Example of National Parliament Project




Bangladesh (Monogram) Gadget
Additional Number
Published by Authority

Tuesday, July- 9, 2009

Bangladesh National Parliament
Dhaka, 9th July, 2009/ 25th Ashar, 1416
Approved by national parliament the law as written bellow in 9th July, 2009 (25th Ashar, 1416) dated has got agreement of the president and the law is publishing to inform the mass people:-

40 no Law of 2009
Preserving government property, paying money in related fund and withdrawing money from there or paying money is in the account of republic government or withdrawing money from there and making law as regulation on regarding related subjects.

As though according to the 85 passage of the Government of the People’s of Bangladesh constitution, paying money in related fund or withdrawing from the fund, deficiency in budget and making government loan in appropriate position intra- generation equality maintaining, overall developing sustainable economic and transparency in budget and making sure the answer and it is necessary and considerate to make regulation regarding related subjects;

So therefore the bellow laws have been made:-
1st Part
Introduction
1. Brief Title and Introduction.- (1) This law will be called government finance and budget management law, 2009.

(2) It will be effective soon.
(5503)
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5504                            Bangladesh Gadget, Additional, July- 9, 2009

2. Definition. If anything against the subject or matter, in this law-

(1) ‘Fiscal Year’ Fiscal Year as mentioned in the section 152 of constitution;

(2) ‘Finance Department’ meaning Finance Department of Finance Ministry of Government of the People’s Republic of Bangladesh;

(3) ‘Other Organization’ meaning the person or organization related to the responsible expenditure fund as mentioned in the section 88 of constitution;

(4) ‘Waste’ meaning for the purpose the finance has been booked in yearly budget, not using money in that purpose using money in other purpose;

(5) ‘Debt Receiving’ meaning receiving finance from inside or outside of Bangladesh by government which is mandatory to pay.

(6) ‘Debt Paying’ meaning paying debt to any individual or government by the government with interest or without interest which has a obligation to repay.

(7) ‘Guarantee’ meaning as taking debt for governmental or autonomic organization and giving guarantee by the government if unable to pay the received organization the government is obliged to pay the debt with interest and conditions.

(8) ‘Office’ meaning any office or sub- office under any ministry.

(9) ‘Debt responsible Expenditure’ meaning responsible expenditure related fund as per the section 88 of constitution.

(10) ‘Specific’ meaning specific by regulation, law or any order of the government;

(11) ‘Executive Authority’ meaning prime minister, chief advisor or appointed minister, advisor, sub- minister or the head of other organization;


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(12) ‘Clear Responsibility’ meaning debt received by any organization or non- governmental organization with the guarantee by government therefore if the organization is unable to pay the debt, the debt is responsible over the government;

(13) ‘Account of the Republic Government’ meaning government account mentioned in passage 86 of constitution;

(14) ‘Principle Sector’ meaning all income or expenditure of ministry or government, and expenditure book of special kind will be included in it too;

(15) ‘Budget Deficiency’ meaning total received of a particular except received as debt rather than total paid except paid as loan and the deficiency that emerged;

(16) ‘Annual Budget’ meaning yearly financial statement as mentioned in the section 87 of constitution, and as mentioned in the section 89 of constitution other budget deed also will be part of it;

(17) ‘Bangladesh Bank’ meaning Bangladesh Bank founded under the section 3 of (President Order No. 127 of 1972) of Bangladesh Bank Order, 1972;

(18) ‘Intermediate Duration Budget’ meaning budget booking with the purpose and regulation of the government and the relation of work type with the performance of budget booking related three budget maintaining where the expenditure and income of the government mentioned and next two years will be mentioned in that;
(19) Capital Expenditure’ meaning any spend or invest from which more than one year service or benefit will be received;

(20) ‘Government Revenue’ meaning any charge related to tax, vat and collected money and has to accumulate in the fund;

(21) ‘Government Spend’ meaning Continual natural expenditure of the government;

(22) “Constitution’ meaning constitution of the government of the People’s Republic of Bangladesh;

(23) ‘Organization’ meaning under the  law any institution authorized by constitution, autonomous, governmental organization or local government organization;
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(24) ‘Attached Fund’ meaning attached fund mentioned in the section 84 of the constitution;

(25) ‘Government Debt’ meaning received debt from external and internal of government;

(26) ‘Office of Accounts’ meaning office of account general controller, office of controller general of defense finance, ministry or division or other organization of head of account officer, district account office and sub- district account office.

Second Part
Financial Management
3. Financial Management. –(1) Development of financial stability of the government and has to take all the steps to make effective yearly budget deficiency in tolerable position.

(2) Correct Finance of the government and managing system has to follow debt management of government and the stability of the debt to keep in tolerable position the following management tasks have to be taken in effective. Such as:-

(A) Making deficiency the amount of received debt from internal source and amount of received yearly debt from the mentioned source keeping in tolerable position;

(B) The contingent liability of given guarantee keeping in tolerance given by the government; and

(C) Making in decrease respectively every year as per percentage of indigenous production amount of debt received from internal and external source of the government;

(3) To fill- up the cash demand in everyday of the government the tools and ways can be taken from Bangladesh Bank in advance and if the limitations become exceed, receiving additional cash as over- draft no other debt can be taken from Bangladesh Bank.

(8) Sub- section (3) whatever stay there, Bangladesh Bank, for the particular time, as ruled by the government of primary securities such as treasury bill, bond has to be able to buy.

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(5) Government, with particular system, debt received from internal and external sources and the contingent liability of yearly goal, limitation of the debt received from internal and external sources and the primary limitation will be fixed by the primary security of Bangladesh Bank.

4. Making sure transparency and equality of the finance booking.- Government will ensure the transparency and equal right for the sake of finance booking and for that purpose the activities as bellows have to take particularly:-

(A) Making sure of local equality;

(B) Making sure gender equality of man and woman;

(C) Respectively giving more money to reduce proverty;

(D)  Finance booking and its usage will be published regularly in the website of all ministry or division.

5. Increasing ability of financial management.- government will manage the training and education in particular system, for the purpose of right and effective financial management and educating well and will make sure the ability of trained people, experience and service.
3rd Part
Attached Fund and Account of Republic Government
6. Attached fund and maintaining and controlling the account of Republic Government.- Attached fund of finance division and the responsibility will maintain the control and preserve the account of Republican Government.

7. Paying and withdrawing money in attached fund.- (1) The collected money will be paid in attached fund as follows, Such as:-

(A) All money received from debt paid, collected debt and received all revenue of the government as per the section 84 (1) of constitution; and

(B) Paid all grant by government.

(2) The finance division will establish for banking system an suitable and effective management.
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5508                                        Bangladesh Gadget, Additional, 9th July, 2009
8. Refundable finance withdrawing from attached fund. –Tax, vat and other related charge received after paying in attached fund the necessary money will be able take after that by law from the related office.
9. Paying finance from that account and paying in government of republic fund.- (1) Except money of the attached fund, other finance of government or as per mentioned in the passage 84 (2) will be paid in the fund of government.
(2) Paying money of republican government of finance division and yearly introduction will be prepared and money paid in that account and examined in particular way of the paid finance of that account.
4th Part
Budget Management
10. Budget.- (1) Finance Minister, will present annual budget before starting fiscal year every.

(2) Other spend separated from the liability budget of the budget will be shown in yearly budget.

(3) Revenue of government separated from government yearly budget will be shown in the yearly budget.

(4) Finance Minister will present in the parliament with yearly budget an intermediate budget and mentioned intermediate except the income and expenditure next two year budget also will be presented there.

(5) Booking finance of the regulation and purpose of the government in the intermediate budget and the relation of the activity will be shown of the performance of division and ministry.

11. Policy Statement. – Government will present a regulation statement on overall economical situation every year in yearly budget, in which the following subjects will be mentioned-

(A) Targets of intermediate overall finance and description of explanation of economics of underlying assumptions.

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(B) Strategically priority of the government, Grants of fiscal policy (if necessary) revenue income, expenditure, budget deficiency and finance of budget deficiency;

(C) Valuation of debt collection strategy from internal and external source and targets of debt received from external source, system and medium, risk of foreign debt against external debt, paid debt for organizations or measurement of guarantee and amount of guarantee for privet organization etc.

12. Amended Budget. –(1) Finance Minister, in need, will present in every fiscal year an amended budget.

(2) Amended Budget, as much possible, has to present every year before March.

(3) The rules of section 87, 88, 89, and 90 have to be followed while presenting the amended budget and, in case necessary, as per the passage 91 a financial statement or additional financial statement will have to present in the parliament.

13. Finance Discount and informing about Budget book. –(1) After approval of yearly or amended budget the finance division, including liability expenditure of administration ministry or division about approved booking and other organizations and related offices of account management has to be informed.

(2) Administrative Ministry or division and other organizations booked finance in favor of that of the controller or in the expenditure officers, in particular system, will manage the rebooking.


(3) Administrative ministry or division and other organizations following budget by particular system or in case as per amended budget the will be opened and discounted.

14. Finance Transfer and Re- utilization. –Except the pre approval of the parliament except unexpected expenditure sector from approval or against other approval money transferring from liable expenditure to other expenditure or re- utilization can not be done.
(2) Without having been agreement of finance department from any head sector of included revenue or from the salary and expenditure in no other the re- utilization of finance will be used.
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15. Budget Examination. – (1) Government will be able to instruct for the advance of budget implementation.

(2) All ministry or division and other organization, in particular ways, the examination activity of themselves will operate.

(3) All ministries or division and other organization, in particular way, their financial and non- financial activity will make and publish.

(4) Finance Minister, against the target of the budget collecting revenue and speed of expenditure will discuss every three months and the result of that discussion and the steps in the next conference of parliament.

16. Budget Management Committee. –(1) For maintaining budget all ministries or division and other organizations to the Principle Accounting Officer by presiding a budget management committee will be there and a working group can be made to help the activity of that committee.

(2) Strategically purpose and regulation explanation of the government or imposing regulation as per division and for the implementation of project or taking programs and for achieving targets all ministries or division and other organization a budget management department or sub- section or branch will establish.

17. Financial Account Preserving and Report Making. –(1) All principle account officers in particular way of self ministry or the account will preserve and this account related office of account will make relevent to the preserving account.

(2) Head of account giving officer after finishing the fiscal year yearly account will make as sub- utility and for the examination will be sent to general account controller and examiner.

(3) For the purpose of accurate examination account preserving office will send to finance department for report making including information and source of monthly and triple- months report and finance division will publish the report in necessary based on the report.

(4) Account General Controller Office, Yearly Payment of the government, payment and types of stability yearly finance will present to controller and examiner of general account.
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5th Part
Principle Account Officer and Executive Authority
18. Principle Accounting Officer.- (1) Each ministry or division and other organization a principle accounting officer will have.

(2) Ministry or Secretariat division of related ministry or principle accounting officer will have the responsibility.

(3) Other organization, consulting with finance division, an officer of that will give the responsibility as principle accounting officer of it.

19. Responsibility and Liability of Principle Accounting Officer.- The responsibility and liability of the principle accounting officer will be as bellows, such as:-

(A) Related ministry or division or other organization making sure the internal controlling situation and transparent financial management;

(B) Related ministry will make sure the usability of property of other organizations;

(C) Related ministry or division or other organization and office and organizations making sure the usability of regulation and law related and all execution of its bonafied;

(D) Related ministry or division or other organization taking right step to prevent wate and non- approval expenditure of collected revenue;

(E) Weather the budget has been made by following particular system and strategically purpose of government and ministry or division or other organization have been given appropriate booking for the priority of regulation implementation;

(F) Taking step appropriately for the implementation quickly of the decision of permanent committee related to government account.

20. Financial responsibility of executive authority.- (1) Executive authority his controlled ministry or division or other organization the regulation of this law and other regulation for making sure nurture will take step.

(2) Executive authority will take step must be in written related to finance of any types of decision before taking.
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5512                                        Bangladesh Gadget, Additional, 9th July, 2009
6th Part
Debt and Guarantee
21. Debt Collection.- (1) Government, can collect debt from internal and external source of the country.

(2) No other organization, ministry, office will collect debt except the responsible ministry, division or organization.

(3) Government will be able to take debt for the purpose to as follows, such as:-

(A) Financing Budget Deficiency;

(B) Implementation of any project or program;

(C) Re: relating to any organization;

(D) Paying debt of previous or the reason of over date any debt financing; and

(E) Any purpose approved by parliament.

22. Guarantee.- No division or ministry can give guarantee except the finance department of the government.
7th Part
Financial Non- mannerism
23. Financial Non- mannerism.- (1) Any government officer or employee under this law when implementing the responsibility over him-
(A) If failed willingly or for the reason of neglect or
(B) Any non- approval or executing waste expenditure or ordering to execute the expenditure, or in case of executing any financial expenditure of its and following appropriate law- regulation when failed to make sure that failure he will be counted financial non- mannerism.

(2) Sub- section (1) any complain against government officer, employee made under that financial non- mannerism the steps of punishment will be taken as per law necessary for government officer and employee.

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Bangladesh Gadget, Additional, 9th July, 2009                     5513
8th Part
Various
24. Power to implement various.- For the purpose to fill- up government, governmental gadget and various implementing.

25. Power of government to remove difficulty.- For any vague of this regulation of law any problem if effective shown to make this effective, government keeping similarity with other regulation, the direction can give by explaining and making clear of that regulation.

26. Existing Regulation and Implementing Orders.- If any non- relevant found any regulation of the law, existing regulation of government finance and budget management, manual, code and order under this regulation, manual, code ruling will have been as long as the order ruled.

27. Principle Reading and English Reading.- The main reading of this will have to have in Bengali and there an English version of that:

It is clear that, to remove the restriction between Bengali and English the Bengali will get priority.
Pronob Chokroborti
Additional Secretary
And
Secretary (In Charge)






Md Masum (Sub- secretary), Sub- controller, Bangladesh Government Typist, Typed from Dhaka.
Md Mozibur Rahman (Sub- Secretary), Sub- controller, Bangladesh Form and Publication Office,
Tejgoan, Dhaka Published. www.bgpress.gov.bd

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