Speaker's Directions(1971)

Sl. No.

SPEAKER'S DIRECTIONS- (1971)

Reference

1.

Direction regarding procedures for correcting answers to un-starred questions

Meghalaya L.A. Deb.,
25.11.71,
P.1-3

 
   
 

      On the 29th June, 1971 when the Minister Parliamentary Affairs apologised to a member for the incorrectness of his statement relating to one very important question during the zero hour. The Speaker on the 25th November gave the following direction :-

      "The first item in today's list of business is the question. Now, since there are no questions, let me make a statement on a matter relating to one very important question which came up during the last session. On the 29th June, 1971 in the zero hour, when Shri Akramozzaman sought clarification from the Minister, Parliamentary Affairs in absence of the Minister, Education regarding the appointment of Shri A.C. Sarkar as a Lecturer in History in the Tura Government College in reply to an unstarred question No.46, the Minister stated that "I was given to understand that the matter is still in the Court of Law". Actually the Court had disposed of the case. As soon as the session was over on that day and prorogued the Minister, Parliament Affairs left the Chamber for his office. In office he was subsequently informed that the matter had been disposed of by the Court. 

      The Minister, however, took the earliest opportunity to inform me about the incorrectness of his statement in the House just a few minutes later. He regretted his mistake and formally apologised to the Member concerned and to the House through me. Now, let me read the Minister letter bearing No. MF(Let) S/70, dated 29th June 1971, addressed to me.
 

 
 

"Mawlai, Shillong-8
The 29th June, 1971
No. MF(Let) S/70.

 

To

   
  The Speaker,
Meghalaya Legislative Assembly,
Shillong.
 

Sir,

   
 

     This morning during the zero hour when Shri Akramozzaman sought a clarification regarding the appointment of Shri A.C. Sarkar as a Lecturer of History in the Tura Government College, in reply to unstarred question No.46, I stated, "May I have one word in this matter. I was given to understand that the matter is still in the Court of Law".

     But when I came to my office in the Secretariat at about 1 p.m. I was informed you about the incorrectness of my understanding at that time, which was given by an officer who obtained the information for me through a telephone call and who misunderstood the message given to him on the phone.

     I am sorry for the mistake and I shall formally apologise to the Member concerned and to the House when it meets next. I would request you to convey this apology to Shri Akramozzaman.    

 
 

.

Yours faithfully,
Sd/
B.B. Lyngdoh
 

     In such cases and in the absence of any rules of our own we follow the directions by the Speaker, Lok Sabha as other State Legislatures in India are doing. I quote below Direction 16A from the Directions by the Speaker, Lok Sabha (1962 Edition) regarding procedure for correcting answers to unstarred questions.

      "16A- When a Minister wishes to correct any inaccuracy in the information which he has given in reply to an unstarred question the following procedures shall be followed, namely:-

(i) The Minister shall give to the Secretary notice of his intention to correct the reply given to an unstarred question. That notice shall be accompanied by a copy of the statement propose to be laid down by the Minister.

(ii) When the House is in session, the Secretary shall include the items in the list of questions for written answers on the appropriate date in the following manner :-

     " The Minister of ..................to lay a statement correcting the reply given on the .........197...., to unstarred question No.... by Shri.......... regarding ..........".
(iii) The statement so laid down by the Minister shall be included in the official report of the proceedings of the House for the day at the end of answers to all unstarred questions.
(iv) When the House is not in session, the procedures laid down in Direction 16 (iii) shall apply".

     As the Minister made a statement on 29th June, 1971, that is on the last day of the Budget Session, 1971 and which was a few minutes before proroguing the House there was no time to take action as contemplated in items (i) and (ii) of Direction 16A. So, I have to take recourse to item (iv) of Direction which clearly directs that when the House is not in session, procedures laid down in Direction 169(iii) shall apply.

      I again quote below Direction 16(iii).

      "Direction 16.......(iii) When the House is not in session, the Secretary shall consider whether the statement shall be made by the Minister during the next session in which case the orders of the Speaker shall be taken. If the matter cannot wait till the next session, the statement shall be included in the official report of the proceedings of the House and foot-note given in the proceedings in the following manner :-

      The original reply or statement by the Minister reads as follows :-

      The reply as printed above was sent by the Minister afterwards in substitution of the original reply". 

NOTE :-

"In cases where it is not considered desirable to publish the original answer the revised answer only shall be printed with a suitable foot-note".

      Here, I may say that the Minister immediately after the prorogation of the House on the same day had submitted a notice of his intention to correct the reply stating clearly also under what circumstances he had originally replied. On receipt of the letter I immediately requested Mr. Zaman to see me in my Chamber. Mr. Zaman was shown the letter who also appreciated the prompt action of the Minister. Under the circumstances the question of privilege against the Minister misleading the House cannot arise even on future date.

      Now that the House was prorogued on the 29th June, 1971 that is immediately after the Minister had given the reply and there was no session of the Assembly on the next day, there are two alternatives left for the correction of the reply which the Minister concerned informed to the Assembly Secretariat at the earliest opportunity. Firstly, when the House is not in session, the Secretary shall consider whether the statement shall be made by the Minister during the next session, in which case the orders of the Speaker shall be taken and the second alternative is : If the matter cannot wait till the next session, the statement shall be included in the official report of the proceedings of the House and a foot-note given in the proceedings in the following manner :

      The original statement by the Minister reads as follows : "May I have one word in this mater? I was given to understand that the matter is still in the Court of Law". And this was corrected subsequently by the Minister as follows : "I was informed that the Court has disposed of the case".

      The reply to the above was sent by the Minister afterwards in substitution of the original reply. Here, I suggest that when the Minister had submitted a letter correcting his earlier statement and formally apologised to the Members concerned and to the House, the Minister's subsequent statement may be included in the official report of the proceedings as suggested above and no statement need be made again by the Minister when the House would meet next. I thank the Minister for his prompt and frank confession. The matter is closed now".

Speaker's Directions(1972)

Sl. No.

SPEAKER'S DIRECTIONS- (1972)

Reference

1.

Direction relating to the expression
"such other places"

Meghalaya L.A. Deb.,
28.11.72,
P.6

 
   
 

      On the 28th November, 1972 during the Winter Session, the Speaker gave the following direction :-

 
 

      "Before we pass on the next item, I will give a clarification on the definition of the words "Precincts of the House" Under Assembly Rule 2(i) the expression "Precincts of the House" means and includes the Chamber, the Lobbies, the Gallaries, the Libraries and such other places as the Speaker may form time to time specify. The expression "such other places" has not been specified. I hereby direct that the expression "such other places" shall include the whole of the Meghalaya Legislative Assembly premises including its compound and the corridors and passages connecting or leading to the various rooms of the Speaker, the Deputy Speaker, the Ministers and the Secretariat officers, but excluding the rooms and corridors now under occupation by the All India Radio, Shillong Branch. The order will take effect from now onward till I direct otherwise".

 

Speaker's Directions(1973)

Sl. No.

SPEAKER'S DIRECTIONS- (1973)

Reference

1.

Direction to state a specific policy or grievance while raising a Cut Motion.

Meghalaya L.A. Deb.,
27.3.73,
P.103

 
   
        On the 27th March, 1973 during the Budget Session, the Speaker gave the following direction :-  
 

      "Before I call upon the Minister Concerned to move the demands, I may remind the House that on the day that this House took up the supplementary demands for grants I gave my ruling that in future no Cut Motion would be allowed unless and until it has specifically stated the particular policy or any particular grievance which a Member wants to discuss. But through over sight, some of the Cut Motion & have been admitted. I think for today I will strike a via media. The via media will be that a Member who wants to raise a policy Cut Motion will state a particular policy in which he wants to object or to suggest an alternative policy. But if he has no definite and specific policy to point out, then the Cut Motion stands withdrawn". 
 

 

2.

Direction to the Marshal and the watch and Ward staffs to declare the galleries open and to Mr. P.C. Chyne to withdraw from the House.

Meghalaya L.A. Deb.,
2.4.73,
P.64

 
   
 

      On the 2nd April, 1973 during the Privilege Motion on the Complaint of Breach of Privilege by the Marshal of the Assembly against Mr. Prosperly Chyne of Jaiaw, for criticising the ruling by the hon. Speaker and casting reflections on the hon. Members, the Speaker gave the following direction :-

 
 

      "Now I direct the Marshal and the Watch and Ward staff to declare the galleries open so that Mr. Chyne can be reprimanded here at the Bar of the House right now.

      Now the House will exert its authority and supremacy in the state and once again I remind the House that all Members should observe complete silence at the time when Mr. Prosperly Chyne is reprimanded.

      Mr. Prosperly Chyne, the House has charged you guilty of committing a gross breach of Privilege by adversely remarking against the ruling of the Hon'ble Speaker delivered to this August House on the 28th march, 1973, in the Members' Lounge on the 29th March, 1973 in the present of a few other respectable gentlemen. In the name of the House, I accordingly reprimand you for Committing a gross breach of Privilege of the House. Now you must bow down to the Chair, to the Ruling Party (Mr. P.C. Chyne bowed down to the Ruling Party) and to the Opposition Party (Mr. P.C. Chyne bowed down to the Opposition Party).

      "Now I direct you to withdraw".

(Mr. P.C. Chyne withdrew from the House)

 

Speaker's Directions (1987)

Sl. No.

SPEAKER'S DIRECTIONS- (1987)

Reference

4.

Direction to the members not to remove papers laid on the Table of the House.

Meghalaya L.A. Deb.,
8.4.87,
P.17

 
   
 

      On the 8th April, 1987 after the question hour was over, when the Minister, Law raised a point of order relating to the paper quoted to be laid on the table under Rule 293-294 charging the Members of the Opposition for lifting the papers so laid on the table of the House, the Deputy Speaker gave the following direction :-

 
 

      "Now, I will direct that all connected papers that are laid on the table of the House should not be removed without the permission of the Chair".