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CHAPTER II - SUMMONING AND PROROGATION OF THE ASSEMBLY AND SEATING OATH AND ROLL OF MEMBERS

CHAPTER II

SUMMONING, PROROGATION, QUORUM,

OATH, ROLL OF MEMBERS AND SEATING

 

3.      SUMMONING OF THE ASSEMBLY:–

(1)        When the Assembly is summoned, the Secretary shall cause a notification to be published in the Gazette stating the date, time and place of the sitting and shall, as far as practicable, also cause it to be issued to each member.

(2)      When the period between the summoning of the Assembly and the date of the notification on which it is required to meet is of less than seventy two hours, the Secretary shall also cause the particulars referred to in sub-rule (1) to be announced over the Radio, Television and through the Press and also inform each member through any other source of communication:

                        Provided that when a session is called at short notice or in an emergency within seventy two hours, the date, time and place of session shall be published in the Gazette and also announced on the Radio, Television and through Press and the Members shall be informed by urgent mail including any other source of communication instead of normal notices.


4.      PROROGATION OF THE ASSEMBLY:–

When the Assembly is prorogued, the Secretary shall cause a notification to that effect to be published in the Gazette.


5.     QUORUM:–

(1)        If at any time during a sitting of the Assembly, the attention of the Speaker is drawn to the fact that members less than one-fourth of the total membership of the Assembly are present, he shall suspend the sitting and shall order the bells to be rung for five minutes and if after the said period there is still no quorum, he shall adjourn the Assembly for fifteen to thirty minutes.

            (2)       If, on a fresh count being taken after the expiry of the said period, it is still found that there is no quorum, the Speaker shall adjourn the Assembly till the next working day or sine die, as the situation may require:

Provided that if an evening sitting has already been fixed for the transaction of Government business, the Assembly may be adjourned till the time of the evening sitting.


6.      OATH OF MEMBERS:–

(1)     At the first sitting of the Assembly after a general election, the persons elected to the Assembly, who are present shall make, before the Assembly, the oath set out in the Third Schedule to the Constitution.

           (2)    The sitting held under sub-rule (1) shall be presided over by the outgoing Speaker or, in his absence, by such a person as may be nominated by the Governor.

            (3)      If the person nominated under sub-rule (2) is a member-elect of the Assembly, he will make oath under sub-rule (l) before other persons elected to the Assembly do so.

           (4)     A person elected to the Assembly, who has not already made the oath under the provisions of sub-rule (1), may do so before the Assembly at any time, subject to the prior intimation to the Speaker or to the Secretary.

           (5)      If a Member without a reasonable cause fails to make oath within twenty one days of the first sitting of the Assembly, his seat shall, under clause (3) of Article 273 of the Constitution, become vacant and the expiration of that period and the Secretary shall cause a notification to that effect to be published in the Gazette and forward its copy to the Chief Election Commissioner.


7.      ROLL OF MEMBERS:–

        There shall be a Roll of Members which shall be signed in the presence of the Secretary by every member after making the oath.


8.      SEATING OF MEMBERS:–

(1)        The members shall sit in the House in such order as the Speaker may determine.

(2)        A Minister who is not a member of the Assembly and has been appointed as Minister under clause (9) of Article 130 of the Constitution shall have the right to sit in the Assembly, speak and otherwise take part in the proceedings of the Assembly or any of its Committees but he shall not be entitled to vote.

(3)         Before the election of the Speaker, the order shall be determined by the outgoing Speaker or, in his absence, by the Secretary.