Bombay Contingency Fund Rules, 1957

The Bombay Contingency Fund Rules, 1957

Published vide Notification No. G. N., F. D., No. CNF. 1057/B/1, dated 3rd August, 1957 (B. G., Part 4-B, page 1560)

mh671

In exercise of the powers conferred by section 4 of the Bombay Contingency Fund Act, 1956 (Bombay XLVI of 1956), the Government of Bombay hereby makes the following rules :-

1. These rules may be called the Bombay Contingency Fund Rules, 1957.
2. (1) No advances shall be made out of the Contingency Fund of the State, except for the purposes of meeting unforeseen expenditure including expenditure on a new service not contemplated in the annual financial statement pending authorisation of such expenditure by the State Legislature under appropriations made by law.

(2) Any application for advance from the Contingency Fund for the aforesaid purposes shall be made to the Secretary to the Government of Bombay. Finance Department, [* * *] in Form 'A' appended to these rules [along with seven copies thereof]. Such application shall be made at the time of referring proposals for expenditure to the Finance Department for its scrutiny.

[(3) Nothing in sub-rule (1) or any other rule shall be deemed to authorise making any token advance from the Contingency Fund for the purpose of meeting expenditure on any new service referred to in that sub-rule or for any other purpose whatsoever.]

[3. Whenever an advance from the Contingency Fund is sanctioned by Government in the Finance Department, that Department shall forward a copy of the order sanctioning such advance to the Accountant General, Maharashtra State, Bombay, in Form 'B' appended to these rules.

Note 1. - When an advance is sanctioned from the Contingency Fund, the amount shall continue to remain physically a part of that Fund and shall not go out of it till it is actually withdrawn and spent on the specific purpose for which the advance is sanctioned.

Note 2. - The order authorising an advance from the Contingency Fund shall not lapse with the close of the year, but shall lapse as soon as the Supplementary Appropriation Act, incorporating the grants authorised by the Legislature in the first or second session, as the case may be, summoned after the advance is sanctioned, is passed after having received the assent of the Governor unless it is cancelled under rule 8 in the interval.

4. No expenditure from the Contingency Fund shall be incurred by any Department in Sachivalaya until the advance for the purpose is sanctioned by Government, and the order sanctioning the scheme or item of expenditure for which such advance is sanctioned is communicated to the Accountant General, Maharashtra State, Bombay.]
5. The Administrative Department concerned shall not issue any orders authorising expenditure out of the Contingency Fund unless an advance from the Fund has been sanctioned by Government and a copy of the order sanctioning the advance has been forwarded to the Accountant General, under 2[rule 3].

Note 1. - Where the expenditure on an item is to be met wholly out of the advance from the Contingency Fund, the following direction shall be added to the order sanctioning expenditure from the said Fund

"The expenditure should be debited to the budget had........... and the amount of Rs. ............ should be met out of the advance from the Contingency Fund sanctioned in Government Memorandum, Finance Department, No. ............ dated the.......... A supplementary demand/appropriation to enable repayment to the Fund should be obtained at the first or the second session of the State Legislature, as may be practicable, after the date of this order.

Note 2. - Where a part of the expenditure on an item is to be met out of the advance from the Contingency Fund and the rest is to be incurred after obtaining a supplementary demand or appropriation, the following direction shall be added to the order sanctioning expenditure from the said Fund, namely :-

"The expenditure should be debited to the budget had .............. Out of the total expenditure involved in the order, the amount of Rs. ........... expected to be incurred up to........ should be made out of the advance from the Contingency Fund sanctioned in Government Memorandum, Finance Department No. ........... dated the........... For repayment of this advance to the Fund also for the rest of the expenditure which cannot be met from the sanctioned grant, a consolidated supplementary demand or appropriation should be obtained at the first or the second session of the State Legislature, as may be practicable, after the date of this order".

6. All Bills and Vouchers for the drawal of moneys from the advance from the Contingency Fund shall contain the words "Contingency Fund" prominently written in red ink at the top of the Bill or Voucher. This however, shall not dispensed with the necessity of furnishing the usual classification of the expenditure in the Bill or Voucher, as the case may be.
7. Supplementary estimates for all expenditure so financed shall be presented to the State Legislature at the first or second session, as may be practicable, summoned to meet immediately after the advance is sanctioned [the supplementary estimates for recoupment of the expenditure incurred out of an advance from the Contingency Fund both in the same financial year as well as in the previous financial year should be presented [under the Demand No. ......... including major, minor and sub-heads of account under which the expenditure is normally classifiable in accounts].] As soon as the State Legislature has authorised the additional expenditure by including it in any Supplementary Appropriation Act, the advances made from the Contingency Fund shall be resumed to the Fund.

Note 1. - While presenting to the State Legislature estimates for expenditure financed from the Contingency Fund a note to the following effect shall be appended to such estimates.

[Pending authorisation of the expenditure by the State Legislature for this item, a sum of Rs. .......... has been advanced from the Contingency Fund in Government Memorandum, Finance Department, No. ........... dated the........... An equivalent amount required to enable repayment to be made to that Fund phis an amount of Rs. ............. required for expenditure, on the scheme during the current financial year is, included in this supplementary demand/appropriation.]

[7A. Notwithstanding anything contained in the foregoing rules, the supplementary estimates for the expenditure incurred out of the advances from the Contingency Fund sanctioned during the period from the 20th January, 1975 to 21st February, 1975 (both inclusive), may be presented to the State Legislature not later than the third session summoned to meet after the said advances were sanctioned.]

[Note 2. - Where sums withdrawn from the Contingency Fund can be met wholly or partially from the sanctioned grants in the year in which the supplementary demand is presented, the demand/appropriation for the recoupment of the Contingency Fund should be for a token amount or only for that portion of the sum which cannot be met from the sanctioned grant. A supplementary demand or appropriation should be obtained as follows:-

(i) New Service. - The demand or appropriation should be for a token amount or for that portion of the sum which cannot be met from the sanctioned grant. The amount which can be met from the savings in the sanctioned grants should be clearly indicated in the explanatory memorandum. A note to the following effect shall be appended to the supplementary statement of expenditure :-

"The expenditure is on a new service. A sum of Rs. ........... has been advanced from the Contingency Fund in Government Memorandum, Finance Department, No. ......... dated.......... The amount can be found wholly/partially by re-appropriation of savings within the grant in the current financial year. A demand/appropriation for a token amount/the sum of Rs. ........ which cannot be met from the sanctioned grant is now presented."

(ii) Other than New Service. - The demand appropriation should be for the sum which cannot be met from the sanctioned grant].

8. If, in any case, after the order sanctioning in advance from the Contingency Fund has been issued in accordance with [rule 3]and before action is taken in accordance with rule 7, it is found that the advance sanctioned will remain wholly or party unutilised, an application shall be made to the sanctioning authority for cancelling or modifying the sanction, as the case may be.
9. All advances sanctioned from the Contingency Fund to meet expenditure in excess of the provision for the service included in an Appropriation (Vote on Account) Act shall be resumed to the Contingency Fund as soon as the Appropriation Act in respect of the expenditure on the service for the whole year, including the excess met from (he advances from the Contingency Fund has been passed.

[9A. If any expenditure has been incurred during any year by withdrawing an advance from the Contingency Fund and a supplementary demand or appropriation is not obtained during the same year for meeting such expenditure, then the funds for such expenditure shall be provided for in the next following year either by means of a token supplementary demand, if savings are available from the relevant grant in the annual financial statement or by a supplementary demand or appropriation for the full amount under the major, minor and sub head to which the expenditure is debitable in account.]

10. [x x x x x]
11. A copy of the order resuming the advance, which shall give a reference to a number and date of the order under which the original advance was made and to the Supplementary Appropriation Act referred to in rule 7 or the Appropriation Act referred to in rule 9, as the case may be, shall be forwarded by the Finance Department to the Accountant General, Bombay.

[12. (1) Separate accounts relating to the transactions of the Contingency Fund shall be maintained and verification of expenditure shall be carried on the Controlling Officers. Actual expenditure incurred against advances from the Fund shall be recorded in the account relating to the Fund in the same details as it would have been shown if it had been paid out of the Consolidated Fund of the State.

(2) The Controlling Officers shall reconcile the accounts of the Contingency Fund maintained by them with the accounts maintained by the Accountant General, Maharashtra State, Bombay or as the case may be by the Senior Deputy Accountant General, Nagpur, at the time of carrying out the periodical reconciliation of expenditure booked under the Consolidated Fund.]

13. Actual expenditure incurred against advances from the Contingency Fund shall be recorded in the amount relating to the Contingency Fund in the same details as it would have been shown if it had been paid out of the Consolidated Fund of the State.

[Form 'A']

(See rule 2)

Application for advance from the Contingency Fund

Under Secretary to Government ............... Department.

Note. - In the "Remarks" column the fact whether the expenditure is in respect of an item included in the current plan or not should also be indicated.

Form B'

(See rule 3)

No.

Government of Maharashtra, Finance Department, Sachivalaya, Bombay.

Subject : Advance from the Contingency Fund.

Memorandum

The undersigned presents compliments to the Accountant General, Maharashtra State, Bombay and is directed to State that the Government is pleased to sanction an advance of Rs. .......... from the Contingency Fund of this State, for the expenditure to be incurred by the........... Department on the following item of expenditure which will be eventually debitable to the head of account mentioned against the item Description of the item or scheme Demand No.. Major Head, Minor for which advance is sanctioned. Head and Sub-head.

2. A copy of the application for advance from the Contingency Fund is forwarded herewith.

By order and in the name of the Governor of Maharashtra, Under Secretary to the Government of Maharashtra, Finance Department.

Copy to -

1. ..............................Department with reference to its Unofficial reference No. ............. dated
2. The Senior Deputy Accountant General, Maharashtra State, Nagpur.
3. The Resident Audit Officer, Bombay.
4. The Pay and Accounts Officer, Bombay.

Form C'

(See rule 11)

Transaction of the Contingency Fund of the State maintained by Finance Department

Amount of the Fund Rs. 7,00,00.000

* In column 12, the Supplementary Appropriation Act providing for additional expenditure in question may be mentioned.

Form 'D'

(Deleted by G. N., F. D., No. CNF. 1062-XVII, dated 31st March, 1962 (M. G., Part IV-B, p. 1501))