What are the Special procedure in respect of Money Bills? What is the Definition of "Money Bills"? Article 198 and 199 of Constitution of India, 1949
Special procedure in respect of Money Bills and Definition of "Money Bills" are defined under Article 198 and 199 of Constitution of India 1949. Provisions under these Article are:
Article 198 of Constitution of India "Special procedure in respect of Money Bills"
(1) A Money Bill shall not be introduced in a Legislative
Council.(2) After a Money Bill has been passed by the
Legislative Assembly of a State having a Legislative
Council, it shall be transmitted to the Legislative Council
for its recommendations, and the Legislative Council shall
within a period of fourteen days from the date of its
receipt of the Bill return the Bill to the Legislative
Assembly with its recommendations, and the Legislative
Assembly may thereupon either accept or reject all or any of
the recommendations of the Legislative Council.
(3) If the Legislative Assembly accepts any of the
recommendations of the Legislative Council, the Money Bill
shall be deemed to have been passed by both Houses with the
amendments recommended by the Legislative Council and
accepted by the Legislative Assembly.
(4) If the Legislative Assembly does not accept any of
the recommendations of the Legislative Council, the Money
Bill shall be deemed to have been passed by both Houses in
the form in which it was passed by the Legislative Assembly
without any of the amendments recommended by the Legislative
Council.
(5) If a Money Bill passed by the Legislative Assembly and
transmitted to the Legislative Council for its
recommendations is not returned to the Legislative Assembly
within the said period of fourteen days, it shall be deemed
to have been passed by both Houses at the expiration of the
said period in the form in which it was passed by the
Legislative Assembly.
Article 199 of Constitution of India "Definition of
"Money Bills""
(1) For the purposes of this Chapter, a Bill shall be deemed
to be a Money Bill if it contains only provisions dealing
with all or any of the following matters, namely:-
(a) the imposition, abolition, remission, alteration or
regulation of any tax;
(b) the regulation of the borrowing of money or the giving
of any guarantee by the State, or the amendment of the law
with respect to any financial obligations undertaken or to
be undertaken by the State;
(c) the custody of the Consolidated Fund or the Contingency
Fund of the State, the payment of moneys into or the
withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the Consolidated Fund
of the State;
(e) the declaring of any expenditure to be expenditure
charged on the Consolidated Fund of the State, or the
increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund
of the State or the public account of the State or the
custody or issue of such money; or
(g) any matter incidental to any of the matters specified in
sub-clauses (a) to (f).
(2) A Bill shall not be deemed to be a Money Bill by reason
only that it provides for the imposition of fines or other
pecuniary penalties, or for the demand or payment of fees
for licences or fees for services rendered, or by reason
that it provides for the imposition, abolition, remission,
alteration or regulation of any tax by any local authority
or body for local purposes.
(3) If any question arises whether a Bill introduced in the
Legislature of a State which has a Legislative Council is a
Money Bill or not, the decision of the Speaker of the
Legislative Assembly of such State thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is
transmitted to the Legislative Council under Article 198,
and when it is presented to the Governor for assent under
Article 200, the certificate of the Speaker of the
Legislative Assembly signed by him that it is a Money Bill.