Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BOMBAY CHARGED EXPENDITURE ACT, 1957 5 of 1957 [20th March, 1957] CONTENTS 1. Short title 2 . Repeals and enactment providing for charging certain expenditure on the Consolidated Fund of the State SCHEDULE 1 :- SCHEDULE1 BOMBAY CHARGED EXPENDITURE ACT, 1957 5 of 1957 [20th March, 1957] An Act to provide that certain expenditure shall be charged on the Consolidated Fund of the State. Whereas it is expedient to declare certain expenditure to be charged on the Consolidated Fund of the State, and for that purpose repeal and enact afresh certain provisions relating thereto in certain enactments; It is hereby enacted in the Eighth Year of the Republic of India as follows :- 1. Short title :- This Act may be called the Bombay Charged Expenditure Act, 1957. 2. Repeals and enactment providing for charging certain expenditure on the Consolidated Fund of the State :- (1) In the Schedule the provisions "mentioned in column 2 thereof the enactments set out in column 1, shall with effect from the 1st day of November, 1956 be deemed to have been repealed , and with effect from that date the provisions in column 3 of the Schedule shall be deemed to have been inserted in their place. (2) The Bombay Charged Expenditure Act, 1950 and the Madhya Pradesh Consolidated Fund (Charged Expenditure) Act, 1950 are repealed. SCHEDULE 1 SCHEDULE1 SCHEDULE Enactments Provisions Repealed Provisions inserted 1. 2. 3. 1 . The Bombay Motor Vehicles Tax Act , 1935 ( Bom. XXXIV of 1935). Section 9 (4). "(4) The contributions made under sub-section(2) and the excess amount transferred to a separate accont under subsection (3) shall be charged on the Consolidated Fund of the State. Explanation :- 'Road' includes the slopes , berms and side drains of a road , all bridges, culverts and causeways built on and across a road and footways. II. The Bombay Famine Relief Section 7(2) "(2) If the accounts so made up show that the balance in the Fund at the end of Fund Act. 1936 (Bom. XIX of 1936). such year falls short of the sum determined by the State Government under the proviso to Section 5, the deficiency shall be made up from the Consolidated Fund of the State: Provided that if the deficiency exceeds such sum as may be determined by the State Government in this behalf it may be made up in annual instalments, the amount of each installment except the last being not less than such sum." Do. Section 7 (3) "(3) Any expenditure incurred by the State Government under sub-section (2) shall be charged on the Consolidated Fund of the State." III. The Bombay Sales of Motor Spirit Taxation Act, 1946. (Bom. VI of 1946). Section 5-A 5-A. Utilization of Proceeds of tax :- (1) The proceeds of the tax and penalties other than the fines recovered under this Act shall first be credited to the Consolidated Fund of the State (2) After deducting from the said proceeds such sums not exceeding 50 per cent of the said proceeds , as the State Government may determine in this behalf, the remaining amount shall be entered in and transferred to the State Road Fund referred to in sub-section (3) of Section 9 of the Bombay Motor Vehicles Tax Act , 1935, and shall , subject to the provisions of the said sub-section (3) be expended in the manner and for the purpose stated in the said sub- section (3). (3) The amount transferred to the State Road Fund under sub-section (2) shall be charged on the Consolidated Fund of the State." IV. The Bombay Sugarcane Cess Act , 1948 (Bom. LXXXII of l948). Section 11(1) " (1) The proceeds of the cess and fees recovered under this Act shall first be credited to the Consolidated Fund of the State and shall after deduction of the expenses of collection and recovery be shown into and transferred to a separate fund called the Bombay Sugarcane Cess Fund ." Do. Section 11 (3) "(3) Any amount transferred to the Bombay Sugarcane Cess Fund in accordance with the provisions of subsection (1) shall be charged on the Consolidated Fund of the State ." V. The Central Provinces and Berar Grants-in-aid to Local Bodies Act, 1939 (C.P. and Berar XXXV of 1939). Section 4 "4. Expenditure to be charged :- The sum of money required to meet the expenditure by the State Government under Section 3 shall be charged on the Consolidated Fund of the State." VI. The Central Provinces and Berear Motor Vehicles Taxation Act , 1947 (C.P.and Berar VI of 1947). Section 7 (2) (2) Any sum payable under subsection (1) shall be charged on the Consolidated Fund of the State." VII. The Central Provinces and Berar Revocation of Land Revenue Exemptions Act, 1948 (C.P. and Berar XXXVII of 1948). Section 5 (4) "(4) Any amount sanctioned by way of grant of money or pension under this section shall be charged on the Consolidated Fund of the State." VIII. The Central Provinces and Berar Local Govt. Act , 1948. (C.P. and Berar XXXVII of 1948). Section 97-A (3) [as inserted by Madhya Pradesh Local Gover- nment (Third Amen-dment) Act 1953]. "(3) The State Government shall , every year, pay to each Janapada from Consolidated Fund of the State a grant -in-aid approximately equal to the extra duty realised under sub-section (1) in respect of the property situated within the area of such Janapada Do Section 97-A (5) [as inserted by Madhya Pradesh Local Government (Third Amendment) "(5) The sum of money required to meet the expenditure by the State Government under sub-section (3) shall be charged on the Consolidated Fund of the State ." Act, 1953]. IX. The Saurashtra Famine Relief Fund Act, 1951 (Sau XIV of 1951). Section 7 (2) "(2) If the accounts so made up show that the balance in the Fund at the end of each year falls short of one hundred lakhs of rupees , the deficiency shall be made up from the Consolidated Fund of the State. Provided that if the deficiencies exceeds five lakhs of rupees , it may be made up in annual instalments , the amounts of each instalment except the last being not less than five lakhs of rupees." Do Section 7 (3) "(3) The expenditure in current by the State Government under sub-section (2) shall be charged on the Consolidated Fund of the State." X. The Saurashtra Land Reforms Act, 1951 (Sau XXV of 1951). Section 41 "41. Payments to be charged :- The payments to be made by the Government to a Girasdar as compensation under this Act shall be expenditure charged on the Consolidated Fund of the State."