Officers of the State Legislature
Article
178 The Speaker and Deputy Speaker of the Legislative Assembly
Every
Legislative Assembly of a State shall, as soon as may be, choose two
members of the Assembly to be respectively Speaker and Deputy Speaker
thereof and, so often as the office of Speaker or Deputy Speaker
becomes vacant, the Assembly shall choose another member to be
Speaker or Deputy Speaker, as the case may be.
Article
179 Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker
A member holding office as
Speaker or Deputy Speaker of an Assembly -
(a) shall vacate his
office if he ceases to be a member of the Assembly;
(b) may at
any time by writing under his hand addressed, if such members is the
Speaker, to the Deputy Speaker, and if such member is the Deputy
Speaker, to the Speaker, resign his
office; and
(c) may be
removed from his office by a resolution of the Assembly passed by a
majority of all the then members of the Assembly:
Provided that
no resolution for the purpose of clause (c) shall be moved unless at
least fourteen days' notice has been given of the intention to move
the resolution:
Provided further that, whenever the Assembly is
dissolved, the speaker shall not vacate his office until immediately
before the first meeting of the Assembly after the dissolution.
Article
180 Power of the Deputy Speaker or other person to perform the duties
of the office of, or to act as, Speaker
(1) While the
office of Speaker is vacant, the duties of the office shall be
performed by the Deputy Speaker or, if the office of Deputy speaker
is also vacant, by such member of the Assembly as the Governor may
appoint for the purpose.
(2) During the absence of the Speaker
from any sitting of the Assembly the Deputy Speaker or, if he is also
absent, such person as may be determined by the rules of procedure of
the Assembly, or, if no such person is present, such other person as
may be determined by the Assembly, shall act as Speaker.
Article
181 The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration
(1)
At any sitting of the Legislative Assembly, while any resolution for
the removal of the Speaker from his office is under consideration,
the Speaker, or while any resolution for the removal of the Deputy
Speaker from his office is under consideration, the Deputy Speaker,
shall not, though he is present, preside, and the provisions of
clause (2) of article 180
shall apply in relation to every such sitting as they apply in
relation to a sitting from which the Speaker or, as the case may be,
the Deputy Speaker, is absent.
(2) The Speaker shall have the
right to speak in, and otherwise to take part in the proceedings of,
the Legislative Assembly while any resolution for his removal from
office is under consideration in the Assembly and shall,
notwithstanding anything in article 189 ,
be entitled to vote only in the first instance on such resolution or
on any other matter during such proceedings but not in the case of an
equality of votes.
Article
182 The Chairman and Deputy Chairman of the Legislative Council
The
Legislative Council of every State having such Council shall, as soon
as may be, choose two members of the Council to be respectively
Chairman and Deputy Chairman thereof and, so often as the office of
Chairman or Deputy Chairman becomes vacant, the Council shall choose
another member to be Chairman or Deputy Chairman, as the case may be.
Article
183 Vacation and resignation, of and removal from, the offices of
Chairman and Deputy Chairman
A member holding office as
Chairman or Deputy Chairman of a Legislative Council -
(a) shall
vacate his office if he ceases to be a member of the Council;
(b)
may at any time by writing under his hand addressed, if such members
is the Chairman, to the Deputy Chairman, and if such member is the
Deputy Chairman, to the Chairman, resign his office; and
(c) may
be removed from his office by a resolution of the Council passed by a
majority of all the then members of the Council:
Provided that
no resolution for the purpose of clause (c) shall be moved unless at
least fourteen days' notice has been given of the intention to move
the resolution.
Article
184 Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman
(1)
While the office of Chairman is vacant, the duties of the office
shall be performed by the Deputy Chairman or, if the office of Deputy
Chairman is also vacant, but such members of the Council as the
Governor may appoint for the purpose.
(2) During the absence of
the Chairman from any sitting of the Council the Deputy Chairman or,
if he is also absent, such person as may be determined by the rules
of procedure of the Council, or, if no such person is present, such
other person as may be determined by the Council, shall act as
Chairman.
Article
185 The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration
(1)
At any sitting of the Legislative Council, while any resolution for
the removal of the Chairman from his office if under consideration,
the Chairman, or while any resolution for the removal of the Deputy
Chairman from his office is under consideration, the Deputy Chairman,
shall not, though he is present, preside, and the provisions of
clause (2) of article 184 shall apply in relation to every such
sitting as they apply in relation to a sitting from which the
Chairman or, as the case may be, the Deputy Chairman is absent.
(2)
The Chairman shall have the right to speak in, and otherwise to take
part in the proceedings of, the Legislative Council while any
resolution for his removal from office is under consideration in the
Council and shall, notwithstanding anything in article 189, be
entitled to vote only in the first instance on such resolution or on
any other matter during such proceedings but not in the case of an
equality of votes.
Article
186 Salaries and allowances of the Speaker and Deputy Speaker and the
Chairman and Deputy Chairman
There shall be paid to the
Speaker and the Deputy Speaker of the Legislative Assembly, and to
the Chairman and the Deputy Chairman of the Legislative Council, such
salaries and allowances as may be respectively fixed by the
Legislature of the State by law and, until provision in that behalf
is so made, such salaries and allowances as are allowances as are
specified in the Second Schedule.
Article
187 Secretariat of State Legislature
(1) The House or
each House of the Legislature of a state shall have a separate
secretarial staff:
Provided that nothing in this clause shall,
in the case of the Legislature of a State having a Legislative
Council, be construed as preventing the creation of posts common to
both Houses of such Legislature.
(2) The Legislature of a State
may by law regulate the recruitment, and the conditions of service of
persons appointed, to the secretarial staff of the House or Houses of
the Legislature of the State.
(3) Until provisions made by the
Legislature of the State under clause (2), the Governor may, after
consultation with the Speaker of the Legislative Assembly or the
Chairman of the Legislative Council, as the case may be, make rules
regulating the recruitment, and the conditions of service of persons
appointed, to the secretarial staff of the Assembly or the Council,
and any rules so made shall have effect subject to the provisions of
any law made under the said clause.
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