PART 34 - Miscellaneous

By Nepalko on April 09, 2017

  1. (270) Provision relating to Referendum: 
    1. If the two third majority of the total members in the federal legislature take a decision that it is necessary to make a decision on any matters of national importance through referendum, a decision may be reached on such matters through referendum.
    2. The procedures pertaining to referendum shall be as determined by the law.
  2. (271) Pardon: The President may grant pardons to persons convicted, and suspend, commute, or reduce any sentence imposed by any court, judicial or quasi-judicial bodies or administrative officer or authority.
  3. (272) Titles, honors, and decorations:  
    1. The President shall confer the titles, honors, or decorations to be conferred on behalf of the State.
    2. Any citizen of Nepal shall have to take approval from the Government of Nepal before accepting any title, honor, or decoration from the government of any foreign country.
  4. (273) Right to enter into treaty : 
    1. The right to enter into treaty or agreement shall rest in federation.
    2. The Government of Nepal shall have to consult respective province while making the treaties or agreement on matters under provincial list.
    3. The Council of Ministers of a province may enter into a contractual agreement on industrial and economic issues after taking approval from the Government of Nepal.
  5. (274) Ratification of, accession to, acceptance of or approval of treaties or agreement: 
    1. The ratification of, accession to, acceptance of or approval of treaties or agreement to which the State of Nepal or the Government of Nepal is to become a party shall be as determined by the law.
    2. The laws to be made pursuant to clause (1) shall, inter alia, require that the ratification of, accession to, acceptance or approval of treaty or agreement on the following subjects be done by two thirds majority of the total members in both houses of federal legislature:-
      1. peace and friendship,
      2. security and strategic alliance,
      3. the boundaries of Nepal, and
      4. natural resources and the distribution of their uses. 
        Provided that simple majority of the present members of House of Representatives can ratify, accede to, accept or approve ordinary type of treaty or agreement
        under section (a) and (d) that do not have wide, grave or long term impact on the nation
    3.  No agreement or treaty to be done after the commencement of this constitution shall be implemented by the Government of Nepal or State of Nepal so long as it is not ratified, acceded, accepted or approved according to this Article.
    4. (4)  Notwithstanding anything contained in clause (1) and (2), there shall be no agreement and treaty that may adversely affect regional integrity of Nepal.

  6. (275) Special Provision Rating to Exercise of president Function In case the position of the President and Vice-President of Nepal falls vacant at once under this constitution, the Prime Minister shall perform the responsibilities mandated to the President under this constitution.
  7. (276) Review and revision of Special Powers : The Government of Nepal shall review and revise, along with census of every ten years, the provisions regarding special rights of the women and Dalit community and its implementation and effectiveness based on human development index.
  8. (277) Nepali Ambassadors and Emissaries: 
    1. The President shall appoint ambassadors of Nepal and other emissaries for specified purposes based on the principle of inclusion.
    2. The president shall accept the credentials from foreign ambassadors and diplomatic envoys.
  9. (278) Appointment to be made on Inclusive Principle: Appointment to the constitutional positions shall be made based on the principle of inclusion.
  10. (279) Provision relating to Constitutional Council: 
    1. There shall be a Constitutional Council for making recommendation in accordance with this constitution for appointment of Chief Justice, the chief and officials of constitutional bodes, consisting of Chairperson and members as follows:-
      1. Prime Minister-Chairperson
      2. Chief Justice-Member
      3. Speaker of the House of Representatives-Member
      4. Chairperson of National Assembly- Member
      5. Leader from the Opposition Party in House of Representatives -Member
      6. Deputy Speaker of House of Representatives-Member
    2. When the position of the Chief Justice falls vacant and a recommendation has to be made for the same, the Minister for Justice shall be present in the Constitutional Council as a member.
    3. The recommendation shall, in accordance with this constitution, have to be made by the Constitutional Council a month before the posts of Chief Justice, Chief and officials of Constitutional bodies fall vacant.
      Provided that, In case the posts have fallen vacant due to death or resignation, the recommendation for appointment has to be made so as to fulfill the vacant posts within a month from the day of position lying vacant.
    4. Other functions, rights and powers of the Constitutional Council and proceedings related to appointment of Chief Justice, chief and officials of Constitutional Council shall be as determined by the federal law.
    5. The Chief Secretary of the Government of Nepal shall function as the secretary of the Constitutional Council.
  11. (280) Formation of the Government Service: 
    1. The Government of Nepal may, in order to run the administration of the country, constitute civil service, judicial service and other services as required. The constitution, operation, and terms and conditions of such services shall be determined by federal Act.
    2. Positions of all federal governmental services shall be fulfilled on the basis of the principle of proportional inclusion according to federal law.
    3. Provincial council of ministers, village council and municipal council may form and operate various government services according to law as may be required for running the administration.
  12. (281) Constituency Delimitation Commission: 
    1. For the purpose of electing members, in accordance with this constitution, to federal legislature, provincial assembly, village assembly and municipal council, the government of Nepal may form a Constituency Delimitation Commission, with the following Chairperson and members in it:-
      1. A retired judge of the Supreme Court-Chairperson
      2. A geographer/geologist-Member
      3. A sociologist or demographer-Member
      4. An administrator or a legal expert-Member
      5. A special class gazetted officer from the Government of Nepal Member Secretary
    2. The procedural of Constituency Delimitation Commission shall be as determined at the time of constituting the Commission.
    3. Following persons shall be deemed eligible to be appointed as Chairperson and members of the Constituency Delimitation Commission:-
      1. who has held at least a Bachelor‟s Degree in a relevant subject from a recognized university
      2. who has attained the age of forty five years,
      3. who has high moral character.
    4. The position of the Chairperson or members of the Constituency Delimitation Commission shall be deemed vacant in the following circumstances:-
      1. if she /he submits written resignation,
      2. if Council of Ministers of Government of Nepal relieves him/her from duty, or
      3. if she /he dies.
    5. The Constituency Delimitation Commission, while delimiting the constituencies in accordance with this Article, shall, based on geography and population representation, maintain as far as practicable the equal ratio or proportionality between geography, population and the number of members.
    6. While delimiting the constituencies pursuant to clause (5), attention shall be paid to population density of the constituency, geographical conditions, administrative and transportation proximity, and the communal and cultural characteristics of the people living in such districts.
    7. No question shall be raised in any court of law regarding the constituencies determined by Constituency Delimitation Commission.
    8. The Constituency Delimitation Commission shall submit its report to the Government of Nepal about the work it has performed.
    9. The Government of Nepal shall submit the report received pursuant to clause (8) to the federal legislature and also forward it to the Election Commission for implementation.
    10. Constituency Delimitation Commission shall determine its own working procedures.
    11. The remuneration and other benefits of the Chairperson and members of the Constituency Delimitation Commission shall be similar to those of Chief Election Commissioner and Election Commissioners, respectively.
    12. The constituencies determined in pursuant to clause (5) shall be put to a review in every 20 years.
    13. The Government of Nepal shall provide staff to the Constituency Delimitation Commission in the number as required.

  13. (282) Language Commission: 
    1. The Government of Nepal shall establish a Language Commission ensuring representation of the provinces within a year from the commencement of this Constitution.
    2. There shall be a Chairperson and members as may be required in Language Commission.
    3. The term of office of the Chairperson and members of the Language Commission shall be of six years from the date of appointment. None of them shall be eligible for reappointment.
    4. The persons having possessed the following qualifications may be appointed to the position of chairperson or member of the Language Commission:-
      1. Having attained Master's degree on the concerned subject from a recognized University;
      2. Having the experience of at least 20 years in studies, teaching, researches on various languages of Nepal;
      3. Having attained the age of 45 years;
      4. Having high moral character.
    5. The office of the Chairperson or member of the Language Commission shall be vacant on any of the following circumstances:-
      1. If he/she tenders resignation in writing;
      2. If the Council of Minister of Government of Nepal removes him/her;
      3. If he/she attains the age of 65 years;
      4. If he/she dies.
    6. Powers, duties and powers of the Language Commission shall be as follows:-
      1. To determine the basis for a language to acquire status of official language and forward a recommendation to the Government of Nepal,
      2. To forward a recommendation to the government of Nepal regarding the measures to be adopted for the protection, promotion and development of languages,
      3. To measure the standards for development of mother language, and to forward a recommendation to the Government of Nepal regarding its potentials for use in education,
      4. To carry out research, monitoring and studies of languages.
    7. The Language Commission shall accomplish the tasks outlined in section of clause (3) within five years of formation.
    8. The Government of Nepal may, in coordination with the provincial government, establish the branch offices of Language Commission in the provinces.
    9. Other rights, duties and powers and proceedings of the Language Commission shall be as determined by federal law.
  14. (283) Special provisions relating to Citizenship of the office-bearers: 
    1. A person shall have acquired a citizenship by descent to be elected, nominated and appointed as the President, Vice-President, Prime Minister, Chief Justice, Speaker of the parliament, Chairperson of National Assembly, Head of the province, chief minister, speaker of provincial assembly and chief of security bodies.
    2. For appointment to the constitutional positions, other than those referred to in clause (1), the persons having obtained citizenship by descent, by naturalization or by birth may be eligible.
      Provided that in case of the person having obtained citizenship by naturalization, he/she shall have to have permanent domicile for at least ten years in Nepal and in case of the person having obtained citizenship by birth or person having obtained citizenship by naturalization under Article 11 (6), he/she shall have to have permanent domicile for at least five years in Nepal.
  15. (284) Provision relating to Trust: 
    1. Without prejudice to the fundamental norms of trusts, the federal parliament shall make laws concerning the rights of peasants having possession on trusts land and the rights of the trusts.
    2. Other provisions as to trusts shall be according to the federal law.
  16. (285) Not Eligible for Appointment: 
    1. Notwithstanding anything contained elsewhere in this constitution, a Nepali citizen having obtained permanent residence permission of a foreign country shall not be eligible for election, nomination or appointment to the position to be elected, nominated or appointed according to this constitution.
      Provided that there shall be no hindrance to elect, nominate or appoint such a person to such position after lapse of a period of three months after he/she waives such permanent residential permission.
    2. Other provisions as to the Nepalese citizens having obtained permanent residence permission of a foreign country as per clause (1) shall be as provided by federal law.
  17. (286) Provision relating to Parliamentary Hearing: 
    1. Prior to the appointment, on the recommendation of the Constitutional Council, of the officials, Justice of the Supreme Court, Justice of Constitutional Court, members of judicial council and ambassadors, there shall be a parliamentary hearing, in accordance with this constitution.
    2. A joint committee shall be formed, in accordance with law, comprising the members of both the houses of Federal Legislature for the purpose mentioned under clause (1).
    3. The members represented in the joint committee under clause (2) shall not be entitled to advocate in the Supreme Court until the term of the Federal Legislature.
  18. (287) Monitoring and evaluation of works of Constitutional Bodies: The chief and officials of the constitutional bodies shall be accountable and answerable to federal legislature. The respective committee of the House of Representatives may evaluate and monitor the functioning of the constitutional bodies, other than that of the National Human Rights Commission, and issue necessary directives and suggestions.
  19. (288) Annual report of Constitutional Body: 
    1. The constitutional bodies, formed in accordance with this Constitution, shall submit the annual report about its works to the President, who in turn shall have it presented at the federal legislature, through the Prime Minister.
    2. The details to be included in the report under clause (1) shall be as determined by law.
    3. Notwithstanding anything contained in clause (1), the constitutional bodies may prepare separate reports with regard to its functions in each province and submit the report to the Head of the Province.

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