Odisha Legislative Assembly
The Orissa Legislative Assembly consists of 147 members. The life of the Assembly is 5 years from the date appointed for its first meeting beginning with the address of the Governor under Article 176 (1), unless sooner dissolved. The expiry of the said period of 5 years operates as a dissolution of the Assembly.
Article 188 of the Constitution prescribes that the members have to take the oath or make affirmation before taking their seats in the Assembly in the prescribed form. The Governor himself may administer oath or affirmation to the members or he may appoint some person for the purpose. When the name of a member is called by the Secretary, he will proceed from the place he is occupying to the Secretary's table, where a copy of the form of oath or affirmation, as the case may be, will be handed over to him on production of the certificate of election. The member will then proceed to right side of the table on the dais and face the Chair while making the oath or affirmation and will then sign his name and then shake hands with or wish the Chair who will then give the member permission to take his seat in the House. The member will pass behind the Chair and sign the Roll of Members placed on the Secretary's table. After signing the Roll, he will take his seat. Members who are elected in the bye-election will have to take their oath before the Speaker and then sit in the House.
The Members shall sit in the House in the order fixed by the Speaker so as to facilitate identification of members by the Speaker.
The Governor fixes a date for the election of the Speaker. Notice of the date so fixed by the Governor will be sent to every member under Rule 6 (1) of Rules of Procedure and Conduct of Business in the Orissa Legislative Assembly. At any time before noon on the day preceding the date so fixed, any member may give notice in writing address to the Secretary of a motion that another Member may be chossen as the Speaker and the notice shall be seconded by a third Member and shall be accompanied by a statement by the Member whose name is proposed that he is willing to serve as Speaker if elected. The motion shall be put one by one in the order in which they have been moved and decided, if necessary by the division.
The same procedure will apply to the election of Deputy Speaker, except that the date is fixed by the Governor when there is no Speaker, and by the Speaker when there is one as required under Rule 7.
As provided under Article 176 (1) of the Constitution, at the commencement of the first session after the general election to the Assembly and at the commencement of the first session of each Calendar year, the Governor shall address the Assembly and inform the Legislature of the causes of its summons. The Governor may also address the Assembly and may for that purpose require the attendance of Members under Article 175 (1) of the Constitution. A programme of ceremonials to be observed on the occasion of the Governor's Address is issued separately. Amendments on motion of thanks on Governor's Address Amendments may be moved to such motion by way of additional words at the end but not otherwise on such notice being given as the Speaker may determine. Norms to be observed during Governor's Address Recommendation of the Committee appointed by the Speaker on the 5th April, 1968 to lay down norms to be observed when Governor Addresses the House which was presented to the House on the 16th April, 1968, is reproduced below for the information of Members :- "The Committee were of the opinion that in no form disrespect should be shown to the Governor while he is addressing the Assembly. In stead of providing in the Rules to deal with such matters it would be desirable to lay down the norms to be observed by members when the Governor Addresses the Assembly, as follows :- (i) That any disorderly conduct on the part of Members during the occasion of Governor's Address affects the dignity of the Governor, the House and its Members ; (ii) That the Governor's Address is a statement of Government policy, of which, as the constitutional head, he is the mouthpiece. As such there should be solemnity, dignity and decorum during the occasion; (iii) That the Members should listen to the Governor with decorum and dignity which is a constitutional obligation ; (iv) That the Governor is a part of the Legislature under Article 168 and as such Members must show respect ; (v) That it is open for the House to take action against members for their undignified action which is contrary to the oath taken by them ; (vi) When the Governor is in the House, if any Member interrupts or obstructs the Governor, either before, during or after the address with any speech or point of order or walkout or in any other manner, such action may be considered as a grossly disorderly conduct and may be dealt with by the House in such manner as the House may deem fit." After the departure of Governor the House will reassemble with the Speaker in the Chair and normally at this stage a Motion (Called Motion of Thanks) thanking the Governor for the address, will be moved and seconded. Norms prescribed under the rules 185 and 189 of Rules of Procedure and Conduct of Business . While the Assembly is sitting, a Member – (i) shall not read any book, newspaper or letter except in connection with the business of the Assembly. (ii) shall not interrupt any member while speaking by disorderly expression or noises or in any other disorderly manner. (iii) shall bow to the Chair while entering or leaving the Assembly and also when taking or leaving his seat ; (iv) shall not pass between the Chair and any Member who is speaking ; (v) shall not leave the Assembly when the Speaker is addressing ; (vi) shall always address the Chair ; (vii) shall keep to his usual seat while speaking ; (vii) shall maintain silence when not speaking in the Assembly ; and (ix) shall not obstruct proceedings or interrupt and shall avoid making running commentaries when speeches are being made in the Assembly.[Rule 185] A Member while speaking, shall not – (i) refer to any matter of fact on which a judicial decision is pending ; (ii) make a personal charge against a Member ; (iii) use offensive expression about the conduct or proceedings of Parliament or any State Legislature ; (iv) reflect upon the conduct of the President or any Governor or any Court of Law in exercise of its judicial function; (v) use the President's name or the name of Governor for the purpose of influencing the debate ; (vi) utter treasonable, seditious or defamatory words ; (vii) use his right of speech for the purpose of obstructing the business of the Assembly ; (viii) make allegations of a defamatory or incriminatory nature against any person, unless the Member has given adequate advance notice to the Speaker and also the Minister concerned so that Minister may be able to make an investigation into the matter for the purpose of a reply : Provided that the Speaker may at any time prohibit any member from making any such allegation if he is of the opinion that such allegation is derogatory to the dignity of the House or that no public interest is served by making such allegation; (ix) reflect on any determination of the House except on a motion for rescinding it; (x) refer to Government officials by name ; (xi) make any reference to strangers in any of the galleries and (xii) read a written speech except with the previous permission of the Chair. [Rules 189] Resolution Adopted in All India Conference of Presiding officers, Leaders of Parties and Whips on Discipline and Decorum in the Parliament and State Legislatures held in Central Hall in the Parliament on the 23rd and 24th September, 1992. The Presiding Officers, Leaders of parties, Minister of Parliamentary Affairs and party Whips in Parliament and State Legislatures and Senior Parliamentarians and Legislators, having met in a Conference in New Delhi on the 23rd and 24th September, 1992 and deliberated on the need for more meaningful, effective and orderly functioning of the House of Parliament and State Legislatures. (1) Feel greatly satisfied that the Parliamentary system has taken firm roots in the country notwithstanding the challenges from within and outside ; (2) Compliment the people of India for their continued faith in the principles and ideals of democracy and reaffirmation of their allegiance to the Parliament and Parliamentary Institutions ; (3) Reiterate their responsibilities and duties to protect and preserve the hard-won freedom, strengthen the unity of the people, defend the integrity of the country and achieve for the people a life of peace, prosperity and happiness. (4) Agree unanimously that with a view to preserving the democratic and secular fabric and strengthening the parliamentary Institution it is necessary that: (i)At the time of address by the President to the members of both the House of Parliament and at the time of address by the Governor to the Houses of Legislatures decorum and dignity respect be shown to the President and the Governor ; (ii)The Question time should be utilised fully and effectively as a well established device to ensure accountability of the Administration and that the demand for; the suspension of the Question Hour should not be made and acceded to except with the consensus in the House to discuss a matter of very urgent nature and exceptional importance; (iii)The Legislatures should hold sufficient number of sittings in a year with a view to affording adequate opportunities to the Legislators to deliberate ; (iv)Members should scrupulously observe the Rules of procedure in order to maintain order and decorum in the House ; and (v) The Committee system be strengthened in the Parliament and State Legislatures in order to enable in depth study and closer scrutiny as well as to ensure accountability of the Executive to the Legislature. (5) Suggest that the Political parties evolve a code of conduct for their Legislators and ensure its observance by them and (6) Urge that the Political parties, Government at the Centre and in the States, the Press and other concerned should help to create a climate conducive to the healthy growth of Parliamentary system in the Country.
The Governor from time to time summons the Assembly to meet at such time and place as thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. The Governor may also from time to time prorogue the Assembly or dissolve the Assembly. When the Governor summons the Assembly, summons are sent to each member by name, indicating the date, time and place appointed by the Governor for the session of the Assembly. Prorogation by the Governor terminates the session of the Assembly and within a session the Speaker may adjourn the House from time to time or adjourn sine die. No. of sessions to be held in a year Subject to Article 174 of the Constitution of India read with rule 11 of Rules of Procedure and Conduct of Business in the Orissa Legislative Assembly in every calendar year the Assembly shall have not less than three sessions with minimum 60 sittings days : Playing of National Anthem and recital of Bande Utkal Janani At the commencement of each session after the announcement of Governor/Speaker's Arrival at the dais the National Anthem "JANA GANA MANA" is to be played. Similarly at the time of departure of the Governor from the House after address the National Anthem is to be played again. On the concluding day of each session i.e., before adjournment of the House sine die, the patriotic song praising Mother Utkal "VANDE UTKAL JANANI" composed by late Kanta Kabi Lakshmi Kanta Mohapatra is to be recited. Provisional Calendar of Sittings Provisional Calendar of sittings on days allotted for the transaction of Government as well as Private Members' business is issued to all Members by the Secretary as per orders of Speaker. Attendance Register Article 190 (4) of the Constitution provides that if for a period of sixty days a member is, without permission of the House, absent from all meetings thereof, the House may declare his seat vacant. In computing the said period of sixty days, the period when the House is prorogued or adjourned for more than four consecutive days is not taken into account. In view of this specific provision it is necessary to record the attendance of members and therefore register is maintained for the purpose. Members are required to sign the register on the day (s) they attend the sitting (s) of the Assembly. To facilitate members, a list of names of members which serve as attendance register for each sitting day is placed daily in the Lobby of the Assembly for the signature of Members. Time and duration of sittings Unless the Speaker otherwise desires, the sitting of the Assembly shall commence at 1030 Hours and conclude at 1900 Hours with a lunch break of two hours which shall be from 1300 Hours to 1500 Hours. Speaker was under special circumstance allowed the House to continue till 2100 Hours.
As provided under Article 189 of the Constitution the quorum to constitute a sitting of the Assembly shall be one- tenth of the total number of the members. If at any time it is brought to the notice of the Chair that there is no quorum, the quorum bell will ring. Mode of notice to be submitted by the members of the Assembly All notices of Questions, Resolutions, Calling the Attention of Ministers, Discussion for Short Duration, Bills, Amendments, etc., shall be given in writing signed and addressed to the Secretary and shall be delivered between 10-30 A. M. to 3 P.M. on any working day in the Notice Office-cum-members' Assistance Branch. Notice received after 3 P.M. shall be treated as given on the next working day. The notice period of the following items of business is as follows:- Questions - 14 clear days (Rule37) Resolutions -15 clear days (Rule-98-B) Amendments to resolutions – 3 clear days (Rule 103) Private Members' Bills -30 clear days (Rule 66) Amendment to Bills-2 clear days (Rule 81) Motions -15 days (Rule 111) Motions for reduction of demands,i.e.Cut-Motions-5 days (Rule 124). Half-an-hour discussion -3 days (Rule 57) Resolution for removal of Speaker -14 days (Article 179) Adjournment Motion-One hour before the sitting (Rule 59).
It is customary to make obituary references in the House on the passing away of sitting members, former members, sitting/Ex-Governor of the State and outstanding personages of national and international repute under the established convention of the House. Obituary reference is being made at the commencement of the sitting before Question Hour.
For the purpose of answering questions, the Departments of Government are divided into groups and dates are fixed for each group. The Ministers concerned are required to answer the questions relating to the group. The first hour of every sitting of the Assembly is available for answering questions. Questions are classified as Starred Questions, Unstarred Questions and short notice Starred Questions. If a member desires oral answer, he should indicate the question by putting an asterisk mark (*) before it. The questions are answered in the order in which they are printed in the list of questions put for the day. No member shall give notice of more than three such questions for any sitting day. The Speaker calls the Member in whose name the question appears in the list of questions and on being called the member rises in his place and unless he states that he does not intend to ask the questions, he shall ask the question by referring to its number in the list. Supplementary questions can be asked for the purpose of eliciting further information on any matter of fact. A member who desires to put supplementary questions should be quick to catch the Speaker's eye, failing which he may lose the chance. The Speaker decides the number of supplementaries according to the importance of a question. On urgent matter and matters of public importance, members may put short notice questions, in which case notice period of 14 clear days is not observed. If the Speaker is of the opinion that the question is really of such character, he may direct that an inquiry may be made form the Minister, if he is in position to reply with shorter notice and if so, on which date. If the Minister is unable to answer, the question is disallowed but if the Speaker is of the opinion that the question is of sufficient public importance, he may direct that it be answered as the first question on the day allotted to the group. Notices of questions must be in writing. Forms for giving notice of questions are supplied to members on request. It will facilitate the office if only one question is written on one form. In order that a question may be admissible, it must satisfy the various conditions detailed in the Rules of Procedure and Conduct of Business in the House. The Speaker decides the admissibility of questions. After a question is admitted, it is sent to the department concerned for furnishing answers to the Minister concerned. List of Starred, Unstarred and Short Notice question are drawn for each category and circulated to all concerned. Questions are listed as per the order of priority determined by ballot. The dates on which ballot will be held are intimated to members sufficiently in advance. Members are free to witness the ballot. Any member may give notice to raise a half-an-hour discussion on matter of sufficient public importance which has been the subject of a question, oral or written and the answers need elucidation on matter of fact. The Speaker may allot half-an-hour on three sittings in a week for such discussion.
Privileges are the special rights enjoyed by the Legislative Assembly, its members and committees of the House. Article 194 of the Constitution deals with the privileges of the House or of its committees. The matter of privilege should relate to a specific matter of recent occurrence. If the Speaker considers that the matter to be raised is in order, he may give his consent for raising the same, which shall be after the Question Hour and before the list of business for the day is entered upon. If objection is taken, the Speaker requests the members who are in favour of leave being granted to rise in their places. If not less than ten members rise, accordingly the Speaker informs that leave being granted to rise in their places. If not less than ten members rise, accordingly the Speaker informs that leave is granted. After leave is granted, the Assembly may consider the matter and come to a decision or refer it to a Committee of Privileges on a motion made either by the member who has raised the question of privilege or by any other member. The Speaker may also refer any matter of privilege to the Committee of Privileges.
A motion for the adjournment of the House for the purpose of discussing a definite matter of urgent public importance may be made with the consent of the Speaker. Notice of an adjournment motion shall be given in the prescribed form to the Secretary in triplicate addressed to the Speaker, the Minister concerned and the Secretary one hour before the commencement of the sitting on the day on which the motion is proposed to be made. If the Speaker consents and permits the Member to raise the matter, it can be raised after question and before the commencement of the other business in the agenda for the day. Thereupon the member will ask for leave to move for adjournment of the business of the House. If objection to leave being granted is taken, the Speaker shall request those members who are in favour of leave being granted to rise in their places and if not less than fourteen members rise accordingly the Speaker shall intimate that leave is granted. If the Speaker is not in possession of full facts about the matter he may hear the Minister concerned and the signatories to the notice on facts before giving his consent to raise the matter in the House. The Speaker may hear five members who have given notice of the motion and if calling attention on the same subject has been received four signatories to calling attention notice may put a question each.
Matters which are not Points Of Order or which cannot be raised under the rules relating to Questions, Short Notice Question, Calling Attention, Motions, etc. can be raised as Submission. This procedural device provides another opportunity to the members to make statements on matter of general public interest. Notice for raising such a matter is to be given in the prescribed form by a member in writing briefly in one day advance of the date on which the submission is intended to be made. After the Speaker gives his consent the member can raise the matter. This item of business is not included in the Order Paper . However, it is generally taken up after question and before the list of business is entered upon. The member being called upon by the Speaker makes a statement. The statement so made are sent to concerned Department for reply within five days and the reply so received are sent to members concerned. It is not mandatory for the Minister concerned to make any statement then and there in reply to the submission.
A member may give notice of his intention to call the attention of a Minister to any matter of urgent public importance in the prescribed form. If the notice is admitted by the Speaker a copy up the notice will be sent to the Minister concerned. On the day appointed for taking up the matter and when the member is called upon by the Speaker, he should not make any speech on the proposed matter, but should call the attention of the Minister by reading the notice. Thereupon, the Minister will make a statement and each member in whose name the item stands may ask a question. Not more than two such matters shall be raised at the same sitting. In respect of the second calling attention notice the statement may be laid on the table by the Minister and a copy thereof supplied to the concerned members.
The Legislature cannot pass rules to carry out the intention and purpose of the Acts by themselves as it will involve lot of time and difficulties and so, powers are delegated to the Executive to frame rules to carry out the intentions and purposes of the Act. In order to have a check on the Executive, so that it does not assume to itself more powers than those conferred in the Act, the Legislature insists that all the rules framed under the Act, should be laid on the table of the House and be subject to such modifications or alteration as the legislature may make within a certain period from the date of laying the rules on the Table. Under the provision, the rules etc. are laid on the Table of the House. Members may give notice of amendments to the rules laid on the Table under the Act. These rules and notifications etc. are examined by the Committee on Subordinate Legislation. Reports to be laid Reports of various Public Undertakings established by Central Act and Public Undertakings which are Government Companies formed under the Companies Act are laid on the Table of the House by the Minister concerned which are subsequently examined by the Committee on Papers laid on the Table. Reports to be presented Reports of various Committees of the House constituted under the Rules of Procedure and Conduct of Business of Orissa Legislative Assembly or formed under specific motions adopted by the House are presented before the House by the Chairman of concerned Committee. These reports are not generally discussed in the House. Papers quoted to be laid A private member may lay a paper on the Table of the House when he is authorised to do so by the Speaker, by duly authenticated by him. (1) If a private member desires to lay a paper or document on the Table of the House, he shall supply a copy thereof to the Speaker in advance so as to enable him to decide whether permission should be given to lay paper or document on the Table. If the Speaker permits the member to lay the paper or document on the table, the member may at the appropriate time lay it on the Table. (2) (i) If in course of his speech, a member wishes to lay a paper or document on the Table without previously supplying a copy thereof to the Speaker, he may hand it over at the Table but it will not be deemed to have been laid on the Table unless the Speaker, after examination, accords the necessary permission. (ii) If the Speaker does not accord the necessary permission, the paper or document shall be returned to the member and the fact indicated in the printed debates. Discussion for Short Duration Any member desirous of raising discussion on a matter of urgent public importance, may give notice in the prescribed form specifying clearly and precisely the matter to be raised, and it has to be accompanied by an explanatory note stating the reasons for raising the discussion. The notice shall be supported by signatures of at least two other members. The Speaker will decide on the admissibility of the notice and if admitted fix, in consultation with the Leader of the House, the date on which the matter is to be taken up for discussion and allow such time for discussion not exceeding one hour. There will be no formal motion before the Assembly for voting. Private Members' Business The last two and half hours of a sitting on Friday shall be allotted for the transaction of private member's business. The Speaker may allot different Fridays for different classes of such business. The Speaker may in consultation with the Leader of the House allot any day other than a Friday for the transaction of the Private Members’ business. If there is no sitting of the House on a Friday, the Speaker may direct that two and half hours on any other day in the week may be allotted for Private Members' business. Provided that for timely completion of financial business, Fridays can be devoted for transaction of such business in consultation with Business Advisory Committee. On such event equal number of days in the Session shall be allotted for Private Members business.
1. A resolution may be in the form of a declaration of opinion or a recommendation, or may be in the form so as to record either approval or disapproval by the House of an Act or policy of Government, or convey a message, or command, urge or request an action, or call attention to a matter or situation for consideration by Government or in such other form as the Speaker may consider appropriate. 2. A subject to the provisions of these rules, a member or a Minister may move a resolution relating to a matter of general public interest. 3. (i) A member other than a Minister who wishes to move a resolution shall give fifteen clear days notice of his intention and shall, together with the notice, submit the text of the resolution which he wishes to move : Provided that the Speaker with the consent of the Minister in- charge of the Department to which the resolution relates may admit it with shorter notice than fifteen days. (ii) No member shall give notice of more than three resolutions for each day allotted for disposal of Private Member's resolutions. 4. Conditions of admissibility of resolution are laid down under rule 98 of the Rules of Procedure and Conduct of Business in the Orissa Legislative Assembly. 5. The Speaker shall decide the admissibility of a resolution and may disallow a resolution or a part thereof when in his opinion it does not comply with these rules. 6. (i) A member in whose name a resolution stands in the List of Business shall except when he wishes to withdraw it, when called upon, move the resolution, in which case he shall commence his speech by a formal motion in the terms appearing in the List of Business. (ii) A member may, with the permission of the Speaker, authorise any other member in whose name the same resolution stands lower in the List of Business, to move it on his behalf and the member so authorised may move accordingly. (iii) If a member other than Minister when called on is absent, any other member authorised by him in writing in his behalf may, with the permission of the Speaker, move the resolution standing in his name. 7. (i) After a resolution has been moved, any member may, subject to the rules relating to resolutions, move an amendment to the resolution. (ii) If notice of such amendment has not been given three days before the day on which the resolution is moved, any member may object to the moving of the amendment, and such objection shall prevail, unless the Speaker allows the amendment to be moved. (iii) The Secretary shall, if time permits, make available members from time to time, list of amendments of which notices have been given. 8. No speech on a resolution except with the permission the Speaker, shall exceed fifteen minutes in duration. Provided that the mover of a resolution when moving the same and the Minister concerned when speaking for the first time, may speak for thirty minutes or for such longer time as the Speaker may permit. 9. The discussion of a resolution shall be strictly relevant to and within the scope of resolution. 10. (i) A member in whose name a resolution stands in the list of business may, when called upon, withdraw the resolution in which case he shall confine himself to a mere statement to that effect. (ii) A member who has moved a resolution of amendment to a resolution shall not withdraw the same except by leave of the Assembly. (iii) If a resolution which has been admitted is not discussed during the session, it shall be deemed to have been withdrawn. 11. (i) When an amendment to any resolution is moved, or when two or more such amendments are moved, the Speaker shall, before putting the question, state or read to the Assembly the terms of the original motion and of the amendment or amendments proposed. (ii) It shall be in the discretion of the Speaker to first to the vote either the original motion or any of the amendments which may have been brought forward. 12. (i) When a resolution has been moved no resolution or amendment raising substantially the same question shall be moved within one year from the date of the moving of the earlier resolution. (ii) When a resolution has been withdrawn with the leave of the Assembly, no resolution raising substantially the same question shall be moved during the same session.
1. (i) Save in so far as otherwise provide in the Constitution or in the Rules of Procedure and Conduct of Business in the Orissa Legislative Assembly, no discussion of a matter of General Public interest shall take place except on a motion made with the consent of the Speaker. (ii) A member who wishes to move a motion (other than motion for which a specified period is otherwise prescribed) shall give notice of his intention to the Secretary two days in the case of motion of an amendment and fifteen days in the case of other motions before the meeting at which he intends to move the motion: Provide that the Speaker may, in his discretion admit at any time any motion at shorter notice than that prescribed in these rules or may admit a motion without notice. (iii) Votes may be taken by voices, or by division and shall always be taken by division, if any member so desires. 2. (i) In order that motion may be admissible, it shall satisfy the conditions laid down under rule 113-A (I). (ii) 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 when in his opinion it is an abuse of the right of moving a motion or is calculated to obstruct or prejudicially affect the procedure of the Assembly or is in contravention of these rules. 3. (i) If the Speaker admits notice of a motion given in written addressed to the Secretary and no date is fixed for the discussion of such motion it shall be immediately circulated as no-day-yet named motion for information of all concerned. (ii) The Speaker may, after considering the state of the business in the House and in consultation with the Leader of the House, allot time for the discussion of any such motion. (iii) The Speaker shall, at the appointed hour on the allotted days or the last of the allotted days, as the case may be, forthwith put every question necessary to determine the decision of the House on the original question. 4. A motion that the policy or situation or statement or any other matter be taken into consideration shall not be put to the vote of the House, but the House shall proceed to discuss such matter immediately after the mover has concluded his speech and no further question shall be put at the conclusion of the debate at the appointed hour unless a member moves a substitute motion in appropriate terms to be approved by the Speaker and the vote of the House shall be taken on such motion. 5. The Speaker may, if he thinks fit, prescribe a time limit for speeches. 6. A member who has made a motion may withdraw the same by leave of the Assembly. 7. If an amendment has been proposed to a motion, the original motion shall not be withdrawn until the amendment has been disposed of.
1. A bill is a draft of an Act introduced in the Legislature by the Minister. It consists of (1) the title, (2) the enacting formula, (3) the body of the Bill which is divided into clauses with the statement of objects and reasons. Introduction of Bill 2. The Speaker may order the publication of any Bill (together with the statement of objects and reasons accompanying) in the Gazette, although no motion has been made 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 in afterwards introduced, it shall not be necessary to publish it again. The Speaker shall cause a copy of the notice and of the Bill together with the statement of objects and reasons to be forwarded to the Secretary to the Governor and the Law Department. 3. (i) Whenever a Bill seeking to replace and ordinance with or without modification is introduced in the House, that shall be placed before the House alongwith the Bill, a statement explaining the circumstances which had necessitated immediate legislation by ordinance. (ii) Whenever an ordinance, which embodies wholly or partly or with modification the provisions of a Bill pending before the House, is promulgated a statement explaining the circumstances, which had necessitated immediate legislation by ordinance shall be laid on the Table during the Session following the promulgation of the ordinance. 4. If a motion for leave to introduce a Bill is opposed the Speaker after permitting, if he thinks fit, a brief explanatory statement from the member who opposes and from the member who moves the motion may, without further debate, put the question thereon. 5. 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. 6. (i) Any member may ask for any paper or return connected with any Bill before the Assembly. (ii) The Speaker shall determine, either at the time or at the meeting of the Assembly next following whether the papers or returns asked for can be given. Motions after introduction of Bill 7. When a Bill is introduced or on some subsequent occasion, the Member-in-Charge may make one of the following motions in regard to his Bill, namely:- (i) that it be taken into consideration; or (ii) that it be referred to a Select Committee composed of such members of the Assembly and with instruction, if any, to report before such date as may be specified in the motion; or (iii) that it be circulated for the purpose of eliciting opinion thereon by a date to be specified in the motion: Provided that no such motion shall be made until after copies of the Bill have bee made available for the use of members and that any member may object to any such motion being made unless copies of the Bill have been so made available for seven days before the day on which the motion is made and such objection shall prevail unless the Speaker allows the motion to be made. 8. (i) On the date on which any motion referred to in Rule 70 is made or on any subsequent date to which discussion thereof is postponed, the principle of the Bill and its provision may be discussed generally, but the details of the Bill shall not be discussed further than is necessary to explain its principles. (ii) At this stage no amendments to the Bill may be moved, but- (a) 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. (b) 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 date to be specified in the motion. (iii) Where a motion that a Bill be circulated for the purpose of eliciting opinion thereon is carried and the Bill is circulated in accordance with that direction and opinions are received thereon, the Member-in -Charge if he wishes to proceed with the Bill thereafter, shall move that the Bill be referred to a Select Committee unless the Speaker allows a motion to be made that the Bill be taken into consideration. 9. No motion that the Bill be taken into consideration or be passed shall be made by any member other than the Member-in-Charge of Bill and no motion that a Bill be referred to a Select Committee or be 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 10. With regard to reference of the Bill to Select Committee and the procedure adopted thereon are laid down under the Rule 73 to 80 of the Rules of Procedure and Conduct of Business in the Orissa Legislative Assembly. Amendments to clauses, etc. and consideration of Bill 11. (i) If notice of an amendment has not been given two days before the day on which the Bill is to be considered any member may object to the moving of the amendment and such objection shall prevail unless the Speaker allows the amendment to be moved : Provided that in the case of Government Bill, an amendment of which notice has been received from the Member-in-Charge has ceased to be a Minister or a Member and such amendment shall stand in the name of the new Member-in-Charge of the Bill. (ii) The Secretary shall, if time permits make available to members from time to time lists of amendments of which notices have been received. 12. Conditions of admissibility of amendments are detailed under Rules 82 of the Rules of Procedure and Conduct of Business in the Orissa Legislative Assembly. 13. Amendment shall ordinarily be considered in the order of the clauses of Bill to which they respectively relate. 14. An amendment moved may by leave of the Assembly but not otherwise be withdrawn on the request of the member moving it. If an amendment has been proposed to an amendment, the original amendment shall not be withdrawn until the amendment proposed to it has been disposed of. Passing Of Bill 15. (i) When a motion that a Bill be taken into consideration has been carried and no amendment of the Bill is made, the Member-in-Charge may at once move that the Bill be passed. (ii) If any amendment of the Bill is made, any member may object to any motion being made on the same day that the Bill be passed and such objection shall prevail unless the Speaker allows the motion to be made. (iii) Where the objection prevails, a motion that the Bill be passed may be brought forward on any future day. (iv) No amendments, not being merely verbal shall be made to any Bill after such a motion is moved. 16. The discussion on a motion that the Bill be passed shall be confined to the submission of arguments either in support of the Bill or for the rejection of the Bill without going into it details. 17. When a Bill which has been passed by the Assembly is returned by the Governor for reconsideration, the point or points referred for reconsideration shall be put before the Assembly by the Speaker and shall be discussed and voted upon in the same manner as amendments to a Bill, or in such other way as the Speaker may consider most convenient for their consideration by the Assembly. Adjournment of Debate and Withdrawal and Removal of Bill 18. (i) At any stage of a Bill which is under discussion in the Assembly, a motion that the debate on the Bill be adjourned may be moved with consent of the Speaker. (ii) The Member who has introduced a Bill may at any stage of the Bill move that the Bill be withdrawn: Provided that where a Bill has been referred to a Select Committee, notice of any motion for the withdrawal of the Bill shall automatically stand referred to the committee and after the Committee has expressed its opinion in a report to the Assembly the motion shall be set down in the list of business. (iii) If a motion for leave to withdraw a Bill is opposed the Speaker may, if he thinks fit permit the Member who moves and the Members who opposes the motion to make brief explanatory statements and may thereafter, without further debate, put the question. Procedure regarding Non-Official Bills Members may give notice of Bills. In the first instance the Members should give 30 days notice of their intention to move for leave to introduce a Bill and send a copy of the Bill together with a statement of objects and reasons. An intimation will be sent to the concerned Member if the Bill requires the recommendation of the Governor for introduction or for its consideration. It is the responsibility of the Member-in-Charge to obtain Governor's recommendation and annex to the notice. On the day on which the item is included in the agenda, the Member concerned should move for leave to introduce the Bill and after the leave is granted formally to introduce the Bill. The Bill after introduction, will be published in the Gazette. If the Bill does not require the recommendation of the Governor for its consideration, the Member concerned should give notice of his intention to move for consideration of the Bill and for the Bill being passed. Governor's (or President's ) Assent to Bill Assent is the final stage in the making of a law. It is the Act where by the Governor (or President, if a Bill is reserved for his assent) gives his assent to the Bill passed by House after which it is published as an Act of the Legislature.
An amendment is an alternation proposed or made in a motion. It must be either to insert certain words in the motion or Bill or to leave out certain words or substitute others. Notice of amendments should be in writing, signed and given to the office before the time prescribed for its receipt. Members, who give amendments should clearly indicate to which clause or sub-clause of a Bill their amendments relate. Amendments received in the office after the prescribed time are liable to be rejected. No notice of amendment need to be given for deleting a whole clause in a Bill. Members who want the deletion of a whole clause may oppose the clause itself when it is put to vote.
Copies of the Budget papers including Supplementary Budget and Excess Demand are supplied to Members soon after the same is presented. The Budget is disposed of a in two stages, i.e. general discussion and voting on demands, Members may participate in the general discussion and speak on the Budget as a whole or any question of principle involved therein, but no motion shall be moved at this stage. In the case of Supplementary Budget, Excess Demand, etc. no general discussion takes place. A Member may give notice of Motions for reduction of Demands (Cut Motion) in the prescribed form available in the office. On the recommendation of the Business Advisory Committee, a time table showing the dates on which demands will be taken up for voting and the dates of giving notice of Cut Motion is circulated. Cut Motions received after the prescribed date and time are rejected. On the last day of the days allotted for voting on demands at 17.00 Hrs. or at such other hour as the Speaker may fix, the Speaker shall forthwith put every question necessary to dispose of all outstanding matters in connection with the demands for grants, which process is called the "Guillotine'. Motions for reduction of Demands for Grants : (1) Cut-motions are divided into the following three categories --- (i) Refusal of supplies, i.e., a motion to reduce the amount of demand to a nominal figure of one rupee. Such motions are intended to refuse supplies because the whole policy underlying this demand is disapproved by a member. Under each demand motions of this category are arranged in the "List of Motions" in the order of receipt. In the case of such motions, no question proposed to be raised need be indicated in brackets except the words refusal of supplies. If any specific grievance is indicated therein the motion will be treated as a "Token Cut " for determining priority. (ii) Economy cut, i.e. a Cut-motion for the purpose of effecting economy or retrenchment in the "List of Motions". Such motions are entered under the relevant Demand after the motions for Refusal of supplies are arranged in the List of Motions according to the amounts of the cuts proposed. In this case there is no need to mention any specific grievance. The word "economy" should be mentioned and an indication may be given of the particular sub-head or item in respect of which retrenchment of economy is proposed. (2) The "List of Motions" under the various demands for grants is arranged as explained above. But before the Demands for grants are actually discussed in the Assembly on the days allotted for this purpose the demands that should be discussed are selected by the Business Advisory Committee. (iii) Token Cut, i.e., a Cut-Motion for a nominal figure in order to ventilate a specific grievance. In giving notices of such motions it is the established practice for members to indicate briefly within brackets the question which they want to raise on each motion for reduction separately. Only one grievance can be discussed on each such uniform figure of cut viz. Rs. 100. These motions are entered after the economy cuts and are arranged in the list of motion in the order of receipt irrespective of amount of the cut. In moving such motions, suggestions to amend existing legislation are not in order. Moreover, a special demand is put down to cover a specific and particular subject, it can be discussed only under that specific demand and not under any other demand. Since the Demands which the Finance Minister may subsequently find necessary to present to the Assembly for excess grant and for supplementary or additional grants are dealt the same manner by the Assembly as if they were demands for grants. It is open to members to give notice of Cut-Motions in respect of such demands also. Election/Nomination of Members of the various Standing and Ad hoc Committees of the House (1) Election to the Committees of the House viz. Public Accounts Committee, Estimates Committee, Public Undertakings Committee and Welfare of Scheduled Castes and Scheduled Tribes Committee will be according to the principle of proportional representation by means of a single transferable vote and in accordance with the regulations framed in this behalf by the Speaker. The Speaker makes statement in the House inviting nomination to such Committees and also indicating therein the date and time of filing nominations, withdrawal of nominations and the date and time and place of Election. The Election is held outside the Chamber of the House. After the Election is over, the speaker declares names of the members as elected. (2) Nomination to the Committees - With regard to the following Committees, the Speaker nominates the required number of members as prescribed under different rules or in absence as he may determine. 1. Committee on Subordinate Legislation .. 7 Members 2. Committee on Government Assurances .. 7 Members 3. Committee on Petition .. 7 Members 4. Committee of Privileges .. 7 Members 5. Rules Committee .. 7 Members including the Speaker who is the Chairman. 6. Speaker's Advisory Committee .. 5 Members including the Speaker who is the Chairman 7. Business Advisory Committee .. 8 Members including the Speaker who is the Chairman 8. Committee on Papers Laid on the Table .. 7 Members 9. Library Committee .. Not Fixed 10. Members' Amenities Committee .. Not Fixed 11. Departmentally Related Standing Committee .. 12 Members [I-X] (3) Ad hoc Committee - Besides the Committees mentioned in the Preceding Paragraphs, the House may form any Committee by a motion adopted in he House, for specific purpose, which includes Select Committees on Bills. The procedure applicable to above mentioned Committees is also applicable to such Committees. The life of such Committees expires on the completion of the work assigned to them. Under rules the Chairman of the Committee is appointed by the Speaker. If the Deputy Speaker is a Member of any Committee, he becomes the Chairman. Member to Speak when called by the Speaker A Member who wishes to speak must rise in his place and present himself to the notice of the Speaker. If two or more members rise at the same time, the Speaker calls upon the Member whom he first observes to rise. In practice he decides who shall speak.
Speeches must be strictly relevant to the matter before the Assembly. Members should speak in the order in which they are called by the Speaker, who may prescribe a time limit for speeches on any matter under discussion in the House. If a member persists in irrelevance or in tedious repetition either of his own arguments or of the arguments used by other Members in debate or speaks for the purpose of obstructing business, the Speaker may, after calling the attention of the House to the conduct of the member, direct him to discontinue his speech.
Characteristics of Parliamentary language are good temper and moderation. Members while speaking should use Parliamentary language and should not use defamatory or indecent or unparliamentary or undignified words and expressions. The imputation that a member or a Minister is 'telling a lie' is not allowed. When unparliamentary expressions are used the members concerned are asked to withdraw. If the Speaker is of opinion that a word or expression used is defamatory or indecent, unparliamentary or undignified, he may order that such word or words be expunged from the proceedings of the House.
A Member who wishes to raise a point of order that is to call the attention of the Speaker or the person presiding to what he believes is a breach of order, of rule or procedure, of such articles of the Constitution, as regulate the business of the House, may interrupt another Member's speech for the purpose. No. debate is allowed on a point of order. The decision of the Speaker on a point of order is final. Personal explanation Members against whom comments or criticism of a personal nature are made on the floor of the House are entitled to make with consent of the Speaker, personal explanation in their defence, although the relevant issues are not before the House. Right of reply The mover of a substantive motion, but not the mover of an amendment to a Bill, or a resolution or to a motion on the Governor's address or a Cut-Motion, has a right of reply. But the Member-in-charge of a Bill is entitled to a right of reply to an amendment of a Bill. Division On the conclusion of the debate on a motion the Speaker will put the question to the vote of the House and decide it by voices. The Speaker will say, "Those in favour of the motion will please say "AYE". The members in favour of the motion will then say loudly "AYE". Again the Speaker will say, Those who are against the motion will please say "No". The members who are against the motion will then say loudly "No". The Speaker will judge from these two voices and determine whether "AYES" have it or the "Noes" have it and declare the result. If the opinion of Speaker as to the decision is challenged, votes of the House will be taken by division. The Division Bell will be rung for two minutes continuously and the members should occupy their allotted places within that time. After the ringing is over, the Speaker will direct all the doors of the House to be closed and no Member will be allowed to enter the House after the doors are closed. The Speaker will again put the motion to the vote of the House and declare the result on the strength of the voices. If the opinions are again challenged, votes will be taken by division. The Speaker will call first the Members who are in favour of the motion and then those who are against the motion to stand up. The Secretary will count the number of members who are for the motion and who are against the motion. On the Secretary furnishing the details of voting, the Speaker will announce the result to the House. If the counting is challenged, the Speaker shall direct the "Ayes" to go to the right lobby and the "Noes" to the left lobby. The "Tellers" for each lobby are appointed by the Speaker. Where each member shall call out his division number and the Division clerk shall mark in the division list accordingly in the presence of the Teller. After this is completed the division lists shall be handed over to the Speaker, who will declare the results of the division. This declaration shall not be challenged. The Speaker or the person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.
A member may present petitions from the public addressed to the Assembly or matters which are within the competence of the Assembly. They should be addressed to the Assembly, dated and signed by the petitioner and countersigned by the member presenting the same. The petition should be in respectful and temperate language and must not contain any offensive or defamatory expressions. The petition must relate to a matter of definite public importance and must not relate to matters of routine administration. A member desiring to present a petition shall give notice enclosing the petition and obtain the consent of the Speaker to its presentation. After he has obtained the consent of the Speaker, he may present it on any day after Question Hour and before the other business for the day is entered upon. The Member presenting the petition should confine himself to a brief statement relating to the petition and the number of signatories thereon. There will be no debate as such in the Assembly on any petition. Effect of Prorogation On the prorogation of a session, all pending notices shall lapse. But the Bills which have been introduced and a motion, a resolution or an amendment moved and is pending, shall not lapse and shall be carried over to next Session, provided that the member-in-charge gives notice to proceed further with such business Prorogation shall not effect the work of any of the Committees of the House. Report of Proceedings Report of proceedings of the Assembly is published by the Assembly Secretariat. In the interest of accuracy and expeditious publication of the report, members who include in their speeches quotations, figures or other matters which has to appear in the report of the debates with complete verbal accuracy may pass on such matters to the office soon after the conclusion of their speeches. Script of speeches will be circulated to the members concerned for correction and return within stipulated time. The report of proceedings is intended to be a correct reproduction of the speeches actually delivered by the members in the House. The copies of the speeches are sent to them for approval, only for the purpose of correcting any inaccuracies which may have occurred in the process of reporting and not for the purpose of improving their literary form or altering or adding to their substance. If the transcriptions are not returned within 24 hours from the time of receipt by the members, the day’s proceedings will be sent to the Press, as edited by the Secretariat. Supply of Manuscript Proceedings It has been the practice not to supply copies of extracts from the proceedings of the Assembly before those are printed and confirmed by Hon’ble Speaker. In the matter of supply of copies/extracts from the proceedings, before those are printed and confirmed the following procedure is followed :- Member shall not be generally furnished with the copies of the speeches other than their’s. However in certain cases on a specific request made to the Hon’ble Speaker, permission shall be granted by the Hon’ble Speaker to have the proceedings desired, but no certified copy shall be furnished. Request from other agencies for furnishing copies of proceedings shall not be acceded to. Requests from the Government Department for furnishing of relevant proceedings pertaining to their Departments shall be permitted to be taken by the concerned Departments from the unedited copies of the proceedings and such permission may be given by the Secretary, Orissa Legislative Assembly but no authentication shall be made. Specific requests for production of proceedings before the court of law to be made to the Hon’ble Speaker indicating the purpose for which it is required by the parties requiring the same which has to be permitted by the Hon’ble Speaker when the House is not in session and when the House is in session, permission of the House shall be sought. Bulletin and Brief Record of Proceedings Brief record of proceedings is issued each day containing business transacted by the House on the day. Assembly Guest-house Ex-member, ex-M. Ps. and sitting M.Ps. and other (not the sitting members) are provided accommodation in Assembly Guest-house on payment of charges as may be fixed from time to time and subject to the rules framed in this behalf. Indian Parliamentary Group (Orissa Chapter)/Orissa Branch of C.P.A. The Indian Parliamentary Group is functioning in Parliament and branch of the Group called the "Orissa Chapter" has been formed in the Orissa Legislative Assembly. This Chapter functions as a Branch of Common-Wealth Parliamentary Association. All the sitting members and the ex-members of the Assembly are eligible to be the members of the Orissa Chapter of Indian Parliamentary Group/ Orissa Branch of Common-Wealth Parliamentary Association by paying an annual subscription of Rs. 50 or a life subscription of Rs. 250. The Speaker is the ex-officio President and the Secretary is the ex-officio Secretary of the organisation. There is an Executive Committee which consists of the President, two Vice-Presidents, one Treasurer and eight members. Except the President all the office bearers are elected at the annual general meeting of the members of the Branch of the Association. There is a separate statute to regulate the functioning of the Orissa Chapter/ Branch. Change of Address Members should intimate any change of address immediately to the Legislature Secretariat failing which all communications intended for them will be delivered only to the address available in the office. This intimation is necessary as no provision is made for a second circulation of the papers and the communications intended for members. Admission to Visitors’ Galleries Admission to the Visitors’ Galleries is regulated by the rules made in pursuance of Rule 226 of Rules of Procedure. Members can obtain admission cards for the Visitors’ Galleries on application forms which are available in the Inner Enquiry Office in the Assembly Buildings. As accommodation in the Visitors’ Galleries is limited, members may not apply for more than four Visitors’ cards (two for First half and two for Second half) for a particular sitting under the rules. The admission cards are sent to the residences of the Members in advance. Sound equipment in the Chamber A member wishing to speak in the House should press the appropriate button fixed to the seat in the front and release it, so that the microphone is ready for use. Ear phones have been provided for each Member for their use.
Articles 190 and 191 of the Constitution provide the circumstances under which a member shall be disqualified for being a member of the House. Besides, on ground of defection, a member is disqualified as provided under the Tenth Schedule to the Constitution. Government Publication Members are supplied by the Director, Printing, Stationery and Publications free of cost, with copies of the following Publications :- Printed proceedings of the Orissa Legislative Assembly after authentication by the Speaker. Printed reports of the Committees of the House. Deductions Under section 7 (I) (b) of the Orissa Legislative Assembly Members’ Salary. Allowances and Pension Act, 1954 Government have been authorised to frame rules for deduction of Government dues from the salary and allowances of members. Accordingly the Orissa Legislative Assembly Members’ Salary and Allowances (Deduction of House-rent and Other Charges) Rules, 1957 has been framed.