Legislative Procedure
Article
196 Provisions as to introduction and passing of Bills
(1)
Subject to the provisions of article 198 and 207 with respect to
Money Bills and other financial Bills, a Bill may originate in either
House of the Legislature of a State which has a Legislative
Council.
(2) Subject to the provisions of articles 197 and 198,
a Bill shall not be deemed to have been passed by the Houses of the
Legislature of a State having a Legislative Council unless it has
been agreed to by both Houses, either without amendment or with such
amendments only as are agreed to by both Houses.
(3) A Bill
pending in the Legislature of a State shall not lapse by reason of
the prorogation of the House or Houses thereof.
(4) A Bill
pending in the Legislative Council of a State which has not been
passed by the Legislative Assembly shall not lapse on a dissolution
of the Assembly.
(5) A Bill which is pending in the Legislative
Assembly of a State, or which having been passed by the Legislative
Assembly is pending in the Legislative Council, shall lapse on a
dissolution of the Assembly.
Article
197 Restriction on powers of Legislative Council as to Bills other
than Money Bills
(1) If after a Bill has been passed
by the Legislative Assembly of a State having a Legislative Council
and transmitted to the Legislative Council -
(a) the Bill is
rejected by the Council; or
(b) more than three months elapse
from the date on which the Bill is laid before the Council without
the Bill being passed by it; or
(c) the Bill is passed by the
Council with amendments to which the Legislative Assembly does not
agree,
the Legislative Assembly may, subject to the rules
regulating its procedure, pass the Bill again in the same or in any
subsequent session with or without such amendments, if any, as have
been made, suggested or agreed to by the Legislative Council and then
transmit the Bill as so passed to the Legislative Council.
(2)
If after a Bill has been so passed for the second time by the
Legislative Assembly and transmitted to the Legislative Council -
(a)
the Bill is rejected by the Council; or
(b) more than one month
elapses from the date on which the Bill is laid before the Council
without the Bill being passed by it; or
(c) the Bill is passed
by the Council with amendments to which the Legislative Assembly does
not agree,
the Bill shall be deemed to have been passed by the
Houses of the Legislature of the State in the form in which it was
passed by the Legislative Assembly for the second time with such
amendments, if any, as have been made or suggested by the Legislative
Council and agreed to by the Legislative Assembly.
(3) Nothing
in this article shall apply to a Money Bill.
Article
198 Special procedure in respect of Money Bills
(1) A
Money Bill shall not be introduced in a Legislative Council.
(2)
After a Money Bill has been passed by the Legislative Assembly of a
State having a Legislative Council, it shall be transmitted to the
Legislative Council for its recommendations, and the Legislative
Council shall within a period of fourteen days from the date of its
receipt of the Bill return the Bill to the Legislative Assembly with
its recommendations, and the Legislative Assembly may thereupon
either accept or reject all or any of the recommendations of the
Legislative Council.
(3) If the Legislative Assembly accepts any
of the recommendations of the Legislative Council, the Money Bill
shall be deemed to have been passed by both Houses with the
amendments recommended by the Legislative Council and
accepted
by the Legislative Assembly.
(4) If the Legislative Assembly
does not accept any of the recommendations of the Legislative
Council, the Money Bill shall be deemed to have been passed by both
Houses in the form in which it was passed by the Legislative Assembly
without any of the amendments recommended by the Legislative
Council.
(5) If a Money Bill passed by the Legislative Assembly
and transmitted to the Legislative Council for its recommendations is
not returned to the Legislative Assembly within the said period of
fourteen days, it shall be deemed to have been passed by both Houses
at the expiration of the said period in the form in which it was
passed by the Legislative Assembly.
Article
199 Definition of "Money Bills"
For the purposes
of this Chapter, a Bill shall be deemed to be a Money Bill if it
contains only provisions dealing with all or any of the following
matters, namely: -
(a) the imposition, abolition, remission,
alteration or regulation of any tax;
(b) the regulation of the
borrowing of money or the giving of any guarantee by the State, or
the amendment of the law with respect to any financial obligations
undertaken or to be undertaken by the State;
(c) the custody of
the Consolidated Fund or the Contingency Fund of the State, the
payment of moneys into or the withdrawal of moneys from any such
Fund;
(d) the appropriation of moneys out of the Consolidated
Fund of the State;
(e) the declaring of any expenditure to be
expenditure charged on the Consolidated Fund of the State or the
increasing of the amount of any such expenditure;
(f) the
receipt of money on account of the Consolidated Fund of the State or
the public account of the State or the custody or issue of such
money; or
(g) any matter incidental to any of the matters
specified in sub-clauses (a) to (f).
(2) A Bill shall not be
deemed to be a Money Bill by reason only that it provides for the
imposition of fines or other pecuniary penalties, or for the demand
or payment of fees for licenses or fees for services rendered, or by
reason that it provides for the imposition, abolition, remission,
alteration or regulation of any tax by any local authority or body
for local purposes.
(3) If any question arises whether a Bill
introduced in the Legislature of a State which has a Legislative
Council is a Money Bill or not, the decision of the Speaker of the
Legislative Assembly of such State thereon shall be final.
(4)
There shall be endorsed on every Money Bill when it is transmitted to
the Legislative Council under article 198, and when it is presented
to the Governor for assent under article 200, the certificate of the
Speaker of the Legislative Assembly signed by him that it is a Money
Bill.
Article
200 Assent to Bills
When a Bill has been passed by the
Legislative Assembly of a State or, in the case of a State having a
Legislative Council, has been passed by both Houses of the
Legislature of the State, it shall be presented to the Governor and
the Governor shall declare either that he assents to the Bill or that
he withholds assent therefrom or that he reserves the Bill for the
consideration of the President:
Provided that the Governor may,
as soon as possible after the presentation to him of the Bill for
assent, return the Bill if it is not a Money Bill together with a
message requesting that the House or Houses will reconsider the Bill
or any specified
provisions thereof and, in particular, will
consider the desirability of introducing any such amendments as he
may recommend in his message and, when a Bill is so returned, the
House or Houses shall reconsider the Bill accordingly, and if the
Bill is passed again by the House or Houses with or without amendment
and presented to the Governor for assent, the Governor shall not
withhold assent therefrom:
Provided further that the Governor
shall not assent to, but shall reserve for the consideration of the
President, any Bill which in the opinion of the Governor would, if it
became law, so derogate from the powers of the High Court as to
endanger the position which that Court is by this Constitution
designed to fill.
Article
201 Bills reserved for consideration
When a Bill is reserved
by a Governor for the consideration of the President, the President
shall declare either that he assents to the Bill or that he withholds
assent therefrom:
Provided that, where the Bill is not a Money
Bill, the President may direct the Governor to return the Bill to the
House or, as the case may be, the Houses of the Legislature of the
State together with such a message as is mentioned in the first
proviso to article 200 and, when a Bill is so returned, the House or
Houses shall reconsider it accordingly within a period of six months
from the date of receipt of such message and, if it is again passed
by the House or Houses with or without amendment, it shall be
presented again to the President for his consideration.
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