select Committee
to be printed, and a copy of the report shall be made available for the
use of every member of the House. The report, and the Bill, as reported
by the Select Committee, shall be published in the Gazette.
COMMITTEE ON PAPERS LAID ON THE TABLE
Constitution
305A. (1) There shall be a Committee on Papers laid on the Table consisting
of not more than 15 members.
(2) The Committee shall be nominated by the Speaker and shall hold office
for a term not exceeding one year.
Functions
305B. (1) The functions of the Committee shall be to examine all papers
laid on the Table of the House by Ministers and to report to the House
on-
(a) whether there has been compliance of the provisions of the Constitution,
Act, rule or regulation under which the paper has been laid;
(b) whether there has been any unreasonable delay in laying the paper.
(c) if there has been such delay, whether a statement explaining the
reasons for delay has been laid on the Table of the House and whether those
reasons are satisfactory;
(d) whether both the Hindi and English versions of the paper have been
laid on the Table; and
(e) whether a statement explaining the reasons for not laying the Hindi
version has been given and whether such reasons are satisfactory.
(2) The Committee shall perform such other functions in respect of the
papers laid on the Table as may be assigned to it by the Speaker from time
to time.
Restriction on raising matters in House about papers laid
305C. A member wishing to raise any of the matters referred to in sub-rule
(1) of rule 305B shall refer it to the Committee and not raise it in the
House.
COMMITTEE ON PETITIONS
Constitution
306. At the commencement of the House, or from time to time, as the
case may be, the Speaker shall nominate a Committee on Petitions consisting
of not less than fifteen members:
Provided that a Minister shall not be nominated a member of the Committee,
and that if a member, after his nomination to the Committee is appointed
a Minister he shall cease to be a member of the Committee from the date
of such appointment.
Functions
307. (1) The Committee shall examine every petition referred to it,
and if the petition complies with these rules, the Committee may direct
that it be circulated. Where circulation of the petition has not been directed,
the Speaker may at any time direct that the petition be circulated.
(2) Circulation of the petition shall be in extenso or in summary form
as the Committee or the Speaker, as the case may be, may direct.
(3) It shall also be the duty of the Committee to report to the House
on specific complaints made in the petition referred to it after taking
such evidence as it deems fit and to suggest remedial measures either in
a concrete form applicable to the case under review or to prevent such
cases in future.
COMMITTEE ON PUBLIC ACCOUNTS
Functions
308. (1) There shall be a Committee on Public Accounts for the examination
of accounts showing the appropriation of sums granted by the House for
the expenditure of the Government of India, the annual finance accounts
of the Government of India and such other accounts laid before the House
as the Committee may think fit.
(2) In scrutinising the Appropriation Accounts of the Government of
India and the report of the Comptroller and Auditor-General thereon, it
shall be the duty of the Committee to satisfy itself-
(a) that the moneys shown in the accounts as having been disbursed were
legally available for, and applicable to, the service or purpose to which
they have been applied or charged;
(b) that the expenditure conforms to the authority which governs it;
and
(c) that every re-appropriation has been made in accordance with the
provisions made in this behalf under rules framed by competent authority.
(3) It shall also be the duty of the Committee-
(a) to examine the statement of accounts showing the income and expenditure
of state corporations, trading and manufacturing schemes, concerns and
projects together with the balance sheets and statements of profit and
loss accounts which the President may have required to be prepared or are
prepared under provisions of the statutory rules regulating the financing
of a particular corporation, trading or manufacturing scheme or concern
or project and the report of the Comptroller and Auditor-General thereon;
(b) to examine the statement of accounts showing the income and expenditure
of autonomous and semi-autonomous bodies, the audit of which may be conducted
by the Comptroller and Auditor-General of India either under the directions
of the President or by a statute of Parliament; and
(c) to consider the report of the Comptroller and Auditor-General in
cases where the President may have required him to conduct an audit of
any receipts or to examine the accounts of stores and stocks.
(4) If any money has been spent on any service during a financial year
in excess of the amount granted by the House for that purpose, the Committee
shall examine with reference to the facts of each case the circumstances
leading to such an excess and make such recommendation as it may deem fit:
Provided that the Committee shall not exercise its functions in relation
to such public undertakings as are allotted to the Committee on Public
Undertakings by these rules or by the Speaker.
Constitution
309. (1) The Committee shall consist of not more than *2[22
members comprising 15 members] who shall be elected by the House every
year from amongst its members according to the principle of proportional
representation by means of the single transferable vote *2A[and
not more than 7 members of Rajya Sabha to be nominated by that House for
being associated with the Committee:]
Provided that a Minister shall not be elected a member of the Committee,
and that if a member, after his election to the Committee, is appointed
a Minister he shall cease to be a member of the Committee from the date
of such appointment.
(2) The term of office of members of the Committee shall not exceed
one year.
COMMITTEE ON ESTIMATES
Functions
310. There shall be a Committee on Estimates for the examination of
such of the estimates as may seem fit to the Committee or are specifically
referred to it by the House or the Speaker. The functions of the Committee
shall be-
(a) to report what economies, improvements in organisation, efficiency
or administrative reform, consistent with the policy underlying the estimates,
may be effected;
(b) to suggest alternative policies in order to bring about efficiency
and economy in administration;
(c) to examine whether the money is well laid out within the limits
of the policy implied in the estimates; and
(d) to suggest the form in which the estimates shall be presented to
Parliament:
Provided that the Committee shall not exercise its functions in relation
to such public undertakings as are allotted to the Committee on Public
Undertakings by these rules or by the Speaker.
Constitution
311. (1) The Committee shall consist of not more than thirty members
who shall be elected by the House every year from amongst its members according
to the principle of proportional representation by means of the single
transferable vote:
Provided that a Minister shall not be elected a member of the Committee,
and that if a member, after his election to the Committee, is appointed
a Minister he shall cease to be a member of the Committee from the date
of such appointment.
(2) The term of office of members of the Committee shall not exceed
one year.
Examination of estimates
312. The Committee may continue the examination of the estimates from
time to time throughout the financial year and report to the House as its
examination proceeds. It shall not be incumbent on the Committee to examine
the entire estimates of any one year. The Demands for Grants may be finally
voted notwithstanding the fact that the Committee has made no report.
COMMITTEE ON PUBLIC UNDERTAKINGS
Functions
312A. There shall be a Committee on Public Undertakings for the examination
of the working of the public undertakings specified in the Fourth Schedule.
The functions of the Committee shall be-
(a) to examine the reports and accounts of the public undertakings specified
in the Fourth Schedule;
(b) to examine the reports, if any, of the Comptroller and Auditor-General
on the public undertakings;
(c) to examine, in the context of the autonomy and efficiency of the
public undertakings, whether the affairs of the public undertakings are
being managed in accordance with sound business principles and prudent
commercial practices; and
(d) to exercise such other functions vested in the Committee on Public
Accounts and the Committee on Estimates in relation to the public undertakings
specified in the Fourth Schedule as are not covered by clauses (a), (b)
and (c) above and as may be allotted to the Committee by the Speaker from
time to time:
Provided that the Committee shall not examine and investigate any of
the following, namely:-
(i) matters of major Government policy as distinct from business or
commercial functions of the public undertakings;
(ii) matters of day-to-day administration; and
(iii) matters for the consideration of which machinery is established
by any special statute under which a particular public undertaking is established.
Constitution
312B. (1) The Committee shall consist of not more than *3[22
members comprising 15 members] who shall be elected by the House every
year from amongst its members according to the principle of proportional
representation by means of the single transferable vote *4[and
not more than 7 members of Rajya Sabha to be nominated by that House for
being associated with the Committee:]
Provided that a Minister shall not be elected a member of the Committee,
and that if a member, after his election to the Committee, is appointed
a Minister he shall cease to be a member of the Committee from the date
of such appointment.
(2) The term of office of members of the Committee shall not exceed
one year.
*5[*** *** ***]
COMMITTEE OF PRIVILEGES
Constitution
313. At the commencement of the House or from time to time, as the case
may be, the Speaker shall nominate a Committee of Privileges consisting
of not more than fifteen members.
Functions
314. (1) The Committee shall examine every question referred to it and
determine with reference to the facts of each case whether a breach of
privilege is involved and, if so, the nature of the breach, the circumstances
leading to it and make such recommendations as it may deem fit.
(2) The report may also state the procedure to be followed by the House
in giving effect to the recommendations made by the Committee.
Consideration of report by House
315. (1) After the report has been presented, the Chairman or any member
of the Committee or any other member may move that the report be taken
into consideration whereupon the Speaker may put the question to the House.
(2) Before putting the question to the House, the Speaker may permit
a debate on the motion, not exceeding half an hour in duration, and such
debate shall not refer to the details of the report further than is necessary
to make out a case for the consideration of the report by the House.
(3) After the motion made under sub-rule (1) is agreed to, the Chairman
or any member of the Committee or any other member, as the case may be,
may move that the House agrees, or disagrees or agrees with amendments,
with the recommendations contained in the report.
Priority for consideration of report by House
316. A motion that the report of the Committee be taken into consideration
shall be accorded the priority assigned to a matter of privilege under
sub-rule (1) of rule 225, unless there has been undue delay in bringing
it forward:
Provided that when a date has already been fixed for the consideration
of the report, it shall be given priority as a matter of privilege on the
day so appointed.
COMMITTEE ON SUBORDINATE LEGISLATION
Functions
317. There shall be a Committee on Subordinate Legislation to scrutinize
and report to the House whether the powers to make regulations, rules,
sub-rules, bye-laws etc., conferred by the Constitution or delegated by
Parliament are being properly exercised within such delegation.
Constitution
318. (1) The Committee shall consist of not more than fifteen members
who shall be nominated by the Speaker:
Provided that a Minister shall not be nominated a member of the Committee,
and that if a member, after his nomination to the Committee is appointed
a Minister he shall cease to be a member of the Committee from the date
of such appointment.
(2) The term of office of members of the Committee shall not exceed
one year.
Numbering and publication of Orders
319. Each regulation, rule, sub-rule, bye-law etc. framed in pursuance
of the provisions of the Constitution or the legislative functions delegated
by Parliament to a subordinate authority, and which is required to be laid
before the House, hereinafter referred to as "Order", shall, subject to
such rules as the Speaker may in consultation with the Leader of the House
prescribe, be numbered centrally and published in the Gazette immediately
after it is promulgated.
Examination of Orders
320. After each such Order referred to in rule 319 is laid before the
House, the Committee shall, in particular, consider- (i) whether it is
in accord with the general objects of the Constitution or the Act pursuant
to which it is made;
(ii) whether it contains matter which in the opinion of the Committee
should more properly be dealt with in an Act of Parliament.
(iii) whether it contains imposition of any tax;
(iv) whether it directly or indirectly bars the jurisdiction of the
courts;
(v) whether it gives retrospective effect to any of the provisions in
respect of which the Constitution or the act does not expressly give any
such power;
(vi) whether it involves expenditure from the Consolidated Fund of India
or the public revenues;
(vii) whether it appears to make some unusual or unexpected use of the
powers conferred by the Constitution or the Act pursuant to which it is
made;
(viii) whether there appears to have been unjustifiable delay in its
publication or in laying it before Parliament; and
(ix) whether for any reason its form or purport calls for any elucidation.
Report
321. (1) If the Committee is of opinion that any Order should be annulled
wholly or in part, or should be amended in any respect, it shall report
that opinion and the grounds thereof to the House.
(2) If the Committee is of opinion that any other matter relating to
any Orders should be brought to the notice of the House, it may report
that opinion and matter to the House.
Power of Speaker to give directions
322. The Speaker may issue such directions as he may consider necessary
for regulating the procedure in connection with all matters connected with
the consideration of any question of Subordinate Legislation either in
the Committee or in the House.
COMMITTEE ON GOVERNMENT ASSURANCES
Functions
323. There shall be a Committee on Government Assurances to scrutinize
the assurances, promises, undertakings, etc., given by Ministers, from
time to time, on the floor of the House and to report on-
(a) the extent to which such assurances, promises, undertakings, etc.
have been implemented; and
(b) where implemented whether such implementation has taken place within
the minimum time necessary for the purpose.
Constitution
324. (1) The Committee shall consist of not more than fifteen members
who shall be nominated by the Speaker:
Provided that a Minister shall not be nominated a member of the Committee,
and that if a member, after his nomination to the Committee is appointed
a Minister he shall cease to be a member of the Committee from the date
of such appointment.
(2) The term of office of members of the Committee shall not exceed
one year.
COMMITTEE ON ABSENCE OF MEMBERS FROM THE SITTINGS OF THE HOUSE
Constitution
325. The Committee on Absence of Members from the sittings of the House
shall consist of fifteen members nominated by the Speaker and shall hold
office for a term not exceeding one year.
Functions
326. (1) The functions of the Committee shall be:-
(i) to consider all applications from members for leave of absence from
the sittings of the House; and
(ii) to examine every case where a member has been absent for a period
of sixty days or more, without permission, from the sittings of the House
and to report whether the absence should be condoned or circumstances of
the case justify that the House should declare the seat of the member vacant.
(2) The Committee shall perform such other functions in respect of attendance
of members in the House as may be assigned to it by the Speaker from time
to time.
Pleasure of House taken where leave of absence recommended
327. Where the Committee recommends that leave of absence be granted
to a member or the absence be condoned, as the case may be, the pleasure
of the House shall be taken by the Speaker in the following terms on a
day as soon as may be after the presentation of the report:-
'The Committee on Absence of Members from the Sittings of the House
in its.... report has recommended that leave of absence be granted or absence
be condoned (as the case may be) in respect of Shri ...... for the period
indicated in the report.
The member is being informed accordingly.'
Motion where leave of absence not recommended
328. Where leave of absence is not recommended by the Committee in respect
of any application, a motion may be moved by any member that the House
agrees or agrees with amendment or disagrees with the recommendations of
the Committee in respect of that application.
RULES COMMITTEE
Functions
329. There shall be a Committee on Rules to consider matters of procedure
and conduct of business in the House and to recommend any amendments or
additions to these rules that may be deemed necessary.
Constitution
330. The Committee on Rules shall be nominated by the Speaker and shall
consist of fifteen members including the Chairman of the Committee. The
Speaker shall be the ex-officio Chairman of the Committee.
Laying of report on Table
331. (1) The recommendations of the Committee shall be laid on the Table
and within a period of seven days, beginning with the day on which they
are so laid, any member may give notice of any amendment to such recommendations.
(2) Any notice given by a member of any amendment to the recommendations
of the Committee shall stand referred to the Committee who shall consider
it and make such changes in their recommendations as the Committee may
consider fit. The final report of the Committee after taking into consideration
the amendments suggested by the members shall be laid on the Table. Thereafter,
on the House agreeing to the report on a motion made by a member of the
Committee, the amendments to the rules as approved by the House, shall
be promulgated by the Speaker in the Bulletin.
(3) If notice of such amendment has not been given within seven days,
the recommendations of the Committee shall be deemed to have been approved
by the House and on the expiry of the said period the Speaker shall promulgate
in the Bulletin the amendments to the rules as recommended by the Committee.
(4) The amendments to the rules shall come into force on their publication
in the Bulletin unless otherwise specified.
COMMITTEE ON THE WELFARE OF SCHEDULED CASTES AND SCHEDULED TRIBES
Functions
331A. There shall be a Committee on the Welfare of Scheduled Castes
and Scheduled Tribes. The functions of the Committee shall be-
(a) to consider the reports submitted by the *6["National
Commission for the Scheduled Castes and Scheduled Tribes under article
338(5) (d)"] of the Constitution and to report as to the measures that
should be taken by the Union Government in respect of matters within the
purview of the Union Government including the Administrations of the Union
Territories;
(b) to report on the action taken by the Union Government and the Administrations
of the Union Territories on the measures proposed by the Committee;
(c) to examine the measures taken by the Union Government to secure
due representation of the Scheduled Castes and Scheduled Tribes in services
and posts under its control (including appointments in the Public Sector
Undertakings, Statutory and Semi-Government Bodies and in the Union Territories)
having regard to the provisions of article 335;
(d) to report on the working of the welfare programmes for the Scheduled
Castes and the Scheduled Tribes in the Union Territories; and
(e) to examine such other matters as may seem fit to the Committee or
are specifically referred to it by the House or the Speaker.
Constitution
331B. (1) The Committee shall consist of not more than *7[30
members, comprising 20 members] who shall be elected by the House every
year from amongst its members according to the principle of proportional
representation by means of the single transferable vote. *8[and
not more than 10 members of Rajya Sabha to be nominated by that House for
being associated with the Committee:]
Provided that a Minister shall not be elected a member of the Committee,
and that if a member, after his election to the Committee, is appointed
a Minister he shall cease to be a member of the Committee from the date
of such appointment.
(2) The term of office of members of the Committee shall not exceed
one year:
*9[*** *** ***]
*10
DEPARTMENTALLY RELATED STANDING COMMITTEES
Departmentally related Standing Committees
331C. (1) There shall be departmentally related Standing Committees
of the Houses (to be called the Standing Committees).
(2) The Ministries/Departments covered under the jurisdiction of each
of the Standing Committees shall be as specified in the Fifth Schedule:
Provided that the Chairman, Rajya Sabha and the Speaker may alter the
said Schedule from time to time in consultation with each other.
Constitution
331D. (1)