nayan135/constitution · Datasets at Hugging Face

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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(b) may be repealed at any time by the Chief of State , and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(c) shall, unless rendered ineffective or repealed under sub -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

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