Chapter-21 Provisions Relating to Approval of the Proclamation or Orders of State of Emergency

Chapter-21 Provisions Relating to Approval of the Proclamation or Orders of State of Emergency

Chapter-21

Provisions Relating to Approval of the Proclamation or Orders of State of Emergency 143. Motion for Approval of the Proclamation or Orders of State of Emergency:

(1) In case a proclamation or order has been issued by the President of Nepal pursuant to Sub-Article (1) of Article 143 of the Constitution, the Prime Minister shall give a notice relating to a motion for approval of such proclamation or order to the Secretary General in such a manner that such declaration or order may be approved within one month of the date of issuance of such an order.

(2) The notice referred to in Sub-rule (1) shall be given Five days before the day on which discussion shall be held on the motion.

(3) Upon receipt of the notice referred to in Sub -rule (1), the Speaker shall fix the day and time to introduce it in the House. Provided that, while fixing such a date and time, it shall be fixed in such a manner that the time of one month is not lapsed from the date of issuance of it.

(4) On the day and at the time fixed by the Speaker pursuant to Sub-rule (3), the Prime Minister shall, with the approval of the Speaker, introduce the mot ion to the House having given a statement as to the basis and reasons for issuing the declaration or the order.

(5) Upon submission of the motion pursuant to Sub -rule (4), the Speaker shall fix the date and time to have discussion on the motion. The discussion shall be over after the Prime Minister, or in case the Prime Minister happens to be in ill-health or he/she is unable to attend in person for arising out of a circumstance beyond he/she control, the Minister designated by him/her gives replies to the questions raised during the discussion.

(6) Upon completion of the discussion pursuant to Sub – rule (5), the Speaker shall submit the motion to the House for decision.

(7) On the motion introduced pursuant to Sub-rule (1), the decision of the Legislature-Parliament shall be based on division.

144. Motion for Extending Duration of the Proclamation or Orders of State of Emergency:

(1) The Prime Minister shall give to the Secretary General a notice of the motion for extending the duration of the proclamation or order pursuant to Sub-Article (5) of Article 143 of the Constitution five days in advance.
(2) Other procedures relating to the motion referred to in Sub-rule (1) shall be as stated in Rule 143.

145. Information to Council of Ministers: The Secretary General shall inform the Council of Ministers as to whether or not a motion under this Chapter has been approved.