CHAPTER XV -PROCEDURE IN FINANCIAL MATTERS

(A) Budget

183. Budget and its presentation - The annual financial statement or the statement of the estimated receipts and expenditure of the state in respect of every financial year (herein after referred to as the Budget) shall be presented to the Assembly on such day as the Governor may appoint.

184. Discussion on Budget - No discussion on the Budget shall take place on the day on which it is presented to the Assembly.

185. Demands for Grants - (1) No demand for grant shall be made except on the recommendation of the Governor.

(2) A separate demand shall ordinarily be made in respect of the grant proposed for each department of the Government :

Provided that the Finance Minister may include in one-demand grants proposed for two or more departments, or make only one demand in respect of expenditure, which cannot readily be classified under any particular departments.

(3) Each demand shall contain first a statement of the total grant proposed, and then a statement of the detailed estimate under each grant divided into items.

(4) Subject to these rules, the Budget shall be presented in such form as the Finance Minister may, after considering the suggestions, if any, of the Estimates Committee consider best.

186. Stages of Budget Debate - The Budget shall be dealt with by the Assembly in two stages, namely:-

      1. a general discussion, and
      2. the voting on demands for grants.

187. General Discussion on Budget - (1) On days to be appointed by the Speaker, which shall be after at least two days subsequent to the presentation of the Budget, there shall be general discussion on the Budget or any question of principles involved therein ordinarily for five days, but no motion shall be moved at this stage, nor shall the Budget be submitted to the vote of the House.

(2) The Finance Minister shall have a general right to reply at the end of the discussion.

(3) The Speaker may, if he thinks fit, prescribe a time limit for speeches.

188. Voting on Demand - (1) The Speaker shall, in consultation with the Leader of the House, allot not more than 24 days for consideration and voting on the demands for grants.

(2) Subject to sub-rule (1), the demands for grants shall be presented in such order as the leader of the House, in consultation with the Leader of the Opposition, may determine.

(3) On the days allotted under sub-rule (1), no other business except the questions shall be taken up without the consent of the Speaker.

(4) Motion may be moved at this stage to reduce any demand for grant or to omit any item thereof but not to increase or alter the destination of, a demand for grant.

(5) No amendment to motions to reduce any demand for grant shall be permissible.

(6) When several motions relating to the same demand are made they shall be discussed in the order in which the heads to which they relate appear in the Budget.

(7) About half an hour before the usual closing of the sitting on the last day of the days allocated under sub-rule (1) the Speaker shall forthwith put every question necessary to dispose of the outstanding matters in connections with the demands for grants; and this procedure shall not be anticipated by any motion for adjournment or be interrupted in any manner whatsoever, nor shall any dilatory motion be moved in regard thereto.

189. Cut motions - A motion may be allowed to reduce the amount of a demand in any of the following ways:-

(a) "That the amount of the demand be reduce to Re.1": 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 specific 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 demands be reduced by Rs. 100": in order to ventilate a specific grievance, which is within the sphere of the responsibility of the Government such as motion shall be known as "Token Cut" and the discussion thereon shall be confined to the particular grievance specified in the motion.

190. Conditions of admissibility of Cut motions - (1) In order that a notice of motion for reduction of the amount of demand may be admissible it shall satisfy the following conditions, namely :-

(a) it shall relate to one demand only;

(b) it shall be clearly expressed and shall not contain arguments, inference, ironical expressions, imputations, epithets or defamatory statements;

(c) it shall be confined to one specific matter which shall be stated in precise terms;

(d) it shall not reflect on the character or conduct of any person whose conduct can only be challenged on a substantive motion;

(e) it shall not make suggestions or the amendment or repeal of existing laws;

(f) it shall not refer to a matter which is not primarily the concern of the Government;

(g) it shall not relate to expenditure charged on the Consolidated Fund of the State of Uttar Pradesh;

(h) it shall not relate to a matter which is under adjudication by a Court of law having jurisdication in any part of India;

(i) it shall not raise a question of privilege;

(j) it shall not raise a matter which has been discussed in the same session and on which a decision has been taken;

(k) it shall not anticipate a matter has been previously appointed for consideration in the same session;

(l) it shall not raise a matter pending before any statutory tribunal or statutory authority performing any judicial or quasi-judicial functions or any Commission or Court of Inquiry appointed to inquire into or investigate any matter:

Provided that the speaker may in his discretion allow such matter being raised in the House as is concerned with the procedure or scope or stage of inquiry if the Speaker is satisfied that it is not likely to prejudice the consideration of such matter by the tribunal, statutory authority, Commission or Court of Inquiry; and

(m) it shall not relate to a trifling matter.

(2) The Speaker may disallow such cut motion as, in his opinion is an abuse of the right of moving such a motion, or is in contravention of these rules.

191. Notice of a Cut Motion - Notice of a cut motion shall be given at least two days before the day appointed for the discussion of the grant unless otherwise directed by the Speaker.

[Art. 206.]

192. Votes on Credit and Exceptional Grants - (1) Not withstanding anything contained in the preceding rules, motions may be made for grants in advance in respect of the estimated expenditure for unexpected and exceptional grants under Article 206.

 

(2) Such demands shall be dealt with by the Assembly in the same manner as demands for grants in connection with the Budget and the rule on the subject shall apply to such demand with such modifications as the Speaker may deem necessary.

[Art. 206.]

193. Vote on Account - (1) A motion for vote on account shall state the total sum required, and the various amounts needed for each department or service 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 grant or for the reduction or omission of the items whereof the grant is composed.

(3) Discussion of a general nature shall be allowed on the motion or the amendments moved thereto and the details of the grant shall not be discussed but may instead be referred only to the extent necessary for general discussion.

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

194. Supplementary or Additional Grants or Grants for Excess Expenditure - (1) The Governor may appoint the day for presentation of a statement of demands for grants in respect of supplementary or additional or excess expenditure under Article 205.

[Art. 205.]

(2) The Speaker shall in consultation with the Leader of the House allot one or more days for the discussion and voting of such demands. In such cases the same procedure will be followed as is laid down in rules 185, 186, 187, 188, 189, 190 and 191 with such modifications as the Speaker may deem necessary.

195. Scope of Discussion on Supplementary Grants - The debate on the supplementary grants shall be confined to the items and no discussion shall be raised on the original grants or on the policy underlying them save in so far as it may be necessary to explain or illustrate the particular items under discussion.

196. Token Grant - When funds to meet proposed expenditure on a new service can be made available by reappropriation, a demand for the grant of a token sum may be submitted to the vote of the House, and if the House assents to the demands funds may be so made available.

[Art. 203.]

(B) Appropriation Bill

197. Appropriation Bill - (1) Subject to the provisions of the Constitution, the procedure in regard to an Appropriation Bill shall with such modifications as the Speaker may consider necessary, be the same as for Bills generally:

Provided that no amendment shall be proposed to an appropriation Bill which will have the effect of varying the amount or altering the destination of any grant made under Article 203.

(2) The Speaker may suspend the operation of any rule with a view to the timely passing of such Bills.

198. Time limit for disposal of Financial Business - In addition to the powers exercisable by the Speaker under these rules he may exercise all rights or powers necessary for the purpose of the timely completion of all financial business and may, in particular, allot time for the disposal of various kinds of such business and when the time is so allotted, he shall, at the appointed hour, put every question necessary to dispose of all the outstanding matters in connection with the stage or stages for which the time has been allotted.

Explanation - Financial business includes such business as the Speaker holds as coming within this category under the Constitution.

199. Publication of Appropriation and Finance Accounts and Audit Reports - As soon as may be practicable after the Appropriation and Finance Accounts and Audit Reports thereon have been laid on the Tables of the Legislature, the Secretary shall issue a notification declaring them to be published for general information.

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