28. Unless the Speaker otherwise directs, the first
hour of every meeting shall be available for the asking and answering of
questions.
29. (1) A member who wishes to ask a question shall give twenty-one clear
days’ notice of such question and shall specify therein -
(a) the official designation of the Minister to whom it is addressed; and
(b) the date, which the member proposes for placing it on the list for answer.
30. Unless the Speaker otherwise directs, no question shall be placed on
the list of questions for answer until twelve days have expired from the time
when notice of such question has been given to Government by the Secretary.
31. (1) No member shall give notice of more than four questions for
answer, oral or written, for any one day of which any two may be distinguished
by an asterisk by the member concerned for which an oral answer is desired.
Questions not so distinguished shall be printed in the list of questions for
written answer.
(2) The order in which questions for oral answer are to be placed shall be
indicated by the member giving notice and, if no such order is indicated, the
question shall be placed on the list of questions for oral answer in the order
in which notices are received in point of time.
32. The time available for answering questions shall be allotted on
different days in rotation for the answering of questions relating to such
department or departments, as the Speaker may, from time to time, provide and on
each such day, unless the Speaker with the consent of the Minister concerned
otherwise directs, only questions relating to the department or departments for
which time on that day has been allotted shall be placed on the list of
questions for oral answer.
33. If any questions placed on the list of questions for oral answer on
any day is not called for answer within the time available for answering
questions on that day, the question shall be treated as a question set down for
written answer and no supplementary shall be asked in respect thereof.
34. If any question placed on the list of questions for oral answer on
any day is called for answer and the member is, either absent, without assigning
any authority to any other member for asking his question, or if present, does
not call his question, the question shall be treated as a question set down for
written answer and printed in the proceedings under a separate heading.
35. (1) A question addressed to a Minister shall relate to the public
affairs with which he is officially connected, or to a matter of administration
for which he is responsible for to a matter of public concern which is within
his special cognizance.
(2) A question addressed to a member, other than a Minister shall relate to a
Bill, resolution or other matter connected with the business of the Vidhan Sabha
for which the member is responsible.
36. In order that a question may be admissible it
shall satisfy the following conditions, namely :-
(i) it shall be clearly and precisely expressed and shall ordinarily, not exceed
two hundred words;
(ii) it shall not bring in any name or statement not strictly necessary to make
the question intelligible;
(iii) if it contains a statement, the member shall make himself responsible for
the accuracy of the statement;
(iv) it shall not contain arguments; inferences, ironical expressions,
imputations, epithets or defamatory statement;
(v) it shall not ask for an expression of opinion or the solution of an abstract
legal question or of a hypothetical proposition or for a legal interpretation of
a statute, rule or bye-law;
(vi) it shall not refer to any matter of fact on which a judicial decision is
pending or reflect on the decision of a court of law;
(vii) it shall not relate to a matter which is not primarily the concern of the
State Government;
(viii) it shall not relate to a matter which is primarily the concern of a local
authority unless there has been some intervention or there is reasonable ground
for intervention by Government;
(ix) it shall not refer to the character or conduct of any person except in his
official or public capacity;
(x) it shall not reflect on the character or conduct of any person whose conduct
can only be challenged on a substantive motion;
(xi) it shall not ask for information on a trivial matter or be vague or
meaningless;
(xii) it shall not ordinarily seek information on matters of past history or
require information set forth in accessible document or works of reference;
(xiii) it shall not relate to a service matter concerning any individual serving
under the State Government, unless the Speaker considers the matter of
sufficient importance;
(xiv) it shall not agitate matters on which an application should be made to the
State Government in the first instance;
(xv) it shall not relate to matters within the jurisdiction of the Speaker;
(xvi) it shall not raise questions of policy too large to be dealt with within
the limits of an answer to a question;
(xvii) it shall not repeat in substance questions already answered or to which
answer has been refused;
(xviii) where a question is framed with reference a report appearing in a
newspaper the question shall specify the precise point on which information is
sought and not merely ask for the varacity of the newspaper report;
(xix) it shall not ordinarily ask about matters pending
before any statutory tribunal or statutory authority performing any judicial or
quasi-judicial functions or any commission or court of enquiry appointed to
enquire into or investigate any matter;
(xx) it shall not in effect be a short speech or limited to giving information
or framed so as to suggest its own answer or convey a particular point of view;
(xxi) it shall not purport to make a suggestion.
37. In matter which are or have been the subject of controversy between
the Government of India and the State Government no question shall be asked,
except as to matters of fact and the answer shall be confined to a statement of
fact.
38. The Speaker shall decide whether a question or a part thereof or is
not admissible under the rules and may disallow any question or a part thereof
which, in his opinion, is an abuse of the right of questioning or is in
contravention of the rules;
Provided that he may amend it in form or give the member concerned an
opportunity of amending it.
39. If in the opinion of the Speaker, the nature of any question or a
class of questions is such that a written reply would be more appropriate, the
Speaker may, direct that such question be placed on the list of questions for
written answer.
Provided that the Speaker may, if he thinks fit, call upon the member who has
given notice of a question for a oral answer to state in brief his reasons for
desiring an oral answer and, after considering the same may direct that the
question be included on the list of questions for written answer.
40. (1) If in the opinion of the Speaker, any question of which notice
has been received from a member needs to be modified or divided into different
questions or any two or more questions need to be consolidated into one single
question, the Speaker may admit the question with necessary modifications, or
may divide the question or consolidate the relevent question into one.
(2) The Speaker may, for the purpose of proper admission of a question may
require from the member given notice of the question to furnish such information
or clarification as may be considered necessary and the notice of question shall
thereupon be deemed to have been given on the date on which such information or
clarification is received in the office of the Speaker.
(3) The Speaker may also require Government to supply such information as may be
considered necessary by him for deciding the admissibility of the question and
such information shall be supplied forthwith.
41. A member may, by notice given at any time before the meeting for
which his question has been placed on the list, withdraw his question or
postpone it to a later day to be specified in the notice and on such later day
the question shall, subject to the provisions of rule 32 be placed on the list
after all questions which have not been so postponed :
Provided that a postponed question shall not be placed on the list until two
clear days have expired from the time when the notice of postponement has been
received by the Secretary.
42. Where a reference is made to a member in
connection with the notice of a question and no reply is received or a reply is
received from him too late for the consideration of the Speaker and the placing
of the question, if admitted, on the list of question for an appropriate date,
such notice shall be deemed to have lapsed.
43. (1) When the time for asking the question arrives, the Speaker shall
call successively each member in whose name a question appears on the list of
questions.
(2) The member so called shall rise in his place and unless he states that it is
not his intention to ask the question standing in his name he shall ask the
question by reference to its number on the list of questions.
44. If at the time when a question is called the Member in whose name it
stands is absent, any other Member authorised by him, if the Speaker permits,
may put it.
45. (1) A question of which notice has been given or a question and
answer included in a list of questions and answers for any day supplied to
members shall not be published until the questions have been answered.
(2) When the question hour is eliminated owing to the cancellation of meeting of
Vidhan Sabha or its adjournment without transacting any business, all the
questions, both starred and unstarred, originally entered in the list of
questions for that day shall be treated as unstarred questions for the next
meeting and shall be printed alongwith their answer in the proceeding of the
later day.
(3) When the question hour of a meeting is dispensed with but the meeting itself
is not cancelled, all starred questions and their answers together with the
answers of the unstarred question, if any, shall be printed in the proceedings
for that day.
46. (1) The list of questions and answers for any day shall ordinarily be
made available for the perusal of the members on the day before such list is
answered in the Vidhan Sabha.
(2) Not more than 25 starred questions shall be included in the starred portion
of the list of questions and answers. Starred questions in excess of 25 shall be
converted into unstarred questions and shall be printed under a separate heading
before the unstarred questions for the day.
(3) First of all, not more than one starred questions of any one member shall be
included in the starred portion of the list of questions and answers. The
precedence of the questions shall be arranged in the same order of the questions
in which order the questions of the members may have been drawn by ballot. In
the event of the number of the questions in the first round of the starred
portion falling below twenty five, the second question of the other members may
be included in the order of their questions so that the number of the starred
questions may reach up to twenty five.
(4) In the event of any starred question of any list of questions and answers
being transferred to the list of questions and answers for any other day, the
number of the starred questions of the list of questions and answers for that
day may exceed twenty five only by as many questions as may have been
transferred or adjourned.
(5) The Speaker shall call starred questions entered in the list for the day in
the order in which they stand in the list within the time available for
questions.
47. The Speaker may make regulations for notice, admission and putting
and answering of questions and supplementary questions.
48. (1) Any member may put a supplementary question
to a starred question after it is called by the Speaker for the purpose of
further elucidating any matter of fact regarding which an answer has been given
:
Provided that number of such supplementary questions shall not exceed three
unless the Speaker allows it.
(2) The Speaker may disallow any supplementary question if in his opinion, it
infringes the rules regarding questions or if a sufficient or reasonable number
of supplementary questions has already been put in respect of the same question.
(3) The unstarred questions and answers included in the list for the day will
not be called, but they will be printed in the proceeding under the heading
“unstarred question.”
49. No discussion shall be permitted in respect of any questions or of
any answer given to a question.
50. (1) A question relating to a matter of public importance may be asked
with shorter notice than twenty one clear days and if the Speaker is of opinion
that question is of an ungent character he may direct that an enquiry may be
made from the Minister concerned if he is in a position to reply and if so, on
what date..
(2) If the Minister concerned agrees to reply, such question shall be answered
on a day to be indicated by him and shall be called immediately after the
questions which have appeared on the list of questions for oral answer have been
disposed of.
(3) If the Minister is unable to answer the question at short notice and the
Speaker is of opinion that the question is of sufficient public importance to be
orally answered in the House, he may direct that the question be placed as the
first question on the list of questions for the day on which it would be due for
answer under rule 29 :
Provided that not more than one such question shall be accorded first priority
on the list of questions for any one day.
(4) Where two or more members give short notice questions on a subject matter
similar in substance and one of the question is accepted for answer at short
notice, names of the other members shall be bracketed with the name of the
member whose question has been accepted for answer :
Provided that the Speake may direct that all the notices be consolidated into
single notice, if, in his opinion, it is desirable to have a single
self-contained question covering all the important points raised by members and
the Minister shall then give his reply to the consolidated question :
Provided further that in the case of a consolidated question the names of all
the members concerned may be bracketed and shown against the question in the
order of priority of their notice.
(5) Where a member desires an oral answer to a question at a shorter notice, he
shall briefly state the reasons for asking the question with short notice. Where
no reasons have been assigned in the notice of the question, the question shall
be returned to the member.
(6) The member who has given notice of the question shall be in his seat to read
the question when called by the Speaker and the Minister concerned shall give a
reply immediately :
Provided that when a question is shown in the name of more than one member, the
Speaker shall call the name of the first member or in his absence any other
name.
(7) In other respects, the procedure for short notice
questions shall be the same as for ordinarily questions for oral answer, with
such modifications as the Speaker may consider necessary or convenient.
51. The answers to all questions not fully answered on that due date on
account of the non-receipt of information, shall be laid on the Table of the
House on the opening day of the next session :
Provided that it shall not be necessary to lay on the Table of the House answers
to such questions asked in a session immediately preceding the dissolution of
the Vidhan Sabha whether such dissolution occurs by efflux of time or otherwise. |