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State and Local

State Legislative Procedures

The procedures that govern state lawmaking.

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Article 198. Procedures for Introduction of Bills in Provincial Assembly
  • (1)A Bill may, subject to this Constitution, be introduced in the Provincial Assembly.
  • (2)A Money Bill and a Bill concerning law and order may be introduced only as a Government Bill.
  • (3)"Money Bill" means a Bill concerning any or all of the following subjects:-
  • (a)Matters concerning imposition, collection, abolition, remission, alteration or regulation of taxes in the Province;
  • (b)Matters concerning preservation of the Provincial Consolidated Fund or any other Provincial Government Fund, the deposit of moneys into and the appropriation or the withdrawal of moneys from such Funds, or the reduction, increment or cancellation of appropriations of proposed expenditures from such Funds;
  • (c)Regulation of matters relating to the borrowing of money or the guarantee to be given by the Provincial Government, or any matter pertaining to the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Provincial Government,
  • (d)Matters concerning custody of all revenues received by Provincial Government Fund, moneys acquired through the repayment of loans, and grant moneys, investments to be made or account or audits of the accounts of the Provincial Government, or
  • (e)Other incidental matters directly related to any of the subjects specified in clause (a), (b), (c) or (d). www.lawcommission.gov.np Provided that any Bill shall not be deemed to be a Money Bill only by the reason that it provides for the levying of any charges, fees or tariff such as license fee, application fee, renewal fee or for the imposition of fines or penalty of imprisonment.
  • (4)In case any question arises as to whether or not a Bill is a Money Bill, the decision of the Speaker of Provincial Assembly shall be final.
Article 199. Procedures for Adoption of Bills
  • (1)A Bill adopted by the Provincial Assembly shall be submitted to the Chief of Province for authentication.
  • (2)In case a session of the Provincial Assembly is prorogued while a Bill is under consideration, deliberations on the Bill may continue at the succeeding session.

Provided that in case the Provincial Assembly is dissolved or its term expires when any Bill is under its consideration, such Bill shall lapse.

Article 200. Withdrawal of Bills

A Bill may be withdrawn by the member introducing it with the approval of the Provincial Assembly.

Article 201. Authentication on Bills
  • (1)The Bill to be presented to the Chief of Province for authentication pursuant to Article 199 shall be certified by the Speaker of Provincial Assembly and so presented. Provided that in the case of a Money Bill, the Speaker of Province shall so certify.
  • (2)A Bill presented to the Chief of Province for the authentication shall be authenticated within fifteen days, and the Provincial Assembly shall be informed thereof as soon as possible.
  • (3)Except for a Money Bill, in case the Chief of Province is of the opinion that any Bill needs further deliberations, he or she may send back the Bill along with his or her message to the Provincial Assembly within fifteen days from the date of presentation of the Bill to him or her.
  • (4)In case any Bill is sent back along with his or her message by the Chief of

Province pursuant to clause (3), it shall be reconsidered by the Provincial Assembly and in case the Bill so reconsidered is again adopted as it was or with amendments, and is again submitted to him or her, the Chief of Province shall authenticate that Bill within fifteen days of such submission. www.lawcommission.gov.np

  • (5)A Bill shall become an Act after the Chief of Province authenticates it.
Article 202. Ordinance
  • (1)In case, at any time, except when the Provincial Assembly is in session, a circumstance exists which renders it necessary to take immediate action, the Chief of Province may, on the recommendation of the Provincial Council of Ministers, promulgate an Ordinance.
  • (2)An Ordinance promulgated pursuant to clause (1) shall have the same force and effect as an Act.

Provided that every such Ordinance,-

  • (a)Shall be tabled at the session of the Provincial Assembly held after the promulgation, and in case not adopted by the Provincial Assembly, it shall ipso facto cease to be effective;
  • (b)May be repealed at any time by the Chief of Province; and
  • (c)Shall, unless rendered ineffective or repealed pursuant to sub-clause
  • (a)or (b), ipso facto cease to be effective at the expiration of sixty days after the day on which a meeting of the Provincial Assembly is held. www.lawcommission.gov.np Province Financial Procedures
Article 203. No Tax to be levied or Loan to be raised
  • (1)No tax shall be levied and collected in a Province except in accordance with law.