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State of Assam - Section

Section 46 in The Bodoland Autonomous Council Act, 1993

46. Council Fund.

(1)There shall be a find to be called the "Council Fund" under the separate Sub-Head within the State budget to be held for the purpose of this Act and all moneys realised or realisable under this Act and all moneys otherwise received by the General Council shall be credited thereto.
(2)The allocation made under this Sub-Head shall be in keeping with the guided lines laid down by the Government of India from time to time in spirit of the Constitution of India.
(3)The Government shall not divert the fund allocated under this Sub-Head except in exigencies when there is unavoidable budget deficit.
(4)All fund as may be allocated by the Central Government or the State Government for the General Council shall be assigned to it and shall be credited to such Council Fund.
(5)The General Council may, subject to the provisions of any law relating to the raising of loans, by local authorities, raise with the approval of the Government, loans for the purpose of this Act and create a sinking fund for the repayment of such loan.
(6)The money credited to the Council Fund shall be applied for payment of all sums, charges and costs necessary for carrying out the purposes of this Act.
(7)No payment shall be made out of the Council Fund unless such expenditure is covered by a current budget grant:Provided that the General Council may make payments in terms of refund of deposits by contractors or for urgent works undertaken in an emergency or required by the Government in the public interest or under the decree or order of a civil or criminal Court against the General Council and for such other cases as may be prescribed :Provided further that such expenditure shall be reported to the General Council for taking such action under the provisions of this Act as may appear to it to be feasible for covering the amount of such payments.
(8)Surplus moneys standing at the credit of the General Council at the end of the financial year shall be invested in accordance with such rules as may be made by General Council in this behalf ;provided that no funds standing at the credit of the General Council shall be lapsed but will be carried over to the budget of the next financial year.
(9)The General Council will make rules for the management of the Council Fund and for the procedure to be followed in respect of payment of moneys into the said Fund, withdrawal of moneys therefrom, the custody of moneys therein and any other matter incidental thereto or connected therewith.
(10)The accounts of the General Council shall be kept in such form as may be prescribed in consultation with the Accountant General.
(11)Subject to the provisions of the Comptroller and Auditor General's (Duties, Power and Conditions of Service) Act, 1971 and the rules and the orders made thereunder, the audit of the accounts of the General Council shall be entrusted by the Government to the Comptroller and Auditor General of India who may submit to the Government such report thereon as it may deem fit. The Government shall transmit the report to the General Council for discussion and consideration. The General Council shall return the report to the Government with comments, if any. The Government shall lay such reports with the comments of the General Council before the State Legislature.