CHAPTER XIV - PROCEDURE IN FINANCIAL MATTERS
CHAPTER XIV
PROCEDURE IN FINANCIAL MATTERS
PROCEDURE IN FINANCIAL MATTERS
114. (1) The Budget shall be presented on such day and at such time as the Chief Minister may appoint.
(2) The Secretary shall cause the day and time appointed under sub-rule (1) to be notified in the Gazette.
(3) The demand for grant shall be entertained only if it is certified to have been made on the recommendations of the Chief Minister.
(4) The Budget shall not be referred to a Standing Committee or Select Committee and no motion in respect thereof shall be made except as provided in this Chapter.
115. The Budget shall be presented by the Finance Minister or in his absence by any other Minister nominated by the Chief Minister.
116. On the day of the presentation of the Budget, the proceedings shall be confined to the speech of the Minister presenting the Budget.
117. The Budget shall be dealt with by the Assembly in the following stages namely:-
(1) general discussion on the Budget as a whole;
(2) discussion on expenditure charged upon the Provincial Consolidated Fund;
(3) discussion on demands for grants;
(4) the voting on demands for grants.
118. The Speaker shall allot days for different stages of the budget referred to in rule 117:
Provided that not less than two days shall intervene between the day of the presentation of the Budget and the first day allotted by the Speaker for general discussion:
Provided further that not less than five days shall be allotted for the general discussion.
119. (1) No motion shall be moved nor shall the Budget be submitted to the vote of the Assembly on the days allotted for general discussion.
(2) The Finance Minister or the Minister who has presented the Budget shall have a general right of reply at the end of the discussion.
(3) The Speaker may prescribe a time limit for speeches.
120. The Speaker shall, on the last day of the days allotted for any stage of the Budget, just before termination of the sitting, put every such question as is necessary to dispose all the outstanding matters in connection with the completion of that stage.
121. Unless notice of a motion for reduction in a grant has been given two days before the day on which the demand is to be considered, any Member may object to the moving of the motion and thereupon such objection shall sustain, provided the Speaker suspends this rule and allows the motion to be moved.
122. If a motion under rule 121 is carried, the Speaker shall inform Government in writing of the fact and Government shall communicate its decision thereupon to the Speaker for the information of the Assembly.
123. A motion under rule 121 shall be in any of the following forms:-
(a) “that the amount of the demand be reduced to Re. 1.00” representing disapproval of the policy underlying the demand. Such a motion shall be known as “Disapproval of Policy Cut.” A Member giving notice of such motion shall indicate in precise terms the particulars of the policy which he proposes to discuss. The discussion shall be confine to the specific point or points mentioned in the notice and it shall be open to Members to advocate an alternative policy;
(b) “that the amount of the demand be reduced by a specified amount” representing the economy that can be effected. Such specified amount may be either a lump sum reduction in the demand or omission or reducing of an item in the demand. The motion shall be known as “Economy Cut”. The notice shall indicate briefly and precisely the particular matter on which discussion is sought to be raised and speeches shall be confined to the discussion as to how economy can be effected;
(c) “that the amount of the demand be reduced by Rs. 100.00” in order to ventilate a specific grievance which is within the sphere of the responsibility of the Provincial Government. Such a motion shall be known as “Token Cut” and the discussion thereon shall be confined to the particular grievance specified in the motion.
124. In order that a motion under rule 121 may be admissible, it shall not:-
( i ) relate to more than one demand;
( ii ) extend beyond one specific matter which shall be stated precisely;
( iii) make suggestions for the amendment or repeal of all existing law;
( iv) refer to a matter which is not a concern of Government;
( v) relate to expenditure charged upon the Provincial Consolidated Fund;
( vi) raise a question of privilege;
( vii) revive discussion on a matter which has been discussed in the same session and on which a decision has been taken; and
( viii) anticipate a matter which has been previously fixed for consideration in the same session.
125. The Speaker may disallow a motion under rule 121 if in his opinion it contravenes the provisions of these rules or prejudicially affects the procedure of the Assembly or obstructs its proceeding.
126. (1) A motion under rule 121 shall ordinarily be considered in the order of the heads of the Budget.
(2) The Speaker may put before the Assembly all motions for consideration and voting at a time.
127. The provisions relating to Budget shall, mutatis mutandis, be applicable to Supplementary Budget Statement and Excess Budget Statement except that if the funds to meet the expenditure on a new service are available by re-appropriation, a demand for the grant of token sum may be submitted to the vote of the Assembly 1[ : ]
2[Provided that the Speaker may relax all or any of the Provisions of rules, 116, 117 and 118.]
3[127-A.Notwithstanding any thing contained in these rules, following procedure shall be observed during the Budget session of the Assembly, called for the purpose of passing the Budget of the Financial year, 1977-78:-
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1 The full stoop has been replaced by a colon vide Law Department Notification No S. Legis: 20(6)/73 dated 30th May, 1974.
2. Proviso added, ibid.
3. Rule 127 A inserted vide Law Department Notification No S. Legis: 11(2)/177 dated 4th June, 1977.
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(2) The Secretary shall cause the day and time appointed under sub-rule (1) to be notified in the Gazette.
(3) The demand for grant shall be entertained only if it is certified to have been made on the recommendations of the Chief Minister.
(4) The Budget shall not be referred to a Standing Committee or Select Committee and no motion in respect thereof shall be made except as provided in this Chapter.
115. The Budget shall be presented by the Finance Minister or in his absence by any other Minister nominated by the Chief Minister.
116. On the day of the presentation of the Budget, the proceedings shall be confined to the speech of the Minister presenting the Budget.
117. The Budget shall be dealt with by the Assembly in the following stages namely:-
(1) general discussion on the Budget as a whole;
(2) discussion on expenditure charged upon the Provincial Consolidated Fund;
(3) discussion on demands for grants;
(4) the voting on demands for grants.
118. The Speaker shall allot days for different stages of the budget referred to in rule 117:
Provided that not less than two days shall intervene between the day of the presentation of the Budget and the first day allotted by the Speaker for general discussion:
Provided further that not less than five days shall be allotted for the general discussion.
119. (1) No motion shall be moved nor shall the Budget be submitted to the vote of the Assembly on the days allotted for general discussion.
(2) The Finance Minister or the Minister who has presented the Budget shall have a general right of reply at the end of the discussion.
(3) The Speaker may prescribe a time limit for speeches.
120. The Speaker shall, on the last day of the days allotted for any stage of the Budget, just before termination of the sitting, put every such question as is necessary to dispose all the outstanding matters in connection with the completion of that stage.
121. Unless notice of a motion for reduction in a grant has been given two days before the day on which the demand is to be considered, any Member may object to the moving of the motion and thereupon such objection shall sustain, provided the Speaker suspends this rule and allows the motion to be moved.
122. If a motion under rule 121 is carried, the Speaker shall inform Government in writing of the fact and Government shall communicate its decision thereupon to the Speaker for the information of the Assembly.
123. A motion under rule 121 shall be in any of the following forms:-
(a) “that the amount of the demand be reduced to Re. 1.00” representing disapproval of the policy underlying the demand. Such a motion shall be known as “Disapproval of Policy Cut.” A Member giving notice of such motion shall indicate in precise terms the particulars of the policy which he proposes to discuss. The discussion shall be confine to the specific point or points mentioned in the notice and it shall be open to Members to advocate an alternative policy;
(b) “that the amount of the demand be reduced by a specified amount” representing the economy that can be effected. Such specified amount may be either a lump sum reduction in the demand or omission or reducing of an item in the demand. The motion shall be known as “Economy Cut”. The notice shall indicate briefly and precisely the particular matter on which discussion is sought to be raised and speeches shall be confined to the discussion as to how economy can be effected;
(c) “that the amount of the demand be reduced by Rs. 100.00” in order to ventilate a specific grievance which is within the sphere of the responsibility of the Provincial Government. Such a motion shall be known as “Token Cut” and the discussion thereon shall be confined to the particular grievance specified in the motion.
124. In order that a motion under rule 121 may be admissible, it shall not:-
( i ) relate to more than one demand;
( ii ) extend beyond one specific matter which shall be stated precisely;
( iii) make suggestions for the amendment or repeal of all existing law;
( iv) refer to a matter which is not a concern of Government;
( v) relate to expenditure charged upon the Provincial Consolidated Fund;
( vi) raise a question of privilege;
( vii) revive discussion on a matter which has been discussed in the same session and on which a decision has been taken; and
( viii) anticipate a matter which has been previously fixed for consideration in the same session.
125. The Speaker may disallow a motion under rule 121 if in his opinion it contravenes the provisions of these rules or prejudicially affects the procedure of the Assembly or obstructs its proceeding.
126. (1) A motion under rule 121 shall ordinarily be considered in the order of the heads of the Budget.
(2) The Speaker may put before the Assembly all motions for consideration and voting at a time.
127. The provisions relating to Budget shall, mutatis mutandis, be applicable to Supplementary Budget Statement and Excess Budget Statement except that if the funds to meet the expenditure on a new service are available by re-appropriation, a demand for the grant of token sum may be submitted to the vote of the Assembly 1[ : ]
2[Provided that the Speaker may relax all or any of the Provisions of rules, 116, 117 and 118.]
3[127-A.Notwithstanding any thing contained in these rules, following procedure shall be observed during the Budget session of the Assembly, called for the purpose of passing the Budget of the Financial year, 1977-78:-
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1 The full stoop has been replaced by a colon vide Law Department Notification No S. Legis: 20(6)/73 dated 30th May, 1974.
2. Proviso added, ibid.
3. Rule 127 A inserted vide Law Department Notification No S. Legis: 11(2)/177 dated 4th June, 1977.
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(i) On such day and time as the Chief Minister may appoint, the budget shall be presented by the Finance Minister or in his absence by any other Minister nominated by the Chief Minister, who may, while, presenting the budget, deliver his speech and thereafter, shall introduce the Finance Bill and no other business shall be transacted on that day.
(ii) The general discussion on the Budget shall last for not more than four days; provided that not more than one day shall intervene between the presentation of the Budget and the commencement of the general discussion.
(iii) The Speaker may, in consultation with the Leader of the House, fix time limit for the speeches during the general discussion.
(iv) Not more than two days following the completion of the general discussion shall be reserved for voting on demands for grants and passing of the Finance Bill and the Speaker shall have power to tame all such steps as may be necessary for disposal of the whole business within the fixed time limit.
(v) The provisions herein before contained in this rule shall, mutatis mutandis, apply to Supplementary Budget Statement and Excess Budget Statement; provided that not more than one day shall be reserved, each for general discussion and voting on demands for grant;
(vi) No other business excepting Government Resolutions and Legislation shall be transacted during the Budget session.
(vii) The Assembly shall also sit on Saturday during the Budget sessions”].
1128. * * * * * * *
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1 Rule 128 (Report of Auditor General) deleted vide Law Department Notification No S. Legis: 20(6)/73 dated 18th August, 1975.
(ii) The general discussion on the Budget shall last for not more than four days; provided that not more than one day shall intervene between the presentation of the Budget and the commencement of the general discussion.
(iii) The Speaker may, in consultation with the Leader of the House, fix time limit for the speeches during the general discussion.
(iv) Not more than two days following the completion of the general discussion shall be reserved for voting on demands for grants and passing of the Finance Bill and the Speaker shall have power to tame all such steps as may be necessary for disposal of the whole business within the fixed time limit.
(v) The provisions herein before contained in this rule shall, mutatis mutandis, apply to Supplementary Budget Statement and Excess Budget Statement; provided that not more than one day shall be reserved, each for general discussion and voting on demands for grant;
(vi) No other business excepting Government Resolutions and Legislation shall be transacted during the Budget session.
(vii) The Assembly shall also sit on Saturday during the Budget sessions”].
1128. * * * * * * *
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1 Rule 128 (Report of Auditor General) deleted vide Law Department Notification No S. Legis: 20(6)/73 dated 18th August, 1975.