CHAPTER XI - LEGISLATION
CHAPTER XI
LEGISLATION
PART 1- INTRODUCTION OF BILLS
SECTION (A) - PRIVATE BILLS.
LEGISLATION
PART 1- INTRODUCTION OF BILLS
SECTION (A) - PRIVATE BILLS.
80. (1) A member may move for leave to introduce a private Bill giving to the Secretary fifteen days written notice of his intention to do so.
(2) The notice shall be accompanied by a copy of the Bill together with a statement of objects and reasons, and if the Bill requires consent of Government for its introduction by such consent.
(3) A Member desiring to obtain consent of Government for introduction of a Bill may deliver a copy of the Bill to the Secretary with request in writing that the necessary consent be taken and thereupon the Secretary shall send a copy of the Bill to the concerned Department for obtaining Government`s orders thereon and on receipt of such orders the Secretary shall intimate the decision of Government to the Member concerned.
(4) A question whether a Bill requires consent shall be decided by the Speaker and his decision shall be final.
81. (1) Motion for leave to introduce Private Bill shall be set down in the List of Business for a day reserved for private business.
(2) If the motion for leave to introduce a Bill is opposed, the Speaker after permitting if he so thinks fit, a brief explanatory statement by the Member or the Minister opposing it, may without further debate put the question.
(3) If the leave is granted, the Members -in- Charge may introduce the Bill.
(2) The notice shall be accompanied by a copy of the Bill together with a statement of objects and reasons, and if the Bill requires consent of Government for its introduction by such consent.
(3) A Member desiring to obtain consent of Government for introduction of a Bill may deliver a copy of the Bill to the Secretary with request in writing that the necessary consent be taken and thereupon the Secretary shall send a copy of the Bill to the concerned Department for obtaining Government`s orders thereon and on receipt of such orders the Secretary shall intimate the decision of Government to the Member concerned.
(4) A question whether a Bill requires consent shall be decided by the Speaker and his decision shall be final.
81. (1) Motion for leave to introduce Private Bill shall be set down in the List of Business for a day reserved for private business.
(2) If the motion for leave to introduce a Bill is opposed, the Speaker after permitting if he so thinks fit, a brief explanatory statement by the Member or the Minister opposing it, may without further debate put the question.
(3) If the leave is granted, the Members -in- Charge may introduce the Bill.
SECTION (B) GOVERNMENT BILLS.
82. (1) A Minister may introduce a Bill after giving to the Secretary a written notice of his intention to do so.
(2) The notice shall be accompanied by a copy of the Bill together with a statement of objects and reasons and if the Bill requires consent of the Government for its introduction by such consent.
(3) A question whether a Bill requires consent shall be decided by the Speaker and his decision shall be final.
(4) The Bill shall be included in the List of Business for a day reserved for Government Business.
(5) On being called upon by the Speaker, Minister concerned shall introduce the Bill.
PART II - PUBLICATION OF BILLS.
83. The Secretary Shall cause every Bill introduced in the Assembly to be published in the Gazette as early as possible; provided that Government may order the publication of any Bill in the Gazette together with the statement of objects and reasons before its introduction and if it is so published it will not be necessary to be published it again after its introduction.
PART III - CONSIDERATION OF BILLS.
84. On introduction in the Assembly, a Bill, other than a Finance Bill, shall be referred by the Speaker to the appropriate Standing Committee with direction to submit its report by the date fixed by him:
Provided that the Member-in-Charge may move that the requirement of this rule may be dispensed with, and if the motion is carried, the provisions of rule 85 shall apply to the Bill as if the report of the Standing Committee on the Bill were presented on the day on which the motion is carried.
85. When the Standing Committee has submitted its report or the time fixed for submission of such report has expired, the secretary shall on receipt of the notice of motion under rule 86 set down the Bill on the List of Business for the day reserved for Government or Private Bills, as the case may be, provided that not less than three days shall intervene between delivery of copies of the Bill to Members and the day on which the Bill is fixed for consideration.
86. On the day fixed under rule 85 or on any day to which the consideration of the Bill has been adjourned, the Member-in-Charge may make any of the following motions:-
(1) that the Bill be taken into consideration by the Assembly at once;
(2) that the Bill be taken into consideration by the Assembly on a date to be fixed forthwith;
(3) that the Bill be referred to a Select Committee; or
(4) that the Bill be circulated for eliciting public opinion thereon.
87. (1) If a Member raises the objection that the Bill or any part thereof is repugnant to the Injunctions of Islam and a motion to that effect is passed by the two-fifth of the total membership of the Assembly, the Assembly shall refer the Bill to the Islamic Council for advices as to whether the Bill or any part thereof is or not repugnant to the Injunctions of Islam.
(2) Notwithstanding the fact that a Bill has been referred to the Islamic Council, the Assembly may proceed to pass the Bill if it considers that in the public interest the passage of the Bill should not be postponed till the advice is received.
(3) When the Islamic Council advices that the Bill or any part thereof is repugnant to the Injunctions of Islam, the Speaker, on receipt of such advice, shall immediately forward it to the Chief Minister and shall call the Assembly on a date to be fixed in consultation with the Chief Minister for reconsideration of the Bill or the Act, as the case may be, in the light of the advice of the Islamic Council.
1(88) * * * * * *
89. (1) On the day on which any of the motions referred to in rule 86 is made, or on any subsequent day to which discussion thereof is postponed, the principles and general provisions of the Bill may be discussed, but the details of the Bill shall not be discussed except as is necessary to explain its principles.
(2) At this stage, if the motion is that the Bill be taken into consideration, any Member may move an amendment that the Bill be referred to Select Committee or circulated for public opinion but if the motion is that the Bill be referred to Select Committee; any Member may move an amendment that the Bill be circulated for eliciting public opinion;
_________________________________________________________________________________________________
1 Rule 88 (Report of Islamic Council) deleted vide Law Department Notification No S. Legis: 20(6)/73 dated 18th August, 1975.
_________________________________________________________________________________________________
(3) When a bill has been circulated for eliciting public opinion and the public opinion has been received, the Member-in-Charge may move that the Bill be referred to the Standing Committee or be taken into consideration.
90. No Member other than the Member-in-Charge shall move a motion that the Bill be taken into consideration or referred to a Select Committee or circulated for eliciting public opinion:
Provided that a Member may move an amendment to the motion referring the Bill to the Select Committee or circulating it for eliciting public opinion.
91. In case of Bill referred to Select Committee the Member-in-Charge may after presentation of the report of the Select Committee make a motion_
(1) that the Bill as reported by the Select Committee be taken into consideration;
(2) that the Bill be returned to such Committee for reconsideration or for making specified alterations or additions therein;
(3) that the Bill be circulated or re-circulated for eliciting public opinion thereon.
92. On motion being made under rule 91 that the Bill be taken into consideration any Member may-
(1) oppose the motion on the ground that copy of the report of the Select Committee has not been made available for use of the Member at least Seven days before the motion is made and such objection shall sustain unless the Speaker suspense this rule and allow the bill to be taken into consideration;
(2) move an amendment that the Bill be returned to the same Committee or circulated or re-circulated for eliciting public opinion thereon.
93. Notwithstanding any thing contained in these rules after a motion that a Bill be taken into consideration is carried, the Speaker shall call each clause of the Bill separately and in respect each clause a motion shall be deemed to have been made that the said clause do stand part of the Bill.
94. After motion that the Bill be taken into consideration is carried any Member may move an amendment to the Bill.
95. (1) Unless notice of amendment has been given two days before the day on which the Bill, the reverent clause or the Schedule is to be considered any Member may object to the moving of the amendment and the objection shall sustain, provided the Speaker suspends this sub-rule and allows the amendment to be moved.
(2) If the amendment requires consent of Government for its introduction, the notice shall be accompanied by such consent.
(3) The Secretary shall cause every notice of amendment to be made available to every Member.
96. (1) Amendment shall ordinarily be considered in the order of the clauses of the Bill.
(2) The Speaker may put before the Assembly all amendments to a clause together with co-related amendment for consideration at a time.
PART IV - PASSING OF BILLS.
97. (1) When a motion that a Bill be taken into consideration is carried and no amendment is made in the Bill the Member-in-Charge may at once move that the Bill be passed.
(2) If an amendment is made in a Bill other than the Finance Bill, the Assembly may appoint a Drafting Committee to examine verbal amendments which are of a formal or consequential nature and require such committee to submit its report within the specified period.
(3) When the report referred to in sub-rule (2) has been presented and considered by the Assembly or if the Bill has not been referred to the Drafting Committee the Member-in-Charge may at once move that the Bill be passed.
98. The Member-in-Charge may at any stage of the Bill move for leave to withdraw the Bill and if such leave is granted the Bill shall stand withdrawn and no further motion in respect thereof shall be made.
99. When a Bill is passed by the Assembly a copy thereof signed by the Speaker shall be forwarded to the Law Department for obtaining the assent of the Governor under Article 116 of the Constitution.
100. When a Bill is assented to or is deemed to have been assented to by the Governor under Article 116 of the Constitution, the Speaker shall cause it to be published in the Gazette as an Act of the Assembly.



