Odisha Legislative Assembly

From Wikipedia, the free encyclopedia
  (Redirected from Orissa Legislative Assembly)
Jump to: navigation, search
Odisha Legislative Assembly
ଓଡ଼ିଶା ବିଧାନ ସଭା
15th Assembly
Type
Type
Leadership
Speaker
Niranjan Pujari[1]BJD
since 26 May 2014
Deputy Speaker
Sananda Marndi[2], BJD
since 16 June 2014
Leader of the House
Naveen Patnaik, BJD
Leader of the Opposition
Structure
Seats 147
Political groups

BJD (117)
INC(16)
BJP(10)
SKD (1)
CPI(M)(1

Independent(2)
Elections
First-past-the-post
Last election
2014
Meeting place
ORISSA SECRETARIAT.jpg
Bidhan Sabha
Website
http://ws.ori.nic.in/ola/

The Odisha Legislative Assembly is the unicameral state legislature of Odisha state in eastern India. The seat of the Legislative Assembly is at Bhubaneshwar, the capital of the state. The Legislative Assembly comprises 147 Members of Legislative Assembly.[4]

Procedure[edit]

Sessions and Time of Sittings[edit]

The Governor from time to time summons the Assembly to meet at such time and place as thinks fit, but the gap between the Assembly's last sitting in one session and the date appointed for its first sitting in the next session cannot exceed 6 months. The Governor may also from time to time prorogue the Assembly or dissolve the Assembly. [5]

When the Governor summons the Assembly, summons are sent to each member by name, indicating the date, time and place appointed by the Governor for the session of the Assembly. Prorogation by the Governor terminates the session of the Assembly and within a session the Speaker may adjourn the House from time to time or adjourn sine die.


Subject to Article 174 of the Constitution of India read with rule 11 of Rules of Procedure and Conduct of Business in the Orissa Legislative Assembly, in every calendar year the Assembly is required to have minimum of three sessions with minimum 60 sittings days

Unless the Speaker otherwise desires, the sitting of the Assembly commences at 10:30 am local time and concludes at 7 pm local time with a lunch break of two hours which is from 1 pm to 3 pm local time. Under special circumstance, the speaker can allow the House to continue till 9 pm local time.

Procedure[edit]

All items of businesses require a notice period as follows:-

Questions - 14 clear days (Rule37)
Resolutions - 15 clear days (Rule-98-B)
Amendments to resolutions – 3 clear days (Rule 103)
Private Members' Bills - 30 clear days (Rule 66)
Amendment to Bills - 2 clear days (Rule 81)
Motions - 15 days (Rule 111)
Motions for reduction of demands,i.e.Cut-Motions - 5 days (Rule 124)
Half-an-hour discussion - 3 days (Rule 57)
Resolution for removal of Speaker -14 days (Article 179)
Adjournment Motion - One hour before the sitting (Rule 59)


Question Hour[edit]

For the purpose of answering questions, the Departments of Government are divided into groups and dates are fixed for each group. The Ministers concerned are required to answer the questions relating to the group.

The first hour of every sitting of the Assembly is available for answering questions. Questions are classified as

  • Starred Questions
  • Unstarred Questions
  • Short Notice Starred Questions.

If a member desires oral answer, he is required to indicate the question by putting an asterisk mark (*) before it. The questions are answered in the order in which they are printed in the list of questions put for the day. Members are restricted to three such questions for any sitting day. The questions are asked in the order listed by the member who requested it. Supplementary questions can be asked for the purpose of eliciting further information on any matter of fact. The Speaker decides the number of supplementary questions according to the importance of a question.

On urgent matter and matters of public importance, members are allowed to put short notice questions, in which case notice period of 14 clear days is not observed. The speaker has the discretion of allowing such a question and the time period for a response from the ministry involved. If the Minister is unable to answer, the question is disallowed but if the Speaker is of the opinion that the question is of sufficient public importance, he may direct that it be answered as the first question on the day allotted to the group.

Notices of questions are required to be in writing in appropriate forms. In order that a question may be admissible, it is required to satisfy the various conditions detailed in the Rules of Procedure and Conduct of Business in the House. The Speaker decides the admissibility of questions. After a question is admitted, it is sent to the department concerned for furnishing answers to the Minister concerned.

List of Starred, Unstarred and Short Notice question are drawn for each category and circulated to all concerned. Questions are listed as per the order of priority determined by ballot. The dates on which ballot will be held are intimated to members sufficiently in advance. Members are free to witness the ballot.

Any member is allowed to give notice to raise a half-an-hour discussion on matter of sufficient public importance which has been the subject of a question, oral or written and the answers need elucidation on matter of fact. The Speaker may allot half-an-hour on three sittings in a week for such discussion.


Main Business[edit]

The main business of the day may be consideration of a Bill or financial business or consideration of a resolution or a motion.

A bill is a draft of an Act introduced in the Legislature by the Minister. It consists of (1) the title, (2) the enacting formula, (3) the body of the Bill which is divided into clauses with the statement of objects and reasons

Introduction of Bill[edit]

The Speaker may order the publication of any Bill (together with the statement of objects and reasons accompanying) in the Gazette, although no motion has been made for leave to introduce the Bill. In that case, it is not necessary to move for leave to introduce the Bill and if the Bill in afterwards introduced, it is necessary to publish it again. The Speaker will cause a copy of the notice and of the Bill together with the statement of objects and reasons to be forwarded to the Secretary to the Governor and the Law Department.

Whenever a Bill seeking to replace and ordinance with or without modification is introduced in the House, it is placed before the House along with the Bill, a statement explaining the circumstances which had necessitated immediate legislation by ordinance. Whenever an ordinance, which embodies wholly or partly or with modification the provisions of a Bill pending before the House, is promulgated a statement explaining the circumstances, which had necessitated immediate legislation by ordinance is laid on the Table during the Session following the promulgation of the ordinance.

If a motion for leave to introduce a Bill is opposed the Speaker after permitting, if he thinks fit, a brief explanatory statement from the member who opposes and from the member who moves the motion may, without further debate, put the question thereon. As soon as may be after a Bill has been introduced, the Bill unless it has already been published, is published in the Gazette.

Any member is allowed to ask for any paper or return connected with any Bill before the Assembly. The Speaker has the power to determine, either at the time or at the meeting of the Assembly next following whether the papers or returns asked for can be given.


Motions after introduction of Bill[edit]

When a Bill is introduced or on some subsequent occasion, the Member-in-Charge may make one of the following motions in regard to his Bill, namely:- (i) that it be taken into consideration; or (ii) that it be referred to a Select Committee composed of such members of the Assembly and with instruction, if any, to report before such date as may be specified in the motion; or (iii) that it be circulated for the purpose of eliciting opinion thereon by a date to be specified in the motion:

Provided that no such motion shall be made until after copies of the Bill have bee 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 seven days before the day on which the motion is made and such objection shall prevail unless the Speaker allows the motion to be made.

On the date on which any motion referred to in Rule 70 is made or on any subsequent date to which discussion thereof is postponed, the principle of the Bill and its provision may be discussed generally, but the details of the Bill shall not be discussed further than is necessary to explain its principles.

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

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

(b) If the Member-in-Charge moves that the Bill be referred to a Select 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.

Where a motion that a 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 the Bill thereafter, shall move that the Bill be referred to a Select Committee unless the Speaker allows a motion to be made that the Bill be taken into consideration.

No motion that the Bill be taken into consideration or be passed shall be made by any member other than the Member-in-Charge of Bill and no motion that a Bill be referred to a Select 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

With regard to reference of the Bill to Select Committee and the procedure adopted thereon are laid down under the Rule 73 to 80 of the Rules of Procedure and Conduct of Business in the Orissa Legislative Assembly.

Amendments to clauses, etc. and consideration of Bill

If notice of an amendment has not been given two days before the day on which the Bill is to be considered any member may object to the moving of the amendment and such objection shall prevail unless the Speaker allows the amendment to be moved : Provided that in the case of Government Bill, an amendment of which notice has been received from the Member-in-Charge has ceased to be a Minister or a Member and such amendment shall stand in the name of the new Member-in-Charge of the Bill. (2) The Secretary shall, if time permits make available to members from time to time lists of amendments of which notices have been received. Conditions of admissibility of amendments are detailed under Rules 82 of the Rules of Procedure and Conduct of Business in the Orissa Legislative Assembly.

Amendment shall ordinarily be considered in the order of the clauses of Bill to which they respectively relate. An amendment moved may by leave of the Assembly 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.


Passing of Bill[edit]

When a motion that a Bill be taken into consideration has been carried and no amendment of the Bill is made, the Member-in-Charge may at once move that the Bill be passed. If any amendment of the Bill is made, any member may object to any motion being made on the same day that the Bill be passed and such objection shall prevail unless the Speaker allows the motion to be made. Where the objection prevails, a motion that the Bill be passed may be brought forward on any future day. No amendments, not being merely verbal shall be made to any Bill after such a motion is moved.

The discussion on a motion that the Bill be passed shall be confined to the submission of arguments either in support of the Bill or for the rejection of the Bill without going into it details. When a Bill which has been passed by the Assembly is returned by the Governor for reconsideration, the point or points referred for reconsideration shall be put before the Assembly by the Speaker and shall be discussed and voted upon in the same manner as amendments to a Bill, or in such other way as the Speaker may consider most convenient for their consideration by the Assembly.

Adjournment of Debate and Withdrawal and Removal of Bill[edit]

At any stage of a Bill which is under discussion in the Assembly, a motion that the debate on the Bill be adjourned may be moved with consent of the Speaker. The Member who has introduced a Bill may at any stage of the Bill move that the Bill be withdrawn Provided that where a Bill has been referred to a Select Committee, notice of any motion for the withdrawal of the Bill shall automatically stand referred to the committee and after the Committee has expressed its opinion in a report to the Assembly the motion shall be set down in the list of business.

If a motion for leave to withdraw a Bill is opposed the Speaker may, if he thinks fit permit the Member who moves and the Members who opposes the motion to make brief explanatory statements and may thereafter, without further debate, put the question.

Procedure regarding Non-Official Bills[edit]

Members may give notice of Bills. In the first instance the Members should give 30 days notice of their intention to move for leave to introduce a Bill and send a copy of the Bill together with a statement of objects and reasons. An intimation will be sent to the concerned Member if the Bill requires the recommendation of the Governor for introduction or for its consideration. It is the responsibility of the Member-in-Charge to obtain Governor's recommendation and annex to the notice.

On the day on which the item is included in the agenda, the Member concerned should move for leave to introduce the Bill and after the leave is granted formally to introduce the Bill. The Bill after introduction, will be published in the Gazette. If the Bill does not require the recommendation of the Governor for its consideration, the Member concerned should give notice of his intention to move for consideration of the Bill and for the Bill being passed.

Governor's (or President's ) Assent to Bill[edit]

Assent is the final stage in the making of a law. It is the Act where by the Governor (or President, if a Bill is reserved for his assent) gives his assent to the Bill passed by House after which it is published as an Act of the Legislature.

Amendments[edit]

An amendment is an alternation proposed or made in a motion. It must be either to insert certain words in the motion or Bill or to leave out certain words or substitute others. Notice of amendments should be in writing, signed and given to the office before the time prescribed for its receipt. Members, who give amendments should clearly indicate to which clause or sub-clause of a Bill their amendments relate. Amendments received in the office after the prescribed time are liable to be rejected. No notice of amendment need to be given for deleting a whole clause in a Bill. Members who want the deletion of a whole clause may oppose the clause itself when it is put to vote.

Financial Business[edit]

Copies of the Budget papers including Supplementary Budget and Excess Demand are supplied to Members soon after the same is presented.

The Budget is disposed of a in two stages, i.e. general discussion and voting on demands, Members may participate in the general discussion and speak on the Budget as a whole or any question of principle involved therein, but no motion shall be moved at this stage. In the case of Supplementary Budget, Excess Demand, etc. no general discussion takes place.

A Member may give notice of Motions for reduction of Demands (Cut Motion) in the prescribed form available in the office. On the recommendation of the Business Advisory Committee, a time table showing the dates on which demands will be taken up for voting and the dates of giving notice of Cut Motion is circulated. Cut Motions received after the prescribed date and time are rejected.

On the last day of the days allotted for voting on demands at 17.00 Hrs. or at such other hour as the Speaker may fix, the Speaker shall forthwith put every question necessary to dispose of all outstanding matters in connection with the demands for grants, which process is called the "Guillotine'.

Motions for reduction of Demands for Grants : (1) Cut-motions are divided into the following three categories ---

(i) Refusal of supplies, i.e., a motion to reduce the amount of demand to a nominal figure of one rupee. Such motions are intended to refuse supplies because the whole policy underlying this demand is disapproved by a member. Under each demand motions of this category are arranged in the "List of Motions" in the order of receipt. In the case of such motions, no question proposed to be raised need be indicated in brackets except the words refusal of supplies. If any specific grievance is indicated therein the motion will be treated as a "Token Cut " for determining priority.

(ii) Economy cut, i.e. a Cut-motion for the purpose of effecting economy or retrenchment in the "List of Motions". Such motions are entered under the relevant Demand after the motions for Refusal of supplies are arranged in the List of Motions according to the amounts of the cuts proposed. In this case there is no need to mention any specific grievance. The word "economy" should be mentioned and an indication may be given of the particular sub-head or item in respect of which retrenchment of economy is proposed.

(2) The "List of Motions" under the various demands for grants is arranged as explained above. But before the Demands for grants are actually discussed in the Assembly on the days allotted for this purpose the demands that should be discussed are selected by the Business Advisory Committee.

(iii) Token Cut, i.e., a Cut-Motion for a nominal figure in order to ventilate a specific grievance. In giving notices of such motions it is the established practice for members to indicate briefly within brackets the question which they want to raise on each motion for reduction separately. Only one grievance can be discussed on each such uniform figure of cut viz. Rs. 100. These motions are entered after the economy cuts and are arranged in the list of motion in the order of receipt irrespective of amount of the cut. In moving such motions, suggestions to amend existing legislation are not in order. Moreover, a special demand is put down to cover a specific and particular subject, it can be discussed only under that specific demand and not under any other demand.

Since the Demands which the Finance Minister may subsequently find necessary to present to the Assembly for excess grant and for supplementary or additional grants are dealt the same manner by the Assembly as if they were demands for grants. It is open to members to give notice of Cut-Motions in respect of such demands also.



History[edit]

The following is the list of Odisha Legislative Assembly sittings:

No. Name Constitution Dissolution Speaker[6]
a First Pre-Independent Assembly 03.02.1937 14.09.1945 Shri Mukunda Prasad Das (28.07.1937 - 29.05.1946)
b Second Pre-Independent Assembly 18.04.1946 20.02.1952 Lal Mohan Patnaik (29.05.1946 - 06.03.1952)
1 First Assembly after Independence 20.02.1952 04.03.1957 Nanda Kishore Das (06.03.1952 - 27.05.1957)
2 Second Assembly 01.04.1957 25.02.1961 Nilakantha Das (27.05.1957 – 01.07.1961)
3 Third Assembly 21.06.1961 01.03.1967 Lingaraj Panigrahi (01.07.1961 – 18.03.1967)
4 Fourth Assembly 01.03.1967 23.01.1971 Nanda Kishore Misra (18.03.1967 – 12.04.1971)
5 Fifth Assembly 23.03.1971 03.03.1973 Nanda Kishore Misra (12.04.1971 – 21.03.1974)
6 Sixth Assembly 06.03.1974 30.04.1977 Braja Mohan Mohanty (21.03.1974 - 01.07.1977)
7 Seventh Assembly 26.06.1977 17.02.1980 Satyapriya Mohanty (01.07.1977 – 12.06.1980)
8 Eighth Assembly 09.06.1980 09.03.1985 Somnath Rath (12.06.1980 – 11.02.1984)*
Prasanna Kumar Dash (22.02.1984 - 14.02.1985)
9 Ninth Assembly 09.03.1985 03.03.1990 Prasanna Kumar Dash (14.02.1985 – 09.03.1990)
10 Tenth Assembly 03.03.1990 15.03.1995 Yudhistir Das (09.03.1990 – 22.03.1995)
11 Eleventh Assembly 15.03.1995 29.02.2000 Kishore Chandra Patel (22.03.1995 - 14.01.1996)*
Chintamani Dyan Samantra (16.02.1996 – 10.03.2000)
12 Twelfth Assembly 29.02.2000 06.02.2004 Sarat Kumar Kar (10.03.2000 - 21.05.2004)
13 Thirteenth Assembly 15.05.2004 19.05.2009 Maheshwar Mohanty (21.05.2004 - 31.03.2008)*
Kishore Kumar Mohanty (19.08.2008 - 25.05.2009)
14 Fourteenth Assembly 19.05.2009 24.05.2014 Pradip Kumar Amat (25.05.2009-24.05.2014)
15 Fifteenth Assembly 25.05.2014 Incumbent Niranjan Pujari (24.05.2014-Incumbent)

* Resigned

Leaders of Opposition[edit]

I.N.* Name Party Term start Term end
1 Shradhakara Supakar Ganatantra Parisad 16.02.1952 04.03.1957
2 Rajendra Narayan Singh Deo Ganatantra Parisad 01.04.1957 22.05.1959
(2) Rajendra Narayan Singh Deo Ganatantra Parishad/ Swatantra Party 21.06.1961 01.03.1967
3 Sadashiva Tripathy Indian National Congress 18.03.1967 14.09.1970
4 Gangadhra Mohapatra Utkal Congress 15.09.1970 23.01.1971
5 Binayak Acharya Congress(R) 04.05.1971 14.06.1972
(2) Rajendra Narayan Singh Deo Swatantra Party 14.06.1972 09.02.1973
6 Biju Patnaik Pragati Legislature Party (PLP) 09.02.1973 03.03.1973
(6) Biju Patnaik PLP/ Bharatiya Lok Dal 19.03.1974 24.03.1977
7 Ram Prasad Mishra Janata Legislature Party 31.03.1977 30.04.1977
8 Chintamani Panigrahi Indian National Congress 29.06.1977 20.02.1978
9 Brundaban Nayak Indian National Congress 20.02.1978 03.09.1979
10 Prahalad Mallick Janata Party 03.09.1979 13.02.1980
11 Ananta Narayan Singh Deo Janata Party 13.02.1980 17.02.1980
12 Sarat Kumar Dev United Front 02.04.1984 10.03.1985
(6) Biju Patnaik Janata Dal 22.03.1985 03.03.1990
(6) Biju Patnaik Janata Dal 23.03.1995 20.05.1996
13 Ashok Kumar Das Janata Dal 22.05.1996 17.12.1997
14 Rama Krishna Patnaik Biju Janata Dal 22.02.1998 16.11.1998
15 Prafulla Samal Biju Janata Dal 16.11.1998 01.12.1998
16 Satchidananda Dalal Biju Janata Dal 11.12.1998 29.02.2000
17 Ramakanta Mishra Indian National Congress 21.03.2000 06.02.2004
18 Janaki Ballabh Pattanaik Indian National Congress 04.06.2004 24.01.2009
19 Rama Chandra Ulaka Indian National Congress 24.01.2009 19.05.2009
20 Bhupinder Singh Indian National Congress 27.05.2009 07.03.2014
21 Surendra Singh Bhoi (interim) Indian National Congress 08.03.2014 16.05.2014-
22 Narasingha Mishra Indian National Congress 11.06.2014 Incumbent-

*: Incumbent number

Political Parties[edit]

Current Seats:

Party No. of Candidates Elected Vote Percentage
Biju Janata Dal 117 43.4%
Indian National Congress 16 25.7%
Bharatiya Janata Party 10 18.0%
Others 4 5.9%

See also[edit]

References[edit]

  1. ^ "Niranjan Pujari new Odisha Assembly Speaker". Business Standard. Retrieved 22 June 2014. 
  2. ^ "Sanand Marandi elected dy speaker". Odisha Reporter. Retrieved 22 June 2014. 
  3. ^ "Narasingh Mishra New CLP Leader". New Indian Express. Retrieved 22 June 2014. 
  4. ^ "Orissa Legislative Assembly". legislativebodiesinindia.nic.in. 2005. Retrieved 29 December 2012. "The strength of Assembly was later increased to 147 with effect from the Sixth Legislative Assembly (1974)." 
  5. ^ http://ws.ori.nic.in/ola/hand4.htm
  6. ^ "List of all speakers of Orissa Assembly till date". orissa.oriyaonline.com. Retrieved 29 December 2012. "Speakers of Orissa Assembly from 1937-2009" 

External links[edit]