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under consideration, deliberations on the Bill may continue at the succeeding |
session. |
Provided that if the State Assembly is dissolved or its term expires when |
any Bill is under its consideration, such a Bill shall lapse . |
200. Withdrawal of Bills : A member who has introduced a Bill may, with the |
approval of the State Assembly , withdraw the Bill. |
201. Assent on Bills : (1) A Bill which is to be presented to the Chief of State for |
assent under Article 199 shall be so presented by the Speaker of State |
Assembly after it has been certified by him or her. |
Provided that in the case of a Money Bill, the Speaker of State |
Assembly shall so certify. |
128 |
(2) A Bill presented to the Chief of State for his or her assent shall be |
assented to within fifteen days, and the State Assembly shall be informed |
thereof as soon as possible. |
(3) Except for a Money Bill, if the Chief of State is of the opinion |
that any Bill needs further deliberations, he or she may send back the Bill with |
his or her message to the State Assembly within fifteen days from the date of |
presentation of the Bill to him or her. |
(4) If any Bill is sent back with his or her message by the Chief of |
State under clause (3) , it shall be reconsidered by the State Assembly and if the |
Bill so reconsidered is again passed as it was or with amendments, and is again |
presented to him or her, the Chief of State shall give assent to that Bill within |
fifteen days of such presentation. |
(5) A Bill shall become an Act after the Chief of State gives assent to |
it. |
202. Ordinance : (1) If, at any time, except when the State Assembly is in session , a |
circumstance exist s which render s it necessary to take immediate action, the |
Chief of State may, on the recommendation of the State Council of Ministers, |
promulgate an Ordinance. |
(2) An Ordinance promulgated under clause (1) shall have the same |
force and effect as an Act. |
Provided that every such Ordinance: |
(a) shall be tabled at the session of the State Assembly held |
after the promulgation, and if not passed by the State |
Assembly , it shall ipso facto cease to be effective, |
(b) may be repealed at any time by the Chief of State , and |
129 |
(c) shall, unless rendered ineffective or repealed under sub - |
clause (a) or (b), ipso facto cease to be effective at the |
expiration of sixty days after the day on which a meeting |
of the State Assembly is held. |
130 |
Part -16 |
State Financial Procedure s |
203. No tax t o be levied or loan to be raised : (1) No tax shall be levied and |
collected in a State except in accordance with law. |
(2) No loan shall be raised and guarantee given by the State |
Governme nt except as provided for in the Federal law . |
204. State Consolidated Fund : Except for the revenues of trusts ( Guthi ), all revenues |
received by the State Government, all loans raised on the security of revenues, |
all moneys received in repayment of any loans made under the authority of any |
State Act and any mounts of grants or loans received from the Government of |
Nepal shall, except as otherwise provided for in the State Act, be credited to a |
State Government Fund to be known as the State Consolidated Fund. |
205. Expenditures from State Consolidated Fund or State Government F und: No |
expenditure shall be incurred out of the State Consolidated Fund or any other |
State Government Fund except the following: |
(a) moneys charged on the State Consolidated Fund, |
(b) moneys required to meet the expenditure under an Appropriation |
Act, |
(c) advance moneys authorized by a n Act required to meet |
expenditures, when an Appropriation Bill is under consideration, |
or |
(d) expenditures to be incurred in extraordin ary circumstances under |
a V ote of Credit Act which contains only a description of |
expend itures. |
Provided that matters relating to the State Contingency Fund |
shall be in accordance with Article 212 . |
131 |
206. Expenditures c hargeable on State Consolidated Fund : The expenditures |
relating to the following matters shall be charged on the State Consolidated |
Fund, and approval of the State Assembly shall not be required for such |
expenditures: |
(a) the amount required as remuneration and facilities payable to the |
State Speaker and the State Deputy Speaker, |
(b) the amount required as remuneration and facilities payable to the |
Chairperson and m embers of the State Public Service |
Commission, |
(c) all charges relating to debts for which the State Government is |
liable, |
(d) any sum required to satisfy any judgment or decree made by a |
court against the State Government , and |
(e) any other sum specified by a State law to be chargeable on the |
State Consolidated Fund. |
207. Estimates of revenues and expenditures : (1) The State Minister for Finance |
shall, in respect of every financial year, lay before the State A ssembly an |
annual estimate setting out, inter alia , the following matters: |
(a) an estimate of revenues, |
(b) the moneys required to meet the charges on the State |
Consolidated Fund, and |
(c) the moneys required to meet the expenditure to be provided for |
by a State Appropriation Act. |
(2) The annual estimate to be laid pursuant to clause (1) shall also be |
accompanied by a statement of the expenses allocated to every Ministry in the |
132 |
previous financial year and particulars of whether the objectives of the |
expenses have been achieved. |
208. State Appropriation Act : The moneys required to meet the expenditure to be |
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