Chapter -14 Procedures Relating to Appropriation and Money Bills

Chapter -14 Procedures Relating to Appropriation and Money Bills

Chapter -14
Procedures Relating to Appropriation and Money Bills

89. Procedure Relating to Appropriation Bill:

(1) Notwithstanding anything contained elsewhere in these Rules, the procedures as laid down in this Chapter shall be applicable in case of the Appropriation Bill.

(2) Prior to submission of the Appropriation Bill in the House, the Minister of Finance shall introduce a motion to have a discussion on the principles and priority of the Appropriation Bill (except tax proposal) for preparation of the budget.

(3) The procedures of the discussion to be held pursuant to Sub-rule (2) shall be as determined by the Speaker in consultation with the Conduct of Business Advisory Committee.

(4) The discussion to be held pursuant to Sub-rule (2) shall have to be completed at least Fifteen days in advance of submitting the Appropriation Bill in the House.

(5) After closure of debate on the Annual Estimates, the Minister of Finance shall submit the Appropriation Bill on the basis of the discussion held pursuant to Sub-rule (2).

(6) After the motion that the Appropriation Bill be taken into consideration has been moved, the Speaker shall, in consultation with the Prime Minister or, in his / her absence, a Minister designated by him/her, allot the days and duration for discussion and voting on the different heads of the Bill.

(7) Debates shall be confined either to each separate head or to a group of heads as arranged in the Appropriation Bill and such discussion shall be held on the basis of party structure only.

(8) The concerned Minister shall reply to the questions raised in respect of any head during the debate held pursuant to Sub-rule (7) at the end of the debate.

(9) Prior to placing any head on vote, out of all motions for reduction of demand for grants (cut motions) moved on the basis of party structure, in case there are more than one motion of the same nature, only one of them shall  be discussed and voted upon.

(10) Where separate motions relating to expenditure under the same head have been moved, the debate shall be allowed according to the order of the heads arranged in the Annual Estimates. (11) On the last of the days and duration allotted pursuant to Sub-rule (6), the Speaker may, at the specified hour, put all the remaining heads for vote of the House without any further debate.

90. Cut Motion:

(1) Any of the following motions may be moved to reduce the amount of demand for grants in any head:-

(a) That the amount of the demand be reduced to one rupee;
(b) That the amount of the demand be reduced by a specified amount; or
(c) That the amount of the demand be reduced by one hundred rupees.

(2) The motion that “the amount of the demand be reduced to one rupee shall be deemed to have been moved to represent disapproval of the policy underlying the demand. A Member giving notice of such a motion shall indicate therein in clear terms the particulars of the policy which he proposes to discuss. The discussion shall be confined to the specific point or points mentioned in the motion and it shall be open to other Members to suggest alternative policies.

(3) The motion that “the amount of the demand be reduced by a specified amount” shall be deemed to have been moved to adopt a policy of austerity. Such a motion may represent a lump sum reduction of the amount specified in the head or deletion of any sub-head of the main head or the reduction of the amount of demand in such sub-head. The notice to move the motion shall indicate briefly and precisely the particular matter sought to be raised. During the debate on the motion, it shall be confined as to how austerity measures may be affected.

(4) The motion that “the amount of the demand be reduced by One Hundred Rupees” shall be deemed as a “token-cut motion” having been moved by the Member to ventilate his specific grievances on matters within the sphere of the responsibility of Government of Nepal and the debate on the motion shall be confined to the particular grievances specified in the notice to the motion.

91. Conditions Relating to Cut Motions: In order that a motion for reduction of the amount of demand to be admissible, it shall satisfy the following conditions, in addition to the condition mentioned in Rule 17:-

(a) It shall relate to only one head.
(b) It shall not seek to increase the amount of grant or to transfer the amount of grant.
(c) It shall be confined to one specific matter which shall be stated in precise terms.
(d) It shall not make suggestions for the amendment or repeal of any existing laws.
(e) It shall be a matter of primary concern to Government of Nepal.
(f) It shall not relate to expenditure charged on the consolidated fund.
(g) It shall not seek to raise in anticipation the discussion on a matter which has been previously appointed for consideration in the same session.

92. Notice of Cut Motions: Any Member intending to move a motion to reduce any demand for grant shall, after submission of the Appropriation Bill, give a notice of such motion before two days in advance from the day on which the particular head is under consideration. While giving such a notice, only one notice may be given from one party.

93. Decision on Admissibility of Motion: The Speaker shall decide whether or not a cut motion is admissible. In case the said motion is in contravention of these Rules, the Speaker may reject such a motion having stated the reasons thereof.

94. Restriction on Amendment to Cut Motion: No amendment shall be admissible on a motion to reduce any grant in any head.

95. Vote on Account Bill:

(1) The Minister of Finance may move a Vote on Account Bill in the House pursuant to Article 96 of the Constitution.
(2) In respect of the Vote on Account Bill, the procedure as deemed appropriate by the Speaker shall be applied.
(3) The procedures for submission and passing of the Bill referred to in Sub-Article (2) of Article 96A. of the Constitution shall be as of the procedure for the Vote on Account Bill.

96. Money Bill:

(1) On the sitting of the Legislature-Parliament convened immediately after the Annual Estimates is presented, the Minister of Finance shall move the Money Bill to give effect to the financial proposals of Government of Nepal.

(2) Notwithstanding anything contained elsewhere in these Rules, the procedures as prescribed in this Rule shall be applicable on the Money Bill.

(3) After the motion that the Money Bill be taken into consideration has been moved, the Speaker shall, in consultation with the Prime Minister or, in his absence, a Minister designated by him, allot the days and duration for discussion on the Bill.

(4) During the discussion on the Money Bill, any Member may discuss on the matters relating to general administration, local grievances within the spheres of the responsibility of Government of Nepal or monetary or fiscal policies of Government of Nepal.

(5) Except as provided in this Rule, the procedure as deemed appropriate by the Speaker shall be applied in respect of the Money Bill.

97. Supplementary Appropriation Bill:

(1) After the closure of discussion on Supplementary Estimates, the Minister of Finance shall move the Supplementary Appropriation Bill in the House.

(2) In respect of the Supplementary Appropriation Bill  also, the procedures relating to Appropriation Bill shall be applied.

98. Vote on Credit Bill:

(1) The Minister of Finance may move a Vote on Credit Bill in the House pursuant to Article.  97 of the Constitution.

(2) In respect of the Vote on Credit Bill, the procedure as deemed appropriate by the Speaker shall be applied.