Chapter -12 Legislative Procedures

Chapter -12
Legislative Procedures

54. Notice for Leave to Introduce Bills:

1) Subject to the Constitution and these Rules, any Member may introduce a Bill. Any Member intending to introduce a Bill shall give a notice of his /her intention to the Secretary General or Secretary along with a copy of the Bill and a statement of objectives and reasons at least Seven days in advance. Provided that, in case of a government Bill, it shall be adequate to give an advance notice of Five days.

(2) In case a Bill creates a financial burden after being an Act, such a Bill shall be accompanied with a financial memorandum with detailed description. Such financial memorandum shall call attention to the Sections involving expenditure and shall also give an estimate of the recurring and non-recurring expenditure involved in case the Bill is passed into an Act.

55. Introduction of Dependent Bills:

(1) A Bill which is wholly or partly dependent upon another Bill pending before the House may be introduced in the House in anticipation of passing the principal Bill. Provided that, the dependent Bill shall not be taken up for consideration before the principal Bill has been passed.

56. Non-inclusion of Identical Bill in the List: Unless otherwise ordered by the Speaker, when a Bill is pending before the House, notice of any other Bill, which is identical in respect of subject matter and objective, whether it may be received before or after the introduction of the pending Bill,shall not be entered in the list of the noticed Bills.

57. Memorandum Regarding Delegated Legislation:

A Bill containing the provisions for delegation of legislative powers shall be accompanied by a memorandum explaining the reasons thereof and calling attention to the nature and limitation of the law to be made under such delegated power and the effects resulting therefrom.

58. Bill to Replace Approved Ordinance:

In case a Bill having the purpose of seeking to replace an Ordinance issued by the President as it is or with an amendment has to be introduced, it shall be accompanied by a statement explaining the reasons and circumstances which had necessitated immediate legislation by an Ordinance.

59. Process of Introducing a Bill:

Unless otherwise ordered by the Speaker, a copy of the Bill shall be made available to all Members two days in advance of the date on which the motion for leave to introduce the Bill is to be moved.

60. Notice of Opposition to the Motion Introducing the Bill:

Any Member intending to oppose the motion for leave to introduce a Bill shall submit a notice thereof to the Secretary General or Secretary one day in advance of the day on which the motion of leave to introduce the Bill is to be moved.

61. Motion for Leave to Introduce a Bill:

(1) If a motion for leave to introduce a Bill is opposed, the Speaker shall permit the Member who opposed and the Member who moved to introduce the Bill to make a short statement respectively. Thereafter, the Speaker shall, without further debate, put the question for decision of the sitting.

(2) Where a leave to introduce a Bill is granted pursuant to Sub-rule (1), the Member introducing the Bill shall forthwith introduce the Bill at the House and after the Bill is introduced, he/she may on some subsequent occasion make one of the following motions-

(a) That the Bill be considered over; or
(b) That the Bill be circulated for the purpose of eliciting public opinion.
(3) Where the Member in charge of the Bill has moved one of the motions pursuant to Sub-rule (2), any other Member may move another motion under the same Sub-rule.

62. General Discussion on the Bill:

During the discussion on the motion referred to in Sub-rule (2) of Rule 61, only the principles of the Bill may be discussed. Except where it is deemed necessary to explain the intention of the Bill, no  discussion shall be made on the Sections of the Bill and no  amendment may be moved in respect of the Bill.

63. Procedures for Eliciting Public Opinion:

(1) Where a motion that a Bill be circulated for the purpose of eliciting public opinion thereon is passed, the Secretary General or  Secretary may, in addition to publishing the Bill in the Nepal Gazette specifying the ascertained period for collection of opinion, also publicize it through other appropriate media and, after compiling the opinions received during such specified period, deliver them to the Member introducing the
Bill.

(2) Other procedures of eliciting public opinion shall be as determined by the Speaker.

64. Procedures after Receiving Public Opinion:

The Member introducing the Bill may, having enclosed the opinions received pursuant to Sub-rule (1) of Rule 63, move with a motion that the Bill along with the public opinion, be  taken into consideration in the House.

65. Procedures after Conclusion of General Discussion:

(1) Upon conclusion of general discussion on a Bill, the Member introducing the Bill may move one of the following motions-

(a) That the Bill be discussed Clause by Clause in the House; or
(b) That the Bill be referred to the Legislative Committee for Clause by Clause discussion;

(2) Where the Member introducing the Bill has moved any motion under Sub-rule (1), any other Member may move
another motion under the same Sub-rule.

66. Authorization to Move a Motion:

If the Member introducing a Bill is unable to be present for reasons which the Speaker considers adequate, the Speaker may grant a leave to another Member authorized by the Member introducing the Bill to move a motion in respect of the Bill.

67. Notice of Amendments to the Bill:

(1) Any Member intending to move an amendment to a Bill shall give a notice to the Secretary General or Secretary with the amendment proposed by him/her within seventy two hours of the completion of the general discussion on the Bill.
(2) The Secretary General or Secretary shall make available to the Members the particulars of the amendments received.

68. Conditions Relating to Amendments:

(1) The amendments to a Bill may be moved subject to the following
conditions-

(a) The amendment must be relevant to the subject matter of the Bill and within the scope of the Bill.
(b) The amendment must not be inconsistent with the inherent principles of the Bill.
(c) The amendment must not be vague, meaningless or trivial.
(d) The amendment sought to be made in any Section  must be relevant to the subject matter of such a Section.
(e) The amendment must not be inconsistent with any previously accepted principles or previous decision of the House.
(f) The amendment must clearly and specifically suggest the particular provision or words substituting any provision or words in the Bill.

(2) Subject to this Rule, the Speaker shall have powers to accept or refuse any amendment or to call upon the concerned Member to make improvement thereon, or to accept them by consolidating more than one amendments of the same intention into a single amendment.

69. Order of Amendments:

The amendments approved by the  Speaker shall be included in the list of amendment in an orderly manner to the extent possible.

70. Clause by Clause Discussion along with Amendments:

(1) Amendments shall ordinarily be considered in the order of the sections of the Bill to which they respectively relate to and the Member moving the amendment or the Member authorized by him, when called upon by the Speaker, may move the amendment.

(2) With respect to each section which has been left  intact or accepted with amendment after the discussion, the Speaker shall orderly introduce a motion for decision stating, “Let this section become a part of the Bill.” Provided that, in order to save time and repetition of arguments, a single discussion may be allowed on one Section or to cover a series of inter-dependent amendments to such a Section. During the process of Clause by Clause discussion, any part or any Section of a Bill may be considered in a non-sequential manner or any Part or Section may be deferred for later discussion.

(3) Notwithstanding anything contained elsewhere in  these Rules, for the purposes of this Rule and Rules 71, 72,73 and 74, the word “Speaker” means the Chairperson of the  Legislative Committee and the word “House” means the  sittings of the Committee during the Clause by Clause  discussion on a Bill in Legislative Committee unless the subject or context otherwise requires

71. Withdrawal of Amendments:

The Member moving an  amendment may, with the leave of the sitting, withdraw the  amendment. Provided that, where an amendment has been proposed  to an amendment, the original amendment shall not be withdrawn until the amendment proposed to it has been disposed of.

72. Discussion on Schedules:

Unless otherwise decided by the  Speaker, consideration over the Schedules of a Bill and amendments received thereon shall follow immediately after consideration over the concerned Section, and the question for the decision of the sitting shall be put in the same order.

73. Voting on Group of Sections:

The Speaker may, if he/she  thinks fit, also put as one question the Sections or the  Schedules or any amended Sections or Schedules of the Bill, together in the form of a group for the decision of the sitting. Provided that, if any Member requests that any Section  or Schedule or amended Sections or Schedules be put
separately for the decision of the Sitting, the Speaker shall put them separately.

74. Submission of Preamble and Title:

Only upon disposal of all other Sections and the Schedules of a Bill, if any, the Speaker shall put the question at the end that the Preamble  and the Section relating to the Title be made a part of the  Bill in the original or amended form.

75. Directives May be Issued:

While transmitting any Bill  under consideration of the House to a Legislative Committee or during the consideration of a Bill by a Legislative Committee, the House may direct the Committee to widen  the scope or main objective of the Bill or to insert or delete  any particular provision.Provided that, such a directive must not be inconsistent with the main spirit of the Bill.

76. Report of the concerned Committee:

After conclusion  of Clause by Clause discussion on a Bill in a Committee and the completion of the process referred to in Rule 74, a Report of the decision of the Committee shall be prepared and the Chairperson, or in his / her absence, a Member of the  Legislative Committee designated by the Speaker, shall  submit the Bill along with the Report to the sitting.

77. Bill may be Withdrawn:

(1) If the Member introducing the  Bill intends to make a motion for leave to withdraw the Bill, he/she shall have to give a notice thereof one day in advance.

(2) If a motion for leave to withdraw a Bill is made  while such a Bill is under consideration of the concerned Committee, the Committee shall submit a Report to this effect to the sitting.

(3) The Member withdrawing the Bill shall, with the approval of the Speaker, move the motion in the sitting of the Legislature-Parliament for withdrawing the Bill.

(4) If the motion for withdrawal of the Bill is opposed, the Speaker may permit the Members proposing and opposing the motion to deliver short statements for clarifying their respective stands and thereafter, he/she shall put the motion for decision without further debate.

78. Procedures after Tabling of the Report of the concerned Committee:

(1) After the Report of the  concerned Committee is tabled; the Report shall be circulated to all Members.

(2) Unless otherwise ordered by the Speaker, the  Member introducing the Bill may, at any time after twenty four hours of the circulation of the Report, move one of the following motions:-

(a) That the Bill along with the Report be considered, or  (b) That the Bill be sent back to the concerned Committee with directives for reconsideration in respect of any specific Section or Sections.

(3) Where the Member introducing the Bill has moved  one of the motions mentioned in Sub-rule (2), any other Member may move another motion under the same Sub-rule.

(4) Where a motion has been moved pursuant to Sub- rule (3), the Speaker shall permit the Member moving such a motion and the Member introducing the Bill to make statements and, if the Member moving the motion subsequently does not withdraw his motion after both of the Members have made their statements, the Speaker shall put  the motion for decision of the Legislature-Parliament.

(5) If it is decided to send the Bill back to the  Committee, it shall be sent to the concerned Committee for reconsideration on the Bill and to submit a Report thereof.

(6) The concerned Committee shall consider upon the  Bill sent for reconsideration pursuant to Sub-rule (5) as soon as possible and shall submit the Bill to the House along with  its Report prepared pursuant to Rule 76.

(7) After distribution of the Report submitted by the  concerned Committee pursuant to Sub-rule (6) to the Members, the Member introducing the Bill may, on the date and at the time fixed by the Speaker, move a motion as referred to in Clause (a) of Sub-rule (2).

(8) After approval of the motion referred to in Clause (a) of Sub-rule (2) or in Sub-rule (7), discussion may be held only on the Report of the concerned Committee and the Sections of the Bill relating thereto and other sequential Sections.

79. Motion for Passing of a Bill:

Where a Bill has undergone  Clause by Clause discussion in the House, after closure of such a discussion; and where Clause by Clause discussion has been held in the concerned Committee, after closure of discussion on the Report of the Committee, and when the  amendments have been put in the order thereof for decision  of the Legislature-Parliament; the Member introducing the Bill shall move the motion that the Bill be passed.

80. Removal of Bill from Register:

(1) A Bill shall be removed from the Register of the House on the following
conditions-

(a) In case the House has disapproved any of the  following motions submitted by the Member introducing the Bill:

(1) Let the House grant leave to introduce the Bill;
(2) Let the House consider on the Bill or the Bill along  with a report of the Committee;
(3) Let the House pass the Bill or the Bill along with  amendments.
(b) In case the motion introduced pursuant to Rule 61 has  been disapproved;
(c) In case the Bill has been withdrawn;
(d) In case the Member introducing the private Member’s Bill ceases to remain a Member of the Legislature- Parliament; or
(e) In case the Member introducing the private Member’s Bill has been appointed to a Minister prior to passage of the Bill.
(2) No motion may be moved in the House in respect of the Bill removed from the Register record of the House pursuant to Sub-rule (1).

81. Powers of the Speaker to Improve Minor Mistakes:

The speaker may, if he/she deems necessary, rearrange the serial number of Sections of the Bills and make necessary consequential improvement in the Bills passed by the House.

82. Re-introduction of Bill:

No Bill once rejected by the House shall be introduced again in the same session.

83. Authentication of the Bill:

(1) The Bill passed by the Legislature- Parliament shall be submitted to the President for authentication having certified by the Speaker.

(2) The Bill passed by the Legislature-Parliament shall become an Act after it has been authenticated by the President.

(3) After receipt of notice of the President’s authentication pursuant to Sub-rule (2), the Speaker shall read out the notice to the House. In case such a notice has been received at a time when the session is not going on, the Speaker shall cause to publish such a notice in the Bulletin  of the Legislature-Parliament and also cause to publicize the  notice.

(4) One copy of the Bill authenticated pursuant to Sub- rule (2) shall be retained at the record of the Legislature-Parliament and one copy of the Bill shall be furnished to  each of the Office of the President, the Office of the Prime Minister and Council of Ministers and Ministry of Law, Justice and Constituent Assembly Affairs.

84. Procedures of the Bill to Amend to the Constitution:

(1) In case of a Bill to amend to the Constitution pursuant to Article 148 of the Constitution, the procedures relating to the Bills under this chapter shall be applicable subject to this Rule.

(2) Amendment motion may be submitted only on the points of the Article, Sub-Article, Clause, sub-Clause, or Explanation in which an amendment motion has been received pursuant to Sub-rule (1).

(3) The Speaker may, having obtained an approval of  the House, form a special Committee for the purpose of
submitting a Bill along with its report having conducted a Clause by Clause discussion on the Bill received pursuant to Sub-rule (1) and the amendment motion to it.

(4) The Speaker shall have to submit for decision one by one of each of the Articles or Sub-Articles of the Bill relating to amendment to the Constitution or the amendment  suggested to it.

(5) In case the motion requiring for approving the Bill  to amend the Constitution has been approved by Two Third majority of the current total Members of the Legislature- Parliament, the Bill shall be deemed to have been passed.

(6) The motion requiring for approving the Bill to  amend the Constitution shall be decided by the process of division of votes.