1. ““Use of ParliamentaryUse of Parliamentary
Devices: Legislative andDevices: Legislative and
financial Control overfinancial Control over
Executive”Executive”
By Maitreya Hyaling,By Maitreya Hyaling,
Samarthan Center for Budget Studies,Samarthan Center for Budget Studies,
Mumbai.Mumbai.

2. 1)1) The Question HourThe Question Hour
 One of the most important and effective parliamentary devicesOne of the most important and effective parliamentary devices
through which matters of urgent public importance can be raisedthrough which matters of urgent public importance can be raised
on the floor of the house and the accountability of theon the floor of the house and the accountability of the
administration ensured is the Question Procedure. The first houradministration ensured is the Question Procedure. The first hour
of every sitting is normally devoted to questions. A question mayof every sitting is normally devoted to questions. A question may
be asked for the purpose of obtaining information on a matter ofbe asked for the purpose of obtaining information on a matter of
public concern, within the cognizance of the Minister of whom itpublic concern, within the cognizance of the Minister of whom it
is addressedis addressed
 Questions are of three types:Questions are of three types:
A.A. Starred Questions, A starred Questions is one to which a memberStarred 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 butUn-starred Question no oral answers to them are to be given but
such Questions and answers thereto are placed on the table of thesuch Questions and answers thereto are placed on the table of the
Assembly and are printed in the official report of proceedingsAssembly and are printed in the official report of proceedings
under the heading "Un-starred Question".under the heading "Un-starred Question".

3. ……
 Short Notice Questions. A member who desires an immediateShort Notice Questions. A member who desires an immediate
reply to a Question of an urgent nature gives notice of it toreply to a Question of an urgent nature gives notice of it to
the Secretary which should not be earlier than seven daysthe Secretary which should not be earlier than seven days
prior to the commencement of the session, or an adjournedprior to the commencement of the session, or an adjourned
session.session. Samarthan's example for a un-starred questionSamarthan's example for a un-starred question
during monsoon session.during monsoon session.
 Samarthans Unstarred Questions (List no 31 QustinSamarthans Unstarred Questions (List no 31 Qustin
no. 1284 july 2010.)no. 1284 july 2010.)
 1.1. "The irrosion of the agriculurural land due to saline water, the"The irrosion of the agriculurural land due to saline water, the
villeges of Farare Mohalla, Vashishti, Dabhol is affected. To protect thevilleges of Farare Mohalla, Vashishti, Dabhol is affected. To protect the
land from Saline water from the creak of khed and Ratnagiri weland from Saline water from the creak of khed and Ratnagiri we
demanded protective wall which will protect the agricultural land fromdemanded protective wall which will protect the agricultural land from
the salined water from the Creak".the salined water from the Creak". Samarthan with the help of otherSamarthan with the help of other
MLA has put an Unstarred QuestionMLA has put an Unstarred Question

4. ……
 the demand was the Port called Mirrya which at Ratanagiri should bethe demand was the Port called Mirrya which at Ratanagiri should be
protected with Anti Erosive Wall to restrict the saline water and the erosionprotected 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 thatThe 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 ofgovernment 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 asAsian 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 maharashtraSamarthan has given the government of maharashtra " An ppeal to" An ppeal to
complet the building of footover bridge which is was going on at naigaoncomplet 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,"

5. ……
 Samarthan was following the issue since 30 November 2009 and on 20thSamarthan 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 answerJuly 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 ofgovernment has started completing the Construction of the building of
the bridge and for the same another 56.25 crore has assigned to broadenthe 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 landthe road also. government is trying to broaden the road but the land
require comes under maritime board of the Indian government as soonrequire 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".

6. 2) Calling Attention Motion2) Calling Attention Motion
 Other important device which Samarthan uses in this Session isOther important device which Samarthan uses in this Session is
Private Member Resolution. which is accepted by the MaharashtraPrivate Member Resolution. which is accepted by the Maharashtra
Legislature. A member may, with the previous permission of theLegislature. A member may, with the previous permission of the
Chairman or the Speaker, as the case may be, call the attention of aChairman or the Speaker, as the case may be, call the attention of a
Minister to any matter of urgent public importance and the MinisterMinister to any matter of urgent public importance and the Minister
may move a brief statement or ask for time to make a statement at amay 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 areThere is no debate on such statement. The proposed matters are
raised after the questions and before the List of Business is enteredraised after the questions and before the List of Business is entered
upon and at no other time during the sitting of theupon and at no other time during the sitting of the
Council/Assembly.Council/Assembly.

7.  Calling Attention motion:Calling Attention motion: "Demand Increase in the Grant"Demand Increase in the Grant
Given to the aided Adiwasi Ashram School as per Dearnes Index".Given 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 useSamarhtna 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 thesession of the july 2010. it was related to the funds given to the
Adiwasi ashram schood are insufficient and that should beAdiwasi 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 theAll The post in the aided ashram shool should be filled as per the
government`s Ashram school.government`s Ashram school.

8.  On the basis of the number of Atrocities on Adiwasi girls, the post of ladyOn the basis of the number of Atrocities on Adiwasi girls, the post of lady
constable and superintendent should be created and filled immediately in eachconstable and superintendent should be created and filled immediately in each
Ashram School.Ashram School.
 To improve the quality of the education in Ashram School, A separated AcademicTo improve the quality of the education in Ashram School, A separated Academic
Body should be Established.Body should be Established.
 Students from Aided Ashram school should be given cloths, stationary and otherStudents from Aided Ashram school should be given cloths, stationary and other
medical facilities as given to Government Ashram School.medical 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 committee1.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 theis established for the same as per the recommendation of the committee the
decision will be taken.decision will be 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 be3. regarding Quality education and all other matters the administrative changes will be
done as per the requirementdone as 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 due5. The cloths, stationary and other requirement may be provided after the due
consultation as provide to Government Ashram Schools.consultation as provide to Government Ashram Schools.

9.  Private Members Resolution :Private Members Resolution : A member who wishes to move a resolution has toA member who wishes to move a resolution has to
give 15 clear days' notice ( 12 clear days' notice in case of the council) before thegive 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 shalldate 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 oneNo 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 issession 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 wasrangaon, watar, satpale, rajodi, kalamb and arnala a unstarred question was
accepted on 19th november 2009 as per the list 41 the appeal of samarthan wasaccepted 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 againaccepted 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 Resolutionwith 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.

10.  Half-an-Hour Discussion :Half-an-Hour Discussion : On every Tuesday and Thursday theOn every Tuesday and Thursday the
Chairman/Speaker allots half an hour at the close of the meeting of theChairman/Speaker allots half an hour at the close of the meeting of the
house on that day for raising discussion on a matter of sufficient publichouse on that day for raising discussion on a matter of sufficient public
importance. If the other business set down for the day is concluded beforeimportance. If the other business set down for the day is concluded before
the time appointed for the conclusion of the meeting, the period of half-an-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 concluded.hour has to commence from the time such other business is concluded.
 The Chairman/Speaker may allot any other days instead of Tuesday andThe Chairman/Speaker may allot any other days instead of Tuesday and
Thursday for such discussion.Thursday for such discussion. A member wishing to raise a matter is toA member wishing to raise a matter is to
give notice in writing to the Secretary three days in advance of the day ongive notice in writing to the Secretary three days in advance of the day on
which the matter is desired to be raised and should briefly specify thewhich the matter is desired to be raised and should briefly specify the
points that he wishes to raise. The notice is accompanied by an explanatorypoints that he wishes to raise. The notice is accompanied by an explanatory
note stating the reasons for raising discussion on the matter in Questionnote 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.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 ofThe Chairman/Speaker may with the consent of the Minister in charge of
the Department concerned, curtail the period of notice or dispense withthe Department concerned, curtail the period of notice or dispense with
notice in any case he deems fit. If more than two notices have beennotice in any case he deems fit. If more than two notices have been
received and admitted by the Presiding Officer for any day, the Secretaryreceived and admitted by the Presiding Officer for any day, the Secretary
holds a ballot with a view to drawing two notices and the notices are putholds 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.down in the order in which they were received in point of time.

11. 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 beingCharged. Under the Voted Expenditure, which only is being
approved by legislators in the assembly, Members can suggestapproved by legislators in the assembly, Members can suggest
cut motions over the grants for (i) reduction, (ii) to exclusioncut motions over the grants for (i) reduction, (ii) to exclusion
of any matter or (iii) for reducing any matter. But No Cutof any matter or (iii) for reducing any matter. But No Cut
Motion can be made against increasing Grants or to change theMotion can be made against increasing Grants or to change the
basic objectives of the grants. ( U/s 256 (1) Maharashtrabasic objectives of the grants. ( U/s 256 (1) Maharashtra
Legislature Act).Legislature Act).
 Cut Motion should be given before 4 Whole days of the dayCut Motion should be given before 4 Whole days of the day
when the concern department is on the discussion (depends upwhen the concern department is on the discussion (depends up
on the state legislature rules). Cut motions shall be given in theon the state legislature rules). Cut motions shall be given in the
prescribed format which are available the state Secretariat orprescribed format which are available the state Secretariat or
the place described by the authority.the place described by the authority.

12.  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 issituation of very important policy issues and when the government is
failed to respond in the issues, therefore the Members can give this type offailed 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 thiscut 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 producecut 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 generalTo raise the discussion on government's general
administration or on a particular departments' work, then the token cutadministration or on a particular departments' work, then the token cut
motion can be given. Only Rs. 100 is given as nominal Token Motion tomotion 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 CutWhen a particular amount is suggested for a Cut
Motion for a demand or any matter related to the demand then EconomyMotion 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. IfCut is 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 thethe 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) ofUnder section 256 (1) of
Maharashtra Legislature Act.Maharashtra Legislature Act.

13.  In the first time Samarthan's Cut motion were accepted during AssemblyIn the first time Samarthan's Cut motion were accepted during Assembly
session, in the July session 2010 Samarthan approximately use total 50 tosession, in the July session 2010 Samarthan approximately use total 50 to
60 Cut motion departments head wise, in first time in the history of60 Cut motion departments head wise, in first time in the history of
Samarthan the Cut motion were accepted this was due to the use of exactSamarthan the Cut motion were accepted this was due to the use of exact
technique. before this Samarthan's technique were lacking regarding thetechnique. before this Samarthan's technique were lacking regarding the
use of cut motion. but with the help and guidance of Samarthan's Chairmanuse of cut motion. but with the help and guidance of Samarthan's Chairman
Mr. Vivek Pandit who is now MLA it was possible for Samarthan toMr. Vivek Pandit who is now MLA it was possible for Samarthan to
successfully do the cut motion. which was base on the study. it is verysuccessfully 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 accepted byimportant for Samarthan that total 19 out of 60 cut motion are accepted by
the Speaker of the Legislature of Maharashtra the cut Motion on:the Speaker of the Legislature of Maharashtra the cut Motion on:
1.Planning Department total 9 Cut motion has been Accepted by the Speaker1.Planning Department total 9 Cut motion has been Accepted by the Speaker
of Maharashtra Legislative Assembly.of Maharashtra Legislative Assembly.
2.Public Works Departments: Total 10 were accepted by the Speaker2.Public Works Departments: Total 10 were accepted by the Speaker
Maharashtra Legislative Assembly.Maharashtra Legislative Assembly.
Samarthan has given 70 to 80 Cut motions out of which 19 are accepted.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,all the Cut motion are related to Adiwasis education, sanitation, Housing,
agriculture, Transportation, electricity and over all development ofagriculture, Transportation, electricity and over all development of
Adiwasi, women and Dalits.Adiwasi, women and Dalits.

14. 4.) Implementation of the4.) Implementation of the
Recommendation of Subject CommitteeRecommendation of Subject Committee
 As per the inspection of the Panchayat raj Samiti of State ofAs per the inspection of the Panchayat raj Samiti of State of
Maharashra at Beed District on 18 19 and 20th August 2003Maharashra at Beed District on 18 19 and 20th August 2003
its was notice that government of Maharashtra has not paidits was notice that government of Maharashtra has not paid
the amount of Life insurance from the employee of thethe 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 Committee16, 180,60. on the basis of Report of the said Committee
Samarthan followed the matter in legislature and then theSamarthan followed the matter in legislature and then the
Government of Maharashtra Government Resolution to all theGovernment of Maharashtra Government Resolution to all the
District Council, for necessary Action.District Council, for necessary Action.

15. Impact of the Work:Impact of the Work:
 The Chief Secretary passed and official order to irrigationThe Chief Secretary passed and official order to irrigation
Secretary asking to submit factual report about the matter toSecretary asking to submit factual report about the matter to
the Government.the Government.
 After the submission of the factual report of the irrigationAfter the submission of the factual report of the irrigation
secretary, the government of Maharashtra accepted thesecretary, the government of Maharashtra accepted the
demands and make order to provide the required water to thedemands 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 40This project will be able to provide irrigated water to 40
villages (2515 hector land) by which the land of 40 villagesvillages (2515 hector land) by which the land of 40 villages
will come under irrigation.will come under irrigation.