Chapter X
LEGISLATION
I. BILLS ORIGINATING IN THE HOUSE
INTRODUCTION AND PUBLICATION OF BILLS
Publication of Bill in Gazette before introduction
64. The Speaker may, on request being made to him, 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.
Notice for leave to introduce private members' Bills
65. (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 arguments:
Provided that the Speaker 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 Speaker allows the motion to be
made at shorter notice.
(4) The Speaker may disallow a notice of a Bill in case the Bill does
not comply with the requirement of sub-rule (2) of this rule, or rule 69
or 70
Bill dependent on another pending Bill
66. A Bill, which is dependent wholly or partly upon another Bill pending
before the House, may be introduced in the House in anticipation of the
passing of the Bill on which it is dependent:
Provided that the second Bill shall be taken up for consideration and
passing in the House only after the first Bill has been passed by the Houses
and assented to by the President.
Identical Bills
67. When a Bill is pending before the House, notice of an identical
Bill, whether received before or after the introduction of the pending
Bill, shall be removed from, or not entered in, the list of pending notices,
as the case may be, unless the Speaker otherwise directs
Communication of President's recommendation regarding Bill
68. The order 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.
Financial memorandum clauses involving expenditure
69. (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 from the Consolidated
Fund of India shall be printed in thick type or in italics:
*1[Provided
that where a clause in a Bill involving expenditure is inadvertently not
printed in thick type or in italics, the member in charge of the Bill shall,
with the permission of the Speaker, bring such clauses to the notice of
the House.].
Memorandum regarding delegated legislation
70. A Bill involving proposals for the delegation of legislative power
shall further 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.
Statement regarding Ordinances
71. (1) Whenever a Bill seeking to replace an Ordinance with or without
modification is introduced in the House, there shall be placed before the
House along with the Bill a statement explaining the circumstances which
had necessitated immediate legislation by Ordinance.
(2) Whenever an Ordinance, which embodies wholly or partly or with modification
the provisions of a Bill pending before the House is promulgated a statement
explaining the circumstances which had necessitated immediate legislation
by Ordinance shall be laid on the Table at the commencement of the session
following the promulgation of the Ordinance.
Procedure when introduction of Bill opposed
72. (1) If a motion for leave to introduce a Bill is opposed, the Speaker,
after permitting, if he thinks fit, brief statements from the member who
opposes the motion and the member who moved 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 House,
the Speaker may permit a full discussion thereon:
Provided further that the Speaker shall forthwith put to vote the motion
for leave to introduce a Finance Bill or an Appropriation Bill.
*2[(2)
Notice to oppose introduction of a Bill shall be addressed to the Secretary-General
*7[specifying
clearly and precisely the objections to be raised] and given by 10.00 hours on the day on which the motion for leave to introduce
the Bill is included in the list of business.].
Publication of Bill in Gazette after introduction
73. 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.
MOTION AFTER INTRODUCTION OF BILLS AND SCOPE OF DEBATE
Motion after introduction of Bills.
74. 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 House; or
(iii) that it be referred to a Joint Committee of the Houses with the
concurrence of the Council; or
(iv) that it be circulated for the purpose of eliciting opinion thereon:
Provided that no such motion as is referred to in clause (iii) shall
be made with reference to a Bill *3[if
it contains only provisions dealing with all or any of the matters specified
in sub-clauses (a) to (g) of clause (1) of article 110 of the Constitution:].
Provided further 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 Speaker allows the
motion to be made
Discussion of principle of Bill
75. (1) On a motion referred to in rule 74 being made, the principle
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 House, or a Joint Committee of the Houses with the concurrence
of the Council, or be circulated for the purpose of eliciting opinion thereon
by a date to be specified in the motion;
(b) if the member in charge moves that the Bill be referred to a Select
Committee of the House, or a Joint Committee of the Houses with the concurrence
of the Council, any member may move as an amendment that the Bill be referred
to a Joint Committee of the Houses with the concurrence of the Council
or a Select Committee, 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 House or a Joint Committee of
the Houses with the concurrence of the Council, unless the Speaker allows
a motion to be made that the Bill be taken into consideration:
Provided that if an amendment or a motion for appointment of a Select
Committee or a Joint Committee has been moved under this Rule, any member
may move that the House give instructions to the Select Committee or to
the Joint Committee to which the Bill is proposed to be referred to make
some particular or additional provision in the Bill and if necessary or
convenient to consider and report on amendments which may be proposed to
the original Act which the Bill seeks to amend:
Provided further that no amendment or a motion for appointment of a
Joint Committee under this rule shall be moved with reference to a Bill
*4[if it
contains only provisions dealing with all or any of the matters specified
in sub-clauses (a) to (g) of clause (1) of article 110 of the Constitution.].
Members entitled to move motions in respect of Bills
76. 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 House, or a
Joint Committee of the Houses with the concurrence of the Council, 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:
Provided that if the member in charge of a Bill is unable, for reasons
which the Speaker considers adequate, to move the next motion in regard
to his Bill at any subsequent stage after introduction, he may authorise
another member to move that particular motion with the approval of the
Speaker.
Explanation- Notwithstanding the provisions contained in the
proviso the member who introduced the Bill shall continue to be the member
in charge.
[For rules relating to Select Committees on Bills, see Chapter XXVI
of these rules.]
MOTIONS AFTER PRESENTATION OF SELECT/JOINT COMMITTEE REPORTS AND SCOPE
OF DEBATE
Motion after presentation of Select/Joint Committee reports
77. (1) After the presentation of the final report of a Select Committee
of the House or a Joint Committee of the Houses, as the case may be, on
a Bill, the member in charge may move -
(a) that the Bill as reported by the Select Committee of the House or
the Joint Committee of the Houses, as the case may be, be taken into consideration;
or
(b) that the Bill as reported by the Select Committee of the House or
the Joint Committee of the Houses, as the case may be, be re-committed
to the same Select Committee or to a new Select Committee, or to the same
Joint Committee or to a new Joint Committee with the concurrence of the
Council, either-
-
without limitation, or
-
with respect to particular clauses or amendments only, or
-
with instructions to the Committee to make some particular or additional
provision in the Bill, or
(c) that the Bill as reported by the Select Committee of the House or the
Joint Committee of the Houses, be circulated or recirculated, as the case
may be, for the purpose of eliciting opinion or further opinion thereon:
Provided that any member may object to any such motion being made if
a copy of the report has not been made available for the use of members
for two days before the day on which the motion is made and such objection
shall prevail, unless the Speaker allows the motion to be made.
(2) if the member in charge moves that the Bill as reported by the Select
Committee of the House 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 recirculated for the
purpose of eliciting opinion or further opinion thereon.
Scope of debate on Select/Joint Committee reports
78. The debate on a motion that the Bill as reported by the Select Committee
of the House 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 principle of the Bill.
AMENDMENTS TO CLAUSES ETC. AND CLAUSE BY CLAUSE CONSIDERATION OF BILLS
Notice of amendments to clauses or schedules
79. (1) If notice of an amendment to a clause or schedule of the Bill
has not been given one day before that 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 Speaker allows the amendment to be moved:
Provided that, in the case 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
the members from time to time lists of amendments of which notices have
been received.
Admissibility of amendments
80. The following conditions shall govern the admissibility of amendments
to clauses or schedules of a Bill :-
(i) An amendment shall be within the scope of the Bill and relevant
to the subject matter of the clause to which it relates.
(ii) An amendment shall not be inconsistent with any previous decision
of the House on the same question.
(iii) An amendment shall not be such as to make the clause which it
proposes to amend unintelligible or ungrammatical.
(iv)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.
(v) The Speaker shall determine the place at which an amendment shall
be moved.
(vi) The Speaker may refuse to propose an amendment which is, in his
opinion, frivolous or meaningless.
(vii) An amendment may be moved to an amendment which has already been
proposed by the Speaker.
President's recommendation regarding amendments
81. 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:
Provided that no previous sanction or recommendation of the President
shall be required, if an amendment seeks to-
(a) abolish or reduce the limits of the tax proposed in the Bill or
amendment, or
(b)increase such tax upto the limits of an existing tax.
Communication of President's recommendation
82. The order 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
Selection of new clauses or amendments
83. The Speaker 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 judgment upon it.
Arrangement of amendments
84. 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 *5[proposed].1
by the member in charge of the Bill. Subject as aforesaid, amendments may
be arranged in the order in which notices thereof are received.
Order of amendments
85. (1) 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 do stand part of the Bill".
(2) The Speaker may, if he thinks fit, put as one question similar amendments
to a clause:
Provided that if a member requests that any amendment be put separately,
the Speaker shall put that amendment separately.
Moving of amendments
86. When a motion that a Bill be taken into consideration has been carried,
any member may, when called upon by the Speaker, move an amendment to the
Bill of which he has previously given notice:
Provided that in order to save time and repetition of arguments, a single
discussion may be allowed to cover a series of inter-dependent amendments
Withdrawal of amendments
87. An amendment moved may, by leave of the House, 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.
Submission of Bill clause by clause
88. Notwithstanding anything contained in these rules, the Speaker 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 House clause by clause.
The Speaker may call each clause separately, and, when the amendments relating
to it have been dealt with, shall put the question: "That this clause (or,
that this clause as amended, as the case may be) do stand part of the Bill".
Postponement of clause
89. The Speaker may, if he thinks fit, postpone the consideration of
a clause.
Consideration of schedules
90. 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, that this schedule
as amended, as the case may be) do stand part of the Bill":
Provided that the Speaker may allow the schedule or schedules, if any,
being considered before the clauses are disposed of or along with a clause
or otherwise as he may think fit.
Voting on group of clauses and schedules
91. The Speaker may, if he thinks fit, put as one question clauses and
or schedules, or clauses and or schedules as amended, as the case may be,
together to the vote of the House:
Provided that if a member requests that any clause or schedule, or any
clause or schedule as amended, as the case may be, be put separately, the
Speaker shall put that clause or schedule, or clause or schedule as amended,
as the case may be, separately
Clause one, Enacting Formula, Preamble and Title
92. 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
Speaker shall then put the question: "That clause one, or the Enacting
Formula, or the Preamble or the Title (or, that clause one Enacting Formula,
Preamble or Title as amended, as the case may be) do stand part of the
Bill"
PASSING OF BILLS
Motion for passing of Bill
93. (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) Where a Bill has undergone amendments the motion that the Bill as
amended be passed shall not be moved on the same day on which the consideration
of the Bill is concluded, unless the Speaker allows the motion to be made.
(3) 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
Scope of debate on motion for passing of Bill
94. The discussion on a motion that the Bill or the Bill as amended,
as the case may be, 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.
Correction of patent errors
95. Where a Bill is passed by the House, the Speaker shall have power
to correct patent errors and make such other changes in the Bill as are
consequential upon the amendments accepted by the House.
Transmission of Bills to Council
96. (1) When a Bill is passed by the House, it shall be transmitted
to the Council for concurrence with a message to that effect
(2) The Secretary-General shall certify, on top of the first page of
the Bill so transmitted to the Council, in the following form:--
'This Bill has been passed by the House of the People on the ..... 19
Dated the 19 Secretary-General'.
Provided that if it is a Money Bill within the meaning of article 110
of the Constitution the certificate by the Speaker shall be endorsed at
the end of the Bill in the following form:
'I hereby certify that this Bill is a Money Bill within the meaning
of article 110 of the Constitution of India.
Dated the 19 Speaker.'
'Council's message regarding Bills other than Money Bills
97. If a Bill other than a Money Bill passed by the House and transmitted
to the Council is passed by the Council without amendment, the message
received from the Council to that effect shall be reported by the Secretary-General
to the House if in session or published in the Bulletin for the information
of the members if the House is not in session.
BILL OTHER THAN MONEY BILLS RETURNED BY THE COUNCIL
Bill returned with amendments
98. If a Bill other than Money Bill passed by the House and transmitted
to the Council is returned to the House with amendments, it shall on receipt
be laid on the Table.
Notice for consideration of amendments
99. 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 may,
after giving two days' notice, or with the consent of the Speaker without
notice move that the amendments be taken into consideration.
Consideration of amendments
100. (1) If a motion that the amendments be taken into consideration
is carried, the Speaker shall put the amendments to the House in such manner
as he thinks most convenient for their consideration.
(2) An amendment relevant to the subject matter of an amendment made
by the Council 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 Council.
Disposal of amendments made by council
101. The House, if it agrees to the amendment made by the Council, shall
send a message to the Council to that effect, but if it disagrees with
that amendment or proposes further amendment or an alternative amendment,
the House shall return the Bill or the Bill as further amended to the Council
with a message to that effect.
Disagreement between Houses as to amendments
102. If the Bill is returned to the House with a message that the Council
insists on an amendment or amendments to which the House has disagreed,
the Houses shall be deemed to have finally disagreed as to the amendment
or amendments.
MONEY BILLS RETURNED BY THE COUNCIL
Money Bill returned without recommendation
103. If a Money Bill passed by the House and transmitted to the Council
is returned to the House without recommendation, the message to that effect
shall be reported by the Secretary-General to the House if in session or
published in the Bulletin for the information of the members if the House
is not in session. The Bill shall then be presented to the President for
his assent.
Money Bill returned with recommendation
104. If a Money Bill passed by the House and transmitted to the Council
is returned to the House with amendments recommended by Council, it shall
on receipt be laid on the Table.
Notice for consideration of amendments recommended by Council
105. After the Bill with amendments as recommended by the Council has
been laid on the Table, any Minister in the case of a Government Bill,
or in any other case any member may, after giving two days' notice, or
with the consent of the Speaker without notice, move that the amendments
recommended by the Council be taken into consideration.
Consideration of amendments recommended by Council
106. If a motion that the amendments as recommended by the Council be
taken into consideration is carried, the Speaker shall put the amendments
as recommended by the Council to the House in such manner as he thinks
most convenient for their consideration.
Disposal of amendments recommended by Council
107. If the House accepts any amendment or amendments as recommended
by the Council, the Bill shall be deemed to have been passed by both the
Houses with the amendment or amendments recommended by the Council and
accepted by the House and a message to that effect shall be sent to the
Council.
Bill deemed passed on House not accepting Council's recommendations
108. If the House does not accept any of the recommendations of the
Council, the Bill shall be deemed to have been passed by both the Houses
in the form in which it was passed by the House without any of the amendments
recommended by the Council and a message to that effect shall be sent to
the Council.
ADJOURNMENT OF DEBATE, WITHDRAWAL AND REMOVAL OF BILLS
Adjournment of debate on Bill
109. At any stage of a Bill which is under discussion in the House,
a motion that the debate on the Bill be adjourned may be moved with the
consent of the Speaker.
Withdrawal of Bill
110. The member in charge of a Bill may at any stage of the Bill move
for leave to withdraw the Bill on the ground that-
(a) the legislative proposal contained in the Bill is to be dropped;
or
(b) the Bill is to be replaced subsequently by a new Bill which substantially
alters the provisions contained therein; or
(c) the Bill is to be replaced subsequently by another Bill which includes
all or any of its provisions in addition to other provisions; and if such
leave is granted no further motion shall be made with reference to the
Bill:
Provided that where a Bill is under consideration by a Select Committee
of the House 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 House, the motion shall be set down in the list of business:
Provided further that where a Bill has originated in the Council and
is pending before the House, the member in charge shall move a motion in
the House recommending to the Council that the Council do agree to leave
being granted by the House to withdraw the Bill and after the motion is
adopted by the House and concurred in by the Council, the member in charge
shall move for leave to withdraw the Bill.
Procedure when withdrawal of Bill opposed
111. If a motion for leave to withdraw a Bill is opposed, the Speaker
may, if he thinks fit, permit the member who [*6]opposes
the motion and the member who moved] the motion to make brief explanatory
statements and may thereafter, without further debate, put the question.
Removal of Bill from Register of Bills
112. (1) Where any of the following motions made by the member in charge
under these rules in regard to a Bill is rejected by the House, 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 House:- (i)that leave
be granted to introduce the Bill;
(ii)that the Bill be referred to a Select Committee;
(iii)that the Bill be referred to a Joint Committee of the Houses with
the concurrence of the Council;
(iv) that the Bill, be taken into consideration;
(v) that the Bill as reported by Select Committee of the House or Joint
Committee of the Houses, as the case may be, be taken into consideration;
and
(vi) that the Bill (or, that the Bill as amended, as the case may be)
be passed.
(2) A Bill pending before the House shall also be removed from the Register
of Bills pending in the House in case a Bill substantially identical is
passed by the House or the Bill is withdrawn under rule 110.
Explanation.- A Bill pending before the House shall include-
(i) a Bill introduced in the House which does not fall within the categories
of Bills mentioned in this rule or rule 113;
(ii) a Bill transmitted to the Council and returned by the Council with
amendment, or recommendation, as the case may be, and laid on the Table
under rule 98 or 104;
(iii) a Bill originating in the Council and transmitted to the House
and laid on the Table under rule 114 or 122; and
(iv) a Bill returned by the President with a message under article 111
of the Constitution.
Additional provision for removal of private member's Bill from Register
of Bills
113. A private member's Bill pending before the House shall also be
removed from the Register of Bills pending in the House in case-
(a)the member in charge ceases to be a member of the House;
(b) the member in charge is appointed a Minister.
II. Bills originating in the Council and transmitted to the
House
Laying of Bills on Table
114. When a Bill originating in the Council has been passed by the Council
and is transmitted to the House the Bill shall, as soon as may be, be laid
on the Table.
Notice for consideration
115. At any time after the Bill has been so laid on the Table, any Minister
in the case of a Government Bill, or, in any other case, any member may
give notice of his intention to move that the Bill be taken into consideration.
Motion for consideration
116. On the day on which the motion for consideration is set down in
the list of business which shall, unless the Speaker otherwise directs,
be not less than two days from the receipt of the notice, the member giving
notice may move that the Bill be taken into consideration.
Discussion of principle of Bill
117. On the day on which such motion is made or on any subsequent day
to which the discussion is postponed, the principle of the Bill and its
general provisions may be discussed, but the details of the Bill shall
not be discussed further than is necessary to explain its principle.
Reference to Select Committee
118. Any member may, if the Bill has not already been referred to a
Joint Committee of both the Houses, move as an amendment that the Bill
be referred to a Select Committee and, if such motion is carried, the Bill
shall be referred to a Select Committee, and the rules regarding Select
Committees on Bills originating in the House shall then apply.
Consideration and passing of Bills
119. If the motion that the Bill be taken into consideration is carried,
the Bill shall be taken into consideration clause by clause and the provisions
of the rules of the House regarding consideration of amendments to Bills
and the subsequent procedure in regard to the passing of Bills shall apply.
Bill passed without amendment
120. If the Bill is passed without amendment, a message shall be sent
to the Council intimating that the House has agreed to the Bill without
any amendment.
Bill passed with amendments
121. (1) If the Bill is passed with amendments, the Bill shall be returned
with a message asking the concurrence of the Council in the amendments.
(2) The Secretary-General shall certify, on top of the first page of
the Bill so returned to the Council, in the following form:-
'This Bill has been passed as amended by the House of the People on
the .........
Dated.......19 Secretary-General'.
Procedure consequent on disposal of amendment by council
122. If the Council disagrees with the amendments made by the House
or any of them, or agrees to any of the amendments made by the House with
further amendments, or proposes further amendments in place of amendments
made by the House, the Bill as further amended shall on receipt by the
House be laid on the Table.
Consideration of amendment made by Council
123. 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 may,
after giving two days' notice or with the consent of the Speaker without
notice, move that the amendments be taken into consideration.
Procedure on consideration of amendments
124. (1) If a motion that the amendments be taken into consideration
is carried, the Speaker shall put the amendments to the House in such manner
as he thinks most convenient for their consideration.
(2) An amendment relevant to the subject matter of an amendment made
by the Council 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 Council.
Disposal of Bills and amendments
125. The House may either agree to the Bill as originally passed by
the Council or as further amended by the Council, as the case may be, or
may return the Bill with a message that it insists on an amendment or amendments
to which the Council has disagreed.
.Disagreement between Houses as to amendments
126. If a Bill is returned with a message intimating that the House
insists on amendments to which the Council is unable to agree, the Houses
shall be deemed to have finally disagreed as to the amendments.
Rejection of Bill
127. When any of the following motions moved in the House with reference
to a Bill originating in the Council and transmitted to the House is negatived
by the House, the Bill shall be deemed to have been rejected by the House:
(i)that the Bill be taken into consideration;
(ii)that the Bill be referred to a Select Committee;
(iii) that the Bill as reported by Select Committee be taken into consideration;
and
(iv) that the Bill (or, that the Bill as amended, as the case may be)
be passed.
III. Authentication and Assent of Bills passed
Authentication and assent
128. (1) When a Bill is passed by the Houses and is in possession of
the House, the Bill shall be signed in duplicate by the Speaker and presented
to the President:
Provided that in the absence of the Speaker from New Delhi, the Secretary-General
may, in case of urgency, authenticate the Bill on behalf of the Speaker.
(2) One copy of the Bill so assented to by the President shall be preserved
for verification and record and shall not be allowed to pass out of the
custody of the House without the permission of the
IV. Reconsideration of Bills returned by President
BILLS ORIGINATING IN THE HOUSE
Message of President
129. (1) When a Bill passed by the Houses is returned to the House by
the President with a message requesting that the House should reconsider
the Bill or any specified provisions thereof or any such amendments as
are recommended in his message, the Speaker shall read the message of the
President in the House if in session, or if the House is not in session,
direct that it may be published in the Bulletin for the information of
the members.
(2) The Bill as passed by the Houses and returned by the President
for reconsideration shall thereafter be laid on the Table.-
Notice for consideration of amendments
130. At any time after the Bill has been so laid on the Table, any Minister
in the case of a Government Bill, or, in any other case, any member may
give notice of his intention to move that the amendments recommended by
the President be taken into consideration.
Motion for consideration
131. On the day on which the motion for consideration is set down in
the list of business which shall, unless the Speaker otherwise directs,
be not less than two days from the receipt of the notice, the member giving
notice may move that amendments be taken into consideration. the
Scope of debate
132. The debate on such a motion shall be confined to consideration
of matters referred to in the message of the President or to any suggestion
relevant to the subject matter of the amendments recommended by the President.
Procedure on motion for consideration of amendments being carried
133. If the motion that the amendments recommended by the President
be taken into consideration is carried, the Speaker shall put the amendments
to the House in such manner as he thinks most convenient for their consideration.
Amendments to amendment
134. An amendment relevant to the subject matter of an amendment recommended
by the President may be moved, but no further amendment shall be moved
to the Bill unless it is consequential upon, incidental or alternative
to, an amendment recommended by the President.
Passing again of Bill
135. When all the amendments have been disposed of, the member giving
notice of the motion under rule 130 may move that the Bill as originally
passed by the Houses be passed again, or passed again as amended, as the
case may be
Procedure on motion for consideration of amendments not being carried
136. If the motion that the amendments recommended by the President
be taken into consideration is not carried, the member giving notice of
the motion under rule 130 may at once move that the Bill as originally
passed by the Houses be passed again without amendment. Reconsideration
of Bills returned by President-
Transmission to Council of Bill passed again
137. (1) When the Bill is passed again by the House with or without
amendment, as the case may be, it shall be transmitted to the Council for
concurrence with a message to that effect.
(2) The Secretary-General shall certify, on the top of the first page
of the Bill so transmitted to the Council, in the following form:-
'This Bill which was passed by the Houses of Parliament and returned
by the President for reconsideration has been passed again with/without
amendment by the House of the People on, the....19
Dated the.... 19 Secretary-General'.G
Message from Council regarding passing again of Bill
138. If the Bill passed again by the House and transmitted to the Council
is passed again by the Council without amendment, the message received
from the Council to that effect shall be reported by the Secretary-General
to the House if in session or published in the Bulletin for the information
of the members if the House is not in session.
Bill returned by Council with amendments
139. If the Bill passed again by the House and transmitted to the Council
is returned to the House with amendments it shall on receipt be laid on
the Table.
Consideration of amendments made by Council
140. 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 may,
after giving two days' notice, or with the consent of the Speaker without
notice, move that the amendments be taken into consideration.
Procedure on consideration of amendments
141. (1) If a motion that the amendments be taken into consideration
is carried, the Speaker shall put the amendments to the House in such manner
as he thinks most convenient for their consideration.
(2) An amendment relevant to the subject matter of an amendment made
by the Council may be moved, but no further amendment shall be moved to
the Bill unless it is consequential upon, incidental or alternative to,
an amendment made by the Council.
Disposal of amendments made by Council
142. The House, if it agrees to the amendment made by the Council, shall
send a message to the Council to that effect, but if it disagrees with
that amendment or proposes further amendment or an alternative amendment,
the House shall return the Bill or the Bill as further amended to the Council
with a message to that effect.
Disagreement between Houses
143. If the Bill is returned to the House with a message that the Council
insists on an amendment or amendments to which the House has disagreed,
the Houses shall be deemed to have finally disagreed as to the amendment
or amendments.
BILLS ORIGINATING IN THE COUNCIL
Laying of Bill on Table
144. When a Bill passed by the Houses which has been returned by the
President to the Council for reconsideration, has been passed again with
or without amendments by the Council and transmitted to the House, the
Bill together with the President's message shall, as soon as may be, be
laid on the Table.
145. At any time after the Bill together with the President's message
has been so laid on the Table, any Minister in the case of a Government
Bill, or, in any other case, any member, may, after giving two days' notice,
or with the consent of the Speaker without notice, move that the Bill as
passed again by the Council be taken into consideration.
Procedure on motion for consideration being carried
146. (1) If the motion that the Bill as passed again by the Council
be taken into consideration is carried, the Speaker shall put to the House
the amendments, if any, made to the Bill by the Council in such manner
as he thinks most convenient for their consideration.
(2) An amendment relevant to the subject matter of an amendment made
by the Council may be moved, but no further amendment shall be moved unless
it is consequential upon, incidental or alternative to, an amendment made
by the Council:
Provided that if the Council has not agreed to an amendment recommended
by the President any member may move an amendment relevant to the subject
matter of the amendment recommended by the President.
Bill passed again without amendment
147. If the Bill passed again by the Council is passed again by the
House without amendment, a message shall be sent to the Council to that
effect.
Bill passed again with amendments
148. If the Bill is passed again by the House with amendments, the Bill
shall be returned to the Council with a message asking the concurrence
of the Council in such amendments
Procedure consequent on disposal of amendments by Council
149. If the Council disagrees with the amendments made by the House
or any of them, or agrees to any of the amendments made by the House with
further amendments, or proposes further amendments in place of amendments
made by the House, the Bill as further amended shall on receipt by the
House be laid on the Table.
Consideration of amendment made by Council
150. After the amended Bill has been so laid on the Table, any Minister
in the case of a Government Bill, or, in any other case, any member may,
after giving two day's notice, or with the consent of the Speaker without
notice, move that the amendments be taken into consideration.
Procedure on consideration of amendments
151. (1) If a motion that the amendments be taken into consideration
is carried, the Speaker shall put the amendments to the House in such manner
as he thinks most convenient for their consideration.
(2) An amendment relevant to the subject matter of the amendments made
by the Council may be moved but no further amendment shall be moved to
the Bill, unless it is consequential upon, incidental or alternative to,
an amendment made by the Council.
Disposal of Bill and amendments
152. The House may agree to the Bill as passed again by the Council
or as further amended by the Council, as the case may be, or may return
the Bill with a message that it insists on an amendment or amendments to
which the Council has disagreed.
Disagreement between Houses as to amendments
153. If the Bill is returned with a message that the House insists on
an amendment or amendments to which the Council is unable to agree, the
Houses shall be deemed to have finally disagreed as to the amendment or
amendments.
AUTHENTICATION OF BILLS PASSED AGAIN BY THE HOUSES
Authentication
154. When a Bill is passed again by the Houses and is in possession
of the House, the Bill shall be signed in duplicate by the Speaker and
presented to the President in the following form:-
'The above Bill has been passed again by the Houses of Parliament in
pursuance of the proviso to article 111 of the Constitution.
Dated ........19 Speaker':
Provided that in the absence of the Speaker from New Delhi, the Secretary-General
may, in case of urgency, authenticate the Bill on behalf of the Speaker.
--------------------------------------------------------------------------------------------------------------------
[*1] Sub.
by L.S. Bn. (II) dated 9-5-1989, para 2930.
[*2]
Added by L.S. Bn. (II) dated 9-5-1989, para 2930
[*3] Sub.
by L.S. Bn. (II) dated 9-5-1989, para 2930.
[*4]
Added by L.S. Bn. (II) dated 9-5-1989, para 2930
[*5] Sub.
by L.S. Bn. (II) dated 9-5-1989, para 2930.
[*6]
Sub. by L.S. Bn. (II) dated 9-5-1989, para 2930.
[*7] Added by L.S. Bn. (II) dated 10-12-2004, para 710.