Posted by: dimag kharab April 11, 2011
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PART 7
CONSTITUENT ASSEMBLY
63. Formation of the Constituent Assembly: (1) There shall be a Constituent Assembly constituted to formulate a new Constitution by the Nepalese people themselves, subject to the provisions of this Constitution.
(2) After the commencement of this Constitution, the Election of the Constituent Assembly shall be held on the date as specified by the Government of Nepal.
(3) The Constituent Assembly shall consist of the following four hundred twenty five members, out of which four hundred and nine members shall be elected through Mixed Electoral System and sixteen members shall be nominated, as provided for in the law:-
(a) two hundred and five members shall be elected from among the candidates elected on the basis of First-Past-the-Post system from each of the Election Constituencies existed in accordance with the prevailing law before the commencement of this Constitution.
(b)two hundred and four members shall be elected under the proportional electoral system on the basis of the votes to be given to the political parties, considering the whole country as one election constituency.
(c) sixteen members to be nominated by the interim Council of Ministers, on the basis of consensus, from amongst the prominent persons of national life.
(4) The principle of inclusiveness shall be taken into consideration while selecting the candidates by the political parties pursuant to sub-clause (a) of clause (3) above, and while making the list of the candidates pursuant to sub-clause (b) above, the political parties shall have to ensure proportional representation of women, Dalit, oppressed tribes/indigenous tribes, backwards, Madhesi and other groups, in accordance as provided for in the law.
Notwithstanding anything contained in this clause, in case of women there should be at least one third of total representation obtained by adding the number of candidature pursuant to sub-clause (a) of clause (3) to the proportional representation pursuant to sub-clause (b) of clause (3).
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(5) The election of the members of the Constituent Assembly shall be held through secret ballots, as provided for in the law.
(6) For the purpose of election of the Constituent Assembly, every Nepali citizen who has attained the age of eighteen years by the end of Mangsir, 2063 (15th December 2006) shall be entitled to vote, as provided for in the law.
(7) Subject to the provisions of this Article, election for the Constituent Assembly and other matters pertaining thereto shall be regulated as provided for in the law.
64. Term of the Constituent Assembly: Except otherwise dissolved earlier by a resolution passed by the Constituent Assembly, the term of the Constituent Assembly shall be two years from the date of its first meeting.
Provided that the term of the Constituent Assembly may be extended having passed a resolution by the Constituent Assembly, up to an additional six months period in case the task of drafting the Constitution is not completed due to the proclamation of a State of Emergency in the Country.
65. Qualifications of the Members: Any person should possess the following qualifications in order to become a member of the Constituent Assembly:
(a) Nepali citizen,
(b) attained at least twenty five years of age,
(c)not have been punished on any criminal charge of moral turpitude,
(d) not holding an office of profit.
Explanation: For the purpose of sub-clause (d),"office of profit" means any position, other than a political position, to be filled by election or nomination for which remuneration or economic benefit is paid out of a Government Fund.
66. Decision about Disqualification of Members : If a question arises as to whether any member of the Constituent Assembly is disqualified or has ceased to possess any of the qualifications set forth in Article 65, the final decision shall be made by the Constituent Assembly Court.
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67. Vacation of Seat of the Member: The seat of a member of the Constituent Assembly shall be deemed to be vacant in the following circumstances:
(a) If he/she resigns in writing,
(b) If he/she does not, or has ceased to, possess the qualifications referred to in Article 65,
(c) If he/she, without notification to the constituent Assembly, remains absent for ten consecutive meetings of it,
(d) If the party of which he/she was a member when elected provides notification in the manner set forth by law that he/she has abandoned the party, or notifies that he/she no longer holds the membership of the party,
(e) Ifhe/shedies,
Explanation: The provision contained in sub-clause (d) above shall not be applicable to the Chairperson or Vice Chairperson of the Constituent Assembly.
68. Oath to the Members: Every member of the Constituent Assembly shall, before taking part for the first time in a meeting of that Assembly or any of its committees, take an oath as provided for in the law.
69. Meeting of the Constituent Assembly: (1) The first meeting of the Constituent Assembly shall be held, as summoned by the Prime Minister, within twenty one days of the final results of the election of members of the Constituent Assembly has been made public by the election commission, and the subsequent meetings shall be held on such a date and place as prescribing by the person presided over the Constituent Assembly.
(2) Notwithstanding anything contained in clause (1) above, if one-fourth of the members of the Constituent Assembly make an application, with reason, before the Chairperson of the Constituent Assembly stating that it is appropriate to convey a meeting of the Constituent Assembly, the Chairperson shall convene such meeting within fifteen days.
70. Procedure for Passing of Bill Relating to the Constitution: (1) The Constituent Assembly shall, in order to pass a Bill relating to the Constitution, carry out voting in the Preamble and each Article of such a Bill introduced before it.
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(2) In order to carrying out the voting pursuant to clause (1) above, at least two-thirds of the total members of the Constituent Assembly existing for the time being should be present and the Bill should be passed unanimously.
(3) If unanimous decision pursuant to clause (2) above, regarding the Preamble or any Article of the Bill relating to the Constitution is not attained, the leader of the Parliamentary Party of the political parties representing the Constituent Assembly shall consult each other to achieve consensus in such matters.
(4) The consultation to be held pursuant to clause (3) above, should be completed within a maximum of fifteen days from such date wherein the unanimous decision could not be reached.
(5) If consultation is carried out pursuant to clause (4) above, re- voting for the Preamble or any Article of such a Bill shall be done within seven days from the date of the completion of such consultation.
(6) Even after carrying out the voting pursuant to clause (5) above, an unanimous decision is not reached as provided in clause (2) above, there shall be re-voting for such Preamble or Article for which an unanimous decision could not be reached, and in such voting, if at least two-thirds of the total membership of the Constituent Assembly existing for the time being were presented in the meeting, and out of them if at least two-third majority of the members voted in favour, it shall be deemed to have passed such Preamble or Article.
(7) For the purpose of this Article, during the voting regarding the Preamble and any Articles of the Bill relating to Constitution, introduced in the Constituent Assembly, if none of the members voted against the Preamble and any of its Articles, it shall be deemed to have reached in a unanimous decision.
71. Chairperson and Vice Chairperson of the Constituent Assembly: (1) The Constituent Assembly shall, before commencement of its work of formulating the Constitution, elect a Chairperson and a Vice Chairperson from among its members.
(2) In the election to be carried out pursuant to clause (1) above, the Chairperson and Vice Chairperson shall be elected from different political parties representing in the Constituent Assembly,
(3) If the election of the Chairperson and Vice Chairperson has not taken place pursuant to clause (1) above, the member of the
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Constituent Assembly who is by age the seniormost shall preside over the meeting of the Constituent Assembly.
(4) The Chairperson and Vice Chairperson shall, while performing their duty in accordance with this Constitution, act as a neutral person without being involved in favour or against any political parties.
72. Vacation of the Office of Chairperson and Vice Chairperson: (1) The office of the Chairperson and Vice Chairperson shall be vacant in the following circumstances:
a) if he/she submits a written resignation,
b) if he/she ceases to be a member of the Constituent Assembly,
c) if a resolution is passed by a majority of at least two-thirds of the total number of the members in the Constituent Assembly to the effect that his or her conduct is not compatible with his or her position., or
d) if he/she dies.
(2) The Vice Chairperson or any other member shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the Chairperson of the Constituent Assembly is not compatible to his/her position, and the Chairperson shall be entitled to take part and vote in the deliberations on such resolution.
73. Quorum: Except as otherwise provided in this Part, no quorum shall deemed to be achieved or no resolution shall be presented for decision unless at least one-fourth of the total number of members are present.
74. Transaction of Business of the Constituent Assembly in the case of vacancy of Members: The Constituent Assembly shall have the power to carryout its business notwithstanding any vacancies in the seat of its members, and no proceedings shall become invalid even if it is subsequently found that a person not entitled to take part in the proceedings had participated.
75. Voting: Except as otherwise provided in this Part, all questions submitted for decision in the Constituent Assembly shall be decided by a majority vote of the members present and voting. Normally the member presiding shall not have the right to vote.
Provided that he/she shall exercise the casting vote in case of tie.
76. Penalty for Unauthorized Presence or Voting: If a person presents or votes in the meetings of Constituent Assembly or any of its committee as
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a member without taking an oath pursuant to Article 67, or knowing that he/she is not qualified for membership in the Constituent Assembly, he/she shall, on the ruling of the person chairing the meeting, be liable to a fine of five thousand rupees for every such presence or voting. The fine shall be recovered as government dues.
77. Privileges: (1) There shall be full freedom of speech in the meeting of the Constituent Assembly and no member shall be arrested, detained or prosecuted in any court for anything expressed or for any vote cast in that meeting.
(2) The meeting of Constituent Assembly shall have full power to regulate its internal business, and it shall be the exclusive right to decide whether or not any proceeding of the Constituent Assembly is regular. No question shall be raised in any court in this behalf.
(3) No comment shall be made about the good faith regarding any proceedings of the Constituent Assembly and no publication of any kind shall be made about anything expressed by any member which intentionally distorts or misinterprets the meaning of the expression.
(4) No proceedings shall be initiated in any court against any person for publication of any document, report, vote or proceeding which is made under authority delegated by the Constituent Assembly.
Explanation: For the purposes of clauses (1), (2), (3) and (4) above, the words "meeting of the Constituent Assembly” shall mean the meeting of the Constituent Assembly and any of its committee.
(5) No member of the Constituent Assembly shall be arrested during the session of the Constituent Assembly.
Provided that nothing in this clause shall be deemed to prevent the arrest under any law of any member on a criminal charge. If any member is so arrested, the official making such arrest shall immediately inform the person chairing the Constituent Assembly.
(6) Any breach of privilege stated in this Article shall be deemed to constitute contempt of the Constituent Assembly and the breach of privilege of Constituent Assembly shall be considered as the contempt of the Constituent Assembly. The Constituent Assembly shall have the exclusive right to decide whether or not any breach of privilege has taken place.
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(7) If a person is in contempt of the Constituent Assembly, the person who is chairing the meeting to that effect may, after a decision by the meeting, admonish, warn or impose a sentence of imprisonment not exceeding three months or impose a fine of up to ten thousand rupees on such person. If the fine is not paid by such person, it shall be recovered as government dues.
Provided that if the person so accused submits an apology to the satisfaction of the Constituent Assembly, it may either pardon him/her or remit or commute the sentence imposed on him/her.
(8) Other matters relating to privileges not mentioned in this Constitution shall be as determined by law.
78. Procedure Relating to the Conduct of Business: The Constituent Assembly shall, subject to the provisions of this Constitution, frame rules for conducting its business, maintaining order during its meetings and regulating the constitution, functions, procedures and any other matters of the committees. Until such time as rules are made, the Constituent Assembly shall establish its own rules of procedures.
79. Committee: There shall be required numbers of Committees and Sub- Committees in the Constituent Assembly as provided for in the law. Services of the experts may be obtained as per requirement.
80. Secretariat of the Constituent Assembly: (1) There shall be a secretariat to conduct the business of the Constituent Assembly. The establishment of the Secretariat and other matters related thereto shall be as determined by law.
(2) The Government of Nepal shall make available the necessary personnel required to conduct and manage the business of the Constituent Assembly.
81. Remuneration: The remuneration and privileges of the Chairperson, Vice Chairperson, Members and the Chairperson of the Committees of the Constituent Assembly shall be as provided for in the law, and until so provided, it shall be as determined by the Government of Nepal.
82. Dissolution of the Constituent Assembly: On the day of the commencement of the Constitution promulgated by the Constituent Assembly, the task given to the Constituent Assembly shall come to an end.
Provided that until the election of the Legislature-Parliament held in accordance with the Constitution promulgated by the Constituent
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Assembly, the proceedings of the Legislature-Parliament shall be conducted as specified in the Constitution promulgated by the Constituent Assembly.
83. Act in the Capacity of the Legislature-Parliament: (1) Notwithstanding anything contained elsewhere in this Part, the Constituent Assembly shall also act as Legislature-Parliament until the Constituent Assembly remains in force, and the Constituent Assembly may constitute a separate committee to conduct necessary regular legislative functions.
(2) The Chairperson and Vice Chairperson of the Constituent Assembly shall be the Speaker and Deputy Speaker of the Legislature-Parliament respectively.
(3) The Secretariat of the Constituent Assembly and the personnel therein shall also be the Secretariat and personnel of the Legislature- Parliament.
(4) When acting in the capacity of the Legislature- Parliament by the Constituent Assembly, the provisions contained in Part 9 shall be applicable to the Assembly with necessary modifications.
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PART 8
LEGISLATIVE PROCEDURE
84. Power to Introduce a Bill: (1) A Bill may be introduced in the House by any member of the Legislature-Parliament.
Explanation: For the purpose of this Part "House" means House of Legislature-Parliament and "member" means member of the Legislature-Parliament.
(2) A Finance Bill and a Bill concerning the security agencies, including Nepal Army, the Armed Police Force, Nepal Police, shall be introduced only as a Government Bill.
(3) "Finance Bill" means a Bill concerning any or all of the following subjects:
(a) the imposition, collection, abolition, remission, alteration or regulation of the taxes;
(b) the preservation of the Consolidated Fund or any other Government Fund, the deposit of moneys into and the appropriation or the withdrawal of moneys from such Funds, or the reduction, increment or cancellation of appropriations or of proposed expenditures from such Funds;
(c) the regulation of matters relating to the raising of loans or the giving of guarantees by the Government of Nepal or any matter pertaining to the amendment of the laws concerning the financial liabilities undertaken or to be undertaken by the Government of Nepal;
(d) the custody and investment of all revenues received by any Government Fund, moneys acquired through the repayment of loans, and the grant amount, or audit of the accounts of the Government of Nepal; or
(e) matters directly related to sub-clauses (a) to (d),
Provided that a Bill shall not be deemed to be Finance Bill by reason only that it provides for the payment of any fees such as license fee, application fee, renewal fee, or it provides the provision for imposition of any penalty or imprisonment, or by reason that it provides for the imposition of any tax, duties or fees by a local authority.
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(4) If any question arises whether a Bill is a Finance Bill or not, the decision of the Speaker of the Legislature-Parliament shall be final.
85. Procedure for Passage of Bills: (1) Any member, who wants to introduce a Bill in the House, a prior notice of one week shall have to give to the Secretary General or Secretary of the Legislature- Parliament to that effect.
Provided that a prior notice of five day shall be sufficient for the Government Bill.
(2) The copies of the Bill shall be made available to every Member two days before the introduction of the Bill.
(3) The member, who has introduced the Bill, may present a proposal for the consideration of the Bill in the House.
(4) If the proposal prescribed in clause (3) above is accepted, the clause-wise discussion of the Bill shall be held in the House or in the concerned Committee.
(5) The member introducing the Bill shall, after the completion of the clause-wise discussion on the Bill, if it has been discussed in the House, and after the completion of the discussion on the report of the Committee, if the clause-wise discussion has been held in the Committee, present a proposal to be passed by the Legislature- Parliament.
(6) If the proposal presented pursuant to clause (5) above is passed by the simple majority of the total number of the members of the House, the Bill shall deemed to have passed.
86. Withdrawal of Bills: A Bill may be withdrawn by the member introducing it with the approval of the House.
87. Certification of the Bill: A Bill passed by the House shall become an Act after certification by the Speaker of the Legislature- Parliament.
88. Ordinance: (1) If at any time, except when the Legislative-Parliament is in session, the Government of Nepal is satisfied that circumstances exist which render it necessary to take immediate action, without prejudicing the provisions set forth in this Constitution, the government of Nepal may promulgate any Ordinance as deemed necessary.
(2) An Ordinance promulgated under Clause (1) shall have the same force and effect as an Act.
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Provided that every such Ordinance:
(a)
(b) (c)
shall be tabled at the next session of Legislature- Parliament, and if not passed by the session, it shall ipso facto cease to be effective;
may be repealed at any time by the Government of Nepal; and
Shall, unless rendered ineffective or repealed under sub-clause (a) or (b), ipso facto, cease to have effect at the expiration of sixty days from the commencement of a session of Legislature- Parliament.
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PART 9
FINANCIAL PROCEDURE
89. No tax to be Levied or Loan to be Raised Except in Accordance with
Law: (1) No tax shall be levied and collected except in accordance with law.
(2) No loan shall be raised or guarantee be given by the Government of Nepal except in accordance with law.
90. Consolidated Fund: Except the revenues of religious endowments, all revenues received by the Government of Nepal, all loans raised on the security of revenues, and all the moneys received in repayment of any loan made under the authority of any Act and any amount received by the government of Nepal shall be credited to a Government Fund to be known as the Consolidated Fund.
Provided that except in the case of private religious endowments, the moneys of other religious endowments, shall be regulated by laws to be enacted.
91. Expenditures From the Consolidated Fund or a Government Fund: No expenditure shall be incurred out of the Consolidated Fund or any other Government Fund except the following:
(a) moneys charged on the Consolidated Fund,
(b) moneys required to meet the expenditure under an Appropriation Act,
(c) advance moneys authorized by an Act required to meet expenditures, when an Appropriation Bill is under consideration, or
(d)
expenditures to be incurred in extraordinary circumstances under a Vote of Credit Act which contains only a description of expenditure.
Provided that matters relating to the Contingency Fund shall be governed in accordance with the provision of Article 97.
92. Expenditure Chargeable on the Consolidated Fund: The expenditures relating to the following matters shall be charged on the Consolidated Fund:
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(a) the amount required as remuneration and privileges and pension payable to the Chief Justice of Nepal and other Judges of the Supreme Court,
(b) the amount required as remuneration and privileges payable to the following officials: (1) the Speaker and Deputy Speaker of the Legislature-Parliament,
(2) the Chairperson and Vice chairperson of the Constituent Assembly,
(3) the Chief Commissioner and other Commissioners of the Commission for the Investigation of Abuse of Authority,
(4) the Auditor General,
(5) the Chairperson and members of the Public Service Commission,
(6) the Chief Election Commissioner and other Election Commissioners, and
(7) Chairperson and members of the National Human Rights Commission.
(c) the administrative expenses of the Supreme Court, the Commission for the Investigation of Abuse of Authority, the Office of the Auditor General, the Public Service Commission, the Election Commission and the National Human Rights Commission.
(d) all charges relating to debts for which the Government of Nepal is liable,
(e) any sum required to be paid for any judgment or decree of a court against the Government of Nepal; and
(f) any other sum declared by law to be chargeable on the Consolidated Fund.
93. Estimates of Revenues and Expenditures: (1) The Finance Minister shall, with respect to every fiscal year, present before the Legislature- Parliament an annual estimates including the following matters:
a) an estimate of revenues,
b) the moneys required to meet the charges on the Consolidated Fund; and
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c) the moneys required to meet the expenditure to be provided for by an Appropriation Act.
(2) The annual estimate to be presented pursuant to clause (1) above shall also accompany by a statement of the expenses allocated to each Ministry in the previous financial year and particulars of whether the objectives of the expenses have been achieved.
94. Appropriation Act: The moneys required to meet the expenditure to be provided by an Appropriation Act shall be specified under appropriate heads in an Appropriation Bill.
95. Supplementary Estimates: (1) The Finance Minister shall, in respect of any financial year, present supplementary estimate, if it is found:
(a)
(b)
that the sum authorized to be spent for a particular service by the Appropriation Act for the current fiscal year is insufficient, or that a need has arisen for expenditure upon new services not provided for by the Appropriation Act for that year, or
that the expenditures made during that fiscal year are in excess of the amount authorized by the Appropriation Act.
(2) The sums included in the supplementary estimates shall be specified under separate heads in a Supplementary Appropriation Bill.
96. Votes on Account: (1) Notwithstanding anything contained in this Part, a portion of the expenditure estimated for the financial year may, when an Appropriation Bill is under consideration, be incurred in advance by an Act.
(2) A Vote on Account Bill shall not be submitted until the estimates of revenues and expenditures have been presented in accordance with the provisions of Article 92 and the sums involved in the Vote on Account shall not exceed one-third of the estimate of expenditure for the financial year.
(3) The expenditure incurred in accordance with the Vote on Account Act shall be included in the Appropriation Bill.
97. Votes of Credit: Notwithstanding anything contained elsewhere in this Part, if owing to a local or national emergency due to either natural causes, a threat of external aggression or internal disturbances or other reasons, and that it is impractical or inexpedient in view of the security or interest of the State to specify the details required under Article 92, the
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Finance Minister may present a Vote of Credit Bill before the Legislature- Parliament giving only a description of the proposed expenditures..
98. Contingency Fund: An Act may create a Contingency Fund into which shall be paid from time to time such moneys as may be determined by law. Such Fund shall be under the control of the Government of Nepal. Any unforeseen expenditures shall be met out of such Fund by the Government of Nepal. The amount of the expenditures so met shall be reimbursed as soon as possible by an Act.
99. Act Relating to Financial Procedure: Matters relating to the transfer of moneys appropriated from one head to another and other financial procedures shall be regulated by an Act.
CONSTITUENT ASSEMBLY
63. Formation of the Constituent Assembly: (1) There shall be a Constituent Assembly constituted to formulate a new Constitution by the Nepalese people themselves, subject to the provisions of this Constitution.
(2) After the commencement of this Constitution, the Election of the Constituent Assembly shall be held on the date as specified by the Government of Nepal.
(3) The Constituent Assembly shall consist of the following four hundred twenty five members, out of which four hundred and nine members shall be elected through Mixed Electoral System and sixteen members shall be nominated, as provided for in the law:-
(a) two hundred and five members shall be elected from among the candidates elected on the basis of First-Past-the-Post system from each of the Election Constituencies existed in accordance with the prevailing law before the commencement of this Constitution.
(b)two hundred and four members shall be elected under the proportional electoral system on the basis of the votes to be given to the political parties, considering the whole country as one election constituency.
(c) sixteen members to be nominated by the interim Council of Ministers, on the basis of consensus, from amongst the prominent persons of national life.
(4) The principle of inclusiveness shall be taken into consideration while selecting the candidates by the political parties pursuant to sub-clause (a) of clause (3) above, and while making the list of the candidates pursuant to sub-clause (b) above, the political parties shall have to ensure proportional representation of women, Dalit, oppressed tribes/indigenous tribes, backwards, Madhesi and other groups, in accordance as provided for in the law.
Notwithstanding anything contained in this clause, in case of women there should be at least one third of total representation obtained by adding the number of candidature pursuant to sub-clause (a) of clause (3) to the proportional representation pursuant to sub-clause (b) of clause (3).
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(5) The election of the members of the Constituent Assembly shall be held through secret ballots, as provided for in the law.
(6) For the purpose of election of the Constituent Assembly, every Nepali citizen who has attained the age of eighteen years by the end of Mangsir, 2063 (15th December 2006) shall be entitled to vote, as provided for in the law.
(7) Subject to the provisions of this Article, election for the Constituent Assembly and other matters pertaining thereto shall be regulated as provided for in the law.
64. Term of the Constituent Assembly: Except otherwise dissolved earlier by a resolution passed by the Constituent Assembly, the term of the Constituent Assembly shall be two years from the date of its first meeting.
Provided that the term of the Constituent Assembly may be extended having passed a resolution by the Constituent Assembly, up to an additional six months period in case the task of drafting the Constitution is not completed due to the proclamation of a State of Emergency in the Country.
65. Qualifications of the Members: Any person should possess the following qualifications in order to become a member of the Constituent Assembly:
(a) Nepali citizen,
(b) attained at least twenty five years of age,
(c)not have been punished on any criminal charge of moral turpitude,
(d) not holding an office of profit.
Explanation: For the purpose of sub-clause (d),"office of profit" means any position, other than a political position, to be filled by election or nomination for which remuneration or economic benefit is paid out of a Government Fund.
66. Decision about Disqualification of Members : If a question arises as to whether any member of the Constituent Assembly is disqualified or has ceased to possess any of the qualifications set forth in Article 65, the final decision shall be made by the Constituent Assembly Court.
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67. Vacation of Seat of the Member: The seat of a member of the Constituent Assembly shall be deemed to be vacant in the following circumstances:
(a) If he/she resigns in writing,
(b) If he/she does not, or has ceased to, possess the qualifications referred to in Article 65,
(c) If he/she, without notification to the constituent Assembly, remains absent for ten consecutive meetings of it,
(d) If the party of which he/she was a member when elected provides notification in the manner set forth by law that he/she has abandoned the party, or notifies that he/she no longer holds the membership of the party,
(e) Ifhe/shedies,
Explanation: The provision contained in sub-clause (d) above shall not be applicable to the Chairperson or Vice Chairperson of the Constituent Assembly.
68. Oath to the Members: Every member of the Constituent Assembly shall, before taking part for the first time in a meeting of that Assembly or any of its committees, take an oath as provided for in the law.
69. Meeting of the Constituent Assembly: (1) The first meeting of the Constituent Assembly shall be held, as summoned by the Prime Minister, within twenty one days of the final results of the election of members of the Constituent Assembly has been made public by the election commission, and the subsequent meetings shall be held on such a date and place as prescribing by the person presided over the Constituent Assembly.
(2) Notwithstanding anything contained in clause (1) above, if one-fourth of the members of the Constituent Assembly make an application, with reason, before the Chairperson of the Constituent Assembly stating that it is appropriate to convey a meeting of the Constituent Assembly, the Chairperson shall convene such meeting within fifteen days.
70. Procedure for Passing of Bill Relating to the Constitution: (1) The Constituent Assembly shall, in order to pass a Bill relating to the Constitution, carry out voting in the Preamble and each Article of such a Bill introduced before it.
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(2) In order to carrying out the voting pursuant to clause (1) above, at least two-thirds of the total members of the Constituent Assembly existing for the time being should be present and the Bill should be passed unanimously.
(3) If unanimous decision pursuant to clause (2) above, regarding the Preamble or any Article of the Bill relating to the Constitution is not attained, the leader of the Parliamentary Party of the political parties representing the Constituent Assembly shall consult each other to achieve consensus in such matters.
(4) The consultation to be held pursuant to clause (3) above, should be completed within a maximum of fifteen days from such date wherein the unanimous decision could not be reached.
(5) If consultation is carried out pursuant to clause (4) above, re- voting for the Preamble or any Article of such a Bill shall be done within seven days from the date of the completion of such consultation.
(6) Even after carrying out the voting pursuant to clause (5) above, an unanimous decision is not reached as provided in clause (2) above, there shall be re-voting for such Preamble or Article for which an unanimous decision could not be reached, and in such voting, if at least two-thirds of the total membership of the Constituent Assembly existing for the time being were presented in the meeting, and out of them if at least two-third majority of the members voted in favour, it shall be deemed to have passed such Preamble or Article.
(7) For the purpose of this Article, during the voting regarding the Preamble and any Articles of the Bill relating to Constitution, introduced in the Constituent Assembly, if none of the members voted against the Preamble and any of its Articles, it shall be deemed to have reached in a unanimous decision.
71. Chairperson and Vice Chairperson of the Constituent Assembly: (1) The Constituent Assembly shall, before commencement of its work of formulating the Constitution, elect a Chairperson and a Vice Chairperson from among its members.
(2) In the election to be carried out pursuant to clause (1) above, the Chairperson and Vice Chairperson shall be elected from different political parties representing in the Constituent Assembly,
(3) If the election of the Chairperson and Vice Chairperson has not taken place pursuant to clause (1) above, the member of the
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Constituent Assembly who is by age the seniormost shall preside over the meeting of the Constituent Assembly.
(4) The Chairperson and Vice Chairperson shall, while performing their duty in accordance with this Constitution, act as a neutral person without being involved in favour or against any political parties.
72. Vacation of the Office of Chairperson and Vice Chairperson: (1) The office of the Chairperson and Vice Chairperson shall be vacant in the following circumstances:
a) if he/she submits a written resignation,
b) if he/she ceases to be a member of the Constituent Assembly,
c) if a resolution is passed by a majority of at least two-thirds of the total number of the members in the Constituent Assembly to the effect that his or her conduct is not compatible with his or her position., or
d) if he/she dies.
(2) The Vice Chairperson or any other member shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the Chairperson of the Constituent Assembly is not compatible to his/her position, and the Chairperson shall be entitled to take part and vote in the deliberations on such resolution.
73. Quorum: Except as otherwise provided in this Part, no quorum shall deemed to be achieved or no resolution shall be presented for decision unless at least one-fourth of the total number of members are present.
74. Transaction of Business of the Constituent Assembly in the case of vacancy of Members: The Constituent Assembly shall have the power to carryout its business notwithstanding any vacancies in the seat of its members, and no proceedings shall become invalid even if it is subsequently found that a person not entitled to take part in the proceedings had participated.
75. Voting: Except as otherwise provided in this Part, all questions submitted for decision in the Constituent Assembly shall be decided by a majority vote of the members present and voting. Normally the member presiding shall not have the right to vote.
Provided that he/she shall exercise the casting vote in case of tie.
76. Penalty for Unauthorized Presence or Voting: If a person presents or votes in the meetings of Constituent Assembly or any of its committee as
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a member without taking an oath pursuant to Article 67, or knowing that he/she is not qualified for membership in the Constituent Assembly, he/she shall, on the ruling of the person chairing the meeting, be liable to a fine of five thousand rupees for every such presence or voting. The fine shall be recovered as government dues.
77. Privileges: (1) There shall be full freedom of speech in the meeting of the Constituent Assembly and no member shall be arrested, detained or prosecuted in any court for anything expressed or for any vote cast in that meeting.
(2) The meeting of Constituent Assembly shall have full power to regulate its internal business, and it shall be the exclusive right to decide whether or not any proceeding of the Constituent Assembly is regular. No question shall be raised in any court in this behalf.
(3) No comment shall be made about the good faith regarding any proceedings of the Constituent Assembly and no publication of any kind shall be made about anything expressed by any member which intentionally distorts or misinterprets the meaning of the expression.
(4) No proceedings shall be initiated in any court against any person for publication of any document, report, vote or proceeding which is made under authority delegated by the Constituent Assembly.
Explanation: For the purposes of clauses (1), (2), (3) and (4) above, the words "meeting of the Constituent Assembly” shall mean the meeting of the Constituent Assembly and any of its committee.
(5) No member of the Constituent Assembly shall be arrested during the session of the Constituent Assembly.
Provided that nothing in this clause shall be deemed to prevent the arrest under any law of any member on a criminal charge. If any member is so arrested, the official making such arrest shall immediately inform the person chairing the Constituent Assembly.
(6) Any breach of privilege stated in this Article shall be deemed to constitute contempt of the Constituent Assembly and the breach of privilege of Constituent Assembly shall be considered as the contempt of the Constituent Assembly. The Constituent Assembly shall have the exclusive right to decide whether or not any breach of privilege has taken place.
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(7) If a person is in contempt of the Constituent Assembly, the person who is chairing the meeting to that effect may, after a decision by the meeting, admonish, warn or impose a sentence of imprisonment not exceeding three months or impose a fine of up to ten thousand rupees on such person. If the fine is not paid by such person, it shall be recovered as government dues.
Provided that if the person so accused submits an apology to the satisfaction of the Constituent Assembly, it may either pardon him/her or remit or commute the sentence imposed on him/her.
(8) Other matters relating to privileges not mentioned in this Constitution shall be as determined by law.
78. Procedure Relating to the Conduct of Business: The Constituent Assembly shall, subject to the provisions of this Constitution, frame rules for conducting its business, maintaining order during its meetings and regulating the constitution, functions, procedures and any other matters of the committees. Until such time as rules are made, the Constituent Assembly shall establish its own rules of procedures.
79. Committee: There shall be required numbers of Committees and Sub- Committees in the Constituent Assembly as provided for in the law. Services of the experts may be obtained as per requirement.
80. Secretariat of the Constituent Assembly: (1) There shall be a secretariat to conduct the business of the Constituent Assembly. The establishment of the Secretariat and other matters related thereto shall be as determined by law.
(2) The Government of Nepal shall make available the necessary personnel required to conduct and manage the business of the Constituent Assembly.
81. Remuneration: The remuneration and privileges of the Chairperson, Vice Chairperson, Members and the Chairperson of the Committees of the Constituent Assembly shall be as provided for in the law, and until so provided, it shall be as determined by the Government of Nepal.
82. Dissolution of the Constituent Assembly: On the day of the commencement of the Constitution promulgated by the Constituent Assembly, the task given to the Constituent Assembly shall come to an end.
Provided that until the election of the Legislature-Parliament held in accordance with the Constitution promulgated by the Constituent
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Assembly, the proceedings of the Legislature-Parliament shall be conducted as specified in the Constitution promulgated by the Constituent Assembly.
83. Act in the Capacity of the Legislature-Parliament: (1) Notwithstanding anything contained elsewhere in this Part, the Constituent Assembly shall also act as Legislature-Parliament until the Constituent Assembly remains in force, and the Constituent Assembly may constitute a separate committee to conduct necessary regular legislative functions.
(2) The Chairperson and Vice Chairperson of the Constituent Assembly shall be the Speaker and Deputy Speaker of the Legislature-Parliament respectively.
(3) The Secretariat of the Constituent Assembly and the personnel therein shall also be the Secretariat and personnel of the Legislature- Parliament.
(4) When acting in the capacity of the Legislature- Parliament by the Constituent Assembly, the provisions contained in Part 9 shall be applicable to the Assembly with necessary modifications.
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PART 8
LEGISLATIVE PROCEDURE
84. Power to Introduce a Bill: (1) A Bill may be introduced in the House by any member of the Legislature-Parliament.
Explanation: For the purpose of this Part "House" means House of Legislature-Parliament and "member" means member of the Legislature-Parliament.
(2) A Finance Bill and a Bill concerning the security agencies, including Nepal Army, the Armed Police Force, Nepal Police, shall be introduced only as a Government Bill.
(3) "Finance Bill" means a Bill concerning any or all of the following subjects:
(a) the imposition, collection, abolition, remission, alteration or regulation of the taxes;
(b) the preservation of the Consolidated Fund or any other Government Fund, the deposit of moneys into and the appropriation or the withdrawal of moneys from such Funds, or the reduction, increment or cancellation of appropriations or of proposed expenditures from such Funds;
(c) the regulation of matters relating to the raising of loans or the giving of guarantees by the Government of Nepal or any matter pertaining to the amendment of the laws concerning the financial liabilities undertaken or to be undertaken by the Government of Nepal;
(d) the custody and investment of all revenues received by any Government Fund, moneys acquired through the repayment of loans, and the grant amount, or audit of the accounts of the Government of Nepal; or
(e) matters directly related to sub-clauses (a) to (d),
Provided that a Bill shall not be deemed to be Finance Bill by reason only that it provides for the payment of any fees such as license fee, application fee, renewal fee, or it provides the provision for imposition of any penalty or imprisonment, or by reason that it provides for the imposition of any tax, duties or fees by a local authority.
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(4) If any question arises whether a Bill is a Finance Bill or not, the decision of the Speaker of the Legislature-Parliament shall be final.
85. Procedure for Passage of Bills: (1) Any member, who wants to introduce a Bill in the House, a prior notice of one week shall have to give to the Secretary General or Secretary of the Legislature- Parliament to that effect.
Provided that a prior notice of five day shall be sufficient for the Government Bill.
(2) The copies of the Bill shall be made available to every Member two days before the introduction of the Bill.
(3) The member, who has introduced the Bill, may present a proposal for the consideration of the Bill in the House.
(4) If the proposal prescribed in clause (3) above is accepted, the clause-wise discussion of the Bill shall be held in the House or in the concerned Committee.
(5) The member introducing the Bill shall, after the completion of the clause-wise discussion on the Bill, if it has been discussed in the House, and after the completion of the discussion on the report of the Committee, if the clause-wise discussion has been held in the Committee, present a proposal to be passed by the Legislature- Parliament.
(6) If the proposal presented pursuant to clause (5) above is passed by the simple majority of the total number of the members of the House, the Bill shall deemed to have passed.
86. Withdrawal of Bills: A Bill may be withdrawn by the member introducing it with the approval of the House.
87. Certification of the Bill: A Bill passed by the House shall become an Act after certification by the Speaker of the Legislature- Parliament.
88. Ordinance: (1) If at any time, except when the Legislative-Parliament is in session, the Government of Nepal is satisfied that circumstances exist which render it necessary to take immediate action, without prejudicing the provisions set forth in this Constitution, the government of Nepal may promulgate any Ordinance as deemed necessary.
(2) An Ordinance promulgated under Clause (1) shall have the same force and effect as an Act.
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Provided that every such Ordinance:
(a)
(b) (c)
shall be tabled at the next session of Legislature- Parliament, and if not passed by the session, it shall ipso facto cease to be effective;
may be repealed at any time by the Government of Nepal; and
Shall, unless rendered ineffective or repealed under sub-clause (a) or (b), ipso facto, cease to have effect at the expiration of sixty days from the commencement of a session of Legislature- Parliament.
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PART 9
FINANCIAL PROCEDURE
89. No tax to be Levied or Loan to be Raised Except in Accordance with
Law: (1) No tax shall be levied and collected except in accordance with law.
(2) No loan shall be raised or guarantee be given by the Government of Nepal except in accordance with law.
90. Consolidated Fund: Except the revenues of religious endowments, all revenues received by the Government of Nepal, all loans raised on the security of revenues, and all the moneys received in repayment of any loan made under the authority of any Act and any amount received by the government of Nepal shall be credited to a Government Fund to be known as the Consolidated Fund.
Provided that except in the case of private religious endowments, the moneys of other religious endowments, shall be regulated by laws to be enacted.
91. Expenditures From the Consolidated Fund or a Government Fund: No expenditure shall be incurred out of the Consolidated Fund or any other Government Fund except the following:
(a) moneys charged on the Consolidated Fund,
(b) moneys required to meet the expenditure under an Appropriation Act,
(c) advance moneys authorized by an Act required to meet expenditures, when an Appropriation Bill is under consideration, or
(d)
expenditures to be incurred in extraordinary circumstances under a Vote of Credit Act which contains only a description of expenditure.
Provided that matters relating to the Contingency Fund shall be governed in accordance with the provision of Article 97.
92. Expenditure Chargeable on the Consolidated Fund: The expenditures relating to the following matters shall be charged on the Consolidated Fund:
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(a) the amount required as remuneration and privileges and pension payable to the Chief Justice of Nepal and other Judges of the Supreme Court,
(b) the amount required as remuneration and privileges payable to the following officials: (1) the Speaker and Deputy Speaker of the Legislature-Parliament,
(2) the Chairperson and Vice chairperson of the Constituent Assembly,
(3) the Chief Commissioner and other Commissioners of the Commission for the Investigation of Abuse of Authority,
(4) the Auditor General,
(5) the Chairperson and members of the Public Service Commission,
(6) the Chief Election Commissioner and other Election Commissioners, and
(7) Chairperson and members of the National Human Rights Commission.
(c) the administrative expenses of the Supreme Court, the Commission for the Investigation of Abuse of Authority, the Office of the Auditor General, the Public Service Commission, the Election Commission and the National Human Rights Commission.
(d) all charges relating to debts for which the Government of Nepal is liable,
(e) any sum required to be paid for any judgment or decree of a court against the Government of Nepal; and
(f) any other sum declared by law to be chargeable on the Consolidated Fund.
93. Estimates of Revenues and Expenditures: (1) The Finance Minister shall, with respect to every fiscal year, present before the Legislature- Parliament an annual estimates including the following matters:
a) an estimate of revenues,
b) the moneys required to meet the charges on the Consolidated Fund; and
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c) the moneys required to meet the expenditure to be provided for by an Appropriation Act.
(2) The annual estimate to be presented pursuant to clause (1) above shall also accompany by a statement of the expenses allocated to each Ministry in the previous financial year and particulars of whether the objectives of the expenses have been achieved.
94. Appropriation Act: The moneys required to meet the expenditure to be provided by an Appropriation Act shall be specified under appropriate heads in an Appropriation Bill.
95. Supplementary Estimates: (1) The Finance Minister shall, in respect of any financial year, present supplementary estimate, if it is found:
(a)
(b)
that the sum authorized to be spent for a particular service by the Appropriation Act for the current fiscal year is insufficient, or that a need has arisen for expenditure upon new services not provided for by the Appropriation Act for that year, or
that the expenditures made during that fiscal year are in excess of the amount authorized by the Appropriation Act.
(2) The sums included in the supplementary estimates shall be specified under separate heads in a Supplementary Appropriation Bill.
96. Votes on Account: (1) Notwithstanding anything contained in this Part, a portion of the expenditure estimated for the financial year may, when an Appropriation Bill is under consideration, be incurred in advance by an Act.
(2) A Vote on Account Bill shall not be submitted until the estimates of revenues and expenditures have been presented in accordance with the provisions of Article 92 and the sums involved in the Vote on Account shall not exceed one-third of the estimate of expenditure for the financial year.
(3) The expenditure incurred in accordance with the Vote on Account Act shall be included in the Appropriation Bill.
97. Votes of Credit: Notwithstanding anything contained elsewhere in this Part, if owing to a local or national emergency due to either natural causes, a threat of external aggression or internal disturbances or other reasons, and that it is impractical or inexpedient in view of the security or interest of the State to specify the details required under Article 92, the
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Finance Minister may present a Vote of Credit Bill before the Legislature- Parliament giving only a description of the proposed expenditures..
98. Contingency Fund: An Act may create a Contingency Fund into which shall be paid from time to time such moneys as may be determined by law. Such Fund shall be under the control of the Government of Nepal. Any unforeseen expenditures shall be met out of such Fund by the Government of Nepal. The amount of the expenditures so met shall be reimbursed as soon as possible by an Act.
99. Act Relating to Financial Procedure: Matters relating to the transfer of moneys appropriated from one head to another and other financial procedures shall be regulated by an Act.