Nepal 2006 Constitution (reviewed 2012)

Part 23. TRANSITIONAL PROVISIONS

159. Properties to be held in trust

1. The properties of the then King Birendra, Queen Aishwarya and their families shall be brought under control of the Government of Nepal and held in a trust, to be used for the interests of the nation.
2. All properties acquired by Gyanendra Shah in capacity of the then King (such as palaces, forests, parks and heritages of historical and archaeological importance situated in various places) shall be nationalized.

160. Provisions relating to the Council of Ministers

1. The Council of Ministers existing at the time of commencement of this Constitution shall be deemed to have been constituted under this Constitution.
2. The Council of Ministers as referred to in Clause (1) shall exist until the Council of Ministers is constituted pursuant to Article 38.

161. Provisions relating to the Legislature-Parliament

1. The Legislature-Parliament as referred to in this Constitution shall be constituted immediately after the promulgation of this Constitution.
2. The House of Representatives and the National Assembly existing for the time being shall ipso facto be dissolved on the promulgation of this Constitution; and the first meeting of the Legislature-Parliament as referred to in this Constitution shall be held on the same day.
3. The Bills pending in the House of Representatives at the time of the promulgation of this Constitution shall be transferred to the Legislature-Parliament as referred to in this Constitution.
4. The Parliament Secretariat existing at the time of promulgation of this Constitution and the officials and employees serving in that Secretariat shall be deemed to be the Legislature-Parliament Secretariat and to have been appointed as officials and employees thereof under this Constitution.

162. Provisions relating to Judiciary

1. The Supreme Court, Appellate Courts and Districts Courts existing at the time of the commencement of this Constitution shall be deemed to have been established under this Constitution, and this Constitution shall not be deemed to bar the disposal by the respective Courts of the cases filed prior to the commencement of this Constitution.
2. The Judges serving in the Supreme Court, Appellate Courts and Districts Courts shall, after the commencement of this Constitution, take an oath of commitment to this Constitution in such form as determined by the Government of Nepal. Any Judge who refuses to take the oath shall ipso facto be relieved of his or her office.
3. Necessary legal provisions shall be made to keep on making reforms in the judicial sector based on democratic values and norms for the independent, fair, impartial and competent Judiciary.

163. Provisions relating to Constitutional Bodies and, Officials thereof

1. Out of the Constitutional Bodies and Officials thereof existing at the commencement of this Constitution, those Bodies and Officials which or who are not mentioned in this Constitution shall cease to exist after the commencement of this Constitution.
2. The Constitutional Bodies existing at the commencement of this Constitution shall be deemed to have been established under this Constitution; and this Constitution shall not be deemed to prevent from giving continuity to the issues pending in these Bodies pursuant to the laws in force. Necessary legal provisions shall be made to keep on making reforms in the Constitutional Bodies and their Officials in consonance with democratic norms and values.
3. The National Human Rights Commission constituted pursuant to the laws in force shall continue to exist pending the constitution of the National Human Rights Commission as provided in this Constitution; and, after the constitute of the National Human Rights Commission as referred to in this Constitution, the petitions and complaints pending before that Commission shall be transferred to this Commission; and the Commission shall deal with such petitions and complaints in accordance with this Constitution and laws made hereunder.

164. Existing laws to remain in force

1. All decisions, acts and proceedings made and carried out by the reinstated House of Representatives shall be deemed to have been made and carried out under this Constitution to the extent that they are not inconsistent with this Constitution.
2. The laws existing at the time of the commencement of this Constitution shall continue to be in force unless and 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 three months of the commencement of this Constitution.