PART
10
FINANCIAL
PROCEDURE
73.
No Tax to be Levied or Loan to be Raised Except in Accordance with Law:
(1) No
tax shall be levied and collected except in accordance with law.
(2) No
loan shall be raised or guarantee be given by His Majesty's Government
except in accordance with law.
74.
Consolidated Fund:
Except
for the revenues of religious endowments, all revenues received by
His Majesty's Government, all loans raised on the security of revenues
and all moneys received in repayment of any loan made under the authority
of any Act shall, unless otherwise provided by an Act, be credited
to a Government Fund to be known as the Consolidated Fund .
75.
Expenditures From the Consolidated Fund or a Government Fund:
No expenditure
shall be incurred out of the Consolidated Fund or any other Government
Fund except the following:
- moneys
charged on the Consolidated Fund;
- moneys
required to meet the expenditure under an Appropriation Act;
- advance
moneys authorized by an Act required to meet expenditures, when
an Appropriation Bill is under consideration; or
- expenditures
to be incurred in extraordinary circumstances under a Vote of Credit
Act which contains only a description of expenditures:
Provided
that matters relating to the Contingency Fund shall be governed
in accordance with the provisions of Article 82.
76.
Expenditures Chargeable on the Consolidated Fund:
The expenditures
relating to the following matters shall be charged on the Consolidated
Fund and yearly approval of Parliament for these expenditures shall
not be required:
- the
amount provided by the Act relating to expenditures on the Royal
Family;
- the
amount required as remuneration, privileges and pension payable
to the Chief Justice of Nepal and other Judges of the Supreme Court;
- the
amount required as remuneration and privileges payable to the following
officials:
(1)
the Speaker and Deputy Speaker of the House of Representatives;
(2) the Chairman and Vice-Chairman of the National Assembly;
(3) the Chairman and members of the Standing Committee of the
Raj Parishad;
(4) the Chief Commissioner and other Commissioners of the Commission
for the Investigation of Abuse of Authority;
(5) the Auditor-General;
(6) the Chairman and members of the Public Service Commission;
and
(7) the Chief Election Commissioner and other Election Commissioners.
- the
administrative expenses of the Supreme Court, the Raj Parishad,
the Commission for the Investigation of Abuse of Authority, the
Department of the Auditor-General, the Public Service Commission
and the Election Commission;
- all
charges relating to debts for which His Majesty's Government is
liable;
- any
sum required to satisfy any judgment or decree of a court against
His Majesty's Government; and
- any
other sum declared by law to be chargeable on the Consolidated Fund.
77.
Estimates of Revenues and Expenditures:
(1) His
Majesty shall, in respect of every financial year, cause to be laid
before a joint sitting of Parliament an annual estimate including
the following matters:
- an
estimate of revenues;
- the
moneys required to meet the charges on the Consolidated Fund; and
- the
moneys required to meet the expenditure to be provided for by an
Appropriation Act.
(2) The
annual estimate to be presented pursuant to clause (1) above should
accompany by a statement of the expenses allocated to each Ministry
in the previous financial year and particulars of whether the objectives
of the expenses have been achieved.
78.
Appropriation Act:
The moneys
required to meet the expenditure to be provided for by any Appropriation
Act shall be specified under appropriate heads in an Appropriation
Bill.
79.
Supplementary Estimates:
(1) His
Majesty shall, in respect of any financial year, cause to be laid
before the House of Representatives a -supplementary estimate if it
is found
- that
the sum authorized to be spent for a particular service by the Appropriation
Act for the current financial year is insufficient, or that a need
has arisen for expenditures upon new services not provided for by
the Appropriation Act for that year; or
- that
the expenditures made during that financial year are in excess of
the amount authorized by the Appropriation Act.
( 2 )
The sums included in the supplementary estimates shall be specified
under separate heads in a Supplementary Appropriation Bill.
80.
Votes on Account :
(1) Notwithstanding
anything contained in this Pan, a portion of the expenditure estimated
for the financial year may, when an Appropriation Bill is under consideration,
be incurred in advance by an Act.
(2) A
Vote on Account Bill shall not be submitted until the estimates of
revenues and expenditures have been presented in accordance with the
provisions of Article 77 and the sums involved in the Vote on Account
shall not exceed one-third of the estimate of expenditures for the
financial year.
(3) The
' expenditures incurred in accordance with the Vote on Account Act
shall -be included in the Appropriation Bill.
81.
Votes of Credit:
Notwithstanding
anything contained in this Part, if owing to a local or national emergency
due to either natural causes, a threat of external aggression or internal
disturbances, or other reasons, His Majesty is of the opinion that
it is impractical or inexpedient in view of the security or interest
of the State to specify the details required under Article 77, He
may cause to be laid before the House of Representatives a Vote of
Credit Bill giving only a description of the proposed expenditures.
82.
Contingency Fund:
An Act
may create a contingency Fund into which shall be paid from time to
time such moneys as may be determined by law. Such Fund shall be under
the control of His Majesty's Government, and any unforeseen expenditures
shall be met out of such Fund by His Majesty's Government and any
unforeseen expenditures shall be met out of such Fund by His Majesty's
Government. The amount of the expenditures so met shall be reimbursed
as soon as possible by an Act.
83.
Act Relayed to Financial Procedure:
Matters
relating to the transfer of moneys appropriated from one head to another
and other financial procedures shall be regulated by an Act.
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