The KARNATAKA CONDUCT OF GOVERNMENT BUSINESS IN THE STATE LEGISLATURE ACT, 2005
Karnataka · state statute
Open in Lexace · Ask the AI about this actKARNATAKA ACT NO. 26 OF 2005
THE KARNATAKA CONDUCT OF GOVERNMENT BUSINESS IN THE
STATE LEGISLATURE ACT, 2005
Arrangement of Sections
Sections:
Chapter - I
Preliminary
1. Short title and commencement
2. Definitions
Chapter - II
Holding of Sessions
3. Duration of Sessions
4. Sittings of Legislature
5. Convening of special session
Chapter - III
Constitution and functions of the Government Business Advisory
Committee
6. Constitution of the Committee
7. Functions of the Committee
Chapter - IV
Miscellaneous
8. Application of other laws not barred
9. Protection of action taken in good faith
10. Power to make rules
11. Power to remove difficulties
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STATEMENT OF OBJECTS AND REASONS
It is considered necessary to provide for, conduct of Government
Business in the State Legislature Session for not less than sixty days in a
year and to recommend for holding sessions ordinarily in the following
manner, namely:-
(a) Opening Session – to begin with the Governor’s Address, in the
second week of January and to be held for a minimum period
of fifteen days.
(b) Budget Session – to begin in the first week of March and to be
held for a minimum period of twenty days.
(c) Monsoon Session – to begin in the second week of July and to
be held for a minimum period of fifteen days.
(d) Winter Session – to begin in the second week of November and
to be held for a minimum period of ten days.
Further, provision is also made to constitute a Government Business
Advisory Committee to assess the Government Business to be presented in
the Business Advisory Committee of the either House of the State
Legislature indicating the priorities and matters connected therewith or
incidental thereto.
Hence, the Bill.
[L.A. Bill No. 14 of 2005]
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KARNATAKA ACT NO. 26 OF 2005
(First published in the Karnataka Gazette Extraordinary on the twenty fourth
Day of August, 2005)
THE KARNATAKA CONDUCT OF GOVERNMENT BUSINESS IN THE
STATE LEGISLATURE ACT, 2005
(Received the assent of the Governor on the twenty second Day of August,
2005)
An Act to provide for a certain minimum number of days of conduct
of Government business in the State Legislature and matters connected
therewith or incidental thereto;
Whereas it is expedient to provide for a certain minimum number of
days of conduct of Government Business in the State Legislature and
matters connected therewith or incidental thereto and for the purposes
hereinafter appearing;
Be it enacted by the State Legislature in the fifty-sixth year of
Republic of India as follows:-
Chapter - I
Preliminary
1. Short title and commencement.- (1) This Act may be called the
Karnataka Conduct of Government Business in the State Legislature Act,
2005.
(2) It shall come into force from such 1[date]1 as the State
Government may by notification appoint.
1. The Act has come into fo rce w.e.f. 15.10.2005 by Notification
2. Definitions.- (1) In this Act, unless the context otherwise
requires,-
(a) “Chairman” means the Chairman of the Committee;
(b) “Committee” means the Government Business Advisory
Committee constituted under section 6;
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(c) “Conduct of Business Rules” means the Rules of Procedure and
Conduct of Business of either House of the State Legislature
under Article 208 of the Constitution;
(d) “Government” means the Government of Karnataka;
(e) “House” means unless specific reference is made to the
Karnataka Legislative Assembly or the Karnataka Legislative
Council in any provision, either House of the State Legislature;
(f) “Legislature” or “State Legislature” means the Karnataka State
Legislature;
(g) “Sessions” means the sessions of each House of Legislature;
(h) “Year” means the Calendar Year commencing from the first day
of January.
(2) Any reference to the Constitution made in this Act shall be read
as reference to the Constitution of India.
Chapter - II
Holding of Sessions
3. Duration of Sessions.- It shall be obligatory on the part of the
Government to recommend summoning of the State Legislature and for
conduct of sessions of Legislature for not less than sixty days in a year,
including the duration of joint sittings.
4. Sittings of Legislature.- The sittings of the Legislature in each
year shall, as far as may be, divided into four sessions, namely:-
(a) Opening Session – to begin with the Governor’s Address,
ordinarily in the second week of January and to be held for a
minimum period of fifteen days.
(b) Budget Session – to begin ordinarily in the first week of March
and to be held for a minimum period of twenty days.
(c) Monsoon Session – to begin ordinarily in the second week of
July and to be held for a minimum period of fifteen days.
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(d) Winter Session – to begin ordinarily in the second week of
November and to be held for a minimum period of ten days.
Provided that the State Government may on the advice of the
Committee, recommend for enhancement or reduction of number of days of
conduct of Government business in the State Legislature:
Provided further that if there is no sufficient Government Business to
hold the session in full in the manner specified above, the House may be
adjourned and the shortfall of minimum number of days in one session shall
be made good partly or fully in the succeeding sessions in the same year.
5. Convening of special session.- Without prejudice to the
foregoing provisions whenever the Government feels that a session of the
Houses of Legislature has to be summoned to discuss any issue of special
nature the Committee shall act upon it and recommend to the State
Legislature the number of days required to be conducted for that special
session.
Chapter - III
Constitution and functions of the Government Business
Advisory Committee
6. Constitution of the Committee.- (1) As soon as may be after the
commencement of this Act, the State Government shall constitute a
committee to be called the Government Business Advisory Committee to
advise the Government on the Government business to be transacted
during each Legislature Session.
(2) The Committee shall consist of,-
(1) The Minister incharge of Parliamentary Affairs
and Legislation
Chairman
(2) The Secretary to Govt., Dept. of Personnel and
Administrative Reforms (AR)
Member
(3) The Secretary to Govt., Finance Department
(Budget and Resources)
Member
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(4) The Secretary to Govt.,Dept. of Parliamentary
Affairs and Legislation
Member
(5) An Officer of the Department of Parliamentary
Affairs and Legislation not below the rank of an
Assistant Draftsman and Ex-officio Deputy
Secretary to Government, nominated by the
Secretary to Government, Department of
Parliamentary Affairs and Legislation.
Secretary
7. Functions of the Committee.- (1) The Committee shall from time
to time collect the Financial/ Legislative and other proposals of the
Government and keep a consolidated list of all proposals. The Chairman
shall present the proposals at the meetings of the Business Advisory
Committee of either House indicating the priorities appropriate to each
session, the probable time required for discussion and suggestions at
introducing the proposals before either House, in a way to make the best
utility of session time.
(2) The Committee shall meet and decide the number of days
required for the conduct of Government business in the State Legislature
and may recommend for the enhancement or reduction of number of days of
conduct of Government business in the State Legislature.
(3) The Committee shall also co-ordinate the needs of the different
departments of the State Government and taking into consideration the
requirement of all the administrative departments recommend to the
Speaker of the Legislative Assembly and the Chairman of the Legislative
Council to provide for conduct of Government business in the respective
Houses of the State Legislature.
(4) The Committee shall adopt such procedure as it deems fit for
conducting its business.
(5) Absence of any member of the committee other than the
Chairman shall not invalidate the proceedings of the committee.
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Chapter - IV
Miscellaneous
8. Application of other laws not barred.- (1) The provisions of this
Act shall be in addition to, and not in derogation of the provisions of any
other law for the time being in force.
(2) Nothing contained in this section shall be construed as
derogative of the provisions of Articles 174, 175 and 176 of the Constitution.
9. Protection of action taken in good faith:- No suit, prosecution
or other legal proceedings shall lie against the State Government or any
officer of the State Government for anything which is in good faith done or
intended to be done under this Act or the rules made thereunder.
10. Power to make rules.- (1) The State Government may, by
notification in the official Gazette, make rules for carrying out the provisions
of this Act or any other matter which is required to be or may be prescribed.
(2) Every rule made under this Act, shall be laid as soon as may be
after it is made, before each House of the State Legislature, while it is in
session, for a total period of thirty days, which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions as
aforesaid, both Houses agree in making any modification, in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may
be, so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
11. Power to remove difficulties.- (1) If any difficulty arises in
giving effect to the provisions of this Act, the State Government may, by
order published in the official Gazette, make such provisions not
inconsistent with the provisions of this Act as may appear to be necessary
for removing the difficulty.
(2) Every order made under this section shall be laid, as soon as
may be after it is made, before each House of the State Legislature.
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The above translation of dâ }Ö Ërdâ pÖ mX Æ|Ö }â À â ° ªvâ · {â ¶[ É â dÖ Ëî
dÖ Ìâ ° Ëdâ È Ö ~â gâ Ô â ¾ À â ËÝ â Ç ê %º¾ Ìâ ° À â ° , 2005 (2005 pâ dâ }Ö Ërdâ %º¾ Ìâ ° À â ° É â ªfê X 26) be
published in the Official Gazette under clause (3) of Article 348 of the
Constitution of India.
T.N. Chaturvedi
Governor of Karnataka
By Order and in the name of the Governor of Karnataka
G.K. BOREGOWDA
Secretary to Government (I/C),
Department of Parliamentary Affairs and Legislation.
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