(ninth edition) · legislative assembly few amendments have been carried out in himachal pradesh...

Directions by the Speaker

(Authoritative Text in English Language)

(Ninth Edition)

Himachal Pradesh Legislative Assembly Secretariat

Shimla-4

January, 2017

Price Rs.150/-

© H.P. Legislative Assembly Secretariat, Shimla.

PREFACE

In pursuance of rule 346 and other provisions of Rules of

Procedure and Conduct of Business Himachal Pradesh Legislative

Assembly and under the inherent powers, the Speaker, Himachal Pradesh

Legislative Assembly has issued Directions from time to time for

regulating, subject to the provisions of the rules certain matters not

specially provided for in the rules and also certain matters relating to

detailed working of the rules.

So for eight editions of these Directions have been brought out. In

the year 2014 in the wake of implementation of e-vidhan system in State

Legislative Assembly few amendments have been carried out in Himachal

Pradesh Legislative Assembly Rules of Procedure and Conduct of Business.

Now these directions have been made as per the rules. As a result thereof,

ninth edition is being published for the convenience of Hon'ble Members

and those interested in the legislative procedures & practices.

This ninth edition of the Directions has been divided into two parts.

The first part deals with the Directions whereas the second part contains

various formats for the convenience of the Members for raising issues in the

House under different rules.

I hope, the Hon'ble Members and those interested in the legislative

procedures & practices would be benefited from this publication.

Sunder Singh Verma,

SHIMLA-171004 : Secretary.

January, 2017.

ii

CONTENTS

CHAPTER-I

Direction Number Pages

OATH OR AFFIRMATION

1. Oath or Affirmation by members elected to 1

Himachal Pradesh Legislative Assembly

CHAPTER-II

ARRANGEMENT OF BUSINESS BEFORE THE HOUSE

2. Relative Precedence of different classes of business 2

CHAPTER-III

(A) BALLOT OF PRIVATE MEMBERS' RESOLUTIONS AND BILLS

3. Day of ballot 3

4. Presence of member 3

5. Method of ballot 3

6. Result of ballot 3

7. Application of procedure also to Private Members' Bills 3

(B) GOVERNMENT'S RESOLUTIONS

8. Statutory Resolution 3

CHAPTER-IV

QUESTIONS

9. Notice of questions 4

10. Consolidation of questions on same or allied subject 4

11. Placing of questions for oral answer in the list 4

of questions in rounds.

12. Laying of advance copies of replies on the Table 4-5

of the House.

iii


13. Answering together of starred questions on the same or 5

allied subject appearing in day's Starred Question's List

14. Printing of questions in proceedings 5

15. Postponement of questions 5

16. Procedure for Ministers correcting answers relating to 5-6

starred/short notice questions

17. Procedure for Ministers correcting answers of 6-7

Unstarred Questions

18. Advance copies of statements by Ministers correcting 7

answers and procedure after statements made

19. Short Notice Question 7

20. Time-limit for sending replies of questions 7

21. Dispensing with question hour 8

CHAPTER-V

HALF AN HOUR DISCUSSION

22. Laying of statement in reply 9

CHAPTER-VI

LEGISLALTION

(A) INTRODUCTION AND PUBLICATION OF BILLS

23. Notice of motion for leave to introduce Government Bills 10

24. Prior circulation of Bills for introduction 10

25. Giving of authority for introduction of Bills 10

26. Giving of authority to another member to pilot 10-11

a Bill after introduction.

iv


(B) AMENDMENT TO BILLS

27. Form of questions from the Chair to add a new clause 11

to a Bill.

(C) PROCEDURE FOR CARRYING OUT OF CORRECTIONS IN

BILLS

28. Procedure for carrying out of corrections in Bills 11

(D) CORRECTION OF PATENT ERRORS

29. Procedure for incorporating corrections in the printed 11

debate.

(E) WITHDRAWL AND REMOVAL OF BILL

30. Advance intimation to members regarding 12

withdrawal of Government Bill.

31. Removal of a pending Bill from the Register of Bills 12

CHAPTER-VII

PETITIONS

32. Examination and presentation 13

33. Defective petition is to be withdrawn 13

34. Inadmissibility of petitions 13

35. Report on petition 13

CHAPTER-VIII

MOTIONS

36. Classification of motions 14-15

37. Member to be shown in proceedings as mover 15

38. Amendment or cut motion moved but not put 15

to the vote of the House.

v


39. Treatment of amendment or motion moved but not 15

pressed.

40. Order of putting substitute motions to vote 15-16

41. Motion for reference of a Bill to a Select Committee 16

42. Withdrawal of private members' Bill 16

CHAPTER-IX

CALLING ATTENTION

43. Procedure when two calling attention notices admitted 17

for a day.

CHAPTER-X

RESIGNATION AND VCATION OF SEATS IN THE HOUSE

44. Resignation of seats in the House 18

CHAPTER-XI

COMMITTEES OF THE HOUSE

(A) GENERAL DIRECTCIONS APPLICABLE TO HOUSE

COMMITTEES

45. Committee of the House 19

46. Applicability of general directions to House 19

Committees.

47. Venue of sittings 19

48. Postponement of sittings for want of quorum 19

49. Attendance Register 19

50. Speaker's permission for remaining absent in 19

Committee's sittings.

51. System of speaking in Committee 19-20

vi


52. Personal, pecuniary or direct interest of members 20

53. Putting of question to Vote 20

54. Reopening of question 20

55. Proceedings and documents treated as confidential 20

56. Procedure regarding Sub-committees 20-21

57. Evidence of experts and related parties 21

58. Evidence of witnesses to be treated as public 21

59. Evidence of government officials before a Committee 21

60. A Central Government or other State Government 22

Official not to be summoned to appear as witness

without Speaker's orders.

61. Consideration of memoranda supplied by witnesses 22

62. Mode of examination of witnesses 22

63. Mode of addressing communications on matters 22

before Committees.

64. Procedure for presenting views of departments to 22

Speaker.

65. Expunction from documents presented to Committees 22-23

66. Verbatim proceedings 23

67. Minutes 23

68. Laying of minutes on the Table of the House 23-24

69. Reports 24

70. Circulation and consideration of draft report 24

71. Mention of evidence in the report 24

vii


72. Presentation of a report of Committee to the 25

Speaker under rule-233.

73. Power of Chairman of a Committee/Sub-Committee 25

to correct patent errors or matters of factual nature in

the report.

74. Circulation of reports 25-26

75. Publication of report of a Committee after circulation 26

to members.

76. Action taken on recommendations of Estimates 26-27

Committee or Committee on Public Accounts

or Committee on Public Undertakings.

77. Implementation of assurances given by Minister on 27-28

the floor of the House.

(B) NOMINATION OF CHAIRMAN AND MEMBERS OF HOUSE

COMMITTEES ON COMMITTEES CONSTITUTED BY

GOVERNMENT

78. Nomination of Chairmen/Members of the House 28

Committees in the Governments' Committees

(C) GENERAL DIRECTIONS FOR THE COMMITTEE

79. Minister not to be called before the Committee 28-29

80. Functions of the Committee on Subordinate Legislation 29

81. Examination of Bills referred to Committee by Speaker 29

82. Supply of material by departments or other authorities 29

83. Procedure for examination 30

84. Circulation of memoranda 30

85. Seating arrangement in the Committee and Sub- 30-31

Committee and other related matters.

viii


(D) RULES TO BE OBSERVED DURING EVIDENCE

86. Rules to be observed by witnesses (including 31-32

government officials) appearing before the

Committees and Sub-Committees of the House.

(E) GUIDELINES FOR TOURS OF THE COMMITTEES

87. Tours of Committees and Sub-Committees 32-33

(F) SELECT COMMITTEE ON BILLS

88. Memoranda/representation addressed to Select Committee 33

89. Notice and admissibility of amendments 33-34

90. No general discussion on the Bill 34

91. Clause by Clause discussion of the Bill 34

92. Consideration of draft report and Bill as amended 34

93. Speaker to be kept informed of Committee's progress 34

94. Extension of time for presentation of report 34

95. Submission of memoranda on a Bill 34-35

96. Petitions on Bills stand referred to the Select Committee 35

97. Action Taken on petitions etc. to be stated in the report 35

98. Pattern of report of Committee 35

99. Minute of dissent 35

100. Date of minute of dissent 35

101. Minute of dissent from a member who remained 35

absent from the sittings of the Committee.

102. Committee to be informed of direction 101 35

103. Minute of dissent to be given after adoption of the report 36

ix


104. Minute of dissent not acceptable after the presentation 36

of the report.

105. Expunction from minute of dissent 36

106. Documents and circulation of reports 36

107. Circulation of reports 36

108. Guidelines for the introductory paragraphs of a 36-37

Select Committee Report.

CHAPTER-XII

GENERAL DIRECTIONS

109. Procedure of giving notice 38

110. Notices of amendments to Bills or Resolutions 38

111. Lapsing of notice by member when appointed as 38

Minister.

112. Notices of suspended members 38

113. Giving of notices before taking an oath or affirmation 38

114. Time limit for notices 38

115. Time for notices 38-39

116. Procedure for giving notices of Short Duration 39

Discussions and Motions.

117. Inadmissible notices 39

118. Procedure for Ministers correcting a mistake and 39

inaccuracy in statements made in debate.

119. Papers to be laid on the Table and entry thereof in 39

the list of business.

120. Procedure for laying of papers by private members 40

x


121. Authentication of papers to be laid by private members 40

122. Advance intimation and copy of statement by a Minister 40-41

(A) PROCEEDINGS OF THE HOUSE


124. Availability of the proceedings of the House 42

125. Procedure for making allegations against Members/ 42

Ministers in the House.

126. Annual administrative reports 42-43

127. Sessions and sittings of the House 43

128. Furnishing of copies of papers, documents etc. 43

for circulation to members.

129. Copies of Notices received from members 43

and copies of resolution/motions passed

by the House to be made available to the

Secretaries of concerned departments.

130. Effect of suspension 43

(B) RECOGNITION AND FACILITIES TO LEGISLATURE PARTIES

AND LEADER OF OPPOSITION

131. Recognition of party 43

132. Condition for recognition 44

133. Recognition to Leader of opposition 44

134. Facilities to Parties 44

135. Facilities to Leader of opposition in the precincts 45

136. Certain facilities to association of members not 45

recognized as Party or Alliance.

137. Circulation of papers and publications received 45

from departments and other authorities.

xi


138. Special mentions under Rule-324 46

139. Precincts of the Legislative Assembly Estates 46

140. Maintenance of order within the Legislative Assembly 47-48

Precincts.

(C) MISTAKE OR INACCURACY IN THE STATEMENTS MADE IN

THE HOUSE

141. Procedure for pointing out mistake or inaccuracy 48

in statements made by Ministers or Members.

(D) METHODS FOR PARTICIPATION IN DEBATE

142. Methods for participation in debate and selection of 48-49

speakers.

143. Personal explanation by Member 49

(E) RECORD

144. Procedure for submission of record when appearing 49-50

before court of law to give evidence.

145. Restriction on taking arms, tape recorders and mobile 50

phones in the Chamber of the House.

146. Restriction on taking arms within the precincts of 50

the House.

147. Service of summons to the members 50

(F) PRESENCE OF MEMBERS

148. Presence of members and daily allowance 50

149. Annual Administrative Report of Himachal 51

Pradesh Staff Selection Commission

150. Laying of Rules framed under Article 166 (3) 51

of the Constitution.

xii


SCHEDULES

FIRST SCHEDULE

1. Form of oath or affirmation to be made by a member 52


before Speaker Pro tem.


before the Speaker.

4. Nomination form for the election of Speaker and 55

Deputy Speaker.

5. Form for Short Notice Question 56

6. Form for Starred Question 57

7. Form for Unstarred Question 58

8. Form for intimation regarding consolidation of questions 59

9. Form for replies of Short Notice/Starred/Unstarred 60

questions.

10. Form for Half-An-Hour discussion 61

11. Form for Calling Attention 62

12. Notice form for Short Duration Discussion 63

13. Form for Adjournment Motion 64

14. Form for Resolution 65

15. Form for Rule 117 or 130 66

16. Form for Rule 324 67

17. Form for Bills 68

18. Form for Amendments to Bills 69

19. Form of Cut Motions for Disapproval of Policy 70

xiii


20. Form of Cut Motions for Economy cut 71

21. Form of Cut Motions for Token cut 72

22. Form for Amendments on motion of thanks 73

on Governor's Address.

23. Form for Petition 74

24. Acknowledgement form of the receipt of petition 75

25. Form for report on petition by the Secretary 76

26. Form for Communication of arrest, detention, 77-78

conviction and release etc. of a member.

SECOND SCHEDULE

1. List of Public Undertakings 78

APPENDIX

Statement showing the subject matter of directions 79-87

issued by the Speaker and printed in this compilation

together with references to rules under which these

directions have been issued.

CHAPTER-I

OATH OR AFFIRMATION

1. Oath or affirmation by members elected to Himachal Pradesh

Legislative Assembly.—(1) As soon as a member is declared elected he is entitled

to take his seat in the House subject to his making and subscribing an oath or

affirmation in pursuance of Article 188 of the Constitution.

(2) If a member is not able to make and subscribe the oath or

affirmation at the commencement of a sitting of the House as provided in Rule 6,

he may do so on any such date, time and place as determined by the Speaker.

2

CHAPTER-II

ARRANGEMENT OF BUSINESS BEFORE THE HOUSE

2. Relative precedence of different classes of business.—Unless the

Speaker otherwise directs on any particular occasion, the relative precedence of the

classes of business before the House specified below shall be in the following

order, namely :—

(i) Oath or affirmation;

(ii) Introduction of Minister;

(iii) Obituary references;

(iv) Questions (including short notice questions);

(v) Announcements/Rulings by the Speaker;

(vi) Announcement of Government Business for the week;

(vii) Laying of bills by the Secretary assented to by the

President/Governor;

(viii) Leave to move motion for adjournment;

(ix) Questions involving a breach of privilege;

(x) Documents to be laid on the Table;

(xi) laying of explanatory statements giving reasons for immediate

legislation by Ordinances;

(xii) Presentation of reports of House Committees;

(xiii) Calling Attention notices;

(xiv) Statement by Ministers;

(xv) Personal statements by Ex-Ministers in explanation of their

resignation;

(xvi) Statements in respect of incorrect statements (including questions)

made in the House;

(xvii) Presentation of petitions;

(xviii) Presentation of Report of Business Advisory Committee and motion

for adoption of it;

(xix) Consideration of reports of Committee on Privileges;

(xx) Motions for election of Speaker/Deputy Speaker;

(xxi) Motions for leave to move Resolution for removal of Speaker/

Deputy Speaker;

(xxii) Motion for leave to make a motion of no-confidence in the Council

of Ministers;

(xxiii) Motions for Bills to be withdrawn;

(xxiv) Motions for Bills to be introduction;

(xxv) Motions for consideration and passing of Bills;

(xxvi) Special mention under Rule-324; and

(xxvii) Personal explanation under Rule-306.

3

CHAPTER-III

(A) BALLOT OF PRIVATE MEMBERS' RESOLUTIONS AND BILLS

3. Day of ballot.—The ballot for conducting the private members'

business shall be held on such working day; the date, time and place as the speaker

may fix and it shall be notified in writing or online in the Bulletin Part-II.

4. Presence of Members.—Any member who wants to be present

during ballot, may do so.

5. Method of ballot.—Numbered metal or paper discs bearing as

many numbers as there are members giving notices, shall be thoroughly mixed up

and placed in an envelope or a cloth bag and the Secretary or some other person

directed by him shall take out one disc at a time and the first number taken out shall

entitle the member, whose name appears against that number in the Notice Register

to have the first priority to move his resolution. Likewise the holding of second,

third and fourth numbers will entitle them to have second, third and fourth priority,

respectively.

6. Result of ballot.—After the approval of the Speaker, the resolutions

gaining first four places in the ballot shall be notified in Bulletin Part-II and a copy

thereof shall also be forwarded to the concerned member, Minister-in-charge and

Chief Secretary in writing or online. Rest of the resolutions shall stand lapsed.

7. Application of procedure also to Private Members' Bills.—After

adopting proper changes, same procedure shall apply to the balloting of Private

Members' Bills as in case of Resolutions.

(B) GOVERNEMENT RESOLUTIONS

8. Statutory Resolution.—(i) A resolution, notice of which has been

given in writing or online in pursuance of a provision in the Constitution or in any

Rule/Act of Legislature or otherwise by the Government shall not be balloted.

(ii) If the Speaker admits notice of such a resolution it shall be

immediately notified in the Bulletin Part-II and a copy thereof be sent to the

Government in writing or online.

4

CHAPTER-IV

QUESTIONS

9. Notices of questions.—Notices of questions should be given in writing or

online on the prescribed proforma. Only the right half of the proforma should be

used for writing of questions, if question is written on the left half also, the said

question be treated as inadmissible. No action shall be taken on the question sent

through fax. The writing of the questions should be clean, clear and completely

legible.

If any name/scheme is mentioned in a question, it should be written in

complete form, block letters and clearly so that correct reply of that may be

obtained.

The members shall write their names clearly in block letters below their

signatures and quote their constituency number too.

10. Consolidation of questions on same or allied subject.—Where a

large number of notices of questions are received from several members on the

same or allied subject, the Speaker may direct all the notices be consolidated into a

single notice, if, in his opinion, it is desirable to have a single self-contained

question covering all the important points raised by members :

Provided that in the case of such a consolidated question being placed on

the list of questions for oral or written answer, the names of not more than five

members, determined in the order of precedence, shall be shown against such

question. Notices of such type received from more than five members deemed to be

disallowed.

11. Placing of questions for oral answer in the list of questions in

rounds.—Questions in the name of a member in the list of questions for oral

answers shall be printed in two or less rounds according to the questions admitted

in his name. Thus, all members who have questions in the list on any day shall have

one question each entered in the first round and second question shall be placed in

the second round in accordance with preference quoted by members.

12. Laying of advance copies of replies on the Table of the House.—

Half an hour before the commencement of the sitting for the day, four sets of

replies shall be placed on the Table of the House and one set each in ruling and

opposition lounges for the information of members. Besides this, replies shall be

made available to the members online half an hour before the commencement of

sitting for the day. Similarly, on the start of the sitting for the day the replies of the

questions may be made available in writing or online to the press correspondents

but the copies of such replies shall be considered as confidential and shall not be

released for publication till the question is answered or question hour is over,

whichever is earlier. If the contents thereof are altered by the Minister, the original

copy shall not be made public and answer given by the Minister on the floor of the

House shall only be made public.

5

After the question hour is over, the member (s) on request being made in

writing may obtain copy (copies) of reply (replies) of Short Notice/Starred and

Unstarred Questions asked by him/them from the notice office.

13. Answering together of starred questions on the same or allied

subject appearing in day's Starred Questions List.—Where two or more

questions on the same or allied subject addressed to a Minister for oral answer

appear in the list of questions for any particular day and when the first of them

comes up for answer, the Speaker may himself or on the request of any member,

direct that any or all such questions be taken up together for answer, irrespective of

the order in which they stand in the list.

14. Printing of questions in proceedings.—When a question, placed

on the list of questions for oral or written answer on any day in the name of more

than one member, is answered, the names of such members shall be shown on the

question in the printed and online report of the proceedings of Legislative

Assembly :

Provided that in the case of a question orally answered, the name of the

member who actually asked the question on the floor of the House shall be stated

first and indicated by an asterisk mark.

15. Postponement of questions.—(1) When an answer is given that the

information is being collected, it would be taken as if the Government have asked

for postponement. Such questions will normally be re-fixed after one week or even

earlier if so decided by the Speaker, but if the information asked for in a question is

not likely to be collected in time and postponement to some future date becomes

necessary, the Minister concerned may, explaining the position apply for

postponement atleast two days before the date fixed for answer. Ordinarily, the

postponement would be allowed only once and for a period of one week only but if

it becomes necessary to get postponement again and again, the concerned Minister

shall submit an explanatory note in writing or online to the Speaker intimating the

causes, so that the Speaker may give his decision thereon accordingly.

(2) If reply to the main part of the question which explicitly makes the

intention of the question clear has not been given, even then the question shall be

treated as postponed.

(3) When any question is transferred from the printed or online list of

questions to give its reply by any other Minister, the number and preference of it

will be the same in the new list as it used to be in the previous list.

16. Procedure for Ministers correcting answers relating to

Stared/Short Notice Questions.—When a Minister wishes to correct any

inaccuracy in the information which he has given in answer to a starred/short notice

question or a supplementary question, the following procedure shall be followed,

namely :—

6

(i) the Minister shall give to the Secretary notice of his intention to

make a statement in writing or online. The notice shall be

accompanied by a copy of the statement proposed to be made by the

Minister;

(ii) when the House is in session, the Secretary shall include the item in

the list of business on an appropriate day; and the Minister shall,

when called upon by the Speaker, make the statement in the House;

(iii) when the House is not in session, the Secretary shall consider

whether the statement shall be made by the Minister during the next

session in which case the orders of the Speaker shall be taken. If the

matter cannot wait till the next session, the statement shall be

included in the official report of the proceedings of the House and a

footnote given in the proceedings in the following manner :—

"the original reply or statement by the Minister reads as follows:—

"-----------------------------------------------------"

The reply was sent by the Minister in writing or online in

substitution of the original reply;

Note.— In cases where it is not considered desirable to publish the

original answer the revised answer only shall be prepared

with a suitable footnote.

(iv) the Minister shall ordinarily intimate to Secretary his intention to

correct his answer or statement in writing or online within one week

thereof, provided that the Speaker may, on being satisfied with the

reasons given, waive this requirement; and

(v) the Speaker shall determine in each case whether the statement on

the correction may be reported to the House by the Minister or laid

on the Table of the House.

17. Procedure for Ministers correcting answers of Unstarred Questions.—When a Minister wishes to correct any inaccuracy in the information

which he has given in reply to an unstarred question, the following procedure shall

be followed, namely :—

(i) the Minister shall give to the Secretary notice of his intention to

correct the reply given to an Unstarred Question in writing or online.

The notice shall be accompanied by a copy of the statement

proposed to be laid by the Minister.

7

(ii) when the House is in session, the Secretary shall include the item in

the list of question for written answers on the appropriate date in the

following manner :—

"the........................Minister to lay a statement correcting the reply

given on the ..............................201......to Unstarred Question

No........asked by Shri...........................................................................

regarding...............................................................................................

(iii) the statement so laid by the Minister shall be included in the official

report of the proceedings of the House for the day at the end of

answers to all unstarred questions; and

(iv) when the House is not in session, the procedure as laid down in

direction No. 16 (iii) shall apply.

18. Advance copies of statements by Ministers correcting answers

and procedure after statements made.—(i) Copies of the statement proposes to

be made by a Minister correcting the answer given by him to a starred/short notice

question shall be placed in writing or online on the Table of the House half an hour

before the commencement of the sitting of the Assembly on the day on which the

statement is to be made, for the information of members.

(ii) Copies of such statement shall be considered as confidential and

shall not be released for publication until the statement is actually

made.

(iii) After the statement has been made, the Speaker may permit

members to ask supplementary questions which are strictly relevant

to the subject matter of the correction made by the Minister.

19. Short Notice Question.—If on a Short Notice Question being

called, it is not asked by the member or the member in whose name it stands is

absent or if the member has not authorized another member to ask the question on

his behalf, the Speaker may cause a written answer to such question to be laid on

the Table of the House :

Provided that where a Minister expresses a desire to give an answer

thereto on the ground that it is a matter of public importance, the Speaker may, if

he thinks fit, permit the question to be asked by any other member or may allow the

Minister to read the question and the answers.

20. Time limit for sending replies of questions.—The replies of the

questions shall positively be made available in writing or online by the

Government one day in advance from the day for which they are fixed for answer.

If incorporation of amendment is required in the reply, intimation in writing or

online thereof shall be given to the Secretary an hour before the start of the

question hour and the proposed amendments in the replies shall be incorporated by

the officials of the concerned department.

8

21. Dispensing with question hour.—There will be no question hour

on the day on which the Governor addresses the House under Articles 175 and 176;

and the day on which the Annual Financial Statement is laid on the Table of the

House under Article 202 of the Constitution.

9

CHAPTER-V

HALF AN HOUR DISCUSSION

22. Laying of statement in reply.—When half-an-hour discussion

under sub-rule (1) of rule 61 is interrupted for want of quorum or when there is no

time for the Minister to give a full reply to the debate, he may, with the permission

of the Speaker, lay a statement in writing or online on the Table of the House.

10

CHAPTER-VI

LEGISLATION

(A) INTRODUCTION AND PUBLICATION OF BILLS :

23. Notice of motion for leave to introduce Government Bills.—(1)

A Minister desiring to move for leave to introduce a Bill shall give notice of his

intention in writing or online to do so.

(2) The period of notice of a motion for leave to introduce a Bill under

this direction shall be seven days unless the Speaker allows the motion to be made

at a shorter notice.

24. Prior circulation of Bills for introduction.—No Bills shall be

included for introduction in the list of business for a day until after copies thereof

have been made available in writing and online for the use of members for at least

two days before the day on which the Bill is proposed to be introduced :

Provided that Appropriation Bills, Finance Bills and such Secret Bills as

are not put down in the list of business may be introduced without prior circulation

of copies to the members :

Provided further that in other cases, where the Minister desired that the

Bill may be introduced earlier than two days after the circulation of copies or even

without prior circulation he shall give full reasons in a memorandum for the

consideration of the Speaker explaining as to why the Bill is sought to be

introduced without making available to members copies in writing and online

thereof, in advance, and if the Speaker gives permission the Bill shall be included

in the list of business for the day on which the Bill is desired to be introduced.

25. Giving of authority for introduction of Bills.—A member who

has given notice of his intention to move for leave to introduce a Bill, may

authorize any other member to make the motion on his behalf :

Provided that the authority shall be in writing and shall specifically state

that all subsequent motions in respect of the further stages of the Bill shall be

incharge of the member so authorized :

Provided further that Before the Bill is published in the Gazette, the

Statement of Objects and Reasons accompanying the Bill shall be signed by the

member who has actually introduced it.

26. Giving of authority to another Member to pilot a Bill after

introduction.—The Speaker may, on being satisfied on an application made to him

in this behalf by the Member-in-Charge of a Bill that such member for reasons

which the Speaker considers adequate is unable to pilot himself any or all stages of

a Bill subsequent to its introduction, permit the Member-in-charge of the Bill to

11

nominate another Member to pilot the stage or stages of the Bill in respect of which

a request in writing has been made to him.

(B) AMENDMENT TO BILLS :

27. Form of questions from the Chair to add a new clause to a

Bill.—When an amendment for the insertion of a new clause to a Bill is adopted by

the House, the Speaker shall put the question thus :

"The question is :

That clause (quoting the number of the new clause) be added to the Bill".

(C) PROCEDURE FOR CARRYING OUT OF CORRECTIONS IN

BILLS:

28. Procedure for carrying out of corrections in Bills.—No alteration

shall be made in a Bill as introduced or in a Bill as reported by a Select Committee

except by way of an amendment adopted in the House :

Provided that the Speaker shall correct any obvious printing or clerical

error at any stage of the Bill by issue of a corrigendum to the Bill :

Provided further that in the case of a Secret Bill printed by the department

concerned before introduction, such a correction in the Bill as introduced shall not

relate to an error affecting taxation.

(D) CORRECTION OF PATENT ERRORS :

29. Procedure for incorporating corrections in the printed debate.—

(1) Where an amendment to a clause has been moved and adopted by the House

and subsequently the official draftsman, while scrutinizing the Bill, as passed, has

suggested any correction which has been accepted by the Speaker as a patent error,

such a correction shall be incorporated in the body of the amendment itself without

any footnote in the printed debate.

(2) Where the Speaker has accepted a correction suggested by the

official draftsman relating to clause and not to an amendment to a clause which has

been adopted by the House, such a correction shall be indicated with an appropriate

footnote, in the printing debates as indicated below :—

"In view of the amendment to clause...................Part ( ) of sub clause

(.......................) of clause....................(as the case may be) were omitted or inserted

as patent errors under the direction of the Speaker."

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(E) WITHDRAWAL AND REMOVAL OF BILLS :

30. Advance intimation to members regarding withdrawal of

Government Bill.—When a Bill pending in the Assembly is sought to be

withdrawn by Government, a statement containing the reasons for which the Bill is

being withdrawn shall be circulated in writing or online to members by the

department concerned sufficiently in advance of the date on which the motion for

withdrawal is sought to be made.

31. Removal of pending Bill from the Register of Bills.—Where a

pending Bill seeks to amend an Act which is subsequently repealed, it shall be

removed from the Register of Bills pending in the House.

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CHAPTER-VII

PETITIONS

32. Examination and presentation.—(1) As soon as a petition is

received in writing or online, it shall be acknowledged on the prescribed proforma.

(2) Every petition before presentation to the House shall be examined in

order to see whether it is :—

(a) in proper form;

(b) couched in respectful, decorous and temperate language; and

(c) in conformity with the rules and decisions that may be taken from

time to time.

(3) After the petition has been examined and is found to be generally in

order, it shall be presented to the House in writing or online by the Secretary or the

Member, as the case may be :

Provided that in the case of a petition on a Bill pending before the House,

it shall be presented or reported to the House, as the case may be, as soon as

possible after its receipt :

Provided further that in the case of a petition on a Bill pending before a

Select Committee the petition may be referred to that Committee without being

presented to the House and the petitioner informed accordingly.

33. Defective petition is to be withdrawn.—If a petition, after

presentation is found defective, it may be withdrawn by an order of the Speaker and

the petitioner shall be informed accordingly.

34. Inadmissibility of petitions.—(1) A petition shall be rejected or

returned to the petitioner if it :—

(i) relates to personal or individual grievances;

(ii) relates to matters specified in clause (iii) of Rule 181 of the Rules of

Procedure and Conduct of Business of Himachal Pradesh

Legislative Assembly; or

(iii) in case it is considered necessary to ascertain the facts from the

department concerned in order to determine the admissibility of the

petition, a reference may be made to the department and facts

gathered or action taken by them ascertained.

35. Report on petition.—After the presentation of a report on petition

to the House, a copy thereof shall be forwarded in writing or online to the

concerned department for taking necessary action thereon, and a copy of the same

shall also be sent in writing or online to the petitioner for information.

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CHAPTER-VIII

MOTION

36. Classification of motion.—(1) All motion, notice of which is

received in writing or online under the rules, shall be classified under the following

categories, namely:—

(i) Substantive motions;

(ii) Substitute motions; and

(iii) Subsidiary motions.

(2) The classification referred to in (1) above shall be used in the case of

appropriate motions. The rules governing these motions shall be as follows :—

(i) Substantive motions.—A substantive motion is a self contained

independent proposal submitted for the approval of the House and

drafted in such a way as to be capable of expressing a decision of

the House e.g. all resolutions are substantive motions;

(ii) Substitute motions.—Motions moved in substitution of the original

motion for taking into consideration a policy or situation or

statement or any other matter are called substitute motions. Such

motions, though drafted in such a way as to be capable of expressing

an opinion by themselves, are not strictly speaking substantive

motions in as much as they depend upon the original motion; and

(iii) Subsidiary motions.—They depend upon or relate to other motions

or follow upon some proceedings in the House. They by themselves

have no meaning and are not capable of stating the decision of the

House without reference to the original motion of proceedings of the

House, Subsidiary motions are further divided into :—

(a) Ancillary motions;

(b) Superseding motions; and

(c) Amendments.

(a) Ancillary motions.—They are motions which are recognized by the

practice of the House as the regular way of proceedings with various

kinds of business. The following are examples of ancillary motions,

namely :—

(i) That the Bill be taken into consideration; and

(ii) That the Bill be passed.

(b) Superseding Motions.—They are motions which, though

independent in form, are moved in the course of debate on another

question and seek to supersede that question. In that class fall all the

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dilatory motions. The following motions are superseding motions in

relation to the motion for taking into consideration a Bill :—

(i) That the Bill be re-committed to a Select Committee;

(ii) That the Bill be re-circulated for eliciting further opinion

thereon; and

(iii) That consideration of the Bill or the debate on the Bill be

adjourned sine die or to some future date.

(c) Amendments.—They are subsidiary motions which interpose a new

process of question and decision between the main question and its

decision. Amendments may be to the clause of a Bill, to a resolution

or to a motion, or to an amendment to a clause of a Bill, to a

resolution or to a motion, or to an amendment to a clause of a Bill,

Resolution or Motion.

37. Member to be shown in proceedings as mover of motions,

amendments and cut motion.—Where a motion, an amendment or a cut motion

placed on the order paper in the names of several members is treated as moved on a

indication being given by such members in writing to the Speaker, it shall be

deemed to have been moved by the member whose name appears first on the order

paper and if he is not present in the House or has not indicated his intention to

move, then by the second member or the third member etc., who may be present

and the name of only such member shall be shown in the proceedings as the mover

of that motion, amendment or cut motion as the case may be.

38. Amendment or cut motion moved but not put to the Vote of the

House.—When an amendment or a cut motion is moved but not put to the vote of

the House by the Speaker and the original motion or demand for grant is passed by

the House, the amendment or cut motion shall be deemed to have been negatived

by the House.

39. Treatment of amendment or motion moved but not pressed.—If

at the end of the debate, a member who has moved an amendment or a motion

which has also been proposed by the Chair, inform the Chair that he does not want

to press it and if thereupon the amendment or motion is not put by the Chair to vote

of the House such amendment or motion shall be deemed to have been withdrawn

by the leave of the House :

Provided that if any member requests the Chair to put the amendment or

motion to the vote of the House, the amendment or motion shall be put to the vote

of the House.

40. Order of putting substitute motions to vote.—(1) When

substantive motions have been moved by members in substitution of a motion

16

under Rule 130, the Speaker may, in his discretion, put them to the vote of the

House in the following order:—

(i) Motion expressing disapproval of the policy or action of

Government referred to in the original motion; and

(ii) Motion expressing approval of the policy or action of Government

referred to in the original motion.

(2) Where any of the substantive motion is moved in substitution of a

motion under rule 130 is not put to the vote of the House by the Speaker, and any

such other substantive motion in substitution of the same motion is passed by the

House, the one not put to the House shall be deemed to have been negatived by the

House or barred, as the case may be.

41. Motion for reference of a Bill to a Select Committee.—When a

motion is moved for reference of a Bill to a Select Committee of the House, the

motion shall specify a definite date on or before which the Select Committee shall

be instructed to report :

Provided that if on the date specified the House is not in session, the report

shall be submitted to the Speaker who shall cause it to be laid before the House as

soon as possible after the re-assembly of the House.

42. Withdrawal of private members' Bill.—On a day allotted for the

disposal of private members' Bills, a Bill in respect of which the motion is that

leave be granted to withdraw the Bill, shall be set down in the list of business for

that day immediately after the Bills for introduction.

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CHAPTER-IX

CALLING ATTENTION

43. Procedure when two calling attention notices admitted for a

day.—(1) Where under rule-62 (6) two calling attention notices have been included

in the list of business on any such day in the name of one Minister, the Minister

concerned may make a brief statement in respect of the first matter. In respect of

the second matter, a statement in writing or online may be laid on the Table by the

Minister concerned, if so directed by the Speaker. Copies of the statement so laid

shall be supplied in writing or online to the members in whose names the item

stands in the list of business and the Minister shall reply at the end to the

clarificatory questions asked thereon.

(2) If the Chief Minister is to make a statement in response to one of the

two calling attention matters on a day, that matter may be given inter-se priority in

the list of business.

(3) If any notice stands in the list of business in more than one members'

name, the other members may also ask their points and seek clarifications, if

permitted.

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CHAPTER-X

RESIGNATION AND VACATION OF SEATS IN THE HOUSE

44. Resignation of seats in the House.—(1) A letter of resignation

under rule 287 of the Rules of Procedure shall become effective only after it is

accepted by the Speaker.

(2) The resignation shall take effect from the date from which the

resignation is accepted by the Speaker and it shall not be open to a member to

withdraw the resignation after it is accepted by the Speaker.

(3) If the member has specified a future date for his resignation to take

effect, the resignation shall take effect from the date so specified if the Speaker has

accepted the resignation by that date.

(4) The resignation shall not be accepted from a date earlier than the

one on which it is received by the Speaker or in the Legislative Assembly

Secretariat.

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CHAPTER-XI

COMMITTEES OF THE HOUSE

(A) GENERAL DIRECTIONS APPLICABLE TO HOUSE

COMMITTEES :

45. Committee of the House.—In this Chapter, unless the Context

otherwise requires, 'Committee' means and includes the committees of the House as

defined in sub-rule (1) of rule 3.

46. Applicability of general directions to House Committee.—

Except for those matters for which special provision is made in the directions

relating to any particular committee, the general directions given in this chapter of

the Speaker shall have to be obtained.

47. Venue of sittings.—(1) Sitting of a Committee/Sub-Committee,

shall invariably be held in head office within the precincts of the Legislative

Assembly Secretariat. If, for any reasons, it becomes necessary to hold a sitting

outside it, orders of the Speaker shall have to be obtained.

(2) When the Committee is on study tour, informal sittings may be held

at the place of visit but formal sitting shall be held only when the Speaker has

accorded permission to do so under sub-direction (1) above. At such sittings, no

decisions shall be taken nor any evidence be recorded.

48. Postponement of sittings for want of quorum.—If at any sitting of

a Committee quorum does not take place up to half an hour after the

commencement of the sitting, the sitting fixed for that day shall be deemed to have

been postponed.

49. Attendance Register.—A record of attendance of members in the

sitting of the House Committees shall be kept in writing or online by the Secretary

or Committee's officer. After the Commencement of sitting, it will be placed in the

Committee sitting and as soon as the sitting is over, the Secretary or Committee

Officer shall mark cross against the names of absent members.

50. Speaker's permission for remaining absent in Committees' sittings.—If a member without obtaining the prior permission of the Speaker

remains absent from four consecutive sittings of a Committee, his attention may be

attracted to rule 213 of the Rules of procedure.

51. System of speaking in committees.—(1) A member desiring to

make any observations at the sitting of a Committee shall address the Chairman and

make all references to other members through the Chairman.

(2) A member shall not speak unless the Chairman calls him.

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(3) When any member desires to interrupt while another member is

speaking, he shall seek the permission of the Chairman to do so.

52. Personal, pecuniary or direct interest of members.—(1) Where a

member of a Committee has a personal, pecuniary or direct interest in any matter

which is to be considered by the Committee, he shall state his interest therein to the

Speaker through the Chairman of the Committee.

(2) After the Speaker has considered the matter he shall give his

decision which shall be final.

53. Putting of question to vote.—If the Chairman considers that

sufficient discussion has taken place on a question, he may, without further

discussion, put the question to vote and arrive at a decision.

54. Reopening of question.—If a member desires to reopen a question

on which a committee has already taken a decision he shall, in the first instance,

obtain the permission of the chairman to do so.

55. Proceedings and documents treated as confidential.—(1) The

proceedings of a Committee shall be treated as confidential and it shall not be

permissible for a member of the Committee or any one who has access to its

proceedings to communicate, directly or indirectly to the press any information

regarding its proceedings including its report or any conclusions arrived at, finally

or tentatively, before the report has been presented to the House.

(2) The provisions of clause (1) shall also mutatis-matandis apply to the

proceedings of meetings held by the Speaker with the Leaders of Parties and

Alliances in Legislative Assembly.

(3) Whenever a paper or document, marked 'secret' or 'confidential' is

circulated to the members of the Committee, the contents of such paper or

document shall not be divulged by any member either in the minute of dissent or on

the floor of the House, or otherwise, without the permission of the Speaker, and

where such permission has been obtained any restriction imposed by the Speaker in

regard to the manner in which, or the extent to which, the information contained in

the document may be divulged, shall be strictly observed.

56. Procedure regarding sub-committees.—(1) If a Committee

appoints a Sub-committee to consider special points under rule 217 (1), the report

of the Sub-Committee duly signed by the Chairman on behalf of the Sub-

Committee shall be submitted by the prescribed period and copies of the same shall

be made available in writing or online to all members of the Committee before they

meet to consider the report of the Sub-Committee.

(2) The Chairman of the Committee shall appoint the Chairman of the

Sub-Committee.

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(3) The procedure in the Sub-Committee shall, as far as practicable, be

same as is followed in the whole Committee.

57. Evidence of experts and related parties.—(1) A Committee may

take evidence of experts or interested parties on their own initiative or on request

made.

(2) The witnesses who express their desire to appear before the

Committee shall supply sufficient number of copies of memoranda in writing or

online for circulation to members of the Committee who may consider the same at

their sitting and decide whether such witnesses should be called to appear before

the Committee.

58. Evidence of witnesses to be treated as public.—Where witnesses

appear before a Committee to give evidence, the Chairman shall make it clear to

the witnesses that their evidence shall be treated as public and is liable to be

published, unless they specially desire that all or any part of the evidence tendered

by them is to be treated as confidential. It shall, however, be explained to the

witnesses that even though they might, desire their evidence to be treated as

confidential such evidence is liable to be made available in writing or online to the

members of the Assembly.

59. Evidence of government officials before a Committee.—(1)

Where Department or Undertaking is required to give evidence before a Committee

on any matter, the Department or Undertaking shall be represented by the Secretary

or the Head of the Department or Undertaking, as the case may be :

Provided that the Chairman of the Committee may, on a request being

made to him permit any other senior officer to represent the Department or

Undertaking before the Committee. If any Secretary/Head of Department desires to

take any other officer/official to seek assistance during course of evidence, he shall

have to obtain prior permission of the Chairman.

(2) The Committee may require the Department or Undertaking to

furnish to the Legislative Assembly Secretariat a sufficient number of copies of any

memorandum in writing or online containing its view on the matter under

discussion for circulation to members of the Committee in advance of the date on

which the representative of the Department or Undertaking has to give evidence

before the Committee.

(3) A resume of the evidence given by the representative of the

Department or Undertaking may be embodied or appended to the minutes of the

sittings.

(4) Papers and documents submitted in writing or online to the

Committee for consideration shall invariably be duly authenticated by the Secretary

of the concerned Department. In case of the papers/documents relating to further

action taken which are to be laid on the Table of the House, shall be authenticated

by the concerned Minister.

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60. A Central Government or other State Government's official not

to be summoned to appear as witness without Speaker's orders.—(1) Whenever

it is felt necessary to invite an official of the Central or any other State Government

to appear as a witness before a Committee or to ask the Central or any State

Government to produce a document or paper before the Committee, the orders of

the Speaker shall be obtained before the official of the Central or such State

Government is asked to comply with the request.

(2) In case, the Speaker decides that it is not necessary to summon a

particular Central or State's official as a witness or that the Central/State

Government need not be asked to produce a paper, document or record; the

Chairman of the committee concerned may, if he thinks necessary, apprise the

Committee of the Speaker's decision.

61. Consideration of memoranda supplied by witnesses.—A

Committee shall, in the first instance, consider the memoranda supplied by the

witness, when copies are circulated to all the members of the Committee, and the

nature of questions that may be asked to the witnesses shall be for clarification of

any points included in their memoranda or any other fresh points arising out of the

discussion.

62. Mode of examination of witnesses.—(1) The Chairman may first

ask any question and thereafter he may call other members, one by one, to ask

questions.

(2) Witnesses may, with the permission of the Chairman, place before

the Committee any other relevant information which has not been already placed

before the Committee.

63. Mode of addressing communications on matters before

Committees.—All communications from departments and all suggestions,

memoranda and representations etc. in respect of matters pending before a

Committee which are received from individuals, associations and public bodies

shall be addressed to the Secretary and if in any case a letter, memorandum etc. is

addressed or sent direct to the Chairman, he may send it to the Legislative

Assembly Secretariat for disposal and record.

64. Procedure for presenting views of departments to Speaker.—If

any department wishes to present their views to the Speaker on any matter which

has been considered by, or is pending before a Committee, forward to the

Legislative Assembly Secretariat a statement in writing or online formulating

precisely the points on which the decision of the Speaker is desired. The statement,

together with the relevant papers showing the views of the Committee, shall then

be submitted to the Speaker, who may, if necessary, discuss the matter with the

Minister concerned and/or with the Chairman of the Committee before arriving at a

decision.

65. Expunction from documents presented to Committees.—(1) If in

the opinion of Chairman a document, such as representation, memorandum etc.,

presented to a Committee, contains words, phrases or expressions which are

23

unparliamentary, irrelevant or are not couched in respectful, decorous and

temperate language, or are otherwise inappropriate, he may, order such words,

phrases or expressions to be expunged from such document.

(2) Notwithstanding anything contained in (1) above, the Speaker shall

have the power to order expunction in like circumstances or to review all decisions

regarding expunction from such documents and his decision thereon shall be final.

66. Verbatim proceedings.—(1) The verbatim proceedings of the

Committee, if taken, shall be treated as confidential and shall not be made available

in writing or online to any one without the orders of the Speaker.

(2) Relevant portions of the verbatim proceedings of the sitting, at

which evidence has been tendered, shall be forwarded in writing or online to the

witnesses and members concerned for confirmation and return by a date fixed by

the Legislative Assembly Secretariat. If corrected copies of the proceedings are not

received back by the specific date, the reporters' copy may be treated as authentic.

(3) Corrections in the verbatim proceedings, if any, shall be made neatly

and legibly by the witness or the member, as the cases may be, in ink in his own

handwriting and shall be confined to correction of inaccuracies which may have

occurred in the process of reporting and not for the purpose of improving their

literary form or altering their substance by additions and deletions.

67. Minutes.—(1) The decisions of a Committee shall be recorded

briefly in the minutes of the Committee.

(2) The draft minutes shall be prepared by the Legislative Assembly

Secretariat and approved by the Chairman.

(3) The minutes of each sitting may be circulated in writing or online to

the members of the Committee. Relevant extracts there from may also be circulated

in writing or online to any department or officer, if considered necessary.

(4) If any member desires any alterations in the minutes, on the ground

that they are not in conformity with the decisions arrived at, the matter shall be

referred to at the next sitting of the Committee and the decision of the Committee

taken thereon shall be incorporated in the minutes of the sitting.

(5) Until the minutes are presented to the House, they shall be treated as

confidential.

68. Laying of minutes on the Table of the House.—(1) After the

minutes of a sitting or sittings of a Committee have been approved by the Chairman

or in his absence, by the member of the Committee who presided at the sitting or

sittings, as the case may be, an authenticated copy thereof in writing or online may

be laid on the Table of the House.

24

(2) An entry shall be made in the list of business for the day regarding

laying of the minutes on the Table.

(3) The Chairman or a Member of the Committee shall, while laying the

minutes on the Table, confine himself to a statement in the following from :

"Speaker, sir, I beg to lay on the Table of the House the minutes of

the................................................sitting (or sittings) of the Committee on

.....................................held on............................................".

69. Reports.—(1) A Committee shall present reports in writing or

online to the House or to the Speaker, as the case may be, from time to time. The

following documents shall be annexed alongwith the report :—

(i) a gist of recommendations shall be appended to a report at the end,

in the form of a chapter;

(ii) relevant contents of the minutes of sittings in which the topics

mentioned in the report are considered; and

(iii) such other material which is considered necessary.

(2) The draft of the report shall be prepared by the Legislative

Assembly Secretariat and may be placed before the Committee in writing or online

after it is approved by the Chairman.

(3) There shall be no minute of dissent on the report.

70. Circulation and consideration of draft Report.—(1) The

Chairman of a Committee may direct that the typed, cyclostyled or proof copies of

the draft report together with any other documents connected therewith be

circulated in writing or online amongst the members of the Committee before the

date fixed for the consideration of the draft report.

(2) On the date fixed for the consideration of the draft report, the

Chairman shall read out the draft report, paragraph by paragraph, putting the

question to the Committee at the end of the each paragraph, 'That the paragraph do

stand part of the report'. A member objecting to any portion of the report, not being

in conformity with the decision arrived at, shall propose his amendment to bring it

in line with the decisions. The amendment, if accepted shall be incorporated in the

said paragraph.

71. Mention of evidence in the report.—(1) A committee shall

mention in the report, wherever necessary, the fact that evidence was given before

it.

(2) The record of evidence, if so decided by the Committee, shall be

prepared and copies thereof circulated in writing or online to all members of the

House.

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72. Presentation of a report of committee to the Speaker under rule

233.—(1) Ordinarily the report of a Committee shall be presented in writing or

online to the House, but in case the Committee completes their report when the

House is not in session, the Chairman of the Committee may present it to the

Speaker.

(2) The Speaker may under the provision of rule 233 order the

publication or circulation of the report before it is presented in writing or online to

the House.

(3) Where a report is presented to the Speaker or where its publication

or circulation or uploading in Legislative Assembly Public website has been

ordered by the Speaker, the fact shall be notified in Bulletin Part-II.

(4) The Speaker may, if so requested by the Committee direct that

matters of factual nature, or patent error may be corrected in the report presented to

him by a Committee, before the report is published or circulated and later presented

in writing or online to the House.

(5) The report shall be presented in writing or online to the House

during the next session at the first convenient opportunity by the Chairman or in his

absence by a member of the Committee. While presenting the report presented in

writing or online the Chairman or in his absence the member presenting the report

shall confine himself to a brief statement to the effect that the report was presented

to the Speaker when the House was not in session and that the orders for its

uploading in Legislative Assembly public website or publication or circulation

were given by the Speaker under rule 233.

(6) Where the Legislative Assembly is dissolved, after the presentation

of the report to the Speaker, and before the presentation of the report to the House,

the report shall be laid in writing or online by the Secretary on the Table of the new

House at the first convenient opportunity. While laying the report, the Secretary

shall make a statement to the effect that the report was presented to the Speaker of

the preceding Legislative Assembly before its dissolution and where it was ordered

by the Speaker to be published or circulated under rule 233, the Secretary shall also

report that fact to the House.

73. Power of Chairman of a Committee/Sub-Committee to correct

patent errors or matters of factual nature in the report.—The Chairman of a

Committee/Sub-Committee shall have power to correct patent errors or matters of

factual nature in the report adopted by the Committee/Sub-Committee, before its

presentation to the House/Speaker, as the case may be.

74. Circulation of reports.—(1) Soon after the presentation of a Report

to the House, the Legislative Assembly Secretariat shall forward a copy in writing

or online thereof to the Minister and the Secretary of the Department concerned and

the concerned Department shall furnish detailed reply in writing or online to the

26

Legislative Assembly Secretariat within 3 months duly approved by the Minister

concerned and authenticated by the Secretary. Copies of the reports shall be

circulated to members of Legislative Assembly and to such other persons,

authorities etc., in writing or online as may be determined from time to time.

(2) Until the report is presented in writing or online to the House, it

shall be treated as confidential.

75. Publication of report of a Committee after circulation to members.— Where, under rule 233, a report of a Committee is circulated in

writing or online to members prior to its presentation to the House, it shall be

released to the Press after a week from the date of dispatch of copies to members.

76. Action taken on recommendations of Estimates Committee or

Committee on Public Accounts or Committee on Public Undertakings.—(1)

The Government shall after three months from the presentation of the report of the

Committee on Estimates or the Committee on Public Accounts or the Committee

on Public Undertakings, furnish reply to the Committee, in the first instance, with a

statement showing action taken on the recommendations contained in the report.

The statement shall contain the views of Government on all the recommendations

including those which are accepted by Government.

(2) As early as possible after the receipt of the replies, the Committee

shall consider them and finalize their views as to whether the replies are acceptable

to them or not. In respect of the replies to recommendations which are not accepted

by the Government, the Committee may express their own views , in case they do

not accept the replies of Government. Thereafter the Committee shall present

further report to the House regarding the action taken on the original

recommendations made by the Committee. The Report shall consist of five

chapters as follows :—

(i) report;

(ii) recommendations/observations which have been accepted by the

Government;

(iii) recommendations/observations which the Committee do not desire

to pursue in view of Government's replies;

(iv) recommendations/observations in respect of which replies of the

Government have not been accepted by the Committee; and

(v) recommendations/observations in respect of which final replies of

Government are still awaited.

(3) Government shall, as early as possible, after the presentation of the

action taken report to the House, furnish statement of action taken or proposed to

be taken on the recommendations contained in the above referred chapter-I and the

27

final replies to the recommendations/observations contained in Chapter-IV. The

replies so received shall be consolidated in the form of a statement and wherever

necessary, the Committee may give its observations on such replies and after

Speaker's approval it shall be laid in writing or online on the Table of the House.

The department shall also be apprised in writing or online of such observations.

77. Implementation of assurances given by Ministers on the floor of

the House.—(1) Three months time limit is prescribed for the implementation of

assurances made by the Ministers on the floor of the House relating to their

respective departments and this period shall be counted from the day of its being

given in the House. The Legislative Assembly Secretariat shall go through the

proceedings of the House daily and mark those statements of the Ministers which

could be called assurances and after preparing their statement they shall be

forwarded in writing or online to the concerned departments at the earliest possible

:

Provided that the concerned departments shall also be responsible to take

note of assurances itself and take action thereon within prescribed time limit and

inform the Committee accordingly. However, if the department encounters any

genuine difficulty in implementing the assurances within the stipulated period, it

may submit the request to the Committee along with reasons for extension of the

time limit.

(2) A standard list of expressions or forms which are treated as

constituting assurances is as under :—

(i) The matter is under consideration/examination;

(ii) I shall/will look into it;

(iii) Enquiries are being made;

(iv) I shall inform the Hon'ble Member(s);

(v) I shall/will study the conditions on the spot;

(vi) I shall consider the matter;

(vii) I will write to/suggest to take up the matter with the concerned

State/Central Government;

(viii) This is prima facie the concern of Central Government but I shall

look into it;

(ix) We will put the matter in the shape of resolution;

(x) I shall see what can be done about it;

(xi) I will look into the matter before I can say anything;

(xii) The suggestions will be taken into consideration;

(xiii) Right now, I have no information but I shall look into the matter;

(xiv) Efforts are being made to collect the necessary data;

(xv) The suggestions made will be borne in mind while framing the

rules/policy;

(xvi) Copy of the report, when finalized, will be placed on the Table of

the House;

(xvii) I shall supply it to the Hon'ble Member;

(xviii) If the Hon'ble Member's allegation is true, I shall certainly have the

matter gone into;

28

(xix) We shall have to find that out;

(xx) It is a suggestion for action which will be considered;

(xxi) Budget assurances (barring the budget speech);

(xxii) (Discussion on Budget) All the points raised by various Members

will be considered;

(xxiii) Information is being collected (barring postponed questions);

(xxiv) I am reviewing the position;

(xxv) Direction by the Presiding Officer involving action on the part of

Ministers; and

(xxvi) All specific points on which information is asked for and promised.

This list is not final but only illustrative.

(B) NOMINATION OF CHAIRMEN AND MEMBERS OF HOUSE

COMMITTEES IN COMMITTEES CONSTITUTED BY

GOVERNMENT :

78. Nomination of Chairmen/Members of the House Committees in

the Governments' Committees.—(1) Whenever Central or any State Government

is of the opinion to nominate Member/Chairman of a House Committee in a

Government's Committee, Speaker's approval must be obtained before making such

appointments.

(2) Where the Speaker considers it appropriate that nomination of a

Member or Chairman of a House Committee in a Government's Committee will

affect the functioning of the House Committee, he may not permit to accept the

membership of it.

(C) GENERAL DIRECTONS FOR THE COMMITTEES :

79. Minister not to be called before Committee.—(1) A Minister shall

not be called before any Committee either to give evidence or for consultation in

connection with the examination of estimates, accounts or policy by the

Committee.

(2) The Chairman of the Committee may, however, when considered

necessary but after its deliberations are concluded, have an informal talk with a

Minister, the estimates or accounts of whose Department or Undertaking were

under consideration by the Committee in order to apprise him of :—

(a) any matters of policy laid down by a Department or Undertaking

with which the Committee do not fully agree; and

(b) any matters of secret and confidential nature which the Committee

would not like to bring on record in their report.

29

(3) The Committee may reconsider its conclusions in the light of such

talk but shall not otherwise pursue further any of the matters with the Minister after

they are brought to the notice of the Minister concerned by the Chairman.

80. Functions of the Committee on Subordinate Legislation.—(1)

The Committee on Subordinate Legislation may examine all 'Orders', whether laid

on the Table of the House or not, framed in pursuance of the provisions of the

Constitution or a statute delegating power to a subordinate authority, to make such

Orders.

(2) The Committee may examine provisions of Bills which seek to :—

(i) delegate powers to make 'Order'; or

(ii) amend earlier Acts delegating such powers, with a view to see

whether suitable provisions for the laying of the 'Order' on the Table

of the House have been made therein.

(3) The Committee may examine any other matter relating to an 'Order'

or any question of subordinate legislation arising therefrom.

81. Examination of Bills referred to Committee by Speaker.—(1)

The Speaker may refer Bills containing provisions for delegation of legislative

powers to the Committees and where a Bill is so referred, the Committee shall

examine:—

(i) the extent of such powers sought to be delegated; and

(ii) where powers are sought to be delegated to other authorities for

bringing into operation any subsidiary provision or to make any

further rule or regulation, the necessity for such delegation as well

as the extent and manner in which such powers shall be exercised by

the subordinate authorities concerned.

(2) Where the Committee is of opinion that the provisions contained in

the Bill delegating legislative power should be annulled wholly or partly or should

be amended in any respect, it may report that opinion and the grounds thereof to the

House before the Bill is taken up for consideration in the House.

82. Supply of material by departments or other authorities.—A

department or any other authority may be requested to supply, for the use of the

Committee, sufficient copies in writing or online of the following documents,

namely :—

(i) statutory and Constitutional 'Orders' and orders made in pursuance

to an Act;

(ii) amendments to such 'Orders'; and

(iii) reprinted editions of such 'Orders' as and when they are reprinted.

30

83. Procedure for examination.—(1) (i) After an 'Orders' is published

in the gazette, it shall be examined by the Legislative Assembly Secretariat to

determine whether it is required to be brought to the notice of the Committee on

any other grounds laid down in the rule 272 (B), or in accordance with any practice

or direction of the Committee.

(ii) After a Bill is introduced, it shall be examined by the Legislative

Assembly Secretariat to determine whether it is required to be brought to the notice

of the Committee on the ground laid down in the direction.

(2) If in the course of examination of any 'Orders' it is considered

necessary to seek any clarification regarding any point, it shall be referred to the

department concerned and the matter, if necessary, re-examined in the light of such

reply.

(3) If, after examination of a 'Order', a Bill or any other matter

considered necessary to bring any point or points to the notice of the Committee, a

self-contained memorandum shall be prepared on the subject and, after the approval

of the Chairman, placed before the Committee in writing or online.

84. Circulation of memoranda.—The approved memorandum together

with copies or extracts of the relevant 'Order' wherever necessary, may time

permitting, be circulated in writing or online to members of the Committee in

advance.

85. Seating arrangement in the Committee & Sub-Committee and

other related matters.—(1) The seating arrangement in the Committee sittings

shall be as under :—

(a) the Secretary Legislative Assembly, Committee Officer, Section

Officer and Reporter will sit in that order on the left side of the

Chairman;

(b) whenever a representative of Finance Department is called to assist

the Committee, he shall sit beside the Committee Officer;

(c) whenever Accountant General of Himachal Pradesh or his

representatives will be called to assist the Committee, they shall sit

on the right side of the Chairman;

(d) the members of the Committee and Sub-Committee may generally

sit on the right side of the Chairman;

(e) the Secretary or head of the Department or any other officer or

individual who has been called by the Committee for tendering

evidence shall sit on the earmarked seats;

(f) assisting officials of Legislative Assembly Secretariat and

Accountant General office shall sit behind their officers; and

31

(g) the number of assisting officials shall be minimum.

(2) All officials shall take their seats before five minutes of the

commencement of the sitting.

(3) The Secretary or head of department who has been called by the

Committee for tendering evidence, shall enter and leave the Committee room with

prior permission of the Chairman.

(4) Minutes of the Committee shall only be conducted by the Secretary

or the Committee Officers. The Assisting Officers/Officials taking part in the

sitting shall not speak without prior permission of the Chairman.

(5) During the meeting of the Committee, full respect and honour shall

be given to Chairman and Members by the officers and officials.

(6) The Committee Officers of Legislative Assembly are responsible

for strict compliance of these directions.

(D) RULES TO BE OBSERVED DURING EVIDENCE :

86. Rules to be observed by witnesses (including government

officials) appearing before the Committees and Sub-Committees of the

House.—(1) Due respect to the Chairman and the Committee/Sub-Committee shall

be shown by the witnesses by bowing before taking their seats. The attendance of a

witness shall be recorded and for this purpose a separate register will be kept.

(2) The witness should take the seat earmarked for him opposite to the

seat of the Chairman.

(3) The witness shall take an oath or make affirmation, if so required by

the Chairman. The oath or affirmation shall be administered by the Secretary or an

officer authorized by him. The witness will take the oath or make affirmation

standing in his seat and bow to the Chair just before taking the oath or making the

affirmation and thereafter.

(4) The witness shall answer the specific questions put to him either by

the Chairman or by a member of the Committee or by any other officer authorized

by the Chairman. The witness shall be asked to place before the Committee any

other points that have not been covered and which the witness thinks essential to be

placed before the Committee.

(5) All the submissions to the Chairman and the Committee shall be

couched in courteous and polite language.

(6) When the evidence is completed and the witness is asked to

withdraw, he shall while leaving bow to the Chair.

32

(7) The witness shall not be permitted to smoke or chew betel etc. while

sitting before the Committee.

(E) GUIDELINES FOR TOURS OF THE COMMITTEES :

87. Tours of Committees and Sub-Committees.—(1) Normally,

House Committees would not undertake tours unless it is absolutely necessary to

carry out on the spot study for proper examination of the subject(s) pending for

consideration before the Committee.

(2) Where a Committee proposes to undertake a tour, prior permission

of the Speaker would invariably be obtained.

(3) The Committee shall proceed on tour only when two-third members

of the Committee are willing to undertake the said tour. In case of a Sub-

Committee, the entire Committee shall have to go.

(4) Whenever a Committee proceeds on tour within the State, the

concerned Department/Public Undertakings/Boards would made suitable

arrangements for transport and bear the POL and other expenditure on that account.

It will be ensured that atleast one vehicle would be made available for two

members and such transport should be used sparingly.

If the Committee desires to undertake the tour by Legislative Assembly

Secretariat bus within or outside the State, the orders of the Speaker must be

obtained.

(5) It is necessary that the expenditure on tours and the strain on the

local administration and transport authorities should be kept to the minimum. With

this object in view, no Committee would undertake more than two such tours in a

financial year.

(6) A study tour would be undertaken for absolutely minimum

necessary period but its overall duration will not exceed more than ten days within

the State. The visit to other States is restricted to only once in a year, the duration

whereof shall normally not exceed 15 days.

(7) Sufficient notice of the tour programme should be given to

the concerned Legislature/District Administration/Departments/Undertakings

concerned accordingly as the case may be. There would be no last minute changes

or postponement in the tour programme.

(8) Intermediate journey would not be undertaken by members and if

under unavoidable circumstances any one has to take such journey, the Speaker's

permission must be obtained for it.

33

(9) During tour, members would no doubt take particular care to

maintain proper dignity and decorum, and avoid participation in political meetings

and functions.

(10) In no case would any member take with him on official tour of the

Committee any guest, relation etc. If any one desires to take his family member

with him, he may do so with the prior permission of the Speaker.

(11) During the tour, if a member falls ill and the doctor advises him not

to undertake further tour, he should follow the doctor's advice.

(12) Staff members of the Departments/Public Undertakings etc. seeking

to approach members regarding individual grievances should not be entertained

during study tours.

(13) No information or interview would be given by individual members

to the Press regarding tour impressions on a subject under examination.

(14) After completion of tour, a tour note of the Committee duly signed

by the Chairman would be submitted to the Speaker for approval.

(15) Following staff of Legislative Assembly Secretariat will proceed on

tour to assist the Committee :—

(i) the Committee Officer/Section Officer;

(ii) reporter;

(iii) a dealing Assistant; and

(iv) a class-IV employee:

Provided that while on tour within the State the Committee will be assisted

by two Reporters.

(F) SELECT COMMITTEE ON BILLS :

88. Memoranda/Representations addressed to Select Committee.—

When any memorandum/representation addressed to a Select Committee on a Bill

is received in writing or online in the Legislative Assembly Secretariat at any time

after the Committee has met, it shall form part of the records of the Committee and

no person shall, without the Speaker's permission, quote therefrom or send copies

thereof to anyone else, unless it has been presented in writing or online to the

House either along with the report of the Committee or separately.

89. Notice and admissibility of amendments.—(1) If a member

desires to move amendments at a sitting of a Select Committee, he shall send, in

writing or online one day in advance, a copy of the notice of such amendments to

the Legislative Assembly Secretariat. Copies of the amendments shall be circulated

in writing or online by the Legislative Assembly Secretariat to all members of the

Select Committee to facilitate discussion at the sittings of the Select Committee.

34

(2) If any question arises whether a particular amendment is within the

scope of a Bill, the question shall be decided by the Chairman of the Select

Committee whose decision shall be final.

90. No general discussion on the Bill.—The principle of the Bill

having been accepted by the House by adoption of the motion for reference of the

Bill to the Select Committee, further general discussion on the Bill as a whole shall

not be permissible in a Committee.

91. Clause by clause discussion of the Bill.—The Chairman shall

ordinarily put the Bill before a Select Committee, clause by clause, and invite

members to offer their comments, if any, and thereafter members may move their

amendments, if any.

92. Consideration of draft report and Bill as amended.—After the

clause by clause consideration of the Bill is over, the Chairman shall fix a sitting of

a Select Committee not earlier than three days thereafter to consider the draft report

and the Bill as amended, unless a shorter period is fixed by the Committee by a

unanimous vote.

93. Speaker to be kept informed Committee's Progress.—(1) The

Chairman shall keep the Speaker informed of the progress of the work by Select

Committee from time to time.

(2) Whenever the progress of the Select Committee in regard to the Bill

before them is such that there is likelihood of their being delayed in the

presentation of the report to the House, the matter shall be brought to the notice of

the Speaker as soon as it becomes clear to the Chairman that such delay in likely to

occur. The Chairman shall briefly state the circumstances which are responsible for

such delay, his estimate of the time that it would take to complete the work and any

other matter which, in his opinion, should be brought to the notice of the Speaker.

94. Extension of time for presentation of report.—(1)The Chairman

or in his absence any member of a Committee, shall, if so authorised by the

Committee and after informing the Speaker as laid down in direction 93 (2), move

in the House for extension of time for the presentation of the report to a definite

date which shall be specified in the motion.

(2) The date up to which the time of presentation of the report is sought

to be extended may be specified on the reasonable presumption that the House

might be in session on that date. If, however, it happens that the House is not in

session on the date so specified, the report shall be submitted to the Speaker on or

before that date as the Committee may decide and the Speaker shall cause it to be

laid before the House as early as possible after the House re-assembles.

95. Submission of memoranda on a Bill.—(1) At any time before the

consideration of the Bill is finally concluded by a Select Committee, any member

35

of the Committee may submit a memorandum or note containing his views on the

Bill in writing to the Committee.

(2) The Chairman may, if he thinks fit, direct that the copies of the note

or extracts there from be circulated in writing or online to the members of the

Committee.

96. Petitions on Bills stand referred to the Select Committee.—All

petitions which are received in writing or online in the Legislative Assembly

Secretariat and are considered as admissible under the rules shall stand referred to

the Select Committee on the Bills to which they relate, if such a Committee has

been constituted. Such petitions may be examined by the Committee which may

also give a hearing to such petitioners, if deemed necessary.

97. Action Taken on petitions etc. to be stated in the report of the Select Committee.—Where any petition, representation of memorandum is

received by a Select Committee, the report of the Committee shall indicate the

number of such documents received and shall also attach an appendix giving

briefly the particulars thereof and action taken thereon.

98. Pattern of report of Committee.—Unless the Speaker otherwise

directs, the report of a Select Committee on Bills shall have introductory

paragraphs with such changes as may be necessary in the light of the facts of each

case.

99. Minute of dissent.—If a member desires to append a minute of

dissent to the report of a Select Committee, he shall hand-over his minute of

dissent, written in ink or typed or online on a foolscap size paper, to the Officer-in-

charge of the Select Committee on or before the date and time Fixed by the

Chairman of the Committee.

100. Date of minute of dissent.—If a minute of dissent sent by a

member does not bear any date, the date on which the same is received in the

Legislative Assembly Secretariat shall be indicated against the name of the

signatory in the manner shown below :

(Received on the.......................................201 ).

101. Minute of dissent from a member who remained absent from

the sittings of the Committee.—A member who has been absent from the sitting

or sittings of a Committee at which the draft report of the Committee was

considered and adopted with or without amendments, as the case may be, may give

a minute of dissent if he certifies that he has read the report.

102. Committee to be informed of direction 101.—At the conclusion of

the clause by clause consideration of the Bill, the Chairman shall inform the

Committee in writing or online of the provisions of Direction 101.

36

103. Minute of dissent to be given after adoption of the report.—A

minute of dissent shall be given only after the draft report has been considered and

adopted by a Committee and it shall not be Conditional in any respect.

104. Minute of dissent not acceptable after the presentation of the

report.—A minute of dissent shall not be accepted after the report has been

presented to the House.

105. Expunction from minute of dissent.—(1) If in the opinion of the

Chairman a minute of dissent contains words, phrases or expressions which are

unparliamentary, irrelevant or otherwise inappropriate, he may order such words,

phrases or expressions to be expunged from the minutes of dissent.

(2) Notwithstanding anything contained in (1) above, the Speaker shall

have the power to order expunction in like circumstances or to review all decisions

regarding expunction from minutes of dissent and his decision shall be final.

106. Documents to be presented alongwith report.—Alongwith the

report of a Select Committee, the following documents shall also be presented to

the House, namely :—

(i) the minutes of the various sittings of the Select Committee;

(ii) government amendments, if any; and

(iii) other important papers, if any, made available to the members of the

Select Committee and approved by the Chairman of the Committee

for presentation to the House.

107. Circulation of reports.—(1) As soon as the report of a Select

Committee is presented in writing or online to the House, the report together with

the following papers shall be circulated in writing or online to the members of the

House, namely :—

(a) notes and minutes of dissent, if any;

(b) the bill as reported by the Select Committee;

(c) the minutes of the various sittings of the Select Committee;

(d) government amendments, if any; and

(e) other important papers, if any, made available in writing or online to

members of the Select Committee.

(2) The paper mentioned against item Nos. (c) to (e) may, where

necessary, be printed separately.

108. Guidelines for introductory paragraphs of a Select Committee

Report.—(1) The Chairman of the Select Committee to which the

Bill........................(here insert the long title of the Bill) was referred, having been

authorized to submit the report on their behalf, present their report with the Bill an

amended by the Committee annexed thereto.

37

(2) The Bill was introduced in the House on the...............(date). The

motion for reference of the Bill to a Select Committee of House (Motion) to be

given as appendix to the Report) was moved by Shri..................................(name)

on the ..........................(date).

(3) The Committee held........................(number) sittings in all.

(4) The first sitting of the Committee was held on the............(date) to

draw up a programme of work. The Committee at this sitting decided to hear

evidence of associations which might make a request to that effect by

the....................(dates). The Committee also decided to visit...........................(place)

on the...........................(dates) in order to...................(purpose of visit).

(5) The Committee accordingly visited.........................................(centres

inspected) on the.....................(dates).

(6) The Committee heard the evidence given by the representatives of

the following associations on the dates noted against each :—

(i)

(ii)

etc. etc.

A summary of evidence given is appended to this Report (The Committee

decided to lay on the Table of the House a copy of the evidence given in extenso).

(7) The Committee considered the Bill clause by clause at the sittings

held on the.............................(dates).

(8) The Committee appointed on the ...........................(date) a Sub-

Committee consisting of....................................................(number) members to

consider........................(object). The report of the Sub-Committee was presented to

the Committee on the........................(date) (Report to be given as appendix).

(9) The Report of the Select Committee was to be presented by

the.............................(date). The Committee were granted extension of time on

the.............................(date), upto the....................(date) (in the case of two or more

extensions). The Committee were granted extension of time......................(twice or

thrice etc.), the first time on the............. (date) upto the........(date), and

subsequently on the........................(date) upto the......................(date).

(10) The Committee considered and adopted the Report on

the.............................(date).

(11) The observations of the Committee with regard to the principal

changes proposed in the Bill are detailed in the succeeding paragraphs.

38

CHAPTER-XII

GENERAL DIRECTIONS

109. Procedure of giving notice.—Under rules every notice is required

to be addressed to the Secretary in writing or online which falls under the ambit of

State Government's jurisdiction. A member giving notice in writing or online shall

have to sign it and where a notice is signed by more than one member, it shall be

deemed to have been given by the first signatory only.

110. Notices of amendments to Bills or Resolutions.—Notices of

amendments in writing or online to a Bill or a resolution may be given by members

in advance for inclusion of the relevant item in the list of business. Such

amendments shall be circulated in writing or online to members on the day on

which the relevant item is included in the list of business.

111. Lapsing of notice by member when appointed as Minister.—If a

member, subsequent to his giving notice in writing or online in respect of any

matter under the rules, is appointed a Minister, such notice shall be treated as

having lapsed from the date of such appointment.

112. Notices of suspended members.—If any member is suspended by

the House, all notices received from him during the period of his suspension shall

be treated as lapsed.

113. Giving of notices before taking an oath or affirmation.—A

member may give notices in writing or online before taking an oath or affirmation,

if he desires to do so. But a member who has not taken an oath or affirmation may

neither ask any question nor any resolution, cut motion or adjournment motion and

he may also not introduce a Bill, although a notice in writing or online for doing so

has been received from him.

114. Time limit for notices.—Any notice in writing or online which

under rules is required to be given before the commencement of the sitting, shall be

made available in writing or online half an hour before the commencement of the

sitting and if not received within stipulated period they shall be treated as notices

given for the next sitting.

Where no period is fixed for giving notice, such notices shall not be

treated to be given for a particular date and a member may give such notice at any

time and the Speaker may take as much time as he may deem fit for taking decision

on its admissibility.

115. Time fixed for giving notices.—Notices can be given in writing or

online in the Legislative Assembly Secretariat from the date on which notification

is issued for convening Session. All notices, except the motion moved for leave to

introduce a Bill shall stand lapsed on the prorogation of the House and if concerned

members desire to raise such matters in the next Session, they shall have to give

fresh notices in writing or online for raising the same issues after the issuance of

39

notification of convening the Session but a fresh notice in writing or online is

needed to move for leave to introduce a Bill on which the sanction of

President/Governor is required and pre-accorded sanction is not effective.

116. Procedure for giving notices of Short Duration Discussions and

Motions.—(1) Notices of short duration discussion and notices of motions received

in writing or online under rule 63, 117 and 130 respectively shall generally be

accepted from the date of issuance of notification of the Session.

(2) Notices of statements in writing or online to be made by the minister

or statements, reports or documents to be laid in writing or online on the Table of

the House are to be accepted up to the period fixed from time to time.

(3) In a case where as announcement is made by the Chair about a

statement to the made by a Minister in the House, notices in respect of that

statement shall be accepted in writing or online from the time the announcement is

made by the chair in the House.

(4) In case where a statement is made without its inclusion in the list of

business or in the supplementary list of business, notices in regard to that statement

shall be given in writing or online at the time when the statement is actually made

in the House.

117. Inadmissible notices.—Those notices shall not be raised in the

House by any member which are declared by Speaker as inadmissible. However, if

a member desires to discuss about it, he may do so by meeting the Speaker in his

Chamber.

118. Procedure for Ministers correcting a mistake and inaccuracy in

statements made in debate.—(1) A Minister wishing to correct a mistake or

inaccuracy, in the information given by him during a debate may make a statement

in the House correcting such mistake or inaccuracy with the consent of the Speaker.

(2) The procedure for making such statement shall be the same as laid

down in the direction number-16.

119. Papers to be laid on the Table and entry thereof in the list of

business.—(1) An entry shall be made in the list of business in respect of every

paper or document which is received in writing or online from a Minister duly

authenticated for laying on the Table of the House.

(2) Papers received in writing or online from departments shall

generally be included in the agenda for laying on the Table after two days unless a

specific date has been suggested by the department concerned.

(3) Papers to be laid on the Table shall ordinarily be sent in writing or

online by the departments two days in advance of the day on which the papers are

proposed to be laid. In special circumstances, however, the Speaker may, on

request, permit a Minister to lay a paper on the Table at shorter notice.

40

120. Procedure for laying of papers by private members.—(1) If a

private member desires to lay a paper or document on the Table of the House, he

shall supply a copy in writing or online thereof to the Speaker in advance so as to

enable him to decide whether permission should be given to lay the paper or

document on the Table. If the Speaker permits the member to lay the paper or

document in writing or online on the Table, the member may at the appropriate

time lay it on the Table.

(2) If a private member, in the course of his speech wishes to quote

from a secret Government's document, paper or report, he shall supply a copy

thereof in writing or online in advance to the Speaker and also indicate the portions

thereof which he wishes to quote in order to enable the Speaker to decide whether

permission should be given. If the Speaker permits the member to quote from the

document, the member may do so at the appropriate time. If the Speaker does not

accord the necessary permission, the member shall neither quote from the

document nor refer to its contents.

(3) A paper or document sought to be laid on the Table by a private

member may be considered for laying on the Table only if the member has quoted

there from. The member seeking to lay the same may hand it over at the Table but

it shall not be deemed to have been laid on the Table unless the Speaker, after

examination, accords the necessary permission.

(4) If the Speaker does not accord the necessary permission, the paper

or document shall be returned in writing or online to the member and the fact

indicated in the printed debates.

121. Authentication of papers to be laid by private members.—(1)

When a member seeks permission of the Speaker to lay a paper or document in

writing or online on the Table of the House under direction 120, he shall record

thereon a certificate in one of the following forms, as the case may be :—

(a) 'I certify from my personal knowledge that this is the original

document which is authentic';

(b) 'I certify from my personal knowledge that this document is a true

copy of the original which is authentic'; and

(c) 'I certify that the contents of this document are correct and based on

authentic information'.

(2) If the paper or document consists of more than one page, the

member shall put his signature with date on every page thereof.

122. Advance intimation and copy of statement by a Minister.—A

Minister desiring to make a statement in the House under Rule-317 shall intimate in

advance the date on which the statement is proposed to be made. As far as possible

this intimation in writing or online is required to be given atleast one day advance

41

so that it can be included in the list of business. A Minister shall supply one

advance copy of the statement in writing or online for the information of the

Speaker.

Generally permission will not be granted to ask any question after the

statement has been made, because there exists no formal motion before the House

on which a debate can be held, but in extraordinary circumstances, the Speaker may

permit to seek clarification arising from that statement.

(A) PROCEEDINGS OF THE HOUSE :

123. Verbatim proceedings.—In order to keep the record of the

proceedings and for incorporation of correctness thereto following procedure will

be followed.—

(1) When statement or prepared speeches are read in the House, notes

used by members to aid them in their speeches they should be supplied to the

official Reporters either of their accord or on request to enable the official

Reporters to check the accuracy of the transcript.

(2) In the case of quotations, copies should invariably be supplied to the

Reporters, except in cases where the page etc., of some well known report, which is

readily available, has been specifically referred to.

(3) In the case of quotations, in Sanskrit shalokas or lyrics etc., the

quotation followed by its meaning (if this has not been already given) should be

filled in by the member when his speech is sent to him for approval.

(4) A typed copy of every speech delivered by a member is forwarded

to him for confirmation and it has to be returned to the Legislative Assembly

Secretariat in writing or online by the member with corrections, if any, within forty

eight hours. In case it is not so returned, the transcript recorded by the official

Reporters shall be treated as authentic.

In case of questions and supplementary questions, relevant portions

thereof shall only be forwarded in writing or online to the concerned Ministers,

which shall have to be returned in writing or online by them to the Legislative

Assembly Secretariat within prescribed period.

(5) The official report has to be a correct reproduction of the speeches

delivered by the members in the House and the typed copies of speeches are sent in

writing or online to the members for correcting inaccuracies, if any, which may

have occurred in the process of reporting. The substance cannot be altered by

additions or deletions therefrom.

(6) Corrections, if any, in the typed copy of the speech ought to be

made neatly, legibly and in ink in order to ensure its correct incorporation in the

official report.

42

124. Availability of the proceedings of the House.—If any member

applies in writing for the extracts from the proceedings of the House for a particular

day and the said proceedings have not been printed and circulated as required under

the Rules of Procedure and Conduct of Business, the same may be made available

in writing or online to him/her after obtaining the orders of the Speaker :

Provided that in special circumstances, with the prior permission of the

Speaker extracts of the relevant proceedings may also be given to the departmental

secretary on a request in writing or online being made by him.

125. Procedure for making allegations against Member/Ministers in

the House.—(1) If under Rule-303 allegations are made by a Member against a

Member/Minister, the concerned Member/Minister against whom allegations are

made, denies those allegations, the denial should be accepted by the former

member, if he is not sure about the corrections of the charges made and not

prepared to take full responsibility of the same.

(2) No allegations shall be made by any member on the basis of

newspapers, report unless he is prepared to produce a proof on the basis of facts.

Such intimation should be made available in writing or online to the Speaker before

time to enable him to ensure his decision on it. The detail of the allegations shall be

specific and authenticated by the member. If any member sends his intention of

making allegations without facts and documents, he shall not be allowed to do so.

(3) Allegations may not also be normally made against officials by

name as the constitutional responsibility lies with the Minister, as official cannot

raise his point in the House.

(4) Allegations may not also be normally made against outsiders as they

are not in a position to defend themselves.

(5) Where a Member persists in making serious allegations in the House

without giving previous notice and without complying with the well established

procedure in this behalf or without the permission of the Chair, these shall not form

part of the proceedings of the House.

126. Annual administrative reports.—Each department shall prepare its

Annual Administrative Report indicating therein the works executed and policies

adopted by the department from 1st April, to 31

st March and shall every year up to

30th

April make available in writing or online three copies duly authenticated by the

Secretary of the concerned Department to the Legislative Assembly Secretariat so

that these may be circulated to members. Following points should be mentioned in

the Annual Administrative Report:—

(i) background and introduction;

(ii) department and its organizational set up;

43

(iii) goals and objectives of Annual Action Plan, fixed and

accomplished;

(iv) major programmes and schemes with targets, achievements; budget

expenditure and main activities alongwith special mention of

shortfall or extra achievements;

(v) legislation, rules and regulations finalized;

(vi) administrative and economic reforms initiated;

(vii) the five years' plan and annual plan; and

(viii) annual updation of publications in terms of section 4(1) (b) of the

Right to Information Act, 2005.

127. Sessions and sittings of the House.—For the purpose of Rule 4 of

the Rules of Procedure and Conduct of Business of the Himachal Pradesh

Legislative Assembly, the year shall commence on 1st January and end on 31

st

December.

128. Furnishing of copies of papers, documents etc. for circulation to

members.—Each Department, Board, Corporation or any other institution shall

submit in writing or online as much copies of every paper, document and letter etc.

to the Legislative Assembly Secretariat as they are asked for from time to time, for

the circulation amongst members.

129. Copies of notices received from members and copies of

resolutions/motions passed by the House to be made available to the

Secretaries of concerned departments.—A copy each of the notices received

under different rules inclusive of Question and Resolutions or Motions etc. passed

by the House shall be forwarded in writing or online to the Secretary of the

concerned Department for taking necessary action thereon.

130. Effect of suspension.—The member who is suspended from the

service of the House for a particular period, shall not be allowed to sign the

attendance register under rule-291. He shall not be allowed to enter in Legislative

Assembly premises too, unless the Speaker otherwise directs so.

All notices fixed in his name or received during the period of his

suspension shall be considered as lapsed.

(B) RECOGNITION AND FACILITIES TO LEGISLATURE PARTIES

AND LEADER OF OPPOSITION :

131. Recognition of party.—The Speaker may recognize an association

of members as Legislature Party for the purpose of functioning in the House and

his decision shall be final.

44

132. Conditions for recognition.—In recognizing a Legislature Party,

the Speaker shall take into consideration the following principles :—

(i) an association of members shall have announced at the time of the

general elections a distinct ideology and programme of legislative

work on which they have been returned to the House; and

(ii) an association of members shall have an organization both inside

and outside the House.

133. Recognition to Leader of Opposition.—An opposition democratic

party or a group of parties, as the case may be, who fulfill the conditions quoted

above in direction No. 132 and whose membership is required (as determined

quorum) to convene the meeting of the House, that is to say one third number of the

total strength of the House. The Speaker may accord recognition to the leader of

such a party or group of parties as a leader of the Opposition.

134. Facilities to Parties.—(1) The Speaker may grant the following

facilities to a Ruling Party and main Opposition Party in the House, namely :—

(a) to provide an independent room one each to the Ruling and the main

Opposition Party in the precincts of the House;

(b) to provide EPBAX telephone facility in the rooms;

(c) to provide committee room or other room to convene a meeting of a

party on a request being made;

(d) supply of Parliamentary or Government papers or publications

which the Speaker may determine from time to time;

(e) nomination to a Parliamentary Committee in proportion to the

strength of the party;

(f) submission to the Speaker of a panel of names for selection of

members to be called to speak in debates; and

(g) consultations, where necessary, in the matter of arrangement of

business of the House or any other important matter coming before

the House.

The Speaker's decision in regard to the grant of facilities to a Legislature

Party shall be final.

45

135. Facilities to Leader of Opposition in the precincts.—The Speaker

may grant the following facilities to the recognized Leader of Opposition in the

precincts of the House, namely:—

(a) to provide a room in the precincts for the purpose of the legislative

work;

(b) to provide telephone facility in the rooms; and

(c) to provide the services of a Personal Assistant and a Peon.

136. Certain facilities to association of members not recognized as

Party or Alliance.—An association of members who does not fulfil the conditions

for recognition as a Legislature Party or Alliance may be granted certain facilities

by the Speaker if such a course shall, in his opinion, facilitate the conduct of

business in the House. In this regard Speaker's decision shall be final.

137. Circulation of papers and publications received from

departments and other authorities.—(1) The Legislative Assembly Secretariat

may circulate in writing or online to members either at their residence or through

the Notice Office, papers, documents and reports received for circulation to

members from departments of the Himachal Pradesh Government :

Provided that the Legislative Assembly Secretariat shall not undertake

circulation of a paper, document or report marked 'confidential' or 'secret' unless it

is meant for the members of a Legislature Committee and its connected with their

business :

Provided further that the Speaker may, if he thinks fit, direct that a paper,

document or report forwarded to the Legislative Assembly Secretariat for

circulation to members may not be circulated.

Explanation.—For the purpose of this direction the expression 'paper'

includes invitations received from the Governor, Chief Minister, Minister and the

Department of the Government of Himachal Pradesh for circulation to members to

attend any function organized by them.

(2) The Legislative Assembly Secretariat shall not undertake circulation

of any paper, document, report or other material received direct from :—

(a) the Central Government;

(b) other State Governments;

(c) private bodies or individuals;

(d) members of the Legislative Assembly unless the papers received

from them are connected with the business of the House.

46

138. Special mention under Rule-324.—(1) A member who wishes to

bring to the notice of the House any matter which is not a point of order and of

which he has not given prior notice, may give notice thereof to the Secretary in

writing or online in the form prescribed for the purpose, not later than one hour

before the commencement of sitting for the day, on which he is proposed to raise

the matter.

(2) No member shall be allowed to raise a question in the House if

notice thereof is not found in order.

(3) After a member has raised the matter, the Minister concerned, if he

so desires, may make a statement. In case, where no statement is made by the

Minister an extract of the relevant proceedings shall be sent in writing or online to

him with a request to send a reply to the member concerned within a week under

intimation to the Secretary, Legislative Assembly.

(4) In case the concerned member desires in writing to have a copy of

the statement made by the concerned Minister to his notice, the Legislative

Assembly Secretariat shall make available in writing or online to him a copy of the

reply.

(5) If, under orders of the Speaker, to save the time of the House, all

notices included in the list of business are treated to be moved in the House, a copy

of reply thereof shall be made available in writing or online to the concerned

members by the Legislative Assembly Secretariat on the same day.

(6) A member who does not avail the opportunity to raise a matter on a

day on which it is allowed, the notice given by him shall be treated as lapsed. If a

member remains absent from the House, his notice shall also stand lapsed.

139. Precincts of the Legislative Assembly Estates.—The term

'precincts' of the Houses or Legislative Assembly precincts means the following

places in Legislative Assembly Estate :—

(1) Precincts of the Himachal Pradesh Legislative Assembly, Shimla :

(i) Council Chamber Building;

(ii) Vithal Bhai Bhawan Building;

(iii) Administrative Block (except the basement);

(iv) Dr. Yashwant Singh Parmar Library Building (except the basement);

and

(v) Area inside the Gate No. 10 (situated near main reception) and the

entry gates of the approaches from the sealed roads to the eastern

compound of the Council Chamber.

(2) Precincts of the Legislative Assembly Bhawan, Tapovan,

Dharamshala :

(i) Vidhan Sabha Bhawan main Building;

(ii) Ministerial Block;

(iii) Area from main reception Gate to main Gate in front of main

building.

47

140. Maintenance of order within the Legislative Assembly

Precincts.—(1) The Secretary Legislative Assembly or an officer authorized by

him shall be responsible for maintaining order within the Legislative Assembly

Estate and he shall take all necessary steps to ensure that no destruction or

hindrance is cause to Members of Legislative Assembly in that area, in coming to,

or going from the House.

(2) In order to keep the area and passages within the Legislative

Assembly Estate free and open for members of Legislative Assembly without any

obstruction or hindrance, the following activities are prohibited within the area of

the Legislative Assembly Estate :—

(a) holding of any public meeting;

(b) assembly of five or more persons;

(c) carrying of fire arms, banners, placards, lathies, spears, swords,

sticks, brickbats, stones etc.;

(d) shouting of slogans;

(e) holding of meeting and delivering of speeches etc;

(f) processions and demonstrations or strikes;

(g) picketing, blocking of path, sitting on dharna or on hunger strike;

and

(h) any other activity or conduct which may cause or tend to cause any

obstruction or hindrance to members of Legislative Assembly.

(3) Keeping in view the security, the Speaker may from time to time

issue necessary instructions, to the Secretary, Legislative Assembly, who shall be

competent to cause their compliance.

(4) Maintenance of order outside the Legislative Assembly

Precincts:—The police department will be held responsible for maintenance of

order outside the precincts of the Legislative Assembly Estate.

(5) The Secretary, Legislative Assembly or an officer authorized by him

may subject to the instructions or permission of the Speaker, request the police to

assist him in maintaining order in the Legislative Assembly Estate as and when

considered necessary.

(6) Members may remain within the precincts of the House only for an

hour after the House is adjourned for the day or the meeting of the House

Committee adjourned for the day. After that they shall not remain in any part of the

precincts of the House and Legislative Assembly Estate unless specific permission

of the Speaker has been obtained.

48

(7) No military, paramilitary or police official shall be allowed to enter

the precincts of Legislative Assembly in his official uniform. However, under

special circumstances and with the special permission of the Speaker, such official

will be allowed to enter.

(C) MISTAKE OR INACCURANCY IN STATEMENTS MADE IN THE

HOUSE :

141. Procedure for pointing out mistake or inaccuracy in statements made by Ministers or Members.—(1) A member wishing to point out any

mistake or inaccuracy in a statement made by a Minister or any other member, shall

before referring the matter in the House, write to the Speaker pointing out the

particulars of the mistake or inaccuracy and seek his permission to raise the matter

in the House.

(2) The member may place before the Speaker such evidence as he may

have in support of his allegation.

(3) The Speaker may, if he thinks fit, bring the matter to the notice of

the minister or the member concerned for the purpose of ascertaining the factual

position in regard to the allegation made.

(4) The Speaker may then, if he thinks it necessary, permit the member

who made the allegation to raise the matter in the House and the member so

permitted shall, before making the statement inform the Minister or the member

concerned.

(5) The Minister or the member concerned may make a statement in

reply with the permission of the Speaker and after having informed the other

member concerned.

(6) The item regarding statement to be made by the member and the

statement to be made by the Minister in reply thereto shall not be put down in the

list of business unless copies thereof have not been submitted in writing or online

to the Speaker sufficiently in advance and the Speaker has approved them. Words,

phrases and expressions in the statement which are not approved by the Speaker,

shall not form part of the proceedings of the House.

(D) METHODS FOR PARTICIPATION IN DEBATE :

142. Methods for participation in debate and selection of speakers.—

(1) Any one of the following three methods may be adopted by members who

desire to inform the Speaker of their intention to take part in a debate or

discussion:—

(a) the name of members who wish to participate in a particular debate

for discussion may be supplied to the Speaker by the Legislature

Parties or Groups:

49

(b) a member who prefers to write direct to the Speaker, may do so

without having to go through the machinery of Legislature party or

group; and

(c) a member who may not like to give his name to the Speaker through

his party or to write direct to the Speaker but wish to adopt the well

known parliamentary practice of catching the Speaker's eye, may

stand in his seat whenever he wishes to take part in a debate.

(2) Unless a member rises in his seat and catches the Speaker's eye, he

shall not be called upon by the Speaker to speak, irrespective of whether he has

sent his name through his party or group or written direct to the Speaker.

(3) The Speaker shall not be bound by the lists or order in which names

have been given by parties or groups or individuals directly. The lists shall be for

his guidance only and it shall always be open to him to make changes whenever

necessary so that the debates are regulated in accordance with the general principles

laid down by the Speaker from time to time.

(4) If a member speaks without being called by the Speaker or continues

to speak despite his directions to conclude the speech forthwith, the Speaker may

direct that such speech or portions thereof, as the case may be, shall not form part

of the proceedings of the House.

143. Personal explanation by Member.—A member who desires to

make a statement by way of personal explanation under rule-306, he shall not be

permitted unless a copy thereof has been submitted by him to the Speaker

sufficiently in advance and the Speaker has approved it. Words, phrases and

expressions which are not approved by the Speaker in the statement, if spoken,

shall not form part of the proceedings of the House.

(E) RECORD :

144. Procedure for submission of record when appearing before

Court of Law to give evidence.—(1) A member of the House shall neither tender

evidence in the Court of Law in respect of the proceedings of a Committee of the

House or the proceedings of the House or in connection with other documents kept

in the custody of the Secretary without obtaining the prior permission of the House,

nor he shall present such documents before the Court of Law.

(2) When the House is not in Session, the Speaker may, in emergent

cases accord approval to present the related documents in the Court of Law so that

the delay in Court's functioning should not occur and the House shall be acquainted

with such intimation at the time of its reassembling. But where a case contains a

question of breach of privilege or in a case where Speaker thinks that the matter

pertains to the discretion of the House, he may refuse to accord the required

approval and shall refer that case to the Committee on privileges for examination

and giving report thereon.

50

(3) Wherever it is considered necessary to present a document related to

the proceedings of the House or proceedings of a Committee of the House, the

Court or the party related to legal proceedings shall make a request to the House

quoting the factual details of the required documents, the purpose for which they

are needed and the date upto which they are needed. In each case it shall be

mentioned that a verified copy shall only be sent or it is to be presented through an

officer of the House.

(4) Where a request is received during the Session of the House for the

presentation of any document related to the proceedings of the House or a

Committee of the House or a document kept in the record by Secretary, this matter

maybe referred to the Committee on Privileges by the Speaker. On presentation of

the report of the Committee to the House, a motion may be moved in the House by

the Chairman of the Committee or by any member that the House agrees with the

report and further action will be taken in accordance with the decision of the

House.

(5) In such cases where a suit has been got registered in the Court of

Law by the Legislative Assembly Secretariat itself, the record kept in the custody

of the Secretary may be produced or an evidence there upon may also be tendered

with the approval of the Speaker. It is not necessary to obtain the permission of the

House for doing so in these matters.

145. Restriction on taking arms, tape-recorders and mobile phones in

the Chamber of the House.—Taking of arms, tape-recorders and mobile phones

etc. in the chamber of the House is strictly prohibited.

146. Restriction on taking arms within the precincts of the House.—It

is strictly prohibited to take arms in the precincts of the House by an member or

others.

147. Services of summons to members.—Summons shall neither be

served on the Members within the precincts of the House nor through the Speaker

or Himachal Pradesh Legislative Assembly Secretariat.

(F) PRESENCE OF MEMBERS :

148. Presence of Members and Daily Allowance.—If under Rule 291

of the Rules of Procedure any member is treated as absent during any sitting of the

Session due to non signing of the attendance register or non-login the touch screen,

he may convince the Speaker that he attended the sitting but failed to sign the

attendance register or login the touch screen and the Speaker, if so convinced, may

direct that he be marked present. If such application of a member is received after

fifteen days and it becomes clear from the written proof of his parliamentary work

that he was invariably present on that day but could not sign the attendance register

or login the touch screen, he will be paid daily allowance for that day after

obtaining the sanction of the Speaker.

51

149. Annual Administrative Report of Himachal Pradesh Staff

Selection Commission.—Every year, as soon as possible, on receipt of the Annual

Administrative Report from Himachal Pradesh Staff Selection Commission, the

Government shall present and lay in writing or online its copy on the Table of the

House.

150. Laying of Rules framed under Article 166 (3) of the

Constitution.—Copies of the Rules framed by the Governor under Rule 166 (3) for

execution of the Government's business or amendments/alterations made therein

from time to time may be laid and placed in writing or online on the Table of the

House by the Government.

SCHEDULES

52

fgekpy izns'k fo/kku lHkk Himachal Pradesh Legislative Assembly

eSa]---------------------------------------------------------------------------------------------------------------------------------------------------]tks fo/kku lHkk dk bZ'oj dh 'kiFk ysrk gwa lnL; fuokZfpr gqvk gwa&&&&&&&&&&&&&&&&&&&fd eSa fof/k }kjk LFkkfir lR;fu"Bk ls izfrKku djrk gwa Hkkjr ds lafo/kku ds izfr lPph J)k vkSj fu"Bk j[kwaxk] eSa Hkkjr dh izHkqrk vkSj v[kaMrk v{kq..k j[kwaxk rFkk ftl in dks eSa xzg.k djus okyk gwa mlds dÙkZO;ksa dk J)kiwoZd fuoZgu d:axk A LFkku%--------------------------------------------lnL; fgekpy izns'k fo/kku lHkk---------------------------- pquko {ks= dk uEcj---------------------------- fnukad---------------------------------- izfrgLrk{kfjr %

-------------------------------- jkT;iky

fnukad%--------------------------------- 'I..............................................................................................having been elected a Member of

SWEAR IN THE NAME OF GOD

the Legislative Assembly, do-------------------------------------------------------------------------that I will bear

SOLEMNLY AFFIRM

true faith and allegiance to the Constitution of India as by law established, that I will uphold the

sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to

enter.'

PLACE.............................. MEMBER HIMACHAL PRADESH LEGISLATIVE ASSEMBLY..........

DIVISION NO..................

DATE...............................

COUNTERSIGNED :

_____________

GOVERNOR

DATE.......................................

53


eSa]---------------------------------------------------------------------------------------------------------------------------------------------------]tks fo/kku lHkk dk bZ'oj dh 'kiFk ysrk gwa lnL; fuokZfpr gqvk gwa&&&&&&&&&&&&&&&&&&&fd eSa fof/k }kjk LFkkfir lR;fu"Bk ls izfrKku djrk gwa Hkkjr ds lafo/kku ds izfr lPph J)k vkSj fu"Bk j[kwaxk] eSa Hkkjr dh izHkqrk vkSj v[kaMrk v{kq..k j[kwaxk rFkk ftl in dks eSa xzg.k djus okyk gwa mlds dÙkZO;ksa dk J)kiwoZd fuoZgu d:axk A LFkku%--------------------------------------------lnL; fgekpy izns'k fo/kku lHkk---------------------------- pquko {ks= dk uEcj---------------------------- fnukad---------------------------------- izfrgLrk{kfjr %

-------------------------------- lkef;d v/;{k




SOLEMNLY AFFIRM



enter.'

PLACE.............................. MEMBER HIMACHAL PRADESH LEGISLATIVE ASSEMBLY..........

DIVISION NO..................

DATE...............................

COUNTERSIGNED :

___________________

SPEAKER PROTEM

DATE.......................................

54


eSa-----------------------------------------------------------------------------------------------------------------------------------------------------]tks fo/kku lHkk dk bZ'oj dh 'kiFk ysrk gwa lnL; fuokZfpr gqvk gwa&&&&&&&&&&&&&&&&&&&fd eSa fof/k }kjk LFkkfir lR;fu"Bk ls izfrKku djrk gwa Hkkjr ds lafo/kku ds izfr lPph J)k vkSj fu"Bk j[kwaxk] eSa Hkkjr dh izHkqrk vkSj v[kaMrk v{kq..k j[kwaxk rFkk ftl in dks eSa xzg.k djus okyk gwa mlds dÙkZO;ksa dk J)kiwoZd fuoZgu d:axk A LFkku%--------------------------------------------lnL; fgekpy izns'k fo/kku lHkk---------------------------- pquko {ks= dk uEcj---------------------------- fnukad---------------------------------- izfrgLrk{kfjr %

-------------------------------- v/;{k




SOLEMNLY AFFIRM



enter.'

PLACE.............................. MEMBER HIMACHAL PRADESH LEGISLATIVE ASSEMBLY...........

DIVISION NO..................

DATE...............................

COUNTERSIGNED :

_____________

SPEAKER

DATE.......................................

55

NOMINATION FORM FOR THE ELECTION OF SPEAKER AND

DEPUTY SPEAKER

I,..................................................................................., hereby propose the name of

Shri......................................................................Member, Legislative Assembly of Himachal

Pradesh, for election to the office of..............................................

Signature of the Proposer,

Dated...............................

Division No. ...................

I, hereby second the proposal of Shri.........................................Member, Legislative

Assembly for the name of Shri..............................................Member, Legislative Assembly

for election to the office of......................................

Signature of the Seconder,

Dated...............................

Division No. ...................

I, .....................................................................assent to the notification made by

Shri................................................................................................................and seconded by

Shri.........................................................................................................and am willing to serve

as...............................................if elected.

Signature of the Candidate,

Dated...............................

Division No. ...................

56

FORM FOR SHORT NOTICE QUESTION

Date of Notice............................................................

Subject......................................................................

.................................................................................

Place :................................

Date :.................................

From

Shri/Smt.........................................................M.L.A.

To

The Secretary,

Himachal Pradesh Legislative Assembly,

Shimla-4.

Sir,

Under Rule 46 of the Rules of Procedure and Conduct of Business, I give

notice of the following Short Notice Question.

The reasons for asking the question at Short Notice are :—

Yours faithfully,

Member,

Short Notice Question Constituency No. & Name

Will the Minister of............................................................be pleased to

State :

57

FORM FOR STARRED QUESTION

Serial No......................

FOR OFFICE USE Subject.............................................

Date of Notice...................................

Date of Answer..................................

Priority, if any...................................

Place..................................

Date...................................

From :

Shri/Smt.........................................., M.L.A.

To

The Secretary,

H.P. Legislative Assembly,

Shimla-171004.

Sir,

Under Rule 41 of the Rules of Procedure and Conduct

of Business, I give notice of the following starred question

for answer on ........................

Yours faithfully,

Member,

Constituency No. & Name................................

Order of preference :

Will the Minister of.................................be pleased to state :

(a) whether

58

FORM FOR UNSTARRED QUESTION

Serial No......................

FOR OFFICE USE Subject.............................................

Date of Notice...................................

Date of Answer..................................

Priority, if any...................................

Place..................................

Date...................................

From :

Shri/Smt.........................................., M.L.A.

To

The Secretary,


Shimla-171004.

Sir,

Under Rule 41 of the Rules of Procedure and Conduct

of Business, I give notice of the following starred question

for answer on ........................

Yours faithfully,

Member,

Constituency No. & Name................................

Order of preference :

Will the Minister of.................................be pleased to state :

(a) whether

59

FORM FOR INTIMATION REGARDING CONSOLIDATION OF

QUESTIONS

SHORT NOTICE/STARRED/UNSTARRED DIARY No....................................

H.P. LEGISLATIVE ASSEMBLY SECRETARIAT

From :

The Secretary,

H.P. Legislative Assembly, Shimla-4.

To

Shri/Smt........................................................................, MLA.

Subject : Bracketing of Questions.

Sir/Madam,

I am directed to refer to your notice for short notice/starred/unstarred

question in respect of...................................................and to state that the question

referred to above being identical has been bracketed with short

notice/starred/unstarred Question No. .....................................................................of

Shri....................................................., MLA.

Yours faithfully,

Secretary,

H.P. Legislative Assembly.

60

FORM FOR REPLIES OF SHORT NOTICE/STARRED/UNSTARRED

QUESTIONS

Name of Department...................................................................................................

Subject :.........................................................

Question No. : ............................................................................................................

Date of Reply :.............................................................................................................

Asked by : .................................................................................................................

Concerned Minister :.....................................................................................

Question Answer

(a) (a)

(b) (b)

(c) (c)

FORM FOR HALF-AN-HOUR DISCUSSION

61

Place :...........................

Date :............................

From

Shri/Smt....................................................................., MLA

To

The Secretary,


Sir,


notice of my intention to raise discussion on the following points arising out of the

answer given to starred/Unstarred/Short Notice question No. ....................................

on..........................................200 .

(i)

(ii)

(iii)

An explanatory note stating reasons for raising the discussion is attached

herewith.

Yours faithfully,

Member.

Constituency No. & Name...........................

FORM FOR CALLING ATTENTION

62

Place :...........................

Date :............................

From

Shri/Smt....................................................................., MLA

To

The Secretary,


Sir,


notice of my intention to call the attention of the Minister of .....................................

to the following matter of urgent public importance and to request that the Minister

may make a statement thereon :—

(Subject Matter)

Yours faithfully,

Member.


Copy to :—

1. The Speaker.

2. The concerned Minister.

FORM FOR SHORT DURATION DISCUSSION

63

Place :...........................

Date :............................

From

Shri/Smt....................................................................., MLA

To

The Secretary,


Sir,


notice of my intention to raise a discussion for short duration of the following

matter of urgent public importance :—

(Subject Matter of Motion)

Yours faithfully,

Member.


Supported by :—

1. .............................................MLA

2. .............................................MLA

FORM FOR ADJOURNMENT MOTION

64

Place :...........................

Date :............................

From

Shri/Smt....................................................................., MLA

To

The Secretary,


Sir,


notice of my intention to ask for leave to move a motion for the adjournment of the

business of the House for the purpose of discussing a definite matter of urgent

public importance.

(Subject Matter of Motion)

Yours faithfully,

Member.


Copy to :—

1. The Speaker.

2. The concerned Minister.

3. The Parliamentary Affairs Minister.

FORM FOR RESOLUTION

65

Place :...........................

Date :............................

From

Shri/Smt....................................................................., MLA

To

The Secretary,


Sir,

I hereby give notice to my intention under rule 101 of the Rules of

Procedure and Conduct of Business to move the following resolution during the

ensuing/current session of Legislative Assembly.

Yours faithfully,

Member.


(Resolution)

FORM FOR RULE 117 OR 130

66

Place :...........................

Date :............................

From

Shri/Smt....................................................................., MLA

To

The Secretary,


Sir,

I hereby give notice of my intention under rule 117/130 of the Rules of

Procedure and Conduct of Business of H. P. Legislative Assembly to move the

following resolution during the ensuing/current session of Legislative Assembly :

That............................................

...................................................

...................................................

Yours faithfully,

Member.


List of points and explanatory memorandum.

.......................................................................

.......................................................................

.......................................................................

FORM FOR RULE 324

67

Place :...........................

Date :............................

From

Shri/Smt....................................................................., MLA

To

The Secretary,


Sir,

I request the Hon'ble Speaker to permit me under Rule 324 to mention the

following matter of urgent public importance in the House on...................................

If permitted, I will make the statement as under :—

Yours faithfully,

Member.


FORM FOR NOTICE OF BILL

68

Place :...........................

Date :............................

From

Shri/Smt....................................................................., MLA

To

The Secretary,


Shimla-171 004.

Sir,

I give notice of my intention to move for Leave to introduce during the

next/current session of Legislative Assembly the following Bill :—

Short Title.............................................

2. I enclose herewith :

(a) A copy of the Bill;

(b) Statement of objects and reasons duly signed;

(c) Financial memorandum;

(d) Memorandum regarding Delegated Legislation; and

3. I also request you to obtain, if necessary, the recommendation of the

Governor for introduction and/or consideration of the Bill in Legislative Assembly.

Yours faithfully,

Member.


FORM FOR AMENDMENTS TO BILLS

69

Place :...........................

Date :............................

From

Shri/Smt....................................................................., MLA

To

The Secretary,


Shimla-171 004.

Subject.—Notice of Amendments to Bills.

Sir,

I hereby give notice of the under mentioned amendments in

clause........................................of the.................................Bill, 201 .

Clause Line Amendment

Yours faithfully,

Member.


FORM OF CUT MOTIONS FOR DISAPPROVAL OF POLICY

70

Place :...........................

Date :............................

To

The Secretary,


Shimla-171 004.

Sir,

I hereby give notice of the following cut motions :—

Demand No.............................................

That the demand under the head....................................................................

(Pages........................) be reduced to Re. I (Disapproval of policy regarding

.............................................................................).

Yours faithfully,

Member.


FORM OF CUT MOTIONS FOR ECONOMY CUT

71

Place :...........................

Date :............................

To

The Secretary,


Shimla-171 004.

Sir,


Demand No.............................................


(Pages........................) be reduced by Rs. ...................................................................

(economy).....................................................................................................................

................. .............................................

Yours faithfully,

Member.


FORM OF CUT MOTIONS FOR TOKEN CUT

72

Place :...........................

Date :............................

To

The Secretary,


Shimla-171 004.

Sir,


Demand No.............................................


(Pages........................) be reduced by Rs. 100 (to discuss...........................................

..........................................................................................................................)

Yours faithfully,

Member.


73

FORM OF AMENDMENTS ON THE MOTION OF THANKS ON

GOVERNOR'S ADDRESS

To

The Secretary,


Shimla-171 004.

Sir,

That at the end of the Motion of Thanks on the Address of the Governor,

the following be added :

But regret that

Yours faithfully,

Member.


74

FORM FOR PETITION

To

The Secretary,

Himachal Pradesh Legislative Assembly.

The humble petition of

(Here insert name and designation or description of petitioner(s) in concise

form, e.g. "A.B. and other" or "the inhabitants of............................." or "the

municipality of............................" etc.

Sheweth :

(Here insert concise statement of case) and accordingly your petitioner (s)

pray that :

(Here insert "that the Bill be or be not proceeded with" or that special

provision be made in the Bill to meet the case of your petitioner(s) or any other

appropriate prayer regarding the Bill or matter before the House or a matter of

general public interest).

And your petitioner(s) as in duty bound will ever pray.

Name of Address Signature or

Petitioner thumb impression

Countersignature of Member presenting.

75

ACKNOWLEDGEMENT FORM FOR PETITION

From

The Secretary,


To

Shri/Smt ...................................................................,M.L.A.

..........................................................................................

Subject :

.........................................................................................

Sir,

I am directed to inform you regarding acknowledgement of your petition

dated........................................................, on the above subject.

Yours faithfully,

Secretary,


76

FORM FOR REPORT ON PETITION BY THE SECRETARY

Sir, under rule........................................................of the Rules of Procedure

and Conduct of Business of the Himachal Pradesh Legislative Assembly, I have to

report the.......................................petition as per statement laid on the Table have

been received relating to................................(in case of Bills) the Bill to provide

for.....................................which was introduced in the House on

the..........................201 .

By Shri.....................................

STATEMENT

Petitions relating to..................................................(in case of Bills) the

Bill to provide for.................................................which was introduced in the House

on the.....................................201 .

No. of Signatories District or Town State

77

FORM FOR COMMUNICATION OF ARREST, DETENTION,

CONVICTION OR RELEASE ETC. OF A MEMBER

Place :..........................................

Date :...........................................

To

The Speaker,

Legislative Assembly,

Himachal Pradesh,

Shimla-4.

(A)

Dear Speaker,

I have the honour to inform you that I have found it my duty in the

exercise of my powers under section.................................................................of the

........................................of the.......................................................................(Act), to

direct that Shri......................................., Member of the Legislative Assembly be

arrested/detained for........................................................................................(reasons

for the arrest or detention, as the case may be).

Shri.........................................................................M.L.A., was accordingly

arrested/taken into custody at.............................................................................(time)

on......................................................................(date) and is at present lodged in

the......................................................(Jail)....................................................(Place).

(B)

Have the honour to inform you that Shri.........................................MLA,

was tried at the............................................Court before me on a charge (or charges)

of................................................(reasons for the conviction).

On................................(date) after a trial lasting for.........................days, I

found him guilty of.........................................and sentenced him to imprisonment

for............................................(period).

His application for leave to appeal to.........................................is pending

consideration.

(C)

I have the honour inform you that Shri........................................MLA, who

was convicted on.......................................................................(date) and imprisoned

for.................................................(period) for...........................................(reasons for

78

conviction) was released on bail pending appeal (or released on the sentence being

set aside on appeal, as the case may be) on...........................................(date).

Yours faithfully,

(Judge, Magistrate or Executive Authority).

Name of the Court.

SECOND SCHEDULE

List of Public Undertakings

1. Himachal Pradesh Financial Corporation, Shimla.

2. Himachal Pradesh State Electricity Board Ltd., Shimla.

3. Himachal Pradesh Road Transport Corporation, Shimla.

4. Himachal Pradesh Power Corporation Ltd.

5. Himachal Pradesh Power Transmission Corporation Ltd.

6. Himachal Pradesh Housing and Urban Development Authority, Shimla.

7. Himachal Pradesh Scheduled Castes and Scheduled Tribes Development

Corporation, Solan.

8. Himachal Pradesh Ex-Servicemen Corporation, Hamirpur.

9. Himachal Pradesh State Industrial Development Corporation Limited,

Shimla.

10. Himachal Pradesh General Industries Corporation, Shimla.

11. Himachal Pradesh Agro-Industries Corporation Ltd., Shimla.

12. Himachal Pradesh Horticultural Produce Marketing & Processing

Corporation Shimla.

13. Himachal Pradesh State Forest Development Corporation, Shimla.

14. Himachal Pradesh State Civil Supplies Corporation Shimla.

15. Himachal Pradesh State Handicrafts and Handloom Corporation Ltd.,

Shimla.

16. Himachal Pradesh Tourism Development Corporation Ltd., Shimla.

17. Himachal Pradesh State Electronics Development Corporation Ltd.,

Shimla.

18. Himachal Pradesh Women Development Corporation, Solan.

19. Himachal Pradesh Khadi & Village Industries Board, Shimla.

20. Himachal Pradesh State Co-operative Milk Producers Federation Ltd.,

Shimla.

21. Himachal Backward Classes Finance & Development Corporation,

Kangra.

22. Himachal Pradesh Minorities Finance & Development Corporation.

79

APPENDIX

Statement Showing the subject matter of directions issued by the Speaker

and printed in this compilation together with references to rules under which these

directions have been issued.

Sr. No. Subject of Direction Rule under which

direction has been

issued

1 2 3

1. Oath or Affirmation 346

2. Relative precedence of different classes of business 346

3. Day of ballot 33 (a)

4. Presence of Members 346

5. Method of ballot 346

6. Result of ballot 346

7. Application of procedure also to Private Members' 346

Bills.

8. Statutory Resolution 346

9. Notices of questions 346

10. Consolidation of questions on same or allied subject 346

11. Placing of questions for oral answer in the list of 346

questions in rounds.

12. Laying of advance copies of replies on the Table 346

of the House.

13. Answering together of starred questions on the 346

same subject appearing in day's starred questions,

list.

14. Printing of questions in proceedings 330

15. Postponement of questions 346

16. Procedure for Ministers correcting answers to starred/ 346

short notice questions.

80

1 2 3

17. Procedure for Ministers correcting answers of 346

unstarred questions.

18. Advance copies of statements by Minister correcting 346

answers and procedure after statements made.

19. Short Notice questions 346

20. Time-limit for sending replies of questions 346

21. Dispensing with of question hour 346

22. Laying of statement in reply 346

23. Notice of motion for leave to introduce Government 346

Bills.

24. Prior circulation of Bills for introduction 346

25. Giving of authority for introduction of Bills 346

26. Giving of authority to another member to pilot a Bill 346

after introduction.

27. Form to add a new clause to a Bill 346

28. Procedure for carrying out of corrections in Bills 346

29. Procedure for incorporating corrections in the printed 346

debate.

30. Advance intimation to member regarding withdrawal 346

of Government Bill.

31. Removal of pending Bill from the register of Bills 346

32. Examination and presentation 346

33. Defective petition is to be withdrawn 346

34. Inadmissibility of petitions 346

35. Forwarding of Report 346

36. Classification of Motions 346

81

1 2 3

37. Member to be shown in proceedings as mover 346

of motion, amendment and cut motion.

38. Amendments or cut motions moved but not put to the 346

vote of the House.

39. Treatment of amendment or motion moved but not 346

pressed.

40. Order of putting substitute motions to vote 346

41. Motion for reference of a Bill to a Select Committee 346

42. Withdrawal of private members' Bill 346

43. Procedure when two Calling Attention Notices 346

admitted for a day.

44. Resignation of seats in House 346

45. Committees of the House 236

46. Applicability of general directions to House 236

Committee.

47. Venue of sittings 236

48. Postponement of sittings for want of quorum 236

49. To keep record of the presence of Members 236

50. Speaker's permission for remaining absent in 236

Committees' sittings.

51. Procedure for speaking in Committees 236

52. Personal, pecuniary or direct interest of Members 236

53. Putting of question to vote 236

54. Reopening of question 236

55. Proceedings and documents treated as confidential 236

56. Procedure regarding Sub-Committee 236

82

1 2 3

57. Evidence of experts and related parties 236

58. Evidence of witnesses to be treated as public 236

59. Evidence of Government officials before a 236

Committee

60. A Central Government or other State Government's 236

official not to be summoned to appear as witness

without Speaker's orders.

61. Consideration of memoranda supplied by witnesses 236

62. Mode of examination of witnesses 236

63. Mode of addressing communications on matters 236

before Committees.

64. Procedure for presenting views of departments to 236

Speakers.

65. Expunction from documents presented to Committee 236


67. Minutes 236

68. Laying of minutes on the Table of the House 236

69. Reports 236

70. Circulation and consideration of draft Report 236

71. Mention of evidence in the report 236

72. Presentation of a report of Committee to the Speaker 236

73. Power of Chairman of a Committee/Sub-Committee 236

to correct patent errors or matters of factual nature in

the report.

74. Printing and circulation of reports 236

75. Publication of report of a Committee after circulation 236

to matters.

83

1 2 3

76. Action taken on recommendations of Estimates 236

Committee or Committee on Public Accounts or

Committee on Public Undertakings.

77. Implementation of assurances given by Minister on 346

the floor of the House.

78. Appointment of Chairmen/Members of the House 346

Committees in the Government's Committee.

79. Ministers not to be called before Committee 236

80. Functions of the Committee on Subordinate 236

Legislation.

81. Examination of Bills referred to Committee by 236

Speaker.

82. Supply of material by departments or other 236

authorities.

83. Procedure of examination 236

84. Circulation of memoranda 236

85. Seating arrangement in the Committee and Sub- 346

Committee and other related matters.

86. Rules to be observed by witnesses (including 346

government officials) appearing before the

Committees and sub-Committees of the House.

87. Tours of Committees and Sub-Committee 346

88. Memoranda/Representations addressed to Select 236

Committee.

89. Notice and admissibility of amendments 236

90. No general discussion on the Bill 236

91. Clause by Clause discussion of the Bill 236

92. Consideration of draft report and Bill as amended 236

84

1 2 3

93. Speaker to be kept informed of the Committee's 236

Progress.

94. Extension of time for presentation of report of Select 236

Committee.

95. Submission of memoranda on a Bill 236

96. Petitions on Bills stand referred to the Select 236

Committee.

97. Action taken on petitions etc. to be stated in the 236

report of the Select Committee.

98. Pattern of report of Committee 236

99. Minute of dissent 236

100. Date of Minute of dissent 236

101. Minute of dissent from a member who remained 236

absent from the sittings of the Committee.

102. Committee to be informed of direction 101 236

103. Minute of dissent to be given after adoption 236

of the report.

104. Minute of dissent not acceptable after the presentation 236

of the report.

105. Expunction from minute of dissent 236

106. Documents to be presented along with report 236

107. Circulation of report 236

108. Guidelines for the introductory paragraphs of the 346

report of a Select Committee report.

109. Procedure of giving notice 346

110. Notices of amendment to Bills or Resolutions 346

111. Lapsing of notice by member when appointed as 346

Minister.

85

1 2 3

112. Notices of suspended members 346

113. Giving of notices before taking an oath or affirmation 346

114. Time limit for notices 346

115. Time fixed for notices 346

116. Procedure for giving notices of short duration 346

discussions and motions.

117. Inadmissible notices 346

118. Procedure for Minister correcting a mistake and 346

inaccuracy in statements made in the debate.

119. Papers to be laid on the Table and entry thereof in 346

the list of Business.

120. Procedure for laying of papers by private members 346

121. Authentication of papers to be laid by private 346

members.

122. Advance intimation and copy of statement by a 346

Minister.


124. Availability of the proceedings of the House 346

125. Procedure for making allegations against Members/ 346

Ministers in the House.

126. Annual Administrative Reports 346

127. Sessions and sittings of the House 346

128. Furnishing of copies of papers, documents etc. for 346

circulation to members.

129. Copies of notices received from members and 346

copies of resolutions/motions passed by the

House to be made available to the Secretaries

of concerned departments.

86

1 2 3

130. Effect of suspension 346

131. Recognition to party 346

132. Conditions for recognition 346

133. Recognition to Leader of Opposition 346

134. Facilities to parties 346

135. Facilities to the Leader of Opposition in the 346

precincts of the Legislative Assembly.

136. Certain facilities to associations of members not 346

recognized as Party or Alliance.

137. Circulation of papers and publications received 346

from departments and other authorities.

138. Special mention under rule-324 324

139. Precincts of the Legislative Assembly Estates 3(1)

140. Maintenance of order within the precincts of the 346

Legislative Assembly.

141. Procedure for pointing out mistake or inaccuracy 346

in statements made by Ministers or Members.

142. Methods for participation in debate and selection 346

of speakers.

143. Personal explanation by the Members 346

144. Procedure for submission of record when appearing 346

before Court of Law to give evidence or otherwise.

145. Restriction on taking arms, tape-recorders and mobile 346

phones on the chamber of the House.

146. Restriction on taking arms with in the precincts of 346

the House.

147. Service of summons to the Members 346

148. Presence of members and daily allowance 346

87

1 2 3

149. Annual Administrative Report of H.P. Staff 346

Selection Commission

150. Laying of Rules framed under article 166(3) of 346

the Constitution.

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