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RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN ASSAM LEGISLATIVE ASSEMBLY Eleventh Edition ASSAM LEGISLATIVE ASSEMBLY SECRETARIAT DISPUR PREFACE TABLE OF CONTENTS CHAPTER I Short title and definitions: RULE   Short Title Definitions CHAPTER II Summons to Members, Seating, Oath or Affirmation and Roll of Members. Summons to Members Seating of Members Oath or Affirmation Roll of MemberS CHAPTER III Election of Speaker and Deputy Speaker and Panel of Chairmen. Election of Speaker by the Assembly Election of Deputy Speaker Panel of Chairmen Power of persons presidinG. A Delegation of powers to Deputy Speaker CHAPTER IV Sitting of the House. Hours of Sittings A When is Sitting of the House duly constituted Adjournment of House CHAPTER V Governor’s Address and Message to the Assembly. Governor ’s Address Scope of discussion and amendment Presentation of Motion of Thanks to Governor Other business that they may be taken up Government’s right of reply Time limit for speeches Governor ’s Address under Article 175(1) Message from Governor CHAPTER VI Arrangement of Business, Provisional Programme and List of Business (a) Arrangement of Business Arrangement of Government Business Precedence of Private Members’Bills A Precedence of Private Members Resolutions Allotment of time for Private Members Business and Precedence of Business Business outstanding at end of day (b) Provisional Programme and List of Business Provisional Programme List of Business CHAPTER VII Meeting, Quorum and Language of the Assembly Quorum Language of the Assembly Proceedings not invalid for failure to comply with rules A Correction of speech CHAPTER VIII (a) Questions Quorum Question Hour Period of Notice Form of Notice “Starred” and “Unstarred” Questions Supplementry Questions Limit of number of Questions Rotational allotment of days for Questions Conditions of admissibility of Questions Speaker to decide admissibility of Questions Speaker to decide if a question is to be treated a starred or unstarred Power to disallow questions List of questions Questions to Private Members Mode of asking questions Starred questions of absent members Answer to questions not put Withdrawal or postponement of questions Unanswered Starred questions Lapse of pending questions referred to members Prohibition of advance publicity of answer (b) Short Notice Questions Short notice questions CHAPTER IX Half-an-Hour Discussion on matters arising out of answers to questions Discussion on a matter of public importance arising out of answer to questions CHAPTER X Discussion on a matter of urgent public importance for short duration Notice of raising discussion Speaker to decide admissibility No formal motion Time limit for speeches CHAPTER XA Calling attention to a matter of urgent public importance CHAPTER XI Statement made by a Minister Statement by a Minister CHAPTER XII Motions for adjournment on a matter of public importance Motions for adjournments Restrictions on power to make motion Method of giving notice Motion for discussion on matters before tribunals, Commissions, etc. Mode of asking for leave to move adjournment motion Time for taking up motion Closure of debate Time limit for speeches CHAPTER XIII Legislation (a) Introduction Publication of Bills before introduction Notice of motion for leave to introduce Private Members Bills Publication of Bills before introduction Notice of motion for leave to introduce Private Members Bills Notice of Identical Bill Introduction of a Bill dependent on another bill pending before the House Financial memorandum and money clauses 40 Explanatory memorandum to bills delegating legislative powers Discussion of Governor’s Ordinance Statement in connection with Ordinances Motion for leave to introduce a bill Publication (b) Motions after introduction Motion after introduction Discussion of Bills-First Reading Persons by whom motions in respect of Bills may be made Procedure on report after presentation Scope of debate on report of Select Committee (c) Consideration and Amendment of Bills Notice of amendment Condition of admissibility of amendments Sanction or recommendation of the President or the Governor to be annexed to notice of amendment Communication of sanction or recommendation of President or Governor in respect of amendments to Bills Selection of new clause or amendments Arrangement of amendments Order of amendments-Second Reading Mode of moving amendments Withdrawal of amendments Submission of Bills, clause by clause Postponement of clause Consideration of Schedules Voting on group of clauses and Schedules Clause one, Enacting Formula, Preamble and Title of Bill (d) Adjournment of debate on Bill and withdrawal of Bills Adjournment of debate on Bills Withdrawal of Bills Explanatory statement by member who moves or opposes withdrawal motion (e) Passing of Bills Passing of Bills-Third Reading Scope of Debate Correction of patent errors Reconsideration of Bills returned by the Governor Reconsideration of Bills returned by the Governor Notice of motion for consideration of amendments Motion for consideration Scope of Debate Consideration of amendments Procedure on consideration of amendments Passing again of Bill Disagreement of the House with message CHAPTER XIV Petitions Scope of petitions General form of petition Authentication of petition . Documents not to be attached Counter signature Petition to be addressed to House Notice of presentation Presentation of petition Form of petition Reference to Committee on Petitions CHAPTER XV Resolutions Notice of resolutions and order of moving them Form of resolution Form and contents of resolution Ballot for determining relative precedence Speaker to decide admissibility of resolution Raising discussion on matters before tribunals etc Motion and withdrawl of resolutions Limit of discussion Amendments Notice of Amendments Time limit for speeches Withdrawal of resolution Resolution not discussed Splitting of resolution Repetition of resolution Copy to Government CHAPTER XVA Special Motions A. Special Motions to set precedence over other Motions CHAPTER XVI Motions Discussion on a matter of public interest by motions Notice of motion-Conditions of admissibility of motion Speaker to decide admissibility of motions- Time limit for speeches Motion for raising discussion on matters before tribunals, commissions, etc. CHAPTER XVII The Ministry No-confidence and resignation Motion of no-confidence in the Ministry Personal statement by Minister on resignation CHAPTER XVIII Removal of Speaker and Deputy Speaker Resolution of removal of Speaker and Deputy Speaker Leave of House to take up resolution Inclusion of resolution in the list of business Time limit for speeches CHAPTER XIX (a) Budget Presentation of Budget Discussion on the Budget Demands for Grants-Details of new scheme etc. to be supplied to members Stages of Budget debate (b) General Discussion General discussion, Right of reply by Finance Minister, Time limit for speeches (c) Demand for Grants Voting on Demands Cut Motions Conditions of admissibility of Cut Motions Speaker to decide admissibility of Cut Motion Notice of Cut Motions Votes on credit and exceptional grants Vote on account Supplementry, additional, excess and exceptional grants and votes on credit Scope of discussions on Supplementry grants Token grants (d) Appropriation Bill Appropriation Bill (e) Finance Bill Finance Bill Business that can be taken upon a day allotted for Financial Business Time limit for disposal of Financial business CHAPTER XIXA Budget Committee of the Assam Legislative Assembly A. Constitution of Budget Committee, function of the Committee CHAPTER XX Question of Privilege Breach of privilege how brought to the notice of the House A. Complaint by a member Notice of complaint of member Condition for the admissibility of a question of privilege Presentation of complaint Speaker to refer the matter to the Committee of Privilege Power of Speaker to give direction Breach of privilege how brought to the notice of the House A. Complaint by a member Notice of complaint of member Condition for the admissibility of a question of privilege Presentation of complaint Speaker to refer the matter to the Committee of Privilege Power of Speaker to give direction B. Complaint by a petition Complaint by petition C. Complaint by a Committee Complaint by a Committee Substantive Motion D. Special Procedure relating to complaint against Members Notice to Member complained against Member to be heard Withdrawal of Member concerned E. General Opportunity to person charged Summoning the party charged Punishment Groundless complaint Execution of order of the House Brevity of Debate Power of Speaker to refer question of privilege to Committee F. Intimation to Speaker of arrest, detention, etc. and release of a member Intimation to Speaker by Magistrate of arrest, detention, etc. of a member. Intimation to Speaker on release of a member Treatment of communication received from Magistrate G. Procedure regarding service of a legal process and arrest within the precincts of the Assembly Arrest within the precincts of House Services of legal process Treatment of communication received from Magistrate G. Procedure regarding service of a legal process and arrest within the precincts of the Assembly Arrest within the precincts of House Services of legal process CHAPTER XXI Subordinate Legislation Laying of regulation, rule, etc. on the Table Allotment of time for discussion of amendment Regulations, rule etc. as amended to be laid on the Table CHAPTER XXII Resignation and Vacation of Seats in the House Vacation of seats in House CHAPTER XXIIA Resignation and Vacation of Seats in the House Leave of absence from the sittings of the House Resignation of seats in Assembly CHAPTER XXIII Communication between the Governor and the Assembly Communication from the Governor to the Assembly Communication from the Assembly to the Governor CHAPTER XXIV Secret sitting of the Assembly Secret Sitting Report of the proceedings Procedure in other respects Lifting of ban of secrecy Disclosure of proceeding or decision CHAPTER XXV Assembly Committees (a) General Committee to include Assembly Committee Appointment of Committee Objection to the membership of Committee Term of office of Committee nominated by the Speaker Resignation from Committee Chairman of Committee Principal Secretary of the Committee Quorum Discharge of members absent from sitting of Committee Voting in Committee Casting vote of Chairman Power to appoint Sub-Committees Sittings of Committee Committee may sit whilst Assembly is sitting Sittings of Committee in private Venue of sitting All strangers to withdraw when Committee deliberates Power to take evidence or call for documents Power to send for persons, papers and records Counsel for witness Evidence on oath Procedure for examining witnesses Record of decision of Committees Evidence, report and proceedings treated as confidential Special report Report of Committee Availability of report to Government before presentation Presentation of report Printing, Publication or Circulation of report Prior to its presentation to Assembly Power to make suggestions on procedure Power of Committee to make detailed rules Power of Speaker to give directions Business before Committee not to lapse on prorogation of Assembly Unfinished work of Committee Applicability of general rules to Committees (b) Business Advisory Committee Constitution of Business Advisory Committee Functions of Committee Report of Committee Allocation of Time order Disposal of outstanding matter at the appointed hour Variation in the Allocation of Time order (c) Select Committee Composition of Select Committee Members other than members of Committee may be present at a meeting (d) Report by Select Committee Report of Committee Presentation of report Printing and Publication of report (e) Committee on Petitions Constitution of Committee on Petitions Function of Committee (f) Committee on Public Accounts Functions of Committee on Public Accounts Constitution of Committee (g) Committee on Estimates Functions of Committee on Estimates Constitution of Committee Examination of Estimates by Committee (h) Committee of Privileges Constitution of Committee of Privileges Examination of question by Committee Consideration of report Priority for consideration of report of Committee (h-i) Committee on Ethics (1) Constitution of committee (1) Functions (i) Committee on Subordinate Legislation Functions of Committee on Subordinate Legislation Constitution of Committee Numbering and publication of Orders Duties of Committee Report of Committee Power of Speaker to give direction (j) Committee on Government Assurances Functions of Committee on Government Assurances Constitution of Committee (k) Rules Committee Functions of Rules Committee Constitution of Committee Laying of Report on the Table (l) Committee on Public Undertakings Functions of Rules Committee Constitution of the Committee (m) Committee on the Welfare of Scheduled Castes and Scheduled Tribes C. Functions of the Committee on the Welfare of Scheduled Castes and Scheduled Tribes D. Constitution of the Committee (n) Constitutution of the Enquiry Committe of the House E. Constitution of the Committee (o) Committee on the Welfare of the Other Backward Classes and More Other Backward Classes F. Functions of the Committee G. Constitution of the Committee (p) Departmentally Related Standing Committee H. Standing Committee I. Constitution of the Committee J. Functions K. Applicability of provisions relating to function L. Procedure relating to Demands for Grants M. Report of the Committee N. Applicability of General Rules O. Venue of Sittings P. Power to have expert opinion Q. Matters not to be considered R. Reports to have persuasive value CHAPTER XXVI General Rules of Procedure Notices Notices by members Circulation of notices and papers to members Lapse of pending notices on prorogation of Assembly Motion, resolution or amendment moved not to lapse Speaker to amend notices of questions and motions etc. Motions Identical motions Withdrawal of Motion Procedure where motion debated and not withdrawn Adjournment of debate on motion Dilatory motion in abuse of the rules of House Amendments Rules as to amendments Selection of amendment Order of amendments Division of motions Rules to be observed by Members Rules to be observed by members A. Minister to remain in the House when his Portfolio is discussed Members to speak when called by Speaker Mode of addressing the House Rules of debate Procedure regarding allegation against a person Questions to be asked through the Speaker Irrelevance or repetition Personal explanation Order of speeches and right of reply Order of speeches and right of reply Mover’s reply concludes debate Address by Speaker Address by Speaker Procedure when Speaker rises Procedure when Speaker rises Closure Closure Limitation of debate Question for decision Closure Procedure for obtaining decision of the House Proposal and putting of question No speech after voices collected Division Division Papers quoted to be laid on the Table Papers quoted to be laid on the Table Treatment of papers laid on the Table Procedure when a Minister discloses sources of Advice or Opinion given to him Procedure when a Minister discloses sources of Advice or Opinion given to him Objection to vote of a member on grounds of personal, pecuniary or direct interest Objection to vote of a member Withdrawal, Naming and Suspension of Members Withdrawal Naming and Suspension of a Member Suspension of Sitting Suspension of Sitting Points of Order Points of Order and decisions thereon Raising a matter which is not a point of order Conditions of Admissibility Time for tabling notices and their validity Restrictions on raising matters Maintenance of Order Speaker to preserve order and enforce decisions Report of Proceedings Proceedings of the Assembly Expunction of words from debates Indication in printed debates of expunged proceedings Printing and Publication of Assembly Papers Printing and Publication of Assembly papers Custody of Papers Custody of Papers Other Duties of Principal Secretary Other duties of Principal Secretary Chamber of the Assembly Restriction of use on Chamber of Assembly Admission of Strangers Admission of Strangers Power to order withdrawal of Strangers General Purpose Committee A. Admission of Strangers A(ii) Power to order withdrawal of Strangers Act Implementation Committee B. Constitution of the Committee C. Functions of the Committee House Committee House Committee Committee on Welfare of Women and Children A (1) Constitution of the Committee A (2) Fuctions of the Committee Employment Review Committee B (1) Constitution of the Committee C Functions of the Committee Library Committee Constitution CHAPTER XXVII Interpretation of Rules Interpretation Residuary Power Suspension of Rules SCHEDULE INDEX