
PART VIII-PROCEDURE ON BILLS
49.Introduction of Bills
- A Minister shall give notice to the Secretary-General of his intentions to present a public Bill and such notice shall be published in the Order Book. The Bill shall also be published in the Gazette not less than thirty days prior to the sitting at which it is intended to be read for the first time.
- The Minister shall supply printed copies of all Bills to the Secretary-General who shall send a copy to each Member at least twenty-one clear days prior to that appointed, for the first reading.
Provided that this Order shall not apply to fiscal measures and to Bills which are fiscal measures.
- A private Member may give notice of a motion for leave to introduce a Bill, subject to the provisions of section 62(2) of the Constitution, and the motion shall be proceeded with at the time appointed under Standing Order 21.
- If the motion is agreed to, the Bill shall be published in the Gazette at Government expense.
- Public Bills shall be presented to the House at the time appointed under Standing Order 21. Government Bills shall take precedence on the Order Paper over private members' Bills on all days except Fridays.
50. First and Second Reading of Bills
- On the motion being moved and seconded "That a Bill be read a first time" no debate shall take place but the Secretary shall read the title of the Bill. The Bill shall then be deemed to have been ordered to be set down for second reading upon some future day.
- On the motion being moved and seconded, "'That a Bill be now read a second time", a debate may take place which shall be confined to the principles and merits of the Bill.
- To the question "That the Bill be now read a second time" an amendment may
be moved to leave out all the words after "That" and insert the words ' "the
second reading of the Bill be deferred until (date)." On the amendment being
seconded the following question shall be proposed "That the amendment be
made", and debate shall continue thereon.
- At the conclusion of the debate the question on the amendment shall be put to the House. If the amendment is defeated the Bill shall be deemed to have been read a second time.
51.Committal of Bills and Committee Stage of Bills
- When a Bill has been read a second time it shall automatically stand committed to a Committee of the whole House unless the Minister in charge of the Bill moves a motion "'That the Bill be committed to a select committee".
- A motion under the preceding paragraph may be moved without notice and may be moved either immediately after the second reading or at a later sitting.
- When the time for considering a Bill in Committee shall have arrived, the House shall resolve itself into a Committee of the whole House for the consideration of the Bill. When the House has resolved itself into Committee, the Secretary shall call the clauses in order by reading the number of each clause. Amendments shall be called at the relevant points in each clause. The Speaker shall also call the number of each clause and put the question relating thereto but only if an amendment to a clause has been carried shall he propose the question, "That this clause as amended stand part of the Bill".
- The consideration of a clause may be postponed but the motion for postponement may not be moved after the clause has been amended.
- A clause may be replaced or a new clause inserted at the proper and logical state during the course of consideration of the clauses of a Bill. Notice of any proposed new clause or the replacement of an existing one shall be given prior to the sitting unless the Speaker considers that such notice may be dispensed with. The Speaker shall call on the Member in whose name the clause stands and if that Member moves "That clause... be replaced by the following clause" or "That the following' clause be inserted immediately after clause..." after any debate the question shall be proposed and, if carried, the Bill shall be amended accordingly without any further question and any renumbering or other minor consequential amendment may be performed by the Secretary-General.
- The consideration of the schedule or the schedules, if any, shall follow the consideration of the clauses. Schedules shall be put to the House by the Secretary and may be amended in the same manner as the clauses, and the consideration of new schedules should follow the consideration of the original schedules.
- If the consideration of a Bill in Committee is not completed, the proceedings on the Bill may on motion made be adjourned until some subsequent sitting of the House, but if no such motion is made such consideration shall continue at the next sitting.
- On resumption of the consideration of a Bill in Committee, the House shall resolve itself into Committee without the Speaker putting the question to the House.
- When the consideration of a Bill in Committee has been completed, the House shall resume its sitting without the Speaker putting the question to the House and the passage of the Bill shall then be reported, with or without amendment, by the Member in charge.
- A select committee to which a Bill has been committed shall consider the Bill in the same way as a Committee of the whole House and on completion the Chairman shall report it, with or without amendment, to the House.
- When a Bill which has been considered by a select committee has been reported to the House, it shall be recommitted to a Committee of the whole House.
- The Committee of the whole House, when considering a Bill reported from a select committee, shall not consider it clause by clause but shall only consider any further amendments of which notice may have been given.
- If no such amendments are proposed the Committee shall forthwith resolve itself into the House and the third reading of the Bill shall proceed in the manner prescribed in the preceding paragraphs.
Provided that on the motion for third reading no amendment may be moved to recommit the Bill.
52.Third Reading of Bills
- When a Bill which has been considered in a Committee of the whole House has been reported to the House, it may, on motion, be read a third time either forthwith or at some subsequent sitting.
- On the motion for the third reading of a Bill being moved and seconded, the Speaker shall put the following question, "That this Bill be now read a third time and do pass."
- To this question the only amendment shall be:
- that the third reading be postponed to some specific date in the future; or
- that the Bill be recommitted, either generally or for a limited and defined purpose.
- If the motion for the third reading be carried, the Secretary shall read the
title to the Bill and the preamble, if any, and the enacting clause.
53.Later Stages of Bills
- When a motion for the third reading of a Bill has been agreed to, the Secretary shall endorse the end of the Bill with the words "This Bill originated in the House of Representatives this day; and having this day passed (giving the date) is now ready for presentation to the Senate for its concurrence."
- The Secretary to the House shall take the Bill to the Senate and formally present it to a sitting of the Senate. In like manner the Secretary to the Senate shall formally return Bills, with or without amendment and subject to the provisions of section 72-75 of the Constitution, to the House of Representatives suitably endorsed. It shall be the duty of the Secretary-General to make the appropriate arrangements on each such occasion.
- When amendments have been made by the Senate to a Bill consideration of such amendments by the House shall take place either forthwith without notice on the motion of a Minister or at some future sitting after due notice.
- On the order being read for the consideration of Senate Amendment(s), such shall be read in turn by the Secretary-General and, on each amendment being read, the following motion may be moved by a Minister:
- That the amendment be agreed to; or
- That the amendment be not agreed to; or
- That the amendment be agreed to in the following amended form.
Motions under the last two preceding paragraphs shall not require to be seconded.
- A Minister proposing to move an amendment under subsection (c) of paragraph
(4) of this Order shall make available to Members and to the Secretary copies of
his proposed amendment(s).
- If any Bill other than
- Bill certified under sections 72 (2), 73(2) or 74(l) of the Constitution; or
- Bill for the purposes mentioned in section 77 or 78 of the Constitution-
is passed by the House of Representatives in two successive sessions (whether or not Parliament is dissolved between those sessions) and, having been sent to the Senate in each of those sessions at least one month before the end of the session, is rejected by the Senate in each of those sessions, that Bill shall, on its rejection for the second time by the Senate, unless the House of Representatives otherwise resolves, be presented to the President for assent:
Provided that the foregoing provisions of this subsection shall not have effect unless at least six months have elapsed between the date on which the Bill is passed by the House of Representatives in the first session and the date on which it is passed by that House in the second session.
54.President's Assent
- Every Bill which has finally passed both Houses of Parliament, or subject to the, provisions of the Constitution, by the House of Representatives alone, shall be presented by the Secretary-General to the President for his assent, having been first certified by the signature of the Secretary-General as being a true copy.
- The Assent copy shall be kept in the Archives of the House in the custody of the' Secretary-General under arrangements to be made by the Speaker, and a certified copy, signed by the Secretary-General as such, shall be sent to the Government Printer as authorization for the printing of the Act of Parliament.
- The provisions of the preceding paragraph are without prejudice to the publication of the law in the Gazette pursuant to section 62(5) of the Constitution.
55.Lapsed Bills
Any Bill which lapses by reason of a prorogation before it has reached its final stage may be proceeded with in the next ensuing session at the stage it had reached in the preceding session, if a general election has not taken place between such two sessions on the following conditions:
- If the Bill be in possession of the House in which it originated, not having been sent to the other House, or, if sent, then returned by message, it may be proceeded with by resolution of the House in which it is, restoring it to the Order Paper.
- If the Bill be in the possession of the House in which it did not originate, it may be proceeded with by resolution of the House in which it is, restoring it to the Order Paper, but such resolution shall not be passed unless a message has been received from the House in which it originated, requesting that its consideration may be resumed.
56.Special Provision for Private Bills
- When any Bill shall be presented which may affect or benefit some particular person, association or corporate body, notice shall be given to all parties concerned of the general nature and objects of such Bill by publication in the Gazette, and every such Bill, not being a Government measure, shall be published in three successive numbers of the Gazette before the first reading.
- In any case where individual rights or interest or the property of any private person are peculiarly affected by any Bill, any party so interested may, upon petition for that purpose addressed to the House by a Member and on motion moved, seconded and agreed, be heard before the House or any Committee thereof either in person or by counsel.
Provided that every such petition shall be transmitted to the Secretary-General before the Bill shall have begun its committee stage.
- When it is intended to examine any witnesses the person requiring such witnesses shall give to the Secretary a list containing the names, residences and occupations of such witnesses at least three clear days before the day appointed for their examination. Any such witnesses may be examined, cross-examined and re-examined by counsel and may also be questioned by any Member of the House or of any committee thereof. The evidence of every such witness shall be taken down by staff provided by the Secretary-General and signed by the witness.
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