Constitution

Nepal 2015 Constitution (reviewed 2016)

Table of Contents

PART 9. Federal Legislative Procedure

109. Legislative power of Federal Parliament

The legislative powers of the Federal Parliament shall be as enumerated in Schedule-5, Schedule-7 and Schedule-9.

110. The procedure of introducing a Bill

  1. A Bill may be introduced at either House of the Federal Parliament subject to this Constitution.Provided that finance bill may be introduced in the House of Representatives only.
  2. The finance Bill and Bills concerning the security agencies, including the Nepal Army, Nepal Police, Armed Police, shall be introduced only as a government Bill.
  3. “Finance Bill” means a Bill concerning all or any of the following subjects:
    1. the imposition, collection, abolition, remission, alteration of taxes or regulation of tax system.
    2. the preservation of the Federal Consolidated Fund or any other Federal Government fund, the deposit of money into and the appropriation or the withdrawal of money 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 raising of loans or the giving of guarantee by the Government of Nepal or any matter pertaining to the amendment of the laws concerning financial liabilities undertaken or to be undertaken by the Government of Nepal.
    4. the custody and investment of all revenues received by any Government fund, money acquired through the repayment of loans and the grant of money, or audit of the accounts of the Government.
    5. Matters directly related to sections (a), (b), (c) and (d).

    Provided that a bill shall not be deemed to be a 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 for imposition of any penalty or imprisonment.

  4. If any question is raised as to whether a bill is a finance Bill or not, the decision of the Speaker thereon shall be final.

111. Procedure for passing Bills

  1. A Bill passed by one House of the Federal Parliament shall be immediately sent to the other House, and after the bill is passed by that House, it shall be sent to the President for certification.
  2. The Finance Bill passed by the House of Representatives, shall be sent to the National Assembly. The National Assembly shall have to discuss on the Bill send it back to the House of Representatives with suggestions, if any, within fifteen days of receiving it.
  3. The House of Representatives shall discuss over the Bill returned with suggestions according to clause (2), incorporate the appropriate suggestions, if any, and present it to the President for certification.
  4. If the National Assembly does not return the Bill even after 15 days of receiving it according to clause (2), the House of Representatives shall send the Bill to the President for certification.
  5. Except In the case of a Finance Bill, the Bill sent to the National Assembly by the House of Representatives after passing it, the National Assembly shall have to send them back with suggestions after passing them within two months of receiving them. In the event when such bills are not returned by the National Assembly within the timeframe, the House of Representatives shall send such Bills to the President for certification, after making a decision on them with a majority voting of total existing number of members.
  6. If one House rejects the Bill passed by another House, or if it is passed with amendments, the Bill shall have to be sent back to the House where it had been originated.
  7. If a Bill is rejected by National Assembly, or sends it back with amendments to the House of Representatives, and if a majority of the existing number of members of the House of Representatives discuss over it and pass it as it is , or pass it with amendments, the Bill shall be presented to the President for certification.
  8. If a Bill is sent back to the National Assembly by the House of Representatives with amendments as provided for by clause (6), and if National Assembly also passes the Bill along with the amendments made, it shall be presented to the President for certification.
  9. The following Bills shall be presented in the joint meeting of both the Houses and if the Bill is passed as it is or with amendments by the joint meeting, the House where the Bill had originated shall present it before the President for certification.
    1. Bills Passed by the National Assembly but rejected by the House of Representatives, or
    2. Bills sent back by the House of Representatives to the National Assembly with amendments but National Assembly failing to agree on the amendment.
  10. If the session ends when a Bill is still under consideration, the next session may take over the procedure.Provided that, if a Bill is presented to the House of Representatives and is under consideration, or it is sent to National Assembly after passing it, but if the House of Representatives is dissolved while the Bill is still under consideration in the National Assembly, or if its tenure comes to an end, such Bill shall be considered not effective.

112. Withdrawal of Bill

The member who introduces a Bill may withdraw the Bill with the approval of the House.

113. Certification of the Bills

  1. The Bill which is presented to the President according to Article (111) for certification shall have to be authenticated by the Speaker or Chairperson of the House where it originated.Provided that, in the case of a Finance Bill, the Speaker shall have to authenticate it as Finance Bill.
  2. The Bill presented to the President for certification according to this Article, shall be certified within 15 days, and both the Houses shall be informed about that as early as possible.
  3. Except in the case of a Finance Bill, if the President is satisfied that reconsideration is necessary on a bill, the Bill may be sent back to the House where it originated with necessary information within 15 days of receiving the Bill.
  4. If the President sends back a Bill with the information and if both the Houses reconsiders the bill as it was presented or with amendments, and pass it and present it again to the President, the Bill shall be certified by the President within 15 days of its submission.
  5. The Bill becomes an Act after it is certified by the President.

114. Ordinance

  1. If at any time, except when both the Houses of the Federal Parliament is in session, the President is satisfied that circumstances exist which render it necessary to take action, the President may issue an Ordinance on the recommendation of the Council of Ministers.
  2. An Ordinance promulgated under clause (1) shall have the same force and effect as an Act.Provided that, every such Ordinance:
    1. Shall be tabled at the next session and if not passed by both the Houses, it shall cease to be effective,
    2. May be repealed at any time by the President,
    3. Shall unless rendered ineffective or repealed under section (a) or (b), cease to have effect after six months of its issuance, or after six months of the meeting of both the Houses,

    Explanation: For the use of this clause, if the meetings of the Federal Parliament are held at different dates, the time shall be count from the later date of the meeting.