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PART FOUR / FINANCIAL AND ECONOMIC PROVISIONS
A. Preparation and Implementation of the Budget
ARTICLE 161. The expenditures of the State and those of public
corporations other than State economic enterprises shall be determined
by annual budgets.
The beginning of the fiscal year and the preparation and
implementation of the general and subsidiary budgets shall be defined
The law may prescribe special periods and procedures for
investments relating to development plans, or for business and services
expected to last more than one year.
No provisions other than those pertaining to the budget shall
be included in the Budget Act.
B. Debate on the Budget
ARTICLE 162. The Council of Ministers shall submit the draft of
general and subsidiary budgets and the report containing the national
budgetary estimates to the Turkish Grand National Assembly at least
seventy-five days before the beginning of the fiscal year.
The draft budgets and the reports shall be considered by the
Budget Committee, which shall be composed of forty members. In the
composition of this Committee, the proportional representation of the
various political party groups and independent members in the Assembly,
shall be taken into consideration subject to the allocation of at least
twenty-five seats to members of the party or parties in power.
Draft budget, which shall be adopted by the Budget Committee
within fifty-five days shall thereafter be considered by the Assembly
and shall be decided on before the beginning of the fiscal year.
Members of the Turkish Grand National Assembly shall express
their opinions on ministerial, departmental and subsidiary budgets
during the debates held in Plenary Session on each budget as a whole;
the various headings and motions for amendments shall be read out and
put to the vote without separate debate.
During debates in the plenary session on the draft Budget Act,
members of the Turkish Grand National Assembly shall not make proposals
which entail an increase in expenditure or a decrease in revenue.
C. Principles Governing Budgetary Amendments
ARTICLE 163. The appropriations granted under the general and
subsidiary budgets shall indicate the limit of expenditure allowed. No
provisions shall be included in the budget to the effect that the
limit of expenditure may be exceeded in pursuance of a decision of the
Council of Ministers. The Council of Ministers shall not be empowered
to amend the budget by a decree having force of law. In draft
amendments entailing an increase in appropriations under the budget for
the current fiscal year and, in draft laws and law proposals providing
for additional financial commitments in the budgets for the current or
following year, the financial resources which would meet the stated
expenditure shall be indicated.
D. Final Account
ARTICLE 164. Draft final accounts shall be submitted to the
Turkish Grand National Assembly by the Council of Ministers within
seven months of the end of the relevant fiscal year, unless a shorter
period is prescribed by law. The Audit Court shall submit its notice of
conformity to the Turkish Grand National Assembly within seventy-five
days of the submission of the draft final accounts in question.
The draft final accounts shall be placed on the agenda of the
Budget Committee together with the Draft Budget Act for the new fiscal
year. The Budget Committee shall submit the draft Budget Act to the
Plenary Assembly in conjunction with the draft final accounts; the
Plenary Assembly shall consider, and decide on the draft final accounts
in conjunction with the draft Budget Act for the new fiscal year.
The submission of the draft final accounts and the notice of
conformity to the Turkish Grand National Assembly shall not preclude
the auditing of accounts for the relevant year which have not already
been dealt with by the Audit Court and shall not indicate that a final
decision has been taken on these accounts.
E. Auditing of State Economic Enterprises
ARTICLE 165. The principles governing the auditing, by the
Turkish Grand National Assembly of the accounts of public
establishments and partnerships in which more than half of the capital
directly or indirectly belongs to the State, shall be regulated by law.
ARTICLE 166. The planning of economic, social and cultural
development, in particular the speedy, balanced and harmonious
development of industry and agriculture throughout the country, and the
efficient use of national resources on the basis of detailed analysis
and assessment and the establishment of the necessary organisation for
this purpose are the duties of the State.
Measures to increase national thriftiness and production, to
ensure stability in prices and balance in foreign trade transactions,
to promote investment and employment, shall be included in the plan; in
investments, public benefit and requirements shall be taken into
account; the efficient use of resources shall be aimed at. Development
activities shall be realised according to this plan.
The procedure and principles governing the preparation of
development plans, their approval by the Turkish Grand National
Assembly, their implementation and their revision, and of the
prevention of amendments liable to affect the unity of the plan shall
be regulated by law.
II. Supervision of Markets and
Regulation of Foreign Trade
ARTICLE 167. The State shall
take measures to ensure and promote the sound, orderly functioning of
the money, credit, capital, goods and services markets; and shall
prevent the formation, in practice or by agreement, of monopolies and
cartels in the markets.
In order to regulate foreign trade for
the benefit of the economy of the country, the Council of Ministers may
be empowered by law to introduce or lift additional financial
impositions on imports, exports and other foreign transactions in
addition to tax and similar impositions.
III. Exploration and
Exploitation of Natural Resources
ARTICLE 168. Natural
wealth and resources shall be placed under the control of, and put at
the disposal of the State. The right to explore and exploit resources
belongs to the State. The State may delegate this right to individuals
or public corporations for specific periods. Of the natural wealth and
resources, those to be explored and exploited by the State in
partnership with individuals or public corporations, and those to be
directly explored and exploited by individuals or public corporations
shall be subject to the explicit permission of the law. The conditions to
be observed in such cases by individuals and public corporations, the
procedure and principles governing supervision and control by the State,
and the sanctions to be applied shall be prescribed by law.
IV. Forests and the Inhabitants of Forest Villages
A. Protection and Development of Forests
169. The State shall enact the necessary legislation and take the
necessary measures for the protection of forests and the extension of
their areas. Forest areas destroyed by fire shall be reafforested; other
agricultural and stock-breeding activities shall not be allowed in such
areas, All forests shall be under the care and supervision of the State.
The ownership of State forests shall not be transferred to others.
State forests shall be managed and exploited by the State in accordance
with the law. Ownership of these forests cannot be acquired through
prescription, nor shall servitude other than that in the public interest
be imposed in respect of such forests.
Acts and actions which
might damage forests shall not be permitted. No political propaganda
which might lead to the destruction of forests shall be made; no
amnesties or pardons specifically granted for offences against forests
shall be legislated. Offences committed with the intention of burning
or destroying forests or reducing forest areas shall not be included
within the scope of amnesties or pardons on other occasions.
restraining of forest boundaries shall be prohibited, except in respect
of areas whose preservation as forests is considered technically and
scientifically useless, but whose conversion into agricultural land has
been found definitely advantageous, and in respect of fields,
vineyards, orchards, olive groves or similar areas which technically and
scientifically ceased to be forest before 31 December 1981 and whose use
for agricultural or stock-breeding purposes has been found advantageous,
and in respect of built-up areas in the vicinity of cities, towns or
B. Protection of the Inhabitants of Forest
ARTICLE 170. Measures shall be introduced by law to
secure co-operation between the State and the inhabitants of villages
located in or near forests in the supervision and exploitation of
forests for the purpose of ensuring their conservation and improving
the living conditions of their inhabitants; the law shall also regulate
the development of areas which technically and scientifically ceased to
be forests before 31 December 1981, the identification of areas whose
preservation as forest is considered technically and scientifically
useless, their exclusion from forest boundaries, their improvement by
the State for the purpose of settling all or some of the inhabitants of
forest villages in them, and their allocation to these villages.
The State shall take measures to facilitate the acquisition, by
these inhabitants, of farming equipment and other inputs.
The land owned by villagers resettled outside a forest shall
immediately be reafforested as a State forest.
V. Promotion of Cooperatives
ARTICLE 171. The State shall take measures, in keeping with
national and economic interests, to promote the development of
cooperatives, which shall be primarily designed to increase production
and protect consumers.
VI. Protection of Consumers, Small
Traders and Craftsmen
A. Protection of Consumers
ARTICLE 172. The State shall take measures to protect and
inform consumers; shall encourage their initiatives to protect
B. Protection of Small Traders and Craftsmen
ARTICLE 173. The State shall take measures to protect and
support small traders and craftsmen.