NOTICES
Mode of giving notice
332. (1) Every notice required by these rules shall be given in writing addressed to
the Secretary-General and signed by the member giving notice, and shall be left at the
Parliamentary Notice Office which shall be kept open for this purpose between the hours to
be notified from time to time on every day except Sunday or a public holiday.
(2) Notices left at the Parliamentary Notice Office after the hours notified under
sub-rule(1) shall be treated as given on the next open day.
Contingent notice
333. (1) A member may give notice of a motion or resolution or Bill which he may desire
to be taken up on the conclusion of other business on which that motion is contingent and
if such a notice is admitted by the Speaker it may be included in the list of business
under the heading; contingent notice of motion or resolution or Bill, as the case may be
(2) A contingent notice shall be in such form as the Speaker may prescribe and shall be
taken up in the House only after the business on which the notice is contingent is
disposed of.
Circulation of notices and papers to members
334. (1) The Secretary-General shall make every effort to circulate to each member a
copy of every notice or other paper which is required by these rules to be made available
for the use of members.
(2) A notice or other paper shall be deemed to have been made available for the use of
every member if a copy thereof is deposited in such manner and in such place as the
Speaker may, from time to time, direct.
Prohibition of advance publicity of notices
334A. A notice shall not be given publicity by any member or other person until it has
been admitted by the Speaker and circulated to members:
Provided that a notice of a question shall not be given any publicity until the day on
which the question is answered in the House.
Lapse of pending notices on prorogation of House
335. On the prorogation of the House, all pending notices, other than notices of
intention to move for leave to introduce a Bill, shall lapse and fresh notices shall be
given for the next session:
Provided that a fresh notice shall be necessary of intention to move for leave to
introduce any Bill in respect of which sanction or recommendation has been granted under
the Constitution if the sanction or recommendation, as the case may be, has ceased to be
operative.
Motion, resolution or amendment moved not to lapse
336. A motion, resolution or an amendment, which has been moved and is pending in the
House, shall not lapse by reason only of the prorogation of the House
Power of Speaker to amend notices
337. If in the opinion of the Speaker, any notice contains words, phrases or
expressions which are argumentative, unparliamentary, ironical, irrelevant, verbose, or
otherwise inappropriate, he may, in his discretion, amend such notice before it is
circulated.
MOTIONS
Repetition of motion
338. A motion shall not raise a question substantially identical with one on which the
House has given a decision in the same session.
Withdrawal of motion
339. (1) A member who has made a motion may withdraw the same by leave of the House.
(2) The leave shall be signified not upon question but by the Speaker taking the
pleasure of the House. The Speaker shall ask: 'Is it your pleasure that the motion be
withdrawn?' If no one dissents, the Speaker shall say: The motion is by leave withdrawn.
But if any dissentient voice be heard or a member rises to continue the debate the Speaker
shall forthwith put the motion:
Provided that if an amendment has been proposed to a motion, the original motion shall
not be withdrawn until the amendment has been disposed of.
Adjournment of debate on motion
340. At any time after a motion has been made, a member may move that the debate on the
motion be adjourned.
Motion in abuse of rules or dilatory motion
341. (1) If the Speaker is of opinion that a motion for the adjournment of a debate is
an abuse of the rules of the House, he may either forthwith put the question thereon or
decline to propose the question.
(2) If the Speaker is of opinion that a motion for re-circulation of a Bill to elicit
further opinion thereon is in the nature of a dilatory motion in abuse of the rules of the
House inasmuch as the original circulation was adequate or comprehensive or that no
circumstance has arisen since the previous circulation to warrant the re-circulation of
the Bill, he may, forthwith put the question thereon or decline to propose the question.
(3) If the Speaker is of opinion that a motion for recommittal of a Bill to a Select
Committee of the House or a Joint Committee of the Houses or circulation or re-circulation
of the Bill after the Select Committee of the House or the Joint Committee of the Houses
has reported thereon, is in the nature of a dilatory motion in abuse of the rules of the
House inasmuch as the Select Committee of the House or the Joint Committee of the Houses,
as the case may be, has dealt with the Bill in a proper manner or that no unforeseen or
new circumstance has arisen since the Bill emerged from such Committee, he may forthwith
put the question thereon or decline to propose the question.
Motion to consider policy, situation, statement or any other matter
342. A motion that the policy or situation or statement or any other matter be taken
into consideration shall not be put to the vote of the House, but the House shall proceed
to discuss such matter immediately after the mover has concluded his speech and no further
question shall be put at the conclusion of the debate at the appointed hour unless a
member moves a substantive motion in appropriate terms to be approved by the Speaker and
the vote of the House shall be taken on such motion.
ANTICIPATING DISCUSSION
Anticipating discussion
343. No member shall anticipate the discussion of any subject of which notice has been
given provided that in determining whether a discussion is out of order on the ground of
anticipation, regard shall be had by the Speaker to the probability of the matter
anticipated being brought before the House within a reasonable time.
AMENDMENTS
Scope of amendments
344. (1) An amendment shall be relevant to, and within the scope of, the motion to
which it is proposed
(2) An amendment shall not be moved which has merely the effect of a negative vote.
(3) An amendment on a question shall not be inconsistent with a previous decision on
the same question.
Notice of amendments
345. Notice of an amendment to a motion shall be given one day before the day on which
the motion is to be considered, unless the Speaker allows the amendment to be moved
without such notice.
Selection of amendments
346. The Speaker shall have power to select the amendments to be proposed in respect of
any motion, and may, if he thinks fit, call upon any member who has given notice of an
amendment to give such explanation of the object of the amendment as may enable him to
form a judgment upon it. Putting of amendments
347. The Speaker may put amendments in such order as he may think fit:
Provided that the Speaker may refuse to put an amendment which in his opinion is
frivolous.
COMMUNICATION OF PRESIDENT'S RECOMMENDATION
Mode of communication of recommendation
348. Every sanction or recommendation by the President shall be communicated to the
Secretary-General by a Minister in the following terms:-
'The President having been informed of the subject matter of the proposed Bill, motion,
demand for grant or amendment accords his previous sanction to the introduction of the
Bill or the moving of the amendment or recommends the introduction of the Bill or the
moving of the motion, demand for grant or amendment in the House or recommends to the
House the consideration of the Bill.'
It shall be printed in the proceedings of the House in such manner as the Speaker may
direct.
RULES TO BE OBSERVED BY MEMBERS
Rules to be observed by members in House
349. Whilst the House is sitting, a member-
(i) shall not read any book, newspaper or letter except in connection with the business
of the House;
(ii) shall not interrupt any member while speaking by disorderly expression or noises
or in any other disorderly manner;
(iii) shall bow to the Chair while entering or leaving the House, and also when taking
or leaving his seat;
(iv) shall not pass between the Chair and any member who is speaking;
(v) shall not leave the House when the Speaker is addressing the House;
(vi) shall always address the Chair; (vii) shall keep to his usual seat while
addressing the House;
(viii) shall maintain silence when not speaking in the House;
(ix) shall not obstruct proceedings, hiss or interrupt and shall avoid making running
commentaries when *1[another
member is speaking;]
(x) shall not applaud when a stranger enters any of the Galleries, or the Special Box;
*2[(xi) shall not shout slogans in the House;]
*3[(xii) shall not sit or stand with his back towards
the Chair;]
(xiii) shall not approach the Chair personally in the House. He may send chits to the
officers at the Table, if necessary;
(xiv) shall not wear to display badges of any kind in the House;
(xv) shall not bring or display arms in the House;
(xvi) shall not display flags, emblems or any exhi-bits in the House;
(xvii) shall not leave the House immediately after delivering his speech;
(xviii) shall not distribute within the precincts of Parliament House any literature,
questionnaire, pamphlets, press notes, leaflets, etc. not connected with the business of
the House;
(xix) shall not place his hat/cap on the desk in the House, bring boards in the Chamber
for keeping files or for writing purposes, smoke or enter the House with his coat hanging
on the arms;
(xx) shall not carry walking stick into the House unless permitted by the Speaker on
health grounds;
(xxi) shall not tear off documents in the House in protest;
(xxii) shall not bring or play cassette or tape recorder in the House; and
(xxiii) shall avoid talking or laughing in Lobby loud enough to be heard in the House.]
Only member called by Speaker entitled to speak
350. When a member rises to speak, his name shall be called by the Speaker. If more
members than one rise at the same time, the member whose name is so called shall be
entitled to speak.
Mode of addressing House
351. A member desiring to make any observations on any matter before the House shall
speak from his place, shall rise when he speaks and shall address the Speaker:
Provided that a member disabled by sickness or infirmity may be permitted to speak
sitting.
Rules to be observed while speaking
352. A member while speaking shall not-
(I) refer to any matter of fact on which a judicial decision is pending;
(ii) *4[make personal
reference by way of making an allegation imputing a motive to or questioning the bona
fides of any other member of the House unless it be vimperatively necessary for the
purpose of the debate being itself a matter in issue or relevant thereto;]
(iii) use offensive expressions about the conduct or proceedings of Parliament or any
State Legislature;
(iv) reflect on any determination of the House except on a motion for rescinding it;
(v)reflect upon the conduct of persons in high authority unless the discussion is based
on a substantive motion drawn in proper terms;
Explanation:-The words 'persons in high authority' mean persons whose conduct
can only be discussed on a substantive motion drawn in proper terms under the Constitution
or such other persons whose conduct, in the opinion of the Speaker, should be discussed on
a substantive motion drawn up in terms to be approved by him;
(vi) use the President's name for the purpose of influencing the debate;
(vii) utter treasonable, seditious or defamatory words;
*5[*** *** ***]
(viii) use his right of speech for the purpose of obstructing the business of the
House.
*6[(ix) make any reference to the strangers in any of
the galleries;
(x) refer to Government officials by name; and
(xi) read a written speech except with the previous permission of the Chair.]
Procedure regarding allegation against any person
353. No allegation of a defamatory or incriminatory nature shall be made by a member
against any person unless the member has given *7[adequate
advance notice] to the Speaker and also to the Minister concerned so that the Minister may
be able to make an investigation into the matter for the purpose of a reply:
Provided that the Speaker may at any time prohibit any member from making any such
allegation if he is of opinion that such allegation is derogatory to the dignity of the
House or that no public interest is served by making such allegation.
Restriction on quoting speeches made in Council
354. No speech made in the Council shall be quoted in the House unless it is a definite
statement of policy by a Minister:
Provided that the Speaker may, on a request being made to him in advance, give
permission to a member to quote a speech or make reference to the proceedings in the
Council, if the Speaker thinks that such a course is necessary in order to enable the
member to develop a point of privilege or procedure.
Questions to be asked through Speaker
355. When, for the purposes of explanation during discussion or for any other
sufficient reason, any member has occasion to ask a question of another member on any
matter then under the consideration of the House, he shall ask the question through the
Speaker.
Irrelevance or repetition
356. The Speaker, after having called the attention of the House to the conduct of a
member who persists in irrelevance or in tedious repetition either of his own arguments or
of the arguments used by other members in debate, may direct him to discontinue his
speech.
Personal explanation
357. A member may, with the permission of the Speaker, make a personal explanation
although there is no question before the House, but in this case no debatable matter may
be brought forward, and no debate shall arise.
ORDER OF SPEECHES, RIGHT OF REPLY AND CONCLUSION OF DEBATE
Order of speeches and right of reply
358. (1) After the member who moves a motion has spoken, other members may speak to the
motion in such order as the Speaker may call upon them. If any member who is so called
upon does not speak, he shall not be entitled except with the permission of Speaker, to
speak to the motion at any later stage of the debate.
(2) Except in the exercise of right of reply or as otherwise provided by these rules,
no member shall speak more than once to any motion, except with the permission of the
Speaker.
(3) A member who has moved a motion may speak again by way of reply, and if the motion
is moved by a private member, the Minister concerned may, with the permission of the
Speaker, speak (whether he has previously spoken in the debate or not) after the mover has
replied:
Provided that nothing in this sub-rule shall be deemed to give any right of reply to
the mover of an amendment to a Bill or a resolution save with the permission of the
Speaker.
Conclusion of debate
359. Subject to the provisions of sub-rule (3) of rule 358 the reply of the mover of
the original motion shall in all cases conclude the debate.
ADDRESS BY SPEAER
Address by Speaker
360. The Speaker may himself, or on a point being raised or on a request made by a
member, address the House at any time on a matter under consideration in the House with a
view to aid members in their deliberations, and such expression of views shall not be
taken to be in the nature of a decision.
PROCEDURE WHEN SPEAKER RISES
Procedure when Speaker rises
361. (1) Whenever the Speaker rises he shall be heard in silence and any member who is
then speaking or offering to speak shall immediately resume his seat.
(2) No member shall leave his seat while the Speaker is addressing the House.
CLOSURE AND LIMITATION OF DEBATE
Closure
362. (1) At any time after a motion has been made, any member may move: 'That the
question be now put', and unless it appears to the Speaker that the motion is an abuse of
these rules or an infringement of the right of reasonable debate, the Speaker shall then
put the motion 'That the question be now put'.
(2) Where the motion: 'That the question be now put' has been carried, the question or
questions consequent thereon shall be put forthwith without further debate:
Provided that the Speaker may allow a member any right of reply which he may have under
these rules.
Limitation of debate
363. (1) Whenever the debate on any motion in connection with a Bill or on any other
motion becomes unduly protracted, the Speaker may, after taking the sense of the House,
fix a time limit for the conclusion of discussion on any stage or all stages of the Bill
or the motion, as the case may be.
(2) At the appointed hour, in accordance with the time limit fixed for the completion
of a particular stage of a Bill or a motion, the Speaker shall, unless the debate is
sooner concluded, forthwith put every question necessary to dispose of all the outstanding
matters in connection with that stage of the Bill or the motion.
DECISION OF HOUSE
Question on motion made
364. A matter requiring the decision of the House shall be decided by means of a
question put by the Speaker on a motion made by a member.
Proposal and putting of question
365. When a motion has been made, the Speaker shall propose the question for
consideration, and put it for the decision of the House. If a motion embodies two or more
separate propositions, those propositions may be proposed by the Speaker as separate
questions.
No Speech after voices collected
366. A member shall not speak on a question after the Speaker has collected the voices
both of the Ayes and of the Noes on that Question.
DIVISION
Procedure regarding division
367. (1) On the conclusion of a debate, the Speaker shall put the question and invite
those who are in favour of the motion to say 'Aye' and those against the motion to say
'No'.
(2) The Speaker shall then say: 'I think the Ayes (or the Noes, as the case may be)
have it.' If the opinion of the Speaker as to the decision of a question is not
challenged, he shall say twice: 'The Ayes (or the Noes, as the case may be) have it' and
the question before the House shall be determined accordingly.
(3) (a) If the opinion of the Speaker as to the decision of a question is challenged,
he shall order that the Lobby be cleared.
(b) After the lapse of*8
[three minutes and thirty seconds] he shall put the question a second time and declare
whether in his opinion the 'Ayes' or the 'Noes' have it.
(c) If the opinion so declared is again challenged, he shall direct that the votes be
recorded either by operating the automatic vote recorder or by using 'Aye' and 'No' Slips
in the House or by the Members going into the Lobbies:
Provided that, if in the opinion of the Speaker, the Division is unnecessarily claimed,
he may ask the members who are for 'Aye' and those for 'No' respectively to rise in their
places and, on a count being taken, he may declare the determination of the House. In such
a case, the names of the voters shall not be recorded.
Division by automatic vote recorder
367A. (1) Where the Speaker directs under clause (c) of sub-rule (3) of rule 367 that
the votes be recorded by operating the automatic vote recorder, it shall be put into
operation and the members shall cast their votes from the seats respectively allotted to
them by pressing the buttons provided for the purpose.
(2) After the result of the voting appears on the indicator board, the result of the
Division shall be announced by the Speaker and it shall not be challenged.
(3) A member who is not able to cast his vote by pressing the button provided for the
purpose due to any reason considered sufficient by the Speaker, may, with the permission
of the Speaker, have his vote recorded verbally by stating whether he is in favour of or
against the motion, before the result of the Division is announced.
(4) If a member finds that he has voted by mistake by pressing the wrong button, he may
be allowed to correct his mistake provided he brings it to the notice of the Speaker
before the result of the Division is announced.
Division by distribution of 'Aye' and 'No' slips
367AA. (1) Where the Speaker directs under clause (c) of sub-rule (3) of rule 367 that
the votes shall be recorded by members on 'Aye' and 'No' slips, the Division Clerks shall
supply to each member at his seat, an 'Aye' or 'No' slip, according to the choice
indicated by him. A member shall record his vote on the slip by signing and indicating his
Division Number thereon.
(2) After the members have recorded their votes, the Division Clerks shall collect the
'Aye' and 'No' slips and bring them to the Table where the votes shall be counted by the
Officers at the Table and the totals of 'Ayes' and 'Noes' presented to the Speaker.
(3) The result of the Division shall be announced by the Speaker and it shall not be
challenged.
Division by going into Lobbies
367B. (1) Where the Speaker directs under clause (c) of sub-rule (3) of rule 367 that
the votes shall be recorded by the members going into the Lobbies, he shall direct the
'Ayes' to go into the Right Lobby and the 'Noes' into the Left Lobby. In the 'Ayes' or
'Noes' Lobby, as the case may be, each member shall state his Division Number and the
Division Clerk, while marking off his number on the Division List, shall simultaneously
call out the name of the member.
(2) After voting in the Lobbies is completed, the Division Clerks shall bring the
Division Lists to the Table when the votes shall be counted by the officers at the Table
and the totals of 'Ayes' and 'Noes' presented to the Speaker.
(3) The result of the Division shall be announced by the Speaker and it shall not be
challenged.
(4) A member who is unable to go to the Division Lobby owing to sickness or infirmity
may, with the permission of the Speaker, have his vote recorded either at his seat or in
the Lobby before the result of the Division is announced.
(5) If a member finds that he has voted by mistake in the wrong Lobby, he may be
allowed to correct his mistake, provided he brings it to the notice of the Speaker before
the result of the Division is announced.
(6) When the Division Clerks have brought the Division Lists to the Table, a member who
has not upto that time recorded his vote but who then wishes to have his vote recorded may
do so with the permission of the Speaker before the result of the Division is announced.
PAPERS TO BE LAID ON THE TABLE
Papers quoted to be laid
368. If a Minister quotes in the House a despatch or other State paper which has not
been presented to the House, he shall lay the relevant paper on the Table:
Provided that this rule shall not apply to any documents which are stated by the
Minister to be of such a nature that their production would be inconsistent with public
interest:
Provided further that where a Minister gives in his own words a summary or gist of such
despatch or State paper it shall not be necessary to lay the relevant papers on the Table.
Authentication and treatment of papers laid
369. (1) A paper or document to be laid on the Table shall be duly authenticated by the
member presenting it.
(2) All papers and documents laid on the Table shall be considered public.
Document containing advice or opinion disclosed to be laid
370. If, in answer to a question or during debate, a Minister discloses the advice or
opinion given to him by any officer of the Government or by any other person or authority,
he shall ordinarily lay the relevant document or parts of document containing that opinion
or advice, or a summary thereof on the Table.
[For rules relating to Committee on Papers laid on the Table, see Chapter XXVI of these
rules.]
OBJECTION TO VOTE OF A MEMBER ON GROUNDS OF PERSONAL, PECUNIARY OR DIRECT INTEREST
Objection to vote of a member
371. If the vote of a member in a division in the House is challenged on the ground of
personal, pecuniary or direct interest in the matter to be decided, the Speaker may, if he
considers necessary, call upon the member making the challenge to state precisely the
grounds of his objection and the member whose vote has been challenged to state his case
and shall decide whether the vote of the member should be disallowed or not and his
decision shall be final:
Provided that the vote of a member or members is challenged immediately after the
division is over and before the result is announced by the Speaker.
Explanation.- For the purposes of this rule the interest of the member should be
direct, personal or pecuniary and separately belong to the person whose vote is questioned
and not in common with the public in general or with any class or section thereof or on a
matter of State policy.
STATEMENT BY MINISTER
Statement by Minister
372. A statement may be made by a Minister on a matter of public importance with the
consent of the Speaker but no question shall be asked at the time the statement is made.
WITHDRAWAL AND SUSPENSION OF MEMBERS
Withdrawal of member
373. The Speaker may direct any member whose conduct is, in his opinion, grossly
disorderly to withdraw immediately from the House, and any member so ordered to withdraw
shall do so forthwith and shall absent himself during the remainder of the day's sitting.
Suspension of member
374. (1) The Speaker may, if he deems it necessary, name a member who disregards the
authority of the Chair or abuses the rules of the House by persistently and wilfully
obstructing the business thereof.
(2) If a member is so named by the Speaker, the Speaker shall, on a motion being made
forthwith put the question that the member (naming him) be suspended from the service of
the House for a period not exceeding the remainder of the session:
Provided that the House may, at any time, on a motion being made, resolve that such
suspension be terminated.
(3) A member suspended under this rule shall forthwith withdraw from the precincts of
the House.