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