nayan135/constitution · Datasets at Hugging Face

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Provided that a motion of no confidence may not be tabled until the first
two years after the appointment of the Chief Minister and until another one
year after the date of failure of the motion of no confidence once tabled.
(5) A motion of no confidence to be tabled under clause (4) shall
also indicate the name of a member proposed for Chief Minister.
(6) If a motion of no confidence tabled under clause (4) is passed by
a majority of the total number of then members of the State Assembly , the
Chief Minister shall relieve of his or her office.
(7) If the office of the Chief Minister falls vacant because of the
passage of a vote of no -confidence under clause (6), the Chief of State shall , in
accordance with Article 168, appoint as the Chief Minister the member of the
State Assembly proposed under clause (5).
189. Minister, Minister o f State and Assistant Minister entitled to take p art in
meetings of State Assembly : The Minister, Minister of State and Assistant
Minister shall be entitled to attend , and take part in the proceedings and
deliberations of , the State Assembly or its committees.
124
Provided that a Minister, Minister of State or Assistant Minister who is
not a member of the State Assembly shall not be entitled to vote in a meeting
of the State Assembly or its committee, and a Minister, Minister of State or
Assistant Minister shall not be entitled to vote in a meeting of a committee of
which he or she is not a member.
190. Penalty for u nauthorized presence or v oting in State Assembly : If a person who
has not taken oath under Article 179 or who is not a member of the State
Assembly is present or votes in a meetin g of the State Assembly or of its
committee as a member, the person shall, by order of the person chairing the
meeting, be fined with a sum of five thousand rupees for each instance of such
presence or voting, and such a fine shall be recovered as a govern ment due.
191. Restriction on d iscussion : No discussion shall be held in the State Assembly on
any matters that may cause adverse effect on the dispensation of justice on any
cases which are sub judice in any courts of Nepal and on any judicial acts done
by Judges in the course of performance of their duties.
192. Transaction of b usiness in case of vacancy in seat of m ember : The State
Assembly shall have the power to transact its business notwithstanding any
vacancy in the seat of its member; and n o proceedings of the State Assembly
already conducted shall become invalid even if it is subsequently discovered
that a person who was not so entitled took part in such proceedings.
193. Power of State Assembly to f orm committees : The State Assembly may, i n
accordance with its rules, form committees or special committees, as required,
in order to manage its working procedures .
194. Procedures relating to conduct of b usiness of State Assembly : The State
Assembly shall frame rules to c onduct its business, maintain order during its
meetings and regulate the constitution, functions and procedures of , and other
125
matters relating to, its committee s. Until such rules are framed, the State
Assembly shall regulate its procedures on its own.
195. Secretary and Secre tariat of State Assembly : (1) The Chief of State shall
appoint the Secretary of the State Assembly on recommendation of the Speaker
of State Assembly.
(2) There shall be a Secretariat for conducting and managing the
business of the State Assembly. The establishment of such Secretariat and
other matters related thereto shall be as provided for in the State law.
(3) The qualification, functions, duties, powers and other conditions
of service of the Secretary of the State Assembly shall be as provided for in the
State law.
196. Remuneration : The remuneration and facilities of the Speaker and the Deputy
Speaker of the State Assembly shall be as provided for in the State law, and as
specified by the State Government until such law is made.

126
Part-15
State Legislative Procedures
197. Legislative p owers of State Assembly : The legislative powers of the State
Assembly shall be as contained in lists of Schedule -6, Schedule -7 and
Schedule -9.
198. Procedures for introduction of Bills in State Assembly : (1) A Bill may, subject
to this Constitution, be introduced in the State Assembly .
(2) A Money Bill and a Bill concerning peace and security may be
introduced only as a Government Bill.
(3) "Money Bill" mean s a Bill concerning any or all of the following
subjects:
(a) the imposition, collection, abolition, remission, alteration
or regulation of taxes in the State ,
(b) the preservation of the State Consolidated Fund or any
other State Government Fund, the deposit of moneys into
and the appropriation or the withdrawal of moneys from
such Funds, or the reduction, increment or cancellation of
appropriations or of propos ed expenditures from such
Funds,
(c) the regulation of matters relating to the borrowing of
money or the giving of guarantee by the State
Government, or any matter pertaining to the amendment
of the law with respect to any financial obligations
undertaken or to be undertaken by the State Government ,
(d) the custody and investment of all revenues received by
any State Government Fund, moneys acquired through the
127
repayment of loans, and grant moneys; or audits of the
accounts of the State Government , or
(e) other incidental matters directl y related to any of the
subjects specified in clause (a), (b), (c) or (d).
Provided that any Bill shall not be deemed to be a Money Bill by the
reason only that it provides for the levying of any charges or fees such as
license fee, application fee, renewa l fee or for the imposition of fines or
penalty of imprisonment.
(4) If any question arises whether a Bill is a Money Bill or not, the
decision of the Speaker of State Assembly thereon shall be final.
199. Procedures for p assage of Bills : (1) A Bill passe d by the State Assembly shall
be presented to the Chief of State for assent .
(2) If a session of the State Assembly terminates while a Bill is

Provided that a motion of no confidence may not be tabled until the first

two years after the appointment of the Chief Minister and until another one

year after the date of failure of the motion of no confidence once tabled.

(5) A motion of no confidence to be tabled under clause (4) shall

also indicate the name of a member proposed for Chief Minister.

(6) If a motion of no confidence tabled under clause (4) is passed by

a majority of the total number of then members of the State Assembly , the

Chief Minister shall relieve of his or her office.

(7) If the office of the Chief Minister falls vacant because of the

passage of a vote of no -confidence under clause (6), the Chief of State shall , in

accordance with Article 168, appoint as the Chief Minister the member of the

State Assembly proposed under clause (5).

189. Minister, Minister o f State and Assistant Minister entitled to take p art in

meetings of State Assembly : The Minister, Minister of State and Assistant

Minister shall be entitled to attend , and take part in the proceedings and

deliberations of , the State Assembly or its committees.

124

Provided that a Minister, Minister of State or Assistant Minister who is

not a member of the State Assembly shall not be entitled to vote in a meeting

of the State Assembly or its committee, and a Minister, Minister of State or

Assistant Minister shall not be entitled to vote in a meeting of a committee of

which he or she is not a member.

190. Penalty for u nauthorized presence or v oting in State Assembly : If a person who

has not taken oath under Article 179 or who is not a member of the State

Assembly is present or votes in a meetin g of the State Assembly or of its

committee as a member, the person shall, by order of the person chairing the

meeting, be fined with a sum of five thousand rupees for each instance of such

presence or voting, and such a fine shall be recovered as a govern ment due.

191. Restriction on d iscussion : No discussion shall be held in the State Assembly on

any matters that may cause adverse effect on the dispensation of justice on any

cases which are sub judice in any courts of Nepal and on any judicial acts done

by Judges in the course of performance of their duties.

192. Transaction of b usiness in case of vacancy in seat of m ember : The State

Assembly shall have the power to transact its business notwithstanding any

vacancy in the seat of its member; and n o proceedings of the State Assembly

already conducted shall become invalid even if it is subsequently discovered

that a person who was not so entitled took part in such proceedings.

193. Power of State Assembly to f orm committees : The State Assembly may, i n

accordance with its rules, form committees or special committees, as required,

in order to manage its working procedures .

194. Procedures relating to conduct of b usiness of State Assembly : The State

Assembly shall frame rules to c onduct its business, maintain order during its

meetings and regulate the constitution, functions and procedures of , and other

125

matters relating to, its committee s. Until such rules are framed, the State

Assembly shall regulate its procedures on its own.

195. Secretary and Secre tariat of State Assembly : (1) The Chief of State shall

appoint the Secretary of the State Assembly on recommendation of the Speaker

of State Assembly.

(2) There shall be a Secretariat for conducting and managing the

business of the State Assembly. The establishment of such Secretariat and

other matters related thereto shall be as provided for in the State law.

(3) The qualification, functions, duties, powers and other conditions

of service of the Secretary of the State Assembly shall be as provided for in the

State law.

196. Remuneration : The remuneration and facilities of the Speaker and the Deputy

Speaker of the State Assembly shall be as provided for in the State law, and as

specified by the State Government until such law is made.

126

Part-15

State Legislative Procedures

197. Legislative p owers of State Assembly : The legislative powers of the State

Assembly shall be as contained in lists of Schedule -6, Schedule -7 and

Schedule -9.

198. Procedures for introduction of Bills in State Assembly : (1) A Bill may, subject

to this Constitution, be introduced in the State Assembly .

(2) A Money Bill and a Bill concerning peace and security may be

introduced only as a Government Bill.

(3) "Money Bill" mean s a Bill concerning any or all of the following

subjects:

(a) the imposition, collection, abolition, remission, alteration

or regulation of taxes in the State ,

(b) the preservation of the State Consolidated Fund or any

other State Government Fund, the deposit of moneys into

and the appropriation or the withdrawal of moneys from

such Funds, or the reduction, increment or cancellation of

appropriations or of propos ed expenditures from such

Funds,

(c) the regulation of matters relating to the borrowing of

money or the giving of guarantee by the State

Government, or any matter pertaining to the amendment

of the law with respect to any financial obligations

undertaken or to be undertaken by the State Government ,

(d) the custody and investment of all revenues received by

any State Government Fund, moneys acquired through the

127

repayment of loans, and grant moneys; or audits of the

accounts of the State Government , or

(e) other incidental matters directl y related to any of the

subjects specified in clause (a), (b), (c) or (d).

Provided that any Bill shall not be deemed to be a Money Bill by the

reason only that it provides for the levying of any charges or fees such as

license fee, application fee, renewa l fee or for the imposition of fines or

penalty of imprisonment.

(4) If any question arises whether a Bill is a Money Bill or not, the

decision of the Speaker of State Assembly thereon shall be final.

199. Procedures for p assage of Bills : (1) A Bill passe d by the State Assembly shall

be presented to the Chief of State for assent .

(2) If a session of the State Assembly terminates while a Bill is