diff --git "a/constitution_text.txt" "b/constitution_text.txt" new file mode 100644--- /dev/null +++ "b/constitution_text.txt" @@ -0,0 +1,5903 @@ + +1 + + + + +THE CONSTITUTION OF NEPAL + +2 + Table of Content s + +Preamble +Part-1 +Preliminary +Part-2 +Citizenship +Part-3 +Fundamental Rights and Duties +Part-4 +Directive Principles, Policies and Obligations of the State +Part-5 +Structure of State and Distribution of State Power +Part -6 +President and Vice -President +Part-7 +Federal Executive +Part-8 +Federal Legislature +Part-9 +Federal Legislative Procedures +Part-10 +Federal Financial Procedures +Part-11 +Judiciary +Part-12 +Attorney General +Part-13 +State Executive +3 + Part-14 +State Legislature +Part- 15 +State Legislative Procedures +Part-16 +State Financial Procedures +Part-17 +Local Executive +Part-18 +Local Legislature +Part-19 +Local Financial Procedures +Part-20 +Interre lations between Federation, State and Local level +Part- 21 +Commission for the Investigation of Abuse of Authority +Part-22 +Auditor General +Part -23 +Public Service Commission +Part-24 +Election Commission +Part-25 +National Human Rights Commission +Part -26 +National Natural Resources and Fiscal Commission +Part -27 +Other Commissions +Part -28 +4 + Provision Relating National Security +Part- 29 +Provision relating to Political Parties +Part- 30 +Emergency Power +Part- 31 +Amendment to the Constitution +Part- 32 +Miscellaneous +Part- 33 +Transitional Provisions +Part- 34 +Definitions and Interpretation +Part- 35 +Short Title, Commencement and Repeal +Schedule - 1 +National Flag of Nepal +Schedule -2 +National Anthem of Nepal +Schedule -3 +Coat of Arms of Nepal +Schedule -4 +States and Districts to be included in the States +Schedule - 5 +List of Federal Power +Schedule - 6 +List of State Power +Schedule - 7 +List of Concurrent Powers of Federation and State +5 + Schedule - 8 +List of Local level Power +Schedule - 9 +List of Concurrent Power of Federation, State and Local level + + +6 + The Constitution of Nepal +Date of Publication in Nepal Gazette +20 September 2015 (2072.6.3) +Preamble : +We, the Sovere ign People of Nepal, +Internalizing the people's sovereign right and right to autonomy and self -rule, while +maintaining freedom, sovereignty, territorial integrity, national unity, independence +and dignity of Nepal, +Recalling the glorious history of historic people's movements, armed conflict, +dedication and sacri fice undertaken by the Nepalese people at times for the interest of +the nation, democracy and progressive changes , and respecting for the martyrs and +disappeared and victim citizens, +Ending all forms of discrimination and oppression created by the feudalis tic, +autocratic, centralized, unitary system of governance, +Protecting and promoting social and cultural solidarity, tolerance and harmony, and +unity in diversity by recognizing the multi -ethnic, multi -lingual, multi -religious, +multi -cultural and diverse r egional characteristics, resolving to build an egalitarian +society founded on the propo rtional inclusive and participato ry principles in order to +ensure economic equality, prosperity and social justice , by eliminating discrimination +based on class, caste , region, language, religion and gender and all forms of caste - +based untouchability , and +Being committed to socialism based on democratic norms and values including the +people's competitive multiparty democratic system of governance, civil liberties, +fundamental rights, human rights, adult franchise, periodic elections, full freedom of +the press, and independent, impartial and competent judiciary and concept of the rule +of law, and build a prosperous nation, +7 + Do hereby pass and promulgate this Constitution, through the Constituent Assembly, +in order to fulfil the aspirations for sustainable peace, good governance, development +and prosperity through the federal , democratic , republic an, system of governance. + +8 + Part-1 +Preliminary +1. Constitution as the fundamen tal law: (1) This Constitution is the fundamental +law of Nepal. Any law inconsistent with this Constitution shall, to the extent of +such inconsistency, be void. + (2) It shall be the duty of every person to observe this Constitution. +2. Sovereignty and state a uthority : The sovereignty and state authority of Nepal +shall be vested in the Nepalese people. It shall be exercised in accordance with +the provisions set forth in this Constitution. +3. Nation : All th e Nepalese people , with multiethnic, multilingua l, multi -religious, +multicultural characteristics and in geographical diversities, and having +common aspirations and being united by a bond of allegiance to national +independence, territorial integrity, national interest and prosperity of Nepal, +collective ly constitute the nation. +4. State of Nepal : (1) Nepal is a n independent, indivisible, sovereign, secular, +inclusive, democratic, socialism -oriented, federal democratic republican state. +Explanation : For the purposes of this Article, "secular" means religious, +cultural freedoms, including protection of religion, culture handed down from +the time immemorial . +(2) The territory of Nepal shall comprise: +(a) the territory existing at the time of commencement of this +Constitution, and +(b) such other territo ry as may be acquired after the +commencement of this Constitution. +5. National interest : (1) Safeguarding of the freedom , sovereignty, territorial +integrity, nationality, independence and dignity of Nepal , the rights of the +9 + Nepalese people, border security, ec onomic wellbeing and prosperity shall be +the basic elements of the national interest of Nepal. + (2) Any conduct and act contrary to the national interest shall be +punishable by the Federal law. +6. Languages of the nation : All language s spoken as the mother tongues in Nepal +are the languages of the nation. +7. Official language : (1) The Nepali language in the Devnagari script shall be the +official language of Nepal. + (2) A State may, by a State law, determine one or more than one +langu ages of the nation spoken by a majority of people within the State as its +official language(s), in addition to the Nepali language. + (3) Other matters relating to language shall be as decided by the +Government of Nepal, on recommendation of the Language Commission. +8. National f lag: (1) The national flag of Nepal consists of two juxtaposed +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 upp er part and a white emblem of a twelve rayed sun in the lower +part. +(2) The method of drawing out the flag and other particulars relating +thereto shall be as set forth in Schedule -1. +9. National anthem etc : (1) The national anthem of Nepal shall be as set forth in +Schedule -2. + (2) The coat -of-arms of Nepal shall be as set forth in Schedule -3. + (3) The Rhododendron Arboreum shall be the national flower, +Crimson Colo ur shall be the national colo ur, the Cow shall be the national +animal and the Lophophor us shall be the national bird of Nepal. +10 + Part-2 +Citizenship +10. Not to deprive of citizenship : (1) No citizen of Nepal may be deprived of the +right to obtain citizenship. + (2) There is a provision of single federal citizenship with State +identity in Nepal. +11. To be c itizens of Nepal : (1) The persons who have obtained the citizenship of +Nepal at the time of commencement of this Constitution and who are qualified +to obtain citizenship in accordance with this Part shall be the citizens of Nepal. + (2) The following person who has his or her permanent domicile in +Nepal at the time of commencement of this Constitution shall be the citizen of +Nepal by descent: +(a) a person who has obtained the citizenship of Nepal by descent prior +to the commencement of th is Constitution, +(b) a person whose father or mother was a citizen of Nepal at his or her +birth. +(3) A child of a citizen having obtained the citizenship of Nepal by +birth prior to the commencement of Nepal shall, upon attaining majority, +acquire the citiz enship of Nepal by descent if the child's father and mother both +are citizens of Nepal. + (4) Every minor who is found within Nepal and the whereabouts of +whose father and mother are not known shall, until the father or the mother of +the child is traced, be a citizen of Nepal by descent. +(5) A person who is born in Nepal from a woman who is a citizen of +Nepal and has resided in Nepal and whose father is not traced shall be provided +with the citizenship of Nepal by descent. +11 + Provided that his or her father is held to be a foreign citizen, the +citizenship of such person shall be converted into naturalized citizenship as +provided for in the Federal law. + (6) A foreign woman who has a matrimonial relationship with a +citizen of Nepal may, if she so wishes, acquire the naturalized citizenship of +Nepal as provided for in the Federal law. + (7) Notwithstanding anything contained elsewhere in this Article, in +the case of a person born from a woman who is a citizen of Nepal and married +to a foreign citizen , the person may acquire the naturalized citizenship of Nepal +in accordance with the Federal law if h e or she has permanent ly resided in +Nepal and has not acquired the citizenship of a foreign country. + Provided that if such person's mother and father both are citizen s of +Nepal at the time of acquisition of citizenship, such person born in Nepal may +acquire the citizenship of Nepal by descent. + (8) In the cases other than those mentioned in this Article, the +Government of Nepal may, in accordance with the Federal law, grant the +naturalized citizenship of Nepal. + (9) The Government of Nepal may, in accordance with the Federal +law, grant the honorary citizenship of Nepal. + (10) Whenever any territory is acquired by way of merger into Nepal, +a person having his or her d omicile in such territory shall become a citizen of +Nepal, subject to the Federal law. +12. Citizenship with identity of descent and g ender : A person who obtains the +citizenship of Nepal by descent in accordance with this Constitution may +obtain a certifi cate of citizenship of Nepal with gender identity by the name of +his or her mother or father. +12 + 13. Acquisition, reacquisition and termination of citizenship : Other matters +relating to the acquisition, reacquisition and termination of citizenship shall be +as provided for in the Federal law. +14. Power to grant non-resident Nepalese citizenship : The non-residential +citizenship of Nepal may be so granted to a person who has acquired the +citizenship of a foreign country, has reside d in a country other than a member +state of the South Asian Association for Regional Coope ration, and who or +whose father or mother , grandfather or grandmother was prev iously a citizen of +Nepal by decent or birth but subsequently acquired the citizenship of the +foreign country that such person may enjoy economic, social and cultural +rights in accordance with the Federal law . +15. Other provisions relating to citizenship o f Nepal : Other matters relating to the +maintenance of records setting out the identity of every citizen of Nepal and +the citizenshi p of Nepal shall be as provided for in the Federal law. + +13 + Part-3 +Fundamental Rights and Duties +16. Right to live with d ignity : (1) Every person shall have the right to live with +dignity. +(2) No law shall be made providing for the death penalty to any one . +17. Right to f reedom : (1) No person shall be deprived of his or her personal liberty +except in accordance with law . +(2) Every citizen shall have the following freedoms: +(a) freedom of opinion and expression, +(b) freedom to asse mble peaceably and without arms, +(c) freedom to form political parties, +(d) freedom to form unions and associations, +(e) freedom to move and reside in any part of Nepal, +(f) freedom to practice any profession, carry on any occupation, and +establish and operate any industry, trade and business in any part of +Nepal . +Provided that: +(1) Nothing in sub -clause (a) shall be deemed to prevent the making of +an Act to impose reasonable restrictions on any act which may +undermine the sovereignty, territorial integrity, nationality and +independence of Nepal or the harmonious relations between the +Federal Units or the people of vari ous castes, tribes, religions or +communities or incite caste -based discrimination or untouchability +or on any act of disrespect of labour, defamation, contempt of court , +incitement to an offence or on any act which may be contrary to +public decency or morality. +14 + (2) Nothing in sub -clause ( b) shall be deemed to prevent the making of +an Act to impose reasonable restrictions on any act which may +undermine the sovereignty, territorial integrity, nationality and +independence of Nepal o r the harmonious relations between the +Federal Units or public peace and order. +(3) Nothing in sub -clause (c) shall be deemed to prevent the making of +an Act to impose reasonable restrictions on any act which may +undermine the sovereignty, territorial integrity, nationality and +independence of Nepal, constitute an espionage against the nation or +divulge national secrecy or on any act of rendering assistance to any +foreign state, organization or representative in a manner to +undermine the security of Nepal or on an act of sedition or on any +act which may undermin e the harmonious relations between the +Federal Units or on any act of incitement to caste -based or +communal hatred or on any act which may undermine the +harmonious relations between various castes, tribes, religions and +communities, or on any act of acquisition of , or restriction on, +membership of any political party on the basis solely of tribe, +language, religion, community or sex or on any act of formation of a +political party with discrimination between citizens or on incitement +to violent acts o r on any act which may be contrary to public +morality. +(4) Nothing in sub -clause (d ) shall be deem ed to prevent the making of +an Act to impose reasonable restrictions on any act which may +undermine the sovereignty, territorial integrity, nationality and +independence of Nepal, or o n any act which may constitute +espionage against the nation or on any act of divulge nce of national +secrecy or on any act assisting any foreign state, organization or +15 + representative in a manner to undermine the security of Nepal or on +an act of sedition or on any act which may undermine the +harmonious relations between the Federal Units or on any act of +incitement to caste -based or communal hatred or on any act which +may undermine the harmonious relations between various castes, +tribes, religions and communities or on incitement to violent acts or +on any act which m ay be contrary to public morality. +(5) Nothing in sub -clause (e) shall be deemed to prevent the making of +an Act to impose reasonable restrictions on any act which may +undermine the interest of the general public or which may +undermine the harmonious relations between the Federal Units or the +harmonious relations between the peoples of various castes, tribes, +religions or communities or which may constitute or incite vio lent +acts. +(6) Nothing in sub -clause (f) shall be deemed to prevent the making of +an Act to prev ent any act which may undermine the harmonious +relations between the Federal Units or any act which may be +contrary to public health, decency or morality of the general public +or to confer on the State the exclusive right to undertak e any specific +industry, trade or service, or to prescribe any condition or +qualification for carrying on any industry, trade, occupation, +employment or business. +18. Right to e qualit y: (1) All cit izens shall be equal before law. No person shall be +denied the equal protection of law . +(2) No discrimination shall be made in the application of general +laws on grounds of origin, religion, race , caste, tribe, sex , physical condition, +condition of health, marital status, pregnancy, economic condition, language +or region, ideology or on similar other grounds . +16 + (3) The Sta te shall not discriminate citizens on grounds of origin, +religion, race , caste, tribe, sex, economic condition, langu age, region, ideology +or on similar other grounds. +Provided that nothing shall be deemed to prevent the making of spe cial +provisions by law for the protection, empowerment or development of the +citizens including the socially or culturally backward women, Dalit , +indigenous people , indigenous nationalities, Madhesi , Tharu , Muslim, +oppressed class, Pichhada class, minorities, the marginalized, farmers, labours, +youths, children, senior citizens, gender and sexual minorities, persons with +disabilities, persons in pregnancy , incapacitated or helpless, backward region +and indigent Khas Arya . +Explanation : For the purposes of thi s Part and Part 4, " indigent" means a +person who earns income less than that specified by the Federal law. +(4) No discrimination shall be made on the ground of gender with +regard to remuneration and social security for the same work. +(5) All offspring shall have the equal right to the ancestral property +without discrimination on the ground of gender. +19. Right to c ommunication : (1) No publication and broadcasting or dissemination +or printing of any news item, editorial, feature article or other reading, audio +and audio -visual material through any means whatsoever including electronic +publication, broadcasting and printing shall be ce nsored. +Provided that nothing shall be deemed to prevent the making of Acts to +impose reasonable restrictions on any act which may undermine the +sovereignty, territorial integrity, nationality of Nepal or the harmonious +relations between the Federal Units or the harmonious relations between +various castes, tribes , religions or communities, or on any act of sedition, +defamation or contempt of court or incitement to an offence, or on any act +17 + which may be contrary t o public decency or morality, on any act of h atred to +labour and on any act of incitement to caste -based untouchability as well as +gender discrimination. +(2) No radio, television, on -line or other form of digital or electronic +equipment, press or other means of communication publishing , broad casting or +printing any news item, feature, edit orial, article, information or other material +shall be closed or seized nor shall registration thereof be cancelled nor shall +such material be seized by the reason of publication, broadcasting or printing +of such material through any audio, audio -visual or electronic equipment. +Provided that nothing contained in this clause shall be deemed to prevent +the making of an Act to regu late radio, television, online or any other form of +digital or electronic equipment, pre ss or other means of communication. +(3) No mean s of communication including the press, electronic +broadcasting and telephone shall be interrupted except in accordance with law. +20. Rights r elating to justice : (1) No person shall be detained in custody with out +informing him or her of the ground for his or her arrest. +(2) Any person who is arrested shall have the right to consult a legal +practitioner o f his or her choice from the time of such arrest and to be defended +by such legal practitioner. Any consultation made by such person with , and +advice given by, his or her legal practitioner shall be confidential . + Provided this clause shall not apply to a citizen of an enemy state . +Explanation : For the purpos e of this clause, "legal practitioner" mean s +any person who is authorized by law to represent any person in any court. +(3) Any person who is arrested shall be produced before the +adjudicating authority within a period of twenty -four hours of such arrest , +excluding the time necessary for the journey from the place of arrest to such +18 + authority; and any such person shall not be detained in custody except on the +order of such authority. +Provided that this clause shall not apply to a person held in preventive +detention and to a citizen of an enemy state . +(4) No person shall be liable for punishment for an act which was +not punishable by the law in force when the act was committed nor shall any +person be subjected to a punishment greater than that prescribed by the law in +force at the time of the commission of the offence. +(5) Every person charged with an offence shall be presumed +innocent until proved guilty of the offence. +(6) No person shall be tried and punished for the same offence in a +court more than once. +(7) No person charged with an offence shall be compelled to testify +against himself or herself. +(8) Every person shall have the right to be informed of any +proceedings taken against him or her. +(9) Every person shall have the right to a fair trial by an independent , +impartial and compe tent court or judicial body . +(10) Any indigent party shall have the right to free legal aid in +accordance with law. +21. Right of v ictim of crime : (1) A victim of crime shall have the right to get +information about the investigation and proceedings of a case in which he or +she is the victim . +(2) A victim of crime shall have the right to justice including social +rehabilitation and compensation in a ccordance with law . +19 + 22. Right against t orture : (1) No person who is arrested or detained shall be +subjected to physical or mental torture or to cruel, inhuman or degrading +treatment. +(2) Any act mentioned in claus e (1) shall be punishable by law , and +any person who is the victim of such treatment shall have the right to obtain +compensation in accordance with law. +23. Right against preventive d etention : (1) No person shall be held under +preventive detention unless there is a sufficient ground of the existence of an +immediate threat to the sovereignty, territorial integrity or public peace and +order of Nepal. +(2) Information about the situation of a person who is held under +preventive detenti on pursuant to clause (1) must be given immediately to his or +her family members or relatives. +Provided that this clause shall not apply to a citizen of an enemy state. +(3) If the authori ty making preventive detention holds any person +under preventi ve detention contrary to law or in bad faith, the person held +under preventive detention shall have the right to obtain comp ensation in +accordance with law . +24. Right against untouchability and discrimination : (1) No person shall be +subjected to any form of untouchability or discrimination in any private and +public places on grounds of his or her origin, caste, tribe, community , +profession, occupation or physical condition . +(2) In producing or distributing any goods, services or facilities, no +person belonging to any particular caste or tribe shall be prevented from +purchasing or acquiring such goods, services or facilities nor shall such goods, +services or facilities be sold , distributed or provided only to the persons +belonging to any particular caste or tribe. +20 + (3) No act purporting to demonstrate any person or community as +superior or inferior on grounds of origin, caste, tribe or physical condition or +justifying social discrimin ation on grounds of caste , tribe or untouchability or +propagating ideology based on untouchability and caste based superiority or +hatred or encouraging caste -based discrimination in any manner whatsoever +shall be allowed. +(4) No discrimination in any form shall be allowed at a workplace +with or without making untouchability on the ground of caste . +(5) Any act of untouchability and discrimination in any form +committed in contravention of this Article shall be punishable by law as a +severe social offence , and the victim of such act shall have the right to obtain +compensation in accordance with law . +25. Right relating to p roperty : (1) Every citizen shall, subject to law, have the right +to acquire, own, sell, dispose, acquire business profits from, and otherwise deal +with, property . +Provided t hat the State may levy tax on property of a person, and tax on +income of a person in accordance with the concept of progressive taxation. +Explanation : For the purposes of this Article, "property" means any form +of property including movable and immovable property, and includes an +intellectual property right. +(2) The State shall not, except for public interest, requisition, +acquire, or otherwise create any encumbrance on, property of a person . +Provided that this clause shall not apply to any property acquired by any +person illicitly. +(3) The basis of compensation to be provided and procedures to be +followed in the requisition by the State of property of any person for public +interest in accordan ce with clause (3) shall be as provided for in the Act. +21 + (4) The provisions of clauses (2) and (3) shall not prevent the State +from making land reforms, management and regulation in accordance with law +for the purposes of enhancement of product and productivity of lands, +modernization and commercialization of agriculture, environment protection +and planned housing and urban development. +(5) Nothing shall prevent the State from using the property of any +person , which it has requisitioned for public in terest in accordance with clause +(3), for any other public interest instead of such public interest. +26. Right to freedom of r eligion : (1) Every person who has faith in religion shall +have the freedom to profess, practice and protect his or her religion according +to his or her conviction . + (2) Every religious denomination shall have the right to operate and +protect its religious sites and religious Guthi (trusts). +Provided tha t nothing shall be deemed to prevent the regulation, by +making law , of the operation and protection of religious sites and religious +trusts and management of trust properties and lands. +(3) No person shall , in the exercise of the right conferred by this +Article, do, or caus e to be done, any act which may be contrary to public +health, de cency and morality or breach public peace , or convert another person +from one religion to another or any act or conduct that may jeopardize other's +religion . +27. Right to i nformation : Every citizen shall have the right to demand and receive +information on any matter of his or her interest or of public interest. + Provided that no one shall be compelled to provide information on any +matter of which confidentiality must be maintained in accordance with law. +22 + 28. Right to p rivacy : The privacy of any person, his or her residence , property, +document, data, correspondence and matters relating to his or her character +shall , except in accordance with law, be inviolable. +29. Right against e xploitation : (1) Every person shall have the right against +exploitation. +(2) No person shall be exploited in any manner on the ground s of +religion, custom, tradition, usage, practice or on any other grounds. +(3) No one shall be subjected to trafficking nor shall one be held in +slavery or servitude. +(4) No one shall be forced to work against his or her will. +Provided that nothing shall be deemed to prevent the making of law +empowering the State to require citizens to perform compulsory service for +public purposes. +(5) Act contrary to clauses (3) and (4) shall be punishable by law and +the victim shall have the right to obtain compensation from the perpetrator in +accordance with law. +30. Right to clean environment : (1) Every citizen shall have the right to live in a +clean and healthy environment. +(2) The victim shall have the right to obtain compensation, in +accordance with law, for any injury caused from environmental pollution or +degradation. +(3) This Article shall not be deemed to prevent the making of +necessary legal provisions for a proper balance between the environment and +development, in development works of the nation. +31. Right relating to e ducation : (1) Every citizen shall have the right of access to +basic education. +23 + (2) Every citizen shall have the right to get compulsory and free +education up to the basic level and free education up to the secondary level +from the State. + (3) The citizens with disabilities and the economically indigen t +citizens shall have the right to get free higher education in accordance with +law. + (4) The visually impaired citizens shall have the righ t to get free +education through brail script and the citizens with hearing or speaking +impairment, to get free educ ation through sign language, in accordance with +law. +(5) Every Nepalese community residing in Nepal shall have the right +to get education in its mother tongue and, for that purpose, to open and operate +schools and educational institutes , in accordance with law. +32. Right to language and c ulture : (1) Every person and community shall have the +right to use their languages. + (2) Every person and community shall have the right to participate in +the cultural life of their communities. +(3) Every Nepalese communit y residing in Nepal shall have the right +to preserve and promote its language, script, culture, cultural civilization and +heritage. +33. Right to e mployment : (1) Every citizen shall have the right to employment. +The ter ms and conditions of employment , and unemployment benefit shall be +as provided for in the Federal law. +(2) Every citizen shall have the right to choose employment. +34. Right to l abour : (1) Every labourer shall have the right to practice appropriate +labour. +24 + Explanation : For the purposes of this Article, "labourer" means a labourer +or worker who does physical or mental work for an employer in consideration +for remuneration. +(2) Every labourer shall have the right to appropriate remuneration, +facilities and contributory social security. +(3) Every labourer shall have the right to form and join trade unions +and to engage in collective bargaining, in accordance with law. +35. Right relating to h ealth : (1) Every citizen shall have the right to free basic +health services from the State, and n o one shall be deprived of emergency +health services. +(2) Every person shall have the right to get information about his or +her medical treatment. +(3) Every citizen shall have equal access to health services. +(4) Every citi zen shall have the right of access to clean drinking +water and sanitation. +36. Right relating to f ood: (1) Every citizen shall have the right relating to food. +(2) Every citizen shall have the right to be safe from the state of +being in danger of life from the scarcity of food. +(3) Every citizen shall have the right to food sovereignty i n +accordance with law . +37. Right to h ousing : (1) Every citizen shall have the right to an appropriate +housing. +(2) No citizen shall be evicted from the residence owned by him or +her nor shall his or her residence be infringed except in accordance with law. +38. Rights of w omen : (1) Every woman shall have equal lineage right without +gender based discrimination . +25 + (2) Every woman shall have the right to safe motherhood and +reproductive health. +(3) No wom an shall be subjected to physical, mental, sexual, +psychological or other form of violence or exploitation on grounds of religion, +social, cultural tradition, practice or on any other grounds. Such act shall be +punishable by law, and the victim shall have the right to obtain compensation +in accordance with law. + (4) Women shall have the right to participate in all bodies of the +State on the basis of the principle of proportional inclusi on. + (5) Wome n shall have the right to obtain special opportunity in +education, health, employment and social security, on the basis of positive +discrimination. +(6) The spouse shall have the equal right to property and family +affairs . +39. Rights of the c hild: (1) Every child shall have the right to name and birth +registration along with his or her identity. +(2) Every child shall have the right to education, health, +maintenance, proper care, sports, entertainment and overall personality +development from the families and the State. +(3) Every child shall have the right to elementary child development +and child participation . +(4) No child shall be employed to work in any factory, mine or +engaged in similar other hazardous work. +(5) No child shall be subjected to child marriage, transported +illegal ly, abducted/kidnapped or taken in hostage. +(6) No child shall be recruited or used in army, police or any armed +group , or be subjected, in the name of cultural or religious traditions, to abuse, +26 + exclusion or physical, mental, sexual or other form of exploitation or improper +use by any means or in any manner. +(7) No child shall be subjected to physical, mental or any other form +of torture in home , school or other place and situation whatsoever . +(8) Every child shall have the right to juvenile friendly justice. +(9) The child who is helpless, orphan, with disabilities, conflict +victim, displaced or vulnerable shall have the right to special protection and +facilities from the State. +(10) Any act contr ary to in clauses (4), (5), (6) and (7 ) shall be +punishable by law, and a child who is the victim of such act shall have the right +to obtain compensation from the perpetrator , in accordance with law . +40. Rights of Dalit : (1) The Dalit shall have the right to participate in all bodies of +the State on the basis of the principle of proportional in clusion. Special +provision shall be made by law for the empowerment, representation and +participation of the Dalit community in public services as well as other sectors +of employment. +(2) Provision of free education with scholarship, from primary to +higher education, shall be made by law for the Dalit students. Special provision +shall be made by law for the Dalit in technical and vocational educat ion. +(3) Special provision shall be made by law in order to provide health +and social security to the Dalit community. +(4) The Dalit community shall have the right to use, protect and +develop their tradition al occupation, knowledge, skill and technology. The +State shall accord priority to the Dalit community in modern business related +with their traditional occupation and provide skills and resources required +therefor. +27 + (5) The State shall once provide land to the landless Dalit in +accordan ce with law . +(6) The State shall , in accordance with law, arrange settlement for +the Dalit who do not have housing. + (7) The facilities conferred by this Article to the Dalit community +must be distributed in a just manner so that the Dalit women, men and Dalit in +all communities can obtain such facilit ies proportionately. +41. Rights of senior citizens : The senior citizens shall have the right to special +protection and social security from the State. +42. Right to social j ustice : (1) The socially backward women, Dalit , indigenous +people , indigenous nationalities , Madhesi , Tharu , minorities , persons with +disabilities, marginalized communities , Muslims, backward classes, gender and +sexual minorities, youths , farmers , labourers , oppre ssed or citizens of +backward regions and indigent Khas Arya shall have the right to participate in +the State bodies on the basis of inclusive principle . + (2) The indigent citizens and citizens of the communities on the +verge of extinction shall have the right to get special opportunities and benefits +in education, health, housing, employment, food and social security for their +protection, upliftment, empowerment and development. + (3) The citizens with disabilities shal l have the right to live with +dignity and honour, with the identity of their diversity , and have equal access to +public services and facilities. + (4) Every farmer shall have the right to have access to lands for agro +activities, select and protect local seeds and agro species which have been used +and pursued traditionally, in accordance with law. + (5) The families of the martyrs who have sacrificed their life , +persons who were forced to disappear, and those who became disabled and +28 + injured in all popular movements, armed conflicts and revolutions that have +been carried out for progressive democratic changes in Nepal, democracy +fighters, conflict victims and displaced ones, persons with disabilities, the +injured and victims shall have the right to get a prioritized opportunity, with +justice and due respect, in educati on, health, employment, housing and social +security, in accordance with law. +43. Right to social security : The indigent citizens, incapacitated and helpless +citizens, helpless singl e women, citizens with disabilities, children, citizens +who cannot take care themselves and citizens belonging to the tribes on the +verge of extinction shall have the right to social security, in accordance with +law. +44. Rights of the c onsumer : (1) Every consumer shall have the right to obtain +quality goods and services. +(2) A person who has suffered injury from any substandard goods or +services shall ha ve the right to obtain compensation in accordance with law. +45. Right against e xile: No citizen shall be exiled. +46. Right to constitutional remedies : There shall be a right to obtain constitutional +remedies in the manner set forth in Article 133 or 144 for the enforcement of +the rights conferred by this Part. +47. Implementation of fundamental rights : The State shall, as required, make legal +provisions for the implementation of th e rights conferred by this Part, within +three years of the commencement of this Constitution. +48. Duties of citizens : Every citizen shall have the following duties : +(a) to safeguar d the nationality, sovereignty and integrity of Nepal, +while being loyal to the nation, +(b) to abide by the Constitution and law , +(c) to render compulsory service as and when the State so requires, +29 + (d) to protect and preserve public property. + +30 + Part-4 +Directive Principles, Policies and Obligations of the State +49. To be g uiding principles : (1) The directive principles , policies and obligations +set forth in this Part shall be the guiding principles for the governance of the +State . +(2) The S tate shall mobilize, or cause to be mobilized, means a nd +resources, as required, to implement the principles , policies and obligations set +forth in this Part. +50. Directive p rinciples : (1) The political objective of the State shall be to establish +a public welfare sy stem of governance, by establishing a just system in all +aspects of the national life through the rule of law, values and norms of +fundamental rights and human rights, gender equality, proportional inclusion, +participation and social justice, while at the same time protecting the life, +property , equality and liberties of the people, in keeping with the vitality of +freedom , sovereignty, territorial integrity and independence of Nepal, and to +consolidate a federal democratic republic an system of governance in order to +ensure an atmosphere conducive to the enjoyment of the fruits of democracy, +while at the same time maintaining the relations between the Federal Units on +the basis of cooperative federalism and incorporating the principle of +proporti onal partic ipation in the system of governance on the basis of local +autonomy and decentralization. +(2) The social and cultural objective of the State shall be to build a +civilized and egalitarian society by eliminating all forms of discrimination, +exploitation and i njustice on the grounds of religion, culture, tradition, usage , +custom, practice or on any other similar grounds, to develop social , cultural +values founded on national pride, democracy, pro-people , respect of labour , +entrepreneurship, discipline, dignity and harmony , and to consolidate the +31 + national unity by maintaining social cohesion, solidarity and harmony, while +recognizing cultural diversity. +(3) The economic objective of the State shall be to achieve a +sustainable economic development , while achieving rapid economic growth , by +way of maximum mobilization of the available means and resources through +participation and development of public , private and cooperatives , and to +develop a socialism -oriented independent and prosperous economy while +making the national economy independent, self -reliant and progressive in order +to build an exploitation free society by abolishing economic inequality through +equitable distribution of the gains. +(4) The State shall direct its international relations toward s +enhancing the dignity of the nation in the world community by maintaining +international relations on the basis of sovereign equality, while safeguarding +the freedom , sovereignty, territorial integrity and independence and national +interest of Nepal. +51. Policies of the State : The State shall pursue the following policies: +(a) Policies relating to n ational unity and national security : +(1) to keep intact the national unity , while p rotecting the freedom, +sovereignty, territorial integrity and independence of Nepal, +(2) to promote the national unity while developing mutual +cooperative relations between the Federal U nits by maintaining +mutual cohesion, harmony and solidarity between various castes, +tribes, relig ions, languages , cultures and communities, +(3) to maintain law and order by developing a national security +system, +(4) to guarantee the overall human security system, +32 + (5) to make all security organs , including the Nepal A rmy, Nepal +Police and Armed Police Force Nepal , com petent, strong, +professional, inclusive and accountable to the people, on the +basis of national security policies, +(6) to make and keep the citizens ready and competent to serve the +nation as and when necessary, +(7) to make proper use, in nations' interest, of the knowledge, skills +and experiences of former public employees including former +employees, military and police. + (b) Policies rela ting to political and governance system of State : +(1) to guarantee the best interests and prosperity of the people +through economic, social and cultural transformations, while +safeguarding, consolidating and developing political +achievements, +(2) to maintain rule of law by protecting and promoti ng human +rights, +(3) to implement international treaties, agreements to which Nepal is +a party, +(4) to guarantee good governance by ensuring the equal and easy +access of the people to the services and facilities delivered by the +State, while making public administration fair, competent, +impartial, transparent, free from corruption, accountable and +participat ory, +(5) to make necessary provisions to make mass media fair, healthy, +impartial, decent, responsible and professional, +33 + (6) to develop and expand harmonious and cooperative relations +between the Federal Units by way of sharing of responsibilities, +resourc es and administration between them. + (c) Relating to s ocial and cultural t ransformation : +(1) to build the society founded on cordial social relations by +developing a healthy and civilized culture, +(2) to carrying out studies, research works, excavation and +dissemination for the protection, promotion and development of +ancient, archaeological and cultural heritages, +(3) to make community development through enhancement of local +public participation , by pro moting and mobilizing the creativity +of local communities in social, cultural and se rvice -oriented +works, +(4) to focus on the development of arts, literature and music which +form cultural heritages, +(5) to end all forms of discrimination, inequality, explo itation and +injustice in the name of religion, custom, usage, practice and +tradition existing in the society, +(6) to protect and develop languages, scripts, culture , literature, arts, +motion pictures and heritages of various castes, tribes, and +communities on the basis of equality and co -existence, while +maintaining the cu ltural diversity of the country, +(7) to pursue a multi -lingual policy. + (d) Relating to economy, industry and c ommerce : +(1) to enhance national economy through partnership and +independent development of the public, private and cooperative +sectors, +34 + (2) to achieve economic prosperity by way of optimum mobilization +of the available means and resources , while focusing on the role +of private sector in economy , +(3) to promote the cooperative sector and mobilize it in national +development to the maximum extent, +(4) to encourage and mobilize the economic sector in the overall +national development, while providing for regulation to maintain +fairness, accountability and co mpetition in all of its activities , +(5) to make equitable distribution of the available means and +resources and benefits of economic development, +(6) to diversify and expand markets for goods and services, while +promoting exports through development and ex pansion of +industries upon identifying areas of comparative advantage, +(7) to protect the interests of consumers by maintaining trade +fairness and discipline by making national economy competitive, +while ending activities such as creating black marketing, +monopoly, artificial scarcity and restricting competition, +(8) to protect and promote domestic industries and resources and +accord priority to domestic investment based on Nepalese labour, +skills and raw materials for the development of national +economy, +(9) to give priority to domestic investment for the development of +national economy, +(10) to encourage foreign capital and technological investment in +areas of import substitution and export promotion, in consonance +with national interest, and encourage and mobilize such +investment in infrastructure building, +35 + (11) to make the obtaining of foreign assistance transparent, while +making the national needs and priorities as the basis for obtaining +foreign assistance, and incorporating amounts received in form of +foreign assistance in the national budget, +(12) to util ize knowledge, skill , technology and capital of the non- +resident Nepalese in the national development, +(13) to give dynamism to the economic development by establishing +coordination between the States and the States and the Federation +in relation to industrial corridors, special economic zones, +national projects and projects involving foreign investment. + (e) Policies relating to agriculture and land reforms : +(1) to make scientific land reforms having regard to the interests of +the farmers, while ending the dual ownership existing in the +lands, +(2) to enhance product and productivity by carrying out land +pooling, while discouraging inactive land ownership, +(3) to make land management and commercia lization, +industrialization, diversification and modernizatio n of +agriculture, by pursuing land -use policies to enhance agriculture +product and productivity, while protecting and promoting the +rights and interests of the farmers, +(4) to make proper use of lands, while regulating and managing +lands on the basis of, inter alia , productivity, nature of lands and +ecological balance, +(5) to provide for the farmers' access to agricultural inputs, agro - +products at fair price and market. +(f) Policies relating to d evelopment : +36 + (1) to formulate sustainable socio -economic development strategies +and programs under the regional development plan for inclusive +economic development with regional balance, and implement +them in a coordinative manner, +(2) to d evelop balanced, environment friendly , quality and +sustainable physical infrastructure s, while according priority to +the regions lagging behi nd from development perspective, +(3) to enhance local public participation in the process of +development works, +(4) to enhance inves tment in scientific study, re search works and in +invention, progress and development of science and technology, +and protect scientist s, technologists, intellectual and eminent +talents , +(5) to ensure easy and simple access of the general public to +informati on technology by developing and expanding +information technology to the tune of national needs, and make +optimum utilization of information technology in the national +development, +(6) to make provisions enabling the general public to enjoy fruits of +development in a just manner, while a ccord ing priority to the +indigent citizens in the distribution of such fruits, +(7) to develop an integrated national identity management +information system and manage all kinds of information and data +of the citizens in an integrated manner, and linking such system +with the services and facilities provided by the State and with +national development plans, +37 + (8) to update demographic statistics and linking it with national +development plans. +(g) Policies relating to protect ion, promotion and use of natural resources : +(1) to protect, promote, and make environmental friendly and +sustainable use of, natural resources available in the country, in +consonance with national interest and adopting the concept of +inter-generational e quity, and make equitable distribution of +fruits, according priority and preferential right to the local +communities, +(2) to make multi -purpose development of water resources, while +according priority to domestic investment based on public +participation, +(3) to ensure reliable supply of energy in an affordable and easy +manner, and make proper use of energy, for the fulfilment of the +basic needs of citizens , by generating and developing renewable +energy, +(4) to develop sustainable and reliable irrigation by making control +of water -induced disasters, and river management, +(5) to conserve, promote, and make sustainable use of, forests, +wildlife, birds, vegetation and bio -diversity, by mitigating +possible risks to environment from industrial and physical +develop ment, while raising awareness of general public about +environment cleanliness, +(6) to maintain the forest area in necessary lands for ecological +balance, +38 + (7) to adopt appropriate measures to abolish or mitigate existing or +possible adverse environmental im pacts on the nature, +environment or biological diversity, +(8) to pursue the principles of environmental ly sustainable +development such as the principles of polluter pays , of +precaution in environmental protection and of prior informed +consent. +(9) to make advance warning, preparedness, rescue, relief and +rehabilitation in order to mitigate risks from natural disasters. +(h) Policies relating to basic needs of the c itizens : +(1) to prepare human resources that are competent, competitive, +ethical, and dev oted to national interests, while making education +scientific, technical, vocational , empirical, employment and +people -oriented, +(2) to make private sector investment made in education service - +oriented by regulating and managing such investment, while +enha ncing the State's investment in the education sector , +(3) to make higher education easy, qualitative and accessible, and +free gradually, +(4) to establish and promote community information centres and +libraries for the personality development of citizens, +(5) to keep on enhancing investment necessary in the public health +sector by the State in order to make the citizens healthy, +(6) to ensure easy, convenient and equal access of all to quality +health services, + +39 + (7) to protect and promote health systems including Ayurveda , as a +traditional medical system of Nepal, natural therapy and +homeopathy system, +(8) to make private sector investment in the health sector service - +oriented by regulating and managing such investment, while +enhanci ng the State's investment in this sector, +(9) to focus on health research and keep on increasing the number of +health institutions and health workers in order to make health +services widely available and qualitative, +(10) to increase average life expectancy by reducing maternal and +infant mortality rate, while encouraging family planning for +population management on the basis of Nepal's capacity and +need , +(11) to manage unplanned settlement and develop planned and +systematic settlement, +(12) to provide for sustainable production, supplies, storage, security, +and easy and effective distribution of foods by encouraging food +production in tune with climate and soil, in consonance with the +concept of food sovereignty , while enhancing investment in the +agriculture sector , +(13) to ensure planned supply system by according special priority to +the remote and backward regions, while ensuring equal access of +all citizens to basic goods and services, +(14) to enhance investment in the transportation sector, while ensuring +simple, easy and equal access of the citizens to transportation +facilities , and to make the transportation sector safe, systematic +and persons with disabilities friendly by encouraging public +40 + transportation and regulating private transporta tion, while +according priority to the environment friendly technologies, +(15) to arrange for access to medical treatment while ensuring +citizen's health insurance. +(i) Policies relating to labo ur and employment : +(1) to make competent and professional the labour force that has +remained as the main socio -economic strength of the country and +enhance employment within the country, while ensuring a +situation enabling all to work, +(2) to guarantee social security, while ensuring the basic rights of all +labou rs, in consonance with the concept of decent labour, +(3) to abolish all forms of labour exploitation including child labour, +(4) to encourage participation of labours in management, while +maintain cordial relations between the labours and entrepreneurs, +(5) to regulate and manage the sector in order to make foreign +employment free from exploitation, safe and systematic and to +guarantee employment and rights of the labours, +(6) to encourage to mobilize the capital, skills, technology and +experience gained from foreign employment in productive +sectors in the country . + (j) Policies relating to social justice and inclusion : +(1) to keep on making appropriate arrangements for the livelihood s +of the helpless single women , while according priority to them in +employment on the basis of skills, competency and qualification , +41 + (2) to make self -dependent the women who are vulnerable , subjected +to social and family exclusion and victims of violence self -reliant +by making their rehabilitation, pro tection and empowerment, +(3) to ensure enjoyment of requisite services and facilities at the +reproductive stage , +(4) to evaluate economically the work and contribution such as +maintenance of children and care of families , +(5) to take into consideration pri marily of the best interests of the +child, +(6) to identify the freed bonded labours, Kamlari, Harawa, +Charawa, tillers, landless, squatters and rehabilitate them by +providing housing, housing plot for residence and cultivable land +or employment for their livelihood s, +(7) to create an atmosphere conducive to the full enjoyment of the +political, economic, social and cultural rights, while enhancing +the participation of youths in national development, to make their +personality development, while providing spec ial opportunity in +areas including education, health and employment for the +empowerment and development of the youths and provide them +with appropriate opportunities for the overall development of the +State, +(8) to make the indigenous nationalities participate in decisions +concerning that community by making special provisions for +opportunities and benefits in order to ensure the right of these +nationalities to liv e with dignity, along with their identity, and +protect and promote traditional knowledge, skill , culture, social +42 + tradition and experience of the indigenous natio nalities and local +communities, +(9) to make special provisions for opportunities and benefits to +minority communities to enjoy social and cultura l rights, with +maintaining their identity, +(10) to make special provisions for equal distribution of economic, +social and cultural opportunities and benefits to the Madhesi +community, Muslims and backward class, and for opportunities +and benefits to the in digent citizens within such communities for +their protection, upliftment, empowerment and development, +(11) to make special provisions for opportunities and benefits for the +protection, upliftment, empowerment and development of the +citizens of the oppress ed and backward regions and for the +fulfilment of their basic needs, +(12) to accord priority to the indigent within all sexes, regions and +communities in the provision of social security and social justice, +(13) to make planned investment in sports and spo rt-persons in order +to prepare healthy, competent and disciplined citizens, and to +develop sports as a means of consolidating national unity and +enhancing national prestige at the international level, +(14) to adopt a single door system for the establishmen t, approval, +operation, regulation and management of community -based and +national or international non -governmental organizations and to +involve such organizations only in the sectors of national need +and priority, while making investment and role of such +organizations transparent and accountable. +(k) Policies r elating to justice and penal s ystem : +43 + (1) to make the administration of justice speedy, efficient, widely +available, economical , impartial, effective, and accountable to +people, +(2) to pursue alternative means such as mediation and arbitration for +the settlement of disputes of general nature, +(3) to adopt effective measures for the control of corruption and +irregularities in all sectors including political, ad ministrative , +judicial and social sectors. +(l) Policies relating to tourism : To develop eco -friendly tourism industries +as an important base of national economy by way of identification, +protection, promotion and publicity of the ancient, cultural, religious , +archaeological and natural heritages of Nepal, to make environment and +policy required for the development of tourism culture, and to accord +priority to local people in the distribution of benefits of tourism +industries. +(m) Policies relating to intern ational r elations : +(1) to conduct an independent foreign po licy based on the Charter of +the United Nations , non -alignment, principles of Panchsheel , +international law and the norms of world peace, taking into +consideration of the overall interest of the nation, while +remaining active in safeguarding the sovereignty, territorial +integrity , independence and national interest of Nepal, +(2) to review treaties concluded in the past , and make treaties, +agreements based on equality and mutual interest. +52. Obligations of the State : It shall be the obligation of the State to make Nepal a +prosperous and affluent country by protecting and promoting fundamental +rights and human rights, pursuing directive principles of the State and +44 + gradually implement ing policies of the State, while keeping intact the freedom, +sovereignty, territorial integrity and independence of Nepal. +53. To submit r eport : The Government of Nepal shall submit a n annual report +containing the steps taken and achievements made in the impl ementation of the +directive principles , policies and obligations of the State set forth in this Part to +the President, and the President shall cause such repor t to be laid through the +Prime Minister before the Federal Parliament. +54. Provisions relating to monitoring : There shall be a committee, in accordance +with law, in the Federal Parliament in order to monitor and evaluate whether +the directive principles, policies and obligations of the State set forth in this +Part have been implemented progressively or not . +55. Questions not to be raised in c ourt: No question shall be raised in any court as +to whether any matter contained in this Part has been implemented or not . + +45 + Part-5 +Structure of State and Distribution of State Power +56. Structure of State : (1) The main structure of the Federal Democratic Republic +of Nepal shall be of three levels, namely the Federation , the State and the Local +level. +(2) The Federation , State and Local l evels shall exercise the power +of State of Nepal pursua nt to this Constitution and law . +(3) There shall be States consisting of the Districts as mentioned in +Schedule -4 existing in Nepal at the time of commencement of this +Constitution. +(4) There shall be Village Institutions , Municipalities and District +Assemblies under the Local level. The number of Wards in a Village +Institution and Municipality shall be as provided for in the Federal law. +(5) Any Special, Protected or Autonomous Region can be set by the +Federal law for social, cultural protection or economic developme nt. +(6) The Federation , State and Local levels shall protect Nepal's +freedom, sovereignty, territorial integrity, independence, national interest, +overall development, multi -party, competitive, democratic, republican, federal +system of governance , human ri ghts and fundamental rights, rule of law, +separation of powers and check and balance, egalitarian society b ased on +pluralism and equality, inclusive representation and identity. +57. Distribution of State power : (1) The powers of the Federation shall be ves ted in +the matters enumerated in Schedule -5, and such powers shall be exercised +pursuant to this Constitution and the Federal law. +46 + (2) The powers of a State shall be vested in the matters enumerated +in Schedule -6, and such powers shall be exercised pursuant to this Constitution +and the State law. +(3) The concurrent powers of the Federation and the State shall be +vested in the matters enumerated in Schedule -7, and such powers shall be +exercised pursuant to this Const itution, the Federal law and the State law. +(4) The powers of the Local l evel shall be vested in the matters +enumerated in Schedule -8, and such powers shall be exercised pursuant to this +Constitution and the law made by the Village Assembly or Municipal +Assembly. +(5) The concurrent powers of the Federation, State and Local l evels +shall be vested in the matters enumerated in Schedule -9, and such powers shall +be exercised pursuant to this Constitution , the Federal law, the State law and +the law made by the Village Assembly or Municipal Assemb ly. +(6) Any law to be made by the State Assembly, Village Assembly or +Municipal Assembly pursuant to clause (3) or (5) shall be so made as not to be +inconsistent with the Federal law, and any law made by the State Assembly, +Village Assembly or Municipal As sembly which is inconsistent with the +Federal law shall be invalid to the extent of such inconsistency. +(7) Any law to be made by the Village Assembly or Municipal +Assembly pursuant to clause (5) shall be so made as not to be inconsistent with +the State la w, and any law made by the Village Assembly or Municipal +Assembly which is inconsistent with the State law shall be invalid to the extent +of such inconsistency. +58. Residual p owers : The Federation shall have power on any matter not +enumerated in the Federa l List, State List, List of Local level or Concurrent +47 + List or on any matter which is not so specified in this Constitution as to be +exercised by any level. +59. Exercise of financial p owers : (1) The Federation, State and Local l evel shall +make laws, make an nual budget, decisions, formulate and implement policies +and plans on any matters related to financial powers within their respective +jurisdictions. +(2) The Federation may so make necessary policies, standards and +laws on any of the matters enumerated in t he Concurrent List and other areas +of financial powers as to be applicable also to the States. +(3) The Federation, State and Local l evel shall make budget of their +respective levels, and the time for submission of budget by the State and Local +level sha ll be as provided for in the Federal law. +(4) The Federation , State and Local level shall provide for the +equitable distribution of benefits derived from the use of natural resources or +development. Certain portions of such benefits shall be distributed, purs uant to +law, in forms of royalty, services or goods to the project affected regions and +local communities. +(5) If, in utilising natural resources, the local community desires to +make investment there in, the Federation, State and Local l evel shall accord +priority to such investment in such portion as provided by law on the basis of +the nature and size of such investment . +(6) The Government of Nepal shall have power to obtain foreign +assistance and borrow loan s. Such assistance or loan s shall be so obtained or +borrowed as to have macro -economic stability of the country. +(7) Provisions relating to the management of budget deficits and +other fiscal discipline of the Federation, State and Local l evel shall be as +provided for in the Federal law. +48 + 60. Distribution of sources of revenue : (1) The Federation, State and Local l evel +may impose taxes on matters falling within their respective jurisdiction and +collect revenue from these sources. +Provided that provisions relating to the imposition of taxes and +collection of revenue on matters that fall within the Concurrent List and on +matters that are not included in the Li st of any l evel shall be as determined by +the Government of Nepal. +(2) The Government of Nepal shall make provisions for the equitable +distribution of th e collected revenue to the Federation, State and Local l evel. +(3) The amount of fiscal transfer receivable by the State and Local +level shall be as recommended by the National Natural Resources and Fiscal +Commission . +(4) The Government of Nepal shall, on t he basis of the need of +expenditure and revenue capacity, distribute fiscal equalization grants to the +State and Local level. +(5) Each State shall, in accordance with the State law, distribute +fiscal equalization grants out of the grants received from the Government of +Nepal and revenues collected from its sources, on the b asis of the need of +expenditure and revenue cap acity of its subordinate Local l evel. +(6) Provisions relating to distribution of conditional grants, +complementary grants or special grants for other purposes to be provided by +the Government of Nepal f rom the Federal Consolidated Fund shall be as +provided for in the Federal law. +(7) Distribution of revenues between the Federal, State and Local +level shall be made in a balanced and transparent manner. +(8) A Federal Act on the distribution of revenues shall be made +having regard to the national policies, national requirements, a utonomy of the +49 + State and Local l evels, services to be r ende red by the State and the Local l evel +to the people and financial powers granted to them, capacity to collect +revenues, potentiality and use of revenues, assistance to be made in +development works, reduction of regional imbalances, poverty and inequality, +end of deprivation, and assistanc e to be made in the performance of contingent +works and fulfilment of temporary needs. + +50 + Part-6 +President and Vice -President +61. President : (1) There shall be a President of Nepal. +(2) The President shall be the head of state of Nepal. He or she shall +perform his or her functions in accordance with this Constitution and the +Federal law. +(3) The President shall promote the national unity of Nepal. +(4) The main duty of the President shall be to abide by and protect +this Constitution. +62. Election of Presi dent: (1) The President shal l be elected by an electoral college +composed of the members of the Federal Parliament and of the State +Assemblies. The voting weightage of the members of the Federal Parliament +and of the State Assemblies shall vary as provided for in the Federal law. +(2) Notwithstanding anything contained in clause (1), nothing shall +be deemed to bar the formation of an electoral college for the purpose of +election to the President by the sole reason that election to the State Assembly +has not been held in any State. +(3) A person who secures a majority of the then existing total votes +of the electoral college under clause (1) shall be elected as the President. +(4) If none of the candidates secures a majority under clause (3), +there shall be voti ng between the two candidates who have secure d the highest +number of votes, and a candidate who secures more than fifty percent of the +total votes in su ch a voting shall be elected as the President. +(5) If none of the candidates secures more than fifty per cent of the +total votes even in the voting under clause (4), re -voting shall be held. A +51 + candidate who secures a majority of the t otal valid votes cast in such voting +shall be elected as the President. +(6) If a person who holds a political office to be fill ed by way of +election, nomination or appointment is appointed as the President under this +Article, his or her such office shall ipso facto be vacant. +(7) Electi on to the President and other m atters related thereto shall +be as provided for in the Federal law. +63. Term of o ffice of President : (1) The term of office of the President shall be five +years from the date on which he or she is so elected. +(2) The President whose term of office under clause (1) has expired +shall continue to discharge the functions un der this Constitution until another +elected President assumes his or her office. +64. Qualification for President : (1) A person who has the following qualification +shall be qualified to become the President: +(a) being qualified to become a member of the Federal Parliament, +(b) having completed the age of at least forty five years, and +(c) not being disqualified by any law. +(2) Notwithstanding anything contained in clause (1), a person who +has already been elected twice as the President shall not become a candidate in +the election to the President. +65. Vacation of o ffice of President : The office of the President shall become vacant +in any of the following circumstances: +(a) if he or she tenders resignation i n writing to the Vice -President, +(b) if a motion of impeachment against him or her is passed under +Article 101, +52 + (c) if his or her term of office expires, +(d) If he or she dies. +66. Functions, duties and p owers of President : (1) The President shall exercise +such powers and perform such duties a s conferred to him or her pursuant to +this Constitution or a Federal l aw. +(2) In exercising the powers or duties under clause (1), the President +shall perform all other functions to be performed by him or her on +recommendation and with the consent of the Council of Ministers than those +functions specifically provided to be performed on recommendation of any +body or official under this Constitution or Federal L aw. Such recommendation +and consent shall be submitted through the Prime Minister. +(3) Any decisio n or order to be issued in the name of the President +under clause (2) and other instrument of authorization pertaining thereto shall +be authenticated as provided for in the Federal l aw. +67. Vice-President : (1) There shall be a Vice -president of Nepal. +(2) The functions to be performed by the President shall be +performed by the Vice-president during the absence of the President. +(3) If a person who holds a political office to be filled by way of +election, nomination or appointment is appointed as the Vice -president, his or +her such office shall ipso facto be vacant. +68. Vacation of o ffice of Vice -president : The office of the Vice -president shall +become vacant in any of the following circumstances: +(a) if he or she tenders resignat ion in writing to the Preside nt, +(b) if a motion of impeachment against him or her is passed under +Article 101, +(c) if his or her term of office expires, +53 + (d) if he or she dies. +69. Other provisions relating to Vice -President : Provisions relatin g to the +qualification, procedures of el ection and term of office of the Vice -President +shall be the same as that of the President. +70. President and Vice -President to be from different sex or c ommunity : Election +to the President and the Vice -president under this Constitution shall be so made +as to have representation of different sex or community. +71. Oath by President and Vice -President : Prior to assuming their respective +office s, the President shall take an oath of office and secrecy before the Chief +Justice, and the Vice -President , before the President, as provided for in the +Federal l aw. +72. Remuneration and f acilities of President and Vice -President : The remuneration +and other facilities of the President and the Vice -president shall be as provided +for in the Federal Act, and as specified by the Government of Nepal until such +Act is made. +73. Office of President and Vice -President : (1) There shall be separate offices for +the performance of the functions of the President and the Vice -President. +(2) The Government of Nepal shall make arrangem ents for +employees and other provisions as required to perform the functions of the +offices under clause (1). + +54 + Part-7 +Federal Executive +74. Form of g overnment : The form of government of Nepal shall be multi -party, +competitive, federal, democratic, republican, parliamentary form of +government based on pluralism. +75. Executive p ower : (1) The executive power of Nepal shall, pursua nt to this +Constitution and law , be vested in the Council of Ministers. +(2) The responsibility for issuing general directive s, controlling and +regulatin g the governance of Nepal shall, subje ct to this Constitution and law , +lie in the Council of Ministers. +(3) All Federal executive functions of Nepal shall be performed in +the name of the Government of Nepal. +(4) Any decision or order to be issued in the name of the +Government of Nepal pursuant to clause (3) and other instruments of +authorization pertaining thereto shall be authenticated as provided for in the +Federal law. +76. Constitution of Council of Ministers : (1) The Presiden t shall appoint the leader +of a parliamentary party that commands majority in the House of +Representatives as the Prime Minister, and the Council of Ministers shall be +constituted under his or her chairpersonship. +(2) In cases where no party has a clear ma jority in the House of +Representatives under clause (1), the President shall appoint as the Prime +Minister a member of the House of Representatives who can command +majority with the support of two or more parties representing to the House of +Representative s. +55 + (3) In cases where Prime Minister cannot be appointed under clause +(2) no later than thirty days after the date of declaration of the final results of +election to the House of Representatives or the Prime Minister so appointed +fails to secure a vote of confidence under clause (4), the President shall appoint +as the Prime Minister the parliamentary party leader of the party which has the +highest number of members in the House of Representatives. +(4) The Prime Minister appointed under clause (2) or (3) sha ll obtain +a vote of confidence from the House of Representatives no later than thirty +days after the date of such appointment. +(5) In cases where the Prime Minister appointed under clause (3) +fails to obtain a vote of confidence under clause (4) and any me mber under +clause (2) presents a ground on which he or she can obtain a vote of confidence +in the House of Representatives, the President shall appoint such member as +the Prime Minister. +(6) The Prime Minister appointed under clause (5) must obtain a +vote of confidence under clause (4). +(7) In cases where the Prime Minister appointed under clause (5) +fails to obtain a vote of confidence or the Prime Minister cannot be appointed, +the President shall, on recommendation of the Prime Minister, dissolve the +Hous e of Representatives and appoint a date of election so that the election to +another House of Representatives is completed within six months. +(8) Procedures on the appointment of the Prime Minister under this +Article must be completed no later than thirty five days after the date of +declaration of the final results of election to the House of Representatives held +under this Constitution or the date on which the office of the Prime Minister +has fallen vacant. +56 + (9) The President shall, on recommendation of the Prime Minister, +constitute the Cou ncil of Ministers comprising a maximum of twenty five +Ministers including the Prime Minister, in accordan ce with the inclusive +principle , from amongst the members of the Federal Parliament. +Explanation : For the purposes o f this Article, "Minister" means a Deputy +Prime Minister, Minister, Minister of State and Assistant Minister. +(10) The Prime Minister and Ministers shall be collectively +responsible to the Federal Parliament, and the Ministers shall be individually +respo nsible for the work of their respective Ministries to the Prime Minister +and the Federal Parliament. +77. Vacation of o ffice of Prime Minister and Minister : (1) The office of the Prime +Minister shall be vacant in any of the following circumstances: +(a) if he or she tenders resignation in writing to the President, +(b) if a vote of confidence is not passed or a vote of no -confidence is +passed against him or her under Article 100 , +(c) if he or she ceases to be a member of the House of +Representatives, +(d) if he or she dies. +(2) The office of a Minister shall be vacant in any of the following +circumstances: +(a) if he or she tenders resignation in writing to the Prime Minister, +(b) if the Prime Minister removes him or her from office, +(c) if the office of Prim e Ministe r falls vacant under sub -clause (a), +(b) or (c) of clause (1), +(d) if he or she dies. +57 + (3) If the office of Prime Minister falls vacant under clause (1), the +same Council of Ministers shall continue to act until another Council of +Ministers is cons tituted. +Provided that if the Prime Minister dies, the senior -most Minister shall +act as the Prime Minister until a new Prime Minister is appointed. +78. Non-member of Federal Parliament to be Minister : (1) Notwithstanding +anything contained in clause (9) of Artic le 76, the President may, on +recommendation of the Prime Minister, appoint a person who is not a member +of the Federal Parliament as a Minister +(2) A Minister appointed under clause (1) must obtain membership +of the Federal Parliament within six mo nths from the date of taking oath by +him or her. +(3) In the event of failure to obtain membership of the Federal +Parliament within the period mentioned in clause (2), he or she shall not be +qualified to be reappointed to the office of Minister during the term of the then +House of Representatives. +(4) Notwithstanding anything contained in clause (1), a person who +has been defeated in the election to the then House of Representatives shall not +be qualified to be appointed to the office of Minister during the term of such +House of Representatives. +79. Remuneration and other f acilities of Prime Minister and Ministers : The +remuneration and other facilities of the Prime Minister and Ministers shall be +as provided for in the Federal Act, and shall be as specified by the Government +of Nepal until such Act is made . +80. Oath : The Prime Minister, Deputy Prime Minister and Ministers shall take an +oath of office and secrecy before the President, and Ministers of State and +58 + Assistant Ministe rs, before the Prime Minister, as provided for in the Federal +law, prior to assuming their respective offices. +81. To inform President : The Prime Minister shall inform the President about the +following matters: +(a) resolutions of the Council of Ministers, +(b) Bills to be introduced in the Federal Parliament , +(c) such other necessary information as commanded by the President +on matters set forth in clauses (a) and (b), and +(d) current general state of affairs of the country and matters +concerning foreign relations. +82. Transaction of b usiness of Government of Nepal : (1) The business of the +Government of Nepal shall be allocated and transacted in accordance with the +rules approved by the Government of Nepal. +(2) No question may be raised in any court as to whether or not the +rules under clause (1) have been observed. + +59 + Part-8 +Federal Legislature +83. Federal Legislature : There shall be a Federal Legislature consisting of two +Houses to be known as the House of Representatives and t he National +Assembly , which shall be called as the Federal Parliament. +84. Composition of House of Representatives : (1) The House of Representatives +shall consist of a total of two hundred and seventy five members, as follows: +(a) One hundred and sixty fiv e members to be elected through the +first past the post electoral system, with one being elected from +each election constituency of one hundred and sixty five election +constituencies delimited in the country on the basis of geography +and population, +(b) One hundred and ten members to be elected through the +proportional electoral system where voters vote for political +parties , with the whole country being considered as a single +election constituency. +(2) The Federal law shall provide that, in fielding cand idacy by +political parties for the election to the House of Representatives under the +proportional electoral system, representation shall be ensured on the basis of a +closed list also from women, Dalit , indigenous peoples, Khas Arya , Madhesi , +Tharu , Muslim s and backward regions, on the basis of popul ation. In so +fielding candidacy , regard shall also be had to geography and territorial +balance. +Explanation : For the purpose s of this clause, "Khas Arya " means Kshetri, +Brahmin , Thakuri , Sanyasi (Dashnami) commu nity. +(3) In fielding candidacy under clause (2), political parties shall +provide for representation of the persons with disabilities as well. +60 + (4) Election to the House of Representatives under clause (1) shall +be held through secret ballots in accorda nce with law. +(5) Each citizen of Nepal who has completed the age of eighteen +years shall have the right to vote in any one election constituency as provided +for in the Federal law. +(6) A person who is qualified under Article 87 and entitled to vote in +an election to the members of the House of Representatives may, subject to the +Federal law , be a candidate in any election constituency. +Provided that a person shall not be a candidate in more than one election +constituencies at the same time. +(7) If the seat of any member of the House of Representatives falls +vacant while its term still remains for more than six months, the vacancy shall +be filled in the same manner of electoral system as in which such seat was +filled in. +(8) Notwithstanding anything containe d elsewhere in this Part, at +least one third of the total number of members elected from each political party +representing in the Federal Parliament must be women. If women are not so +elected as to constitute one third of the elected members of any politic al party +under sub -clause (a) of clause (1) and sub -clause (a) of c lause (2) of Article 86, +such political party must, in electing members under sub -clause (b) of clause +(1), so elect that women members constitute at least one third of the total +number of members elected to the Federal Parliament from that party. +(9) Election to the House of Representatives and other matters +pertaining thereto shall be as provided for in the Federal law. +85. Term of House of Representatives : (1) Unless dissolved earlier pursuant to this +Constitution, the term of the House of Representatives shall be five years. +61 + (2) Notwithstanding anything contained in clause (1), the term of the +House of Representatives may be extended by a Federal Act for a period not +exceeding one year in cases where a proclamation or order of a state of +emergency is in effect. +(3) The term of the House of Representatives extended under clause +(2) shall ipso facto expire upon the expiry of six months from the date of +voidance of the p roclamation or order of the state of emergency. +86. Compos ition of National Assembly and term of o ffice of its m embers : (1) The +National Assembly shall be a permanent House. +(2) The National Assembly shall consist of fifty nine members as +follows: +(a) fifty six elected members consisting of at least three women, one +Dalit and one from person s with disabilities or minorities, from +each State by an electoral college composed of members of the +State Assembly, chairpersons and vice -chairpersons of the +Village Bodies , and Mayors and Deputy -Mayors of the +Municipal ities, with different weightage of vote by members of +the State Assembly, chairpersons and vice -chairpersons of the +Village Bodies , and Mayors and Deputy -Mayors of the +Municipal ities, as provided for in the Federal law, +(b) Three members consisting of at least one woman nominated by +the President on recommendation of the Government of Nepal. +(3) The term of office of the members of the National Assembly +shall be six years. The term of office of one third of the members of the +National Assembly shall expire in every two years. +Provided that, for the first time, after the commencement of this +Constitution, arrangements shall be made by drawing lots to retire one -third of +62 + the members on the expiry of two yea rs, another one -third on the expiry of four +years, and the final one -third on the expiry of six years . +(4) In computing the term of office of the members of the National +Assembly for the first time after the commencement of this Constitution, the +term of office of all members shall be deemed to have commenced on the day +on which the first session of the National Assembly is held. +(5) Any vacancy of seat in the National Assembly shall be filled for +the remainder of the term of office in the same manner of el ection or +nomination as in which the seat of the vacating member was filled. +(6) Other matters relating to election to the members of the National +Assembly shall be as provided for in the Federal law. +87. Qualification for m ember : (1) A person who has the following qualification +shall be qualified to become a member of the Federal Parliament: +(a) being a citizen of Nepal, +(b) having completed the age of twenty five years , for the House of +Representatives , and the age of thirty five years , for the National +Assembly, +(c) not having been convicted of a criminal offense involving moral +turpitude, +(d) not being disqualified by any Federal law, and +(e) not holding any office of profit. +Explanation : For the purposes o f this clause, "office of profi t" mean s any +position, other than a political position which is to be filled by election or +nomination, for which a remuneration or economic benefit is paid out of a +government fund. +(2) No person may be a member of both Houses at the same time. +63 + (3) If a p erson who holds a political office to be filled by way of +election, nomination or appointment is elected or nominated as a member of +the Federal Parliament under this Part, his or her such office shall ipso facto be +vacant from the day on which he or she t akes an oath of office of member of +the Federal Parliament. +88. Oath : Every me mber of each House of the Federal Parliament must , before +taking part for the first time in the session of the House or any of its +committees, t ake an oath as provided for in the Federal law. +89. Vacation of s eat: The seat of a member of the Federal Parliament shall become +vacant in any of the following circumstances: +(a) if he or she tenders resignation in writing before the Speaker or +Chairperson, +(b) if he or she is no longer qualified or ceases to possess the +qualification under Article 87, +(c) if the term of the House of Representatives or the term of office +of the member of the National Assembly expires, +(d) if he or she absents himself or herself fro m ten consecutive +meetings, without giving notice to the concerned House, +(e) if the political party of which he or she was a member when +elected provides a notification in accordance with the Federal law +that he or she has defected from the party, +(f) if he or she dies. +90. Decision as to disqualification of m ember : If a question arises as to whether +any member of the Federal Parliament is disqualified or has become +disqualified under Article 87, the Constitutional Bench of the Supreme Court +shall finally decide that question . +64 + 91. Speaker and Deputy Speaker of House of Representatives : (1) The members of +the House of Representatives shall, not later than fifteen days of the date of +holding of the first meeting of the House of Representatives , elect a Speaker +and a Deputy Speaker from amongst themselves . +(2) Election under clause (1) shall be so held that there is one woman +out of the Speaker and the Deputy Speaker, and the Speaker and the Deputy +Speaker of the House of Representatives shall be repres entatives from different +parties. +Provided that if there is no representation of more than one party in the +House of Representatives or no candidacy is filed by more than one party in +spite of representation, nothing shall prevent the members of the same p arty +from being the Speaker and the Deputy Speaker of the House of +Representatives. +(3) If the office of the Speaker or the Deputy Speaker falls vacant, +the members of the House of Representatives shall fill the vacancy by electing +the Speaker or Deputy Speaker from amongst themselves . +(4) The Deputy Speaker shall, in the absence of the Speaker , chair +the House of Representatives . +(5) If election to the Speaker and the Deputy Speaker is not held or if +both the positions become vacant, the attending member who is by age the +senior -most shall chair the meeting of the House of Representatives . +(6) The office of the Speaker o r Deputy Speaker of the House of +Representatives shall become vacant in any of the following circumstances: +(a) if he or she ceases to be a member of the House of +Representatives, +Provided that, in the event of dissolution of the House of +Representatives , the Speaker and the Deputy Speaker of the +65 + House of Representatives holding their respective offices shall +continue in off ice until the previous day of the filing of +nominations for another election to the House of Representatives, +(b) if he or she tenders resignation in writing, +(c) if a resolution is passed by a majority of two -thirds of the total +number of the then member s of the House of Representatives that +his or her conduct is not compatible with his or her office. +(7) The Deputy Speaker shall chair a meeting at which deliberations +are to be held on a resolution that the conduct of the Speaker of the House of +Represent atives is not compatible with his or her office. The Speaker of the +House of Representatives may take part and vo te in the deliberations on such +resolution. +92. Chairperson and Vice -Chairperson of National Assembly : (1) The members of +the National Assembly shall, not later than fifteen days of the date of holding +of its first meeting , elect the Chairperson and the Vice -Chairperson of the +National Assembly from amongst themselves. +(2) Election under clause (1) shall b e so held that there is one woman +out of the Chairperson and the Vice -Chairp erson of the National Assembly. +(3) If the o ffice of the Chairperson or Vice -Chairperson of the +National Assembly falls vacant, the members of the National Assembly shall +fill the vacancy by electing its Chairperson or Vice -Chairperson from amongst +themselves. +(4) The Vice -Chairperson of the National Assembly shall, in the +absence of its Chairperson , chair the Nation al Assembly . +(5) If the election to the Chairperson and the Vice -Chairperson of the +National Assembly is not held or if both the positions become s vacant, the +66 + member who is by age the senior -most out of the attending members shall +chair the meeting of the National Assembly . +(6) The office of the Chairperson or Vice -Chairperson of the +National Assembly shall become vacant in any of the following circumstances: +(a) if he or she ceases to be a member of the National Assembly , +(b) if he or she tenders resignati on in writing, +(c) if a resolution is passed by a majority of two -thirds of the total +number of the then members of the National Assembly that his or +her conduct is not compatible with his or her office. +(7) The Vice -Chairperson of the National Assembly shall chair a +meeting at which deliberations are to be held on a reso lution that the conduct +of the Chairperson of the National Assembly is not compatible with his or her +office. The Chairperson of the National Assembly may take part and vot e in +the deliber ations on such resolution. +93. Summoning and p rorogation of s ession : (1) The President shall summon a +session of the Federal Parliament within thirty days of the declaration of final +results of the election to the House of Representatives . Thereafter, the +President shall , from time to time, summon sessions of both or either of the +Houses pursuant to this Constitution. +Provided that the interval between the two consecutive sessions shall +not exceed six months. +(2) The President may prorogue the session s of both or either of the +Houses of the Federal Parliament . +(3) If, during the prorogation or recess of the session of the House of +Representatives , one -fourth of the total number of its members write a petition +that it is desirable to convene a session or meet ing, the President shall specify +67 + the date and time for such session or meeting. The House of Representatives +shall meet or commence its session at the date and time so specified. +94. Quorum : Except as otherwise provided in this Constitution, no question or +resolution shall be presented for decis ion in a meeting of either House of the +Federal Parliament unless one -fourth of the total number of its members are +present. +95. Address by President : (1) The President may address either a meeting of any +House or a joint sitting of both Houses of the Federal Parliament , and summon +the members for that purpose. +(2) The President shall ad dress the first session after election to the +House of Representatives and a joint sitting of both Houses of the Federal +Parliament after the commencement of the first session of each year. +96. Deputy Prime Minister, Minister, Minister o f State and Assistant Minister +entitled to take part in b oth Houses : The Deputy Prime Minister, Minister , +Minister of State and Assistant Minister shall be entitled to attend and take part +in the proceedings and deliberations of either House of the Federal Parliament +or its committees. +Provided that he or she shall not be entitled to vote in a House or its +committee of which he or she is not a membe r. +97. Formation of c ommittees : (1) The House of Representatives and the National +Assembly may for m committees as provided for in the Federal law. +(2) If a resolution is passed by either House demanding that a joint +committee of both the Houses be formed f or the purpose of managing the +working procedures between the two Houses of the Federal Parliament, +resolving disagreement on any Bill or for any other specified function, the joint +committee shall be formed. The joint committee shall consist of a maximum of +68 + twenty five members in the ratio of five members from the House of +Representatives to one member from the National Asse mbly . +98. Transaction of b usiness in case of vacancy in seat of m ember : Either House of +the Federal Parliament shall have the power to transact its business +notwithstanding any vacancy in the seat of its member. No proceedings of +either House of the Fede ral Parliament shall become invalid even if it is +subsequently discovered that a person who was not so entitled took part in such +proceedings. +99. Voting : Except as otherwise provided in this Constitution, any motions +submitted for decision in either House o f the Federal Parliament shall be +decided by a majority vote of the mem bers present and voting. The member +chairing the meeting shall not have the right to vote. +Provided that he or she may cast vote in the case of a tie. +100. Provisions r elating to vote o f confidence and motion of no-confidence : (1) The +Prime Minister may, whenever he or she considers necessary or appropriate to +show that he or she has confidence from the House of Representatives , table a +motion to that effect in the House of Representatives for the vote of +confidence . +(2) If the political party which the Prime Minister represents is +divided or a political party in coalition government withdraws its support, the +Prime Minister shall table a motion in the House of Representatives for a vote +of confidence within thirty days. +(3) If a motion tabled under clauses (1) and (2) is not passed by a +majority of the total number of the then members of the House of +Representatives, the Prime Minister shall rel ieve of his or her office. +69 + (4) One-fourth of the total number of the then members of the House +of Representatives may table a motion of no-confidence in writing that the +House has no confidence in the Prime Minister. +Provided th at a motion of no confidence shall not be tabled until the first +two years after the appointment of the Prime Minister and until another one +year after the date of failure of the motion of no confidence once tabled. +(5) A motion of no confidence to be tabled under clause (4) shall +also indicate the name of a member propose d for the Prime Minister . +(6) If a motion of no confidence tabled under clause (4) is passed by +a majority of the total number of the then members of the House of +Representatives, the Prime Minister shall relieve of his or her office. +(7) If the office of Prime Minister falls vacant because of the passage +of a motion of no confidence under clause (6), the President shall , in +accordance with Article 76, appoint as the Prime Minister the member of the +House of Represent atives proposed under clause (5). +101. Impeachment : (1) One fourth of the total number of the then members of the +House of Representatives may move a motion of impeachment against the +President or Vice -President on the ground of serious violation of this +Constitution and the Federal law. If the motion is passed by at least two thirds +majority of th e total number of the then members of both Houses of the Federal +Parliament, he or she shall relive of his or her office. +(2) One fourth of the total number of the then members of the House +of Representatives may move a motion of impeachment against the Ch ief +Justice of Nepal or a Judge of the Supr eme Court , member of the Judicial +Council, chief or official of a Constitutional Body on the ground of his or her +failure to fulfil his or her duties of office because of serious violation of this +Constitution and law, incompetence or misconduct or failure to discharge the +70 + duties of office honestly or serious violation of the code of conduct . If the +motion is passed by at least two thirds majority of the total number of the then +members of the House of Representati ves, the concerned person shall reli eve +of his or her office. +(3) There shall be an impeachment recommendation committee in +the House of Representatives for the purpose of making recommendation after +inquiring into whether there exist the ground and reason for moving a motion +of impeachment against a ny person under clause (2). +(4) The committee under clause (3) shall consist of eleven members +of the House of Representatives. +(5) If at least three members of the House of Representatives certi fy +and submit a petition that the received information, notice or petition is +admissible on the ground of serious violation of the Constitution or +incompetence or misconduct or failure to discharge the duties of office +honestly or serious violation of the code of conduct by the person relieving of +office on impeachment under clause (2) , and the committee under cla use (3), +upon inquiring into such petition in accordance with Federal law, make s +recommendation to the House of Representatives for impeachment +proceedings , a mot ion of impeachment under clause (2) may be moved . +(6) After the commencement of impeachment proceedings under +clause (2) , the Chief Justice of Nepal or Judge of the Supreme Court , member +of the Judicial Council, chief or official of the Constitutional Body shall not be +allowed to discharge the duties of his or her office pending the settlement of +such proceedings. +(7) A person who is charged with impeachment under clause (1) or +(2) shall be provided with a reasonable opportunity to defend himself or +herself . +71 + (8) Nothing shall bar the taking of action under the Federal law in +relation to the offence, if any, committed while in office by the President or +Vice -President, Chief Justice of Nepal or a Judge of the Supreme Court of +Nepal , member of the Judicial Cou ncil, chief or official of a Constitutional +Body who is relieved of office upon the passage of a motion of impeachment +under this Article. +(9) A person who is relieved of office on the passage of a motion of +impeachment under clause (1) or (2) shall not be entitled to obtain any facility +accruing from such office and to be appointed or nominated to any public +office in the future. +(10) Other matters relating to impeachment shall be as provided for in +the Federal law. +102. Penalty for unauthorized presence or voting : If a person who has not taken oath +under Article 88 or who is not a member of the Federal Parliament is present or +votes in the capacity of member in a meeting of either House of the Federal +Parliament or of its committee , the person shall, by o rder of the person chairing +the meeting, be fined with a sum of five thousand rupees for each instance of +such presence or voting, and such fine shall be recovered as a government due. +103. Privileges : (1) There shall be full freedom of speech in both Houses of the +Federal Parliament; and no member shall be arrested, detained or prosecuted in +any court for anything expressed or any vote cast by him or her in the House. +(2) Each House of t he Federal Parliamen t shall , subject to this +Constitution, have full power to regulate and decide its internal business , and +the concerned House shall have the exclusive right to decide whether or not +any of its proceedings is regular or irregular. No question shall be ra ised in any +court in this behalf . +72 + (3) No comment shall be made about the good faith concerning any +proceeding of any House of the Federal Parliament, and no publication and +broadcasting of any kind shall be made about anything said by any member, +intentionally distorting or misinterpreting the meaning of the speech. +(4) The provisions of clauses (1) and (3) shall also apply to other +persons who are entitled to participate in the meetings of the House than the +members of the Federal Parliament. +(5) No proceedin gs shall be initiated in any court against any person +in respect of the publication , under the authority granted by any House of the +Federal Parliament , of any document, report, vote or proceeding. +Explanation : For the purposes of clauses (1), (2), (3) and (4), " House " mean s +the House of Representatives or the National Assembly, and include s a joint +sitting or committee or joint committee of the Federal Parliament . +(6) No member of the Federal Parliament shall be arrested during the +period from the issuance of a notice summoning the session to its prorogation. +Provided that nothing in this clause shall be deemed to bar the arrest ing +under the Federal law of any member on a criminal charge. If any member is +so arrested, the authority making s uch arrest shall forthwith give information +thereof to the person presiding over the concerned House . +(7) Any breach of the privilege s shall be deemed to constitute +contempt of the Federal Parliament, and the concerned House shall have the +exclusive right to decide whether any privilege has been breached. +(8) If any person is in contempt of any House , the person presiding +over the concerned House may, after a decision by the House to that effect, +admonish, warn or impose a sentence of imprisonment for a ter m not +exceeding three months or of a fine not exceeding ten thousand rupees on such +person, and such fine shall be recovered as a government due . +73 + Provided that if such person apologies to the satisfaction of the +concerned House , it may pardon , remit or commute the sentence imposed on , +him or her. +(9) Other matters relating to the privileges of the Federal Parliament +shall be as provided for in the Federal law. +104. Procedures relating to conduct of b usiness : (1) Each House of the Federal +Parlia ment shall frame rules to conduct its business, maintain order du ring its +meetings and regulate the constitution, functions and procedures of the +committees and procedures of the House or its committee. Until such rules are +framed, the Federal Parliament shall regulate its procedures on its own. +(2) The conduct of business of the joint sitting of the Federal +Parliament , and constitution and proceedings of the joint committee of the +Federal Parliament shall be regulated by the rules or procedures approved by +the joint sitting of both Houses of the Federal Parliament. +105. Restriction on d iscussion : No discussion shall be held in either House of the +Federal Parliament on any matters that may cause adverse effect on the +dispensation of justice on any cases which are sub judice in any courts of +Nepal and on any judicial acts done by Judges in the course of performance of +their duties. +Provided that nothing in this Articl e shall be deemed to bar the +expression of opinions about the conduct of a Judge during deliberations held +on a motion of impeachment. +106. Secretary General and Secretary of Federal Parliament : (1) The President shall +appoint the Secretary General of the House of Representatives on +recommendation of both the Speaker of the House of Representatives and the +Chairperson of the National Assembly, the Secretary of the House of +74 + Representatives on recommendation of the Speaker , and the Secretary of the +National A ssembly on recommendation of the Chairperson . +(2) The qualification, functions, duties, powers and other conditions +of service of the Secretary General of the Federal Parliament, Secretary of the +House of Representatives and Secretary of the National Assem bly shall be as +provided for in the Federal law. +107. Secretariat of Federal Parliament : There shall be a Secretariat for conducting +and managing the business of the Federal Parliament. The establishment of +such Secretariat and other matters related thereto shall be as provided for in the +Federal law. +108. Remuneration : The remuneration and facilities of the Speaker and the Deputy +Speaker of the House of Representatives, the Chairperson and the Vice - +Chairperson o f the National Assembly , chairpersons of the committees and +members of the Federal Parliament shall be as provided for in the Federal law, +and as specified by the Government of Nepal until such law is made. + +75 + Part-9 +Federal Legislative Procedures +109. Legislative p owers of Federal Parliament : The legislative powers of the +Federal Parliament shall be as enumerated in the lists of Schedule -5, Schedule - +7 and Schedule -9. +110. Procedures for introduction of Bills : (1) A Bill may, subject to this +Constitution, be introduced in any House of the Federal Parliament. +Provided that a Money Bill shall be introduced only in the House of +Representatives . +(2) A Money Bill and a Bill concerning a security body including the +Nepal Army, Nepal Police and Armed Polic e Force , Nepal shall be introduced +only as a Government Bill. +(3) "Money Bill" mean s a Bill concerning any or all of the following +subjects: +(a) the imposition, collection, abolition, remission, al teration +or regulation of taxes, +(b) the preservation of the Federal Consolidated Fund or any +other Federal 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 propos ed expenditures +from such Funds, +(c) the regulation of matters relating to the borrowing of +money or the giving of guarantee by the Government of +Nepal, or any matter pertaining to the amendment of the +76 + law with respect to any fin ancial obligations undertaken or +to be undert aken by the Government of Nepal, +(d) the custody and investment of all revenues received by +any Federal Government Fund, moneys acquired through +the repayment of loans, and grant moneys, or accounts or +audits of the acco unts of the Government of Nepal, or +(e) Other matters directly related to any of the subj ects +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 lev ying of any charges and fees +such as license fee, application fee, renewal fee or for the imposition of +fines or penalty of imprisonment. +(4) If any question arises whether a Bill is a Money Bill or not, the +decision of the Speaker thereon shall be final. +111. Procedures for p assage of Bills : (1) A Bill passed by one House of the Federal +Parliament shall be transmitted to the other Hous e as soon as possible and such +Bill, if passed by the receiving House, shall be presented to the President for +assent . +(2) A Money Bill passed by the House of Representatives shall be +transmitted to the National Assembly. The National Assembly shall , after +deliberations on such Bill, send back the Bill to the House of Representatives +within fifteen days from the date of recei pt of the Bill, with suggestion s, if any. +(3) The House of Representatives shall, upon deliberations on a Bill +returned with suggestion s under clause (2), present the Bill incorporating such +sugges tions as it may deem appropriate to the President for asse nt. +77 + (4) If the National Assembly does not return a Money Bill received +under clause (2) for more than fifteen days, the House of Representatives may +present the Bill to the President for assent. +(5) Any Bill, except for a Money Bill, passed by the House of +Representatives and transmitted to the National Assembly shall be returned +with approval or suggestions within two months from the date of receipt. If the +National Assembly does not return the Bill within that period, the House of +Representatives may, by a resolution passed by a majority of the total number +of its existing members, present the Bill to the President for assent. +(6) If any Bill , other than a Money Bill, passed by one House is +rejected or is passed with amendments by the other House, the Bill shall be +returned to the House where it originated. +(7) If the House of Representatives , in considering a Bill which has +been rejected or amended by the National Ass embly under clause (6), passes it +again as it was or with amendments, by a majority of the total number of its +existing members, the Bill shall be presented to the President for assent. +(8) If a Bill which has been returned with amendments by the House +of Representatives to the National Assembly under clause (6) is also again +passed, with such amendments, by a majority of the number of existing +members of the National Assembly, the Bill shall be presented to the President +for assent . +(9) The following Bills shall be referred to a joint sitting of the both +Houses , and if the joint sitting passes the Bill as it was or with amendments, +the House in which the Bill originated shall present it to the President for +assent: +(a) Bills which, though passed by the National Assembly , +have been rejected by the House of Representatives, or +78 + (b) Bills which have been returned to the National Assembly +with amendments by the House of Representatives , but the +National Assembly has not agreed on such amendments. +(10) Even though the session of a House is prorogued while a Bill is +under its consideration, deliberations on the Bill may continue at the +succeeding session. +Provided that if the House of Representatives is dissolved or its term +expires when any Bill introduced in the House of Representatives is under its +consideration or when any Bill passed by the House of Representatives is +under consideration in the National Assembly , such Bill shall lapse . +112. Withdrawal of Bills : One who has introduced a Bill may, with the approval of +the House, withdraw the Bill. +113. Assent on Bills : (1) A Bill which is to be submitted to the President for assent +under Article 11 1 shall be so submitt ed by the Speaker or the Chairperson of +the House in which the Bill originated after it has been certified by him or her. +Provided that in the case of a Money Bill, the Speaker shall so certify. +(2) A Bi ll submit ted to the President for his or her assent in +accordance with this Article shall be assented to within fifteen days , both +Houses shall be informed thereof as soon as possible. +(3) If the President is of the opinion that any Bill , except a Money +Bill, submitted for assent needs reconsideration , he or she may , within fifty +days from the date of presentation of such Bill, return the Bill with his or her +message to the House in which the Bill originated. +(4) If any Bill is returned with a message by the President , and both +Houses reconsider , passes such Bill as it was or with amendments and submit it +again, the President shall give assent to that Bill within fifteen days of such +submission . +79 + (5) A Bill shall become an Act after the Pr esident gives assent to it . +114. Provisions r elating to Ordinance : (1) If, at any time, except when both Houses +of the Federal Parliament are in session, circumstances exist which render it +necessary to take immediate ac tion, the President may, on recommendation of +the Coun cil of Ministers, promulgate an Ordinance. +(2) An Ordinance promulgated under 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 both Houses of the Federal +Parliament held after the promulgation, and if not passed +by both Houses, it shall ipso facto cease to be effective, +(b) may be repeal ed at any time by the President, and +(c) 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 both Houses is held. +Explanation : For the purposes of this clause, "day on which a meeting +of both Houses is held" mean s the day on which a session or meeting of +both Houses of the Federal Parliament commences or is held , and this +term means the later day on which a meeting of the House is held if the +Houses of the Federal Parliament meet on different dates. + +80 + Part-10 +Federal Financial Procedure s +115. No tax to be levied or loan to be raised : (1) No tax shall be levied and +collected except in accordance with law. +(2) No loan shall be raised and guarantee given by the Government +of Nepal except as provided for in the Federal law. +116. Federal Consolidated Fund : Except for the revenues of trusts ( Guthi ), all +revenues received by the Government of Nepal, all loans raised on the security +of reven ues, all amount s received in repayment of any loans made under the +authority of any Act and any other moneys received by the Government of +Nepal shall , except as otherwise provided by a Federal Act, be credited to a +Government Fund to be known as the Federal Consolidated Fund. +117. Expenditures from Consolidated Fund or Government Fund : No expenditure +shall be incurred out of the Federal Consolidated Fund or any other Federal +Government Fu nd except the following: +(a) moneys charged on the Federal Consolidated Fund, +(b) moneys required to meet the expenditure under a Federal +Appropriation Act, +(c) advance moneys authorized by a Federal Act required to meet +expenditures, when an Appropriat ion Bill is under consideration, +or +(d) expenditures to be incurred in extraordinary circumstances under +a Federal V ote of Credit Act which contains only a description of +expenditures. +Provided that matters relating to the Federal Contingency Fund shall be +governed by Article 124 . +81 + 118. Expenditures c hargeable on Federal Consolidated Fund : The expenditures +relating to the following matters shall be charged on the Federal Consolidated +Fund, and approval of the Federal Parliament shall not be required for such +expenditures: +(a) the amount required as remuneration and facilities of the +President and the Vice -president, +(b) the amount required as remuneration and facilities payable to the +Chief Justice of Nepal, Judges o f the Su prem e Court, and +members of the Judicial Council, +(c) the amount required as remuneratio n and facilities payable to the +Speaker and the Deputy Speaker of the House of +Representatives, and the Chairperson and the Vice Chairperson +of the National Ass embly, +(d) the amount required as remuneration and facilities payable to the +chiefs and officials of the Constitutional Bodies, +(e) the amount required as remuneration and facilities of the Chiefs +of States, +(f) the administrative expenses of the Office of the President or the +Vice President, the Supreme Court, the Judicial Counci l, the +Constitutional Bodies, and the offices of Chiefs of States, +(g) all charges relating to debts for which th e Government of Nepal +is liable, +(h) any sum required to satisfy any judgment or decree made by a +court against the Government of Nepal, and +(i) any other sum to be chargeable by the Federal law on the Federal +Consolidated Fund. +82 + 119. Estimates of revenues and expenditures : (1) The Minister for F inance of the +Government of Nepal shall, in respect of every financial year, lay before the +joint sitting of both Houses of the Federal Parliament an annual estimate +setting out , inter alia , the following matters: +(a) an estimate of revenues, +(b) the money s required to meet the charges on the Federal +Consolidated Fund, and +(c) the moneys required to meet the expe nditure to be provided for +by a Federal Appropriation Act. +(2) The annual estimate to be laid pursuant to clause (1) shall also be +accompanied by a statement of the expenses allocated to every Ministry in the +previous financial year and particulars of whether the objectives of the +expenses have been achieved. +(3) The Minister for Finance of the Government of Nepal shall lay +before the Federal Parliament an estimate of revenues and expenditures under +clause (1) on the 15th day of Jesta (mid May) each year. +120. Appropriation Act : The moneys to be spent under an Appropriation Act shall +be specified under concerned heads in an Appropriation Bill . +121. Supplementary e stimates : (1) The Minister for Finance of the Government of +Nepal may lay before the House of Representatives a supplementary estimate +if it is found in any financial year, - +(a) that the sum authorized to be spent for a particular service by the +Appropriation Act for the current financial year is insufficient, or +that a nee d has arisen for expenditures on some new service not +provided for by the Appropriation Act for that year, or +83 + (b) that the expenditures made during that financial year are in +excess of the amount authorized by the Appropriation Act. +(2) The sums include d in the supplementary estimate shall be +specified under the related heads in a Supplementary Appropriation Bill. +122. V otes on a ccount : (1) Notwithstanding anything contained elsewhere in this +Part, a portion of the expenditure estimated for the financial year may, when an +Appropriation Bill is under consideration, be incurred in advanc e, as provided +for in the Federal Act. +(2) A V ote on Accou nt Bill shall not be introduced until the estimates +of revenues and expenditures have been laid in ac cordance with Article 119 , +and the sums involved in the V ote on Account shall not exceed one -third of the +estimate of expenditures for the financial year. +(3) The expenditures incurred in accordance with the Federal V ote +on Account Act shall be included in the Appropriation Bill. +123. V otes of c redit: Notwithstanding anything contained elsew here in this Part, if +owing to an emergency due to either natural ca uses or a threat of external +aggression or internal disturbances or other reasons, it appears to be +impractical or inexpedient in view of the security or interest of the country to +specify the d etails required under Article 119 , the Minister for Finance of the +Government of Nepal may lay before the House of Representatives a V ote of +Credit Bill giving only a statement of expenditures. +124. Federal contingency f und: (1) A Federal Act may create a fund to be known as +the contingency f und into which such moneys as may be determined by the +Federal Act shall be paid from time to time . +(2) The Government of Nepal shall control the f und under clause (1) , +and may meet any unforeseen expenditure out of such f und. +84 + (3) The amount of the expen diture under clause (2) shall be +reimbursed as soon as possible as provided for in the Federal Act. +125. Act relating to financial p rocedures : Matters relating to the transfer of moneys +appropriated by the Federal Act from one head to another and other fin ancial +procedures shall be as provided for in the Federal Act. + +85 + Part-11 +Judiciary +126. Courts to exercise powers relating to j ustice : (1) Powers relating to justice in +Nepal shall be exercised by courts and other judicial bodies in ac cordance with +this Constitution, other laws and the recognized principles of justice. +(2) All shall abide by the orders or decisions made in the cour se of +trial of lawsuits by the c ourts. +127. Courts : (1) There shall be the following c ourts in Nepal: +(a) Supreme Court, +(b) High Court, and +(c) District Court. +(2) In addition t o the c ourts under clause (1), judicial bodies may be +formed at the Local level to tr y cases under law or other bodies as required +may be formed to pursue alternative dispute settlement methods. +128. Supreme Court : (1) There shall be a Supreme Court in Nepal. +(2) The Supreme Court shall be a court of record. All courts and +judicial bodies shall, except as otherwise provided in this Constitution, be +under the Supreme Court. The Supreme Court shall have the final authority to +interpret this Constitution and laws. +(3) The Supreme Court may inspect, supervise an d give necessary +directives to, it and courts, specialized courts or other judicial bodies under its +jurisdiction, in relation to matters relating to judicial administration or +management. +(4) All must abide by any interpretation of the Constitution or a law +made by or any legal principle laid down by the Supreme Court in the course +of trying a lawsuit. If anyone makes obstruction in the dispensation of justice +86 + by, or disregard any order or judgment handed down by, it or any of its +subordinate courts, the Supreme Court may , in accordance with law, initiate +proceedings and impose punishment for contempt . +129. Appointment and q ualification of Chief Justice of Nepal and Judges of +Supreme Court : (1) The Supreme Court shall consist of a maximum of twenty +Judges, in addition to the Chief Justice of Nepal. +(2) The President shall appoint the Chief Justice, on recommendation +of the Constitutional Council, and other Judges of the Supreme Court, on +recommendation of the Judicial Council. +(3) Any person who has served as a Judge of the Supreme Court for +at least three years shall be qualified for appointment as the Chief Justice. +(4) The term of of fice of the Chief Justice shall be six years . +(5) Any citizen of Nepal who has obtained a bachelor 's degree in law +and served as the Chief Judge or a Judge of a High Court for at least five years +or who has obtained a bachelor 's degree in law and constantly practiced law as +a senior advocate or advocate for at least fifteen years or who is a distinguished +jurist having constantly worked for at least fifteen years in the judicial or legal +field or who has served in the post of Gazetted first class or a higher post of the +Judicial Service for at least twelve years shall be deemed qualified for +appointment as a Judge of the Supreme Court. +Explanation : The period during which one has served as the Chief Judge or +Judge of an Appellate Court prior to the commencement of this Constitution +shall, for the purposes of this clause, be deemed to be the period of service in +the capacity of the Chief Judge or Judge of the High Court. +(6) If the office of the Chief Justice falls vacant or the Chief Justice +is unable to carry out the duties of his or her office by reason of illness or +otherwise or he or she cannot be present in the Supreme Court by reason of a +87 + leave of absence or his or her bei ng outside of Nepal, the senior -most Judge of +the Supreme Court shall act as the Acting Chief Justice. +130. Conditions of service and f acilities of Chief Justice and Judge s: (1) If the Chief +Justice or a Judge of the Supreme Court who has served for at lea st five years +resigns or undergoes compulsory retirement or dies, he or she shall be entitled +to suc h pension as may be provided for in the Federal law. +(2) Except as otherwise provided in this Constitution, the +remuneration and other conditions of service of the Chief Justice and Judges of +the Sup reme Court shall be provided for in the Federal law. +(3) Notwithstanding anything contained in clauses (1) a nd (2), the +Chief Justice or a Judge of the Supreme Court who has been removed from +office by way of impe achment or who has been punished by a court for a +criminal offence involving moral turpitude shall not be entitled to gratuity or +pension. +(4) The remuneration and other conditions of service of the Chief +Justice or a Judge of the Supreme Court shall not b e altered to his or her +disadvantage. +Provided that this provision shall not apply in cases where a state of +emergency is declared because of extreme economic disarrays. +131. Vacation of office of Chief Justice or Judge of Supreme Court : The office of +the Chief Justice or a Judge of the Supreme Court shall be vacant in any of the +following circumstances: +(a) if he or she tenders resignation in writing before the President , +(b) if he or she atta ins the age of sixty -five years, +(c) if a motion of impeachment is passed against him or her under +Article 101, +88 + (d) if the President removes from office the Chief Justice, on +recommendation of the Constitutional Council, and the Judge of +the Supreme Court, on recommendation of the Judicial Cou ncil, +on the ground that he or she is unable to discharge his or her +duties becaus e of physical or mental illness, +(e) if he or she is punished by a court for a criminal offence +involving moral turpitude, +(f) if he or she dies. +132. Chief Justice and Judge s of Supreme C ourt not to be engaged in any o ther +office: (1) No Chief Justice or Judge of the Supreme Court shall be engaged in +or deputed to any office other than that of Judge. +Provided that the Government of Nepal may, in consultation with the +Judicial Council, depute a Judge of the Supreme Court to work concerning +judicial inquiry, or to legal or jud icial investigation or research for a specified +period. +(2) No person who has o nce held the office of Chief Justice or a +Judge of the Supreme Court shall be eligible for appoi ntment to any +government office, except as otherwise provided in this Constitution. +133. Jurisdiction of Supreme Court : (1) Any citizen of Nepal may file a peti tion in +the Supreme Court to have any law or any part thereof declared void on the +ground of inconsistency with this Constitution because it imposes an +unreasonable rest riction on the enjoyment of any fundamental right conferred +by this Cons titution or on any other ground, or to have any law or any part +thereof made by a State Assembly declared void because it is inconsistent with +any law made by the Federal Parliament or to have any law or any part thereof +made by a Municipal Assembly or Village Assembly d eclared void because it +is inconsistent with a law made by the Federal Parliament or the State +89 + Assembly , and the Supreme Court shall have an extra -ordinary power to +declare that law to be void either ab initio or from the date of its decision if the +law appears to be so inconsistent . +(2) The Supreme Court shall, for the enforcement of the fundamental +rights conferred by this Cons titution or of any other legal right for which no +other remedy has been provided or for which the remedy even though provided +appears to be inadequate or ineffective or for the settlement of any +constitutional or legal question involved in any dispute of public interest or +concern, have the extraordinary power to issue necessary and appropriate +orders , provide appropriate remedie s, enforce such right or settle such dispute. +(3) Under the extra -ordinary jurisdiction under clause (2 ), the +Supreme Court may issue appropriate orders and writs including the writs of +habeas corpus , mandamus , certiorari , prohibition and quo warranto . +Provided that except on the ground of lack of jurisdiction, the Supreme +Court shall not under this clause interfere with any internal proceedings of the +Federal Parliament or State Assembly, and with any proceedings instituted by +the Federal Parliament or Sta te Assembly concerning violation of its privileges +and penalties imposed therefor. +(4) Subject to this Constitution, t he Supreme Court shall , as provided +in a Federal law, have the power to originally try and settle cases, hear appeals, +test judgments referred for confirmation, revise cases, hear petitions or review +its judgments or final orders. Judges other than those having handed down the +previous judgment shall make such review. +(5) The Supreme Court shall settle appeals from cases originally +tried and settled by a High Court and matters of public importance involving +questions of interpretation of the Constitution and law or cases recommended +90 + by a High Cou rt, accompanied by its opinion, that it is reasonable that decision +be made by the Supreme Cou rt. +(6) Other powers and procedures of the Supreme Court shall be as +provided for in the Federal law. +134. Power to transfer of c ases: (1) If cases which involve substant ially the same +questions are sub judice before the Supreme Court and a High Court , and the +Supreme Court is satisfied on its own or on application by the Attorney +General or parties to such case s that such questions are of public importance, +the Supreme Court shall have the power to procure and adjudge the cases +together. +(2) If there e xists a special situation wher e judicial impartiality can +be questioned if a case filed in a High Court is tried by that Court, the Supreme +Court may , for reasons and grounds to be recorded, order such case to be +transferred from such High Court to another High Court and tried by the latter +High Court , in accordance with law. +135. Not to be engaged in practice of law : No Chief Justice or Judge of the Supreme +Court may, after retirement from service, be engaged in the practice of law, +mediation or arbitratio n proceedings before any office or court. +136. Responsibility of Chief Justice : The Chief Justice shall have the ultimate +responsibility to make effective the administration of justice by the Supreme +Court , subordinate courts, specialized courts or other j udicial bodies. +137. Formation of Constitutional Bench : (1) The re shall be a Constitutional Bench +in the Supreme Court . The Constitutional Bench shall consist of the Chief +Justice and other four Judges designated by the Chief Justice on +recommendation of the Judicial Council. +91 + (2) The Bench under clause (1) shall originally try and settle the +following cases, in addition to the petitions filed in accordance with clause (1) +of Article 133: +(a) Disputes relating to jurisdiction between the Federation and a +State, between States, between a State and a Local l evel and +between Local l evels, +(b) Disputes relating to election to members of the Federal +Parliament or State Assembly and matters relating to +disqualification of a member of the Federal Parliament or of the +State Assembly. +(3) Notwithstanding anything contained in Article 133, if it appears +that any case sub judice in the Supreme Court involves a question of serious +constitutional interpretation, the Chief Justice may appoint such case to be tried +by the Bench under clause (1). +(4) Other provisions relating to the functioning of the Constitutional +Bench shall be as determined by the Supreme Court. +138. Annual report : (1) The Supreme Court, Judicial Council and Judicial Service +Commission shall, every year, submit annual report s to the President , and th e +President shall submit such report s to the Federal Parliament through the Prime +Minister. +(2) If the Federal Parliament, upon deliberating on the annual reports +submitted under clause (1), deems it necessary to give any suggestion, it may +give such suggestion to the concerned body through the Government of Nepal, +Ministry of Law and Justice. +(3) Other provisions relating to annual reports under clause (1) shall +be as provided for in the Federal law. +139. High Courts : (1) There shall be a High Court in each State. +92 + (2) If anyone makes obstruction in the dispensation of justice by, or +disregard any order or judgmen t handed down by, it or any of its subordinate +courts or judicial bodies, the High Court may initiate proceedings on and +impose punishment for contempt, as provided for in the Federal law. +(3) Each High Court shall consist of such number of Judges, in +addition to t he Chief Judge, as provided for in the Federal law. +140. Appointment and qualification of Chief J udge and J udges of High Court : (1) +The C hief Justice shall, on recommendation of the Judicial Council, appoint +the Chief Judge and Judges of the High Court. +(2) Any citizen of Nepal who has obtained a bachelor 's degree in law +and served as a Judge of a District Court for at least five years or who has +obtained a bachelor 's degree in law an d constantly practiced law as a senior +advocate or advocate for a t least ten years or who has constantly been engaged +in the teaching or research of law or in any other field relation to law or justice +for at least ten years or who has served in the post of at least Gazetted first +class of the Judicial Service for at le ast five years shall be deemed qualified for +appointment as the Chief Judge or a Judge of the High Court. +(3) Appointments to the Chief Judge and Judges of a High Court +shall be made from amongst the persons who have possessed the qualification +under claus e (2) on the basis of the proportion of cases settled by him or her +annually and of evaluation of cases upheld, quashed or reversed by superior +court s in the course of final decision thereof, in the case of a District Judge, +and of his or her seniority, qu alification and evaluation of standard of +performance of business , in the case of a person who has served in the post of +at least Gazetted first class of the Judicial Service, and of evaluation of +seniority, professional continu ity, honesty, professional condu ct and +contribution made to the field of law and justice , in the case of other s. +93 + (4) If the office of the Chief Ju dge falls vacant or the Chief Judge is +otherwise unable to carry out the duties of his or her office or cannot be present +in the High Court by reason of a leave of absence or his or her being outside of +the State , the senior -most Judge of the High Court shall act as the Acting Chief +Judge . +141. Conditions of s ervice and f acilities o f Chief Judge and Judges : (1) Except as +otherwise provided in this Constitution, the remuneration and other conditions +of service of the Chief Judge and Judges of the High Court shall be provided +for in the Federal law. +(2) Notwithstanding anything contained in clause (1), the Chief +Judge or a Judge of a High Court who has been removed from office upon +action by the Judicial Council or upon punishment by a court for a criminal +offence involving moral turpitude shall not be entitled to gratuity or pension. +Provided that this provision shall not apply in cases w here the Judicial +Council has removed him or her from office on the ground of inability to +perform the duties of his or her office because of physical or mental illness. +(3) The remuneration and other conditions of service of the Chief +Judge or a Judge of the High Court shall not be altered to his or her +disadvantage. +Provided that this provision shall not apply in cases where a state of +emergency is declared because of extreme economic disarrays. +142. Vacation of office of Chief Judge or Judge : (1) The office of Chief Judge or +Judge of a High Court shall be vacant in any of the following circumstances: +(a) if he or she tenders resignation in writing before the Chief +Justice, +(b) if he or she attains the age of sixty -three years, +94 + (c) if he or she is removed from office by the Chief Justice on +recommendation of the Judicial Council, on the ground of +his or her incompetence, bad conduct, failure to perform +his or her duties honestly, performance of business with +mala fide intention or serious violation by him or her of +the code of conduct required to be observed by him or her, +(d) if he or she is removed from office by the Chief Justice on +recommendation of the Judicial Council on the ground +that he or she is unable to discharge his or her duties +becaus e of physical or mental illness, +(e) if he or she is punished by a court for a criminal offence +involving moral turpitude, +(f) if he or she dies. +(2) A Judge who is facing a charge shall be provided with a +reasonable opportunity to defend himself or herself prior to removing him or +her from the office unde r sub -clause (3) of clause (1). The Judge against whom +the proceedings have been so instituted shall not be allowed to perform the +duties of his or her office until the proceedings are completed. +(3) Nothing shall bar the institution of action in accordance with the +Federal law against the Chief Judge or Judge who has been removed from +office for an off ence which he or she has committed while in office. +143. Chief Judge and Judge s not to b e engaged in any other o ffice and provisions +relating to t ransfer : (1) No Chief Judge or Judge of a High Court shall be +engaged in or deputed to any office other than that of Judge. +Provided that the Government of Nepal may, in consultation with the +Judicial Council, depute a Judge of the High Court to work concerning judicial +95 + inquiry, or to legal or judicial investigation or research or to any business of +national conc ern for any specific period. +(2) The Chief Justice may, on recommendation of the Judicial +Council, transfer a Judge of a High Court to another High Court. +144. Jurisdiction of High Court : (1) The High Court shall have the power to issue +necessary and appropriate orders , for the enforcement of the fundamental +rights conferred by this Constitution or for the enforcement of any other legal +right for which no other remedy has been provided or for which the remedy +even though provided appears to be inadequate or ineffective or for the +settlement of any legal question involved in any dispute of public interest or +concern, +(2) For the purposes of clause (1 ), the High Court may issue +appropriate orders and writs including the writs of habeas corpus , mandamus , +certiorari , prohibition and quo warranto . +Provided that except on the ground of absence of jurisdiction, the High +Court shall not under this clause interfere with any internal proceedings of the +Federal Parliament or State Assembly, and with any proceedings instituted by +the Federal Parliament or State Assembly concerning violation of its privileges +and penalties imposed therefor. +(3) The High Court shall, in accordance with the Federal law, have +the power to originall y try and settle cases, hear appeals and test judgments +referred fo r confirmation. +(4) Other powers and procedures of the High Court shall be as +provided by the Federal law. +145. Power to transfer c ases: (1) If a High Court is of the opinion that a case which +is sub judice in a subordinate court within its jurisdiction involves a question +relating to a State law and it is essential to settle that question in order to +96 + decide the case, the High Court may procure the case and dispose the case +wholly or decide only such question and remand the case to the court of first +instance. + (2) If it is satisfied with the reason that there exists a situation where +judicial impartiality can be questioned if a case filed in a District Court is tried +by that Court, th e High Court may, for reasons and grounds to be recorded, +order such case to be transferred from such District Court to another District +Court under its jurisdiction and tried by the latter District Court, as provided +for in the Federal law. +146. To be engaged in practice of l aw: A person who has retired from the office of a +Judge of a High Court may be engaged in the practice of law before the +Supreme Court and a High Court, other than the High Court where he or she +has served as a Judge and a subordina te court. +147. Responsibility of Chief Ju dge: The Chief Judge shall have the ultimate +responsibility to make effective the administration of justice by the High Court +and the C ourts or other judicial bodies which are subordinate to it . For that +purpose, t he Chief Judge may, subject to this Constitution and the Federal law, +give necessar y direction to the subordinate C ourts and judicial bodies. +148. District Courts : (1) There shall be a District Court in each District. +(2) The L ocal level judicial bodies established in accordance with +the State law shall be subordinate to the District Court. The District Court may +inspect as well as supervise and give necessary direction to its subordinate +judicial bodies . +149. Appointment, qualification, remuneration and other c onditi ons of s ervice of +Judges of District Courts : (1) The Chief Justice shall, on recommendation of +the Judicial Council, appoint Judges of the District Courts. +97 + (2) The vacant posts of Judge s of the District Court shall be filled a s +follows: +(a) twenty percent of the vacant posts , on the basis of evaluation of +seniority, qualification and competency, from amongst the +officers who have obtained bachelor's degree in law and served +for at least three years in the post of Gazetted Second Class of the +Judicial Service, +(b) forty percent of the vacant posts , on the basis of open +competitive examination, from amongst the officers who have +obtained bachelor's degree in law and served for at least three +years in the post of Gazetted Second Class of the Judicial +Service, +(c) the remainin g forty percent of the vacan t posts , on the basis of +open competitive examination, from amongst the citizens of +Nepal who, having obtained bachelor's degree in law, have +constantly practiced law for at least eight years as an advocate or +who, having obtained bachelor's degree in law, have served in a +Gazetted post of the Judicial Service for at least eight years or +have constantly been engaged in the teaching or research of law +or served in any other fie ld of law or justice for at least eight +years. +(3) The Judicial Service Commission shall, in accordance with the +Federal law, hold written and oral competitive examinations for the persons +who have possessed the qualification under sub -clauses (b) and (c) of clause +(2), and make recommendation, in order of merit, to the Judicial Council for +appointment as District Judges. +98 + (4) The remuneration and other conditions of service of the Judges +of the District Cou rt shall be provided for in the Federal law. + (5) The remuneration and other conditions of service of a Judge of +the District Court shall not be altered to his or her disadvantage. +Provided that this provision shall not apply in cases where a state of +emergency is declared because of extreme economic disa rrays. +(6) The office of a Judge of the District Court shall be vacant in any +of the following circumstances: +(a) if he or she tenders resignation in writing before the Chief +Justice, +(b) if he or she attains the age of sixty -three years, +(c) if he or she is removed from office by the Chief Justice on +recommendation of the Judicial Council, on the ground of +his or her incompetence, misconduct, failure to perform +his or her duties honestly, performance of business with +mala fide intention or serious violati on by him or her of +the code of conduct required to be observed by him or her, +(d) if he or she is removed from office by the Chief Justice on +recommendation of the Judicial Council on the ground +that he or she is unable to continue service and discharge +his or her duties becaus e of physical or mental illness, +(e) if he or she is punished by a court for a criminal offence +involving moral turpitude, +(f) if he or she dies. +(7) A District Judge who is accused shall be given a reasonable +opportunity to defend h imself or herself before removing him or her from +99 + office under sub -clause (c) of clause (6). The District Judge against whom the +proceedings are so initiated shall not perform the duties of his or her office +until the proceedings are completed. +(8) Nothing shall prevent the instituting of action , in accordance with +the Federal law, against a District Judge who is removed from office for an +offence which h e or she has committed while in office. +150. District Judges not to be engaged in any o ther office and provisions r elating to +transfer : (1) No District Judge shall be engaged in or deputed to any office +other than that of Judge. +Provided that the Government of Nepal may, in consultation with the +Judicial Council, depute a District Judge to work concerning judicial inquiry, +or to legal or judicial investigation or research and to any election related work, +for a specified period. +(2) The Chief Justice may, on recommendation of the Judicial +Council, transfer a District Judge from one District Court to another District +Court. +151. Jurisdiction of District Court : (1) Except as otherwise provided by the Federal +law, a District Court shall have the power to originally try and settle all cases +under its jurisdiction , to try petitions under law, including petitions of habeas +corpus and prohibition, hear appeals under law from decisions made by quasi - +judicial bodies, hear appeals from decisions made by L ocal leve l judicial +bodies formed under the State law, institute contempt proceedings and punish +for contempt under the Federal law if anyone makes obstruction in the +dispensation of justice by , or disregards any order or judgment by, it or any of +its subordinate courts. +(2) Other provisions relating to the jurisdiction and procedures of the +District Courts shall be as provided for in the Federal law. +100 + 152. Specialized c ourts : (1) Other specialized courts, judic ial bodies or tribunals +may be formed to try and settle specific types and nature of cases other than +those mentioned in Article 127, as provided for in the Federal law. +Provided that no specialized court, judicial body or tribunal shall be +formed for any specific case. +(2) No criminal offence involving imprisonment for a term of more +than one year shall fall under the jurisdiction of a body other than a court, +specialized court, military court or judicial body. +153. Judicial Council : (1) There shall be a Judicial Council to make +recommendation or give advice, in accordance with this Constitution, on the +appointment of, transfer of, disciplinary action against, and dismissal of, +Judges, and other matters relating to the administration of justice, which shall +consist of the following as its chairperson and members: +(a) The Chief Justice - Chairperson +(b) The Federal Minister for Law and Justice - Member +(c) The senior -most Judge of the Supreme +Court - Member +(d) One jurist nominated by the President on +recommendation of the Prime Minister +- Member +(e) A senior advocate or advocate who has +gained at least twenty years of experience, +to be appointed by the President on +recommendation of the Nepal Bar +Association - Member +101 + (2) The term of office of the members under sub-clauses (d) and (e) +of clause (1) shall be four years, and their remuneration and facilities shall be +equivalent to those of a Judge of the Supreme Court. +(3) The members under sub-clauses (d) and (e) of clause (1) shall be +removed from office in the same manner and on the same grounds as a Judge +of the Suprem e Court. +(4) The chairperson and a member of the Judicial Council may study +the case associated with a complaint filed in respect of any Judge, and make a +report thereof to the Judicial Council. +(5) If a preliminary inquiry of a complaint filed in respect of any +Judge reveals a need to have a detailed inquiry by an expert, the Judicial +Council may form an inquiry committee. +(6) If a Judge, other than a Judge who can be removed from office +by way of impeachment in accordance with this Constitution, commits a n +abuse of authority by way of corruption, the Judicial Council may investigate +into the matter and institute a case in accordance with law. +(7) The Judicial Council must prepare updated records of the persons +who are qualified for appointment to offices of the Chief Justice , Judges of the +Supreme Court, Chief Judge s and Judge s of the High Courts. +(8) Other functions, duties and powers of the Judicial Council shall +be as provided for in the Federal law . +154. Judicial Service Commission : (1) I n appointing, transferring or promoting +gazetted officers of the Federal Judicial Service or taking departmental action +concerning such officers in accordance with law, the Government of Nepal +shall act on recommendation of the Judicial Service Commission. +Provided tha t in making new permanent appointments to gazetted posts +of the Federal Judicial Service from persons who are not already in the Federal +102 + Government Service or making promotions from non -gazetted posts of the +Federal Judicial Service to gazetted ones of that Service, the Government of +Nepal shall act on the recommendation of the Public Service Commission. +Explanation : For the purposes of this Article, the Public Service +Commission shall hold open and internal competitive examinations to be held +for app ointment s to Gazetted posts of the Federal Judicial Service. +(2) The Judicial Service Commission shall consist of the following +as its chairperson and members: +(a) The Chief Justice - Chairperson +(b) The Federal Minister for Law and +Justice - Member +(c) The seniormost Judge of the +Supreme Court - Member +(d) The Chairperson of the Public +Service Commission - Member +(e) The Attorney General - Member +(3) Other functions, duties, powers and procedures of the Judicial +Service Commission shall be as provided for in the Federal law. +155. Provisions relating to conditions of service and f acilities : Provisions relating to +the remuneration, facilities and conditions of s ervice of the employees of the +Federal Judicial Service shall be as p rovided for in the Federal Act. +156. Provisions r elating to State Judicial Service Commission : Provisions relating to +the formation of a State Judicial Service Commission and the remuneration, +103 + facilities and conditions of service of the employees of a State Judicial S ervice +shall be as provided for in the Federal law. + +104 + Part- 12 +Attorney General +157. Attorney General : (1) There shall be an Attorney General of Nepal. +(2) The President shall, on recommendation of the Prime Minister, +appoint the Attorney General. The Attorney General shall hold office during +the pleasure of the Prime Minister. +(3) A person who is qualified to be appointed as a Judge of the +Supreme Court shall be eligible to be appointed as the Attorney General. +(4) The office of the Attorney General shall be vacant in any of the +following circumstances: +(a) if he or she tenders resignation in writing to the President through +the Prime Minister, +(b) if he or she is removed from office by the President on +recommendation of the Prime Minister , +(c) if he or she dies. +(5) The remuneration and other facilities of the Attorney General +shall be similar to those of a Judge of the Supreme Court. Other conditions of +service of the Attorne y General shall be in accordance with law. +158. Functions, duties and p owers of Attorney General : (1) The Attorney General +shall be the chief legal advisor to the Government of Nepal. It shall be the duty +of the Attorney General to give opinions and advic es on constitutional and +legal matters to the Government of Nepal and such other authorities as the +Government of Nepal may specify. +(2) The Attorney General or government attorneys subordinate to +him or her shall represent the Government of Nepal in lawsu its wherein the +rights, interests or concerns of the Government of Nepal are involved. Except +105 + as provided otherwise in this Constitution, the Attorney General shall have the +right to make a final decision as to whether to institute any case on behalf of +the Government of Nepal in any court , judicial body or authority. +(3) Opinion of the Attorney General must be obtained for +withdrawing a case filed on behalf of the Government of Nepal. +(4) The Attorney General may, upon in vitation by the Federal +Parliament or any of its committees, to appear and express his or her opinion +on any legal question in such a meeting . +(5) In the course of discharging the duties of his or her office, the +Attorney General shall have the right to appe ar in any Court, offi ce and +authority of Nepal. +(6) The Attorney General shall, in the course of performing his or +her duties, have the power to carry out the following acts, in addition to that set +forth in clause (2): +(a) to defend, on behalf of the Government of Nepal, any lawsuit in +which the Government of Nepal is a plaintiff or a defendant, +(b) to monitor, or cause to be monitored, whether any interpretation +given to a law or any legal principle laid down by the Supreme +Court in the course of hearing o f lawsuits has been implemented, +(c) if a complaint is made alleging that any person held in custody +has not been treated humanely subject to this Constitution or +such person has not been allowed to meet his or her relative o r +through his or her legal practitioner or if information of such +matter is received, to inquire thereinto and give necessary +directive to the concerned authority to prevent such act. +(7) The Attorney General may so delegate his or her functions, +duties an d powers under this Article to his or her subordinate government +106 + attorneys as to be exercised and complied with subject to the specified +conditions. +(8) In addition to the functions, duties and powers mentioned in this +Article, other functions, duties and powers of the Attorney General shall be +pursuant to this Constitution and the Federal law. +159. Annual report : (1) The Attorney General shall, every year, submit to the +President an annual report on the works which he or she has performed +pursuant to this Constitution and the Federal law, and the President shall cause +such report to be laid before the Federal Parliament through the Prime +Minister. +(2) The annual report to be submitted pursuant to clause (1) shall set +out, inter alia , the number of advices and opinions on constitutional and legal +matters rendered by him or her throughout the year, and short description of +such advices and opinions, details of cases institute d as state cases, details of +defenc e made in lawsuits in whic h the Government of Nepal is a plaintiff or +defendant, details of reforms to be made in the future in relation to cases to be +instituted as state cases and information relating to crime trends. +160. Chief Attorney : (1) There shall be a Chief Attorney in ev ery State, who shall +be subordinate to the Attorney General. +(2) The Chief of State shall, on recommendation of the concerned +Chief Minister, appoint the Chief Attorney . The Chief Attorney shall hold +office during the pleasure of the Chief Minister. +(3) A person who is qualified to be appointed as a Judge of High +Court shall be eligible to be appointed as the Chief Attorney . +(4) The office of the Chief Attorney shall be vacant in any of the +following circumstances: +107 + (a) if he or she tenders resignation in wr iting to the Chief of State +through the Chief Minister, +(b) if he or she is removed from office by the Chief of State on +recommendation of the Chief Minister, +(c) if he or she dies. +(5) The Chief Attorney shall be the chief legal advisor to the State +Government. It shall be the duty of the Chief Attorney to give opinions and +advices on constitutional and legal matters to the State Government and such +other authorities as the State Government may specify. +(6) The Office of Attorney General shall manage the employees +under the Office of Chief Attorney. +(7) The remuneration and other facilities of the Chief Attorney shall +be sim ilar to those of a Judge of High Court. The functions, duties and powers +and o ther conditions of service of the Chief Attorney sha ll be as provided for in +the State law. +161. Provisions r elatin g to conditions of service and f acilities : Provisions relating to +the remuneration, facilities and conditions of service of the government +attorneys and other employees under the Attorney Gener al shall be as provided +for in the Federal Act. + +108 + Part -13 +State Executive +162. Executive p ower of State : (1) The executive power of a State shall, pursuant to +this Constitution and the State law , be vested in the State Council of Ministers. +Provided that if a State Executive does not exist because of enforcement +of Federal governance, the Chief of State shall exercise the executive power of +the State as directed by the Government of Nepal. +(2) The responsibility for issuing general directives , controlling and +regulating the governance of the State shall, subject to this Constitution and +other laws, lie in the State Council of Ministers. +(3) All State executive functions shall be performed in the name of +the State Government. +(4) The executive power of the State shall be as mentioned in +Schedule -6, Schedule -7 and Schedule -9 subject to this Constitution. +Provided that the State Council of Ministers shall exercise the executive +powers in coordination with the Government of Nepal, except as explicitly +mentioned in this Constitution and in the Federal law in relation to concurrent +powers of the Federation and the State. +(5) Any decision or order to be issued in the name of the State +Government pursuant to clause (3) and other instruments of authorization +pertaining thereto shall be authenticated as provided for in the State law. +163. Provisions r elating to Chi ef of State : (1) There shall be a Chief of State in each +State, as a representative of the Government of Nepal. +(2) The President shall appoint one Chief of State for each State. +109 + (3) The term of office of a Chief of State shall be five years except +where the President removes him or her from office prior to the expiration of +his or her term of office. +(4) A person may not be the Chief of State for more than once in the +same State. +164. Qualification for Chief of State : A person who has the following qualification +shall be qualified to become the Chief of State : +(a) being qualified for being a member of the Federal Parliament, +(b) having completed the age of thirty five years, and +(c) Not being disqualified by any law. +165. Vacation of o ffice of Chie f of State : (1) The office of the Chief of State shall +become vacant in any of the following circumstances: +(a) if he or she tenders res ignation in writing to the President, +(b) if his or her term of office expires and he or she is removed from +office by t he President prior to expiration of the term, +(c) if he or she dies. +(2) If the office of the Chief of State of any State falls vacant, the +President may so designate the Chief of State of another State to act as such +also for such State. +166. Functions, duties and p owers of Chief of State : (1) The Chief of State shall +exercise such powers and perform such duties as conferred to him or her +pursuant to this Constitution or law. + (2) In exercising the powers o r duties under clause (1), the Chief of +State shall perform all other functions to be performed by him or her on +recommendation and with the consent of the State Council of Ministers than +those functions specifically provided to be performed on recommendation of +110 + any body or official pursuant to this Con stitution or law. Such recommendation +and consent shall be submitted through the Chief Minister. +(3) Any decision or order to be issued in the name of the Chief of +State under clause (2) and other instrument of authorization pertaining thereto +shall be aut henticated as provided for in the State law. +167. Oath by Chief of State : The Chief of State shall , prior to assuming office, take +an oath of office and secrecy before the President , as provided for in the +Federal law. +168. Constitution of State Council of Ministers : (1) The Chief of State shall appoint +the leader of the parliamentary party commanding a majority in the State +Assembly as the Chief Minister, and the State Council of Ministers shall be +constituted under his or her chairpersonship. +(2) In cases where no party has a clear majority in the State +Assembly under clause (1), the Chief of State shall appoint as the Chief +Minister a member of the State Assembly who can command majority with the +support of two or more parties representing to the State As sembly . +(3) In cases where the Chief Minister cannot be appointed under +clause (2) no later than thirty days after the date of declaration of the final +results of election to the State Assembly or the Chief Minister so appointed +fails to secure a vote of confidence under clause (4), the Chief of State shall +appoint as the Chief Minister the parliamentary party leader of the party which +has the highest number of members in the State Assembly . +(4) The Chief Minister appointed under clause (2) or (3) shall obtain +a vote of confidence from the State Assembly no later than thirty days after the +date of such appointment. +(5) In cases where the Chief Minister appointed under clause (3) +fails to obtain a vote of conf idence under clause (4) and any member under +111 + clause (2) presents a ground on which he or she can obtain a vote of confidence +in the State Assembly , the Chief of State shall appoint such a member as the +Chief Minister. +(6) The Chief Minister appointed under clause (5) must obtain a vote +of confidence under clause (4). +(7) In cases where the Chief Minister appointed under clause (5) +fails to obtain a vote of confidence or the Chief Minister cannot be appointed, +the Chief of State shall, on recommendation of t he Chief Minister, dissolve the +State Assembly and appoint a date of election so that the election to another +State Assembly is completed within six months. +(8) Procedures on the appointment of the Chief Minister under this +Article must be completed no lat er than thirty five days after the date of +declaration of the final results of election to the State Assembly held under this +Constitution or the date on which the office of the Chief Minister has fallen +vacant. +(9) The Chief of State shall, on recommendation of the Chief +Minister, constitute the State Council of Ministers consisting of a maximum of +twenty percent of the total number of members of the State Assembly, +including the Chief Minister, in accordan ce with the inclusive princip le, from +amongst the members of the State Assembly . +Explanation : For the purposes of this Article, "Minister" means a +Minister, Minister of State and Assistant Minister. +(10) The Chief Minister and Ministers shall be collectively +responsible to State Ass embly , and the Ministers shall be individually +responsible for the work of their respective Ministries to the Chief Minister and +the State Assembly . +112 + 169. Vacation of o ffice of Chief Minister and Minister : (1) The office of the Chief +Minister shall be vacant in any of the following circumstances: +(a) if he or she tenders resignation in writing to the Chief of State , +(b) if a vote of no -confidence is passed against him or her under +Article 188 or a vote of confidence is not passed, +(c) if he or she ceas es to be a member of the State Assembly , +(d) if he or she dies. +(2) The office of a Minister shall be vacant in any of the following +circumstances: +(a) if he or she tenders resignation in writing to the Chief Minister, +(b) if the Chief Minister re moves him or her from office, +(c) if the office of the Chief Ministe r falls vacant under sub -clause +(a), (b) or (c) of clause (1), +(d) if he or she dies. +(3) Even though the office of the Chief Minister falls vacant under +clause (1), the same Council of Ministers shall continue to act until another +State Council of Ministers is constituted. +Provided that if the Chief Minister dies, the senior -most Minister shall +act as the Chief Minister until a new Chief Minister is appointed. +170. Appointment of n on-member of State Assem bly as Minister : (1) +Notwithstanding anything contained in clause (9) of Article 168 , the Chief of +State may, on the recommendation of the Chief Minister, appoint any person +who is not a member of the State Assembly as a Minister. +113 + (2) A Minister appointed under clause (1) must obtain membership +of the State Assembly within six months from the date of taking an oath by him +or her. +(3) In the event of failure to obtain member ship of the State +Assembly within the period mentioned in clause (2), he or she shall not be +eligible to be reappointed to the office of Minister during the term of the then +State Assembly . +(4) Notwithstanding anything contained in clause (1), a person who +has been defeated in the election to the then State Assembly shall be not +eligible to be appointed to the office of Minister under clause (1) during the +term of such State Assembly . +171. Remuneration and o ther Facilities of Chief Minister and Minister : The +remuneration and other facilities of the Chief Minister and Ministers shall be as +provided by a State Act, and until such Act is made, shall be as specified by the +State Government . +172. Oath : The Chief Minister a nd Ministers shall , before assuming their respective +offices, take an oath of office and secrecy before the Chief of State , and +Ministers of State and Assistant Ministers, before the Chief Minister, as +provided for in the State law. +173. To give i nformation to Chief of State : The Chief Minister sh all inform the +Chief of State about the following matters: +(a) resolutions of the State Council of Ministers, +(b) Bills to be introduced in the State Assembly , +(c) such other necessary information as commanded by the Chief of +State on matters set forth in clauses (a) and (b), and +(d) current general state of affairs of the State. +114 + 174. Transaction of b usiness of State Government : (1) The allocation and +transaction of business of the State Government shall be carried out in +accordance with the rules approved by the State Government . +(2) No question shall be raised in any court as to whether or not the +rules under clause (1) have been observed. + +115 + Part-14 +State Legislature +175. State Legislature : The legislatu re of a State shall be unicameral, which shall be +called as the State Assembly . +176. Composition of State Assembly : (1) Each State Assembly shall consist of a +number of members, as follows: +(a) Members in a number that is twice a s many as the number of +members elected to the House of Representatives from the +concerned State, through the first past the post electoral system, +(b) The number of members to be set under clause (a) shall be +considered to be sixty percent, and the rest f orty percent +members to be elected, through the proportional electoral system. +(2) Election constituencies shall be set on the ba sis of geography and +population as provided for in the Federal law, for the election to members +under sub -clause (a) of clause (1). +(3) Sixty percent members of the State Assembly shall be elected in +accordance with the first past the post electoral system and the forty percent +members in accordance with the proporti onal electoral system. +(4) Election to the members of the State Assembly under clause (3) +shall be held through adult suffrage by secret ballots in accordance with law. +(5) Each citizen of Nepal who resides within the territory of the State +and who has com pleted the age of eighteen years shall have a right to vote in +any one election consti tuency in accordance with law. +(6) The Federal law shall provide that, in fielding candidacy by +political parties for the election to the State Assembly under the proport ional +electoral system, representation shall be ensured on the basis of a closed list +116 + also from women, Dalit , indigenous , indigenous nationalities , Khas Arya , +Madhesi , Tharu , Muslims and backward regions, minority communities, on the +basis of popul ation. I n so fielding candidacy , regar d shall also be had to +geographical balance of the concerned State . +Explanation : For the purposes of this clause, " Khas Arya " means +Kshetri, Brahmin , Thakuri , Sanyasi (Dashnami ) community. +(7) In fi elding candidacy under clause (6 ), political parties must +provide for representation of the persons with disabilities as well. +(8) If the seat of a member of the State Assembly falls vacant while +its term still remains for more than six months, the vacancy shall be filled +throug h the same electoral system as through which such seat was filled in. +(9) Notwithstanding anything contained elsewhere in this Article, at +least one third of the total number of members elected from each political party +representing in the State Assembly m ust be women. If women are not so +elected as to constitute one third of the elected members of any political party +under sub -clause (a) of clause (1), such political party must, in electing +members un der sub -clause (b) of that clause , so elect that women m embers +constitute at least one third of the total number of members electe d to the State +Assembly from that party. + (10) A person who is qualified under Article 178 and entitled to vote +in an election to the members of the State Assembly may, subject to law, be a +candidate in any election constituency of the State . +Provided that a person shall not be a candidate in more than one election +constituencies at the same time. + (11) Other provisions relating to election to the State Assembly shall +be as provided for in the Federal law. +117 + 177. Term of State Assembly : (1) Unless dissolved earlier pursuant to this +Constitution, the term of the State Assembly shall be five years. +(2) Notwithstanding anything contained in clause (1), the term of the +State Assembly may be extended by a State Act for a period not exceeding one +year in cases where a proclamation or order of a state of emergency is in effect. +(3) The term of the State Assembly extended under clause (2) shall +ipso facto be terminated after the expiry of six months from the date of +voidance of the proclamation or order of the state of emergency in the +concerned State . +178. Qualification for m ember of State Assembly : (1) A person who has the +following qualification shall be qualified to become a member of the State +Assembly : +(a) being a citizen of Nepal, +(b) being a voter of the concerned State, +(c) having completed the age of twenty five years , +(d) not having been convicted of a criminal offense involving moral +turpitude, +(e) not being disqualified by any law, and +(f) not holding any office of profit. +Explanation : For the purposes of this clause, "office of profit" mean s +any position, other than a political position which is to be filled by election or +nomination, for which a remu neration or economic benefit is paid out of a +government fund. +(2) If a person who holds a political office to be filled by way of +election, nomination or appointment is elected as a member of the State +118 + Assembly under this Part, his or her such office shal l ipso facto be vacant with +effect from the day on which he or she takes an oath of such office . +179. Oath of member of State Assembly : Every member of the State Assembly +must , before taking part for the first time in the meeting of the Assembly or any +of its committees, take an oath as provided for in the State law. +180. Vacation of seat of m ember of State Assembly : The seat of a member of the +State Assembly shall become vacant in any of the following circumstances: +(a) if he or she tenders resi gnation in writing before the Speaker of +the State Assembly , +(b) if he or she is no longer qualified or ceases to possess th e +qualification under Article 178 , +(c) if the term of the State Assembly expires or it is dissolved , +(d) if he or she absents himself or herself from ten consecutive +meetings, without giving notice to the State Assembly , +(e) if the political party of which he or she was a member when +elected provides a notification as provided for in the Federal law +that he or she has defected from the party, +(f) If he or she dies. +181. Decision as to disqualification of m ember : If a question arises as to whether +any member of the State Assembly is disqualified or has ceased to possess any +of the qualification s under Art icle 178 , the Constitutional Bench of the +Supreme Court shall make the final decision of such question. +182. Speaker and Deputy Speaker of State Assembly : (1) The members of the State +Assembly shall, not later than fifteen days of the date of holding of the first +meeting of the State Assembly , elect a State Speaker and a Deputy State +Speaker from amongst themselves. +119 + (2) Election under clause (1) shall be so held that there is one woman +out of t he State Speaker and the Deputy State Speaker, and the State Speaker +and the Deputy State Speaker of the State Assembly shall be representatives +from different parties. +Provided that if there is no representation of more than one party in the +State Assembl y or no candidacy is filed by more than one party despite +representation, nothing shall prevent the members of the same party from being +the State Speaker and the Deputy State Speaker of the State Assembly . +(3) If the office of the State Speaker or the Deputy State Speaker +falls vacant, the members of the State Assembly shall fill the vacancy through +election to the State Speaker or the Deputy State Speaker from amongst +themselves. +(4) The Deputy State Speaker shall, in the absence of the State +Speaker o f the State Assembly , chair the State Assembly . +(5) If the election to the State Speaker and the Deputy State Speaker +has not taken place, or if both the positions have become vacant, the attending +member who is by age the senior -most shall chair the meeti ng of the State +Assembly . +(6) The office of the State Speaker or the Deputy State Speaker of +the State Assembly shall become vacant in any of the following circumstances: +(a) if he or she ceases to be a member of the State Assembly , +Provided that, in the event of the dissolution of the State +Assembly , the State Speaker and the Deputy State Speaker of the State +Assembly holding their respective offices shall continue in office until +the previous day of the filing of nominations for ano ther election to the +State Assembly , +(b) if he or she resigns in writing, +120 + (c) if a resolution is passed by a majority of two -thirds of th e total +number of the then members of the State Assembly to the effect +that his or her conduct is not compat ible with his or her office. +(7) The State Deputy Speaker shall preside over a meeting at which +deliberation s are to be held on a motion that the conduct of the Speaker of the +State Assembly is not compatible with his or her office. The State Speaker +shall be entitl ed to take part and vote in the deliberations on such mo tion. +183. Summoning and prorogation of s ession of State Assembly : (1) The Chief of +State shall summon a session of the State Assembly within twenty days of the +declaration of final results of the election to the State Assembly . Thereafter, the +Chief of State shall, from time to time, summon other sessions pursuant to this +Constitution. +Provided that the interval between the two consecutive sessions shall +not exceed six months. +(2) The Chief of Stat e may prorogue the sessions of the State +Assembly . +(3) If, during the prorogation or recess of the session of the State +Assembly , one -fourth of the total number of its members make a petition that it +is expedient to convene a session or meeting, the Chief of State shall specify +the date and time for such session or meeting. The State Assembly shall meet +or commence its session at the date and time so specified. +184. Address by Chief of State : (1) The Chief of State may address a sitting of the +State Assembl y, and summon the members for that purpose. +(2) The Chief of State shall address the first session after an election +to the State Assembly and a sitting of the State Assembly after the +commencement of the first session of each year. +121 + 185. Quorum of State Assembly : Except as otherwise provided for in this +Constitution, no question or motion shall be presented for decision in the State +Assembly unless one -fourth of the total number of its members are present. +186. Voting in State Assembly : All ques tions submitted for decision in the State +Assembly shall be decided by a majority vote of the members present and +participate in voting. The member chairing the meeting shall not have the right +to vote. +Provided that he or she may exercise his or her casti ng vote in the case +of a tie. +187. Privileges of State Assembly : (1) There shall be full freedom of speech in the +State Assembly, subject to this Constitution , and no member shall be arrested, +detained or prosecuted in any court for anything expressed or any vote cast by +him or her in the State Assembly . +(2) The State Assembly shall, subject to this Constitution, have full +power to regulate and decide its intern al business, and it shall be the exclusive +right of the State Assembly to decide whether or not any of its proceedings is +regular or irregular. No question shall be raised in any court in this behalf. +(3) No comment shall be made about the good faith conce rning any +proceeding of the State Assembly , and no publication and broadcasting of any +kind shall be made about anything said by any member, intentionally distorting +or misinterpreting the meaning of the speech. +(4) The provisions of clauses (1) and (3) sh all also apply to other +persons who are entitled to participate in the meetings of the State Assembly +than the members of State Assembly . +(5) No proceedings shall be initiated in any court against any person +in respect of the publication, un der the author ity granted by the State +Assembly , of any document, report, vote or proceeding. +122 + Explanation: For the purposes of this clause and clauses (1), (2), (3) and +(4), "State Assembly" means and includes the meeting of a committee of the +State Assembly. +(6) No mem ber of the State Assembly may be arrested during the +period from the issuance of a notice summoning the session to its prorogation. +Provided that nothing in this clause shall be deemed to prevent the arrest +under the law of any member on a criminal charge. If any member is so +arrested, the authority making such arrest shall forthwith give information +thereof to the person presiding over the State Assembly. +(7) Any breach of the privileges shall be deemed to constitute +contempt of the State Assembly , and the State Assembly shall have the +exclusive right to decide whether any breach of its privileges has taken place. +(8) If any person is in contempt of the State Assembly , the person +presiding over the State Assembly may, after a decision by the State Assembly +to that effect, admonish, warn or impose a sentence of imprisonment for a term +not exceeding three months or of a fine not exceeding ten thousand rupees on +such person, and such fine shall be recovered as a government due. +Provided that if such a person su bmits an apology to the satisfaction of +the State Assembly , it may either pardon him or her or remit or commute the +sentence imposed on him or her. +(9) Other matters relating to privileges of the State Assembly shall +be as provided in the State law. +188. Provisions relating to vote of confidence and motion of no -confidence : (1) The +Chief Minister may, whenever he or she considers necessary or appropriate to +show that he or she has confidence from the State Assembly, table a resolution +to that effect in the State Assembly for the vote of confidence . +123 + (2) If the political party which the Chief Minister represents is +divided or a political party in coalition State G overnment withdraws its +support, the Chief Minister shall table a resolution in the State Assembly for a +vote of confidence within thirty days. +(3) If a resolution tabled under clauses (1) and (2) is not passed by a +majority of the total number of then members of the State Assembly , the Chief +Minister shall relieve of his or her office. +(4) One-fourth of the total number of then members of the State +Assembly may table in writing a motion of no -confidence against the Chief +Minister. +Provided that a motion of no confidence may not be tabled until the first +two years after the appointment of the Chief Minister and until another one +year after the date of failure of the motion of no confidence once tabled. +(5) A motion of no confidence to be tabled under clause (4) shall +also indicate the name of a member proposed for Chief Minister. +(6) If a motion of no confidence tabled under clause (4) is passed by +a majority of the total number of then members of the State Assembly , the +Chief Minister shall relieve of his or her office. +(7) If the office of the Chief Minister falls vacant because of the +passage of a vote of no -confidence under clause (6), the Chief of State shall , in +accordance with Article 168, appoint as the Chief Minister the member of the +State Assembly proposed under clause (5). +189. Minister, Minister o f State and Assistant Minister entitled to take p art in +meetings of State Assembly : The Minister, Minister of State and Assistant +Minister shall be entitled to attend , and take part in the proceedings and +deliberations of , the State Assembly or its committees. +124 + Provided that a Minister, Minister of State or Assistant Minister who is +not a member of the State Assembly shall not be entitled to vote in a meeting +of the State Assembly or its committee, and a Minister, Minister of State or +Assistant Minister shall not be entitled to vote in a meeting of a committee of +which he or she is not a member. +190. Penalty for u nauthorized presence or v oting in State Assembly : If a person who +has not taken oath under Article 179 or who is not a member of the State +Assembly is present or votes in a meetin g of the State Assembly or of its +committee as a member, the person shall, by order of the person chairing the +meeting, be fined with a sum of five thousand rupees for each instance of such +presence or voting, and such a fine shall be recovered as a govern ment due. +191. Restriction on d iscussion : No discussion shall be held in the State Assembly on +any matters that may cause adverse effect on the dispensation of justice on any +cases which are sub judice in any courts of Nepal and on any judicial acts done +by Judges in the course of performance of their duties. +192. Transaction of b usiness in case of vacancy in seat of m ember : The State +Assembly shall have the power to transact its business notwithstanding any +vacancy in the seat of its member; and n o proceedings of the State Assembly +already conducted shall become invalid even if it is subsequently discovered +that a person who was not so entitled took part in such proceedings. +193. Power of State Assembly to f orm committees : The State Assembly may, i n +accordance with its rules, form committees or special committees, as required, +in order to manage its working procedures . +194. Procedures relating to conduct of b usiness of State Assembly : The State +Assembly shall frame rules to c onduct its business, maintain order during its +meetings and regulate the constitution, functions and procedures of , and other +125 + matters relating to, its committee s. Until such rules are framed, the State +Assembly shall regulate its procedures on its own. +195. Secretary and Secre tariat of State Assembly : (1) The Chief of State shall +appoint the Secretary of the State Assembly on recommendation of the Speaker +of State Assembly. + (2) There shall be a Secretariat for conducting and managing the +business of the State Assembly. The establishment of such Secretariat and +other matters related thereto shall be as provided for in the State law. +(3) The qualification, functions, duties, powers and other conditions +of service of the Secretary of the State Assembly shall be as provided for in the +State law. +196. Remuneration : The remuneration and facilities of the Speaker and the Deputy +Speaker of the State Assembly shall be as provided for in the State law, and as +specified by the State Government until such law is made. + +126 + Part-15 +State Legislative Procedures +197. Legislative p owers 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 : (1) A Bill may, subject +to this Constitution, be introduced in the State Assembly . +(2) A Money Bill and a Bill concerning peace and security may be +introduced only as a Government Bill. +(3) "Money Bill" mean s a Bill concerning any or all of the following +subjects: +(a) the imposition, collection, abolition, remission, alteration +or regulation of taxes in the State , +(b) 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 propos ed expenditures from such +Funds, +(c) 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 , +(d) the custody and investment of all revenues received by +any State Government Fund, moneys acquired through the +127 + repayment of loans, and grant moneys; or audits of the +accounts of the State Government , or +(e) other incidental matters directl y 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, renewa l fee or for the imposition of fines or +penalty of imprisonment. +(4) 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 p assage of Bills : (1) A Bill passe d by the State Assembly shall +be presented to the Chief of State for assent . +(2) 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 : (1) 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. +128 + (2) 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. +(3) 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. +(4) 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. +(5) A Bill shall become an Act after the Chief of State gives assent to +it. +202. Ordinance : (1) If, at any time, except when the State Assembly is in session , a +circumstance exist s which render s it necessary to take immediate action, the +Chief of State may, on the recommendation of the State Council of Ministers, +promulgate an Ordinance. +(2) An Ordinance promulgated under 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 State Assembly held +after the promulgation, and if not passed by the State +Assembly , it shall ipso facto cease to be effective, +(b) may be repealed at any time by the Chief of State , and +129 + (c) 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. + +130 + Part -16 +State Financial Procedure s +203. No tax t o be levied or loan to be raised : (1) No tax shall be levied and +collected in a State except in accordance with law. +(2) No loan shall be raised and guarantee given by the State +Governme nt except as provided for in the Federal law . +204. State Consolidated Fund : Except for the revenues of trusts ( Guthi ), all revenues +received by the State Government, all loans raised on the security of revenues, +all moneys received in repayment of any loans made under the authority of any +State Act and any mounts of grants or loans received from the Government of +Nepal shall, except as otherwise provided for in the State Act, be credited to a +State Government Fund to be known as the State Consolidated Fund. +205. Expenditures from State Consolidated Fund or State Government F und: No +expenditure shall be incurred out of the State Consolidated Fund or any other +State Government Fund except the following: +(a) moneys charged on the State Consolidated Fund, +(b) moneys required to meet the expenditure under an Appropriation +Act, +(c) advance moneys authorized by a n Act required to meet +expenditures, when an Appropriation Bill is under consideration, +or +(d) expenditures to be incurred in extraordin ary circumstances under +a V ote of Credit Act which contains only a description of +expend itures. +Provided that matters relating to the State Contingency Fund +shall be in accordance with Article 212 . +131 + 206. Expenditures c hargeable on State Consolidated Fund : The expenditures +relating to the following matters shall be charged on the State Consolidated +Fund, and approval of the State Assembly shall not be required for such +expenditures: +(a) the amount required as remuneration and facilities payable to the +State Speaker and the State Deputy Speaker, +(b) the amount required as remuneration and facilities payable to the +Chairperson and m embers of the State Public Service +Commission, +(c) all charges relating to debts for which the State Government is +liable, +(d) any sum required to satisfy any judgment or decree made by a +court against the State Government , and +(e) any other sum specified by a State law to be chargeable on the +State Consolidated Fund. +207. Estimates of revenues and expenditures : (1) The State Minister for Finance +shall, in respect of every financial year, lay before the State A ssembly an +annual estimate setting out, inter alia , the following matters: +(a) an estimate of revenues, +(b) the moneys required to meet the charges on the State +Consolidated Fund, and +(c) the moneys required to meet the expenditure to be provided for +by a State Appropriation Act. +(2) The annual estimate to be laid pursuant to clause (1) shall also be +accompanied by a statement of the expenses allocated to every Ministry in the +132 + previous financial year and particulars of whether the objectives of the +expenses have been achieved. +208. State Appropriation Act : The moneys required to meet the expenditure to be +provided for by any State Appropriation Act shall be specified under +appropriate heads in an Appropriation Bill. +209. Supplementary e stimates : (1) The State Minister for Finance may lay before +the State Assembly a supplementary estimate if it is found in any financial +year, - +(a) that the sum authorized to be spent for a particular service by the +State Appropriation Act for the current financial year is +insuf ficient, or that a need has arisen for expenditures upon some +new service not provided for in the State Appropriation Act for +that year, or +(b) that the expenditures made during that financial year are in +excess of the amount authorized by the State Approp riation Act. +(2) The sums included in the supplementary estimates shall be +specified under the heads in a Supplementary Appropriation Bill. +210. V otes on Account : (1) Notwithstanding anything contained elsewhere in this +Part, a portion of the expenditure estimated for the financial year may, w hen a +State Appropriation Bill is under consideration, be incurred in advance under a +State Act. +(2) A V ote on Account Bill shall not be introduced until the estimates +of revenues and expenditures have been lai d in ac cordance with Article 207 , +and the sums involved in the V ote on Account shall not exceed one -third of the +estimate of expenditures for the financial year. +(3) The expenditures incurred in accordance with the State V ote on +Account Act shall be included in the State Appropriation Bill. +133 + 211. V otes of Credit : Notwithstanding anything contained elsewhere in this Part, if +owing to an emergency due to natural causes or other reasons, it appears to be +impractical or inexpe dient in view of the security or interest of the State to +specify the details required under clause (1) of Article 207 , the State Minister +for Finance may lay before the State Assembly a V ote of Credit Bill giving +only a statement of expenditures. +212. State Contingency Fund : (1) A State Act may create a Fund to be known as the +State Contingency Fund into which shall be paid from time to time such +moneys as may be determined by the State Act. +(2) The Fund under clause (1) shall be under the control of the State +Government. Any unforeseen expenditure may be met out of such Fund by the +State Government . + (3) The amount of the exp enditure under clause (2) shall be +reimbursed as soon as possible by the State Act. +213. Act r elating to financial p rocedures : Matters relating to the transfer of moneys +appropriated by the State Act from one head to another and other financial +procedures shall be as provided for in the State Act. + +134 + Part-17 +Local Executive +214. Executive p ower of Local Level : (1) The executive p ower of the Local Level +shall, pursuant to this Constitution and the Federal law, be vested in the Village +Executive or the Municipal Executive. +(2) The local executive power shall be as mentioned in Schedule -8 +and Schedule -9. +(3) The responsibility for is suing general directives, controlling an d +regulating the governance of the Village Body and the Municipal ity shall, +subject to this Constitution and other laws, lie in the Village Executive and the +Municipal Executive. +(4) The e xecutive functions of the Village Body and the Municipality +shall be performed in the name of the Village Executive and the Municipal +Executive. +(5) Any decision or order to be issued in the name of the Village +Executive and the Municipal Executive pursuant to clause (4 ) and other +instruments of authorization pertaining thereto shall be authenticated as +provided for in the Local law. +215. Provisions r elating to Chairperson and Vice -Chairperson of Village Executive: +(1) There shall be a Chairperson of Village Executive in eac h Village Body . +The Village Executive shall be formed under his or her chairpersonship. + (2) The Village Executive under clause (1) shall consist of one Vice - +Chairperson, Ward Chairperson elected from each Ward and members elected +pursuant to clause (4). +(3) The Chairperson and the Vice -Chairperson shall be elected by the +voters residing within the concerned Village Body area by secret ballots on the +135 + basis of one person one vote, in accordance with the first past the post electoral +system. +Explanation : For the purp oses of this Article, "Chairperson" and "Vice - +Chairperson" mean the Chairperson and the Vice -Chairperson of the Village +Executive. +(4) The members of the Village Executive shall also include four +women members elected by the members of the Village Assembly from +amongst themselves and two members elected by the Village Assembly from +the Dalit or minority communit ies, in possession of the qualification under +clause (5), no later than fifteen days after the final results of the election to the +Village Assembly under Article 222. +(5) A person who has the following qualification shall be qualified to +be elected to the office of the Chairperson, Vice -Chairperson, Ward +Chairperson and m ember : +(a) being a citizen of Nepal, +(b) having completed the age of twenty one years, +(c) being a voter whose name is included in the electo ral rolls +of the Village Body , +(d) not being disqualified by any law. +(6) The term of office of the Chairperson, Vice -Chairperson, Ward +Chairperson and m ember shall be five years after the date of being elected. +(7) A person who has been elected as the Chairperson for two terms +shall not be eligible to be a candidate in an election to t he Village Body . +(8) The office of the Chairperson, Vice -Chairperson, Ward +Chairperson or m ember shall become vacant in any of the following +circumstances: +136 + (a) if the Chairperson tenders resignation in writing to the +Vice-Chairperson, and if the Vice -Chairperson tenders +resignation before the Chairperson, +(b) if his or her term o f office expires, +(c) if he or she dies. +(9) If the seat falls vacant under clause (7) while the term of office of +the Chairperson or Vice -Chairperson still remains for more than one year , the +vacancy shall be filled through by -election for the remainder o f term . +216. Provisions r elating to Mayor and Deputy Mayor of Municipal Executive: (1) +Each Municipality shall have a Mayor . The Municipal Executive shall be +formed under his or her chairpersonship. + (2) The Municipal Executive under clause (1) shall consist of one +Deputy Mayor , Ward Chairper son elected from each Ward and m embers +elected pursuant to clause (4). +(3) The Mayor and the Deputy Mayor shall be elected by the voters +residing within the concerned Municipal area by secret ballots on the basis of +one person one vote, in accordance with the first past the post electoral system. +Explanation : For the purp oses of this Article, "Mayor " and " Deputy Mayor " +mean the Mayor and the Deputy Mayor of the Municipal Executive. +(4) The m embers of the Municipal Executive shall also include five +women members elected by the members of the Municipal Assembly from +amongst themselves and t hree members elected by the Municipal Assembly +from the Dalit or minority communities, in possession of the qualification +under clause (5), no later than fifteen days after the final results of the election +to the Municipal Assembly under Article 223 . +137 + (5) A person who has the following qualification shall be qualifi ed to +be elected to the office of the Mayor , Deputy Mayor , Ward Chairperson and +member: +(a) being a citizen of Nepal, +(b) having completed the age of twenty one years, +(c) being a voter whose name is included in the electoral rolls +of the Municipality , +(d) not being disqualified by any law. +(6) The term of office of the Mayor , Deputy Mayor , Ward +Chairperson and m ember shall be five years after the date of being elected. +(7) A person who has been elected as the Mayor for two terms shall +not be eligible to be a candidate in an election to the Municipality . +(8) The office of the Mayor , Deputy Mayor, Ward Chairperson or +Member shall become vacant in any of the following circumstances: +(a) if the Mayor tende rs resignation in writing to the Deputy +Mayor , and if the Deputy Mayor tenders resignation in +writing before the Mayor , +(b) if his or her term of office expires, +(c) if he or she dies. +(9) If the seat falls vacant under clause (8 ) while the term of office of +the Mayor or Deputy Mayor still remains fo r more than one year, the vacancy +shall be filled through by -election for the remainder of term. +217. Judicial Committee : (1) There shall be a three -member judicial committee to +be coordinated by its Vice -Chairperson in the case of a Village Body and by its +Deputy Mayor in the case of a Municipality , in order to settle disputes under +their respective jurisdictions in accordance with law. +138 + (2) The judicial committee under clause (1) shall consist of two +members elected by th e members of the Villag e Assembly or the Municipal +Assembly from amongst themselves. +218. Conduct of business of Village Executive and Municipal Executive : Allocation +and conduct of business of the Village Executive and the Municipal Executive +shall be carried out in accordance with the rules approved by the Village +Executive and the Municipal Executive , respectively. +219. Other provisions r elating to Local Level Executive : Other provisions relating +to the Local Level Executive, except those contained in this Part, shall be as +provided for in the Federal law, subject to this Constitution. +220. District Assembly and District Coordination Committee : (1) There shall be a +District Assembly to make coordinat ion between the Village Bodies and +Municipal ities within the district. + (2) The District Assembly shall consist of Chairpersons and Vice - +Chairpersons of Village Executives, and Mayors and Deputy Mayors of +Municipal Executives within the district. The first meeting of the District +Assembly shall be held no later than thirty days of the date of final results of +the election to the Village Assemblies and the Municipal Assemblies . + (3) The District Assembly shall elect the District Coordination +Committee consisting of a maximum of nine Members including one C hief, +one Deputy Chief , at least three women and at least one Dalit or minority. The +District Coordination Committee shall discharge all functions require d to be +discharged by the District Assembly. + (4) A Member of a Village Assembly or Municipal Assembly within +the concerned d istrict shall be eligible to be a candidate for the office of Chief, +Deputy Chief or Member of the District Coordination Committee. If elected to +the office of Chief, Deputy Chief or Member of the District Coordination +139 + Committee, his or her office of Membe r of Village Assembly or of Municipal +Assembly shall ipso facto lapse. + (5) The term of office of the Ch ief, Deputy Chief and m ember of the +District Coordination Committee shall be five years after the date of being +elected. + (6) The office of the Chief , Deputy Chief and m ember of the District +Coordination Committee shall become vacant in any of the following +circumstances: +(a) if the Chief tenders resignation in writing before the +Deputy Chi ef, and if the Deputy Chief or m ember tenders +resignation in writing before the Chief, +(b) if his or her term of office expires, +(c) if he or she dies. + (7) The functions, duties and powers of the District Assembly shall +be as follows: +(a) to make coordination between the Village Bodies and +Municipal ities within th e district, +(b) to monitor development and construction works to make balance +of such works, +(c) to make coordination between the Federal and the State +Government offices and Village Bodies and Municipal ities in the +district, +(d) to perform other functions as provided for in the State l aw. +(8) Provisions relating to the conduct of the District Assembly, +facilities of Members of the District Coordination Committee and other matters +relating to the District Assembly shall be as provi ded for in the State l aw. +140 + Part-18 +Local Legislature +221. Legislative p owers of Local Level : (1) The legislative powers of the Local +Level shall be vested in the Village Assembly and the Municipal Assembly , +subject to this Constitution . + (2) The legislative powers of the Village Assembly and the +Municipal Assembly shall be as mention ed in the lists contained in Schedule -8 +and Schedule -9. +222. Composition of Village Assembly : (1) Each Village Body shall have a Village +Assembly. +(2) A Village Assemb ly under clause (1) shall consist of the +Chairperson and Vice -Chairperson of the Village Executiv e, Ward +Chairpersons, and four m embers elected from each ward and Members of the +Village Executive elected from Dalit and minority communities pursuant to +clause (4) of Article 215. +(3) A Village Assembly to be formed under clause (1) shall have +representation of at least two women f rom each ward. +(4) Each ward of a Village Body under the Federal l aw shall have a +Ward Committee composed of the Ward Chairperson and four m embers. Such +Ward Chairperson and Ward m embers shall be elected in accordance with the +first past the post electoral system. +(5) Every person who has completed the age of eighteen years and +whose name is included in the electo ral rolls of the Vil lage Body shall have a +right to vote as provided for in the Federal law. +(6) A person who has the following qualification shall be qualified to +become a candidate for the office of the Member of the Village Assembly: +141 + (a) being a citizen of Nepal, +(b) having completed the age of twenty one years, +(c) being his or her name included in the electo ral rolls of the +Village Body , and +(d) not being disqualified by any law. +(7) Matters relating to the election to the Village Assembly and other +matters pertaining th ereto shall be as provided for in the Federal l aw. +223. Composition of Municipal Assembly : (1) Each Municipality shall have a +Municipal Assembly. +(2) A Municipal Assembly under clause (1) shall consist of the +Mayor and the Deputy Mayor of the Municipal Executiv e, Ward Chairpersons, +and four m embers elected from each Ward and m embers of the Municipal +Executive elected from Dalit or minority communities pursuant to clause (4) of +Article 21 6. +(3) A Municipal Assembly to be formed under clause (1) shall have +representation of at least two women f rom each W ard. +(4) Each ward of a Municipality shall have a Ward Committee +composed of one Ward Chairperson and four m embers as provided for in the +Federal law . Such Ward Chair person and Ward m embers shall be elected in +accordance with the first past the post electoral system. +(5) Every person who has completed the age of eighteen years and +whose name is included in the electoral rolls of the Municipality shall have a +right to v ote as provided for in the Federal l aw. +(6) A person who has the following qualification shall be qualified to +be a candidate for the office of m ember of the Municipal Assembly: +(a) being a citizen of Nepal, +142 + (b) having completed the age of twenty one years, +(c) being his or her name included in the electoral rolls of the +Municipality , and +(d) not being disqualified by any law. +(7) Matters relating to the election to the Municipal Assembly and +other matters pertaining thereto shall be as provided for in the Federal l aw. +224. Chairperson and Vice -Chairperson of Village Assembly and Municipal +Assembly : The Chairperson and Vice -Chairperson of a Village Executive and +the Mayor and Deputy Mayor of a Municipal Executive shall ipso facto be the +Chairperson and Vice -Chairperson of the Village Assembly and the Municipal +Assembly, respectively, and perform functions as such. +225. Term of Village Assembly and Municipal Assembly : The term of a Village +Assembly and of a Municipal Assembly shall be five years for the date of +election. Another Village Assembly and Municipal Assembly shall be elected +not later than six months of the expiration of such a term. +226. Powers to make l aw: (1) A Village Assembly and a Municipal Assembly may +make necessary laws on the matters set forth in the Lists contained in +Schedule -8 and Schedule -9. + (2) The process for making laws under clause (1) shall be as +provided for in the State Law. +227. Other provisions relating t o Village Assembly and Municip al Assembly : Other +matters relating to the conduct of business of a Village Assembly and +Municipal Assembly, rules of procedures of meetings, formation of +committees, con ditions in which the office of m ember falls va cant, facilities +receivable by m embers o f the Village Assembly and Municipal Assembly and +employees an d offices of the Village Body and Municipality shall be as +provided for in the State l aw. +143 + Part-19 +Local Financial Procedure s +228. No tax to be levied or loan to be r aised : (1) No tax shall be levied and collected +and no loan raised in the Local l evel except in accordance with law. +(2) The Local l evel may levy tax by law on matters falling within its +domain without prejudice to national economic policies, carriage of goods and +services, capital and labo ur market, a nd the neighbouring State or Local l evel. +229. Local Consolidated Fund : (1) Each Village Body and Municipality under the +Local Level shall have one Local Consolidate Fund. A ll revenues received by +the Village Body or Municipality , any amounts of grants received from the +Government of Nepal and the State Government, all loans raised by the Village +Body and Municipality , and amounts received from other sources shall be +credited to such a Fund. + (2) Matters relating to expenditures from the Local Consolidated +Fund under clause (1) shall be as provided for in the L ocal law. +230. Estimates of revenues and e xpenditures of Village Body and Municipality : (1) +The Village Executive and the Municipal Executive sh all, subject to this +Constitution, lay an estimate of revenues and expenditures of every financial +year before, and have the estimate pa ssed by, the Village Assembly and the +Municipal Assembly , respectively , as provided for in the Local law. + (2) If, in laying an estimate of revenues and expenditures under +clause (1), the Village Executive or Municipal Executive is required to make a +deficit budget, it must purpose also the sources to meet the deficit as provided +for in the Federal l aw and the State l aw. + +144 + Part-20 +Interrelations between Federation , State and Local Level +231. Legislative i nterrelations between Federation and States : (1) The Federal Law +may be made to be applicable to the whole of, or, if required, to any part of, the +territory of Nepal. +(2) A State law may be made to be applicable to the whole of, or as +required , to any part of the territory of the State. +(3) If two or more States make a request to the Government of Nepal +to make laws on any matter enumerated in Schedule -6, the Federal Parliament +may make necessary laws. Suc h laws shall be applicable only to the concerned +States. +232. Relations between Federation , State and Local l evel: (1) Th e relations between +the Federation, States, and Local l evel shall be based on the principles of +cooperation, co-existence and coordination. +(2) The Government of Nepal may, pursuant to this Constitution and +the Federal Law, give necessary directions to any State Council of Ministers on +matters of national importance and on matters to be coordinated between the +States, and it shall be the duty of the concerned State Council of Ministers to +abide by such directions. +(3) If any such type of act as may seriously undermine the +sovereignty, territorial integrity, nationality or independence of Nepal is carried +out in an y State, the President may , as required, warn such State Council of +Ministers , suspend or dissolve the State Council of Ministers and the State +Assembly for a period not exceeding six months . +(4) Any suspension or dissolution of any State Council of Minist ers +and State Assembly m ade pursuant to clause (3 ) must get ratified by a two - +145 + thirds majority of the total number of the then members of the Federal +Parliament within thirty five days. +(5) If dissolution made pursuant to clause (3) is ratified by the +Federal Parliament, election to the State Assem bly shall be held in such State +within six months. +Provided that such suspension or dissolution shall ipso facto be invalid +if it is not ratified by the Federal Parliament . +(6) The Federal ruling shall apply t o such State during the period of +such suspension if the suspension made pursuant to clause (3) is ratified +pursuant to clause (4 ) and until election to the State Assembly is held pursuant +to clause (5). + (7) During the continuance of the Federal rule, the Federal +Parliament may make laws with respect to an y matter enumerated in the List +contained in Schedule -6. Such laws shall continue to exist until repealed by +other laws made by the concerned State Assembly. +(8) The Government of Nepal may, directly or through the State +Government, render necessary assistance to, and give necessary directives to, +any Village Executive or Municipal Executive, pursuant to this Constitution +and the Federal l aw. It shall be the duty of the Village Executive or Munic ipal +Executive to abide by such directives. +233. Relations between States : (1) One State shall render assistance in the execution +of legal provisions or judicial and administrative decisions or orders of another +State. +(2) A State may exchange information and consult with another State +on matters of common concern and interest, coordinate each other on their +activities and legislations and extend mutual assistance. +146 + (3) A State shall , in accordance with its State l aw, provide equal +security, treatment and facility to residents of another State. +234. Inter-State Council : (1) There shall be an Inter -State Council as follows to +settle political disputes arising between the Federation and a State and between +State s: +(a) Prim e Minister - Chairperso n +(b) Minister for Home Affairs of the Government of Nepal - Member +(c) Minister for Finance of the Government of Nepal - Member +(d) Chief Ministers of the concerned State s - Member +(2) The Inter-State Council may meet as required. +(3) The Inter -State Council may invite to its meeting a Minister of +the Government of Nepal and a Minister of the concerned State who is +responsible for the matter of dispute and a concerned exp ert. +(4) The rules of procedures of the meeting of the Inter -State Council +shall be as determined by the Council itself. +235. Coordination between Federation , State and Local Level : (1) The Federal +Parliament shall make necessary laws in order to maintain coordination +between the Federation , State and Local l evel. + (2) The State Assembly may maintain coordination between the +State and Village Bodies or Municipalities and settle political disputes, if any, +that have arisen, in coordination with the conc erned Village Body , +Municipality and the District Coordination Committ ee. + (3) The processes and procedures for the settlement of disputes +under clause (2) sha ll be as provided for in the State l aw. +236. Inter-State trade: Notwithstanding anything contained elsewhere in this +Constitution, it is prohibited to make any kind of obstruction to the carriage of +147 + goods or extension of services by a State or Local level to another State or +Local l evel or to the carriage of goods or extension of services to any State or +Local Level or to levy tax, fee or charge thereon or to make any kind of +discrimination on the carriage or extension of such services or goods. +237. Not to affect j urisdiction of Constitutional Bench of Supreme Court : Nothing +contained in this Part shall affect the jurisdiction of the Constitutional Bench of +the Supreme Court under Article 13 7. + +148 + Part-21 +Commission for the Investigation of Abuse of Authority +238. Commission for the Investigation of Abuse of Authority : (1) There shall be a +Commission for the Investigation of Abuse of Authority of Nepal, consisting of +the Chief Commissioner and four other Commissioners. The Chief +Commissioner shall act as the C hairperson of the Commission for the +Investigation of Abuse of Authorit y. +(2) The President shall, on recommendation of the Constitutional +Council, appoint t he Chief Commissioner and Commissioners. +(3) The term of office of the Chief Commissioner and +Commissioners shall be six yea rs from the date of appointment. +(4) Notwiths tanding anything contained in clause (3), the office of +the Chief Commissioner or a Commissioner shall be vacant in any of the +following circumstances: +(a) if he or she tenders resignation in writing to the President , +(b) if he or she attains the age of si xty-five years, +(c) if a motion of impeachment is passed against him or her +under Article 101, +(d) if he or she is removed from office by the President on +recommendation of the Constitutional Council on grounds +of his or her inability to hold office and di scharge the +functions due to physical or mental illness, +(e) if he or she dies. +(5) The Chief Commissioner and Commissioner s appointed under +clause (2) shall not be eligible for reappointment. +149 + Provided that a Commissioner may be appointed to the office of Chief +Commissioner, and when a Commissioner is so appointed as the Chief +Commissioner, his or her term of office shall be so computed as to include his +or her term as the Commissioner. +(6) A person shall be eligible to be appointed as the Chief +Commission er or a Commissioner of the Commission for the Investigation of +Abuse of Authority if he or she possesses the following qualification: +(a) holding a bachelor's degree from a recognized university, +(b) not being a member of any political party at the time o f +appointment, +(c) having gained at least twenty years of experiences in the +field of either accounting, revenue, engineering, law, +development or research and being a distinguished person, +(d) having attained the age of forty five years, and +(e) being of high moral character. +(7) The remuneration and other conditions of service of the Chief +Commissioner and the Commissioners shall be as provided for in the Federal +law. The remuneration and conditions of service of the Chief Commissioner +and the Commissioners shall not, so long as they hold office, be altered to their +disadvantage. +Provided that this provision shall not apply in cases where a state of +emergency is declared because of extreme economic disarrays. +(8) A p erson once appointed as the C hief Commissioner or +Commissioner shall not be eligible for appointment in other government +service. +150 + Provided that nothing in this clause shall be deemed to be a bar to the +appointment to any political position or to any position which has the +responsibili ty of making investigations, inquiries or findings on any subject, or +to any position which has the responsibility of submitting advice, opinion or +recommendation after carrying out a study or research on any subject. +239. Functions, duties and powers of t he Commission for the Investigation of Abuse +of Authority : (1) The Commission for the Investigation of Abuse of Authority +may, in accordance with law, co nduct, or cause to be conducted, investigations +of any abuse of authority committed through cor ruption by any person holding +public office. +Provided that this clause shall not apply to any official in relation to +whom this Constitution itself separately provides for such action and to any +official in relation to whom other law provides for a separate specia l provision. +(2) In the case of the persons who can be removed from office by +passing a motion of impeachment under Article 101 , the Judges who can be +removed by the Judicial Council and the persons who are liable to action under +the Army Act, it may cond uct, or cause to be conducted, investigations in +accordance with the Federal l aw after they have been removed from office. +(3) If the Commission for the Investigation of Abuse of Authority +finds, on investigation conducted pursuant to clause (1) or (2), that a person +holding public office has committed an act which is defined by law as +corruption, it may file, or cause to be filed, a case against that person and other +person involved in that offense in the competent court in accordance with law. +(4) If, on investigation conducted pursuant to clause (1) or (2), any +act or action done or taken by a person holding public office appears to be of +such nature as to be falling under the jurisdiction of another official or body, +151 + the Commission for the Investigatio n of Abuse of Authority may write to the +concerned official or body for necessary action. +(5) The Commission for the Investigation of Abuse of Authority may +delegate any of its functions, duties and powers on the conducting of +investigations or filing case s, to the Chief Commissioner, a Commissioner or +an officer employee of the Government of Nepal to be exercised and complied +with subject to the specified conditions. +(6) Other functions, duties and powers and rules of procedure of the +Commission for the In vestigation of Abuse of Authority shall be as provided +for in the Federal law. + +152 + Part-22 +Auditor General +240. Auditor General : (1) There shall be an Auditor General of Nepal. +(2) The President shall, on the recommendation of the Constitutional +Council, app oint the Auditor General. +(3) The term of office of the Auditor General shall be six years from +the date of appointment. +(4) Notwithstanding anything contained in clause (3), the office of +the Auditor General shall be vacant in any of the following circum stances: +(a) if he or she tenders resignation in writing to the President, +(b) if he or she attains the age of sixty -five years, +(c) if a motion of impeachment is passed against him or her +under Article 101, +(d) if he or she is removed from office by the President on +recommendation of the Constitutional Council on grounds +of his or her inability to hold office and discharge the +functions due to physical or mental illness, +(e) if he or she dies. +(5) The Auditor Ge neral appointed under clause (2) shall not be +eligible for reappointment. +(6) A person shall be eligible to be appointed as the Auditor General +if he or she possesses the following qualification: +(a) having served in the Special Class of the Government of +Nepal or having at least twenty years of experiences in +audit related work , after having obtained a bachelor's +153 + degree in management, commerce or accounting from a +recognized university or having passed a chartered +accountancy examination, +(b) not being a m ember of any political party at the time of +appointment, +(c) having attained the age of forty five years, and +(d) being of high moral character. +(7) The remuneration and conditions of service of the Auditor +General shall be as provided for in the Federal l aw. The remuneration and +conditions of service of the Auditor General shall not, so long as he or she +holds office, be altered to his or her disadvantage. +Provided that this provision shall not apply in cases where a state of +emergency is declared because of extreme economic disarrays. +(8) A person once appointed as the Auditor General shall not be +eligible for appointment in another government service. +Provided that nothing in this clause shall be deemed to be a bar to the +appointment to any political posi tion or to any position which has the +responsibility of making investigations, inquiries or findings on any subject, or +to any position which has the responsibility of submitting advice, opinion or +recommendation after carrying out a study or research on a ny subject. +241. Func tions, duties and powers of Auditor -General : (1) The accounts of all +Federal and State Government Offices including the Office of the President, +Office of the Vice -President, Supreme Court, Federal Parliament, State +Assembly, State Gov ernment, Local level , Constitutional Bod ies and Offices +thereof, C ourts, Office of the Attorney General , Nepal Army, Nepal Police and +Armed Police Force , Nepal shall be audited by the Auditor -General in +154 + accordance with law, having regard to , inter alia , the regularity, economy, +efficiency, effectiveness and the propriety thereof. +(2) The Auditor General shall be consulted in the matter of +appointment of an auditor to carry out the audit of a corporate body of which +the Government of Nepal or State Govern ment owns more than fifty percent of +the shares or assets. The Auditor General may also issue necessary directives +setting forth the principles for carrying out the audit of such corporate body. +(3) The Auditor General shall, at all times, have power to ex amine +any books of accounts for the purpose of carrying out the functions under +clause (1). It shall be the duty of the concerned chief of office to provide all +such documents and information as may be demanded by the Auditor General +or any of his or her e mployees. +(4) The accounts to be audit ed pursuant to clause (1) shall be +maintained in the form prescribed by the Auditor General , as provided for in +the Federal l aw. +(5) In addition to the accounts of the offices mentioned in clause (1), +the Federal law m ay also require the accounts of any other office s or bodies to +be audited by the Auditor General. + +155 + Part -23 +Public Service Commission +242. Public Service Commission : (1) There shall be a Public Service Commission +of Nepal, consisting of the Chairperson and four other Members. +(2) The President shall, on the recommendation of the Constitutional +Council, appoint the Chairperson and Members. +(3) At least fifty percent of the tota l number of Members of the +Public Service Commission shall be appointed from amongst the persons who +have worked for twenty or more in any government service, and the rest of the +Members shall be appointed from amongst the persons who hold reputation +after having done research, investigation, teaching or any other significant +work in the field of science, technology, art, literature, law, public +administration, sociology or other sphere of national life. +(4) The term of office of the Ch airperson and Members of the Public +Service Commission shall be six years from the date of appointment. +(5) The Chairperson and Members appointed under clause (2) shall +not be eligible for reappointment. +Provided that a Member may be appointed to the office of Chairperson, +and when a Member is so appointed as the Chairperson, his or her term of +office shall be so computed as to include his or her term as the Member. +(6) Notwithstanding anything contained in clause (4 ), the office of +the Ch airperson or a Member of the Public Se rvice Commission shall be +vacant in any of the following circumstances: +(a) if he or she tenders resignation in writing to the President, +(b) if he or she attains the age of sixty -five years, +156 + (c) if a motion of impeachment is passed against him or her +unde r Article 101, +(d) if he or she is removed from office by the President on +recommendation of the Constitutional Council on grounds +of his or her inability to hold office and discharge the +functions due to physical or mental illness, +(e) if he or she dies. +(7) A person shall be eligible to be appointed as the Chairperson or a +member of the Public Service Commission if he or she possesses the following +qualification: +(a) holding a maste r's degree from a recognized university, +(b) not being a member of any political party at the time of +appointment, +(c) having attained the age of forty five years, and +(d) being of high moral character. +(8) The remuneration and other conditions of service of the +Chairperson and the m embers of the Publi c Service Commission shall be as +provided for in the Federal l aw. The remuneration and conditions of service of +the Chairperson and the Members of the Public Service Commission shall not, +so long as they hold office, be altered to their disadvantage. +Provided that this provision shall not apply in cases where a state of +emergency is declared because of extreme economic disarrays. +(9) A person once appoin ted as the Chairperson and the m embers of +the Public Service Commission shall not be eligible for ap pointment in other +government service. +157 + Provided that nothing in this clause shall be deemed to be a bar to the +appointment to any political position or to any position which has the +responsibility of making investigations, inquiries or findings on any subj ect, or +to any position which has the responsibility of submitting advice, opinion or +recommendation after carrying out a study or research on any subject. +243. Functions, duties and powers of the Public Service Commission : (1) It shall be +the duty of the Public Service Commission to conduct examinations for the +selection of suitable candidates to be appointed to the positions in the Civil +Service. +Explanation : For the p urposes of this Article, "positions in the Civil +Service" mean s all positions in the services of the Government of Nepal, other +than the positions in the services of Army personnel, Nepal Police or Armed +Police Force, Nepal and such other positions in the services as are excluded by +an Act from the Civil Service . +(2) The Public Service Commission shall conduct written +examinations to be given for appointment to the offices of the Nepal Army, +Nepal Police, Armed Police Force, Nepal, other Federal governmental services +and of bodies corporate, other than the positions in the Civil Service. +Explanation : For the pur poses of this Article, "body corporate" means a +corporation, company, bank or board of which more than fifty percent or more +of the shares or assets is owned or controlled by the Government of Nepal , +except a uni versity or Education Service Commission, or a commission, +corporation, authority, body, academy, board, centre, council and other body +corporate of similar nature established under the Federal l aw or formed by the +Government of Nepal. +(3) The Public S ervice Commission shall be consulted on the general +principles to be followed in the course of making appointment and promotion +158 + to any position of the Nepal army, Nepal Police, Armed Poli ce Force, Nepal +and other Federal government service s. +(4) The Public Service Commission shall be consulted on the laws +relating to the conditions of service of the employees in the service of a body +corporate and on the general principles to be followed in the course of making +promotion to any position of such service and taking departmental action +against any such employee. +(5) No permanent appointment to any pensionable position +chargeable on the Government of Nepal shall be made except in consultation +with the Public Service Commission. +(6) The Public Service Commission shall be consulted on the +following subjects: +(a) matters concerning the law relating to the conditions of +service of the Federal Civil Service; +(b) the principles to be followed in making appointments to, +promotions to, the Federal Civil Service or positions thereof +and taking departmental action; +(c) matters concerning the suitability of an y candidate for +appointment to the Federal Civil Service position for a period +of more than six months; +(d) matters concerning the suitability of any candidate for +transfer or promotion from a position in one type of Federal +Civil Service to a position in other type of Federal Civil +Service or transfer or promotion from other government +service to the Federal Civil Service or for a change in service +or transfer from a position in a State Civil Service to a +159 + position in the Federal Civil Service or from a position in the +Federal Civil Service to a State Civil Service, +(e) matters concerning the permanent transfer or promotion of an +employee working in any position which does not require +consultation with the Public Service Commission to any +position which requires consultation with the Public S ervice +Commission; and +(f) matters relating to departmental action against any employee +of the Federal Civil Service. +(7) Notwithstanding an ything contained in clause (6 ), matters falling +within the jurisdiction of the Judicial Service Commission under A rticle 15 4 +shall be governed by that Article. +(8) The Public Service Commission may so delegate any of its +functions, duties and powers to its Chairperson or Member, an employee of the +Government of Nepal as to be exercised and complied with subject to the +specified conditions. +(9) Other functions, duties and powers and rules of procedure of the +Public Service Commission shall be as provided for in the Federal l aw. +244. Provisions r elating to State Public Service Commission : (1) Each State shall +have a State Public Service Commission. + (2) The f unctions, duties and powers of the State Public Service +Commission shall be as provided for in the State l aw. +(3) The Federal Parliament shall by law determine grounds and +standards for the purposes of clause (2 ). + +160 + Part-24 +Election Commission +245. Election Commission : (1) There shall be an Election Commission of Nepal, +consisting of a Chief Commissioner and four other Commissioners. The Chief +Commissioner shall act as the chairperson of the Election Commission. +(2) The President shall, on the recommendation of the Constitutional +Council, appoint the Chief Election Commissioner and Commissioners. +(3) The term of office of the Chief Election Commissioner and +Commissioners of the Election Commission shall be six years from the date of +appointment. +(4) Notwithstanding anything contained in clause (3 ), the office of +the Chief Election Commissioner or Election Commissioner shall be vacant in +any of the following circumstances: +(a) if he or she tenders resignation in writing to the President, +(b) if he or she attains the a ge of sixty -five years, +(c) if a motion of impeachment is passed against him or her +under Article 101, +(d) if he or she is removed from office by the President on +recommendation of the Constitutional Council on grounds +of his or her inability to hold offic e and discharge the +functions due to physical or mental illness, +(e) if he or she dies. +(5) The Chief Election Commissioner and Commissioners appointed +under clause (2) shall not be eligible for reappointment. +Provided that a Commissioner may be appointe d to the office of Chief +Election Commissioner , and when a Commissioner is so appointed as the Chief +161 + Election Commissioner , his or her term of office shall be so computed as to +include his or her term as the Commissioner . +(6) A person shall be eligible to be appointed as the Chief Election +Commissioner or a n Election Commissioner if he or she possesses the +following qualification: +(a) holding a bachelo r's degree from a recognized university, +(b) not being a member of any political party at the time of +appoi ntment, +(c) having attained the age of forty five years, and +(d) being of high moral character. +(7) The remuneration and other conditions of service of the Chief +Election Commissioner and Election Commissioners shall be as provided for in +the Federal l aw. The remuneration and conditions of service of the Chief +Election Commissioner and the Commissioners shall not, so long as they hold +office, be altered to their disadvantage. +Provided that this provision shall not apply in cases where a state of +emergency is declared because of extreme economic disarrays. +(8) A person once appointed as the Chief Election Commissioner +and a Commissioner of the Election Commission shall not be eligible for +appointment in other government service. +Provided that nothing in this clause shall be deemed to be a bar to the +appointment to any political position or to any position which has the +responsibility of making investigations, inquiries or findings on any subject, or +to any position which has the responsibility of submitting a dvice, opinion or +recommendation after carrying out a study or research on any subject. +162 + 246. Functions, duties and powers of the Election Commission : (1) The Election +Commission shal l, subject to this Constitution and the Federal l aw, conduct, +supervise, direct and control the election to the President, Vice -President, +members of the Federal Parliament, members of State A ssemblies and +members of Local l evel. For these purposes, the Election Commission shall +prepare electoral rolls. +(2) The Election Commission shall hold a referendum on a matter of +national importance pursuant to this Constitution and the Federal l aw +(3) If, after nomination of candidacy for the President, Vic e- +President, member of the Federal Parliament, member of State Assemblies or +member of Local l evel h as been filed but before the election results are +declared , a question arises about the qualification of a candidate, the Election +Commission shall decide that question. +(4) The Election Commission may so delegate any o f its functions, +duties and powers to the Chief Election Commissioner, Election Commissioner +or any government employee as to be exercised and complied with subject to +the specified conditions. +(5) Other functions, duties and powers and rules of procedure of the +Election Commission shall be as provided for in the Federal l aw. +247. To provide necessary assistance to Election Commission : The Government of +Nepal , State Government and Local Government shall provide such employees +and other assistance to the Election Commission as may be required to perform +its functions pursuant to this Constitution. + +163 + Part-25 +National Human Rights Commission +248. National Human Rights Commission : (1) There shall be a National Human +Rights Commission of Nepal, consisting of a Chairperson and four other +members . +(2) The President shall, on the recommendation of the Constitutional +Council, appoint the Chairperson and members . +(3) The term of office of the Chairperson and members of the +National Human Rights Commission shall be six years from the date of +appointment. +(4) The Chairperson and m embers appointed under clause (2) shall +not be eligible for reappointment. +Provided that a Member may be appointed to the off ice of Chairperson, +and when a m ember is so appointed as the Chairperson, his or her term of +office shall be so computed as to include his or her term as the Member. +(5) Notwithstanding anything contained in clause (3 ), the office of +the Ch airperson or m ember of the National Human Rights Commission shall +be vacant in any of the following circumstances: +(a) if he or she tenders resignation in writing to the President, +(b) if a motion of impeachment is passed against him or her +under Article 101, +(c) if he or she is removed from office by the President on +recommendation of the Constitutional Council on grounds +of his or her inability to hold office and discharge the +functions due to physical or mental illness, +(d) if he or she dies. +164 + (6) A person sha ll be eligible to be appointed as the Ch airperson or a +member of the National Human Rights Commission if he or she possesses the +following qualification: +(a) in the case of the Chairperson, being a retired Chief Justice or +retired Judge of the Supreme Cour t and having rendered +outstanding contribution to the protection and promotion of +human rights or being a renowned person having been active for +at least twenty years in and rendered outstanding contribution to +the protection and promotion of human rights or to various fields +of national life, +(b) in the case of a Member, being a person being involved in the +field of the protection and promotion of human rights or rights +and interests of the child or being a renowned person having been +active for at least t wenty years in and rendered outstanding +contribution to various fields of national life, +(c) holding a bachelor's degree from a recognized university, +(d) having attained the age of forty five years, +(e) not being a member of any political party at the time of +appointment, +(f) being of high moral character. +(7) The remuneration and other conditions of service of the +Chairperson and members of the National Human Rights Commission shall be +as provided for in the Federal law. The remuneration and conditions of service +of the Chairperson and m embers of the National Human Rights Commission +shall not, so long as they hold office, be altered to their disadvantage. +Provided that this provision shall not apply in cases where a state of +emergency is declared because of extreme economic disarrays. +165 + (8) A person once appointed as the Chairperson or a m ember of the +National Human Rights Commission shall not be eligible for appointment in +other government service. +Provided th at nothing in this clause shall be deemed to be a bar to the +appointment to any political position or to any position which has the +responsibility of making investigations, inquiries or findings on any subject, or +to any position which has the responsibili ty of submitting advice, opinion or +recommendation after carrying out a study or research on any subject. +249. Functions, duties and powers of National Human Rights Commission : (1) It +shall be the duty of the National Hum an Rights Commission to respect, pr otect +and promote human rights and ensure effective enforcement thereof. +(2) For the accomplishment of the duty mentioned in clause (1), the +National Human Rights Commission shall perform the following functions: +(a) to inquire, on its own initiative or on petition or complaint +presented in or sent to the Commission by a victim or any person +on his or her behalf or on information received by the +Commission from any source, into and investigate complaints of +violations of human rights of an individual or gro up or abetment +thereof, and make recommendation for action against the +perpetrators , +(b) if any official who has the responsibility or duty to prevent +violations of human rights fails to fulfill or perform his or her +responsibility or duty or shows reluctance in the fulfillment or +performance of his or her responsibility or duty, to make +recommendation to the concerned authority to take department al +action against such official, +166 + (c) if it is required to institute a case against any person or +organiza tion who has violated human rights, to make +recommendation to file a case in the court in accordance with +law; +(d) to coordinate and collaborate with the civil society in order to +enhance awareness on human rights, +(e) to make recommendation, accompanied by the reasons and +grounds, to the concerned body for taking departmental action +against and imposing punishment on those who ha ve violated +human rights, +(f) to carry out periodic reviews of the relevant laws relating to +human rights and make recommendatio n to the Government of +Nepal for necessary improvements in and amendments to such +laws, +(g) if Nepal has to become a party to any international treaty or +agreement on human rights, to make recommendation, +accompanied by the reasons therefor, to the Govern ment of +Nepal; and monitor whether any such treaty or agreement to +which Nepal is already a party has been implemented, and if it is +found not to have been implemented, to make recommendation +to the Government of Nepal for its implementation, +(h) to publis h, in accordance with law, the names of the officials, +persons or bodies who have failed to observe or implement any +recommendations or directives made or given by the National +Human Rights Commission in relation to the violations of human +rights, and reco rd them as violators of human rights. +167 + (3) In discharging its functions or performing its duties, the National +Human Rights Commission may exercise the following powers: +(a) to exercise all such powers as of a court in respect of the +summoning and enforcin g the attendance of any person before +the Commission and seeking and recording his or her information +or statements or depositions, examining evidence an d producing +exhibits and proofs, +(b) on receipt of information by the Commission in any manner that +a serious violation of human rights has already been committed +or is going to be committed, to search any person or his or her +residence or office, enter such residence or office without notice, +and, in the course of making such search, take possession of any +document, evidence or proof related wit h the violation of human +rights, +(c) in the event of necessity to take action immediately on receipt of +information that the human rights of any person are being +violated, to enter any government office or any other place +withou t notice and rescue such person, +(d) to order for the provision of compensation in accordance with +law to any person who is a victim of the violations of human +rights; +(4) The National Human Rights Commission may so delegate any of +its function s, duties and powers to the Chairperson of the Commission, any of +its Members or a government employee as to be exercised and complied with +subject to the specified conditions. +168 + (5) Other functions, duties and powers and rules of procedure of the +National H uman Rights Commission shall be as provided for in the F ederal +law. +Part-26 +National Natural Resources and Fi scal Commission +250. National Natural Resources and Fiscal Commission : (1) There shall be a +National Natural Resources and Fiscal Commission of Nepal, consisting of a +maximum of five members including a Chairperson. +(2) The President shall, on the recommendation of the Constitutional +Council, appoint the Chairperson and members of the National Natural +Resources and Fiscal Commission. +(3) The term of office of the Chairperson and members of the +National Natural Resources and Fiscal Commission shall be six years from the +date of appointment. +(4) Notwithstanding anything contained in cla use (3), the office of +the Chairperson or m ember of the National Natural Resources and Fiscal +Commission shall be vacant in any of the following circumstances: +(a) if he or she tenders resignation in writing to the President, +(b) if he or she attains the age of sixty -five years, +(c) if a motion of impeachment is passed against him or her +under Article 101, +(d) if he or she is removed from office by the President on +recommendation of the Constitutional Council on grounds +of his or her inability to hold office and discharge the +functions due to physical or mental illness, +(e) if he or she dies. +169 + (5) The Chairperson and m embers appointed under clause (2) shall +not be eligible for reappointment. +Provided that a m ember may be appointed to the off ice of Chairperson, +and when a m ember is so appointed as the Chairperson, his or her term of +office shall be so computed as to include his or her term as the m ember. +(6) A person shall be eligible to be appointed as the Chairperson or a +member of th e National Natural Resources and Fiscal Commission if he or she +possesses the following qualification: +(a) having gained expertise upon being active for at least twenty +years in the field of natural resources or fiscal management, +economic s, law, management, after holding a bachelor's degree in +the relevant subject from a recognized university, +(b) not being a member of any political party at the time of +appointment, +(c) having attained the age of forty five years, +(d) being of high moral ch aracter. +(7) The remuneration and other conditions of service of the +Chairperson and m embers of the National Natural Resources and Fiscal +Commission s hall be as provided for in the Federal l aw, and their remuneration +and conditions of service shall not, so long as they hold office, be altered to +their disadvantage. +Provided that this provision shall not apply in cases where a state of +emergency is declared because of extreme economic disarrays. +(8) A person once appointed as the Chairperson or a m ember of t he +National Natural Resources and Fiscal Commission shall not be eligible for +appointment in other government service. +170 + Provided that nothing in this clause shall be deemed to be a bar to the +appointment to any political position or to any position which ha s the +responsibility of making investigations, inquiries or findings on any subject, or +to any position which has the responsibility of submitting advice, opinion or +recommendation after carrying out a study or research on any subject. +251. Functions, duti es and powers of National Natural Resources and Fiscal +Commission : (1) The functions, duties and powers of the National Natural +Resources and Fiscal Commission shall be as follows: +(a) to determine detailed basis and modality for the distributi on of +revenu es between the Federal , State and Loc al Governments out +of the Federal Consolidated Fund in accordance with the +Constitution and law, +(b) to make recommendation about equalization grants to be +provided to the State and Lo cal Governments out of the Federal +Consolidated Fund, +(c) to conduct study and research work and prepare parameters as to +conditional grants to be provided to the State and Local +Governments in accordance with national policies and programs, +norms/standards and situation of infrastructures , +(d) to determine detai led basi s and modality for the distribution of +revenues between the State and Local Governments out of the +State Consolidated Fund, +(e) to recommend measures t o meet expenditures of the Federal , +State and Local Governments, and to reform revenue collection, +(f) to analyze macro -economic indicators and recommend ceiling of +internal loans that the Federal , State and Local Governments can +borrow, +171 + (g) to review the bases for th e distribution between the Federal and +State Governments of revenues and recommend for revision, +(h) to set bases for the determination of shares of the Government of +Nepal, State Government and Local l evel in investments and +returns, in the mobilization of natural resources, +(i) to do study and research work on po ssible disputes that may arise +between the Federation and the States, between State s, between a +State and a Local level, and between Local levels , and make +suggestions to act in a coordinated manner for the prevention of +such disputes. +(2) The National Na tural Resources and Fiscal Commission shall +carry out necessary study and research work about environmental impact +assessment required in the course of distribution of natural resources, and make +recommendations to the Government of Nepal. +(3) Other functions, duties and powers and rules of procedure of the +National Natural Resources and Fiscal Commission , detailed bases required to +be followed in the mobilization of natural resources or distribution of revenues, +and other matters including cond itions of service of the officials of the +Commission shall be as provided for in the Federal l aw. + +172 + Part-27 +Other Commissions +252. National Women Commission : (1) There shall be a National Women +Commission of Nepal, consisting of a Chairperson and four othe r members. +(2) The President shall, on the recommendation of the Constitutional +Council, appoint the Chairperson and members of the National Women +Commission. +(3) The term of office of the Chairperson and members of the +National Women Commission shall be six years from the date of appointment. +(4) Notwithstanding anything contained in clause (3), the office of +the Chairperson or member of the National Women Commission shall be +vacant in any of the following circumstances: +(a) if he or she tenders resignat ion in writing to the President, +(b) if he or she attains the age of sixty -five years, +(c) if a motion of impeachment is passed against him or her +under Article 101, +(d) if he or she is removed from office by the President on +recommendation of the Constitutional Council on grounds +of his or her inability to hold office and discharge the +functions due to physical or mental illness, +(e) if he or she dies. +(5) The Chairperso n and members appointed under clause (2) shall +not be eligible for reappointment. +Provided that a member may be appointed to the office of Chairperson, +and when a member is so appointed as the Chairperson, his or her term of +office shall be so computed as to include his or her term as the member. +173 + (6) A person shall be eligible to be appointed as the Chairperson or a +member of the National Women Commission if he or she possesses the +following qualification: +(a) being a woman having rendered outstanding contr ibution , for at +least ten years, to the field of rights and interests of women or +gender justice or women development or human rights and law, +(b) in the case of the Chairperson, holding a bachelor's degree from a +recognized university, +(c) having attained the age of forty five years, +(d) not being a member of any political party at the time of +appointment, and +(e) being of high moral character. +(7) The remuneration and conditions of service of the Chairperson +and members of the National Women Comm ission shall be as provided for in +the Federal law, and their remuneration and conditions of service shall not, so +long as they hold office, be altered to their disadvantage. +Provided that this provision shall not apply in cases where a state of +emergency is declared because of extreme economic disarrays. +(8) A person once appointed as the Chairperson or a m ember of the +National Women Commission shall not be eligible for appointment in other +government service. +Provided that nothing in this clause shall be deemed to be a bar to the +appointment to any political position or to any position which has the +responsibility of making investigations, inquiries or findings on any subject, or +to any position which has the responsibility of submitting advice, opinion or +recommendation after carrying out a study or research on any subject. +174 + 253. Functions, duties and powers of National Women Commission : (1) The +functions, duties and powers of the National Women Commission shall be as +follows: +(a) to formulate policies and programs concerning the rights and +interests of the women and submit them to the Government of Nepal +for implementation. +(b) to monitor as to whether laws concerning the rights and interests of +the women and obligations under the international treaties to which +Nepal is a party have been implemented, and make suggestions, +accompanied by the measures for their effective compliance and +implementation to the Government of Nepal, +(c) in order to have the women included in the mainstream of national +development and ensure proportional participation in all organs of +the State, to assess , monitor and evaluate the existing policies and +programs, and make recommendation to the Government of Nepal +for their effective implementation, +(d) to carry out study and research work on the legal provisions relating +to gender equality, empowerment of women and women, make +recommendations to the concerned bodies on reforms to be made on +such laws, and monitor the same. +(e) to make suggestions to the Go vernment of Nepal about the +preparation of reports to be submitted by Nepal in accordance with +the provisions contained in the international treaties or agreements +concerning women's rights, to which Nepal is a party, +(f) if it is necessary to file cases a gainst any persons or bodies on +matters of violence against women or being subjected to social ill - +practices or infringement of or deprivation of enjoyment of women's +175 + rights, to make recommendations to the concerned bodies to file +such cases in courts in a ccordance with the law. +(2) The National Women Commission may so delegate any of its +functions, duties and powers to the Chairperson of the Commission, any of its +members or any employee of the Government of Nepal as to be exercised and +complied with subje ct to the specified conditions. +(3) Other functions, duties and powers and other relevant matters of +the National Women Commi ssion shall be as provided for in the Federal l aw. +254. Powers to establish offices in States : The National Women Rights Commission +may, as required, establish its offices in States. +255. National Dalit Commission : (1) There shall be a National Dalit Commission of +Nepal, consisting of a Chairperson and four other members. +(2) The President shall, on the recommendation of the Constitu tional +Council, appoint the Chairperson and members of the National Dalit +Commission. +(3) The term of office of the Chairperson and members of the +National Dalit Commission shall be six years from the date of appointment. +(4) Notwithstanding anything contained in clause (3), the office of +the Chairperson or member of the National Dalit Commission shall be vacant +in any of the following circumstances: +(a) if he or she tenders resignation in writing to the President, +(b) if he or she attains the age of sixty -five years, +(c) if a motion of impeachment is passed against him or her +under Article 101, +(d) if he or she is removed from office by the President on +recommendation of the Constitutional Council on grounds +176 + of his or her inabi lity to hold office and discharge the +functions due to physical or mental illness, +(e) if he or she dies. +(5) The Chairperson and members appointed under clause (2) shall +not be eligible for reappointment. +Provided that a member may be appointed to the off ice of Chairperson, +and when a member is so appointed as the Chairperson, his or her term of +office shall be so computed as to include his or her term as the member. +(6) A person shall be eligible to be appointed as the Chairperson or a +member of the Natio nal Dalit Commission if he or she possesses the following +qualification: +(a) being a person having rendered outstanding contribution to the +field of rights and interests of the Dalit community or human +rights and law , for at least ten years , +(b) in the case of the Chairperson, holding a t least a bachelor's +degree from a recognized university, +(c) having attained the age of forty five years, +(d) not being a member of any political party at the time of +appointment, and +(e) being of high moral characte r. +(7) The remuneration and conditions of service of the Chairperson +and members of the National Dalit Commission shall be as provided for in the +Federal law, and their remuneration and conditions of service shall not, so long +as they hold office, be alter ed to their disadvantage. +Provided that this provision shall not apply in cases where a state of +emergency is declared because of extreme economic disarrays. +177 + (8) A person once appointed as the Chairperson or a member of the +National Dalit Commission shall not be eligible for appointment in other +government service. +Provided that nothing in this clause shall be deemed to be a bar to the +appointment to any political position or to any position which has the +responsibility of making investigations, inquiries o r findings on any subject, or +to any position which has the responsibility of submitting advice, opinion or +recommendation after carrying out a study or research on any subject. +256. Functions, duties and powers of National Dalit Commission : (1) The functions, +duties and powers of the National Dalit Commission shall be as follows: +(a) to conduct study and exploration as to the overall situation of the +Dalit community, identify areas of necessary policy, legal and +institutional reforms in that field, and make recommendations to the +Government of Nepal, +(b) to formulate national policies and programs concerning the interests +of the Dalit for the upliftment and development of the Dalit, putting +an end to caste -based discrimination, oppression and discrim ination, +and submit such policies and programs to the Government of Nepal +for their implementation, +(c) to monitor as to whether laws concerning the interests of the Dalit , +including the special provisions made for the upliftment and interests +of the Dalit community have been effectively implemented, and in +the event of absence of observance or implementation, to make +suggestions to the Government of Nepal for the observance or +implementation thereof , +(d) to make suggestions to the Government of Nepal about the +preparation of reports to be submitted by Nepal in accordance with +178 + the provisions contained in the international treaties or agreements +concerning the rights of the Dalit community, to which Nepal is a +party, +(e) in order to have the Dalit community included in the mainstream of +national development and ensure proportional participation in all +organs of the State, to assess , monitor and evaluate the existing +policies and programs, and make recommendation to the +Government of Nepal for their effective implementation, +(f) if it is necessary to file cases against any persons or bodies on +matters of being victims of caste -based discrimination and +untouchability or social ill -practices or infringement of or +deprivation of enjoyment of the rights of the Dalit , to make +recommendations to the concerned bodies to file such cases in courts +in accordance with the law. +(2) The National Dalit Commission may so delegate any of its +functions, duties and powers to the Chairperson of the Commission, any of it s +members or any employee of the Government of Nepal as to be exercised and +complied with subject to the specified conditions. +(3) Other functions, duties and powers and other relevant matters of +the National Dalit Commission shall be as provided for in the Federal l aw. +257. Powers to establish offices in States : The National Dalit Commission may, as +required, establish its offices in States. +258. National Inclusion Commission : (1) There shall be a National Inclusion +Commission of Nepal, consisting of a Chairperson and four other members. +(2) The President shall, on the recommendation of the Constitutional +Council, appoint the Chairperson and members of the National Inclusion +Commission. +179 + (3) The term of office of the Chairperson and members of the +National Inclusion Commission shall be six years from the date of +appointment. +(4) Notwithstanding anything contained in clause (3), the office of +the Chairperson or member of the National Incl usion Commission shall be +vacant in any of the following circumstances: +(a) if he or she tenders resignation in writing to the President, +(b) if he or she attains the age of sixty -five years, +(c) if a motion of impeachment is passed against him or her +unde r Article 101, +(d) if he or she is removed from office by the President on +recommendation of the Constitutional Council on grounds +of his or her inability to hold office and discharge the +functions due to physical or mental illness, +(e) if he or she dies. +(5) The Chairperson and members appointed under clause (2) shall +not be eligible for reappointment. +Provided that a member may be appointed to the office of Chairperson, +and when a member is so appointed as the Chairperson, his or her term of +office shall be so computed as to include his or her term as the member. +(6) A person shall be eligible to be appointed as the Chairperson or a +member of the National Inclusion Commission if he or she possesses the +following qualification: +(a) being a person having rendered outstanding contribution, for at +least ten years, to the field of social inclusion, rights and interests +or development of persons with disabilities, minority and +180 + marginalized communities and backward areas and classes or +huma n rights , +(b) in the case of the Chairperson, holding a bachelor's degree from a +recognized university, +(c) having attained the age of forty five years, +(d) not being a member of any political party at the time of +appointment, and +(e) being of high moral c haracter. +(7) The remuneration and conditions of service of the Chairperson +and members of the National Inclusion Commission shall be as provided for in +the Federal law , and their remuneration and conditions of service shall not, so +long as they hold offic e, be altered to their disadvantage. +Provided that this provision shall not apply in cases where a state of +emergency is declared because of extreme economic disarrays. +(8) A person once appointed as the Chairperson or a member of the +National Inclusion Commission shall not be eligible for appointment in other +government service. +Provided that nothing in this clause shall be deemed to be a bar to the +appointment to any political position or to any position which has the +responsibility of making investigat ions, inquiries or findings on any subject, or +to any position which has the responsibility of submitting advice, opinion or +recommendation after carrying out a study or research on any subject. +259. Functions, duties and powers of National Inclusion Commi ssion : (1) The +functions, duties and powers of the National Inclusion Commission shall be as +follows: +181 + (a) to conduct study and research works for the protection of the rights +and interests of the communities, including Khas Arya , Pichhada +class, persons wi th disabilities, senior citizens, labours, peasants, +minorities and marginalize d community, backward class, people of +Karnali and the indigent class, +(b) to study the status of implementation of the policies and laws +adopted by the Government of Nepal for the inclusion of the +community, class and region mentioned in clause (a) and make +suggestions to the Government for reforms, +(c) to study as to whether there has been appropriate representation of +the community, class and region mentioned in clause (a) in the +organs of the State and make suggestions to the Government of +Nepal to review the special provisions made for the representation of +such community, class and region, +(d) to study as to whether the protection, empowerment and +development of the communit y, class and region mentioned in +clause (a) has been satisfactory and make recommendations to the +Government of Ne pal about polic ies to be pursued in the future, +(e) to make suggestions to the Government of Nepal about policies and +programs to be pursued f or the development and prosperity of the +Karnali and backward regions, +(f) to make recommendations for timely revisions of laws concerning +minority and marginalized communities, +(g) to monitor the status of implementation of rights and interests +guaranteed for minority and marginalized communities and make +recommendations for revision upon necessary review on the basis of +periodic national census and human development index. +182 + (2) The National Inclusion Commission may so delegate any of its +functions, duties and powers to the Chairperson of the Commission, any of its +members or any employee of the Government of Nepal as to be exercised and +complied with subject to the specified conditions. +(3) Other functions, duties and powers and other relevant matters of +the National Inclusion Commission shall be as provided for in the Federal law. +260. Powers to establish offices in States : The National Inclusion Rights +Commission may, as required, establish its offices in States. +261. Indigenous Nationalities Commission : (1) There shall be an Indigenous +Nationalities Commission of Nepal, consisting of a Chairperson and a +maximum of four other members. +(2) The President shall, on the recommendation of the Constitutional +Council, appoint the Chairperson and members of the Indigenous Nationalities +Commission. +(3) The term of office of the Chairperson and members of the +Indigenous Nationalities Commission shall be six years from the date of +appointment. +(4) Other matters relating to t he qualification for the Chairperson and +members of the Indigenous Nationalities Commission, circumstances in which +their offices fall vacant, their remuneration and conditions of service and the +functions, duties and powers of this Commission shall be as provided for in the +Federal l aw. +262. Madhesi Commission: (1) There shall be a Madhesi Commission of Nepal, +consisting of a Chairperson and a maximum of four other members. +(2) The President shall, on the recommendation of the Constitutional +Council, appoint the Chairperson and members of the Madhesi Commission. +183 + (3) The term of office of the Chairperson and members of the +Madhesi Commission shall be six years from the date of appointment. +(4) Other matters relating to the qualification for the Chairperson and +members of the Madhesi Commission, circumstances in which their offices fall +vacant, their remuneration and conditions of service and the functions, duties +and powers of this Co mmission shall be as provided for in the Federal l aw. +263. Tharu Commission: (1) There shall be a Tharu Commissio n of Nepal, +consisting of a Chairperson and a maximum of four other members. +(2) The President shall, on the recommendation of the Constitutional +Council, appoint the Chairperson and members of the Tharu Commission. +(3) The term of office of the Chairpers on and members of the Tharu +Commission shall be six years from the date of appointment. +(4) Other matters relating to the qualification for the Chairperson and +members of the Tharu Commission, circumstances in which their offices fall +vacant, their remune ration and conditions of service and the functions, duties +and powers of this Commission shall be as provided for in the Federal l aw. +264. Muslim Commission : (1) There shall be a Muslim Commission of Nepal, +consisting of a Chairperson and a maximum of four other members. +(2) The President shall, on the recommendation of the Constitutional +Council, appoint the Chairperson and members of the Muslim Commission. +(3) The te rm of office of the Chairperson and members of the +Muslim Commission shall be six years from the date of appointment. +(4) Other matters relating to the qualification for the Chairperson and +members of the Muslim Commission, circumstances in which their of fices fall +vacant, their remuneration and conditions of service and the functions, duties +and powers of this C ommission shall be as provided for in the Federal l aw. +184 + 265. Review of Commissions : The Federal Parliament shall, after ten years of the +commenceme nt of this Constitution, review the Commissions formed under +this Part. + +185 + Part-28 +Provisions Relating to National Security +266. National Security Council : (1) There shall be a National Security Council for +making recommendation to the Government of Nepal, Council of Ministers for +the formulation of a policy on overall national interest, security and defence of +Nepal, and for the mobilization and control of the Nepal Army, which shall +consist of the following as the Chairperson and members: + (a) The Prime Minister -Chairperson + (b) Minister for Defence , Government of Nepal -Member + (c) Minister for Home, Government of Nepal -Member + (d) Minister for Foreign Affairs, Government of Nepal -Member + (e) Minister for Finance, G overnment of Nepal -Member + (f) Chief Secretary of Government of Nepal -Member + (g) Commander -in-Chief, Nepal Army -Member +(2) The secretary at the Ministry of Defenc e shall act as the member +secretary of the National Security Council . +(3) The National Security Council shall submit its annual report to +the President, and the President shall cause the report to be laid through the +Prime Minister before the Federal Parliament. +(4) Other matters relating to the National Se curity Council shall be +as provided by the Federal l aw. +267. Provisions r elating to Nepal Army : (1) There shall be an organization of the +Nepal Army in Nepal, which is inclusive and committed to this Constitution, +for the safeguarding of independence, sove reignty, territorial integrity and +national unity of Nepal. +186 + (2) The President shall be the supreme commander -in-chief of the +Nepal Army. + (3) Entry of women, Dalit , indigenous people, indigenous +nationalities, Khas Arya , Madhesi , Tharu , Pichhada class and backward region +citizens into the Nepal Army shall, on the basis of principles of equality and +inclusion, be ensured by the Federal l aw. + (4) The Government of Nepal may also mobilize the Nepal Army in +other works including development, constru ction and disaster management +works, as provided for in the Federal l aw. + (5) The President shall, on recommendation of the Council of +Ministers, appoint the Commander -in-Chief and remove him or her from +office . + (6) The President shall, on recommendati on of the National Security +Council and pursuant to a decision of the Government of Nepal, Council of +Ministers, declare the mobilization of the Nepal Army in cases where a grave +emergency arises in regard to the sovereignty or territorial integrity of Nep al or +the security of any part thereof, by war, external aggression, armed rebellion or +extreme economic disarray. A declaration of the mobilization of the Nepal +Army must be ratified by the House of Representatives within one month after +the date of such declaration. + (7) Other matters pertaining to the Nepal Army shall be in +accordance with law. +268. Provisions Relating to Nepal Police, Armed Police Force, Nepal and National +Investigation Department : (1) The Feder ation shall have Nepal Police, Armed +Police Force, Nepal and National Investigation Department . + (2) Each State shall have a State police organization. +187 + (3) Matters relating to the Operation, supervision and coordination of +functions to be discharged by the Nepal Police and the State police shall be as +provided for in the Federal l aw. +(4) Other matters relating to the Nepal Police, Armed Police Force, +Nepal and National Investigation Department shall be as provided by the +Federal l aw. + +188 + Part-29 +Provisions Relating to Political Parties +269. Formation, registration and operation of political parties : (1) Persons who are +committed to common political ideology, philosophy and program may, +subject to laws made under sub -clause (c) of clause (2) of Article 17 , form and +operate political parties , and generate, or cause to be generated, publicity in +order to secure support and cooperation from the general public for their +ideolog y, philosophy and program or carry out other necessary activity for this +purpose. +(2) A political party formed in a ccordance with clause (1) must +register the party with the Election Commission upon fulfilment of the +procedures established by law. +(3) A petition to be made for the purpose of registration of a party in +accordance with clause (2) must be accompanied by the constitution and +manifesto of the concerned political party and such other documents as +required by the Federal l aw. +(4) For a petition to be made for the registration of a party in +accordance with clause (2), the political p arty must fulfil the following +conditions: +(a) its constitution and rules must be democratic, +(b) its constitution must provide for election of each of the office - +bearers of the party at the Federal and State levels at least once in +every five years; + provided that nothing shall bar the making of provision by the +constitution of a political party to hold such election within six +months in the event of failure to hold election of its office - +bearers within five years because of a special circumstance . +189 + (c) there must be a provision of such inclusive representation in its +executive committees at various levels as may be reflecting the +diversity of Nepal. +(5) If the name, objective, insignia or flag of a political party is of +such a nature as to jeopardize th e religious and communal unity of the cou ntry +or to fragment the country, that party shall not be registered. +270. Prohibition on imposition of restrictions on political parties: (1) Any law, +arrangement or decision so made as to impose any restriction on the formation +and operation of a political party and on the generation of publicity in order to +secure support and cooperation from the general public for the ideology, +philosophy and program of the party in accordance with Article 269 shall be +deemed to b e inconsistent with this Constitution and shall, ipso facto, be void. +(2) Any law, arrangement or decision so made as to allow for +participation or involvement of only a single political party or persons having +similar political ideology, philosophy or program in the elections or in the +political system of, or in the conduct of governance of, the country shall be +deemed to b e inconsistent with this Constitution and shall, ipso facto, be void. +271. Registration required for securing recognition for the purpose of contesting +elections as political party: (1) Every political party that is registered in +accordance with Article 26 9 and intends to secure recognition from the +Election Commission for the purposes of elections must be registered with t he +Election Commission in fulfi lment of the procedures set forth in the Federal +law. + (2) The political party must submit a yearly aud it report in addition +to the matters set forth in clause (3) of Article 269 along with a n application to +be made for the purpose of clause (1) and also fulfil the terms set forth in clause +(4) of that Article. +190 + 272. Other provisions relating to political pa rties: Provisions relating to the +formation, registration, operation and facilities of political parties and other +matters pertaining thereto shall be as provided for in the Federal l aw. + +191 + Part-30 +Emergency Power +273. Emergency p ower : (1) If a grave emergency arises in regard to the sovereignty , +territorial integrity of Nepal or the security of any part the reof, by war, external +aggression, armed rebellion, extreme economic disarray, natural calamity or +epidemic , the President may declare or order a state of emergency in respect of +the whole of Nepal or of any specified part thereof. +(2) Notwithstanding anything contained in clause (1), if there arises +a grave emergency in a State by a natural calamity or epidemic, the concerned +State Government may re quest the Government of Nepal to d eclare or order a +state of emergency in respect of the whole of the State or of any specified part +thereof, in accordance with this Ar ticle. +(3) Every declaration or order made in accordance with clause (1) +shall be laid b efore both Houses of the Federal Parliament for approval within +one month after the date of issuance of such proclamation or order. +(4) If a declaration or order laid for approval in accordance with +clause (3 ) is approved by a t least two-third s majority of the total number of the +then members of both Houses of the Federal Parliament, the declaration or +order shall continue in force for a period of three months from the date of its +issuance. +(5) If a declaration or or der laid for approval in acco rdance with +clause (3 ) is not approved in accordance with clause (3), the declaration or +order shall ipso facto be inoperative . +(6) Notwithstanding anything contained elsewhere in this Article, +prior to expiration of the period mentioned in clause (4 ), a motion to extend the +period of the declar ation or order of state of emergency for another period not +exceeding three months may be submitted to the Federal Parliament. +192 + (7) If a motion mentioned in clause (6) is passed by at least two - +thirds majority of the total number of the then members of both Houses of the +Federal Parliament, the declaration or order shall continue in force for the +period mentioned in that motion. +(8) In the event of dissolution of the House of Representatives, the +powers exercisable by the Federal Parliament in accordance with clauses (3), +(4), (6) and (7) shall be exercised by the National Assembly. +(9) After the making of a declaration or order of a state of +emergency in accordance with clause (1), the President may issue such orders +as are necessary to meet the exigen cies. Orders so issued shall apply as of law +so long as the state of emergency is in operation. +(10) At the time of making a declaration or order of a state of +emergency in accordance with clause (1), the fundame ntal rights as provided in +Part-3 may be suspended until the declaration or order is in operation. +Provided that Article 16, sub -clauses (c) and (d) of clause (2) of Article +17, Art icle 18, clause (2) of Article 19 , Articles 20, 21, 22 and 24, clause (1) of +Article 26, Articles 29, 30, 31, 32, 35, clauses (1) and (2 ) of Article 36, +Articles 38 and 39, clauses (2) and (3) of Article 40, Articles 41, 42, 43 and 45, +the right to constitutional remedy in relation to such Articles pursuant to +Article 46 and the right to the remedy of habeas corpus shall not be suspended. +(11) If any Article of this Constitution is suspended pursuant to clause +(10), no petition may lie in any court f or the enforcement of the fun damental +right conferred by that Article nor may a question be raised in any C ourt in that +respect. +(12) If, during the continuance of a declaration or order under this +Article, any injury is caused to a person from any act don e by any offi cial in +bad faith, the victim may, within three months fro m the date of termination of +193 + that declaration or order, file a petition for c ompensation for such injury. If +such petition is made , the court may order for compensation by, and punish , +the perpetrator as provided for in the Federal l aw. +(13) The President may, at any time, withdraw a declaration or order +of a state of emergency made in accordance with this Article. + +194 + Part-31 +Amendment to the Constitution +274. Amendment to Constitution : (1) No amendment shall be made to this +Constitution in manner to be prejudicial to the sovereignty, territorial integrity, +independence of Nepal and sovereignty vested in the people. +(2) Subject to clause (1) and other Articles of this Constitution, a Bill +to amend or repeal any Article of this Constitution may be introduced in either +House of the Federal Parliament . +Provided that clause (1) shall not be amended. +(3) A Bill introduced pursuant to clause (1) shall be publicly +published for information to the general public within thirty days of its +introduction in the concerned House. +(4) If a Bill introduced pursuant to clause (1) is related with the +alteration in the borders of any State or matters set forth in Schedule -6, the +Speaker or the Chairperson of the concerned House must send that Bill to the +State Assembly for its consent, within thirty days after its introduction in the +Federal Parliament . +(5) The concerned State Assembly must , by a majority of the total +number o f its the then members, accept or reject the Bill presented for its +consent pursuant to clause (4 ) and give information thereof to the Federal +Parliament within three months. +Provided that if any State Assembly is not in existence , such Bill must +be either accepted or rejected within three months after the date of holding of +the first meeting following the formation of that State Assembly. +(6) In the event of failure to give information of a cceptance or +rejection of such Bill within the period set forth in clause (5), nothing shall +195 + prevent the House of the Federal Parliament in which the Bill was originated +from proceeding with the Bill. +(7) If the State Assembly, by its majority, gives a notice of rejection +of such Bill to the concerned House of the Federal Parliament within the period +under clause (5), the Bill shall be inoperative. +(8) A Bill which does not require th e consent of the State Assembly +or a Bill accepted by a majority of the State Assembly under clause (5) must be +passed by at least two-thirds majority of the total number of the then members +of both House s of the Federal Parliament . +(9) A Bill passed under clause (8) shall be presented to the President +for assent. +(10) The President shall give assent to a Bill presented under clause +(5), within fifteen days from the date of its receipt, and the Constitution shall +get amended from the date of assent. + +196 + Part-32 +Miscellaneous +275. Provisions relating to referendum : (1) If a decision is made by a two -thirds +majority of the total number of the then members of the Federal Parliament +that it is necessary to hold a referendum with respect to any matter of national +importance, decision on that matter may be taken by way of referendum. +(2) Matters relating to referendum and other relevant matters shall be +as provided for in the Federal l aw. +276. Pardons : The President may, in accordance with law, grant pardons, suspend, +commute or re mit any sentence passed by any C ourt, judicial or quasi -judicial +body or administrative authority or body. +277. Titles, hono urs and decorations : (1) The President shall confer titles, hono urs +and decorations to be conferred on behalf of the State. + (2) No citizen of Nepal may, without the approval of the +Government of Nepal, accept any title, hono ur or decoration from any foreign +government. + 278. Power to make treaties : (1) The Federation shall have the power to make +treaties or agreements. + (2) In making a treaty or agreement on a matter falling within the list +of State power , the Government of Nepal must consult the concerned State. + (3) A State Council of Ministers may, with the consent of the +Government of Nepal, make contractual agreements on financial and industrial +matters. +279. Ratification of, accession to , acceptance of, or approval of, treaties or +agreements : (1) The ratification of, accession to, acceptance of, or approval of, +treaties or agreements to which Nepal or the Government of Nepal is to become +a party shall be as provided for in the Federal l aw. +197 + (2) Any law to be made pursuant to clause (1) shall, inter alia , +require that the ratification of, accession to, acceptance of, or approval of, +treaties or agreements on the following subjects must be made by a majority of +two-third s of the total number of the then members of both Houses of the +Federal Parliament: +(a) peace and friendship, +(b) defenc e and strategic alliance, +(c) boundaries of the State of Nepal, and +(d) natural resources, and the distribution of their uses. +Provided that , out of the treaties or agreements under sub-clauses (a) +and (d), if any treaty or agreement is of an ordinary nature, which does not +affect the nation extensively, seriously or in the long term, the ratification of, +accession to, acceptance of, or approva l of, such treaty or agreement may be +made by a simple majority of the members present in a meeting of the House +of Representatives . +(3) After the commencement of this Constitution, unless a treaty or +agreement is ratified, acceded to, accepted or approved in accordance with this +Article, such t reaty or agreement shall not apply to the Government of Nepal or +Nepal. +(4) Notwithstanding anything contained in clauses (1) and (2), no +treaty or agreement may be concluded in detrimental to the territ orial integri ty +of Nepal. +280. Special provision relating to discharge of functions of President : If the offices +of both the President and the Vice -President fall vacant in accordance with this +Constitution, the Speaker of the House of Representatives shall discharge t he +functions required to be performed by the President under this Constitution +198 + until election to the President or Vice -President is held and he or she assumes +office. +281. Appraisal and review of special rights : The Government of Nepal shall make +appraisal and review of the implementation of special rights of the women and +Dalit community and impacts thereof, on the basis of human development +index, concurrently with a national census to be held in every ten years. +282. Ambassadors and special emissaries : (1) The President may, on the basis of the +principle of inclusion, appoint Nepalese ambassadors, and special emissaries +for any specific purposes. + (2) The President shall receive letters of credentials from foreign +ambassadors and diplomatic representat ives. +283. Appointments to be made in accordance with inclusive principle : Appointments +to office s of Constitutional Organs and B odies shall be made in accordance +with the inclusive principle. +284. Provisions relating to Constitutional Council : (1) There s hall be a +Constitutional Council for making recommendations for appointment of the +Chief Justice and Chiefs and officials of the Constitutional Bodies in +accordance with this Constitution, which shall consist of the fo llowing as the +Chairperson and m embers : + (a) The Prime Minister -Chairperson + (b) The Chief Justice -Member + (c) The Speaker of the House of Representatives -Member + (d) The Chairperson of the National Assembly -Member + (e) Leader of Opposition Party in the House of Representatives + -Member + (f) Deputy Speaker of the House of Representatives -Member +199 + (2) While making a recommendation for appointment to the office of +the Chief Justice, the Constitutional Council shall include the Minister for Law +and Justice of the Government of Nepal, as its m ember. +(3) The Constitutional Council must make a recommendation for +appointment under this Constitution before one month of the vacation of the +office of the Chief Justice or a c hief or official of a Constitutional Body. +Provided that if such office falls vacant because of death or resignation , +it may so make recommendation for appointment that the office is fulfilled +within one month after the date of vacancy. +(4) Other functions, duties and powers of the Constitutional C ouncil +and rules of procedures on the appointment of the Chief Justice or chiefs or +officials of Constitutional Bodies shall be as provided for in the Federal l aw. +(5) The Chief Secretary of the Government of Nepal shall act as the +secretary of the Constit utional Council. +285. Constitution of government service : (1) The Government of Nepal may, in +order to run the administration of the country, constitute the Federal civil +service and such other Federal government s ervices as may be required. The +constitution, operation and conditions of service of such services shall be as +provided for in the Federal Act. + (2) Positions in the Federal civil service as well as all Federal +government services shall be filled through competitive examinations, on the +basis of open and proportional inclusive principle. + (3) The State Council of Ministers, Villa ge Executives and +Municipal Executives may by law constitute and operate various government +services as required for the opera tion of their administration. +286. Election Constituency Delimitation Commission : (1) The Government of +Nepal may constitute an Election Constituency Delimitation Commission, to +200 + determine election constituencies for the purpose of election to the members of +the Federal Parliament and members of the State Assemblies in accordance +with this Constitution , which shall consist of the following as the Chairperson +and members: +(a) Retired Judge of the Supreme Court -Chairperson +(b) One Ge ographer -Member +(c) One sociologist or demographer -Member +(d) One administration expert or jurist -Member +(e) Gazetted spec ial class officer of the +Government of Nepal -Member - +secretary +(2) The term of office of the Election Constituency Delimitation +Commission shall be as prescribed at the time of its constitution . +(3) A person shall be qualified to be appointed as the C hairperson or +a member of the Election Constitue ncy Delimitation Commission if he or she +possesses the following qualification: +(a) holding at least bachelor’s degree in related subject from a +recognized university , +(b) having attained the a ge of forty -five years, and +(c) having high moral character. +(4) The office of the C hairperson or a member of the Election +Constituency Delimitation Commission shall be vacant in any of the following +circumstances: +201 + (a) if he or she tenders resignation in writing , +(b) if he or she is removed by the Government of Nepa l, Council of +Ministers , +(c) if he or she dies. +(5) While determining election constituencies pursuant to this +Article, the Election Constituency Delimitation Commission shall so determine +the constituencies, having regard to population and geography as the basis of +representation, and as to ensure that the ratio between the geography, +population and number of members of such election constituencies is equal, so +far as practicable . +(6) While delimitating election cons tituencies pursuant to clause (5 ), +regard must be had to, inter alia , the density of population, geographical +specificity, administrative and transportation convenience, community and +cultural aspects of the constituencies. +(7) No question may be raised in any c ourt on any matter of the +determination , or review, of election constituencies made by the Election +Constituency Delimitation Commission . +(8) The Election Constituency Delimitation Commission shall +submit a report on the works it has performed to the Government of Nepal . +(9) The Gover nment of Nepal, Council of Ministers, shall lay the +report received pursuant to clause (8 ) before the Federal Parliament and send it +to the Election Commission for implementation. +(10) The Election Constituency Delimitation Commission shall +determine its r ules of procedures itself. +202 + (11) The remuneration and facilities of the C hairperson and the +members of the Election Constituency Delimitation Commission shall be +similar to those of the Chief Election Commissioner and the Election +Commissioners of the Elec tion Commission , respectively. +(12) The election constituencies delimited in accordance with clause +(5) must be reviewed in every twenty years. +(13) The Government of Nepal shall provide such employees as may +be required for the Election Constituency Delimitation Commission. +287. Language Commission : (1) The Government of Nepal shall, no later than one +year of the commencement of this Constitution, constitute a Language +Commission comprising representation of States. + (2) The Language Commission shall consist of one Chairperson and +a required number of members. + (3) The term of office of the Chairperson and members of the +Language Commission shall be six years from the date of their appointment . +They may not be reappointed. +(4) A person shall be quali fied to be appointed as the Chairperson or +a member of the Language Commission if he or she possesses the following +qualification: +(a) holding master’s degree in related subjec t from a recognized +university, +(b) having gained at least twenty years of exper ience in the fields of +study, teaching and research on various languages of Nepal, +(c) having completed the age of forty -five years, and +203 + (d) having high moral character. +(5) The office of the Chairperson or a member of the Language +Commission shall be vacant in any of the following circumstances: +(a) if he or she tenders resignation in writing, +(b) if he or she is removed by the Government of Nepal , Council of +Ministers , +(c) if he completes the age of sixty five years, +(d) if he o r she dies. + (6) The functions, duties and powers of the Language Commission +shall be as follows: +(a) to determine the criteria to be fulfilled for the recognition of the +official language and make recommendations on languages to the +Government of Nepal, +(b) to make recommendations to the Government of Nepal, on the +measures to be adopted for the protection, promotion and +development of languages, +(c) to measure the levels of development of mother tongues and +make suggestions to the Government of Nepal, o n the +potentiality of their use in education, +(d) to study, research and monitor languages. +(7) The Language Commission shall complete its task under sub - +clause (a) of clause (6) no later than five years after the date of its constitution. +204 + (8) The Governme nt of Nepal may, in coordination with a State +Government, establ ish a branch of the Language C ommission in that State. +(9) The other functions, duties, powers and rules of procedures of the +Language Commission shall be as provided for in the Federal l aw. +288. Capital : (1) The capital of Nepal shall be situated in Kathmandu. +(2) The capital of a State under this Constitution shall be as decided +by a two -thirds majority of the number of the then members of the concerned +State Assembly. +(3) The business of a S tate shall be conducted through the place as +specified by the Government of Nepal until decision is made in accordance +with clause (2). +289. Special provision relating to citizenship of officials : (1) In order for a person to +be elected , nominated or appointed to the office of President , Vice -President , +Prime Minister, Chief Justice, Speaker of the House of Representatives, Chief +of State, Chief Minister, Speaker of a State Assembly and chief of a security +body, the person must have obtained the citiz enship of Nepal by descent . + (2) A person who has obtained the citizenship of Nepal by descent, a +person who has obtained the naturalized citizenship of Nepal or a person who +has obtained the citizenship of Nepal by birth shall also be qualified for the +office of a constitutional body other than that mentioned in clause (1) . + Provided that the person must have resided in Nepal for at least ten +years in the case of a person who has obtained the naturalized citizenship of +Nepal, and for at least five years in the case of a person who has obtained the +citizenship of Nepal by birth or who has obtained the naturalized citizenship of +Nepal in accordance with clause (6) of Article 11. +205 + 290. Provisions relating to Guthi (trusts) : (1) The Federal Parliament shall ma ke +necessary laws in relation to the rights of the trust and the farmers enjoying +possessory rights over trust lands in a manner not to be prejudicial to the basic +norms of the trusts. + (2) Other matters relating to trusts shall be as provided by the fede ral +law. +291. Not to be qualified for appointment : (1) Notwithstanding anything contained +elsewhere in this Constitution, a citizen of Nepal who has obtained a foreign +permanent residence permit shall not be qualified for election, nomination or +appointmen t to an office to be elected, nominated or appointed pursuant to this +Constitution. + Provided that nothing shall prevent electing, nominating or appointing a +person who has renounced such foreign permanent residence permit to such +office after the expiry of a period of at least three months. + (2) Other matters relating to the citizens of Nepal who have obtained +foreign permanent residence permits as mentioned in clause (1) shall be as +provided for in the Federal law. +292. Provisions relating to parliament ary hearing s: (1) Parliamentary hearings shall +be conducted as to appointments to the offices of the Chief Justice and Judges +of the Supreme Court, members of the Judicial Council, chiefs and members of +Constitutional Bodies, who are appointed on the recom mendation of the +Constitutional Council under this Constitution, and to the offices of +ambas sadors, as provided for in the Federal l aw. + (2) For the purposes of clause (1), there shall be formed a fifteen - +member joint committee consisting of members of bo th Houses of the Federal +Parlia ment, in accordance with the Federal l aw. +206 + (3) No member of the joint committee under clause (2) shall practice +law in the Supreme Court during that term of the Federal Parliament. +293. Monitoring of functioning of Constitutional Bodies : The chiefs and officials of +the Constitutional Bodies must be accountable and responsible to the Federal +Parliament. The committees of the House of Representatives may monitor and +evaluate the functioning, including reports, of the C onstitutional Bodies, other +than the National Human Rights Commission, and give necessary direction or +advice. +294. Annual reports of Constitutional Bodies : (1) Every Constitut ional Body under +this Constitution shall submit an annual report of its function ing to the +President, and the President shall cause that report to be laid through the Prime +Minister before the Federal Parliament. + (2) The matters to be set out in the annual report under claus e (1) +shall be as provided for in the Federal l aw. + (3) Notwithstanding anything contained in clause (1), a +Constitutional Body may prepare a separate report in relation to the +functioning of each State and submit it to the Chief of State. + +207 + Part-33 +Transitional Provisio ns +295. Constitution of Federal Commission : (1) The Government of Nepal may +constitute a Federal Commission for making suggestions on matters relating to +the boundaries of States. + (2) The name s of the State s under clause (3) of Article 56 shall be set +by a two thirds majority of the total number of member s of the concerned State +Assemblies . + (3) The Government of Nepal shall constitute a commission for the +determination of the n umber and boundaries of Village Bodies , Municipalities +and Special, Protected or Autonomous Regions to be formed under c lauses (4) +and (5) of Article 56. T he commission must determine the number and +boundaries of the Village Bodie s, Municipalities and Special, Protected or +Autonomous Regions in accordance with the criteria set by the Government of +Nepal. + (4) The commissio n under clause (3) shall be constituted no later +than six months of the date of commencement of this Constitution. Its term +shall be one year. +296. Constituent Assembly to be converted into Legislature -Parliament : (1) The +Constituent Assembly existing at the time of commencement of this +Constitution shall ipso facto be converted into the Legislature -Parliament after +the commencement of this Constitution, and the term of such Legislature - +Parliament shall exist until 7 Magha 2074. + Provided that if an election is held to the House of Representatives set +forth in this Constitution prior to the expiration of that term, the Legislature - +Parliament shall continue to exist until the day before the day specified for the +filing of nominations of candidates for that election. +208 + (2) The Bills under consideration of the Legislature -Parliament at the +time of commencement of this Constitution shall ipso facto be transferred to +the Legislature -Parliament set forth in clause (1). + (3) The Legislature -Parliament set forth in clause (1) shall perform +the business required to be performed by the Federal Parliament in accordance +with this Constitution until election to the House of Representatives is held +pursuant to this Constitution. + (4) The legislative power of the State Assembly with respect of +matters set forth in Schedule -6 shall, upon the commencement of this +Constitution, be vested in the Legislature -Parliament set forth in clause (1) +until the State Assembly is formed. Any law so made shall be inoperative in +relation to that State after one year of the date of formation of the State +Assembly set forth in this Constitution. + (5) The Legislature -Parliament Secretariat , its Secretary General, +Secretary and employees existing at t he time of commencement of this +Constitution shall, subject to the conditions of service in force at the time of +their appointment, exist in the Federal Parliament Secretariat set forth in this +Constitution. + (6) Where the Legislature -Parliament is in rec ess at the time of +commencement of this Constitution, the President shall summon its session no +later than seven days after the date of commencement of this Constitution. The +President shall thereafter summon a session of the Legislature -Parliament from +time to tim e. +297. Provisions relating to the President and the Vice -President : (1) The President +and the Vice -President existing at the time of commencement of this +Constitution shall continue to hold their respective offices until other President +and Vice -President are elected in accordance with this Article. +209 + (2) The Legislature -Parliament set forth in clause (1) of Article 296 +shall, on the basis of political understanding, elect the President and the Vice - +President, no later than one month after th e date of the commencement of this +Constitution where the Legislature -Parliament is not in recess at the time of +commencement of this Constitution and after the date on which the session is +summoned in accordan ce with clause (6) of Article 29 6 where the Le gislature - +Parliament is in recess. + (3) In the event of failure to have an understanding under clause (2), +the President and the Vice -President must be elected by a majority of all the +then members of the Legislature -Parliament. + (4) If the office of the President or Vice -President elected in +accordance with clause (2) or (3) falls vacant for any reason, the President or +Vice -President shall be elected by the Legislature -Parliament in accordance +with this Article until the Federal Parliament is formed. + (5) The term of office of the President or Vice -President elected in +accordance with this Article shall continue to exist until another President or +Vice -President elected by an electoral college set forth in Article 62 assumes +office. + (6) The office of the President or Vice -President elected in +accordance with this Article shall become vacant in any of the following +circumstances: +(a) if the President tenders r esignation in writing to the Vice - +President and the Vice -President, before the President , +(b) if a motion of impeachment against him or her is passed in +accordance with clause (7) , +(c) if another President or Vice -President elected by an electoral +college set forth in Article 62 assumes office, +210 + (d) if he or she dies. +(7) At least one fourth of the total number of the then members of +the Legislature -Parliament set forth in clause (1) of Article 296 may move a +motion of impeachment against the President or Vice -President elected in +accordance with this Article on the ground of serious violation of th is +Constitution and law. If the motion is passed by at least two thirds majority of +the total number of the then members of the Legislature -Parliament, he or she +shall relive of his or her office +298. Provisions relating to formation of Council of Minister s: (1) The Council of +Ministers existing at the time of commencement of this Constitution shall +continue to exist until the Council of Ministers set forth in clause (2) is formed. + (2) The Prime Minister shall, on the basis of political understanding, +be elected no later than seven days after the date of the commencement of this +Constitution where the Legislature -Parliament is not in recess at the time of +commencement of this Constitution, and after the date on which the session of +the Legislature -Parliam ent summoned in accordance with clause (6) of Article +286 commences where the Legi slature -Parliament is in recess, and a Council of +Ministers shall be formed under his or her chairpersonship. + (3) In the event of failure to have an understanding under cl ause (2), +the Prime Minister shall be elected by a majority of all the then members of the +Legislature -Parliament. + (4) The composition and allocation of portfolios of the Council of +Ministers to be formed in accordance with this Article shall be made thr ough +mutual understanding. + (5) The Council of Ministers to be formed in accordance with this +Article shall consist of a Deputy Prime Minister and other Ministers, as +required. +211 + (6) The Prime Minister appointed in accordance with this Article +shall, in appointing Ministers in accordance with clause (5), appoint Ministers +from amongst the members of the Legislature -Parliament, on the +recommendation of the concerned party. + (7) The Prime Minister and other Ministers appointed in accordance +with this Artic le shall be collectively responsible to the Legislature -Parliament, +and the Ministers shall be individually responsible to the Prime Minister and +the Legislature - Parliament for the work of their respective Ministries. + (8) The office of the Prime Ministe r appointed in accordance with +this Article shall be vacant in any of the following circumstances: +(a) if he or she tenders resignation in writing to the President, +(b) if a vote of no -confidence is passed against him or her or a vote +of confidence is not passed in accordance with clause (14), +(c) if he or she ceases to be a member of the Legislature -Parliament, +(d) if he or she dies. + (9) The office of the Deputy Prime Minister, Minister, Minister of +State and Assistance Minister appointed in accordance with this Article shall +be vacant in any of the following circumstances: +(a) if he or she tenders resignation in writing to the Prime Minister, +(b) if the Prime Minister is removed from office in accordance with +clause (8), +(c) if he or she is removed from office by the Prime Minister on the +recommendation or advice of the concerned party , +(d) if he or she dies. +212 + (10) Even though the office of the Prime Minister falls vacant under +clause (8), the same Council of Ministers shall con tinue to act until another +Council of Ministers is constituted. +(11) If the Prime Minister appointed in accordance with this Article +dies, the Deputy Prime Minister or senior -most Minister shall act a s the Prime +Minister until another Prime Minister is app ointed. + (12) The Prime Minister appointed in accordance with this Article +may, whenever he or she considers necessary or appropriate to show/clarify +that he or she has confidence from the Legislature -Parliament , table a +resolution to that effect in the Legislature -Parliament for the vote of +confidence . +(13) At least o ne-fourth of the total number of the then members of +the Legislature -Parliament may table in writing a motion of no -confidence +against the Prime Minister appointed in accordance with this Article . +Provided that a motion of no confidence shall not be tabled more than +once in six moths' period against the same Prime Minister appointed in +accordance with this Article. +(14) A motion tabled under clauses (1 2) and (13 ) shall be decided by +a majo rity of the total number of the then members of the Legislature +Parliament. +(15) The Government of Nepal shall , after the commencement of this +Constitution, exercise the powers of a State until the Council of Ministers of +the State set forth in this Const itution is formed. +299. Provisions relating to Speaker and Deputy Speaker : (1) The Speaker and +Deputy Speaker existing at the time of commencement of this Constitution +shall continue to hold their respective offices until another Speaker and Deputy +Speaker is elected pursuant to this Constitution. +213 + (2) The m embers of the Legislature -Parliament shall, on the basis of +political understanding, elect one Speaker and one Deputy Speaker from +themselves no later than twenty days after the date of the commencement of +this Constitution where the Legislature -Parliament is not in recess at the time +of commencement of this Constitution, and after the date on which the session +of the Legislature -Parliament is summoned in accordan ce with clause (6) of +Article 29 6 where t he Legislature -Parliament is in recess. + (3) In the event of failure to have an understanding under clause (2), +a member of the Legislature -Parliament who commands a majority of all the +then members of the Legislature -Parliament shall be deemed to be elected as +the Speaker or Deputy Speaker. + (4) In holding electing in accordance with clause (2) or (3), the +Speaker and the Deputy Speaker shall be members representing different +political parties in the Legislature -Parliament. + (5) In discharging his or her functions in accordance with this +Constitution, the Speaker or Deputy Speaker shall so discharge functions in the +capacity of a neutral person without standing for or against any political party +whatsoever. + (6) The office of the Speaker or Deputy Speaker shall become vacant +in any of the following circumstances: +(a) if he or she resigns in writing, +(b) if he or she ceases to be a member of the Legislature -Parliament , +(c) if a resolution is passed by a majority of at least two-thirds of the +total number of the members of the Legislature -Parliament to the +effect that his or her conduct is not compatible with his or her +office, +(d) if he or she dies. +214 + (7) The Deputy Speaker or another member shall preside over a +meeting at which deliberations are to be held on a resolution that the conduct +of the Speaker of the Legislature -Parliament is not co mpatible with his or her +office, and t he Speaker may take part and vo te in the deliberations on such +resolution. +(8) Other procedures on the election to the Speaker and Deputy +Speaker and procedures on th e moving and passage of a motion that the +Speaker or Deputy Speaker has committed conduct not compatible with his or +her office shall be as provided by the then prevailing rules of the Legislature - +Parliament. +300. Provisions relating to Judiciary : (1) The Supreme Court, Constituent Assembly +Court, Appellate Courts and District Courts existing at the time of +commencement of this Constitution shall continue to exist until the structure of +Judiciary set forth in this Constitution is set up. Nothing in this Constitution +shall be deemed to bar the settlement by respective Courts of the cases already +filed in such Courts prior to the commencement of this Constitution and of the +cases to be filed after the commencement of this Constitution . + (2) The Chief Justi ce and Judges of the Supreme Court, Chief Judges +and Judges of the Appellate Courts and Judges of the Districts Counts shall be +deemed to have been appointed under this Constitution. + (3) The High Courts set forth in Article 139 shall be established no +later than one year after the date of commencement of this Constitution . The +Appellate Courts existing at the time of commencement of this Constitution +shall be dissolve d after the establishment of such Courts. +(4) After the establishment of the High Courts in accordance with +clause (3), the cases sub judice in the Appellate Courts shall be transferred to +such High Courts as specified by the Government of Nepal, in consultation +with the Judicial Council, by notification in the Nepal Gazette. +215 + (5) After the establishment of the High Courts in accordance with +clause (3), the Chief Justice shall, on recommendation of the Judicial Council, +post the Chief Judges and Judges of the Appellate Courts who are holding +office at the time of commencement of this Constitu tion to the offices of the +Chief Judges and Judges of the High Courts. +(6) The Additional Judges of the Appellate Courts who are holding +office at the time of commencement of this Constitution may continue to hold +office until the term specified at the ti me of their appointment. +(7) The cases on criminal offences punishable by imprisonment for a +term of more than one year and sub judice in any body other than a Court at the +time of commencement of this Constitution shall, after the commencement of +this Con stitution, be transferred to the concerned District Court. +301. Provisions r elating to Constitutional Bodies and o fficials thereof : (1) The +Constitutional Bodies which are existing at the time of commenceme nt of this +Constitution and provided in this Const itution shall be deemed to have been +formed under this Constitution , and nothing shall be deemed to bar the +settlement of the matters under consideration of such Bodies subject to this +Constitution. + (2) The chiefs or officials of the Constitutional Bodi es holding office +at the time of commencement of this Constitution shall be deemed to have been +appointed in accordance with this Constitution and shall continue to hold their +respective offices subject to the conditions of services at the time of their +appointments. + (3) The officials holding office in the Commission for the +Investigation of the Abuse of Authority and the Public Service Commission, at +the time of commencement of this Constitution, in excess of the number +specified in this Constitution, shall continue to hold their respective offices +subject to the conditions of services at the time of their appointments. +216 + 302. Formation and operation of government services at State and Local levels : (1) +The Government of Nepal shall make necessary pro visions for the delivery of +services at the State and Local levels. + (2) The Government of Nepal may, in making provisions under +clause (1), arrange for the delivery of services by making adjustment of the +employees serving in the government services at the time of commencement of +this Constitution with the Federal, State and Local levels in accordance with +law. +303. Provisions r elating to Local Bodies : (1) The Local Bodies existing at the time +of Commencement of this Constitution shall continue to exist until the +determination of the number and areas of the Local level in accordance with +this Constitution. + (2) Election to the officials of the Local Bodies existing under clause +(1) shall be held in accordance with law. + (3) The officials of the Local Bodies elected in accordance with +clause (2) shall continue to hold office until election to the Local level is held +in accordance with this Constitution. +304. Existing l aws to remain in f orce: (1) The Nepal laws in force at the time of +commence ment of thi s Constitution shall continue to be in force until such laws +are repealed or amended. +Provided that any law which is inconsistent with this Constitution shall +ipso facto be invalid to the extent of such inconsistency, after one year of the +date on which the first session of the Federal Parliament set forth in this +Constitution is held. +(2) Acts relating to peace process under the Interim Constitution of +Nepal, 2007 (2063) shall be deemed to have been done under this Constitution. +217 + 305. Power to remove d ifficulties : If any difficulty arises in connection with the +implementation of this Constitution until the commencement of the first +session of the Federal Parliament, upon b eing elected in accordance with this +Constitution , the President may, on the recommendation of the Government of +Nepal, Council of Ministers, issue necessary orders to remove such difficulty; +and such orders must be submitted to the Legislature -Parliament or Federal +Parliament, held immediately after the issue such orders , for approval . + +218 + Part-34 +Definitions and Interpretations +306. Definitions and i nterpretations : (1) Unless the subject or the context otherwise +requires, in this Constitution, - +(a) "minorities" means ethnic, linguistic and religious groups whose +population is less than the percentage specified by the Federal +law, and includes groups that have their distinct ethnic, religious +or linguistic characteristics, aspirations to protect such features +and subjected to discrimination and oppression, + (b) "law" means a Federal law, State law and Local law, +(c) "Article" means an a rticle of this Constitution, +(d) "Municipality" means and includ es a Municipal Corporation and +Sub-municipal Corporation. +(e) "citizen" means a citizen of Nepal, +(f) "State" means the area and form of a federal unit of Nepal +divided into the F ederal units in accordance with this +Constitution, +(g) "remuneration" means and includes salary, allowance, pension +and an y other form of emolument and facility, +(h) "state power" means the power relating to the Executive, +Legislative and Judiciary of the state, and includes residual +power. +(i) "Bill" means a draft of amendment to the Constitution or of an +Act which has been introduced in the Federal Parliament or a +State Assembly, +219 + (j) "Federation" means the federal level that is the apex unit of the +federal structure, +(k) "Federal Units" means the Federation, State and Local levels , +(l) "Constitutional Bodies" means the Commi ssion for the +Investigation of Abuse of Authority, Auditor General, Public +Service Commission, Election Commission, National Human +Rights Commission, National Natural Resources and Fiscal +Commission, National Women Commission, National Dalit +Commission, Na tional Inclusion Commission, Indigenous +Nationalities Commission, Madhesi Commission, Tharu +Commission and Muslim Commission, +(m) "marginalized" means communit ies that are made politically, +economically and socially backward, are unable to enjoy services +and facilities because of discrimination and oppression and of +geographical remoteness or deprived thereof and are in lower +status than the human development standards mentioned in +Federal law , and includes highly marginalized groups and groups +on the verge of extinction, +(n) "Local level" mean s the Village Bodies , Municipalities and +District Assemblies to be established in accordance with this +Constitution. +(2) Unless t he subject or the context otherwise requires, the legal +provisions relating to interpretation of laws shall, subject to the provisions of +this Constitution, apply to the interpretation of this Constitu tion in the same +manner as that provisions apply to the interpretation of the Nepal laws. + +220 + Part-35 +Short Title, Commencement and Repeal +307. Short title and c ommencement : (1) This Constitution may be cited as the +"Constitution of Nepal ". +(2) This Constitution shall commence on 20 September 2015 ( 3rd +day of the month of Ashwin of the year 207 2 Bikram Sambat ). +308. Repeal : The Interim Constitution of Nepal, 2007 (2063 ) is hereby repealed. +221 + Schedule -1 +(Relating to clause (2) of Article 8) +National Flag of Nepal + + +The method of ma king the National Flag of Nepal +(a) Method of making the shape inside the border +(1) On the lower portion of a crimson cloth draw a line AB of the required +length from left to right. +(2) From A draw a line AC perpendicular to AB making AC equal to AB +plus one third AB. From AC mark off D making line AD equal to line +AB. Join B and D. +(3) From BD mark off E making BE equal to AB. +(4) Touching E draw a line FG, starting from the point F on line AC, parallel +to AB to the right hand -side. Mark off FG equal to A B. +(5) Join C and G. + +222 + (b) Method of making the moon +(6) From AB mark off AH making AH equal to one -fourth of line AB and +starting from H draw a line HI parallel to line AC touching line CG at +point I. +(7) Bisect CF at J and draw a line JK parallel to AB touching CG at point K. +(8) Let L be the point where lines JK and HI cut one another. +(9) Join J and G. +(10) Let M be the point where line JG and HI cut one another. +(11) With centre M and with a distance shortest from M to BD mark off N on +the lower porti on of line HI. +(12) Touching M and starting from O, a point on AC, draw a line from left to +right parallel to AB. +(13) With centre L and radius LN draw a semi -circle on the lower portion and +let P and Q be the points where it touches the line OM respective ly. +(14) With centre M and radius MQ draw a semi -circle on the lower portion +touching P and Q. +(15) With centre N and radius NM draw an arc touching PNQ at R and S. Join +RS. Let T be the point where RS and HI cut one another. +(16) With centre T and radius TS draw a semi -circle on the upper portion of +PNQ touching it at two points. +(17) With centre T and radius TM draw an arc on the upper portion of PNQ +touching at two points. +(18) Eight equal and similar triangles of the moon are to be made in the space +lying inside the semi -circle of No. (16) and outside the arc of No. (17) of +this Schedule. +223 + (c) Method of making the sun +(19) Bisect line AF at U, and draw a line UV parallel to AB line touching line +BE at V. +(20) With centre W, the point where HI and UV cut one another and radius +MN draw a circle. +(21) With centre W and radius LN draw a circle. +(22) Twelve equal and similar triangles of the sun are to be made in the space +enclosed by the circles of No. (20) and of No. (21) with the two apexes +of two triangles touching line HI. +(d) Method of making the border +(23) The width of the border will be equal to the width TN. This will be of +deep blue colour and will be provided on all the side of the flag. +However, on the five angles of the flag the external angles wi ll be equal +to the internal angles. +(24) The above mentioned border will be provided if the flag is to be used +with a rope. On the other hand, if it is to be hoisted on a pole, the hole on +the border on the side AC can be extended according to requirements . +Explanation : The lines HI, RS, FE, ED, JG, OQ, JK and UV are imaginary. +Similarly, the external and internal circles of the sun and the other arcs except +the crescent moon are also imaginary. These are not shown on the flag. +Note bene : The size of the National Flag of Nepal shall be as determined by the +Government of Nepal. +224 + Schedule -2 +(Relating to clause (1) of Article 9) +National Anthem of Nepal + +Sayaun Thunga Phool K a Hami Eutai Mala Nepali +Sarvavha um V ai Failiyeka Mechi M ahakali +Prakitika Koti Koti Sampad a Ko A anchala +Bir Haruka Ragata Le Swatantra Ra A tala +Gyana Bhumi Shanti Bhumi Terai Pahad H imala +Akhanda Yo Pyaro Hamro Matri Bhumi Nepal +Bahul Jati Bhasa Dharma Sanskriti Chan B ishala +Agragami Rastra Hamro Jaya Jaya Nepal. +225 + Schedule -3 +(Relating to clause (2) of Article 9) +Coat of Arms of Nepal + + + + + +Note bene: This Coat of Arms may be made in larger or smaller size as per +necessity. The colo ur determined by the Government of Nepal +shall be used on it . + + +226 + Schedule -4 +(Relating to clause (3) of Article 56) +States , and Districts to be included in the concerned States + +State No. 1 State No. 2 +1. Taplejung +2. Panchthar +3. Ilam +4. Sankhuwasabha +5. Tehrathum +6. Dhankuta +7. Bhojpur +8. Khotang +9. Solukhumbu +10. Okhaldhunga +11. Udayapur +12. Jhapa +13. Morang +14. Sunsari 1. Saptari +2. Siraha +3. Dhanusa +4. Mahottari +5. Sarlahi +6. Rautahat +7. Bara +8. Parsa + + +227 + State No. 3 State No. 4 +1. Dolakha +2. Ramechhap +3. Sindhuli +4. Kavrepalanchok +5. Sindhupalchok +6. Rasuwa +7.Nuwakot +8. Dhading +9. Chitwan +10. Makawanpur +11. Bhaktapur +12. Lalitpur +13. Kathmandu 1. Gorkha +2. Lamjung +3. Tanahun +4. Kaski +5. Manang +6. Mustang +7. Parbat +8. Syangja +9. Myagdi +10. Baglung +11.Nawalparasi (East of +Bardaghat Susta) + +228 + State No. 5 State No. 6 State No. 7 +1. Nawalparasi (West +of Bardaghat Susta +2. Rupandehi +3. Kapilbastu +4. Palpa +5. Arghakhanchi +6. Gulmi +7.Rukun (Eastern Part) +8. Rolpa +9. Pyuthan +10. Daang +11. B anke +12. Bardiya 1.Rukum (Western +Part) +2. Salyan +3. Dolpa +4. Jumla +5. Mugu +6. Humla +7. Kalikot +8. Jajarkot +9. Dailekh +10. Surkhet 1.Bajura +2.Bajhang +3. Doti +4. Achham +5. Darchula +6. Baitadi +7. Dadeldhura +8. Kanchanpur +9. Kailali + + +229 + Schedule -5 + (Relating to clause (1) of Article 57, and Article 109 ) +List of Federal Power +SN Matters +1. Relating to defence and military +(a) Protection of national unity and territorial integrity +(b) Relating to national security +2. War and defence +3. Arms and ammunitions factories and production thereof +4. Central Police, Armed Police Force, national intelligence and +investigation, peace , security +5. Central planning, central bank, fina nce policies, monetary and banking, +monetary policies, foreign grants, aid and loans +6. Foreign and diplomatic affairs, international relations and United Nations +related matters +7. International tr eaties or agreements, extradition, mutual legal assistance +and international borders , international boundary rivers +8. Telecommunications , allocation of radio frequency, radio, television and +postal matters +9. Customs, excise -duty, value -added tax, corporate income tax, individual +income tax, remuneration tax, passport fee, visa fee, tourism fee, service +charge and fee, penalty +230 + 10. Federal civil service, judicial service and other government services +11. Polic ies relating to conservation and multiple uses of water resources +12. Inland and inter -State electricity transmission lines +13. Central statistics (national and international standards and quality) +14. Central level large electricity, irrigation and other projects +15. Central universities, central level academies, universities standards and +regulation, central libraries +16. Health policies, health services, health standards, quality and monitoring, +national or specialised service providing hospital s, traditional treatment +services and communicable disease control +17. Federal Parliament, Federal Executive, Local Level related affairs, special +structure +18. International trade, exchange, port, quarantine +19. Civil aviation, international airports +20. National transportation policies, management of railways and national +highways +21. Laws relating to the Supreme Court, High Courts, District Courts and +administration of justice +22. Citizenship, passport, visa, immigration +23. Atomic energy, air sp ace and astronomy +24. Intellectual property (including patents, designs, trademarks and +231 + copyrights) +25. Measurement +26. Mines excavation +27. National and international environment management, national parks, +wildlife reserves and wetlands, national forest policies, carbon services +28. Insurance policies, securities, cooperatives regulation +29. Land use policies, human settlement development policies, tourism +policies, environment adaptation +30. Criminal and civil laws making +31. Security printing +32. Social security and poverty alleviation +33. Constitutional Bodies, commission s of national importance +34. Sites of archaeological importance and ancient monuments +35. Any matter not enumerated in the Lists of Federal Powers, State Powers +and Local Level Powers or in the Concurrent List and any matter not +specified in this Constitution and in the Federal laws + + +232 + Schedule -6 +(Relating to clause (2) of Article 57, clause (4) of Article 162, +Article 197, clause (3) of Article 231, clause (7) of Article 232, clause +(4) of Article 274 and clause (4) of Article 296 ) +List of State Power +SN Matters +1. State p olice administration and peace and order +2. Operation of banks and financial institutions in accordance with the +policies of Nepal Rastra Bank , cooperative institutions, foreign grants +and assistance with the consent of the Centre +3. Operation of Radio, F.M., television +4. House and land registration fee , motor vehicle tax , entertainment tax, +advertisement tax , tourism , agro-income tax, service charge, fee, +penalty +5. State civi l service and other government services +6. State statistics +7. State level electricity, irrigation and water supply services, navigation +8. State universities, higher education, libraries , museums +9. Health services +10. Matters relating to the State Assembly, State Council of Ministers +11. Intra-State trade +12. State highways +233 + 13. State bureau of in vestigation +14. Physical management and other necessary matters of State +governmental offices +15. State Public Service Commission +16. Management of lands, land records +17. Exploration and management of mines +18. Protection and use of languages, scripts , cultures, fine arts and +religions +19. Use of forests and waters and management of environment within the +State +20. Agriculture and livestock development, factories, industrialization, +trade, business, transportation +21. Management of trusts ( Guthi ) + +234 + Schedule -7 +(Relating to clause (3) of Articles 57, Article 109, clause (4) of +Article 162, and Article 197 ) +List of Concurrent Powers of Federation and State +SN Matters +1. Civil and criminal procedure, evidence and oaths ( legal recognition, +public acts and records, and judicial proceedings) +2. Supply, distribution, price control, quality and monitoring of essential +goods and services +3. Preventive detention for reasons connected with the security of the +country , prison and detention manage ment , and maintenance of peace +and order +4. Transfer of accused persons, detainees and prisoners from one State to +another State +5. Laws relating to family affairs (marriage, transfer of property, divorce, +persons on the verge of extinction, orphan, adoption, succession and +joint family) +6. Acquisition, requisitioning of property and creation of right in property +7. Contracts, cooperatives, partnership and agency related matters +8. Matters relating to bankruptcy and insolvency +9. Drugs and p esticides +10. Planning, family planning and population management +235 + 11. Social security and employment, trade unions, settlement of industrial +disputes, and labour rights and disputes related matters +12. Legal profession, auditing, engineering, medicines, Ayurvedic +medicines, veterinary, Amchi and other professions +13. State boundary river, waterways, environment protection, biological +diversity +14. Matters related to means of communication +15. Industries and mines and physical infrastructures +16. Casino, lottery +17. Early preparedness for, rescue, relief and rehabilitation from, natural +and man made calamit ies +18. Tourism, water supply and sanitation +19. Motion pictures, cinema halls and sports +20. Insurance business operation and management +21. Poverty alleviation and industrialization +22. Scientific research, science and technology and human resources +development +23. Utilization of forests, mountains, forest conservation areas and waters +stretching in inter -State form +24. Land policies and laws relating thereto +25. Employment and unemployment aid +236 + +237 + Schedule -8 +(Relating to clause (4) of Article 57, clause (2) of Article 214, +clause (2) of Article 221 and clause (1) of Article 226 ) +List of Local Level Power + +SN Matters +1. Town police +2. Cooperative institutions +3. Operation of F.M. +4. Local taxes ( wealth tax, house rent tax, land and building +registration fee, motor vehicle tax ), service charge, fee, tourism fee, +advertisement tax , business tax, land tax (land revenue), penalty, +entertainment tax, land revenue collection +5. Management of the Local services +6. Collection of local statistics and records +7. Local level development plans and projects +8. Basic and secondary education +9. Basic health and sanitation +10. Local market m anagement , environment protection and bio - +diversity +11. Local roads, rural roads, agro -roads , irrigation +238 + 12. Management of Village Assembly, Municipal Assembly, District +Assembly, local courts, mediation and arbitration +13. Local records managem ent +14. Distribution of house and land ownership certificates +15. Agriculture and animal husbandry , agro -products management, +animal health, cooperatives +16. Management of senior citizens, persons with disabilities and the +incapacitated +17. Collection of statistics of the unemployed +18. Management, operation and control of agricultural extension +19. Water supply, small hydropower projects, alternative energy +20. Disaster management +21. Protection of watersheds, wildlife, mines and minerals +22. Protection and development of languages, cultures and fine arts + + +239 + Schedule -9 +(Relating to clause (5) of Article 57, Article 109, clause (4) of Article 162, +Article 197, clause (2) of Article 214, clause (2) of Article 221, and clause (1) of +Article 226) +List of Concurrent Powers of Federation, State and Local Level + +SN Matters +1. Cooperatives +2. Education, health and newspapers +3. Health +4. Agriculture +5. Services such as electricity, water supply, irrigation +6. Service fee, charge, penalty and royalty from natural +resources, tourism fee +7. Forests, wildlife, birds, water uses, environment, ecology and +bio-diversity +8. Mines and minerals +9. Disaster management +10. Social security and poverty alleviation +11. Personal events, births, deaths, marriages and statistics +12. Archaeology, ancient monuments and museums +240 + 13. Landless squatters management +14. Royalty from natural resources +15. Motor vehicle permits + \ No newline at end of file