Jammu and Kashmir Praja
Sabha Rules of Business and Procedure
Legal Document No
DURATION AND SESSION OF THE PRAJASABHA
6. Summoning of Praja Sabha and dates of meeting:
7. Termination of the Session .... (l) A session of the Praja Sabha is
terminated by progation by His Highness. (2) On the termination of a session
The Secretary will issue a notice to each member of the time and place
at which the Praja Sabha is summoned by His Highness and such notice shall
be issued sixty clear days before the date for which the Praja Sabha is
After the commencement of a session the Praja Sabha shall sit on such days
as the Prime Minister, having regard to the State of business, may from
time to time direct.
all pending notices shall lapse so that a member will be required to send
new notices in regard to business for the next session;
any bill which has been introduced, and any motion for the amendment of
the standing orders, which has received the leave of the Praja Sabha, shall
be carried over to the pending list of business of the next session:
that if the member-in-charge of a bill makes no motion in regard to
the same during the next two sessions, the bill shall lapse.
8. Effect of dissolution...on the dissolution of the Praja Sabha all
questions and all bills other then Government bills shall lapse excepting
as may be provided for by standing orders made in this behalf.
THE PRESIDENT, THE DEPUTY PRESIDENT AND THE
9. Election of the Deputy President...the Praja Sabha shall choose a
Deputy President in the following manner:
The President shall fix a date for elector of the Deputy President.
At any time before noon on the day preceding the date so fixed, any member
may nominate another member for election by delivering to the Secretary
a nomination paper containing the name of the member nominated and signed
by himself as proposer and by a third member as seconder and also by the
member nominated in token of his consent to serve as Deputy President,
On the date fixed for election the President shall read out to the Praja
Sabha the names of the candidates nominated together with those of their
proposers and seconders; and if only one person has been nominated for
election, the President shall declare that person to be duly elected. If
more than one person has been nominated, the Praja Sabha shall then proceed
to elect a Deputy President by ballot.
The ballot shall be taken in such manner as the President may determine
and the candidate, who obtains more votes than those obtained by the other
candidate, or than the aggregate of the votes obtained by the other candidates,
as the case may be, shall be declared duly elected.
Where more than two candidates have been nominated and at the first ballot
no candidate obtain more votes than the aggregate votes obtained by the
other candidates, the candidate who has obtained the smallest number of
votes shall be excluded from the election, and fresh ballot shall take
place, the candidate obtaining the smallest number of votes at each ballot
being excluded from the election, until one candidate obtains more votes
than the remaining candidates, or than the aggregate votes of the remaining
candidates, as the case may be.
Where at any ballot any of three or more candidates obtain an equal number
of votes the candidate to be excluded from the election under clause (5)
shall be determined by drawing of lots.
Where any two candidates have been nominated and they obtain equal votes,
or where the two candidates remaining after the exclusion of others under
clause (5) obtain equal votes, the President shall give his casting vote
and the candidate in whose favour such casting vote is given shall be declared
A. INTRODUCTION OF BILLS
Publication of bills before introduction...The Council may order the publication
of any bill together with the statement of objects and reasons in the gazette
although no motion has been m,ade for leave to introduce the bill. In that
case it shall not be necessary to move for leave to introduce the bill
and if the bill is afterwards introduced, it shall not be necessary to
publish it again.
Notice of a motion for leave to introduce bill....(l) Any member, other
than a member acting on behalf of the Council, desiring to move for leave
to introduce a bill, shall give notice of his intention to do so and shall
together with the notice, submit a copy of the bill and a full statement
of objects and reasons....(2) If the bill is a bill which under the Act
requires sanction, the member shall annex to the notice a copy of such
sanction, and the notice shalt not be valid until this requirement is complied
Effect of certification by Prime Minister....If the Prime Minister certifies
that a bill or any clause of a bill or any amendment to a bill affects
the safety and tranquility of the State, or any part of it, and directs
that no proceedings or no further proceedings shall be taken thereon, all
notices of motions in connection with the subject matter of the certificate
shall lapse and if any such motion has not already been set down in the
list of business, it shall not be so set down. If any such motion has been
set down on the list of business, the President shall, when the motion
is reached, inform the Praja Sabha, and the Praja Sabha shall forth well
without debate proceed to the next item of business.
Motion for leave to introduce a bill.... (l) Except when the publication
of a bill has been made as provided in rule 62, any member desiring to
introduce a bill in the Praja Sabha shall make a motion for leave to introduce
the bill and if the motion is not opposed by any other member, the motion
shall be deemed to have been carried...(2) The precedence of motions for
leave to introduce nonofficial bills shall be determined by ballot to be
held in accordance with the rules contained in Schedule I.
Procedure when motion for leave to introduce is opposed ...lf a motion
for leave to introduce is opposed, the President, after permitting, if
he thinks fit, a brief explanatory statement from the member who moves
and from the member who opposes the motion, may put the question without
Introduction of bills....At any time after a bill has been published in
the gazette under orders of the Council as provided in rule 62, or after
the motion for leave to introduce has been carried, the member-in-charge
of the bill may introduce it.
Publication of the bills after introduction....As soon as may be after
a bill has been introduced, the bill, unless it has already been published,
shall be published in the gazette.
Supply of copies to members....After a bill has been published under rule
62 or under the preceding rule, copies thereof shall be made available
to the members.
Motions alter introduction....When a bill is introduced or on some subsequent
occasion the member-in-charge may make one of the following motions in
regard to the bill, namely:
Provided that no such motion shall a be made until after copies of the
bill have been made available for the use of members, and that any member
may object to any such motion being made unless copies of the bill haste
been so made available to him for three dales before the day on which the
motion is made, and such objection shall prevail, unless the President
in the exercise of his power to suspend this rule, allows the motion to
that it be taken into consideration by the Praja Sabha either at one or
at some future day to be then specified; or
that it be referred to a Selection Committee; or
that it be circulated for the purpose of eliciting opinion thereon.
Persons by whom motions in respect of bills may be made....No motion that
a bill be taken into consideration or be passed shall be made by any member
other than the member-in-charge of the bill, and no motion that a bill
be referred to a Select Committee, or circulated, or re-circulated for
the purpose of eliciting opinion thereon, shall be made by any member other
than the member-in-charge, except by way of amendment to a motion made
by the member-in-charge.
Discussion of principles of bills....(l) On the day on which any of the
motions referred to in rule 70 is made, or on any subsequent day to which
the discussion thereof is postponed, the principle of the bill and its
general provisions may be discussed, but the details of the bill must not
be disc cussed further than is necessary to explain its principle...(2)
At this stage no amendments to the bill may be moved, but;
if the member-in-charge moves that the bill be taken into consideration,
any member may move as an amendment that the bill be referred to a Select
Committee or be circulated for the purpose of eliciting opinion thereon
by a date to be specified in the motion; or
if the member-in-charge moves that the bill be referred to a Select Committee,
any member may move as an amendment that the bill be circulated for the
purpose of eliciting opinion thereon by a day to be specified in the motion
73. Provision in case of failure of Praja Sabha to pass legislation where
a declaration has been made under section 34 of the Act in respect of a
bill, any motion made in regard to such bill shall be deemed to have been
When a motion that the bill be circulated for eliciting opinion is moved
as an amendment and is carried no motion that it be referred to a Select
Committee shall be moved or put to vote; and When a motion that the bill
be referred to a Select Committee is made as an amendment and is carried,
no motion that it be circulated for eliciting opinion shall be moved or
put to vote.
Where a motion that a bill be circulated for the purpose of eliciting opinion
thereon is carried, and the bill is circulated in accordance which that
direction and opinions are received thereon, the member-in-charger if he
wishes to proceed with his bill thereafter, must move that the bill be
referred to a Select Committee, unless the President in the exercise of
his power to suspend this rule, allows a motion to be made that the bill
be taken into consideration.
B. SELECT COMMITTEES
Constitution of Select Committees....The Minister to whose Department the
bill relates and not more than eight other members, including in the case
of a private bill the member who introduced the bill, shall be members
of every Select Committee, provided that when any members have been nominated
under subsection (7) of section 14 of the Act for the purpose of the bill,
they shall be ex-officio members of the Select in Committee addition to
the number above referred to.
Election of members....(l) The members of the Select Committee other than
the Minister and the member-in-charge if any, shall be elected by the Praja
Sabha when the motion that the bill be referred is made. (A there is no
opposition to the names proposed, all the members proposed will be deemed
to be duly elected. In case any member objects to the name of a particular
member and desires his substitution by another member, the President shall
put the question to the vote of the House and the member elected by majority
of votes shall be the duly elected member.
Vacancy on the Select Committee... (1) In case of a vacancy occurring among
the elected members of a Select Committee when the Praja Sabha is in session,
the Praja Sabha may elect a member to fill the vacancy. (2) In case the vacancy
occurs through death, resignation, inability to attend to duty or otherwise
at a time when the Praja Sabha is not sitting, and the appear matters to
be urgent, the President, may appoint any member to fill such vacancy.
Chairman....The Minister-in-charge of the Department to which the bill
relates shall be the Chairman of the Select Committee, or in his absence,
any other member of the Committee whom he may nominate shall act as Chairman.
No business shall be transacted at any sitting of the Select Committee
unless a majority of the members of the Committee including the member-in-Charge
of the bill be present. All matters in the Select Committee shall be decided
by majority of votes of the members at a meeting and in the case of an
equality of votes the Chairman shall haven second or casting vote.
If at any time fixed for any meeting of the Select Committee, or if at
any time during, such meeting the quorum of members, fixed by this rule
is not present. the Chairman of the Committee shall either suspend the
meeting unless the quorum is present or adjourn the Committee to some future
Where the Select Committee has been adjourned in pursuance of sub-rule
(2) on two successive days fixed for the meetings of the Committee, the
Chairman shall report the fact to the Praja Sabha.
Attendance of officials....The Chairman of the Select Committee may cause
any official to attend a Select Committee whose assistance he may require
but such officials hall not have a vote as a member of the Committee.
Hearing expert evidence - The Select Committee may hear expert evidence
and representative of special interests affected by the measure before
Reports of Select Committee:
After publication in the gazette of a bill as required by the rules, the
Select Committee to which the bill has been referred shall make a report
Such report shall be made not-sooner than two months from the date of the
first publication of the bill in the gazette unless the Praja Sabha orders
the report to be made sooner.
Reports may be either preliminary or final, and shall be authenticated
by the signature of the Chairman.
If the Praja Sabha has fixed a period within which the Select Committee
shall submit its report upon be unable for any reason to submit its report
within that period, the President, may, from time to time, extend period
on the application of the member-in-charge of the bill.
The report of a Select Committee shall state the date on which the bill
was published in the gazette and whether in the opinion of the Committee
the bill has been so altered as to require republication or not. The report
shall be signed by the members and if any member desires to record a minute
of dissent on any point, he must sign the majority report, stating that
he does so subject to his minute of dissent which must be handed over to
the Chairman within 3 days of the date on which he signs the report.
The report of a Select, Committee together with the minutes of dissent,
if any, and the amended bill where republication of the bill is considered
necessary shall be published in the gazette by the Secretary of the Praja
Sabha and a copy of the report shall be made available for the use of every
member of the Praja Sabha.
President's power to order reprint: If a Select Committee has reported
that the bill in their judgment does not require republication, the President,
if he considers. that for the purpose of facilitating the discussion of
the bill in the Praja Sabha a reprint of the amended bill is required he
may direct that the bill as amended by the Select Committed be reprinted
and copies of the reprinted bill be supplied to members of the Praja Sabha.
Presentation of the report:
84. Procedure after presentation: (1) After the presentation of the final
report of a Select Committee on a bill, the member-in-charge may move:
The report of a Select Committee shall be presented to the Praja Sabha
by the member-in-charge of the bill.
In presenting the report the member-in-charge shall, if he makes any remarks,
confine himself to a brief statement of facts, but there shall be no debate
at this stage.
that the bill as reported by the Select Committee be taken into consideration,
provided that any member of the Praja Sabha may object to its being so
taken into consideration, if a copy of the report has not been made available
for his use for seven days and such objection shall prevail, unless the
President, in the exercise of his power to suspend this rule allows the
report to be taken into consideration; or
that the bill as reported by the Select Committee he recommitted either:
without limitation; or
with respect to particular clauses or amendments only; or
with instructions to the Select Committee to make some particular or additional
provision in the bill.
(2) If the member-in-charge moves that the bill be taken into
consideration, any member may move as an amendment that the bill be re-committed.
Notice of resolutions...A member who proposes to' move a resolution shall
give to the Secretary notice in writing of his intention and shall submit
together with the notice a copy of such resolution. Provided that a member
shall not give notice of more than two resolutions per day of the days
assigned for non-official resolutions.
Form and content of resolutions....No resolution shall be admitted unless
it complies with the following conditions, namely:
It shall be related to a matter of general public interest which is within
the competence of the Council to deal with.
It shall be in the form of a specific recommendation addressed to the Council.
It shall be clearly and precisely expressed and shall raise substantially
a definite issue.
It shall not contain arguments, inferences, ironical expressions or defamatory
statements, nor shall it refer to the conduct or character of persons except
in their official or public capacity.
It shall not relate to any matter which is under adjudication by a court
Admissibility of resolutions....The President shall decide on the admissibility
of a resolution. If a resolution does not in his opinion comely with the
Act or the rules, he may disallow it or may, give the member an opportunity
to amend the form of a resolution to bring it into conformity with the
rules. If the defect is of a purely verbal or formal character the President
may himself amend the resolution and admit it. The ruling of the President
as to whether any resolution complies with the rules or not shall be finch
Intimation to members....The Secretary shall give intimation to the members
that the resolution has been admitted or disallowed or allowed as amended
by the President as the case may be.
Priority of resolutions on the list of business....The resolutions which
have not been disallowed by the President shall be entered in separate
lists of each day allotted to non-official resolutions and the priority
of resolutions for purpose of discussion shall be determined by a ballot
to be held by the Secretary: Provided that no member shall ballot for more
than one resolution for one day and not more than seven resolutions shall
be entered in the list of resolutions for one day.
Motion and withdrawal of resolutions.... (1) If any member in whose name
a resolutions stands on the list of business when called on is absent the
resolution shall be deemed to have been withdrawn.
101. Duration of speeches on a resolution except with the permission of
the President, shall exceed fifteen minutes in duration:
If a member in whose name a resolution stands in the list of bossiness
is called on to move it he may with permission of the President authorise
any other member in whose name the same resolution stands also in the list
of business: for that day, to move it on his behalf and the member so authorised
may move accordingly.
When a member moves a resolution he shall commence his speech by a formal
motion in the terms appearing on the list of business.
Provided that the mover of a resolution, when moving the same, and the
Minister to whose department the resolution relates, or his Under-Secretary
or any official member authorised by Minister to speak on his behalf when
speaking for the first time, may speak for thirty minutes, or for such
longer time as the President may permit.
The Secretary shall, if time permits, cause a copy of every amendment to
be made available for the use of every member.
The limit of discussion. The discussion of a resolution shall be strictly
limited to tile subject of a resolution.
Seconding of resolutions....As soon as a resolution has been moved, it
shall be seconded by another member, and no discussion shall be permitted
on a resolution which is not so seconded.
Amendments and their notice....After a resolution has been moved, any member
may, subject to the rules and standing orders relating to resolutions,
move an amendment to the resolution.
Notice of amendments....(l) If notice of such amendment has not been given
two clear days before the day of on which the resolution is moved, any
member may Object to the moving of the amendment, and such objection shall
prevail, unless the President, in the exercise of his power to suspend
this rule allow the amendment to be moved.
The Annual Financial Statement....A statement of the estimated annual
expenditure and revenue of the State (herein after referred to as the "Annual
Financial Statement") shall be presented, each year, to the Praja Sabha
on such day as the Prime Minister may appoint.
Note: - The estimated annual expenditure and revenues of the
Jagirs of Poonch and Chenani shall be shown separately.
Financial Statement not to be discussed on presentation. There shall be
no discussion of the Annual Financial Statement on the day on which it
is presented to the Praja Sabha.
Demand for Grant....
114. Stages of the debate. . .. The Annual financial statement shall be
dealt with by the Praja Sabha in two stages, namely:
A separate demand shall) ordinarily be made in respect of the grant proposed
for each department, provided that the Government may in their discretion
include in one demand grants proposed for two or more departments, or make
a demand in respect of expenditure which cannot readily be classified under
Each demand shall contain, first a statement of the total grant proposed,
and then a statement of the detailed estimate under each grant divided
Subject to these rules, the annual financial statement shall be presented
in such form as the Council may consider best fitted for its consideration
by the Praja Sabha.
(1) a general discussion; and (2) the voting of demands for grants.
On a day to be appointed by the Prime Minister subsequent to the day on
which the annual financial statement is presented and for such time as
the Prime Minister may allot for this purpose the Praja Sabha shall be
at liberty to discuss the statement as a at whole, or any question of principle
involved therein, but this stage no motion shall be moved, nor shall the
statement be submitted to the vote of the Sabha.
The Minister-in-Charge of the Finance Department of any official member
authorised by the Prime Minister shall have a general right of reply at
the end of the discussion.
The President may, if he thinks, fit, prescribe a time limit for speeches.
The voting of demands for grants shall take place in such order, and on
such days not exceeding six days in the aggregate, as the Prime Minister
may allot for the purpose.
The Prime Minister shall fix a time limit for the discussion of any one
demand or a group of demands. As soon as the maximum limit of time for
discussion is reached, the President shall forthwith put every question
necessary to dispose of the demand under discussion.
On the last day of the allotted days at 4 p.m. the President shall forthwith
put every question necessary to dispose of the demand under discussion
and all other outstanding demands for grants.
Motions at this stage...
Provided that the President may in his discretion permit a departure from
When a demand for a grant is made motions may be moved to omit or reduce
the grant, but not to increase or alter its destination.
When notice of a motion to omit or reduce any grant is given, it shall
be accompanied by a brief note explaining the purpose of the motion.
The subject-matter of a motion shall relate only to the particulars contained
in the estimates on which the grant is demanded and the purpose for which
it is demanded, and shall not touch on the policy or expenditure sanctioned
under other heads except so far as such policy or expenditure is brought
before the Praja Sabha by the items contained in the grant.
A motion shall be clearly and definitely expressed and shall raise a definite
(a) When several motions relating to the same demand are offered, they
shall be discussed hi the order in which the heads to which they relate
appear in the annual financial state meet. (b) Motions falling under the
same shall head shall be discussed in the order in which notices thereof
halve been received by the Secretary:
Notice of motions...lf notice of a motion to omit or reduce any grant has
not been given four clear days before the day on which the demand is under
consideration, any member may object to the moving of the motion and such
objection shall prevail unless the President in the exercise of his power
allows the motion to be made at shorter notice.
Intimation to Finance Department...When the Praja Sabha has refused its
assent to any demand or has assented to any demand subject to a reduction
of an amount specified therein the Secretary shall send an intimation of
the same to the Finance Department.
124. Appointment of the Standing Committees...Standing Committees may
be constituted for all or any of the following departments:
(iii) Public Health
(vi) Forest; and
Every committee so constituted shall consist of the Minister-in-charge
of the department concerned and 6 non-official members of the Praja Sabha
as the President in consultation with the Prime Minister and leaders of
different groups in the Praja Sabha may select.
Selection of non-official members...The President shall during the currency
of the budget session of the Praja sabha make the section of non-official
members for a Standing Committee on receipt of a request to that effect
from the Minister-in-charge of the department concerned.
The list of non-official members selected by the President shall be put
on the Notice-board of the Praja Sabha. Within two days of the list being
so put up any non-official members of the Praja Sabha may move a resolution
for the removal of any name appearing on the list and the substitution
of the name of any other non-official member not appearing on the list.
Vacancies...The President shall nominate members to fill vacancies as they
occur amongst the non-official nonofficial members of the Standing Committees.
In making his selection the President shall endeavour to give representation
to the group previously represented by the November whose place has to
Chairman...The Minister-in-Charge of the department concerned shall be
the Chairman of the Standing Committee.
Proceedings of Standing Committee shall not be disclosed by any member
without the leave of the Chairman and no reference to the proceedings shall
be made in the Praja Sabha except in so far as they have been disclosed
with the leave or under the orders of the Chairman.