ANNEXURE -C

EXTRACTS FROM THE RULES OF BUSINESS OF THE GOVERNMENT OF HIMACHAL PRADESH.

41. 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 of 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 legislation relates and the necessity for legislation and all matters of substance to be embodied in the Bill shall, discussed and, subject to these Rules, settled in such department.

42. 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 State Legislature to enact the measure proposed;

(iii) the requirements of the Constitution as to obtaining the previous sanction of the President thereto; and

(iv) the Consistency of the proposed measure with the provisions of the Constitution, and, in particular, those relating to the Fundamental Rights.

43. After obtaining the opinion of the Law Department on matters referred to in the next preceding rule, and if the proposed legislation involves expenditure from the Consolidated Fund, after a Financial Memorandum has been prepared in consultation with the Finance Department, the proposals shall be submitted to the Council of Ministers in accordance with these rules along with a comprehensive Memorandum.

44. If the proposal for the legislation is approved by the Council of Ministers, the case shall be sent to the Law Department along with the decision of the Council of Ministers and the Explanatory Memorandum for the purpose of preparing a tentative draft of the Bill.

45. The Law Department shall prepare a tentative draft of the Bill and return the case to the department concerned.

46. The Administrative Department shall after consulting such officers and bodies as is deemed necessary, submit the draft bill to the Council of Ministers along with the opinion, if any, of the officers or bodies consulted.

47. If it is decided by the Council of Ministers to proceed with the Bill, with or without amendments, the Administrative Department shall send the case to the Law Department along with the Final decision of the Council of Ministers, requesting it to prepare the final draft of the Bill.

48. The Law Department shall then finalize the draft and send a draft Bill 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 State are modified in the finalised draft, the department shall send the finalized draft Bill to the Finance Department for revising, if necessary, the Financial memorandum.

49. The originating department shall then transfer the final draft Bill to the Law Department with the instructions of the Government thereon, including instructions as to its introduction in the Legislative Assembly, and with copies of such papers underlying the Bill as should be communicated to the Legislative Assembly. After such transfer, the Bill shall be deemed to belong to the Law Department.

54. After obtaining the assent of the Governor or the President, as the case may be, the Law Department shall take steps for the publication of the Bill in the Official Gazette as an Act of the Legislature.