- 1'1

10-

TIlE GAZETTE OF INDIA: 'l:XTRAQRDINARY [PART!I~Ec.)(i).

PARTnCONDUCT OF BUSINESS AT MEETINGS OF THE

,COUNCIL - , '

" 9. '(1) Every meeting of t'he Council shall be presi-ded over by the President, if he is absent, by theVice-President or if both the President and the Vice-President are absent, b.:f a member to be e1ected

'. by the members present firom amongst themselves.

(2) All references in this part to the President shallbe read as refening. m. the pe.rson for the time beingpresiding over a ~ng.,

10. The quorum ;mcessary for transaction of busi-.ness at a meet'm;g'.Ofthe Council shall be.N1De. If, atthe tiIIlt': ~ fur a meeting" the qeGm1Dis notpresent" am1 Mltbe quorum is not preserit" -m. the ex-piratiom ,nf~ minutes from 'the time ~!£DOintedforthe mcolfum tor'dhring !he course of :any meeting, tliemee~irJIg_lI &<ttanladjoult!ed to sudl 'ffim~ time anddate ms titre Hmsident may appoin1.. ,

11.. {(n) IBwy matter to be ~ud' by the'Councit &li1dl~,He moved by a me~ and put to theCour.ml1 ~! tHa:President and shall. 1tredtrcided by amajoriiw off the members present' amil voting. !

(~) ~tts shall be taken by slituwof hands or bydivis!.01:11orr by ballot, as the Presiiihm may' direct: '

PIbviaid that votes shall be t~KeD1by ballot, ifthree,; members so desire and ask for' it :' I

, PJiICOided.further that, if votinrghassbeen by showof 1nmd3~,a decision shall be taren!, if at least onememtim-.asks for it.

(~\ TIio..P,resident shall detelmiil~ the method oftaking' V0t.es,by division. ' '

(49) me.: result of the vote shambreamiounced bythe ~t which shall be finan. \

, ,

" (51)IhJtiue went of an equality oft votes the Presi-dent &tia11l1hwe.a casting vote.

. 1:~. '\Wfntn mntions identical in iPUliI°rt stand inthe nat11f$(iff ,tWo or more me~ '1he Presidentshall ~i& '\Wmse motion shall be EUJ.IiV..mand" theother motion .m"motions shall tbereupm be deem.ed to ha~ ~ withdrawn.

13.(1) Every"nrotio~ or amendnie~t shall beseconded and if ~ seconde;t shan be det.med tohave been withdiawm-.. " ,

(2) When a 'motion- has b~n seconded, it shallbe stated by the Presid'mt , '

, , 'ie',;, ,-'.' , " , -I,'

(3) When a' motion ba~ been thus stated, it m-aybe discussed as a question to be resolved either in theaffirmative or in the negative, or any member maysubject to regulations 14 and 15, move an amendmentto the motion: "

, 0", . -, ;

. Providedthat the President' shall not' allow anamendment to be mov~ which, if it has been a'sub-stantive motion, would have been inadmissible underregWwonS. '

,': . -, ". ::.:~ " '

14. (1) An amendment must be relevant'to ' ai1, within the scope of the motion to which' ~t is propo:

00.' " y' . ,, '-. .

(2) An, amendment may not ~ inoved which hill1e~ely,the effect of a negative ~te.,' ;..

(3) The President may refuse to pu\ 'to 'the Countin amendment which in, his opinion is frivolous.~

, , -,

15. A motion may be amended by-, .'t.":

(a) the omission;' insertion or addition of WOlor words; -

(b) the substitutionof words for any of the or, ginal words. ." C, ~.

16. (1) When 'a motion or amendment is undcdebate, no proposal with reference thereto shall 11nurde other than;- "-

(a) an amendment of the motion ,or of thamendment. as the case may be, as propo:ed in regulation 13;

(b) a motion for the adjoui:mnent of the debaton the motion or amenchnent either tospecified date and hour Ot' sine die;

(c) a motion for the cl~ ~e1y, a DioriO!that the qUest!O11be nc»Wput;, ~

(d) a motion that the Council instead of proceeding to deal with the motion do pass tIthe next item 011the programme of btW.ness :

...

Provided that .no mch mob or amendment sba1h moved so as to intetmpt a Speech: -

Provided further that no mction of the oanu'!~cifr~d in sub-dauses (b)~ (c) and (d), shall be,nmved or seconded by a member who has a1read3'.ken on th~"question at the ~eeting;

]Provided that no such motion or amendment shal

se.s (c) and (d), shall be moved without a spe~ch.

,,'. {l) It shall be iri .the discretion ~'thePiesi~en1to ~t or refuse to pUt to the Coun~l a proposa{ 0;the mature speCified in' sub-clause (b) of clause (1)

, ,- ",

(3} Unless the President' is of the opinion that,motion for closure is an abuse of the right of reasonable debate he shall forthwith put a 'motion ~ha~f!1cquestion be now put and if that'motion IS carried thesubstantive motion or 'amendment under 'debate shIPbe pUt forthwith:' .)"" ~ ",' 'r t " ~>.". ," ,..' . r,., ,I , "H

, Provided that' the President may allow th~ mo,velof the substantive motion to exercise his right of repl}before' the substantive motion under debate i§put

'u , ," . " ," " .. """, r .. " "

.17. Amotiono~an amendment which has' 'beetmm:ed,a~d seconded shall not be withdrawn save witt

,the leave_o,f,t\le Council v."hich.shall. not be deemedto be granted, if any member dissentSfrom the' grant.ing of leave.

------

~'

~~)

\ ,

l!

i

rI.

t¥,'J)

L 1;1I

, f", V""

, .

f

J

'"

/'

[q-PTII--OtU~ 3(i)]. ,n,,; " ilRff 'fiT~ : ~aR1Ir 11

18. When a inotion has been nwved and seconded,memb~rs other than the !!lover and t},leseconder mayspeak ontbe motion in such order as the Presidentmay direct: : , 11 -t.' ..

'.Provided that the seconder of a mbtion or of an..'amendment may, with the permission of the President,'confine himself to seconding:the' motion or amend-'ment, as the case may ~ and speak thereon at anysubsequent stage of the debate. \} "'!!;" ..'

- 19. During the meeting, the. President play, at any'"time make 'any objections or suggestions or give in-

- - formation to elucidate any point to help the !l1embersin the discussion.' -

,; " ',)'1

..

20. (1) The mover of a.ti original1llotion, and if_permittedby the President, the mover of any amend-ment, shall be entitled to a-right of .final reply; noother member shall speak more than once-to any de-bate except with permission or the President, for thepurpose of making a personal explanation or of puttinga question to the member-than addressing the Council:

Provided that any member at any stage o£ thedebate may rise to a point of order, but no speech shallbe allowedon that point: . . ,

Provided further that a member who has spoken ona motion may ~eak again on the amendment subse-quently moved to the motion.,

(2) No member shall, save with. the permission ofthe President, speak for more / than five minutes.

, "

Provided that the mover of a motion when movingthe same may speak for not more than ten minutes.

, (3) A speech shall be strictly confined to the subject- matter of the motion or amendment on which it ismade. ...\ '

(4) Any motion or amendment standing in thename of a member who is absent from the meeting orunwilling to move it, may ,be brought forward by an-other member with the permission of the President.

, ,

21. (1) A member desiring to make any observationon the matter before the Council, shall rise in hisplace and address the President.' ,-' ' "

"" "

(2) If at any time the President rises to sIkak anymember speaking shall immediately reSume hi<;seat.

,'" ,. \

,22. No member shall be heard at a meeting exceptupon the', business, before the Council.

n23. (1) When -anamtmdme'ntto any motion is mov-ed and seconded or when two or more such amend-ments are moved and seconded, the PresidenC shall,before taking the sense of the CounCil thereon, stateor read to the Council the terins of the original motion.and of the amendment or amendments proposed., ..' , , ' ,'" '0 '

. ; "(2) An amendment to a motion shall be put to the-,:Vote first. ,,' ~ ~ :I( : w, ~-

,~' ',H'~. ,~" ,(,,--", \:",:;(3) If there be more than one amendment to . a':~:Dl9tionthe.Presidentshall decide in what order they

'slia111 be -taken: ,.."~," ,:.,' - " ~.

. 24. When a;nymotion involving several points hasbeen discussed, it shall be in the discretion of thePresident to divide the motion and put each or anypoint separately to the vote as he may think fit.

25. (1) The PI."esidentmay, if-he deems necessarydue to exigencies, at any time, adjourn any meetingto any future day or to any hour of the same day andstate the reasons therefor.

,(2) Whenever, a meeting is adjourned to a futureday, the Secretary shall, send notice of the adjourn-ment to every member who was: not present at suchmeeting.

, (3) When a meeting has:been adjourned to a fut:Ireday the President may change such day to any otherday for compelling reasons and the Secretary sha11send written notice of the change to each member.

(4) At a meeting adjourned to a future day any, motion standing over from the previous day shall,

unless the Presddent otherwise directs, take precedenceover other matters on the agenda. .

, (5) The Presidentor a membermay suggest achange in the order of business'on the agenda, eitherat the beginning of the meeting or after the conclusionof the debate on a particular item during the meetingand if the Council agrees, such a change shall bemade.

(6) No matter which had not been on the agendaof the original meeting shall be discussed at an ad-journed meeting.

(7) The same quorum shall be necessary for auadjourned meeting as for an ordinary meeting.

26. (1) The President snaIl decide all points oforder which may arise, and his decision shall befinal.

(2) If any question arises with reference to pro-cedure in respect of a matter for which these regula-tjonsfmake no provision, the President shall decide thesame and his decision thereon shall befina1.

(3). The President shall direct any business, \vhichmay be necess~ry for the Council or the ExecutiveCommittee to discuss and decide, to be transacted bycirculation among the members of the Council or theExecutive Committee as the case may be ~

Provided that if ten members of the Council orthree members cf the Executive Committee, as thecase may be, desire that any particular subject shallbe decided at a meeting instead of by circulation, itshall be placed before a meeting of the Council orthe Executive Committee. -

(4) Any resolution or report which is circulated asstated above and approved by a majority of the mem-bers signing shall be binding as a resolution adopted,as if, in a meeting of the Council or the..Executive

, Ccmmittee.

27. Four representatives of the Press at the discre-tion of the President, and other invitees, not exceedingfour at a time, may be admitted to a meeting on pro-duction of pennits from the Secretary. The representa-tives shan be required to obtain the previous approval

12 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3{i)]

of the Secre:ary to the publicatIon of their report ofthe proceedings. The President at any time may holdthe meeting in camera in which case all invite'~sshallbe required to withdraw.

PART III

MINUTES OF THE COUNCIL

28. The proceedings of the meetings of the Councilshall be preserved in the form of pnnted minutes whichshall be authenticated, after confirmation, by the signa-ture of. the President.

29. A copy of the minutes of each meeting shall besubmitted to.tne President within ten days of- .themeeting and attested by him and they shall then besent to ea:ch~ember within thirty days of the meet-mg. .

~O. The minutes of each meeting shall contain suchmotions and amendments as have been moved andadopted or negatived with the name of the mover andthe seconder, but without any commen. and withoutany record of cbservations made by any member atthe meeting.

.3L If any objectionregardingthe correctnessof theminutes is receiVedwithin thirty days of the despatchof the minutes by the Secretary such objection toge-ther wIth the minutes as recorded and attested shall beput before the next meeting of the Council for confir-mation. At this meeting no question shall be ra.isedexcet as the corI'e~ness of the records of the meetmg~

Provided that if no objection regarding a decisiontaken by the Council at a meeting is received withinthirty days of the despatch by the Secretary of the

. minutesof that particularmeeting,--suchdecisionmay,if exped.ent, be put into effect before the confirmationof .the mi~utes at the next meeting: i

Provided further that the President may direct thataction may be' taken on a decision of the Council be-fore the expiry of the period of thirty days speciiedabove.

32. The minutes of the Council shall, as soon as ispracticable after their confirmation, be made up insheets and consecutivelypaged for insertion in a volumewhich shall be supplied free of COSt'each member ofthe Council; and such copies may be sold to thepublic at. a price to be fixed by the Council.

33. A report shall be kept of the observations andof :he discussions at the meetings of the Council inau accurate manner as far as possible for perusal bythe members of the Council. Th'e detailed proceedingsof the Im:etingswhich shall be treated as 'Confidential'shall be kept in the office and shan be open to mem-bers for inspection. A copy of the proceeJings in fullor in part shall be suRPliedto any member. \":110mayapply for it. Such copy shall be 'Confidential' and sup-plied on the p'ayment of fee fixed by the President andsuch fee shall not. exceed the cost of copying. No copyof proceedings held in camera '~hall be supplied om;but such proceedings can be imp..:cted by the mr-mbers

PART IV

POWERS AND DUTIES OF THE PRESIDENTAND VICE-PRESIDENT

"34. (1) The President shall exercise such powers and

peliorm such duties as are contained in the provisi°ltsof the Act, the regulations, and standing orders of theCouncil. He shall do suc11-acts as he considers neces-sary in furtherance of the, o~jects for which the Councilis established.

(2) In the case of urgency, the President may takethe necessary action and intimate the fact to ~he Exe-cutive Commieee and th'~ Council provided that noSMchaction shall be taken in anticipation of approvalin matters of policy involving an expenditure exceedingRs. 10,000 from the sanctioned budget.

~35. If the office of the President is vacant or if the

President for any reason is unable to exercise thepowers or perform the duties of his office, the Vice-.President shall act in his place and shall exercise thepowers and peliorm the duties of the President.

PART V

RESIGNA nON AND FILLINGVACANCIES

OF CASUAlT

36. A member desiring to resign his seat on t~HCouncil shall send his resignation in writing to thlPresident and his resignation shall take effect from thldate on which it is accepted by the President or OJthe expiry of ninety days from the date of receipt ojhis letter to President, whichever is earlier, utter confirmation from the member concerned.

37. When a casual vacancy by reason of deat!'resignation of a member or cessation of member,;hiin accordance with section 6 of the Act, a report shabe made forthwith by the President to the Cenlral Gcvernment for necessary action to fill up the vacanc;subject to proviso of section 7 of the Act.

PART VI

THE EXECUTIVE COMMITTEE-MEMBERSHIFUNCTIONS, MEETINGS ETC.

38. The Executive Committc~ shall have Nine menbers including the President, the Vicc-Pn:sid;;nt arthe Secretary of the Council who shall act as Pre~dent, Vicc-Prc~i(knt and Secretary rcspec'ivdy.

'"39. The meetings of the Executive Committee sh;

1::egenerally govcrp.ed by the regulations applicable 1the meetings of the Council. ,-

40. If at the time appointed for a meeting of tExecutive Committee a quorum is not present tmeering shall not.commence until a quorum is pres;,:]and if a quonnll is not present on the expiration Dr ~hour from the time appointtJ for the meeting or brhthe course of any meeting, the meeting ~hall stand :3journed to such future date and time as the Presid.f

. may appoint 1i3 of: the total. members of dIe. Ex;;,11ve CcmnHtcc ~han fonD ~ qu0nun..