Constitution

Nepal 2006 Constitution (reviewed 2012)

Table of Contents

Part 8. Legislative Procedure

84. Introduction of Bills

  1. Any member of the Legislature-Parliament may introduce a Bill in the House.Explanation: For the purposes of this Part, the expression “House” shall mean the House of the Legislature-Parliament and “member” means any member of the Legislature-Parliament.
  2. A Money Bill and a Bill concerning the Nepal Army, Armed Police Force, Nepal Police as well as security body shall be introduced only as a Government Bill.
  3. The expression “Money Bill” shall mean a Bill concerning any or all of the following subjects:
    1. the imposition, collection, abolition, remission, alteration or regulation of taxes;
    2. 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;
    3. 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 law with respect to any financial obligations undertaken or to be undertaken by the Government of Nepal;
    4. the custody and investment of all revenues received by any Government Fund, moneys acquired through the repayment of loans, and grant moneys; or audits of the accounts of the Government of Nepal; or
    5. matters directly related to any of the subjects specified in Clauses (a) to (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 and fees such as license fee, application fee, renewal fee or for the imposition of fines or penalty of imprisonment or for the levying of any taxes, charges or fees by any local authority.

  4. If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the Legislature-Parliament thereon shall be final.

85. Procedure for passage of Bills

  1. Any member intending to introduce a Bill in the House shall give a notice thereof to the Secretary General or the Secretary at least seven days prior to the introduction of such Bill.Provided that, an advance notice of five days shall suffice in the case of a Government Bill.
  2. A copy of the Bill shall be made available to every member two days in advance of the day for the presentation of the Bill.
  3. The member introducing the Bill may move a motion in the House that the Bill be taken into consideration.
  4. If the motion referred to in Clause (3) is carried, the Bill shall be discussed clause by clause in the House or the concerned committee.
  5. After the conclusion of the Clause by clause discussion in the House or after the conclusion of discussion on the report of the committee where the clause by clause discussion has been held in the committee, the member introducing the Bill shall move a motion that the Bill be passed.
  6. If the motion moved pursuant to Clause (5) is accepted by a simple majority of the total number of members of the House, the Bill shall be deemed to have been passed.

86. Withdrawal of Bills

The member introducing a Bill may, with the leave of the House, withdraw the Bill.

87. Authentication of Bills

A Bill passed by the House shall become an Act after it is authenticated by the President.

Provided that, such Bill shall be authenticated by the Speaker until the President is elected and assumes his or her duties.

88. Ordinance

  1. If at any time, except when the session or meeting of the Legislature-Parliament is not in recess, the President is satisfied that it is necessary to take immediate action, the President may, on the recommendation of the Council of Ministers, promulgate any Ordinance as required without prejudice to the provisions set forth in this Constitution.
  2. Any Ordinance promulgated under Clause (1) shall have the same force and effect as an Act.Provided that, every such Ordinance:
    1. shall be laid before the meeting of the Legislature-Parliament held after the promulgation, and if not passed by such meeting, it shall ipso facto cease to be effective;
    2. may be repealed at any time by the President; and
    3. shall, unless rendered ineffective or repealed under Subclause (a) or (b), ipso facto cease to have effect at the expiration of sixty days from the holding of the meeting of the Legislature-Parliament.