AN ACT TO PROVIDE FOR THE SERVICE OF THE FINANCIAL YEAR 2005; TO AUTHORISE THE RAISING OF LOANS IN OR OUTSIDE SRI LANKA FOR THE PURPOSE OF SUCH SERVICE ; TO MAKE FINANCIAL PROVISION IS RESPECT OF CERTAIN ACTIVITIES OF THE GOVERNMENT DURING THAT FINANCIAL YEAR ; TO ENABLE THE PAYMENT BY WAY OF ADVANCES OUT OF THE CONSOLIDATED FUND OR ANY OTHER FUND OR MONEYS OF OR AT THE DISPOSAL OF THE GOVERNMENT, OF MONEYS REQUIRED DURING THAT FINANCIAL YEAR FOR EXPENDITURE ON SUCH ACTIVITIES ; TO PROVIDE FOR THE REFUND OF SUCH MONEYS TO THE CONSOLIDATED FUND ; AND TO MAKE PROVISION FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO
BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :"
, 2004 ]
1. This Act may be cited as the Appropriation Act, No. 15 of 2004.
Appropriation financial year,2005.
(1) Without prejudice to any other law authorising any expenditure, the expenditure of the Government which it is estimated will be rupees four hundred and seventy eight thousand file hundred and seven million six hundred and thirty two thousand for the service of the period beginning on January 1, 2005 and ending on December 31, 2005, in this Act referred to as the "financial year 2005" shall be met-
(a) from payments which are hereby authorised to be made out of the Consolidated Fund or any other fund or moneys of, or at the disposal of the Government; and
(b) from the proceeds of loans which are hereby authorised to be raised, whether in or outside Sri Lanka, for and on behalf of the Government, so however, that the aggregate of such proceeds does not exceed rupees four hundred and fifty seven thousand one hundred and fifty million five hundred and seventy thousand.
(2) The sum of rupees four hundred and seventy eight thousand five hundred and seven million six hundred and thirty two thousand referred to in subsection (1) may be expended as specified in the First Schedule to this Act.
(3) The provisions of subsection (1) shall have effect without prejudice to the provisions of any other written law authorising the raising of loans for and on behalf of the Government.
Financial provision in respect of certain activities of the Government for the financial year,2005.
(1) The receipts of the Government during the financial year, 2005, from each activity specified in Column I of the second Schedule to this Act shall be credited to the account of such activity, but the aggregate of receipts so credited shall be not less than the minimum limit specified in the corresponding entry in Column III of that Schedule. The net surplus, if any, of such activity, shall be paid to the Consolidated Fund before the expiry of six months after the close of the financial year, 2005.
(2) For the purpose of determining the net surplus under subsection (1), the following charges shall be set off against the revenue of each activity :"
(a) the working, establishment and other expenses of the activity whether paid or accrued, properly chargeable to the revenue of the activity ; and
(b) provision to cover the depreciation of the movable and immovable property of the activity.
(3) The expenditure incurred by the Government, during the financial year 2005, on each activity specified in Column I of the Second Schedule to this Act, shall be paid out of the receipts of the Government from such activity during that financial year but such expenditure shall not exceed the maximum limit specified in the corresponding entry in Column II of that Schedule.
(4) The debit balance, outstanding at the end of the financial year 2005, of any activity specified in Column 1 of the Second Schedule to this Act, shall not exceed the maximum limit specified in the corresponding entry in Column IV of that Schedule and the total liabilities of that activity at the end of that financial year shall not exceed the maximum limit specified in the corresponding entry in Column V of that Schedule.
Payment from the Consolidated Fund or any other fund or moneys of or at the disposal of, the Government, of advances for expenditure, on the activities referred to in section 3 during the financial year, 2005.
4. Whenever, at any time during the financial year, 2005, the receipts of the Government from any activity specified in column I of the Second Schedule to this Act, are insufficient to meet the expenditure incurred by the Government on such activity, the Minister may, from time to time, by Order direct that such sums as he may deem necessary to meet such expenditure shall be payable, by way of advances, out of the Consolidated Fund or any other fund or moneys of, or at the disposal of, the Government, so however, that the aggregate of the sums so advanced shall not exceed the maximum limit of expenditure specified in the corresponding entry in Column II of that Schedule. Any sum so advanced in respect of such activity shall be refunded to the Consolidated Fund in such manner as the Minister may by Order direct.
Power to transfer unexpended moneys allocated to Recurrent Expenditure another allocation within the same Programme or to another Programme under the same Head of expenditure.
(1) Any moneys which, by virtue of the provisions of the First Schedule to this Act, have been allocated to Recurrent Expenditure under any Programme appearing under any Head specified in that Schedule, but have not been expended or are not likely to be expended, may be transferred to the allocation of Capital Expenditure within that Programme, or to the allocation of Recurrent Expenditure or Capital Expenditure under any other Programme within that Head by order of the Secretary to the Treasury or any officer authorised by him.
(2) No moneys allocated to Capital Expenditure under any Programme appearing under any Head specified in the First Schedule to this Act shall be transferred out of that Programme or to any allocation of Recurrent Expenditure of that Programme.
(3) Subject to the provisions of subsection (2), any money allocated to Recurrent or Capital Expenditure under the "Public Resources Management" Programme appearing under the Head "Department of National Budget" specified in the First Schedule may he transferred to any other Programme under any other Head in the Schedule by order of the Secretary to the Treasury or any officer authorised by him. The money so transferred shall be deemed to have-been covered by a supplementary estimate submitted by the appropriate Minister.
Power of Minister to limit expenditure previously authorised.
6. Where the Minister is satisfied"
(a) that receipts from taxes and other sources will be less than the amounts anticipated to finance authorised expenditure ; or
(b) that amounts originally appropriated for a particular purpose or purposes are no longer required,
he may with the approval of the Government, withdraw in whole or in part, any amounts previously released for expenditure under the authority of a warrant issued by him from the Consolidated Fund or from any other fund or moneys of, or at the disposal of the Government to meet any authorised expenditure.
Power of Minister to vary the maximum and minimum limits specified in the Second Schedule to this Act.
(1) The Minister with the approval of the Government may on or before May 31, 2006, by Order, vary or alter"
(a) any of the maximum limits specified in Column II, Column IV and Column V ;
(b) the minimum limits specified in Column III
of the Second Schedule to this Act.
(2) No Order made under subsection (1) shall have effect unless it has been approved by Parliament, by resolution.
(3) Any Order made under subsection (1) shall, if so expressed therein, be deemed to have had effect from such date prior to the date of making such Order as may be specified therein.
Power Parliament to amend the Second Schedule to this Act.
8. Parliament may, by resolution, amend the Second Schedule to this Act, by adding to the appropriate Columns of that Schedule, any activity and providing for"
(a) all or any of the maximum limits relating to such activity;
(b) the minimum limit relating to such activity.
Sinhala text to prevail in case of inconsistency.
9. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.