203.
No tax to be levied or loan to be raised: (1) No tax
shall be levied and collected
in a State
except in accordance with law.
(2) No loan
shall be raised and guarantee given by the State Government
except as
provided for in the Federal law.
204.
State Consolidated Fund: Except for the revenues of trusts (Guthi),
all revenues
received by the
State Government, all loans raised on the security of revenues, all
moneys received
in repayment of any loans made under the authority of any State
Act and any
mounts of grants or loans received from the Government of Nepal
shall, except
as otherwise provided for in the State Act, be credited to a State
Government Fund
to be known as the State Consolidated Fund.
205.
Expenditures from State Consolidated Fund or State Government Fund: No
expenditure
shall be incurred out of the State Consolidated Fund or any other State
Government Fund
except the following:
(a) moneys
charged on the State Consolidated Fund,
(b) moneys
required to meet the expenditure under an Appropriation
Act,
(c) advance
moneys authorized 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 State Contingency Fund shall be
in accordance
with Article 212.
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206. Expenditures
chargeable on State Consolidated Fund: The expenditures
relating to the
following matters shall be charged on the State Consolidated Fund,
and approval of
the State Assembly shall not be required for such expenditures:
(a) the amount
required as remuneration and facilities payable to the
State Speaker
and the State Deputy Speaker,
(b) the amount
required as remuneration and facilities payable to the
Chairperson and
members of the State Public Service Commission,
(c) all charges
relating to debts for which the State Government is
liable,
(d) any sum
required to satisfy any judgment or decree made by a court
against the
State Government, and
(e) any other
sum specified by a State law to be chargeable on the State
Consolidated
Fund.
207. Estimates
of revenues and expenditures: (1) The State Minister for Finance
shall, in
respect of every financial year, lay before the State Assembly 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 State Consolidated
Fund, and
(c) the moneys
required to meet the expenditure to be provided for by a
State 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.
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208.
State Appropriation Act: The moneys required to meet the expenditure
to be
provided for by
any State Appropriation Act shall be specified under appropriate
heads in an
Appropriation Bill.
209.
Supplementary estimates: (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 insufficient,
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 Appropriation Act.
(2) The sums
included in the supplementary estimates shall be specified
under the heads
in a Supplementary Appropriation Bill.
210.
Votes on Account: (1) Notwithstanding anything contained
elsewhere in this Part,
a portion of
the expenditure estimated for the financial year may, when aState
Appropriation
Bill is under consideration, be incurred in advance under a State
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 207, 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 State Vote on
Account Act
shall be included in the State Appropriation Bill.
211.
Votes 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
inexpedient in view of the security or interest of the State to specify
126
the details
required under clause (1) of Article 207, the State Minister for Finance
may lay before
the State Assembly a Vote 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 expenditure under clause (2) shall be reimbursed
as soon as
possible by the State Act.
213.
Act relating to financial procedures: 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.
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