nayan135/constitution · Datasets at Hugging Face

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provided for by any State Appropriation Act shall be specified under
appropriate heads in an Appropriation Bill.
209. Supplementary e stimates : (1) The State Minister for Finance may lay before
the State Assembly a supplementary estimate if it is found in any financial
year, -
(a) that the sum authorized to be spent for a particular service by the
State Appropriation Act for the current financial year is
insuf ficient, or that a need has arisen for expenditures upon some
new service not provided for in the State Appropriation Act for
that year, or
(b) that the expenditures made during that financial year are in
excess of the amount authorized by the State Approp riation Act.
(2) The sums included in the supplementary estimates shall be
specified under the heads in a Supplementary Appropriation Bill.
210. V otes on Account : (1) Notwithstanding anything contained elsewhere in this
Part, a portion of the expenditure estimated for the financial year may, w hen a
State Appropriation Bill is under consideration, be incurred in advance under a
State Act.
(2) A V ote on Account Bill shall not be introduced until the estimates
of revenues and expenditures have been lai d in ac cordance with Article 207 ,
and the sums involved in the V ote on Account shall not exceed one -third of the
estimate of expenditures for the financial year.
(3) The expenditures incurred in accordance with the State V ote on
Account Act shall be included in the State Appropriation Bill.
133
211. V otes of Credit : Notwithstanding anything contained elsewhere in this Part, if
owing to an emergency due to natural causes or other reasons, it appears to be
impractical or inexpe dient in view of the security or interest of the State to
specify the details required under clause (1) of Article 207 , the State Minister
for Finance may lay before the State Assembly a V ote of Credit Bill giving
only a statement of expenditures.
212. State Contingency Fund : (1) A State Act may create a Fund to be known as the
State Contingency Fund into which shall be paid from time to time such
moneys as may be determined by the State Act.
(2) The Fund under clause (1) shall be under the control of the State
Government. Any unforeseen expenditure may be met out of such Fund by the
State Government .
(3) The amount of the exp enditure under clause (2) shall be
reimbursed as soon as possible by the State Act.
213. Act r elating to financial p rocedures : Matters relating to the transfer of moneys
appropriated by the State Act from one head to another and other financial
procedures shall be as provided for in the State Act.

134
Part-17
Local Executive
214. Executive p ower of Local Level : (1) The executive p ower of the Local Level
shall, pursuant to this Constitution and the Federal law, be vested in the Village
Executive or the Municipal Executive.
(2) The local executive power shall be as mentioned in Schedule -8
and Schedule -9.
(3) The responsibility for is suing general directives, controlling an d
regulating the governance of the Village Body and the Municipal ity shall,
subject to this Constitution and other laws, lie in the Village Executive and the
Municipal Executive.
(4) The e xecutive functions of the Village Body and the Municipality
shall be performed in the name of the Village Executive and the Municipal
Executive.
(5) Any decision or order to be issued in the name of the Village
Executive and the Municipal Executive pursuant to clause (4 ) and other
instruments of authorization pertaining thereto shall be authenticated as
provided for in the Local law.
215. Provisions r elating to Chairperson and Vice -Chairperson of Village Executive:
(1) There shall be a Chairperson of Village Executive in eac h Village Body .
The Village Executive shall be formed under his or her chairpersonship.
(2) The Village Executive under clause (1) shall consist of one Vice -
Chairperson, Ward Chairperson elected from each Ward and members elected
pursuant to clause (4).
(3) The Chairperson and the Vice -Chairperson shall be elected by the
voters residing within the concerned Village Body area by secret ballots on the
135
basis of one person one vote, in accordance with the first past the post electoral
system.
Explanation : For the purp oses of this Article, "Chairperson" and "Vice -
Chairperson" mean the Chairperson and the Vice -Chairperson of the Village
Executive.
(4) The members of the Village Executive shall also include four
women members elected by the members of the Village Assembly from
amongst themselves and two members elected by the Village Assembly from
the Dalit or minority communit ies, in possession of the qualification under
clause (5), no later than fifteen days after the final results of the election to the
Village Assembly under Article 222.
(5) A person who has the following qualification shall be qualified to
be elected to the office of the Chairperson, Vice -Chairperson, Ward
Chairperson and m ember :
(a) being a citizen of Nepal,
(b) having completed the age of twenty one years,
(c) being a voter whose name is included in the electo ral rolls
of the Village Body ,
(d) not being disqualified by any law.
(6) The term of office of the Chairperson, Vice -Chairperson, Ward
Chairperson and m ember shall be five years after the date of being elected.
(7) A person who has been elected as the Chairperson for two terms
shall not be eligible to be a candidate in an election to t he Village Body .
(8) The office of the Chairperson, Vice -Chairperson, Ward
Chairperson or m ember shall become vacant in any of the following
circumstances:
136
(a) if the Chairperson tenders resignation in writing to the
Vice-Chairperson, and if the Vice -Chairperson tenders

provided for by any State Appropriation Act shall be specified under

appropriate heads in an Appropriation Bill.

209. Supplementary e stimates : (1) The State Minister for Finance may lay before

the State Assembly a supplementary estimate if it is found in any financial

year, -

(a) that the sum authorized to be spent for a particular service by the

State Appropriation Act for the current financial year is

insuf ficient, or that a need has arisen for expenditures upon some

new service not provided for in the State Appropriation Act for

that year, or

(b) that the expenditures made during that financial year are in

excess of the amount authorized by the State Approp riation Act.

(2) The sums included in the supplementary estimates shall be

specified under the heads in a Supplementary Appropriation Bill.

210. V otes on Account : (1) Notwithstanding anything contained elsewhere in this

Part, a portion of the expenditure estimated for the financial year may, w hen a

State Appropriation Bill is under consideration, be incurred in advance under a

State Act.

(2) A V ote on Account Bill shall not be introduced until the estimates

of revenues and expenditures have been lai d in ac cordance with Article 207 ,

and the sums involved in the V ote on Account shall not exceed one -third of the

estimate of expenditures for the financial year.

(3) The expenditures incurred in accordance with the State V ote on

Account Act shall be included in the State Appropriation Bill.

133

211. V otes of Credit : Notwithstanding anything contained elsewhere in this Part, if

owing to an emergency due to natural causes or other reasons, it appears to be

impractical or inexpe dient in view of the security or interest of the State to

specify the details required under clause (1) of Article 207 , the State Minister

for Finance may lay before the State Assembly a V ote of Credit Bill giving

only a statement of expenditures.

212. State Contingency Fund : (1) A State Act may create a Fund to be known as the

State Contingency Fund into which shall be paid from time to time such

moneys as may be determined by the State Act.

(2) The Fund under clause (1) shall be under the control of the State

Government. Any unforeseen expenditure may be met out of such Fund by the

State Government .

(3) The amount of the exp enditure under clause (2) shall be

reimbursed as soon as possible by the State Act.

213. Act r elating to financial p rocedures : Matters relating to the transfer of moneys

appropriated by the State Act from one head to another and other financial

procedures shall be as provided for in the State Act.

134

Part-17

Local Executive

214. Executive p ower of Local Level : (1) The executive p ower of the Local Level

shall, pursuant to this Constitution and the Federal law, be vested in the Village

Executive or the Municipal Executive.

(2) The local executive power shall be as mentioned in Schedule -8

and Schedule -9.

(3) The responsibility for is suing general directives, controlling an d

regulating the governance of the Village Body and the Municipal ity shall,

subject to this Constitution and other laws, lie in the Village Executive and the

Municipal Executive.

(4) The e xecutive functions of the Village Body and the Municipality

shall be performed in the name of the Village Executive and the Municipal

Executive.

(5) Any decision or order to be issued in the name of the Village

Executive and the Municipal Executive pursuant to clause (4 ) and other

instruments of authorization pertaining thereto shall be authenticated as

provided for in the Local law.

215. Provisions r elating to Chairperson and Vice -Chairperson of Village Executive:

(1) There shall be a Chairperson of Village Executive in eac h Village Body .

The Village Executive shall be formed under his or her chairpersonship.

(2) The Village Executive under clause (1) shall consist of one Vice -

Chairperson, Ward Chairperson elected from each Ward and members elected

pursuant to clause (4).

(3) The Chairperson and the Vice -Chairperson shall be elected by the

voters residing within the concerned Village Body area by secret ballots on the

135

basis of one person one vote, in accordance with the first past the post electoral

system.

Explanation : For the purp oses of this Article, "Chairperson" and "Vice -

Chairperson" mean the Chairperson and the Vice -Chairperson of the Village

Executive.

(4) The members of the Village Executive shall also include four

women members elected by the members of the Village Assembly from

amongst themselves and two members elected by the Village Assembly from

the Dalit or minority communit ies, in possession of the qualification under

clause (5), no later than fifteen days after the final results of the election to the

Village Assembly under Article 222.

(5) A person who has the following qualification shall be qualified to

be elected to the office of the Chairperson, Vice -Chairperson, Ward

Chairperson and m ember :

(a) being a citizen of Nepal,

(b) having completed the age of twenty one years,

(c) being a voter whose name is included in the electo ral rolls

of the Village Body ,

(d) not being disqualified by any law.

(6) The term of office of the Chairperson, Vice -Chairperson, Ward

Chairperson and m ember shall be five years after the date of being elected.

(7) A person who has been elected as the Chairperson for two terms

shall not be eligible to be a candidate in an election to t he Village Body .

(8) The office of the Chairperson, Vice -Chairperson, Ward

Chairperson or m ember shall become vacant in any of the following

circumstances:

136

(a) if the Chairperson tenders resignation in writing to the

Vice-Chairperson, and if the Vice -Chairperson tenders