CHAPTER XI - PRIVILEGES
CHAPTER XI
PRIVILEGES
71. QUESTION OF PRIVILEGE:–
A member may, with the consent of the Speaker, raise a question involving a breach of privilege either of a member or of the Assembly or of a Committee.
72. NOTICE OF QUESTION OF PRIVILEGE:–
(1) A member wishing to raise a question of privilege shall give notice in writing to the Secretary not less than one hour before the commencement of the sitting on the day the question is proposed to be raised.
(2) If the question raised is based on a document, the notice shall be accompanied by the document.
(3) 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 question hour.
73. CONDITIONS OF ADMISSIBILITY OF QUESTION OF PRIVILEGE:–
(1) The right to raise a question of privilege shall be governed by the following conditions; namely–
(a) the question shall relate to a privilege granted by the Constitution, the law or the rules made under any law;
(b) not more than one question shall be raised by the same member at the same sitting;
(c) the question shall relate to a specified matter and shall be raised at the earliest opportunity;
(d) the matter shall be such as requires the intervention of the Assembly;
(e) the question shall not reflect on the personal conduct of the Governor;
(f) 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;
(g) 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 of during the same Session;
(h) 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
(i) the subject matter of the question is not sub-judice.
(2) The Speaker shall have the power to disallow, either in Chamber or in the Assembly any question of privilege to be raised, if he is of the opinion that it is hit by any one or more of the clauses (f), (g), (h) and (i) of sub rule (1).
74. MODE OF RAISING A QUESTION OF PRIVILEGE:–
(1) After disposal of question hour, call attention, leave application under rule 57 if any, the member on being called upon by the Speaker shall, raise a question of privilege and make a short statement relevant thereto.
(2) Where a member is allowed to raise a question of privilege during the course of a sitting under the sub-rule (3) of rule 72, he shall raise the question immediately on his being allowed to do so, or at such other time as the Speaker may direct.
(3) A Minister or the Parliamentary Secretary concerned shall have a right to reply.
75. PRECEDENCE OF QUESTION OF PRIVILEGE:–
A question of privilege shall have precedence over adjournment motions.
76. CONSIDERATION BY THE ASSEMBLY OR REFERENCE TO THE COMMITTEE:–
If the Speaker holds the privilege motion to be in order, the Assembly may consider and decide a question of privilege or may, on a motion either by the member who raised the question or by any other member, refer it to the Committee on Rules of Procedure and Privileges.
77. REFERENCE BY THE SPEAKER:–
Notwithstanding anything contained in these rules, the Speaker may refer any question of privilege to the Committee on Rules of Procedure and Privileges for examination, investigation and report.
78. EXAMINATION OF THE QUESTION BY THE COMMITTEE:–
The Committee shall, examine every question of privilege referred to it, determined as to the nature of breach and the circumstances leading to it, and make such recommendations as it may deem fit.
79. REPORT OF THE COMMITTEE:–
(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 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;
(2) The report of the Committee shall be, either preliminary or final;
(3) The report of the Committee shall be signed by the Chairman or in his or her absence by any other Member authorized by the Committee;
(4) The report of the Committee shall be presented by the Chairman or in his or her 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.
80. CONSIDERATION OF THE REPORT OF THE COMMITTEE:–
(1) After the report has been presented, a member may move that the report be taken into consideration whereupon the Speaker may put the question to the Assembly.
(2) A member may move an amendment that the matter be recommitted to the Committee for examination of a point or points which may have been left out of consideration by the Committee.
(3) The Assembly may agree with the report, with or without amendments, or may disagree with it and may itself decide the question of privilege.
81. PRIORITY FOR CONSIDERATION OF THE REPORT OF THE COMMITTEE:–
A privilege motion for consideration of report of the Committee shall be assigned the same priority as that of the question of privilege.
82. ARREST AND PRODUCTION OF A MEMBER:–
(1) When a member is arrested on a 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 conviction, as the case may be, as also the place of detention or imprisonment of the member in the appropriate form set out in the Fourth Schedule.
Provided that no member shall be arrested or a notice of arrest shall be served on him within the precincts of the Assembly
(2) The Speaker or Chairman of a Committee may summon a member in custody to attend the sitting(s) of the Assembly or meeting(s) of a Committee of which he is a member, if he considers his presence necessary.
(3) On a production order signed by the Secretary or by any other officer authorized in this behalf, addressed to the Government or the Authority where the member is held in the custody, the Government or such Authority shall cause the member in custody be produced before the Sergeant-at-Arms, who shall after the conclusion of the sitting or the meeting deliver the member into the custody of the Government or other Authority, as the case may be.
83. INTIMATION TO THE SPEAKER ON RELEASE OF MEMBERS:–
When a member is released on bail before or after conviction or is otherwise released, such fact shall be intimated to the Speaker by the authority concerned in the appropriate form set out in the Fourth Schedule.
84. INTIMATION AND COMMUNICATIONS RECEIVED FROM MAGISTRATES, ETC:–