TWELFTH GUJARAT LEGISLATIVE ASSEMBLY

1st  SESSION 

The First Session commenced on Friday, the 18th January, 2008 and adjourned sine die by the Speaker on the same day . The House remained adjourned from 19^th January 2008 to 24^th february 2008. On 25^th February 2008, the House reassembled for presentation and passing Budget for the state. The session concluded on 26^th March,2008 after passing the appropriation bill and financial bills. Later on Governor of Gujarat prorogued the session of the Assembly on 31^st March, 2008. In all House sat for 27 sittings and transacted its business for 111 hours and 41 Minutes.

2.          Speaker  Pro-Tem and Oath taking :

          The Governor appointed Shri Dolatrai N Desai, a senior member of the Gujarat Legislative Assembly to administer the oath or affirmation to the elected members and also to act as Speaker till the new Speaker is elected by the House. Shri Dolatrai N. Desai took oath before the Governor at Raj Bhavan in the morning and, thereafter, 179 members took oath or affirmation before Shri Desai in the House on 17^th and 18^th January, 2008. 

3.          Election  of  Speaker :

          On the first day of the session i.e. the 18^th January, 2008 Shri Ashok Bhatt, a member of the House since 1975 was chosen as Speaker unanimously. The motion for his election was moved by the parliamentary affairs Minister and seconded by the Leader of the Opposition. Shri Ashok Bhatt, on being elected as Speaker, led to the chair by the Chief Minister and the Leader of the opposition. Thereafter, the Leader of the House, the Leader of the Opposition, Parliamentary Affair's Minister and some other Prominent members congratulated Shri Bhatt and  made customary speeches expressing their whole hearted support in his new assignment. Shri Ashok Bhatt also expressed his gratitude towards the members of the House for electing him as  Speaker unanimously  and also expressed his firm resolve to discharge his duties impartially seeking the co-operation of all members of the House in upholding the highest parliamentary traditions and values.         

4.          Governor's Address:

The Session, being the first Session, after general elections, His Excellency, the Governor, Shri Nawal Kishore Sharma addressed the Assembly at 11.00 A.M. on 18^th January, 2008.    

     A Motion for vote of thanks for the Governor's Address was moved on the same day by Shri Aatmaram Parmar, a member of the Gujarat Legislative Assembly and  seconded by another member Dr. Neemaben Acharaya. The motion was discussed in three sittings on 26^th and 27^th February 2008. In all 34 notices of amendments to the motion were received out of which 18 notices of amendments were admitted and rest 16 were disallowed.

Out of these 18 amendments, 13 amendments were moved in the House & remaining 5 amendments could not be moved due to absence of the members in charge of the amendments. In all, 58 members participated in the debate. At the end of discussion, the motion of thanks was passed by the House on 27^th February, 2008 in its original form, rejecting all the amendments tabled thereto.

5.         Government Bills  :

          During the session,  14 Government Bills were passed by the House and the one Government Bill i.e. Freedom of Religion (Amendment) bill which was returned by Governor for reconsideration, was withdrawn by the Minister in charge of bill . following  bills ware passed by the House during the session

6        Papers laid on the Table of the House :

During the Session, the following papers were laid on the Table of the House :

(1)     The Gujarat Ordinance No.2 of 2007 The Gujarat Co. Operative Societies  (Amendment) ordinance,2007 along with  a statement explaining reasons for promulgation of the ordinance.  

(2)     53 Reports of various statutory Boards/Corporations under the State Government.

          (3)          61 notifications issued by the State Government. 

          (4)          Financial Accounts of the Government of Gujarat for the year                          2006-2007.

          (5)          Appropriation Accounts of the Government of Gujarat for the                        year 2006-2007.

          (6)          Audit Reports of the Comptroller and Auditor General of India                     for the year 2006-2007 (Civil and           Commercial).

(7)     Audit Report of the Comptroller and Auditor General of India  for the year 2005-2006. (Revenue Income)

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 FIRST SESSION

 Discussion and Voting on the Supplementary Demands:-

 While discussing the Demands pertaining to Boards/Corporations,  the administration of such Boards/Corporations can be discussed.

           During the discussion on Supplementary Demands pertaining to the Department of Transport in the First Session of the 12th Assembly, the Hon'ble Leader of Opposition made some observations with regard to the working of the State Road Transport Corporation.  At that stage, the Hon'ble Finance Minister raised a point of order and objected to the observations made by the Hon'ble Leader of Opposition, by stating that the State Road Transport Corporation is an independent, autonomous statutory Corporation and its day-to-day administration could not be discussed on the floor of the House.  

          The Hon'ble Speaker, while overruling the objections raised by the Finance Minister, ruled that the supplementary demands brought before the House was pertaining to the allocation of funds to the Corporation.  Therefore, the Legislature has every right to discuss the working of such Boards/Corporations.  Though they are autonomous in their day-today administration, yet restrictions could also be imposed on such kind of autonomy whenever the need arises.  Only limitation put by the rules of procedure is relating to asking of questions on their day-to-day administration.  However, there is no restriction on discussion on any other matters relating to the working of the Boards/Corporations.  Under the constitution, the power to accord sanction to the allocation of funds rests with the Legislature and, therefore, the Legislature has the absolute powers to criticize and control the affairs of such Boards/Corporations while according sanction to the allocation of funds.

TWELFTH GUJARAT LEGISLATIVE ASSEMBLY

SECOND  SESSION

25^th September 2008 to 29^th September 2008

1.                The Session commenced on Thursday, the 25^th September 2008, and adjourned Sine Die on 29^th September 2008 with the playing of the tune of National Song as usual. Later on the Governor of Gujarat prorogued the session of the Assembly on 29^thSeptember 2008. The House sat for 3 sittings and transacted business for 19 hours and 29 minutes.

2.           Government Bills  :

The following 6 Government Bills were passed by the House during the session.

(1)     The Gujarat Maritime Board (Amendment)  Bill, 2008

(2)     The Gujarat Metropolitan  planning committees  Bill, 2008.

     (3)          The Gujarat Homoeopathic (Amendment) Bill, 2008.

(4)     The Gujarat Forensic Sciences, University   Bill, 2008.

(5)     The Bombay Land Revenue (Gujarat Amendment) Bill, 2008.

(6)     The Gujarat Cotton Seeds (Regulation of Supply, Distribution, Sale & Fixation of Sale Price) Bill 2008

3.          Papers laid on the Table of the House :

During the Session, the following papers were laid on the Table of the House :

1.    The Gujarat Ordinance No. 1 of 2008 The Gujarat Cotton Seeds Regulation of Supply Distribution Sale and fixation of Sale Price Ordinance, 2008 along with a statement explaining the reasons for Promulgation of Ordinance.

2.    36  Reports of various statutory Boards/Corporations under the State Government.

3.    45  Notifications issued by the State Government. 

4.    Audit Report of the Comptroller and Auditor General of India for the year 2006-2007 (Revenue Income)

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SECOND SESSION

Government Resolutions

Point of Order

The rule of Subjudice cannot be applied to the Legislative Procedure  and to the discussion on the matters of public interest of the State.

          During the Second Session, when the Minister of State for Home Shri Amit Shah rose to move a Govt. Resolution urging the Central Government to obtain the assent of H.E. the President to the GujCOC Bill, which was reconsidered and passed by the Legislative Assembly in 2004, an Opposition Member had objected the admissibility of the Resolution by quoting the rules relating to the prohibition of discussion on sub-judice matters.  The Opposition member had also, by quoting the past rulings from the Chair and also referring to the "Practice and Procedure in Parliament" by Kaul and Shakdher - page No.1066, submitted that the subject matter of the Resolution was pending before the High Court and, therefore, the House could not undertake a discussion on a sub-judice matter.

          The Hon'ble Speaker, after gathering information from all the corners of the House and going through the Practice and Procedure of Parliament, House of Commons, recommendations of the Page Committee and also the written opinion of the Lok Sabha, gave the following ruling:

          "The Rule of Subjidice is of voluntary application to the Legislature.   It is the absolute privilege of the Legislature to discuss and deliberate upon all matters pertaining to the governance of the State and its people.  Freedom of speech on the floor of the House is the essence of parliamentary democracy.  Certain restrictions on this freedom have, to a limited degree, been self-imposed.  While applying the restrictions, care has to be taken to see that the primary right of the Legislature is not unduly impaired to the prejudice of the Legislature.  Moreover, the rule of subjudice is qualified by the right of the House to legislate on any matter.  As per the recommendation of Page Committee, "a matter does not become sub-judice if a writ petition on the matter is pending before a Court for admission".  Moreover, it was also recommended by the Committee that a matter is not subjudice until the legal proceedings are started.  The question whether a particular matter is subjudice or not is to be decided by the Speaker on the merit of each such case.

          In view of the above theoretical aspect of the matter, since the writ petition pending before the High Court is at the admission stage, the rule of subjudice would not be applicable in admitting the government resolution in the House.  Moreover, the government resolution is in the nature of a collective will of the Assembly to impress upon the Central Government to translate the legislative will of the Gujarat Legislative Assembly into Legislative enactment by obtaining the assent of H.E. the President to the GujCOC Bill.  The resolution, therefore, is nothing but a continued effort and expression of the will of the Gujarat Legislature in the filed of legislation which began with the introduction of GujCOC Bill in the Assembly.  Therefore, even if the matter were subjudice, the rule of subjudice would not have been applicable in admitting the resolution. 

THIRD SESSION

17^th February 2009 to 27^th February 2009

1.        Information for the website on  " Legislative Bodies in India

                 The Session commenced on Tuesday, the 17^th February 2009, and adjourned Sine Die on 27^th February 2009 with the playing of the tune of National Song as usual. Later on the Governor of Gujarat prorogued the session of the Assembly on 27^th February 2009. The House sat for  9 sittings and transacted business for   32  hours and 41 minutes.

2.         Government Bills  :

                   The following 5 Government Bills were passed by the House during the session.

            (1)           The Gujarat Special Investment Region Bill, 2009.        

          (2)           The Bombay Tenancy and Agricultural Lands (Gujarat Amendment)  Bill,   2009

          (3)           The Gujarat  Educational Innovations Commission Bill, 2009

          (4)           The Gujarat (Supplementary) Appropriation  Bill, 2009

          (5)           The Gujarat Appropriation (Vote On Account) Bill, 2009

 3.        Papers laid on the Table of the House :

 During the Session, the following papers were laid on the Table of the House :

 1.    The Gujarat Ordinance No. 1 of 2009 The Gujarat Special Investment Region Ordinance, 2009 along with a statement explaining the reasons for Promulgation of Ordinance.

2.    44  Reports of various statutory Boards/Corporations under the State Government.

3.    60  Notifications issued by the State Government.   

FOURTH SESSION

29th June 2009 to 29th July 2009

            Information for the website on " Legislative Bodies in India "  

    The Session commenced on Monday, the 29^th June 2009, and adjourned Sine Die on 29^th July 2009 with the playing of the tune of National Song as usual. Later on, the Governor of Gujarat prorogued the session of the Assembly on 29^th July 2009. The House sat for 24 sittings and transacted business for 95 hours and 23 minutes.

         2.     Government Bills  :

          The following 14 Government Bills were passed by the House during the session.

 1.  The Nirma University of Science and Technology (Amendment)  Bill, 2009.

2.  The Sardar Patel University (Amendment) Bill, 2009.

3.  The Gujarat Repealing Bill, 2009.

4.   The Gujarat Private Universities Bill, 2009.

5.   The Kamdhenu University Bill, 2009

6.   The Gujarat Fiscal Responsibility (Amendment) Bill, 2009.

7.   The Bombay Prohibition (Gujarat Amendment) Bill, 2009.

8.   The Gujarat Prohibition of Transfer of Immovable Property and

       Provision for protection of Tenants from Eviction from Premises

       In Disturbed Areas (Amendment) Bill, 2009.

 9.   The Raksha Shakti University Bill, 2009.

10.  The Gujarat Entertainments Tax (Amendment) Bill, 2009.

11.  The Gujarat Value Added Tax (Amendment) Bill, 2009.

12.  The Children's University Bill, 2009.

13.  The Gujarat Appropriation Bill, 2009.

* 14.   The Gujarat Control of Terrorism and Organised Crime Bill,   2003

 *     The  Gujarat  Control  of  Terrorism  and Organised  Crime  Bill, 2003 was

        reconsidered  for  the  second time as  per   the  recommendation  of   the 

        President   of    India . The   bill    was     again    passed     with    certain

        amendments  but  without  adopting  the  amendments suggested by the 

        President of India

3.     Private Member's Business  :

           During the Session, two Private Member's Bill were introduced in the House. Eight private members Bills were available for consideration, out of which four Bills were taken up for discussion in the House

    4.     Papers laid on the Table of the House :

     During the Session, the following papers were laid on the Table of the House :

(1)     31 Reports of various statutory Boards/Corporations under the State Government.

        (2)     32 notifications issued by the State Government. 

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