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CHAPTER XIX - PROCEDURE IN FINANCIAL MATTERS

CHAPTER XIX

PROCEDURE IN FINANCIAL MATTERS

145.   BUDGET:

(1)        The Budget shall be presented to the Assembly 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 to a Select Committee and no motion in respect thereof shall be made except as provided in the this Chapter.

 


146.   PRESENTATION OF THE BUDGET:

        The Budget shall be presented by the Finance Minister or, in his absence, by any other Minister nominated by the Chief Minister.

 


147.   BUDGET NOT TO BE DISCUSSED ON PRESENTATION:

There shall be no discussion on the budget on the day on which it is presented to the Assembly.


148. STAGES OF THE BUDGET:

The Budget shall be dealt with by the Assembly in the following stages, namely:-

(a)       general discussion on the budget as a whole,

(b)    discussion on expenditure charged upon the Provincial Consolidated Fund; and

(c)       discussion and voting on demands for grants;


149. ALLOTMENT OF DAYS:

            The Speaker shall allot days for different stages of the budget referred to in rule 148:

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 general discussion.

 


150.   GENERAL DISCUSSION:

(1)        No motion shall be moved nor shall the budget be submitted to the vote of the Assembly on the day 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.


151.  COMPLETION OF STAGES OF THE BUDGET:

The Speaker shall, on the last day of the days allotted for any stage of the budget, just before the 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.


152.   CUT MOTIONS:

A member may move a cut motion to reduce the amount of a demand in any of the following ways:-

(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 a motion shall indicate in precise terms the particulars of the policy which he proposes to discuss. The discussion shall be confined 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 reduction 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 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.


153.  NOTICE OF CUT MOTIONS:

        Unless notice of a motion for reduction in a grant has been given two clear 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 that the Speaker suspends this rule and allows the motion to be made.

 


154. CUT MOTIONS IN RESPECT OF EXPENDITURE OTHER THAN NEW EXPENDITURE:

If a motion under rule 153 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.


155. CONDITIONS FOR ADMISSIBILITY OF CUT MOTIONS:

            In order that a motion under rule 153 may be admissible, it shall not –

(a)     to more than one demand;

(b)     extend beyond one specific matter which shall be stated precisely;

(c)       contain arguments, inferences, ironical expressions,  imputations, epithets  or defamatory statements;

(d)    make suggestions for the amendment or repeal of all existing law;

(e)     refer to a matter  which is not a concern of Government;

(f)      relate to a expenditure charged upon the Provincial Consolidated Fund;

(g)      raise a question of privilege;

(h)       revive discussion on the matter which has been discussed in the same session and on which decision has been taken;

(i)         relate to a matter which is under adjudication by a court of law; and

(j)      anticipate a matter which has been previously fixed for consideration in the same session.


156.   ADMISSIBILITY OF CUT MOTIONS:

The Speaker shall decide whether a cut motion is admissible under these rules and may disallow any cut motion if, in his opinion, it is an abuse of the right of moving cut motions or is calculated to obstruct or prejudicially affect the procedure of the Assembly or is in contravention of these rules.


157.   DISCUSSION ON CUT MOTIONS:

(1)        A motion under rule 153 shall ordinarily be considered in order of the heads of the budget.

(2)        The Speaker may put before the Assembly all motions for consideration and voting at a time.


158.   VOTING ON DEMANDS FOR GRANTS:

(1)        Each demand for grant referred to in sub-rule (c) of rule 148 shall be discussed separately.

(2)        Before a question is put in respect of a demand for grant, all cut-motions in respect of that demand shall be discussed and voted upon.

(3)      When notices of several cut-motions relating to the same demand are given, the motions shall be discussed in the order in which the heads to which they relate appear in the Budget.

(4)        On the last day of the days allotted under rule 149 for the stage referred to in sub-rule (c) of rule 148 at the time when the sitting is to terminate, the Speaker shall   forthwith put every question necessary to dispose of  all the outstanding matters in connection with the demands for grants.

 

159. VOTE ON ACCOUNT:

(1)       A motion for vote on account shall state the total sum required to be voted and the various amounts needed for each Department or item of expenditure which compose that sum shall be stated in a schedule appended to the motion.

(2)      Amendment may be moved for the reduction of the whole demand for grant or for the reduction or omission of the items of which the demand is composed.

(3)       Discussion of a general character may be allowed on the motion or any amendments moved thereto but the details of the grant shall not be discussed further than is necessary to develop the general points.

(4)        In other respects, a motion for vote on account shall be dealt with in the same way as if it were a demand for grant.

(5)        The schedule referred to in sub-rule (1) shall also separately specify the several sums required to meet the expenditure charged on the Provincial Consolidated Fund.


160.  PROCEDURE FOR DEALING WITH SUPPLEMENTARY AND EXCESS DEMANDS:

The procedure for dealing with supplementary estimates of expenditure and excess demands shall, as far as possible, be the same as prescribed for the budget, except that if, on a demand for a supplementary grant, funds to meet the proposed expenditure on a new purpose are available by re-appropriation, a demand for the grant of a token sum may be submitted to the vote of the Assembly and if the Assembly assents to the demand, funds may be made available.

Provided that the Speaker may relax all or any of the provisions of rules 146,147 and 149.