باب نمبر 12: قانون سازی

Chapter XII

Part-i – Introduction of Bills

A – Private Members’ Bills

[1][89.     Notice of private member’s Bills.– (1) Subject to sub-rule (2), a private member may move for leave to introduce a Bill after giving to the Secretary General, ten clear days’ written notice of his intention to do so.

(2)  The Speaker may admit a Bill at a shorter notice.

(3)  The notice shall be accompanied by a copy of the Bill together with a statement of objects and reasons, signed by the member, and if the Bill requires, under the Constitution, the consent of the Government for its introduction, it shall also contain a request to obtain such consent.

(4)  If a Bill is accompanied by a request under sub-rule (3), the Secretary General shall cause a copy of the Bill to be transmitted to the Department concerned through the Law and Parliamentary Affairs Department for obtaining orders of the Government thereon, and shall, on receipt of such orders, communicate the same to the member concerned.

(5)  If a question arises whether or not a Bill or an amendment of a Bill requires the consent of the Government, the question shall be decided by the Speaker, and his decision shall be final.

(6)  The Speaker may disallow a Bill if in his opinion it cannot be introduced in the Assembly or is otherwise not in order.

(7)  In deciding the admissibility of a private members Bill, the Speaker may refer the Bill to the Law and Parliamentary Affairs Department.

(8)  Law and Parliamentary Affairs Department shall furnish its views on the Bill so referred under sub-rule (7) within ten days.

(9)  The Assembly Secretariat shall render necessary assistance to the members so that the private members’ Bills are not rejected merely on technical grounds.]

90.       Introduction of private members’ Bills.– (1) Motions for leave to introduce private members’ Bills, which have been admitted by the Speaker, shall be set down in the List of Business for a day meant for private members’ business.

      (2) A motion for leave to introduce a private member’s Bill shall not be made if a similar Bill of another private member has been introduced and is pending decision by the Assembly or if a motion for leave to introduce a similar Bill has been refused in the same session.

      (3) If a motion for leave to introduce a private member’s Bill is opposed, the Speaker, after permitting, if he so thinks fit, a brief explanatory statement by the member seeking leave and by the member or the Minister opposing it, may without further debate put the question.

      (4) If leave is granted, the member-in-charge shall move forthwith to introduce the Bill, and on the motion being made, the Bill shall stand introduced.

   [2][(5)  Subject to these rules, the procedure adopted for the Government Bills shall also be followed for the private members’ Bills.]

B – Government Bills

[3][91.  Notice of Government Bills.– (1) A Minister may introduce a Bill after giving to the Secretary General 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, signed by the Minister:

Provided that a certificate whether it is a Money Bill or not shall also be attached with the notice.

(3)  The introduction of a Bill, other than the Bill which stands introduced under clause (3) of Article 128 of the Constitution, shall ordinarily be included in the List of Business for a day meant for Government business.

(4)  When the item is called, the member-in-charge shall move to introduce the Bill and on the motion being made, the Bill shall stand introduced.

(5)  A copy of the Bill shall be supplied to the members on its introduction.

(6)  An Ordinance laid before the Assembly under clause (2) of Article 128 of the Constitution shall be deemed to be a Bill introduced in the Assembly on the day it is so laid and it shall also contain Statement of Objects and Reasons and a certificate whether it is a Money Bill or not.

(7)  The Secretary General shall make such adaptations in an Ordinance as are necessary to convert it into a Bill and shall, unless otherwise required by the member-in-charge, include in the Ordinance so adapted, a clause repealing the Ordinance.]

92.       Bills received from Parliament.– (1) When a Bill passed by the Parliament for the amendment of the Constitution is received by the Assembly, the [4][Secretary General] shall circulate the Bill to the members and shall also forward its copies to the Minister for Law and Parliamentary Affairs and the Minister-in-charge of the Bill.

      (2)  A Minister or a member may give notice to the [5][Secretary General] for placing a Bill mentioned in sub-rule (1) on the List of Business of the Assembly and the [6][Secretary General] shall, as soon as may be, place it on the List of Business.

      (3)  On the day fixed for consideration of the Bill, the Minister or the member concerned shall move that the Bill may be taken into consideration at once.

      (4)  After reconsideration or consideration, as the case may be, a motion shall be put before the House, by the Speaker, that the Bill be passed.

      (5)  The [7][Secretary General] shall communicate the decision of the Assembly to the National Assembly and the Senate.

Part II – Publication of Bills

93.       Publication of Bills.– (1) Subject to sub-rules (2) and (3), the [8][Secretary General] shall cause the Bill that has been introduced to be published in the Gazette as early as possible.

      (2) It shall not be necessary to publish in the Gazette the Bill which stands introduced under clause (3) of Article 128 of the Constitution.

      (3) The Speaker may order the publication in the Gazette of any Bill, together with the statement of objects and reasons accompanying it, before its introduction and if it is so published, it will not be necessary to publish it again after its introduction.

Part III – Consideration of Bills

94.       Reference of Bills to Standing Committees.– Upon introduction, a Bill other than a Finance Bill, shall be referred by the Speaker to the appropriate Standing Committee with directions to submit its report by a date fixed by him in this behalf:

            Provided that the member-in-charge may move that the requirements of this rule may be dispensed with, and if the motion is carried, the provisions of rule 95 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 but it shall not be necessary again to supply copies of such Bills to the members.

            Explanation.– In this [9][rule], ‘Finance Bill’ means the Bill introduced each year to give effect to the financial proposals of the Government for the next following financial year and includes a Bill to give effect to the supplementary financial proposals for any period during the financial year.

95.       Time of consideration of Bills.– (1) After the report of the Standing Committee on the Bill has been presented to the House or the report is deemed to have been presented as a result of suspension of the requirement of rule 94, the [10][Secretary General] shall–

            (a)  cause the copies of the Bill as introduced, together with modifications, if any, recommended by the Standing Committee, to be supplied to each member, as soon as may be, after the receipt of the report; and

            (b)  shall set down the Bill on the List of Business for a day meant for Government business or on a day meant for private members’ business, as the case may be, if the notice of a motion under rule 96 has been received.

      (2) If a Standing Committee does not make a report or an interim report within the prescribed time in respect of a Bill, the [11][Secretary General] shall, as soon as may be, intimate the fact to the members.

     [12][(3) The day on which a motion under rule 96 has been included in the List of Business shall be such that at least two clear days shall intervene between the issue of copies of the Bill to members and the consideration of a motion under rule 96:

      Provided that the provision of this sub-rule shall not apply when the Bill is being considered without the report of the Committee.]

96.       Motions to be made by member-in-charge.– On the day appointed under rule 95 or on any subsequent day to which the matter might have been adjourned, the member-in-charge may make any of the following motions in regard to his Bill–

        (a)   that it be taken into consideration at once; or

        (b)   that it be taken into consideration on a date to be fixed forthwith; or

        (c)   that it be referred to a Select Committee; or

        (d)   that it be circulated for the purpose of eliciting opinion thereon.

97.       Bills repugnant to the Injunctions of Islam.– (1) After a motion under rule 96 has been made and before the discussion of the principles of a Bill starts, a member may move that the Bill be referred to the Council of Islamic Ideology for advice whether or not the Bill or any part thereof is repugnant to the injunctions of Islam and if [13][one-fourth] of the total membership of the Assembly support and vote for the motion, the question shall be referred to the Council of Islamic Ideology for advice.

      (2) Notwithstanding a reference under sub-rule (1), the Assembly may, at any time, proceed with the Bill, if it considers that, in the public interest, the passage of the Bill should not be postponed until the advice is furnished.

      (3) The advice of the Council of Islamic Ideology on a question referred to it under sub-rule (1) shall, on receipt, be immediately laid on the Table by a Minister and if the Assembly is not in session at that time, it shall be laid on the Table on the first day of its next session.

      (4) The member who was incharge of the Bill before it became a law, may give notice of a motion for reconsideration of the law so made and may also propose amendments to bring the law in conformity with the advice of the Council of Islamic Ideology or to make it in accordance with the Injunctions of Islam.

      (5) If no notice is given by the member-in-charge in accordance with sub-rule (4) within thirty days of the circulation of the advice, any member may give such a notice along with the proposed amendments.

      (6) After the expiry of seven days in the case of notice under sub-rule (4) and fifteen days in the case of notice under sub-rule (5), the motion shall be included in the List of Business for a day meant for Government business or for a day meant for private members’ business, as the case may be, and the law shall be reconsidered as if it were a Bill in respect of which a motion that the Bill be taken into consideration at once has been carried.

      (7) Nothing in this rule shall prevent the member-in-charge from giving notice of a fresh Bill seeking to replace the law so made.

98.       Discussion of principles of Bills.– (1) On the day on which any of the motions referred to in rule 96 is made, or on any subsequent day to which discussion thereof is postponed, the principles 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 principles.

   [14][(2) At this stage, amendments to the Bill may not be moved, but if the member-in-charge moves that the Bill be taken into consideration or referred to a Select Committee, any member may move as an amendment that 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 may, if he wishes to proceed with the Bill thereafter, move that the Bill be referred to the Standing Committee concerned or to a Select Committee or that it be taken into consideration.

99.       Person by whom motions in respect of Bills may be made.– A motion that the Bill be taken into consideration shall not be made by any member other than the member-in-charge of the Bill and a motion that the Bill be referred to a Select Committee or be circulated for the purpose of eliciting opinion thereon shall not 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.

100.    Procedure after presentation of report.– (1) Where a Bill has been referred to a Select Committee, the member-in-charge may, after the presentation of the final report by the Select Committee, move–

         (a)     that the Bill, as reported by the Select Committee, be taken into consideration; or

         (b)     that the Bill, as reported by the Select Committee, be referred to the same Committee again either–

                  (i)      as a whole; or

                  (ii)     with respect to particular clauses or amendments only; or

                  (iii)    with instructions to the Select Committee to make some particular or additional provisions in the Bill; or

         (c)     that the Bill as reported by the Select Committee be circulated or re-circulated for the purpose of eliciting opinion or further opinion thereon.

      (2)  If the member-in-charge moves that the Bill be taken into consideration under paragraph (a) of sub-rule (1), a member may object to its being so taken into consideration, if a copy of the report of the Select Committee has not been made available to members at least three days before the motion is made and the objection shall prevail unless the Speaker allows the report to be taken into consideration.

      (3)  If the member-in-charge moves that the Bill, as reported upon by the Select Committee, be taken into consideration, any member may move an amendment that the Bill be referred to the same Committee again or be circulated or re-circulated for the purpose of eliciting opinion or further opinion thereon.

[15][101.  Consideration of a Bill.– (1) Notwithstanding anything contained in these rules, but subject to sub-rule (3), the Speaker shall, when a motion that a Bill be taken into consideration has been carried, submit the Bill, or any part of the Bill, to the Assembly clause by clause.

            (2)        The Speaker may call each clause separately and when the amendments relating to it have been dealt with, he shall put the question: “That this clause (or, as the case may be, that this clause as amended) do stand part of the Bill”.

(3)  The Speaker may, if he thinks fit, put as one question, a group of clauses in which no notice of amendment has been received or the amendments have been withdrawn and in such an eventuality, the Speaker shall put the question: “That the group of clauses do stand part of the Bill”.

[16][(4)* * * * * * * * * * * * * * * * * * * * * * * * *]

102.    Postponement of clause.– The Speaker may, if he thinks fit, postpone the consideration of a clause.

103.    Schedule.– 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, as the case may be, that this schedule as amended) do stand part of the Bill”.

104.    Clause one, preamble and title of the Bill.– Clause one, 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 preamble or the title (or, as the case may be that clause one or the preamble or the title as amended) do stand part of the Bill”.

105.    Amendments.– (1) When a motion that the Bill be taken into consideration has been carried, any member may propose such amendment to the Bill as is within the scope of, and relevant to, the subject matter of the Bill.

      (2)  If a notice of a proposed amendment has not been given [17][one clear day] before the day on which the Bill, the relevant clause or the Schedule 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.

      [18][(3)           If the amendment is an amendment which, under the Constitution, requires the consent of the Government before it is moved, the notice shall be accompanied by a request that such consent may be obtained and the [19][Secretary General] shall cause a copy of the amendment to be transmitted to the Department concerned for obtaining orders of the Government thereon and shall, on receipt of such orders from that Department, communicate the same to the member concerned.]

     [20][(4) If a question arises whether or not an amendment requires the consent of the Government, the question shall be decided by the Speaker and his decision shall be final.]

      (5)  The [21][Secretary General] shall, as far as practicable, cause a list of the amendments of which notices have been received to be made available to every member.

106.  Conditions of admissibility of amendments.– The following conditions shall govern the admissibility of amendments–

         (a)     an amendment shall be within the scope of the Bill and relevant to the subject matter of the clause to which it relates;

         (b)     an amendment shall not be inconsistent with any previous decision of the Assembly on the same question;

         (c)     an amendment shall not be such as to make the clause which it proposes to amend unintelligible or ungrammatical;

         (d)    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:

      Provided that in order to save time and repetition of arguments a single discussion may be allowed to cover a series of interdependent amendments;

         (e)     the Speaker shall determine the place at which an amendment shall be moved;

         (f)     the Speaker may refuse to propose an amendment which, in his opinion, is frivolous or meaningless; and

         (g)     an amendment may be moved to an amendment which has already been proposed by the Speaker.

107.    Orders of amendments.– (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) An amendment shall be moved by the member who has given its notice.

108.    Withdrawal of amendments.– An amendment moved may, by leave of the Assembly, but not otherwise, be withdrawn at 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.

Part IV – Passing of Bills

109.    Passing of Bills.– (1) When a motion that a Bill be taken into consideration has been carried and the Bill has been considered clause by clause, the member-in-charge may at once move that the Bill be passed.

      (2)  If amendments have been made in a Bill (other than the Finance Bill), the Speaker, of his own motion or on a motion made by a member, may direct that the Bill be examined with a view to reporting what amendments of a formal or consequential character should be made in the Bill as a matter of drafting by a Drafting Committee to be appointed by the Assembly and the report of the Committee shall be presented within such period not exceeding seven days as the Speaker may direct.

      (3)  When the report referred to in sub-rule (2) has been presented and the decision of the Assembly on the consequential amendments proposed has been made 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.

      (4)  When a motion that the Bill be passed has been made, the general provisions of the Bill may be discussed but only with reference to the amendments, if any, made in the Bill.

110.    Withdrawal of Bills.– The member-in-charge of a Bill 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 shall be made with reference to the Bill.

111.    Assent by Governor.– When a Bill is passed by the Assembly, an authenticated copy thereof signed by the Speaker and, in the case of a Money Bill, along with a certificate signed by him under clause (5) of Article 115 of the Constitution, shall be transmitted to the Governor by the [22][Secretary General] for action under Article 116 of the Constitution.

[23][112.   Publication.– When a Bill is assented or is deemed to have been assented to by the Governor under Article 116 of the Constitution, the [24][Secretary General] shall immediately cause it to be published in the official Gazette as an Act of the Assembly.]

113.    Bills returned by Governor.– (1) When a Bill passed by the Assembly is returned by the Governor to the Assembly with a message requesting that the Bill, or any specified provision thereof, be reconsidered or that any amendment specified in the message be considered, the [25][Secretary General] shall circulate the message to the members and shall also send an intimation to that effect to the Minister for Law and Parliamentary Affairs and to the Minister-in-charge:

      [26][Provided that if the Governor does not assent to or return the Bill within the time stipulated under Article 116(2), the Assembly may reconsider the Bill deeming it to have been retuned by the Governor under Article 116(3).]

[27][(2) The member-in-charge may give notice of motions in respect of a Bill returned by the Governor in the following manner:

“(a) Notice is hereby given that the member-in-charge shall move that the message of the Governor in respect of the ___________________ (name of the Bill), as passed by the Assembly on _______________ (date of passage by the Assembly), be taken into consideration at once.

(b) Notice is hereby given that the member-in-charge shall move that the ___________________ (name of the Bill), as originally passed by the Assembly and returned by the Governor under Article 116(2)(b) of the Constitution, be reconsidered by the Assembly in the light of the message of the Governor.

(c) Notice is hereby given that the member-in-charge shall move that the __________ (name of the Bill), as originally passed by the Assembly, be passed again; (or, the __________ (name of the Bill) as amended, be passed).”

            (3)        The [28][Secretary General] shall, as soon as may be, include in the List of Business the motions mentioned in sub-rule (2).

            (4)        When the motion mentioned in clause (a) of sub-rule (2) is made, the Speaker shall announce:

“The message of the Governor in respect of the ____________ (name of the Bill), as received and circulated, is taken into consideration at once. The member-in-charge may move the motion for reconsideration of the Bill”.

(5)  The member-in-charge shall move the motion mentioned in clause (b) of sub-rule (2) and the Speaker shall read out the motion to the Assembly and a Minister or a member may oppose it.

(6)  The motion in sub-rule (5) shall be dealt with in the following manner:

(a)  if the motion is not opposed, the Speaker shall, without debate, put the motion to the vote of the Assembly and shall announce the result: “The motion is carried” or, as the case may be, “The motion is not carried”: provided that if the motion is not carried, no further motion shall be made with reference to the Bill; or

(b)  if the motion is opposed, the Speaker shall give opportunity to the member or the Minister of expressing his views in favour or against the motion, but the discussion shall remain confined to the message of the Governor and thereafter, the Speaker shall put the motion to the vote of the Assembly, and shall announce the result: “The motion is carried” or, as the case may be, “The motion is not carried”: provided that if the motion is not carried, no further motion shall be made with reference to the Bill.

(7)  If the message of the Governor pertains generally to the whole Bill and no specific amendment has been proposed, the following procedure shall be followed:

(a)  after the motion mentioned in clause (b) of sub-rule (2) is carried, the Speaker shall announce:

“Since the motion for reconsideration of the Bill has been carried and no specific amendment has been proposed in any clause of the Bill, the member-in-charge may move the motion for passage of the Bill.”; and

(b)  the Speaker shall put the motion to the vote of the Assembly and thereafter shall announce: “The Bill, after reconsideration by the Assembly, is passed or, as the case may be, not passed”.

            (8)        If the Governor or the member-in-charge has proposed any specific amendment in some clause or clauses of the Bill, only those clauses shall be reconsidered by the Assembly and the following procedure shall be followed:

(a)  if the specific amendment has been proposed by the member-in-charge on the basis of the message of the Governor, he shall move the amendment and a Minister or a member may oppose it;

(b)  if the specific amendment has been proposed by the Governor in his message, the member-in-charge shall move such amendment on behalf of the Governor and shall also express his views on the amendment;

(c)  after discussion on the amendment, the Speaker shall put the amendment to the vote of the Assembly and after decision of the Assembly, the Speaker shall put the clause to the vote of the Assembly without any further debate;

(d) after all such clauses have been passed, the Speaker shall announce: “The member-in-charge may move the motion for passage of the Bill.”; and

(e)  the Speaker shall put the motion to the vote of the Assembly and thereafter shall announce: “The Bill, after reconsideration by the Assembly, is passed or, as the case may be, not passed”.

            (9)        When after reconsideration or consideration, the Bill is again passed by the Assembly, it shall be dealt with in accordance with rule 111.

     (10) Only the member-in-charge may propose amendments in any clause of the Bill on the basis of the message of the Governor.]