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bdconstitution.peperonity.net

THE LEGISLATURE P3

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THE LEGISLATURE

(3) While the office of the Speaker is vacant or the Speaker is 48[acting as] President, or if it is determined by Parliament that the Speaker is otherwise unable to perform the functions of his office, those functions shall be performed by the Deputy Speaker or, if the office of the Deputy Speaker is vacant, by such member of Parliament as may be determined by or under the rules of procedure of Parliament; and during the absence of the Speaker from any sitting of Parliament the Deputy Speaker or, if he also is absent, such person as may be determined by or under the rules of procedure, shall act as Speaker.
(4) At any sitting of Parliament, while a 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 form his office is under consideration, the Deputy Speaker) shall not preside, and the provisions of clause (3) shall apply in relation 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.
(5) The Speaker or the Deputy Speaker, as the case may be, shall have the right to speak in, and otherwise to take part in, the proceedings of Parliament while any resolution for his removal from office is under consideration in Parliament, and shall be entitled to vote but only as a member.
(6) Notwithstanding the provisions of clause (2) the Speaker or, as the case may be, the deputy speaker, shall be demeed to continue to hold office until his successor has entered upon office.

75.Rules of procedure, quorum, etc.
(1) Subject to this Constitution-
(a) the procedure of Parliament shall be regulated by rules of procedure made by it, and until such rules are made shall be regulated by rules of procedure made by the President;
(b) a decision in Parliament shall be taken by a majority of the votes of the members present and voting, but the person presiding shall not vote except when there is an equality of votes, in which case he shall exercise a casting vote;
(c) no proceeding in Parliament shall be invalid by reason only that there is a vacancy in the membership thereof or that a person who was not entitled to do so was present at, or voted or otherwise participated in, the proceeding.
(2) If at any time during which Parliament is in session the attention of the person presiding is drawn to the fact that the number of members present is less than sixty, he shall either suspend the meeting until at least sixty members are present, or adjourn it.

76.Stading committees of Parliament
(1) 49 * * Parliament shall appoint from among its members the following standing committees, that is to say-
(a)a public accounts committee;
(b) committee of privileges; and
(c) such other standing committees as the rules of procedure of Parliament require.
(2) In addition to the committees referred to in clause (1), Parliament shall appoint other standing committees, and a committee so appointed may, subject to his Constitution and to any other law-

(a) examine draft Bills and other legislative proposals;
(b) review the enforcement of laws and propose measures for such enforcement;
(c) in relation to any matter referred to it by Parliament as a matter of public importance, investigate or inquire into the activities or administration of a Ministry and may require it to furnish, through an authorised representative, relevant information and to answer questions, orally or in writing;
(d) perform any other function assigned to it by Parliament.
(3) Parliament may by law confer on committees appointed under this article powers for-

(a) enforcing the attendance of witnesses and examining then on oath, affirmation or otherwise;
(b) compelling the production of documents.

77.Ombudsman
(1) Parliament may, by law, provide for the establishment of the office of Ombudsman.

(2)The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate any action taken by a Ministry, a public officer or a statutory public authority.
(3)The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament.

78.Privileges and immunities of Parliament and members
(1) The validity of the proceedings in Parliament shall not be questioned in any court.

(2) A member or officer of Parliament in whom powers are vested for the regulation of procedure, the conduct of business or the maintenance of order in Parliament, shall not in relation to the exercise by him of any such powers be subject to the jurisdiction of any court.

(3)A member of Parliament shall not be liable to proceedings in any court in respect of anything said, or any vote given, by him in Parliament or in any committed thereof. (4) A person shall not be liable to proceedings in any court in respect of the publication by or under the authority of Parliament of any report, paper, vote or proceeding. (5) Subject to this article, the privileges of Parliament and of its committees and members may be determined by Act of Parliament.

79.Secretariat of Parliament
(1)Parliament shall have its own Secretariat. Secretariat of Parliament.

(2)Parliament may, by law, regulate the recruitment and conditions of service of persons appointed to the secretariat of Parliament.
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