Chapter 14
Nomination of Members of Parliament on Committees,
Councils, Boards and Commissions, etc., 
set up by the Government

Type of committees

 

 

14.1 There are two types of committees, namely, government committees, i.e., those appointed by Government and the parliamentary committees, i.e., those appointed or elected by the Lok Sabha and the Rajya Sabha or nominated by the Presiding Officer of the two Houses of Parliament. While parliamentary committees consist of Members of Parliament only, government committees are composed of experts, officials, non-officials and, sometimes, Members of Parliament also.

Nomination on government committees

 

 

 

14.2 Nomination of Members of Parliament on committees and other bodies set up by the Government is a subject allocated to the Ministry of Parliamentary Affairs under the Government of India (Allocation of Business) Rules, 1961.  By virtue of this, the Minister of Parliamentary Affairs selects/nominates Members of Parliament to be appointed on all government committees, councils, boards, commissions, etc., set up by various departments. The reasons underlying the allotment of this function to the Ministry are that (a) there should be a single authority through which all nominations of Members of Parliament on various bodies set up by the government are made, (b) the Minister of Parliamentary Affairs being the government chief whip is eminently suited to discharge this function as he/she has the knowledge of interest aptitude, experience, suitability and availability of Members of Parliament for various assignments, and (c) that certain uniform, fair and objective norms would be observed for equitable allocation of membership of the various government bodies to the members of both Houses of Parliament to avoid a situation where some members could be overburdened with too many assignments while others have none.

Observance of guidelines for nomination

 

14.3 The department will forward the proposal for nomination of Members of Parliament by the Minister of Parliamentary Affairs on the committees, councils, boards, commissions, etc., to be set up by them to the Ministry of Parliamentary Affairs, furnishing the requisite information regarding the committee, etc., in the prescribed proforma (Annex 24). While forwarding such proposals, the department shall keep the following points in view:

(i)   No department, except the Ministry of Parliamentary Affairs shall nominate Members of Parliament on any committees, councils, boards, commissions, etc., (hereinafter called government bodies) set up by the Government of India in any department. (This does not include bodies on which Members of Parliament are to be nominated by the Speaker, Lok Sabha or the Chairman, Rajya Sabha or to be elected by either House of Parliament by virtue of any  statutory provisions etc.)

(ii)  If the department sponsoring the proposal considers any particular Members(s) of Parliament suitable for the assignment, this information, with full supporting reasons, should be conveyed ‘confidentially’ at the Minister’s or Secretary’s level to the Ministry of Parliamentary Affairs. Care should be taken to ensure that the proposal is not conveyed to the members concerned before their names are approved by the Minister of Parliamentary Affairs.

(iii) Proposals not sent in the prescribed proforma will be returned to the department concerned for compliance with the guidelines.

 

 

(iv) Members nominated by the Minister of Parliamentary Affairs on government bodies and the department concerned are informed by the Ministry of Parliamentary Affairs about their nominations. However, consent of members to serve on such bodies is not obtained in advance. Where, however, a member, due to some unavoidable reasons, declines  to serve on the body, the concerned department is informed and simultaneously necessary action to nominate another member in his/her place on that body, is initiated.

(v)  Under the Parliament (Prevention of Disqualification) Act, 1959, the Members are entitled to draw only “compensatory allowance” and no other remuneration for attending the meeting of such bodies. “Compensatory allowance” according to the above Act means:

      “Any sum of money payable to the holder of an office by way of daily allowance, such allowance not exceeding the amount of daily allowance to which a Member of Parliament is entitled under the Salary, Allowances and Pension of Members of Parliament Act, 1954 (30 of 1954), any conveyance allowance,       house rent allowance or travelling allowance for the purpose of enabling him to recoup any expenditure incurred by him in performing the functions of that office”.

PRO 11.6

 

The members, who are appointed to the committees, etc., set up by the Government of India, are granted TA/DA for attending the meetings of such committees on the same scale as provided in Sections 3 and 4 of the Salary, Allowances and Pension of Members of Parliament Act, 1954 (as amended from time to time) and Ministry of Finance O.M. No.F 6(26)-E-IV/59 dated 5-9-1960 (as amended from time to time). The payment of TA and DA is governed by Supplementary Rule 190 A(b)(ii). The intimation of such payments to members should invariably be given to the Lok/Rajya Sabha Secretariat and the Pay and Accounts Officer, Lok/Rajya Sabha, soon after the meeting is over and after the payment has been made.

 

 

(vi)   On receipt of the communication regarding nomination of Members of Parliament, the department should proceed to notify their nomination and supply to them all necessary literature including the constitution, functions, programme of work, etc., of the body under intimation to the Ministry of Parliamentary Affairs. A copy of the notification regarding constitution of such body shall invariably be endorsed to the Ministry of Parliamentary Affairs.

(vii)  Proposals for nomination of Members of Parliament on a government body should be sent to the Ministry of Parliamentary Affairs only if the department contemplating to set up the body is in a position to issue notification regarding the nomination of the Members of Parliament soon after receipt of the communication from this Ministry. Where a Government body is to comprise representatives of any other interests, nomination of such representatives of other interests may be finalized and then only the proposals for nomination of Members of Parliament should be sent to the Ministry of Parliamentary Affairs.

(viii) If for any reason it is proposed not to constitute the government body during any of the above stages, this fact should be communicated to the Ministry of Parliamentary Affairs with reasons for such decision.

(ix) Where a government body, in which Members of Parliament are co-opted, is proposed to be wound up or discontinued, it shall be brought to the notice of the Ministry of Parliamentary Affairs with reasons for such decision.

 

 

(x)   If it is decided to curtail or extend the term of such a government body, the decision shall be communicated to the Ministry of Parliamentary Affairs, as it implies curtailment or extension of the term of the Members of Parliament nominated thereon.

(xi)   Even where a Member of Parliament is proposed to be nominated on a government body in his individual capacity or as a representative of a particular class, trade, profession, institution, etc., the concurrence of the Ministry of Parliamentary  Affairs should be obtained.

 

 

(xii)  Whenever a person already serving on a government body becomes a Member of Parliament and it is proposed to continue his membership of the body, the concerned department shall make a reference to the ‘Ministry of Parliamentary Affairs in the prescribed proforma for approval of the Minister of Parliamentary Affairs.

(xiii) In cases where a Member of Parliament nominated on a government body ceases to be a member thereof by resignation, expiration of his term on the body or death, fresh proposal should be sent to the Ministry of Parliamentary Affairs in the prescribed proforma for filling up the vacancy.

(xiv) On the dissolution of the Lok Sabha, all members of the House cease to be members of the government bodies on which they were nominated. In such cases, fresh proposals should be sent to the Ministry of Parliamentary Affairs for nominating members of the new Lok Sabha in their place. The members of the Rajya Sabha nominated on a government body, however, continue to serve thereon till the expiration of their term on the body or the date of their retirement from the Rajya Sabha, whichever is earlier. If, however, the department decides to reconstitute the body for a fresh term and communicate this decision to the Ministry of Parliamentary Affairs, nominations of members of the Lok Sabha and the Rajya Sabha will be made on the body de nova.

(xv) In the case of members of the Rajya Sabha, as stated above, they cease to be members of the government bodies on their retirement from the House. In such cases too, fresh proposals are to be sent to the Ministry of Parliamentary Affairs in the prescribed proforma for filling up the vacancies.