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constituent assembly of india debates (proceedings)- volume vii

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may, in any case where under this Part <strong>of</strong> this Constitution the proceeds <strong>of</strong> any duty or tax are, or may<br />

be, assigned to any unit, provide for the manner in which the proceeds are to be calculated, for the time<br />

from or at which and the manner in which any payments are to be made, for the making <strong>of</strong> adjustments<br />

between one financial year and another, and for any other incidental or ancillary matters."<br />

New Clause 202-A and 202-B. - After clause 202, insert the following clauses, namely: --<br />

"202-A. Finance Commission. - (1) There shall be a Finance Commission which shall consist <strong>of</strong> a<br />

Chairman and four other members to be appointed by the President in his discretion.<br />

(2) The Chairman shall be a person who holds or has held judicial <strong>of</strong>fice not inferior in rank to that <strong>of</strong><br />

a Judge <strong>of</strong> a High Court.<br />

(3) The members <strong>of</strong> the Commission shall receive such remuneration as the President may by order<br />

determine and shall hold <strong>of</strong>fice for a term <strong>of</strong> five years and may on the expiry <strong>of</strong> such term be reappointed<br />

for another term <strong>of</strong> five years.<br />

(4) It shall be the duty <strong>of</strong> the Commission to perform the functions conferred on the Commission by<br />

this Chapter or by any other law for the time being in force and to give advice to the Federal Government<br />

upon such financial matters or to perform such other duties <strong>of</strong> a financial character as may from time to<br />

time be referred or assigned to it by the President.<br />

(5) The Commission shall determine its procedure and shall have such powers in the performance <strong>of</strong><br />

its function as the President may by order confer on it.<br />

202-B. Recommendations <strong>of</strong> the Finance Commission. - The President shall cause every<br />

recommendation made by the Finance Commission under the foregoing provisions <strong>of</strong> this Chapter<br />

together with an explanatory memorandum, as to the action taken thereon by the President to be laid<br />

before the Federal Parliament."<br />

Clause 207. - To clause 207, add the following Explanation, namely: --<br />

"Explanation. -- For the purposes <strong>of</strong> this section, any undertaking by the Government <strong>of</strong> any unit,<br />

such as the sale <strong>of</strong> the forest produce <strong>of</strong> any forest under the control <strong>of</strong> such unit or <strong>of</strong> any article<br />

produced in any jail within such unit, shall not be deemed to be a trade or business, carried on by or on<br />

behalf <strong>of</strong> such Government."<br />

Provisions relating to borrowing<br />

Clause 210. -- In sub-clause (3) <strong>of</strong> clause 210, for the word "Province", in the two places where it<br />

occurs, substitute the word "unit".<br />

Ninth Schedule<br />

Provincial Legislative Lists<br />

In the Provincial Legislative List in the Ninth Schedule --<br />

(1) in entry 43, omit the words "hearths and windows";

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