DRAFT CONSTITUTION 1007
all revenues received by the Government of a State, loans raised by the
Government of a State by the issue of treasury bills, loans or ways and
means advances and all moneys received by a State in repayment of
loans shall form one consolidated fund to be entitled “ The Consolidated
Fund of the State.”
(2) All over public moneys received by or on behalf of the Government
of India or the Government of a State shall be credited to the public
account of India, or of the State, as the case may be.
(3) No moneys out of the Consolidated Fund of India or of a State shall be
appropriated except in accordance with law and for the purposes and
in the manner provided in this Constitution.’ ”
Amendment No. 381.
“That for article 263, the following article be substituted : —
‘ 263. (1) The custody of the Consolidated Fund and the Contingency Fund
of India, the payment of moneys into Custody of Consolidated such Funds, the withdrawal of moneys Funds, Contingency Funds and moneys credited to the therefrom, the custody of public moneys public accounts and the other than those credited to such Funds payment of moneys into received by or on behalf of the Government and withdrawal of moneys of India, their payment into the public from such Funds and public account of India and the withdrawal of accounts. moneys from such account and all other
matters connected with or ancillary to
matters aforesaid shall be regulated by
law made by Parliament, and, until provision in that behalf is so made
by Parliament, shall be regulated by rules made by the President.
(2) The custody of the Consolidated Fund and the Contingency Fund of
a State, the payment of moneys into such Funds, the withdrawal of
moneys therefrom, the custody of public moneys other than those credited
to such Funds received by or on behalf of the Government of a State,
their payment into the public account of the State and the withdrawal
of moneys from such account and all other matters connected with or
ancillary to matters aforesaid shall be regulated by law made by the
Legislature of the State, and until provisions in that behalf is so made
by the Legislature of the State, shall be regulated by rules made by
the Governor of the Slate.’ ”
Briefly, he changes are two-fold. In the original article No. 248A as it
stood, the scope of the Consolidated Fund was limited. The Consolidated
Fund did not specifically refer to the proceeds of loans, treasury bills and
ways and means advances. We now propose to make a specific mention of
them so that they will form part of the Consolidated Fund.
The second thing is that in drawing the definition of the Consolidated
Fund we lumped along with it certain other moneys which were received
by the state, but which were not the proceeds of taxes or loans, etc., with
the result that public money receive by the state otherwise than as part
of the revenues or loans also because subject to an Appropriation Act,
namely, the provision contained in sub-clause (3) of article 248A. Obviously
the withdrawal of money which should strictly not “form part of the