BANGLADESH PARLIAMENT
RULES OF PROCEDURE
OF
PARLIAMENT OF
THE PEOPLES'S REPUBLIC OF
BANGLADESH
[As modified up to 11th
January, 2007]
PREFACE
Honourable President of the People’s Republic of Bangladesh made the Rules of Procedure of the Parliament to regulate the Parliamentary procedure as per Article 75 (1) (a) of the Constitution on 1st April 1973 which was followed until 22nd July 1974.
The 1st National Parliament adopted the Rules of Procedure on 22nd July 1974 and it was published in the Bangladesh Gazette Extra-ordinary on 23rd July 1974. Since then till 2006, the Rules of Procedure has been amended on ten occasions i.e. twice in the 2nd Parliament, once in the 3rd Parliament, four times in the 4th Parliament, once in each of the 5th, 7th and the 8th Parliaments.
The Standing Committee on Rules of Procedure of the 2nd Parliament placed a report on 13 February 1980 recommending amendments for rules 2, 4, 5 48, 49, 53, 98, 99, 118, 119, 127, 145,159, 162, 172, 191, 200, 205, 219, 231, 233, 240, 246, 256, 259, 260, 261, 262, 263, 264, 265, 295, 296, 296A, 296B and 310 which was considered and adopted by the House on 3rd March 1980. The same Parliament adopted another amendment of rule 248 on 4th June 1981, which was published in the Bangladesh Gazette Extra-ordinary on 9th June 1981.
The 3rd Parliament adopted amendment of rule 219 of the Rules of Procedure on 12th July 1987, which was published in the Bangladesh Gazette Extra-ordinary on 14th July 1987.
Amendment of rule 246 was adopted by the 4th Parliament on11th May 1988 and it was published in the Bangladesh Gazette Extra-ordinary on the same day. The Standing Committee on Rules of Procedure of the 4th Parliament placed a report with recommendation for amendments of rules 3, 8, 22, 75, 145, 247, 278 and rule 4 of the 1st Schedule on 15th February 1989 which was considered and adopted by the House and published in the Bangladesh Gazette Extra-ordinary on the same day. The 4th Parliament adopted amendments regarding insertion of sub rule (3) after sub rule (2) of rule 189 on 31st May 1989 and insertion of chapter 21A, 21B in the Rules of Procedure was also adopted on 10th July 1989.
In the 5th Parliament the Standing Committee on Rules of Procedure placed a report on 26th January 1991 recommending amendments for rules 2,15,16, 42, 49, 53, 62, 71, 71A, 100, 131, 137, 142, 159, 162, 162A, 162B, 164, 189, 213, 233, 238, 239, 240, 248, 249, 257 &278 which were considered and adopted by the House on 5th February 1992 and it was published in the Bangladesh Gazette Extra-ordinary on the same day.
The 7th Parliament adopted amendment of rule 247 of the Rules of Procedure on 10th June 1997, which was published in the Bangladesh Gazette Extra-ordinary on the same day.
The Standing Committee on Rules of Procedure of the 8th Parliament submitted before the House a report recommending amendments for rules 41, 48, 56, 57, 71A, 107, 140, 246, 267 and 304 on 20th September 2006 which the House considered and adopted on 26th September 2006 and accordingly it was published in the Bangladesh Gazette Extra-ordinary on the same day.
The present edition incorporates all the amendments made so far in the Rules of Procedure.
|
Dhaka 28th Paush, 1413 11th January, 2007 |
A T M Ataur
Rahman Secretary Bangladesh Parliament |
TABLE OF CONTENTS
CHAPTER I
Short Title and Definitions
RULE
1. Short Title *
2. Definitions *
CHAPTER II
Summoning, Prorogation and
Dissolution of Parliament and Seating,
Oath and Roll of Members
3. Summoning of Parliament *
4. Prorogation or dissolution of Parliament *
5. Oath of Members *
6. Roll of Members *
7. Seating of Members *
CHAPTER III
Election of the Speaker and Deputy
Speaker and nomination of a Panel of Chairmen
8. Election of the Speaker *
9. Procedure for Election of the Deputy Speaker *
10. Filling of vacancies in office of Speaker or Deputy Speaker *
11. Resignation of the Speaker or the Deputy Speaker *
12. Panel of Chairmen and Temporary Chairman *
13. Powers of person presiding *
CHAPTER IV
Powers and functions of the
Speaker and the Deputy Speaker
14. Powers and functions of the Speaker *
15. Withdrawal of member *
16. Suspension of member *
17. Suspension of sitting *
18. When Deputy Speaker is to take the Chair *
19. Delegation of powers of Speaker *
CHAPTER V
Sittings of the House
20. Days of sittings *
21. When a sitting of the House is duly constituted *
22. Hours of sittings *
23. Adjournment of sittings *
CHAPTER VI
Arrangement of Business and Orders
of the Day
(A) Arrangement of Business
24. Classes of business *
25. Allotment of time for transaction of business *
26. Arrangement of Government business *
27. Precedence of Private Members' Bills *
28. Ballot in respect of identical Bills *
29. Precedence of resolutions *
30. Business outstanding at the end of the day *
31. Resumption of adjourned debate on Private Members' Bill or resolution *
(B) Orders of the Day
32. Orders of the Day *
CHAPTER VII
President's Address and Messages
to and from the House
33. President's Address *
34. Allotment of time for discussion of the address *
35. Other business that may be taken up *
36. Government's right of reply *
37. Time-limit for speeches *
38. Message from the President *
39. Communications from the President to the House *
40. Communications from Parliament to the President *
CHAPTER VIII
Questions and Short Notice Questions
(A) Questions
41. Time of questions *
42. Notice of questions *
43. Form of notice of question *
44. Questions for oral answer to be distinguished by asterisks *
45. Speaker to decide if a question is to be treated as starred or unstarred *
46. Notice of admission of questions *
47. Allotment of days for questions *
48. List of questions *
49. Number of questions to be put on any one day *
50. Withdrawal or postponement of questions *
51. Mode of asking questions and giving answers to them *
52. Written answer to questions not answered orally *
53. Conditions of admissibility of questions *
54. Matters to which questions shall relate *
55. Speaker to decide the admissibility of questions. *
56. Supplementary questions *
57. Publicity of answers to questions in advance. *
58. Prohibition of discussion of question or answer *
(B) Short Notice Questions
59. Short Notice Questions *
CHAPTER IX
Half-an-Hour Discussion
60. Discussion on a matter of public importance arising out of answer to a question. *
CHAPTER X
Motion for adjournment on a matter
of public importance
61. Speaker’s consent necessary to make motion. *
62. Method of giving notice *
63. Restrictions on the right to make adjournment motions. *
64. Time for asking leave for motion. *
65. Procedure to be followed *
66. Closure of debate. *
67. Time-limit for speeches *
CHAPTER XI
Discussion on matters of urgent
public importance for short duration
68. Notice of raising discussion. *
69. Speaker to decide admissibility *
70. No formal motion, time limit for speeches *
CHAPTER XII
Calling attention to matters of
urgent public importance
71. Calling attention to matters of urgent public importance *
CHAPTER XIIA
71A. Statement of a member on matters of urgent Public importance *
CHAPTER XIII
Legislation
PART I - INTRODUCTION OF BILLS
SECTION (A). - Private Members'
Bills
72. Notice of Private Members' Bills *
73. Mode of obtaining and communicating recommendation of President *
74. Introduction of Private Members' Bills *
SECTION (B). - Government Bills
75. Introduction of Government Bills *
PART II.
- PUBLICATION OF BILLS
76. Publications of Bills *
PART III.
- CONSIDERATION OF BILLS
77. Motions after introduction and time for consideration of Bills *
78. Discussion of principles of Bills *
79. Persons by whom motions in respect of Bills may be made *
80. Procedure after presentation of report of Select/Standing Committee *
81. Scope of debate on report of Select/Standing Committee *
82. Mode of moving amendments *
83. Notice of amendments *
84. Conditions of admissibility of amendments *
85. Arrangement of amendments *
86. Order of amendments *
87. Withdrawal of amendments *
88. Submission of Bill clause by clause *
89. Clause one, Enacting formula, Preamble and Title of Bill *
PART IV -
PASSING OF BILLS ETC.
90. Passing of Bills *
91. Scope of debate *
92. Correction of patent and clerical errors *
93. Withdrawal of Bills *
94. Voting *
95. Authentication of Bills *
96. Publication of Bills assented to by the President *
PART V. – RECONSIDERATION OF BILLS
RETURNED BY THE PRESIDENT
97. Message of the President and reconsideration of the Bill *
98. Authentication of Bills passed again by the House *
CHAPTER XIV
Amendment of the Constitution
99. Amendment of the Constitution *
CHAPTER XV
Petitions
100. Scope of Petitions *
101.Petitions dealing with financial matters *
102.General form of petition *
103.Authentication of petition *
104.Documents not to be attached *
105.Counter-signature *
106.Petition to be addressed to House *
107.Notice of presentation *
108.Presentation of petition *
109Form of presentation *
110. Reference to Committee on petitions *
CHAPTER XVI
Procedure in Financial Matters
(A) The Budget
111. Presentation of the Budget *
112.Budget not to be discussed on presentation *
113. Stages of the Budget debate *
114.Allotment of days *
General discussion of the Budget
115.General discussion of the Budget *
(B) Demands for Grants
116.Demands for grants *
117.Voting of demands for grants *
118.Cut motions *
119.Conditions of admissibility of cut motions *
120.Speaker to decide admissibility of cut motions *
121.Notice of cut motions *
122.Vote on account *
123.Supplementary, excess and exceptional grants and votes of credit *
124.Scope of discussion on supplementary grants *
125.Token grant *
(C) Appropriation Bill
126.Appropriation Bill *
(D) Finance Bill
127.Finance Bill *
128.Business that can be taken up on a day allotted for financial business *
129.Time-limit for disposal of financial business *
CHAPTER XVII
Resolutions
(A) General
130.Right to move and subject-matter of resolution *
131.Notice of resolution *
132.Form of resolution *
133.Conditions of admissibility of resolutions *
134.Raising discussion on matters before tribunals, commissions, etc. *
135.Speaker to decide admissibility of resolutions *
136.Moving of resolution or its withdrawal *
137.Amendments to resolutions *
138.Withdrawal of resolution or amendment after being moved *
139.Order of amendments *
140.Repetition of resolution *
141.Scope of discussion *
142. Time-limit for speeches *
143.Copy of the resolution passed to Ministers concerned *
(B) Resolutions for disapproval
of Ordinances under clause (2)
of
Article 93 of the Constitution
144.Resolution for disapproval of Ordinance *
145.Rules not to apply to certain Constitutional resolutions *
CHAPTER XVIII
Motions (General)
146. Discussion on a matter of public interest *
147.Notice of motions *
148.Conditions of admissibility of motions *
149.Motion for raising discussion on matters before tribunals, commissions, etc. *
150.Speaker to decide admissibility of motions *
151. Identical motions *
152. Right to speak more than once *
153. Right of reply *
154.Amendments *
155.Withdrawal of motions *
156.Allotment of time and discussion of motions *
157. Speaker to put question at the appointed time *
158.Time-limit for speeches. *
CHAPTER XIX
Motion of No-confidence in
Ministers and statement by a
Minister who has resigned
159.Motion of No-confidence in Ministers *
160.Statement by a Minister who has resigned. *
CHAPTER XX
Resolution for removal of Speaker
or Deputy Speaker from office
161.Resolution for removal of Speaker or Deputy Speaker *
CHAPTER XXI
Motions for impeachment of the
President and his removal
from
office on ground of incapacity
162.Procedure for impeachment of the President and his removal from office
on ground of incapacity. *
162A.[Omitted]
162B.[Omitted]
CHAPTER XXII
Privileges
(A) Questions of Privileges
163.Question of privilege *
164. Notice of question of privilege *
165.Conditions of admissibility of question of privilege *
166. Mode of raising a question of privilege *
167.Time for question of privilege *
168. Consideration by the House or reference to the Standing Committee on Privileges *
169.Reference of Questions of Privilege to Standing Committee on Privileges by Speaker *
170. Power of Speaker to give directions *
171. Priority for consideration of report of the Committee *
(B) Intimation to Speaker of arrest, detention, etc., and
release of a member
172.Intimation to Speaker by Magistrate, of arrest, detention etc., of a member *
173.Intimation to Speaker on release of a member *
174.Arrest within the precincts of the House *
175.Service of legal process *
176.Treatment of communications received from Magistrate, etc. *
CHAPTER XXIII
Resignation and vacation of seats
in the Parliament
177. Resignation of seats in the House *
178. Reference to Election Commission and vacation of seats *
CHAPTER XXIV
Leave of absence from the Sittings
of Parliament
179. Application for leave of absence *
180. Attendance Register *
CHAPTER XXV
Secret sittings of the House
181.Secret sittings of the House *
182.Report of proceedings *
183.Procedure in other respects *
184.Lifting ban of secrecy *
185.Disclosure of proceedings or decisions *
CHAPTER XXVI
Procedure for Amendment of Rules
186.Amendment of Rules *
CHAPTER XXVII
Rules Regulating Committees
(A) General
187.Committee *
188.Appointment of Committee *
189.Term of office of a Committee *
190.Resignation from Committee *
191.Chairman of Committee *
192.Quorum *
193.Discharge of members absent from sittings of Committee *
194.Voting in Committee *
195.Casting vote of Chairman *
196.Power to appoint Sub-Committees *
197.Sittings of Committee *
198.Committee may sit whilst Parliament is sitting *
199.Sittings of Committee in private *
200. Venue of sittings *
201. All strangers to withdraw when Committee deliberates *
202.Power to take evidence or call for documents *
203. Power to send for persons, papers and records *
204.Evidence on oath *
205.Procedure for examining witnesses *
206.Record of decisions of Committee *
207.Evidence, report and proceedings treated as confidential *
208.Special reports *
209.Report of Committee *
210.Availability of report to Government before presentation *
211.Presentation of report *
212.Printing, publication or circulation of report prior to its presentation to House *
213.Power to make suggestions on procedure *
214.Power of Speaker to give directions *
215. Business before Committee not to lapse on prorogation of House *
216.Unfinished work of Committee *
217.Applicability of general rules to Committees *
218.Secretary to be ex-officio Secretary of Committees or he may authorise any officer *
(B) Business Advisory Committee
219.Constitution of Business Advisory Committee *
220.Functions of the Committee *
221.Notification of allocation of Time Order *
(C) Committee on Private
Members' Bills and Resolutions
222.Constitution of Committee on Private Members’ Bills and Resolutions *
223.Functions of the Committee *
224.Notification of classification and allocation of Time Order *
(D) Select Committees on Bills
225.Constitution of Select Committee *
226.Notice of Amendments and procedure generally *
227.Power of Committee to take evidence *
228.Report of the Committee *
229.Presentation of report *
230.Printing and publication of reports *
(E) Committee on Petitions
231.Constitution of Committee on Petitions *
232.Functions of the Committee *
(F) Standing Committee on
Public Accounts
233.Functions of Committee on Public Accounts *
234.Constitution of the Committee *
(G) Committee on Estimates
235.Functions of Committee on Estimates *
236.Constitution of the Committee *
237.Examinations of Estimates by Committee *
(H) Committee on Public
Undertakings
238.Functions of Committee on Public Undertakings *
239.Constitution of the Committee *
(I) Standing Committee of
Privileges
240.Constitution of Committee of Privileges *
241.Examination of question by Committee *
242.Consideration of report *
243.Priority for consideration of report of the Committee *
(J) Committee on Government Assurances
244.Functions of Committee on Government Assurances *
245.Constitution of the Committee *
(K) Standing Committees on
certain other subjects
246. Appointment of Committees on certain other subjects *
247. Constitution of the Committee *
248. Functions of Committee *
(L) House Committee
249.Constitution of House Committee *
250.Functions of the Committee *
251.Accommodation Sub-Committee *
252.Power to appoint Sub-Committee *
253.Secretariat for Committee *
254.Record of proceedings and Minutes of Committee *
255.Appeal against decision of Committee or Sub-Committee *
256.Provisions applicable in other respects *
(M) Library Committee
257.Constitution of Library Committee *
258.Functions of the Committee *
262.Provisions applicable in other respects *
(N) Standing Committee on Rules
of Procedure
263.Functions of Rules Committee *
264.Constitution of the Committee *
265.Laying of report on the Table *
(0) Special Committee
266.Composition and Functions *
CHAPTER XXVIII
Rules to be observed by members
267.Rules to be observed by members while present in the House *
268.Member to speak when called by Speaker *
269.Mode of addressing House *
270.Rules to be observed while speaking *
271.Procedure regarding allegation against a person *
272.Questions to be asked through Speaker *
273.Irrelevance or repetition *
274.Personal explanation *
275.Member not to speak after question is put *
276.Address by Speaker *
277.Procedure when Speaker rises *
CHAPTER XXIX
General Rules or Procedure
Notices
278.Notices by members *
279.Circulation of notices and papers to members *
280.Publicity of notices in advance *
281.Speaker to amend notices of questions and motions, etc. *
Motions
282.Repetition of motions *
283.Adjournment of debate on motion and dilatory motion in abuse of the rules of House *
Anticipating Discussion
284.Anticipating discussion *
Amendments
285.Scope of amendments *
286.Selection of amendments *
287.Putting of amendments *
Order of speeches and right of
reply
288.Order of speeches and right of reply *
289.Mover’s reply concludes debate *
Closure
290.Closure *
291.Limitation of debate *
Question for Decision
292.Procedure for obtaining decision of House *
293.Proposal and putting of question *
294.No speech after voices collected *
Voting and Division
295. Voting *
296.Division *
296A.Division by automatic vote recorder. *
296B.Division by going into the Lobbies *
Papers quoted to be laid on the
Table
297.Papers quoted to be laid on the Table *
298.Treatment of papers laid on the Table. *
299.Procedure when a Minister discloses source of advice or opinion given to him *
Statement made by a Minister
300.Statement made by a Minister *
Points of Order
301.Points of Order and decisions thereon *
302.Raising a matter which is not a point of order *
Maintenance of Order
303.Speaker to preserve order and enforce decisions *
Quorum
304.Quorum *
Language of the House
305.Language of the House *
Report of Proceedings
306.Report of Proceedings of House *
307.Expunction of words from debates *
308.Indication in printed debates of expunged proceedings *
Printing and Publication of
Parliamentary Papers
309.Printing and Publication of Parliamentary Papers *
Custody of Papers
310.Custody of Papers *
Chamber of the House
311.Restriction on use Chamber of House *
Admission of Strangers
312.Admission of strangers *
313.Withdrawal of strangers *
314.Removal and taking into custody of strangers *
Suspension of Rules
315.Suspension of Rules *
Residuary Powers of the Speaker
316.Residuary Powers of the Speaker *
Lapse of Business
317.Lapse of pending notices on prorogation of House *
318.Effect of dissolution of Parliament *
SCHEDULE I
Ballot procedure for determining relative precedence of Private Members’ Bills
and Resolutions *
SCHEDULE II
Form of Petition *
SCHEDULE III
Form of communication regarding arrest, detention, conviction or release, as the
case may be, of a member *
SCHEDULE IV
List of Public Undertakings *
THE RULES OF PROCEDURE OF PARLIAMENT OF BANGLADESH
These rules may be called the rules of Procedure of Parliament of the People's Republic of Bangladesh.
(e) "Chamber" means the place where Parliament meets;
(f) "Committee" means a Committee set up by or under the authority of Parliament and includes its Sub-committees;
(g) "Constitution" means the Constitution of the People's Republic of Bangladesh;
(h) "Deputy Speaker" means the Deputy Speaker of the Parliament;
(i) "Gazette" means the Gazette of the People's Republic of Bangladesh
(j) "Government" means the Government of the People's Republic of Bangladesh;
(k) "House" Means the Parliament of the People's Republic of Bangladesh;
(l) "Leader of the House" means the Prime Minister or a Minister who is a member of the Parliament and is nominated by the Prime Minister to function as the Leader of the House;
(m) "Leader
of the Opposition" means that member of the Parliament who, in the opinion
of the Speaker, is [ * * *] the Leader in the House of
the Party, or of the Group, as the case
may be, in opposition to the Government having the greatest numerical strength
in the House;
(n) "Lobby" means the covered corridor immediately adjoining the Chamber and coterminous with it;
(o) "Member" means a member of the Parliament;
(p) "Member-in-Charge"
means, in the case of a Government Bill, any Minister and, in the case of any
other Bill, the member who has introduced it or any other member authorised
by him in writing to assume charge of the Bill in his absence;
[(q) "Minister" means a member of the Cabinet and includes the Prime Minister, Ministers of State and Deputy Minister:]
Summoning,
Prorogation and Dissolution of Parliament and Seating,
When Parliament is summoned, the Secretary shall cause a notification to be published in the Gazette stating the date, time and place of the meeting, and shall also cause to be issued to each member a summons intimating these particulars.
Provided that when a session is called at short notice or emergently, summons may not be issued to each member separately but an announcement of the date, time and place of the session shall be published in the Gazette and made in the Press, and members may be informed by telegram.
4. Prorogation
or dissolution of Parliament
When Parliament is prorogued [or dissolved] the Secretary shall cause a notification to that effect to be published in the Gazette.
(1) [Before] the first meting of Parliament after general election, each person elected to Parliament shall, subject to the provisions of sub-clause (c) of clause (2) of Article 71 of the Constitution, make and subscribe and oath (or affirmation) in the form set out in the Third Schedule to the Constitution for member of Parliament before the outgoing Speaker, and in his absence, before the outgoing Deputy Speaker and in the absence of both of them before a person designated by the outgoing Speaker [and if both the offices of the Speaker and the Deputy Speaker are vacant, before a person designated by the President for administering oath to Members and to preside over parliament until a Speaker is elected].
(2) Any person elected to Parliament who has not already made and subscribed the prescribed oath (or affirmation) under sub-rule (1), may do so at a [place and time as may be fixed by the Speaker] in accordance with the provisions contained in paragraph 5 of the Third Schedule to the Constitution.
(3) The outgoing Speaker, if he has been re-elected to the Parliament shall make and subscribe the oath (or affirmation) set out in the Third Schedule to the Constitution for a member of Parliament before [he administers the oath to Members under sub-rule (1)].
There shall be a Roll of Members which shall be signed in the presence of the Secretary by every member immediately after making the oath.
The members shall sit in such order as the Speaker may determine.
Election
of the Speaker and Deputy Speaker and nomination of a Panel of Chairmen
(1) At the first sitting after a general election, [***] Parliament shall proceed to elect a Speaker in the manner hereinafter laid down.
(2) Not less than one hour before the time fixed for the election, any member may give notice in writing, addressed to the Secretary, of a motion that another member be chosen as the Speaker, and the notice shall be seconded by a third member and shall be accompanied by a statement in writing by the member whose name is proposed in the notice that he is willing to serve as Speaker, if elected:
Provided that a member shall not propose his own name, or second a motion proposing his own name, or propose or second more than one motion:
Provided further that a person shall not preside over his own election.
(3) A member in whose name a motion stands on the list of business of the day may, when called, move the motion or withdraw the motion, and shall confine himself to a mere statement to that effect.
(4) The motions which have been moved and duly seconded shall be put one by one in the order in which they have been moved, and decided, if necessary, by division. If any motion is carried, the presiding officer, shall, without putting the other motions, declare that the member, proposed in the motion which has been carried, has been elected as the Speaker.
(5) The person so elected shall make and subscribe the oath (or affirmation) prescribed for the Speaker of Parliament in the Third Schedule to the Constitution.
9. Procedure
for Election of the Deputy Speaker
The procedure prescribed in rule 8 for the election of Speaker shall apply, mutatis mutandis, for the purposes of the election of the Deputy Speaker.
10. Filling
of vacancies in office of Speaker or Deputy Speaker
Whenever the office of the Speaker or of the Deputy Speaker becomes vacant, an election to fill that vacancy shall be held within seven days, if the Parliament is in session or if the Parliament is not in session, at the first meeting thereafter, in accordance with rule 8 or rule 9, as the case may be.
11. Resignation
of the Speaker or the Deputy Speaker
Whenever the Speaker or the Deputy Speaker resigns his office, the Secretary shall, on receipt of an intimation to that effect in writing from the President, cause the resignation to be immediately published in the Gazette, and shall also circulate it to the members if Parliament is in session.
12. Panel
of Chairmen and temporary Chairman
(1) At the commencement of each session, the Speaker shall nominate from amongst the members of Parliament a panel of not more than five Chairmen, and arrange their names in an order of precedence, and in the absence of the Speaker and the Deputy Speaker, the person whose name is highest on the panel, from amongst those present at the sitting, shall take the Chair.
(2) If at any time, at a sitting of parliament neither the Speaker nor the Deputy Speaker nor any person on the panel of Chairmen is present, the Secretary shall inform the House of that fact, and the House shall, by a motion, elect one of the members present to preside.
13. Powers
of person presiding
The Deputy Speaker or any other member competent to preside over a sitting of the House under the Constitution or these rules shall, when so presiding, have the same powers as the Speaker when so presiding and all references to the Speaker in these rules shall in these circumstances be deemed to be references to any such person so presiding.
Powers and
functions of the Speaker and the Deputy Speaker
14. Powers
and functions of the Speaker
(1) In addition to the specific powers and functions provided by these rules and subject to the provisions of clause (4) of article 74 of the Constitution and the second proviso to sub-rule (2) of rule 8 of these rules, the Speaker shall take the Chair at every sitting of the Parliament at the hour to which Parliament adjourned at the last sitting or at the hour at which the Parliament has been summoned to meet.
(2) The Speaker shall call the sitting to order.
(3) The Speaker shall preserve order and decorum, and in the case of disturbance or disorder in the galleries, may cause them to be cleared.
(4) The Speaker shall decide all points of order.
(5) The Speaker shall have all powers necessary for the purpose of enforcing his decisions.
(6) for the purpose of enforcing the orders of the Speaker there shall be appointed a person to act as the Sergent-at-Arms.
The Speaker may direct any member whose conduct is in his opinion, grossly disorderly to withdraw immediately from the House, and any member so ordered to withdraw shall do so, forthwith and shall absent himself [for such a period of the day's sitting as may be decided by the Speaker].
(1) The Speaker may, if he deems it necessary, name a member who disregards the authority of the Chair or abuses the rules of the House by persistently and wilfully obstructing the business thereof.
(2) If a member is so named by the Speaker, the Speaker shall, on a motion being made, forthwith put the question that the member (naming him) be suspended from the service of the House for a period not exceeding the remainder of the session:
Provided that the House may, at any time, on a motion being made, resolve that such suspension be terminated.
(3) A member suspended under this rule shall forthwith withdraw from the precincts of the House.
(4) Suspension of a member from the service of the House shall not be construed as his absence without the leave of the House nor shall it in anyway affect his other rights and privileges as a member.
[(5) It will be deemed to be a breach of privilege/dignity of the House, if any member disregards the directions given by the Speaker under sub-rule (2) and the Speaker may, if he deems it fit, refer the matter to the Standing Committee of Privileges for taking necessary action against the member concerned.]
In the case of gross disorder arising in the House, the Speaker may, if he deems it necessary, suspend any sitting for a time to be specified by him.
18. When
Deputy Speaker is to take the Chair
Subject to the provisions of clause (4) of article 74 of the Constitution and other provisions of these rules, in the absence of the Speaker, the Deputy Speaker shall take the Chair at a sitting of Parliament.
19. Delegation
of powers of Speaker
The Speaker may, by an order in writing, delegate to the Deputy Speaker all or any of his powers under these rules.
The Parliament shall sit on such days as the Speaker, having regard to the state of business of the House, may from time to time direct.
21. When
a sitting of the House is duly constituted
A sitting of Parliament is duly constituted when it is presided over by the Speaker or any other member competent to preside over a sitting of Parliament under the Constitution or the rules.
A time-table for sitting of the House shall be decided according to the direction of the Speaker.]
Subject to the other provisions of these rules, the Speaker may -
Arrangement of Business and Orders of the
Day
(1) Business of the House shall be classified as -
(2) Government business shall consist of Bills, the Budget, Resolutions, Amendments and other motions introduced or initiated by a Minister.
(3) Private Members' business shall consist of Bills, Resolutions, Amendments and other motions introduced or initiated by Private Members.
25. Allotment
of time for transaction of business
On Thursday Private members' business shall have precedence, and on all other days, no business other than government business shall be transacted:
Provided that the Speaker may allot different Thursday for the disposal of different classes of Private Members' business and on Thursday so allotted for any particular class of such business, business of that class shall have precedence:
Provided further that if there is no sitting of the House on a Thursday, the Speaker may, if the volume of Private Members' business so requires, direct that any other day in the week may be allotted for Private Member's business:
Provided further that the Speaker if he deems it necessary, may, in consultation with the Leader of the House, allot any day other than Thursday for the transaction of Private Members' business.
26. Arrangement
of Government business
The Secretary shall arrange Government business in such order as the Speaker may, after consultation with the Leader of the House, determine:
Provided that such order of business shall not be varied on the day that business is set down for disposal unless the Speaker is satisfied that there is sufficient ground for such variation.
27. Precedence
of Private Members' Bills
(1) The relative precedence of notices of Bills given by Private Members' shall be determined by the ballot to be held in accordance with the procedure set out in Schedule I, subject to the authority of the Speaker to make minor variations in the procedure from time to time.
(2) The ballot shall be held on such day, not being less than five days before the day with reference to which the ballot is held, as the Speaker may direct, and the result of the ballot shall be intimated to the members at least three days before the date fixed for discussion in the House.
(3) On a day allotted for the disposal of Private Members' Bills such Bills shall be taken up in the following order:-
(4) The relative precedence of Bills falling under the same clause of sub-rule (3) shall be determined by ballot to be held in accordance with the procedure set out in Schedule I, subject to the authority of the Speaker to make minor variations in the procedure from time to time:
Provided that the motion in respect of Bills falling under clause (a) of sub-rule (3) shall be entered in the Orders of the Day in the order in which notices of such motions have been received in point of time:
Provided further that the Speaker may, by special order to be announced in the House, make such variations in the relative precedence of Bills set out in sub-rule (3) as he may consider necessary or convenient.
28. Ballot
in respect of identical Bills
If notices of more than one identical Bill are received, the Bill securing first place in the ballot shall be proceeded with and other similar Bills, if the Bill securing first place in the ballot is moved for leave for introduction in the House, shall not be admissible.
(1) The relative precedence of notices of resolutions given by Private Members which have been admitted, shall be determined by ballot to be held in accordance with the procedure set out in Schedule I, on such day, not being less than five days before the day with reference to which the ballot is held, as the Speaker may direct, subject to the authority of the Speaker to make minor variations in the procedure from time to time, and the result of the ballot shall be intimated to the members as least three days before the date fixed for discussion in the House.
(2) A resolution which does not find place in the ballot shall not lapse but shall be included in the subsequent ballot in the same session of Parliament.
30. Business
outstanding at the end of the day
(1) Notwithstanding anything contained in rules 27 and 29, any Private Members' business which has been commenced on any day but is not disposed of on that day shall be set down for the next day allotted to business of that class and shall have precedence over all other business set down for that day.
(2) Private Members' business set down for any day and not moved on that day shall not be set down for any subsequent day, unless it has gained precedence at the ballot held with reference to that day.
(3) Subject to the provisions of sub-rule (2), all business appointed for any day and not disposed of on that day shall stand over until the next working day, unless the Speaker, in consultation with the Leader of the House, directs otherwise.
31. Resumption
of adjourned debate on Private Members' Bill or resolution
(1) When on a motion being carried the debate on a Private Members' Bill or resolution is adjourned to the next day allotted for Private Members' business in the same or next session, it shall not be set down for further discussion unless it has gained priority at the ballot.
(2) When the debate on a Private Members' Bill or resolution is adjourned sine die, the member-in-charge of the Bill or the mover of the resolution, as the case may be, may, if he wishes to proceed with such Bill or resolution on a subsequent day allotted for Private Members' business, give notice for resumption of the adjourned debate, and on receipt of such notice the relative precedence of such Bill or resolution shall be determined by ballot.
(1) A list of business for the day shall be prepared by the Secretary, and, after it has been approved by the Speaker, a copy thereof shall be made available for the use of every member. The list thus prepared shall be called the "Orders of the Day".
(2) Save as otherwise provided in these rules, no business, not included in the Orders of the Day, shall be transacted on any day at any meeting without the special leave of the Speaker.
(3) Save as otherwise provided by these rules, business requiring notice shall not be set down for a day earlier than the day following that on which the period of the notice necessary for that class of business expires.
(4) Unless the Speaker otherwise directs, not more that five resolutions (in addition to any resolution commenced on, and outstanding from, a previous day) shall be set down in the Orders of the Day for any day allotted for the disposal of Private Members' resolutions.
President's Address and Messages to and
from the House
On receipt of an intimation from the President of his intention to address Parliament, the Speaker shall cause the item "Address by the President" to be included in the Orders of the Day for a date and time intimated by the President.
34. Allotment
of time for discussion of the address
(1) The Speaker shall, in consultation with the Leader of the House, allot time for the discussion of the matters referred to in the President's Address to the House under article 73 of the Constitution.
(2) On such day or days or part of any day, the House shall discuss the matters referred to in such Address on a Motion of Thanks moved by a member and seconded by another member.
(3) Amendments maybe moved to such Motion of Thanks in such form as may be considered appropriate by the Speaker.
35. Other
business that may be taken up
(1) Notwithstanding that a day has been allotted for discussion on the President's Address, -
(2) The discussion on the Address may be postponed in favour of a Government Bill or other Government business on a motion being made that the discussion on the Address be adjourned to a subsequent day to be appointed by the Speaker. The Speaker shall forthwith put the question, no amendment or debate being allowed.
(3) The discussion on the Address shall be interrupted in the course of a sitting by a motion under rule 66.
36. Government's
right of reply
The Prime Minister or any other Minister, whether he has previously taken part in the discussion or not, shall on behalf of the Government have a general right of explaining the position of the Government at the end of the discussion.
The Speaker may, if he thinks fit, prescribe a time-limit for speeches after taking the sense of the House.
38. Message
from the President
Where a message from the President under article 73 of the Constitution is received by the Speaker, he shall read the message to the House and give necessary directions in regard to the procedure that shall be followed for the consideration of matters referred to in the message. In giving this direction the Speaker shall be empowered to suspend or vary the rules to such extent as may be necessary.
39. Communications
from the President to the House
Communications from the President to the House shall be made to the Speaker by written message signed by the President but, if the President is absent from the place of sitting of the House, his message shall be conveyed to the Speaker through a Minister.
40. Communications
from Parliament to the President
Communications from Parliament tot he President shall be made -
Questions and Short Notice Questions
Unless the Speaker otherwise directs, the first hour of every sitting shall be available for the asking and answering of questions:
Provided that during session on each Wednesday at the commencement of the sitting, an extra thirty minutes shall be available for asking question to and answering of the same from the Prime Minister:
Provided further that there shall be no Question Hour on the day the Budget is presented.
A member who wishes to ask a question shall give not less than fifteen clear days' notice of his intention and shall, together with the notice, submit a copy of the question he wishes to ask, unless the Speaker with the consent of the Minister concerned allows the question to be asked at shorter notice:
[Provided that no member shall give notice of more than ten questions in one day.]
43. Form
of notice of question
(1) Notice of a question shall be given in writing to the Secretary and shall specify the official designation of the Minister to whom it is addressed.
(2) A question may be addressed to a private member provided the subject-matter of the question relates to some Bill, resolution or other matter connected with the business of the House for which that member is responsible; and the procedure in regard to such questions shall, as far as may be, be the same as that followed in the case of questions addressed to a Minister with such variation as the Speaker may consider necessary or convenient.
(3) Where a notice is signed by more than one member, it shall be deemed to have been given by the first signatory.
44. Questions
for oral answer to be distinguished by asterisks
A member who desires an oral answer to his question shall distinguish it by an asterisk. If he does not distinguish it by an asterisk, the question shall be treated as an unstarred question and shall be placed on the list of questions for written answer.
45. Speaker
to decide if a question is to be treated as starred or unstarred
If, in the opinion of the Speaker, any question distinguished by an asterisk and put for oral answer is of such a nature that a written reply would be more appropriate, the Speaker may, after considering the reasons, if any, given by the member for desiring an oral answer, direct that such question be placed on the list of questions as unstarred question.
46. Notice
of admission of questions
A question shall not be placed on the list of questions for answer until eight clear days have expired from the day when notice of the admission of the question by the Speaker has been given by the Secretary to the Minister or the member to whom it is addressed.
47. Allotment
of days for questions
The time for answering questions shall be allotted on different days in rotation for answering of questions relating to such Ministry or Ministries of the Government as the Speaker may, from time to time, provide, and on such day, unless the Speaker with the consent of the Minister concerned otherwise directs, only questions relating to the Ministry or Ministries for which time on that day has been allotted, and questions addressed to private members, shall be placed on the list of questions for answers.
Notwithstanding anything contained in Rule 50 of Rules of Procedure, after determination of admissibility of starred Questions, the Order of the list of such Questions for the day shall be determined by balloting in the manner as specified by the Speaker and shall be called in the order they stand in the list:
Provided that the Speaker may change such balloted order of questions for the day:
Provided further that balloting and rules related to other questions shall not be applicable for the Prime Minister's Question Time.
49. Number
of questions to be put on any one day
Not more [one] starred questions and [three] unstarred questions from the same member shall be placed on the list of questions for any one day.
50. Withdrawal or postponement of questions
The questions shall be put on the list of questions in the order in which their notices are received, but a member may, by notice in writing given at any time before the meeting for which his question has been placed on the list, withdraw his question, or postpone it to a later day to be specified in the notice, and on that later day the question shall, subject to the other provisions of these rules, be placed on the list after all the questions not so postponed :
Provided that a question shall not be placed on the list until two clear days have expired from the time when the notice of postponement was received in writing by the Secretary.
51. Mode of asking questions and giving answers
to them
(1) Printed copies of the answers to all questions shall be placed on the table at least half-an-hour before the Speaker takes the chair .
(2) At the time of asking questions the Speaker shall call successively each member in whose name a starred question appears in the list of questions.
(3) The member so called shall rise in his place and unless he states that it is not his intention to ask the question standing in his name, he shall ask the question by reference to its number on the list of questions.
(4) If on the question being called, it is not put or the member in whose name it stands is absent, he Speaker, at the request or any other member, may direct that the answer to it may be given.
(5) No unstarred question shall be answered orally but the answers thereto shall be printed and laid on the Table and no supplementary question shall be asked in respect thereof.
52. Written
answer to questions not answered orally
If any question placed on the list of questions for answer on any day is not called for answer within the time available for answering questions on that day, the answer already supplied by the Minister concerned or the member to whom the question is addressed shall be deemed to have been laid on the Table at the end of the Question Hour by the Minister or member concerned and no oral reply shall be required for such a question nor shall any supplementary question be asked in respect thereof:
Provided that if the Minister concerned is not ready with the answer to that question, the question shall on a request made by him, be put for answer on the next following day allotted for that Ministry.
53. Conditions
of admissibility of questions
(1) Subject to the provisions of sub-rule (2), a question may be asked for the purpose of obtaining information on a matter of public importance within the special cognizance of the Minister or the member to whom it is addressed.
(2) In order to be admissible a question must satisfy the following conditions, namely:-
(i) it shall not bring in any name or statement not strictly necessary to make tile question intelligible;
(ii) if it contains a statement, the member shall make himself responsible for the accuracy of the statement;
(iii) it shall not contain arguments, inferences, ironical expressions, imputations, epithets or defamatory statements;
(iv) it shall not contain an expression of opinion on or the solution of an abstract legal question or a hypothetical proposition;
(v) it shall not refer to the character or conduct of any person except in his official or public capacity nor to the character or conduct which can be challenged only on a substantive motion;
(vi) it shall not be of excessive length;
(vii) it shall not relate to a matter which is not primarily the concern of the Government;
(viii) it shall not ask for information on any matter under the control of bodies or persons not primarily responsible to the Government except where the Government has financial interests in such bodies or persons;
(ix) it shall not ask for information on matters under the consideration of a Committee of the House; nor shall it ask about the proceedings of any such Committee, unless such proceedings have been placed before the House by a report of the Committee;
(x) it shall not make or imply a charge of a personal character;
(xi) it shall not raise questions of policy too large to be dealt with within the limits of an answer to a question;
(xii) it shall not repeat in substance any question already answered during [previous three consecutive sessions of Parliament] or answer to which has been refused in the same session;
(xiii) it shall not be trivial, vexatious, vague or meaningless;
(xiv) it shall not ask for information contained in documents easily accessible to the public or in ordinary words of reference;
(xv) it shall not contain reference to newspapers by name and shall not ask whether statements in the Press or by private individuals or by non-official bodies are accurate;
(xvi) it shall not ask for information regarding [discussions in the Cabinet] for any advice given to the President in relation to any matter in respect of which there is a constitutional, statutory or conventional obligation not to disclose information;
(xvii) it shall not ordinarily ask for information on matters of past history;
(xviii) it shall not ask for information on a matter which is under adjudication by a Court of Law having jurisdiction in any part of Bangladesh;
(xix) it shall not ordinarily ask about matters pending before any statutory tribunal or statutory authority performing any judicial or quasi-judicial functions or any commission or court of enquiry appointed to inquire into, or investigate any matter, but may refer to matters concerned with procedure or subject or state of enquiry, if it is not likely to prejudice the consideration of the matter by the tribunal or commission or court of enquiry;
(xx) it shall not-
(a) contain any reflection on the conduct of the President or of the Judges of the Supreme Court; or
(b) contain any criticism of the decisions of Parliament; or
(c) seek information about matters which are secret in the eye of law; or
(d) contain any reflection on a decision of a Court of Law or statutory tribunal established in Bangladesh or such remarks as are likely to prejudice a matter which is sub judice; or
(e) refer discourteously to a friendly foreign country; or
(f) amount in substance to a suggestion for a particular course of action.
54. Matters
to which questions shall relate
(1) A question addressed to a Minister shall relate to public affairs with which he is officially connected or to matter of administration for which he is responsible.
(2) A question addressed to a private member must relate to some Bill, resolution or other matter connected with the business of the House for which that member is responsible.
(3) Questions relating to the Secretariat of the Parliament including the conduct of its officials, may be asked of the Speaker by means of private communication and not otherwise. A copy of such communication together with a copy of the Speaker's reply thereto shall be sent to all other members by means of private communication.
55. Speaker
to decide the admissibility of questions.
Within seven days from the date of the receipt of the notice, the Speaker shall decide on the admissibility of a question and may disallow any question or a part thereof which, in his opinion, is in contravention of these rules or is an abuse of the right of asking a question or is calculated to obstruct or prejudicially affect the procedure of the House, or he may, in his discretion, amend it in form.
When a starred question has been answered, first the member who raised the question and then any other member may ask such supplementary question or questions as may be necessary for the elucidation of the answer, but the Speaker shall disallow a supplementary question which, in his opinion, either infringes any provision of these rules relating to the subject-matter and admissibility of questions or is otherwise an abuse of the right of asking questions.
57. Publicity
of answers to questions in advance.
Questions and answers thereto which the Minister proposes to give in the House shall not be released for publication until the answers have actually been given on the floor of the House or laid on the Table.
58. Prohibition
of discussion of question or answer
No discussion shall be permitted on any question or answer given to a question during the Question Hour, except as provided by Rule 60.
(1) A question relating to a matter of public importance may be asked with notice shorter than fifteen clear days and if the Speaker is of opinion that the question is of an urgent character and is otherwise admissible, he may cause it to be ascertained from the Minister concerned if he is in a position to reply and if so, on what date.
(2) If the Minister concerned agrees to reply, such question shall be answered on a day, not being later than the fifth day from the date of notice, to be indicated by him and shall be called immediately after the questions appearing on the list of questions for oral answer have been disposed of.
(3) Where a member desires an oral answer to a question at shorter notice he shall briefly state the reasons for asking the question with short notice. Where no such reasons have been assigned in the notice of the question, the question shall be returned to the member.
(4) In other respects, the procedure for short notice questions shall be the same as for ordinary questions for oral answer with such modifications as the Speaker may consider necessary or convenient.
60. Discussion
on a matter of public importance arising out of answer to a question.
(1) The Speaker may, on three clear days’ notice in writing being given by a member to the Secretary, allot half-an-hour on two sittings only in a week for discussion on a matter of public importance, which has been the subject of a recent question, starred or unstarred, and the answer to which needs elucidation on a matter of fact.
(2) Such notices shall briefly specify the point or points intended to be raised by the member and shall be accompanied by an explanatory note stating the reasons for raising discussion on the matter in question:
Provided that if a notice is signed by more than one member, it shall be deemed to have been given by the first signatory only:
Provided further that the Speaker may with the consent of the Minister concerned waive the requirement concerning the period of notice.
(3) Such notices shall be considered by the Speaker in the order in which they have been received, and when two such notices are admitted all other notices shall lapse.
(4) The two admitted notices shall be entered in the Orders of the Day on two separate days in the week in the order in which they were received in point of time:
Provided that if any matter put down for discussion on a particular day, is not disposed of on that day, it shall not be set down for any other day.
(5) The Speaker shall decide whether the matter is of sufficient public importance to be put down for discussion, but he may not admit a notice which, in his opinion, seeks to revise the policy of the Government.
(6) There shall be no formal motion before the House nor voting. The member who has given the notice may make a short statement and the Minister concerned shall reply briefly:
Provided that the Speaker may, in his discretion, if time permits, allow any other member, not exceeding two, who has previously intimated to him in writing, to ask a question each for further elucidation on a matter of fact.
Motion for adjournment on a
matter of public importance
61. Speaker’s
consent necessary to make motion.
Subject to the provisions of these rules, a motion for an adjournment of the business of the House for the purpose of discussing a definite matter of recent and urgent public importance may be made with the consent of the Speaker.
(1) Notice of an adjournment motion shall be given in writing and shall be accompanied by a written statement of the matter proposed to be discussed.
(2) Such notice shall be delivered in triplicate to the Secretary not less than [two hours] before the commencement of the sitting in which it is proposed to be moved, and the Secretary shall thereupon bring the notice to the knowledge of the Speaker and the Minister concerned.
63. Restrictions
on the right to make adjournment motions.
The right to make an adjournment motion under rule 61 shall be subject to the following restrictions, namely :-
(i) no adjournment motion shall be moved on any day fixed for general discussion of the Budget;
(ii) not more than one such motion shall be moved at the same sitting. But the admissibility of other motions, if any, may be decided by the Speaker at the same sitting;
(iii) the motion shall be restricted to a specific matter or recent occurrence;
(iv) not more than one matter shall be discussed on the same motion;
(v) the motion shall not relate to a matter or privilege;
(vi) the motion shall not revive a discussion on a matter which has been discussed in the same session;
(vii) the motion shall not relate to matters which can only be remedied by legislation;
(viii) the motion shall not anticipate a matter for the consideration of which a date has been previously appointed. In determining whether a motion shall be disallowed on the ground of anticipation, due regard shall be had by the Speaker to the probability of the matter anticipated being brought before the House within a reasonable time;
(ix) the motion shall not raise any question which under the Constitution or these rules can only be raised on a distinct motion by a notice given in writing to the Secretary;
(x) the motion shall not raise a discussion on a matter pending before any statutory tribunal or statutory authority performing any judicial or quasi-judicial functions or any commission or court of enquiry appointed to enquire into, or investigate any matter but the Speaker may, in his discretion, allow such matter to be raised as is concerned with the procedure or subject or stage of enquiry, provided it is not likely to prejudice the consideration of such matter by the tribunal, authority, commission or court of enquiry, as the case may be;
(xi) the motion shall not deal with any matter which is under adjudication by a Court of Law having jurisdiction in any part of Bangladesh; and
(xii) the motion shall not contain a reflection on the conduct of the President or of a Judge of the Supreme Court of Bangladesh.
64. Time
for asking leave for motion.
Leave to make a motion for adjournment shall be asked for immediately after questions and before the Orders of the Day are entered upon.
(1) If the Speaker is of opinion that the matter proposed to be discussed is in order and he gives his consent, he shall, after the questions and before the Orders of the Day are entered upon, call the member concerned who shall rise in his place and ask for leave to move the adjournment of the House. At this stage the member concerned shall not make any speech but shall only read the motion along with the written statement:
Provided that where the Speaker has refused his consent under rule 61 or is of opinion that the matter proposed to be discussed is not in order, he may, if he thinks it necessary, read the notice of motion and state the reasons for refusing consent or holding the motion as being not in order .
(2) If objection to leave being granted is taken, the Speaker shall request those members who are in favour of leave being granted to rise in their places. If not less than twenty-five members so rise or if no objection is taken, the Speaker shall announce that leave is granted and that the motion will be taken up as the last item for discussion for not more than two hours on such Day, as soon as possible, within three days from the date of grant of leave, as the Speaker, having regard to the state of business of the House, may fix. If less than twenty-five members rise, the Speaker shall inform the member that he has not the leave of the House.
On the day fixed under sub-rule (2) of rule 65, the only question that may be put shall be that "the House do now adjourn" but no such question shall be put after the time for discussion of the motion has expired when the debate shall automatically terminate.
The Speaker shall prescribe a time limit for speeches.
Discussion on matters of
urgent public importance for short duration
68. Notice
of raising discussion.
Any member desirous of raising discussion on matter of urgent public importance may give to the Secretary, not less than two days before the date on which he intends to raise the discussion, notice in writing supported by the signatures of at least five other members and specifying clearly and precisely the matter to be raised:
Provided that the notice shall be accompanied by an explanatory note stating reasons for raising discussion on the matter in question.
69. Speaker
to decide admissibility
(1) If the Speaker is satisfied, after calling for such information from the member and the Minister concerned as he may consider necessary, that the matter is urgent and is of sufficient public importance to be raised in the House at an early date and that no early opportunity is otherwise available for the discussion of the matter, he may admit the notice.
(2) The Speaker may, in consultation with the Leader of the House, allot two sittings in a week on which such matters may be taken up for dissuasion and allow such time for discussion not exceeding one hour at or before the end of the sitting as he may consider appropriate in the circumstances.
70. No
formal motion, time limit for speeches
(1) There shall be no formal motion before the House for voting. The member who has given the notice may make a short statement and the Minister concerned shall reply in short. Any member who has previously intimated to the Speaker may be permitted to participate in the discussion:
Provided that if the member who has given the notice is absent, any other member who has signed the notice may with the permission of the Speaker, initiate the discussion.
(2) The Speaker may, if he thinks fit, prescribe a time limit for the speeches.
Calling attention to matters of urgent public importance
71. Calling
attention to matters of urgent public importance
(1) Subject to the provisions of these rules, any member may, with the previous permission of the Speaker, call the attention of a Minister to any matter of urgent public importance and the Minister may make a brief statement or ask for time to make a statement at a later hour or date:
Provided that no member shall give more than one such notice for any one sitting:
Provided further that after a statement made by the Minister, considering the importance of the matter, it may be referred to the Standing Committee of the Ministry concerned by the Speaker for submission of a report on it within 15 days.
(2) There shall be no debate on such a statement at the time it is made but the member in whose name the item stands in the Orders of the Day may, with the permission of the Speaker, ask a question.
(3) A concise written statement by the Minister concerned in response to notices the members spoke on under sub-rule (1), shall be laid on the Table within the first three sitting days of the next session.
(4) In the event of more than three matters being presented for the same day, priority shall be given to such three matters which, in the opinion of the Speaker, are more urgent and important.
(5) All the notices which have not been taken up at the sitting for which they have been given shall lapse at the end of the sitting, unless the Speaker has admitted any three of them for a subsequent sitting.
(6) The proposed matter shall be raised immediately after the questions and before the Orders of the Day are entered upon and at no other time during the sitting of the House.
Explanation-(i) Notices for a sitting received up to two hours before the commencement of the sitting shall be deemed to have been received for that day and notices received thereafter shall be deemed to have been given for the next sitting.
(ii) In case notices are received from more members than one on the same subject and for the same sitting, they shall be dealt with in the order in which they have been received.
CHAPTER XIIA
71A. Statement
of a Member on matters or urgent public importance.
(1) Notwithstanding the provisions in rule 71(5), a member may speak for two minutes on each of the notices which are acceptable under rule 71(1) but could not be so accepted in view of rule 71(3). But the total time will not exceed thirty minutes and only as many members may speak as may be possible within that time limit.
(2) The Speaker may allot time for statement on the above subjects after the business under rule 71(6) has been completed.
(3) A concise written statement by the Minister concerned is response to notices the members spoke on under sub-rule (1), shall be laid on the Table within the first three sitting days of the next session.
PART I - INTRODUCTION OF BILLS
SECTION (A). - Private
Members' Bills
72. Notice
of Private Members' Bills
(1) Subject to the provisions of these rules, any member, other than a Minister, desiring to move for leave to introduce a Bill, shall give to the Secretary fifteen days' written notice of his intention to do so and shall together with the notice submit three copies of the Bill along with an explanatory statement of objects and reasons which shall not contain arguments.
(2) If the Bill is one which under the Constitution requires the previous recommendation of the President for its introduction, the notice shall also be accompanied by a copy of such recommendation conveyed through the Minister concerned, and the notice shall not be valid until this requirement is complied with.
(3) If the Bill is one which involves expenditure from public moneys, it shall be accompanied by a financial memorandum which shall invite particular attention to the clauses involving expenditure and shall also give an estimate of the recurring and non-recurring expenditure involved in case the Bill is passed into law.
73. Mode
of obtaining and communicating recommendation of President
(1) A member other than a Minister, desiring to obtain the previous recommendation of the President for introduction of a Bill shall arrange to obtain it through the Minister concerned.
(2) If the member cannot obtain the recommendation under sub-rule (1), he may send or deliver a copy of the Bill to the Secretary, along with a request in writing that action for obtaining such recommendation be taken, and the Secretary shall cause a copy of the same to be transmitted to the Minister concerned for obtaining President's Order thereon.
(3) The Order of the President granting or withholding recommendation to the introduction of a Bill shall be communicated to the Secretary by the Minister concerned in writing, and on receipt of the President's Orders, the Secretary shall intimate the decision of the President to the member concerned.
(4) If the question arises whether a Bill does or does not require the previous recommendation of the President, the question shall be decided by the Speaker.
74. Introduction
of Private Members' Bills
(1) Motions for leave to introduce Private Members’ Bills shall be set down in the Orders of the Day for a day meant for Private Members’ business.
(2) If a motion for leave to introduce a Bill is opposed, the Speaker, after permitting, if he thinks fit, a brief explanatory statement by the member moving for leave and by the member opposing it, may without further debate put the question.
(3) If leave is granted, the member-in-charge, when called, shall formally move forthwith to introduce the Bill, and on the motion being made, the Bill shall stand introduced.
SECTION (B). - Government
Bills
75. Introduction
of Government Bills
(1) A Minister may move for leave to introduce a Bill after giving to he Secretary seven days' written notice of his intention to do so, unless the Speaker for sufficient reasons suspends this rule and allows the motion to be made at a shorter notice.
(2) The notice shall be accompanied by [two copies] of the Bill together with a statement of objects and reasons, and if the Bill is one that under the Constitution requires the previous recommendation of the President for its introduction, the notice shall contain a certificate by the Minister that the Bill has been recommended by the President for introduction.
(3) The motion for leave to introduce the Bill shall be entered in the Orders of the Day for a day meant for Government business.
(4) When the item is called, the member-in-charge shall move for leave to introduce the Bill. Thereafter the procedure laid down in sub-rules (2) and (3) of rule 74 shall be followed.
PART II. -
PUBLICATION OF BILLS
(1) Subject to the provisions of sub-rule (2), the Secretary shall cause every Bill that has been introduced to be published in the Gazette as early as possible together with the statement of objects and reasons and the financial memorandum, if any, accompanying it.
(2) 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.
PART III. -
CONSIDERATION OF BILLS
77. Motions
after introduction and time for consideration of Bills
When a Bill is introduced, or on some subsequent occasion, the member-in-charge may make anyone of the following motions in regard to his Bill, namely:-
(a) that it be taken into consideration by the House either at once or on some future day to be specified in the motion; or
(b) that it be referred to a Standing Committee; or
(c) that it be referred to a Select Committee; or
(d) that it be circulated for the purpose of eliciting opinion thereon:
Provided that no such motion shall 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 have been so made available for three days before the day on which the motion is made, and such objection shall prevail unless the Speaker in exercise of his power to suspend the rules, allows the motion to be made.
78. Discussion
of principles of Bills
(1) On the day on which any of the motions referred to in rule 77 is made, or on any subsequent day to which discussion thereon has been postponed, the principles of the Bill and its general provisions may be discussed, but details of the Bill shall not be discussed further than is necessary to explain its principles.
(2) At this stage no amendments to the Bill may be moved, but-
(a) if the member-in-charge moves that his Bill be taken into consideration, any member may move as an amendment that the Bill be referred to a Select Committee, or to a Standing Committee, or be circulated for the purpose of eliciting opinion thereon by a date to be specified in the motion; or
(b) if the member-in-charge moves that his Bill be referred to a Select Committee, any member may move as an amendment that the Bill be referred to a Standing Committee or be circulated for the purpose of eliciting opinion thereon by a date to be specified in the motion; or
(c) if the member-in-charge moves that his Bill be referred to a Standing Committee, any member may move as an amendment that the Bill be circulated for the purpose of eliciting opinion thereon by a date to be specified in the motion.
(3) Where a motion that the Bill be circulated for the purpose of eliciting opinion thereon is carried, and the Bill is circulated in accordance with that direction and opinions are received thereon, the member-in-charge, if he wishes to proceed with his Bill thereafter, shall move that the Bill be referred to a Select Committee or to a Standing Committee unless the Speaker in the exercise of his power to suspend this rule, allows a motion to he made that the Bill be taken into consideration.
79. Persons
by whom motions in respect of Bills may be made
No motion that the Bill be taken into consideration or be passed shall be made by any member other than the member-in-charge and no motion that the Bill be referred to a Select Committee or to a Standing Committee or be 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-in-charge:
Provided that if the member-in-charge is unable, for reasons considered adequate by the Speaker, to move the next motion in regard to his Bill at any subsequent stage after introduction, he may authorise in writing any other member (or any Minister in the case of Government Bill) to move that particular motion with the approval of the Speaker.
Explanation. - Notwithstanding the provisions contained in the proviso the member who introduced the Bill shall continue to be the member-in-charge.
80. Procedure
after presentation of report of Select/Standing Committee
(1) Where a Bill has been referred to a Select Committee or a Standing Committee, the member-in-charge may, after presentation of the final report by the Committee, move-
(a) that the Bill, as reported by the Select Committee or Standing Committee, as the case may be, be taken into consideration at once; or
(b) that the Bill, as reported by the Select Committee or Standing Committee, as the case may be, be recommitted to the same Committee or, to a new Select Committee either-
(i) as a whole, or
(ii) with respect to particular clauses or amendments only, or
(iii) with instructions to the Committee to make some particular or additional provisions in the Bill; or
(c) that the Bill, as reported by the Select Committee or Standing Committee be circulated or re-circulated, as the case may be, for the purpose of eliciting opinion or further opinion thereon:
Provided that any member may object to any such motion being made if a copy of the report of the Select Committee or Standing Committee, as the case may be, has not been made available for the use of the members at least three days before the motion is made, and the objection shall prevail unless the Speaker allows the motion to be made.
(2) If the member-in-charge moves that the Bill, as reported by the Select Committee or Standing Committee, as the case may be, be taken into consideration, any member may move as an amendment that the Bill be recommitted to the same Committee or be circulated or re-circulated, as the case may be, for the purpose of eliciting opinion or further opinion thereon.
81. Scope
of debate on report of Select/Standing Committee
The debate on a motion that the Bill as reported by the Select Committee or Standing Committee be taken into consideration shall be confined to consideration of the report of the Committee and matters referred to therein or any alternative suggestions consistent with the principles of the Bill.
Subject to the provisions of rules 80 and 81 when a motion that the Bill be taken into consideration has been carried, any member, when called upon by the Speaker, may propose an amendment to the Bill :
Provided that in order to save time and repetition of arguments, a single discussion may be allowed to cover a series of inter-dependent amendments.
(1) If notice of a proposed amendment has not been given three clear days before the day on which the Bill, the relevant clause of the Schedule is to be considered, any member may object to the moving of the amendment, and such objection shall prevail unless the Speaker suspends this sub-ru1e and allows the amendment to be moved at shorter notice.
(2) The Secretary shall, if time permits, cause a copy of every proposed amendment to be made available for the use of every member.
(3) If the proposed amendment is one which, under the Constitution, cannot be moved without the previous recommendation of the President, the notice shall be accompanied by a copy of, or a certificate about, such recommendation conveyed through a Minister, or given by a Minister, as the case may be according as the Bill is a Private Members' Bill or a Government Bill, and the notice shall not be valid until this requirement is complied with:
Provided that no such recommendation shall be required for moving an amendment which seeks to abolish or reduce any tax.
84. Conditions
of admissibility of amendments
The right to move amendments to clauses or Schedules of a Bill shall be governed by the following conditions, namely:-
(i) An amendment shall not be irrelevant to the subject-matter or beyond the scope of the Bill, or the clause or Schedule under consideration.
(ii) An amendment shall not be inconsistent with, or contrary to any previous decision of the House on the same question at the same stage of a Bill.
(iii) An amendment shall not be moved which has merely the effect of a negative vote.
(iv) An amendment shall not be vague, meaningless or frivolous.
(v) An amendment shall not be admissible if it is dependent upon an amendment which has already been negatived by the House.
(vi) An amendment shall not be such as to make the clause it proposes to amend unintelligible or ungrammatical.
(vii) If an amendment refers to, or is not intelligible without a subsequent amendment or Schedule, notice of the subsequent amendment or Schedule shall be given before the first amendment is moved so as to make the series of amendments intelligible as a whole.
(viii) An amendment may be moved to an amendment which has already been moved in the House.
(ix) Amendments to the preamble and title of the Bill shall be admissible where amendments have been made to the Bill which render them necessary.
Amendments of which notices have been given shall, as far as practicable, be arranged in the list of amendments, issued from time to time, in the order in which they may be called. In arranging amendments raising the same question at the same point of a clause, precedence may be given to an amendment moved by the member-in-charge. Subject as aforesaid, amendments may be arranged in the order in which notices thereof are received.
Amendments shall ordinarily be considered in the order of the clauses of the Bill to which they respectively relate:
Provided that the Speaker may put as one question similar amendments to a clause.
An amendment moved may, by leave of the House, but not otherwise, be withdrawn, on the request of the member, moving it. If an amendment has been proposed to an amendment, the original amendment shall not be withdrawn until the amendment proposed to it has been disposed of.
88. Submission
of Bill clause by clause
(1) Notwithstanding anything contained in these rules the Speaker shall, when a motion that the Bill be taken into consideration has been carried, submit the Bill or any part of the Bill, to the House clause by clause or Schedule by Schedule, as the case may be. The Speaker may call each clause or Schedule separately, and, when the amendments relating to it have been disposed of, he shall-put the question "that this clause or Schedule (or this clause or Schedule as amended, as the case may be) do stand part of the Bill":
Provided that consideration of the Schedule or Schedules, if any, shall follow consideration of clauses, and consideration of new clauses shall follow consideration of original clauses, and Schedules may be amended in the same manner as clauses:
Provided further that the Speaker may, if he thinks fit, put clauses and/or Schedules, or clauses and/or Schedules as amended, as the case may be, together to the vote of the House in which case the result of the voting shall be taken as applicable to each clause or Schedule separately and so indicated in the proceedings.
(2) The Speaker may, if he thinks expedient, postpone the consideration of a clause or a Schedule.
89. Clause
one, Enacting formula, Preamble and Title of Bill
Clause one, the Enacting formula, the Preamble, if any, and the Title of a Bill shall stand postponed until the other clauses and Schedules (including new clauses and new Schedules) have been disposed of and the Speaker shall then put the question: "that clause one, or the Enacting formula, or the Preamble or the Title (or that clause one, the Enacting formula, or the Preamble or the Title as amended, as the case may be) do stand part of the Bill".
PART IV .
- PASSING OF BILLS, ETC.
(1) When a motion that a Bill be taken into consideration has been carried, and no amendment of the Bill is made the member-in-charge may at once move that the Bill be passed.
(2) When a Bill has undergone amendments, any member may object to a motion being made, on the same day, that the Bill as amended be passed, and such objection shall prevail, unless the Speaker suspends this sub-rule and allows the motion to be made.
(3) Where such objection as aforesaid prevails, a motion that the Bill as amended be passed may be made on a subsequent day.
(4) At this stage no amendment to the Bill may be moved except verbal amendments which are merely of a formal or consequential nature.
The discussion on a motion that the Bill or the Bill as amended, as the case may be, be passed shall be confined to the submission of arguments either in support of the Bill or for the rejection of the Bill. In making his speech a member shall not refer to the details of the Bill further than is necessary for the purpose of his arguments which shall be of a general character.
92. Correction
of patent and clerical errors
(1) Where a Bill is passed by the House, the Speaker shall have power to correct patent errors and make such other changes in the Bill as are consequential upon the amendments accepted by the House.
(2) Where amendments are made in the Bill, the renumbering or relettering of the clauses, sub-clauses and all references therein, the numbering or lettering of clauses and sub-clauses as required by such renumbering, relettering or amendments and any clerical errors may be rectified by the Secretary.
The member-in-charge may at any stage of a Bill move for leave to withdraw the Bill introduced by him, and if such leave is granted, no further motion shall be made with reference to the Bill.
Subject to the provisions of clause (2) of Article 75 of the Constitution regarding quorum, each clause or Schedule of a Bill shall form part of the Bill if it is passed by a majority of the votes of the members present and voting.
(1) When a Bill is passed by the House, the Bill shall be signed in triplicate by the Speaker and presented to the President for assent:
Provided that in the absence of the Speaker from Dhaka, the Secretary may, in case of urgency, authenticate the Bill on behalf of the Speaker.
(2) One copy of the Bill assented to, or deemed to have been assented to, by the President shall be preserved for verification and record and shall not be allowed to pass out of the custody of the House without the permission of the Speaker.
96. Publication
of Bills assented to by the President
When a Bill passed by the House is assented to, or is deemed to have been assented to by the President under clause (3) or clause (4), as the case may be, of Article 80 of the Constitution, the Secretary shall immediately publish the Bill in the Gazette as an Act of Parliament.
PART V. - RECONSIDERATION OF
BILLS RETURNED BY THE PRESIDENT
97. Message
of the President and reconsideration of the Bill
(1) When a Bill passed by the House is returned to the House by the President with a message requesting that the Bill or any particular provisions thereof be reconsidered and that any amendments specified by him in the message be considered, the Speaker shall read the message of the President to the House, if it is in session or if the House is not in session, cause it to be published in the Bulletin for information of members.
(2) The Bill as passed by the House and returned by the President for reconsideration shall then be laid on the Table.
(3) At any time after the Bill has been so laid on the Table, any Minister, in the case of a Government Bill, or, any member, in the case of a Private Members' Bill, may give notice of his intention to move that the message of the President or the amendments recommended by the President, as the case may be, be taken into consideration.
(4) On the day on which the motion for consideration is set down in the Orders of the Day which shall, unless the Speaker otherwise directs, be not less than two days from the receipt of the notice, the member giving notice may move that the amendment be taken into consideration.
(5) The debate on such a motion shall be confined to consideration of matters referred to in the message of the President or to any suggestion relevant to the subject-matter of the amendments recommended by the President.
(6) If the motion that the amendments recommended by the President be taken into consideration is carried, the Speaker shall put the amendments to the House in such manner as he thinks most convenient for their consideration.
(7) An amendment relevant to the subject-matter of an amendment recommended by the President may be moved, but no further amendment shall be moved to the Bill unless, it is consequential upon, incidental or alternative to, an amendment recommended by the President.
(8) When all the amendments have been disposed of, the member giving notice of the motion under sub-rule (3) may move that the Bill as originally passed by the House be passed again, or passed again as amended, as the case may be.
(9) If the motion that the amendments recommended by the President be taken into consideration is not carried, the member giving notice of the motion under sub-rule (3) may at once move that the Bill as originally passed by the House be passed again without amendment.
98. Authentication
of Bills passed again by the House
When a Bill is again passed by [the votes of a majority of the total number of members of] the House, with or without amendments, the Bill shall be signed in triplicate by the Speaker and presented to the President for assent in the following form:--
"The above Bill has been passed again by Parliament in pursuance of clause (4) of Article 80 of the Constitution.
Dated ....................................... 19 Speaker":
Provided that in the absence of the Speaker from Dhaka, the Secretary may, in case of urgency, authenticate the Bill on behalf of the Speaker.
99. Amendment
of the Constitution
In respect of a Bill seeking to amend [* * * ] any provision of the Constitution, the following special rules shall apply in addition to the rules relating to other Bills in so far as they are not inconsistent with any provisions of these rules, namely-
(a) no Bill seeking to amend 26[* * * ] any provision of the Constitution shall be allowed to proceed unless the long Title thereof expressly states that it will amend 26 [* * * ] a provision of the Constitution;
(b) no such Bill or any part thereof shall be declared as passed and presented to the President for assent unless it is passed by the votes of not less than two-thirds of the total number of members of the Parliament;
(c) voting on the Bill shall be by division only;
(d) each clause of Schedule, or clause or Schedule as amended, as the case may be, of a Bill seeking to amend the Constitution shall be put to the vote of the House separately and shall form part of the Bill if it is passed by a majority of not less than two-thirds of the total number of members of Parliament:
Provided that the Speaker may, with the concurrence of the House, put clauses and/or Schedules, or clauses and/or Schedules as amended, as the case may be, together to the vote of the House in which case the result of the voting shall be taken as applicable to each clause of Schedule separately and so indicated in the proceedings;
(e) amendments to clauses or Schedules shall be decided by a majority of the votes of the members present and voting in the same manner as in the case of any other Bill;
(f) [subject to the provisions of clauses (lA), (1B) and (1C) of Article 142 of the Constitution, when] a Bill passed by the House as aforesaid is presented to the President for his assent but the President does not assent to it within a period of seven days after its presentation to him, the Bill shall be deemed to have been assented to by the President on the expiration of that period.
Explanation - The expression "total number of members" referred to in these rules means the total number of members comprising the House under clause (2) of Article 65 of the Constitution irrespective of the fact whether there are vacancies or absentees on any account.
Petitions may be presented or submitted to the House with the consent of the Speaker on –
(i) A Bill which has been published under rule 76 or which has been introduced in the House;
(ii) Any important matter connected with the business pending before the House; and
(iii) Any other matter of public importance:
Provided that no such matter shall be acceptable-
(a) which is subjudice before any court of law having jurisdiction in any part of Bangladesh or which is pending disposal by any statutory tribunal or authority discharging judicial or quasi-judicial functions or by any inquiry commission or inquiry court;
(b) which can be raised on a substantive motion or resolution; or
(c) for which remedy is available under the law, including rules, regulations, bye-laws made by the Government of Bangladesh or an authority to whom power to make such rules, regulations, etc. is delegated.]
101. Petitions
dealing with financial matters
A petition, dealing with any of the matters specified, in sub-clauses (a) to (e) of clause (1) of Article 81 of the Constitution or involving expenditure from the Consolidated Fund, shall not be presented to the House unless recommended by the President.
(1) The general form of petition set out in Schedule II with such variations as the circumstance of each case require, may be used, and, if used, shall be sufficient.
(2) Every petition shall be couched in respectful, decorous and temperate language.
103. Authentication
of petition
(1) The full name and address of every signatory of a petition shall be set out therein and shall be authenticated by his signature, and if illiterate by his thumb-impression.
(2) Where there is more than one signatory to a petition at least one person shall sign, or, if illiterate, affix his thumb-impression, on the sheet on which the petition is inscribed. If signatures or thumb-impressions are affixed to more than one sheet, the prayer of the petition shall be repeated at the head of each sheet.
104. Documents
not to be attached
Letters, affidavits or other documents shall not be attached to any petition.
(1) Every petition shall, if presented by a member, be countersigned by him.
(2) A member shall not present a petition from himself.
106. Petition
to be addressed to House
Every petition shall be addressed to the House and shall conclude with a prayer reciting the definite object of the petitioner in regard to the matter to which it relates.
A member shall give advance intimation to the Secretary of his intention to present a petition.
A petition may be presented by a member or be forwarded to the Secretary, who shall report it to the House. No debate shall be permitted on the presentation, or the making of such report.
A member presenting a petition shall confine himself to a statement in the following form:-
"Sir, I beg to present a petition signed by....................petitioner(s) regarding ................................."
No debate shall be permitted on this statement.
110. Reference
to Committee on petitions
Every petition shall, after presentation by a member or report by the Secretary, as the case may be, stand referred to the Committee on petition.
[For rules relating to Committee on Petitions, see Chapter XXVII of these rules].
Procedure in Financial Matters
111. Presentation of the Budget
(1) The annual financial statement or the statement of the estimated receipts and expenditure of the Government of Bangladesh in respect of each financial year (hereinafter referred to as "the budget") shall be presented to Parliament in accordance with the provisions of Article 87 of the Constitution.
(2) Subject to the provisions of the Constitution in this behalf, the budget shall be presented to the House in such form as the Finance Minister may consider suitable.
(3) The Budget shall not be referred to any Committee and no other motion shall be made with reference to it except as provided in the rules contained in this Chapter.
112. Budget
not to be discussed on presentation
Except the speech of the Finance Minister when presenting the Budget, there shall be no discussion on the Budget on the day on which it is presented to the House.
113. Stages of the Budget debate
The Budget shall be dealt with by the House in the following stages, namely:-
(i) general discussion on the Budget as a whole;
(ii) (a) discussion on demands for grants and appropriations in respect of charged expenditure;
(b) voting on demands for grants relating to other expenditure:
Provided that the demands for grants in respect of charged expenditure shall not be submitted to the vote of the House.
The Speaker shall allot separate days for each of the Budget mentioned in the foregoing rule.
General discussion of the
Budget
115. General
discussion of the Budget
(1) On a day to be appointed by the Speaker subsequent to the day on which the Budget is presented and for such time as the Speaker may allot for this purpose, the House shall be at liberty to discuss the Budget as a whole or any question of principle involved therein, but no motion shall be moved at this stage nor shall the Budget be submitted to the vote of the House.
(2) The Finance Minister shall have a general right of reply at the end of the discussion.
(3) The Speaker may, if he thinks fit, prescribe a time-limit for speeches.
(1) A separate demand shall ordinarily be made in respect of the grant proposed for each Ministry, provided that the Finance Minister may include in one demand grants proposed for two or more Ministries or Departments or make a demand in respect of expenditure which cannot readily be classified under particular Ministries.
(2) Each demand shall contain first a statement of the total grant proposed and then a statement of the detailed estimate under each grant divided into items.
(3) No demand for grant shall be made except on the recommendation of the President.
117. Voting
of demands for grants
(1) The Speaker shall, in consultation with the Leader of the House, allot so many days as may be compatible with the public interest for the discussion and voting on demands for grants.
(2) On the last of the allotted days, at the time when the meeting is to terminate or at such other hour as the Speaker may fix in advance, the Speaker shall forthwith put every question necessary to dispose of all the outstanding matters in connection with the demands for grants.
(3) Motions may be moved to reduce a demand for grant but not to increase a grant or to alter the destination of a grant.
(4) No amendments to motions to reduce any demand for grant shall be permissible.
(5) When several motions relating to the same demand for grant are offered, they shall be discussed in the order in which the heads to which they relate appear in the Budget.
A motion may be moved to reduce the amount of a demand in any of the following ways: -
(a) "that the amount of the demand be reduced to Taka 1" representing disapproval of the policy underlying the demand. Such a motion shall be known as "Disapproval of Policy Cut". A member giving notice of such a motion shall indicate in precise terms the particulars of the policy which he proposes to discuss. The discussion shall be confined to the specific point or points mentioned in the notice and it shall be open to members to advocate an alternative policy.
(b) "that the amount of the demand be reduced by a specified amount" representing the economy that can be effected. Such specified amount may be either a lump sum reduction in the demand of omission or reduction of an item in the demand. The motion shall be known as "Economy Cut". The notice shall indicate briefly and precisely the particular mater on which discussion is sought to be raised and speeches shall be confined to the discussion as to how economy can be effected;
(c) "that the amount or the demand be reduced by Taka 100/-" in order to ventilate a specific grievance which is within the sphere of the responsibility of the Government [* * *]. Such a motion shall be known as "Token Cut" and the discussion thereon shall be confined to the particular grievance specific in the motion.
119. Conditions
of admissibility of cut motions
In order that a notice of motion for reduction of the amount of demand may be admissible, it shall satisfy the following conditions namely: -
(i) it shall relate to one demand only;
(ii) it shall be clearly expressed and shall not contain arguments, inferences, ironical expression, imputations, epithets or defamatory statements;
(iii) it shall be confined to one specific matter which shall be stated in precise terms;
(iv) it shall not refer to a matter which is not primarily the concern of the Government 29[* * *];
(v) it shall not relate to expenditure charged on the Consolidated Fund 29 [* * *];
(vi) it shall not relate to a matter which is under adjudication by a court of law having jurisdiction in any part of Bangladesh.
120. Speaker
to decide admissibility of cut motions
The Speaker shall decide whether a cut motion is or is not admissible under these rules and may disallow any cut motion when in his opinion it is an abuse of the right of moving cut motions or is calculated to obstruct or prejudicially affect the procedure of the House or is in contravention of these rules.
If notice of a motion to reduce any demand for grant has not been given two days previous to 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 Speaker in exercise of his power to suspend this rule allows the motion to be made.
(1) A motion for vote on account shall state the total sum required and the various amounts needed for each Ministry, Department or item of expenditure which compose that sum shall be stated in a Schedule appended to the motion.
(2) Amendments may be moved for the reduction of the whole grant or for the reduction or omission of the items whereof the grant is composed.
(3) Discussion of a general character may be allowed on the motion or any amendments moved thereto, but the details of the grant shall not be discussed further than is necessary to develop the general points.
(4) In other respects, a motion for vote on account shall be dealt with in the same way as if it were a demand for grant.
123. Supplementary,
excess and exceptional grants and votes of credit
Supplementary, excess and exceptional grants and votes of credit shall be regulated by the same procedure as is applicable in the case of demands for grants subject to such adaptations, whether by way of modification, addition or omission, as the Speaker may deem necessary or expedient.
124. Scope
of discussion on supplementary grants
The debate on the supplementary grants shall be confined to the items constituting the same and no discussion may be raised on the original grants nor policy underlying them save in so far as it may be necessary to explain or illustrate the particular items under discussion.
When funds to meet proposed expenditure on a new service can be made available by reappropriation, a demand for the grant of a token sum may be submitted to the vote of the House and, if the House assents to the demand, funds may be so made available.
(1) Subject to the provisions of the Constitution and these rules, the procedure in regard to an Appropriation Bill shall be the same as for Bills generally with such modifications as the Speaker may consider necessary:
Provided that the Appropriation Bill shall not be referred to any Committee:
Provided further that no amendment shall be proposed to any such Bill which has the effect of varying the amount of any grant made by the House or altering the purpose to which it is to be applied, or varying the amount of any expenditure charged on the Consolidated Fund.
(2) At any time after the introduction of an Appropriation Bill, the Speaker may allot a day or days, jointly or severally, for the completion of all or any of the stages involved in the passage of the Bill by the House, and when such allotment has been made, the Speaker shall, at the hour when the sitting is to terminate on the allotted day or the last of the allotted days, as the case may be, forthwith put every question necessary to dispose of all the outstanding matters in connection with the stage or stages for which the day or days have been allotted.
(3) The Speaker may, if he thinks fit, prescribe a time-limit for speeches at all or any of the stages for which a day or days have been allotted under sub-rule (2).
(4) The debate on an Appropriation Bill shall be restricted to matters of public importance or administrative policy implied in the grants covered by the Bill which have not already been raised while the relevant demands for grants were under consideration.
(5) The Speaker may, in order to avoid repetition of debate, require members desiring to take part in discussion on an Appropriation Bill to give advance intimation of the specific points they intend to raise, and he may withhold permission for raising such of the points as in his opinion appear to be repetitions of the matters discussed on a demand for grant or may not be of sufficient public importance.
(6) If an Appropriation Bill is in pursuance of a supplementary grant in respect of an existing service, the discussions shall be confined to the items constituting the same, and no discussion shall be raised on the original grant nor the policy underlying it save in so far it may be necessary to explain or illustrate a particular item under discussion.
(1) In this rule "Finance Bill" means the Bill ordinarily introduced in each year to give effect to the financial proposals of the Government [ * * * * * * * * * * ] for the next following financial year and includes a Bill to give effect to supplementary financial proposals for any period.
(2) At any time after the introduction of a Finance Bill, the Speaker may allot a day or days, jointly or severally, for the completion of all or any of the stages involved in the passage of the Bill by the House, and when such allotment has been made the Speaker shall, at the hour when the sitting is to terminate on the allotted day or the last of the allotted days, as the case may be, forthwith put every question necessary to dispose of all the outstanding matters in connection with the stage or stages for which the day or days have been allotted:
Provided that if a Minister has right of reply to the debate on the motion which is under discussion and has not commenced his reply one hour before the time fixed for termination of the sitting, the Speaker shall enquire how much time not exceeding one hour he requires for his reply and shall call upon any member for the time being addressing the House to resume his seat at such time as will leave available, before the time fixed for termination of the sitting for the day, the amount of time which the Minister requires for his reply.
(3) Where the question or one of the questions required by sub-rule (2) to be put, at the hour when the sitting is to terminate on the allotted day or the last of the allotted days, is that the Bill be passed, sub-rule (2) shall have effect notwithstanding that amendments to the Bill have been made.
(4) Subject to the proviso to sub-rule (2), the Speaker may, if he thinks fit, prescribe a time-limit for speeches at all or any of the stages for which a day or days have been allotted under that sub-rule.
(5) On a motion that the Finance Bill be taken into consideration, a member may discuss matters relating to general administration, local grievances within the sphere of the responsibility of Government 30 [* * * * * * * *] or monetary or financial policy of the Government.
(6) In other respects the rules applicable to Bills in Chapter XIII of these rules shall apply except that the Finance Bill shall not be referred to any committee.
128. Business
that can be taken up on a day allotted for financial business
Notwithstanding that a day has been allotted for other business under rules 115, 117, 126 or 127, a motion or motions for leave to introduce a Bill or Bills may be made and a Bill or Bills may be introduced on such day before the House enters on the business for which the day has been allotted.
129. Time-limit
for disposal of financial business
In addition to the powers exercisable under these rules, the Speaker may exercise all such powers as are necessary for the purpose of the timely completion of all financial business including allotment of time for the disposal of various kinds of such business, and where time is so allotted he shall, at the appointed hour, put every question necessary to dispose of all the outstanding matters in connection with the stage or stages for which time has been allotted.
Explanation - Financial business includes any business which the Speaker holds as coming within this category under the Constitution.
__________________
30 The words "of the People’s
Republic of Bangladesh" omitted by Parl. Notf.
No. F.4-1/80-Legis. Gaz. Ex. (P.V.) dt.
4-3-80.
130. Right to move and subject-matter of
resolution
Subject
to the provisions of these rules, a member or a Minister may move a resolution
relating to a matter of general public interest.
(1)
A private member who wishes to move a
resolution shall give not less than ten days' notice of his intention, and
shall submit, together with the notice, a copy of the resolution which he
intends to move:
Provided that no member shall give notice of more than twenty-five
resolutions in one day.
(2)
A Minister who wishes to move a
resolution shall give two days' notice of his intention and shall submit,
together with the notice, a copy of the resolution which he intends to move.
A
resolution may be in the form of a declaration of opinion or recommendation; or
may be in the form so as to record either approval or disapproval by the House
of an act or policy of Government, or convey a message; or command, urge or
request an action; or call attention to a matter or situation for consideration
by the Government, or in such other form as the Speaker may consider
appropriate.
133. Conditions of admissibility of resolutions
No
resolution shall be admissible which does not satisfy the following conditions,
namely: -
(i) it shall be
clearly and precisely expressed and shall raise substantially one definite
issue;
(ii) it shall relate to a matter which is primarily the concern
of the Government or in which the Government have substantial financial
interest;
(iii) it shall not contain arguments, inferences, ironical
expressions, imputations, or defamatory statements, nor shall it refer to the
conduct or character of a person except in his official or public capacity;
(iv) it shall not relate to any matter which is under
adjudication by a court of law having jurisdiction in any part of Bangladesh;
v) it shall not
contain a reflection on the President or a Judge of the Supreme Court.
134. Raising discussion on matters before tribunals, commissions, etc.
No
resolution which seeks to raise a discussion on a matter pending before any
statutory tribunal or statutory authority performing any judicial or quasi-judicial
functions or any Commission or Court of Enquiry appointed to enquire into, or
investigate, any matter shall be permitted to be moved:
Provided
that the Speaker may in his discretion, allow such matter being raised in the
House as is concerned with the procedure or subject or stage of enquiry, if the
Speaker is satisfied that it is not likely to prejudice the consideration of
such matter by the statutory tribunal, statutory authority, Commission or Court
of Enquiry as the case may be.
135. Speaker to decide admissibility of
resolutions
The
Speaker may disallow any resolution or a part thereof, if, in his opinion, it
does not comply with these rules or is an abuse of the right of moving a
resolution and the resolution or any part thereof so disallowed shall not be
placed on the Orders of the Day.
136. Moving of resolution or its withdrawal
(1)
A member in whose name a resolution
stands on the list of business shall, except when he wishes to withdraw it,
when called upon, move the resolution, and shall commence his speech by a
formal motion in the terms appearing in the list of business.
(2)
In the absence of the member in whose
name the resolution stands in the Orders of the Day, any other member, authorised by him in writing in his behalf, may move the
resolution with the consent of the Speaker.
137. Amendments to resolutions
(1)
After a resolution has been moved, any
member may, subject to these rules, move an amendment to the resolution.
Provided
that not more than ten notices of amendments will be accepted in the order in
which they have been received on a resolution which has been moved.
(2)
If notice of an amendment has not been
given two clear days before the day on which it is moved, any member may object
to the moving of the amendment, and thereupon the objection shall prevail,
unless the Speaker in his discretion, allows the
amendment to be moved.
(3)
The Secretary shall, if time permits,
cause a copy of every amendment to be circulated for the use of every member.
138. Withdrawal of resolution or amendment after
being moved
(1)
The member who has moved a resolution
or amendment to a resolution shall not withdraw the same except by leave of the
House.
(2)
There shall be no discussion on a
motion for leave to withdraw except with the permission of the Speaker.
When
an amendment to any resolution is moved or when two or more such amendments are
moved, the Speaker shall, before taking the sense of the House thereon, read to
the House the terms of the original motion and the amendment or amendments
proposed.
(1)
When a resolution has been moved and
the decision of the House given on it, no resolution or amendment raising
substantially the same question shall be moved within six months of the
decision.
(2)
When a resolution is withdrawn by
leave of the House, no resolution raising substantially the same question shall
be moved during the same session.
The
discussion on a resolution shall be strictly limited to the subject-matter of
the resolution.
No
speech on a resolution shall, except with the permission of the Speaker, exceed
three minutes in duration. But the mover of the resolution when moving it may
speak for fifteen minutes and the Minister concerned may speak on the subject
briefly.
143. Copy of the resolution passed to Ministers
concerned
(1)
A copy or every resolution which has
been passed by the House shall be forwarded to the Minister concerned.
(2)
The Minister concerned shall inform
the Parliament in the next Session, if not earlier, of the action, if any,
taken by Government on a resolution passed by the House.
(B) Resolutions for
disapproval of Ordinances under clause (2)
of
Article 93 of the Constitution.
144. Resolution for disapproval of Ordinance
(1) After an Ordinance made under clause (1) of
Article 93 of the Constitution has been laid before the House any member may
move a resolution for disapproval of the Ordinance under clause (2) of Article
93 of the Constitution after giving three clear days' written notice of his
intention to do so to the Secretary.
(2)
Where more than one such notice has
been received in respect of the same Ordinance, the resolutions shall be taken
up in the order in which the notices have been received, without resorting to
ballot, on a day, being within thirty days of the laying of the Ordinance, to
be fixed by the Speaker in consultation with the Leader of the House, and the
provisions of Private Members' notices for resolutions shall not apply in
respect of such resolutions:
Provided
that when one such resolution is passed by the House, within thirty days after
the Ordinance is laid, all other such resolutions shall lapse.
(3)
No amendment shall be moved to any
such resolution.
(4)
A resolution disapproving an Ordinance
shall be confined to disapproval of the ordinance as a whole and not any
individual clause or Schedule of the Ordinance.
145. Rules not to apply to certain Constitutional
resolutions
Rules
l30 -- [143] shall not apply to the resolution mentioned in [Article 74] or any
other Article of the Constitution.
146. Discussion on
a matter of public interest
Save
in so far as is otherwise provided in the Constitution or in these rules, no discussion of a matter of general public interest
shall take place except on a motion made with the consent of the Speaker.
(1) Subject to other provisions in these rules
and unless otherwise directed by the Speaker, notice of every motion,
accompanied by a copy thereof, shall be given in writing addressed to the
Secretary and signed by the member giving the notice and shall be left at the
Notice Office of the House.
(2) Where notice of a motion has been given,
the Secretary shall send a copy thereof to the members as soon as possible
after notice has been received.
(3) No notice shall be required—
(a) for a
motion for adjournment of the consideration of the motion which is under
discussion; or
(b) for a
motion for reference back to a Committee.
148. Conditions of admissibility of motions
The
right of a member to make a motion shall be governed by the following
conditions, namely:-
(i) it shall raise substantially one definite issue;
(ii) it shall not
contain arguments, inferences, ironical expressions, imputations or defamatory
statements;
(iii) it shall not refer
to the conduct or character of persons, except in their public capacity;
(iv) It shall be
restricted to a matter of recent occurrence;
(v) it shall not raise
a question of privilege;
(vi) it shall not revive
discussion of a matter which has been discussed in the same session;
(vii) it shall not
anticipate discussion of a matter which is likely to be discussed in the same
session; and
(viii) it shall not relate
to any matter which is under adjudication by a court of law having jurisdiction
in any part of Bangladesh.
149. Motion for raising discussion on matters before tribunals,
commissions, etc.
No
motion which seeks to raise discussion on a matter pending before any statutory
tribunal or statutory authority performing any judicial or quasi-judicial
functions or any commission or court of enquiry appointed to enquire into, or
investigate any matter, shall ordinarily be permitted to be moved;
Provided
that the Speaker may, in his discretion, allow such matter being raised in the
House as is concerned with the procedure or subject or stage of enquiry, if the
Speaker is satisfied that it is not likely to prejudice the consideration of
such matter by the statutory tribunal, statutory authority, commission or court
of enquiry.
150. Speaker to decide admissibility of motions
The
Speaker shall decide whether a motion or a part thereof is or is not admissible
under these rules and may disallow any motion or a part thereof when in his
opinion it is an abuse of the right of moving a motion or is calculated to
obstruct or prejudicially affect the procedure of the House or is in
contravention of these rules.
Where
substantially identical motions stand in the names of two or more members, the
Speaker shall decide whose motions shall be moved, and the other motions shall
thereupon be deemed to be withdrawn.
152. Right to
speak more than once
Except in the exercise of a right of reply or as otherwise provided
in these rules, no member shall speak more than once on any motion, except with
the permission of the Speaker.
A
member who has moved a substantive motion may speak again by way of reply and
if the motion is moved by a private member, the Minister to whose Department
the matter relates shall have the right of speaking after the mover, whether he
has previously spoken in the debate or not:
Provided that the mover of an amendment to a Bill or a resolution
shall have no right of reply except with the permission of the Speaker.
(1) An amendment must be relevant to, and
within the scope of, the question to which it is proposed.
(2) An amendment may not be moved which has
merely the effect of a negative vote.
(3) After a decision has been given on an
amendment to any part of a question, an earlier part shall not be amended
except with the leave of the Speaker.
(4) An amendment to a question must not be
inconsistent with the previous decision on the same question given at the same
stage of any motion.
(5) The Speaker may refuse to put an amendment
which is in his opinion frivolous.
(6) When an amendment to any motion is moved,
or when two or more amendments are moved, the Speaker shall, before taking the
sense of the House thereon, state or read to the House the terms of the
original motion and of the amendment or amendments proposed.
(7) Except as permitted by the Speaker,--
(a) notice of any amendment to a motion shall be given not
later than the day preceding the day on which the motion is to be moved; and
(b) notice of any amendment to an
amendment shall be given before the House meets for the day on which the
amendment is to be moved.
(8) The Speaker may put amendments to the vote
in any order he may choose.
(1) A member who has moved a motion may not
withdraw the same, except with leave of the House.
(2) No discussion shall be permitted on a
request for leave to withdraw, except with the permission of the Speaker.
(3) If the leave of the House has been given to
withdraw a motion to which an amendment has been proposed, the mover of the
amendment may forthwith move the motion in its amended form.
156. Allotment of time and discussion of motions
The
Speaker may, after considering the state of business in the House and in
consultation with the Leader of the House, allot a day or days or part of a day
for the discussion of any such motion.
157. Speaker to
put question at the appointed time
The
Speaker shall, at the appointed hour on the allotted day or the last of the
allotted days, as the case may be, forthwith put every question necessary to
determine the decision of the House on the original question.
The
Speaker may, if he thinks fit, prescribe a time-limit for speeches.
Motion of No-confidence in
Ministers and statement by a
159. Motion of No-confidence in Ministers
(1) Subject to the provisions of these rules, a
member may move for leave to make a motion expressing want of confidence in the
[Cabinet] of the People’s Republic of Bangladesh after giving to the Secretary
not less than three days’ written notice of his intention to do so.
(2) The notice shall be accompanied by a copy
of the motion which is proposed to be made, and the Secretary shall, as soon as
possible, send a copy of both the notice and the motion to the Prime Minister
and circulate the same to the members.
(3) The motion for leave of which notice has
been given under sub-rule (1) shall be entered in the name of the member
concerned in the Orders of the Day for the first working day after expiry of
three days from the date of receipt of the notice.
(4) Leave to make the motion shall be asked for
after questions and before the Orders of the Day are entered upon but no speech
shall be permitted at this stage.
(5) If the Speaker is of opinion that the
motion is in order and is not an abuse of the provisions of sub-rule (1), he
shall read the motion to the house and shall request those members who are in favour of leave being granted to rise in their places, and
if not less than thirty members rise accordingly, the Speaker shall declare
that leave is granted, and that the motion shall be taken up on such day, not
being more than then days from the day on which leave is asked for, as he may
appoint. If less than thirty members so rise, the Speaker shall inform the
member that he has not the leave of the House.
(6) If leave is granted under sub-rule (5) the
Speaker may after considering the state of business in the House, allot a day
or days or part of a day for discussion of the motion.
(7) On the allotted day or the last of such
days, as the case may be, the Speaker shall put every question necessary to
determine the decision of the House on the motion.
(8) The Speaker may, if he thinks fit,
prescribe a time-limit for speeches;
Provided
that the mover of the motion when moving the same and the Prime Minister or any
other Minister on his behalf, as the case may be, may, while giving reply,
speak for such longer time as the Speaker may permit.
160. Statement by a Minister who has resigned.
(1)
A Minister who has resigned from his
office may, with the consent of the Speaker, make a personal statement in
explanation of his resignation.
(2) There shall be no debate on such statement,
but after it has been made, the Prime Minister or any other Minister on his
behalf shall be entitled to make a statement pertinent thereto.
Resolution for removal of
Speaker or Deputy Speaker from office
161. Resolution for removal of Speaker or Deputy
Speaker
(1) A member may give notice to Secretary in
writing of a motion for leave to move a resolution under sub-clause (c) of
clause (2) of Article 74 of the Constitution for the removal of the Speaker or
the Deputy Speaker and the Secretary shall, as soon as may be, circulate the
notice to the members.
(2) The motion for leave of which notice has
been given under-sub-rule (1) shall be entered in the name of the member
concerned by the Secretary in the orders of the Day for the first working day
after the expiry of fourteen days from the date of receipt of the notice.
(3) On the day fixed for a motion for leave to
move a resolution under sub-rule (1), that item shall be taken up before any
other business for the day is entered upon.
(4) Notwithstanding any other provision in
these rules the Speaker or, as the case may be, the Deputy Speaker shall not
preside over a sitting of the Parliament while a resolution for his own removal
is taken up for consideration.
(5) The member in whose name the motion stands
in the Orders of the Day shall, unless he wishes to withdraw it, move the
motion when called upon to do so, but no speech shall be permitted at this
stage.
(6) As soon as a motion for leave of which
notice under sub-rule (1) was given has been moved the Speaker or the Deputy
Speaker of the person presiding, as the case may be, shall place the motion
before the House and shall request those members who are in favour
of leave being granted to rise in their places. If not less than thirty members
rise accordingly, the Speaker or the Deputy Speaker or the person presiding as
the case may be, shall declare that leave has been granted and the resolution
will be taken up not later than five days from the date on which the leave is
granted and call upon the member concerned to move the resolution. If less than
thirty members rise, the Speaker or the Deputy Speaker or the person presiding,
as the case may be, shall inform the member that he has not the leave of the
House.
(7) On the appointed day the resolution shall
be included in the list of business to be taken up after the questions and
before any other business for the day is entered upon.
(8) Except with the permission of the person presiding a speech on the resolution shall not exceed
fifteen minutes in duration:
Provided
that the mover of the resolution when moving the same and the Speaker or the
Deputy Speaker, as the case may be, for whose removal the resolution has been
moved may speak for such longer time as the person presiding may permit.
(9) The resolution which has been moved shall
be put and decided, if necessary by division.
Motions for impeachment of the
President and his removal
from office on
ground of incapacity
162. Procedure for impeachment
of the President and his removal from office on ground of incapacity.
(1) A notice of a motion for impeachment of the
President on a charge of violating the Constitution or of grave misconduct
under clause (1) of [Article 52] or for his removal from office on ground of
physical or mental incapacity under clause (1) of [Article 53] of the
Constitution shall be given to the Speaker in writing signed by not less than
[a majority] of the total number of members of Parliament.
(2) Such notice shall set out the particulars
of the charges or, as the case may be, of the alleged incapacity, and shall not
contain any statement or reflection not relevant to the specific charges or
incapacity.
(3) On receiving such notice the Speaker shall
fix a day for consideration of the motion, not being a day earlier than
fourteen days not later than thirty days after notice of the motion was
delivered to the Speaker, and the Speaker shall forthwith summon the
Parliament, if it is not then in session.
(4) No amendment shall be moved to any such
motion.
(5) The conduct of the President may be
referred by Parliament to [any court, tribunal or body appointed or designated]
by Parliament for investigation of a charge under [Article 52] of the
Constitution when such a reference is made by Parliament, the Secretary shall
send a copy of the decision of the House in this behalf to [the court, tribunal
or body] to which the reference has been made, for necessary action.
(6) On receipt of a notice of a motion for the
removal of the President from office on the ground of mental or physical
incapacity under [Article 53] of the Constitution the Speaker shall forthwith
summon Parliament if it is not in session and shall call for a resolution
constituting a Medical Board and upon the necessary motion being made and carried
shall forthwith cause a copy of the notice to be transmitted to the President
together with a request signed by the Speaker that the President submit himself
within a period of ten days from the date of the request to an examination by
the Board.
(7) The motion for removal shall not be put to
the vote earlier than fourteen nor later than thirty
days after notice of the motion is delivered to the Speaker, and if it is again
necessary to summon Parliament in order to enable the motion
to be made within that period, the Speaker shall summon Parliament.
(8) The President shall have a right to appear
and to be represented during the consideration of the charge [or the motion, as
the case may be].
(9) The Speaker shall satisfy himself that the
requirements of the provisions of the Constitution in this behalf have been
complied with.
[* * * * * * * *].
Subject
to provisions of rule 165, a member may raise a question involving a breach of
privilege either of a member or of the Parliament or of a Committee thereof.
164. Notice of
question of privilege
A
member wishing to raise a question of privilege shall give notice in writing to
the Secretary [two hours] before the commencement of the sitting on the day the
question is proposed to be raised. If the question raised is based on a
document, the notice shall be accompanied by the document:
Provided
that the Speaker may, if he is satisfied about the urgency of the matter, allow
a question of privilege to be raised at any time during the course of a sitting
after the disposal of questions.
165. Conditions of admissibility of question of
privilege
The
right to raise a question of privilege shall be governed by the following
conditions, namely:--
(i) not more than one
question shall be moved by the same member at the same sitting;
(ii) the question shall be restricted to a specific matter of
recent occurrence and shall be raised at the earliest opportunity;
(iii) not more than one question shall, after leave is granted be
discussed in the same sitting;
(iv) the matter shall be
such as requires the intervention of the House; and
(v) the question shall not reflect on the personal conduct of
the President nor any court of law in the exercise of its judicial functions.
166. Mode of
raising a question of privilege
(1)
If the Speaker holds that the matter proposed to be discussed is in order, he
shall, after the questions and before the Orders of the Day are entered upon,
call upon the member concerned who shall rise in his place and, while asking
for leave to raise the question of privilege, make a short statement relevant
thereto.
(2) If objection to leave being granted is
taken, the Speaker shall request those members who are in favour
of leave being granted to rise in their places, and if not less than fifteen
members rise accordingly, the Speaker shall declare that leave is granted. If
less than fifteen members rise, the Speaker shall inform the member that he has
not the leave of the House.
(3) Where the Speaker is of the opinion that
the matter proposed to be discussed is not in order, he may, if he thinks it
necessary, read the notice of question of privilege and state that he holds
that the notice of question of privilege is not in order.
167. Time for question of privilege
A
question of privilege shall have precedence over other motions.
168. Consideration
by the House or reference to the Standing Committee on Privileges
If
leave is granted, the House may consider the question of privilege and come to
a decision or refer it to the Standing Committee on privileges on a motion made
either by the member who has raised the question of privilege or by any other
member.
169. Reference of Questions of
Privilege to Standing Committee on Privileges by Speaker
Notwithstanding
anything contained in these rules, the Speaker may refer any question of privilege
to the Standing Committee of privileges for examination, investigation and
report.
170. Power of
Speaker to give directions
The
Speaker may issue such directions as may be necessary for regulating the
procedure in connection with all matters connected with the consideration of
the question of privilege either in the Committee of Privileges or in the
House.
171. Priority for
consideration of report of the Committee
A
motion that the report of the Committee be taken into consideration shall be accorded
the priority assigned to a matter of privilege and when a date has already been
fixed for the consideration of the report, it shall be given priority as matter
of privilege on the day so appointed.
(B) Intimation to
Speaker of arrest, detention, etc., and release of a member
172. Intimation to Speaker by Magistrate, of
arrest, detention etc., of a member
When
a member is arrested on criminal charge or for a criminal offence [* * *] or is
sentenced to imprisonment by a court, or is detained under an executive order,
the committing judge, magistrate, or executive authority, as the case may be,
shall immediately intimate such fact to the Speaker indicating the reasons for
the arrest, detention or imprisonment of the member in the appropriate form set
out in Schedule III.
173. Intimation to Speaker on release of a member
When
a member is arrested and after conviction released on bail pending an appeal,
or otherwise released, such fact shall also be intimated to the Speaker by the
authority concerned in the appropriate form set out in Schedule III.
174. Arrest within the precincts of the House
No
arrest shall be made within the precincts of the House without obtaining the
permission of the Speaker.
No
legal process, civil or criminal, shall be served within the precincts of the
House without obtaining the permission of the Speaker.
176. Treatment of communications received from Magistrate, etc.
As
soon as may be, the Speaker shall, after he has received a communication
referred to in rule 172 or rule 173 read it out in the House if in session or,
if the House is not in session, direct that it may be circulated for the
information of the members:
Provided
that if the intimation of the release of a member either on bail or by
discharge on appeal is received before the House has been informed of the
original arrest, the fact of his arrest, or his subsequent release or discharge
may not be intimated to the House by the Speaker.
Resignation and vacation of seats
in the Parliament
177. Resignation
of seats in the House
(1)
A member who desires to resign his
seat in Parliament shall intimate, in writing under his hand addressed to the
Speaker, his intention to resign his seat in the House, and shall not give any
reason for his resignation:
Provided
that where any member gives any reason or introduces any extraneous matter, the
Speaker may, in his discretion, omit such words, phrases or matter and the same
shall not be read out to the House.
(2) The resignation shall take effect and the
seat of the member shall become vacant under clause (2) of Article 67 of the
Constitution when the intimation is received by the Speaker or if the office of
the Speaker is vacant, or the Speaker is for any reason unable to perform his
functions, by the Deputy Speaker.
178. Reference to
Election Commission and vacation of seats
(1)
If any dispute arises as to whether a member has after his election, become
subject to any of the disqualifications mentioned in clause (2) of Article 66
or as to whether a member should vacate his seat pursuant to Article 70 of the
Constitution, the dispute shall be referred by the Speaker to the Election
Commission.
(2) If the decision of the Election Commission
is that the member has become disqualified or should vacate his seat, as the
case may be, the member shall cease to be a member.
(3) If a member resigns his seat, or is absent,
without leave of the House, for ninety consecutive sitting days of the
Parliament, or fails to make and subscribe his oath of office within the time
mentioned in clause (1)(a) of Article 67 of the
Constitution, or otherwise ceases to be a member, the Speaker shall bring the
fact to the notice of the House, if it is in session;
Provided
that when the Parliament is not in session, the Speaker shall inform the House
immediately after the House reassembles that a member has resigned or ceased to
be a member, as the case may be, during the inter-session period.
(4) If the seat of a member becomes vacant, the
Secretary shall cause a notification to that effect to be published in the
Gazette and forward a copy of the notification to the member concerned and also
to the Election Commission for taking steps to fill the vacancy thus caused.
Leave of absence from the
Sittings of Parliament
179. Application
for leave of absence
(1) A member desirous of obtaining the leave of
the House for his absence for ninety consecutive days may make an application
in writing addressed to the Speaker specifying the period for which leave of
absence is required, indicating also the date of commencement and of
termination of such leave and the grounds for it:
Provided
that the leave of absence applied for at any one time shall not exceed a period
of ninety days.
(2) On receiving such application, the Speaker
shall read out the application to the House and put the question, without
debate, that leave be granted.
(3) When a member is prevented or incapacitated
from making such an application, leave of the House may be granted on a motion
moved by any other member;
Provided
that a member who has been granted leave under these rules by the House may
attend the session of the House before the expiry of such leave with intimation
to the Speaker, and if he does so, the unexpired portion of the leave from the
date of his resuming attendance shall lapse.
(4) The Secretary shall, as soon as possible,
communicate the decision of the House to the member concerned.
The
Secretary shall cause a register to be maintained showing the attendance of
each member at each sitting and shall make the register available for
inspection of the members.
181. Secret sittings of the House
(1) On a request made by the Leader of the
House the Speaker shall fix a day or part thereof for sitting of the House in
secret.
(2) When the House sits in secret, no stranger
shall be permitted to be present in the Chamber, Lobbies or Galleries:
Provided that persons authorised by the
Speaker may be present in the Chamber, Lobbies or Galleries.
The
Speaker may cause a report of the proceedings of a secret sitting to be issued
in such manner as he thinks fit, but no other person present shall keep a note
or record of any proceedings or decisions of a secret sitting, whether in part
or full, or issue any report of, or purport to describe, such proceedings.
183. Procedure in other respects
The
procedure in all other respects in connection with a secret sitting shall be in
accordance with such directions as the Speaker may give.
(1) When it is considered that the necessity
for maintaining secrecy in regard to the proceedings of a secret sitting has
ceased to exist and subject to the consent of the Speaker, a motion may be
moved by the Leader of the House or any member authorised
by him that the proceedings in the House during a secret sitting be no longer
treated as secret.
(2) On adoption by the House of the motion
under sub-rule (1), the Secretary shall cause to be prepared a report of the
proceedings of the secret sitting, and shall, as soon as practicable, publish
it in such form and manner as the Speaker may direct.
185. Disclosure of proceedings or decisions
Subject
to the provisions of rule 184, disclosure of proceedings or decisions of a
secret sitting by any person in any manner shall be treated as a gross breach
of privilege of the House.
Procedure for Amendment of
Rules
(1) Unless the Speaker otherwise directs, not
less than fifteen clear days’ notice of a motion for leave to amend these rules
shall be given and the notice shall be accompanied by the amendments proposed.
(2) The motion shall be included in the Orders
of the Day, if the Parliament is in session, within seven days of the expiry of
the notice, under sub-rule (1), or within seven days of the commencement of a
session, as the Speaker may direct.
(3) When the motion is reached, the Speaker
shall read out the proposed amendment to the House and ask whether the member
has the leave of the Parliament. If objection is taken, the Speaker shall call
such of the members as may be in favour of leave
being granted to rise in their places and if at least fifteen members do not so
rise he shall declare that the member has not the leave of the House, or, if no
objection is taken or such number so rise, the Speaker shall declare that the
member has the leave of the House.
(4) (a) When
a member has the leave of the House under sub-rule (3), he may move that the
proposed amendment be taken into consideration, to which any other member may
move as
an amendment that the proposed amendment be referred to the Standing Committee
on Rules of Procedure. If the motion for consideration is carried, the proposed
amendment will be put to the House immediately for decision.
(b) If the amendment to refer the
proposed amendment to the Committee is carried, the matter shall be referred to
the Committee.
(5) After the proposed amendment has been
referred to the Committee, the procedure in regard to a Bill similarly
committed shall be followed, as far as may be, with such variation as the
Speaker may consider necessary.
(6) When a new rule or an amendment of a rule
is passed by the House, it shall come into force at once.
In
this Chapter, unless the context otherwise requires, "Committee"
means and includes "Committee" as defined in sub-rule (1) (f) of rule
2.
(1)
The members of a Committee shall be appointed by Parliament on a motion made by
it.
(2) No member shall be appointed to a Committee
who has a personal, pecuniary or direct interest in any matter which may be
considered by that Committee. Nor shall a member be appointed to a Committee if
he is not willing to serve on it. The proposer shall ascertain whether the
member whose name is proposed by him is willing to serve on that Committee.
Explanation
– For the purpose of this sub-rule the interest of the member should be
direct, personal or pecuniary and separately belong to the person whose
inclusion in the Committee may be objected to and not in common with the public
in general or with any class or section thereof or on a matter of State policy.
(3) Casual vacancies in a Committee shall be
filled by appointment by the Parliament on a motion made, and any member appointed, to fill such vacancy shall hold office for the
unexpired portion of the term for which the member in whose place he is
appointed, would have normally held office.
189. Term of office of a Committee
(1)
Subject to the provisions of the Constitution in this behalf, the term of
office of a Committee of the House other than a Select Committee on a Bill or a
Special Committee constituted by the House for a specific purpose, [shall be
valid during the duration of the Parliament]:
[Provided that a Committee may be reconstituted by the House, if
necessary.]
(2) A Committee nominated by the Speaker under
these rules shall, unless otherwise specified in the rules contained in this
Chapter, hold office for the period specified by him or until a new Committee
is nominated.
[* * * * * * * *]
190. Resignation from Committee
A
member may resign his seat from a Committee by writing under his hand,
addressed to the Speaker.
(1)
The Chairman of a Committee shall,
unless designated by the House, be elected by the Committee from amongst the
members of that Committee.
[(2) If the Chairman ceases to be a member of
the Committee, remains absent from any sitting of the Committee or is otherwise
unable to perform his duties, the Committee shall choose another member to act
as Chairman for that sitting.]
(1)
The quorum to constitute a sitting of
a Committee shall be, as near as may be, one-third of the total number of
members of the Committee.
(2) If at any time fixed for any sitting of the
Committee or if at any time during any such sitting, there is no quorum, the
Chairman of the Committee shall either suspend the sitting until there is a
quorum or adjourn the sitting to some future day.
(3)
When the Committee has been adjourned
in pursuance of sub-rule (2) on two successive dates fixed for sittings of the
Committee, the Chairman shall report the fact to the House.
193. Discharge of members absent from sittings of
Committee
If
a member is absent from two or more consecutive sittings of a Committee without
the permission of the Committee, a motion may be moved in the House for the
discharge of such member from the Committee.
All
questions at any siting of a Committee shall be
determined by a majority of votes of the members present and voting.
In
the case of an equality of votes on any matter, the Chairman, or the person
acting as such, shall have a second or casting vote.
196. Power to appoint Sub-Committees
(1) A Committee may appoint one or more
Sub-Committees, each having the powers of the undivided Committee, to examine
any matters that may be referred to them, and the
reports of such Sub-Committees shall be deemed to be reports of the whole
Committee, if they are approved at a sitting of the whole Committee.
(2) The order of reference to a Sub-Committee
shall clearly state the point or points for investigation. The report of the
Sub-Committee shall be considered by the whole Committee.
The
sittings of a Committee shall be held on such days and at such hour as the
Chairman of the Committee may fix.
Provided
that if the Chairman of the Committee is not readily available, the Secretary
may fix the date and time of a sitting:
Provided further that in the case of Select Committee on a Bill, if
the Chairman of the Committee is not readily available, the Secretary may, in
consultation with the Minister concerned fix the date and time of a sitting.
198. Committee may sit whilst Parliament is
sitting
A
Committee may sit whilst the Parliament is sitting provided that on a division
being called in the House the Chairman of the Committee shall suspend the
proceedings in the Committee for such time as will in his opinion enable the
members to vote in a division.
199. Sittings of Committee in private
The
sittings of a Committee shall be held in private.
The
sittings of a Committee shall be held within the precincts of the [ * ] House, and if it becomes necessary to change the place
of sitting outside the 52 [ * ] House, the matter shall be referred
to the Speaker whose decision shall be final.
201. All strangers
to withdraw when Committee deliberates
All
persons other than members of the Committee and officers of the Parliament
Secretariat shall withdraw whenever the Committee is deliberating.
202. Power to take evidence or call for documents
(1) A witness may be summoned by an order
signed by the Secretary and shall produce such documents as are required for
the use of a Committee.
(2) It shall be in the discretion of the
Committee to treat any evidence given before it as secret or confidential.
(3)
No document submitted to the Committee
shall be withdrawn or altered without the knowledge and approval of the
Committee.
203. Power to send
for persons, papers and records
A
Committee shall have power to send for persons, papers and records:
Provided
that if any question arises whether the evidence of a person or the production
of a document is relevant for the purposes of the Committee, the question shall
be referred to the Speaker whose decision shall be final.
Provided further that Government may decline to produce a document
on the ground that its disclosure would be prejudicial to the safety or
interest of the State.
(1) A Committee may administer oath (or
affirmation) to a witness examined before it.
(2) The form of the oath (or affirmation) shall
be as follows:
"I, .................................
, do solemnly swear (or affirm) that the evidence which I shall give in
this case shall be true, that I will conceal nothing, and that no part of my
evidence shall be false".
205. Procedure for examining witnesses
The
examination of witnesses before a Committee shall be conducted as follows:-
(i) The Committee shall, before a witness is
called for examination, decide the mode of procedure and the nature of
questions that may be asked of the witness.
(ii) The
Chairman [* *] may first ask the witness such question or questions as he may
consider necessary with reference to the subject-matter under consideration or
any subject connected therewith according to the mode of procedure mentioned in
clause (i) of this rule.
(iii) The
Chairman may call other members of the Committee one by one to ask any other
questions.
(iv) A witness may be asked to place before
the Committee any other relevant points that have not been covered and which a
witness thinks are essential to be placed before the Committee.
(v) A
verbatim record of proceedings of the Committee shall, when a witness is
summoned to give evidence, be kept.
(vi) The evidence given before the
Committee may be made available to all members of the Committee.
206. Record of decisions of Committee
A
record of the decisions of a Committee shall be maintained and circulated to
members of the Committee under the direction of the Chairman.
207. Evidence, report and proceedings treated as
confidential
(1)
A Committee may direct that the whole
or a part of the evidence or a summary thereof may be laid on the Table.
(2)
No part of the evidence, oral or
written, report or proceedings of a Committee which has not been laid on the
Table shall be open to inspection by anyone except under the authority of the
Speaker.
(3)
The evidence given before a Committee shall not be published by any member of
the Committee or by any other person until it has been laid on the Table:
Provided
that the Speaker may, in his discretion, direct that such evidence be
confidentially made available to members before it is formally laid on the
Table.
A
Committee may, if it thinks fit, make a special report on any matter that
arises or comes to light in the course of its work which it may consider
necessary to bring to the notice of the House, notwithstanding that such matter
is not directly connected with, or does not fall within or is not incidental
to, its terms of reference.
(1)
Where the House has not fixed any time
for the presentation of the report by a Committee, the report shall be
presented within one month of the date on which reference to the Committee was
made:
Provided
that the House may at any time, on a motion being made, direct that the time
for the presentation of the report by the Committee be extended to a date
specified in the motion.
(2)
Reports may be either preliminary or
final.
(3)
The report of the Committee shall be
signed by the Chairman on behalf of the Committee:
Provided
that in case the Chairman is absent or is not readily available the Committee
shall choose another member to sign the report on behalf of the Committee.
210. Availability of report to Government before
presentation
A
Committee may, if it thinks fit, make available to Government any part of its
report before presentation to the House. Such reports shall be treated as
confidential until presented to the House.
(1) The report of a Committee shall be
presented to the House by the Chairman or in his absence by any member of the
Committee.
(2) In presenting the report the Chairman or in
his absence, the member presenting the report shall, if he makes any remarks,
confine himself to a brief statement of fact, but there shall be no debate on
that statement at this stage.
212. Printing, publication or circulation of
report prior to its presentation to House
(1) The Speaker may, on a request being made to
him and when the House is not in session, order the printing, publication or
circulation of a report of a Committee although it has not been presented to
the House. In that case the report shall be presented to the House during its
next session at the first convenient opportunity.
213. Power to make suggestions on procedure
(1) A Committee shall have power to regulate
its own procedure.
[(2)
A committee may obtain co-operation and
advice from any expert in its respective field, if deemed necessary.]
214. Power of Speaker to give directions
If
any doubt arises on any point of procedure or otherwise, the Chairman may, if
he thinks fit, refer the point to the Speaker whose decision shall be final.
215. Business before Committee not to lapse on
prorogation of House
Any
business pending before a Committee shall not lapse by reason only of the
prorogation of the House and the Committee shall continue to function
notwithstanding such prorogation.
216. Unfinished work of Committee
A
Committee which is unable to complete its work before the expiration of its
term or before the dissolution of the House may report to the House that the
Committee has not been able to complete its work. Any
preliminary report, memorandum or note that the committee may have prepared or
any evidence that the Committee may have taken shall be made available to the
new Committee.
217. Applicability of general rules to Committees
Except
for matters for which special provision is made in the rules relating to any
particular Committee, the general rules in this Chapter shall apply to all
Committees; and in so far as any provision in the special provisions relating
to a Committee is inconsistent with the general rules, the former rules shall prevail.
218. Secretary to be ex-officio Secretary of
Committees or he may authorise any
officer
(1)
The Secretary shall be ex-officio
Secretary to every Committee of the Parliament.
(2)
The Secretary may authorise
any officer of the Secretariat to perform such duties as he may direct.
(B) Business Advisory Committee
219. Constitution of Business Advisory Committee
[The]
Speaker may nominate a Committee called the Business Advisory Committee
consisting of not more than [fifteen] members including the Speaker who shall
be the Chairman of the Committee.
220. Functions of the Committee
(1)
It shall be the function of the
Committee to recommend the time that should be allocated for the discussion of
the stage or stages of such Government Bills and other business as the Speaker,
in consultation with the Leader of the House, may direct for being referred to
the Committee.
(2)
The Committee shall have the power to
indicate in the proposed time-table the different hours at which the various
stages of the Bill or other business shall be completed.
(3)
The Committee shall have such other
functions as may be assigned to it by the Speaker from time to time.
Explanation.- The expression 'other business' referred to in this
rule means business, other than private members' Bills and private members'
Resolutions under these rules.
221. Notification of allocation of Time Order
The
allocation of time in respect of Bills and other business as may be decided by
the Committee, shall be notified in the Bulletin:
Provided
that the Speaker may, after taking the sense of the House, vary the time-table
to such extent as may be considered necessary.
(C) Committee on Private
Members' Bills and Resolutions
222. Constitution of Committee on Private Members’
Bills and Resolutions
(1)
There shall be a Committee on Private
Members' Bills and Resolutions consisting of not more than ten members.
(2)
The Committee shall be appointed by
the House on a motion made by it.
223. Functions of the Committee
(1)
The functions of the Committee shall
be-
(a) to examine every Bill seeking
to amend the Constitution notice of which has been given by a private member,
before a motion for leave to introduce the Bill is included in the Orders of
the Day;
(b) to examine all private
members' Bills after they are introduced and before they are taken up for
consideration in the House and to classify them according to their nature,
urgency and importance into two categories namely, category A and category B;
(c) to recommend the time that should be allocated for the
discussion of the stage or stages of each private members' Bill and also to
indicate in the time-table so drawn up the different hours at which the various
stages of the Bill in a day shall be completed;
(d) to recommend time-limit for
the discussion of private members' Resolutions and other ancillary matters.
(2)
The Committee shall perform such other
functions in respect of private members' Bills and Resolutions as may be
assigned to it by the House from time to time.
224. Notification of classification and allocation
of Time Order
The
classification of Bills and the allocation of time in respect of Bills and
Resolutions as may be decided by the Committee, shall
be notified in the Bulletin:
Provided
that the Speaker may, after taking the sense of the House, vary the time-table
to such extend as may be necessary.
(D) Select Committees on Bills
225. Constitution of Select Committee
The
members of a Select Committee on a Bill shall be appointed by the House when a
motion that the Bill be referred to a Select Committee is made;
Provided
that the member-in-charge of the Bill shall be a member of the Committee, even
if his name be not included in the motion for constitution of such a Committee:
Provided further that a Minister who is not a member of the
Committee may, with the permission of the Chairman, address the Committee.
226. Notice of Amendments and procedure generally
A
member of a Select Committee may propose amendments to any of the provisions of
the Bill after giving one day’s notice unless the Chairman allows amendments to
be proposed without such notice.
227. Power of Committee to take evidence
A
Select Committee may hear expert evidence and representatives of special
interests affected by the measure before them.
(1)
As soon as may be, after a Bill has
been referred to a Select Committee, the Select Committee shall meet from time
to time in accordance with rule 197 to consider the Bill and shall make a
report thereon within the time fixed by the House:
Provided
that where the House has not fixed any time for the presentation of the report
by a Select Committee, the report shall be presented before the expiry of three
months from the date on which the House adopted the motion for the reference of
the Bill to the Select Committee:
Provided further that the House may at any time, on a motion being
made, direct that the time for the presentation of the report by the Select
Committee be extended to a date specified in the motion.
(2)
The Select Committee shall in their
report state whether the publication of the Bill required by these rules has
taken place, and the date on which the publication has taken place.
(3)
Where a Bill has been altered, the
Select Committee may, if they think fit, include in their report a
recommendation to the member-in-charge of the Bill that his next motion should
be a motion for circulation, or, where the Bill has already been circulated,
for re-circulation.
(4)
Any member of the Select Committee may
record a minute of dissent on any matter or matters connected with the Bill or
dealt with in the report.
(5)
A minute of dissent shall be couched
in temperate and decorous language and shall not refer to any discussion in the
Select Committee nor cast aspersion on the Committee.
The
report of the Select Committee on a Bill together with the minutes of dissent,
if any, shall be presented to the House by the Chairman or in his absence by
any member of the Committee.
230. Printing and publication of reports
The
Secretary shall cause every report of a Select Committee to be printed, and a
copy of the report shall be made available for the use of every member of the
House. The report and the Bill, as reported by the Select Committee, shall be
published in the Gazette.
231. Constitution of Committee on Petitions
[The]
Speaker shall nominate a Committee on petitions consisting of not less than ten
members:
Provided
that a Minister shall not be nominated a member of the Committee, and that if a
member, after his nomination to the Committee is appointed a Minister he shall
cease to be a member of the Committee from the date of such appointment.
232. Functions of the Committee
(1)
The Committee shall examine every
petition referred to it, and if the petition complies with these rules, the
Committee may direct that it be circulated. Where circulation of the petition
has not been directed, the Speaker may at any time direct that the petition be
circulated.
(2)
Circulation of the petition shall be in
extenso or in summary form as the Committee or
the Speaker, as the case may be, may direct.
(3)
It shall also be the duty of the
Committee to report to the House on specific complaints made in the petition
referred to it and to suggest remedial measures in a concrete form.
(F) Standing Committee on
Public Accounts
233. Functions of Committee on Public Accounts
(1)
There shall be a Committee on Public
Accounts for the examination of accounts showing the appropriation of sums
granted by the House for the expenditure of the [Government], the annual
finance accounts of the 58[Government] and such other accounts laid
before the House as the Committee may think fit. [Upon examination of
irregularities and lapses of Institutions, the Committee shall report to
Parliament with recommendations of remedial measures.]
(2)
In scrutinising
the Appropriation Accounts of the 2[Government] and the report of
the Comptroller and Auditor-General thereon, it shall be the duty of the
Committee to satisfy itself-
(a) that the
moneys shown in the accounts as having been disbursed were legally available
for, and applicable to, the service or purpose to which they have been applied
or charged;
(b)
that
the expenditure conforms to the authority which governs it; and
(c) that
every re-appropriation has been made in accordance with the provisions made in
this behalf under rules framed by competent authority.
(3)
It shall also be the duty of the
Committee-
(a) to examine the statement of
accounts showing the income and expenditure of state corporations, trading and
manufacturing schemes, concerns and projects together with the balance-sheets
and statements of profit and loss accounts which the President may have
required to be prepared or are prepared under the provisions of the statutory
rules regulating the financing of a particular corporation, trading or
manufacturing scheme or concern or project and the report of the Comptroller
and Auditor-General thereon;
(b) to examine the statement of
accounts showing the income and expenditure of autonomous and semi-autonomous
bodies, the audit of which may be conducted by the Comptroller and
Auditor-General of Bangladesh either under the directions of the President or
by a statute of Parliament; and
(c) to
consider the report of the Comptroller and Auditor-General in cases where the
President may have required him to conduct an audit of any receipts or to
examine the accounts of stores and stocks.
(4)
If any money has been spent on any
service during a financial year in excess of the amount granted by the House
for that purpose, the Committee shall examine with reference to the facts of
each case the circumstances leading to such an excess and make such
recommendation as it may deem fit.
234. Constitution of the Committee
The
Committee shall consist of not more than fifteen members who shall be appointed
by the House:
Provided
that a Minister shall not be appointed a member of the Committee, and that if a
member, after his appointment to the Committee, is appointed a Minister he
shall, cease to be a member of the Committee from the date of such appointment.
235. Functions of Committee on Estimates
There
shall be a Committee on Estimates for the examination of such of the Estimates
as may seem fit to the Committee or are specifically referred to it by the
House. The functions of the Committee shall be-
(a) to report what economies, improvements in organisation, efficiency or administrative reform,
consistent with the policy underlying the estimates, may be effected;
(b) to suggest alternative policies in order to bring about
efficiency and economy in administration;
(c) to examine whether the money is well laid out within the
limits of the policy implied in the estimates; and
(d)
to suggest
the form in which the estimates shall be presented to the House.
236. Constitution of the Committee
The
Committee shall consist of not more than ten members who shall be appointed by
the House from amongst to its members:
Provided
that a Minister shall not be appointed a member of the Committee, and that if a
member, after his appointment to the Committee, is appointed a Minister he
shall cease to be a member of the Committee from the date of such appointment.
237. Examinations of Estimates by Committee
The
Committee may continue the examination of the estimates from time to time
throughout the financial year and report to the House as its examination
proceeds. It shall not be incumbent on the Committee to examine the entire
estimates of any one year. The demands for grants may be finally voted
notwithstanding the fact that the Committee has made no report.
(H) Committee on Public
Undertakings.
238. Functions of Committee on Public Undertakings
There
shall be a Committee on Public Undertakings for the examination of the working
of the public undertakings specified in Schedule IV. The functions of the
Committee shall be-
(a) to examine the reports and accounts of the public
undertakings specified in the Schedule IV;
(b) to examine the reports, if any, of the Comptroller and
Auditor-General on the public undertakings;
(c) to
examine, in the context of the autonomy any deficiency of the public
undertakings, whether the affairs of the public undertakings are being managed
in accordance with sound business principles and prudent commercial practices;
[the Committee shall report to Parliament on remedy of irregularities and
lapses of the public undertaking and recommend measures to free the institution
from corruption and, if considered necessary, a part of its report in this
respect may be sent to the Government before the report is placed before
Parliament;] and
(d) to exercise such other functions vested in the Committee on
Public Accounts and the Committee on Estimates in relation to the public
undertakings specified in the Schedule IV as are not covered by clauses (a),
(b) and (c) above and as may be allotted to the Committee by the Speaker from
time to time:
Provided
that the Committee shall not examine and investigate any of the following,
namely:-
(i) matters of major Government policy as distinct from business
or commercial functions of the public undertakings;
(ii) matters of day-to-day administration; and
(iii) matters for the
consideration of which machinery is established by any special statute under
which a particular public undertaking is established.
239. Constitution of the Committee
The
Committee shall consist of not more than ten members who shall be elected by
the House:
Provided
that a Minister shall not be elected a member of the Committee, and that if a
member, after his election to the Committee, is appointed a Minister he shall
cease to be member of the committee from the date of such appointment.
[ * * * * * * * ]
(I) Standing Committee of Privileges
240. Constitution of Committee of Privileges
[At
its first session] [the] Parliament shall appoint a
Committee of Privileges consisting of not more than ten members.
241. Examination of question by Committee
(1) The Committee shall examine every question
referred to it and determine with reference to the facts of each case whether a
breach of privilege is involved and, if so, the nature of the breach, the
circumstances leading to it and make such recommendations as it may deem fit.
(2) The report may also state the procedure to
be followed by the House in giving effect to the recommendations made by the
Committee.
After
the report has been presented, the Chairman or any member of the Committee or
any other member may move that the report be taken into consideration whereupon
the Speaker may put the question to the House.
243. Priority for consideration of report of the
Committee
A
motion that the report of the Committee be taken into consideration shall be
accorded the priority assigned to a matter of privilege under rule 167 unless
there has been undue delay in bringing it forward:
Provided
that when a date has already been fixed for the consideration for the report,
it shall be given priority as a matter of privilege on the day so appointed.
(J) Committee on Government Assurances
244. Functions of Committee on Government
Assurances
There
shall be a Committee on Government Assurances to scrutinize the assurances,
promises, undertakings, etc., given by a Minister, from time to time, on the
floor of the House and to report on-
(a) the extent to which such assurances, promises, undertakings,
etc. have been implemented; and
(b) where implemented, whether such implementation has taken
place within the minimum time necessary for the purpose.
245. Constitution of the Committee
The
Committee shall consist of not more than eight members who shall be appointed
by the House.
(K) Standing Committees on
certain other subjects
[246. Appointment
of Committees on certain other subjects
Each
new Parliament shall, within its third session, appoint the Standing Committees
on each Ministries which may, subject to the Constitution and to any other
law,-
(a) examine draft
Bills and other legislative proposals;
(b) review the
enforcement of laws and propose measures for such enforcement; and
(c) examine any other
matter referred to them by Parliament under Article 76 of the Constitution.]
[247. Constitution
of the Committee
(1)
Every Standing Committee, as referred
to in Rule 246, shall consist of not more than ten members including the
Chairman.
(2) Members including the Chairman shall be
appointed by the House:
Provided that a Minister shall not be the Chairman of the Committee.
(3) If a member, after being elected as
Chairman under Sub-Rule (2), is appointed as Minister, he shall cease to be the
Chairman of the Committee from the date of such appointment.
(4) the Minister
in-charge or if there is no Minister, the Minister of State or if there is no
Minister of State. Deputy Minister of a Ministry shall be the ex-officio member
of the Committee provided he is a member of
Parliament.
(5) Even if the Minister-in-charge or the
Minister of State or the Deputy Minister of a Ministry is not a member of Parliament, he may remain present in the meeting
of the Committee and take part in the proceedings but shall abstain from
voting.
(6) If there be no Minister in-Charge or
Minister of State or Deputy Minister of a Ministry, the Leader of the House
shall nominate a member of the Cabinet to the Standing Committee of such
Ministry and if he is a member of Parliament he shall be a member of the
Committee and if he is not a member of Parliament, he may remain present in the
meeting and take part in its proceedings but shall abstain from voting.]
Each
such Standing Committee shall meet at least once in a month and the functions
of a Committee shall be to examine any Bill or other matter referred to it by
Parliament, to review the works relating to a Ministry which falls within its
jurisdiction, to inquire into any activity or irregularity and serious
complaint in respect of the Ministry and to examine, if it deems fit, any such
other matter as may fall within its jurisdiction and to make recommendations.
Provided
that if for any reason the meeting of a Committee is not called in accordance
with these rules, the Speaker may direct the Secretary to call a meeting of
that Committee and the Secretary shall convene a meeting of the Committee at a
date, time and place fixed by the Speaker.]
249. Constitution of House Committee
(1)
There shall be a House Committee
consisting of not more than twelve members including the Chairman.
(2) The Committee shall be nominated by the
Speaker [* * * * *]. A member may be renominated by
the Speaker to the new House committee.
250. Functions of the Committee
(1) The functions of the House Committee shall
be –
(i) to deal with all questions relating to residential
accommodation for members of Parliament; and
(ii) to
exercise supervision over facilities for accommodation, food, medical aid and
other amenities accorded to members in M.P. House in Dacca.
(2) The functions of the Committee shall be
advisory.
251. Accommodation Sub-Committee
(1) There shall also be an Accommodation
Sub-Committee consisting of not more than four members including the Chairman
of the House Committee who shall be the ex-officio Chairman of the
Sub-Committee.
(2) The members of the Sub-Committee shall be
nominated by the Chairman of the House Committee from amongst the members of
the House Committee.
(3) The quorum to constitute a sitting of the
Sub-Committee shall be two.
(4) The function of the Sub-Committee shall be
to advise on the allotment of residential accommodation to members.
252. Power to appoint Sub-Committee
(1) The Committee may appoint one or more
Sub-Committees, each having the powers of the undivided committee, to examine
any special points relating to residential accommodation, food, medical aid and
other amenities in M.P. Houses and the reports of such Sub-Committees shall be
deemed to be the reports of the whole committee, if they are approved at a
sitting of the whole Committee.
(2) The order of reference to a Sub-Committee
shall clearly state the point or points for investigation. The report of the
Sub-Committee shall be considered by the whole Committee.
253. Secretariat for Committee
The
Secretariat for the House Committee or its Sub-Committees shall be provided by
the Parliament Secretariat. An Officer of the Parliament Secretariat nominated
in this behalf by the Secretary of the Parliament shall be the Secretary to the
House Committee and the Accommodation Sub-Committee.
254. Record of proceedings and Minutes of
Committee
(1)
A record of the proceedings of the
sittings of the House Committee and the Accommodation Sub-Committee shall be
maintained.
(2)
The draft minutes shall be prepared by
the Secretary to the Committee and approved by the Chairman.
(3)
The minutes of each sitting shall be
circulated to members of the Committee or the Sub-Committee, as the case may
be. Relevant extracts therefrom may be forwarded to
appropriate authorities for necessary action.
255. Appeal against decision of Committee or
Sub-Committee
An
appeal against the decision of the House Committee or Accommodation
Sub-Committee shall lie to the Speaker whose decision shall be final.
256. Provisions applicable in other respects
In
other respects, the general rules applicable to [other Committees] shall apply
with such adaptations, whether by way of modification, addition or omission, as
the Speaker may consider necessary or convenient.
257. Constitution of Library Committee
(1) There shall be a Library Committee
consisting of the Deputy Speaker and nine other members from the Parliament
nominated by the Speaker.
[(2) * * * * * * *]
(3) The Deputy Speaker shall be the ex-officio
Chairman of the Committee
(4) Casual vacancies in the Committee shall be
filled by nomination by the Speaker from the members of the Parliament.
258. Functions of the Committee
The
functions of the Committee shall be –
(a) to consider and advise on such matters concerning the
Library as may be referred to it by the Speaker from time to time;
(b)
to consider
suggestions for the improvement of the Library; and
(c) to assist members of Parliament in fully utilising
the services provided by the Library.
[ * * * * ]
262. Provisions applicable in other respects
In
other respects, the general rules applicable to other Committees [***] shall
apply with such adaptations, whether by way of modification, addition or
omission, as the Speaker may consider necessary or convenient.
(N) Standing Committee on Rules of Procedure
263. Functions of Rules Committee
There
shall be a Committee on Rules of Procedure to consider matters of procedure and
conduct of business in the House and to recommend any amendments [by way of
addition, alteration, substitution or repeal] to these rules that may be deemed
necessary.
264. Constitution of the Committee
The
Committee on Rules of Procedure shall be appointed by the House and shall
consist of twelve members including the Chairman [**]. The Speaker shall be the
ex-officio Chairman. 73[***].
265. Laying of report on the Table
(1)
The recommendations of the Committee shall be laid on the Table and within a
period of seven days, beginning with the day on which they are so laid, any
member may give notice of any amendment to such recommendation.
(2)
The House shall consider the Report of
the Committee and amendments, if any, proposed thereto and the Rules shall
stand amended [accordingly] after the same has been adopted by the House.
(3) The amendments or additions to the rules
shall come into force on their adoption by the House and shall be notified in
the official Gazette.
266. Composition and Functions
The
Parliament may, by motion, appoint a Special Committee which shall have such
composition and function as may be specified in the motion.
Rules to be observed by
members
267. Rules to be observed by members while present
in the House
Whilst
the House in sitting a member-
i.
shall show sign of regards to the Chair while entering or
leaving the House, and also when taking or leaving his seat;
ii.
shall not interrupt any member while speaking by disorderly
expression or noises or in any other disorderly manner;
iii.
shall not read any book, newspaper or letter except in
connection with the business of the House;
iv.
shall not pass between the Chair and any member who is
speaking;
v.
shall not leave the House when the Speaker is addressing the
House;
vi.
shall always address the Chair;
vii.
shall keep to his usual seat while addressing the House;
viii. shall maintain silence when not speaking in the House;
ix. shall not
obstruct proceedings, or interrupt and shall avoid making running commentaries
when speeches are being made in the House;
x. shall not
applaud when a stranger enters any of the Galleries, or the Special Box; and
xi.
shall not while
speaking make any reference to the strangers in any of the Galleries.
268. Member to speak when called by Speaker
When
a member rises to speak, his name shall be called by the Speaker. If more members than one rise at the same time, the member whose
name is so called shall be entitled to speak. The Speaker shall, as far
as possible, call the member to speak who catches his eyes first.
A
member desiring to make any observations on any matter before the House shall
speak from his place, shall rise when he speaks and shall address the Speaker:
Provided
that a member disabled by sickness or infirmity may be permitted to speak
sitting.
270. Rules to be observed while speaking
A
member while speaking shall not-
(i) refer to any matter which is sub judice in a court of law in any part of Bangladesh;
(ii) make a personal charge against a member, Minister or the
holder of a public office except in so far as it may be strictly necessary in
regard to the subject-matter before the House;
(iii) make any remark which reflects upon the personal conduct of
the President or a Judge of the Supreme Court unless the discussion is based on
a substantive motion drawn in proper terms;
(iv) reflect on any
determination of the House except on a motion for rescinding it;
(v) use offensive expressions about the conduct or proceedings
of Parliament;
(vi) use any offensive, abusive, vulgar expressions;
(vii) utter treasonable,
seditious or defamatory words;
(viii) use his right of speaking for the purpose
of wilfully obstructing the business of the House;
and
(ix) shall not refer to another member discourteously in a debate
nor shall he be permitted to use expressions which are unparliamentary
in nature.
271. Procedure regarding allegation against a
person
No
allegation of a defamatory or incriminatory nature shall be made by a member
against any person unless the member has given previous intimation to the
Speaker and also to the Minister concerned so that the Minister may be able to
make an investigation into the matter for the purpose of a reply:
Provided
that the Speaker may at any time prohibit any member from making any such
allegation if he is of opinion that such allegation is derogatory to the
dignity of the House or that no public interest is served by making such
allegation.
272. Questions to be asked through Speaker
When,
for the purposes of explanation during discussion or for any other sufficient
reason, any member has occasion to ask a question of another member on any
matter then under the consideration of the House, he shall ask the question
through the Speaker.
273. Irrelevance or repetition
The
Speaker, after having called the attention of the House to the conduct of a
member who persists in irrelevance or in tedious repetition either of his own
arguments or of the arguments used by other members in debate, may direct him
to discontinue his speech, and the member shall thereupon resume his seat.
A
member may, with the permission of the Speaker, make a personal explanation
although there is no question before the House, but in this case no debatable
matter may be brought forward and no debate shall arise.
275. Member not to speak after question is put
No
member shall speak on any question after it has been put to the House by the
Speaker.
The
Speaker may himself, or on a point being raised or on a request made by a
member, address the House at any time on a matter under consideration in the
House with a view to aid members in their deliberations, and such expression of
views shall not be taken to be in the nature of a decision.
277. Procedure when Speaker rises
(1)
Whenever the Speaker rises he shall be
heard in silence and any member who is then speaking or offering to speak shall
immediately resume his seat.
(2)
No member shall leave his seat while
the Speaker is addressing the House.
(1)
Every notice required by these Rules shall be given in writing addressed to the
Secretary, and signed by the member giving notice, and shall be left at the
Notice Office which shall be kept open for this purpose on everyday,
except [Friday] or a public holiday, between such hours as may be appointed
from time to time.
(2) Notices left at the Notice Office after the
hours appointed under sub-rule (1) [* * *], shall be treated as given on the
next open day.
279. Circulation of notices and papers to members
(1) The Secretary shall, if notice is given in
time, circulate to each member a copy of every notice or other paper which is
required by these Rules to be made available for the use of members.
(2)
A notice or other paper shall be
deemed to have been made available for the use of every member if a copy
thereof is deposited in such manner and in such place as the Speaker may, from
time to time, direct.
280. Publicity of notices in advance
A
notice shall not be given publicity by any member or other person until it has
been admitted by the Speaker and circulated to members:
Provided
that a notice of a question shall not be given any publicity until the question
is answered in the House.
281. Speaker to amend notices of questions and motions, etc.
If,
in the opinion of the Speaker, any notice contains words, phrases or
expressions which are argumentative, unparliamentary,
ironical, irrelevant, verbose, or otherwise inappropriate, he may, in his
discretion, amend such notice before it is circulated.
(1)
Except as otherwise provided by these
Rules, no motion shall raise a question substantially identical with one on
which the House has given a decision in the same session.
(2)
This rule shall not be deemed to
prevent the making of any of the following motions, namely:-
(a) a motion for the taking into consideration of, or the reference
to a Select Committee of a Bill, where an amendment has been carried to a
previous motion of the same kind to the effect that the Bill be circulated or
re-circulated for the purpose of eliciting opinion thereon;
(b) a motion for the amendment of a Bill which has been recommitted
to a Select Committee or re-circulated for the purpose of eliciting opinion
thereon;
(c) a motion for the amendment of a Bill
returned by the President or re-consideration by the Parliament; or
(d) a motion for the amendment or a Bill
which is consequential or is designed merely to alter the drafting of another
amendment which has been carried.
283. Adjournment of debate on motion and dilatory
motion in abuse of the rules of House
At
any time after a motion has been made, a member may move that the debate of the
motion be adjourned and if the Speaker is of opinion that the motion for the
adjournment of a debate is an abuse of these rules, he may either forthwith put
the question thereon or decline to do so.
No
member shall anticipate the discussion of any subject of which notice has been
given provided that in determining whether a discussion is out or order on the
ground of anticipation the Speaker shall have regard to the probability of the
matter anticipated being brought before the House within a reasonable time.
(1)
An amendment shall be relevant to, and
within the scope of, the motion to which it is proposed.
(2)
An amendment shall not be moved which
has merely the effect of a negative vote.
(3)
An amendment on a question shall not
be inconsistent with a previous decision on the same question.
The
Speaker shall have power to select the amendments to be proposed in respect of
any motion, and may, if he thinks fit, call upon any
member who has given notice of an amendment to give such explanation of the
object of the amendment as may enable him to form a judgement
upon it.
The
Speaker may put amendments in such order as he may think fit:
Provided
that the Speaker may refuse to put an amendment which in his
opinion is frivolous.
Order of speeches and right
of reply
288. Order of speeches and right of reply
(1)
After the member who moves a motion
has spoken, other members may speak on the motion in such order as the Speaker
may call upon them. If any member who is so called upon does not speak, he
shall not be entitled, except with the permission or the Speaker, to speak on
the motion at any later stage of the debate.
(2)
Except in the exercise of right of
reply or as otherwise provided by the rules, no member shall speak more than
once on any motion, except with the permission of the Speaker.
(3)
A member who has moved a motion may
speak again by way of reply, and if the motion is moved. by
a private member, the Minister concerned may, with the permission of the
Speaker speak (whether he has previously spoken in the debate or not) after the
mover has replied:
Provided
that nothing in this sub-rule shall be deemed to give any right of reply to the
mover of an amendment to a Bill or a resolution save with the permission of the
Speaker.
289. Mover’s reply concludes debate
Subject
to the provisions of sub-rule (3) of rule 288 the reply of the mover of the
original motion shall in all cases conclude the debate.
(1)
At any time after a motion has been
made, any member may move: "That the question be now put", and,
unless it appears to the Speaker that the motion is an abuse of these rules or
an infringement of the right of reasonable debate, the Speaker shall then put
the motion "That the question be now put".
(2)
Where the motion "That the
question be now put" has been carried, the question or questions
consequent thereon shall be put forthwith without further debate.
(1)
Whenever the debate on any motion in
connection with a Bill or on any other motion becomes unduly protracted, the
Speaker may, after taking the sense of the House, fix a time limit for the
conclusion of discussion on any stage of the Bill or the motion, as the case
may be.
(2)
At the appointed hour, in accordance
with the time limit fixed for the completion of a particular stage of a Bill or
a motion, the Speaker shall, unless the debate is sooner concluded, forthwith
put every question necessary to dispose of all the outstanding matters in
connection with the stage of the Bill or the motion.
292. Procedure for obtaining decision of House
A
matter requiring the decision of the House shall be decided by means of a
question put by the Speaker on a motion made by a member.
293. Proposal and putting of question
When
a motion has been made, the Speaker shall propose the question for
consideration, and put it for the decision of the House. If a motion embodies
two or more separate propositions, those propositions may be proposed by the
Speaker as separate questions.
294. No speech after voices collected
A
member shall not speak on a question after the Speaker has collected the voices
both of the Ayes and of the Noes on that question.
Votes
of Members on a question put up to the House by the Speaker may be taken by
voice, electrical device or by division, as the Speaker may decide in the
circumstances of each case.]
(1)
Except as otherwise provided the votes
of members on the question put by the Speaker may be taken by voice in the
first instance. On the conclusion of a debate, the Speaker shall put the
question and invite those who are in favour of the
motion to say "Aye" and those against the motion to say
"No".
(2)
The Speaker shall then say: "I
think the Ayes (or the Noes, as the case may be) have
it". If the opinion of the Speaker as to the decision of a question is not
challenged, he shall say twice: "The Ayes (or the Noes,
as the case may be) have it" and the question before the House shall be
determined accordingly.
(3) (a) If
the opinion of the Speaker as to the decision of a question is challenged he
shall utter the word "Division" and order that Lobbies be cleared and
the division bells be rung for two minutes to enable members not present in the
Chamber to return to their places.
(b) Immediately after the bells stop ringing all
the entrances to the Member's Lobbies will be locked and watch and ward staff
posted at each gate will have standing instruction not to allow any entry
through these gates until the division has concluded. Then the Speaker shall
put the question a second time and declare whether in his opinion
"Ayes" or "Noes" have it.
(c) If the opinion so declared is again
challenged, he shall direct that votes be recorded [either by operating the
automatic vote recorder or by the members going into the Lobbies]:
Provided
that if in the opinion of the Speaker the division is unnecessarily claimed, he
may ask the members who are for "Aye" and those for "No"
respectively to rise in their places and, on a count being taken, he may
declare the determination of the House. In such a case, names of the voters
shall not be recorded.
[296A. Division by automatic
vote recorder.
(1)
Where the Speaker directs under clause
(c) of sub-rule (3) of rule 296 that the votes shall be recorded by operating
the automatic vote recorder, it shall be put into operation and the members
will cast their votes from their seats respectively allotted to them by
pressing the buttons provided for the purpose.
(2)
After the result of the voting appears
on the indicator board, the result of the division shall be announced by the
Speaker and it shall not be challenged.
(3)
A member who is not able to cast his
vote by pressing the button provided for the purpose due to any reason
considered sufficient by the Speaker, may with the
permission of the Speaker, have his vote recorded verbally by stating whether
he is in favour or against the motion, before the
result of the division is announced.
(4)
If a member finds that he has voted by
mistake by pressing the wrong button, he may be allowed to correct his mistake,
provided he brings it to the notice of the Speaker before the result of the
division is announced.]
[296B. Division by
going into the Lobbies
(1)
Where the Speaker directs under clause
(c) of sub-rule (3) of Rule 296 that the votes shall be recorded by the members
going into Lobbies, he shall direct the "Ayes" to go into the right
Lobby and the "Noes" into the left Lobby.
(2)
According as they wish to vote,
members will then proceed to the "Ayes" or the "Noes" Lobby and pass in single file before the tellers
appointed by the Speaker. On reaching the desk of the tellers, each member
will, in turn, call out the division number which will be previously allotted
to him for this purpose. The tellers will then mark off this number on the
division list simultaneously calling out the name of the member. In order to
ensure that his vote has been properly recorded, the member should not move off
until he has clearly heard the teller thus call out his name. The division
number allotted to each member will be marked on the seat-card of each member.
(3)
After voting in the Lobbies is
completed, the tellers shall bring the division lists to the Table when the
votes shall be counted by the officers at the Table and the totals of
"Ayes" and "Noes" presented to
the Speaker.
(4)
The result of the division shall be
announced by the Speaker and it shall not be challenged. If the members voting
for "Ayes" and "Noes" are equal,
the question will be decided by the casting vote of the Speaker.
(5)
A member who is unable to go to the
Division Lobby owing to sickness or infirmity may, with the permission of the Speaker,
have his vote recorded either at his seat or in the Lobby before the result of
the division is announced.
(6)
If a member finds that he has voted by
mistake in the wrong Lobby, he may be allowed to correct his mistake, provided
he brings it to the notice of the Speaker before the result of the Division is
announced.]
Papers quoted to be laid on
the Table
297. Papers quoted to be laid on the Table
If
a Minister quotes in the House a despatch or other
State paper which has not been presented to the House, he shall lay the
relevant paper on the Table:
Provided
that this rule shall not apply to any documents which are stated by the
Minister to be of such a nature that their production would not be in the
public interest:
Provided
further that where a Minister gives in his own words a summary or gist of such despatch or State paper it shall not be necessary to lay
the relevant papers on the Table.
298. Treatment of papers laid on the Table.
(1)
A paper or document to be laid on the
Table shall be duly authenticated by the member presenting it.
(2)
All papers and documents laid on the
Table shall be considered public.
299. Procedure when a Minister discloses source of
advice or opinion given to him
If,
in answer to a question or during debate, a Minister discloses the advice or
opinion given to him by any officer of the Government or by any other person or
authority, he shall ordinarily lay the relevant document or parts of document
containing that opinion of advice, or a summary thereof on the Table.
300. Statement made by a Minister
A
statement may be made by a Minister on a matter of public importance with the
consent of the Speaker but no question shall be asked at the time the statement
is made.
301. Points of Order and decisions thereon
(1)
A point of order shall relate to the
interpretation or enforcement of these rules or such Articles of the
Constitution to regulate the business of the House and shall raise a question,
which is within the cognizance of the Speaker.
(2)
A point of order may be raised in
relation to the business before the House at the moment;
Provided
that the Speaker may permit a member to raise a point of order during the
interval between the termination or one item of business and the commencement
of another if it relates to maintenance of order in, or arrangement of business
before, the House.
(3)
Subject to conditions referred to in
sub-rules (1) and (2), a member may formulate a point of order and the Speaker
shall decide whether the point raised is a point of order and if so give his
decision thereon, which shall be final.
(4)
No debate shall be allowed on a point
of order, but the Speaker may, if he thinks fit, hear members before giving his
decision.
(5)
A point of order is not a point of
privilege.
(6)
A member shall not raise a point of
order-
a.
to ask for information; or
b.
to explain his position; or
c.
when a question on any motion is being put to the House; or
d.
which may be hypothetical; or
e.
that Division
Bells did not ring or were not heard.
302. Raising a matter which is not a point of
order
A
member who wishes to bring to the notice of the House any matter which is not a
point of order shall give notice to the Secretary in writing stating briefly
the point which he wishes to raise in the House together with reasons for
wishing to raise it, and he shall be permitted to raise it only after the
Speaker has given his consent and at such time and date as the Speaker may fix.
303. Speaker to preserve order and enforce
decisions
The
Speaker shall preserve order and shall have all powers necessary for the
purpose of enforcing his decisions.
If,
at any time during which Parliament is sitting, the attention of the Speaker is
drawn to the fact that the number of members present is less than sixty, he
shall adjourn or suspending the sitting cause the bell to be rung for five
minutes but if no quorum is available even when the bell stops ringing, he hall
adjourn the sitting.
(1)
The members shall address the House in
Bengali:
Provided
that the Speaker may permit any member who cannot adequately express himself in
Bengali to address the House in English.
(2)
The official records of the
proceedings of the House shall be kept in Bengali:
Provided
that any part or exerpts of the proceedings may be
kept in English if the Speaker deems it necessary.
306. Report of Proceedings of House
The
Secretary shall cause to be prepared a full report of the proceedings of the
House at each of its sittings and shall, as soon as practicable, publish it in
such form and manner as the Speaker may, from time to time, direct.
307. Expunction of words from debates
If
the Speaker is of opinion that words have been used in debate
which are defamatory or indecent or unparliamentary
or undignified, he may, in his discretion, order that such words be expunged
from the proceedings of the House.
308. Indication in printed debates of expunged
proceedings
The
portion of the proceedings or the House so expunged shall be marked by
asterisks and an explanatory footnote shall be inserted in the proceedings as
follows:
"Expunged as ordered
by the Chair".
Printing and Publication of Parliamentary Papers
309. Printing and Publication of Parliamentary
Papers
(1)
The Speaker may authorise
printing, publication, distribution or sale of any paper, document or report in
connection with the business of the House or any paper, document or report laid on the Table or presented to the House or a Committee
thereof.
(2)
A paper, document or report printed,
published, distributed or sold in pursuance of sub-rule (1) shall be deemed to
have been printed, published, distributed or sold under the authority of the
House within the meaning of clause (4) of Article 78 of the Constitution.
The Secretary shall have custody of all records,
documents and papers belonging to the House or any of its Committee or the
Parliament Secretariat and he shall not permit any such record, documents or
papers to be taken from the [Parliament] without the permission of the Speaker .
311. Restriction on use Chamber of House
The
Chamber of the House shall not be used for any purpose other than the sittings
of the House.
The
admission of strangers during the sitting of the House to those portions of the
House which are not reserved for the exclusive use of members shall be
regulated in accordance with orders made by the Speaker.
The
Speaker may, whenever he thinks fit order the withdrawal of strangers from any
part of the House.
314. Removal and taking into custody of strangers
An
officer of the Secretariat authorised in this
behalf by the Speaker shall remove from the precincts of the House or take into
custody, any stranger whom he may see, or who may be reported to him to be, in
any portion of the precincts of the House which is reserved for the exclusive
use of members, and also any stranger who, having been admitted into any
portion of the precincts of the House, misconducts himself or wilfully infringes the regulations made by the Speaker
under rule 312 or does not withdraw when the strangers are directed to withdraw
under rule 313 while the House is sitting.
Whenever
any inconsistency or difficulty arises in the application of these rules any
member may, with the consent of the Speaker, move that any rule may be
suspended in its application to a particular motion before the House, and if
the motion is carried the rule in question shall stand suspended