Susant-Achary/constitution-of-india-dataset

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by law provide in respect of a trade or business of any kind carried on by, or on
behalf of, the Government of a State, or any operations connected therewith, or
any property used or occupied for the purposes of such trade or business, or any
income accruing or arising in connection therewith.
(3) Nothing in clause (2) shall apply to any trade or business, or to any
class of trade or business, which Parliament may by law declare to be incidental
to the ordinary functions of Government.

143

THE CONSTITUTION OF INDIA

290. Adjustment in respect of certain expenses and pensions.—
Where under the provisions of this Constitution the expenses of any court or
Commission, or the pension payable to or in respect of a person who has served
before the commencement of this Constitution under the Crown in India or
after such commencement in connection with the affairs of the Union or of a
State, are charged on the Consolidated Fund of India or the Consolidated Fund
of a State, then, if—
(a) in the case of a charge on the Consolidated Fund of India, the
court or Commission serves any of the separate needs of a State, or the
person has served wholly or in part in connection with the affairs of a
State; or
(b) in the case of a charge on the Consolidated Fund of a State, the
court or Commission serves any of the separate needs of the Union or
another State, or the person has served wholly or in part in connection
with the affairs of the Union or another State,
there shall be charged on and paid out of the Consolidated Fund of the State or,
as the case may be, the Consolidated Fund of India or the Consolidated Fund of
the other State, such contribution in respect of the expenses or pension as may
be agreed, or as may in default of agreement be determined by an arbitrator to
be appointed by the Chief Justice of India.

291- (1) Where under any covenant or agreement
entered into by the Ruler of any Indian
State before the commencement of this
Constitution, the payment of any sums,
free of tax, has been guaranteed or assured by the Govern-
ment of the Dominion of India to any Ruler of such State
as privy purse
(a) such sums shall be charged on, and paid out of,
the Consolidated Fund of India ; and
(b) the sums so paid to any Ruler shall be exempt
from all taxes on income.
(2) Where the territories of any such Indian State as
aforesaid are comprised within a State specified in Part A
or Part B of the First Schedule, there shall be charged on,
and paid put of, the Consolidated Fund of that State such
contribution, if any, in respect of the payments made by the
Government of India under clause (1) and for such period
as may, subject to any agreement entered into in that behalf
under clause (1) of article 278, be determined by order of
the President.



CHAPTER II.—BORROWING
292. Borrowing by the Government of India.—The executive power
of the Union extends to borrowing upon the security of the Consolidated Fund
of India within such limits, if any, as may from time to time be fixed by
Parliament by law and to the giving of guarantees within such limits, if any, as
may be so fixed.
293. Borrowing by States.—(1) Subject to the provisions of this article,
the executive power of a State extends to borrowing within the territory of India
upon the security of the Consolidated Fund of the State within such limits, if any,
as may from time to time be fixed by the Legislature of such State by law and to
the giving of guarantees within such limits, if any, as may be so fixed.

144

THE CONSTITUTION OF INDIA

(2) The Government of India may, subject to such conditions as may be
laid down by or under any law made by Parliament, make loans to any State or,
so long as any limits fixed under article 292 are not exceeded, give guarantees
in respect of loans raised by any State, and any sums required for the purpose
of making such loans shall be charged on the Consolidated Fund of India.
(3) A State may not without the consent of the Government of India raise
any loan if there is still outstanding any part of a loan which has been made to
the State by the Government of India or by its predecessor Government, or in
respect of which a guarantee has been given by the Government of India or by
its predecessor Government.
(4) A consent under clause (3) may be granted subject to such
conditions, if any, as the Government of India may think fit to impose.
CHAPTER III.—PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,
OBLIGATIONS AND SUITS
294. Succession to property, assets, rights, liabilities and obligations
in certain cases.—As from the commencement of this Constitution—
(a) all property and assets which immediately before such
commencement were vested in His Majesty for the purposes of the
Government of the Dominion of India and all property and assets which
immediately before such commencement were vested in His Majesty for
the purposes of the Government of each Governor’s Province shall vest
respectively in the Union and the corresponding State, and
(b) all rights, liabilities and obligations of the Government of the
Dominion of India and of the Government of each Governor's Province,
whether arising out of any contract or otherwise, shall be the rights,
liabilities and obligations respectively of the Government of India and
the Government of each corresponding State,
subject to any adjustment made or to be made by reason of the creation before

by law provide in respect of a trade or business of any kind carried on by, or on

behalf of, the Government of a State, or any operations connected therewith, or

any property used or occupied for the purposes of such trade or business, or any

income accruing or arising in connection therewith.

(3) Nothing in clause (2) shall apply to any trade or business, or to any

class of trade or business, which Parliament may by law declare to be incidental

to the ordinary functions of Government.

143

THE CONSTITUTION OF INDIA

290. Adjustment in respect of certain expenses and pensions.—

Where under the provisions of this Constitution the expenses of any court or

Commission, or the pension payable to or in respect of a person who has served

before the commencement of this Constitution under the Crown in India or

after such commencement in connection with the affairs of the Union or of a

State, are charged on the Consolidated Fund of India or the Consolidated Fund

of a State, then, if—

(a) in the case of a charge on the Consolidated Fund of India, the

court or Commission serves any of the separate needs of a State, or the

person has served wholly or in part in connection with the affairs of a

State; or

(b) in the case of a charge on the Consolidated Fund of a State, the

court or Commission serves any of the separate needs of the Union or

another State, or the person has served wholly or in part in connection

with the affairs of the Union or another State,

there shall be charged on and paid out of the Consolidated Fund of the State or,

as the case may be, the Consolidated Fund of India or the Consolidated Fund of

the other State, such contribution in respect of the expenses or pension as may

be agreed, or as may in default of agreement be determined by an arbitrator to

be appointed by the Chief Justice of India.

291- (1) Where under any covenant or agreement

entered into by the Ruler of any Indian

State before the commencement of this

Constitution, the payment of any sums,

free of tax, has been guaranteed or assured by the Govern-

ment of the Dominion of India to any Ruler of such State

as privy purse

(a) such sums shall be charged on, and paid out of,

the Consolidated Fund of India ; and

(b) the sums so paid to any Ruler shall be exempt

from all taxes on income.

(2) Where the territories of any such Indian State as

aforesaid are comprised within a State specified in Part A

or Part B of the First Schedule, there shall be charged on,

and paid put of, the Consolidated Fund of that State such

contribution, if any, in respect of the payments made by the

Government of India under clause (1) and for such period

as may, subject to any agreement entered into in that behalf

under clause (1) of article 278, be determined by order of

the President.

CHAPTER II.—BORROWING

292. Borrowing by the Government of India.—The executive power

of the Union extends to borrowing upon the security of the Consolidated Fund

of India within such limits, if any, as may from time to time be fixed by

Parliament by law and to the giving of guarantees within such limits, if any, as

may be so fixed.

293. Borrowing by States.—(1) Subject to the provisions of this article,

the executive power of a State extends to borrowing within the territory of India

upon the security of the Consolidated Fund of the State within such limits, if any,

as may from time to time be fixed by the Legislature of such State by law and to

the giving of guarantees within such limits, if any, as may be so fixed.

144

THE CONSTITUTION OF INDIA

(2) The Government of India may, subject to such conditions as may be

laid down by or under any law made by Parliament, make loans to any State or,

so long as any limits fixed under article 292 are not exceeded, give guarantees

in respect of loans raised by any State, and any sums required for the purpose

of making such loans shall be charged on the Consolidated Fund of India.

(3) A State may not without the consent of the Government of India raise

any loan if there is still outstanding any part of a loan which has been made to

the State by the Government of India or by its predecessor Government, or in

respect of which a guarantee has been given by the Government of India or by

its predecessor Government.

(4) A consent under clause (3) may be granted subject to such

conditions, if any, as the Government of India may think fit to impose.

CHAPTER III.—PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,

OBLIGATIONS AND SUITS

294. Succession to property, assets, rights, liabilities and obligations

in certain cases.—As from the commencement of this Constitution—

(a) all property and assets which immediately before such

commencement were vested in His Majesty for the purposes of the

Government of the Dominion of India and all property and assets which

immediately before such commencement were vested in His Majesty for

the purposes of the Government of each Governor’s Province shall vest

respectively in the Union and the corresponding State, and

(b) all rights, liabilities and obligations of the Government of the

Dominion of India and of the Government of each Governor's Province,

whether arising out of any contract or otherwise, shall be the rights,

liabilities and obligations respectively of the Government of India and

the Government of each corresponding State,

subject to any adjustment made or to be made by reason of the creation before