THE CONSTITUTION OF INDIA. India
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Название: THE CONSTITUTION OF INDIA

Автор: India

Издательство: Проспект

Жанр: Юриспруденция, право

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isbn: 9785392105526

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СКАЧАТЬ thereon shall be final.

      (4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under article 109, and when it is presented to the President for assent under article 111, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill.

      111. Assent to Bills

      When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom:

      Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom.

      Procedure in Financial Matters

      112. Annual financial statement

      (1) The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the "annual financial statement''.

      (2) The estimates of expenditure embodied in the annual financial statement shall show separately—

      (a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of India; and

      (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of India,

      and shall distinguish expenditure on revenue account from other expenditure.

      (3) The following expenditure shall be expenditure charged on the Consolidated Fund of India—

      (a) the emoluments and allowances of the President and other expenditure relating to his office;

      (b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People;

      (c) debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;

      (d) (i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court;

      (ii) the pensions payable to or in respect of Judges of the Federal Court;

      (iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercised jurisdiction in relation to any area included in a Governor's Province of the Dominion of India;

      (e) the salary, allowances and pension payable to or in respect of the Comptroller and Auditor-General of India;

      (f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;

      (g) any other expenditure declared by this Constitution or by Parliament by law to be so charged.

      113. Procedure in Parliament with respect to estimates

      (1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of those estimates.

      (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of the People, and the House of the People shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.

      (3) No demand for a grant shall be made except on the recommendation of the President.

      114. Appropriation Bills

      (1) As soon as may be after the grants under article 113 have been made by the House of the People, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of India of all moneys required to meet—

      (a) the grants so made by the House of the People; and

      (b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount shown in the statement previously laid before Parliament.

      (2) No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.

      (3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law passed in accordance with the provisions of this article.

      115. Supplementary, additional or excess grants

      (1) The President shall—

      (a) if the amount authorised by any law made in accordance with the provisions of article 114 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or

      (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before both the Houses of Parliament another statement showing the estimated amount of that expenditure or cause to be presented to the House of the People a demand for such excess, as the case may be.

      (2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or grant.

      116. Votes on account, votes of credit and exceptional grants

      (1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have power—

      (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 113 for the voting СКАЧАТЬ