9. Draft Constitution as published in the Gazette of India, dated 26th February 1948 with Dr. Ambedkar’s letter dated 21st February 1948 to Dr. Rajendra Prasad,President of the Constituent Assembly of India - Page 261

228 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

260 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948

operation of a Union railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity.

Exemption 266. Subject as hereinafter provided, the Govern- of the ment of a State shall not be liable to Union taxation 5 Governments in respect of lands or buildings situate within the of States in territory of India, or income accruing, arising or respect of received within such territory: Union taxa- tion

Provided that—

(a) where a trade or business of any kind is 10

carried on by or on behalf of the Govern-

ment of a State, nothing in this article

shall exempt that Government from any

Union tax or the levy of a sum in lieu of

15 such tax in respect of that trade or

business or any operations connected

therewith, or any income arising in con-

nection therewith, or any property

occupied for the purposes thereof;

(b) nothing in this article shall exempt the 20

Ruler of any State for the time being

specified in Part III of the First Schedule

from any Union tax in respect of lands,

buildings or income being his personal

26 property or personal income.

Explanation.—For the purposes of this article, any operations incidental to the ordinary functions of the Government of a State, such as, the sale of the forest produce of any forest under the control of the Government of a State or of any article produced in 30 any jail within a State, shall not be deemed to be a trade or business carried on by or on behalf of the Government of the State.

Adjustments 267. Where under the provisions of this Consti- in respect tution the expenses of any court or Commission, or 35 of certain pensions payable to or in respect of a person who has expenses and served before the commencement of this Constitution pensions. under the Crown in India, are charged on the revenues of India or the revenues of a State for the time being specified in Part I of the First Schedule, 40 then if—