Review 1996-2001

Review 1996-2001

FOR SECRETARIAT USE ONLY TAMIL NADU LEGISLATIVE ASSEMBLY (ELEVENTH ASSEMBLY) REVIEW 1996-2001 2005 Legislative Assembly Secretariat Chennai-600 009 Tamil Nadu Legislative Assembly (Eleventh Assembly) REVIEW 1996-2001 PREFACE The review contains a complete and comprehensive, albeit in a condensed form, narration of work turned out by the Eleventh Tamil Nadu Legislative Assembly. It also contains a lot of general information about the origin of the State legislature, the Assembly Chamber, Members, etc. The previous Reviews in this series brought out in 1957, 1962,1967,1971, 1977, 1980,1985,1988 and 1991 proved to be valuable books of reference. The very object of this Review is mainly to give a complete and concise summary of business transacted by the Eleventh Tamil Nadu Legislative Assembly from 22nd May 1996 to 2nd February 2001. This Review also covers a brief account of work done by the various Legislature Committees, the activities of the Tamil Nadu Branch of Commonwealth Parliamentary Association and a short Administrative Report of the Legislative Assembly Secretariat, references to the Rules of Procedure are also given at the beginning of each chapter, wherever necessary. A few photographs taken on important occasions such as Governor’s Address, Presentation of Budget, Platinum Jubilee Celebration of Tamil Nadu Legislature and Diamond Jubilee Celebration of Tamil Nadu Legislative Assembly have also been included. This publication, it is hoped, will be found useful as a book of reference to the Secretariat and of interest to all those desirous of knowing the work turned out by the Eleventh Assembly. Any suggestion to make this publication more useful will be thankfully received and incorporated in the next Review. Secretariat, V. RAJARAMAN, Chennai-600 009. Secretary. iii CONTENTS Chapter Pages I The State Legislature—Origin and Evolution 1 II Tamil Nadu State and Tamil Nadu Legislative Assembly 9 III General Elections, 1996 and Bye-Elections 12 IV The Governor and the Cabinet 22 V Legislative Assembly— 35 (A) Chamber of the House and Galleries 35 (B) Repairing of the Ceiling of the Assembly 35 (C) Aluminium partition and tile flooring of officers room 35 (D) Smoke detection facilities in the Legislature Library 36 (E) Construction of new Legislator’s Complex at Government Estate 36 (F) Portraits in the Assembly Chamber 36 (G) Construction of Office Building for Members of the Tamil Nadu Legislative Assembly in their Constituencies 37 (H) Press Gallery and Press Advisory Committee 37 (I) Sessions and Sittings 38 (J) Oath or Affirmation by Members 39 (K) Arrangement of Business 41 (1) Government Business 42 (2) Private Member’s Business 42 VI Presiding Officers 43 VII Leader of the House, Leader of Opposition and Chief Government Whip 47 VIII Leave of Absence for Members 49 iv v Chapter Pages Chapter Pages IX Governor’s Address 50 XXI Matter under Rule 113 of the Tamil Nadu Legislative X Rules of Procedure of the Tamil Nadu Legislative Assembly Rules 69 Assembly 52 XXII Statement under Rule 212 of the Tamil Nadu XI Questions— 54 Legislative Assembly Rules 70 (1) General XXIII Petitions to the Assembly 71 (2) Progress of Questions during the period from XXIV Legislation—Bills and Ordinances 72 1996—2001 57 XXV Financial Business 88 (3) Correction Statements made by Ministers under XXVI Motions and Resolutions— 92 Rule 111 of the Tamil Nadu Legislative Assembly (A) Government Resolutions 92 Rules 57 (B) Government Motions 101 (4) Restriction on Discussion 57 (C) Private Member’s Resolutions 106 (5) Half-an-hour discussion 58 (D) Condolence Resolutions and Obituary References 107 XII Call Attention notices on matters of urgent Public Importance (Rule 55) 59 XXVII Privileges— 108 XIII Motion for Adjournment of Business of the House to (A) Matters of Privilege referred to the Committee discuss a definite matter of Public Importance (Rule 56) 60 of Privileges for which Reports were presented to the House 111 XIV Motions for “Want of Confidence” in the Ministry, Motions “Expressing Confidence” in the Ministry (B) Commitment to Jail for breach of Privilege and and Motions of disapproval of the Policy of the Ministry 61 contempt of the House 114 XV Statement by a Minister who has resigned (Rule 73) 62 XXVIII The Anti-Defection Act, 1985 and the Rules made thereunder 116 XVI Discussion for short duration on urgent matter of Administration 63 XXIX Naming and withdrawal of Members 119 XVII No-Day-Yet-Named Motions (Rules 78-85) 64 XXX Suspension of Members 122 XVIII Personal Explanation (Rule 109) 65 XXXI Committees of the House— 123 XIX Statement by Ministers on matters of Public (1) Committee on Estimates 123 Importance (Rule 110) 66 (2) Committee on Public Accounts 130 XX Statement by Minister under Rule 111 of the (3) Committee on Public Undertakings 205 Tamil Nadu Legislative Assembly Rules 67 (4) Business Advisory Committee 254 (5) Committee on Rules 255 vi vii Chapter Pages Chapter Pages (6) Committee of Privileges 255 (3) Medical Facilities to Members of Legislative Assembly 343 (7) Committee on Delegated Legislation 256 (4) Family allowances and Lumpsum allowance to the family of deceased Members of Legislative Assembly 344 (8) Committee on Government Assurances 264 (5) Travelling Allowance and Daily Allowance 344 (9) House Committee 269 (6) Bus Passes and Transit by Railway Allowance to (10) Committee on Petitions 269 members of the Legislative Assembly 345 (11) Library Committee 275 (7) Reimbursement of Telephone Installation Charges 346 (12) Committee on Papers laid on the Table of the House 276 (8) Pension to former Members of Legislature 348 XXXII Papers laid on the Table of the House 286 XL Tamil Nadu Legislature Library XXXIII Announcements by the Speaker 296 (1) Legislature Library 355 XXXIV Felicitations 303 (2) Services to Members 359 XXXV Disclosure of assets of Members of the Legislature 305 XLI Commenwealth Parliamentary Association 362 XXXVI Divisions 307 XLII Visits 365 XXXVII Official Report of the Proceedings of the Assembly 308 Section II 413 XXXVIII Election by Members— Tables 415 (1) Presidential Elections 326 (2) Indirect Election to the Council of States 326 (3) Election to the Statutory Bodies 328 XXXIX Legislative Assembly Secretariat 336 (1) General 336 (2) Accounts— 340 (i) Details of expenditure incurred on Salary and allowances of Officers and Staff of the Legislative Assembly Secretariat 340 (ii) Speaker and Deputy Speaker 340 (iii) Functionary of the House 342 (iv) Salary and Allowances to Members 343 REVIEW OF THE WORK TRANSACTED BY THE ELEVENTH TAMIL NADU LEGISLATIVE ASSEMBLY 1996-2001 CHAPTER I THE STATE LEGISLATURE-ORIGIN AND EVOLUTION 1. BRIEF HISTORY BEFORE INDEPENDENCE The present Tamil Nadu is the residuary part of the then erstwhile Madras Presidency. The said Presidency comprised of the present Tamil Nadu, some parts of the present States of Orissa, Kerala, Karnataka and present Andhra Pradesh excluding the former native State of Nizam. Besides Madras Presidency, there were two other Presidencies, viz., Presidency of Bombay and Presidency of Calcutta. Each of the presidency was in charge of a Governor. To start with, the presidencies were Independent of each other, but the Regulating Act, 1773 termed the Governor of Bengal as Governor General of Bengal and made him the supreme head of all the Presidencies. At the same time, the legislative power in the Presidencies was also recognised. This state of thing, was however, discontinued by the Charter Act of 1833 which concentrated all the legislative power in the Governor-General in-Council and deprived the local Governments (Presidencies) of their power of the Independent Legislation. The Indian Councils Act of 1861 restored the Legislative Power taken away by the Charter Act of 1833. The Legislature of the Madras Presidency was given the power to make laws for the “peace and good Government”. The Provincial Legislative Council was constituted by the addition to the Governor’s Executive Council of 4 to 8 ad hoc members of whom at least half were to be non-officials nominated by the Governor for a period of two years and the Advocate-General. The Provincial Legislative Council could not interfere with the laws passed by the Central Legislature. All Bills passed by Provincial Councils required the assent of the Governor General and even after that, they could be disallowed by the queen to whom they had to be referred. The Indian Councils Act of 1909 enlarged the Legislative Council of the province from 20 to 50. The Legislative Council for the first time, was elected by an indirect election resulting in non-official majority in the House for the first time. 2 3 The first conscious advance in the direction of Responsible Government Although the Government of India Act was passed in 1935, only that part was the reform of 1919 known as Montague/Chemsford Reforms. relating to the Provinces came into operation in 1937. The Congress Party in The Madras Legislative Council was set up in 1921 under the Government the Legislature formed the Government in July 1937. The Ministry, however, of India Act, 1919. The Term of the Council was for a period of three years. It resigned in October 1939 due to the proclamation of emergency on account of consisted of 132 Members of which 34 were nominated by the Governor and World War II and the Legislature ceased to function. After the war was over, the rest were elected. It met for the first time on the 9th January 1921 at Fort St. General Elections were held in March 1946 under the Government of India George, Madras. The Council was inaugurated by the Duke of Cannaught, a Act, 1935. The first Session of the Second Legislative Assembly under the paternal uncle of the King of England, on the 12th January 1921 on the request Government of India Act, 1935 constituted in 1946, met on the 24th May 1946.

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