Appropriation

Link to law: http://www.lawnet.lk/process.php?st=2002Y0V0C6A&hword=%27%27&path=2
Published: 2002

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Appropriation
Appropriation




AN ACT TO PROVIDE FOR THE SERVICE OF THE FINANCIAL YEAR 2002, TO AUTHORISE THE RAISING OF LOANS IN OR OUTSIDE SRI LANKA, FOR THE PURPOSE OF SUCH SERVICE, TO MAKE FINANCIAL PROVISIONS IN 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 KIND 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 TO.








BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-



[11th April

, 2002 ]













Short title.



1.This Act may be cited as the Appropriation Act, No 6 of 2002



Appropriation for financial year 2002 .



2.





(1) Without prejudice to any other law authorising any expenditure, the expenditure of the Government which it is estimated will be rupees three hundred and forty eight thousand seven hundred and sixty one million two hundred and fifty nine thousand lot the service of the period beginning on January 1, 2002 and ending on December 31, 2002, in this Act referred to as the "financial year 2002", 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 three hundred and forty eight thousand five bundled and twenty six million tour hundred and sixty seven thousand



(2)The sum of rupees three hundred and forty eight thousand seven hundred and sixty one million two hundred and fifty nine 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 rising of loans for and on behalf of the Government.



Financial provision in respect of certain activities of the Government for the financial year, 2002



3.





(1) The receipts of the Government during the financial year 2002, 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, 2002.



(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, 2002, 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 2002, of any activity specified in column I 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 shall not exceed the maximum limit specified in the corresponding entry in column V of that Schedule



Payment from the Consolidated Fund and 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, 2002.



4. Whenever, at any time during the financial yea, 2002, 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 Older 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 An\ 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 to another allocation within the same Programme or to another Programme under the same Head of expenditure.



5.





(1)Any moneys which by virtue 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 Recurrent 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 other 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



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.



7.





(1) The Minister with the approval of the Government may, on or before May 31, 2003, 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 of 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





(a)all or any of the maximum limits relating to such activity ;



(b)the minimum limit relating to such activity.



Expenditure and advances authorised under Article 150(3) to be included in the First and Second Schedules, respectively to this Act.



9. Financial provisions for the service of the period commencing on January 1, 2002, and ending on March 19, 2002 has been authorized by the President under paragraph (3) of Article 150 of the Constitution on November 6 2001, and therefore





(a)all sums of money which have been expended during period from moneys allocated by that authorization this Act to any programme appearing under any Head specified in the First Schedule to that authorization, shall, for all purposes, be included in the moneys allocated to the corresponding Programme appearing under the corresponding Head under this Act,



(b) any moneys so allocated which have not been expended on the day immediately prior to the date of commencement of this Act, shall, for all purposes, be included in the moneys allocated to the corresponding Programme appealing under the corresponding Head under this Act,



(c) any sums paid by way of advances, out of the Consolidated Fund, during that period in respect of the activities specified in the Second Schedule to that authorization, shall, for all purposes, be included in the moneys allocated to the corresponding activities appearing in the Second Schedule to this Act,



Certain Expenditure and advances to be deemed to have been incurred and made respectively under the authority of this Act and certain moneys to be deemed to be included in the First schedule to this Act.



10.Notwithstanding anything in the resolution passed by Parliament on February 7,2002, making financial provision for the service of the period commencing on March 19, 2002 and ending on the day immediately prior to the date of commencement of this Act.





(a)any sums of money which have been expended during that period from moneys allocated by that resolution to any Programme appearing under any Head specified in the First Schedule to that resolution,shall be deemed, for all purposes, not to have been expended under the authority of that resolution but to have been expended under the authority of this Act;



(b) any moneys so allocated which have not been expended on the day immediately prior to the date of commencement of this Act, shall he deemed, for all purposes, to be included in the moneys allocated to the corresponding Programme appearing under the corresponding Head under this Act, and



(c) any sums paid, by way of advances, out of the Consolidated Fund, during the period commencing on March 19, 2002, and ending on the day immediately prior to the date of commencement of this Act, in respect of the activities specified in the Second Schedule to that resolution, shall be deemed. for ail purposes, not to have been so advanced under the authority of that resolution but to have been so advanced under the authority of this Act



Sinhala text to prevail in case of inconsistency.



11. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
Schedules