Vol. 13 · pages 211–215

(b) he is a minister for any State for the time be- ing specified in Part III of the First Sche- dule, if he is responsible to the Legisla- ture of the State, or where there are two Houses of the Legislature of the State, to the Lower House of such Legislature and if not less than three-fourths of the mem- bers of such Legislature or House, as the case may be, are elected. 5 Penalty for sitting and voting be- fore making declaration under article 165 or when not qualified or when dis- qualified. 163. If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 165 of this Constitution, or when he knows that he is not qualified or that he is disqualified for membership thereof or that he is prohibited from so doing by the provisions of any law made by the Legis- ture of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State. 10 15 20 Privileges and Immunities of Members Privileges, etc, of mem- bers. 169. (1) Subject to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every 25 (2) No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Le- gislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings. 30 (3) In other respects the privileges and immuni- ties of members of a House of the Legislature of a State shall be such as may from time to time be de- fined by the Legislature by law, and until so de- fined shall be such as are enjoyed by the members of the House of Commons of the Parliament of the United Kingdom at the commencement of this Cons- titution. 35 40 (4) The provisions of clauses (1), (2) and (3) of this article shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise take part in the proceedings of, a House of the Legislature of a State as they apply in relation to members of that Legislature. 45 210 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 178 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Salaries and allowances of members 170. Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined by the Legislature of the State by law, and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the date of commencement of this Constitution applicable in the case of members of the Provincial Legislative Assem- bly for that State. 5 10 Legislative Procedure Provisions as to introduc- tion and passing of Bills. 171. (1) Subject to the provisions of articles 173 and 182 of this Constitution with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State which has a Legislative Council. 15 (2) Subject to the provisions of articles 172 and 173 of this Constitution, a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both Houses either without amend- ment or with such amendments only as are agreed to by both Houses. 20 (3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof. 25 (4) A Bill pending in the Legislative Council of a State which has not been passed by the Legisla- tive Assembly shall not lapse on a dissolution of the Assembly. 30 (5) A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly. 35 Joint sitting of both Houses in States hav- ing Legisla- tive Councils in certain eases. 172. (1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council, more than six months elapse from the date of the reception of the Bill by the Council without the Bill being passed by both Houses, the Governor may, un- less the Bill has lapsed by reason of a dissolution of the Legislative Assembly, summon the Houses to 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 211 179THE DRAFT CONSTITUTION

meet in a joint sitting for the purposes of deliberating and voting on the Bill: Provided that nothing in this clause shall apply to a Money Bill. (2) In reckoning any such period of six months as is referred to in clause (1) of this article, no account shall be taken of any time during which both Houses are prorogued or adjourned for more than four days. 5 (3) If at the joint sitting of the two Houses summoned in accordance with the provisions of this article the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majo- rity of the total number of members of both Houses present and voting, it shall be deemed for the pur- poses of this Constitution to have been passed, by both Houses: 10 15 Provided that at a joint sitting— (a) if the Bill has not been passed by the Legis- lative Council with amendments and returned to the Legislative Assembly, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill; 20 (b) if the Bill has been so passed and returned by the Legislative Council, only such amendments as aforesaid shall be pro- posed to the Bill and such other amend- ments as are relevant to the matters with respect to which the Houses have not agreed; 25 30 and the decision of the person presiding as to the amendments which are admissible under this clause shall be final. Special pro- cedure in respect of Money Bills. *173. (1) A Money Bill shall not be introduced in a Legislative Council. 35 (2) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative 40 *This article and all other provisions in this Chapter relating to “Money Bills” have been inserted to give effect to the recom- mendations of the Expert Committee on the Financial Provisions of the Constitution. 212 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 180 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Council shall within a period of thirty days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council. 5 (3) If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legisla- tive Assembly. 10 (4) If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council. 15 (5) If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legis- lative Assembly within the said period of thirty days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly. 20 25 Definition of “Money Bills.” 174. (1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:— (a) the imposition, abolition, remission, altera- tion or regulation of any tax; 30 (b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State; 35 (c) supply; (d) the appropriation of the revenues of the State; (e) the declaring of any expenditure to be ex- penditure charged on the revenues of the State, or the increasing of the amount of any such expenditure; 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 213 181THE DRAFT CONSTITUTION

(f) the receipt of money on account of the reve- nues of the State or the custody or issue of such money or the audit of the accounts of the State; or (g) any matter incidental to any of the matters specified in items (a) to (f) of this clause. 5 (2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered or by reason that it provides for the impo- sition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. 10 (3) If any question arises whether a Bill intro- duced in the Legislature of a State which has a Le- gislative Council is a Money Bill or not, the deci- sion of the Speaker of the Legislative Assembly of such State thereon shall be final. 15 (4) There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council un- der the last preceding article, and when it is pre- sensed to the Governor for assent under the next suc- ceeding article, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill. 20 25 Assent to Bills. 175. A Bill which has been passed by the Legis- lative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President : 30 Provided that where there is only one House of the Legislature and, the Bill has been passed by that House, the Governor may, in his discretion, return the Bill together with a message requesting that the House will reconsider the Bill or any speci- fed provisions thereof and, in particular, will reconsider the desirability of introducing any such amendments as he may recommend in his Message and, when a Bill is so returned the House shall reconsider it accordingly and if the Bill is passed 35 40 214 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 182 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES