89. No tax to be levied or loan to be raised except in accordance with law
No tax shall be levied and collected except in accordance with law.
No loan shall be raised and guarantee given by the Government of Nepal except in accordance with law.
90. Consolidated Fund
Except for the revenues of religious endowments (Guthi), all revenues received by the Government of Nepal, all loans raised on the security of revenues, all moneys received in repayment of any loans made under the authority of any Act and any other moneys received by the government of Nepal shall be credited to a Government Fund to be known as the Consolidated Fund.
Provided that the revenues of any religious endowments (Guthi) other than any private religious endowments (Guthi) shall be regulated by a law made thereon.
91. Expenditures from Government Fund or a consolidated fund
No expenditure shall be incurred out of the Consolidated Fund or any other Government Fund except the following:
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moneys required to meet the expenditure under an Appropriation
advance moneys authorized by an Act required to meet expenditures, when an Appropriation Bill, is under consideration; or
expenditures to be incurred in extraordinary circumstances under a Vote of Credit Act which contains only a description of expenditures.
Provided that, matters relating to the Contingency Fund shall be governed by Article 98.
92. Expenditures chargeable on Consolidated Fund
The expenditures relating to the following matters shall be charged on the Consolidated Fund:
the amount required as remuneration and facilities of the President and the Vice-president;
the amount required as remuneration, facilities and pension payable to the Chief Justice and other Judges of the Supreme Court;
the amount required as remuneration and facilities payable to the following officials:
the Speaker and the Deputy Speaker of the Legislature-Parliament;
the Chairperson and the Vice-chairperson of the Constituent Assembly;
the Chief Commissioner and Commissioners of the Commission for the Investigation of Abuse of Authority;
the Auditor General;
the Chairperson and Members of the Public Service Commission;
the Chief Election Commissioner and Election Commissioners; and
the Chairperson and Members of the National Human Rights Commission.
the administrative expenses of the Supreme Court, the Commission for the Investigation of Abuse of Authority, the Auditor General, the Public Service Commission, the Election Commission and the National Human Rights Commission;
all charges relating to debts for which the Government of Nepal is liable;
any sum required to satisfy any judgment or decree made by a court against the Government of Nepal; and
any other sum declared by law to be chargeable on the Consolidated Fund.
93. Estimates of revenues and expenditures
The Minister for Finance shall, in respect of every financial year, present before the Legislature-Parliament an annual estimate setting out the following matters:
an estimate of revenues;
the moneys required to meet the charges on the Consolidated Fund; and
the moneys required to meet the expenditure to be provided for by an Appropriation Act.
The annual estimate to be laid pursuant to clause (1) shall also be accompanied by a statement of the expenses allocated to every Ministry in the previous financial year and particulars of whether the objectives of the expenses have been achieved.
94. Appropriation Act
The moneys required to meet the expenditure to be provided for by any Appropriation Act shall be specified under appropriate heads in an Appropriation Bill.
95. Supplementary estimates
The Minister for Finance shall present before the Legislature-Parliament a supplementary estimate if it is found in any financial year,
that the sum authorized to be spent for a particular service by the Appropriation Act for the current financial year is insufficient, or that a need has arisen for expenditures upon some new service not provided for by the Appropriation Act for that year; or
that the expenditures made during that financial year are in excess of the amount authorized by the Appropriation Act.
The sums included in the supplementary estimates shall be specified under the heads in a Supplementary Appropriation Bill.
96. Votes on account
Notwithstanding anything contained in this Part, a portion of the expenditure estimated for the financial year may, when an Appropriation Bill is under consideration, be incurred in advance by an Act.
A Vote on Account Bill shall not be introduced until the estimates of revenues and expenditures have been presented in accordance with the provisions of Article 93, and the sums involved in the Vote on Account shall not exceed one-third of the estimate of expenditures for the financial year.
The expenditures incurred in accordance with the Vote on Account Act shall be included in the Appropriation Bill.
96A. Special provision relating to revenues and expenditures
Notwithstanding anything contained elsewhere in this Part, if there arises a special circumstance where an estimate of revenues and expenditures for the forthcoming financial year cannot be laid before the Legislature-Parliament by the end of the current financial year, revenues may be collected in accordance with the Financial Act of the current financial year.
If there arises a circumstance referred to in Clause (1), the Minister for Finance may, setting out the reasons therefor, present before the Legislature-Parliament a Bill authorizing to spend in the forthcoming financial year an amount not exceeding one-third of the total expenditures of the current financial year.
The expenditures made pursuant to clause (2) shall be included in the Appropriation Bill.
Notwithstanding anything contained elsewhere in this Constitution, a Bill presented before the Legislature-Parliament pursuant to clause (2) may be discussed and passed on the same day on which it is introduced.
97. Votes of credit
Notwithstanding anything contained elsewhere in this Part, if owing to a local or national emergency due to either natural causes or a threat of external aggression or internal disturbances or other reasons, it’ appears to be impractical or inexpedient in view of the security or interest of the State to specify the details required under Article 93, the Minister for Finance may lay before the Legislature-Parliament a Vote of Credit Bill giving only a statement of expenditures.
98. Contingency Fund
An Act may create a Fund to be known as the Contingency Fund into which shall be paid from time to time such moneys as may be determined by the Act. The Fund shall be under the control of the Government of Nepal. Any unforeseen expenditure may be met out of such Fund by the Government of Nepal. The amount of the expenditures so met shall be reimbursed as soon as possible by an Act.
99. Act relating to financial procedures
Matters relating to the transfer of moneys appropriated by the Act from one head to another and other financial procedures shall be governed by an Act.
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