(1) The Finance Minister may requisition any records from any Department in which financial consideration is involved and the Department, to whom the request is addressed, shall supply the record immediately.
(2) On receipt of the requisite records the Finance Minister may order that the records with his notes on them be submitted to the Council.
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(3) Subject to the provisions of sub-rule(1) of rule 5 of these rules, the Finance department may make rules to regulate the financial procedure.
C-LAW DEPARTMENT
29. Except as hereinafter provided, the Law Department shall not be, in respect of a Legislation, an originating or initiating Department and its function will be to put into proper legal shape the proposals of Legislation on which the policy decision has been taken 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 4, settled in such Department.
30. The Legislative proposal shall be processed like other proposal or matters of a Department:
Provided that the Legislative proposals shall not be submitted to the Chief Minister until the Department concerned has consulted the Law Debarment as to:
(i) the need for the proposed legislation from legal point of view;
(ii) the competence of the Legislature of the Capital to enact the measure proposed;
(iii) the requirement of the Constitution, Act or any other law for the time being in force as to the obtaining of previous sanction of the President, or recommendations of the Lieutenant Governor; and
(iv) the consistency of the proposed measure with the provisions of the Constitution and in particular those relating to the fundamental rights.
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31. If it has been decided to process the legislative proposal, the department shall, if the proposal involves expenditure from the Consolidated Fund of the Capital prepare, in consultation with the Finance Department, a financial memorandum. The proposal shall be forwarded to the Law Department requesting it to draft the Bill accordingly.
32. The Law Department shall thereafter prepare a draft Bill and return the proposal along with the draft Bill to the Department concerned.
33. 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-incharge.
34. If the draft bill is approved by the Minister in charge, it shall be circulated to other Ministers and a copy thereof shall be supplied to the Lieutenant Governor and thereafter the draft shall be placed in a meeting of the Council in accordance with these rules.
35. If it is decided to proceed with the draft Bill with or without amendments, the Administrative Department shall send the case to the Law Department requesting it to prepare a final draft of the Bill.
36. The Law Department shall then finalise the draft and send it to the concerned 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 Capital are modified in the finalised draft, the Administrative Department shall send the finalised draft Bill to the Finance Department for revising the financial memorandum.
37. The Administrative Department shall then forward 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 along with the copies of required statements and such as the Statement of Objects and Reasons, the Financial Memorandum, the Memorandum of Delegated Legislation, Memorandum regarding Recommendations of the Lieutenant Governor, etc. After such 14 transfer, the proposal shall be deemed to belong to the Law Department.
38. Notwithstanding anything contained in rule 29 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 forward 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 forwarded 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.