Jammu and Kashmir act 012 of 2006 : The JAMMU AND KASHMIR FISCAL RESPONSIBILITY AND BUDGET MANAGEMENT ACT, 2006

Section 1.Short title and commencement.

(1) This Act may be called the Jammu and Kashmir Fiscal Responsibility and Budget Management Act, 2006.

(2) It shall come into force on such date as the Government may, by notification in the ^*[Government Gazette], appoint in this behalf.

* Now “Official Gazette”.

Section 2.Definitions

In this Act, unless the context otherwise requires,

(a) ‘Act’ means the Jammu and Kashmir Fiscal Responsibility and Budget Management Act, 2006 ;

¹[(b) ‘budget’ means the Annual Financial Statement laid before the Legislative Assembly of the Union territory of Jammu and Kashmir under section 41 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) ;]

(d) ‘ensuing year’ means the financial year for which the budget is presented ;

(e) ‘financial year’ means the year beginning on the 1st day of April of a year and ending on 31st March of the year next following ;

(f) ‘fiscal deficit’ is the excess of aggregate disbursements (net of debt repayments) over revenue receipts, recovery of loans and non-debt capital receipts ;

(g) ‘fiscal indicators’ are such indicators as may be prescribed for evaluation of the fiscal position of the Government ;

(h) ‘fiscal targets’ are the numerical ceilings and proportions to total revenue receipts (TRR) or GSDP for the fiscal indicators ;

(i) ‘GSDP’ means Gross State Domestic Product at current market prices ;

²[(j) Government’ means Government of the Union territory of Jammu and Kashmir ;]

(k) ‘prescribed’ means prescribed by the rules made under this Act ;

(l) ‘previous year’ means the year preceding the current year ;

(m) ‘revenue deficit’ is the excess of the revenue expenditure over total revenue receipts (TRP) ;

Explanation: ‘Total revenue Receipts’ (TRR) includes States own receipts (both tax and non-tax) and current transfers from the Centre (comprising grants and States share of Central taxes).

(n) ‘revenue surplus’ is the excess of the total revenue receipts over revenue expenditure ;

(o) ‘total liabilities’ means the liabilities under the Consolidated Fund of the State and the Public Account of the State and includes borrowings by the public sector undertakings an the special purpose vehicles and other equivalent instruments including guarantees where the principal and/or interest are to be serviced out of the budget.

1. Clause (b) substituted by S.O. 1229 (E) dated 31.03.2020
2. Clause (j) substituted by S.O. 1229 (E) dated 31.03.2020

Section 3. Fiscal Management Objectives.

The Government shall––

(a) take appropriate measures to strengthen the revenue surplus and thereafter build up adequate revenue surplus at a sustainable level, and utilize such surplus for discharging the liabilities in excess of the assets or for funding capital expenditure ;

(b) pursue policies to raise non-tax revenue with due regard to cost recovery and equity ;

(d) expenditure policies that would provide impetus for economic growth, poverty reduction and improvement in human welfare/standard of life.

Section 4.Fiscal Management Principles.

The Government shall be guided by the following fiscal management principles, namely: ––

(a) transparency in settling the fiscal policy objectives, the implementation of public policy and the publication of fiscal information so as to enable the public to scrutinize the conduct of fiscal policy and the state of public finances ;

(b) stability and predictability in fiscal policy making process and in the manner in which fiscal policy impacts the economy ;

(d) fairness to ensure that policy decisions of the Government are taken having due regard to their financial implications on future generations ; and

(e) efficiency in the design an implementation of the fiscal policy and in managing the assets and liabilities of the public sector balance sheet.

Section 5.Fiscal Policy Statements to be laid before the Legislature of the Union territory of Jammu and Kashmir.

Fiscal Policy Statements to be laid before the ¹[Legislature of the Union territory of Jammu and Kashmir].The Government shall in each financial year lay before ²[Legislative Assembly of the Union territory of Jammu and Kashmir], the following statements of fiscal policy alongwith the budget, namely:

(a) the macroeconomic Framework Statement ;

(b) the Medium Term Fiscal Policy Statement ; and

1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Legislature”.
2. Substituted ibid for “each House of State Legislature”.

Section 6.Macroeconomic Framework Statement

The Macroeconomic Framework Statement, in such form as may be prescribed, shall contain an overview of the ¹[economy of Union territory of Jammu and Kashmir], an analysis of growth and sectoral composition of GSDP, an assessment related to ²[Government of the Union territory of Jammu and Kashmir] finances and future prospects.

1. Substituted by S.O. 1229 (E) dated 31.03.2020 for State economy.
2. Substituted ibid for State Government.

Section 7.Medium Term Fiscal Policy Statement.

(1) The Medium Term Fiscal Policy Statement shall set forth in such form as may be prescribed the fiscal management objectives of the Government and three year rolling targets for the prescribed fiscal indicators with clear enunciation of the underlying assumptions.

(2) In particular and without prejudice to the provisions contained in sub-section (1), the Medium Term Fiscal Policy Statement shall include the various assumptions behind the fiscal indicators an assessment of sustainability relating to––

(i) the balance between revenue receipts and revenue expenditure ;

³[(ii) the use of capital receipts for creation andor maintenance of productive assets and the borrowings over and above existing fiscal deficit limit for the purpose of clearing past liabilities and/or creating fresh assets] ;

(iii) the estimated yearly pension liabilities worked out on actuarial basis for the next ten years :

Provided that in case it is not possible to calculate the pension liabilities on actuarial basis during the period of first three years after the enforcement of the Act, the Government may, during that period, estimate the pension liabilities by making forecasts on the basis of trend growth rates.

3. Clause (ii) of sub-section (2) substituted by Act III of 2018, s. 2.

Section 8. Fiscal Policy Strategy Statement

The Fiscal Policy Strategy Statement shall be in such form as may be prescribed and shall contain, inter alia ––

(i) the fiscal policies of the Government for the ensuing year relating to taxation, expenditure, borrowings and other liabilities (including borrowings by Public Sector Undertakings and Special Purpose Vehicle and other equivalent instruments where liability for repayment is on the Government), lending, investments, other contingent liabilities, user charges on public goods/utilities and description of other activities, such as guarantees and activities of Public Sector Undertakings which have potential budgetary implications ;

(ii) the strategic priorities of the Government in the fiscal area for the ensuing year ;

(iii) the key fiscal measures and the rationale for any major deviation in fiscal measures pertaining to taxation, subsidy, expenditure, borrowings and user charges on public goods/utilities ; and

(iv) an evaluation of the current policies of the Government viz-a-viz the fiscal management principles set out in section 4, the fiscal objectives set out in the Medium Term Fiscal Policy Statement in sub-section (1) of section 7 and fiscal targets set out in section 9.

Section 9.Fiscal Targets.

Section 10.Measures for Fiscal Transparency.

(1) The Government shall take suitable measures to ensure greater transparency in its fiscal operations in the public interest and minimize as far as practicable, secrecy in the preparation of the budget.

(2) In particular and without prejudice to the generality of the foregoing provisions, the Government shall, at the time of presentation of the budget, make disclosures on the following, alongwith detailed information in such forms as may be prescribed: ––

(a) the significant changes in the accounting standards, policies and practices affecting or likely to affect the computation of fiscal indicators ;

(b) details of borrowings by way of Ways and Means Advances/Overdraft availed of from the Reserve Bank of India.

(3) Whenever the Government undertakes to unconditionally and substantially repay the principal amount and/or pay the interest of any separate legal entity, it has to reflect such liability as the borrowings of the State.

Section 11.Measures of Enforce Compliance.

Section 12.Power to make rules.

(1) The Government may, by notification in the ³[Official Gazette], make rules for carrying out the provisions of the Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:––

(a) the form of the Macroeconomic Framework Statement under section 6 ;

(b) the form of Medium Term Fiscal Policy Statement, including the targets for the fiscal indicators, under section 7 ;

(d) the forms for disclosure under sub-section (2) of section 10 ;

(e) measures to enforce compliance ;

(f) the manner of review of compliance of the provisions of the Act by the independent agency under section 11; and

(g) any other matter which is required to be, or may be, prescribed.

3. Substituted ibid for Government Gazette.

Section 13.Rules to be laid before Legislature.

Every rule made under the Act shall be laid, as soon as may be after it is made, ¹[before Legislative Assembly of the Union territory of Jammu and Kashmir], while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, ²[the Legislative Assembly] agree in making any modification in the rule or ²[the Legislative Assembly] agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “before each House of State Legislature”.
2. Substituted ibid for “the Houses

Section 14.Protection of action taken in good faith.

No suit, prosecution or other legal proceedings shall lie against the Government or any Officer of the Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

Section 15. Application of other laws not barred.

The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

Section 16.Power to remove difficulties.

(1) If any difficulty arises in giving effect to the provisions of the Act, the Government may, by order published in the ¹[Official Gazette], make such provisions, not inconsistent with the provisions of the Act, as may appear to be necessary for removing the difficulty :

Provided that no order shall be made under this section after the expiry of two years from the commencement of the Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, ^*[before each House of] the ²[Legislative Assembly of the Union territory of Jammu and Kashmir].

1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government Gazette”.
* Words within brackets have become obsolete and need to be omitted.
2. Substituted by S.O. 1229 (E) dated 31.03.2020 for “State Legislature”.