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Section 31 - Joint Sitting Both Chambers in Certain Cases in Government of India Act, 1935 [Repealed]

snapp 31 GOIA[ 1935 0 Notes

Joint Sitting Both Chambers in Certain Cases.

1 [31. Joint Sitting Both Chambers in Certain Cases

(1) If after a .Bill has been passed by one Chamber and transmitted to the other; Chamber--

(a) the Bill is rejected by the other Chamber; or

(b) the Chambers have finally disagreed as to the amendments to be made in the Bill; or

(c) more than six months elapse from the date of the reception of the Bill by the other Chamber without the Bill being presented

to the Governor-General for his assent, the Governor-General may, unless the Bill has lapsed by reason of a dissolution of the Assembly, notify to the Chambers, by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:

Provided that, if it appears to the Governor-General that the Bill relatesto finance or to any matter which affects the discharge of his functionsin so far as he is by or under this Act required to act in his discretion or toexercise his individual judgment, he may so notify the Chambers notwithstanding that there has been no rejection of or final disagreement as to theBill notwithstanding that the said period of six months has not elapsed, ifhe is satisfied that there is no reasonable prospect of the Bill being presentedto him for his assent without undue delay.

In reckoning any such period of six months as is referred to in thissub-section, no account shall be taken of any time during which the Legislature is prorogued or during which both Chambers are adjourned for morethan four days.

(2) Where the Governor-General has notified his intention of summoning the Chambers to meet in a joint sitting, neither Chamber shall proceedfurther with the Bill, but the Governor-General may at any time in thenext section after the expiration of six months from the date of his notification summon the Chambers to meet in a joint sitting for the purposespecified in his notification and, if he does so, the Chambers shall meet accordingly:

Provided that, if it appears to the Governor-General that the Bill is such a Bill as is mentioned in the proviso to sub-section (1) of this, section, he may summon the Chambers to meet in a joint sitting for the purpose aforesaid at any date, whether in the same session or in the next session.

(3) The functions of the Governor-General under the provisos to the two last preceding sub-sections shall be exercised by him in his discretion.

(4) If at the joint sitting of the two Chambers 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) if the Bill, having been passed by one Chamber, has not been passed by the other Chamber with amendments and returned to the Chamber in which it originated, 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 ;

(b) if the Bill has been so passed and returned, 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.

(5) A joint sitting may be held under this section and a Bill passed thereat notwithstanding that a dissolution of the Assembly has intervened since the Governor-General notified his intention to summon the Chambers to meet therein.

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1. Section 31 was omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.

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