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Kathmandu, Tuesday January 07, 2003  Paush 23,  2059.

HM promulgates finance ordinance
No major policy changes made

By Prem Khanal

KATHMANDU, Jan 6 : His Majesty King Gyanendra today promulgated the Finance Ordinance 2059 by giving continuity to current budget without any major changes in the previous policies. However, some minor institutional reforms and measures to boost export industries have been incorporated in the Ordinance.

The ordinance, which was approved by today’s cabinet meeting, was sent to the Royal Palace for the royal assent, a high-level government source told The Kathmandu Post.

In addition to the Finance Ordinance, the king at the recommendation of the Council of Ministers, also promulgated ordinances on collecting internal loans and appropriation today.

The government was compelled to bring new financial ordinance for the remaining period of the current fiscal year, since as per the constitution, the ordinance that was brought by the then Sher Bahadur Deuba government automatically expires within six months of issuance.

The new ordinance, in an attempt to give some relief to domestic industries, has floated a policy of allowing them to renew their registration with the clearance of 50 percent of the total existing excise arrears. Prior to this, industries were required to clear their arrears before renewing the industries.

The source also said that the ordinance has made no change in the existing customs rates, but has taken some minor measures to reform the present revenue administration. Apart from existing ASYCUDA, the computerised customs network in five major customs points, the ordinance has also vowed to make expansion on other customs points.

The ordinance, among others, has made provisions to take steps to check revenue leakage by improving present customs valuation procedures of the imported goods. The Finance Ministry had earlier proposed to reintroduce reference price of major imports, but the idea was scrapped after tough opposition. The newly promulgated ordinance has introduced reform measures on the existing valuation procedures. "However, the ordinance is silent on part of implementing programmes," said the source.

Similarly, the ordinance has incorporated some measures to encourage the ailing export oriented industries. In this regard, the government is to provide bonded warehouse facilities to cent percent export-oriented industries at free of cost. Earlier, such facility was available only to cent percent export-based industries to third country excluding India.

In order to address deepening financial difficulties due to the soaring regular expenditure and low revenue mobilisation, the ordinance has raised ceiling of mobilisation of internal loans. In the budget, the total collection of internal loan including the overdraft was fixed at Rs 12 billion, but it has excluded the overdraft from the already approved internal loan mobilisation. Apart from the total internal loan, the change allows the government to mobilise additional Rs 2.5 billion as overdraft from the Nepal Rastra Bank.

Despite strong lobby from the private sector to slash the present tax rates to provide some relief to terror-wracked private sector, the finance ordinance has not changed any tax rates. It has made a provision by which business firms that are not obliged to register with VAT need to clearly display in writing that their total transactions fall below the threshold of Rs 2 million.

The source also said that the development expenditure, along with the regular expenditures allocated for the current fiscal year, has not been changed mainly due to legal complications that may arise while changing such expenditures in mid-fiscal year. Despite the record-low use of development expenditures, which is just around Rs 3 billion during the first five months of the current fiscal year against the released amount of Rs 4.19 billion, the ordinance has not brought major policy-level change in boosting the expenditures.

Despite government’s reiteration on the continuation of financial sector, the ordinance doesn’t have any concrete programmes to expedite financial sector reforms, said the source.

The ordinance has also taken proper measures to ensure adequate flow of budget to186 projects that have been incorporated under priority-one projects categorised under Medium Term Expenditure Framework (MTEF) and its effective and speedy implementation.


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