PART D : BILL OFFICE

PART D: BILL OFFICE

9.67 Responsibilities of Bill Office- The items of work for which this Section is responsible mainly consists of: -

i) Government Bills: Scrutiny before introduction, Introduction, Publication in the Gazette, Consideration at all stages including reference to Select or Joint Committee, Amendments to Bills, Passing, Transmission or return to the other House and preparation of and submission for President’s Assent.

ii) Private Members’ Bills: Scrutinising the Bills as to their format, contents and to see whether they comply with the Rules or require President’s recommendation and seeing the Bills through all the stages in the Rajya Sabha.

iii) Reference of Bills to the Department-related Parliamentary Standing Committees.

iv) Communication of Messages between the Houses.

v) Balloting of Private Members’ Bills.

vi) Circulation of Bills for eliciting Public Opinion thereon under the direction of the House; compilation, printing, circulation and preparation of precis of opinions.

vii) Circulation of Bills to the Members and supply of copies thereof to the Lok Sabha, Ministry of Law and others. .

viii) Ordinances.

ix) Maintenance of Bill Registers.

x) Preparation of lists of pending Bills and Bills passed during the Session and assented to.

9.68 Introduction of Bills-The Ministry of Law and Justice, after the proposal has been approved by the Cabinet, prepares the final draft of the Bill and sends two proof copies (one original and one duplicate) each of the English and Hindi versions, duly authenticated by the legislative counsel, to the Bill Office with an Office Memorandum.

Any Minister desirous of introducing a Government Bill in the Rajya Sabha pertaining to his Ministry can do so by giving a notice of his intention under his signature, to move for leave to introduce a Bill, to the Secretary-General. For giving notice for introduction of a Government Bill, there is no time limit prescribed under the rules.

9.68.1 Assigning of Bill: As soon as the notice for introduction and the proof copies of the Bills are received in the Bill Office, the entire set is diarised in the Central Bill Register for Government Bills and the work related to that Bill is assigned to a particular Assistant. The Register is maintained in the following format:

Sl. No.

Long Title of the Bill

Short Title of the Bill

Name of The Memberin charge

Ministry Conce-rned

Date of

Receipt

File No.

Date of Introduction

Bill No. Allotted to the Bill in the Detail-ed Bill Register

A file number is allotted to that Bill by its name and the details of the Bill are immediately entered in the Central Bill Register meant for Government Bills. The Bill is given a number in Roman numerals which is indicated on the right side just above the title of the Bill as “ Bill No… of (year)”. The number is assigned year-wise in continuation to the Government and the Private Members’ Bills so that no two Bills of same or different categories carry the same number.

9.68.2 Scrutiny of Bill: The Bill is scrutinized as per the standard process sheet (Annexure 9.2) for Government Bills and as given in para 9.69 for Private Members Bills. The scrutiny sheet contains the points outlining the requirement of the Constitution and rules pertaining to Legislation.

The discrepancies, if any, in the Bill are brought to the notice of the Administrative Ministry and the Ministry of Law and Justice who in turn generally set the Bill in order once a Bill is found to be in order, it is placed before the Secretary-General for approval.

9.68.3 Printing of Bill: After the Bill is scrutinized and approved, a docket page, mentioning 'Rajya Sabha', the long title of the Bill and the name of the Minister-in-charge, is attached only to the English version of the approved Bill. Thereafter, the original proof copy of English version alongwith a note is sent to the Printing Section with a request to get printed 500 copies of the English version of the Bill with the superscription “ To be introduced in the Rajya Sabha” and 1000 copies of the same with the superscription “As introduced in the Rajya Sabha on ……..” The request for Hindi version of the Bill is also sent through a different note whereby 150 copies and 500 copies respectively are got printed.

On receipt of the printed copies, two copies of the English version of the Bill are sent to the Ministry of Law and Justice (Printing Section) (Annexure-9.3) and four copies of the Hindi version and one copy of the English version are sent to Official Languages Wing, Ministry of Law and Justice (Annexure-9.4) for scrutinising the Bill. On the basis of the scrutinised copy of the Ministry of Law and Justice, the Errata to the English version of a Bill, if necessary, is prepared by this Section whereas that of the Hindi version is got prepared by sending a note to the Translation Section.

9.68.4 Circulation of Bill before Introduction: On receipt of the copies of the Bill “To be introduced in the Rajya Sabha”, 275 copies of the English version and 75 copies of the Hindi version alongwith the Errata, if any, are sent to the Distribution Section for circulation to the members of the Rajya Sabha. By convention, these copies are circulated two days in advance of the introduction unless the Chairman otherwise directs.

9.68.5 Listing of Motion for Introduction: Once the above formalities are complete, Bill Office gives clearance for inclusion of the Bill in the List of Business. A Motion for leave to introduce the Bill is enlisted by the Table Office. In respect of Government Bills, this is done in consultation with the Ministry of Parliamentary Affairs, which indicate the dates and order in which the Bills are listed, through a U.O. note, to the Table Office.

9.68.6 Publication and Circulation of Bill after Introduction: The Bill, after having been introduced in the Rajya Sabha, is published in the Gazette of India, Extraordinary Part-II, Section 2, under a letter from Under Secretary to the General Manager, Government of India Press, on the same day. (Annexure 9.5).

While preparing a copy of the Bill for publication in the Gazette:-

(a) The Superscription “TO BE INTRODUCED IN THE RAJYA SABHA” is deleted.

(b) Before the title of the Bill the following superscription is written:-

“RAJYA SABHA”

The following Bill (or Bills) has (have) been introduced in the Rajya Sabha on the______(date):-

(d) Line numbering in the body of the Bill is deleted.

(e) Docket page, arrangement of clauses and Annexure to the Bill, if any, are deleted, retaining the Statement of Objects and Reasons, Financial Memorandum and Memorandum regarding Delegated Legislation.

(f) If more than one Bill is introduced on a day, every one of them is separated by a Roman numeral written above the number allotted to the Bill.

(g) The short title of the Bill is deleted.

(h) The name of the Secretary-General, Rajya Sabha is written at the end followed by the end mark as –

“Printed by the Secretary-General, Rajya Sabha under rule 68 of

the Rules of Procedure and Conduct of Business in the Rajya Sabha.”

The copies of the Bill, as introduced in the Rajya Sabha, are also sent to the Lok Sabha Secretariat, Ministry of Law and Justice, Ministry of Parliamentary Affairs, Supreme Court etc. as per standard mailing list maintained in the Section, after the date of its introduction has been stamped on each Bill. A copy is also sent to Committee Section-I of the Rajya Sabha Secretariat.

9.69 Reference of Bills to Parliamentary Committees-

9.69.1 Reference to Department-related Parliamentary Standing Committee: Once a Bill has been introduced in the Rajya Sabha, action is initiated to refer the Bill to the concerned Department-related Parliamentary Standing Committee of Parliament. For this, a brief note highlighting the purpose of the Bill is placed before the Hon’ble Chairman. Although there is no rule yet, generally, all the Bills introduced in the Rajya Sabha are referred with the approval of the Chairman to the Standing Committees, barring Bills replacing ordinances and time barred Bills etc. of urgent nature. Rule 273 governs the procedure to be followed in this respect, and the following method is adopted for processing of the cases:-

(a) Bill introduced in the Rajya Sabha and referred to a Standing Committee of the Rajya Sabha: After obtaining the orders of the Hon’ble Chairman, the Chairman of the Standing Committee is informed through a letter by the Secretary-General, Rajya Sabha indicating the date by which the report is expected. A para (Annexure-9.6) is published in the Parliamentary Bulletin Part-II for information of the Members and others.

(b) Bill introduced in the Rajya Sabha and referred to a Standing Committee of the Lok Sabha: In case a Bill introduced in the Rajya Sabha is referred to the Standing Committee falling under the jurisdiction of the Lok Sabha, after obtaining the orders of the Hon’ble Chairman that the Speaker, Lok Sabha may be requested to refer the bill to the Standing Committee of the Lok Sabha, a letter (Annexure-9.6A) from the Secretary-General, Rajya Sabha is sent to the Secretary-General, Lok Sabha for referring the Bill to the Standing Committee mentioning the date by which the Report is expected. After the concurrence of the Speaker is obtained by the Lok Sabha Secretariat, it is conveyed to Secretary-General, Rajya Sabha and information to that effect is published in the Parliamentary Bulletin Part-II (Annexure-9.6-B) for information of the Members and others

(c) Bill introduced in the Lok Sabha and referred to a Standing Committee of the Rajya Sabha: .On receipt of a letter from Secretary-General, Lok Sabha communicating the desire of the Hon’ble Speaker for referring the Bill to a Standing Committee, the proposal is placed for the Hon’ble Chairman’s consideration. After the Hon’ble Chairman concurs to the proposal:-

i) the decision of the Hon’ble Chairman, Rajya Sabha is conveyed to the Secretary-General, Lok Sabha by the Secretary-General, Rajya Sabha (Annexure-9.7)

ii) the Chairman of the concerned Department-related Parliamentary Standing Committee is informed of such reference by a letter from the Secretary-General, Rajya Sabha.

iii) A para (Annexure-9.8) regarding reference of the Bill is published in the Parliamentary Bulletin Part II for the information of the Members and others.

9.69.2 Reference to a Select Committee: A Bill, either introduced in the Rajya Sabha or pending therein, as passed by the Lok Sabha may be referred to a Select Committee of the Rajya Sabha under Rule 69-71. For this purpose the Minister-in-charge of the Bill may give a notice for reference of the Bill to a Select Committee. When a notice to this effect is received, it is processed and an approved item (Annexure-9.9) showing the manner in which the Motion is to be moved is sent to the Table Office for inclusion in the List of Business.

On adoption of the Motion for reference to a Select Committee, the work relating to that Committee is allotted, under orders of the Secretary-General, to one of the Committee Sections in rotation as per roster maintained in the Bill Office. The file pertaining to that Bill is also sent to that Committee Section alongwith adequate number of copies of the Bill for further necessary action on that Bill. The file is returned to Bill Office once the basic formalities of formation of the Select Committee are over.

9.69.3 Reference to Joint Committee: After the introduction of a Bill, the Minister-in-charge may give notice under Rule 69-71 for reference of the Bill to a Joint Committee (of both Houses) and an item (Annexure-9.10) for inclusion in the List of Business is got approved and sent to the Table Office.

On adoption of the Motion for reference to the Joint Committee, a message to the effect is sent (Annexure-9.11) to the Secretary-General, Lok Sabha conveying the Motion adopted in the Rajya Sabha and recommending the Lok Sabha to join in the said Committee by adopting a Motion in order to constitute the Committee. After the concurrence of the Lok Sabha is conveyed to the Rajya Sabha through a message from Secretary-General, Lok Sabha, the Table Office brings it to the notice of the Secretary-General and it is reported to the House. The Committee is, thereafter, formally constituted and the work relating to that Committee is allotted to one of the Committee Sections in the same manner as in the case of a Select Committee.

When a Bill, originating in the Lok Sabha, is proposed to be referred to a Joint Committee of the Houses, a Motion to that effect, adopted in the Lok Sabha, is conveyed to the Rajya Sabha by the Secretary-General, Lok Sabha, Secretary-General, Rajya Sabha reports the message to the House. Thereafter, a notice is received from the Minister concerned for concurring in the Motion adopted in the Lok Sabha. A draft item (Annexure- 9.12) is sent to the Table Office for inclusion in the List of Business for concurring in the Motion. Upon its adoption, it is conveyed to the Lok Sabha through a message (Annexure-9.13). The Committee is, thereafter, formally constituted in the Lok Sabha.

9.70 Consideration and Passing/Return of Bills-

9.70.1 Bills Introduced in the Rajya Sabha: After a Bill has been introduced in the Rajya Sabha, the Minister concerned gives a notice for consideration and passing of the Bill which is again diarised in the Section Diary Register maintained in the following format:

SECTION DIARY

S. N.

No. & Date of Document Received

From Whom

Brief Subject

Classification

Assistant to Whom marked

File

No.

Date of final Dis-posal

Remarks

Number

Date

10.

The case is assigned to the same assistant who dealt with the introduction of that Bill.

After diarising, the case is put up for approval of the Secretary –General for enlisting the Bill for consideration and passing. The following points are checked at this stage:-

a) If an Ordinance has been promulgated on a Bill pending in the Rajya Sabha, whether statement giving reasons for immediate legislation through Ordinance has been laid on the Table of the House at the commencement of the Session (Rule 66(2).

b) Whether the Bill has been circulated to the Members of the Rajya Sabha two days in advance (proviso to Rule 69).

c) Whether the report of the Standing/Select/Joint Committee on the Bill has been presented or laid, as the case may be.

d) Whether the recommendation of the President under article 117(3) of the Constitution is required and if so, whether it has been received.

e) Whether any amendment has been received or is required on the Bill and has been circulated. In particular, need for formal amendments relating to the year of the Bill needs to be checked.

If all the above-mentioned formalities are complete, the Bill is cleared for being enlisted in the List of Business for consideration by the Rajya Sabha.

After the Bill has been accepted for listing for consideration and passing, the Ministry of Parliamentary Affairs is informed which communicates the date on which the Bill is to be listed for consideration and passing. The Minister in charge of the Bill also gives notice of his intention to move for the consideration and passing of the Bill, as required under Rule 69 and Rule 109 respectively. A copy of the Bill, in anticipation of its passing by the Rajya Sabha, is sent to the Ministry of Law and Justice for scrutiny in advance. While preparing as passed by Rajya Sabha version of the Bill, the following changes are carried out:-

a) superscription “As introduced in Rajya Sabha” is replaced by “As passed by the Rajya Sabh