APPENDIX VII

 APPENDIX 7
(See Paragraph 55)

PROCEDURE IN FINANCIAL MATTERS
സാമ്പത്തിക കാര്യങ്ങളുടെ നടപടിക്രമം

(Extract of Rules 139 to 152 of the Rules of 
Procedure and Conduct of Business in the Kerala
Legislative Assembly).

നിയമസഭയിലെ നടപടി ക്രമങ്ങളെക്കുറിച്ചുള്ള (Para 139to 152) കാര്യങ്ങളാണ്. രണ്ട് തവണ വായിക്കുക. കട്ട് മോഷനെ [cut motion]കുറിച്ച് പരീക്ഷയ്ക്ക് സാധാരണയായി ചോദിച്ചുകാണുന്നു. ചോദ്യങ്ങള്‍ ശ്രദ്ധിക്കുകമല്ലോ 

139. Preparation of Budget.—

(1) Annual Financial Statement of the estimated receipts and expenditure of the Government of Kerala in respect of each financial year (herein-after referred to as

the Budget) shall be presented to the Assembly on such days as the Governor may appoint.

(2) No discussion of the Budget shall take place on the day on which it is presented.

140. Demands for Grants.—

(1) A separate demand shall ordinarily be made in respect of the grant proposed for each department of Government, provided that the Finance Minister may include in one demand grants proposed for two or more departments or make a demand in respect of expenditure which cannot readily be classified under particular departments.

(2) 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.

(3) Subject to these Rules, the Budget shall be presented such form as the Finance Minister may, after considering the suggestions, if any, or the Estimates Committee; settle.

141. General Discussion on the Budget.—

(1) On a day to be appointed by the Speaker subsequent to the day on which the Budget is presented, and for such time as the speaker may allot for this purpose, the Assembly shall be at liberty to discuss the Budget as a whole or any question of principle involved therein, but no motion shall be moved at this state, nor shall be the Budget be submitted to the vote of the Assembly.

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

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

142. Voting of demands for Grants.—

(1) The Speaker, in consultation with the Leader of the House and the Leader of the Opposition, shall allot so many days as may be compatible with public interest for discussion and voting of the Demands for Grants.

(2) On the last day of the allotted days at 1.30 p.m. the Speaker shall forthwith put every question necessary to dispose of all the outstanding matters in connection with the Demands for Grants.

(3) Motions may be moved to reduce any grant, but not to increase or alter the destination of a

grant.

(4) No amendments to motions to reduce any grant shall be permissible.

(5) When several motions relating to the same demand are offered, they shall be discussed in

the order in which the heads to which they relate appear in the Budget.

143. Presentation of Budget in Parts.—

Nothing hereinafter contained shall be deemed to prevent the Budget to the Assembly in two or more part, and when such presentation takes place, each part shall be dealt with in accordance with these Rules as if it were the Budget.

144. Cut Motions.—

A motion may be moved to reduce the amount of Demand in any of the following ways:—

(a) “that the amount of the demand be reduced 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 theeconomy that can be effected. Such specified amount may be either a lump sum reduction in the demand or omission of 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 speecher 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” in order to ventilate a specific

grievance which is within the sphere of the responsibility of the Government of Kerala. Such a motion shall be known as “Token Out”, and the discussion thereon shall be confined to the particular grievance specified in the motion.

A motion moved in the Assembly to reduce the amount of a demand is 

A:-Reception 

B:-Deduction 

C:-Cut motion 

D:-Slashing 

145. Conditions of admissibility of Cut Motions.—

In order that a notice of motion for reduction

of the amount of demand may be admissible, it shall satisfy the following conditions, namely:—

(i) it shall relate to one demand only;

(ii) it shall be clearly and shall not contain arguments, inferences, ironical expression,

imputations, epithets, or defamatory statements;

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

(iv) it shall not reflect on the character or conduct of any person whose conduct can only be

challenged on a substantive motion;

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

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

Kerala;

(vii) it shall not relate to expenditure charged on the Consolidated Fund of Kerala;

(viii) it shall not relate to a matter which is under adjudication by a court of law having

jurisdiction in any part of Kerala;

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

(x) it shall not revive discussion on a matter which has been discussed in the same session

and on which a decision has been taken;

(xi) it shall not anticipate a matter which has been previously appointed for consideration in

the same session;

(xii) it shall not ordinarily seek to raise a discussion on a matter pending before ant statutory

tribunal or statutory authority performing any judicial or quasi judicial functions or any

commission or court of enquiry appointed to enquire 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 stage of enquiry, if the Speaker is satisfied that it is not likely to

prejudice the consideration of such matter by the statutory tribunal, statutory authority, commission or court of enquiry; and

(xiii) it shall relate to a trifling matter.

146. Speaker to decide admissibility of Cut Motions.—

The Speaker shall decide whether a cut motion is or is not admissible under these rules and may disallow any cut motion when, 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 House or is in contravention of these rules.

147. Notice of Cut Motions.—

If notice of a motion to reduce any grant has not been given one clear say before the day on which the demand is to be considered, any member may object to the moving of the motion, such objection shall prevail, unless the Speaker allow the motion to be made.

148. 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 item of expenditure which compose that sum shall be stated in a schedule appended to the motion.

(2) Amendments 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 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.

149. Supplementary, additional excess and exceptional grants and votes of credit:—

Supplementary, additional excess and exceptional grants and votes of credit shall be regulated by the same procedure as is applicable in the case of demands for grants, subject to such adaptations, whether by way of modification, addition or omission as the speaker may deem to be necessary or expedient.

150. Scope of discussion on Supplementary grants.—

The debated on the supplementary grants shall be confined to the items constituting the same, and no discussion may be raised on the original grants or policy underlying them, save in so far as it may be necessary to explain or illustrate the particular items under discussion.

151. Tocken 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 cote of the Assembly, and, if the Assembly assents to the demand, funds may be so made available.

152. Appropriation Bill.—

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

(2) At any time after the introduction in the Assembly of an Appropriation Bill, the speaker may allot a day or days for the completion of all or any of the stages involved in the passage of the Bill

by the Assembly, and when such allotment has been made, the Speaker shall at 1.30 p.m on the allotted day, or, as the case may be, the last of the allotted days, forthwith put every question necessary to dispose of all the outstanding matters in connection with the stage or stages for which the day or days has or have been allotted.

(3) The speaker may, if he thinks fir, prescribe a time limit for speeches at all or any of the stages for which a day or days has or have been allotted under the preceding sub-rule.

(4) The debate on an Appropriation Bill shall be restricted to matters of public importance or administrative policy implied in the grants covered by the Bill which have not already been raised

while the relevant demands for grants were under consideration.

(5) The Speaker may, in order to avoid repetition of debated, require members desiring to take

part in the discussion on an Appropriation Bill to give advance intimation of the specific points they intend to raise, and he may withhold permission for raising such of the points as in his opinion appear to be repetitions of the matters discussed on a demand for grant or as may not be of sufficient public importance

(6) If an Appropriation Bill is in pursuance of a supplementary grant in respect of an existing

service the discussions shall be confined to the items constituting the same, and no discussion shall be raised on the original grant or the policy underlying, it, save so far as may be necessary to explain or illustrates a particular item under discussion.