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BANGLADESH PARLIAMENT

 

 

 

 

 

RULES OF PROCEDURE

OF

PARLIAMENT OF

THE PEOPLES'S REPUBLIC OF

BANGLADESH

 

 

 

 

[As modified up to 10th June, 1997]

 

 

PREFACE

 

Article 75(1) (a) of the Constitution of the People's Republic of Bangladesh provides that the Procedure of Parliament shall be regulated by Rules of Procedure made by it, and until such rules are made, the Procedure of Parliament shall be regulated by Rules of Procedure made by the President. Parliament adopted its own Rules of Procedure on July 22, 1974. After change over from Parliamentary to Presidential system of Government through constitutional amendment, these rules have since been amended on seven occasions.

Thereafter, Parliamentary system was revived through the Constitution (Twelfth Amendment) Act, 1991. For this purpose the Committee on Rules of Procedure set up by Parliament on November 5, 1991 with the Speaker as its Chairman, held nine meetings from December 7, 1991 to January 19, 1992 and prepared a report which recommended some amendments to the previous Rules of Procedure under Rule 265(1) of the said Rules, the above-mentioned report was presented to Parliament on January 26, 1992. Parliament Adopted these amendments on February 5, 1992 and the same were published in the Bangladesh Gazette Extra-ordinary on that day in Bengali only.

After incorporating the above-mentioned amendments, a new edition of the Rules of Procedure of Bangladesh Parliament as amended up to 5th February, 1992 was published.

After the said edition, the House on the 24th July, 1996 set up the Standing Committee on Rules of Procedure, with the Speaker as Chairman, for the purpose of amending the Rules of Procedure and thereafter the Standing Committee on Rules of Procedure and its Sub-Committee met in thirteen meetings from the 4th August, 1996 to the 8th May, 1997 and prepared a report recommending amendments to Rule 247 of the Rules of Procedure. Under Rule 265(1), the report was placed before the house on the 14th May, 1997. Parliament adopted the amendments recommended in the report on 10th June, 1997 and the same were published in the Bangladesh Gazette Extra-ordinary on the same day.

The present edition of the Rules of Procedure incorporates all the amendments made so far.

 

 

Dhaka

16th Ashwin, 1404

1st October, 1997

 

Quazi Md. Munzur-i-Mowla

Secretary

Bangladesh Parliament

 

 

 

TABLE OF CONTENTS

 

CHAPTER I

Short Title and Definitions

RULE

1. Short Title *

2. Definitions *

 

CHAPTER II

Summoning, Prorogation and Dissolution of Parliament and Seating,

Oath and Roll of Members

3. Summoning of Parliament *

4. Prorogation or dissolution of Parliament *

5. Oath of Members *

6. Roll of Members *

7. Seating of Members *

 

CHAPTER III

Election of the Speaker and Deputy Speaker and nomination of a Panel of Chairmen

8. Election of the Speaker *

9. Procedure for Election of the Deputy Speaker *

10. Filling of vacancies in office of Speaker or Deputy Speaker *

11. Resignation of the Speaker or the Deputy Speaker *

12. Panel of Chairmen and Temporary Chairman *

13. Powers of person presiding *

 

CHAPTER IV

Powers and functions of the Speaker and the Deputy Speaker

14. Powers and functions of the Speaker *

15. Withdrawal of member *

16. Suspension of member *

17. Suspension of sitting *

18. When Deputy Speaker is to take the Chair *

19. Delegation of powers of Speaker *

 

CHAPTER V

Sittings of the House

20. Days of sittings *

21. When a sitting of the House is duly constituted *

22. Hours of sittings *

23. Adjournment of sittings *

 

CHAPTER VI

Arrangement of Business and Orders of the Day

(A) Arrangement of Business

24. Classes of business *

25. Allotment of time for transaction of business *

26. Arrangement of Government business *

27. Precedence of Private Members' Bills *

28. Ballot in respect of identical Bills *

29. Precedence of resolutions *

30. Business outstanding at the end of the day *

31. Resumption of adjourned debate on Private Members' Bill or resolution *

(B) Orders of the Day

32. Orders of the Day *

 

CHAPTER VII

President's Address and Messages to and from the House

33. President's Address *

34. Allotment of time for discussion of the address *

35. Other business that may be taken up *

36. Government's right of reply *

37. Time-limit for speeches *

38. Message from the President *

39. Communications from the President to the House *

40. Communications from Parliament to the President *

 

CHAPTER VIII

Questions and Short Notice Questions

(A) Questions

41. Time of questions *

42. Notice of questions *

43. Form of notice of question *

44. Questions for oral answer to be distinguished by asterisks *

45. Speaker to decide if a question is to be treated as starred or unstarred *

46. Notice of admission of questions *

47. Allotment of days for questions *

48. List of questions *

49. Number of questions to be put on any one day *

50. Withdrawal or postponement of questions *

51. Mode of asking questions and giving answers to them *

52. Written answer to questions not answered orally *

53. Conditions of admissibility of questions *

54. Matters to which questions shall relate *

55. Speaker to decide the admissibility of questions. *

56. Supplementary questions *

57. Publicity of answers to questions in advance. *

58. Prohibition of discussion of question or answer *

(B) Short Notice Questions

59. Short Notice Questions *

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CHAPTER IX

Half-an-Hour Discussion

60. Discussion on a matter of public importance arising out of answer to a question. *

 

CHAPTER X

Motion for adjournment on a matter of public importance

61. Speaker’s consent necessary to make motion. *

62. Method of giving notice *

63. Restrictions on the right to make adjournment motions. *

64. Time for asking leave for motion. *

65. Procedure to be followed *

66. Closure of debate. *

67. Time-limit for speeches *

 

CHAPTER XI

Discussion on matters of urgent public importance for short duration

68. Notice of raising discussion. *

69. Speaker to decide admissibility *

70. No formal motion, time limit for speeches *

 

CHAPTER XII

Calling attention to matters of urgent public importance

71. Calling attention to matters of urgent public importance *

 

CHAPTER XIII

Legislation

PART I – INTRODUCTION OF BILLS

SECTION (A). – Private Members’ Bills

72. Notice of Private Members’ Bills *

73. Mode of obtaining and communicating recommendation of President *

74. Introduction of Private Members’ Bills *

SECTION (B). - Government Bills

75. Introduction of Government Bills *

PART II. - PUBLICATION OF BILLS

76. Publications of Bills *

PART III. - CONSIDERATION OF BILLS

77. Motions after introduction and time for consideration of Bills *

78. Discussion of principles of Bills *

79. Persons by whom motions in respect of Bills may be made *

80. Procedure after presentation of report of Select/Standing Committee *

81. Scope of debate on report of Select/Standing Committee *

82. Mode of moving amendments *

83. Notice of amendments *

84. Conditions of admissibility of amendments *

85. Arrangement of amendments *

86. Order of amendments *

87. Withdrawal of amendments *

88. Submission of Bill clause by clause *

89. Clause one, Enacting formula, Preamble and Title of Bill *

PART IV - PASSING OF BILLS ETC.

90. Passing of Bills *

91. Scope of debate *

92. Correction of patent and clerical errors *

93. Withdrawal of Bills *

94. Voting *

95. Authentication of Bills *

96. Publication of Bills assented to by the President *

PART V. – RECONSIDERATION OF BILLS RETURNED BY THE PRESIDENT

97. Message of the President and reconsideration of the Bill *

98. Authentication of Bills passed again by the House *

 

CHAPTER XIV

Amendment of the Constitution

99. Amendment of the Constitution *

 

CHAPTER XV

Petitions

100. Scope of Petitions *

101.Petitions dealing with financial matters *

102.General form of petition *

103.Authentication of petition *

104.Documents not to be attached *

105.Counter-signature *

106.Petition to be addressed to House *

107.Notice of presentation *

108.Presentation of petition *

109Form of presentation *

110. Reference to Committee on petitions *

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CHAPTER XVI

Procedure in Financial Matters

(A) The Budget

111. Presentation of the Budget *

112.Budget not to be discussed on presentation *

113. Stages of the Budget debate *

114.Allotment of days *

General discussion of the Budget

115.General discussion of the Budget *

(B) Demands for Grants

116.Demands for grants *

117.Voting of demands for grants *

118.Cut motions *

119.Conditions of admissibility of cut motions *

120.Speaker to decide admissibility of cut motions *

121.Notice of cut motions *

122.Vote on account *

123.Supplementary, excess and exceptional grants and votes of credit *

124.Scope of discussion on supplementary grants *

125.Token grant *

(C) Appropriation Bill

126.Appropriation Bill *

(D) Finance Bill

127.Finance Bill *

128.Business that can be taken up on a day allotted for financial business *

129.Time-limit for disposal of financial business *

 

CHAPTER XVII

Resolutions

(A) General

130.Right to move and subject-matter of resolution *

131.Notice of resolution *

132.Form of resolution *

133.Conditions of admissibility of resolutions *

134.Raising discussion on matters before tribunals, commissions, etc. *

135.Speaker to decide admissibility of resolutions *

136.Moving of resolution or its withdrawal *

137.Amendments to resolutions *

138.Withdrawal of resolution or amendment after being moved *

139.Order of amendments *

140.Repetition of resolution *

141.Scope of discussion *

142. Time-limit for speeches *

143.Copy of the resolution passed to Ministers concerned *

(B) Resolutions for disapproval of Ordinances under clause (2)

of Article 93 of the Constitution

144.Resolution for disapproval of Ordinance *

145.Rules not to apply to certain Constitutional resolutions *

 

CHAPTER XVIII

Motions (General)

146. Discussion on a matter of public interest *

147.Notice of motions *

148.Conditions of admissibility of motions *

149.Motion for raising discussion on matters before tribunals, commissions, etc. *

150.Speaker to decide admissibility of motions *

151. Identical motions *

152. Right to speak more than once *

153. Right of reply *

154.Amendments *

155.Withdrawal of motions *

156.Allotment of time and discussion of motions *

157. Speaker to put question at the appointed time *

158.Time-limit for speeches. *

 

CHAPTER XIX

Motion of No-confidence in Ministers and statement by a

Minister who has resigned

159.Motion of No-confidence in Ministers *

160.Statement by a Minister who has resigned. *

 

CHAPTER XX

Resolution for removal of Speaker or Deputy Speaker from office

161.Resolution for removal of Speaker or Deputy Speaker *

 

CHAPTER XXI

Motions for impeachment of the President and his removal

from office on ground of incapacity

162.Procedure for impeachment of the President and his removal from office

on ground of incapacity. *

162A.[Omitted]

162B.[Omitted]

 

CHAPTER XXII

Privileges

(A) Questions of Privileges

163.Question of privilege *

164. Notice of question of privilege *

165.Conditions of admissibility of question of privilege *

166. Mode of raising a question of privilege *

167.Time for question of privilege *

168. Consideration by the House or reference to the Standing Committee on Privileges *

169.Reference of Questions of Privilege to Standing Committee on Privileges by Speaker *

170. Power of Speaker to give directions *

171. Priority for consideration of report of the Committee *

(B) Intimation to Speaker of arrest, detention, etc., and release of a member

172.Intimation to Speaker by Magistrate, of arrest, detention etc., of a member *

173.Intimation to Speaker on release of a member *

174.Arrest within the precincts of the House *

175.Service of legal process *

176.Treatment of communications received from Magistrate, etc. *

 

CHAPTER XXIII

Resignation and vacation of seats in the Parliament

177. Resignation of seats in the House *

178. Reference to Election Commission and vacation of seats *

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CHAPTER XXIV

Leave of absence from the Sittings of Parliament

179. Application for leave of absence *

180. Attendance Register *

 

CHAPTER XXV

Secret sittings of the House

181.Secret sittings of the House *

182.Report of proceedings *

183.Procedure in other respects *

184.Lifting ban of secrecy *

185.Disclosure of proceedings or decisions *

 

CHAPTER XXVI

Procedure for Amendment of Rules

186.Amendment of Rules *

 

CHAPTER XXVII

Rules Regulating Committees

(A) General

187.Committee *

188.Appointment of Committee *

189.Term of office of a Committee *

190.Resignation from Committee *

191.Chairman of Committee *

192.Quorum *

193.Discharge of members absent from sittings of Committee *

194.Voting in Committee *

195.Casting vote of Chairman *

196.Power to appoint Sub-Committees *

197.Sittings of Committee *

198.Committee may sit whilst Parliament is sitting *

199.Sittings of Committee in private *

200. Venue of sittings *

201. All strangers to withdraw when Committee deliberates *

202.Power to take evidence or call for documents *

203. Power to send for persons, papers and records *

204.Evidence on oath *

205.Procedure for examining witnesses *

206.Record of decisions of Committee *

207.Evidence, report and proceedings treated as confidential *

208.Special reports *

209.Report of Committee *

210.Availability of report to Government before presentation *

211.Presentation of report *

212.Printing, publication or circulation of report prior to its presentation to House *

213.Power to make suggestions on procedure *

214.Power of Speaker to give directions *

215. Business before Committee not to lapse on prorogation of House *

216.Unfinished work of Committee *

217.Applicability of general rules to Committees *

218.Secretary to be ex-officio Secretary of Committees or he may authorise any officer *

(B) Business Advisory Committee

219.Constitution of Business Advisory Committee *

220.Functions of the Committee *

221.Notification of allocation of Time Order *

(C) Committee on Private Members' Bills and Resolutions

222.Constitution of Committee on Private Members’ Bills and Resolutions *

223.Functions of the Committee *

224.Notification of classification and allocation of Time Order *

(D) Select Committees on Bills

225.Constitution of Select Committee *

226.Notice of Amendments and procedure generally *

227.Power of Committee to take evidence *

228.Report of the Committee *

229.Presentation of report *

230.Printing and publication of reports *

(E) Committee on Petitions

231.Constitution of Committee on Petitions *

232.Functions of the Committee *

(F) Standing Committee on Public Accounts

233.Functions of Committee on Public Accounts *

234.Constitution of the Committee *

(G) Committee on Estimates

235.Functions of Committee on Estimates *

236.Constitution of the Committee *

237.Examinations of Estimates by Committee *

(H) Committee on Public Undertakings

238.Functions of Committee on Public Undertakings *

239.Constitution of the Committee *

(I) Standing Committee of Privileges

240.Constitution of Committee of Privileges *

241.Examination of question by Committee *

242.Consideration of report *

243.Priority for consideration of report of the Committee *

(J) Committee on Government Assurances

244.Functions of Committee on Government Assurances *

245.Constitution of the Committee *

(K) Standing Committees on certain other subjects

246. Appointment of Committees on certain other subjects *

247. Constitution of the Committee *

248. Functions of Committee *

(L) House Committee

249.Constitution of House Committee *

250.Functions of the Committee *

251.Accommodation Sub-Committee *

252.Power to appoint Sub-Committee *

253.Secretariat for Committee *

254.Record of proceedings and Minutes of Committee *

255.Appeal against decision of Committee or Sub-Committee *

256.Provisions applicable in other respects *

(M) Library Committee

257.Constitution of Library Committee *

258.Functions of the Committee *

262.Provisions applicable in other respects *

(N) Standing Committee on Rules of Procedure

263.Functions of Rules Committee *

264.Constitution of the Committee *

265.Laying of report on the Table *

(0) Special Committee

266.Composition and Functions *

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CHAPTER XXVIII

Rules to be observed by members

267.Rules to be observed by members while present in the House *

268.Member to speak when called by Speaker *

269.Mode of addressing House *

270.Rules to be observed while speaking *

271.Procedure regarding allegation against a person *

272.Questions to be asked through Speaker *

273.Irrelevance or repetition *

274.Personal explanation *

275.Member not to speak after question is put *

276.Address by Speaker *

277.Procedure when Speaker rises *

 

CHAPTER XXIX

General Rules or Procedure

Notices

278.Notices by members *

279.Circulation of notices and papers to members *

280.Publicity of notices in advance *

281.Speaker to amend notices of questions and motions, etc. *

Motions

282.Repetition of motions *

283.Adjournment of debate on motion and dilatory motion in abuse of the rules of House *

Anticipating Discussion

284.Anticipating discussion *

Amendments

285.Scope of amendments *

286.Selection of amendments *

287.Putting of amendments *

Order of speeches and right of reply

288.Order of speeches and right of reply *

289.Mover’s reply concludes debate *

Closure

290.Closure *

291.Limitation of debate *

Question for Decision

292.Procedure for obtaining decision of House *

293.Proposal and putting of question *

294.No speech after voices collected *

Voting and Division

295. Voting *

296.Division *

296A.Division by automatic vote recorder. *

296B.Division by going into the Lobbies *

Papers quoted to be laid on the Table

297.Papers quoted to be laid on the Table *

298.Treatment of papers laid on the Table. *

299.Procedure when a Minister discloses source of advice or opinion given to him *

Statement made by a Minister

300.Statement made by a Minister *

Points of Order

301.Points of Order and decisions thereon *

302.Raising a matter which is not a point of order *

Maintenance of Order

303.Speaker to preserve order and enforce decisions *

Quorum

304.Quorum *

Language of the House

305.Language of the House *

Report of Proceedings

306.Report of Proceedings of House *

307.Expunction of words from debates *

308.Indication in printed debates of expunged proceedings *

Printing and Publication of Parliamentary Papers

309.Printing and Publication of Parliamentary Papers *

Custody of Papers

310.Custody of Papers *

Chamber of the House

311.Restriction on use Chamber of House *

Admission of Strangers

312.Admission of strangers *

313.Withdrawal of strangers *

314.Removal and taking into custody of strangers *

Suspension of Rules

315.Suspension of Rules *

Residuary Powers of the Speaker

316.Residuary Powers of the Speaker *

Lapse of Business

317.Lapse of pending notices on prorogation of House *

318.Effect of dissolution of Parliament *

SCHEDULE I

Ballot procedure for determining relative precedence of Private Members’ Bills

and Resolutions *

SCHEDULE II

Form of Petition *

SCHEDULE III

Form of communication regarding arrest, detention, conviction or release, as the

case may be, of a member *

SCHEDULE IV

List of Public Undertakings *

 

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THE RULES OF PROCEDURE OF PARLIAMENT OF BANGLADESH

CHAPTER I

Short Title and Definitions

 

1. Short Title

These rules may be called the rules of Procedure of Parliament of the People's Republic of Bangladesh.

2. Definitions

  1. In these rules, unless the context otherwise requires, -

    1. "Amendment" means a motion to amend an earlier motion before that earlier motion is put to Parliament for its decision;
    2. "Bill" means a motion for making a law;
    3. "Bulletin" means the Bulletin of the House containing-

      1. a brief record of the proceedings of the House at each of its sittings;
      2. information on any matter relating to or connected with the business of the House or other matter which in the opinion of the Speaker may be included therein; and
      3. information relating to Committees of the House;

    1. "Chairman" means a member, other than the Speaker and the Deputy speaker, who for the time being presides over Parliament [and includes a Chairman] of its Committees;

(e) "Chamber" means the place where Parliament meets;

(f) "Committee" means a Committee set up by or under the authority of Parliament and includes its Sub-committees;

(g) "Constitution" means the Constitution of the People's Republic of Bangladesh;

(h) "Deputy Speaker" means the Deputy Speaker of the Parliament;

(i) "Gazette" means the Gazette of the People's Republic of Bangladesh

(j) "Government" means the Government of the People's Republic of Bangladesh;

(k) "House" Means the Parliament of the People's Republic of Bangladesh;

(l) "Leader of the House" means the Prime Minister or a Minister who is a member of the Parliament and is nominated by the Prime Minister to function as the Leader of the House;

(m) "Leader of the Opposition" means that member of the Parliament who, in the opinion of the Speaker, is [ * * *] the Leader in the House of the Party, or of the Group, as the case
may be, in opposition to the Government having the greatest numerical strength in the House;

(n) "Lobby" means the covered corridor immediately adjoining the Chamber and coterminous with it;

(o) "Member" means a member of the Parliament;

(p) "Member-in-Charge" means, in the case of a Government Bill, any Minister and, in the case of any other Bill, the member who has introduced it or any other member authorised
by him in writing to assume charge of the Bill in his absence;

[(q) "Minister" means a member of the Cabinet and includes the Prime Minister, Ministers of State and Deputy Minister:]

    1. "Motion" means a proposal made by a member for the consideration of the Parliament relating to any matter which may be discussed by the Parliament, and includes an amendment;
    2. "Parliament" means the Parliament of the People's Republic of Bangladesh;
    3. "Precincts of the House" means and includes the Chamber, the Lobby, the Galleries and such other places as the Speaker may from time to time specify;
    4. "President" means the President of the People's Republic of Bangladesh and includes any person discharging the functions of the President for the time being under the Constitution;
    5. "Presiding Officer" means, in relation to a sitting, any person who is presiding over that sitting;
    6. "Private Member" means a member other than a Minister;
    7. "Resolution" means a motion, other than a Bill, for the purpose of discussing a matter of general public interest and expressing an opinion thereon, and includes a resolution specified in the Constitution;
    8. "Schedule" means a Schedule appended to these rules;
    9. "Secretariat" means the Secretariat of the Parliament;
    10. "Secretary" means the Secretary to the Parliament and includes any other officer for the time being performing the duties of the Secretary;
    11. "session" means the period from the time when the Parliament first meets after having been summoned to the time when it is prorogued or dissolved;
    12. "Sitting" means the meeting of the Parliament or of a committee (including its sub-Committees) from the commencement of its business to the termination thereof for the day;
    13. "Speaker" means the Speaker of the Parliament and includes the Deputy Speaker or any other person for the time being performing the functions of the Speaker pursuant to Article 74 of the Constitution;
    14. "Starred Question" means a question for an oral answer;
    15. "Table" means the Table of the House and includes the Library of the Parliament;
    16. "Unstarred Question" means a question for a written answer.

  1. Words and expressions used in the Constitution and also used in these rules shall, unless the context otherwise requires, have the meanings assigned to them in the Constitution.

 

CHAPTER II

Summoning, Prorogation and Dissolution of Parliament and Seating,

Oath and Roll of Members

 

3. Summoning of Parliament

When Parliament is summoned, the Secretary shall cause a notification to be published in the Gazette stating the date, time and place of the meeting, and shall also cause to be issued to each member a summons intimating these particulars.

Provided that when a session is called at short notice or emergently, summons may not be issued to each member separately but an announcement of the date, time and place of the session shall be published in the Gazette and made in the Press, and members may be informed by telegram.

4. Prorogation or dissolution of Parliament

When Parliament is prorogued [or dissolved] the Secretary shall cause a notification to that effect to be published in the Gazette.

5. Oath of Members

(1) [Before] the first meting of Parliament after general election, each person elected to Parliament shall, subject to the provisions of sub-clause (c) of clause (2) of Article 71 of the Constitution, make and subscribe and oath (or affirmation) in the form set out in the Third Schedule to the Constitution for member of Parliament before the outgoing Speaker, and in his absence, before the outgoing Deputy Speaker and in the absence of both of them before a person designated by the outgoing Speaker [and if both the offices of the Speaker and the Deputy Speaker are vacant, before a person designated by the President for administering oath to Members and to preside over parliament until a Speaker is elected].

(2) Any person elected to Parliament who has not already made and subscribed the prescribed oath (or affirmation) under sub-rule (1), may do so at a [place and time as may be fixed by the Speaker] in accordance with the provisions contained in paragraph 5 of the Third Schedule to the Constitution.

(3) The outgoing Speaker, if he has been re-elected to the Parliament shall make and subscribe the oath (or affirmation) set out in the Third Schedule to the Constitution for a member of Parliament before [he administers the oath to Members under sub-rule (1)].

 

6. Roll of Members

There shall be a Roll of Members which shall be signed in the presence of the Secretary by every member immediately after making the oath.

7. Seating of Members

The members shall sit in such order as the Speaker may determine.

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CHAPTER III

Election of the Speaker and Deputy Speaker and nomination of a Panel of Chairmen

 

8. Election of the Speaker

(1) At the first sitting after a general election, [***] Parliament shall proceed to elect a Speaker in the manner hereinafter laid down.

(2) Not less than one hour before the time fixed for the election, any member may give notice in writing, addressed to the Secretary, of a motion that another member be chosen as the Speaker, and the notice shall be seconded by a third member and shall be accompanied by a statement in writing by the member whose name is proposed in the notice that he is willing to serve as Speaker, if elected:

Provided that a member shall not propose his own name, or second a motion proposing his own name, or propose or second more than one motion:

Provided further that a person shall not preside over his own election.

(3) A member in whose name a motion stands on the list of business of the day may, when called, move the motion or withdraw the motion, and shall confine himself to a mere statement to that effect.

(4) The motions which have been moved and duly seconded shall be put one by one in the order in which they have been moved, and decided, if necessary, by division. If any motion is carried, the presiding officer, shall, without putting the other motions, declare that the member, proposed in the motion which has been carried, has been elected as the Speaker.

(5) The person so elected shall make and subscribe the oath (or affirmation) prescribed for the Speaker of Parliament in the Third Schedule to the Constitution.

9. Procedure for Election of the Deputy Speaker

The procedure prescribed in rule 8 for the election of Speaker shall apply, mutatis mutandis, for the purposes of the election of the Deputy Speaker.

10. Filling of vacancies in office of Speaker or Deputy Speaker

Whenever the office of the Speaker or of the Deputy Speaker becomes vacant, an election to fill that vacancy shall be held within seven days, if the Parliament is in session or if the Parliament is not in session, at the first meeting thereafter, in accordance with rule 8 or rule 9, as the case may be.

11. Resignation of the Speaker or the Deputy Speaker

Whenever the Speaker or the Deputy Speaker resigns his office, the Secretary shall, on receipt of an intimation to that effect in writing from the President, cause the resignation to be immediately published in the Gazette, and shall also circulate it to the members if Parliament is in session.

12. Panel of Chairmen and temporary Chairman

(1) At the commencement of each session, the Speaker shall nominate from amongst the members of Parliament a panel of not more than five Chairmen, and arrange their names in an order of precedence, and in the absence of the Speaker and the Deputy Speaker, the person whose name is highest on the panel, from amongst those present at the sitting, shall take the Chair.

(2) If at any time, at a sitting of parliament neither the Speaker nor the Deputy Speaker nor any person on the panel of Chairmen is present, the Secretary shall inform the House of that fact, and the House shall, by a motion, elect one of the members present to preside.

13. Powers of person presiding

The Deputy Speaker or any other member competent to preside over a sitting of the House under the Constitution or these rules shall, when so presiding, have the same powers as the Speaker when so presiding and all references to the Speaker in these rules shall in these circumstances be deemed to be references to any such person so presiding.

 

 

CHAPTER IV

Powers and functions of the Speaker and the Deputy Speaker

 

14. Powers and functions of the Speaker

(1) In addition to the specific powers and functions provided by these rules and subject to the provisions of clause (4) of article 74 of the Constitution and the second proviso to sub-rule (2) of rule 8 of these rules, the Speaker shall take the Chair at every sitting of the Parliament at the hour to which Parliament adjourned at the last sitting or at the hour at which the Parliament has been summoned to meet.

(2) The Speaker shall call the sitting to order.

(3) The Speaker shall preserve order and decorum, and in the case of disturbance or disorder in the galleries, may cause them to be cleared.

(4) The Speaker shall decide all points of order.

(5) The Speaker shall have all powers necessary for the purpose of enforcing his decisions.

(6) for the purpose of enforcing the orders of the Speaker there shall be appointed a person to act as the Sergent-at-Arms.

15. Withdrawal of member

The Speaker may direct any member whose conduct is in his opinion, grossly disorderly to withdraw immediately from the House, and any member so ordered to withdraw shall do so, forthwith and shall absent himself [for such a period of the day's sitting as may be decided by the Speaker].

16. Suspension of member

(1) The Speaker may, if he deems it necessary, name a member who disregards the authority of the Chair or abuses the rules of the House by persistently and wilfully obstructing the business thereof.

(2) If a member is so named by the Speaker, the Speaker shall, on a motion being made, forthwith put the question that the member (naming him) be suspended from the service of the House for a period not exceeding the remainder of the session:

Provided that the House may, at any time, on a motion being made, resolve that such suspension be terminated.

(3) A member suspended under this rule shall forthwith withdraw from the precincts of the House.

(4) Suspension of a member from the service of the House shall not be construed as his absence without the leave of the House nor shall it in anyway affect his other rights and privileges as a member.

[(5) It will be deemed to be a breach of privilege/dignity of the House, if any member disregards the directions given by the Speaker under sub-rule (2) and the Speaker may, if he deems it fit, refer the matter to the Standing Committee of Privileges for taking necessary action against the member concerned.]

17. Suspension of sitting

In the case of gross disorder arising in the House, the Speaker may, if he deems it necessary, suspend any sitting for a time to be specified by him.

18. When Deputy Speaker is to take the Chair

Subject to the provisions of clause (4) of article 74 of the Constitution and other provisions of these rules, in the absence of the Speaker, the Deputy Speaker shall take the Chair at a sitting of Parliament.

19. Delegation of powers of Speaker

The Speaker may, by an order in writing, delegate to the Deputy Speaker all or any of his powers under these rules.

 

CHAPTER V

Sittings of the House

 

20. Days of sittings

The Parliament shall sit on such days as the Speaker, having regard to the state of business of the House, may from time to time direct.

21. When a sitting of the House is duly constituted

A sitting of Parliament is duly constituted when it is presided over by the Speaker or any other member competent to preside over a sitting of Parliament under the Constitution or the rules.

[22. Hours of sittings

A time-table for sitting of the House shall be decided according to the direction of the Speaker.]

23. Adjournment of sittings

Subject to the other provisions of these rules, the Speaker may -

  1. adjourn a sitting of Parliament; and
  2. if he thinks fit, call a sitting of the House at a time and date different from that to which it was earlier adjourned.

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CHAPTER VI

Arrangement of Business and Orders of the Day

(A) Arrangement of Business

 

24. Classes of business

(1) Business of the House shall be classified as -

    1. Government Business, or
    2. Private Members' Business

(2) Government business shall consist of Bills, the Budget, Resolutions, Amendments and other motions introduced or initiated by a Minister.

(3) Private Members' business shall consist of Bills, Resolutions, Amendments and other motions introduced or initiated by Private Members.

25. Allotment of time for transaction of business

On Thursday Private members' business shall have precedence, and on all other days, no business other than government business shall be transacted:

Provided that the Speaker may allot different Thursday for the disposal of different classes of Private Members' business and on Thursday so allotted for any particular class of such business, business of that class shall have precedence:

Provided further that if there is no sitting of the House on a Thursday, the Speaker may, if the volume of Private Members' business so requires, direct that any other day in the week may be allotted for Private Member's business:

Provided further that the Speaker if he deems it necessary, may, in consultation with the Leader of the House, allot any day other than Thursday for the transaction of Private Members' business.

26. Arrangement of Government business

The Secretary shall arrange Government business in such order as the Speaker may, after consultation with the Leader of the House, determine:

Provided that such order of business shall not be varied on the day that business is set down for disposal unless the Speaker is satisfied that there is sufficient ground for such variation.

27. Precedence of Private Members' Bills

(1) The relative precedence of notices of Bills given by Private Members' shall be determined by the ballot to be held in accordance with the procedure set out in Schedule I, subject to the authority of the Speaker to make minor variations in the procedure from time to time.

(2) The ballot shall be held on such day, not being less than five days before the day with reference to which the ballot is held, as the Speaker may direct, and the result of the ballot shall be intimated to the members at least three days before the date fixed for discussion in the House.

(3) On a day allotted for the disposal of Private Members' Bills such Bills shall be taken up in the following order:-

    1. Bills in respect of which the motion is that leave be granted to introduce the Bill;
    2. Bills to be introduced;
    3. Bills which have been introduced and reported upon by a Committee;
    4. Bills which had been drawn in a previous ballot and were included in the previous Orders of the Day for Private Members' business but were not moved on that day;
    5. Bills received and balloted subsequently;
    6. Bills returned by the President with a message under clause (3) of Article 80 of the Constitution;
    7. Bills in respect of which the report of a Select Committee has been presented;
    8. Bills introduced in respect of which a motion has been carried that the Bill be taken into consideration;
    9. Bills which have been circulated for the purpose of eliciting public opinion thereon; and
    10. Other Bills.

(4) The relative precedence of Bills falling under the same clause of sub-rule (3) shall be determined by ballot to be held in accordance with the procedure set out in Schedule I, subject to the authority of the Speaker to make minor variations in the procedure from time to time:

Provided that the motion in respect of Bills falling under clause (a) of sub-rule (3) shall be entered in the Orders of the Day in the order in which notices of such motions have been received in point of time:

Provided further that the Speaker may, by special order to be announced in the House, make such variations in the relative precedence of Bills set out in sub-rule (3) as he may consider necessary or convenient.

28. Ballot in respect of identical Bills

If notices of more than one identical Bill are received, the Bill securing first place in the ballot shall be proceeded with and other similar Bills, if the Bill securing first place in the ballot is moved for leave for introduction in the House, shall not be admissible.

29. Precedence of resolutions

(1) The relative precedence of notices of resolutions given by Private Members which have been admitted, shall be determined by ballot to be held in accordance with the procedure set out in Schedule I, on such day, not being less than five days before the day with reference to which the ballot is held, as the Speaker may direct, subject to the authority of the Speaker to make minor variations in the procedure from time to time, and the result of the ballot shall be intimated to the members as least three days before the date fixed for discussion in the House.

(2) A resolution which does not find place in the ballot shall not lapse but shall be included in the subsequent ballot in the same session of Parliament.

30. Business outstanding at the end of the day

(1) Notwithstanding anything contained in rules 27 and 29, any Private Members' business which has been commenced on any day but is not disposed of on that day shall be set down for the next day allotted to business of that class and shall have precedence over all other business set down for that day.

(2) Private Members' business set down for any day and not moved on that day shall not be set down for any subsequent day, unless it has gained precedence at the ballot held with reference to that day.

(3) Subject to the provisions of sub-rule (2), all business appointed for any day and not disposed of on that day shall stand over until the next working day, unless the Speaker, in consultation with the Leader of the House, directs otherwise.

31. Resumption of adjourned debate on Private Members' Bill or resolution

(1) When on a motion being carried the debate on a Private Members' Bill or resolution is adjourned to the next day allotted for Private Members' business in the same or next session, it shall not be set down for further discussion unless it has gained priority at the ballot.

(2) When the debate on a Private Members' Bill or resolution is adjourned sine die, the member-in-charge of the Bill or the mover of the resolution, as the case may be, may, if he wishes to proceed with such Bill or resolution on a subsequent day allotted for Private Members' business, give notice for resumption of the adjourned debate, and on receipt of such notice the relative precedence of such Bill or resolution shall be determined by ballot.

 

(B) Orders of the Day

32. Orders of the Day

(1) A list of business for the day shall be prepared by the Secretary, and, after it has been approved by the Speaker, a copy thereof shall be made available for the use of every member. The list thus prepared shall be called the "Orders of the Day".

(2) Save as otherwise provided in these rules, no business, not included in the Orders of the Day, shall be transacted on any day at any meeting without the special leave of the Speaker.

(3) Save as otherwise provided by these rules, business requiring notice shall not be set down for a day earlier than the day following that on which the period of the notice necessary for that class of business expires.

(4) Unless the Speaker otherwise directs, not more that five resolutions (in addition to any resolution commenced on, and outstanding from, a previous day) shall be set down in the Orders of the Day for any day allotted for the disposal of Private Members' resolutions.

 

 

CHAPTER VII

President's Address and Messages to and from the House

 

33. President's Address

On receipt of an intimation from the President of his intention to address Parliament, the Speaker shall cause the item "Address by the President" to be included in the Orders of the Day for a date and time intimated by the President.

34. Allotment of time for discussion of the address

(1) The Speaker shall, in consultation with the Leader of the House, allot time for the discussion of the matters referred to in the President's Address to the House under article 73 of the Constitution.

(2) On such day or days or part of any day, the House shall discuss the matters referred to in such Address on a Motion of Thanks moved by a member and seconded by another member.

(3) Amendments maybe moved to such Motion of Thanks in such form as may be considered appropriate by the Speaker.

35. Other business that may be taken up

(1) Notwithstanding that a day has been allotted for discussion on the President's Address, -

    1. motion or motions for leave to introduce a Bill or Bills may be made and a Bill or Bills may be introduced on such day, and
    2. other business of a formal character may be transacted on such day before the House commences or continues the discussion on the Address.

(2) The discussion on the Address may be postponed in favour of a Government Bill or other Government business on a motion being made that the discussion on the Address be adjourned to a subsequent day to be appointed by the Speaker. The Speaker shall forthwith put the question, no amendment or debate being allowed.

(3) The discussion on the Address shall be interrupted in the course of a sitting by a motion under rule 66.

36. Government's right of reply

The Prime Minister or any other Minister, whether he has previously taken part in the discussion or not, shall on behalf of the Government have a general right of explaining the position of the Government at the end of the discussion.

37. Time-limit for speeches

The Speaker may, if he thinks fit, prescribe a time-limit for speeches after taking the sense of the House.

38. Message from the President

Where a message from the President under article 73 of the Constitution is received by the Speaker, he shall read the message to the House and give necessary directions in regard to the procedure that shall be followed for the consideration of matters referred to in the message. In giving this direction the Speaker shall be empowered to suspend or vary the rules to such extent as may be necessary.

39. Communications from the President to the House

Communications from the President to the House shall be made to the Speaker by written message signed by the President but, if the President is absent from the place of sitting of the House, his message shall be conveyed to the Speaker through a Minister.

40. Communications from Parliament to the President

Communications from Parliament tot he President shall be made -

  1. by formal address after a motion has been made and carried in the House; and
  2. through the Speaker.

 

 Home

CHAPTER VIII

Questions and Short Notice Questions

(A) Questions

 

41. Time of questions

Unless the Speaker otherwise directs, the first hour of every sitting shall be available for the asking and answering of questions:

Provided that there shall be no Question Hour on the day the Budget is presented.

42. Notice of questions

A member who wishes to ask a question shall give not less than fifteen clear days' notice of his intention and shall, together with the notice, submit a copy of the question he wishes to ask, unless the Speaker with the consent of the Minister concerned allows the question to be asked at shorter notice:

[Provided that no member shall give notice of more than ten questions in one day.]

43. Form of notice of question

(1) Notice of a question shall be given in writing to the Secretary and shall specify the official designation of the Minister to whom it is addressed.

(2) A question may be addressed to a private member provided the subject-matter of the question relates to some Bill, resolution or other matter connected with the business of the House for which that member is responsible; and the procedure in regard to such questions shall, as far as may be, be the same as that followed in the case of questions addressed to a Minister with such variation as the Speaker may consider necessary or convenient.

(3) Where a notice is signed by more than one member, it shall be deemed to have been given by the first signatory.

44. Questions for oral answer to be distinguished by asterisks

A member who desires an oral answer to his question shall distinguish it by an asterisk. If he does not distinguish it by an asterisk, the question shall be treated as an unstarred question and shall be placed on the list of questions for written answer.

45. Speaker to decide if a question is to be treated as starred or unstarred

If, in the opinion of the Speaker, any question distinguished by an asterisk and put for oral answer is of such a nature that a written reply would be more appropriate, the Speaker may, after considering the reasons, if any, given by the member for desiring an oral answer, direct that such question be placed on the list of questions as unstarred question.

46. Notice of admission of questions

A question shall not be placed on the list of questions for answer until eight clear days have expired from the day when notice of the admission of the question by the Speaker has been given by the Secretary to the Minister or the member to whom it is addressed.

47. Allotment of days for questions

The time for answering questions shall be allotted on different days in rotation for answering of questions relating to such Ministry or Ministries of the Government as the Speaker may, from time to time, provide, and on such day, unless the Speaker with the consent of the Minister concerned otherwise directs, only questions relating to the Ministry or Ministries for which time on that day has been allotted, and questions addressed to private members, shall be placed on the list of questions for answers.

48. List of questions

Questions, which have not been disallowed, shall be entered in the list of questions for the day along with the answers and shall be called in the order in which they stand in the list [* *] [ : ].

[Provided that the Speaker may change the order of questions in which they are to be set for answers on that day.]

49. Number of questions to be put on any one day

Not more [one] starred questions and [three] unstarred questions from the same member shall be placed on the list of questions for any one day.

50. Withdrawal or postponement of questions

The questions shall be put on the list of questions in the order in which their notices are received, but a member may, by notice in writing given at any time before the meeting for which his question has been placed on the list, withdraw his question, or postpone it to a later day to be specified in the notice, and on that later day the question shall, subject to the other provisions of these rules, be placed on the list after all the questions not so postponed :

Provided that a question shall not be placed on the list until two clear days have expired from the time when the notice of postponement was received in writing by the Secretary.

51. Mode of asking questions and giving answers to them

(1) Printed copies of the answers to all questions shall be placed on the table at least half-an-hour before the Speaker takes the chair .

(2) At the time of asking questions the Speaker shall call successively each member in whose name a starred question appears in the list of questions.

(3) The member so called shall rise in his place and unless he states that it is not his intention to ask the question standing in his name, he shall ask the question by reference to its number on the list of questions.

(4) If on the question being called, it is not put or the member in whose name it stands is absent, he Speaker, at the request or any other member, may direct that the answer to it may be given.

(5) No unstarred question shall be answered orally but the answers thereto shall be printed and laid on the Table and no supplementary question shall be asked in respect thereof.

52. Written answer to questions not answered orally

If any question placed on the list of questions for answer on any day is not called for answer within the time available for answering questions on that day, the answer already supplied by the Minister concerned or the member to whom the question is addressed shall be deemed to have been laid on the Table at the end of the Question Hour by the Minister or member concerned and no oral reply shall be required for such a question nor shall any supplementary question be asked in respect thereof:

Provided that if the Minister concerned is not ready with the answer to that question, the question shall on a request made by him, be put for answer on the next following day allotted for that Ministry.

53. Conditions of admissibility of questions

(1) Subject to the provisions of sub-rule (2), a question may be asked for the purpose of obtaining information on a matter of public importance within the special cognizance of the Minister or the member to whom it is addressed.

(2) In order to be admissible a question must satisfy the following conditions, namely:-

(i) it shall not bring in any name or statement not strictly necessary to make tile question intelligible;

(ii) if it contains a statement, the member shall make himself responsible for the accuracy of the statement;

(iii) it shall not contain arguments, inferences, ironical expressions, imputations, epithets or defamatory statements;

(iv) it shall not contain an expression of opinion on or the solution of an abstract legal question or a hypothetical proposition;

(v) it shall not refer to the character or conduct of any person except in his official or public capacity nor to the character or conduct which can be challenged only on a substantive motion;

(vi) it shall not be of excessive length;

(vii) it shall not relate to a matter which is not primarily the concern of the Government;

(viii) it shall not ask for information on any matter under the control of bodies or persons not primarily responsible to the Government except where the Government has financial interests in such bodies or persons;

(ix) it shall not ask for information on matters under the consideration of a Committee of the House; nor shall it ask about the proceedings of any such Committee, unless such proceedings have been placed before the House by a report of the Committee;

(x) it shall not make or imply a charge of a personal character;

(xi) it shall not raise questions of policy too large to be dealt with within the limits of an answer to a question;

(xii) it shall not repeat in substance any question already answered during [previous three consecutive sessions of Parliament] or answer to which has been refused in the same session;

(xiii) it shall not be trivial, vexatious, vague or meaningless;

(xiv) it shall not ask for information contained in documents easily accessible to the public or in ordinary words of reference;

(xv) it shall not contain reference to newspapers by name and shall not ask whether statements in the Press or by private individuals or by non-official bodies are accurate;

(xvi) it shall not ask for information regarding [discussions in the Cabinet] for any advice given to the President in relation to any matter in respect of which there is a constitutional, statutory or conventional obligation not to disclose information;

(xvii) it shall not ordinarily ask for information on matters of past history;

(xviii) it shall not ask for information on a matter which is under adjudication by a Court of Law having jurisdiction in any part of Bangladesh;

(xix) it shall not ordinarily ask about matters pending before any statutory tribunal or statutory authority performing any judicial or quasi-judicial functions or any commission or court of enquiry appointed to inquire into, or investigate any matter, but may refer to matters concerned with procedure or subject or state of enquiry, if it is not likely to prejudice the consideration of the matter by the tribunal or commission or court of enquiry;

(xx) it shall not-

(a) contain any reflection on the conduct of the President or of the Judges of the Supreme Court; or

(b) contain any criticism of the decisions of Parliament; or

(c) seek information about matters which are secret in the eye of law; or

(d) contain any reflection on a decision of a Court of Law or statutory tribunal established in Bangladesh or such remarks as are likely to prejudice a matter which is sub judice; or

(e) refer discourteously to a friendly foreign country; or

(f) amount in substance to a suggestion for a particular course of action.

54. Matters to which questions shall relate

(1) A question addressed to a Minister shall relate to public affairs with which he is officially connected or to matter of administration for which he is responsible.

(2) A question addressed to a private member must relate to some Bill, resolution or other matter connected with the business of the House for which that member is responsible.

(3) Questions relating to the Secretariat of the Parliament including the conduct of its officials, may be asked of the Speaker by means of private communication and not otherwise. A copy of such communication together with a copy of the Speaker's reply thereto shall be sent to all other members by means of private communication.

55. Speaker to decide the admissibility of questions.

Within seven days from the date of the receipt of the notice, the Speaker shall decide on the admissibility of a question and may disallow any question or a part thereof which, in his opinion, is in contravention of these rules or is an abuse of the right of asking a question or is calculated to obstruct or prejudicially affect the procedure of the House, or he may, in his discretion, amend it in form.

56. Supplementary questions

When a starred question has been answered, any member may ask such supplementary question or questions as may be necessary for the elucidation of the answer, but the Speaker shall disallow a supplementary question which, in his opinion, either infringes any provision of these rules relating to the subject-matter and admissibility of questions or is otherwise an abuse of the right of asking questions.

57. Publicity of answers to questions in advance.

Questions and answers thereto which the Minister proposes to give in the House shall not be released for publication until the answers have actually been given on the floor of the House or laid on the Table.

58. Prohibition of discussion of question or answer

No discussion shall be permitted on any question or answer given to a question during the Question Hour, except as provided by Rule 60.

(B) Short Notice Questions

59. Short Notice Questions

(1) A question relating to a matter of public importance may be asked with notice shorter than fifteen clear days and if the Speaker is of opinion that the question is of an urgent character and is otherwise admissible, he may cause it to be ascertained from the Minister concerned if he is in a position to reply and if so, on what date.

(2) If the Minister concerned agrees to reply, such question shall be answered on a day, not being later than the fifth day from the date of notice, to be indicated by him and shall be called immediately after the questions appearing on the list of questions for oral answer have been disposed of.

(3) Where a member desires an oral answer to a question at shorter notice he shall briefly state the reasons for asking the question with short notice. Where no such reasons have been assigned in the notice of the question, the question shall be returned to the member.

(4) In other respects, the procedure for short notice questions shall be the same as for ordinary questions for oral answer with such modifications as the Speaker may consider necessary or convenient.

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CHAPTER IX

Half-an-Hour Discussion

 

60. Discussion on a matter of public importance arising out of answer to a question.

(1) The Speaker may, on three clear days’ notice in writing being given by a member to the Secretary, allot half-an-hour on two sittings only in a week for discussion on a matter of public importance, which has been the subject of a recent question, starred or unstarred, and the answer to which needs elucidation on a matter of fact.

(2) Such notices shall briefly specify the point or points intended to be raised by the member and shall be accompanied by an explanatory note stating the reasons for raising discussion on the matter in question:

Provided that if a notice is signed by more than one member, it shall be deemed to have been given by the first signatory only:

Provided further that the Speaker may with the consent of the Minister concerned waive the requirement concerning the period of notice.

(3) Such notices shall be considered by the Speaker in the order in which they have been received, and when two such notices are admitted all other notices shall lapse.

(4) The two admitted notices shall be entered in the Orders of the Day on two separate days in the week in the order in which they were received in point of time:

Provided that if any matter put down for discussion on a particular day, is not disposed of on that day, it shall not be set down for any other day.

(5) The Speaker shall decide whether the matter is of sufficient public importance to be put down for discussion, but he may not admit a notice which, in his opinion, seeks to revise the policy of the Government.

(6) There shall be no formal motion before the House nor voting. The member who has given the notice may make a short statement and the Minister concerned shall reply briefly:

Provided that the Speaker may, in his discretion, if time permits, allow any other member, not exceeding two, who has previously intimated to him in writing, to ask a question each for further elucidation on a matter of fact.

 

CHAPTER X

Motion for adjournment on a matter of public importance

61. Speaker’s consent necessary to make motion.

Subject to the provisions of these rules, a motion for an adjournment of the business of the House for the purpose of discussing a definite matter of recent and urgent public importance may be made with the consent of the Speaker.

62. Method of giving notice

(1) Notice of an adjournment motion shall be given in writing and shall be accompanied by a written statement of the matter proposed to be discussed.

(2) Such notice shall be delivered in triplicate to the Secretary not less than [two hours] 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.

63. Restrictions on the right to make adjournment motions.

The right to make an adjournment motion under rule 61 shall be subject to the following restrictions, namely :-

(i) no adjournment motion shall be moved on any day fixed for general discussion of the Budget;

(ii) not more than one such motion shall be moved at the same sitting. But the admissibility of other motions, if any, may be decided by the Speaker at the same sitting;

(iii) the motion shall be restricted to a specific matter or recent occurrence;

(iv) not more than one matter shall be discussed on the same motion;

(v) the motion shall not relate to a matter or privilege;

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

(vii) the motion shall not relate to matters which can only be remedied by legislation;

(viii) 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 by the Speaker to the probability of the matter anticipated being brought before the House within a reasonable time;

(ix) the motion shall not raise any question which under the Constitution or these rules can only be raised on a distinct motion by a notice given in writing to the Secretary;

(x) the motion shall not raise a 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 but the Speaker may, in his discretion, allow such matter to be raised as is concerned with the procedure or subject or stage of enquiry, provided it is not likely to prejudice the consideration of such matter by the tribunal, authority, commission or court of enquiry, as the case may be;

(xi) the motion shall not deal with any matter which is under adjudication by a Court of Law having jurisdiction in any part of Bangladesh; and

(xii) the motion shall not contain a reflection on the conduct of the President or of a Judge of the Supreme Court of Bangladesh.

64. Time for asking leave for motion.

Leave to make a motion for adjournment shall be asked for immediately after questions and before the Orders of the Day are entered upon.

65. Procedure to be followed

(1) If the Speaker is of opinion that the matter proposed to be discussed is in order and he gives his consent, he shall, after the questions and before the Orders of the Day are entered upon, call the member concerned who shall rise in his place and ask for leave to move the adjournment of the House. At this stage the member concerned shall not make any speech but shall only read the motion along with the written statement:

Provided that where the Speaker has refused his consent under rule 61 or is of opinion that the matter proposed to be discussed is not in order, he may, if he thinks it necessary, read the notice of motion and state the reasons for refusing consent or holding the motion as being not in order .

(2) 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. If not less than twenty-five members so rise or if no objection is taken, the Speaker shall announce that leave is granted and that 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 from the date of grant of leave, as the Speaker, having regard to the state of business of the House, may fix. If less than twenty-five members rise, the Speaker shall inform the member that he has not the leave of the House.

66. Closure of debate.

On the day fixed under sub-rule (2) of rule 65, the only question that may be put shall be that "the House do now adjourn" but no such question shall be put after the time for discussion of the motion has expired when the debate shall automatically terminate.

67. Time-limit for speeches

The Speaker shall prescribe a time limit for speeches.

 

CHAPTER XI

Discussion on matters of urgent public importance for short duration

 

68. Notice of raising discussion.

Any member desirous of raising discussion on matter of urgent public importance may give to the Secretary, not less than two days before the date on which he intends to raise the discussion, notice in writing supported by the signatures of at least five other members and specifying clearly and precisely the matter to be raised:

Provided that the notice shall be accompanied by an explanatory note stating reasons for raising discussion on the matter in question.

69. Speaker to decide admissibility

(1) If the Speaker is satisfied, after calling for such information from the member and the Minister concerned as he may consider necessary, that the matter is urgent and is of sufficient public importance to be raised in the House at an early date and that no early opportunity is otherwise available for the discussion of the matter, he may admit the notice.

(2) The Speaker may, in consultation with the Leader of the House, allot two sittings in a week on which such matters may be taken up for dissuasion and allow such time for discussion not exceeding one hour at or before the end of the sitting as he may consider appropriate in the circumstances.

70. No formal motion, time limit for speeches

(1) There shall be no formal motion before the House for voting. The member who has given the notice may make a short statement and the Minister concerned shall reply in short. Any member who has previously intimated to the Speaker may be permitted to participate in the discussion:

Provided that if the member who has given the notice is absent, any other member who has signed the notice may with the permission of the Speaker, initiate the discussion.

(2) The Speaker may, if he thinks fit, prescribe a time limit for the speeches.

 

 

CHAPTER XII

Calling attention to matters of urgent public importance

[71. Calling attention to matters of urgent public importance

(1) Subject to the provisions of these rules, any member may, with the previous permission of the Speaker, call the attention of a Minister to any matter of urgent public importance and the Minister may make a brief statement or ask for time to make a statement at a later hour or date:

Provided that no member shall give more than one such notice for any one sitting:

Provided further that after a statement made by the Minister, considering the importance of the matter, it may be referred to the Standing Committee of the Ministry concerned by the Speaker for submission of a report on it within 15 days.

(2) There shall be no debate on such a statement at the time it is made but the member in whose name the item stands in the Orders of the Day may, with the permission of the Speaker, ask a question.

(3) Not more than three such matters shall be raised at the same sitting.

(4) In the event of more than three matters being presented for the same day, priority shall be given to such three matters which, in the opinion of the Speaker, are more urgent and important.

(5) All the notices which have not been taken up at the sitting for which they have been given shall lapse at the end of the sitting, unless the Speaker has admitted any three of them for a subsequent sitting.

(6) The proposed matter shall be raised immediately after the questions and before the Orders of the Day are entered upon and at no other time during the sitting of the House.

Explanation-(i) Notices for a sitting received up to two hours before the commencement of the sitting shall be deemed to have been received for that day and notices received thereafter shall be deemed to have been given for the next sitting.

(ii) In case notices are received from more members than one on the same subject and for the same sitting, they shall be dealt with in the order in which they have been received.]

 

 

[CHAPTER XIIA

 

71.A. Statement of a Member on matters or urgent public importance.

(1) Notwithstanding the provisions in rule 71(5), a member may speak for two minutes on each of the notices which are acceptable under rule 71(1) but could not be so accepted in view of rule 71(3). But the total time will not exceed thirty minutes and only as many members may speak as may be possible within that time limit.

(2) The Speaker may allot time for statement on the above subjects after the business under rule 71(6) has been completed.]

 

 

CHAPTER XIII

Legislation

PART I – INTRODUCTION OF BILLS

SECTION (A). – Private Members’ Bills

72. Notice of Private Members’ Bills

(1) Subject to the provisions of these rules, any member, other than a Minister, desiring to move for leave to introduce a Bill, shall give to the Secretary fifteen days' written notice of his intention to do so and shall together with the notice submit three copies of the Bill along with an explanatory statement of objects and reasons which shall not contain arguments.

(2) If the Bill is one which under the Constitution requires the previous recommendation of the President for its introduction, the notice shall also be accompanied by a copy of such recommendation conveyed through the Minister concerned, and the notice shall not be valid until this requirement is complied with.

(3) If the Bill is one which involves expenditure from public moneys, it shall be accompanied by a financial memorandum which shall invite particular attention to the clauses involving expenditure and shall also give an estimate of the recurring and non-recurring expenditure involved in case the Bill is passed into law.

73. Mode of obtaining and communicating recommendation of President

(1) A member other than a Minister, desiring to obtain the previous recommendation of the President for introduction of a Bill shall arrange to obtain it through the Minister concerned.

(2) If the member cannot obtain the recommendation under sub-rule (1), he may send or deliver a copy of the Bill to the Secretary, along with a request in writing that action for obtaining such recommendation be taken, and the Secretary shall cause a copy of the same to be transmitted to the Minister concerned for obtaining President's Order thereon.

(3) The Order of the President granting or withholding recommendation to the introduction of a Bill shall be communicated to the Secretary by the Minister concerned in writing, and on receipt of the President's Orders, the Secretary shall intimate the decision of the President to the member concerned.

(4) If the question arises whether a Bill does or does not require the previous recommendation of the President, the question shall be decided by the Speaker.

74. Introduction of Private Members’ Bills

(1) Motions for leave to introduce Private Members’ Bills shall be set down in the Orders of the Day for a day meant for Private Members’ business.

(2) If a motion for leave to introduce a Bill is opposed, the Speaker, after permitting, if he thinks fit, a brief explanatory statement by the member moving for leave and by the member opposing it, may without further debate put the question.

(3) If leave is granted, the member-in-charge, when called, shall formally move forthwith to introduce the Bill, and on the motion being made, the Bill shall stand introduced.

 

SECTION (B). - Government Bills

75. Introduction of Government Bills

(1) A Minister may move for leave to introduce a Bill after giving to he Secretary seven days' written notice of his intention to do so, unless the Speaker for sufficient reasons suspends this rule and allows the motion to be made at a shorter notice.

(2) The notice shall be accompanied by [two copies] of the Bill together with a statement of objects and reasons, and if the Bill is one that under the Constitution requires the previous recommendation of the President for its introduction, the notice shall contain a certificate by the Minister that the Bill has been recommended by the President for introduction.

(3) The motion for leave to introduce the Bill shall be entered in the Orders of the Day for a day meant for Government business.

(4) When the item is called, the member-in-charge shall move for leave to introduce the Bill. Thereafter the procedure laid down in sub-rules (2) and (3) of rule 74 shall be followed.

 

PART II. - PUBLICATION OF BILLS

 

76. Publications of Bills

(1) Subject to the provisions of sub-rule (2), the Secretary shall cause every Bill that has been introduced to be published in the Gazette as early as possible together with the statement of objects and reasons and the financial memorandum, if any, accompanying it.

(2) 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.

 

 

PART III. - CONSIDERATION OF BILLS

 

77. Motions after introduction and time for consideration of Bills

When a Bill is introduced, or on some subsequent occasion, the member-in-charge may make anyone of the following motions in regard to his Bill, namely:-

(a) that it be taken into consideration by the House either at once or on some future day to be specified in the motion; or

(b) that it be referred to a Standing Committee; or

(c) that it be referred to a Select Committee; or

(d) that it be circulated for the purpose of eliciting opinion thereon:

Provided that no such motion shall be made until after copies of the Bill have been 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 three days before the day on which the motion is made, and such objection shall prevail unless the Speaker in exercise of his power to suspend the rules, allows the motion to be made.

78. Discussion of principles of Bills

(1) On the day on which any of the motions referred to in rule 77 is made, or on any subsequent day to which discussion thereon has been postponed, the principles of the Bill and its general provisions may be discussed, but details of the Bill shall not be discussed further than is necessary to explain its principles.

(2) At this stage no amendments to the Bill may be moved, but-

(a) if the member-in-charge moves that his Bill be taken into consideration, any member may move as an amendment that the Bill be referred to a Select Committee, or to a Standing Committee, or be circulated for the purpose of eliciting opinion thereon by a date to be specified in the motion; or

(b) if the member-in-charge moves that his Bill be referred to a Select Committee, any member may move as an amendment that the Bill be referred to a Standing Committee or be circulated for the purpose of eliciting opinion thereon by a date to be specified in the motion; or

(c) if the member-in-charge moves that his Bill be referred to a Standing 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.

(3) Where a motion that the 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 his Bill thereafter, shall move that the Bill be referred to a Select Committee or to a Standing Committee unless the Speaker in the exercise of his power to suspend this rule, allows a motion to he made that the Bill be taken into consideration.

79. Persons by whom motions in respect of Bills may be made

No motion that the Bill be taken into consideration or be passed shall be made by any member other than the member-in-charge and no motion that the Bill be referred to a Select Committee or to a Standing 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 by the member-in-charge:

Provided that if the member-in-charge is unable, for reasons considered adequate by the Speaker, to move the next motion in regard to his Bill at any subsequent stage after introduction, he may authorise in writing any other member (or any Minister in the case of Government Bill) to move that particular motion with the approval of the Speaker.

Explanation. - Notwithstanding the provisions contained in the proviso the member who introduced the Bill shall continue to be the member-in-charge.

80. Procedure after presentation of report of Select/Standing Committee

(1) Where a Bill has been referred to a Select Committee or a Standing Committee, the member-in-charge may, after presentation of the final report by the Committee, move-

(a) that the Bill, as reported by the Select Committee or Standing Committee, as the case may be, be taken into consideration at once; or

(b) that the Bill, as reported by the Select Committee or Standing Committee, as the case may be, be recommitted to the same Committee or, to a new Select Committee either-

(i) as a whole, or

(ii) with respect to particular clauses or amendments only, or

(iii) with instructions to the Committee to make some particular or additional provisions in the Bill; or

(c) that the Bill, as reported by the Select Committee or Standing Committee be circulated or re-circulated, as the case may be, for the purpose of eliciting opinion or further opinion thereon:

Provided that any member may object to any such motion being made if a copy of the report of the Select Committee or Standing Committee, as the case may be, has not been made available for the use of the members at least three days before the motion is made, and the objection shall prevail unless the Speaker allows the motion to be made.

(2) If the member-in-charge moves that the Bill, as reported by the Select Committee or Standing Committee, as the case may be, be taken into consideration, any member may move as an amendment that the Bill be recommitted to the same Committee or be circulated or re-circulated, as the case may be, for the purpose of eliciting opinion or further opinion thereon.

81. Scope of debate on report of Select/Standing Committee

The debate on a motion that the Bill as reported by the Select Committee or Standing Committee be taken into consideration shall be confined to consideration of the report of the Committee and matters referred to therein or any alternative suggestions consistent with the principles of the Bill.

82. Mode of moving amendments

Subject to the provisions of rules 80 and 81 when a motion that the Bill be taken into consideration has been carried, any member, when called upon by the Speaker, may propose an amendment to the Bill :

Provided that in order to save time and repetition of arguments, a single discussion may be allowed to cover a series of inter-dependent amendments.

83. Notice of amendments

(1) If notice of a proposed amendment has not been given three clear days before the day on which the Bill, the relevant clause of the Schedule is to be considered, any member may object to the moving of the amendment, and such objection shall prevail unless the Speaker suspends this sub-ru1e and allows the amendment to be moved at shorter notice.

(2) The Secretary shall, if time permits, cause a copy of every proposed amendment to be made available for the use of every member.

(3) If the proposed amendment is one which, under the Constitution, cannot be moved without the previous recommendation of the President, the notice shall be accompanied by a copy of, or a certificate about, such recommendation conveyed through a Minister, or given by a Minister, as the case may be according as the Bill is a Private Members' Bill or a Government Bill, and the notice shall not be valid until this requirement is complied with:

Provided that no such recommendation shall be required for moving an amendment which seeks to abolish or reduce any tax.

84. Conditions of admissibility of amendments

The right to move amendments to clauses or Schedules of a Bill shall be governed by the following conditions, namely:-

(i) An amendment shall not be irrelevant to the subject-matter or beyond the scope of the Bill, or the clause or Schedule under consideration.

(ii) An amendment shall not be inconsistent with, or contrary to any previous decision of the House on the same question at the same stage of a Bill.

(iii) An amendment shall not be moved which has merely the effect of a negative vote.

(iv) An amendment shall not be vague, meaningless or frivolous.

(v) An amendment shall not be admissible if it is dependent upon an amendment which has already been negatived by the House.

(vi) An amendment shall not be such as to make the clause it proposes to amend unintelligible or ungrammatical.

(vii) If an amendment refers to, or is not intelligible without a subsequent amendment or Schedule, notice of the subsequent amendment or Schedule shall be given before the first amendment is moved so as to make the series of amendments intelligible as a whole.

(viii) An amendment may be moved to an amendment which has already been moved in the House.

(ix) Amendments to the preamble and title of the Bill shall be admissible where amendments have been made to the Bill which render them necessary.

85. Arrangement of amendments

Amendments of which notices have been given shall, as far as practicable, be arranged in the list of amendments, issued from time to time, in the order in which they may be called. In arranging amendments raising the same question at the same point of a clause, precedence may be given to an amendment moved by the member-in-charge. Subject as aforesaid, amendments may be arranged in the order in which notices thereof are received.

86. Order of amendments

Amendments shall ordinarily be considered in the order of the clauses of the Bill to which they respectively relate:

Provided that the Speaker may put as one question similar amendments to a clause.

87. Withdrawal of amendments

An amendment moved may, by leave of the House, 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.

88. Submission of Bill clause by clause

(1) Notwithstanding anything contained in these rules the Speaker shall,