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Rajya Sabha
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RESIGNATION, LEAVE OF ABSENCE AND VACATION OF SEAT

213. Resignation of seats in Council

(1) A Member who intends to resign his seat in the Council shall intimate in writing under his hand addressed to the Chairman, his intention to resign his seat in the Council.

(2) If a Member hands over the letter of resignation to the Chairman personally and informs him that the resignation is voluntary and genuine and the Chairman has no information or knowledge to the contrary, the Chairman may accept the resignation immediately.

(3) If the Chairman receives the letter of resignation either by post or through some other person, the Chairman may make such inquiry as he thinks fit, to satisfy himself that the resignation is voluntary and genuine. If the Chairman, after making a summary enquiry either himself or through the agency of the Rajya Sabha Secretariat or through such other agency as he may deem fit, is satisfied that the resignation is not voluntary or genuine, he shall not accept the resignation.

(4) A Member may withdraw his letter of resignation at any time before it is accepted by the Chairman.

(5) The Chairman shall, as soon as may be, after he has accepted the resignation of a member, inform the Council that the member has resigned his seat in the Council and he has accepted the resignation.

Explanation.- When the Council is not in session, the Chairman shall inform the Council immediately after the Council re-assembles.

(6) The Secretary-General shall, as soon as may be, after the Chairman has accepted the resignation of a Member, cause the information to be published in the Bulletin and the Gazette and forward 'a copy of the notification to the Election Commission for taking steps to fill the vacancy thus caused:

Provided that where the resignation is to take effect from a future date, the information shall be published in the Bulletin and the Gazette not earlier than the date from which it is to take effect.

214. Leave of absence from meetings of Council

(1) A member wishing to obtain permission of the Council for remaining absent from meetings thereof under clause (4) of article 1 01 of the Constitution shall make an application in writing to the Chairman, stating the period for which he may be permitted to be absent from the meetings of the Council.

(2) After the receipt of an application under sub-rule (1) of this rule the Chairman shall, as soon as may be, read out the application to the Council and ask: "Is it the pleasure of the Council that permission be granted to such and such a member for remaining absent from all meetings of the Council for such and such a period?" If no one dissents, the Chairman shall say: "Permission to remain absent is granted." But if any dissentient voice is heard, the Chairman shall take the sense of the Council and thereupon declare the determination of the Council.

(3) No discussion shall take place on any question before the Council under this rule.

(4) The Secretary-General shall, as soon as may be, after a decision has been signified by the Council, communicate it to the member.

215. Vacation of seats in Council

(1) The seat of a member shall be declared vacant, under clause (4) of article 101 of the Constitution, on a motion by the Leader of the Council or by such other member to whom he may delegate his functions in this behalf.

(2) If the motion referred to in sub-rule (1) of this rule is carried, the Secretary-General shall cause the information to be published in the Gazette and forward a copy of the notification to Election Commission for taking steps to fill the vacancy thus caused.

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