CHAPTER XII - ADJOURNMENT MOTIONS
CHAPTER XII
ADJOURNMENT MOTIONS
85. SPEAKER’S CONSENT:–
Subject to the provisions of these rules, a motion for an adjournment of the business of the House for the purpose of discussion on a definite matter of an urgent public importance may be made with the consent of the Speaker.
86. NOTICE OF A MOTION:–
The notice of a motion under rule 85, explaining the matter proposed to be discussed, shall be given in writing, in triplicate, to the Secretary not less than one hour before the commencement of the sitting in which the motion is proposed to be moved and the Secretary shall thereupon bring the notice to the knowledge of the Speaker, the Leader of the House, the Minister for Law and Parliamentary Affairs and the Minister concerned.
87. RESTRICTIONS ON RIGHT TO MAKE ADJOURNMENT MOTION:–
Notwithstanding anything contained in these rules, not more than one such motion shall be admitted on any one day however motions, if any, having remained unconsidered as regards their admissibility shall be held over for the next day and shall be taken up in the same order in which they were received.
88. CONDITIONS OF ADMISSIBILITY OF A MOTION:–
A motion shall not be admissible unless it satisfies the following conditions; namely:-
(a) it shall raise an issue of urgent public importance;
(b) it shall relate substantially to one definite matter;
(c) it shall be restricted to a matter of recent occurrence;
(d) it shall not repeat in substance, motions for which consent has been refused by the Speaker or which have been found to be inadmissible or for which leave has been refused by the House or which have already been discussed by the Assembly;
(e) it shall not anticipate a matter for the consideration of which a date has been previously appointed;
(f) it shall relate to a matter which is primarily the concern of the Government or a statutory body under the control of the Government or to a matter in which the Government have a substantial financial interest;
(g) it shall not contain arguments, inferences, ironical expressions or defamatory statements;
(h) it shall not refer to the conduct or character of a person except in his official or public capacity;
(i) it shall not deal with a matter in respect of which a resolution could not be moved;
(j) it shall not relate to a matter of privilege;
(k) it shall not deal with a hypothetical case;
(l) it shall not relate to a matter which can only be remedied by legislation;
(m) it shall not raise discussion which is detrimental to the public interest;
(n) it shall not deal with any matter which is sub-judice; and
(o) it shall not be moved on a day –
(i) fixed for general discussion of the Budget or the Supplementary Budget;
(ii) fixed for consideration or passage of the Finance Bill;
(iii) fixed after general election for making of oath by members generally;
(iv) fixed for the election of the Speaker and the Deputy Speaker;
(v) fixed for moving of a resolution for vote of confidence in the Chief Minister;
(vi) fixed for the election of the Chief Minister;
(vii) fixed for moving or consideration and voting of a resolution of no-confidence in the Speaker, the Deputy Speaker and the Chief Minister; and
(viii) fixed for address by the Governor.
89. ASKING LEAVE FOR A MOTION:–
The leave to make a motion for adjournment shall be asked for, only by the member who has given notice thereof after questions hour and privilege motions, if any, and before the List of Business is entered upon.
90. PROCEDURE:–
(1) If the Speaker is of the opinion that the matter proposed to be discussed is in order, he shall read the statement to the Assembly and ask whether the member has the leave of the Assembly to make the adjournment motion and if objection is taken, he shall request such of the members as may be in favour of leave being granted to rise in their seats.
(2) If members less than one-fifth of the total membership of the Assembly rise in their seats, the Speaker shall inform the member that he has not the leave of the Assembly.
(3) If members not less than one-fifth of the total membership of the Assembly so rise, the Speaker shall announce that leave is granted and the motion shall be taken up for discussion in the same session as last item for not more than two hours on such day, as soon as possible, within three days after the leave is granted, as the Speaker may fix:
Provided that the Speaker may on his own or on a motion made by a member extend the sitting of the Assembly on such day by two hours.
91. TIME LIMIT FOR DETERMINATION OF ADMISSIBILITY:–
In a sitting, the aggregate time for the asking of leave under rule 89 and the granting or withholding of leave under rule 90, shall not exceed half an hour.
92. LIMITATION OF TIME OF DISCUSSION:–
On an adjournment motion being moved, the Speaker shall put the question “that the Assembly do now adjourn”, but no such question shall be put after the time for the discussion of the motion has expired.
93. TIME LIMIT FOR SPEECHES:–
(1) A speech during the debate on a motion for adjournment shall not exceed ten minutes in duration:
Provided that the mover and the Minister or Parliamentary Secretary concerned may speak for twenty minutes each.