chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Constitution of Nepal

167. Oath of Provincial Head: Before assuming office, the Provincial Head shall take an oath of office and secrecy before the President in accordance with Federal law. 168. Formation of Provincial Council of Ministers: (1) The Provincial Head shall appoint the leader of the parliamentary party commanding a majority in the Provincial Assembly as the Chief Minister, and the Provincial Council of Ministers shall be formed under his chairpersonship.

(2) In case no party has a clear majority in the Provincial Assembly under sub-article (1), the Provincial Head shall appoint as Chief Minister a member of the Provincial Assembly who can command a majority with the support of two or more parties represented in the Provincial Assembly.

(3) If the appointment of the Chief Minister under sub-article (2) is not possible within thirty days from the date of the declaration of the final results of the election to the Provincial Assembly, or if the Chief Minister so appointed fails to secure a vote of confidence under sub-article (4), the Provincial Head shall appoint as Chief Minister the leader of the parliamentary party having the highest number of members in the Provincial Assembly.

(4) The Chief Minister appointed under sub-article (2) or (3) must secure a vote of confidence from the Provincial Assembly within thirty days of such appointment.

(5) If the Chief Minister appointed under sub-article (3) fails to secure a vote of confidence under sub-article (4), and if any member under sub-article (2) can secure a vote of confidence in the Provincial Assembly, the Provincial Head shall appoint such member as the Chief Minister.

(6) The Chief Minister appointed under sub-article (5) must secure a vote of confidence under sub-article (4).

(7) If the Chief Minister appointed under sub-article (5) fails to secure a vote of confidence, or if the Chief Minister cannot be appointed, the Provincial Head shall, on the recommendation of the Chief Minister, dissolve the Provincial Assembly and fix a date for the election of another Provincial Assembly to be completed within six months.

(8) The process for the appointment of the Chief Minister under this Article must be completed within thirty-five days from the date of the declaration of the final results of the election to the Provincial Assembly held under this Constitution or from the date the office of the Chief Minister becomes vacant.

(9) The Provincial Head shall, on the recommendation of the Chief Minister, form the Provincial Council of Ministers from among the members of the Provincial Assembly, in accordance with the principle of inclusiveness, not exceeding twenty percent of the total number of members of the Provincial Assembly, including the Chief Minister.
Constitution of Nepal

Explanation: For the purposes of this Part, "Minister" shall mean a Minister, a Minister of State, and an Assistant Minister.

(10) The Chief Minister and Ministers shall be collectively responsible to the Provincial Assembly, and Ministers shall be individually responsible to the Chief Minister and the Provincial Assembly for the work of their ministries. 169. Circumstances for Vacancy of Office of Chief Minister and Minister: (1) The office of the Chief Minister shall become vacant under any of the following circumstances:-

(a) if he submits a written resignation to the Provincial Head,
(b) if a motion of confidence is not passed, or if a motion of no-confidence is passed against him under Article 168,
(c) if he ceases to be a member of the Provincial Assembly,
(d) if he dies.

(2) The office of a Minister shall become vacant under any of the following circumstances:-

(a) if he submits a written resignation to the Chief Minister,
(b) if the Chief Minister relieves him of office,
(c) if the office of the Chief Minister becomes vacant under clause (a), (b), or (c) of sub-article (1),
(d) if he dies.

(3) Even if the office of the Chief Minister becomes vacant under sub-article (1), the same Council of Ministers shall conduct business until another Provincial Council of Ministers is formed. Provided that, if the Chief Minister dies, the seniormost Minister shall perform the functions of the Chief Minister until another Chief Minister is appointed. 170. Person not being a Member of Provincial Assembly may become Minister: (1) Notwithstanding anything contained in sub-article (9) of Article 168, the Provincial Head may, on the recommendation of the Chief Minister, appoint any person who is not a member of the Provincial Assembly as a Minister.

(2) The Minister appointed under sub-article (1) shall acquire membership of the Provincial Assembly within six months from the date of taking the oath.

(3) If he fails to acquire membership of the Provincial Assembly within the period under sub-article (2), he shall not be eligible for reappointment to the office of Minister during the term of the then-existing Provincial Assembly.

(4) Notwithstanding anything contained in sub-article (1), a person defeated in the election of the then-existing Provincial Assembly shall not be eligible for appointment to the office of Minister under sub-article (1) during the term of that Provincial Assembly. 171. Remuneration and other Facilities of Chief Minister and Minister: The remuneration and other facilities of the Chief Minister and Ministers shall be as provided by Provincial Act. Until such Act is enacted, they shall be as determined by the Provincial Government. 172.
Constitution of Nepal

171. Remuneration and other Facilities of Chief Minister and Minister: The remuneration and other facilities of the Chief Minister and Ministers shall be as provided by Provincial Act. Until such Act is enacted, they shall be as determined by the Provincial Government. 172. Oath: The Chief Minister and Ministers shall take an oath of office and secrecy before the Provincial Head, and Ministers of State and Assistant Ministers shall take an oath of office and secrecy before the Chief Minister, in accordance with Provincial law, before assuming their office. 173. Information to be Provided to Provincial Head: The Chief Minister shall inform the Provincial Head about the following matters:-

(a) decisions of the Provincial Council of Ministers,
(b) Bills to be introduced in the Provincial Assembly,
(c) other necessary details requested by the Provincial Head concerning matters mentioned in clauses (a) and (b), and
(d) the current situation of the Province. 174. Conduct of Business of Provincial Government: (1) The allocation of business and the transaction of business of the Provincial Government shall be carried out in accordance with the Rules approved by the Provincial Government.

(2) The question of whether or not the Rules under sub-article (1) have been complied with shall not be raised in any court. Part-14

Provincial Legislature

175. Provincial Legislature: The Legislature of the Province shall be unicameral, which shall be called the Provincial Assembly. 176.
Constitution of Nepal

Part-14

Provincial Legislature

175. Provincial Legislature: The Legislature of the Province shall be unicameral, which shall be called the Provincial Assembly. 176. Formation of Provincial Assembly: (1) Each Provincial Assembly shall have members in the following numbers:-

(a) members numbering double the number of members elected to the House of Representatives from the respective Province under the 'first-past-the-post' electoral system,
(b) members elected under the proportional electoral system constituting the remaining forty percent, considering the number of members determined under clause (a) as sixty percent.

(2) For the election of members under clause (a) of sub-article (1), constituencies shall be determined on the basis of geography and population in accordance with Federal law.

(3) Sixty percent members of the Provincial Assembly shall be elected under the 'first-past-the-post' electoral system and forty percent members shall be elected under the proportional electoral system.

(4) The election of members of the Provincial Assembly under sub-article (3) shall be by secret ballot based on adult suffrage as provided by law.

(5) Every Nepali citizen who has completed the age of eighteen years and resides within the territory of the Province shall have the right to vote in any one constituency as provided by law.

(6) When political parties present candidacy for election to the Provincial Assembly under the proportional electoral system, the representation from women, Dalit, indigenous nationalities, Khas Arya, Madhesi, Tharu, Muslim, backward regions, minority communities, etc. on the basis of a closed list shall be made as provided by Federal law. While presenting candidacy, attention shall also be paid to the geographical balance of the respective Province. Explanation: For the purposes of this Part, "Khas Arya" shall mean the Kshetri, Brahmin, Thakuri, Sanyasi (Dashnami) communities.

(7) When a political party presents candidacy under sub-article (6), provision shall be made to ensure representation of persons with disabilities as well.

(8) If the seat of a member falls vacant when more than six months of the term of the Provincial Assembly remains, such seat shall be filled through the same electoral system by which it was filled.

(9) Notwithstanding anything contained elsewhere in this Article, at least one-third of the total number of members elected from each political party represented in the Provincial Assembly must be women.
Constitution of Nepal

While so electing, if one-third members of a political party among those elected under clause (a) of sub-article (1) are not women, that political party shall, when electing members under clause (b) of the same sub-article, ensure that at least one-third of the total members elected to the Provincial Assembly from its party are women.

(10) Any person qualified under Article 178 and entitled to vote in the election for member of the Provincial Assembly may, subject to law, become a candidate from any constituency in the Province. Provided that the same person shall not simultaneously be a candidate in more than one constituency.

(11) Other provisions relating to the election to the Provincial Assembly shall be as provided by Federal law. 177. Term of Provincial Assembly: (1) The term of the Provincial Assembly shall be five years, unless dissolved earlier under this Constitution.

(2) Notwithstanding anything contained in sub-article (1), while a declaration of a state of emergency or order is in force in the concerned Province, the term of the Provincial Assembly may be extended by Provincial Act, not exceeding one year.

(3) The term of the Provincial Assembly extended under sub-article (2) shall automatically expire six months after the date of revocation of the declaration of a state of emergency or order in the concerned Province. 178. Qualification for Member of Provincial Assembly: (1) A person having the following qualifications shall be qualified to become a member of the Provincial Assembly:-

(a) being a citizen of Nepal,
(b) being a voter of the concerned Province,
(c) having completed the age of twenty-five years,
(d) not being convicted of a criminal offence involving moral turpitude,
(e) not being disqualified by any law, and
(f) not holding any office of profit. Explanation: For the purposes of this clause, "office of profit" shall mean any position, other than a political position filled by election or nomination, that receives remuneration or financial benefits from a government fund.

(2) Any person holding a political office filled by election, nomination, or appointment, if elected as a member of the Provincial Assembly under this Part, such office shall automatically become vacant from the day he takes the oath of that office. 179. Oath of Member of Provincial Assembly: Members of the Provincial Assembly shall take an oath in accordance with Provincial law before taking part for the first time in a meeting of the Provincial Assembly or any of its committees. 180.
Constitution of Nepal

179. Oath of Member of Provincial Assembly: Members of the Provincial Assembly shall take an oath in accordance with Provincial law before taking part for the first time in a meeting of the Provincial Assembly or any of its committees. 180. Vacation of Seat of Member of Provincial Assembly: The seat of a member of the Provincial Assembly shall become vacant under any of the following circumstances:-

(a) if he submits a written resignation to the Speaker of the Provincial Assembly,
(b) if he does not have or ceases to have the qualification under Article 178,
(c) if the term of the Provincial Assembly expires or it is dissolved,
(d) if he is absent for ten consecutive meetings without notifying the Provincial Assembly,
(e) if the party for which he was elected as a candidate informs the Federal law that he has defected from the party,
(f) if he dies. 181. Decision on Disqualification of Member of Provincial Assembly: If a question arises as to whether a member of the Provincial Assembly is or has become disqualified under Article 178, the decision shall be made by the Constitutional Bench of the Supreme Court. 182. Speaker and Deputy Speaker of Provincial Assembly: (1) Within fifteen days from the date of the commencement of the first session of the Provincial Assembly, the members of the Provincial Assembly shall elect the Speaker and the Deputy Speaker of the Provincial Assembly from amongst themselves.

(2) While holding the election under sub-article (1), one of the Speaker or Deputy Speaker shall be a woman, and the Speaker and Deputy Speaker shall be representatives of different parties.
Constitution of Nepal

Provided that, if there is no representation of more than one party or if, despite representation, no candidacy is submitted, there shall be no bar for a member of the same party to become the Speaker or Deputy Speaker.

(3) If the office of the Speaker or Deputy Speaker falls vacant, the members of the Provincial Assembly shall fill the office of Speaker or Deputy Speaker by election from amongst themselves.

(4) In the absence of the Speaker, the Deputy Speaker shall preside over the Provincial Assembly.

(5) If the election of the Speaker and Deputy Speaker has not taken place or if both offices are vacant, the senior-most member present in terms of age shall preside over the meeting of the Provincial Assembly.

(6) The office of the Speaker or Deputy Speaker shall become vacant under any of the following circumstances:-

(a) if he ceases to be a member of the Provincial Assembly,

Provided that, in the event of the dissolution of the Provincial Assembly, the Speaker and Deputy Speaker holding office at that time shall continue in their offices until the day preceding the date of filing of nomination for the next election to the Provincial Assembly.

(b) if he submits a written resignation,
(c) if a motion that he has not conducted himself appropriately according to the office is passed by a two-thirds majority of the total number of then-existing members of the Provincial Assembly.

(7) The Deputy Speaker shall preside over the meeting of the Provincial Assembly where a motion for inappropriate conduct according to the office is discussed. The Speaker shall be entitled to participate and vote in the discussion on such motion. 183. Summoning and Prorogation of Session of Provincial Assembly: (1) The Provincial Head shall summon a session of the Provincial Assembly within twenty days from the date of the declaration of the final results of the election to the Provincial Assembly. Thereafter, the Provincial Head shall summon other sessions from time to time in accordance with this Constitution. Provided that the period between the termination of one session and the commencement of another session shall not exceed six months.

(2) The Provincial Head may prorogue a session of the Provincial Assembly.

(3) During the period when the session of the Provincial Assembly is not ongoing or when the meeting is adjourned, if one-fourth of the total number of members of the Provincial Assembly make a written request stating that it is desirable to call a session or meeting, the Provincial Head shall fix a date and time for such session or meeting. The session of the Provincial Assembly shall commence or the meeting shall sit on the date and time so fixed.
Constitution of Nepal

The session of the Provincial Assembly shall commence or the meeting shall sit on the date and time so fixed. 184. Address by Provincial Head: (1) The Provincial Head may address a meeting of the Provincial Assembly and may summon the members for that purpose.

(2) The Provincial Head shall address a meeting of the Provincial Assembly after the commencement of the first session following the election to the Provincial Assembly and the first session of each year. 185. Quorum of Provincial Assembly: Unless otherwise provided in this Constitution, no question or proposal shall be presented for decision at a meeting of the Provincial Assembly until at least one-fourth of the total number of members are present. 186. Voting in Provincial Assembly: Any proposal presented for decision in the Provincial Assembly shall be decided by a majority of the members present and voting. The person presiding shall not have the right to vote. Provided that, in the case of a tie, the person presiding shall exercise a casting vote. 187. Privileges of Provincial Assembly: (1) Subject to this Constitution, there shall be complete freedom of speech in the Provincial Assembly, and no member shall be arrested, detained, or prosecuted in any court for any matter expressed or any vote cast in the Provincial Assembly.

(2) Subject to this Constitution, the Provincial Assembly shall have full power to conduct its own business and decide its own proceedings, and the Provincial Assembly alone shall have the authority to decide whether its proceedings are regular or not. No question shall be raised in any court regarding this.

(3) No comment shall be made casting doubt on the good faith of any proceeding of the Provincial Assembly, and no publication or broadcast that knowingly gives a false or misleading meaning to any speech made by any member shall be made.

(4) The provisions of sub-articles (1) and (3) shall also apply to other persons who are entitled to participate in meetings of the Provincial Assembly, other than members of the Provincial Assembly.

(5) No person shall be prosecuted in court for the publication of any document, report, vote, or proceeding under the authority of the Provincial Assembly. Explanation: For the purposes of this sub-article and sub-articles (1), (2), (3), and (4), "Provincial Assembly" shall also include a committee meeting of the Provincial Assembly.

(6) A member of the Provincial Assembly shall not be arrested during the period from the issuance of the notice summoning a session until the end of the session. Provided that this sub-article shall not be deemed to prevent the arrest of any member under law on a criminal charge.
Constitution of Nepal

Provided that this sub-article shall not be deemed to prevent the arrest of any member under law on a criminal charge. If any member is so arrested, the arresting officer shall immediately give notice thereof to the person presiding over the Provincial Assembly.

(7) The violation of a privilege shall be deemed to be a contempt of the Provincial Assembly, and the Provincial Assembly alone shall have the authority to decide whether or not a privilege has been violated.

(8) If any person commits contempt of the Provincial Assembly, the person presiding over such Assembly may, by a decision of the Provincial Assembly, warn, admonish, or imprison such person for a term not exceeding three months or impose a fine not exceeding ten thousand rupees, and such fine shall be recovered as a government due. Provided that, if such person apologizes to the satisfaction of the Provincial Assembly, such Assembly may grant pardon or remit or reduce the punishment already imposed.

(9) Other provisions relating to the privileges of the Provincial Assembly shall be as provided by Provincial law. 188. Provision relating to Vote of Confidence and Motion of No-Confidence: (1) The Chief Minister may, at any time, if he deems necessary or appropriate to ascertain whether he has the confidence of the Provincial Assembly, present a proposal for a vote of confidence before the Provincial Assembly.

(2) If the party represented by the Chief Minister splits, or if a party participating in the Provincial Government withdraws its support, the Chief Minister must present a proposal for a vote of confidence before the Provincial Assembly within thirty days.

(3) If the proposal submitted under sub-articles (1) and (2) is not passed by a majority of the total number of then-existing members in the Provincial Assembly, the Chief Minister shall be relieved of his office.

(4) One-fourth of the total number of then-existing members in the Provincial Assembly may submit a motion of no-confidence in writing stating that the Provincial Assembly has no confidence in the Chief Minister.
Constitution of Nepal

Provided that such a motion of no-confidence shall not be submitted within the first two years of the appointment of the Chief Minister and within one year of the failure of a previously submitted motion of no-confidence.

(5) When submitting a motion of no-confidence under sub-article (4), the name of the member proposed for the Chief Minister must also be mentioned.

(6) If the motion of no-confidence submitted under sub-article (4) is passed by a majority of the total number of then-existing members in the Provincial Assembly, the Chief Minister shall be relieved of office.

(7) If the motion of no-confidence under sub-article (6) is passed and the office of the Chief Minister becomes vacant, the Provincial Head shall appoint the member of the Provincial Assembly proposed under sub-article (5) as the Chief Minister under Article 168. 189. Minister, Minister of State and Assistant Minister Entitled to Participate in Provincial Assembly Meeting: Ministers, Ministers of State, and Assistant Ministers shall be entitled to attend and take part in the proceedings and discussions of the Provincial Assembly and its committees. Provided that a Minister, Minister of State, or Assistant Minister who is not a member of the Provincial Assembly shall not be entitled to vote in the meeting of the Provincial Assembly or its committees, and a Minister, Minister of State, or Assistant Minister who is a member of the Provincial Assembly shall not be entitled to vote in the meetings of a committee other than the one of which he is a member. 190. Penalty for Sitting or Voting without Oath or Qualification: If any person, who has not taken the oath under Article 179 or who is not a member of the Provincial Assembly, attends or votes as a member in a meeting of the Provincial Assembly or any of its committees, he shall be liable, by order of the person presiding over that meeting, to a fine of five thousand rupees for each day of so attending or voting, and such fine shall be recovered as a government due. 191. Restriction on Discussion: No discussion shall take place in the Provincial Assembly regarding matters that may adversely affect the adjudication of a case pending in any court in Nepal, or regarding the judicial functions performed by a judge in the course of performing his duties. 192. Conduct of Business of Provincial Assembly in Case of Vacant Seat: The Provincial Assembly may conduct its business even if the seat of any member is vacant, and any proceedings already taken shall not become invalid even if it is subsequently discovered that a person who was not entitled to take part in the proceedings of the Provincial Assembly did so. 193.
Constitution of Nepal

193. Provincial Assembly may form Committee: The Provincial Assembly may, in order to systematize its functioning, form committees or special committees as necessary in accordance with the Rules. 194. Method of Conducting Business of Provincial Assembly: The Provincial Assembly shall make Rules to conduct its business, maintain order at meetings, and regulate the formation, functions, proceedings, and other matters related to committees. Until such Rules are made, the Provincial Assembly shall itself regulate its procedure. 195. Secretary and Secretariat of Provincial Assembly: (1) The Provincial Head shall, on the recommendation of the Speaker, appoint the Secretary of the Provincial Assembly.

(2) There shall be a secretariat for the conduct and management of the business of the Provincial Assembly. The establishment of such secretariat and other related provisions shall be as provided by Provincial law.

(3) The qualifications, functions, duties, powers, and other conditions of service of the Secretary of the Provincial Assembly shall be as provided by Provincial law. 196. Remuneration: The remuneration and facilities of the Speaker, Deputy Speaker, and members of the Provincial Assembly shall be as provided by Provincial law. Until such law is enacted, they shall be as determined by the Provincial Government. Part-15

Provincial Legislative Procedure

197. Legislative Power of Provincial Assembly: The legislative power of the Provincial Assembly shall extend to matters as mentioned in the Lists under Schedule-6, Schedule-7, and Schedule-9. 198. Method of Introducing Bill in Provincial Assembly: (1) Subject to this Constitution, a Bill may be introduced in the Provincial Assembly.

(2) A Money Bill and a Bill relating to peace and security shall be introduced only as a Government Bill.

(3) "Money Bill" means a Bill that relates to all or any of the following matters:-

(a) the levying, collection, abolition, remission, alteration, or regulation of taxes in the Province,
(b) the preservation of the Provincial Consolidated Fund or any other Provincial Government Fund, the deposit of money into such Fund, or the appropriation or expenditure of any money from such Fund, or the reduction, increase, or abolition of money sought to be appropriated or expended,
(c) the regulation of the borrowing of money or the giving of guarantee by the Provincial Government, or the amendment of the law relating to the financial obligations taken or to be taken by the Provincial Government,
(d) the custody, investment, or auditing of all types of revenue, money obtained from loan recovery, and grant money received in the Provincial Government Fund, or the auditing of the accounts of the Provincial Government, or
(e) matters incidental to those directly connected with clauses (a), (b), (c), or (d).
Constitution of Nepal

Provided that a Bill shall not be deemed to be a Money Bill merely because it provides for the levying of fees such as license fees, application fees, renewal fees, or other charges or fees, or for the imposition of fines or imprisonment.

(4) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the Provincial Assembly shall be final. 199. Procedure for Passing Bill: (1) A Bill passed by the Provincial Assembly shall be submitted to the Provincial Head for certification.

(2) If a Bill is pending and the session of the Provincial Assembly ends, proceedings on that Bill may continue in the next session. Provided that if the Provincial Assembly is dissolved or its term expires while a Bill is pending before it, such Bill shall lapse. 200. Withdrawal of Bill: The mover of a Bill may, with the consent of the Provincial Assembly, withdraw the Bill. 201. Certification of Bill: (1) A Bill submitted to the Provincial Head for certification under Article 199 shall be submitted after being certified by the Speaker of the Provincial Assembly. Provided that, in the case of a Money Bill, the Speaker shall certify that it is a Money Bill.

(2) The Provincial Head shall, within fifteen days of the receipt of a Bill submitted for certification under this Article, certify it and give notice thereof to the Provincial Assembly as soon as possible.

(3) If the Provincial Head considers it necessary to reconsider a Bill, other than a Money Bill, submitted for certification, he may return the Bill with a message to the Provincial Assembly within fifteen days of its submission.

(4) If the Provincial Head returns a Bill with a message under sub-article (3), and the Provincial Assembly reconsiders and passes the Bill in its original form or with amendments and resubmits it, the Provincial Head shall certify it within fifteen days of such resubmission.

(5) A Bill shall become an Act after certification by the Provincial Head. 202. Ordinance: (1) If, at any time, except when the session of the Provincial Assembly is ongoing, circumstances exist requiring immediate action, the Provincial Head may, on the recommendation of the Provincial Council of Ministers, promulgate an Ordinance.

(2) An Ordinance promulgated under sub-article (1) shall have the same force and effect as an Act.
Constitution of Nepal

Provided that every such Ordinance,-

(a) shall be presented at the meeting of the Provincial Assembly held after its promulgation, and it shall automatically cease to be in force if not accepted by the Provincial Assembly,
(b) may be revoked at any time by the Provincial Head, and
(c) shall automatically cease to be in force sixty days after the commencement of the meeting of the Provincial Assembly if not made ineffective or revoked under clauses (a) or (b). Part-16

Provincial Financial Procedure

203. No Tax or Loan to be Levied or Raised: (1) No tax shall be levied and collected in the Province except by or under the authority of law.

(2) No loan shall be raised and no guarantee shall be given by the Provincial Government except under Federal law. 204. Provincial Consolidated Fund: Except for trust funds, all types of revenue received by the Provincial Government, all loans raised on the security of revenue, all money received from the recovery of any loan given under the authority of a Provincial Act, and grants and loan money received from the Government of Nepal shall be credited to a single Provincial Government Fund, unless otherwise provided by a Provincial Act, which shall be called the Provincial Consolidated Fund. 205. Expenditure from Provincial Consolidated Fund or Provincial Government Fund: No money shall be withdrawn from the Provincial Consolidated Fund or any other Provincial Government Fund except the following amounts:-

(a) money charged on the Provincial Consolidated Fund,
(b) money to be spent under the Appropriation Act,
(c) money to be spent in the form of an advance under law when an Appropriation Bill is pending, or
(d) money to be spent by a Vote on Credit Act containing only a statement of expenditure in special circumstances. Provided that, in the case of the Provincial Emergency Fund, it shall be in accordance with Article 212. 206. Charge on Provincial Consolidated Fund: The expenditure relating to the following matters shall be charged on the Provincial Consolidated Fund, and the approval of the Provincial Assembly shall not be required for such expenditure:-

(a) amounts for the remuneration and facilities of the Speaker and Deputy Speaker of the Provincial Assembly,
(b) amounts for the remuneration and facilities of the Chairperson and Members of the Provincial Public Service Commission,
(c) charges relating to debt obligations of the Provincial Government,
(d) amounts payable under a judgment or order of a court against the Provincial Government, and
(e) amounts determined by Provincial law to be charged on the Provincial Consolidated Fund. 207.
Constitution of Nepal

207. Estimates of Revenue and Expenditure: (1) The Finance Minister of the Province shall, in respect of each financial year, present an annual estimate before the Provincial Assembly, including details of the following matters:-

(a) estimates of revenue,
(b) amounts required to be charged on the Provincial Consolidated Fund, and
(c) amounts required to be spent under a Provincial Appropriation Act.

(2) When presenting the annual estimate under sub-article (1), a statement shall also be submitted regarding the amount of expenditure allocated to each ministry in the preceding financial year and whether the target corresponding to the expenditure was achieved or not. 208. Provincial Appropriation Act: The amounts to be spent under a Provincial Appropriation Act shall be specified under heads in an Appropriation Bill. 209. Supplementary Estimates: (1) If any of the following circumstances arise in any financial year, the Finance Minister of the Province may present a supplementary estimate before the Provincial Assembly:-

(a) if the amount authorized to be spent for any service under the Provincial Appropriation Act for the current financial year is found insufficient, or if it is necessary to spend on a new service not authorized by the Provincial Appropriation Act for that year, or
(b) if the expenditure incurred in the current financial year exceeds the amount authorized under the Provincial Appropriation Act.

(2) The amounts included in the supplementary estimate shall be specified under the relevant heads in a Supplementary Appropriation Bill. 210. Vote on Account: (1) Notwithstanding anything contained elsewhere in this Part, while an Appropriation Bill is pending, any part of the estimated expenditure for the financial year may be spent in the form of an advance in accordance with a Provincial Act.

(2) A Vote on Account Bill shall not be presented until the estimates of revenue and expenditure under Article 207 are presented, and the amount of the advance shall not exceed one-third of the estimated expenditure for the financial year.

(3) The amount spent under a Provincial Vote on Account Act shall be included in the Appropriation Bill. 211. Vote on Credit: Notwithstanding anything contained elsewhere in this Part, if a situation of crisis arises in the Province due to natural causes or other reasons, making it impractical to present the details required under sub-article (1) of Article 207 or undesirable from the perspective of the security or interest of the Province, the Finance Minister of the Province may present before the Provincial Assembly a Vote on Credit Bill containing only a statement of expenditure. 212.
Constitution of Nepal

212. Provincial Emergency Fund: (1) A fund called the Provincial Emergency Fund may be established by a Provincial Act, and the amount determined from time to time by a Provincial Act shall be deposited in that Fund.

(2) The Fund under sub-article (1) shall be under the control of the Provincial Government. The Provincial Government may spend from such Fund for emergency purposes.

(3) The amount spent under sub-article (2) shall be reimbursed as soon as possible in accordance with a Provincial Act. 213. Act relating to Financial Procedure: The transfer of amounts appropriated under a Provincial Act from one head to another and other arrangements relating to financial procedure shall be as provided by Provincial Act. Part-17

Local Executive

214. Executive Power of Local Level: (1) The executive power of the local level shall, subject to this Constitution and Federal law, be vested in the Village Executive or the Municipal Executive.

(2) The local executive power shall extend to matters as mentioned in the Lists under Schedule-8 and Schedule-9.

(3) Subject to this Constitution and other laws, the responsibility for the general direction, control, and conduct of the governance system of the Rural Municipality and Municipality shall be of the Village Executive and Municipal Executive.

(4) The executive functions of the Rural Municipality and Municipality shall be carried out in the name of the Village Executive and the Municipal Executive.

(5) The certification of decisions or orders made in the name of the Village Executive and the Municipal Executive pursuant to sub-article (4) and related instruments shall be as provided by local law. 215. Provisions relating to Chairperson and Vice-Chairperson of Village Executive: (1) There shall be one Chairperson of the Village Executive in each Rural Municipality. The Village Executive shall be formed under his chairpersonship.

(2) The Village Executive under sub-article (1) shall include one Vice-Chairperson, the Ward Chairperson elected from each Ward, and members elected under sub-article (

(c) Whose name is included in the voter list of the municipality, and

(d) Who is not disqualified by any law.

(7) The election of the Municipal Assembly and other related arrangements shall be in accordance with the federal law. 224. President and Vice-President of the Village Assembly and Municipal Assembly: The President and Vice-President of the Village Executive, and the Mayor and Deputy Mayor of the Municipal Executive shall, respectively, be the ex-officio President and Vice-President of the Village Assembly and Municipal Assembly and perform functions. 225. Term of Office of the Village Assembly and Municipal Assembly: The term of office of the Village Assembly and Municipal Assembly shall be five years from the date of election.
Constitution of Nepal

225. Term of Office of the Village Assembly and Municipal Assembly: The term of office of the Village Assembly and Municipal Assembly shall be five years from the date of election. The election of the next Village Assembly and Municipal Assembly shall be completed within six months of the expiry of such term. 226. Power to make law: (1) The Village Assembly and Municipal Assembly may make necessary laws on matters listed in the Schedules 8 and 9.

(2) The procedure for making laws pursuant to sub-section (1) shall be as determined by the provincial law. 227. Other provisions relating to the Village Assembly and Municipal Assembly: The conduct of the Village Assembly and Municipal Assembly, procedure of meeting, formation of committees, circumstances for the vacancy of seats of members, facilities to be received by the members of the Village Assembly and Municipal Assembly, and other provisions relating to employees and offices of the Rural Municipality and Municipality shall be in accordance with the provincial law. Chapter-19

Local Fiscal System

228. No tax or loan to be levied or taken: (1) No tax shall be levied or collected and no loan shall be taken by a local level except in accordance with the law.

(2) A local level may, on matters within its jurisdiction, make law and levy tax in a manner that does not adversely affect the national economic policy, flow of goods and services, capital and labor markets, or neighboring province or local level. 229. Local Consolidated Fund: (1) Every Rural Municipality and Municipality under a local level shall have a Local Consolidated Fund. All revenues received by the Rural Municipality or Municipality, grants received from the Government of Nepal and the Provincial Government, and loans taken by the Rural Municipality or Municipality, and amounts received from other sources shall be deposited in such Fund.

(2) The provision relating to expenditures that may be made from the Local Consolidated Fund pursuant to sub-section (1) shall be in accordance with the local law. 230. Estimates of Revenues and Expenditure of Rural Municipality and Municipality: (1) Subject to this Constitution, the Village Executive and the Municipal Executive shall, in accordance with the local law, present the estimates of revenue and expenditure of each financial year to the Village Assembly or Municipal Assembly and get them approved.

(2) While presenting the estimates of revenue and expenditure pursuant to sub-section (1), if it is necessary to create a deficit budget, the Village Executive or Municipal Executive shall also propose the source of financing the deficit in accordance with the federal law and the provincial law. Chapter-20

Interrelations between the Federation, Province and Local Level

231.
Constitution of Nepal

Chapter-20

Interrelations between the Federation, Province and Local Level

231. Legislative interrelation between Federation and Province: (1) A federal law may be made applicable to the whole of Nepal or, as required, to any part of Nepal only.

(2) A provincial law may be made applicable to the whole province or, as required, to any part of the province only.

(3) If two or more provinces make a request to the Government of Nepal to make law on any matter listed in Schedule 6, the Federal Parliament may make the necessary law. Such law shall be applicable only to the concerned provinces. 232. Relations between Federation, Province and Local Level: (1) The relation between the Federation, Province and Local Level shall be based on the principles of cooperation, coexistence and coordination.

(2) The Government of Nepal may, on matters of national importance and on matters requiring coordination among provinces, give necessary directives to the Provincial Council of Ministers in accordance with this Constitution and the federal law, and it shall be the duty of the concerned Provincial Council of Ministers to comply with such directives.

(3) If any act seriously affecting the sovereignty, territorial integrity, nationality or independence of Nepal is done in a province, the President may, as required, caution the Provincial Council of Ministers of such province, or suspend or dissolve the Provincial Council of Ministers and the Provincial Assembly for a period not exceeding six months.

(4) If a Provincial Council of Ministers and Provincial Assembly are suspended or dissolved pursuant to sub-section (3), such action shall be approved by a majority of the total number of the existing members of the Federal Parliament within thirty-five days.

(5) If the action relating to dissolution under sub-section (3) is approved by the Federal Parliament, the election of the Provincial Assembly shall be held in such province within six months. Provided that if it is not approved by the Federal Parliament, such action relating to suspension or dissolution shall automatically become ineffective.

(6) If the suspension under sub-section (3) is approved under sub-section (4), federal governance shall remain in such province during the period of such suspension and until the election of the Provincial Assembly under sub-section (5) is held.

(7) During the period of federal governance, the Federal Parliament may make law on matters falling within the list under Schedule 6. Such law shall remain in force until it is repealed by another law made by the concerned Provincial Assembly.

(8) The Government of Nepal may, itself or through the Provincial Government, give necessary assistance and directives to the Village Executive or Municipal Executive in accordance with this Constitution and the federal law.
Constitution of Nepal

It shall be the duty of the Village Executive or Municipal Executive to comply with such directives. 233. Relations between Provinces: (1) One province shall render assistance in the implementation of the legal provisions or judicial and administrative decisions or orders of another province.

(2) One province may, with another province, exchange information, consult, coordinate its actions and legislation and extend mutual assistance on matters of common interest, concern and benefit.

(3) One province shall provide to the residents of another province equal security, treatment and facilities in accordance with the law of its province. 234. Inter-Provincial Council: (1) To settle political disputes arising between the Federation and a Province or between Provinces, there shall be an Inter-Provincial Council as follows: -

(a) Prime Minister – Chairperson
(b) Minister for Home Affairs of the Government of Nepal – Member
(c) Minister for Finance of the Government of Nepal – Member
(d) Chief Minister of the concerned Province – Member

(2) The meeting of the Inter-Provincial Council shall meet as required.

(3) The Inter-Provincial Council may invite Ministers of the Government of Nepal and Ministers of the concerned Province and experts related to the subject matter of the dispute to its meeting.

(4) The procedure relating to the meeting of the Inter-Provincial Council shall be as determined by the Council itself. 235. Coordination between Federation, Province and Local Level: (1) To maintain coordination between the Federation, Province and Local Level, the Federal Parliament shall make necessary laws.

(2) To maintain coordination between a Province, Rural Municipality or Municipality, and if any political dispute arises, the Provincial Assembly may, in coordination with the concerned Rural Municipality, Municipality and District Coordination Committee, settle such dispute.

(3) The process and procedure for settling disputes under sub-section (2) shall be in accordance with the provincial law. 236. Inter-Provincial Trade: Notwithstanding anything elsewhere written in this Constitution, no obstruction or hindrance of any kind shall be caused to the transport of goods or extension of services from one province or local level to the area of another province or local level, or to the transport of goods or extension of services in the area of any province or local level, nor shall any fee, charge or revenue be levied, nor any discrimination of any kind be made in such transport or extension of services or goods. 237. Not to affect the jurisdiction of the Constitutional Bench of the Supreme Court: Nothing written in this Part shall affect the jurisdiction of the Constitutional Bench of the Supreme Court under Article 137. Part-21

Commission for the Investigation of Abuse of Authority

238.
Constitution of Nepal

237. Not to affect the jurisdiction of the Constitutional Bench of the Supreme Court: Nothing written in this Part shall affect the jurisdiction of the Constitutional Bench of the Supreme Court under Article 137. Part-21

Commission for the Investigation of Abuse of Authority

238. Commission for the Investigation of Abuse of Authority: (1) There shall be a Commission for the Investigation of Abuse of Authority in Nepal consisting of a Chief Commissioner and other four Commissioners. The Chief Commissioner shall act as the chairperson of the Commission for the Investigation of Abuse of Authority.

(2) The President shall appoint the Chief Commissioner and Commissioners on the recommendation of the Constitutional Council.

(3) The term of office of the Chief Commissioner and Commissioners shall be six years from the date of appointment.

(4) Notwithstanding anything written in sub-section (3), the office of the Chief Commissioner or Commissioner shall become vacant in any of the following circumstances: -

(a) If he/she submits a written resignation to the President,
(b) If his/her age attains sixty-five years,
(c) If an impeachment motion is passed against him/her under Article 101,
(d) If the President, on the recommendation of the Constitutional Council, removes him/her from office on the ground that he/she is unable to perform duties due to physical or mental illness,
(e) If his/her death occurs.

(5) The Chief Commissioner and Commissioner appointed under sub-section (2) shall not be re-appointed. Provided that a Commissioner may be appointed to the post of Chief Commissioner, and if such Commissioner is appointed to the post of Chief Commissioner, the period of service as Commissioner shall also be added for the calculation of his/her term of office.

(6) A person having the following qualification shall be eligible for appointment to the post of Chief Commissioner or Commissioner of the Commission for the Investigation of Abuse of Authority: -

(a) Having obtained a Bachelor's degree from a recognized university,
(b) Not being a member of any political party at the time of appointment,
(c) Having worked for at least twenty years in the field of accounts, revenue, engineering, law, development or research and gained experience and reputation,
(d) Having attained the age of forty-five years, and
(e) Being of high moral character.

(7) The remuneration and terms of service of the Chief Commissioner and Commissioners shall be in accordance with the federal law. So long as the Chief Commissioner and Commissioners hold office, the remuneration and terms of service shall not be changed to their disadvantage.