Chapter X - PRIVILEGE

Question of Privilege.

55.     A Member may, with the consent of the Speaker, raise a question involving a breach of privilege either of a member or of the Assembly or of a Committee thereof, if based on-

(i)      misconduct in the presence of House or the        Committees thereof;

(ii)     disobedience of order of the House or its Committees;

(iii)    presenting false, forged or fabricated documents to the House or its Committees;

(iv)    tampering with documents presented to the House or its Committees;

(v)     speeches or writings reflecting on the House, its Committees or members;

(vi)    publication of false or distorted reports of debates;

(vii)   publication of Expunged Proceedings;

(viii) publication of proceedings of secret sittings of Assembly or a Committee thereof;

(ix)    premature publication of proceedings, evidence or report of a Committee;

(x)     derogatory reflection on the report of a Committee;

(xi)    premature publication of various other matters connected with the business of the House or Committees thereof;

(xii)   obstructing members in the discharge of their duties;

(xiii) attempts by improper means to influence members in their duties and conduct;

(xiv)  intimidation of members; obstructing officers of the House;   

(xv)   refusal of Government functionaries to assist officers of the House when called upon to do so in pursuance of the orders of the House or a Committee thereof as the case may be;

Rule 55 substituted vide Notification. No.PAB/Legis:I(3)/2013 dated5th April, 2018.

(xvi)    obstructing of witnesses;

(xvii)  failure of the Government to lay before the House any report or a document required to be laid before the House in pursuance of the provisions of the Constitution or the law; and

(xviii) failure to provide information required by the House or its Committees.                

Notice of question of privilege.

56.     A Member wishing to raise a question of privilege shall give notice in writing to the Secretary before the commencement of the sitting on the day the question is proposed to be raised. If the question raised is based on a document, the notice shall be accompanied by the document, unless the Member satisfies the Speaker that the document is not readily available:

           Provided that the Speaker may, if he is satisfied about the urgency of the matter, dispense with the requirement of the notice and allow a question of Privilege to be raised at any time during the course of a sitting after the disposal of questions.

Conditions of admissibility of question of privilege.

57.     The right to raise a question of Privilege shall be governed by the following conditions: -

(i)     not more than one question shall be raised by same Member at the same sitting;

(ii)   the question shall relate to a specific matter of recent occurrence;

(iii)  the matter shall be such as requires the intervention of the Assembly; and

(iv)  the question shall not reflect on the personal conduct of the Governor.

Mode of raising a question of privilege.

58.   The Speaker shall, after disposal of questions and before other business on the Orders of the Day is entered upon, call upon the Member who gave notice and thereupon the Member shall raise the question of privilege and make a short statement relevant thereto:

           Provided that where a Member is allowed to raise a question of privilege during the course of sitting under the proviso to Rule 56 he shall raise question immediately after his being allowed to do so, or at such other time as the Speaker directs.

Time for question of privilege.

59.   A question of privilege shall have precedence over adjournment motions.

Consideration by the Assembly or reference to the Committee.

Reference of question of privilege by the Speaker to Committee.

60.    If the Speaker holds the question of privilege to be in order, it shall stand referred to the Committee on Rules of Procedure and Privileges, unless the Assembly decides to consider the question itself.

60-A. Notwithstanding  anything  contained  in  these rules, if the Assembly is not in session, the Speaker in his Office/Chamber, may refer any question of  privilege to the Committee on  Rules of Procedure and Privileges for examination, investigation and report.

Examination of the question by the Committee.

61.     (1) The Committee shall examine every question referred to it and determine with reference to the facts of each case whether a breach of privilege is involved and, if so, the nature of the breach and the circumstances leading to it, and make such recommendations as it may deem fit.

          (2) The report of the Committee may also state the procedure to be followed by the Assembly in giving effect to the recommendations of the Committee.

Sitting of the Committee.

62.    The Committee shall meet as soon as may be after a question of privilege has been referred to it, and from time to time thereafter until a report is made within the time fixed by the Assembly.

Report of the Committee.

63.   (1) Where the Assembly has not fixed any time for presentation of the report, the report shall, if the Assembly is in session, be presented to the Assembly within one month of the date on which reference to the Committee was made, or if the Assembly is not in session, at the commencement of its next session.

          (2) The Assembly may, at any time, on a motion being made, direct that the time for the presentation of the report by the Committee be extended to a date specified in the motion.

 

Rule 60 & 60-A substituted vide Notification No. BPA/Legis; I(3)/2013 Dated 5th April, 2018

Consideration of the Report. 

64.     (1) After the report has been presented, any Member may move that the report be taken into consideration whereupon the Speaker may put the question to the Assembly:

           Provided that any Member may move as an amendment that the matter be re-committed to the Committee with reference to the examination of a point or points which may have been left out of consideration by the Committee.

          (2) After the motion made under sub-rule (1) is agreed to, any Member may, after giving one day’s notice, move that the Assembly agrees or disagrees or agrees with amendments with the recommendations contained in the report.

Priority for consideration of report of the Committee. 

65.      A motion that the report of the Committee be taken into consideration shall be accorded the priority assigned to a matter of privilege and when a date has already been fixed for consideration of the report, it shall be given priority as a matter of privilege on the day so appointed.

Intimation to Speaker by Magistrate etc. of arrest, detention etc. of a Member.  

66.    When a Member is arrested on a criminal charge or for a criminal offence or is sentenced to imprisonment by a Court or is detained under any executive order, the Court or the executive authority, as the case may be, shall immediately intimate such fact to the Speaker indicating the reasons for the arrest, the detention or imprisonment of the Member in the appropriate form set out in Schedule II.

Intimation to Speaker on release of a Member. 

67.  When a Member is arrested and after conviction released on bail pending an appeal or otherwise released such fact shall also be intimated to the Speaker by the authority concerned in appropriate form set in Schedule II.

Treatment of communications received from Magistrate etc.

68.   As soon as may be, the Speaker shall, after he has received a communication referred to in Rule 66 or Rule 67, read it out in the Assembly if in session or, if the Assembly is not in session, direct that it may be circulated for the information of the Members.

Arrest within the precincts of Assembly.

 

Production of a Member.

69.   No Member shall be arrested within the precincts of the Assembly without the permission of the Speaker.

PRODUCTION OF A MEMBER.

69-A. (1) The Speaker, on the written request of the Member in custody or on his behalf by the respective Parliamentary Party Leader, may summon a member to attend a sitting or sittings of the Assembly or meeting of a Committee of which he is a member.

 

           (2) On a Production Order, signed by the Secretary or by any other officer authorized in this behalf, addressed to the Government of the Province where the member is held in custody, or to the authority concerned, the Provincial Government or such authority shall cause the member in custody to be produced before the Sergeant-at-Arms, who shall, after the conclusion of the sitting or the meeting, deliver the member into the custody of the Provincial Government or other authority concerned.