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Home / Constitution of Nepal-2072 / Part-33 | Transitional Provisions- the constitution of Nepal 2072/2015

Part-33 | Transitional Provisions- the constitution of Nepal 2072/2015

Part-33
Transitional Provisions
295. Constitution of Federal Commission: (1) The Government of Nepal may
constitute a Federal Commission for making suggestions on matters relating to
the boundaries of States.
(2) The names of the States under clause (3) of Article 56 shall be set
by a two thirds majority of the total number of members of the concerned State
Assemblies.
(3) The Government of Nepal shall constitute a commission for the
determination of the number and boundaries of Village Bodies, Municipalities
and Special, Protected or Autonomous Regions to be formed under clauses (4)
and (5) of Article 56. The commission must determine the number and
boundaries of the Village Bodies, Municipalities and Special, Protected or
Autonomous Regions in accordance with the criteria set by the Government of
Nepal.
(4) The commission under clause (3) shall be constituted no later
than six months of the date of commencement of this Constitution. Its term
shall be one year.
296. Constituent Assembly to be converted into Legislature-Parliament: (1) The
Constituent Assembly existing at the time of commencement of this
Constitution shall ipso facto be converted into the Legislature-Parliament after
the commencement of this Constitution, and the term of such Legislature-
Parliament shall exist until 7 Magha 2074.
Provided that if an election is held to the House of Representatives set
forth in this Constitution prior to the expiration of that term, the Legislature-
Parliament shall continue to exist until the day before the day specified for the
filing of nominations of candidates for that election.
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(2) The Bills under consideration of the Legislature-Parliament at the
time of commencement of this Constitution shall ipso facto be transferred to
the Legislature-Parliament set forth in clause (1).
(3) The Legislature-Parliament set forth in clause (1) shall perform
the business required to be performed by the Federal Parliament in accordance
with this Constitution until election to the House of Representatives is held
pursuant to this Constitution.
(4) The legislative power of the State Assembly with respect of
matters set forth in Schedule-6 shall, upon the commencement of this
Constitution, be vested in the Legislature-Parliament set forth in clause (1)
until the State Assembly is formed. Any law so made shall be inoperative in
relation to that State after one year of the date of formation of the State
Assembly set forth in this Constitution.
(5) The Legislature-Parliament Secretariat, its Secretary General,
Secretary and employees existing at the time of commencement of this
Constitution shall, subject to the conditions of service in force at the time of
their appointment, exist in the Federal Parliament Secretariat set forth in this
Constitution.
(6) Where the Legislature-Parliament is in recess at the time of
commencement of this Constitution, the President shall summon its session no
later than seven days after the date of commencement of this Constitution. The
President shall thereafter summon a session of the Legislature-Parliament from
time to time.
297. Provisions relating to the President and the Vice-President: (1) The President
and the Vice-President existing at the time of commencement of this
Constitution shall continue to hold their respective offices until other President
and Vice-President are elected in accordance with this Article.
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(2) The Legislature-Parliament set forth in clause (1) of Article 296
shall, on the basis of political understanding, elect the President and the Vice-
President, no later than one month after the date of the commencement of this
Constitution where the Legislature-Parliament is not in recess at the time of
commencement of this Constitution and after the date on which the session is
summoned in accordance with clause (6) of Article 296 where the Legislature-
Parliament is in recess.
(3) In the event of failure to have an understanding under clause (2),
the President and the Vice-President must be elected by a majority of all the
then members of the Legislature-Parliament.
(4) If the office of the President or Vice-President elected in
accordance with clause (2) or (3) falls vacant for any reason, the President or
Vice-President shall be elected by the Legislature-Parliament in accordance
with this Article until the Federal Parliament is formed.
(5) The term of office of the President or Vice-President elected in
accordance with this Article shall continue to exist until another President or
Vice-President elected by an electoral college set forth in Article 62 assumes
office.
(6) The office of the President or Vice-President elected in
accordance with this Article shall become vacant in any of the following
circumstances:
(a) if the President tenders resignation in writing to the Vice-
President and the Vice-President, before the President,
(b) if a motion of impeachment against him or her is passed in
accordance with clause (7),
(c) if another President or Vice-President elected by an electoral
college set forth in Article 62 assumes office,
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(d) if he or she dies.
(7) At least one fourth of the total number of the then members of
the Legislature-Parliament set forth in clause (1) of Article 296 may move a
motion of impeachment against the President or Vice-President elected in
accordance with this Article on the ground of serious violation of this
Constitution and law. If the motion is passed by at least two thirds majority of
the total number of the then members of the Legislature-Parliament, he or she
shall relive of his or her office
298. Provisions relating to formation of Council of Ministers: (1) The Council of
Ministers existing at the time of commencement of this Constitution shall
continue to exist until the Council of Ministers set forth in clause (2) is formed.
(2) The Prime Minister shall, on the basis of political understanding,
be elected no later than seven days after the date of the commencement of this
Constitution where the Legislature-Parliament is not in recess at the time of
commencement of this Constitution, and after the date on which the session of
the Legislature-Parliament summoned in accordance with clause (6) of Article
286 commences where the Legislature-Parliament is in recess, and a Council of
Ministers shall be formed under his or her chairpersonship.
(3) In the event of failure to have an understanding under clause (2),
the Prime Minister shall be elected by a majority of all the then members of the
Legislature-Parliament.
(4) The composition and allocation of portfolios of the Council of
Ministers to be formed in accordance with this Article shall be made through
mutual understanding.
(5) The Council of Ministers to be formed in accordance with this
Article shall consist of a Deputy Prime Minister and other Ministers, as
required.
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(6) The Prime Minister appointed in accordance with this Article
shall, in appointing Ministers in accordance with clause (5), appoint Ministers
from amongst the members of the Legislature-Parliament, on the
recommendation of the concerned party.
(7) The Prime Minister and other Ministers appointed in accordance
with this Article shall be collectively responsible to the Legislature-Parliament,
and the Ministers shall be individually responsible to the Prime Minister and
the Legislature- Parliament for the work of their respective Ministries.
(8) The office of the Prime Minister appointed in accordance with
this Article shall be vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if a vote of no-confidence is passed against him or her or a vote
of confidence is not passed in accordance with clause (14),
(c) if he or she ceases to be a member of the Legislature-Parliament,
(d) if he or she dies.
(9) The office of the Deputy Prime Minister, Minister, Minister of
State and Assistance Minister appointed in accordance with this Article shall
be vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the Prime Minister,
(b) if the Prime Minister is removed from office in accordance with
clause (8),
(c) if he or she is removed from office by the Prime Minister on the
recommendation or advice of the concerned party,
(d) if he or she dies.
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(10) Even though the office of the Prime Minister falls vacant under
clause (8), the same Council of Ministers shall continue to act until another
Council of Ministers is constituted.
(11) If the Prime Minister appointed in accordance with this Article
dies, the Deputy Prime Minister or senior-most Minister shall act as the Prime
Minister until another Prime Minister is appointed.
(12) The Prime Minister appointed in accordance with this Article
may, whenever he or she considers necessary or appropriate to show/clarify
that he or she has confidence from the Legislature-Parliament, table a
resolution to that effect in the Legislature-Parliament for the vote of
confidence.
(13) At least one-fourth of the total number of the then members of
the Legislature-Parliament may table in writing a motion of no-confidence
against the Prime Minister appointed in accordance with this Article.
Provided that a motion of no confidence shall not be tabled more than
once in six moths’ period against the same Prime Minister appointed in
accordance with this Article.
(14) A motion tabled under clauses (12) and (13) shall be decided by
a majority of the total number of the then members of the Legislature
Parliament.
(15) The Government of Nepal shall, after the commencement of this
Constitution, exercise the powers of a State until the Council of Ministers of
the State set forth in this Constitution is formed.
299. Provisions relating to Speaker and Deputy Speaker: (1) The Speaker and
Deputy Speaker existing at the time of commencement of this Constitution
shall continue to hold their respective offices until another Speaker and Deputy
Speaker is elected pursuant to this Constitution.
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(2) The members of the Legislature-Parliament shall, on the basis of
political understanding, elect one Speaker and one Deputy Speaker from
themselves no later than twenty days after the date of the commencement of
this Constitution where the Legislature-Parliament is not in recess at the time
of commencement of this Constitution, and after the date on which the session
of the Legislature-Parliament is summoned in accordance with clause (6) of
Article 296 where the Legislature-Parliament is in recess.
(3) In the event of failure to have an understanding under clause (2),
a member of the Legislature-Parliament who commands a majority of all the
then members of the Legislature-Parliament shall be deemed to be elected as
the Speaker or Deputy Speaker.
(4) In holding electing in accordance with clause (2) or (3), the
Speaker and the Deputy Speaker shall be members representing different
political parties in the Legislature-Parliament.
(5) In discharging his or her functions in accordance with this
Constitution, the Speaker or Deputy Speaker shall so discharge functions in the
capacity of a neutral person without standing for or against any political party
whatsoever.
(6) The office of the Speaker or Deputy Speaker shall become vacant
in any of the following circumstances:
(a) if he or she resigns in writing,
(b) if he or she ceases to be a member of the Legislature-Parliament,
(c) if a resolution is passed by a majority of at least two-thirds of the
total number of the members of the Legislature-Parliament to the
effect that his or her conduct is not compatible with his or her
office,
(d) if he or she dies.
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(7) The Deputy Speaker or another member shall preside over a
meeting at which deliberations are to be held on a resolution that the conduct
of the Speaker of the Legislature-Parliament is not compatible with his or her
office, and the Speaker may take part and vote in the deliberations on such
resolution.
(8) Other procedures on the election to the Speaker and Deputy
Speaker and procedures on the moving and passage of a motion that the
Speaker or Deputy Speaker has committed conduct not compatible with his or
her office shall be as provided by the then prevailing rules of the Legislature-
Parliament.
300. Provisions relating to Judiciary: (1) The Supreme Court, Constituent Assembly
Court, Appellate Courts and District Courts existing at the time of
commencement of this Constitution shall continue to exist until the structure of
Judiciary set forth in this Constitution is set up. Nothing in this Constitution
shall be deemed to bar the settlement by respective Courts of the cases already
filed in such Courts prior to the commencement of this Constitution and of the
cases to be filed after the commencement of this Constitution.
(2) The Chief Justice and Judges of the Supreme Court, Chief Judges
and Judges of the Appellate Courts and Judges of the Districts Counts shall be
deemed to have been appointed under this Constitution.
(3) The High Courts set forth in Article 139 shall be established no
later than one year after the date of commencement of this Constitution. The
Appellate Courts existing at the time of commencement of this Constitution
shall be dissolved after the establishment of such Courts.
(4) After the establishment of the High Courts in accordance with
clause (3), the cases sub judice in the Appellate Courts shall be transferred to
such High Courts as specified by the Government of Nepal, in consultation
with the Judicial Council, by notification in the Nepal Gazette.
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(5) After the establishment of the High Courts in accordance with
clause (3), the Chief Justice shall, on recommendation of the Judicial Council,
post the Chief Judges and Judges of the Appellate Courts who are holding
office at the time of commencement of this Constitution to the offices of the
Chief Judges and Judges of the High Courts.
(6) The Additional Judges of the Appellate Courts who are holding
office at the time of commencement of this Constitution may continue to hold
office until the term specified at the time of their appointment.
(7) The cases on criminal offences punishable by imprisonment for a
term of more than one year and sub judice in any body other than a Court at the
time of commencement of this Constitution shall, after the commencement of
this Constitution, be transferred to the concerned District Court.
301. Provisions relating to Constitutional Bodies and officials thereof: (1) The
Constitutional Bodies which are existing at the time of commencement of this
Constitution and provided in this Constitution shall be deemed to have been
formed under this Constitution, and nothing shall be deemed to bar the
settlement of the matters under consideration of such Bodies subject to this
Constitution.
(2) The chiefs or officials of the Constitutional Bodies holding office
at the time of commencement of this Constitution shall be deemed to have been
appointed in accordance with this Constitution and shall continue to hold their
respective offices subject to the conditions of services at the time of their
appointments.
(3) The officials holding office in the Commission for the
Investigation of the Abuse of Authority and the Public Service Commission, at
the time of commencement of this Constitution, in excess of the number
specified in this Constitution, shall continue to hold their respective offices
subject to the conditions of services at the time of their appointments.
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302. Formation and operation of government services at State and Local levels: (1)
The Government of Nepal shall make necessary provisions for the delivery of
services at the State and Local levels.
(2) The Government of Nepal may, in making provisions under
clause (1), arrange for the delivery of services by making adjustment of the
employees serving in the government services at the time of commencement of
this Constitution with the Federal, State and Local levels in accordance with
law.
303. Provisions relating to Local Bodies: (1) The Local Bodies existing at the time
of Commencement of this Constitution shall continue to exist until the
determination of the number and areas of the Local level in accordance with
this Constitution.
(2) Election to the officials of the Local Bodies existing under clause
(1) shall be held in accordance with law.
(3) The officials of the Local Bodies elected in accordance with
clause (2) shall continue to hold office until election to the Local level is held
in accordance with this Constitution.
304. Existing laws to remain in force: (1) The Nepal laws in force at the time of
commencement of this Constitution shall continue to be in force 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 one year of the
date on which the first session of the Federal Parliament set forth in this
Constitution is held.
(2) Acts relating to peace process under the Interim Constitution of
Nepal, 2007 (2063) shall be deemed to have been done under this Constitution.
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305. Power to remove difficulties: If any difficulty arises in connection with the
implementation of this Constitution until the commencement of the first
session of the Federal Parliament, upon being elected in accordance with this
Constitution, the President may, on the recommendation of the Government of
Nepal, Council of Ministers, issue necessary orders to remove such difficulty;
and such orders must be submitted to the Legislature-Parliament or Federal
Parliament, held immediately after the issue such orders, for approval.
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