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Section 74 - Passing of Bills in Provinces Having Legislative Councils in Government of India Act, 1935 [Repealed]

snapp 74 GOIA[ 1935 0 Notes

Passing of Bills in Provinces Having Legislative Councils.

(1) Subject to the provisions of this section, a Bill shall not bedeemed to have been passed by the Chambers onthe Legislature of a Province having a LegislativeCouncil, unless it has been agreed to by bothChambers, either without amendments or with suchamendments only as are agreed to by both Chambers.

(2) If a Bill which has been passed by the Legislative Assembly andtransmitted to the Legislative Council is not, before the expiration of twelvemonths from its reception by the Council, presented to the Governor forhis assent, the Governor may summon the Chambers to meet in a Jointsitting for the purpose of deliberating and voting on the Bill:

Provided that, if it appears to the Governor that the Bill relates to finance [or affects the discharge of any of his special responsibilities], hemay summon the Chambers to meet in a joint sitting for the purpose aforesaid notwithstanding that the said period of twelve months has not elapsed.

[The functions of the Governor under the proviso to this sub-sectionshall be exercised by him in his discretion.]1

(3) If at a joint sitting of the two Chambers summoned in accordance with the provisions of this section the Bill, with such amendments, if any as are agreed to in joint sitting, is passed by a majority of the total number of members of both Chambers present and voting, it shall be deemed for the purposes of this Act to have been passed by both Chambers:

Provided that at a joint sitting-

(a) unless the Bill has been passed by the Legislative Council withamendments and returned to the Legislative Assembly, no amendment shallbe proposed to the Bill other than such amendments, if any, as are madenecessary by the delay in the passage of the Bill ;

(b) if the Bill has been so passed and returned by the Legislative Council, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Chambers have not agreed, and the decision of the person presiding as to the amendments which are admissible under this sub-section shall be final.

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1. The words within brackets were omitted, by the India (Provisional Constitution) Order, 1947.

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