REGISTERED No. D- (D) -12 रजिस्ट्री सं ० डी-(डी ) -72
भारत का राजपत्र
The Gazette of India
TRALSECRETARIAT NAR
असाधारण
EXTRAORDINARY
OF NOTA 3 *
भाग II-खण्ड 2
PART II-Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
से० 9]
नई दिल्ली, बुधवार , मार्च 12, 1980/फाल्गुम 22 , 1901
No. 9] NEW DELHI , WEDNESDAY , MARCH 12 , 1980/ PHALGUNA aa , 1901
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 fåled as a separate compilation
LOK SABНА
The following Bills were introduced in Lok Sabha on the 12th March , 1980:
BILL NO . 36 OF 1980
A Bill to provide for the payment out of the Consolidated Fund of India of sums equivalent to the net proceeds of Union duties of excise on electricity to the States to which the law imposing the duty extends and for the distribution of those sums among those States in accord- ance with the recommendations of the Finance Commission , in its report dated the 28th day of October, 1978 .
BE it enacted by Parliament in the Thirty - first Year of the Republic of India as follows: -
1. ( 1 ) This Act may be called the Union Duties of Excise (Electricity) Distribution Act, 1980.
Short title and com- mence- ment .
(2) It shall be deemed to have come into force on the 1st day of April , 1979.
Defini- tion.
1 of 1944.
2.In this Act, the expression " distributable Union duties of excise on electricity" means the net proceeds of Union duties of excise on electricity levied and collected , other than in Union territories , under the Central Excises and Salt Act, 1944 and any other law for the levy and collection of such duty, unless the law earmarks the proceeds of the duty for any special purpose .
Explanation .-The expression "net proceeds " has the same meaning as in clause ( 1 ) of article 279 of the Constitution ,
(III) 112
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
Payment
to States 3. During the financial year commencing on the 1st day of April , 1979
of sums and each of the four succeeding financial years there shall be pald, out
equiva- of the Consolidated Fund of India, to the States sums equivalent to the
lent to distributable Union duties of excise on electricity levied and collected
the net in that year and those sums shall be distributed to each of the States
proceeds
ofUnion specified in column ( 1) of the Table below in such percentage as is set
duties of out against it in column (2) for the respective year:-
excise on
electricity
and dis-
tribution
of the
sums
among
them,
TABLE
(1) (2)
State Percentage
1979-80 1980-81 1981-82 1982-83 1983-84
Andhra Pradesh 782 871 915 892 858
Assam 072 092 137 1 49 141
Bihar 688 666 680 655 664
Gujarat 767 750 777 749 733
Haryana 31 320 289 291 299
Himachal Pradesh 079 073 072 072 071
Jammu and Kashmir 090 079 078 086 100
Karnataka 705 7.24 710 670 646
Kerala 420 377 353 358 362
Madhya Pradesh 547 5'86 6. 13 6 09 5΄98
Maharashtra 13 26 13 34 1369 1424 14.48
Manipur Ο' ΟΙ 005 007
009
Meghalaya 029 0 26 023 022 0΄ 22
Nagaland 007 0 08 0' 08
009 009
Orissa 370 354 376 401 389
Punjab 590 555 510 500 506
Rajasthan 397 362 355 340 346
Tamil Nadu . 725 728 693 665 638
Tripura 004 005 005 005 0 06
Uttar Pradesi: 1228 12 40 II 40 1151 1187
West Bengal 852 845 890 944 968
SEC . 21
THE GAZETTE OF INDIA EXTRAORDINARY
113
4. The expenditure on the payments in pursuance of section 3 shall be charged on the Consolidated Fund of India .
Payment to be charged on the Consoli- dated Fund of India,
Power to make rules .
5. (1 ) The Central Government may , by notification in the Official Gazette, make rules providing for the time at which and the manner in which, any payments under this Act are to be made, for the making of adjustments between one financial year and another and for any other in- cidental or ancillary matters .
(2) Every rule made under this section shall be laid , as soon as may be after it is made, before each House of Parliament , while it is in session , for a total period of thirty days which may be comprised in one session or in two or more successive sessions , and if, before the expiry of the session immediately following the session or the successive sessions afore- said , both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made , the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so , however , that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
[PART II-
THE GAZETTE OF INDIA EXTRAORDINARY
114
STATEMENT OF OBJECTS AND REASONS
During each of the financial years from 1974-75 to 1978-79 , based on the recommendations of the Sixth Finance Commission , a sum equivalent to twenty per cent of the annual net proceeds of Union duties of excise , excluding cesses levied under special Acts and earmarked for special pur- poses, was paid to the States and distributed among them in the percent- ages which that Commission had recommended . The Seventh Finance Commission , in its Report , 1978 , recommended that--
(i ) forty per cent of the net proceeds of Union duties of excise , other than on generation of electricity , levied and collected during each of the years 1979-80 to 1983-84, excluding cesses levied under special Acts and earmarked for special purposes, should be paid out of the Consolidated Fund of India to the States and distributed among them in the percentages recommended by the Commission ; and
(ii) during each of the years 1979-80 to 1983-84, the net proceeds of the Union duties of excise on generation of electricity should be paid out of the Consolidated Fund of India to each State in an amount equal to the collection in or attributable to that State .
The Union Duties of Excise ( Distribution ) Act , 1979 , to give effect to item ( i ) of the above recommendation of the Commission , has already been enacted by Parliament in May, 1979.
In making its recommendation at item ( ii ) above , the Seventh Finance Commission had also taken note of the State - wise estimates of revenues , net of cost of collection, from Union duty of excise on electricity in each of the five years from 1979-80 to 1983-84, based on the anticipated energy availability in each State as contained in the Tenth Annual Power Survey . The Bill which seeks to give effect to item ( ii ) of the above recommenda- tion, provides for the distribution of the net proceeds of the duty among the States in the same percentages , in the respective year, as the Com- mission had relied upon .
NEW DELHI;
R. VENKATARAMAN.
The 23rd February , 1980 .
PRESIDENT'S RECOMMENDATION UNDER ARTICLES 117 AND 274 OF THE CONSTITUTION OF INDIA
[Copy of letter No. F. 10 (6)-B ( S ) / 79 , dated the 27th February , 1980 from Shri R. Venkataraman , Minister of Finance to the Secretary, Lok Sabha. ]
The President, having been informed of the subject matter of the proposed Bill to provide for payment out of the Consolidated Fund of India, of sums equivalent to the net proceeds of Union duties of excise on electricity to the States to which the law imposing the duty extends and for the distribution of those sums among those States in accordance with the recommendations of the Finance Commission, in its report dated the 28th day of October , 1978 , recommends under clauses ( 1 ) and ( 3 ) of article 117 and clause ( 1) of article 274 of the Constitution , the introduction of the Union Duties of Excise ( Electricity ) Distribution Bill , 1980 , in Lok Sabha and also the consideration of the Bill .
SEC. 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
115
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for payment to the States of the net pro- ceeds of Union duties of excise levied and collected on generation of elec- tricity, other than in Union territories , during the financial year com- mencing on the 1st day of April , 1979 and each of the four succeeding financial years . The Seventh Finance Commission , whose recommenda- tion in this regard is intended to be given effect to by this Bill , estimated the payments to the States at Rs . 1145.88 crores during the five years 1979-80 to 1983-84 .
The Bill does not involve any non - recurring expenditure.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 5 of the Bill empowers the Central Government to make rules in respect of matters specified therein . They relate to the time at which and the manner in which any payments are to be made to the States , for the making of adjustments between one financial year and another and for any other incidental or ancillary matters . The matters in respect of which the rules may be made are of a routine and administrative character.
2. The delegation of legislative power is thus of a normal character.
1 16
THE GAZETTE OF INDIA EXTRAORDINARY [PART II-
BILL NO . 39 OF 1980
A Bill to provide for the withdrawal of certain sums from and out of the Consolidated Fund of India for the services of a part of the financial year 1980-81 for the purposes of Railways
BE it enacted by Parliament in the Thity- first Year of the Republic of India as follows:
Short title.
1. This Act may be called the Appropriation ( Railways) Vote on Ac- count Act, 1980.
2. From and out of the Consolidated Fund of India there may be with- drawn sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of one thousand four hundred fourteen crores , ninety one lakhs and fourteen thousand rupees towards defraying the several charges which will come in course of payment dur- ing the financial year 1980-81 , in respect of the services relating to rail- ways specified in column 2 of the Schedule.
With- drawal o' Rs . 1414,91, 14,000 from and out of the Conso- lidated Fund of India for the finan- cial year 1980-81 ,
Appro- priation.
3. The sums authorised to be withdrawn from and out of the Consoli- dated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.
THE GAZETTE OF INDIA EXTRAORDINARY
Sec. 21
117
THE SCHEDULE
(See sections 2 and 3 )
2
I
Services and purposes No. of Vote
3
Sums not exceeding
Total
Voted by
Parliament
I Railway Board
2
Charged on the Consoli- dated Funds
Rs .
Rs .
Rs .
96,22,000
96,22,000
5,62,27,000 5,61,27,000
Miscellaneous Expenditure (General)
3 General Superintendence and Services
1,18,000
43,82,97,000
4
43,84,15,000
74,54,96,000
Repairs and Maintenance of Per- manent Way and Works
5 Repairs and Maintenance of Mo- tive Power
1,51,000 74.56.47,000
53,000
66,41,7 1,000
66,42,27,000
67,000 82,89,06,000 82,38,39,000
Carriages and Wagons 6 Repairs and Maintenance of
7
48,000
39,57,68,000
Repairs and Maintenance Plant and Equipınent . of
39.58,16,000
1,73,000 82,69,07,000 82,68,24,000
8 Operating Expenses - Rolling Stock and Equipment
9,56,000
88,02,46,000
Operating Expenses-Traffic 9
TO Operating Expenses --Fuel
Staff Welfare and Amenities 11
88,12,02,000
37,000 140,11,52,000 140,11,15,000
29,07,30,000
41,000
29,07,71,000
1,09,62,000
40,79,76,000
12 Miscellaneous Working Expenses
13 Provident Fund , Pension and otherRetirement Benefits
41,89,38,000
33,000
35,07,25,000 35,06,92,000
105,18,15,000
14 Appropriation to Funds
15
105,18,15,000
5,89,45,000 5,89,45,000
Dividend to General Revenues Repayment of loan taken from General Revenue and Amorti- zation ofOver -capitalization .
16 Assets- Acquisition, Construction and Replacement Revenue
17,000
3,99,90,000
4,00,07,000
18,17,000 568,97,02,000 568,78,85,000
Other Expenditure.
TOTAL
1,45,73,000 1414,91,14,000
1413.45,41,000 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- 118
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of article 114 ( 1 ) of the Constitu- tion of India, read with article 116 thereof, to provide for the appropria- tion 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 Parliament in respect of the estimated ex- penditure of the Central Government on Railways , for a part of the financial year 1980-81 .
KAMLAPATI TRIPAΤΗΙ .
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
[Copy of letter No. 80 - B - 401 , dated the 11th March , 1980 from Shri Kamlapati Tripathi , Minister of Railways to the Secretary, 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 the Lok Sabha for a part of the financial year , 1980-81 , recommends under clauses ( 1) and (3) of article 117 of the Constitution of India the introduction in and consideration by Lok Sabha of the Appropriation Bill.
119
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2]
BILL NO . 40 OF 1980
A Bill to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 1979-80 for the purposes of Railways .
BE it enacted by Parliament in the Thirty- first Year of the Republic of India as follows : -
1. This Act may be called the Appropriation ( Railways ) No. 2 Act , 1980.
Short title.
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 Sche- dule amounting in the aggregate to the sum of one hundred eleven crores , ninety- two lakhs and eighty - nine thousand rupees towards defraying the several charges which will come in course of payment during the finan cial year 1979-80 , in respect of the services relating to Railways specified in column 2 of the Schedule .
Issue of Rs . 111,92, 89,000 out of the Consoli- dated Fund of India for the financial year 1979-80 .
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 ser- vices and purposes expressed in the Schedule in relation to the said year .
120
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
THE SCHEDULE
(See sections 2 and 3)
2
I
Services and purposes No. of Vote
3
Sums not exceeding
Total
Voted by
Parliament
I
Railway Board
2
Miscellaneous Expenditure (General)
3
General Superintendence and Services
1
Repairs and Maintenance of Per- manent Way and Works Charged on the Consoli- dated Fund
Rs .
Rs .
Rs.
10,26,000 9,14,000
1,13,000
3,26,11,000 3,24,33,000
1,78,000
9,28,24,000 9,28,24,000
5
Repairs and Maintenance Motive Power of
6 Repairs and Maintenance of Carriages and Wagons
7
Repairs and Maintenance of Plantand Equipment
8 Operating Expenses Rolling Stock and Equipment .
Operating Expenses-Traffic
24,000
24,000
86,000
86,000
4,04,93,000 4,04,93,000
1,54,000
1,54,000
30,57,000
6,57,44,000 6,26,87,000
9
Staff Welfare and Amenities
1,22,000
2.02,96,000
I I
12 Miscellaneous Working Expenses .
13 Provident Fund , Pension and Other Retirement Benefits
2,04,18,000
8,67,000
3,24,57,000 3,15,90,000
16,79,70,000
116 Assets-Acquisition, Constru- ction and Replacement
16,79,70,000
14,20,000
60,35,62,000
TOTAL
66,49,82,000
60,20,000
111,32,69,000
111,92,89,000 121 SEC. 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of article 114 (1 ) of the Constitu- tion of India, read with article 115 thereof, to provide for the appropria- tion 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 1979-80 .
KAMLAPATI TRIPATHI .
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
[Copy of letter No. 80-B - 402 , dated the 11th March , 1980 from Shri Kamlapati Tripathi , Minister of Railways to the Secretary , Lok Sabha . ]
The President, having been informed of the subject matter of the proposed Appropriation Bill providing for the appropriation out of the Consolidated Fund of India of the moneys required to meet the expendi- ture charged on the Fund and the Supplementary Grants made by the Lok Sabha, for 1979-80 , recommends under clauses (1 ) and (3 ) of article 117 of the Constitution of India read with clause ( 2) of article 115 thereof, the introduction in and consideration by Lok Sabha of the Appro- priation Bill .
AVTAR SINGH RIKHY ,
Secretary.
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI, 1980