Section Section 24
or when he knows that he is not qualified or that he is disqualified for members
section 24 or when he knows that he is not qualified or that he is disqualified for membership thereof; or that he is prohibited from doing so by the provisions of any law made by Parliament or the Legislative Assembly of the Union territory of Jammu and Kashmir, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as debt due to the said Union territory. 30. Powers, privileges, etc , of members: (1) Subject to the provisions of this Act and to the rules and standing orders regulating the procedure of the Legislative Assembly, there shall be freedom
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of speech in the Legislative Assembly. (2) No member of the Legislative Assembly shall be liable to any proceedings in any court in respect of anything said Or any vote given by him in the Assembly o any committee thereof, and no person shall be so liable in respect of the publication by O under the authority of such Assembly of any report, paper, votes Or proceedings. (3) In other respects, the powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof shall be such as are for the time being enjoyed by the House of the People and its members and committees. The provisions of sub-sections (1), (2) and (3) shall apply in relation to persons who by virtue of this Act have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly or any committee thereof as they apply in relation to members of the Legislative Assembly. 31. Salaries and allowances of members: Members of the Legislative Assembly shall be entitled to receive such salaries and allowances as may from time to time be determined by the Legislative Assembly by law and, until provision in that behalf is SO made, such salaries and allowances as the Lieutenant Governor may, by order determine. 32. Extent of legislative power: (1) Subject to the provisions of this Act, the Legislative Assembly may make laws for the whole or any part of the Union territory of Jammu and Kashmir with respect to any of the matters enumerated in the State List except the subjects mentioned at entries and 2, namely Public Order ' and Police" respectively or the Concurrent List in the Seventh Schedule to the Constitution of India in so far as any such matter is applicable in relation to the Union territories. (2 Nothing in sub-section (1) shall derogate from the powers conferred on Parliament by the Constitution to make laws with respect to any matter for the Union territory of Jammu and Kashmir Or any part thereof. 33. Exemption of property of the Union from taxation. -~The property of the Union shall, save in sO far as Parliament may by law otherwise provide, be exempted from all taxes imposed by O under any law made by the Legislative Assembly or by or under any other law in force in the Union territory of Jammu and Kashmir: Provided that nothing in this section shall, until Parliament by law otherwise provides, prevent any authority within the Union territory of Jammu and Kashmir from levying any tax on any property of the Union to which such property was immediately before the commencement of the Constitution liable or treated as liable, so long as that tax continues to be levied in that Union territory. 34. Restrictions on laws passed by Legislative Assembly with respect to certain matters: The provisions of article 286, article 287 and article 288 shall apply in relation to any law passed by the Legislative Assembly with respect to any of the matters referred to in those articles as they apply in relation to any law passed by the Legislature of a State with respect to those matters. (2 The provisions of article 304 shall, with the necessary modifications, apply in relation to any law passed by the Legislative Assembly with respect to any of the matters referred to in that article as they apply in relation to any law passed by the Legislature of a State with respect to those matters_ 35. Inconsistency between laws made by Parliament and laws made by Legislative Assembly:~If any provision of a law made by the Legislative Assembly with respect to matters enumerated in the State List, in the Seventh Schedule to the Constitution is repugnant to any provision of a law made by Parliament with respect to that matter , whether passed before o after the law made by the Legislative Assembly, Or_ if any provision of law made by the Legislative Assembly with respect to any matter enumerated in the Concurrent List in the Seventh Schedule to the Constitution is repugnant to any provision of any earlier law, other than a law made by the Legislative Assembly, with respect to that matter; then, in either case, the law made by Parliament, O, as the case may be, such earlier law shall prevail and the law made by the Legislative Assembly of the Union territory shall, to the extent of the repugnancy, be void:
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Provided that if such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the Union territory of Jammu and Kashmir: Provided further that nothing in this section shall prevent Parliament from enacting at any time any law with respect to the same matter including law adding to, amending, varying Or repealing the law so made by the Legislative Assembly: 36. Special provisions as to financial Bills. (1) A Bill or amendment shall not be introduced into, or moved in, the Legislative Assembly except on the recommendation of the Lieutenant Governor, if such Bill or Amendment makes provision for any of the following matters, namely: the imposition, abolition, remission, alteration or regulation of any tax; the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Union territory; the appropriation of moneys out of the Consolidated Fund of the Union territory; the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the Union territory O the increasing of the amount of any such expenditure; e the receipt of money on account of the Consolidated Fund of the Union territory O the public account of the Union territory O the custody O issue of such money or the audit of the account of the Union territory: Provided that no recommendation shall be required under this sub-section for the moving of an amendment making provision for the reduction O abolition of any tax (2) A Bill o Amendment shall not be deemed to make provision for any of the matters aforesaid by reason oly that it provides for the imposition of fines Or other pecuniary penalties, 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) Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of Union territory shall not be passed by the Legislative Assembly of the Union territory unless the Lieutenant Governor has recommended to the Assembly, the consideration of the Bill.
37. Procedure as to lapsing of Bills. (1) Bill pending in the Legislative Assembly shall not lapse by reason of the prorogation of the Legislative Assembly. (2) A Bill which is pending in the Legislative Assembly shall lapse o dissolution of the Legislative Assembly. 38. Assent to Bills: When Bill has been passed by the Legislative Assembly, it shall be presented to the Lieutenant Governor and the Lieutenant Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President:
Provided that the Lieutenant Governor may, as soon as possible after the presentation of the Bill to him for assent, return the Bill if it is not Money Bill together with message requesting that the Assembly will reconsider the Bill 0r any specified provisions thereof; and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the Assembly will reconsider the Bill accordingly, and if the Bill is passed again with or without amendment and presented to the Lieutenant Governor for assent;, the Lieutenant Governor shall declare either that he assents to the Bill or that he reserves the Bill for the consideration of the President:
Provided further that the Lieutenant Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which;
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in the opinion of the Lieutenant Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is, by the Constitution, designed to fill; o (b) relates to any of the matters specified in clause (1) of article 31A; O the President may, by order , direct to be reserved for his consideration: Explanation. For the purposes of this section and
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