The Interim Constitution of Nepal – 2063 (2007 AD) Part I – English

Unofficial Translation

PREAMBLE

We the Nepalese people endowed with Sovereignty and State authority,

Recognizing the mandate of the Nepali people expressed from time to time since 2007 (1951) through historical movements and people’s movements for Democracy, Peace and Progress,

Expressing determination to restructure the state for advancement of the State and resolve the existing problems related to class, caste, regional, gender problems of the country,

Expressing full commitment to democratic ideals and norms, including Competitive Multi Party Democratic System, Civil Liberty, Fundamental Rights, Human Rights, Adult Franchise, Periodical Elections, Full Press Freedom, Independent Judiciary and principles of the rule of law,

Guaranteeing the basic rights of the Nepali citizen to formulate their Constitution for themselves and to participate in free and fair elections of the Constituent Assembly in a free-from-fear environment,

Keeping Democracy, Peace, Prosperity, forward-looking Economic-Social changes and the Country’s Sovereignty, Integrity, Independence and self-respect at the centre of everything, and

In order to institutionalize the achievements hitherto made through revolutions and movements,

Hereby promulgate this Interim Constitution, 2063 of Nepal, drafted through political consensus, for an interim period until a New Constitution has not been drafted by the Constituent Assembly.

PART 1

PRELIMINARY

 

  1. Constitution as the Fundamental Law:
    1. This Constitution is the fundamental law of Nepal. All laws inconsistent with it shall, to the extent of such inconsistency, be void.
    2. It shall be the duty of every person to uphold the provisions of this Constitution.
  2. Sovereignty and State Authority:
    1. The sovereignty and state authority of Nepal are vested in the Nepalese people.
  3. Nation:
    1. Having common aspirations and united by a bond of allegiance to national independence, integrity, national interest and prosperity, the Nepalese people endowed with multiracial, multilingual, multi-religious and multicultural specialties collectively constitute the nation.
  4. The State of Nepal:
    1. Nepal is an independent, indivisible, sovereign, secular, inclusive and fully democratic State.
    2. The territory of Nepal shall comprise:
      1. the territory existing at the commencement of this Constitution; and
      2. such other territory as may be acquired after the commencement of this Constitution.
  5. National Language:
    1. All languages spoken in Nepal as mother tongues are national Languages.
    2. The Nepali Language in the Devnagari script shall be the official language for Government businesses.
    3. Notwithstanding sub-article (2) the usage of mother language at local bodies and offices shall not be considered objectionable. Languages used in such manner shall be translated in the official language of the state for record.
  6. National Flag:
    1. The national flag of Nepal, as handed down by tradition, consists of two juxtaoposed triangular figures with a crimson-coloured base and deep blue borders, there being a white emblem of the crescent moon with eight rays visible out of sixteen in the upper part and a white emblem of a twelve rayed sun in the lower part. The method of drawing out the flag and other particulars relating thereto shall be as set forth in Schedule.
  7. National Anthem etc:
    1. The National Anthem and the coat-of-arms of Nepal shall be as specified by the Nepal Government.
    2. The Rhododendron Arboreum shall be the national flower, Crimson Colour shall be the national colour, the Cow shall be the national animal and the Lophophorous (Danphe Pheasant) shall be the national bird of Nepal.

 

PART 2

CITIZENSHIP

 

  1. Citizenship at the Commencement of the Constitution:
    1. Those who have citizenship during the commencement of the Constitution and the people who qualify to get citizenship under this Part shall be the citizen of Nepal.
    2. During the time of the commencement of this constitution the following person residing permanently in Nepal shall be considered the citizen of Nepal.
    3. Every child found within the boundary of Nepal without parental identity shall be considered the citizen on the basis of lineage until the father or the mother of the child is found.
    4. Whenever any area is acquired by way of incorporation into Nepal, every person who is the resident within such territory shall become a citizen of Nepal, subject to the provisions of prevalent laws.
    5. Anyone born and has been residing in Nepal since 2046 BS mid Chaitra within the boundary of Nepal shall be able to obtain citizenship on the basis of the prevalent laws on the basis of birth right.
      But, in order to obtain the citizenship on the basis of this provision pursuant to the prevalent law they will have to submit an application within the given time frame.
    6. If a woman of foreign nationality who has a matrimonial relationship with a Nepalese citizen if wants to then can obtain neutralized citizenship pursuant to the prevalent law.
    7. Notwithstanding anything contained under this article the son or daughter or descendant of a citizen of Nepal married to a foreigner, born and who has been a resident of Nepal and hasn’t taken citizenship of the another country on the basis of his/her father’s citizenship shall acquire the citizenship of Nepal pursuant to provisions made by the prevalent law.
  2. Naturalized or Honorary Citizenship:
    1. Notwithstanding anything contained under Article 8, the Government of Nepal may grant to a person naturalized or honorary citizenship of Nepal.
  3. Acquisition and Termination of Citizenship:
    1. The necessary provisions for acquisition and termination of citizenship shall be made pursuant to the prevalent law.
  4. Deployment of Citizenship Team:
    1. The Nepal Government pursuant to the prevalent law may deploy citizenship distribution team in order to grant citizenship to an eligible person.

 

PART 3

FUNDAMENTAL RIGHTS

 

  1. Right to Freedom:
    1. Every person shall have a right to live with dignity and no law shall be made which provides for capital punishment.
    2. No person shall be deprived of his personal liberty save in accordance with law.
    3. Every citizen shall have the following freedoms:
      1. freedom of opinion and expression;
      2. freedom to assemble peacefully and without arms;
      3. freedom to form political party or associations;
      4. freedom to form unions and associations;
      5. freedom to move and reside in any part of Nepal; and
      6. freedom to practice any profession, or to carry on any occupation, industry, or trade.
        but,
        nothing in sub-clause (a) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may endanger the harmonious relations subsisting among the peoples of various castes, tribes or communities, or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behaviour or morality;

        1. nothing in sub-clause (b) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty, integrity or law and order situation of Nepal which may instigate violence or which may be contrary to public morality;
        2. nothing in sub-clause (c) and (d) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, which may endanger the harmonious relations subsisting among the peoples of various castes, tribes or communities;
        3. nothing in sub-clause (e) shall be deemed to prevent the making of laws which are in the interest of the general public, or which are made to impose reasonable restrictions on any act which may endanger the harmonious relations subsisting among the peoples of various castes, tribes or communities;
        4. nothing in sub-clause (f) shall be deemed to prevent the making of laws to impose restriction on any act which may be contrary to public health or morality, to confer on the State the exclusive right to undertake specified industries, businesses or services; or to impose any condition or qualification for carrying on any industry, trade, profession or occupation.
  2. Right to Equality:
    1. All citizens shall be equal before the law. No person shall be denied the right to equal protection of the laws.
    2. No discrimination shall be made against any citizen in the application of general laws on grounds of religion, race, sex, caste, tribe or ideological conviction or any of these.
    3. The State shall not discriminate among citizens on grounds of religion, race, sex, caste, tribe, or ideological conviction or any of these.
      Provided that special provisions may be made by law for the protection and advancement of the interests of women, Dalit, ethnic tribes, Madeshi, or farmers, laborers or socially or culturally backward class or children, the aged or those who are physically or mentally incapacitated or those who belong to a class which is economically, socially or educationally backward.
    4. No discrimination in regard to remuneration shall be made between men and women for the same work.
  3. Rights against untouchability and racial discrimination:
    1. No discrimination against as untouchable shall be made against any person on the basis of caste, lineage, community or occupation. Such discriminating act shall be liable to be punished and the victim shall receive the compensation as determined by the law.
    2. No person shall, on the basis of caste, be discriminated against as untouchable, be denied access to any public place, or be deprived of the use of public utilities or be denied entry into public religious places or be denied to perform any religious ceremony.
    3. Any thing, service or benefits that is produced or distributed, anyone shall not be denied from purchasing or getting those services, benefits or things nor shall those things, services or benefits be sold or distributed to certain special caste or race.
    4. Any caste, race or people of origin or exhibiting status of people’s community, who thinks social discrimination on the basis of caste, race is righteous or advocates for caste supremacy and principles based on hatred or encourages any sort of racial discrimination shall be prohibited.
    5. Any contravention of the sub-clause (2) (3) and (4) shall be punishable according to the law.
  4. Press, Publication and Broadcasting Right:
    1. No prior prohibition shall be made on publication, broadcasting or to print any news, editorial, write-up, writing, or any other book, audio visual clips along with Electronic publication, broadcasting and use of press.
      But nothing shall prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may endanger the harmonious relations subsisting among the peoples of various castes, tribes or communities; or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act against which may be contrary to decent public behaviour or morality.
    2. Any audio, audio visual or material if produced and broadcasted or printed through any electronic device those materials produced and broadcasted or print radio, television, online or any other digital or electronic press or other media medium shall not be closed, seized or the registration be cancelled.
    3. The registration of a newspaper, magazine or press shall not be closed, seized or cancelled merely for publishing or inserting of any news item, editorial, article or other reading material.
    4. Apart from in accordance with the law any press, electrical transmission and any other communication including telephone shall not be obstructed.
  5. Right to Environment and Health:
    1. All citizens shall have the right to live in clean environment.
    2. Every citizen shall have the right to free basic health service in accordance with the provision made by the government in the law.
  6. Right to Education and Culture:
    1. Every community shall have the right to get basic education in their mother tongue in accordance with the provision made by the law.
    2. Every citizen shall have the right to free education up to secondary level in accordance with the provision made in the law by the state.
    3. Every community residing in Nepal shall have the right to conserve and promote their language, script, culture, cultural civility and heritage.
  7. Right to Employment and Social Security:
    1. Every citizen shall have the right to employment according to the provisions made by the law.
    2. Women, labourers, elder citizen, disabled and vulnerable and helpless shall have the right to employment in accordance with the provision made by the law.
    3. Every citizen shall have the right to food sovereignty in according to the provision made by the law.
  8. Right to Property:
    1. Every citizen shall have the right to property to acquire, own, sell, otherwise dispose employment according to the provisions made by the law.
    2. Unless for social welfare the state shall not acquire or obtain nor shall they have any authority over such property. But this clause shall not be applicable on property acquired through illegal means.
    3. While implementing scientific land reforms or for social welfare reason if the state acquires or obtain any person’s property or make authoritative claim on such property shall provide compensation in accordance with the law. The compensation and basis of it and working system will be in accordance with the decision made by the law.
  9. Right to Women:
    1. No one shall be discriminated merely for being a woman.
    2. Every woman has the right to reproductive health and reproductive related right.
    3. No physical, mental or any other form of violence shall be inflicted to any women and such acts shall be punishable by the law.
    4. Son and daughter shall have equal rights to their ancestral property.
  10. Right to Social Justice:
    1. Economically, socially or educationally backward women, Dalit, Ethnic Tribes, Madheshi community, oppressed class, poor farmers and labourers shall have the right to participate in the state restructuring on the basis of proportional inclusive principles.
  11. Right to the Child:
    1. Every child shall have the right to have their own identity and name.
    2. Every child shall have the right to get nurtured, basic health and social security.
    3. Every child shall have the right against physical, mental or any other form of exploitation. The exploiting actions shall be punishable by the law and the person who is treated in such manner shall be compensated in accordance with the law.
    4. Helpless, orphan, mentally challenged, conflict victims, displaced and street kids at risk shall have the right to get special provision from the state for their secured future.
    5. Any minor shall not be employed in factories, mines or for any other hazardous work or shall be used in army, police or in conflicts.
  12. Right to Religion:
    1. Every person shall have the freedom to profess and practise his/her own religion as handed down to him/her from ancient times having due regards to traditional practices
      But no person shall be entitled to convert another person from one religion to another and shall not take actions or behave that would create disturbances in other’s religion.
    2. Every religious community in accordance with the law shall have the right to maintain it’s independent identity and conserve and manage it’s religious places and trusts.
  13. Right Regarding Justice:
    1. No person shall be arrested without a clarification notice.
    2. The arrested person shall have the right to consult a legal professional of his choice at the time of his/her arrest. The discussion between that person and the legal professional shall remain confidential and that person shall not be denied the right to appeal for trial by his/her legal professional.
      Clarification: In this clause “Legal professional” means a person who has been authorized by the law to represent any person in any court.
    3. The arrested person should be brought before judicial authority within 24 hours of the arrest excluding the time required to travel.
      But notwithstanding what is written in clause 2 and 3 shall not be applicable to preventive detention or citizen of enemy state.
    4. In case where any person does something that can not be punished under the prevalent law then that person shall not be punished and if any person commits a crime then that person shall not be punished more than what is decided by the prevalent law.
    5. No person who is accused of an offence shall be considered guilty unless the person’s crime is proven.
    6. No person shall be prosecuted or punished for the same offence in a court of law more than once.
    7. No person who is accused of any offence shall be compelled to be a witness against oneself.
    8. Every person has the right to be informed about the proceedings of the trail.
    9. Every person has the right to a fair hearing from a competent court or judicial body.
    10. The unable party in accordance with the provision made by the law shall have the right to free legal service.
  14. Right against Preventive Detention:
    1. No person shall be held under preventive detention unless there are sufficient grounds of existence of an immediate threat to the sovereignty, integrity or public peace and management of Nepal
    2. If any person is held under preventive detention and if his detention was found to be contrary to law or was in bad faith, then shall have the right to be compensated in accordance with the provision made by law.
  15. Right against Torture:
    1. No person who is detained during investigation or for enquiry or for trial or for any other reason shall be subjected to physical or mental torture, nor shall be given any cruel, inhuman or degrading treatment.
    2. Actions in pursuant to clause (1) shall be punishable by the law and any person so treated shall be compensated in accordance to the decision determined by law
  16. Right to Information:
    1. Every citizen has the right to demand and obtain the information regarding any matters of their own or of public relevance.
    2. But the information that should be kept confidential in accordance with the law, any person shall not be made compelled to provide such information.
  17. Right to Privacy:
    1. Unless demanded by law, the privacy of the person’s body, house, property, document, statistics, correspondence or photographs of anyone is inviolable.
  18. Right against Exploitation:
    1. Every citizen shall have the right again exploitation.
    2. No person shall be exploited in any form on the basis of custom, tradition or in the name of enforcement.
    3. No person shall be bought or sold, made slave or made bonded labour.
    4. No person shall be made to work against his/her wishes.
      But, nothing in this clause shall be a bar the law from making a provision for compulsory service for public purposes.
  19. Right to Labour:
    1. Every employee and worker shall have the right to proper work exercise.
    2. In accordance with the provision made in the law every employee and worker shall have the right to open trade unions, gather together and make group negotiation for their personal benefit.
  20. Right against Exile:
    1. No citizen shall be exiled from the country.
  21. Right to Constitutional Remedy:
    1. The right to proceed in the manner set forth in Article 107 for the enforcement of the rights conferred by this Part is guaranteed.

 

PART 4

DUTIES, DIRECTIVE PRINCIPLES, AND POLICIES OF THE STATE

 

  1. Duties of the State:
    The State shall have the following duties:

    1. Focus all its attention to conduct a free and impartial election for the members of the Constitutional Assembly within Jestha 2063 (June 2007), considering the matter to practically guarantee that the sovereign authority of the State inherently lies in the Nepali people.
    2. Ensure forward-looking political, economical and social change in the country.
    3. Adopt universally accepted fundamental human rights, multi-party competitive democratic system, ensure sovereign authority inherent in the people and supremacy of the people, constitutional check and balance, rule of law, equality and social justice, independent judiciary, periodical election, monitoring by the civil society, fully independent press, right to information of the people, transparency and accountability in the activities of political parties, people�s participation, and a political system that fulfills the concept of an impartial, competent and clean administration, end corruption and lawlessness and maintain good governance.
    4. End discriminations relating to class, race, language, sex, culture, religion, region, and the present centralized and unitary model, to address the problems of women, dalits, indigenous and ethnic groups, Madhesis, the disadvantaged and minority groups. Restructure the State to make it inclusive, democratic and forward-looking.
    5. Fix and implement minimum common program for socio-economic transformation and end all forms of capitalism.
    6. Pursue the policy of adopting scientific land reform programs by gradually ending capitalistic land ownership practices.
    7. Follow the policy of protecting and maintaining national industries and resources of the country.
    8. Pursue the policy of establishing the rights of all citizens to education, health, housing, employment, and adequate food.
    9. Adopt a policy of providing economic and social security to the class that are socio-economically backward such as the landless, bonded labourers, tillers and shepherds.
    10. Adopt the policy of taking strict action and punishing individuals who illegally amass property while holding government posts of profit making.
    11. Build a common development strategy for socio-economic transformation, social justice, and rapid economic progress and prosperity of the country.
    12. Follow a policy that ensures the professional rights of labourers, increases investment to promote industry, trade and import, and creates opportunity for employment and income generation.
    13. Effectively implement international treaties and agreements of which the Nepali State is a party.
    14. Terminate all discriminatory laws.
    15. Use existing Hydro-electricity potentials and other natural resources in the interest of the nation.
    16. Make arrangements for appropriate relief, recognition and rehabilitation for the families of those killed or disabled or made unable during the course of the conflict.
    17. Provide relief to affected families of victims on the basis of the report of Investigation Commission constituted to investigate the cases of those who went missing during the course of the conflict.
    18. Conduct special program to rehabilitate the displaced, provide relief for damaged private and pubic property, and rebuild infrastructures destroyed during the course of the conflict.
    19. Constitute high-level fact-finding and reconciliation commission to to investigate the facts regarding serous violation of human rights and crimes against humanity during the course of conflict, and create an atmosphere of reconciliation in the society.
  2. Directive Principles of the State:
    1. The main objective of the be to protect the lives, property and independence of people, maintain equality, establish a just system in social, economic and political spheres including all aspects of national life, and promote a democratic system based on an open society.
    2. The objective of the State shall be to protect and maintain human rights, promote the welfare of the general public by establishing peace and order in the society, create opportunities through the medium of self governance for maximum involvement of the people in governance, and maintain a system wherein they can utilize the benefits of democracy.
    3. The political objective of the State shall be to institutionalize democracy achieved through the struggle of Nepali people, create an atmosphere wherein its benefits could be used, and build a progressing and prosperous Nepal.
    4. The fundamental objective of the State shall be to transform the national economy into an independent, self-reliant and growing economic system by not allowing economic resources of the country from being concentrated only in a limited section of the society, and making arrangements for equitable distribution of economic gains based in social justice, remove economic inequality by making provisions to prevent economic exploitation of any class, caste, sex, race or individuals, and by prioritizing and promoting national, private and public enterprises.
    5. The social objective of the State shall be to establish and develop a healthy social life based on the foundation of justice and morality, by eliminating all types of economic and social inequality and establishing harmony amongst the diverse castes ethnic groups, religions, languages, races, communities and groups.
    6. The international relations of the State shall be directed towards enhancing the dignity of the nation in the international arena by maintaining the sovereignty, integrity and independence of the country.
  3. State Policies:
    1. The State shall pursue a policy of raising the standards of life of the general public by developing basic infrastructure for education, health, transportation, and housing, and provide opportunities of livelihoods for the people of all the regions through equitable distribution of economic investment for balanced development of the country.
    2. The State shall pursue a policy of economic development through government and private sectors, including cooperatives.
    3. The State shall pursue a policy of strengthening national unity by maintaining the cultural diversity of the people through equal development of languages, literatures, scripts, arts and cultural heritage for healthy and harmonious social relationships based on equality and coexistence among people belonging to different religions, cultures, castes, communities, race, groups and language groups.
    4. The State, while mobilizing the country�s natural resources and heritage for the interest, utilization and benefit of the nation, shall pursue a policy of giving priority to local people.
    5. The State shall make necessary provisions to keep the natural environment clean. The State shall also prioritize special arrangements for the protection of environment and endangered wildlife species by not allowing physical development activities to exert negative impact on environment, and generating awareness on environmental cleanliness. The State shall make provisions for equitable distribution of benefits from conservation and sustainable use of forests, plants and biodiversity.
    6. The State shall develop agriculture as an industry by encouraging farmers and increasing agricultural productivity, and create a favourable atmosphere to improve economic conditions of majority of the people dependent on agriculture.
    7. The State shall pursue the policy of increasing participation of the Labour force, the chief socio-economic force in the country, in the management of enterprises by providing employment, ensuring their right to work, and prioritizing their right and interest.
    8. The State shall pursue the policy of encouraging maximum participation of women in national development by providing special provisions for their education, health and employment.
    9. The state shall pursue the policy of making special social provision for the protection and progress of single women, orphans, children, the helpless, elderly, disabled, incapacitated persons, and the minority groups.
    10. The State shall pursue a policy of uplifting economically and socially backward indigenous ethnic groups, Madhesis, Dalits, including marginalized communities, labourers and farmers living below poverty line by making provisions for reservations on education, health, housing, adequate food and livelihoods for a fixed period of time.
    11. The State shall pursue a policy of prioritizing the development of Science and technology including local technology for progress in the country.
    12. The State shall give priority to national investment, and pursue the policy of attracting foreign investment and technology for the development of the nation.
    13. The State shall pursue the policy of gradually speeding the pace of rural development taking into consideration the interest of the vast rural population.
    14. The State shall pursue a policy of making a special provision based on positive discrimination for women, Dalits, indigenous ethnic groups, Madhesis, Muslims, including minority groups, labourers, squatters, bonded labourers, physically impaired, backward communities and regions, and the victims of conflict.
    15. The State shall pursue a policy of making a provision of providing adequate piece of land and livelihoods to the freed bonded labourers for their sustenance by determining their number.
    16. The State shall pursue a policy of making basic infrastructure to impart technical education, training and orientation to farmers, labourers, and the class dependent on manual work, and seek their participation in the development process of the country.
    17. A policy shall be pursued to make legal provision to provide allowance to the elderly, incapacitated women, and the unemployed.
    18. The State shall pursue the policy of identifying and modernizing traditional knowledge, skill and practices existing in the country.
    19. The State shall adopt a special policy to regulate the implementation and management of public and non-governmental organizations established in the country.
    20. The State shall adopt a special policy to mobilize youth power for the development of the country.
    21. Nepal�s foreign policy shall be guided by the principles of the United Nations Charter, non-alignment, principles of Panchsheel, international laws and the norms and values of world peace.
    22. The State shall adopt the policy of gradually institutionalizing peace in Nepal through international recognition and by maintaining cooperation and good relations with friendly neighbouring nations and all other countries of the world in economic, social and other spheres on the basis of equality.
  4. Questions not to be raised in Courts:
    1. No questions shall be raised in any Court regarding implementation or failure to implement the subjects stated in this Part.
    2. The State shall mobilize required resources for the implementation of the principles and policies listed in this section.

 

PART 5

EXECUTIVE

  1. Executive Power:
    1. The executive power of Nepal shall, as provisioned in this Constitution and other laws, be vested in the Council of Ministers.
    2. The Council of Ministers shall, remaining within the control of this Constitution and other laws, have the responsibility of issuing general directives, control and regulation.
    3. The executive work of Nepal shall be in the name of the Nepal Government.
    4. Any decision, order or certification issued in the name of the Nepal Government as provisioned in Clause (3) shall be as provisioned in the law.
  2. Constitution of Council of Ministers:
    1. The Prime Minister shall be selected by political consent and the Council of Ministers shall be constituted under his chairmanship.
      Explanation: For the purpose of this constitution “political consent” means the political consent reached between the seven parties, Nepali Congress, NCP(UML), Nepali Congress (Democratic), Janamorcha Nepal, Nepal Sadbhawana Party( Anandadevi), Nepal Majdur Kisan Party, Samyukta Bam Morcha Nepal and NCP(Maoist) on 22 Kartik, 2063 (8th November, 2006).
    2. If an understanding cannot be reached pursuant to Clause (1), the Prime Minister shall be elected by a majority of two-thirds of the members of Legislative- Parliament.
    3. The structure and work division of the Interim Council of Ministers shall be determined by mutual consent.
    4. The Council of Ministers shall include the Deputy Prime Minister and other Ministers as required.
      Explanation: For the purpose of this Article the word Minister also includes the Minister of State who takes separate responsibility of a Ministry.
    5. The Prime Minister while appointing Ministers from among the members of the Legislative-Parliament should do so on the recommendation of the concerned political party.
    6. The Prime Minister and other Ministers shall be collectively responsible to the Legislative-Parliament, and the Ministers shall be individually responsible to the Prime Minister and the Legislative-Parliament for the work of their respective Ministries.
    7. The Prime Minister shall be relieved from his position in the following circumstances: –
      1. If he tenders written resignation to the Chairperson of the Legislative-Parliament,
      2. If he no longer remains a member of the Legislative-Parliament, or
      3. If he dies.
    8. The Deputy Prime Minister, Minister, State Minister and Assistant Minister shall be relieved from their respective offices in the following circumstances: –
      1. If he tenders written resignation to the Prime Minister,
      2. If the Prime Minister is relieved from his position pursuant to Clause 7,
      3. If the Prime Minister relieves him from his position on the recommendation or in consultation with the concerned party, or
      4. If he dies.
    9. Even if the Prime Minister is relieved from his position pursuant to Clause 7, the existing Council of Ministers shall continue to function until a new Council of Ministers is constituted.
    10. In the case of the death of the Prime Minister, Deputy Prime Minister or the senior most Minister shall function as the Prime Minister until the selection of a new Prime Minister is held.
  3. State Ministers and Assistant Ministers:
    1. The Prime Minister can, on the recommendation of the concerned political party, appoint the Minister of State from amongst the members of Legislative-Parliament.
    2. The Prime Minister can, on the recommendation of the concerned political party, appoint Assistant Ministers from amongst the members of Legislative-Parliament to assist any Minister in executing his duty.
  4. Appointment of Non-Member of Legislature-Parliament as Minister: Notwithstanding anything contained in Articles 37 and 38, any person who is not a member of Legislative-Parliament may be appointed Deputy Prime Minister, Minister, State Minister or Assistant-Minister by the Prime Minister.
  5. Remuneration and Other Privileges:
    The remuneration and other privileges of the Prime Minister, Deputy Prime Minister, Ministers, State Ministers and Assistant Ministers shall be as determined by law. Until so determined, it shall be as specified by the Nepal Government.
  6. Oath:
    The Prime Minister shall take his oath of office and secrecy before the Legislative-Parliament and Deputy Prime Minister, Ministers, State Ministers and Assistant Ministers shall take their oath of office and secrecy before the Prime Minister.
  7. Conduct of Government Business:
    1. The work execution of the Nepal Government shall be inconsistent with the spirit of the joint People’s Movement, political consent and the culture of mutual activity.
    2. The work division and work execution of the Nepal Government shall be as per the approved regulation of the Nepal Government.
    3. No question shall be raised in any court as to whether or not rules pursuant to Clause (2) above have been observed.
  8. The Council of Ministers after the formation of the Constituent Assembly:
    1. The use of the Executive Power after the formation of the Constituent Assembly, the formation of the Council of Ministers and other necessary points shall be as provisioned in this part after necessary adjustments.

 

PART 6

LEGISLATURE-PARLIAMENT

 

  1. Constitution of Legislature-Parliament:
    1. There shall be one House of Legislative-Parliament in Nepal which shall consist of the following 330 members:
      1. From the elected members of the seven political parties and other parties in the House of Representatives and National Assembly existing immediately before the commencement of this Constitution � 209 members
        Explanation: The phrase seven political parties means Nepali Congress, NCP(UML), Janamorcha Nepal, Nepal Sadbhawana (Anadadevi), Nepal Majdur Kisan Party and Samyukta Bam Morcha, which maintained political understanding on 22nd Kartik, 2063 (8th November, 2006)
      2. From NCP(Maoist) � 73 members
      3. Samyukta Bam Morcha (Joint Left Front), people based professional organization, suppressed tribe, backward region, indigenous people, Janajati, women and various political personalities nominated on the basis of consensus � 48 members
    2. Notwithstanding anything contained in Clause (1), those who were against the people’s movement shall not be in the Legislative-Parliament.
    3. Legislative-Parliament shall regulate on the basis of the political consensus.
    4. The tenure of the Legislative-Parliament shall end after the first meeting of the Constituent Assembly.
    5. If any member�s position becomes vacant by whatever reasons, such vacant position for the remaining tenure shall be filled through appointment from the same political party or group which he had represented.
  2. Qualifications for Membership:
    In order to become a member of the Legislative- Parliament, any person: –

    1. Must be a citizen of Nepal ,
    2. Must have attained at least twenty five years of age,
    3. Should be committed towards the spirit of the peoples� movement,
    4. Should not hold an office of profit.
      Explanation: For the purpose of this Sub-Clause (d) of this Article, “office of profit” means any position, other than a political position, to be filled by election or nomination for which a remuneration or economic benefit is paid out of a Government Fund.
  3. Decision as to Disqualifications of Members:
    1. AIf a question arises as to whether a Legislative-Parliament member is disqualified or has ceased to possess any of the qualifications set forth in Article 46 the final decision regarding it shall be made by the Legislative-Parliament.
  4. Vacation of seat: The seat of a legislative member shall become vacant in the following circumstances:
    1. If he resigns in writing,
    2. If he does not possess the qualifications referred to in Article 46,
    3. If the party of which he was a member when elected provides notification that he has abandoned the party,
    4. If the tenure of the Legislative-Parliament completes, or
    5. If he dies.
  5. Oath:
    The Legislative-Parliament members shall, before taking part for the first time in the Legislative-Parliament meeting, take an oath in the specified manner.
  6. Speaker and Deputy Speaker of the Legislature-Parliament:
    1. The Legislative-Parliament shall elect one Speaker and one Deputy Speaker from among its members on political consent. If an understanding cannot be reached, a majority of two-thirds of its total members shall elect them. If the office of the Speaker and Deputy Speaker become vacant, the Legislative-Parliament shall fill the vacancy through election from among its members.
    2. The Speaker and Deputy Speaker of the Legislative-Parliament cannot be members of the same political party.
    3. In the absence of the Speaker of the Legislative-Parliament, the Deputy Speaker shall chair the meeting of the Legislative-Parliament.
    4. If the election of the Speaker and Deputy Speaker has not taken place, or if both the positions become vacant, the member who is by age the seniormost, in the Legislative-Parliament shall preside over the meeting of the Legislative- Parliament.
    5. The Speaker and Deputy Speaker positions of the Legislative-Parliament shall become vacant in the following circumstances:
      1. if he ceases to be a member of the Legislative-Parliament,
      2. if he submits a written resignation,
      3. if a resolution is passed by a majority of two thirds of the total members in the Legislative-Parliament to the effect that his conduct is not compatible with his position,
    6. The Deputy Speaker shall preside over the meeting at which deliberations are to be held on a resolution that the conduct of the Speaker is not compatible with his position. The Speaker shall be entitled to take part and vote in the deliberations on such resolution.
  7. Summoning and Prorogation of Sessions:
    1. The Prime Minister shall summon the first session and after this, the Legislative-Parliament shall summon the session from time to time.
    2. The Prime Minister shall end the session of the Parliament in consultation with the Speaker of the Legislative-Parliament.
  8. Address from the Prime Minister:
    The Prime Minister shall address the Legislative-Parliament session by presenting the Annual Policy and Program.
  9. Quorum:
    Except as otherwise stated in this Constitution, no question or proposal shall be tabled for decision in any Legislative-Parliament meeting unless one fourth of the total number of legislative members are present.
  10. Transaction of Business in the case of Vacancy of Members:
    1. The parliament can execute its work notwithstanding any vacancies in the seats of its members and no proceedings shall become invalid even if it is subsequently found out that a person, not entitled to take part in the proceedings of the House, had participated.
    2. Any Minister, Minister of State or Assistant Minister who is not the member of Legislative-Parliament can attend the meeting of the Legislative-Parliament or any of its Committee meetings.
      Provided that �
      he shall not have the voting power.
  11. Voting:
    1. Except as otherwise provided in this Constitution, all questions submitted for decision in the House shall be decided by a majority vote of the members present. Generally, the member presiding shall not have the right to vote.
      Provided that �
      he may exercise his decisive vote in the case of tie.
  12. Privileges:
    1. There shall be full freedom of speech in the parliament and no member shall be arrested, detained or prosecuted in any court for anything said or for any vote cast in the House.
    2. Every meeting of the Parliament shall have full power to regulate its internal work, and the concerned meeting shall have the exclusive right to decide whether or not any proceeding of the House is regular. No question shall be raised in any court in this regard.
    3. No comment shall be made on good faith regarding any proceedings of the parliament and no publication of any kind shall be made about anything said by any member which intentionally distorts or misinterprets the meaning of the speech.
    4. No proceedings shall be initiated in any court against any person for publication of any document, report, vote or proceeding which is made under authority given by the Parliament.
      Explanation: For the purposes of Sub-clauses (1), (2), (3) and (4), the word �parliament meeting� shall mean any meeting of the parliament or any of its committee meetings.
    5. No member of Parliament shall be arrested during the session of the parliament.
      However, nothing in this clause shall be deemed to prevent the arrest under any law of any member on a criminal charge. If any member is so arrested, the official making such arrest shall have to immediately inform the person chairing the parliament.
    6. Any breach of privilege stated in this Article shall contempt the privilege of the Parliament and the breach of privilege of parliament shall be considered as the contempt of parliament. The parliament shall have the exclusive right to decide whether or not any breach of privilege has taken place.
    7. If a person is in contempt of the Parliament, the Chairperson of the concerned House may, after a decision by the House to that effect, admonish, warn or impose a sentence of imprisonment not exceeding three months or impose a fine of up to ten thousand rupees on such person. If he does not pay the fine, then it shall be recovered as government dues.
      Provided that �
      if the person so accused submits an apology to the satisfaction of the House, it may pardon him or reduce or not implement the already prescribed punishment.
    8. Other matters relating to privileges not mentioned in this Constitution shall be as determined by law.
  13. Procedures Relating to the Conduct of Business:
    The Legislative-Parliament remaining within the framework of this Constitution shall execute its work on political consent; formulate regulations to properly manage its meetings, formulate committees and regulate proceedings and other issues. Until the time such regulation is framed, the House shall itself regulate its operational procedure.
  14. Committees:
    There shall be required numbers of committees and sub-committees in the Legislative-Parliament as provisioned by the law.
  15. Constituent Assembly to Exe rcise the Power of the L egislature-Parliament:
    After the termination of tenure of the Legislative-Parliament pursuant to Article 44 Clause (4), the power of the Legislative-Parliament as per this Constitution shall be exercised by the Constituent Assembly.
  16. Restriction on discussion:
    1. No discussion shall be held in the House about anything done by a Judge in course of performance of his duties regarding a case which is under consideration in any court of Nepal.
      Provided that �
      nothing in this Article shall be deemed to bar the expression of opinion about the conduct of a Judge during deliberations on an impeachment proposal.
    2. This provision made pursuant to Clause (1) shall be applicable even to Constituent Assembly.
  17. Secretariat of the House:
    1. There shall be one secretariat to manage the work of the Legislative-Parliament. The formation of such a secretariat or other related issues shall be as determined by the law.
      The Nepal Government shall make available the necessary employees required to execute the work of the House.
  18. Remuneration:
    The remuneration and privileges of the Speaker, Deputy Speaker, member and Committees� Chairperson of the Legislative-Parliament shall be as provisioned by the law and until the time it is not so determined, it shall be as determined by the Nepal Government.

 

PART 7

CONSTITUENT ASSEMBLY

 

  1. Formation of the Constituent Assembly:
    1. There shall be the formation of one Constituent Assembly to formulate a new Constitution by the Nepalese people themselves remaining within the framework of this Constitution.
    2. The Election of the constitution shall be held on the date specified by the Government of Nepal after this constitution comes into effect.
    3. As per the provision made by the law the Constituent Assembly shall be composed of a total of 425 members � 409 elected and 16 nominated on the basis of Mixed Electoral System.
      1. 205 elected members from among the candidates elected on the basis of First Past the Post from each of the Election Constituents determined by the existing law prior to the implementation of this constitution.
      2. 204 members elected on the basis of Proportional Electoral System for the political parties considering the whole country as one single constituent.
      3. 16 members nominated by the Interim Council of Ministers from among the prominent national figures on the basis of consensus.
    4. The principle of inclusiveness shall have to be kept in mind while choosing the candidates by the political parties according to part (a) of Sub-clause (3) and while listing the candidates by the political parties pursuant to part (b), they should make sure that various people like women, Dalit( suppressed group), underprivileged tribes, aborigines, backward region, Madhesi including other class are proportionally represented according to the law.
      Notwithstanding anything contained in this Sub-clause, in case of women there should be at least one third of total representation obtained by adding candidature pursuant to part (a) of Sub- clause (3) to the proportional representation pursuant to part (b) of Sub- clause (3).
    5. The election of the members of the Constituent Assembly, as provisioned by the law, shall be conducted through secret ballot.
    6. For the purpose of the election of the Constituent Assembly the Nepalese Citizens who have attained the age of 18 by the end of Mangsir 2063 (15th December 2006) shall be entitled to vote.
    7. The election of the Constituent Assembly shall be carried out on the basis of the points outlined in this Article and other points related to it shall be according to the provisions made by the law.
  2. Tenure of the Constituent Assembly: Except in the case of Constituent Assembly passing a resolution for its dissolution, the tenure of the Constituent Assembly shall be two years from the date of its first meeting.
    Provided that �
    if the task of Constitution formulation cannot be completed due to the declaration of an emergency situation in the country, the Constituent Assembly can extend the tenure by another six months by passing a proposal.
  3. Qualifications of the Members: Any person should possess the following qualifications to qualify as a member of the Constituent Assembly:
    1. Nepalese Citizen,
    2. Having completed at least twenty five years of age,
    3. Not punished by the law on criminal charges,
    4. Should not hold an office of profit.
      Explanation: For the purpose of part (f), “office of profit” means any position, other than a political position to be filled by election or nomination for which remuneration or any other economic benefit is paid out of a Government Fund.
  4. Decision as to the Disqualification of Members:
    If a question arises as to whether any member of the Constituent Assembly is disqualified or has ceased to possess any of the qualifications set forth in Article 65, the final decision shall be made by the Constituent Assembly Court.
  5. Vacation of the Seat of Members:
    The seat of a member of the Constituent Assembly shall be considered vacant in the following circumstances:

    1. If he resigns in writing,
    2. If he does not or has ceased to possess the qualifications referred to in Article 65
    3. If he remains absent for ten consecutive meetings without pre-notification to the Assembly,
    4. If the party of which he was a member when elected provides notification in the manner set forth by law that he has abandoned the party or notifies that he no longer holds the membership of the party,
    5. If he dies,
      Explanation: The provision in part (d) shall not be applied in the case of Constituent Assembly Chairperson or Vice Chairperson.
  6. Oath of Members:
    Every member of the Constituent Assembly shall, before taking part for the first time in a meeting of that Assembly or any of its committees, take an oath as provided by law.
  7. Sessions of the Constituent Assembly:
    1. The first meeting of the Constituent Assembly will sit on the twenty first day after the final results of the election of members of the Constituent Assembly is made public by the election commission and the meeting thereafter as summoned by the Prime Minister will sit on the prescribed date and place by the person chairing the Constituent Assembly.
    2. Notwithstanding anything contained in Sub- clause (1), if one-fourth of the members appeal before the chairperson of the Constituent Assembly citing reasons that calling Constituent Assembly meeting is necessary, then the chairperson shall have to call such meeting within fifteen days of such application.
  8. Procedure for Passage of Constitution Bills:
    1. The Constituent Assembly, while passing the Bill of the Constitution, shall do so by carrying out voting in the Preamble and each Article of such a Bill tabled in the Constituent Assembly.
    2. While carrying out voting as per Sub- clause (1) with at least two thirds of the Constituent Assembly members attending should pass the Bill unanimously.
    3. If there can not be a unanimous decision in the Preamble or any Articles of the Constitution Bill as prescribed in Sub- clause (2), the political leaders representing the parliamentary (legislature) parties shall carry out mutual consultations to develop a consensus in the said subject matter.
    4. The consultation work as prescribed in Sub- clause (3) should be completed within a maximum period of fifteen days from the date that such a unanimous decision could not be reached.
    5. If consultations are carried as prescribed in Sub- clause (4), then there shall be re-voting for the Preamble or any Article of such a Bill within seven days from the date of such consultations end.
    6. While carrying out voting as prescribed in Sub- clause (5) and also if an unanimous decision cannot be reached as prescribed in Sub- clause (2), then there shall be re-voting for such a Preamble or Article for which a unanimous decision could not be reached and in such voting, with at least two thirds of the Constituent Assembly members attending, it should be passed with at least a two thirds majority after which such a Preamble or Section shall be considered to have passed,
    7. For the purpose of this Article, while carrying out voting for such a Preamble or Article of the Constitution Bill tabled in the Constituent Assembly, if any member does not vote against the Preamble or any Article then it is considered to have a unanimous decision,
  9. Chairperson and Vice Chairperson of the Constituent Assembly:
    1. The Constituent Assembly before initiating its work on the Constitution drafting shall carry out the election of one Chairperson and one Vice Chairperson from among its members.
    2. While carrying out the election as prescribed in Sub- clause (1), the Chairperson and Vice Chairperson should be from the different political parties represented in the Constituent Assembly,
    3. Until the time the election is not completed for Chairperson and Vice Chairperson as prescribed in Sub- clause (1), the Constituent Assembly member who is by age the senior-most person in the Constituent Assembly shall preside over the meeting of the Constituent Assembly.
    4. The Chairperson and Vice Chairperson, while executing work as per this Constitution, should be for or against any political party and should act independently.
  10. Vacation of Seats of Chairperson and Vice Chairperson:
    1. The Chairperson and Vice Chairperson post shall be vacant in the following conditions:
      1. If he submits written resignation,
      2. If his membership in the Constituent Assembly no longer remains,
      3. If at least two thirds majority members of the Constituent Assembly pass a proposal against his conduct, or
      4. If he dies.
    2. While carrying out discussions as regards to the conduct of the Chairperson of the Constituent Assembly not being compatible to his position, the Vice Chair person or any other member shall chair the meeting and the Chairperson can participate or vote in such discussion,
  11. Quorum:
    Except in the case otherwise is written in this part, the quorum for the Constituent Assembly is not considered to be met if at least one fourth of the total members are not present in the Constituent Assembly meeting and no question or proposal shall be tabled for decision.
  12. Transaction of Business of the Constituent Assembly in case of vacancy of Members:
    The Constituent Assembly can execute its work even if there is any vacation of the Seat of a member and if later it is found that any unqualified person had taken part in any work of the Constituent Assembly then such completed task shall not be invalid.
  13. Voting:
    Except as otherwise provided in this part, all questions submitted for decision in the Constituent Assembly shall be decided by a majority vote of the members present and voting. Normally the member presiding shall not have the right to vote.
    Provided that –
    he shall exercise his right to cast a vote in the case of a tie.
  14. Penalty for Unauthorized Presence or Voting:
    If a person sits or votes in a meeting of the Constituent Assembly or any of its committee meetings as a member without taking an oath pursuant to Article 67 or knowing that he is not qualified for membership in the Constituent Assembly, he shall, on the order of the person chairing the House, be liable to a fine of Rs. Five Thousand rupees for every such presence or voting. If he does not pay such fine, then it shall be recovered as government dues.
  15. Privileges:
    1. There shall be complete freedom of speech in the Constituent Assembly and no member shall be arrested, detained or prosecuted in any court for anything said or any vote cast in the Constituent Assembly.
    2. Each meeting of the Constituent Assembly shall have full power to regulate its internal business and only the concerned meeting shall have the exclusive right to decide whether or not any proceeding is regular. No question shall be raised in any court in this regard.
    3. No comment shall be made about the good faith concerning any proceeding of the Constituent Assembly and no publication and broadcasting of any kind shall be made about anything said by any member which intentionally misinterprets or distorts the meaning of the speech.
    4. No proceedings shall be initiated in any court against any person for publication of any document, report, vote or proceeding which is made under the authority provided by this Constituent Assembly.
      Explanation: For the purposes of sub-clauses (1), (2), (3) and (4), the word �Constituent Assembly Meeting” means the meeting of the Constituent Assembly or meeting of any of its committees.
    5. No member of the Constituent Assembly shall be arrested during the period of Constitution drafting.
      Provided that –
      this sub-clause shall not prevent the arrest of any member on a criminal charge under the law. If any member is so arrested, the official making such arrest shall forthwith inform the person chairing the Constituent Assembly.
    6. If any point prescribed in this Article is violated, it shall be a breach of privilege of the Constituent Assembly and this breach of privilege of the Constituent Assembly shall be considered as contempt of the Constituent Assembly. The Assembly shall have the exclusive right to decide whether or not any breach of privilege has taken place.
    7. If a person is in contempt of the Constituent Assembly, the Chairperson of the concerned meeting may, after a decision from the meeting to that effect warn, admonish, or impose a sentence of imprisonment not exceeding three months or penalize up to Rs ten thousand. If he does not pay the fine, then it shall be recovered as government dues.
      Provided that �
      if the person so accused submits an apology to the satisfaction of the Constituent Assembly, it may pardon him or decline, reduce or not implement the already prescribed punishment.
    8. Other matters relating to privileges not mentioned in this Constitution shall be as determined by law.
  16. Procedures relating to the Conduct of Business:
    The Constituent Assembly remaining, within the framework of this Constitution, will formulate Regulations to execute its work, to properly mange its meetings, to formulate the committees and to regulate the proceedings and other issues. Until the time such Regulations are framed, the Constituent Assembly shall itself regulate its operational procedure.
  17. Committee:
    There shall be required numbers of Committees and Sub-Committees in the Constituent Assembly as provisioned by the law. Specialists may be consulted for help as needed.
  18. Secretariat of the Constituent Assembly:
    1. There shall be one Secretariat to manage the work of the Constituent Assembly. The formation of such a Secretariat or other related issues shall be as determined by the law.
    2. The Nepal Government shall make available the necessary employees required to execute the work of the Constituent Assembly.
  19. Remuneration:
    The remuneration and benefits of the Chairperson, Vice Chairperson, member and Committees� Chairperson of the Constituent Assembly shall be as provisioned by the law and until the time it is not so determined, it shall be as determined by the Nepal Government.
  20. Dissolution of the Constituent Assembly:
    The Constituent Assembly shall be dissolved that very day the Constitution promulgation by the Constituent Assembly comes into effect.
    Provided that �
    Until the Legislative Parliament Election in line with the Constitution passed by the Constituent Assembly takes place, the functions and activities of the Legislative Parliament shall be in accordance with whatever has been mentioned in the Constitution passed by that Assembly.
  21. Performing as Legislature-Parliament:
    1. Notwithstanding anything contained elsewhere in this part, the Constituent Assembly shall also act as legislature parliament until the period the Constituent Assembly remains and for the regulation of its regular parliamentary activities the Constituent Assembly can formulate a separate committee.
    2. The chairperson and vice chairperson of the Constituent Assembly shall respectively be the chairperson and vice chairperson of the legislative.
    3. The Secretariat of the Constituent Assembly and its employees shall also be the Secretariat and employees of the legislatives.
    4. The Constitution while executing work as legislative with necessary adjustments in provisions of part 9 shall implement the Constituent Assembly.

 

PART 8

LEGISLATIVE PROCEDURE

  1. Procedure to introduce a bill:
    1. A bill may be introduced in the House by any member of the Legislative-Parliament.
      Explanation: For provision of this part “House” means Legislative-Parliament House and “member” means member of the Legislative-Parliament.
    2. A Finance Bill or a Bill concerning the Nepal Army, the Armed Police, Police or related to security shall be introduced only as a Government Bill.
    3. “Finance Bill” means a Bill concerning any or all of the following subjects:
      1. Imposition, collection, abolition, alteration, remission or regulation of the taxation system;
      2. Preservation of the Consolidated Fund or any other Government Fund, the deposit of amounts into and the appropriation or the withdrawal of amounts from such Funds, or the reduction, increment or cancellation of appropriations or of proposed expenditures from such Funds;
      3. Regulation of matters relating to the raising of loans or the issuing of guarantees by the Nepal Government or any matter pertaining to the amendment of the laws concerning the financial liabilities undertaken or to be undertaken by the Nepal Government;
      4. Custody and investment of all revenues received by any Government Fund, the amount acquired through the repayment of loans, and the grant amount; or audit of the accounts of the Nepal Government; or
      5. Matters directly related to Sub-clause (a) to (d),
        Provided that �
        fees such as any license fee, application fee, renewal fee or any penalty or provision of imprisonment or tax or fees imposed by a local authority only does not mean the finance bill.
    4. If any question arises whether a Bill is a Finance Bill or not, the decision of the Speaker of the Legislative-Parliament shall be final.
  2. Procedure for Passage of Bills:
    1. The member wishing to table a bill in the house should give information one week prior to the Secretary General or Secretary of the legislature.
      Provided that �
      for the Government bill five day prior information is sufficient.
    2. The copies of the bill shall be given to the members of legislature two days prior to the tabling of the Bill,
    3. The member introducing the bill can table any proposal regarding the consideration of the bill in the House.
    4. If the proposal prescribed in Clause (3) is accepted, then the bill shall be discussed sectionwise in the House or concerned committee.
    5. If the detailed sectionwise discussion in the House is completed and after the sectionwise discussion in the committee and discussion on the report completes, then the member introducing the bill shall present a proposal to be passed by the legislature.
    6. If the proposal tabled according to Clause (5) is approved by the simple majority, then the Bill is considered to be passed.
  3. Withdrawal of Bills:
    A Bill may be withdrawn by the member introducing it with the approval of the House.
  4. Assent on Bills:
    A bill approved by the House shall be the Act after its approval by the Speaker of Legislative-Parliament.
  5. Ordinance:
    1. If at any time, except when the Legislative House is in session, the Nepal Government is satisfied that such circumstances exist which render it necessary to take immediate action, without prejudicing the provisions set forth in this Constitution, then it may promulgate any Ordinance as deemed necessary.
    2. 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 next session of Legislative-Parliament, and if not passed by such session, it shall ipso facto cease to be effective;
      2. may be repealed at any time by the Nepal Government; and
      3. Shall, unless rendered ineffective or repealed under Sub-clause (a) or (b), ipso facto cease to have effect at the expiration of sixty days from the commencement of a session of Legislative-Parliament.

 

PART 9

FINANCIAL PROCEDURE

  1. No Tax to be Levied or Loan to be Raised Except in Accordance with Law:
    1. No tax shall be levied and raised except in accordance with law.
    2. No loan shall be raised or guarantee be given by the Government of Nepal except in accordance with law.
  2. Consolidated Fund:
    Except the revenues of Guthi (religious endowments), all revenues received by The Nepal Government, all loans raised with revenues as collateral, all assets received while recovering a loan that was issued under the provisions of the Act and all other amounts receivable by the government shall be deposited in one government fund known as the Consolidated Fund.
    Provided that �
    except in the case of private Guthi, the amount of other Guthis shall be regulated by formulating law.
  3. Expenditures From the Consolidated Fund or the Government Fund
    No expenditure shall be incurred from the Consolidated Fund or any other Government fund except the following:

    1. Amount charged on the Consolidated Fund,
    2. Expenditure amount under Appropriation Act,
    3. Expenditure amount under the Act in the form of Advance when an Appropriation Bill is under consideration, or
    4. Expenditure amount incurred in extraordinary circumstances under a Vote of Credit Act.
      Provided that �
      in the case of Contingency Fund, it shall be as provisioned in Article 97.
  4. Expenditure Chargeable on the Consolidated Fund:
    Expenditures related to the following subjects shall be charged on the Consolidated Fund:

    1. the amount provided as remuneration, privileges and pension payable to the Chief Justice of Nepal and other Judges of the Supreme Court,
    2. the amount provided as remuneration and privileges payable to the following officials:
      1. Speaker and Deputy Speaker of the Legislative-Parliament,
      2. Speaker and Deputy Speaker of the Constituent Assembly,
      3. Chief Commissioner and other Commissioners of the Commission for the Investigation of the Abuse of Authority,
      4. Auditor General,
      5. Chairperson and members of the Public Service Commission,
      6. Chief Election Commissioner and other Election Commissioners, and
      7. Chairperson and members of the National Human Rights Commission.
    3. Administrative expenses of the Supreme Court, Commission for the Investigation of the Abuse of Authority, Office of the Auditor General, Election Commission and National Human Rights Commission,
    4. All expenditures relating to debts for which The Nepal Government is liable,
    5. Amount to be paid for any judgment or decree of a court against the Nepal Government, and
    6. Any amount declared by the law to be chargeable on the Consolidated Fund.
  5. Estimates of Revenues and Expenditures:
    1. The Finance Minister with respect to every fiscal year shall present before the legislature the annual estimates outlining the following points:
      1. Estimate of revenues,
      2. Necessary amount to meet the charges on the Consolidated Fund, and
      3. Necessary amount to meet the expenditure of an Appropriation Act.
    2. While presenting annual estimates pursuant to Clause (1), the statement of expenses allocated to each Ministry in the previous financial year and particulars of whether the objectives of the expenses were achieved or not shall also be presented.
  6. Appropriation Act:
    The expenditure amount as per the Appropriation Act shall be specified under appropriate heads and recorded in the Appropriation Bill.
  7. Supplementary Estimates:
    1. The Finance Minister shall present supplementary estimate if the following situation is found in any fiscal year:
      1. If the amount authorized to be spent for a particular service by the Appropriation Act in the current fiscal year is insufficient, or if it becomes necessary to spend under a new service for which the fund has not been appropriated, or
      2. If the expenditures in that fiscal year exceeds the amount authorized by the Appropriation Act,
    2. The amount included in the supplementary estimates shall be categorized into specific heads and recorded in a Supplementary Appropriation Bill.
  8. Expenditure as Advance:
    1. Notwithstanding anything contained in this part, a portion of the expenditure estimated for the fiscal year may be incurred in advance by an Act when an Appropriation Bill is under consideration.
    2. An Advance Expenditure Bill shall not be submitted until the estimates of revenues and expenditures have been presented in accordance with the provisions of Article 92 and the Advance Expenditure amount shall not exceed one third of the expenditure estimate of the fiscal year.
    3. The expenditure incurred as per the Vote on Account Act shall be included in the Appropriation Bill.
  9. Credit Expenditure:
    Notwithstanding anything contained elsewhere in this part, if a situation of local or national emergency arises due to natural cause, external aggression threat, internal disturbances or other reasons and the specified details as required under the Article 92 may be impractical or inexpedient in view of the security or interest of the State, then the Finance Minister can present a Credit Expenditure Bill that contains only expenditure details before the Legislative-Parliament.
  10. Contingency Fund:
    An Act may create a Contingency Fund into which shall be paid from time to time such moneys as may be determined by law. Such Fund shall be under the control of the Government of Nepal and any unforeseen expenditures shall 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 through another Act.
  11. Act Relating to Financial Procedure:
    Issues related to the transfer of an amount appropriated under one head to another and other points related to financial procedures shall be as provided by the Act.

Go to Part 10-25

External Source: Government of Nepal

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