Chapter-16 Motion on Impeachment

Chapter-16
Motion on Impeachment

101. Motion on Impeachment against the Chief or a
Member of Constitutional Body:

(1) In case any Member  desires to move a motion on impeachment against the Chief Justice or a Justice of the Supreme Court, the Chief  Commissioner or a Commissioner of the Commission for the Investigation of Abuse of Authority, the Auditor General, the Chairperson or a Member of the Public Service Commission, the Chief Commissioner or a Commissioner of the Election Commission, the Chairperson or a member of the National Human Rights Commission on grounds of incompetence, deleterious conduct or failure to discharge honestly the duties of the office or he/she has become unable to discharge the duties of the office due to physical or mental reason(s); such a Member shall, after obtaining the concurrence of one-fourth Members of the total Members of the House, give a notice of such motion to the Secretary General stating the grounds and reasons for moving the motion.

(2) Upon receipt of the motion under Sub-rule (1), the Secretary General or the Secretary shall present it to the Speaker. Such motion shall be scheduled for discussion on  any sittings of the House within Seven days from the date of filing of such motion.

(3) After being called upon by the Speaker on the date and time scheduled pursuant to Sub-rule (2), the Member moving the motion shall introduce the motion on impeachment in the House and he may, if he/she so desires, make a statement prior to introducing such a motion.

(4) After the motion as mentioned in Sub-rule (3) is introduced, the Speaker shall fix the time for discussion and after such discussion is over, the Member moving the motion may, if he/she wishes so, withdraw the motion with permission from the Legislature-Parliament.

(5) In case the motion is not withdrawn pursuant to Sub-rule (4), the Speaker shall move a motion to the House to constitute an Inquiry Committee consisting of a maximum of fifteen Members. While moving such a motion, powers including the powers of seeking an explanation from the person against whom the charge is made, of examining evidences, and of issuing a summon for that purpose shall also be mentioned therein.

(6) Any Member may move an amendment to the motion referred to in Sub-rule (5).

(7) After deciding upon the amendments submitted on the motion, the Speaker shall put the motion for constituting the Inquiry Committee or the amended motion for decision.

(8) If the motion constituting the Inquiry Committee moved pursuant to Sub-rule (7) is adopted, the Speaker shall send the motion on impeachment, together with the relevant documents, to the Inquiry Committee and send the information thereof to the body and the official concerned.

(9) The Members of the Inquiry Committee shall select the Chairperson of the Committee from among themselves.

102. Tenure of Inquiry Committee:

(1) Unless otherwise decided by the Speaker, the tenure of the Inquiry Committee shall be of Twenty One days in maximum from the date of its Constitution.

(2) In case the Committee could not complete its works within the prescribed period, it may request the House through the Speaker stating the reasons thereof for an extension of time limit and the House may extend a time of Seven days in maximum for one time.

103. Procedures of the Inquiry Committee:

(1) The Inquiry Committee shall commence its works immediately upon the receipt of the approved motion on impeachment together with the relevant documents.

(2) The Chairperson of the Committee shall regulate the procedures of the Committee subject to the direction of the Speaker.

(3) The Committee may seek an assistance of other authority, as may be necessary, in addition to that of the Legislature-Parliament Secretariat.

(4) In case the motion of impeachment introduced under this chapter has been based on the fact that any official has become unable to discharge his / her functions for physical or mental health condition, the Inquiry Committee may, in consultation with the Speaker, form a medical board comprising of three experts on the concerned subjects to examine the physical and mental condition of the concerned official and to submit a report thereof to the Inquiry Committee.

104. Report of the Inquiry Committee:

(1) The Committee shall investigate into each of the charges having given a reasonable opportunity to the person being impeached to defend himself/herself and thereafter, consider upon all of the facts involved thereto and decide as to whether or not the charges for impeachment is proved, and the Committee shall submit its Report to the House having stated the grounds and bases thereof along with its recommendations.

(2) The report shall be distributed to all Members at least two days in advance of the day on which discussion is going on in the House on the report referred to in Sub-rule (1).

105. Consideration on the report of Inquiry Committee:

(1) On the date and time prescribed by the Speaker, the Chairperson of the said Committee or he/she absence, Another Member prescribed by the Speaker, shall introduce a motion to the House to consider over the Committee report.

(2) Upon introduction of the motion referred to in Sub- rule (1), there shall be discussion over the report in the sitting.

(3) While having discussion pursuant to Sub-rule (2), any Member may submit an amendment to the report in a manner deemed appropriate by the Speaker or to send the report back to the Committee for having conducted an inquiry again on any special matter.

(4) In case the motion requiring sending Chapter-17 the report back to the Committee pursuant to sub- Rule (3) is passed, the report shall be sent to the Committee and the committee shall send the report again to the House having conducted an inquiry within Seven days.

106. Motion Calling for Approval of the Report of Inquiry Committee:

(1) Upon completion of discussion on the report pursuant to Sub-rule (2) of Rule 105 or receipt of the report of Inquiry Committee to the House pursuant to Sub-  rule (4) of the same Rule, the Chairperson of the Committee, or in he/she absence, another Member prescribed by the  Speaker, shall introduce a motion to the House for consideration over the Committee report.

(2) Upon introduction of the motion referred to in Sub- rule (1), any Member may, as per the procedures determined by the Speaker, bring an amendment to the report. (3) Upon completion of short discussion on the report introduced pursuant to Sub-rule (1) or the amendment introduced pursuant to Sub-rule (2), the Speaker shall submit all amendments to the House for decision and thereafter he/she shall submit the recommendations referred to in the report for decision in the House.

(4) On the motion of impeachment, the decision of the House shall be made through division.

(5) In case the report of the Inquiry Committee with the finding, upon conducting an inquiry pursuant to this Chapter against any office bearer, that the charge of impeachment is proved has been passed by a two third majority of the total Member of the Legislature-Parliament at the moment, the concerned office bearer shall ipso facto be relieved from the office.