““Use of Parliamentary Use of Parliamentary Devices: Legislative and Devices: Legislative and

financial Control over financial Control over Executive”Executive”

By Maitreya Hyaling, By Maitreya Hyaling, Samarthan Center for Budget Studies,Samarthan Center for Budget Studies,

Mumbai.Mumbai.

1) 1) The Question HourThe Question Hour One of the most important and effective parliamentary devices One of the most important and effective parliamentary devices

through which matters of urgent public importance can be raised on through which matters of urgent public importance can be raised on the floor of the house and the accountability of the administration the floor of the house and the accountability of the administration ensured is the Question Procedure. The first hour of every sitting is ensured is the Question Procedure. The first hour of every sitting is normally devoted to questions. A question may be asked for the normally devoted to questions. A question may be asked for the purpose of obtaining information on a matter of public concern, purpose of obtaining information on a matter of public concern, within the cognizance of the Minister of whom it is addressed within the cognizance of the Minister of whom it is addressed

Questions are of three types:Questions are of three types:

A.A. Starred Questions, A starred Questions is one to which a member Starred Questions, A starred Questions is one to which a member desires an oral answer in the House. desires an oral answer in the House.

B.B. Un-starred Question no oral answers to them are to be given but Un-starred Question no oral answers to them are to be given but such Questions and answers thereto are placed on the table of the such Questions and answers thereto are placed on the table of the Assembly and are printed in the official report of proceedings under Assembly and are printed in the official report of proceedings under the heading "Un-starred Question".the heading "Un-starred Question".

……

Short Notice Questions. A member who desires an immediate Short Notice Questions. A member who desires an immediate reply to a Question of an urgent nature gives notice of it to the reply to a Question of an urgent nature gives notice of it to the Secretary which should not be earlier than seven days prior to the Secretary which should not be earlier than seven days prior to the commencement of the session, or an adjourned session. commencement of the session, or an adjourned session. Samarthan's example for a un-starred question during monsoon Samarthan's example for a un-starred question during monsoon session. session.

Samarthans Unstarred Questions (List no 31 Qustin no. Samarthans Unstarred Questions (List no 31 Qustin no. 1284 july 2010.)1284 july 2010.)

1.1. "The irrosion of the agriculurural land due to saline water, the villeges "The irrosion of the agriculurural land due to saline water, the villeges of Farare Mohalla, Vashishti, Dabhol is affected. To protect the land from of Farare Mohalla, Vashishti, Dabhol is affected. To protect the land from Saline water from the creak of khed and Ratnagiri we demanded protective Saline water from the creak of khed and Ratnagiri we demanded protective wall which will protect the agricultural land from the salined water from the wall which will protect the agricultural land from the salined water from the Creak". Creak". Samarthan with the help of other MLA has put an Unstarred Question Samarthan with the help of other MLA has put an Unstarred Question

…… the demand was the Port called Mirrya which at Ratanagiri should be the demand was the Port called Mirrya which at Ratanagiri should be

protected with Anti Erosive Wall to restrict the saline water and the erosion protected with Anti Erosive Wall to restrict the saline water and the erosion and infertility of the Agricultural land.and infertility of the Agricultural land.

The law and justice minister of state replied that The law and justice minister of state replied that "government replied that "government replied that government has decided the work of off shore Reef to with the help of government has decided the work of off shore Reef to with the help of Asian Development Bank, project report of the same is ready, as soon as Asian Development Bank, project report of the same is ready, as soon as government approved the report the work will start.“government approved the report the work will start.“

2.2. Samarthan has given the government of maharashtra Samarthan has given the government of maharashtra " An ppeal to " An ppeal to complet the building of footover bridge which is was going on at naigaon complet the building of footover bridge which is was going on at naigaon railway station, linking juchandra , tiwari, rajawali sasunvaghar, railway station, linking juchandra , tiwari, rajawali sasunvaghar, malajipada, kolho, chinchoti and kamam,"malajipada, kolho, chinchoti and kamam,"

…… Samarthan was following the issue since 30 November 2009 and on 20th Samarthan was following the issue since 30 November 2009 and on 20th

July agin it was used as a Un-starred Question as per the list of the answer July agin it was used as a Un-starred Question as per the list of the answer given by Chief Minister of Maharashtra Mr. Ashok Chavan,given by Chief Minister of Maharashtra Mr. Ashok Chavan, "The "The government has started completing the Construction of the building of government has started completing the Construction of the building of the bridge and for the same another 56.25 crore has assigned to broaden the bridge and for the same another 56.25 crore has assigned to broaden the road also. government is trying to broaden the road but the land the road also. government is trying to broaden the road but the land require comes under maritime board of the Indian government as soon require comes under maritime board of the Indian government as soon as Indian government gives the land the roads will be broade". as Indian government gives the land the roads will be broade".

2) Calling Attention Motion2) Calling Attention Motion

Other important device which Samarthan uses in this Session is Other important device which Samarthan uses in this Session is Private Member Resolution. which is accepted by the Maharashtra Private Member Resolution. which is accepted by the Maharashtra Legislature. A member may, with the previous permission of the Legislature. A member may, with the previous permission of the Chairman or the Speaker, as the case may be, call the attention of a Chairman or the Speaker, as the case may be, call the attention of a Minister to any matter of urgent public importance and the Minister Minister to any matter of urgent public importance and the Minister may move a brief statement or ask for time to make a statement at a may move a brief statement or ask for time to make a statement at a

later hour or date.later hour or date. There is no debate on such statement. The proposed matters are There is no debate on such statement. The proposed matters are

raised after the questions and before the List of Business is entered raised after the questions and before the List of Business is entered upon and at no other time during the sitting of the upon and at no other time during the sitting of the

Council/Assembly.Council/Assembly.

Calling Attention motion:Calling Attention motion: "Demand Increase in the Grant Given "Demand Increase in the Grant Given to the aided Adiwasi Ashram School as per Dearnes Index".to the aided Adiwasi Ashram School as per Dearnes Index".

(This Calling Attention Motion was as per Maharashtra Legislative (This Calling Attention Motion was as per Maharashtra Legislative Act- 102)Act- 102)

Samarhtna with the help of The MLA`s From Various parties use Samarhtna with the help of The MLA`s From Various parties use legistative device, legistative device, calling attention motioncalling attention motion, in the state assembly , in the state assembly session of the july 2010. it was related to the funds given to the session of the july 2010. it was related to the funds given to the Adiwasi ashram schood are insufficient and that should be Adiwasi ashram schood are insufficient and that should be increase and given as per the Dearness index:increase and given as per the Dearness index:

The main demands of the samarthan was:The main demands of the samarthan was: All The post in the aided ashram shool should be filled as per the All The post in the aided ashram shool should be filled as per the

government`s Ashram school.government`s Ashram school.

On the basis of the number of Atrocities on Adiwasi girls, the post of lady constable and On the basis of the number of Atrocities on Adiwasi girls, the post of lady constable and superintendent should be created and filled immediately in each Ashram School.superintendent should be created and filled immediately in each Ashram School.

To improve the quality of the education in Ashram School, A separated Academic Body To improve the quality of the education in Ashram School, A separated Academic Body should be Established.should be Established.

Students from Aided Ashram school should be given cloths, stationary and other medical Students from Aided Ashram school should be given cloths, stationary and other medical facilities as given to Government Ashram School.facilities as given to Government Ashram School.

on behalf of The government of Maharashtra Adiwasi Minister Said:on behalf of The government of Maharashtra Adiwasi Minister Said:

1.Regarding the increase in the Grants towards the aided Ashram schools, a committee is 1.Regarding the increase in the Grants towards the aided Ashram schools, a committee is established for the same as per the recommendation of the committee the decision will be established for the same as per the recommendation of the committee the decision will be taken.taken.

2.The government is about to create the post of lady constable and superintendent.2.The government is about to create the post of lady constable and superintendent.

3. regarding Quality education and all other matters the administrative changes will be done 3. regarding Quality education and all other matters the administrative changes will be done as per the requirementas per the requirement

4. Government has ordered medical officer to visit the Ashram School each month.4. Government has ordered medical officer to visit the Ashram School each month.

5. The cloths, stationary and other requirement may be provided after the due consultation as 5. The cloths, stationary and other requirement may be provided after the due consultation as provide to Government Ashram Schools.provide to Government Ashram Schools.

Private Members Resolution : Private Members Resolution : A member who wishes to move a resolution has to A member who wishes to move a resolution has to give 15 clear days' notice ( 12 clear days' notice in case of the council) before the give 15 clear days' notice ( 12 clear days' notice in case of the council) before the date appointed for the disposal of the private members' resolutions and shall date appointed for the disposal of the private members' resolutions and shall together with the notice submit a copy of the resolution which he wishes to move. together with the notice submit a copy of the resolution which he wishes to move. No member is permitted to send in notices of more than five resolutions during one No member is permitted to send in notices of more than five resolutions during one session of the Council/Assembly. The relative precedence of the notices is session of the Council/Assembly. The relative precedence of the notices is determined by ballot.determined by ballot.

The irrosion of the sea shore due to the saline water at pachu Bandar, suruchi baug, The irrosion of the sea shore due to the saline water at pachu Bandar, suruchi baug, rangaon, watar, satpale, rajodi, kalamb and arnala a unstarred question was rangaon, watar, satpale, rajodi, kalamb and arnala a unstarred question was accepted on 19th november 2009 as per the list 41 the appeal of samarthan was accepted on 19th november 2009 as per the list 41 the appeal of samarthan was accepted but no action was taken, again in the assembly session of jully 2010 again accepted but no action was taken, again in the assembly session of jully 2010 again with the help of other MLA on 2nd july 2010 a Non Governmenatal Resolution with the help of other MLA on 2nd july 2010 a Non Governmenatal Resolution (no. 201) was the resolution is accpted by the Speaker of Maharashtra Legislature (no. 201) was the resolution is accpted by the Speaker of Maharashtra Legislature and as per the document received by the respective department the work is started.and as per the document received by the respective department the work is started.

Half-an-Hour Discussion : Half-an-Hour Discussion : On every Tuesday and Thursday the Chairman/Speaker On every Tuesday and Thursday the Chairman/Speaker allots half an hour at the close of the meeting of the house on that day for raising allots half an hour at the close of the meeting of the house on that day for raising

discussion on a matter of sufficient public importance. If the other business set down discussion on a matter of sufficient public importance. If the other business set down for the day is concluded before the time appointed for the conclusion of the meeting, for the day is concluded before the time appointed for the conclusion of the meeting,

the period of half-an-hour has to commence from the time such other business is the period of half-an-hour has to commence from the time such other business is concluded.concluded.

The Chairman/Speaker may allot any other days instead of Tuesday and Thursday for The Chairman/Speaker may allot any other days instead of Tuesday and Thursday for such discussion.such discussion. A member wishing to raise a matter is to give notice in writing to the A member wishing to raise a matter is to give notice in writing to the Secretary three days in advance of the day on which the matter is desired to be raised Secretary three days in advance of the day on which the matter is desired to be raised

and should briefly specify the points that he wishes to raise. The notice is accompanied and should briefly specify the points that he wishes to raise. The notice is accompanied by an explanatory note stating the reasons for raising discussion on the matter in by an explanatory note stating the reasons for raising discussion on the matter in

Question and is it to be supported by the signatures of at least two other members. The Question and is it to be supported by the signatures of at least two other members. The Chairman/Speaker may with the consent of the Minister in charge of the Department Chairman/Speaker may with the consent of the Minister in charge of the Department

concerned, curtail the period of notice or dispense with notice in any case he deems fit. concerned, curtail the period of notice or dispense with notice in any case he deems fit. If more than two notices have been received and admitted by the Presiding Officer for If more than two notices have been received and admitted by the Presiding Officer for

any day, the Secretary holds a ballot with a view to drawing two notices and the notices any day, the Secretary holds a ballot with a view to drawing two notices and the notices are put down in the order in which they were received in point of time.are put down in the order in which they were received in point of time.

3) Cut Motions3) Cut Motions Governments Expenditure occur in two types (i) Voted and (ii) Governments Expenditure occur in two types (i) Voted and (ii)

Charged. Under the Voted Expenditure, which only is being Charged. Under the Voted Expenditure, which only is being approved by legislators in the assembly, Members can suggest approved by legislators in the assembly, Members can suggest cut motions over the grants for (i) reduction, (ii) to exclusion cut motions over the grants for (i) reduction, (ii) to exclusion of any matter or (iii) for reducing any matter. But No Cut of any matter or (iii) for reducing any matter. But No Cut Motion can be made against increasing Grants or to change the Motion can be made against increasing Grants or to change the basic objectives of the grants. ( U/s 256 (1) Maharashtra basic objectives of the grants. ( U/s 256 (1) Maharashtra Legislature Act).Legislature Act).

Cut Motion should be given before 4 Whole days of the day Cut Motion should be given before 4 Whole days of the day when the concern department is on the discussion (depends up when the concern department is on the discussion (depends up on the state legislature rules). Cut motions shall be given in on the state legislature rules). Cut motions shall be given in the prescribed format which are available the state Secretariat the prescribed format which are available the state Secretariat or the place described by the authority.or the place described by the authority.

There are 3 types of Cut Motions-There are 3 types of Cut Motions- Disapproval of Policy CutDisapproval of Policy Cut- Disapproval of Policy Cut is given in the - Disapproval of Policy Cut is given in the

situation of very important policy issues and when the government is situation of very important policy issues and when the government is failed to respond in the issues, therefore the Members can give this type of failed to respond in the issues, therefore the Members can give this type of cut motion can be given to show the disbelief on the government. If this cut motion can be given to show the disbelief on the government. If this cut motion is accepted in the Assembly, the ruling party has to produce cut motion is accepted in the Assembly, the ruling party has to produce their resignation as per tradition.their resignation as per tradition.

Token Cut-Token Cut- To raise the discussion on government's general To raise the discussion on government's general administration or on a particular departments' work, then the token cut administration or on a particular departments' work, then the token cut motion can be given. Only Rs. 100 is given as nominal Token Motion to motion can be given. Only Rs. 100 is given as nominal Token Motion to show the discontent over the policies of government.show the discontent over the policies of government.

Economy Cut-Economy Cut- When a particular amount is suggested for a Cut Motion When a particular amount is suggested for a Cut Motion for a demand or any matter related to the demand then Economy Cut is for a demand or any matter related to the demand then Economy Cut is given. The members have to show how the cut shall be exercised. If the given. The members have to show how the cut shall be exercised. If the assembly accepts this Cut motion then the voting is given only on the assembly accepts this Cut motion then the voting is given only on the reduced amounts of that particular demandreduced amounts of that particular demand Under section 256 (1) of Under section 256 (1) of Maharashtra Legislature Act.Maharashtra Legislature Act.

In the first time Samarthan's Cut motion were accepted during Assembly session, in In the first time Samarthan's Cut motion were accepted during Assembly session, in the July session 2010 Samarthan approximately use total 50 to 60 Cut motion the July session 2010 Samarthan approximately use total 50 to 60 Cut motion

departments head wise, in first time in the history of Samarthan the Cut motion were departments head wise, in first time in the history of Samarthan the Cut motion were accepted this was due to the use of exact technique. before this Samarthan's accepted this was due to the use of exact technique. before this Samarthan's

technique were lacking regarding the use of cut motion. but with the help and technique were lacking regarding the use of cut motion. but with the help and guidance of Samarthan's Chairman Mr. Vivek Pandit who is now MLA it was guidance of Samarthan's Chairman Mr. Vivek Pandit who is now MLA it was

possible for Samarthan to successfully do the cut motion. which was base on the possible for Samarthan to successfully do the cut motion. which was base on the study. it is very important for Samarthan that total 19 out of 60 cut motion are study. it is very important for Samarthan that total 19 out of 60 cut motion are accepted by the Speaker of the Legislature of Maharashtra the cut Motion on: accepted by the Speaker of the Legislature of Maharashtra the cut Motion on:

1.Planning Department total 9 Cut motion has been Accepted by the Speaker of 1.Planning Department total 9 Cut motion has been Accepted by the Speaker of Maharashtra Legislative Assembly. Maharashtra Legislative Assembly.

2.Public Works Departments: Total 10 were accepted by the Speaker Maharashtra 2.Public Works Departments: Total 10 were accepted by the Speaker Maharashtra Legislative Assembly. Legislative Assembly.

Samarthan has given 70 to 80 Cut motions out of which 19 are accepted. all the Cut Samarthan has given 70 to 80 Cut motions out of which 19 are accepted. all the Cut motion are related to Adiwasis education, sanitation, Housing, agriculture, motion are related to Adiwasis education, sanitation, Housing, agriculture, Transportation, electricity and over all development of Adiwasi, women and Dalits.Transportation, electricity and over all development of Adiwasi, women and Dalits.

4.) Implementation of the 4.) Implementation of the Recommendation of Subject CommitteeRecommendation of Subject Committee As per the inspection of the Panchayat raj Samiti of State of As per the inspection of the Panchayat raj Samiti of State of

Maharashra at Beed District on 18 19 and 20th August 2003 Maharashra at Beed District on 18 19 and 20th August 2003 its was notice that government of Maharashtra has not paid its was notice that government of Maharashtra has not paid the amount of Life insurance from the employee of the the amount of Life insurance from the employee of the Various District Councils Due to which there was loss of Rs. Various District Councils Due to which there was loss of Rs. 16, 180,60. on the basis of Report of the said Committee 16, 180,60. on the basis of Report of the said Committee Samarthan followed the matter in legislature and then the Samarthan followed the matter in legislature and then the Government of Maharashtra Government Resolution to all the Government of Maharashtra Government Resolution to all the District Council, for necessary Action. District Council, for necessary Action.

Impact of the Work:Impact of the Work: The Chief Secretary passed and official order to irrigation The Chief Secretary passed and official order to irrigation

Secretary asking to submit factual report about the matter to Secretary asking to submit factual report about the matter to the Government. the Government.

After the submission of the factual report of the irrigation After the submission of the factual report of the irrigation secretary, the government of Maharashtra accepted the secretary, the government of Maharashtra accepted the demands and make order to provide the required water to the demands and make order to provide the required water to the Zari Lift Irrigation Project.Zari Lift Irrigation Project.

This project will be able to provide irrigated water to 40 This project will be able to provide irrigated water to 40 villages (2515 hector land) by which the land of 40 villages villages (2515 hector land) by which the land of 40 villages will come under irrigation. will come under irrigation.