yamraj047/nepali-legal-rag-data huggingface dataset:
THE CONSTITUTION OF NEPAL
Part-16
Section 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. 131
THE CONSTITUTION OF NEPAL
Part-16
Section 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.
THE CONSTITUTION OF NEPAL
Part-16
Section 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.
THE CONSTITUTION OF NEPAL
Part-16
Section 207: Estimates of revenues and expenditures:
Subsection (2)
(1) The State Minister for Finance 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 132 previous financial year and particulars of whether the objectives of the expenses have been achieved.
THE CONSTITUTION OF NEPAL
Part-16
Section 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.
THE CONSTITUTION OF NEPAL
Part-16
Section 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.
THE CONSTITUTION OF NEPAL
Part-16
Section 209: Supplementary estimates:
Subsection (2)
(1) The State Minister for Finance may lay before The sums included in the supplementary estimates shall be specified under the heads in a Supplementary Appropriation Bill.
THE CONSTITUTION OF NEPAL
Part-16
Section 210: Votes on Account:
(1) Notwithstanding anything contained elsewhere in this Part, a portion of the expenditure estimated for the financial year may, when a State Appropriation Bill is under consideration, be incurred in advance under a State Act.
THE CONSTITUTION OF NEPAL
Part-16
Section 210: Votes on Account:
Subsection (2)
(1) Notwithstanding anything contained elsewhere in this 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.
THE CONSTITUTION OF NEPAL
Part-16
Section 210: Votes on Account:
Subsection (3)
(1) Notwithstanding anything contained elsewhere in this The expenditures incurred in accordance with the State Vote on Account Act shall be included in the State Appropriation Bill. 133
THE CONSTITUTION OF NEPAL
Part-16
Section 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 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.
THE CONSTITUTION OF NEPAL
Part-16
Section 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.
THE CONSTITUTION OF NEPAL
Part-16
Section 212: State Contingency Fund:
Subsection (2)
(1) A State Act may create a Fund to be known as the 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.
THE CONSTITUTION OF NEPAL
Part-16
Section 212: State Contingency Fund:
Subsection (3)
(1) A State Act may create a Fund to be known as the The amount of the expenditure under clause (2) shall be reimbursed as soon as possible by the State Act.
THE CONSTITUTION OF NEPAL
Part-16
Section 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. 134
THE CONSTITUTION OF NEPAL
Part-17
Section 214: Executive power of Local Level:
(1) The executive power of the Local Level shall, pursuant to this Constitution and the Federal law, be vested in the Village Executive or the Municipal Executive.
THE CONSTITUTION OF NEPAL
Part-17
Section 214: Executive power of Local Level:
Subsection (2)
(1) The executive power of the Local Level The local executive power shall be as mentioned in Schedule-8 and Schedule-9.
THE CONSTITUTION OF NEPAL
Part-17
Section 214: Executive power of Local Level:
Subsection (3)
(1) The executive power of the Local Level The responsibility for issuing general directives, controlling and regulating the governance of the Village Body and the Municipality shall, subject to this Constitution and other laws, lie in the Village Executive and the Municipal Executive.
THE CONSTITUTION OF NEPAL
Part-17
Section 214: Executive power of Local Level:
Subsection (4)
(1) The executive power of the Local Level The executive functions of the Village Body and the Municipality shall be performed in the name of the Village Executive and the Municipal Executive.
THE CONSTITUTION OF NEPAL
Part-17
Section 214: Executive power of Local Level:
Subsection (5)
(1) The executive power of the Local Level Any decision or order to be issued in the name of the Village Executive and the Municipal Executive pursuant to clause (4) and other instruments of authorization pertaining thereto shall be authenticated as provided for in the Local law.
THE CONSTITUTION OF NEPAL
Part-17
Section 215: Provisions relating to Chairperson and Vice-Chairperson of Village Executive
Subsection (1)
There shall be a Chairperson of Village Executive in each Village Body. The Village Executive shall be formed under his or her chairpersonship.
THE CONSTITUTION OF NEPAL
Part-17
Section 215: Provisions relating to Chairperson and Vice-Chairperson of Village Executive
Subsection (2)
The Village Executive under clause (1) shall consist of one ViceChairperson, Ward Chairperson elected from each Ward and members elected pursuant to clause (4).
THE CONSTITUTION OF NEPAL
Part-17
Section 215: Provisions relating to Chairperson and Vice-Chairperson of Village Executive
Subsection (3)
The Chairperson and the Vice-Chairperson shall be elected by the voters residing within the concerned Village Body area by secret ballots on the 135 basis of one person one vote, in accordance with the first past the post electoral system. Explanation: For the purposes of this Article, "Chairperson" and "ViceChairperson" mean the Chairperson and the Vice-Chairperson of the Village Executive.
THE CONSTITUTION OF NEPAL
Part-17
Section 215: Provisions relating to Chairperson and Vice-Chairperson of Village Executive
Subsection (4)
The members of the Village Executive shall also include four women members elected by the members of the Village Assembly from amongst themselves and two members elected by the Village Assembly from the Dalit or minority communities, in possession of the qualification under clause (5), no later than fifteen days after the final results of the election to the Village Assembly under Article 222.
THE CONSTITUTION OF NEPAL
Part-17
Section 215: Provisions relating to Chairperson and Vice-Chairperson of Village Executive
Subsection (5)
A person who has the following qualification shall be qualified to be elected to the office of the Chairperson, Vice-Chairperson, Ward Chairperson and member: (a) being a citizen of Nepal, (b) having completed the age of twenty one years, (c) being a voter whose name is included in the electoral rolls of the Village Body, (d) not being disqualified by any law.
THE CONSTITUTION OF NEPAL
Part-17
Section 215: Provisions relating to Chairperson and Vice-Chairperson of Village Executive
Subsection (6)
The term of office of the Chairperson, Vice-Chairperson, Ward Chairperson and member shall be five years after the date of being elected.
THE CONSTITUTION OF NEPAL
Part-17
Section 215: Provisions relating to Chairperson and Vice-Chairperson of Village Executive
Subsection (7)
A person who has been elected as the Chairperson for two terms shall not be eligible to be a candidate in an election to the Village Body.
THE CONSTITUTION OF NEPAL
Part-17
Section 215: Provisions relating to Chairperson and Vice-Chairperson of Village Executive
Subsection (8)
The office of the Chairperson, Vice-Chairperson, Ward Chairperson or member shall become vacant in any of the following circumstances: 136 (a) if the Chairperson tenders resignation in writing to the Vice-Chairperson, and if the Vice-Chairperson tenders resignation before the Chairperson, (b) if his or her term of office expires, (c) if he or she dies.
THE CONSTITUTION OF NEPAL
Part-17
Section 215: Provisions relating to Chairperson and Vice-Chairperson of Village Executive
Subsection (9)
If the seat falls vacant under clause (7) while the term of office of the Chairperson or Vice-Chairperson still remains for more than one year, the vacancy shall be filled through by-election for the remainder of term.
THE CONSTITUTION OF NEPAL
Part-17
Section 216: Provisions relating to Mayor and Deputy Mayor of Municipal Executive:
(1) Each Municipality shall have a Mayor. The Municipal Executive shall be formed under his or her chairpersonship.
THE CONSTITUTION OF NEPAL
Part-17
Section 216: Provisions relating to Mayor and Deputy Mayor of Municipal Executive:
Subsection (2)
(1) The Municipal Executive under clause (1) shall consist of one Deputy Mayor, Ward Chairperson elected from each Ward and members elected pursuant to clause (4).
THE CONSTITUTION OF NEPAL
Part-17
Section 216: Provisions relating to Mayor and Deputy Mayor of Municipal Executive:
Subsection (3)
(1) The Mayor and the Deputy Mayor shall be elected by the voters residing within the concerned Municipal area by secret ballots on the basis of one person one vote, in accordance with the first past the post electoral system. Explanation: For the purposes of this Article, "Mayor" and "Deputy Mayor" mean the Mayor and the Deputy Mayor of the Municipal Executive.
THE CONSTITUTION OF NEPAL
Part-17
Section 216: Provisions relating to Mayor and Deputy Mayor of Municipal Executive:
Subsection (4)
(1) The members of the Municipal Executive shall also include five women members elected by the members of the Municipal Assembly from amongst themselves and three members elected by the Municipal Assembly from the Dalit or minority communities, in possession of the qualification under clause (5), no later than fifteen days after the final results of the election to the Municipal Assembly under Article 223. 137
THE CONSTITUTION OF NEPAL
Part-17
Section 216: Provisions relating to Mayor and Deputy Mayor of Municipal Executive:
Subsection (5)
(1) A person who has the following qualification shall be qualified to be elected to the office of the Mayor, Deputy Mayor, Ward Chairperson and member: (a) being a citizen of Nepal, (b) having completed the age of twenty one years, (c) being a voter whose name is included in the electoral rolls of the Municipality, (d) not being disqualified by any law.
THE CONSTITUTION OF NEPAL
Part-17
Section 216: Provisions relating to Mayor and Deputy Mayor of Municipal Executive:
Subsection (6)
(1) The term of office of the Mayor, Deputy Mayor, Ward Chairperson and member shall be five years after the date of being elected.
THE CONSTITUTION OF NEPAL
Part-17
Section 216: Provisions relating to Mayor and Deputy Mayor of Municipal Executive:
Subsection (7)
(1) A person who has been elected as the Mayor for two terms shall not be eligible to be a candidate in an election to the Municipality.
THE CONSTITUTION OF NEPAL
Part-17
Section 216: Provisions relating to Mayor and Deputy Mayor of Municipal Executive:
Subsection (8)
(1) The office of the Mayor, Deputy Mayor, Ward Chairperson or Member shall become vacant in any of the following circumstances: (a) if the Mayor tenders resignation in writing to the Deputy Mayor, and if the Deputy Mayor tenders resignation in writing before the Mayor, (b) if his or her term of office expires, (c) if he or she dies.
THE CONSTITUTION OF NEPAL
Part-17
Section 216: Provisions relating to Mayor and Deputy Mayor of Municipal Executive:
Subsection (9)
(1) If the seat falls vacant under clause (8) while the term of office of the Mayor or Deputy Mayor still remains for more than one year, the vacancy shall be filled through by-election for the remainder of term.
THE CONSTITUTION OF NEPAL
Part-17
Section 217: Judicial Committee:
(1) There shall be a three-member judicial committee to be coordinated by its Vice-Chairperson in the case of a Village Body and by its Deputy Mayor in the case of a Municipality, in order to settle disputes under their respective jurisdictions in accordance with law. 138
THE CONSTITUTION OF NEPAL
Part-17
Section 217: Judicial Committee:
Subsection (2)
(1) There shall be a three-member judicial committee to The judicial committee under clause (1) shall consist of two members elected by the members of the Village Assembly or the Municipal Assembly from amongst themselves.
THE CONSTITUTION OF NEPAL
Part-17
Section 218: Conduct of business of Village Executive and Municipal Executive: Allocation
and conduct of business of the Village Executive and the Municipal Executive shall be carried out in accordance with the rules approved by the Village Executive and the Municipal Executive, respectively.
THE CONSTITUTION OF NEPAL
Part-17
Section 219: Other provisions relating to Local Level Executive: Other provisions relating
to the Local Level Executive, except those contained in this Part, shall be as provided for in the Federal law, subject to this Constitution.
THE CONSTITUTION OF NEPAL
Part-17
Section 220: District Assembly and District Coordination Committee:
(1) There shall be a District Assembly to make coordination between the Village Bodies and Municipalities within the district.
THE CONSTITUTION OF NEPAL
Part-17
Section 220: District Assembly and District Coordination Committee:
Subsection (2)
(1) There shall be a The District Assembly shall consist of Chairpersons and ViceChairpersons of Village Executives, and Mayors and Deputy Mayors of Municipal Executives within the district. The first meeting of the District Assembly shall be held no later than thirty days of the date of final results of the election to the Village Assemblies and the Municipal Assemblies.
THE CONSTITUTION OF NEPAL
Part-17
Section 220: District Assembly and District Coordination Committee:
Subsection (3)
(1) There shall be a The District Assembly shall elect the District Coordination Committee consisting of a maximum of nine Members including one Chief, one Deputy Chief, at least three women and at least one Dalit or minority. The District Coordination Committee shall discharge all functions required to be discharged by the District Assembly.
THE CONSTITUTION OF NEPAL
Part-17
Section 220: District Assembly and District Coordination Committee:
Subsection (4)
(1) There shall be a A Member of a Village Assembly or Municipal Assembly within the concerned district shall be eligible to be a candidate for the office of Chief, Deputy Chief or Member of the District Coordination Committee. If elected to the office of Chief, Deputy Chief or Member of the District Coordination 139 Committee, his or her office of Member of Village Assembly or of Municipal Assembly shall ipso facto lapse.
THE CONSTITUTION OF NEPAL
Part-17
Section 220: District Assembly and District Coordination Committee:
Subsection (5)
(1) There shall be a The term of office of the Chief, Deputy Chief and member of the District Coordination Committee shall be five years after the date of being elected.
THE CONSTITUTION OF NEPAL
Part-17
Section 220: District Assembly and District Coordination Committee:
Subsection (6)
(1) There shall be a The office of the Chief, Deputy Chief and member of the District Coordination Committee shall become vacant in any of the following circumstances: (a) if the Chief tenders resignation in writing before the Deputy Chief, and if the Deputy Chief or member tenders resignation in writing before the Chief, (b) if his or her term of office expires, (c) if he or she dies.
THE CONSTITUTION OF NEPAL
Part-17
Section 220: District Assembly and District Coordination Committee:
Subsection (7)
(1) There shall be a The functions, duties and powers of the District Assembly shall be as follows: (a) to make coordination between the Village Bodies and Municipalities within the district, (b) to monitor development and construction works to make balance of such works, (c) to make coordination between the Federal and the State Government offices and Village Bodies and Municipalities in the district, (d) to perform other functions as provided for in the State law.
THE CONSTITUTION OF NEPAL
Part-17
Section 220: District Assembly and District Coordination Committee:
Subsection (8)
(1) There shall be a Provisions relating to the conduct of the District Assembly, facilities of Members of the District Coordination Committee and other matters relating to the District Assembly shall be as provided for in the State law. 140
THE CONSTITUTION OF NEPAL
Part-18
Section 221: Legislative powers of Local Level:
(1) The legislative powers of the Local Level shall be vested in the Village Assembly and the Municipal Assembly, subject to this Constitution.
THE CONSTITUTION OF NEPAL
Part-18
Section 221: Legislative powers of Local Level:
Subsection (2)
(1) The legislative powers of the Local The legislative powers of the Village Assembly and the Municipal Assembly shall be as mentioned in the lists contained in Schedule-8 and Schedule-9.
THE CONSTITUTION OF NEPAL
Part-18
Section 222: Composition of Village Assembly:
(1) Each Village Body shall have a Village Assembly.
THE CONSTITUTION OF NEPAL
Part-18
Section 222: Composition of Village Assembly:
Subsection (2)
(1) Each Village Body shall have a Village A Village Assembly under clause (1) shall consist of the Chairperson and Vice-Chairperson of the Village Executive, Ward Chairpersons, and four members elected from each ward and Members of the Village Executive elected from Dalit and minority communities pursuant to clause (4) of Article 215.
THE CONSTITUTION OF NEPAL
Part-18
Section 222: Composition of Village Assembly:
Subsection (3)
(1) Each Village Body shall have a Village A Village Assembly to be formed under clause (1) shall have representation of at least two women from each ward.
THE CONSTITUTION OF NEPAL
Part-18
Section 222: Composition of Village Assembly:
Subsection (4)
(1) Each Village Body shall have a Village Each ward of a Village Body under the Federal law shall have a Ward Committee composed of the Ward Chairperson and four members. Such Ward Chairperson and Ward members shall be elected in accordance with the first past the post electoral system.
THE CONSTITUTION OF NEPAL
Part-18
Section 222: Composition of Village Assembly:
Subsection (5)
(1) Each Village Body shall have a Village Every person who has completed the age of eighteen years and whose name is included in the electoral rolls of the Village Body shall have a right to vote as provided for in the Federal law.
THE CONSTITUTION OF NEPAL
Part-18
Section 222: Composition of Village Assembly:
Subsection (6)
(1) Each Village Body shall have a Village A person who has the following qualification shall be qualified to become a candidate for the office of the Member of the Village Assembly: 141 (a) being a citizen of Nepal, (b) having completed the age of twenty one years, (c) being his or her name included in the electoral rolls of the Village Body, and (d) not being disqualified by any law.
THE CONSTITUTION OF NEPAL
Part-18
Section 222: Composition of Village Assembly:
Subsection (7)
(1) Each Village Body shall have a Village Matters relating to the election to the Village Assembly and other matters pertaining thereto shall be as provided for in the Federal law.
THE CONSTITUTION OF NEPAL
Part-18
Section 223: Composition of Municipal Assembly:
(1) Each Municipality shall have a Municipal Assembly.
THE CONSTITUTION OF NEPAL
Part-18
Section 223: Composition of Municipal Assembly:
Subsection (2)
(1) Each Municipality shall have a A Municipal Assembly under clause (1) shall consist of the Mayor and the Deputy Mayor of the Municipal Executive, Ward Chairpersons, and four members elected from each Ward and members of the Municipal Executive elected from Dalit or minority communities pursuant to clause (4) of Article 216.
THE CONSTITUTION OF NEPAL
Part-18
Section 223: Composition of Municipal Assembly:
Subsection (3)
(1) Each Municipality shall have a A Municipal Assembly to be formed under clause (1) shall have representation of at least two women from each Ward.
THE CONSTITUTION OF NEPAL
Part-18
Section 223: Composition of Municipal Assembly:
Subsection (4)
(1) Each Municipality shall have a Each ward of a Municipality shall have a Ward Committee composed of one Ward Chairperson and four members as provided for in the Federal law. Such Ward Chairperson and Ward members shall be elected in accordance with the first past the post electoral system.
THE CONSTITUTION OF NEPAL
Part-18
Section 223: Composition of Municipal Assembly:
Subsection (5)
(1) Each Municipality shall have a Every person who has completed the age of eighteen years and whose name is included in the electoral rolls of the Municipality shall have a right to vote as provided for in the Federal law.
THE CONSTITUTION OF NEPAL
Part-18
Section 223: Composition of Municipal Assembly:
Subsection (6)
(1) Each Municipality shall have a A person who has the following qualification shall be qualified to be a candidate for the office of member of the Municipal Assembly: (a) being a citizen of Nepal, 142 (b) having completed the age of twenty one years, (c) being his or her name included in the electoral rolls of the Municipality, and (d) not being disqualified by any law.
THE CONSTITUTION OF NEPAL
Part-18
Section 223: Composition of Municipal Assembly:
Subsection (7)
(1) Each Municipality shall have a Matters relating to the election to the Municipal Assembly and other matters pertaining thereto shall be as provided for in the Federal law.
THE CONSTITUTION OF NEPAL
Part-18
Section 224: Chairperson and Vice-Chairperson of Village Assembly and Municipal
Assembly: The Chairperson and Vice-Chairperson of a Village Executive and the Mayor and Deputy Mayor of a Municipal Executive shall ipso facto be the Chairperson and Vice-Chairperson of the Village Assembly and the Municipal Assembly, respectively, and perform functions as such.
THE CONSTITUTION OF NEPAL
Part-18
Section 225: Term of Village Assembly and Municipal Assembly: The term of a Village
Assembly and of a Municipal Assembly shall be five years for the date of election. Another Village Assembly and Municipal Assembly shall be elected not later than six months of the expiration of such a term.
THE CONSTITUTION OF NEPAL
Part-18
Section 226: Powers to make law:
(1) A Village Assembly and a Municipal Assembly may make necessary laws on the matters set forth in the Lists contained in Schedule-8 and Schedule-9.
THE CONSTITUTION OF NEPAL
Part-18
Section 226: Powers to make law:
Subsection (2)
(1) A Village Assembly and a Municipal Assembly may The process for making laws under clause (1) shall be as provided for in the State Law.
THE CONSTITUTION OF NEPAL
Part-18
Section 227: Other provisions relating to Village Assembly and Municipal Assembly: Other
matters relating to the conduct of business of a Village Assembly and Municipal Assembly, rules of procedures of meetings, formation of committees, conditions in which the office of member falls vacant, facilities receivable by members of the Village Assembly and Municipal Assembly and employees and offices of the Village Body and Municipality shall be as provided for in the State law. 143
THE CONSTITUTION OF NEPAL
Part-19
Section 228: No tax to be levied or loan to be raised:
(1) No tax shall be levied and collected and no loan raised in the Local level except in accordance with law.
THE CONSTITUTION OF NEPAL
Part-19
Section 228: No tax to be levied or loan to be raised:
Subsection (2)
(1) No tax shall be levied and collected The Local level may levy tax by law on matters falling within its domain without prejudice to national economic policies, carriage of goods and services, capital and labour market, and the neighbouring State or Local level.
THE CONSTITUTION OF NEPAL
Part-19
Section 229: Local Consolidated Fund:
(1) Each Village Body and Municipality under the Local Level shall have one Local Consolidate Fund. All revenues received by the Village Body or Municipality, any amounts of grants received from the Government of Nepal and the State Government, all loans raised by the Village Body and Municipality, and amounts received from other sources shall be credited to such a Fund.
THE CONSTITUTION OF NEPAL
Part-19
Section 229: Local Consolidated Fund:
Subsection (2)
(1) Each Village Body and Municipality under the Matters relating to expenditures from the Local Consolidated Fund under clause (1) shall be as provided for in the Local law.
THE CONSTITUTION OF NEPAL
Part-19
Section 230: Estimates of revenues and expenditures of Village Body and Municipality:
(1) The Village Executive and the Municipal Executive shall, subject to this Constitution, lay an estimate of revenues and expenditures of every financial year before, and have the estimate passed by, the Village Assembly and the Municipal Assembly, respectively, as provided for in the Local law.
THE CONSTITUTION OF NEPAL
Part-19
Section 230: Estimates of revenues and expenditures of Village Body and Municipality:
Subsection (2)
(1) If, in laying an estimate of revenues and expenditures under clause (1), the Village Executive or Municipal Executive is required to make a deficit budget, it must purpose also the sources to meet the deficit as provided for in the Federal law and the State law. 144
THE CONSTITUTION OF NEPAL
Part-20
Section 231: Legislative interrelations between Federation and States:
(1) The Federal Law may be made to be applicable to the whole of, or, if required, to any part of, the territory of Nepal.
THE CONSTITUTION OF NEPAL
Part-20
Section 231: Legislative interrelations between Federation and States:
Subsection (2)
(1) The Federal Law A State law may be made to be applicable to the whole of, or as required, to any part of the territory of the State.
THE CONSTITUTION OF NEPAL
Part-20
Section 231: Legislative interrelations between Federation and States:
Subsection (3)
(1) The Federal Law If two or more States make a request to the Government of Nepal to make laws on any matter enumerated in Schedule-6, the Federal Parliament may make necessary laws. Such laws shall be applicable only to the concerned States.
THE CONSTITUTION OF NEPAL
Part-20
Section 232: Relations between Federation, State and Local level:
(1) The relations between the Federation, States, and Local level shall be based on the principles of cooperation, co-existence and coordination.
THE CONSTITUTION OF NEPAL
Part-20
Section 232: Relations between Federation, State and Local level:
Subsection (2)
(1) The relations between The Government of Nepal may, pursuant to this Constitution and the Federal Law, give necessary directions to any State Council of Ministers on matters of national importance and on matters to be coordinated between the States, and it shall be the duty of the concerned State Council of Ministers to abide by such directions.
THE CONSTITUTION OF NEPAL
Part-20
Section 232: Relations between Federation, State and Local level:
Subsection (3)
(1) The relations between If any such type of act as may seriously undermine the sovereignty, territorial integrity, nationality or independence of Nepal is carried out in any State, the President may, as required, warn such State Council of Ministers, suspend or dissolve the State Council of Ministers and the State Assembly for a period not exceeding six months.
THE CONSTITUTION OF NEPAL
Part-20
Section 232: Relations between Federation, State and Local level:
Subsection (4)
(1) The relations between Any suspension or dissolution of any State Council of Ministers and State Assembly made pursuant to clause (3) must get ratified by a two- 145 thirds majority of the total number of the then members of the Federal Parliament within thirty five days.
THE CONSTITUTION OF NEPAL
Part-20
Section 232: Relations between Federation, State and Local level:
Subsection (5)
(1) The relations between If dissolution made pursuant to clause (3) is ratified by the Federal Parliament, election to the State Assembly shall be held in such State within six months. Provided that such suspension or dissolution shall ipso facto be invalid if it is not ratified by the Federal Parliament.
THE CONSTITUTION OF NEPAL
Part-20
Section 232: Relations between Federation, State and Local level:
Subsection (6)
(1) The relations between The Federal ruling shall apply to such State during the period of such suspension if the suspension made pursuant to clause (3) is ratified pursuant to clause (4) and until election to the State Assembly is held pursuant to clause (5).
THE CONSTITUTION OF NEPAL
Part-20
Section 232: Relations between Federation, State and Local level:
Subsection (7)
(1) The relations between During the continuance of the Federal rule, the Federal Parliament may make laws with respect to any matter enumerated in the List contained in Schedule-6. Such laws shall continue to exist until repealed by other laws made by the concerned State Assembly.
THE CONSTITUTION OF NEPAL
Part-20
Section 232: Relations between Federation, State and Local level:
Subsection (8)
(1) The relations between The Government of Nepal may, directly or through the State Government, render necessary assistance to, and give necessary directives to, any Village Executive or Municipal Executive, pursuant to this Constitution and the Federal law. It shall be the duty of the Village Executive or Municipal Executive to abide by such directives.
THE CONSTITUTION OF NEPAL
Part-20
Section 233: Relations between States:
(1) One State shall render assistance in the execution of legal provisions or judicial and administrative decisions or orders of another State.
THE CONSTITUTION OF NEPAL
Part-20
Section 233: Relations between States:
Subsection (2)
(1) One State shall render assistance in the execution A State may exchange information and consult with another State on matters of common concern and interest, coordinate each other on their activities and legislations and extend mutual assistance. 146
THE CONSTITUTION OF NEPAL
Part-20
Section 233: Relations between States:
Subsection (3)
(1) One State shall render assistance in the execution A State shall, in accordance with its State law, provide equal security, treatment and facility to residents of another State.
THE CONSTITUTION OF NEPAL
Part-20
Section 234: Inter-State Council:
(1) There shall be an Inter-State Council as follows to settle political disputes arising between the Federation and a State and between States: (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 Ministers of the concerned States - Member
THE CONSTITUTION OF NEPAL
Part-20
Section 234: Inter-State Council:
Subsection (2)
(1) There shall be an Inter-State Council as follows to The Inter-State Council may meet as required.
THE CONSTITUTION OF NEPAL
Part-20
Section 234: Inter-State Council:
Subsection (3)
(1) There shall be an Inter-State Council as follows to The Inter-State Council may invite to its meeting a Minister of the Government of Nepal and a Minister of the concerned State who is responsible for the matter of dispute and a concerned expert.
THE CONSTITUTION OF NEPAL
Part-20
Section 234: Inter-State Council:
Subsection (4)
(1) There shall be an Inter-State Council as follows to The rules of procedures of the meeting of the Inter-State Council shall be as determined by the Council itself.
THE CONSTITUTION OF NEPAL
Part-20
Section 235: Coordination between Federation, State and Local Level:
(1) The Federal Parliament shall make necessary laws in order to maintain coordination between the Federation, State and Local level.
THE CONSTITUTION OF NEPAL
Part-20
Section 235: Coordination between Federation, State and Local Level:
Subsection (2)
(1) The Federal The State Assembly may maintain coordination between the State and Village Bodies or Municipalities and settle political disputes, if any, that have arisen, in coordination with the concerned Village Body, Municipality and the District Coordination Committee.
THE CONSTITUTION OF NEPAL
Part-20
Section 235: Coordination between Federation, State and Local Level:
Subsection (3)
(1) The Federal The processes and procedures for the settlement of disputes under clause (2) shall be as provided for in the State law.
THE CONSTITUTION OF NEPAL
Part-20
Section 236: Inter-State trade: Notwithstanding anything contained elsewhere in this
Constitution, it is prohibited to make any kind of obstruction to the carriage of 147 goods or extension of services by a State or Local level to another State or Local level or to the carriage of goods or extension of services to any State or Local Level or to levy tax, fee or charge thereon or to make any kind of discrimination on the carriage or extension of such services or goods.
THE CONSTITUTION OF NEPAL
Part-20
Section 237: Not to affect jurisdiction of Constitutional Bench of Supreme Court: Nothing
contained in this Part shall affect the jurisdiction of the Constitutional Bench of the Supreme Court under Article 137. 148
THE CONSTITUTION OF NEPAL
Part-21
Section 238: Commission for the Investigation of Abuse of Authority:
(1) There shall be a Commission for the Investigation of Abuse of Authority of Nepal, consisting of the Chief Commissioner and four other Commissioners. The Chief Commissioner shall act as the Chairperson of the Commission for the Investigation of Abuse of Authority.
THE CONSTITUTION OF NEPAL
Part-21
Section 238: Commission for the Investigation of Abuse of Authority:
Subsection (2)
(1) There shall be a The President shall, on recommendation of the Constitutional Council, appoint the Chief Commissioner and Commissioners.
THE CONSTITUTION OF NEPAL
Part-21
Section 238: Commission for the Investigation of Abuse of Authority:
Subsection (3)
(1) There shall be a The term of office of the Chief Commissioner and Commissioners shall be six years from the date of appointment.
THE CONSTITUTION OF NEPAL
Part-21
Section 238: Commission for the Investigation of Abuse of Authority:
Subsection (4)
(1) There shall be a Notwithstanding anything contained in clause (3), the office of the Chief Commissioner or a Commissioner shall be vacant in any of the following circumstances: (a) if he or she tenders resignation in writing to the President, (b) if he or she attains the age of sixty-five years, (c) if a motion of impeachment is passed against him or her under Article 101, (d) if he or she is removed from office by the President on recommendation of the Constitutional Council on grounds of his or her inability to hold office and discharge the functions due to physical or mental illness, (e) if he or she dies.
THE CONSTITUTION OF NEPAL
Part-21
Section 238: Commission for the Investigation of Abuse of Authority:
Subsection (5)
(1) There shall be a The Chief Commissioner and Commissioners appointed under clause (2) shall not be eligible for reappointment. 149 Provided that a Commissioner may be appointed to the office of Chief Commissioner, and when a Commissioner is so appointed as the Chief Commissioner, his or her term of office shall be so computed as to include his or her term as the Commissioner.
THE CONSTITUTION OF NEPAL
Part-21
Section 238: Commission for the Investigation of Abuse of Authority:
Subsection (6)
(1) There shall be a A person shall be eligible to be appointed as the Chief Commissioner or a Commissioner of the Commission for the Investigation of Abuse of Authority if he or she possesses the following qualification: (a) holding a bachelor's degree from a recognized university, (b) not being a member of any political party at the time of appointment, (c) having gained at least twenty years of experiences in the field of either accounting, revenue, engineering, law, development or research and being a distinguished person, (d) having attained the age of forty five years, and (e) being of high moral character.
THE CONSTITUTION OF NEPAL
Part-21
Section 238: Commission for the Investigation of Abuse of Authority:
Subsection (7)
(1) There shall be a The remuneration and other conditions of service of the Chief Commissioner and the Commissioners shall be as provided for in the Federal law. The remuneration and conditions of service of the Chief Commissioner and the Commissioners shall not, so long as they hold office, be altered to their disadvantage. Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarrays.
THE CONSTITUTION OF NEPAL
Part-21
Section 238: Commission for the Investigation of Abuse of Authority:
Subsection (8)
(1) There shall be a A person once appointed as the Chief Commissioner or Commissioner shall not be eligible for appointment in other government service. 150 Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.
THE CONSTITUTION OF NEPAL
Part-21
Section 239: Functions, duties and powers of the Commission for the Investigation of Abuse
of Authority: (1) The Commission for the Investigation of Abuse of Authority may, in accordance with law, conduct, or cause to be conducted, investigations of any abuse of authority committed through corruption by any person holding public office. Provided that this clause shall not apply to any official in relation to whom this Constitution itself separately provides for such action and to any official in relation to whom other law provides for a separate special provision.
THE CONSTITUTION OF NEPAL
Part-21
Section 239: Functions, duties and powers of the Commission for the Investigation of Abuse
Subsection (2)
In the case of the persons who can be removed from office by passing a motion of impeachment under Article 101, the Judges who can be removed by the Judicial Council and the persons who are liable to action under the Army Act, it may conduct, or cause to be conducted, investigations in accordance with the Federal law after they have been removed from office.
THE CONSTITUTION OF NEPAL
Part-21
Section 239: Functions, duties and powers of the Commission for the Investigation of Abuse
Subsection (3)
If the Commission for the Investigation of Abuse of Authority finds, on investigation conducted pursuant to clause (1) or (2), that a person holding public office has committed an act which is defined by law as corruption, it may file, or cause to be filed, a case against that person and other person involved in that offense in the competent court in accordance with law.
THE CONSTITUTION OF NEPAL
Part-21
Section 239: Functions, duties and powers of the Commission for the Investigation of Abuse
Subsection (4)
If, on investigation conducted pursuant to clause (1) or (2), any act or action done or taken by a person holding public office appears to be of such nature as to be falling under the jurisdiction of another official or body, 151 the Commission for the Investigation of Abuse of Authority may write to the concerned official or body for necessary action.
THE CONSTITUTION OF NEPAL
Part-21
Section 239: Functions, duties and powers of the Commission for the Investigation of Abuse
Subsection (5)
The Commission for the Investigation of Abuse of Authority may delegate any of its functions, duties and powers on the conducting of investigations or filing cases, to the Chief Commissioner, a Commissioner or an officer employee of the Government of Nepal to be exercised and complied with subject to the specified conditions.
THE CONSTITUTION OF NEPAL
Part-21
Section 239: Functions, duties and powers of the Commission for the Investigation of Abuse
Subsection (6)
Other functions, duties and powers and rules of procedure of the Commission for the Investigation of Abuse of Authority shall be as provided for in the Federal law. 152
THE CONSTITUTION OF NEPAL
Part-22
Section 240: Auditor General:
Subsection (2)
(1) There shall be an Auditor General of Nepal. The President shall, on the recommendation of the Constitutional Council, appoint the Auditor General.
THE CONSTITUTION OF NEPAL
Part-22
Section 240: Auditor General:
Subsection (3)
(1) There shall be an Auditor General of Nepal. The term of office of the Auditor General shall be six years from the date of appointment.
THE CONSTITUTION OF NEPAL
Part-22
Section 240: Auditor General:
Subsection (4)
(1) There shall be an Auditor General of Nepal. Notwithstanding anything contained in clause (3), the office of the Auditor General shall be vacant in any of the following circumstances: (a) if he or she tenders resignation in writing to the President, (b) if he or she attains the age of sixty-five years, (c) if a motion of impeachment is passed against him or her under Article 101, (d) if he or she is removed from office by the President on recommendation of the Constitutional Council on grounds of his or her inability to hold office and discharge the functions due to physical or mental illness, (e) if he or she dies.
THE CONSTITUTION OF NEPAL
Part-22
Section 240: Auditor General:
Subsection (5)
(1) There shall be an Auditor General of Nepal. The Auditor General appointed under clause (2) shall not be eligible for reappointment.
THE CONSTITUTION OF NEPAL
Part-22
Section 240: Auditor General:
Subsection (6)
(1) There shall be an Auditor General of Nepal. A person shall be eligible to be appointed as the Auditor General if he or she possesses the following qualification: (a) having served in the Special Class of the Government of Nepal or having at least twenty years of experiences in audit related work, after having obtained a bachelor's 153 degree in management, commerce or accounting from a recognized university or having passed a chartered accountancy examination, (b) not being a member of any political party at the time of appointment, (c) having attained the age of forty five years, and (d) being of high moral character.
THE CONSTITUTION OF NEPAL
Part-22
Section 240: Auditor General:
Subsection (7)
(1) There shall be an Auditor General of Nepal. The remuneration and conditions of service of the Auditor General shall be as provided for in the Federal law. The remuneration and conditions of service of the Auditor General shall not, so long as he or she holds office, be altered to his or her disadvantage. Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarrays.
THE CONSTITUTION OF NEPAL
Part-22
Section 240: Auditor General:
Subsection (8)
(1) There shall be an Auditor General of Nepal. A person once appointed as the Auditor General shall not be eligible for appointment in another government service. Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.
THE CONSTITUTION OF NEPAL
Part-22
Section 241: Functions, duties and powers of Auditor-General:
(1) The accounts of all Federal and State Government Offices including the Office of the President, Office of the Vice-President, Supreme Court, Federal Parliament, State Assembly, State Government, Local level, Constitutional Bodies and Offices thereof, Courts, Office of the Attorney General, Nepal Army, Nepal Police and Armed Police Force, Nepal shall be audited by the Auditor-General in 154 accordance with law, having regard to, inter alia, the regularity, economy, efficiency, effectiveness and the propriety thereof.
THE CONSTITUTION OF NEPAL
Part-22
Section 241: Functions, duties and powers of Auditor-General:
Subsection (2)
(1) The accounts of all The Auditor General shall be consulted in the matter of appointment of an auditor to carry out the audit of a corporate body of which the Government of Nepal or State Government owns more than fifty percent of the shares or assets. The Auditor General may also issue necessary directives setting forth the principles for carrying out the audit of such corporate body.
THE CONSTITUTION OF NEPAL
Part-22
Section 241: Functions, duties and powers of Auditor-General:
Subsection (3)
(1) The accounts of all The Auditor General shall, at all times, have power to examine any books of accounts for the purpose of carrying out the functions under clause (1). It shall be the duty of the concerned chief of office to provide all such documents and information as may be demanded by the Auditor General or any of his or her employees.
THE CONSTITUTION OF NEPAL
Part-22
Section 241: Functions, duties and powers of Auditor-General:
Subsection (4)
(1) The accounts of all The accounts to be audited pursuant to clause (1) shall be maintained in the form prescribed by the Auditor General, as provided for in the Federal law.
THE CONSTITUTION OF NEPAL
Part-22
Section 241: Functions, duties and powers of Auditor-General:
Subsection (5)
(1) The accounts of all In addition to the accounts of the offices mentioned in clause (1), the Federal law may also require the accounts of any other offices or bodies to be audited by the Auditor General. 155
THE CONSTITUTION OF NEPAL
Part-23
Section 242: Public Service Commission:
(1) There shall be a Public Service Commission of Nepal, consisting of the Chairperson and four other Members.
THE CONSTITUTION OF NEPAL
Part-23
Section 242: Public Service Commission:
Subsection (2)
(1) There shall be a Public Service Commission The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and Members.