| CONSTITUTION PART TEN |
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| 73. No Tax to be Levied
or Loan to be Raised Except in Accordance with Law: |
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No
tax shall be levied and collected except in accordance with law.
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No
loan shall be raised or guarantee be given by His Majesty's Government
except in accordance with law. |
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| 74.
Consolidated Fund:
Except the revenues of religious endowments[9], 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. |
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| 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. |
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| 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: |
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the
Speaker and Deputy-Speaker of the House of Representatives. |
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the
Chairman and Vice-Chairman of the National Assembly. |
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the
Chairman and members of the Standing Committee of the Raj Parishad. |
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the
Chief Commissioner and other Commissioners of the Commission for
the Investigation of the Abuse of Authority. |
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the
Auditor-General. |
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the
Chairman and members of the Public Service Commission. |
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the
Chief Election Commissioner and other Election Commissioners.
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| (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. |
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| 77.
Estimates of Revenues and Expenditures: |
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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. |
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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. |
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| 79. Supplementary Estimates:
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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. |
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The
sums included in the supplementary estimates shall be specified
under separate heads in a Supplementary Appropriations Bill. |
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| 80. Votes of Credit: |
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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. |
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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. |
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The
expenditures incurred in accordance with the Vote on Account Act
shall be included in the Appropriation Bill. |
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| 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.
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| 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. |
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| 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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