Chapter XI - ADJOURNMENT MOTIONS

Adjournment motions.

70.  A motion for an adjournment of the business of the Assembly for the purpose of discussing a definite matter of recent and urgent public importance may be made with the consent of the Speaker.

Method of giving notice.

71.   Notice of motion under Rule 70 shall be given in writing in triplicate to the Secretary not less than one hour before the commencement of the sitting in which it is proposed to be moved, and the Secretary shall thereupon bring the notice to the knowledge of the Speaker and the Minister concerned.

Restrictions on right to make adjournment motion.

72.    The right to move for an adjournment of the Assembly for the purpose of discussing a definite matter of recent and urgent public importance shall be subject to the following restrictions, namely: -

Not more than one such motion shall be admitted on any one day but motions, if any, remaining unconsidered as regards their admissibility shall be held over for the next day and shall be taken up in the same order in which they were received, but before the motions of which notices are received subsequently;

 

.Rule 69-A added vide Notification No.PAB/Legis: I (3)/2013 Dated 5th April, 2018.

(a)     The motion shall relate to a single specific matter of recent occurrence;

(b)     The motion shall not revive discussion on a matter which has been discussed in the session;

(c)     The motion shall not anticipate a matter for the consideration of which a date has been previously appointed. In determining whether a motion shall be disallowed on the ground of anticipation, due regard shall be had to the probability of the matter anticipated being brought before the Assembly within a reasonable length of time;

(d)     The motion shall not deal with a matter on which a resolution could not be moved;

(e)     The motion shall not relate to a matter of privilege;

(f)      The motion must not deal with a hypothetical case;

(g)     The motion must not relate to matters which can only be remedied by legislation;

(h)     No adjournment motion shall be moved on any day fixed for the general discussion of the Budget; and

(i)      it shall not be moved on a day-                                                                                                                                                                                   

(i)      fixed for general discussion of the budget or the supplementary budget;

(ii)     fixed for consideration or passage of the Finance Bill;

(iii)   fixed after general election for making of oath by members generally;

(iv)    fixed for the election of the Speaker and Deputy Speaker;

(v)     fixed for moving of a resolution for Vote of Confidence in the Chief Minister;

(vi)    fixed for the election of the Chief Minister;

Rule 72 (i) substituted vide Notification No. Legis: I (3)/2013 dated 5th September, 2013.

 

(vii)     fixed for moving or consideration and voting of a resolution of no confidence in the Speaker, Deputy Speaker and the Chief Minister; and

 

(viii)    fixed for address by the Governor.

Motion for discussion on matters before tribunal, commission, etc. 

73.    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 enquiry appointed to enquire into, or investigate, any matter shall ordinarily be permitted to be moved:

           Provided that the Speaker may, in his discretion, allow such matter being raised in the Assembly as is concerned with the procedure or subject or stage of enquiry if the Speaker is satisfied that it is not likely to prejudice the consideration of such matter by the statutory tribunal, statutory authority, commission or court of enquiry.

Time for asking leave for motion for adjournment. 

74.    Leave to make a motion for adjournment shall be asked for after questions and before other business entered in the Orders of the Day is taken up.

Procedure to be followed. 

75.    (1) If the Speaker is of the opinion that the matter proposed to be discussed is in order, he shall read the statement to the Assembly and ask whether the Member has the leave of the Assembly to make the adjournment motion and if objection is taken, he shall request such of the Members as may be in favour of leave being granted to rise in their seats.

           (2)    If less than one-sixth of the total membership of the Assembly rises, the Speaker shall inform the Member that he has not the leave of the Assembly, but if such membership rises, the Speaker shall announce that leave is granted and the motion will be taken up as the last item for discussion for not more than two hours on such day as soon as possible within three days after the leave is granted as the Speaker may fix.

Limitation of time of discussion.

 

76.   On a motion to adjourn for the purpose of discussing a definite matter of recent and urgent public importance the only question that may be put shall be “that the Assembly do now adjourn” but no such question shall be put after the time for the discussion of the motion has expired.

Time-limit for speeches.

77.     A speech during the debate on a motion for adjournment shall not exceed fifteen minutes in duration:

            Provided that the mover or the Minister ¹[or Parliamentary Secretary] concerned may speak for thirty minutes.