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MANUAL OF PARLIAMENTARY PROCEDURES IN THE GOVERNMENT OF INDIA MINISTRY OF PARLIAMENTARY AFFAIRS JULY, 2019 Preface to the Fourth Edition The Third edition of the Manual of Parliamentary Procedures in the Government of India was brought out in 2004. In order to update the manual again, suggestions were invited from all Ministries/Departments and both the Secretariats of Parliament. Based on these suggestions and also the changes taken place over a period of time in Parliamentary procedures, the Manual has now been revised. For instance, Ministry of Civil Aviation pointed out that Ministries/Departments are required to consult twice the Ministry of Law & Justice (Legislative Department) for framing up rules etc. and this double consultation is resulting in delay. The Cabinet Secretariat also advised that the Manual may be suitably amended by the Ministry of Parliamentary Affairs. Accordingly provisions of para 11.2 of Chapter II has been revised. The time of raising matters of urgent public importance in the Rajya Sabha has been changed from 12 noon to 11 am. This has been reflected in para 15.9 of Chapter 15. As a part of Digital India initiative, Ministry of Parliamentary Affairs has rolled out OAMS (Online Assurances Monitoring System) to monitor the Government Assurances. This has also been suitably explained in the new Manual. All Ministries/Departments are expected to use this online system hereafter. The preparation of this Manual in fact took long time than expected, spreading over several months on account of pressure of work during the Parliament Sessions. I would like to place on record my deep appreciation of the efforts taken by Dr. Satya Prakash, Joint Secretary in updating this Manual. He took pains to go through the entire manuscript and offered valuable suggestions. I also appreciate the efforts of Shri A.K. Jha, Under Secretary who examined all aspects of the revision in detail and made possible this Manual under the guidance of Shri A. Manoharan, Director. I am also thankful to Smt. Suman Bara, Deputy Secretary and Shri S.S. Patra, Under Secretary and other Officers for their contribution in compiling this manual. I also acknowledge the service of Shri Parvinder Khatri, Junior Secretariat Assistant in typing out the manuscript. I am sure this Manual will be of great help to various Ministries/Departments of the Government of India. Suggestions for improvement of the contents of the Manual are always welcome. (Surendranath Tripathi) Secretary Ministry of Parliamentary Affairs Government of India New Delhi. April, 2018 Preface to the Third Edition 1. The first edition of the “Manual for Handling Parliamentary Work in Ministries” was brought out by the then Department of Personnel and Administrative Reforms in July 1973. Subsequently, in 1976, on the request of that department the work relating to the manual was transferred to the Ministry of Parliamentary Affairs. Keeping in view the various changes that had taken place in the Parliamentary Procedure and Practices, the manual was revised in consultation with the concerned Ministries and the second edition of the manual was brought out by the Ministry of Parliamentary Affairs in 1989. 2. Over the period, there have been significant changes in the parliamentary procedures, legislative processes, role of the departmentally-related Standing Committees of Parliament, constituted for the first time in 1993, in examining the Demands for Grants, Bills, annual reports of the ministries/departments and long- term policy documents presented to the Houses. Corresponding to Rule 377 in the Rules of Procedure and Conduct of Business in Lok Sabha, Rules 180 A-E were inserted in the Rules of Procedure and Conduct of Business in the Rajya Sabha to provide for raising of matters of urgent public importance by the members (Special Mentions) in the Rajya Sabha. Urgent matters of general public importance have also since been allowed to be raised in Zero Hour in Rajya Sabha/Lok Sabha, with the permission of the Presiding Officers. 3. In view of the above, the manual has been again reviewed and revised in consultation with the concerned Ministries. A new Chapter XIV has been added in regard to nomination of members of Parliament on committees, councils, boards and commissions etc., set up by the Government. A bibliography of additional reading material has also been provided at the end. It is also proposed to make it available in CD format. A copy of it will also be placed on the website (http://www. mpa.nic.in ) of Ministry of Parliamentary Affairs. 4. It is hoped that this manual will be of immense use to various departments of the Government of India. 5. Although every care has been taken to make the manual as complete, accurate and useful as possible, there is, nevertheless, always scope for further improvement. Suggestions for improvement/corrections of errors which might have crept into the manual, would be welcome. V.K. AGNIHOTRI Secretary, Ministry of Parliamentary Affairs New Delhi June, 2004 Preface to the First Edition 1. The earlier editions of the Manual of Office Procedure contained only a chapter devoted to procedures relating to questions, legislation, resolutions and other motions in Parliament. When the above manual was reviewed during 1971- 72 it was felt that this important subject needed treatment in depth in a separate manual, which would also bring at one place the various instructions relating to parliamentary work, which are at present dispersed in a number of publications and circulars. The relevant chapter and the connected appendix were accordingly omitted from the latest edition of the Manual of Office Procedure and work taken in hand to compile a separate manual for handling parliamentary work in Ministries. 2. The draft of this manual was initially prepared in this department under the guidance of a working group consisting of officers from the Department of Parliamentary Affairs, the Ministry of Law and Justice and some other departments. The draft was circulated to all ministries and the manual was finalised by the working group after taking into account their comments. 3. Every care has been taken to make the manual as complete, accurate and useful as possible. However, suggestions for improvement and correction of inadvertent errors which might have crept into it, would be gratefully received and carefully considered. M. GOPAL MENON Additional Secretary and Director O & M Department of Personnel and Administrative Reforms (Administrative Reforms) New Delhi 4th July, 1973 Contents Messages iii Preface to the Fourth Edition ix Preface to the Third Edition x Preface to the First Edition xi Abbreviations xvi 1 Introduction 1 2 General Instructions 4 3 Questions 10 4 Laying of Papers on the Table of the House 24 5 Motions, Official Statements, Short Duration Discussions & 29 Resolutions 6 President’s Address 36 7 Budget 38 8 Assurances 45 9 Legislation 50 10 Legislation in respect of States under the President’s Rule 71 11 Subordinate Legislation 75 12 Committees of Parliament 86 13 Consultative Committees 105 14 Nomination of Members of Parliament on Committees, 108 Councils, Boards, Commissions, etc., set up by the Government 15 Matters raised in the Lok Sabha under Rule 377, in the 113 Rajya Sabha under Rule 180 A-E and in ‘Zero Hour’ 16 Miscellaneous 116 17. Constitutional Provisions relating to Parliament 123 18. Important Activities of Ministry of Parliamentary Affairs 142 Annexes 1. Proforma for intimation of legislative and other proposals 149 by Ministries/Departments 2. Type of information which the annual report of a Ministry/ 151 Department may contain xiv Contents 3. Standard list of expressions constituting assurances 153 4. Register of assurances given in Parliament (To be 156 maintained by the Parliament (Unit) 5. Register of assurances given in Parliament (To be 157 maintained by the section concerned) 6. Proforma for communicating fulfillment of assurances 158 7. Form in which the recommendation/ previous sanction of 159 the President has to be communicated by the Minister in- charge 8. Proforma indicating the Constitutional and procedural 160 requirements to be taken note of while processing a Bill 9. Motion for introduction of a Bill 162 10. Memorandum for exemption from Direction 19A /19B 163 11. Motion for consideration and passing of a Bill 164 12. Motion for referring a Bill to a Select Committee 165 13. Motion for referring a Bill to a Joint Committee of the 166 Houses 14. Motion for circulation of a Bill for eliciting public opinion 167 15. Motion for withdrawal of a Bill in the House in which it has 168 been introduced 16. Motion for withdrawal of a Bill passed by one House and pending in the other House: (a) Preliminary motion in the House where the Bill is 169 pending (b) Concurrence motion in the House where the Bill was 170 passed (c) Final withdrawal motion in the other House where the 171 Bill is pending 17. Motion for concurrence in the recommendation for 172 reference of a Bill to a Joint Committee 18. Motion for leave to move amendments to a Bill referred to a 173 Select /Joint Committee 19. Motion for leave to move amendments to Bill in the House 174 20. Motion regarding consideration and passing/return of a Bill 175 passed in one House and pending in the other House Contents xv 21. Specimen form for communicating revised Financial 176 Memorandum and/or Memorandum regarding Delegated Legislation 22. Motion for consideration and approval of a statutory rule, 177 regulation, bye-law etc. 23. Standing Committees of Parliament (a) Constitution, composition and term 178 (b) Ministries/Departments under jurisdiction of the 182 Standing Committees 24. Form for seeking nomination of Members of Parliament on 185 Committees, Councils, Boards, Commissions etc. set up by the Government 25.