Chapter – 7 Procedures of Motion and its relating

Chapter – 7 Procedures of Motion and its relating

Chapter – 7
Procedures of Motion and its relating

16. No Discussion Could be held Without Motion:

(1) Save as otherwise provided for in the Constitution and in these Rules, no discussion on any matter shall take place in the sittings of the Legislature-Parliament without a motion.

(2) The motion for discussion in the sittings shall have to be approved by the Speaker.

17. Conditions Relating to Motions

(1) No motion in the same session containing any of the following matters shall be accepted:-

(a) Containing the matters prohibited by Article 60 of the  Constitution or the matters against any other provision of the Constitution;
(b) Containing more than one issue;
(c) Containing vague, uncertain subject matter;
(d) Containing crude reasons, inferences, ironical expressions, irrelevant imputations or any other hypothetical or objectionable matter;
(e) Referring to the conduct of a person performed in his  personal capacity except in his public or governmental capacity;
(f) Containing criticism of a decision of the House or of any Committee of the Legislature-Parliament or of any matter under consideration thereof;
(g) Containing any matter under consideration of any  judicial or quasi-judicial body or authority established according to existing laws or any Commission or  Committee constituted under the existing laws to  probe, to submit recommendations or report;
(h) Attempting to repeat discussion of a matter which has been discussed in the same session;
(i) Having used discourteous language;
(j) While having discussions on any decision or action of the Council of Ministers, involving such information as is certified by the Council of Ministers that the matter may have adverse impact on national security, integrity or diplomatic relations;
(k) Having raised an issue of privilege.

(2) Notwithstanding anything contained in Clause (g) of Sub-rule (l), if the speaker considers that the motion is not likely to prejudice the consideration of such matter by the Commission or Committee mentioned in the said Clause, he/she may allows to move a motion confined to the matters of procedures and progress of such investigation.

18. Decision on Admissibility of Motion

The Speaker shall  decide whether or not a motion or a part thereof is admissible, and while so deciding, he/she may disallow any motion or part thereof citing reason(s) therefore.

19. Allotment of Day and Duration of Discussion:

(1) The Speaker may, having taken into account the business in the Legislature-Parliament, allot the day and the duration of discussion on a motion.
(2) After completion of the time allotted for discussion, the discussion shall terminate, and unlessotherwise provided in these Rules, the Speaker shall put  every question necessary to dispose of the matter in respect of the main issue for decision in the sitting.

20. Lapse of Motion and Bar on Revival Thereof:

(1) any  motion not moved in a sitting even after being permitted therefore shall ipso facto be lapsed.
(2) Except otherwise provided in these Rules, no matter which is substantially raising the same question already discussed or decided during the current session of the Legislature-Parliament shall be allowed to be raised again in the form of a new motion or amendment.

21. Prior Discussion on Motion Debarred:

Where a time has been allotted to a motion for discussion in the Legislature- Parliament, no other motion or amendment for discussion on the same matter shall be allowed prior to such allotted time.

22. Withdrawal of Motion

(1) The proposer may withdraw a  motion already filed with the Legislature-Parliament Secretariat through a written request and with the approval of the Speaker.  Provided that, the motion already raised in the  Legislature- Parliament may not be withdrawn without the permission of the Legislature-Parliament, and if any amendment has been moved in respect thereof, such a motion  may not be withdrawn until such amendment has been decided upon.

(2) If more than one Member has submitted more than  one motion substantially on the same matter, discussion shall be held on only one motion determined through a lot.

23. Notice of Motion:

A Member intending to move a motion shall furnish a notice in writing to the Secretary General or Secretary.

24. Procedures Relating to Motion:

In respect of the motion  to be moved under other Chapters of these Rules, the  procedures mentioned in those Chapters shall apply, and in respect of the matters not mentioned in those Chapters, the  procedures as provided in this Chapter and Chapter -8 shall apply.

25. Prohibition on Submission of Other Motions:

Except  the motions under Rules 26, 27 and 28, no other motion may be moved under this Chapter.

26. Motion may be introduced without notice:

(1)  Notwithstanding anything contained in this Chapter, any of the following motions may be moved even without a notice, if the Speaker so allows, and no matter of controversy may be raised through such a motion:-
(a) Motion of thanks;
(b) Motion of adjournment;
(c) Motion to withdraw any motion or amendment;
(d) Motion of congratulation or condolence;
(e) Motion of adjournment of discussion;
(f) Motion to extend the period of discussion;
(g) Motion to extend the duration of sittings; or
(h) Motion of closure.

(2) A motion referred to in Sub-rule (1) after having been moved in the sitting of the Legislature-Parliament upon approval of the Speaker shall be forthwith put for the  decision of the Legislature-Parliament by the Speaker.

27. Motions of Urgent Public Importance:

(1) In case any  Member intends to have a discussion on any matter of urgent  and public importance, he/she shall give a notice relating to  the motion to the Secretary General or Secretary at least Two  hours in advance of the sitting of the Legislature-Parliament  and such a motion shall have to be seconded by at least two
Members.

(2) In the notice given pursuant to Sub-rule (1), there  should be the reasons for discussion on the motion clearly mentioned.

(3) If the subject matters contained in the motion  pursuant to Sub-rule (1) is found to be urgent and of public importance by the Speaker, he/she may, after consulting with  the concerned Minister, approve such a motion.

(4) The Speaker shall set the time limit of Two hours in maximum for discussion on the motion referred to in Sub- rule (3). Only Two days in a week shall be allotted for  discussion on such motions.

(5) After approval of the motion pursuant to Sub-rule(3) and after the Speaker calls the name of the proposing Member, the proposing Member shall give a short statement.  The Speaker shall thereafter allow time to other Members to  participate in the discussion.

(6) The concerned Minister shall respond to the  questions raised during the discussion.

28. Motions on Postponement:

(1) Except the motion for adjournment of Sitting or a motion for suspension of  business, a Member may, during the time in which a discussion is going on any motion or Bill, move a motion  that the said discussion be postponed for any other day, and  if such a motion is seconded by any other Member, such a  motion shall have priority over other motions under consideration of the sitting.

(2) No amendment shall be allowed to the motion  referred to in Sub-Rule (1).

(3) If the Speaker deems appropriate, he/she may  permit a short discussion on the motion referred to in Sub-rule (1) and put it before the sitting for decision.

(4) Any Member moving or seconding the motion  referred to in Sub-rule (1) shall not be allowed to move or second another such motion during the discussion of the concerned motion or Bill.

(5) If the Speaker deems that the motion is an abuse of  the right to move a motion, he/she may reject such a motion or put it to the sitting for decision without any discussion.