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Rules of Procedure
and Conduct of Business
in
Lok Sabha

Chapter XXVI

PARLIAMENTARY COMMITTEES


 

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) *12[Each of the Standing Committees constituted under Rule 331C shall consist of not more than 31 members, 21 members to be nominated by the Speaker from amongst the members of Lok Sabha and 10 members to be nominated by the Chairman, Rajya Sabha, from amongst the members of Rajya Sabha.]

(2) A Minister shall not be nominated as a member of the Committee, and 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.

(3) The Chairman of Committees as specified in Part I of Fifth Schedule shall be appointed by the Chairman, Rajya Sabha and Chairman of Committees as specified in Part II of the Schedule shall be appointed by the Speaker, from amongst the members of the Committees.

(4) The term of office of the members of the Committees shall not exceed one year.

Functions

331E. (1) The functions of each of the Standing Committees shall be-

(a) to consider the Demands for Grants of the concerned Ministries/Departments and make a report on the same to the Houses. The report shall not suggest anything of the nature of cut motions;

(b) to examine such Bills pertaining to the concerned Ministries/Departments as are referred to the Committee by the Chairman, Rajya Sabha or the Speaker, as the case may be, and make report thereon;

(c) to consider annual reports of Ministries/Departments and make reports thereon;

(d) to consider national basic long term policy documents presented to the Houses, if referred to the Committee by the Chairman, Rajya Sabha or the Speaker, as the case may be, and make reports thereon.

(2) The Standing Committees shall not consider the matters of day to day administration of the concerned Ministries/Departments.

Applicability of provisions relating to functions

331F. Each of the functions of these Committees as provided in clauses (a) to (d) of sub-rule(1) of rule 331E shall be applicable to the Committees from the date as may be notified by the Chairman, Rajya Sabha and the Speaker in respect of applicability of a particular function. Procedure relating to Demands for Grants

 

331G. The following procedure shall be followed by each of the Standing Committees in their consideration of the Demands for Grants and making a report thereon to the Houses:-

(a) after the general discussion on the Budget in the Houses is over, the Houses shall be adjourned for a fixed period;

(b) the Committees shall consider the Demands for Grants of the concerned Ministries during the aforesaid period;

(c) the Committees shall make their report within the period and shall not ask for more time;

(d) the Demands for Grants shall be considered by the House in the light of the reports of the Committees; and

(e) there shall be a separate report on the Demands for Grants of each Ministry.

Procedure relating to Bills

331H. The following procedure shall be followed by each of the Standing Committees in examining the Bills and making report thereon:-

(a) the Committee shall consider the general principles and clauses of the Bills referred to them and make report thereon;

(b) the Committee shall consider only such Bills introduced in either of the Houses as are referred to them by the Chairman, Rajya Sabha or the Speaker, as the case may be; and

(c) the Committee shall make report on the Bills in the given time.

Reports of the Committee

331I. (1) The Reports of the Committees shall be based on broad consensus.

(2) A Member of a Standing Committee may give note of dissent on the report of the Committee.

(3) The note of dissent shall be presented to the House along with the report.

Applicability of general rules

331J. Except for matters for which special provision is made in the rules relating to the Standing Committees, the general rules applicable to another Parliamentary Committees in Rajya Sabha shall apply mutatis mutandis to the Standing Committees specified in Part I of the Fifth Schedule and the general rules applicable to other Parliamentary Committees in Lok Sabha shall apply to Standing Committees as specified in Part II of the Schedule.

Venue of sittings

331. The Standing Committees shall not work in any other place except the precincts of Parliament House, unless otherwise specifically permitted by the Chairman, Rajya Sabha or the Speaker, as the case may be.

Power to have expert opinion

331L. The Committee may avail of the expert opinion or the public opinion to make the report.

Matters not to be considered

331M. The Standing Committees shall not generally consider the matters which are considered by the other Parliamentary Committees.

Reports to have persuasive value

331N. The report of the Standing Committees shall have persuasive value and shall be treated as considered advice given by the Committees.]

*11 [331O(1) There shall be a Committee on the Empowerment of Women-

(2) The Committee shall consist of not more than 30 Members, 20 Members to be nominated by the Speaker from amongst the Members of Lok Sabha and 10 Members to be nominated by the Chairman, Rajya Sabha, from amongst the Members of Rajya Sabha.

(3) A Minister shall not be a Member of the Committee, and if a Member; after his nomination to the Committee, is appointed as Minister he shall cease to be a Member of the Committee from the date of such appointment.

(4) The Chairman of the Committee shall be appointed by the Speaker from amongst the Members of the Committee.

(5) The term of office of Members of the Committee shall not exceed one year.

 

331 P (1) The functions of the Committee shall be-

(2) to consider the reports submitted by the National Commission for women and to report on the measures that should be taken by the Union Government for improving the status/conditions of women in respect of matters within the purview of the Union Government including the Administrations of the Union Territories;

(3) to examine the measures taken by the Union Government to secure for women equality, status and dignity in all matters;

(4) to examine the measures taken by the Union Government for comprehensive education and adequate representation of women in Legislative bodies/services and other fields;

(5) to report on the working of the welfare programmes for the women;

(6) to report on the action taken by the Union Government and Administrations of the Union Territories on the measures proposed by the Committee; and

(7) to examine such other matters as may seem fit to the Committee or are specifically referred to it by the House or the Speaker and the Rajya Sabha or the Chairman, Rajya Sabha.

331 Q The other Parliamentary Committees, including the Departmentally related standing Committees, shall not, as far as possible, consider the matters which are exclusively assigned to this Committee under the rules.]


[*1] Sub by L.S. Bn. (II) dated 9-5-1989, para 2930.
[*2]Sub by L.S.Bn(II) dated 9-5-1989,para2930.
[*2A] Added ibid.
[*3] Sub by L.S. Bn. (II) dated 9-5-1989, para 2930.

[*4] Added ibid.

[*5] Omitted ibid.

[*6] Sub. by LS Bn(II) dated 3.3.97 para No. 996

[*7] Sub by L.S. Bn. (II) dated 9-5-1989, para 2930.

[*8] Added ibid.

[*9] Omitted ibid.

[*10] Sub by L.S. Bn. (II) dated 29-3-1993, para 1921.

[*11] Added by LS Bn (II) dated 6.3.97 para no. 1003.

[*12] Sub. by LS Bn. (II) dated 20.7.2004 para n. 253

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