Legislative
Procedure
142. Provisions
as to introduction and passing of Bills.
(1) Any Bill may originate in either House of Legislature of a State.
(2) A Bill is placed and pending before either House of Legislature of a State, never lapses for any
reason whatsoever, unless such House passes a resolution to that effect.
(3) Any Bill, other than Money Bills, shall be passed by the clear majority of the membership in both
Houses of Legislature of a State.
(4) Any Bill passed by consensus of both Houses of Legislature of a State, Governor shall assent such
Bill immediately, unless he has any doubts regarding consensus.
(Consensus means at least ninety percentage of the member strength should present
and shall vote in favour of such Bill, in each House.)
(5) If Governor having any doubts about consensus, he can direct for joint sitting of both Houses
to reconsider the Bill. Such joint meeting shall be presiding by the Chief Justice of High Court having jurisdiction over
the State.
143. Joint
sitting of both Houses in certain cases.
(1)
If after a Bill has been passed by one House
and transmitted to the other House-
(a)
the Bill is rejected by the other House; or
(b)
the Houses have finally disagreed as to the
amendments to be made in the Bill; or
more than one hundred
working days of the Legislature of a State elapse from the date of the reception
of the Bill by the other House without the Bill being passed by it, the Governor shall notify to the Houses to summon them
to meet in a joint sitting for the purpose of deliberating and voting on the Bill:
Provided that nothing in this clause
shall apply to a Money Bill.
(2) Once a joint sitting of the both Houses of Legislature
of a State is notified, neither House shall proceed further with the subject matter of the notification.
(3) When any Bill is passed by the
State Assembly, but rejected by the State Council, Bill shall be passed or rejected without any amendments, in such joint
meeting of both Houses.
(1)
When any Bill is passed by the State Council
but rejected by the State Assembly, Bill, if not rejected, can be passed with amendments, in such joint meeting of both Houses.
144. Annual
financial Statements.
(1)
The
Governor shall in respect of every financial year cause to be laid before both the Houses of State Legislature a statement
of the estimated receipts and expenditure of the State Government for that year, in this Part referred to as the "annual financial
statement".
(2)
The estimates of expenditure embodied in the
annual financial statement shall show separately-
(a)
the sums required to meet expenditure described
by this Constitution as expenditure charged upon the Consolidated Fund of State; and
(b)
the sums required to meet other expenditure
proposed to be made from the Consolidated Fund of State;
and shall
distinguish expenditure on revenue account from other expenditure.
(3)
The
following expenditure shall be expenditure charged on the Consolidated Fund of State:-
(a)
the emoluments, salaries, allowances and pensions
payable by the State Government to the persons holds any Constitutional Office referred under this Constitution;
(b)
the expenditures under the Constitutional obligation
of the State Government;
(c)
debt charges for which the State Government
is liable including interest, sinking fund charges, and redemption charges, and other expenditure relating to the raising
of loans in public interest and the service and redemption of debt;
(d)
any sums required to satisfy any judgment,
decree or award of any court or arbitral tribunal;
(e)
any other expenditure declared by this Constitution
or by Parliament or by State Legislature by law to be so charged.
145.
Money Bills.
(1)
A Money Bill shall be introduced only in the Legislative Assembly of a State.
(2)
A copy of the Money Bill shall be tabled in the Council.
(3) Once a Money Bill is introduced
in the Legislative Assembly of a State the Government of the State shall be entitled to act accordingly.
(4)
State Legislative Council, can make, within
clear 30 days from the date of tabling of the Bill before it, any suggestion in respect of the Money Bill, whether or not
the State Legislative Assembly accepts it. The Deputy Chairman of the State Legislative Council to the Speaker of State Legislative
Assembly shall inform such suggestions.
(5)
Legislative Assembly of a State can make amendments,
in the Money Bills, with the clear majority of its the then all members.
146.
Definition of the "Money Bills"
(1) For the purpose 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 Government, or the amendment of the law with respect to any financial obligations
undertaken or to be undertaken by the State;
Provided
that the total amount of the obligations under this sub-clause shall not be more than double of the assets of the State Government.
(c)
the custody of the Consolidated Fund or the
Contingency Fund of 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 State;
(e)
the declaring of any expenditure to be expenditure
charged on the Consolidated Fund of State or the increasing of the amount of any such expenditure;
(f)
the receipt of money on account of the Consolidated
Fund of State or the public account of 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).
(h)
All details in the Money Bills shall be in
clear terms with separate account numbers for separate expenditures and no money shall be spent from one account for any other
purposes.
(i)
A Money Bill shall be introduced by the State
through its Finance Minister.
(j)
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.
(k)
If any question arises whether a Bill is a
Money Bill or not, the decision of the Speaker shall be final.
(l)
There shall be endorsed on every Money Bill
when it is presented to the Governor for assent, the certificate of the Speaker signed by him that it is a Money Bill.
147.
Assent to Bills.
(1)
When a Bill is passed by the both Houses of
the State Legislature, under consensus of the members, as defined in the Constitution the terms of consent, the Governor after
receipt for assent, immediately shall give his assent to it, unless he has some doubts about the consensus in the both Houses
of the State Legislature.
(2)
When the State Legislative Assembly passes
any Money Bill, the Governor shall assent it as soon as possible after the presentation to him.
(3)
Any other Bill has been passed by the both
Houses of the State Legislature, it shall be presented to the Governor, and within ten days, Governor shall declare that he
assents to the Bill or that he return the Bill with a message requesting that they will reconsider the Bill or any specific
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 Houses shall reconsider the Bill accordingly, and if the Bill is passed
again by the Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent
thereof.
(4) If Governor fail to give his assent or return the Bill under clause (3), within Ten days, Bill shall enacted and become
effective as Law.
148. Procedure
in State Legislature with respect to estimates.
(1)
So much of the estimates as relates to expenditure
charged upon the Consolidated Fund of State shall not be submitted to the vote of State Legislature, but nothing in this clause
shall be construed as preventing the discussion in either House of State Legislature of any of those estimates.
(2)
So much of the said estimates as relates to
other expenditure shall be submitted in the form of demands for grants to the State Legislative Assembly, and the State Legislative
Assembly shall have power to refuse to assent, to any demand or to reduce the grants of the amounts specified therein by the
majority of the then all members of the State Legislative Assembly, otherwise it shall deemed as grant of such expenditures.
(3)
No demand for a grant shall be made except
on the recommendation of the Governor.
149. Appropriation
Bills.
(1)
As soon as may be after the grants have been
made by the State Legislative Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated
Fund of State of all moneys required to meet-
(a)
the grants so made by the State Legislative
Assembly; and
(b)
the expenditure charged on the Consolidated
Fund of State but not exceeding in any case the amount shown in the statement previously laid before State Legislative Assembly.
(2)
No amendment shall be proposed to any such
Bill in either House of State Legislature which will have the effect of varying the amount or altering the destination of
any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of State, and the decision
of the person presiding as to whether an amendment is inadmissible under this clause shall be final.
(3)
Subject to the provisions under this Constitution
for Supplementary, additional or excess grants or for Votes on account, votes of credit and exceptional grants, no money shall
be withdrawn from the Consolidated Fund of State except under appropriation made by law passed in accordance with the provisions
of this article.
150. Supplementary,
additional or excess grants.
(1)
The
Governor shall-
(a)
if the amount authorised by any law made in
accordance with the provisions for appropriation Bills to be extended for a particular service for the current financial year
is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for
supplementary or additional expenditure upon some new services not contemplated in the annual financial statement for that
year, or
(b)
if any money has been spent on any service
during a financial year in excess of the amount granted for that service and for that year,
cause to
be laid before the State Legislature another statement showing estimated amount of that expenditure or cause to be presented
to the State Legislature a demand for such excess, as the case may be.
(2)
The provisions relating to annual financial
statement, procedure in respects to estimates and appropriation Bills shall have effect in relation to any such statement
and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund
of State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial
statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of
appropriation of moneys out of the Consolidated Fund of State to meet such expenditure or grant.
151.
Votes on account, votes of credit and exceptional grants.
(1)
The State Government have powers-
(a)
to place a statement for vote on account before
State Legislative Assembly for any grant in advance in respect of the estimated expenditure for a part of any financial year
pending the completion of the related procedure prescribed under this Chapter, for the voting of such grant and the passing
of the law in accordance with the provisions for appropriation Bill in relation to that expenditure;
(b)
to place a statement for grant for meeting
an unexpected demand upon the resources of the State when on account of the magnitude of the indefinite character of the service
the demand cannot be stated with the details ordinarily given in an annual financial statement;
(c)
to place a statement for an exception grant
which forms no part of the current service of any financial year;
(1)
State Legislative Council shall have powers
to make any suggestions to State Legislative Assembly within three working days from the presentation of such statement;
(2)
the State Legislative Assembly shall have power
to refuse within seven working days from the presentation of such statement to assent, to any demand or to reduce the grants
of the amounts specified therein by the majority of the then all members of the State Legislative Assembly, otherwise it shall
be deemed assent.
(3)
The provisions with respect estimates and appropriation
Bill shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause
as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial
statement and the law to be made for the authorisation of appropriation of moneys out of Consolidated Fund of State to meet
such expenditure.
152. Special
provision as to financial Bills.
(1)
A
Bill for any of the matters pertaining to Money Bills shall not be introduced or moved except on the recommendation of the
Governor and shall be introduced before State Legislative Assembly only.
(2)
A Bill shall make clear provision for any of
the matters aforesaid by the reasons 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, remission, alteration
or regulation of any tax by any local authority or body for local purposes.
(3) A Bill introduced before the State Legislative Assembly on the
recommendation from the Governor, if enacted without any amendment and brought into operation, and would involved expenditure
from the Consolidated Fund of State such recommendation of the Governor shall be deemed assent.
153. Rules
of procedure.
(1)
Each
House of State Legislature shall make rules for regulating, subject to the provisions of this Constitution, its procedure
and conduct of its business, with the majority of seventy percentages of all members of each House.
(2)
Until
rules are made under clause (1), the Governor, after consultation with the Chairman of the State Legislative Council and Speaker
of the State Legislative Assembly, may make rules as to the procedure and conduct of the business of each House.
(3)
The Governor, after consultation with the Chairman
of the State Legislature Council and Speaker of the State Legislative Assembly, may make rules as to the procedure with respect
to joint sittings of, and communications between, the two Houses.
154. Regulation
by law of procedure in State Legislature in relation to financial business.
(1)
State Legislature shall make law by framing
appropriate Rules for timely completion of the financial business, regulated by law the procedure of, and the conduct of business
in, each House of State Legislature in relation to any financial matter or to any Bill for the appropriation of moneys out
of the Consolidated Fund of State.
155. Language
to be used in State Legislature.
(1)
Any member can address the respective Houses
in his mother tongue, provided such language is used by a population of more than ten percentage of such State-, with prior
information to and permission from the Chairman of the State Legislative Council or Speaker of the State Legislative Assembly,
as the case may be.
(2)
Any member can address the respective Houses
in his mother tongue, provided such language is used by a population of more than ten percentage of such State-, with prior
information to the Chairman of the State Legislative Council or Speaker of the State Legislative Assembly, as the case may
be, provided more than ten percentages of the Members of such House request for use of such language.
(3)
Any member can give his address in Hindi or
State Language, without prior information to and permission from the Chairman of the State Legislative Council or Speaker
of the State Legislative Assembly.
156. Restriction on discussion in State Legislature.
No
discussion shall take place in State Legislature, with respect to the conduct of any Judge of the Supreme Court or of a High
Court or member of National Judicial Commission or Chairman of Law Commission of Bharat, Commissioners of the Election Commission
of Bharat in the discharge of his duties.
157. Courts
not to inquire into proceedings of State Legislature.
(1)
The validity of any proceedings in State Legislature
shall not be called in question before any court.
(2)
Provision under clause (1) does not prevent
any court to proceed with any criminal proceeding against any member of State Legislature.
158.
Power of Governor to promulgate Ordinances during recess of State Legislature.
(1)
The
Governor if satisfied that circumstances so, exists which, render it necessary for him to take immediate action, he may promulgate
such Ordinances as the circumstances appear to him to require.
(2)
The Governor shall satisfy himself that the
proposed Ordinance is in accordance with the provisions of the Constitution.
(3)
The Governor shall satisfied himself before
promulgation of any Ordinance that State Legislature may pass a Bill in accordance with the provisions of the Constitution
to substitute such Ordinance, within six months from the date of the Ordinance.
(4)
In any case, State Legislature not pass a Bill
under clause (2), within such period the same shall be ceased to operate on expiry of such period of six months or from the
date of rejection of Bill, if rejected by the State Legislature.
(5)
Ordinance shall made clear provisions that
in case State Legislature rejects or not pass a Bill to substitute such Ordinance, what will be force and effect of the Ordinance
in respect of the period during which Ordinance shall be operative.