Part-III

Chapter -1
The Executive
22. Executive power exercisable by king, minister and others: (1) The executive power of the state vesting in the king shall be exercisable by him either directly or through ministers or other officers subordinate to him;
Provided that, nothing in this section shall be construed as affecting the validity and operation of any Nepal law conferring powers and functions upon authorities subordinate to the king.
(2) Without prejudice to the generality of the foregoing provision, the supreme command of the defense forces of Nepal shall be vested in the king.
23. Grant of pardons reprieves etc: (1) The Government shall have power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit or commute the sentence of any person convicted of any offence by any court in Nepal or by a court martial.
(2)Nothing in Sub-section (1) shall affect the power conferred by law on any officer of the Armed forces of Nepal to suspend, remit or commute a sentence passed by a court martial. Council of ministers
24. Council of ministers: (1) There shall be a council of ministers with the prime minister at the head, to aid and advise the king in the exercise of his functions.
(2) The question any, and, if so, what, advice was tendered by ministers to the king, shall not be enquired into any court.
25. Appointment and tenure of ministers: (1) the prime minister shall be appointed by the king and the other ministers shall be appointed by the king, on the advice of the prime minister.
(2) The ministers shall hold office during the pleasure of the king.
(3)The Council of Ministers shall be collectively responsible for the advice tendered to the king.
26. Executive action to be expressed to be taken in the name of Government: (1) all executive action of the Government of Nepal shall be expressed to be taken in the name of Government.
(2) Orders and other instruments made and executed in the name of the Government shall be authenticated in such manner as may be specified in rules to be made by the Government, and
the validity of an order or instrument, which is so authenticated, shall not be called in question on the ground that it is not an order or instrument made or executed by the Government.
(3) Rules making power: The Government shall make rules and instructions for the more convent transaction of the business of the Government of Nepal, and for the allocation among the
ministers of the said business.
27. Duty of prime minister: It shall be the duty of the prime minister-
(a) To communicate to the king all decision of the council of ministers relating to the administration of the affairs of Nepal;
(b) To furnish such information relating to the administration of the affairs of Nepal as the king may call for: and
(c) If the king so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council. Procedure in financial matters
28. Annual financial statement (budget):-The Government shall, in respect of every financial year, cause to be prepared a statement of the estimated receipts and expenditure of the Government of Nepal for that  year. This statement shall be known as the Annual financial statement (budget).
29. Passing of the annual financial statement: The annual financial statement shall be laid before the advisory Assembly and the Assembly shall have power to discuss and vote upon any demand or grant or exceptional grant.
Provided that, nothing in this section shall be deemed to entitle the Advisory Assembly to consider the demand for His Majesty the king’s Privy Purse or matters connected therewith.
Provided further that, the provisions of sections 56, 57, 58 shall be applicable to all considerations under this section.
Chapter-2
Legislative power
30. Legislative power of the king: For the avoidance of doubt, it is hereby declared and affirmed that, notwithstanding anything contained in any Nepal law or in any judgment of any court, the king has and continues to have sovereign and plenary powers to make laws for the
peace, order, and good Government of Nepal.
31. Legislation initiated by the council of ministers: (1) In enacting laws for the peace, order and good Government of Nepal, the king may act on the advice of the council of ministers, in accordance with the provisions of this section.
(2) It shall be lawful for the council of ministers to submit a bill for the consideration of the king.
(3) The king may assent to a Bill submitted to him under Subsection (2), or he may withhold his assent thereto, or he may return the Bill with a massage requesting that the council of ministers will
reconsider the Bill or Any specified provisions  particular, consider the desirability of introducing any such amendment as he may recommend, and the council of ministers shall reconsider the
Bill accordingly.
(4) If the king assents to any Bill so submitted, the Bill shall become law and have effect accordingly.
(5) This section shall have effect subject to the provisions of chapter IV.
Provided that, it shall be lawful for the council of ministers to submit, for the consideration of the king, a Bill which has not been considered and approved of by the advisory Assembly-
(i) If no Advisory Assembly has been constituted under the provisions of chapter IV; or
(ii) If the Advisory Assembly constituted under the provisions of chapter IV is not in session and the council of ministers consider that it is necessary, in the public interest, immediately to enact a law as proposed in the Bill.
Chapter-3
Judiciary
32. Pradhan Nyayalaya: (1) There shall be a Pradhan Nyayalaya. (2)The constitution, powers and functions of the Pradhan Nyayalaya shall be as determined by law.
Chapter-4
The Advisory Assembly General
33. Constitution: (1) There shall be constituted an Advisory Assembly for Nepal consisting of so many members as His Majesty the king may determine, who will be selected by His Majesty the king from qualified  citizens of Nepal, and, of all the members of the council of Ministers,
Ministers of state and Deputy Ministers as its ex- officio members.
(2) The Advisory Assembly shall cease to exist on the formation of a constituent Assembly.
34. Selection of members:- The non-official members shall be selected, as for as possible, as representatives of various areas, classes and interests of Nepal.
35. Qualifications: A person shall not be qualified to be selected as a member of the Adversary Assembly unless he-
(a) is a citizen of Nepal;
(b) is not less than 25 years of age; and
(c) does not possess any disqualification as described in the next Section.
36. Disqualifications: (1) A person shall be deemed to be disqualified for selection as a member of the Advisory Assembly, if he-
(a) holds any office of profit under the Nepal Government,
(b) is convicted or found guilty of any offence involving moral turpitude or corrupt or illegal
practice, and
(c) is of unsound mind. For the purpose of this section a person shall not be deemed to hold an office of profit under the Government of Nepal by reason only that he is a member of the council of Ministers of Nepal or is a Minister of state or a Deputy Minister.
(2)No one shall be deemed to be a member of the Advisory assembly till he has taken the oath of office.
37. Vacation of seat: (1) A member of the adversary Assembly shall be deemed to have vacated his seat if-
(a) he tenders his resignation in his one hand –writing to the Speaker of the Advisory- Assembly;
(b) he becomes subject to a disqualification mentioned in Sec. 36.
(c) he absents himself from all the sittings of the Assembly for a period of Twenty Five days without
the permission of the Assembly. In computing this period of Twenty Five days, no account shall
be taken of any period during which the Assembly was prorogued or his adjourned for more than four consecutive days.
(2) If any question arises as to whether a member of the Assembly has become subject to any of the disqualification mention in Sec. 36. The question shall be referred for the decision of His Majesty
the King and his decision shall be final.
38. Salary and allowances of member: The salary and allowances of the members of the Assembly shall be as fixed by the King.
39. If a person sits or votes as a member of the advisory Assembly before he has taken an oath or affirmation or when he knows that he is not qualified or that he is disqualified for membership thereof, he shall be liable in respect of each day on which he sits or votes, to a penalty of
Moru 100 to be recovered from him as a debt due to Government.

40. The right of filling any vacancy in the Assembly shall vest in His Majesty the King.
Officers of the Assembly
41. Election of speaker and Deputy Speaker: Under the president ship of a member or any other person so nominated by the King, the  Advisory Assembly shall at its first meeting choose two members to be respectively Speaker and Deputy Speaker thereof and so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be the Speaker or Deputy speaker as the case may be. The election of the speaker and the Deputy Speaker shall be made by a majority vote and the ex-officio members shall not be entitled to seek election to these posts.
42. Vacation of office of Speaker and Deputy Speaker: The Speaker or Deputy Speaker of the Assembly-
(a) shall vacate his office if he ceases to be a member of the Assembly;
(b) may at any time, by writing under his hand addressed to His Majesty the king, resign his office; and.
(c) may be removed from his office by a resolution of the Assembly passed by Two-Third majority vote.
43. Absence of Speaker or Deputy Speaker: (1) while the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker, or if the office of Deputy Speaker is also vacant, by such member of the Assembly as His Majesty the King may appoint for the purpose.
(2)In any sitting of the Assembly, the deputy Speaker shall in the absence of the Speaker act for the Speaker and if the Deputy speaker is also absent then a person selected by the assembly according to rules shall perform such functions of the Speaker.
44. Speaker’s, Deputy Speaker’s right of vote: The Speaker, or the Deputy Speaker, any other member when he is acting for the Speaker, shall have no right to vote in the first instance but may exercise a casting vote in the case of equality of votes.
45. Speaker, Deputy Speaker not to sit when resolution about their removal is under consideration: When a resolution to remove the speaker is under consideration in the Assembly, then the speaker and when a resolution o remove the Deputy Speaker is under consideration then the Deputy Speaker, shall not attend the meeting of the Assembly.
46. Salary and allowances of Speaker, Deputy Speaker: The salaries and allowances of Speaker and the Deputy Speaker shall be as fixed by the king. Summoning of the Assembly and its session
47. Summoning of the Assembly: (1)the Advisory Assembly shall be summoned at least twice in every year , and six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
(2) Subject to the provision of Sub-section (1) above, His Majesty the King may from time to time-
(a) Summon the Advisory Assemble to meet at such time and place as he thinks fit, and
(b) Prorogue the Assembly.
48. King’s address to Assembly: At the Commencement of every session of the advisory Assembly, His majesty the king shall address it and inform it of the causes of its summons.
49. King’s message to Assembly: (1) His Majesty the king may address the advisory Assembly and for that purpose require the attendance of members;
(2) His majesty the king may send messages to the Advisory Assembly, whether with respect to a matter pending before the Assembly or otherwise, and the Advisory Assembly shall by all  convenient dispatch consider any matter required by the message to be taken into consideration.
Conduct of Business
50. Oaths of members: Every member of the Advisory Assembly shall, before taking his seat, make and subscribe before His Majesty the king or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the first schedule.
51. Decision by majority vote: (1) Save as otherwise provided in this act, all questions at any sitting of the Assembly shall be determined by a majority of votes of the members present and voting, other than the speaker or the person acting as speaker.
(2) No proceeding in the Assembly shall be held to be invalid on account of any vacancy in the membership there of or it being discovered subsequently that some person who was not entitled so to do, sat or voted or took part in the proceedings.
(3) Quorum: The quorum to constitute a meeting of the Assembly shall be 25 members.
(4) If at any time during a meeting of the Assembly there is no quorum, it shall be the duty of the speaker, or the person acting as such, either to adjoin the Assembly or to suspend the meeting until there is a quorum.
Special privileges of the members
52. Freedom of speech: (1) Subject to the provisions of this Act and to the rules and standing orders regulating the procedure of the Assembly, there shall be freedom of speech in the Assembly.
(2) No member of the Assembly shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Assembly or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of the Assembly of any report, paper, votes, or proceedings. Powers of the Advisory Assembly
53. Discussions Exceptions: The Adversary Assembly may discuss any matter connected with the legislative and executive functions of the Government, save.
(a) any question or matter the discussion of which might affect the friendly relations of the Government of Nepal with any foreign power;
(b) any question regarding the person or personal conduct of His majesty the king or a member of the Royal family;
(c) any matter, the disclosure of which will not be in public interest such as the movements and postings of the troops;
(d) any motion expressing censure of or want of confidence in any Minister or the cabinet as a whole.
54. Voting upon bills: It shall be necessary for the promulgation of any law to get it discussed and voted upon in the advisory Assembly before
obtaining the approval of His Majesty the king.
55. Questions: Any member of the Assembly may put questions regarding any matters connected with the legislative or executive functions of the Government of Nepal except on the subjects excluded in section 53.
56. Non-official bill or resolution: Any member of the Assembly may, with the permission of the Speaker and in accordance with the rules of procedure of the Assembly, move a bill or a resolution for the consideration of the Assembly.
57. King’s refusal to assent: His Majesty the King may, in his discretion, refuse to give his assent to any bill or resolution passed by the  Assembly or may return it to the Assembly for such changes or
amendments as he may deem fit.
58. Certification by King: If any Government bill or resolution is rejected by the Assembly or if the Assembly does not accept the changes or amendments suggested by His Majesty the King and if His Majesty the king consider that bill or their changes or amendments to be in public
interest, he may certify the said Bill or their changes or amendments to have been passed by the Assembly.
59. Rule making: His majesty the King may make Rules for regulating, subject to the provisions of this act, the procedure and the conduct of business of the Assembly.
Chapter-5
Comptroller and Auditor General of Nepal
60. Appointment, Salary: (1) There shall be a comptroller and Auditor General of Nepal who shall be appointed by the Government.
(2) The salary and other conditions of service of the comptroller and Auditor General will be the same as those of the judge of the Pradhan Nyayalaya.
61. Forms of accounts: The accounts of Nepal Government shall be kept in such form as the comptroller and the Auditor General of Nepal may, with approval of the king, prescribe.
62. Reports: The reports of the comptroller and Auditor General of Nepal relating to the accounts of the Nepal Government shall be submitted to the King.