Assam Legislative Assembly
CHAPTER-XIII
Legislation
(a) Introduction

Publication of
Bills before
introduction
64. The Speaker on a request being made to him/her may order the publication of any Bill (together with the Statement of Objects and Reasons and the Financial Memorandum accompanying it) in the Gazette, although no motion has been made for leave to introduce the Bill. In that event it shall not be necessary to move for leave to introduce the Bill, and if the Bill is afterwards introduced, it shall not be necessary to publish it again.
Notice of motion
for leave to
introduce private
members Bills
65. (1) Any member, other than a Minister, desiring to move for leave to introduce a Bill, shall give notice of his/her intention, and shall, together with the notice, submit a copy of the Bill and an explanatory Statement of Objects and Reasons which shall not contain argument:
  Provided that the Speaker may, if he/she thinks fit, revise the Statement of Object and Reasons.
  (2) If the Bill is a Bill which under the Constitution cannot be introduced without the previous sanction or recommendation of the President or the Governor, the member shall annex to the notice such sanction or recommendation to be obtained and conveyed through a Minister and the notice shall not be valid until this requirement is complied with.
  (3) The period of notice of a motion for leave to introduce a Bill under this rule shall be one month unless the Speaker allows the motion to be made at shorter notice.
  (4) The Speaker may disallow a notice of a Bill in case the Bill does not comply with the requirements of sub-rule(l) of Rule 66 or Rule 67.
Notice of identical Bill 65 A. When a Bill is pending before the House, notice of an identical Bill, whether received before or after the introduction of the pending Bill, shall be removed from, or not entered in the list of pending notices, as the case may be, unless the Speaker otherwise directs.
Introduction of
a Bill dependent
of another Bill
pending before
the House
65B. A Bill which is dependent wholly or partly upon another Bill pending before the House, may be introduced in the House in anticipation of the passing of the Bill on which it is dependent:
  Provided that the second Bill shall be taken up for consideration and passing in the House only after the first Bill has been passed by the House and assented to by the Governor or the President, as the case may be.
Financial memorandum
and money
clauses.
66. (1) A Bill involving expenditure shall be accompanied by a financial memorandum which shall invite particular attention to the clauses involving expenditure and shall also give an estimate of the recurring and non-recurring expenditure involved in case the Bill is passed into law.
  (2) Clauses or provisions in Bills involving expenditure from public funds shall be printed in thick type or in italics:
  Provided that where a clause in a Bill involving expenditure is not printed in thick type or in italics, the Speaker may permit the member-in-charge of the Bill to bring such clauses to the notice of the House.
Explanatory
memorandum to
Bills delegating
legislative
Power.
67. A Bill involving proposals for the delegation of legislative power shall further be accompanied by a memorandum explaining such proposals and drawing attention to their scope and stating also whether they are of normal or exceptional character.
Discussion of
Governor’s
ordinances.
68. As soon as possible after the Governor has promulgated an Ordinance under clause (1) of Article 213 of the Constitution, printed copies of such Ordinance shall be made available to the members of the Assembly. Within six weeks from the re-assembly of the Assembly, any member may, after giving three clear days’ notice to the Principal Secretary, move a resolution disapproving the Ordinance.
Statement in
connection with
Ordinance.
69. (1) Whenever a Bill seeking to replace an ordinance with or without modification is introduced in the House, there shall be placed before the House along with the Bill a statement explaining the circumstances which had necessitated immediate legislation by Ordinance.
  (2) Whenever an Ordinance which embodies wholly or partly or with modification the provisions of Bill pending before the House is promulgated, a statement explaining the circumstances which had necessitated immediate legislation by Ordinance shall be laid on the Table at the commencement of the session following the promulgation of the Ordinance.
Motion for leave
to introduce
a Bill.
70. (1) If the motion for leave to introduce a Bill is opposed, the Speaker after permitting, if he/she thinks fit, a brief explanatory statement from the member who moves and from the member who opposes the motion, may without further debate put the question thereon:
  Provided that where a motion is opposed on the ground that the Bill initiates legislation outside the legislative competence of the House, the Speaker may permit a full discussion thereon.
  (2) If such motion be carried the Principal Secretary shall read the title of the Bill and the Bill shall thereupon be deemed to be introduced in the Assembly.
Publication 71. As soon as may be after a Bill has been introduced, the Bill, unless it has already been published, shall be published in the Gazette.
(b) Motions after introduction
Motion after introduction. 72. When a Bill is introduced or on some subsequent occasion, the member-in-charge may make one of the following motions in regard to the Bill namely:-
  (a) that it be taken into consideration by the Assembly either at once or at some future day to be then mentioned; or
  (b) that it be referred to a Select Committee composed of such members of the House and with instructions to report on or before such date as may be specified in the motion; or
  (c) that it be circulated for the purpose of eliciting public opinion thereon:
  Provided that if a member gives notice of a particular motion specified in (a), (b) and (c), he/she shall not be permitted to move a different motion: Provided further that no such motion
  Provided further that no such motion shall be made until after copies of the Bill have been made available for the use of members, and that any member may object to any such motion being made unless copies of the Bill have been so available for two days before the motion is made and such objection shall prevail unless the Speaker, in his/ her discretion, allows a motion to be made.
Discussion of Bills First Reading. 73. (1) On the day on which any such motion is made, or on any subsequent day to which the discussion is postponed, the principle of the Bill and its provisions may be discussed generally but the details of the Bill shall not be discussed further than is necessary to explain its principle.
  (2) At this stage no amendments to the Bill may be moved, but if the member-in-charge moves that the Bill-
  (a) be taken into consideration, any member may move as an amendment that the Bill be referred to a Select Committee or be circulated for the purpose of eliciting public opinion thereon by a date to be mentioned in the motion:
  Provided that if an amendment or a motion for appointment of a Select Committee has been moved under this rule, any member may move that the House gives instructions to the Select Committee to which the Bill is proposed to be referred, to make some particular or additional provision in the Bill and if necessary or convenient to consider and report on amendments which may be proposed to the original act which the Bill seeks to amend;
  (b) be referred to a Select Committee, any member may move as an amendment that the Bill be circulated for the purpose of eliciting public opinion, by a date as may be mentioned in the motion.
  (3) Where a motion that a Bill be circulated for the purpose of eliciting public opinion has been carried in the Assembly and the Bill has been circulated in accordance with that direction and opinions have been received thereon by the date mentioned in the motion, the member-in-charge, if he/she wishes to proceed with the Bill thereafter, shall move that the Bill be referred to a Select Committee, unless the Speaker, in his/her discretion, allows a motion to be made that the Bill be taken into consideration.
Persons by whom Motions in respect of Bills may be made. 74. No motion that a Bill be taken into consideration or be passed shall be made by any member other than the member-in-charge of the Bill or by any other member authorised by him/her and permitted to do so by the Speaker and no motion that a Bill be referred to a Select Committee Persons by whom Motions in respect of Bills may be made.
  Provided that the Speaker may in his/her discretion allow such matter being raised in the House as is concerned with the procedure or subject or stage of enquiry if the Speaker is satisfied that it is not likely to prejudice the consideration of such matter by the statutory tribunal, statutory authority, commission or court of enquiry.or be circulated or recirculated for the purpose of eliciting public opinion thereon shall be made by any member other than the member-in-charge except by way of amendment to a motion made by member-in-charge
  Explanation-For the purposes of this rule ‘member-incharge of the Bill’ means, in the case of a Government Bill any member acting on behalf of the Government and in any other case, the member who has introduced the Bill.
Procedure on
report after
presentation.
75. (1) After the presentation of the final report of a Select Committee on a Bill the member-in-charge may move-
  (i) that the Bill as reported by the Select Committee be taken into consideration, but any member may object to its being so taken into consideration if a copy of the report has not been available for the use of member for four days and such objection shall prevail unless the Speaker, exercise of his/her discretion, allows the report to be taken into consideration; or
  (ii) that the Bill be recommitted, either –
  (a) without limitation, or
  (b) with respect to particular clauses or amendments only, or
  (c) with instructions to the Select Committee to make some particular or additional provision in the Bill.
  (2) If the member-in-charge moves that the Bill be taken into consideration, any member may move, as an amendment, that the Bill be recommitted.
Scope of debate
on report of
Select
Committee.
76. The debate on a motion that the Bill as reported by the Select Committee be taken into consideration shall be confined to consideration of the report of the Committee and the matters referred to in that report or any alternative suggestions consistent with the principle of the Bill.
(c) Consideration and Amendment of Bills
Notice of
amendment
77. (1) If notice of a proposed amendment has not been sent to the Principal Secretary two clear days before the days on which the Bill is to be considered, any member may object to the moving of the amendment, and such objection shall prevail, unless the Speaker, in his/her discretion, allows the amendment to be moved.
  (2) The Principal Secretary shall cause a copy of every notice of a proposed amendment to be made available for the use of each member.
Condition of
admissibility of
amendments.
78. The following conditions shall govern the admissibility of amendments to clauses or schedules of a Bill-
  (i) An amendment shall be within the scope of the Bill and relevant to the subject matter of the clause to which it relates.
  (ii) An amendment shall not be inconsistent with any previous decision of the House on the same question.
  (iii) An amendment shall not be such as to make the clause which it proposes to amend unintelligible or ungrammatical..
  (iv) 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.
  (v) The Speaker shall determine the place at which an amendment shall be moved.
  (vi) The Speaker may disallow an amendment which is, in his/her opinion, frivolous or meaningless.
  (vii) An amendment may be moved to an amendment which has already been proposed.
Sanction or
recommendation
of the President
or the Governor
to be annexed
to notice of
amendments.
79. If any member desires to move an amendment which under the Constitution cannot be moved without the previous sanction or recommendation of the President or the Governor, the Principal Secretary shall forward the same to the President or the Governor as the case may be with a copy to the Minister concerned for necessary sanction or recommendation and the amendment shall not be moved unless such sanction or recommendations received:

Provided that no previous sanction or recommendation of the Governor shall be required, if an amendment seeks to-
  (a) abolish or reduce the limits of the tax proposed in the Bill or amendment, or
  (b) increase such tax upto the limits of an existing tax.
Communication
of sanction or
recommendation
of President or
Governor in
respect of
amendments
to Bills.
80. The orders of the President or the Governor granting or withholding the sanction or recommendation to an amendment to a Bill shall be communicated to the Principal Secretary by the Minister concerned in writing.
Selection of new
clauses or amendments.
81. The Speaker shall have power to select the new clauses or amendments to be proposed and may, if he/she thinks fit, call upon any member who has given notice of an amendment to give such explanation of the object of the amendment as may enable him/her to form judgement upon it.
Arrangement of
Amendment.
82. Amendments of which notice has been given shall, as far as practicable be arranged in the list of amendments, issued from time to time, in the order in which they may be called, in arranging amendments raising the same question at the same point of a clause, precedence may be given to an amendment moved by the member-in-charge of the Bill. Subject as aforesaid, amendments may be arranged in the order in which notices thereof are received.
Order of
amendments
Second Reading
83. Amendments shall ordinarily be considered in the order of the clauses to which they respectively relate.
Mode of moving
amendments.
84. When a motion that a Bill be taken into consideration has been carried, any member may, when called upon by Speaker move an amendment to the Bill of which he/she has previously given notice:

Provided that in order to save time and repetition of arguments, a single discussion may be allowed to cover a series of interdependent amendments.
Withdrawal of
amendments.
85. An amendment moved may, by leave of the House but not otherwise, be withdrawn on 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.
Submission of
Bills, clause by
clause
86. Notwithstanding anything contained in the foregoing rules, it shall be in the discretion of the Speaker when motion that a Bill be taken into consideration has been carried, to submit the Bill or any part of the Bill, to the Assembly, clause by clause, when this procedure is adopted, the Speaker shall call each clause, separately, and when the amendments relating to it have been dealt with shall put the question “that this clause or (as the case may be) this clause as amended, stands part of the Bill”.
Postponement of
clause.
87. The Speaker may, if he/she thinks fit, postpone the consideration of a clause.
Consideration of
Schedule.
88. 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, that this schedule as amended, as the case may be) do stand part of the Bill”:

Provided that the Speaker may allow the schedule or schedules, if any, being considered before the clauses are disposed of or along with a clause or otherwise as he/she may think fit.
Voting on group
of clauses and
Schedules.
89. The Speaker may, if he/she thinks fit, put as one question clauses and or schedules, or clauses and or schedules as amended, as the case may be, together to the vote of the House:

Provided that if a member requests that any clause or schedule, or any clause or schedule as amended, as the case may be, put separately, the Speaker shall put that clause or schedule, or clause or schedule as amended, as the case may be, separately.
Clause one,
Enacting
Formula,
Preamble
and Title of Bill
90. Clause one, that Enacting Formula, 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 Enacting Formula, or the Preamble, or the Title (or that clause one, Enacting Formula, Preamable or Title as amended, as the case may be) do stand part of the Bill’.
(d) Adjournment of debate on and withdrawal of Bills..
Adjournment of
debate on Bills.
91. At any stage of a Bill which is under discussion in the House, a motion that the debate on the Bill be adjourned may be moved with the consent of the Speaker
Withdrawal of
Bills.
92. The member-in-charge of a Bill may at any stage of Bill move for leave to withdraw the Bill on the ground that-
  (a) the legislative proposal contained in the Bill is to be dropped; or
  (b) the Bill is to be replaced subsequently by a new Bill which substantialy alters the provision contained therein; or
  (c) the Bill is to be replaced subsequently by another Bill which includes all or any of its provisions in addition to other provisions;

and if such leave is granted no further motion shall
  and if such leave is granted no further motion shall be made with reference to the Bill:
  Provided that where a Bill is under consideration by a Select Committee of the House, notice of any motion for the withdrawal of the Bill shall automatically stand referred to the Committee and after the Committee has expressed its opinion in a report to the Assembly, the motion shall be set down in the list of business.
Explanatory
statement
by member
who moves or
opposes
withdrawal
motion.
93. If a motion for leave to withdraw a Bill is opposed, the Speaker may, if he/she thinks fit, permit the Member who moves and the member who opposes the motion to make brief explanatory statements and may thereafter, without further debate, put the question.
(e) Passing of Bills
Passing of Bills-Third Reading. 94. (1) If no amendment be made when a motion that a Bill be taken into consideration has been agreed to by the Assembly, the Bill may at once be passed.

(2) If any amendment be made, any member may object to the passing of the Bill at the same meeting and such objection shall prevail unless the Speaker in his/her discretion, allows the Bill to be passed.

(3) Where the objection prevails, the Bill shall be brought forward again at a future meeting and may then be passed with or without further amendment
Scope of
Debates. Reading.
95. The discussion on a motion that the Bill or the Bill as amended, as the case may be, be passed shall be confined to the submission of arguments either in support of the Bill or for the rejection of the Bill. In making his/her speech a member shall not refer to the details of the Bill further than is necessary for the purpose of his/her arguments which shall be of general character.
Correction of
patent errors.
96. (1) Where a Bill is passed by the House, the Speaker shall have power to correct patent errors and make such other changes in the Bill as are consequential upon the amendments accepted by the House in the Bill passed and so revised shall be signed by the Speaker.

In case the Bill passed is a Money Bill, the Speaker shall sign and certify the same in accordance with the provision of clause (4) of Article 199 of the Constitution.
  (2) After a Bill has been so authenticated by the Speaker, the Principal Secretary shall send the authenticated copy to the Government for assent.
  (3) One copy of the Bill so assented to and received from the Government shall be preserved for verification and record and shall not be allowed to pass out of the custody of the House without the permission of the Speaker.
(f) Reconsideration of Bills returned by the Governor
Reconsideration
of Bills returned
by the Governor
97. (1) When a Bill passed by the Assembly is returned to the Assembly by the Governor with a message requesting that the Assembly do reconsider the Bill or any specified provisions thereof or any such amendments as are recommended in his/her message, the Speaker shall read the message of the Governor in the Assembly if in session, or if the Assembly is not in session direct that it may be circulated for the information of the members.
  (2) The Bill as passed by the Assembly and returned by the Governor for reconsideration shall thereafter be laid on the table.
Notice of Motion
for consideration
of amendments
98. At any time after the Bill has been so laid on the table, any Minister in the case of a Government Bill or in any other case, any member may give notice of his/her intention to move that the amendments recommended by the Governor be taken into consideration.
Motion for
consideration.
99. On the day on which the motion for a consideration is set down in the list of business which shall, unless the Speaker otherwise directs, be not less than two days from the receipt of the notice, the member giving notice may move that the amendments be taken into consideration.
Scope of
debate
100. The debate on such a motion shall be confined to consideration of matters referred to in the message of the Governor or to any suggestion relevant to the subject matter of the amendments recommended by the Governor.
Consideration of
amendments.
101. If the motion that the amendments recommended by the Governor be taken into consideration is carried, the Speaker shall put the amendments to the House in such manner as he/she thinks most convenient for consideration.
Procedure on
consideration
of amendments.
102. An amendment relevant to the subject matter of an amendment recommended by the Governor may be moved, but no further amendment shall be moved to the Bill unless it is consequential upon, incidental or alternative to an amendment recommended by the Governor.
Passing again
of Bill
103. When all the amendments have been disposed of, the member giving notice of the motion under rule 98 may move that the Bill as originally passed by the Assembly be passed again, or passed again as amended, as the case may be.
Disagreement
of the House
with message.
104. If the motion that the amendments recommended by the Governor be taken into consideration is not carried, the member giving notice of the motion under rule 98 may at once move that the Bill as originally passed by the Assembly be passed again without amendment.