skip to main content | screen reader access
 
font size:  Decrease font Size Normal Font Size Increase Font Size Standard Contrast High Contrast
Rajya Sabha
You are here: [Home ] >Procedures >Handbook for Members
.

HANDBOOK FOR MEMBERS OF RAJYA SABHA

Contents

25.Joint Sittings(Article 108 of the Constitution)

If a Bill other than a Money Bill and a Bill amending the Constitution passed by one House is not agreed to by the other House or the Houses have finally disagreed as to the amendments to be made in the Bill, or more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it, the President may summon a Joint Sitting of both the Houses for the purpose of deliberating and voting on the Bill. Separate rules, called. The House of Parliament (Joint Sittings and Communications) Rules apply on such occasions. If at the Joint Sitting of the Houses the Bill is passed by a majority of the total number of members of both the Houses present and voting with the amendments, if any, accepted by them, the Bill is considered to have been passed by both the Houses.

26.Statutory Resolutions

(i) A resolution given notice of by a Member/Minister in pursuance of a provision in the Constitution or in an Act of Parliament, is called a 'Statutory Resolution'.

(ii) If the Chairman admits notice of such a resolution, it is notified in Bulletin-Part II under the heading 'Statutory Resolution'.

 (iii)  Notices  of Statutory Resolution received from Ministers  after their being admitted are sent to the Ministry of Parliamentary Affairs for getting them included in the List of Business on a suitable day since they are treated as part of the Government Business.

(iv)   Statutory Resolutions from  Members  received  under article 123(2)(a)of  the Constitution of India for disapproving  ordinances promulgated  by the President,  are listed at the time when the Bill replacing  that  ordinance  is included in the List of Business for consideration,  and  both are discussed together.

(v)  Members may also give notice of amendments to the resolution (at least one day before the day on which the resolution is to be moved).  The Secretariat, if time permits, will make available  lists of amendments of which notices have been given.

(vi)   At the  appointed hour, on being called by the Chair,  the Minister in whose name the Resolution stands in the List of Business formally moves the Resolution by reading out the admitted text and makes his speech.  Amendments, if any, are then moved by the Members when called by the Chair; and discussion follows.  In the case of Statutory Resolution disapproving an Ordinance  given by a Member, the Member in whose name the Resolution stands   moves the Resolution.  If the Member is absent, the second or third member and so on, if any, in whose names the Resolution stands in the List of Business is called to  move the Resolution.  After the Resolution is moved, the Minister concerned moves the motion for  consideration of the Bill replacing the Ordinance and then discussion on the Resolution and the Bill follows. 

(vii) Whenever necessary, the Chairman prescribes a time limit for speeches.

 (viii) Generally, the allocation of time for discussion of the Resolution is made in the  Business Advisory Committee and time is proportionally allocated to parties/group for speeches.  Names of speakers are given by the Leaders/whip of the parties, and names are called by the Chair from different parties by rotation.  A record is kept in  respect of the time taken by each speaker.

(ix) After the Members and the Minister concerned have  participated in the debate, the mover of the Resolution may speak again by way of reply.   Amendments, if any  are put to the vote of the House and disposed of after which the main Resolution is put to the vote of the House.

(x)  In case the resolution is  passed, intimation is given to the  Minister  concerned.

(xi) In case the Statutory Resolution for disapproving ordinances discussed along with the ordinance replacing Bill     is negatived, the Bill is taken up for passing.  In case the Resolution is carried no further consideration of the Bill takes place.

26-A.DECLARATION OF ASSETS AND LIABILITIES BY MEMBERS

Under sub-rule (1) of rule 3 of the Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004, every elected Member of Rajya Sabha is required to furnish declaration regarding his Assets and Liabilities and Assets of his spouse and dependent children within 90 days from the date on which he makes and subscribes an oath or affirmation for taking his seat in the Council.

Copies of the prescribed Forms are available in the Notice Office and can also be downloaded from Rajya Sabha Website (rajyasabha.nic.in) under the link ‚ÄėDownloads‚Äô.

26-B.DECLARATION OF INTERESTS BY MEMBERS OF RAJYA SABHA

Under Rule 293 of the Rules of Procedure and Conduct of Business in the Council of States, members of Rajya Sabha are required to furnish declaration regarding five pecuniary Interests as per following details: ‚ÄĒ

PECUNIARY INTERESTS

I.   REMUNERATIVE DIRECTORSHIP

(i)   Name and address of the Company

(ii)  Nature of Business of the Company

(iii) Salary/fees/allowance/benefits or any other receipts which are taxable  (per annum)

II.  REGULAR REMUNERATED ACTIVITY

(i)   Name and address of the Establishment

(ii)  Nature of Business

(iii)  Position held

(iv) Amount of Remuneration received (per annum)

(i)  Name and address of the Company

(ii) Nature of Business of the Company

(iii)  Percentage of shares held

IV.  PAID CONSULTANCY

(i)  Nature of consultancy

(ii) Business activity of the organisation where engaged as Consultant

(iii) Total Value of Benefits derived from the Consultancy

V.  PROFESSIONAL ENGAGEMENT

(i)  Description

(ii)  Fees/Remuneration earned therefrom ( per   annum)

 Copies of the prescribed ‚ÄėForms‚Äô for Declaration of Interests are available in the Notice Office and can also be down loaded from Rajya Sabha Website (rajyasabha.nic.in) under the link ‚ÄėDownloads‚Äô.

27.Private Members' Resolutions (Rules 154- 166 of the Rules of Procedure)

(i) A resolution may be in the form of a declaration of opinion by the House or in such other form as the Chairman may consider appropriate. Any member may give notice of his intention to move a resolution on a matter of general public interest.

(ii) Along with summons, a Provisional Calendar of Sittings is issued for the information of members which inter alia indicates the days allotted for Private Members' Resolutions during that session. Members are also informed through a Bulletin Part-II about the dates fixed for draw of lot for all the days allotted for Private Members' Resolution during that session. Members who desire to give notice of resolutions may, in the first instance, give written intimation to that effect only in the prescribed form (Form No.RSL7). The intimation should be addressed to the Secretary-General and normally sent to the Notice Office at least two days before the date fixed for the draw of lot.

(iii) The draw of lot is held three weeks before the day allotted for Private Members’ Resolution in the Secretary General’s Room  for determining the inter-se priority of Members.  In the computerised draw, five names are drawn and those Members obtaining the first five places in the draw of lot are requested through a letter to give text of the resolution within 10 days which may be put down  in the List of Business for the day allotted against their names.  The result of the draw of lot is also notified in the Parliamentary Bulletin Part-II of that day.

(iv) The text of the resolution  should conform to the requirements of Rule 157 of the Rules of Procedure and Conduct of Business in  the Council of States.  A resolution or part thereof which does not comply with the rules may be disallowed.    The text of  resolutions  in its admitted form is  notified in the Bulletin Part-II, two - three days before the allotted  date and included in the List of Business for that date in the  order of priority assigned in the draw of lot.

(v) A Member in whose name a resolution has been listed, when called upon, moves the resolution , but a member may, if unable to be present  with the permission of the Chairman authorise in writing, any other member of the Council to move the resolution standing in his name.

(vi) No speech on a resolution, except with the permission of the Chairman, may exceed fifteen minutes in duration. However, the mover of a resolution, when  speaking for the first time, and the  Minister concerned, when intervening may speak for thirty minutes or for such longer time as the Chairman may permit.    Amendments, if any, are moved after the  mover  has finished his speech while moving the resolution. Members desiring to speak may give their  names at the Table   After all Members have  spoken  or the allotted  time is over, generally the Minister in charge of the Ministry concerned intervenes and gives the view point  of the Government.  Thereafter, the mover of the resolution replies to the debate.  Amendments, if any, are then disposed of and the resolution is put to the vote of the Council.

(vii)  A member in whose name a resolution stands in the List of Business may, if called upon, withdraw the resolution, in which case he has to confine himself to a mere statement to that effect.

(viii)    (a)         In order to  ensure that the discussion on a resolution is concluded within  a stipulated time frame,  a  maximum time limit of  two hours for discussion on a Private Members’ Resolution has been fixed as per the direction of the Chairman.

(b) ¬†¬†¬†¬†¬†¬† A member who has moved a resolution or an amendment to a resolution, cannot withdraw the it¬† except by leave of the Council.¬† In order to withdraw, he has to¬† give notice in¬† writing¬† and when the item comes up for discussion in the Council, the Chair will put the question to the Members that¬† ‚ÄėLeave be given to withdraw ‚Ķ..‚Äô and¬† if by voice vote or by division¬† Members agree, only then can the¬† Resolutions or its amendment be deemed to be withdrawn.

(c)        If a resolution which has been admitted but is not discussed during the session it  is deemed to have been withdrawn.

(ix)      (a)         If  a resolution on a particular subject  has been moved, no resolution or amendment raising substantially the same question can be moved within one year from the date of the moving of the earlier resolution.

(b)        When a resolution has been withdrawn with the leave of the House, no resolution raising substantially the same question can be moved during the same session. 

28.Budget (Rules 181 to 183 of the Rules of Procedure)

(i) The Annual Financial Statement or the Statement of the Estimated Receipts and Expenditure of the Government of India in respect of each financial year (popularly known as the 'Budget') is presented in two parts viz., the General Budget and the Railway Budget. The General Budget is presented by the Minister of Finance while the Railway Budget is presented by the Minister of Railways.  The Budgets are presented in the Lok Sabha.  As a convention, when the general Budget is being presented in the Lok Sabha the Rajya Sabha either adjourns (if sitting has commenced) or commences its sitting after the Budget presentation, to enable Members to hear the Budget speech.  The Rajya Sabha sitting resumes/commences after the Budget speech, to enable the Minister to lay a copy of the Budget on the Table of the Rajya Sabha.

(ii) Sets of Railway Budget papers (in English and Hindi) are made available to members from the Publications Counter immediately after it has been laid on the Table of the House. As regards sets of General Budget, it is distributed to the Members in the Outer Lobby immediately after it has been laid on the Table of the House. Members who are not able to collect their set on that day may do so from the Publications Counter on any later date.

(iii) The discussions on the General and Railway Budgets are held on the dates fixed by the Chairman. The Government informs preferable dates for such a discussion. Members are at liberty to discuss the Budget as a whole or any question or principle involved therein but no motion is moved nor is the Budget   put to the vote of the House.

(iv) The Minister of Finance or the Minister of Railways, as the case may be, replies at the end of the discussion.

29.Petitions (Rules 137-146 of the Rules of Procedure)

Petitions may be  presented or reported to the Rajya Sabha with the consent of the Chairman under Rule 137 of the Rules of  Procedure and Conduct of Business in the Council of States  and they may relate to a Bill or any other matter connected with the business pending before the Rajya Sabha or any matter of general public interest. The exceptions are matters which are sub-judice or  which are not primarily the concern of the Government of India or which can be raised on a substantive motion or resolution or for which remedy is available under the law.

            A petition may either be forwarded to the Council of States by the petitioner or may be presented to the Council by a Member.  In the latter case, the petition has to be countersigned by the Member and sent to the Secretary-General, for obtaining the consent of the Hon’ble Chairman for the presentation of the petition.  If the petition falls within the conditions of admissibility and the Chairman grants permission, in case of a petition countersigned by the Member, the item is entered in the List of Business on a day fixed in consultation with the Member.

            On the appointed day, when the Chair calls out the item, the Member rises in his seat and makes a statement to the effect that the petition on the subject (to be stated) is presented by him.  No further discussion takes place and the Petition, on presentation by a Member (or report by the Secretary-General to the House) stands referred to the Committee on Petitions. The Committee after examining the petition presents its report, a copy of which is sent to the petitioner, as well as the Ministry concerned in the Government of India.

30.Supply of parliamentary papers to members at their residences

            The Secretariat has a separate branch called Distribution Section which is responsible for delivery of all Parliamentary papers relating to the business of the House, Committees etc. to Members both during Session and Inter-Session.

Members indicate their local (Delhi) and permanent (Constituency) addresses at the time of taking up membership of Rajya Sabha and these addresses  are used by the Distribution Section for issue of Parliamentary Papers if not otherwise specified. Members are, accordingly, advised to intimate any change in their  address to the Table Office/Distribution Section so that  they receive their papers promptly.

The following papers are circulated to members at their residences during Session periods in advance.  However a few copies of Parliamentary papers mentioned at Sr. No. a,b,c, and e are also kept in the Lobby. 

(a)        List of Business and papers to be laid on the Table.

(b)   ¬†¬†¬†¬†¬†¬†¬†Lists of Questions-Starred, Unstarred and Short Notice.

(c)    ¬†¬†¬†¬†¬†¬†¬†Bills set down in the List of Business.

(d)   ¬†¬†¬†¬†¬†¬†¬†Reports of Select/Joint Committees on Bills, after presentation.

(e)    ¬†¬†¬†¬†¬†¬†¬†Lists of Amendments to Bills, Resolutions and Motions.

(f)     ¬†¬†¬†¬†¬†¬†¬†Reports of the Parliamentary Committees after these are

   presented/laid  on the Table of the House.

(g)    ¬†¬†¬†¬†¬†¬†Synopsis of daily proceedings of the House.

Members are given the option of getting the following  papers in English or Hindi as per their convenience.

(a)        Lists of Business, List of papers to be laid on the Table, Lists of Questions, Government Bills introduced, private Members Bills introduced, Lists of Amendments to Bills, Resolutions and Motions are supplied either in English or in Hindi to the members according to their instructions.

(b)        The Hindi version of the reports of the Parliamentary Committees are also, as far as possible, made available to members.

(c)        The Synopsis of the daily proceedings of the House are supplied to members both in English and Hindi.

(d)        Parliamentary Bulletin Part I & II are supplied to members, Rajya    Sabha in English & Hindi.

(e)       Any other paper/document laid on the Table of the House if so¬†¬†¬† directed by the¬† Chair.

The following papers relating to the business in the Lok Sabha are also supplied to members at their residences as and when copies thereof are received from the Lok Sabha Secretariat;-

(a)    Bills introduced in the Lok Sabha.

(b)   Papers containing opinion on Bills circulated by the Lok Sabha for eliciting opinion thereon.

(c)    Reports of Select/Joint Committees on Bills presented to the Lok Sabha.

(d)   Bills passed by the Lok Sabha and laid on the Table of¬† the Rajya Sabha.

              A Circular is also issued to all Members of the Rajya Sabha after biennial elections requesting them to intimate to the Distribution Section the address at which they would like to receive their Parliamentary Papers including the Summons, M.Ps Cheques/P.A. salary Cheques and papers relating to the meetings of the various Parliamentary Committees to ensure prompt delivery thereof. In the absence of such intimation, the Parliamentary Papers including Summons etc. are sent to them at their permanent home addresses. 

            During inter-session periods, papers received for delivery to Members are generally sent to the permanent addresses unless a Members leaves instruction with Distribution Section as to where he would like the papers delivered.  Notices/reminders for Committee meetings are generally delivered at both local and permanent addresses.

The following types of papers are not distributed, but copies are kept at the publications counter and Members are requested through an item in Parliamentary Bulletin Part-II to collect their copy:-

(i)               Budget documents;

(ii)              Annual Reports of Ministries

(iii)             CAG Reports;

(iv)             Reports of Parliamentary Committee;

(v)              Any other document received from Ministries to be circulated to Members;

31.General Procedure for giving Notices (Rules 223, 225 and 226 of the Rules of Procedure)

The general procedure for giving notices is as follows:--

(1) Every notice required by the rules should be given in writing addressed to the Secretary-General, and signed by the member giving notice, along with division number and normally  has to be delivered at the Notice Office within the time frame prescribed for that class of notice in the relevant rule or otherwise  on any day    except Saturday, Sunday or a public holiday.

(2) Notices left or received after  prescribed time  on any open day, or left on any day when the Notice Office is closed are treated as given on the next open day, unless specified otherwise in the relevant rules.

(3) For the convenience of members a box is kept outside the Notice Office for depositing notices before 10.00 a.m. Notices that are required to be given before the commencement of a sitting such as, calling attention, mentioning of matters of urgent public importance, questions of privilege, etc. may be deposited in the box before 10.00 a.m. The box is opened at 10.00 a.m. and the notices found deposited therein are treated as having been received at 10.00 a.m. In the case of notices received on the same subject at the same time, a ballot is held for determining their priority inter se.

(4) Each communication should deal with one matter only. Different matters should not be combined in one letter as that would cause delay in disposal. "One letter-one subject" rule, if observed by Members, will enable them to get quicker replies and efficient service.

(5) Communications to the Chairman about official or Parliamentary matters or any other business of the House should be addressed to "The Chairman, Rajya Sabha" 

(6) The principal notices required by the rules and the period of notices are:-

(i) Questions--15 clear days;

(ii) Half-an-Hour Discussion--3 days;

(iii) Resolutions--within 10 days of the draw of lot;

(iv) Amendments to Resolutions/Motions--one day;

(v)  Special Mentions -- Upto 5 p.m. on the previous day.

(vi) Motions for leave to introduce Private Members' Bills--one month;

(vii) Amendments to Bills--one day.

(7) Communications in respect of a notice or any other matter which a member desires to be taken up in the House on the same day should be delivered in the Notice Office by 10.30 hours. Otherwise it will not be possible to expect  the Chairman to take any decision thereon the same day.

(8) Prescribed Forms for various types of notices are kept in the Notice Office. Members may collect the forms required by them from there.  Assistance of Notice Office officials can be availed to clarify any point of procedure etc.

(9) (i) On the prorogation of a session, all pending notices, other than notices of intention to move for leave to introduce a Bill lapse and fresh notices should be given for the next session. However a fresh notice is necessary of intention to move for leave to introduce a Bill in respect of which sanction or recommendation has been granted under the Constitution, if the sanction or recommendation, as the case may be, has ceased to be operative.

(ii) Any business pending before a Committee does not lapse by reason only of the prorogation of the Rajya Sabha and the Committee continues to function notwithstanding such prorogation.

(10) Notices of amendments to a Bill or a Resolution may be given by a member in advance of the inclusion of the relevant item in the List of Business. Such amendments are circulated to members on the day preceding the day for which the relevant item is included in the List of Business.

(11) It is open to a member to give notices on various matters provided in the Rules of Procedure  before making and subscribing an oath or affirmation and taking seat in the House,  but he cannot exercise any of his functions as a member in the House, that is to say, he cannot  actually ask a question or move a resolution or introduce a Bill unless he has made and subscribed the oath or affirmation and taken his seat in the House.

(12) Notices given earlier by a member who is suspended from the service of the House under rule 256, are not included in the List of Business or Lists of Questions or Lists of Amendments etc., during the period of his suspension. Any notice given by him during that period is not accepted.

(13) Members who have given notices of any business and who are unable to attend any sitting of the House are, in order to facilitate the arrangement of business, requested to give sufficient notice to the Secretary-General of their intention to absent themselves,  preferably along with  instructions in writing regarding disposal of their notices and other matters pending before the House

Back to Top