115.
No tax to be levied or loan to be raised: (1) No tax
shall be levied and collected
except in
accordance with law.
(2) No loan
shall be raised and guarantee given by the Government of
Nepal except as
provided for in the Federal law.
116.
Federal Consolidated Fund: Except for the revenues of trusts (Guthi),
all
revenues
received by the Government of Nepal, all loans raised on the security of
revenues, all
amounts received in repayment of any loans made under the
authority of
any Act and any other moneys received by the Government of Nepal
shall, except
as otherwise provided by a Federal Act, be credited to a Government
Fund to be
known as the Federal Consolidated Fund.
117.
Expenditures from Federal Consolidated Fund or Federal Government Fund:
No expenditure
shall be incurred out of the Federal Consolidated Fund or any
other Federal
Government Fund except the following:
(a) moneys
charged on the Federal Consolidated Fund,
(b) moneys
required to meet the expenditure under a Federal
Appropriation
Act,
(c) advance
moneys authorized by a Federal Act required to meet
expenditures,
when an Appropriation Bill is under consideration, or
(d)
expenditures to be incurred in extraordinary circumstances under a
Federal Vote of
Credit Act which contains only a description of
expenditures.
Provided that
matters relating to the Federal Contingency Fund shall be
governed by
Article 124.
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118.
Expenditures chargeable on Federal Consolidated Fund: The
expenditures
relating to the
following matters shall be charged on the Federal Consolidated
Fund, and
approval of the Federal Parliament shall not be required for such
expenditures:
(a) the amount
required as remuneration and facilities of the President
and the
Vice-president,
(b) the amount
required as remuneration and facilities payable to the
Chief Justice
of Nepal, Judges of the Supreme Court, and members
of the Judicial
Council,
(c) the amount
required as remuneration and facilities payable to the
Speaker and the
Deputy Speaker of the House of Representatives,
and the
Chairperson and the Vice Chairperson of the National
Assembly,
(d) the amount
required as remuneration and facilities payable to the
chiefs and
officials of the Constitutional Bodies,
(e) the amount
required as remuneration and facilities of the Chiefs of
States,
(f) the
administrative expenses of the Office of the President or the Vice
President, the
Supreme Court, the Judicial Council, the
Constitutional
Bodies, and the offices of Chiefs of States,
(g) all charges
relating to debts for which the Government of Nepal is
liable,
(h) any sum
required to satisfy any judgment or decree made by a court
against the
Government of Nepal, and
(i) any other
sum to be chargeable by the Federal law on the Federal
Consolidated
Fund.
119.
Estimates of revenues and expenditures: (1) The Minister for
Finance of the
Government of
Nepal shall, in respect of every financial year, lay before the joint
78
sitting of both
Houses of the Federal Parliament 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 Federal Consolidated
Fund, and
(c) the moneys
required to meet the expenditure to be provided for by a
Federal
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
previous
financial year and particulars of whether the objectives of the expenses
have been
achieved.
(3) The
Minister for Finance of the Government of Nepal shall lay
before the
Federal Parliament an estimate of revenues and expenditures under
clause (1) on
the 15th day of Jesta (mid May) each year.
120.
Appropriation Act: The moneys to be spent under an
Appropriation Act shall be
specified under
concerned heads in an Appropriation Bill.
121.
Supplementary estimates: (1) The Minister for Finance of the
Government of
Nepal may lay
before the House of Representatives 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
Appropriation
Act for the current financial year is insufficient, or
that a need has
arisen for expenditures on some new service 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
authorized by the Appropriation Act.
(2) The sums
included in the supplementary estimate shall be specified
under the
related heads in a Supplementary Appropriation Bill.
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122.
Votes on account: (1) Notwithstanding anything contained
elsewhere 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,as provided for
in the Federal
Act.
(2) A Vote on
Account Bill shall not be introduced until the estimates of
revenues and
expenditures have been laid in accordance with Article 119, 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 Federal Vote on
Account Act
shall be included in the Appropriation Bill.
123.
Votes of credit: Notwithstanding anything contained
elsewhere in this Part, if
owing to an
emergency due to either natural causes or a threat of external
aggression or
internal disturbances or other reasons, it appears to be impractical or
inexpedient in
view of the security or interest of the country to specify the details
required under
Article 119, the Minister for Finance of the Government of Nepal
may lay before
the House of Representatives a Vote of Credit Bill giving only a
statement of
expenditures.
124.
Federal contingency fund: (1) A Federal Act may create a fund to be
known as
the contingency
fund into which such moneys as may be determined by the
Federal Act
shall be paid from time to time.
(2) The
Government of Nepal shall control the fund under clause (1),
and may meet
any unforeseen expenditure out of such fund.
(3) The amount of
the expenditure under clause (2) shall be reimbursed
as soon as
possible as provided for in the Federal Act.
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125.
Act relating to financial procedures: Matters relating to
the transfer of moneys
appropriated by
the Federal Act from one head to another and other financial
procedures
shall be as provided for in the Federal Act.
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