Withdrawal stalled, coal bill in new avatar today

The move comes after the Rajya Sabha refused to grant leave for the withdrawal of a bill of the same name on Tuesday.

The government has decided to introduce a bill for the replacement of The Coal Mines (Special Provisions) Ordinance in the Lok Sabha on Thursday, official sources say. The move comes after the Rajya Sabha refused to grant leave for the withdrawal of a bill of the same name on Tuesday.

“It will be formulated as a fresh bill,” one source said. A bill under the consideration of one House can not be introduced in the other House; hence a fresh one. The ruling regime obviously prefers the introduction the NDA-majority Lok Sabha. Once this House adopts the bill and the NDA-minority Rajya Sabha inevitably rejects it, the government can call a joint session to clear it.

Rule 71(1) of the the Lok Sabha stipulates that “whenever a bill seeking to replace an ordinance with or without modification is introduced in the House, there shall be placed before the House along with the bill a statement explaining the circumstances which had necessitated immediate legislation by an ordinance.”

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The government had on Tuesday failed to withdraw three bills, including the existing one on coal mines, in the Rajya Sabha after a run-in with opposition parties. Leader of the Opposition Ghulam Nabi Azad had said: “The three bills they want to withdraw are now property of the House. It is fine that the Government with permission of the House can withdraw them…..But we have not discussed it yet… How can they withdraw it without debate?”

Leader of the House Arun Jaitley contended: “When there is a valid law in existence, that law has to be introduced in one House, in this case the Lok Sabha, and a bill substituting the ordinance has simultaneously to be introduced… Once the other bill becomes a law the infructuous bill that you say is property of the House can be gifted to each one of you.”

First uploaded on: 26-02-2015 at 00:51 IST

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