CHAPTER IX - PRIVILEGE
CHAPTER IX
PRIVILEGE
PRIVILEGE
58. A Member may, with the consent of the Speaker, raise a question involving a breach of Privilege of a Member of the Assembly or the Committee thereof.
1[58-A. On any, not more than one privilege motion shall be taken up but the time allotted for disposing such motion shall not exceed fifteen minutes and the privilege motions remaining undisposed shall be held over for the next day:
Provided that privilege motions shall be taken up in the same order in which they are received.]
59. A Member wishing to raise a question of privilege shall give notice in writing to the Secretary before the commencement of the sitting in which the question is proposed to be raised and if the question is based on a document, notice shall be accompanied by such document unless the Member satisfied the Speaker that the document is not readily available:
Provided that the Speaker may, if he is satisfied about the urgency of the matter, dispense with the requirement of the notice and allow a question of privilege to be raised at any time during the course of a sitting after the question hour.
2[60.(1) The right to raise a question of privilege shall be subject to the condition that-
(1) not more than one question shall be raised by the same Member at the same sitting.
(2) the question shall relate to a specified matter of recent occurrence;
(3) the matter shall be such as requires the intervention of the Assembly;]*3**
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1 Rule 58-A added vide Law Department Notification No. S. Legis: 20(6)/73 dated 14th December 1975.
2. The existing rule 60 number of sub rule (1) of that rule, ibid.
3. The Word “and” deleted ibid.
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(4) the question shall not reflect on the personal conduct of the Governor 1[:]
2[(5) the matter relating to the question shall adversely affect the member in performance of his duties as the member or enjoyment of any right or privilege admissible to him under any law for the time being in force;
(6) the subject matter of the question is substantially not the same as that of any adjournment or privilege motion that has been moved, discussed or disposed during the same Session;
(7) the subject matter of the question is neither frivolous nor vexatious nor is of such nature that it will unduly waste the time of the Assembly; and
(8) the subject matter of the question is not subjudice.]
3[(2) The Speaker shall have the power to disallow, either in his Chamber or in the Assembly any question of privilege to be raised in the Assembly if he is of the opinion that it is hit by an one or more of the clauses (4), (5), (6), (7), or (8) of sub-rule (1).]
61. After the question hour and disposal of application under rule 55 if any, the Member on being called upon by the Speaker shall raise a question of privilege and make a short statement relevant thereto.
62. A question of privilege shall have precedence over adjournment motion.
63. If the Speaker holds the privilege motion to be in order, the Assembly may consider and decide the question of privilege or may, on a motion by any Member, refer it to the Committee on Rules of Procedure and Privileges.
_________________________________________________________________________________________________1[58-A. On any, not more than one privilege motion shall be taken up but the time allotted for disposing such motion shall not exceed fifteen minutes and the privilege motions remaining undisposed shall be held over for the next day:
Provided that privilege motions shall be taken up in the same order in which they are received.]
59. A Member wishing to raise a question of privilege shall give notice in writing to the Secretary before the commencement of the sitting in which the question is proposed to be raised and if the question is based on a document, notice shall be accompanied by such document unless the Member satisfied the Speaker that the document is not readily available:
Provided that the Speaker may, if he is satisfied about the urgency of the matter, dispense with the requirement of the notice and allow a question of privilege to be raised at any time during the course of a sitting after the question hour.
2[60.(1) The right to raise a question of privilege shall be subject to the condition that-
(1) not more than one question shall be raised by the same Member at the same sitting.
(2) the question shall relate to a specified matter of recent occurrence;
(3) the matter shall be such as requires the intervention of the Assembly;]*3**
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1 Rule 58-A added vide Law Department Notification No. S. Legis: 20(6)/73 dated 14th December 1975.
2. The existing rule 60 number of sub rule (1) of that rule, ibid.
3. The Word “and” deleted ibid.
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(4) the question shall not reflect on the personal conduct of the Governor 1[:]
2[(5) the matter relating to the question shall adversely affect the member in performance of his duties as the member or enjoyment of any right or privilege admissible to him under any law for the time being in force;
(6) the subject matter of the question is substantially not the same as that of any adjournment or privilege motion that has been moved, discussed or disposed during the same Session;
(7) the subject matter of the question is neither frivolous nor vexatious nor is of such nature that it will unduly waste the time of the Assembly; and
(8) the subject matter of the question is not subjudice.]
3[(2) The Speaker shall have the power to disallow, either in his Chamber or in the Assembly any question of privilege to be raised in the Assembly if he is of the opinion that it is hit by an one or more of the clauses (4), (5), (6), (7), or (8) of sub-rule (1).]
61. After the question hour and disposal of application under rule 55 if any, the Member on being called upon by the Speaker shall raise a question of privilege and make a short statement relevant thereto.
62. A question of privilege shall have precedence over adjournment motion.
63. If the Speaker holds the privilege motion to be in order, the Assembly may consider and decide the question of privilege or may, on a motion by any Member, refer it to the Committee on Rules of Procedure and Privileges.
1 The full stop has been replaced by semicolon vide Law Department Notification No S. Legis: 20(6)/73 dated 4th December, 1975.
2. Clauses (5), (6), (7), and (8) added, ibid.
3. Sub-rule (2) added, ibid.
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64. The Committee shall, examine every question of privilege referred to it determine whether a breach of privilege is committed and if so, the nature of the breach and the circumstances leading to it, and make such recommendations as it may deem fit.
65. (1) The Committee shall meet as soon as may be after a question of privilege has been referred to it, and from time to time thereafter until a report is made within the time fixed by the Assembly, and where the Assembly has not fixed any time for the presentation of the report, it shall, if the Assembly is in session be presented to the Assembly within one month of the date on which reference to the Committee was made, or if the Assembly is not in session, at the commencement of its next session; provided that the Assembly 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) The report of the Committee be either preliminary or final.
(3) The report of the Committee shall be signed by the Chairman or in his absence by any other Member Authorised by the Committee.
(4) The report of the Committee shall be presented by the Chairman or in his absence by any other Member of the Committee on a day to be appointed by the Speaker.
(5) After the report has been presented, any Member may move that the report be taken into consideration whereupon the Speaker may put the question to the Assembly;
Provided that any Member may, move that the report be returned to the Committee for examination of point or points left out by the Committee.
65. (1) The Committee shall meet as soon as may be after a question of privilege has been referred to it, and from time to time thereafter until a report is made within the time fixed by the Assembly, and where the Assembly has not fixed any time for the presentation of the report, it shall, if the Assembly is in session be presented to the Assembly within one month of the date on which reference to the Committee was made, or if the Assembly is not in session, at the commencement of its next session; provided that the Assembly 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) The report of the Committee be either preliminary or final.
(3) The report of the Committee shall be signed by the Chairman or in his absence by any other Member Authorised by the Committee.
(4) The report of the Committee shall be presented by the Chairman or in his absence by any other Member of the Committee on a day to be appointed by the Speaker.
(5) After the report has been presented, any Member may move that the report be taken into consideration whereupon the Speaker may put the question to the Assembly;
Provided that any Member may, move that the report be returned to the Committee for examination of point or points left out by the Committee.
67. A motion for consideration of the report of the Committee shall be assigned the same priority as that of the question of privilege.
68. When a Member is arrested or is sentenced to imprisonment by a court or detained under any executive order, the court or executive authority, as the case may be, shall immediately intimate such fact to the Speaker indicating the reasons for his arrest, imprisonment or detention in the form set out in the Fifth Schedule.
69. When a Member is arrested or released on bail after conviction pending on appeal or otherwise such fact shall be intimated to the Speaker by the authority concerned in appropriate form set out in the Fifth Schedule.
70. On receipt of the intimation under rule 68 or 69, as soon as may be the Speaker shall read it out in the Assembly if it is in session and in any other case circulate it amongst the Members.