Part 15 : State Legislative Procedures | The Constitution of Nepal 2015

Part 15
State Legislative Procedures

197. Legislative powers of State Assembly:

The legislative powers of the State Assembly shall be as contained in lists of Schedule-6, Schedule-7 and Schedule-9.

198. Procedures for introduction of Bills in State Assembly:

A Bill may, subject to this Constitution, be introduced in the State Assembly.
A Money Bill and a Bill concerning peace and security may be introduced only as a Government Bill.
“Money Bill” means a Bill concerning any or all of the following subjects:
1. the imposition, collection, abolition, remission, alteration or regulation of taxes in the State,
2. the preservation of the State Consolidated Fund or any other State 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 or of proposed expenditures from such Funds,
3. the regulation of matters relating to the borrowing of money or the giving of guarantee by the State Government, or any matter pertaining to the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State Government,
4. the custody and investment of all revenues received by any State Government Fund, moneys acquired through the repayment of loans, and grant moneys; or audits of the accounts of the State Government, or
5. other incidental matters directly related to any of the subjects specified in clause (a), (b), (c) or (d).
  Provided that any Bill shall not be deemed to be a Money Bill by the reason only that it provides for the levying of any charges or fees such as license fee, application fee, renewal fee or for the imposition of fines or penalty of imprisonment.
If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of State Assembly thereon shall be final.

199. Procedures for passage of Bills:

A Bill passed by the State Assembly shall be presented to the Chief of State for assent.
If a session of the State Assembly terminates while a Bill is under consideration, deliberations on the Bill may continue at the succeeding session.
Provided that if the State Assembly is dissolved or its term expires when any Bill is under its consideration, such a Bill shall lapse.

200. Withdrawal of Bills:

A member who has introduced a Bill may, with the approval of the State Assembly, withdraw the Bill.

201. Assent on Bills:

A Bill which is to be presented to the Chief of State for assent under Article 199 shall be so presented by the Speaker of State Assembly after it has been certified by him or her.
Provided that in the case of a Money Bill, the Speaker of State Assembly shall so certify.
A Bill presented to the Chief of State for his or her assent shall be assented to within fifteen days, and the State Assembly shall be informed thereof as soon as possible.
Except for a Money Bill, if the Chief of State is of the opinion that any Bill needs further deliberations, he or she may send back the Bill with his or her message to the State Assembly within fifteen days from the date of presentation of the Bill to him or her.
If any Bill is sent back with his or her message by the Chief of State under clause (3), it shall be reconsidered by the State Assembly and if the Bill so reconsidered is again passed as it was or with amendments, and is again presented to him or her, the Chief of State shall give assent to that Bill within fifteen days of such presentation.
A Bill shall become an Act after the Chief of State gives assent to it.

202. Ordinance:

If, at any time, except when the State Assembly is in session, a circumstance exists which renders it necessary to take immediate action, the Chief of State may, on the recommendation of the State Council of Ministers, promulgate an Ordinance.
An Ordinance promulgated under clause (1) shall have the same force and effect as an Act.
Provided that every such Ordinance:
1. shall be tabled at the session of the State Assembly held after the promulgation, and if not passed by the State Assembly, it shall ipso facto cease to be effective,
2. may be repealed at any time by the Chief of State, and
3. shall, unless rendered ineffective or repealed under 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 State Assembly is held.