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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