CHAPTER XIII – MOTIONS

103. Discussion on a matter of Public Interest by Motion – Save in so far as is otherwise provided by the Constitution or by these rules, no discussion of a matter of public interest shall take place except on a motion made with the consent of the Speaker.

104. Notice of a Motion –Save as Provided by rule 110 notice of a motion shall be given in writing address to the Secretary.

105. Condition of Admissibility of a Motion – In order that a motion may be admissible it shall satisfy the following conditions, namely, that –

(i) it shall raise substantially only one definite issue;

(ii) it shall not contain arguments, inferences, ironical expressions, imputations or defamatory statements;

(iii) it shall not refer to the conduct or character of persons except in there public capacity;

(iv) it shall not raise a question of Privilege;

(v) it shall not revive discussion of matter which has been discussed in the same session or within the preceding six months, whichever is earlier;

(vi) it shall not anticipate a matter which is to be discussed in the same session; and

(vii) it shall not relate to any matter which is under adjudication by a Court of Law having jurisdiction in any part of India.

106 Speaker to Decide Admissibility of a Motion – The Speaker shall decide whether a motion or a part thereof is or is not admissible under these rules and may disallow any motion or a part thereof which is, in his opinion, an abuse of the right of moving a motion or calculated to obstruct or prejudicially affect the procedure of the House or is in contravention of these rules.

107. Motion for raising discussion on matter before Tribunals, Commissions, etc. – No motion which seeks to raise discussion on a matter pending before any statutory Tribunal or statutory authority performing any judicial or quasi-judicial functions or any Commission or court of Inquiry appointed to inquire into or investigate any matter shall be permitted to be moved:

Provided that the Speaker may in his dicretion, allow such matter to be raised in the House as is concerned with the procedure or scope or stage of inquiry, if the Speaker is satisfied that it is not likely to prejudice the consideration of such matter by the Tribunal, statutory authority, Commission or Court of Inquiry.

108. Allotment of time and discussion of motions – the Speaker may after considering the state of business in the House, allot a days or part of a day for discussion of any such motion.

109. Time-limit for speeches – The Speaker may, if he thinks fit, prescribe a time-limit for speeches.

110. Motion without Notice – The following motion may be made, if the Speaker permits, without notice-

(i) motion for condolence or congratulation,

(ii) motion for adjournment of a sitting,

(iii) motion for the withdrawal of a strangers,

(iv) motion for electing members to committees,

(v) motion for the withdrawal of a Bill, a resolution or a motion or amendment thereto,

(vi) motion for postponement of any business,

(vii) motion for closure of debate,

(viii) motion for suspension of a rule,

(ix) motion to extend duration of a sitting,

(x) motion of thanks on Governor’s address.

111. Repetition of motion – save as otherwise provided, where any motion is pending or has been disposed of no motion or amendment raising substantially the same issue or question as was involved in the earlier motion shall be moved during the pendency or, as the case may be, within six months from the date of disposal of such a motion:

Provided that nothing herein contained shall, unless the Speaker otherwise directs, be deemed to prevent the making of any of the following motions, namely-

(a) a motion for the taking into consideration or the reference to a Select Committee or a Joint Select Committee of a Bill where an amendment has been carried to a previous motion of the same kind to the effect that the Bill be circulated or re-circulated for obtaining opinion thereon;

(b) a motion, made after return of a Bill by the Governor for reconsideration of the Assembly, for an amendment relevant to the matter or matters referred for reconsideration;

(c) a motion for the amendment of a bill which is consequential on or designed merely to alter the drafting of another amendment which has been carried.

112. Motion for Postponement of Business – (1) A motion that consideration of a Bill, other than an Appropriation Bill under Article 204, which has been introduced, or of a motion other than a motion for adjournment, or of a resolution, be postponed to any future day available for such business in the same session or to any future session sine die, may be made by any member at any time, and such motion shall take precedence on other motion then before the Assembly. The Speaker after permitting a brief explanatory statement from the mover and from the member opposing, if the motion is opposed, may without further debate, put the question thereon.

(2) if a motion for the postponement of private member’s business to a specified day is carried the adjourn business shall have priority over the private member’s business fix for that day.

(3) The Speaker may disallow such motion for the postponement of business if, in his opinion, it has been made for the purpose of obstructing the business of the Assembly or for securing the adjournment of the sitting.

113. Closure – (1) At any time after a motion has been made any member may move "that the question be now put " and unless it appears to the Speaker that the motion is an abuse or these rules or an infringement of the right of reasonable debate, the Speaker shall then put the motion –

" That the question be now put"

(2) When the motion under sub-rule (1) has been carried, the questions or questions consequent thereon shall be put forthwith without further debate:

Provided that the Speaker shall allow any member a right of reply which he may have under these rule.