Chapter-20 Treaties or Agreements

Chapter-20
Treaties or Agreements

140. Submission of Treaty or Agreement:

(1) In case a treaty or agreement, to which Nepal or Government of Nepal has to become a party, needs to be ratified, acceded to, approved or accepted by Legislature-Parliament pursuant to Article 156 of the Constitution, the concerned Minister shall give a notice to the Secretary General or Secretary at least five days in advance enclosing the attested copies of such a treaty or agreement having stated the nature of the treaty or agreement and the following details relating thereto: –

(a) Objectives of the treaty or agreement which needs to be ratified, approved or accepted, the major provisions of it, and the reasons and justification for Nepal or Government of Nepal to become a party to it;
(b) The benefits to be derived from such a treaty or agreement and the obligation to be borne there from;
(c) Description as to whether or not a separate law has to e enacted for implementing such a treaty or agreement;
(d) In case of a multilateral treaty or agreement, if there are countries being parties to it, their name and number;
(e) In case of need of reservation in a multilateral treaty or agreement, the reason thereof and the proposal for reservation.

(2) Upon receipt of the notice pursuant to Sub-rule (1), the Secretary General or Secretary shall notify all Members at least one day in advance stating the date and time of presenting of the treaty or agreement having enclosed a copy thereof.
(3) While presenting the treaty or agreement for ratification, accession, approval or acceptance, the Minister concerned shall make a statement and move for general discussion to be confined on whether or not to ratify, acceded to, accept or approve the treaty or agreement.
(4) The Speaker shall allot the time for general discussion on the treaty or agreement to be held pursuant to Sub-rule (3).
(5) The Minister concerned shall answer to the questions raised during discussion at the end of the discussion.

141. Amendment on Reservation:

(1) If any reservation may be made under the provisions of the treaty or agreement or if any declaration may be made clarifying the position of Government of Nepal in respect of the interpretation of any provision of such treaty or agreement, a Member intending to move an amendment within the limits of the matter shall give a notice of such an amendment to the Secretary General within forty-eight hours of the closure of general discussion on such a treaty or agreement pursuant to Sub-rule (3) of Rule 140.

(2) In respect of the amendment received pursuant to Sub-rule (1), the Speaker shall have powers to accept or reject or to accept with amendments subject to the provisions of these Rules.

142. Methods for Debate and Decision on Treaty or Agreement:

(1) While having discussion on a treaty or Agreement pursuant to this chapter, the Speaker may apply, mutatis mutandis the procedures referred to in Chapter- 12 f these Rules which are generally applied in respect of debate on the Bills.
(2) Upon completion of the general discussion on the treaty or agreement pursuant to Sub-rule (1), the Speaker shall put the treaty or agreement to the House for decision as to whether or not the treaty or agreement should be ratified, acceded, approved or accepted in the original form or if  reservation could be made to any Clause of such a treaty or  agreement, the reservation or declaration and the amendment suggested to it pursuant to Rule 141, if any