(1) The Finance Minister may call for any papers in cases in which any of the matters referred to in Rules 17 or Rules 41 and 42 are involved and the Department to whom the request is addressed shall supply the papers.
27
(2) On receipt of papers called for under sub-clause
(1), the Finance Minister may request that the papers with his note on them shall be submitted to the Cabinet.
(3) The Finance Department may make rules to govern financial procedure in general in all Departments and to regulate the business of the Finance Department and the dealings of other Departments with the Finance Department.
3[2[1[D. Department of Parliamentary Affairs]2 and Legislation]1]3
47. Except as hereinafter provided, the 3[2[1[D.
Department of Parliamentary Affairs]2 and Legislation]1]3is not, in respect of legislation, an originating or initiating Department, and its proper function is to put into technical shape projects of legislation on which the policy has been approved.
Every proposal to initiate legislation shall be considered in, and if necessary transferred to the Department to which the subject matter of the Legislation relates and the necessity for legislation and all matters of substance to be embodied in the Bill shall be discussed and settled in such Department.
1. Substituted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD dt:24.1.1996
2. Substituted by Notification No: DPAR 07 ARB 2017, dt.25.09.2018. KGD EX:
dt:25.09.2018
3. Substituted by Notification No: DPAR 15 ARB 2018 dt: 21.11.2019, KGD EX:
dt: 21.11.2019
48. Proposals to initiate legislation shall be treated as a case and shall be submitted for orders to the Chief Minister through the Minister-in-charge of the Administrative Department and the 3[1[ 2[Department of Parliamentary Affairs]2 and Legislation]1]3
Provided that the case shall not be so submitted to the Chief Minister until the Department concerned has consulted 28 the 3[2[ 1[Department of Parliamentary Affairs]2 and Legislation]1]3 as to.
(i) the need for the proposed legislation from a legal point of view:
(ii) the competence of the State Legislature to enact the measure proposed:
(iii) whether the previous sanction of the President is necessary under the Constitution:
(iv) the consistency of the proposed measure with the provisions of the Constitution and in particular, those relating to Fundamental Rights.
Advice of the 3[2[1[Department of Parliamentary Affairs]2 and Legislation]1]3 on these points should be set out in the Memorandum prepared under Rule 23.
1. Substituted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD dt:24.1.1996
2. Substituted by Notification No: DPAR 07 ARB 2017, dt.25.09.2018. KGD Ex. dt: 25.09.2018
3. Substituted by Notification No: DPAR 15 ARB 2018, dt.21.11.2019 KGD EX.
dt: 21.11.2019.
49. If legislation is decided upon, the Department shall draw up a memorandum on the proposal indicating with sufficient precision the lines on which it has been decided to legislate and also a Statement of Objects and Reasons. If the Legislation involves expenditure from the Consolidated Fund of the State, financial memorandum shall also be prepared in consultation with the Finance Department. The papers shall then be sent to the 3[2[1[Department of Parliamentary Affairs]2 and Legislation]1]3 requesting it to draft the Bill accordingly.
Note :- A separate memorandum need not be prepared in cases where a note for the Cabinet or some other paper already in existence will serve the purpose of a memorandum
1. Substituted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD Ex.
dt:24.1.1996
2. Substituted by Notification No: DPAR 07 ARB 2017, dt.25.09.2018. KGD Ex. dt.25.09.2018
3. Substituted by Notification No: DPAR 15 ARB 2018, dt.21.11.2019 KGD EX. dt:21.11.2019.
29
50. The 3[2[1[Department of Parliamentary Affairs]2 and Legislation]1]3 shall thereafter prepare a draft bill, scrutinize the Statement of Objects and Reasons and return the case to the Department concerned.
1. Substituted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD Ex. dt:
24.1.1996
2. Substituted by Notification No: DPAR 07 ARB 2017, dt.25.09.2018. KGD Ex. dt:25.09.2018
3. Substituted by Notification No: DPAR 15 ARB 2018, dt.21.11.2019 KGD EX.
dt: 21.11.2019.
51. The Administrative Department if so directed by the Minister-in-charge, will obtain the opinion of such officers and bodies as it deems necessary for the draft bill and submit the opinions received with a copy of the tentative Draft Bill to the Minister-in-charge.
52. If the tentative Draft Bill is approved by the Minister-incharge, it shall be sent to the Secretary of the Scrutinizing Committee for being placed before the Scrutinizing Committee.
The tentative Draft Bill as approved by the Scrutinizing Committee shall be returned to the Originating Department.
53.(1)The tentative Draft Bill as approved by the Scrutinizing Committee shall then be circulated along with the Financial Memorandum, if any, other Ministers and a copy supplied to the Governor and, unless the Chief Minister directs otherwise, the tentative Draft Bill shall be brought before a meeting of the Cabinet. Proposals for any substantial or important amendments in the Draft Bill after its approval shall also be dealt with similarly.
1[(2) xxx ]1 1[(3) xxx ]1 1[(4) xxx ]1
1. Omitted by Notification No. DPAR 15 ARB 2018, dt: 21.11.2019 KGD Ex.
dt:21.11.2019 30
(5) In the case of a Bill requiring the previous sanction of the President under the proviso to clause (b) of Article 304 of the Constitution of India, the Administrative Department principally concerned shall address the Ministry of Home Affairs, Government of India and such proposals shall be sent at least three weeks before the session of the Legislature is scheduled to meet.
1[Provided that when the need for action is so urgent that prior consultation is not possible, in such cases the Government of India shall be informed of it as soon as possible.]1
1. Inserted by Notification No. DPAR 15 ARB 2018, dt: 21.11.2019 KGD Ex. dt:
21.11.2019
(6) Whenever the Government of India are consulted under 1[The Department of Parliamentary Affairs and Legislation shall after obtaining information from the Administrative Department concerned.]1shall send to the Government of India six copies of the letter forwarding the Bill to the Central Government and not less than six copies of the Bill with the Statement of Objects and Reasons and in case, the proposed legislation is an amending Bill, six up to date copies of the principal Act, notes on clauses of the proposed legislation, a comparative statement showing each relevant clause as it exists and as it would read after the proposed amendment and a certificate in the following form, namely:- Certificate in the case of Bill/Ordinance sent for approval and Bill sent for previous sanction of the President *Subject : - Certificated that the following documents in connection with the above mentioned legislative proposal have been attached herewith :-
1. Six copies of the letter of State Government forwarding the proposed draft legislation.
2. Six copies of the proposed legislation together with an equal number of copies of the statement of Objects and Reasons for it.
31
3. The proposed legislation is an amending one. Six up-todate copies of the Principal Act, note on clauses of the proposed legislation and a comparative statement showing each relevant clause as it exists and as it would read after the proposed amendment are also therefore attached.
** Signature Note :- 1. * Please give long title of the Legislative proposal.
2. ** The certificate should be signed by the officer under whose signature the proposal is sent.
1. Substituted by Notification No. DPAR 15 ARB 2018, dt: 21.11.2019 KGD Ex.
dt: 21.11.2019
(7) The provisions of sub-rules 1[xxx]1 (5) and (6) shall apply mutatis mutandis in respect of Ordinances which require the previous instructions of the President under the proviso to Article 213 (1) of the Constitution. In addition, the Government of India shall be informed of the necessity for the promulgation of the proposed Ordinance, the object sought to be achieved by it and the specific ground on which it is considered necessary to obtain the instructions of the President.
The relevant articles of the Constitution which render such instructions necessary shall also be indicated.
1. Omitted by Notification No. DPAR 15 ARB 2018, dt: 21.11.2019 KGD Ex. dt:
21.11.2019
54. If it is decided to proceed with the Bill, with or without amendments the originating Department shall send the case to the 3[2[1[Department of Parliamentary Affairs]2 and Legislation]1]3 with necessary instructions requesting that Department to prepare a final draft of the Bill.
1. Substituted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD Ex dt:24.1.1996
2. Substituted by Notification No: DPAR 07 ARB 2017, dt.25.09.2018.
KGD Ex. dt:25.09.2018
3. Substituted by Notification No: DPAR 15 ARB 2018, dt.21.11.2019 KGD EX.
dt: 21.11.2019.
32
55. The 3[2[1[Department of Parliamentary Affairs]2 and Legislation]1]3 shall then finalize the draft if necessary after placing it again before the Scrutinizing Committee and send the Draft Bill to the originating Department indicating at the same time, the sanctions, if any, required for the Bill, along with notes on clauses, whenever necessary, covering important clauses of the Bill. If any provisions in the Bill involving expenditure from the Consolidated Fund of the State are modified in the finalized draft, the Department shall send the finalized draft Bill to the Finance Department for revising, if necessary, the financial memorandum.
1. Substituted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD dt: 24.1.1996
2. Substituted by Notification No: DPAR 07 ARB 2017 dt.25.09.2018 KGD EX dt:25.09.2018
3. Substituted by Notification No: DPAR 15 ARB 2018, dt.21.11.2019 KGD EX.
dt: 21.11.2019.
56. The originating Department shall then transfer the final draft Bill to the 3[2[1[Department of Parliamentary Affairs]2 and Legislation]1]3 with the instructions of Government thereon including instructions as to its introductions in the Legislative Council or the Legislative Assembly according to the rules thereof and with the copies of such papers connected with the Bill including a copy of the Statement of Objects and Reasons signed by Minister-in-charge as should be communicated to the Legislative Council or the Legislative Assembly. After such transfer the Bill shall be deemed to belong to the 3[1[2[Department of Parliamentary Affairs]2 and Legislation]1]3
1. Substituted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD dt: 24.1.199
2. Substituted by Notification No: DPAR 07 ARB 2017, dt.25.09.2018.KGD EX.
dt:25.09.2018
3. Substituted by Notification No: DPAR 15 ARB 2018, dt.21.11.2019 KGD EX.dt:
21.11.2019.
1[56A. Whenever any financial Bill or Money Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 199 are to be introduced or moved in the Legislature, the Department of Parliamentary Affairs and Legislation shall obtain the 33 recommendation of the Governor under clause (1) and (3) of Article 207 of the Constitution.
56B. When a Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of the State and provided provision is made in the Budget, the Department of Parliamentary Affairs and Legislation shall obtain the recommendation of the Governor under clause (3) of Article 207 of the Constitution.]1
1. Inserted by Notification No. DPAR 15 ARB 2018, dt: 21.11.2019 KGD Ex.
dt:21.11.2019
57. Notwithstanding anything contained in Rule 47 measures designed solely to codify and to consolidate existing enactments and legislation of a formal character such as repealing and amending Bills may be initiated in the 3[2[ 1[Department of Parliamentary Affairs]2 and Legislation]1]3
Provided that the 3[2[ 1[Department of Parliamentary Affairs]2 and Legislation]1]3 shall send a copy of the draft Bill prepared to the Department which is concerned with the subject matter for consideration as an administrative measure and the Department to which it is sent shall forthwith make such enquiries as it thinks fit and shall send to the 3[2[ 1[Department of Parliamentary Affairs]2 and Legislation]1]3 its opinion thereon together with a copy of every communication received by him on the subject.
1. Substituted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD dt:24.1.1996
2. Substituted by Notification No: DPAR 07 ARB 2017, dt.25.09.2018 KGD EX.
dt:25.09.2018
3. Substituted by Notification No: DPAR 15 ARB 2018, dt.21.11.2019 KGD EX. dt:
21.11.2019.