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Rajya Sabha
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LEGISLATION

61. Publication before introduction

The Chairman on a request being made to him may order the publication-of any Bill (together with the Statement of Objects and Reasons, the memorandum regarding delegation of legislative power and the financial memorandum accompanying it) in the Gazette, although no motion has been made for leave to introduce the Bill. In. that case it shall not be necessary to move for leave to introduce the Bill, and, if the Bill is afterwards introduced, it shall not be necessary to publish it again.

62. Notice of Motion for leave to introduce private members' Bills

(1) Any member, other than a Minister, desiring to move for leave to introduce a Bill, shall give notice of his intention, and shall, together with the notice, submit a copy of the Bill and an explanatory Statement of Objects and Reasons which shall not contain argument:

Provided that the Chairman may, if he thinks fit, revise the Statement of Objects and Reasons.

(2) If the Bill is a Bill which under the Constitution cannot be introduced without the previous sanction or recommendation of the President, the member shall annex to the notice such sanction or recommendation, conveyed through a Minister and the notice shall not be valid until this requirement is complied with.

(3) The period of notice of a motion for leave to introduce a Bill under this rule shall be one month unless the Chairman allows the motion to be made at shorter notice.

63. Communication of president's sanction or recommendation in respect of bills

The orders of the President granting or withholding the sanction or recommendation to the introduction or consideration of a Bill shall be communicated to the Secretary-General by the Minister concerned in writing.

64. Financial Memorandum

(1) A Bill involving expenditure 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.

(2) Clauses or provisions in Bills involving expenditure shall be printed in thick type or in italics:

Provided that where a clause in a Bill involving expenditure is not printed in thick type or in italics, the Chairman may permit the member in charge of the Bill to bring to the notice of the Council such clauses.

65. Memorandum on delegated legislation

A Bill involving proposals for the delegation of legislative power shall be accompanied by a memorandum explaining such proposals and drawing attention to their scope and stating also whether they are of normal or exceptional character.

66. Statement in connection with Ordinances

(1) Whenever a Bill seeking to replace an Ordinance with or without modification is introduced in the Council, these shall be placed before the Council alongwith the Bill a statement explaining the circumstances which had necessitated legislation by Ordinance.

(2) Whenever an Ordinance, which embodies wholly or partly or with modification the provisions of a Bill pending before the Council, is promulgated, a statement explaining the circumstances which had necessitated legislation by Ordinance shall be laid on the Table at the commencement of the session following the promulgation of the Ordinance.

67. Motion for leave to introduce Bill

If a motion for leave to introduce a Bill is opposed, the Chairman, after permitting, if he thinks fit, a brief explanatory statement from the member who moves and from the member who opposes the motion, may, without further debate, put the question:

Provided that where a motion is opposed on the ground that the Bill initiates legislation outside the legislative competence of the Council, the Chairman may permit a full discussion thereon.

68. Publication after introduction

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.

(b) MOTIONS AFTER INTRODUCTION OF BILLS

69. Motion after introduction of Bills

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 of the Council; or

(iii) that it be referred to a Joint Committee of the Houses with the concurrence of the House; or

(iv) 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 two days before the day on which the motion is made, and such objection shall prevail, unless the Chairman allows the motion to be made.

70. Discussion of principles of Bill

(1) On the day on which any motion referred to in rule 69 is made, or on any subsequent day to which the discussion thereof is postponed, the principles of the Bill and its provisions may be discussed generally; but the 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 the Bill be taken into consideration, any member may move as an amendment that the Bill be referred to a Select Committee of the Council or a Joint Committee of the Houses with the concurrence of the House, 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 the Bill be referred to a Select Committee of the Council or a Joint Committee of the Houses with the concurrence of the House, any member may move as an amendment that the Bill be referred to a Joint Committee of the Houses with the concurrence of the House or a Select Committee of the Council, as the case may be, or 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 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 of the Council or a Joint Committee of the Houses unless the Chairman allows a motion to be made that the Bill be taken into consideration.

71. Members who may make motions in respect of Bills

No motion that a Bill be taken into consideration or be passed shall be made by any member other than the member in charge of the Bill and no motion that a Bill be referred to a Select Committee of the Council or a Joint Committee of the Houses 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.

(c) SELECT COMMITTEES ON BILLS

72. Constitution

(1) The members of a Select Committee on a Bill shall be appointed by the Council when a motion that the Bill be referred to a Select Committee is made.

(2) No member shall be appointed to a Select Committee if he is not willing to serve on the Committee. The mover shall ascertain whether a member proposed to be named by him is willing to serve on the Committee.

(3) Casual vacancies in a Select Committee shall be filled by appointment on a motion made in the Council.

73. Chairman of Committee

(1) The Chairman of the Committee shall be appointed by the Chairman from amongst the members of the Committee:

Provided that where the Deputy Chairman is a member of the Committee, he shall be appointed Chairman of the Committee.

(2) If the Chairman of the Committee is for any reason unable to act, the Chairman may similarly appoint another Chairman of the Committee in his place.

(3) If the Chairman of the Committee is absent from any meeting, the Committee shall choose another member to act as Chairman of the Committee for that meeting.

74. Quorum

(1) In order to constitute a meeting of the Committee, the quorum shall be one-third of the total number of members of the Committee.

(2) It at the time fixed for any meeting of the Select Committee, or if at any time during any such meeting, there is no quorum the Chairman of the Committee shall either suspend the meeting until there is a quorum or adjourn the meeting to some future day.

(3) Where the Select Committee has been adjourned in pursuance of sub-rule (2) on two successive dates fixed for meeting of the Committee, the Chairman of the Committee shall report the fact to the Council.

75. Discharge of absent members

If a member is absent from two or more consecutive meetings of the Select Committee, without the permission of the Chairman of the Committee, a motion may be moved in the Council for the discharge of such member from the Committee.

76. Members other than members of Committee may be present at a meeting

Members who are not members of a Select Committee may be present during the deliberations of the Committee but shall not address the Committee nor sit in the body of the Committee.

Provided that a Minister may with the permission of the Chairman of the Committee address the Committee of which he may not be a member.

77. Casting vote of Chairman of Committee

In the case of equality of votes on any matter the Chairman of the Committee or other person presiding shall have a second or casting vote.

78. Power to appoint sub-Committees

A Select Committee may appoint a sub-Committee to examine any special points connected with the Bill. The order of reference to such sub-Committee shall clearly state the point or points for investigation. The report of the sub-Committee shall be considered by the whole Committee.

79. Meetings

The meetings of a Select Committee shall be held on such days and at such hour as the Chairman of the Committee may fix:

Provided that if the Chairman of the Committee is not readily available, the Secretary-General may, in consultation with the Minister whose Ministry is concerned with the Bill, fix the date and time of a meeting.

80. Sittings

A Select Committee may sit whilst the Council is sitting provided that on a division being called in the Council the Chairman of the Committee shall suspend the proceedings in the Committee for such time as will in his opinion enable members to vote in the division.

81. Venue of sittings

No sitting of a Select Committee shall be held outside the precincts of the Parliament House:

Provided that if in any case it is considered necessary to hold such a sitting outside the precincts of the Parliament House, the matter shall be referred to the Chairman whose decision shall be final.

82. Notice of amendments and procedure in committee

(1) If notice of a proposed amendment has not been given before the day on which the Bill is taken up by the Select Committee, any member may object to the moving of the amendment and such objection shall prevail unless the Chairman of the Committee allows the amendment to be moved.

(2) In other respects, the procedure in a Select Committee shall, as far as practicable, be the same as is followed in the Council during the consideration stage of a Bill with such adaptations, whether by way of modification, addition or omission, as the Chairman may consider necessary or convenient.

83. Notice of amendments by members other than members of Committee

When a Bill has been referred to a Select Committee, any notice given by a member of any amendment to a clause in the Bill shall stand referred to the Committee provided that where notice of amendment is received from a member who is not a member of the Select Committee such amendment shall not be taken up by the Committee unless moved by a member of the Committee.

84. Power to take evidence or call for papers, records or documents

(1) A Select Committee shall have power to require the attendance of persons or the production of papers or records if such a course is considered necessary for the discharge of its duties:

Provided that if any question arises whether the evidence of a person or the production of a document is relevant for the purposes of the Committee, the question shall be referred to the Chairman whose decision shall be final;

Provided further that Government may decline to produce a document on the ground that its disclosure would be prejudicial to the safety or interest of the State.

(2) Subject to the provisions of this rule, a witness may be summoned by an order signed by the Secretary General and shall produce such documents as are required for the use of the Committee.

(3) A Select Committee may hear expert evidence and representatives of special interest affected by the measure before them.

(4) No document submitted to the Committee shall be withdrawn or altered without the knowledge and approval of the Committee.

85. Procedure for examining witnesses

The examination of witnesses before a Select Committee shall be conducted as follows:-

(1) The Select Committee shall before a witness is called for examination decide the mode of procedure and the nature of questions that may be put to the witness.

(2) The Chairman of the Select Committee may first put to the witness such question or questions as he may consider necessary with reference to the subject matter of the Bill or any connected subject thereto according to the mode of procedure mentioned in sub-rule (1) of this rule.

(3) The Chairman of the Committee may call other members of the Select Committee one by one to put any other questions.

(4) A witness may be asked to place before the Committee any other relevant points that have not been covered and which a witness thinks are essential to be placed before the Committee.

(5) A verbatim record of proceedings of the Select Committee when a witness is summoned to give evidence shall be kept.

86. Printing and publication of evidence

(1) The evidence tendered before the Select Committee under rule 85 may be made available to all members of the Select Committee.

(2) The Committee may direct that the whole or a part of the evidence or a summary thereof may be laid on the Table.

(3) The evidence given before a Select Committee shall not be published by any member of the Select Committee or by any other person until it has been laid on the Table:

Provided that the Chairman may, in his discretion, direct that such evidence be confidentially made available to members before it is formally laid on the Table.

87. Power of Chairman to give directions

(1) The Chairman may from time to time issue such directions to the Chairman of the Committee as he may consider necessary for regulating its procedure and the organization of its work.

(2) If any doubt arises on any point of procedure or otherwise, the Chairman of the Committee may, if he thinks fit, refer the point to the Chairman whose decision shall be final.

88. Power to make suggestions on procedure

A Select Committee shall have power to pass resolutions on matters of procedure relating to Select Committees for the consideration of the Chairman who may make such variations in procedure as he may consider necessary.

89. Record of decisions

A record of the decisions of a Select Committee shall be maintained and circulated to members of the Committee under the direction of the Chairman of the Committee.

90. Reports

(1) As soon as may be after a Bill has been referred to a Select Committee, the Select Committee shall meet from time to time in accordance with rule 79 to consider the Bill and shall make a report thereon within the time fixed by the Council:

Provided that where the Council has not fixed any time for the presentation of the report, the report shall be presented before the expiry of three months from the date on which the Council adopted the motion for the reference of the Bill to the Select Committee:

Provided further that the Council may at any time, on a motion being made, direct that the time for the presentation of the report by the Select Committee be extended to a date specified in the motion.

(2) Reports may be either preliminary or final.

(3) The Select Committee shall in its report state whether the publication of the Bill directed by these rules has taken place, and the date on which the publication has taken place.

(4) Where a Bill has been altered the Select Committee may, if it thinks fit, include in its report a recommendation to the member in charge of the Bill that his next motion should be a motion for circulation, or where the Bill has already been circulated, for recirculation.

(5) The report of the Select Committee shall be signed by the Chairman of the Committee on behalf of the Committee:

Provided that in case the Chairman of the Committee is absent or is not readily available the Committee shall choose another member to sign the report on behalf of the Committee.

(6) Any member of the Select Committee may record a minute of dissent on any matter or matters connected with the Bill or dealt with in the report; so however, a minute of dissent shall be couched in temperate and decorous language and shall not refer to any discussion in the Committee nor cast aspersion on the Committee or Chairman of the Committee or any Member thereof.

(7) (i)If in the opinion of the Chairman of the Committee a minute of dissent contains words, phrases or expressions which are unparliamentary, irrelevant or otherwise inappropriate, he may order such words, phrases or expressions to be expunged from the minute of dissent.

(ii) Notwithstanding anything contained in (i) above, the Chairman shall have the power to order expunction in like circumstances or to review all decisions regarding expunction from minutes of dissent and his decision thereon shall be final.

91. Presentation of report

(1) The report of the Select Committee on a Bill together with the minutes of dissent, if any, shall be presented to the Council by the Chairman of the Committee or in his absence by any member of the Committee.

(2) In presenting a report the Chairman of the Committee or, in his absence, the member presenting the report shall, if he makes any remarks, confine himself to a brief statement of fact, but there shall be no debate at this stage.

92. Printing and Publication of reports

The Secretary-General shall cause every report of a Select Committee to be printed, and a copy of the report shall be made available for the use of every member of the Council. The report and the Bill as reported by the Select Committee, shall be published in the Gazette.  

(d) PROCEDURE AFTER PRESENTATION OF REPORT OF SELECT/ JOINT COMMITTEE

93. Motions that may be moved after presentation of report

(1) After the presentation of the final report of a Select Committee of the Council, or a Joint Committee of the Houses, on a Bill, the member in charge may move-

(a) that the Bill as reported by the Select Committee of the Council, or the Joint Committee of the Houses, as the case may be, be taken into consideration:

Provided that any member of the Council may object to the report being so taken into consideration if a copy of it has not been made available for the use of members for two days, and such objection shall prevail, unless the Chairman allows the report to be taken into consideration; or

  1. that the Bill as reported by the Select Committee of the Council, or the Joint Committee of the Houses, as the case may be, be re-committed either-

    (i) without limitation; or

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

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

  2. that the Bill as reported by the Select Committee of the Council, or the Joint Committee of the Houses, be circulated or recirculated, as the case may be, for the purpose of obtaining opinion or further opinion thereon.

(2) If the member in charge moves that the Bill as reported by the Select Committee of the Council or the Joint Committee of the Houses, as the case may be, be taken into consideration, any member may move as an amendment that the Bill be re-committed or be circulated or re-circulated for the purpose of obtaining opinion or further opinion thereon.

94. Scope of debate on report

The debate on a motion that the Bill as reported by the Select Committee of the Council, or the Joint Committee of the Houses, as the case may be, be taken into consideration shall be confined to consideration of the report of the Committee and the matters referred to in that report or any alternative suggestions consistent with the principles of the Bill.

(e) AMENDMENTS TO CLAUSES, ETC., AND CONSIDERATION OF BILLS

95. Notice of amendments

(1) If notice of an amendment has not been given one day 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 Chairman allows the amendment to be moved:

Provided that, in the case of a Government Bill, an amendment, of which notice has been received from the member in charge, shall not lapse by reason of the fact that the member in charge has ceased to be a Minister or a member and such amendment shall be printed in the name of the new member in charge of the Bill.

(2) The Secretary-General shall, if time permits, make available to members from time to time lists of amendments of which notices have been received.

96. Conditions of admissibility of amendments

The following conditions shall govern the admissibility of amendments:-

  1. An amendment shall be within the scope of the Bill and relevant to the subject matter of the clause to which it relates.
  2. An amendment shall not be moved, which has merely the effect of a negative vote.
  3. An amendment shall not be inconsistent with any previous decision of the Council on the same question.
  4. An amendment shall not be frivolous or be such as to make the clause which it proposes to amend unintelligible or ungrammatical.
  5. 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:

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

  6. The Chairman shall determine the order in which an amendment shall be moved.
  7. An amendment may be moved to an amendment which has already been proposed by the Chairman.

(viii) The Chairman may refuse to propose an amendment which in his in his opinion contravenes these rules.

97. President's sanction or recommendation in respect of amendments

If any member desires to move an amendment which under the Constitution cannot be moved without the previous sanction or recommendation of the President, he shall annex to the notice required by these rules such sanction or recommendation conveyed through a Minister and the notice shall not be valid until this requirement is complied with.

98. Communication of President's sanction or recommendation in respect of amendments

The orders of the President granting or withholding the sanction or recommendation to an amendment to a Bill shall be communicated to the Secretary-General by the Minister concerned in writing.

99. Power of Chairman to select new clauses or amendments

The Chairman shall have power to select the new clauses or amendments to be proposed, and may, if he thinks fit, call upon any member who has given notice of an amendment to give such explanation of the object of the amendment as may enable him to form a judgement upon it.

100. Arrangement of amendments

Amendments of which notice has 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 of the Bill subject as aforesaid, amendments may be arranged in the order in which notice of them is received.

101. Consideration of amendments

Amendments shall ordinarily be considered in the order of the clauses of the Bill to which they respectively relate; and in respect of any such clause a motion shall be deemed to have been made: "That this clause stand part of the Bill."

102. Mode of moving amendments

When a motion that a Bill be taken into consideration has been carried, any member when called upon by the Chairman may move an amendment to the Bill of which he has previously given notice.

103. Withdrawal of amendments

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

104. Submission of a Bill clause by clause.

Notwithstanding anything in these rules, the Chairman may, when a motion that a Bill be taken into consideration has been carried, submit the Bill, or any part of the Bill, to the Council clause by clause. The Chairman may call each clause separately, and, when the amendments relating to it have been dealt with shall put the question: "That this clause (or, as the case may be, that this clause as amended) stand part of the Bill."

105. Postponement of clause

The Chairman may, if he thinks fit, postpone the consideration of a clause.

106. Schedule

The consideration of the schedule or schedules, if any, shall follow the consideration of clauses. Schedules shall be put from the Chair, and may be amended, in the same manner as clauses, and the consideration of new schedules shall follow the consideration of the original schedules. The question shall then be put: "That this schedule (or, as the case may be, that this schedule, as amended) stand part of the Bill."

107. Clause one, enacting formula, preamble and title of the Bill

Clause one, the enacting formula, the preamble, if any, and the title of a Bill shall stand postponed until the other clauses and schedules (including new clauses and new schedules) have been disposed of and the Chairman shall then put the question: "That clause one, or the enacting formula, or the preamble or the title (or, as the case may be, that clause one, the enacting formula, preamble, or title as amended) stand part of the Bill."

108. Power of Chairman to correct patent errors etc

Where a Bill is passed by the Council, the Chairman shall have power to correct patent errors and make such other changes in the Bill as are consequential on the amendments accepted by the Council.

  1. PASSING OF BILLS

    109. Passing of Bills

    (1) 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.

    (2) 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 Chairman allows the motion to be made

    (3) Where the objection prevails, a motion that the Bill be passed may be brought forward on any future day.

    (4) To such a motion no amendment may be moved which is not either formal, verbal or consequential upon an amendment made after the Bill was taken into consideration.

    110. Scope of debate

    The discussion on a notion 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. In making his speech a member shall not refer to the details of the Bill further than is necessary for the purpose of his arguments which shall be of a general character.

    111. Bills passed by Council

    When a Bill is passed by the Council, it shall be transmitted to the House for concurrence with a message to that effect.  

  2. BILLS OTHER THAN MONEY BILLS RETURNED BY HOUSE WITH AMENDMENTS

112. Bills returned by the House with amendment

If a Bill other than a Money Bill passed by the Council and transmitted to the House is returned to the Council with amendment, it shall on receipt be laid on the Table.

113. Notice of motion for consideration of amendment

After the amended Bill has been laid on the Table, any Minister in the case of a Government Bill, or in any other case any member, after giving two days' notice or with the consent of the Chairman without notice, may move that the amendment be taken into consideration.

114. Procedure on consideration of amendment

(1) If a motion that the amendment be taken into consideration is carried, the Chairman shall put the amendment to the Council in such manner as he thinks most convenient for its consideration.

(2) An amendment relevant to the subject matter of the amendment made by the House may be moved, but no further amendment shall be moved to the Bill unless it is consequential upon, or an alternative to, an amendment made by the House.

115. Disposal of amendment

The Council if it agrees to the amendment made by the House shall send a message to the House to that effect but if it disagrees with that amendment or proposes further amendment or an alternative amendment, the Council shall return the Bill as amended to the House with a message to that effect.

116. Disagreement between the Houses

If the Bill is returned to the Council with a message that the House insists on an amendment or amendments to which the Council has disagreed, the Houses shall be deemed to have finally disagreed as to the amendment or amendments.  

(h) ADJOURNMENT OF DEBATE ON, AND WITHDRAWAL AND REMOVAL OF BILLS

117. Adjournment of the debate on a Bill

At any stage of a Bill which is under discussion in the Council a motion that the debate on the Bill be adjourned may be moved with the consent of the Chairman.

118. Withdrawal of a Bill

The member in charge of a Bill may at any stage of the Bill move for leave to withdraw the Bill, and if such leave is granted, no further motion shall be made with reference to the Bill:

Provided that where a Bill has been referred to a Select Committee of the Council or a Joint Committee of the Houses, as the case may be, 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 Council, the motion shall be set down in the list of business:

Provided further that where a Bill has originated in the House and is pending before the Council, the member in charge shall move a motion in the Council recommending to the House that the House do agree to leave being granted by the Council to withdraw the Bill and after the motion is adopted by the Council and concurred in by the House, the member in charge shall move for leave to withdraw the Bill.

119. Procedure when motion of withdrawal of Bill opposed

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

120. Removal of a Bill from the Register of Bills

(1) Where any of the following motions under these rules in regard to a Bill originating in the Council is rejected by the Council, no further motion shall be made with reference to the Bill and such Bill shall be removed from the Register of Bills pending in the Council:-

(i) that leave be granted to introduce the Bill;

  1. that the Bill be referred to a Select Committee of the Council or a Joint Committee of the Houses;
  2. that the Bill be taken into consideration;
  3. that the Bill as reported by a Select Committee of the Council or a Joint Committee of the Houses, as the case may be, be taken into consideration; and
  4. that the Bill (or, as the case may be, that the Bill, as amended) be passed.

(2) A Bill pending before the Council shall also be removed from the Register of Bills pending in the Council in case the Bill is withdrawn under rule 118.

(3) A private member's Bill pending before the Council shall also be removed from the Register of Bills pending in the Council in case the member in charge ceases to be a member of the Council.