REGISTERED NO. DL-(N)04/0007/2006-08
(एन)04/0007/2006-08
रजिस्ट्री से डी एल
भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II- खण्ड 2
PART II- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, शुक्रवार, मार्च 9 , 2007/ फाल्गुन 18, 1928
रूं 23]
NEW DELHI, FRIDAY, MARCH 9, 2007 / PHALGUNA 18, 1928
No. 23]
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation.
LOK SABНА
The followingBills were introduced in the Lok Sabha on 9th March, 2007:-
BILL NO . 31 OF 2007
ABillfurther to amend the Banking Regulation Act, 1949.
BE it enacted by Parliament in the Fifty-eighth Year ofthe Republic of India as follows:-
1.(1) This Act may be called the Banking Regulation (Amendment) Act, 2007.
Short title and commencement.
(2) Itshall be deemed to have come into force on the 23rd day of January, 2007 .
Amendment of section 24.
10 of 1949.
2. In section 24 of the Banking Regulation Act, 1949 (hereinafter referred to as the principalAct) ,-
(a) sub - sections (1) and (2) shall be omitted ;
(b) for sub -section (24), the following sub - section shall be substituted, namely:-
2 of 1934 .
"(2A) A scheduled bank, in addition to the average daily balance which it is, or may be, required to maintain under section 42 ofthe Reserve Bank of India Act, 1934 and every other banking company, in addition to the cash reserve which it is required to maintain under section 18 , shall maintain in India, assets , 2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
the value of which shall not be less than such percentage not exceeding forty per cent. of the total of its demand and time liabilities in India as on the last Fridayofthe second preceding fortnight as the Reserve Bank may, by notification intheOfficial Gazette , specify from time to time and such assets shall be maintained, in such form and manner, as may be specified in such notification. " ;
(c) sub-section (2B) shall be omitted.
3. Insection 53 of the principal Act,-
Amendment of section 53 .
(i) in sub- section (1) , the words and figures " or any of their branches functioning or located in any Special Economic Zone established under the Special Economic Zones Act, 2005 " shall be omitted;
28 of 2005 .
(ii) insub-section(2), in the opening portion , for the words , brackets and figure "A copy of every notification proposed to be issued under sub - section (1), shall be laid in draft before each House of Parliament " , the following words , brackets and figures shall be substituted, namely:-
28 of 2005.
"A copy of every notification proposed to be issued under sub-section (1) relating to any banking company or institution or any class of banking companies or any branch of a banking company or an institution, as the case may be, functioning or located in any Special Economic Zone established under the Special Economic Zones Act, 2005 shall be laid in draft before each House of Parliament. ".
4.(1) The Banking Regulation (Amendment ) Ordinance, 2007 is hereby repealed. Ord. 1 of2007.
Repeal and saving.
Ord. I of 2007.
(2) Notwithstanding the repeal of the Banking Regulation (Amendment) Ordinance, 2007, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions ofthe principal Act, as amended by this Act .
3.
THE GAZETTE OF INDIA EXTRAORDINARY
SEC.2]
STATEMENT OF OBJECTS AND REASONS
The Banking Regulation Act, 1949 empowers the Reserve Bank of India (Reserve Bank) to regulate and supervise the banking sector.
2. It is necessarythat Reserve Bank, as the regulator and the authority vested with the powers to conduct monetary policy, has the necessary flexibility regarding stipulation of holding of liquid instruments by banks .As such, the existing floor of25 % has to be removed keeping intact the ceiling of40 % as the guidance for Reserve Bank. It will give more operational flexibilityto Reserve Bank of India in the conduct of monetary policy.
3. The amendment made through the Special Economic Zones Act, 2005 was intended to extend the application ofsection 53 of the Banking Regulation Act to any ofthe branches of the Banking Companies /Financial Institutions or any class of banking companies functioning or located in the Special Economic Zone under the Act of 2005. It envisages placing such a draft notification before each House of Parliament while in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions . The notification can be issued only after the approval by both the Houses.
4. The basic intention of the aforementioned amendment was to provide for a more restricted power in respect of a notification granting exemptions to any banking company or institution or any class of banking companies or any of their branches functioning or located only in any Special Economic Zone established under the Special Economic Zones Act, 2005. Such a notification is required to be placed before both the Houses of Parliament for thirty working days in draft before issuing the final notification . However, the amendment made did not restrict the amendment to banks in SEZs . This was not the intention behind the amendment . It has , therefore , been proposed that sub - section (2) of section 53 as amended bythe Special Economic Zones Act, 2005 be amended to provide that this requirement shall apply in cases ofexemptions being granted to institutions/banks/branches located in Special Economic Zones .
5. In order to bring these amendments of urgent nature, it had become necessary to carry out urgently the required amendments in the Banking Regulation Act, 1949. If these amendments had not been made immediately, there was a fear of adverse impact on the smooth functioning of the banking system in the current changing scenario.
6.As both the Houses of Parliament were not in session, and the President was satisfied that circumstances existed which rendered it necessary for him to take immediate action, the Banking Regulation (Amendment ) Ordinance , 2007 ( 1 of 2007 ) was promulgated on 23rd January, 2007.
7. The said Ordinance provides to-
(i) amend section 24 ofthe Banking Regulation Act, 1949 to enable the Reserve Bank to specify the Statutory Liquidity Ratio without any floor;
(ii) amend section 53 of the Banking Regulation Act, 1949 to provide that requirement of laying the draft notification before both Houses of Parliament shall apply in cases ofexemptions being granted to institutions/banks/branches located in Special Economic Zones .
8. TheBill seeks to replace the aforesaid Ordinance.
P. CHIDAMBARAM .
NEW DELHI;
The 1st March, 2007.
4
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II--
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 2 ofthe Bill empowers the Reserve Bank to specify such percentage of value of assets which shall be maintained in India by every banking company. The delegation of Legislative power is of a normal character.
5
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2]
BILL NO. 30 OF 2007
ABillfurther to amend the Central Sales Tax Act, 1956 and the Additional Duties ofExcise (Goods ofSpecial Importance) Act, 1957 .
BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:-
CHAPTERI
PRELIMINARY
1. (1) This Act may be called the Taxation Laws ( Amendment) Act , 2007.
Short title and com- mencement .
(2) It shall come into force on such date as the Central Government may, by notification inthe Official Gazette, appoint.
6
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
CHAPTER II
CENTRAL SALES TAX
74 of 1956.
Amendment of section 6 .
2. In the Central Sales Tax Act , 1956 (hereinafter in this Chapter referred to as the principalAct) , in section 6, for sub - section (2), the following sub - section shall be substituted, namely:-
"(2) Notwithstanding anything contained in sub -section (1 ) or sub- section (1A) , where a sale of any goods in the course of inter - State trade or commerce has either occasioned the movement of such goods from one State to another or has been effected by a transfer of documents of title to such goods during their movement from one State to another , any subsequent sale during such movement effected by a transfer of documents of title to such goods to a registered dealer, if the goods are of the description referred to in sub - section (3) of section 8 , shall be exempt from tax under thisAct:
Provided that no such subsequent sale shall be exempt from tax under this sub- section unless the dealer effecting the sale furnishes to the prescribed authority in the prescribed manner and within the prescribed time or within such further time as that authority may, for sufficient cause, permit, ---
(a) acertificate duly filled and signed by the registered dealer from whom the goods were purchased containing the prescribed particulars in a prescribed form obtained from the prescribed authority ; and
(b) if the subsequent sale is made to a registered dealer, a declaration referred to in sub- section ( 4) of section 8: Provided further that it shall not be necessary to furnish the declaration referred to in clause ( 6 ) of the preceding proviso in respect of a subsequent sale of goodsif,-
(a) the sale or purchase of such goods is , under the sales tax law of the appropriate State exempt from tax generally or is subject to tax generally at a rate which is lower than three per cent . or such reduced rate as may be notified by the Central Government, by notification in the Official Gazette, under sub- section (1) of section 8 (whether called a tax or fee or by any other name) ; and
(b) the dealer effecting such subsequent sale proves to the satisfaction of the authority referred to in the preceding proviso that such sale is of the nature referred to in this sub - section . " .
Amendment of section 7.
3. In section 7 of the principal Act , in sub - section (24 ) , for the words , brackets and figures " clause (a) of sub - section (4) of section 8 " , the words , brackets and figures " sub-. section (4) of section 8 " , shall be substituted .
4. Insection 8 of the principal Act ,-
Amendment of section 8 .
(a) for sub- sections ( 1 ) and (2), the following sub - sections shall be substituted , namely:-
"(1) Every dealer , who in the course of inter - State trade or commence , sells to a registered dealer goods of the description referred to in sub - section (3 ), shall be liable to pay tax under this Act, which shall be three per cent . ofhis turnover or at the rate applicable to the sale or purchase of such goods inside the appropriate State under the sales tax law of that State , whichever islower:
Provided that the Central Government may, by notification in the Official Gazette , reduce the rate of tax under this sub - section .
7
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2]
(2) The tax payable by any dealer on his turnover in so far as the turnover or any part thereof relates to the sale of goods in the course of inter- State trade or not falling within sub- section ( 1), shall be at the rate applicable to the sale or purchase of such goods inside the appropriate State under the sales tax law of thatState .
Explanation. For the purposes of this sub - section , a dealer shall be deemed to be a dealer liable to pay tax under the sales tax law of the appropriate State, notwithstanding that he, in fact, may not be so liable under that law. " ;
(b) in sub -section ( 3) , in the opening portion, for the words , brackets , figure and letter "The goods referred to in clause (b) of sub -section (1 ) " , the following shall be substituted , namely:-
"The goods referred to in sub - section ( 1 ) ,- " ;
(c) for sub -section (4) , the following shall be substituted , namely:-
" (4) The provisions of sub - section ( 1) shall not apply to any sale in the courseofinter-State trade or commerce unless the dealer selling the goods furnishes to the prescribed authority in the prescribed manner a declaration duly filled and signed by the registered dealer to whom the goods are sold containing the prescribed particulars in a prescribed form obtained from the prescribed authority:
Provided that the declaration is furnished within the prescribed time or within such further time as that authority may, for sufficient cause , permit. " ;
(d) insub -section (5) , in clauses (a) and (b) , the words " or the Government " and the words , brackets and figure " or sub - section ( 2) " , wherever they occur, shall be omitted.
Amendment ofsection 9 .
5. In section 9 ofthe principal Act, in sub -section ( 1 ) , in the proviso , in clause (a), for the words , letter, brackets and figures " clause (a) of sub-section (4) of section 8 " , the words , brackets and figures " sub-section (4) of section 8 " shall be substituted.
Amendment of section 10 .
6. In section 10 of the principal Act, in clause (a) , the words " certificate or " shall be omitted.
Amendment of section 10A.
7. In section 10A of the principal Act, in sub -section (2), in clause (a) , for the words, letter, brackets and figures " clause (a) of sub - section (4) of section 8 " , the words, brackets and figures " sub-section (4) of section 8 " shall be substituted.
8. Insection 14 of the principal Act, clause (ix) shall be omitted .
Amendment of section 14 .
CHAPTER II
ADDITIONALDUTIES OF EXCISE
58 of 1957 .
Omission of section 4 .
9. IntheAdditional Duties of Excise (Goods of Special Importance)Act, 1957 (hereinafter referred to as the Additional Duties ofExcise Act) , section 4 shall be omitted.
Amendment ofFirst Schedule.
10. In the Additional Duties of Excise Act, in the First Schedule, headings 2401 , 2402 and 2403 , and sub-headings and tariff items thereunder, and the entries relating thereto shall beomitted.
11. In the Additional Duties of Excise Act, the Second Schedule shall be omitted . Omission of Second Schedule .
8
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
STATEMENT OF OBJECTS AND REASONS
Central Sales Tax ( CST) is levied under the provisions of the Central Sales Tax Act, 1956 ( ' the CST Act ' ) on the sale of goods in the course of inter- State trade or commerce . The CST is levied by the Central Government by virtue of Entry 92A of the Union List, but the same is assigned to the States within which the tax is leviable , by virtue of provisions of Article269 ofthe Constitution . The CST is leviable in the originating State , i.e. , the State from where the movement of the goods commences and is collected and appropriated entirely by such State . The CST Act is administered by the States by virtue of provisions of section 9 of the said Act.
2. CST being an origin - based tax is inconsistent with VAT ( which is a destination- based tax) .Moreover , CST results in cascading of tax ( i.e. tax on tax) , since it is not rebatable against VAT. In view of these factors , there has been a consensus that the CST should be phased out . This is also a pre - requisite for introduction of an integrated Goods and Services Tax (GST) , which the Government proposes to introduce by 1st April , 2010. The issue of phasing out of the CST has been deliberated upon for over a decade . The Empowered Committee of State Finance Ministers (EC) , constituted by the Government of India, has beenmaking efforts in this direction since July, 2000. Finally, after a series of meetings , a consensus has been arrived at between the Central Government and the State Governments onthe roadmap for phasing out of the CST as also on the package of compensation to the States for revenue loss on this account .
3.Accordingly, it is proposed to phase out the CST in 4 steps , i.e. , reducing the CST rate from 4%to 3% w.e.f. 1st April , 2007, from 3 % to 2% w.e.f. 1st April , 2008 , from 2 % to 1 % w.e.f. 1st April , 2009 and eventually abolishing the tax on 31st March, 2010. An integrated national Goods and Services Tax ( GST) is proposed to be introduced w.e.f. 1st April , 2010. The agreed package for compensation to the States for revenue loss on account of phasing out of the CST shall consist of non - monetary measures as well as monetary measures .
4. The implementation of the above proposals requires the amendment of the CST Act as also the Additional Duties of Excise (Goods of Special Importance) Act, 1957. Consequently the CSTAct is proposed to be amended to provide for reduction of CST rate from 4% to 3% as also to provide the enabling powers to the Central Government to reduce it further, in future, through notification in Official Gazette and to drop Tobacco from the list of declared goods, to enable the States to levy VAT on Tobacco at a rate higher than 4 % rate applicable to declared goods .
5. The Additional Duties of Excise (Goods of Special Importance) Act, 1957 is proposed to be amended to drop Tobacco from the First Schedule of the Act, to enable the States to levyVAT on Tobacco without losing their share out of the 1 % devolution from the Divisible Pool of Central Taxes . It is also proposed to omit section 4 of the Additional Duties of Excise (GoodsofSpecial Importance) Act, 1957 and the Second Schedule of the Act, as the same are nomore required.
6.The Bill seeks to achieve the above objects .
NEW DELHI;
P. CHIDAMBARAM .
The27th February, 2007 .
PRESIDENT'S RECOMMENDATION UNDER ARTICLES 117 AND 274 OF THE CONSTITUTION OF INDIA
[Copy of letter No. 34 / 135 /2005 - ST, dated the 27th February, 2007 from Shri P. Chidambaram, Minister of Finance to the Secretary- General, Lok Sabha]
The President, having been informed of the subject matter of the Taxation Laws (Amendment) Bill , 2007 , recommends under clauses ( 1 ) and (3 ) of article 117 , read with clause ( 1) of article 274 of the Constitution of India , the introduction of the above Bill in Lok Sabha and also recommends to Lok Sabha the consideration ofthe Bill.
9
THE GAZETTE OF INDIA EXTRAORDINARY
SEC.2]
FINANCIAL MEMORANDUM
Clause 4 ofthe Bill proposes to reduce the rate of Central Sales Tax (CST) from 4% to 3% w.e.f. 1st April , 2007. The tax rate is proposed to be reduced further by 1 % every year . This will result in revenue loss to the States . The total revenue loss due to 1 % reduction in the CST rate is estimated at Rs . 6,350 crores during 2007-08 , which will increase with further reduction in CST rate in the following years . The agreed package for compensation to the States for revenue loss on account of phasing out of the CST shall consist of non-monetary measures as well as monetary measures. For this purpose , a budget provision of Rs . 2,500 crores has been proposed for the year 2007-08 for release of grant - in - aid to the States on this account .
10
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause (a) of clause 4 of the Bill seeks to add a proviso in sub- section ( 1 ) of section 8 of the Central Sales Tax Act, 1956 empowering the Central Government to reduce the rate of tax under the sub -section by notification in the Official Gazette . This has been proposed with a view to smoothern the process of phasing out of the CST as per the roadmap agreed to by the Central Government and the State Governments , under which the CST is to be reduced by 1 % every year, i.e. from 4 % to 3% w.e.f. 1st April , 2007, from 3% to 2%w.e.f. 1stApril, 2008, from 2 % to 1 % w.e.f. 1stApril, 2009 and complete abolition ofthe tax on 31st March , 2010, i.e. before the date proposed for introduction of an integrated Goods and Services Tax (GST). The delegation of the legislative power is of a normal character.
11
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2]
THE FIRST SCHEDULE
[See section 3 ( 1) ]
NOTES
1. In this Schedule, "tariff item " , " heading " , " sub- heading " and "Chapter " mean respectively a tariff item , heading, sub -heading and Chapter in the First Schedule to the Central Excise TariffAct, 1985 (5 of 1986) .
2.The rules for the interpretation of the First Schedule to the Central Excise TariffAct, 1985 (5 of 1986) , the Section and Chapter NOTES and the General Explanatory NOTES of the First Schedule shall, so far as may be, apply to the interpretation of this Schedule .
Tariff Item Description of goods Unit Rate of
Additional
Duty
(1) (2) (3) (4)
2401 UNMANUFACTURED TOBACCO ; TOBACCO REFUSE
2401 10 Tobacco, not stemmed or stripped:
2401 10 10 Flue cured virginia tobacco
2401 10 20 Sun cured country (natu) tobacco
2401 10 30 Suncured virginia tobacco
2401 10 40 Burley tobacco
2401 10 50 Tobacco for manufacture of biris, not
stemmed
2401 10 60 Tobacco for manufacture of
chewing tobacco
2401 10 70 Tobacco for mnaufacture of
cigar and cheroot
2401 10 80 Tobacco for manufacture of
hookah tobacco
2401 10 90 Other
2401 20 Tobacco, partly or wholly stemmed
orstripped:
2401 20 10 Flue cured virginia tobacco
2401 20 20 Suncured country (natu) tobacco
2401 20 30 Suncured virginia tobacco
2401 20 40 Burley tobacco
2401 20 50 Tobacco for manufacture of biris
2401 2060 Tobacco for manufacture of
chewing tobacco
2401 20 70 Tobacco for manufacture of cigar
and cheroot
2401 20 80 Tobacco for manufacture of
hookah tobacco
2401 20 90 Other
2401 30 00 Tobacco refuse
2402 CIGAR, CHEROOTS CIGARILLOS AND CIGARETTES ,
OFTOBACCO OR OF TOBACCO SUBSTITUTES
2402 10
kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10% kg. 10%
Cigars, cheroots and cigarillos, containing
tobacco:
2402 10 10 Cigar and cheroots Tu Nil
2402 10 20 Cigarillos Tu Nil
2402 20 Cigarettes, containing tobacco
2402 20 10 Other than filter cigarettes , of length not Tu Rs.37 per
exceeding 60 milimetres thousand
12
THE GAZETTE OF INDIA EXTRAORDINARY
(1)
(2)
2402 20 20
Other than filter cigarettes , of length exceeding 60 milimetres but not exceeding 70 milimetres
2402 20 30
[PART II-
(3) (4)
Tu Rs. 125 per thousand
Tu Rs. 185 per thousand
Filter cigarettes of length ( including the length of the filter , the length of filter being 11 milimetres or its actual length , whichever is more) not exceeding 70 milimetres
2402 20 40
Tu Rs. 300 per thosuand
Filter cigarettes of length ( including the length of the filter , the length of filter being 11 milimetres or its actual length , whichever is more ) exceeding 70 milimetres but not exceeding 75 milimetres
2402 20 50
Filter cigarettes of length Tu Rs.400 per thousand
(including the length of the filter , the length of filter being 11 milimetres or its actual length , whichever is more) exceeding 75 milimetres but not exceeding 85 milimetres
2402 20 90
Other
2402 90
Other:
2402 90 90
Other
2403
Tu Rs. 495 per thousand
Tu Nil
OTHER MANUFACTURED TOBACCO
2403 10 10
Hookah or gudaku tobacco
2403 10 20
kg. 18%
Smoking mixture for pipes and cigarettes
Biris:
2403 10 31
Other than paper rolled biris , manufactured without the aid of machine
2403 10 39
Other
2403 10 90
Other
2403 99
Other
2403 99 10
Chewing tobacco
2403 99 20
kg. 75%
Tu Rs. 1.40 per thousand
Tu Rs. 3.50 per thousand
kg 18%
kg. 18%
kg. 18%
Preparations containing chewing tobacco
2403 99 30
Zarda scented tobacco
2403 99 40
Snuff
2403 99 50
Preparation containing snuff
2403 99 70
Cut-tobacco
2403 99 90
Other
kg. 18%
kg. 18 %
kg . 18%
kg. Nil
kg. 18% 13
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2]
THE SECOND SCHEDULE
(Seesection4)
Distribution of additional duties
During each ofthe financial years commencing on and after the 1st day ofApril, 1995, there shall be paid to each of the States specified in column ( 1 ) of the Table below such percentage ofthe net proceeds of additional duties levied and collected during that financial year in respect of the goods described in column (3 ) of the First Schedule , after deducting therefrom a sum equal to 2.203 per cent . of the said proceeds as being attributable to Union territories , as is set out against it in column (2) of the said Table:
Provided that if during that financial year there is levied and collected in any State a tax on the sale or purchase of the goods described in column (3 ) ofthe First Schedule , or one or more of them by or under any law of that State, no sums shall be payable to that State under this paragraph in respect of that financial year , unless the Central Government by special order otherwise directs .
TABLE
State
(1)
Andhra Pradesh
Arunachal Pradesh
Assam
Bihar
Goa
Gujarat
Haryana
Himachal Pradesh
Jammu and Kashmir
Karnataka
Kerala
Madhya Pradesh
Maharashtra
Manipur
Meghalaya
Mizoram
Nagaland
Orissa
Punjab
Rajasthan
Sikkim
TamilNadu
Tripura
Uttar Pradesh
WestBengal
*
Percentage
(2)
7.820
0.104
2.483
7.944
0.232
5.995
2.366
0.595
0.856
5.744
3.740
7.236
12.027
0.197
0.188
0.079
0.137
3.345
3.422
4.873
0.053
7.669
0.286
14.573
8.036 14
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
BILL NO . 28 OF 2007
ABill toprovidefor the withdrawal ofcertain sumsfrom and out of the Consolidated Fund
Railways. ofIndia for the services of a part of the financial year 2007-08 for the purposes of
follows:- BE it enacted by Parliament in the Fifty - eighth Year of the Republic of India as
1. ThisAct may be called the Appropriation (Railways ) Vote on Account Act, 2007. Shorttitle.
2. From and out of the Consolidated Fund of India there may be withdrawn sums not withdrawal of
exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum Rs. 22398,68,72,000
of twenty two thousand three hundred ninety eight crores , sixty- eight lakhs and seventy- the Consolidated from and out of
two thousand rupees towards defraying the several charges which will come in course of Fund of India for
payment during the financial year 2007-08 , in respect of the services relating to Railways specified in column 2 of the Schedule. 2007-08 . the financial year
3. The sums authorised to be withdrawn from and out of the Consolidated Fund of Appropriation .
India by this Act shall be appropriated for the services and purposes stated in the Schedule
in relation to the said year.
15
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2]
THE SCHEDULE
(Seesections 2 and 3)
2
1
No. of Vote
Services and purposes
3
Sums not exceeding
Total
Voted by Parliament
1
RailwayBoard
2
Miscellaneous Expenditure (General)
3 General Superintendence and Services onRailways
4
Repairs and Maintenance of Permanent Way and Works.
5
Repairs and Maintenance of Motive Power
6 Repairs and Maintenance of Carriages and Wagons
7
Repairs and Maintenance of Plant and Equipment
8
Operating Expenses-Rolling Stock and Equipment
9
Charged on the Consolidated Fund
Rs .
Rs.
Rs.
15,90,73,000 15,90,73,000
65,12,77,000 65,12,77,000
13,000
417,01,41,000
417,01,54,000
14,68,000 749,17,70,000 749,03,02,000
4,000 402,47,49,000 402,47,45,000
83,000
817,37,38,000
817,38,21,000
40,000
419,45,18,000
419,45,58,000
34,000 579,87,27,000 579,86,93,000
1958,24,44,000
6,63,000
1958,17,81,000
Traffic
OperatingExpenses-
10
2048,61,90,000
41,67,000
2048,20,23,000
Operating Expenses-Fuel
11 Staff Welfare and Amenities 321,66,32,000 3,33,000 321,69,65,000
12 Miscellaneous Working Expenses 335,23,36,000 7,62,58,000 342,85,94,000
13 Provident Fund , Pension and Other
Retirement Benefits 11,58,000 1371,56,01,000
1371,44,43,000
14
4272,98,74,000 4272,98,74,000
Appropriation to Funds
15 Dividend to General Revenues , Repayment of loans taken from General Revenues and Amortization of Over- Capitalization.
16 Assets-Acquisition, Construction and Replacement
Revenue
Other Expenditure
4,28,12,000 4,28,12,000
4522,11,13,000
1,83,00,000
4520,28,13,000
Capital
3583,05,00,000
1,15,83,000
3581,89,17,000
Railway Funds .
Railway Safety Fund
Special Railway Safety Fund
TOTAL:
1,17,000 175,11,50,000 175,10,33,000
321,75,00,000 321,75,00,000
22398,68,72,000
11,42,21,000
22387,26,51,000
16
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
STATEMENT OF OBJECTS AND REASONS
ThisBill is introduced in pursuance of article 114 (1 ) of the Constitution of India, read with article 116 thereof, to provide for the appropriation from and out of the Consolidated Fund of India of the moneys required to meet the expenditure charged on the Consolidated Fund of India and the grants made in advance by the Lok Sabha in respect of the estimated expenditure of the Central Government on Railways , for a part of the financial year 2007-08 .
LALU PRASAD .
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF
THE CONSTITUTION OF INDIA
[Copy of letter No. 2007-B - 400/2 dated 23.2.2007 from Shri Lalu Prasad , Minister of Railways to the Secretary - General , Lok Sabha ]
The President, having been informed of the subject matter of the proposed Appropriation Bill providing for the withdrawal from and out of the Consolidated Fund of India of the moneys required to meet the expenditure charged on the fund and the grants made by Lok Sabha for a part ofthe financial year 2007-08 , recommends under clauses ( 1) and (3 ) of article 117 of the Constitution of India, the introduction in and consideration by Lok Sabha, of the AppropriationBill .
17
THE GAZETTE OF INDIA EXTRAORDINARY
SEC.2]
BILL NO . 35 OF 2007
ABill to authorise payment and appropriation ofcertain further sums from and out ofthe Consolidated Fund of India for the services of the financial year 2006-07 for the purposes ofRailways .
BE it enacted by Parliament in the Fifty- eighth Year of the Republic of India as follows:-
Short title .
1. This Act may be called the Appropriation (Railways ) Act, 2007.
Issue of Rs. 7596,49,65,000 outof the Consolidated Fund of India for the financial year2006-07.
2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of seven thousand five hundred ninety - six crores , forty - nine lakhs and sixty- five thousand rupees towards defraying the several charges which will come in course ofpayment during the financial year 2006-07, in respect of the services relating to Railways specified in column 2 of the Schedule.
Appropria- tion .
3. The sums authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.
18
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
THE SCHEDULE
(See sections 2 and 3 )
1
2
Services and purposes
No. of Vote
1 Railway Board
2 Miscellaneous Expenditure ( General )
3 General Superintendence and Services on Railways
3
Sums not exceeding
Votedby Parliament
Total
Charged onthe Consolidated Fund
Rs .
Rs.
Rs.
2,30,00,000
2,30,00,000
10,50,00,000
10,50,00,000
4,94,000
4,94,000
4 Repairs and Maintenance of Permanent Way and Works ....
5 Repairs and Maintenance of Motive Power
6 Repairs and Maintenance of Carriages and Wagons
8 Operating Expenses-Rolling Stock and Equipment
9 Operating Expenses-Traffic
10 Operating Expenses-Fuel
12 Miscellaneous Working Expenses
1,82,29,000 1,82,29,000
19,19,000
19,19,000
32,79,05,000
10,15,000 32,89,20,000
5,33,000
5,33,000
58,59,000
58,59,000
451,97,24,000 1,80,00,000 453,77,24,000
43,70,000 43,70,000
13 Provident Fund , Pension and other Retirement Benefits ......
14 Appropriation to Funds
15 Dividend to General Revenues, Repayment of loans taken from General Revenues and Amortization of Over-Capitalization
16 Assets---Acquisition , Construction and Replacement
Revenue
Other Expenditure
Capital
Railway Funds
Railway Safety Fund
TOTAL:
4,41,000
4,41,000
3954,58,65,000
3954,58,65,000
371,53,00,000
371,53,00,000
1741,91,12,000 7,93,17,000 1749,84,29,000
1008,55,92,000 4,25,18,000 1012,81,10,000
7,72,000
7,72,000
7579,14,98,000 17,34,67,000 7596,49,65,000 19
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2]
STATEMENT OF OBJECTS AND REASONS
ThisBill is introduced in pursuance of article 114 ( 1 ) of the Constitution of India, read with article 115 thereof, to provide for the appropriation out of the Consolidated Fund of India of the moneys required to meet the supplementary expenditure charged on the Consolidated Fund of India and the grants made by the Lok Sabha for expenditure of the Central Government on Railways for the financial year 2006-07 .
LALU PRASAD .
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE
CONSTITUTION OF INDIA
[Copy of letter No. 2006 - B - 402 /BS/2 , dated the6th March , 2007 from Shri Lalu Prasad , Minister of Railways to the Secretary-General, Lok Sabha]
The President, having been informed of the subject matter ofthe proposed Appropriation Bill to authorize payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 2006-07 for the purposes of Railways, recommends under clauses (1 ) and (3 ) of article 117 of the Constitution of India , read with clause (2) ofarticle 115 thereof, introduction in and consideration by Lok Sabha, of theAppropriationBill.
P.D.T. ACHARY,
Secretary-General.
PRINTED BY THE MANAGER, GOVT. OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2007.
MGIPMRND-1014GI(S5)-30-3-2007