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Jammu and Kashmir Constitution- Part-II

 

PART VI
THE STATE LEGISLATIVE
COMPOSITION OF THE STATE LEGISLATURE
46. There shall be Legislature for the State which shall consist of the Sadar-i-Riyasat and two Houses be known respectively as the Legislative Assembly and the Legislative Council.
47. (1) The Legislative Assembly shall consist of one hundred members chosen by direct election from territorial constituencies in the State;
Provided that the Sadar-i-Riyasat may, if he is of opinion that women are not adequately represented in the Assembly nominate not more than two women to be members thereof. 
(2) For the purposes of sub-section (I), the State shall be divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State. Explanation: In this sub-section, the express-ion "Population' means the population as ascertained at the last preceding census of which the relevant figures have been published.
(3) Upon the completion of each census, the number, extent and boundaries of the territor-ial constituencies shall be readjusted by such authority and in such manner as the Legislature may be law determine:
Provided that such readjustment shall not affect representation in the Legislative Assemb until the disolution of the then exist-ing Assembly.
48. Notwithstanding anything contained in section 47, until the area of the State under the occuptions of Pakistan ceases to so occupied and the people residing in that area elect their representatives
(a) twenty-five seats in the Legislative Assembly shall remain vacant and shall not be taken into account for reckoning the total member-ship of the Assembly; and the said area shall be excluded in delimiting the territorial Constituencies Under Section 47.
49. (I) There shall be reserved in the Lagislative Assembly for the Scheduled Castes in the State a number of seats which shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the popu-lation of the Scheduled Castes bears to the population of the State.
Explanation: In this sub-section:
(a) "population" has the same meaning as in sub-section (2) of section 47; and
(b) "Scheduled Castes" means the caste, races or tribes or part of, or groups within castes, races or tribes which are for the purposes of the Constitution of India deemed to be Scheduled Casts in relation to the State under the pro-visions of article 341 of that Constitution.
(2) The provisions of sub-section (1) shall cease to have effect on the expiration of a period of five years from the commencement of this Constitution:
Provided that such cesser shall not affect any representation in the Legislative Assembly until the dissolution of the then existing Assembly:
50. (1) The Legislative Council shall consist of thirty six members, chosen in the manner provided in this section.
(2) Eleven members shall be elected by the men hers of the Legislative Assembly from amongst persons who are residents of the Province of Kashmir and are not members of the Legislative Assembly.
(3) Eleven members shall be elected by the mem-bers of the Legislative Assembly from amongst persons who are residents of the Province of Jammu and are not members of the Legislative Assembly.
Provided that of the members so elected, at least one shall be a resident of Doda District and at least one shall be a resident of Poonch District.
(4) One member shall be elected by each of the following electorates, namely
(a) the members of municipal council, town area committees and notified area com-mittees in the Province of Kashmir;
(b) the members of municipal council, town area committees, and notified area committees in the Province of Jammu;
(c) permanent residents who have been for at least three years engaged in teaching in educational institutions recognised by the Government in the Province of Kashmir; and
(d) permanent residents who have been for at least three years engaged in teaching in educational institutions recognised by the Government in the Province of Jammu.
(5) Two members shall be elected by each of the following electorates, namely:
(a) the members of the Panchayats and such other local bodies in the Province of Kashmir as the Sadar-i-Riyasat may by order specify; and
(b) the members of the Panchayats and such other local bodies in the Province of Jammu as the Sadar-i-Riyasat may by order specify.
(6) Six members shall be nominated by the Sadar-i-Riyasat, not more than three of whom shall be person belonging to any of the socially or economically backward classes in the State, and the others shall be persons having special knowledge or practical experi-ence in respect of matters such as literature, science, art, co-operative movement and social service.
(7) Elections under sub-section (2) and (3) shall be held in accordance with the system of pro-portional representation by means of the single transferable vote.
GENERAL PROVISIONS
51. A person shall not be qualified to be chosen to fill a seat in the Legislature unless he:
(a) is a permanent resident of the State;
(b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age, and in the case of a seat in the Legisla-tive Council, not less than thirty years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Legislature.
52. (1) The Legislative Assembly, unless sooner dis-solved, shall continue for five years from the date appointed for its first meeting and not longer, and the expiration of the said period of five years shall operate as a dissolution of the Assembly;
Provided that the said period may, while a Proclamation of Emergency issued under arti-cle 352 of the Constitution of India is in operation, be extended by the State Legislature by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
(2) The Legislative Council shall not be subject to dissolution but as nearly as possible one-third of the members thereof shall retire, as soon as may be, on the expiration of every second year in accordance with the provisions made in that behalf by Legislature by law.
53. (1) The Sadar-i-Riyasat shall from time to time summon each House of the Legislature to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. 
(2) The Sadar-i-Riyasat may from time to time...
(a) prorogue the House or either house (b) dissolve the Legislative Assembly.
54. (1) The Sadar-i-Riyasat may address either House of Legislature, or both Houses assembled together, and may for that purpose require the attendance of members.
(2) The Sadar-i-Riyasat may send messages to either House, whether with respect to a Bill then bending in the Legislature, or otherwise and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.
55. (1) At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Sadar-i-Riyasat shall address both Houses of Legislature assembled together and inform the Legislature of the cause of its summons.
(2) Provision shall be made by the rules regulating the procedure of either House for the allot-ment of time for discussion of the matters reffered to in such address.
56. Every Minister and the Advocate General shall have the right to speak in, and otherwise to take part in the proceedings, of both Houses and to speak in, and otherwise to to take part in the proceedings of, any Committee-of the Legislature of which he may be named a member, but shall not, by virtue of this section, be entitled to vote.
OFFICERS OF THE STATE LEGISLATURE
57. The Legislative Assembly shall, as soon as may be, choose two members of the Assembly to be res-pectively Speaker and Deputy Speaker thereof and, so often at office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker, or Deputy Speaker, as the case may be.
58. A member holding office as Speaker or Deputy Speaker of the Legislative Assembly:
(a) shall vacate his office if he ceases to be a member of the Assembly;
(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolu-tion of the Assembly passed by a majority of all the then members of the Assembly;
Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days notice has been given of the intention to move the resolution.
Provided further that, whenever the Assembly is dissolved, the Speaker that not vacate his office until immediately before the first meeting of the Assembly after the dissolution.
59. (1) While the office of Speaker is vacant the duties of the office shall be performed by the Deputy Speaker or, if the office of the Deputy Speaker is also vacant, by such member of the Assembly as the Sadar-i-Riyasat may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the Assembly the Deputy speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.
60. (1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker shall not, though he is present, preside and the provisions of sub-section (2) of section 59 shall apply inrelation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of the Legislative Assembly while any resolu-tion for his removal from office is under con-sideration in the Assembly and shall, notwith-standing anything in section 67, be entitled to vote only in the first instance on such resolu-tion or on any other matter during such pro-ceedings but not in the case of an equality of votes.
61. (1) The Legislative Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of the Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.
 (2) The provisions of sections 58,59 and 60 shall apply in relation to the Chairman and Deputy Chairman of the Legislative Council with the
substitution of the words "Chairman" and "Council" for the words "Speaker" and "Assembly" respectively wherever they occur in those provisions, and with the omission of the further proviso to section 58.
62. There shall be pay to the speaker and the  the Deputy Speaker of the Legislative Assembly and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by Legislature by law and, until provi-sion in that behalf is so made, such salaries and allowances as are specified in the Third Schedule.
63. (1) Each House of the Legislature shall have a separate secretarial Staff:
Provided that nothing in this sub-section shall be construed as preventing the creation of posts common to both Houses.
(2) The Legislature may by law regulate the re-cruitment, and the conditions of service of persons appointed, to the secretarial staff of each House.
(3) Until provision is made by the Legislature under sub-section (2), the Sadar-i-Riyasat may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the con-ditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions of any law made under the said sub-section.
CONDUCT OF BUSINESS
64. Every member of the Legislative Assembly or the Legislative Council shall before taking his seat, make and sub-scribe before the Sadar-i-Riyasat or some person appointed in that behalf by him an oath or affirmation according to the form set out for the purpose in the Fifth Schedule.
65. Save as otherwise provided by the rules of proce-dure of the House, the quorum to constitute a meeting of the Legislative Assembly and of the Legislative Council shall be twenty and ten re-spectively.
66. A House of the Legislature shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature shall be valid notwithstanding that it is discovered subsequently that some person who was not entitl-ed so to do sat or voted or otherwise took part in the proceedings.
67. (1) Save as otherwise provided in this Constitu-tion, all questions at any sitting of a House of the Legislature shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman, or person acting as such.
(2) The Speaker or Chairman, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.
DISQUALIFICATIONS OF MEMBERS
68. (1) No person shall be a member of both Houses of the Legislature and provision shall be made by Legislature by law for the vacation by a person who is chooser a member of both Houses of his seat in one House or the other.
(2) If a member of a House of the Legislature resigns his seat by writing under his hand addressed to tile Speaker or the Chairman, as the case may be, his s at shall thereupon become vacant.
(3) If for a period of sixty days a member of a House of the Legislature is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall be taken of:
(a) such absence caused by reason beyond his control; or
(b) any period during which the House is prorogued or is adjourned for more than four consecutive days.
69. (1) A person shall be disqualified for being chosen and for being a member of the Legislative Assembly or Legislative Council:
 (a) if he holds any office of profit under the Government of India or the State Govern-ment within the Union of India, other than an office declared by Legislature by law not to dis-qualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a permanent resident of the State or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance to adherence to a foreign State;
(e) if he is so disqualified by or under any law made by the Legislature.
(2) For the purposes of this section, a person shall not be deemed to hold an office of profit under the Government of India, the State Government or any other State Government vithin the Union of India, by reason only that he is a Minister, or a Deputy Minister.
70. (1) If it is represented to the Speaker or the  Chairman that a member of the Legislative Assembly or, as the case may be, of the Legis-lative Council is disqualified for being such a member under the provisions of section 69, or
was so disqualified at any time since being chosen as a member and the member does not admit that he is or was so disqualified, the question shall be referred to the High Court decision and its decision shall be final:
Provided that w here the disqualification in question arises from circumstances which subsisted at the time of his being chosen as such member, no such representation as aforesaid shall be entertained:
(a) unless it is made after the expiration of the period by law for presenting an elec-tion petition calling in question the election of the member; and
(b) if such an election petition is pending or has been tried, unless the Speaker or Chairman as the case may be is satisfied that the question of the members' disquali-fication by reason of those circumstances has not been raised or, as the case may be, was not raised, in the proceedings on the election petition.
(2) Where on a representation made under sub-section (I) the member admits that he is or w. s disqualified under the provisions of section 69, or where on a reference made under that sub-section the High Court decides that the member is or was so disqualified, his seat shall thereupon become vacant.
71. If a person sits or votes as a member of the Legislative Assembly or the Legislative Council before he has complied with the requirements of section 54 or when he knows that he is not quali-fied or that he is disqualified for membership thereof or that he is prohibited from so doing by the provisions of any law made by the Legislature, he shall be liable in respect of each day on which he so sits or votes to a penalty of one hundred rupees to be recovered as a debt due to the State.
POWERS, PRIVILEGES AND IMMUNITIES OF THE STATE LEGISLATURE AND ITS MEMBERS
72. (1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature.
(2) No member of the Legislature shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof and no person shall be so liable in respect of the publication by or under the authority of a House of the Legislature of any report, paper, votes, or proceedings.
(3) In other respects, the powers, privileges and immunities of a House of the Legislature and- of the members and the committees of a House of the Legislature shall be such as may from time to time be defined by Legislature by law, and until so defined shall be those of the Parliament of India and of its members and committees.
(4) The provisions of sub-sections (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right t o speak, in and otherwise to take part in the proceedings of, a House of the Legislature or any committee thereof as they apply in relation to members of that Legislature.
73. Members of the Legislative Assembly and the Legislative Council shall be entitled to receive such salaries and allowances as may from time to time be determined by Legislature by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly.
LEGISLATIVE PROCEDURE
74. (1) Subject to the provisions of sections 76 and 84 with respect to Money Bills and other Finan-cial Bills, a Bill may originate in either House of the Legislature.
(2) Subject to the provisions of sections 75 and 76 a Bill shall not be deemed to have been passed by the Legislature unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.
(3) A Bill pending in the Legislature shall not lapse by reason of the prorogation of the House or House thereof.
(4) A Bill pending in the Legislative Council which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly.
(5) A Bill which is pending in the Legislative Assembly or which having been passed by the Legislative Assembly, is pending in the Legi-slative Council, shall lapse on a dissolution of the Assembly
75. (1) If after a Bill has been passed by the Legisla-tive Assembly and transmitted to the Legisla-tive Council:
(a) the Bill is rejected by the Council; or
(b) more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or
(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree; the Legisl-ative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subse-quent session with or without such amendments, if any, as have been made suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council.
(2) If after a Bill has been so palmed for the se-cond time by the legislative Assembly and transmitted to the Legislative Council:
(a) the Bill is rejected by the Council; or
(b) more shall one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or 
(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree;
the Bill shall be deemed to have been passed by the Houses of the Legislature in the form in which it passed by the Legislative Assembly for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly.
(3) Nothing in this section shall apply to a Money Bill.
76. (1) A Money Bill shall not be introduced in the Legislative Council.
(2) After a Money Bill has been passed by the Legislative Assembly, it shall be transmitted to the Legislative Council for its recommenda-tions and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legis-lative Assembly with its recommendations, and the Legislative Assemble may there upon either accept or reject all or any of the recom-mendations of the Legislative Council.
(3) If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bil] shall deemed to have been passed by both Houses with the amend-ments recommended by the Legislative Coun-cil and accepted by the Legislative Assembly.
(4) If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council.
5. If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly.
77. (1) For the purposes of the part, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters namely:
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations under-taken or to be undertaken by the State;
(c) the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of money into or the with-drawal of moneys from any such Fund:
(d) the appropriation of moneys out of the Consolidated Fund of the State;
(e) the declaring of any expenditure to be expenditure charges on the consolidated Fund of the State, or the increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of the State or the public account of the State or the custody or issue of such money; or any matter incidental to any of the matters specified in clauses (a) to (f).
(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties or for the demand or payment of fees for lice-nces or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
(3) If any question arises whether a Bill introduced in the Legislature is a Money Bill or not, the decision of the Speaker of the Legislative Assembly thereon shall be final.
(4) There shall be endorsed an every Money Bill when it is transmitted to the Legislative Council under section 76 and when it is pre-sented to the Sadar-i-Riyasat for assent under section 78, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.
78. When a Bill has been passed by both Houses of the Legislature, it shall be presented to the Sadar--i-Riyasat and the Sadar-i-Riyasat shall declare either that he assents to the Bill or that he with-holds assent therefrom.
Provided that the Sadar-i-Riyasat may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desira-bility of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the Sadar-i-Riyasat for assent, the Sadar-i-Riyasat shall not withhold assent therefrom.
PROCEDURE IN FINANCIAL MATTERS
79. (1) The Sadar-i-Riyasat shall in respect of every financial year cause to be laid before both Houses of the Legislature a statement of the estimated receipts and expenditure of the State for that year, in this part referred to as the "annual financial statement." (2) The estimates of expenditure embodied in the annual financial statement shall show separately
(a) the sums required to meet expenditure described by this constitution as expendi-ture charged upon the Consolidated Fund of the State; and
(b) the sums required to meet other expendi-ture proposed to be made from the con-solidated Fund of the State; and shall distinguish expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the consolidated fund of the State:
(a) the emoluments and allowances of the Sadar-i-Riyasat and other expenditure relating to his office;
(b) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and of the Chairman and the Deputy Chairman of the Legislative Council;
(c) debt charges for which the State is liable including interest, sinking fund charges and redemption charges. and other expenditure relating to the raising of loans and the service and redemption of debt;
(d) expenditure in respect of the salaries and allowances of the Judges of the High Court;
(e) any sums required to satisfy any judge-ment decree or award of any Court or arbitral tribunal;
(f) any other expenditure declared by this Constitution, or by Legislature by law, to be so charged.
80. (1,) So much of the estimates as relates to expen-diture changed upon the Consolidated Fund of the State shall not be submitted to the vote of the Legislative Assembly, but nothing in this sub-section shall be construed as preven-ting the discussion in the Legislature of any those estimates.
(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the Sadar-i--Riyasat.
(1) As soon as may be after the grants under section 80 have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated fund of the State of all moneys required to meet:
(a) the grants so made by the Assembly; and (b) the expenditure charged on the Consoli-dated Fund of the State but not exceed-ing in any case the amount shown in the statement previously laid before the Houses.
(23 No amendment shall be proposed to any such Bill in either House of the Legislature which will have the effect of varying the amount or altering the destination of any grant to made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to whether an amendment is inadmissible under the sub-section shall be final.
(3) Subject to the provisions of sections 89 and 83, no money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accor-dance with the provisions of this section
12. (1) The Sadar-i-Riyasat shall:
(a) if the amount authorised by any law made in accordance with provisions of section 81 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplemen-tary or additional expenditure upon some new service not contemplated in the annual financial statement for that year; or
(b) if any money has been spent on any ser-vice during a financial year in excess of the amount granted for the service and for that year, cause to be laid before the Houses of the Legislature another statement showing the estimated amount of that expenditure or cause to be presented to the Legis-lative Assembly a demand for such excess, as the case may be.
(2) The provisions of sections 79, 80 and 81 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial state-ment and the expenditure mentioned therein or to a demand for grant and the law to be 'made for the authorization of appropriation of moneys out of the Consolidated Fund of the state to meet such expenditure or grant.
83. (1) Notwithstanding anything in the foregoing provisions of this Part, the Legislative Assem-bly shall have power:
(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in section 80 for the voting of such grant and the pas-sing of the law in accordance with the provisions of section 81 in relation to that expenditure;
(b) to make a grant for meeting an unexpec-ted demand upon the resources of the State when on account of the magnitude or the indefinite character of the services the demand cannot be stated with the details ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the current service of any financial year;
and the Legislature shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of the State for the purposes for which the said grants are made.
(2) The provisions of sections 80 and 81 shall have effect in relation to the making of any grant under sub-section (1) and to law to be made under that sub-section as they have effect in relation to the making of a grant with regard to any expenditure mentioned h1 the annual financial statement and the law to be made for the authorization of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure.
84. (1) A bill or amendment making provision for any of the matters specified in clauses (a) to (f) of sub-section (1) of section 77 shall not be introduced or moved except on the recom-mendation of the Sadar-i-Riyasat, and a Bill making such provision shall not be introdu-ced in the Legislative Council:
Provided that no recommendation shall be required under this sub-section for the moving of an amendment making provision for the reduction or abolition of any tax.
(2) A Bill or amendment shall not be deemed to make provision for any of the matters afore-said by reason only that it provides for the. imposition of fines or other pecuniary penal-ties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation. would involve expenditure from the Consolidated Fund of the State shall not be passed by a House of the Legislature unless the Sadar-i-Riyasat has recommended to that House the consideration of the Bill.
PROCEDURE GENERALLY
85. (1) A House of the Legislature may make rules for regulating, subject to the provisions of this Constitution, its procedure and the con-duct of its business.
(2) Until rules are made under sub-section (1), the rules of procedure and standing orders in force immediately before the commencement of this Constituent Assembly while discharging the functions of the Legislative Assembly shall have effect in relation to each House of the Legislature subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be.
(3) The Sadar-i-Riyasat, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make- rules as to the procedure with respect to communications between the two Houses.
86. The Legislature may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in. the House of the Legislature in relation to any financial matter or to any Bill for the appropria-tion of moneys out of the Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with any rule made by either House of the Legislature under sub-section (I) of section 85 or with any rule of standing order having effect in relation to either House of the Legislature under sub-section (2) of that section such provisions shall prevail.
87. Business in the Legislature shall be transacted in Urdu or in English.
(1) Provided that the Speaker of the Legislative Assembly or the Chairman of the Legislative Council or person acting as such, as the case may be, may permit any member to address the House in Hindi, or if he cannot adequa-tely express himself in any of the aforesaid languages, to address the House in his mother-tongue.
(2) The official records of the proceedings in the Legislature shall be kept in Urdu as well as in English.
(3) The text of all Bills and amendments there of moved in and of all Acts passed by the Legis-lature which shall be treated as authoritative, shall be in English.
88. No discussion shall take place in the Legislature with respect to the conduct of any Judge of the Supreme Court or of the High Court in the discharge of his duties.
89. (1) The validity of any proceedings in the Legis-lature shall not be called in question -on the gro-unds of any alleged irregularity of procedure.
 (2) No officer or member of the Legislature in  whom powers are vested by or under this Constitution for regulating procedure or the conduct of Business, or for maintaining order, in the Legislature shall be subject to the juris-diction of any court in respect of the exercise by him of those powers.
90. No Act of the Legislature and no provision in any such Act shall be invalid by reason only that some recommendation required by this Constitution was not given, if assent to that Act was given by the Sadar-i-Riyasat.
Legislative power of the Sadar-i-Riyasat:
91. (1) If at any time, except when both Houses of the Legislature are in session, the Sadar-i-Riyasat is satisfied that circumstances exist which render it necessary for him to take immediate action; he may promulgate such Ordinances as the circums-tances appear to him to require.
Provided that the power of making Ordinance under this Section shall extend only to those matters with respect to which the Legislature has power to make laws.
(2) An Ordinance promulgated under this section shall have the same force and effect as an Act of the Legislature assented to by the Sadar-i-Riyasat, but every such Ordinance:
(a) shall be laid before both the Houses of the Legislature, and shall cease to operate at the expiration of six weeks from the re-assembly of the Legislature, or if be-fore tile expiration of that period a reso-lution disapproving it is passed by the Legislative Assembly and agreed to by Legislative Council, upon the resolution being agreed to by the Legislative Coun-cil, and -
(b) may be withdrawn at any time by the Sadar-i-Riyasat.
Explanation: -  Where the Houses of the Legislature are summoned to re-assemble on different dates the period of six weeks shall be reckoned from the latter of those dates for the purposes of this sub-section.
Breakdown of Constitutional Machinery.
92. (1) If at any time the Sadar-i-Riyasat is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the Sadar-i-Riyasat may by Proclamation:
(a) assume to himself all or any of the func-tions of the Government of the State and all or any of the powers vested in or excercisable by anybody or authority in the State;
(b) make such incidental and consequential provisions as appear to the Sadar-i--Riyasat to be necessary or desirable for giving effect to the objects of the Procla-mation, including provisions for suspen-ding in whole or in part the operation of any provision of this Constitution rela-ting to any body or authority in the State:
Provided that nothing in this section shall authorised die Sadar-i-Riyasat to assume to himself any of the powers vested in or exer-cisable by the High Court or to suspend in whole or in part the operation of any provi-sion of this Constitution relating to the High Court.
(2) Any such Proclamation may be revoked or carried by a subsequent Proclamation.
(3) Any such Proclamation whether varied under sub-section (2) or not, shall, except where it is a Proclamation revoking a previous Proclama-tion, cease to operate on the expiration of six months from the date on which it divas first Issued.
(4) If the Sadar-i-Riyasat by a Proclamation under this section assumes to himself any of the powers of the legislature to make laws, any law made by him in the exercise of that power shall, subject to the terms thereof, continue to have effect until two years have elapsed from the date on which the Proclamation ceases to have effect, unless sooner repealed or re-enacted by an Act of the Legislature, and any reference in this Constitution to any Acts of or laws made by the Legislature shall be construed as including a reference to such law. No Proclamation under sub-section (1) shall be issued except with the concurrence of the President of India.
(6) Every Proclamation under this section shall, except where it is a Proclamation revoking a previous Proclamation, be laid before each house of the Legisiature as soon as it is convened.
 

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(mritunjay, 2010-12-03 19:40)

please sir add the part-1 of jk constitution......its not there