The
Constitution of the Kingdom of Nepal
Part 10 Financial Procedure
Article 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.
Article 74 Consolidated Fund
Except 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.
Article 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: -
(a) moneys charged on the Consolidated Fund;
(b) moneys required to meet the expenditure under an Appropriation Act;
(c) advance moneys authorised by an Act required to meet expenditures,
when an Appropriation Bill is under consideration; or
(d) -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.
Article 76 Expenditure Chargeable on the Consolidated
Fund
The expenditures related to the following matters shall be charged on
the Consolidated Fund and yearly approval of Parliament for these expenditures
shall not be required: -
(a) the amount provided by the Act relating to expenditures on the Royal
Family;
(b) the amount required as remuneration, privileges and pension payable
to the Chief Justice of Nepal and other Judges of the Supreme Court;
(c) 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 the 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.
(d) the administrative expenses of the Supreme Court, the Raj Parishad,
the Commission for the Investigation of the Abuse of Authority, the Department
of the Auditor-General, the Public Service Commission and the Election
Commission;
(e) all charges relating to debts for which His Majesty's Government is
liable;
(f) any sum required to satisfy any judgment or decree of a court against
His Majesty's Government; and
(g) any sum declared by law to be chargeable on the Consolidated Fund.
Article 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: -
(a) an-estimate of revenues;
(b) the moneys required to meet the charges on the Consolidated Fund;
and
(c) 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
be accompanied 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.
Article 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.
Article 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 -
(a) that the sum authorised 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
(b) that the expenditures made during that financial year are in excess
of the amount authorised by the Appropriation Act.
(2) The sums included in the supplementary estimates shall be specified
under separate heads in a Supplementary Appropriations Bill.
Article 80 Votes of Credit
(1) Notwithstanding anything contained in this Part, 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 amounts 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.
Article 81 Votes of Credit
Notwithstanding anything contained in this Part, if owing a local or national
emergency due to either natural cause, 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.
Article 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. The amount
of the expenditures so met shall be reimbursed as soon as possible by
an Act.
Article 83 Act Relating 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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