HAND BOOK for MEMBERS (For Members Only)
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HARYANA VIDHAN SABHA HAND BOOK FOR MEMBERS (For Members only) Haryana Vidhan Sabha Secretariat Chandigarh 2019 (2) HARYANA VIDHAN SABHA HAND BOOK FOR MEMBERS (For Members only) Haryana Vidhan Sabha Secretariat Chandigarh 2019 PREFACE This ‘Handbook’ is intended to serve as a guide to the Members of the Vidhan Sabha, particularly the new Members. By no means should it be presumed that it is a substitute for the Rules of Procedure and Conduct of Business in the Haryana Vidhan Sabha (Haryana Legislative Assembly) of the Acts and Rules from which the material has been drawn for its composition. It is only intended to help Members in understanding in a general way what the Vidhan Sabha is and how it works. To get complete information they are advised to consult the Rules, Acts etc. 2. The information contained in this publication is not exhaustive. It cannot be quoted as an authority. For that purpose, Members are requested to cite and rely upon only the provisions of the Constitution, Rules of Procedure and Conduct of Business in the Haryana Vidhan Sabha, Acts and Rules, Directions/Rulings given by the Chair from time to time and established conventions and practices etc. 3. The reference to the Rules at various places in this publication, unless the context otherwise requires are references of the Rules in the Rules of Procedures and Conduct of Business in the Haryana Vidhan Sabha. 4. This ‘Handbook’ has been translated into Hindi and also published in this language. Chandigarh R.K.Nandal Dated, the 9 th October, 2019 Secretary. MEMBERS HANDBOOK CONTENTS Page 1. Composition and duration of the Assembly 1 2. Sessions of the Assembly 2 3. Oath of affirmation by Members and Roll of Members 1 4. Election of Speaker 3 5. Election of Deputy Speaker 3 6. Seating of Members 4 7. Quorum 4 8. Recognition of Opposition 4 9. Facilities to Leader of Opposition 4 10. Attendance Register 5 11. Vacation of Seats 6 12. Resignation of Seats 6 13. Sitting of the Assembly 7 14. Non-stop sitting 8 15. Panel of Chairpersons 8 16. Address by the Governor 9 17. Laying of Address on Table 9 18. Discussion on Address 10 19. Rules to be observed by Members in the House 10 20. Code of Conduct for Legislators 12 21. Periods of Notice 23 (i) Questions 23 (ii) Resolutions 24 (iii) Bills 24 (iv) Amendments to Resolutions/Bills/Demands 24 for Grants (Known as cut motions) (v) Substantive Motions 24 (vi) Adjournment Motions 24 (vii) Notice for raising half-an-hour discussion 25 (ii ) (viii) Calling attention to matters of urgent public 25 importance (ix) Short duration Discussion 25 (x) Resolution disapproving Ordinance 25 (xi) Amendment to regulation, bye-law etc. 25 (xii) Questions of Privilege 25 (xiii) No-confidence motions against a Minister/ 25 Ministry as a whole (xiv) Resolution for the removal of Speaker/ Dy. Speaker 25 22. Form of Notice 25 23. Some Parliamentary Terms 26 24. Supply of Assembly Papers to Members 30 25. Arrangement of Business 31 26. Questions– 34 Starred Questions 34 Unstarred Questions 34 Short Notice Questions 34 List of Questions 35 Postponed Questions 35 Written answers to Questions not replied orally 35 Admissibility of Questions 36 Whether limit is prescribed on number of notices 38 of Questions Identical Questions 39 Questions given notice of by more than one Member 39 Intimation to Member about his Questions 39 Conversion of Starred into Unstarred Questions 39 Withdrawal and postponement of Questions by the 39 Members Mode of asking Questions 39 Who may call a Question 40 (iii ) Placing of copies of answers to Starred and Short 40 notice Questions on the Table of the House 27. Bills— 40 Sources of Bills 40 Motion for Leave 41 Governor’s recommendation 41 Financial memorandum regarding delegated legislation 41 Previous publication of Bills 42 First Reading 42 Second Reading 43 Third Reading 43 28. Resolutions— 43 (a) Private Member’s Resolutions 43 Form of Resolution 44 Ballot 44 Numbered List 44 Notice of Ballot 45 Indication of Priorities 45 Intimation to Member about his Resolution 45 Transmission of Resolution to Government 45 (b) Official Resolutions 45 29. Financial Business— 46 General discussion on Budget 46 Demands for Grants 46 Guillotine 47 30. Appropriation Bill— 47 Discussion 47 Restrictions on discussion 47 31. Supplementary, Additional, Excess and Exceptional 48 Grants and Votes of Credit 32. Appropriation Bill reg. Supplementary Grants, etc. 48 (iv ) 33. Vote on Account– 48 Scope of Discussion 49 34. Appropriation Bill reg. ‘Vote-on-Account’ 49 35. Discussions– 49 Governor’s Address 50 Budget 50 Demands for Grants 50 Resolutions 50 Bills 50 Adjournment Motion 51 No-confidence motion in Ministry 52 Question of Privilege 52 Removal of Speaker/Deputy Speaker 53 Discussion of Policy, situation or statement etc. 54 Resolution disapproving Ordinance 54 Amendment of a regulation, rule, sub-rule, bye-law etc. 54 Half-an-hour discussion 54 Calling attention 55 Short duration discussion 55 36. Modes of decision by the House 56 37. Division 57 38. Miscellaneous- 57 Statement by Member resigning the Ministry 57 Personal Explanation 58 Statement by Minister 58 39. Committees– 58 I. Committees elected by the Vidhan Sabha 58 Public Accounts Committee, Estimates Committee, Public Undertakings Committee & Committee on the Welfare of Scheduled Castes, Scheduled Tribes and Backward Classes (v) Membership 59 Functions– 59 Public Accounts Committee 59 Committee on Estimates 59 Committee on Public Undertakings 60 Committee on the Welfare of Scheduled Castes, 63 Scheduled Tribes and Backward Classes Chairpersons 64 Examination by these Committees 64 Reports 65 II. Committees nominated by the Speaker 65 Committee on Government Assurances 67 Committee on Subordinate Legislation 67 Rules Committee 68 General Purposes Committee 68 Business Advisory Committee 68 Library Committee 69 House Committee 69 Committee on Petitions 69 Committee of Privileges 71 Committee on Local Bodies and Panchyati Raj Institutions 71 Subject Committee on Public Health, Irrigation, 71 Power and Public Works (B&R) Subject Committee on Food & Supplies 72 Subject Committee on Social Justice & Empowerment, 72 Women Development and Welfare of Scheduled Caste and Backward Classes. Subject Committee on Education, Technical Education, 73 Vocational Education, Medical Education and Health Services. General observations 74 (vi ) Reports of Committees 74 Proceedings 74 Attendance of persons 75 Venue of Meetings 75 III. Constitution of other Committees 75 IV. Committees appointed by Government 75 40. Daily Bulletins, Resume and Review 75 41. Speeches etc., delivered by the Members and Reports of 76 Debates and Committees 42. Library 76 43. Vidhan Bhawan 77 44. Galleries 77 45. Allowances payable to Members under the 78 Haryana Legislative Assembly (Allowances and Pension of Members) Act, 1975 and the rules framed under section 9 thereof. Compensatory Allowance 79 Salary 79 Constituency Allowance 79 Sumptuary Allowance 79 Office Allowance 80 Secretariat Allowance 80 Travelling Allowance 80 Incidental Allowance 81 Halting Allowance 82 Telephone Allowance 83 Free Travel facilities 83 Submission of claim by Members and mode of Payment 85 Medical Facilities 85 Allotment of Vehicles from surplus Defense stock 87 Gas connection facility 87 Steno-graphic facility 88 (vii ) Advances to Members 88 Recovery of Rent 89 46. Facilities to Ex-Members– 89 Pension 89 Free Travelling 91 Medical Reimbursement 91 47. Accommodation for Members at Chandigarh/ 92 Period of stay in the room of the Hostel Prohibition in the room 93 Flats, Servants’ Quarters and Motor Garages 93 48. Local Addresses 93 49. Identity Cards for Members/Ex-Members 93 50. Stationery 94 51. Post Office 94 52. (i) Commonwealth Parliamentary Association 94 (ii) Indian Parliamentary Association 94 (iii) Institute of Constitutional and Parliamentary Studies 94 53. Haryana Vidhan Sabha Secretariat 95 54. Location of Officers/ Branches 97 55. Appendix– 100 (I) Rules of the Haryana Branch of the Commonwealth 100 Parliamentary Association (II) Rules relating to the Indian Parliamentary 108 Association, Haryana State Legislative Assembly Group. (III)Rules of Business of the Regional Branch (Haryana) 112 of the Institutes of Constitutional and Parliamentary Studies. 1. Composition and duration of the Assembly The Haryana Vidhan Sabha consist of 90 Members elected from 90 Constituencies, 73 General and 17 Reserved, as contained in Schedule II to the Delimitation of Parliamentary and Assembly Constituencies Order, 1976. It is duly constituted upon the issue of a notification under section 73 of the Representation of the People Act, 1951. Unless sooner dissolved, the Assembly continues for the five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years operates as dissolution of the Assembly, as required under Article 172 (I) of the Constitution of India. 2. Sessions of the Assembly The Governor from time to time summons the Vidhan Sabha to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one Session and the date appointed for its first sitting in the next Session. When the Vidhan Sabha is summoned by Governor, summons are issued to each Member by name intimating to him the date, time and place appointed by the Governor for its meeting. If a Session is called at short notice or emergently, summons may not be issued to each Member separately but an announcement of the date and place of the Session may be made in the print media and they may be informed by telegram. Vidhan Sabha adjourns from time to time during a Session either by the operation of Rules or by its own order. But if a Session is intended to be terminated, it is done by means of prorogation, the order for the purpose being given by the Governor.