(1) The Finance Minister may call for any papers from any Department in which financial consideration is involveci and the Department, to whom the request is addressed, shall supply the papers.
(2) On receipt of papers called for under sub-rule (1), the Finance Minister may request that the papers with his notes on them shall be submitted to the Council.
OJS) 258
(3) Subject to the provisions of sub-rule (1) of rule 7, 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.
C - LAW DEPARTMENT
31. Except as hereinafter provided, the Law Department is not, in respect of legislation an originating or initiating Department and its proper function is to put into technical shape the projects of legislation on which the policy has been approved; and 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, subject to rule 6, settled in such Department.
32. Proposals to initiate legislation shall be treated as a case and shall be disposed of accordingly:
Provided that the case shall not be submitted to the Chief Minister until the department concerned has consulted the Law Department as to -
(i) the need for the proposed legislation from a legal point of view;
(ii) the competence of the legislature of the Union territory to enact the measure proposed;
(iii) the requirements of the Constitution, the Act or any other law for the time being in force as to the obtaining of the previous sanction of the President thereto; and
(iv) the consistence of the proposed measure with the provisions of the Constitution and in particular those relating to the fundamental rights.
33. If legislation is decided upon, the department shall, if the legislation involves expenditure from the Consolidated Fund of the Union territory, prepare in consultation with the Finance Department, a financial memorandum. The papers shall then be sent to the Law Department requesting it to draft the Bill accordingly.
34. The Law Department shall thereafter prepare a draft Bill and return the case to the Department concerned.
35. The Administrative Department shall obtain the opinion of such officers and bodies as it deems necessary on the draft Bill and submit the opinion so received with a copy of the draft Bill to the Minister-in-charge.
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36. If the draft Bill is approved by the Minister-in-charge, it shall be circulated to the other Ministers and a copy thereof shall be supplied to the Administrator and thereafter the draft Bill shall be brought before a meeting of the Council in accordance with these Rules.
37. If it is decided to proceed with the draft Bill, with or without amendments, the originating department shall send the case to the Law Department requesting it to prepare a final draft of the Bill.
38. The Law Department shall then finalise the draft and send it to the originating Department indicating at the same time the sanctions, if any, required for the Bill. If any provisions in the Bill involving expenditure from the Consolidated Fund of the Union territory are modified in the finalised draft, the originating Department shall send the finalised draft Bill to the Finance Department for revising, if necessary, the financial memorandum.
39. The originating Department shall then transfer the final draft Bill to the Law Department with the instructions of the Council thereon, including instructions as to its introduction in the Legislative Assembly and with copies of such papers relating to the Bill, such as, the Statement of Objects and Reasons, the Financial Memorandum, the Memorandum of Delegated Legislation, etc., as should be forwarded to the Legislative Assembly. After such transfer, the Bill shall be deemed to belong to the Law Department.
40. Notwithstanding anything contained in rule 31, measures designed solely to codify and consolidate existing enactments and legislation of a formal character such as repealing and amending Bills may be initiated in the Law Department:
Provided that the Law Department shall send a copy of the draft Bill 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 Law Department its opinion thereon together with a copy of every communication received by it on the subject.