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(2) All other 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 the public account of the State, as the case may be. |
(3) No moneys out of the Consolidated Fund of India or the |
Consolidated Fund of a State shall be appropriated except in accordance with |
law and for the purposes and in the manner provided in this Constitution. |
267. Contingency Fund.—(1) Parliament may by law establish a |
Contingency Fund in the nature of an imprest to be entitled “the Contingency |
Fund of India” into which shall be paid from time to time such sums as may be |
determined by such law, and the said Fund shall be placed at the disposal of the |
President to enable advances to be made by him out of such Fund for the |
purposes of meeting unforeseen expenditure pending authorisation of such |
expenditure by Parliament by law under article 115 or article 116. |
133 |
134 |
THE CONSTITUTION OF INDIA |
(2) The Legislature of a State may by law establish a Contingency Fund in |
the nature of an imprest to be entitled “the Contingency Fund of the State” into |
which shall be paid from time to time such sums as may be determined by such |
law, and the said Fund shall be placed at the disposal of the Governor or Rajpramukh |
of the State to enable advances to be made by him out of such Fund for the purposes of |
meeting unforeseen expenditure pending authorisation of such expenditure by the |
Legislature of the State by law under article 205 or article 206. |
Distribution of Revenues between the Union and the States |
268. Duties levied by the Union but collected and appropriated by |
the States.—(1) Such stamp duties and such duties of excise on medicinal and |
toilet preparations as are mentioned in the Union List shall be levied by the |
Government of India but shall be collected— |
(a) in the case where such duties are leviable within any State specified in Part C of the First Schedule, by the Government of India, and |
(b) in other cases, by the States within which such duties are |
respectively leviable. |
(2) The proceeds in any financial year of any such duty leviable within |
any State shall not form part of the Consolidated Fund of India, but shall be |
assigned to that State. |
269.Taxes levied and collected by the Union but assigned to the States |
(1) The following duties and taxes shall be levied and collected by the Government of India but shall be assigned to the States in the manner provided in clause (2), namely: - |
(a) duties in respect of succession to property other than agricultural land; |
(b) estate duty in respect of property other than agricultural land; |
(c) terminal taxes on goods or passengers carried by railway, sea or air; |
(d) taxes on railway fares and freights; |
(e) taxes other than stamp duties on transactions in stock-exchanges and futures markets; |
(f) taxes on the sale or purchase of newspapers and on advertisements published therein; |
(2) The net proceeds in any financial year of any such duty or tax, except in so far as those proceeds represent proceeds attributable to State specified in Part C of the First Schedule, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that duty or tax is leviable in that year, and shall be distributed among those States in accordance with such principles of distribution as may be formulated by Parliament by law. |
270. Taxes levied and collected by the Union and distributed between the Union and the States |
(1) Taxes on income other than agricultural income shall be levied and collected by the Government of India and distributed between the Union and the States in the manner provided in clause (2). |
(2) Such percentage, as may be prescribed, of the net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to State specified in Part C of the First Schedule or to taxes payable in respect of Union emoluments, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax is leviable in that year, and shall be distributed among those States in such manner and from such time as may be prescribed. |
(3) For the purposes of clause (2), in each financial year such percentage as may be prescribed of so much of the net proceeds of taxes on income as does not represent the net proceeds of taxes payable in respect of Union emoluments shall be deemed to represent proceeds attributable to State specified in Part C of the First Schedule. |
(4) In this article - |
(a) "taxes on income" does not include a corporation tax: |
(b) "prescribed" means - |
(i) until a Finance Commission has been constituted, prescribed by the President by order, and |
(ii) after a Finance Commission has been constituted, prescribed by the President by order after considering the recommendations of the Finance Commission; |
(c) "Union emoluments" includes all emoluments and pensions payable out of the Consolidated Fund of India in respect of which income-tax is chargeable. |
271. Surcharge on certain duties and taxes for purposes of the |
Union.—Notwithstanding anything in articles 269 and 270, Parliament may at |
any time increase any of the duties or taxes referred to in those articles by a |
surcharge for purposes of the Union and the whole proceeds of any such |
surcharge shall form part of the Consolidated Fund of India. |
272. Taxes which are levied and collected by the Union and may be distributed between the Union and the States |
Union duties of excise other than such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied and collected by the Government of India, but, if Parliament by law so provides, there shall be paid out of the Consolidated Fund of India to the States to which the law imposing the duty extends sums equivalent to the whole or any part of the net proceeds of that duty, and those sums shall be distributed among those States in accordance with such principles of distribution as may be formulated by such law. |
136 |
THE CONSTITUTION OF INDIA |
273. Grants in lieu of export duty on jute and jute products.—(1) |
There shall be charged on the Consolidated Fund of India in each year as |
grants-in-aid of the revenues of the States of Assam, Bihar, Odisha and West |
Bengal, in lieu of assignment of any share of the net proceeds in each year of |
export duty on jute and jute products to those States, such sums as may be |
prescribed. |
(2) The sums so prescribed shall continue to be charged on the |
Consolidated Fund of India so long as any export duty on jute or jute products |
continues to be levied by the Government of India or until the expiration of ten |
years from the commencement of this Constitution whichever is earlier. |
(3) In this article, the expression “prescribed” has the same meaning as |
in article 270. |
274. Prior recommendation of President required to Bills affecting |
taxation in which States are interested.—(1) No Bill or amendment which |
imposes or varies any tax or duty in which States are interested, or which varies |
the meaning of the expression “agricultural income” as defined for the purposes |
of the enactments relating to Indian income-tax, or which affects the principles |
on which under any of the foregoing provisions of this Chapter moneys are or |
may be distributable to States, or which imposes any such surcharge for the |
purposes of the Union as is mentioned in the foregoing provisions of this |
Chapter, shall be introduced or moved in either House of Parliament except on |
the recommendation of the President. |
(2) In this article, the expression “tax or duty in which States are |