Chapter-23 Miscellaneous Provisions

Miscellaneous Provisions

148. Attorney General to Express Opinion:

(1) In case the Speaker deems it necessary to seek legal advice of the Attorney General, he/she may allow the Attorney General to express opinion having been present in the House.
(2) There shall be no discussion on the opinion expressed pursuant to Sub-rule (1).
(3) The procedures as to expressing the opinion pursuant to Sub-rule (1) shall be as determined by the Speaker.

149. Special Powers of the Secretary General:

The General- Secretary shall be entitled to enter into any sitting of the Legislature-Parliament or of any Committee or sub- Committee thereof to instruct or control the Secretary or other officer on duty in the sitting, and he/she may give advises relating to the procedures demanded by the Sittings.

150. Security of Records:

(1) The Secretary General shall cause o keep the records of decisions and documents of the proceedings of the Legislature- Parliament and its Committees.
(2) The Secretary General shall not allow anyone to take out from the building of the Legislature-Parliament the records to be maintained pursuant to Sub-rule (1) without an order of the Speaker.

151. Language:

(1) The proceedings of the Legislature- Parliament or its various Committees shall be in Nepali language. In case any Member has spoken in he/she mother tongue,  provision shall be made to maintain record thereof.
(2) Notwithstanding anything contained in Sub-rule (1), in case of Member with statement disability, the Speaker permit to express he/she opinion in symbolic language and allow he/she assistant to interpret and read out to the House.

152. Legal Opinion and Advice:

In case any legal question is raised regarding the procedures of the proceedings of the Legislature-Parliament or its Committees, the advice of the legal adviser at the Secretariat shall be sought and the legal ad visor also shall represent the Legislature-Parliament and its Committees in a case involving the Legislature- Parliament or any of its Committee as a party. Provided that, this Rule shall not be deemed to have hindered the Legislature-Parliament or any committee to point a separate legal expert for that purpose and to get his / her assistance.

153. Nomination of Member:

Except those provided for in these Rules, the Speaker shall nominate a Member to represent to a Committee concerned with the Legislature- Parliament, group, association, or the like bodies having regard to the knowledge, skills, interests, and the party structure in the House and the formation and proceedings of such a Committee, group, association, or bodies shall be as prescribed by the Speaker.

154. Right to Regulate the Entrance:

(1) Generally, the sittings of the Legislature-Parliament shall remain open.

(2) The Speaker shall have power to regulate the entrance, taking into consideration the convenience of those who are interested in observing the proceedings. The Speaker may also make or cause to be made provisions for entrance passes, whenever the need arises to regulate the entrance.

(3) Any person who entree the building with an entrance pass pursuant to Sub-Rule (2) is required to abide by the rules and conditions printed on the pass. Anyone found not following such conditions shall be expelled from the building on the order of the Speaker.

155. Address to the House:

(1) If the Head of the state, head of the government or secretary general of United Nation requesting to the Government of Nepal for addressing to the House, the speaker may permission.

156. Short Description of Proceedings of Legislature- Parliament:

The short description of proceedings of the  Legislature-Parliament shall be made available to the Members.

157. Internal Procedures:

(1) The Speaker may, in consultation of the Conduct of Business Advisory Committee and with approval of the Legislature- Parliament, frame internal procedures as may be necessary.

(2) In the internal procedures to be farmed pursuant to Sub-rule (1), the following procedures shall, interalia, also be included:

(a) Procedures of Inter-parliamentary Union of Nepali National Group.
(b) Procedures of various friendly groups of Inter- Parliamentary Union.

158. Suspension of Rules:

Member may, with the permission  from the Speaker, introduce a motion for suspension of a particular Rule under these Rules that the Rule be not applied to a particular issue which is currently before the Assembly for consideration. If approved, such a Rule shall be considered suspended for that period.

159. Power to Remove Difficulties: The Speaker shall have powers, subject to the Constitution and these rules, to issue necessary orders and directives in order to remove difficulties appearing in the implementation of these Rules. Such orders and directives shall be submitted before the sitting of the House to be convened immediately for approval. All such approved orders and directives shall be deemed to have been incorporated in these Rules.

160. Interpretation of these Rules:

The Speaker shall have  powers to interpret these Rules, and he/she decision shall be final. Notice of such decision shall be given to the House.

161. Functions of Secretary General may be carried out:

In the absence of the Secretary General, the senior official delegated by the Speaker shall perform all functions to be performed by the Secretary General under these Rules.

162. Functions of Secretary may be carried out:

In  the absence of the Secretary, the senior official delegated by the Speaker shall carry out the functions prescribed to be carried   out by the Secretary under these Rules.

163. Rumination of Official and Member:

The Salary and allowance of Officials and Members shall manage as per the law.

164. Amendment to Rules:

(1) The House may bring necessary amendments to these Rules.
(2) A Member may, if he/she deems an amendment necessary, notify the Speaker of the proposal to amend these Rules along with reasons for the amendment.
(3) If the Speaker deems the notice is appropriate pursuant to Sub-Rule (2), and due permission, The Member may introduce a motion to the House for approval to set up a Rule Drafting Amendment Committee along with the name of Committee Member.
(4) The Committee formed as per Sub-rule (3) shall consist of Members as needed, and the Members shall select the Chairperson among themselves.
(5) The procedures upon submission of the report by  the Committee to the House shall be as those applicable to a Bill except otherwise altered by the Speaker.

165. To be as per Constituent Assembly Rules:

It shall be as  per these Rules on the matters provided for in these Rules, and it shall be as per the Constituent Assembly Rules, 2013 on the matters not provided for in these Rules.

166. Repeal and Saving:

(1) The Legislature-Parliament (Conduct of Business of Legislature- Parliament) Rules, 2008 have been repealed.

(2) The acts performed and actions carried out under the Rules referred to Sub- Rule (1) shall be deemed to have been performed and carried out pursuant to this Rules