Jammu and Kashmir Praja Sabha Rules of Business and Procedure,1939
DURATION AND SESSION OF THE PRAJASABHA
6. Summoning of Praja Sabha and dates of meeting:
i. The Secretary will issue a notice to each member of the time and place at which the Praja Sabha is summoned by His Highness and such notice shall be issued sixty clear days before the date for which the Praja Sabha is summoned.
ii. After the commencement of a session the Praja Sabha shall sit on such days as the Prime Minister, having regard to the State of business, may from time to time direct.
7. Termination of the Session …. (l) A session of the Praja Sabha is terminated by progation by His Highness. (2) On the termination of a session
a. all pending notices shall lapse so that a member will be required to send new notices in regard to business for the next session;
b. any bill which has been introduced, and any motion for the amendment of the standing orders, which has received the leave of the Praja Sabha, shall be carried over to the pending list of business of the next session:
that if the member-in-charge of a bill makes no motion in regard to the same during the next two sessions, the bill shall lapse.
8. Effect of dissolution…on the dissolution of the Praja Sabha all questions and all bills other then Government bills shall lapse excepting as may be provided for by standing orders made in this behalf.
THE PRESIDENT, THE DEPUTY PRESIDENT AND THE SECRETARY
9. Election of the Deputy President…the Praja Sabha shall choose a Deputy President in the following manner:
1. The President shall fix a date for elector of the Deputy President.
2. At any time before noon on the day preceding the date so fixed, any member may nominate another member for election by delivering to the Secretary a nomination paper containing the name of the member nominated and signed by himself as proposer and by a third member as seconder and also by the member nominated in token of his consent to serve as Deputy President, if elected.
3. On the date fixed for election the President shall read out to the Praja Sabha the names of the candidates nominated together with those of their proposers and seconders; and if only one person has been nominated for election, the President shall declare that person to be duly elected. If more than one person has been nominated, the Praja Sabha shall then proceed to elect a Deputy President by ballot.
4. The ballot shall be taken in such manner as the President may determine and the candidate, who obtains more votes than those obtained by the other candidate, or than the aggregate of the votes obtained by the other candidates, as the case may be, shall be declared duly elected.
5. Where more than two candidates have been nominated and at the first ballot no candidate obtain more votes than the aggregate votes obtained by the other candidates, the candidate who has obtained the smallest number of votes shall be excluded from the election, and fresh ballot shall take place, the candidate obtaining the smallest number of votes at each ballot being excluded from the election, until one candidate obtains more votes than the remaining candidates, or than the aggregate votes of the remaining candidates, as the case may be.
6. Where at any ballot any of three or more candidates obtain an equal number of votes the candidate to be excluded from the election under clause (5) shall be determined by drawing of lots.
7. Where any two candidates have been nominated and they obtain equal votes, or where the two candidates remaining after the exclusion of others under clause (5) obtain equal votes, the President shall give his casting vote and the candidate in whose favour such casting vote is given shall be declared duly elected.
A. INTRODUCTION OF BILLS
62. Publication of bills before introduction…The Council may order the publication of any bill together with the statement of objects and reasons in the gazette although no motion has been m,ade for leave to introduce the bill. In that case it shall not be necessary to move for leave to introduce the bill and if the bill is afterwards introduced, it shall not be necessary to publish it again.
63. Notice of a motion for leave to introduce bill….(l) Any member, other than a member acting on behalf of the Council, desiring to move for leave to introduce a bill, shall give notice of his intention to do so and shall together with the notice, submit a copy of the bill and a full statement of objects and reasons….(2) If the bill is a bill which under the Act requires sanction, the member shall annex to the notice a copy of such sanction, and the notice shalt not be valid until this requirement is complied with.
64. Effect of certification by Prime Minister….If the Prime Minister certifies that a bill or any clause of a bill or any amendment to a bill affects the safety and tranquility of the State, or any part of it, and directs that no proceedings or no further proceedings shall be taken thereon, all notices of motions in connection with the subject matter of the certificate shall lapse and if any such motion has not already been set down in the list of business, it shall not be so set down. If any such motion has been set down on the list of business, the President shall, when the motion is reached, inform the Praja Sabha, and the Praja Sabha shall forth well without debate proceed to the next item of business.
65. Motion for leave to introduce a bill…. (l) Except when the publication of a bill has been made as provided in rule 62, any member desiring to introduce a bill in the Praja Sabha shall make a motion for leave to introduce the bill and if the motion is not opposed by any other member, the motion shall be deemed to have been carried…(2) The precedence of motions for leave to introduce nonofficial bills shall be determined by ballot to be held in accordance with the rules contained in Schedule I.
66. Procedure when motion for leave to introduce is opposed …lf a motion for leave to introduce is opposed, the President, after permitting, if he thinks fit, a brief explanatory statement from the member who moves and from the member who opposes the motion, may put the question without further debate.
67. Introduction of bills….At any time after a bill has been published in the gazette under orders of the Council as provided in rule 62, or after the motion for leave to introduce has been carried, the member-in-charge of the bill may introduce it.
68. Publication of the bills after introduction….As soon as may be after a bill has been introduced, the bill, unless it has already been published, shall be published in the gazette.
69. Supply of copies to members….After a bill has been published under rule 62 or under the preceding rule, copies thereof shall be made available to the members.
70. Motions alter introduction….When a bill is introduced or on some subsequent occasion the member-in-charge may make one of the following motions in regard to the bill, namely:
a. that it be taken into consideration by the Praja Sabha either at one or at some future day to be then specified; or
b. that it be referred to a Selection Committee; or
c. that it be circulated for the purpose of eliciting opinion thereon.
Provided that no such motion shall a be made until after copies of the bill have been made available for the use of members, and that any member may object to any such motion being made unless copies of the bill haste been so made available to him for three dales before the day on which the motion is made, and such objection shall prevail, unless the President in the exercise of his power to suspend this rule, allows the motion to be made.
71. Persons by whom motions in respect of bills may be made….No motion that a bill be taken into consideration or be passed shall be made by any member other than the member-in-charge of the bill, and no motion that a bill be referred to a Select Committee, or circulated, or re-circulated for the purpose of eliciting opinion thereon, shall be made by any member other than the member-in-charge, except by way of amendment to a motion made by the member-incharge.
72. Discussion of principles of bills….(l) On the day on which any of the motions referred to in rule 70 is made, or on any subsequent day to which the discussion thereof is postponed, the principle of the bill and its general provisions may be discussed, but the details of the bill must not be disc cussed further than is necessary to explain its principle…(2) At this stage no amendments to the bill may be moved, but;
a. if the member-in-charge moves that the bill be taken into consideration, any member may move as an amendment that the bill be referred to a Select Committee or be circulated for the purpose of eliciting opinion thereon by a date to be specified in the motion; or
b. if the member-in-charge moves that the bill be referred to a Select Committee, any member may move as an amendment that the bill be circulated for the purpose of eliciting opinion thereon by a day to be specified in the motion
3. When a motion that the bill be circulated for eliciting opinion is moved as an amendment and is carried no motion that it be referred to a Select Committee shall be moved or put to vote; and When a motion that the bill be referred to a Select Committee is made as an amendment and is carried, no motion that it be circulated for eliciting opinion shall be moved or put to vote.
4. Where a motion that a bill be circulated for the purpose of eliciting opinion thereon is carried, and the bill is circulated in accordance which that direction and opinions are received thereon, the member-in-charger if he wishes to proceed with his bill thereafter, must move that the bill be referred to a Select Committee, unless the President in the exercise of his power to suspend this rule, allows a motion to be made that the bill be taken into consideration.
73. Provision in case of failure of Praja Sabha to pass legislation where a declaration has been made under section 34 of the Act in respect of a bill, any motion made in regard to such bill shall be deemed to have been with drawn.
B. SELECT COMMITTEES
74. Constitution of Select Committees….The Minister to whose Department the bill relates and not more than eight other members, including in the case of a private bill the member who introduced the bill, shall be members of every Select Committee, provided that when any members have been nominated under subsection (7) of section 14 of the Act for the purpose of the bill, they shall be ex-officio members of the Select in Committee addition to the number above referred to.
75. Election of members….(l) The members of the Select Committee other than the Minister and the member-incharge if any, shall be elected by the Praja Sabha when the motion that the bill be referred is made. (A there is no opposition to the names proposed, all the members proposed will be deemed to be duly elected. In case any member objects to the name of a particular member and desires his substitution by another member, the President shall put the question to the vote of the House and the member elected by majority of votes shall be the duly elected member.
76. Vacancy on the Select Committee… (1) In case of a vacancy occurring among the elected members of a Select Committee when the Praja Sabha is in session, the Praja Sabha may elect a member to fill the vacancy. (2) In case thevacancy occurs through death, resignation, inability to attend to duty or otherwise at a time when the Praja Sabha is not sitting, and the appear matters to be urgent, the President, may appoint any member to fill such vacancy.
77. Chairman….The Minister-in-charge of the Department to which the bill relates shall be the Chairman of the Select Committee, or in his absence, any other member of the Committee whom he may nominate shall act as Chairman.
1. No business shall be transacted at any sitting of the Select Committee unless a majority of the members of the Committee including the member-in-Charge of the bill be present. All matters in the Select Committee shall be decided by majority of votes of the members at a meeting and in the case of an equality of votes the Chairman shall haven second or casting vote.
2. If at any time fixed for any meeting of the Select Committee, or if at any time during, such meeting the quorum of members, fixed by this rule is not present. the Chairman of the Committee shall either suspend the meeting unless the quorum is present or adjourn the Committee to some future date.
3. Where the Select Committee has been adjourned in pursuance of sub-rule (2) on two successive days fixed for the meetings of the Committee, the Chairman shall report the fact to the Praja Sabha.
74. Attendance of officials….The Chairman of the Select Committee may cause any official to attend a Select Committee whose assistance he may require but such officials hall not have a vote as a member of the Committee.
75. Hearing expert evidence – The Select Committee may hear expert evidence and reparesentative of special interests affected by the measure before them.
76. Reports of Select Committee:
1. After publication in the gazette of a bill as required by the rules, the Select Committee to which the bill has been referred shall make a report thereon.
2. Such report shall be made not-sooner than two months from the date of the first publication of the bill in the gazette unless the Praja Sabha orders the report to be made sooner.
3. Reports may be either prelirrlinary or final, and shall be authenticated by the signature of the Chairman.
4. If the Praja Sabha has fixed a period within which the Select Committee shall submit its report upon be unable for any reason to submit its report within that period, the President, may, from time to time, extend period on the application of the member-incharge of the bill.
5. The report of a Select Committee shall state the date on which the bill was published in the gazette and whether in the opinion of the Committee the bill has been so altered as to require republication or not. The report shall be signed by the members and if any member desires to record a minute of dissent on any point, he must sign the majority report, stating that he does so subject to his minute of dissent which must be handed over to the Chairman within 3 days of the date on which he signs the report.
6. The report of a Select, Committee together with the minutes of dissent, if any, and the amended bill where republication of the bill is considered necessary shall be published in the gazette by the Secretary of the Praja Sabha and a copy of the report shall be made available for the use of every member of the Praja Sabha.
74. President’s power to order reprint: If a Select Committee has reported that the bill in their judgement does not require republication, the President, if he considers. that for the purpose of facilitating the discussion of the bill in the Praja Sabha a reprint of the amended bill is required he may direct that the bill as amended by the Select Committed be reprinted and copies of the reprinted bill be supplied to members of the Praja Sabha.
75. Presentation of the report:
1. The report of a Select Committee shall be presented to the Praja Sabha by the member-in-charge of the bill.
2. In presenting the report the member-in-charge shall, if he makes any remarks, confine himself to a brief statement of facts, but there shall be no debate at this stage.
84. Procedure after presentation: (1) After the presentation of the final report of a Select Committee on a bill, the member-in-charge may move:
a. that the bill as reported by the Select Committee be taken into consideration, provided that any member of the Praja Sabha may object to its being so taken into consideration, if a copy of the report has not been made available for his use for seven days and such objection shall prevail, unless the President, in the exercise of his power to suspend this rule allows the report to be taken into consideration; or
b. that the bill as reported by the Select Committee he recommitted either:
i. without limitation; or
ii. with respect to particular clauses or amendments only; or
iii. with instructions to the Select Committee to make some particular or additional provision in the bill.
(2) If the member-in-charge moves that the bill be taken into consideration, any member may move as an amendment that the bill be re-committed.
95. Notice of resolutions…A member who proposes to’ move a resolution shall give to the Secretary notice in writing of his intention and shall submit together with the notice a copy of such resolution. Provided that a member shall not give notice of more than two resolutions per day of the days assigned for non-official resolutions.
96. Form and content of resolutions….No resolution shall be admitted unless it complies with the following conditions, namely:
1. It shall be related to a matter of general public interest which is within the competence of the Council to deal with.
2. It shall be in the form of a specific recommendation addressed to the Council.
3. It shall be clearly and precisely expressed and shall raise substantially a definite issue.
4. It shall not contain arguments, inferences, ironical expressions or defamatory statements, nor shall it refer to the conduct or character of persons except in their official or public capacity.
5. It shall not relate to any matter which is under adjudication by a court of law.
95. Admissibiltty of resolutions….The President shall decide on the admissibility of a resolution. If a resolution does not in his opinion comely with the Act or the rules, he may disallow it or may, give the member an opportunity to amend the form of a resolution to bring it into conformity with the rules. If the defect is of a purely verbal or formal character the President may himself amend the resolution and admit it. The ruling of the President as to whether any resolution complies with the rules or not shall be finch
96. Intimation to members….The Secretary shall give intimation to the members that the resolution has been admitted or disallowed or allowed as amended by the President as the case may be.
97. Priority of resolutions on the list of business….Tl:e resolutions which have not been disallowed by the President shall be entered in separate lists of each day allotted to non-official resolutions and the priority of resolutions for purpose of discussion shall be determined by a ballot to be held by the Secretary: Provided that no member shall ballot for more than one resolution for one day and not more than seven resolutions shall be entered in the list of resolutions for one day.
98. Motion and withdrawal of resolutions…. (1) If any member in whose name a resolutions stands on the list of business when called on is absent the resolution shall be deemed to have been withdrawn.
1. If a member in whose name a resolution stands in the list of bossiness is called on to move it he may with permission of the President authorise any other member in whose name the same resolution stands also in the list of business: for that day, to move it on his behalf and the member so authorised may move accordingly.
2. When a member moves a resolution he shall commence his speech by a formal motion in the terms appearing on the list of business.
101. Duration of speeches on a resolution except with the permission of the President, shall exceed fifteen minutes in duration:
Provided that the mover of a resolution, when moving the same, and the Minister to whose department the resolution relates, or his Under-Secretary or any official member authorised by Minister to speak on his behalf when speaking for the first time, may speak for thirty minutes, or for such longer time as the President may permit.
95. The limit of discussion. The discussion of a resolution shall be strictly limited to tile subject of a resolution.
96. Seconding of resolutions….As soon as a resolution has been moved, it shall be seconded by another member, and no discussion shall be permitted on a resolution which is not so seconded.
97. Amendments and their notice….After a resolution has been moved, any member may, subject to the rules and standing orders relating to resolutions, move an amendment to the resolution.
98. Notice of amendments….(l) If notice of such amendment has not been given two clear days before the day of on which the resolution is moved, any member may Object to the moving of the amendment, and such objection shall prevail, unless the President, in the exercise of his power to suspend this rule allow the amendment to be moved.
The Secretary shall, if time permits, cause a copy of every amendment to be made available for the use of every member.
The Annual Financial Statement….A statement of the estimated annual expenditure and revenue of the State(hereinafter referred to as the “Annual Financial Statement”) shall be presented, each year, to the Praja Sabha on such day as the Prime Minister may appoint.
Note: – The estimated annual expenditure and revenues of the Jagirs of Poonch and Chenani shall be shown separately.
112. Financial Statement not to be discussed on presentation. There shall be no discussion of the Annual Financial Statement on the day on which it is presented to the Praja Sabha.
113. Demand for Grant….
1. A separate demand shall) ordinarily be made in respect of the grant proposed for each department, provided that the Government may in their discretion include in one demand grants proposed for two or more departments, or make a demand in respect of expenditure which cannot readily be classified under particular departments.
2. Each demand shall contain, first a statement of the total grant proposed, and then a statement of the detailed estimate under each grant divided into items.
3. Subject to these rules, the annual financial statement shall be presented in such form as the Council may consider best fitted for its consideration by the Praja Sabha.
114. Stages of the debate. . .. The Annual financial statement shall be dealt with by the Praja Sabha in two stages, namely:
(1) a general discussion; and (2) the voting of demands for grants.
112. General discussion….
1. On a day to be appointed by the Prime Minister subsequent to the day on which the annual financial statement is presented and for such time as the Prime Minister may allot for this purpose the Praja Sabha shall be at liberty to discuss the statement as a at whole, or any question of principle involved therein, but this stage no motion shall be moved, nor shall the statement be submitted to the vote of the Sabha.
2. The Minister-in-Charge of the Finance Department of any official member authorised by the Prime Minister shall have a general right of reply at the end of the discussion.
3. The President may, if he thinks, fit, prescribe a time limit for speeches.
112. Voting Grants….
1. The voting of demands for grants shall take place in such order, and on such days not exceeding six days in the aggregate, as the Prime Minister may allot for the purpose.
2. The Prime Minister shall fix a time limit for the discussion of any one demand or a group of demands. As soon as the maximum limit of time for discussion is reached, the President shall forthwith put every question necessary to dispose of the demand under discussion.
3. On the last day of the allotted days at 4 p.m. the President shall forthwith put every question necessary to dispose of the demand under discussion and all other outstanding demands for grants.
112. Motions at this stage…
1. When a demand for a grant is made motions may be moved to omit or reduce the grant, but not to increase or alter its destination.
2. When notice of a motion to omit or reduce any grant is given, it shall be accompanied by a brief note explaining the purpose of the motion.
3. The subject-matter of a motion shall relate only to the particulars contained in the estimates on which the grant is demanded and the purpose for which it is demanded, and shall not touch on the policy or expenditure sanctioned under other heads except so far as such policy or expenditure is brought before the Praja Sabha by the items contained in the grant.
4. A motion shall be clearly and definitely expressed and shall raise a definite issue.
5. (a) When several motions relating to the same demand are offered, they shall be discussed hi the order in which the heads to which they relate appear in the annual financial state meet.(b) Motions falling under the same shall head shall be discussed in the order in which notices thereof halve been received by the Secretary:
Provided that the President may in his discretion permit a departure from this sub-rule.
112. Notice of motions…lf notice of a motion to omit or reduce any grant has not been given four clear days before the day on which the demand is under consideration, any member may object to the moving of the motion and such objection shall prevail unless the President in the exercise of his power allows the motion to be made at shorter notice.
113. Intimation to Finance Department…When the Praja Sabha has refused its assent to any demand or has assented to any demand subject to a reduction of an amount specified therein the Secretary shall send an intimation of the same to the Finance Department.
124. Appointment of the Standing Committees…Standing Committees may be constituted for all or any of the following departments:
(iii) Public Health
(vi) Forest; and
1. Every committee so constituted shall consist of the Minister-in-charge of the department concerned and 6 non-official members of the Praja Sabha as the President in consultation with the Prime Minister and leaders of different groups in the Praja Sabha may select.
2. Selection of non-official members…The President shall during the currency of the budget session of the Praja sabha make the section of non-official members for a Standing Committee on receipt of a request to that effect from the Minister-in-charge of the department concerned.
3. The list of non-official members selected by the President shall be put on the Notice-board of the Praja Sabha. Within two days of the list being so put up any non-official members of the Praja Sabha may move a resolution for the removal of any name appearing on the list and the substitution of the name of any other non-official member not appearing on the list.
126. Chairman…The Minister-in-Charge of the department concerned shall be the Chairman of the Standing Committee.
127. Proceedings of Standing Committee shall not be disclosed by any member without the leave of the Chairman and no reference to the proceedings shall be made in the Praja Sabha except in so far as they have been disclosed with the leave or under the orders of the Chairman.
Vacancies…The President shall nominate members to fill vacancies as they occur amongst the non-official nonofficial members of the Standing Committees. In making his selection the President shall endeavour to give representation to the group previously represented by the November whose place has to be filled.