Part-33 Transitional Provisions

Part-33 Transitional Provisions

Transitional Provisions

295. Constitution of Federal Commission:

(1) The Government of Nepal may
constitute a Federal Commission for making suggestions on matters relating to the
boundaries of States.

(2) The names of the States under clause (3) of Article 56 shall be set by
a two thirds majority of the total number of members of the concerned State
Assemblies.

(3) The Government of Nepal shall constitute a commission for the
determination of the number and boundaries of Village Bodies, Municipalities and
Special, Protected or Autonomous Regions to be formed under clauses (4) and (5)
of Article 56. The commission must determine the number and boundaries of the
Village Bodies, Municipalities and Special, Protected or Autonomous Regions in
accordance with the criteria set by the Government of Nepal.

(4) The commission under clause (3) shall be constituted no later than
six months of the date of commencement of this Constitution. Its term shall be one
year.

296. Constituent Assembly to be converted into Legislature-Parliament:

(1) The Constituent Assembly existing at the time of commencement of this Constitution
shall ipso facto be converted into the Legislature-Parliament after the
commencement of this Constitution, and the term of such Legislature-Parliament
shall exist until 7 Magha 2074.Provided that if an election is held to the House of Representatives set forth
in this Constitution prior to the expiration of that term, the Legislature-Parliament
shall continue to exist until the day before the day specified for the filing of
nominations of candidates for that election.

(2) The Bills under consideration of the Legislature-Parliament at the
time of commencement of this Constitution shall ipso facto be transferred to the
Legislature-Parliament set forth in clause (1).

(3) The Legislature-Parliament set forth in clause (1) shall perform the
business required to be performed by the Federal Parliament in accordance with
this Constitution until election to the House of Representatives is held pursuant to
this Constitution.

(4) The legislative power of the State Assembly with respect of matters
set forth in Schedule-6 shall, upon the commencement of this Constitution, be
vested in the Legislature-Parliament set forth in clause (1) until the State
Assembly is formed. Any law so made shall be inoperative in relation to that State
after one year of the date of formation of the State Assembly set forth in this
Constitution.

(5) The Legislature-Parliament Secretariat, its Secretary General,
Secretary and employees existing at the time of commencement of this
Constitution shall, subject to the conditions of service in force at the time of their
appointment, exist in the Federal Parliament Secretariat set forth in this
Constitution.

(6) Where the Legislature-Parliament is in recess at the time of
commencement of this Constitution, the President shall summon its session no
later than seven days after the date of commencement of this Constitution. The
President shall thereafter summon a session of the Legislature-Parliament from
time to time.

297. Provisions relating to the President and the Vice-President: (1) The President
and the Vice-President existing at the time of commencement of this Constitution
shall continue to hold their respective offices until other President and VicePresident
are elected in accordance with this Article.

(2) The Legislature-Parliament set forth in clause (1) of Article 296
shall, on the basis of political understanding, elect the President and the VicePresident,
no later than one month after the date of the commencement of this
Constitution where the Legislature-Parliament is not in recess at the time of
commencement of this Constitution and after the date on which the session is
summoned in accordance with clause (6) of Article 296 where the LegislatureParliament
is in recess.

(3) In the event of failure to have an understanding under clause (2), the
President and the Vice-President must be elected by a majority of all the then
members of the Legislature-Parliament.

(4) If the office of the President or Vice-President elected in accordance
with clause (2) or (3) falls vacant for any reason, the President or Vice-President
shall be elected by the Legislature-Parliament in accordance with this Article until
the Federal Parliament is formed.

(5) The term of office of the President or Vice-President elected in
accordance with this Article shall continue to exist until another President or VicePresident
elected by an electoral college set forth in Article 62 assumes office.

(6) The office of the President or Vice-President elected in accordance
with this Article shall become vacant in any of the following circumstances:

(a) if the President tenders resignation in writing to the Vice-President
and the Vice-President, before the President,

(b) if a motion of impeachment against him or her is passed in
accordance with clause (7),

(c) if another President or Vice-President elected by an electoral college
set forth in Article 62 assumes office,

(d) if he or she dies.

(7) At least one fourth of the total number of the then members of the
Legislature-Parliament set forth in clause (1) of Article 296 may move a motion of
impeachment against the President or Vice-President elected in accordance with this Article on the ground of serious violation of this Constitution and law. If the
motion is passed by at least two thirds majority of the total number of the then
members of the Legislature-Parliament, he or she shall relive of his or her office

298. Provisions relating to formation of Council of Ministers:

(1) The Council of
Ministers existing at the time of commencement of this Constitution shall continue
to exist until the Council of Ministers set forth in clause (2) is formed.

(2) The Prime Minister shall, on the basis of political understanding, be
elected no later than seven days after the date of the commencement of this
Constitution where the Legislature-Parliament is not in recess at the time of
commencement of this Constitution, and after the date on which the session of the
Legislature-Parliament summoned in accordance with clause (6) of Article 296
commences where the Legislature-Parliament is in recess, and a Council of
Ministers shall be formed under his or her chairpersonship.

(3) In the event of failure to have an understanding under clause (2), the
Prime Minister shall be elected by a majority of all the then members of the
Legislature-Parliament.

(4) The composition and allocation of portfolios of the Council of
Ministers to be formed in accordance with this Article shall be made through
mutual understanding.

(5) The Council of Ministers to be formed in accordance with this
Article shall consist of a Deputy Prime Minister and other Ministers, as required.

(6) The Prime Minister appointed in accordance with this Article shall,
in appointing Ministers in accordance with clause (5), appoint Ministers from
amongst the members of the Legislature-Parliament, on the recommendation of
the concerned party.

(7) The Prime Minister and other Ministers appointed in accordance
with this Article shall be collectively responsible to the Legislature-Parliament and the Ministers shall be individually responsible to the Prime Minister and the
Legislature- Parliament for the work of their respective Ministries.

(8) The office of the Prime Minister appointed in accordance with this
Article shall be vacant in any of the following circumstances:

(a) if he or she tenders resignation in writing to the President,

(b) if a vote of no-confidence is passed against him or her or a vote of
confidence is not passed in accordance with clause (14),

(c) if he or she ceases to be a member of the Legislature-Parliament,

(d) if he or she dies.

(9) The office of the Deputy Prime Minister, Minister, Minister of State
and Assistance Minister appointed in accordance with this Article shall be vacant
in any of the following circumstances:

(a) if he or she tenders resignation in writing to the Prime Minister,

(b) if the Prime Minister is removed from office in accordance with
clause (8),

(c) if he or she is removed from office by the Prime Minister on the
recommendation or advice of the concerned party,

(d) if he or she dies.

(10) Even though the office of the Prime Minister falls vacant under
clause (8), the same Council of Ministers shall continue to act until another
Council of Ministers is constituted.

(11) If the Prime Minister appointed in accordance with this Article dies,
the Deputy Prime Minister or senior-most Minister shall act as the Prime Minister
until another Prime Minister is appointed.

(12) The Prime Minister appointed in accordance with this Article may,
whenever he or she considers necessary or appropriate to show/clarify that he or
she has confidence from the Legislature-Parliament, table a resolution to that
effect in the Legislature-Parliament for the vote of confidence.

(13) At least one-fourth of the total number of the then members of the
Legislature-Parliament may table in writing a motion of no-confidence against the
Prime Minister appointed in accordance with this Article.
Provided that a motion of no confidence shall not be tabled more than once
in six moths’ period against the same Prime Minister appointed in accordance with
this Article.

(14) A motion tabled under clauses (12) or (13) shall be decided by a
majority of the total number of the then members of the Legislature Parliament.

(15) The Government of Nepal shall, after the commencement of this
Constitution, exercise the powers of a State until the Council of Ministers of the
State set forth in this Constitution is formed.

299. Provisions relating to Speaker and Deputy Speaker:

(1) The Speaker and Deputy Speaker existing at the time of commencement of this Constitution shall
continue to hold their respective offices until another Speaker and Deputy Speaker
is elected pursuant to this Constitution.

(2) The members of the Legislature-Parliament shall, on the basis of
political understanding, elect one Speaker and one Deputy Speaker from
themselves no later than twenty days after the date of the commencement of this
Constitution where the Legislature-Parliament is not in recess at the time of
commencement of this Constitution, and after the date on which the session of the
Legislature-Parliament is summoned in accordance with clause (6) of Article 296
where the Legislature-Parliament is in recess.

(3) In the event of failure to have an understanding under clause (2), a
member of the Legislature-Parliament who commands a majority of all the then
members of the Legislature-Parliament shall be deemed to be elected as the
Speaker or Deputy Speaker.

(4) In holding electing in accordance with clause (2) or (3), the Speaker
and the Deputy Speaker shall be members representing different political parties in
the Legislature-Parliament.

(5) In discharging his or her functions in accordance with this
Constitution, the Speaker or Deputy Speaker shall so discharge functions in the
capacity of a neutral person without standing for or against any political party
whatsoever.

(6) The office of the Speaker or Deputy Speaker shall become vacant in
any of the following circumstances:

(a) if he or she resigns in writing,

(b) if he or she ceases to be a member of the Legislature-Parliament,

(c) if a resolution is passed by a majority of at least two-thirds of the
total number of the members of the Legislature-Parliament to the
effect that his or her conduct is not compatible with his or her office,

(d) if he or she dies.

(7) The Deputy Speaker or another member shall preside over a meeting
at which deliberations are to be held on a resolution that the conduct of the
Speaker of the Legislature-Parliament is not compatible with his or her office, and
the Speaker may take part and vote in the deliberations on such resolution.

(8) Other procedures on the election to the Speaker and Deputy Speaker
and procedures on the moving and passage of a motion that the Speaker or Deputy
Speaker has committed conduct not compatible with his or her office shall be as
provided by the then prevailing rules of the Legislature-Parliament.

300. Provisions relating to Judiciary:

(1) The Supreme Court, Constituent Assembly
Court, Appellate Courts and District Courts existing at the time of commencement
of this Constitution shall continue to exist until the structure of Judiciary set forth
in this Constitution is set up. Nothing in this Constitution shall be deemed to bar
the settlement by respective Courts of the cases already filed in such Courts prior to the commencement of this Constitution and of the cases to be filed after the
commencement of this Constitution.

(2) The Chief Justice and Judges of the Supreme Court, Chief Judges
and Judges of the Appellate Courts and Judges of the Districts Courts at the time
of commencement of this Constitution shall be deemed to have been appointed
under this Constitution.

(3) The High Courts set forth in Article 139 shall be established no later
than one year after the date of commencement of this Constitution. The Appellate
Courts existing at the time of commencement of this Constitution shall be
dissolved after the establishment of such Courts.

(4) After the establishment of the High Courts in accordance with clause
(3), the cases sub judice in the Appellate Courts shall be transferred to such High
Courts as specified by the Government of Nepal, in consultation with the Judicial
Council, by notification in the Nepal Gazette.

(5) After the establishment of the High Courts in accordance with clause
(3), the Chief Justice shall, on recommendation of the Judicial Council, post the
Chief Judges and Judges of the Appellate Courts who are holding office at the
time of commencement of this Constitution to the offices of the Chief Judges and
Judges of the High Courts.
(6) The Additional Judges of the Appellate Courts who are holding
office at the time of commencement of this Constitution may continue to hold
office until the term specified at the time of their appointment.

(7) The cases on criminal offences punishable by imprisonment for a
term of more than one year and sub judice in any body other than a Court at the
time of commencement of this Constitution shall, after the commencement of this
Constitution, be transferred to the concerned District Court.

301. Provisions relating to Constitutional Bodies and officials thereof: (1) The
Constitutional Bodies which are existing at the time of commencement of this Constitution and provided in this Constitution shall be deemed to have beenformed under this Constitution, and nothing shall be deemed to bar the settlement
of the matters under consideration of such Bodies subject to this Constitution.

(2) The chiefs or officials of the Constitutional Bodies holding office at
the time of commencement of this Constitution shall be deemed to have been
appointed in accordance with this Constitution and shall continue to hold their
respective offices subject to the conditions of services at the time of their
appointments.

(3) The officials holding office in the Commission for the Investigation
of the Abuse of Authority and the Public Service Commission, at the time of
commencement of this Constitution, in excess of the number specified in this
Constitution, shall continue to hold their respective offices subject to the
conditions of services at the time of their appointments.

302. Formation and operation of government services at State and Local levels: (1)
The Government of Nepal shall make necessary provisions for the delivery of
services at the State and Local levels.

(2) The Government of Nepal may, in making provisions under clause
(1), arrange for the delivery of services by making adjustment of the employees
serving in the government services at the time of commencement of this
Constitution with the Federal, State and Local levels in accordance with law.

303. Provisions relating to Local Bodies:

(1) The Local Bodies existing at the time of
Commencement of this Constitution shall continue to exist until the determination
of the number and areas of the Local level in accordance with this Constitution.

(2) Election to the officials of the Local Bodies existing under clause (1)
shall be held in accordance with law.

(3) The officials of the Local Bodies elected in accordance with clause
(2) shall continue to hold office until election to the Local level is held in
accordance with this Constitution.

304. Existing laws to remain in force:

(1) The Nepal laws in force at the time of
commencement of this Constitution shall continue to be in force until such laws
are repealed or amended.Provided that any law which is inconsistent with this Constitution shall ipso
facto be invalid to the extent of such inconsistency, after one year of the date on
which the first session of the Federal Parliament set forth in this Constitution is
held.

(2) Acts relating to peace process under the Interim Constitution of
Nepal, 2007 (2063) shall be deemed to have been done under this Constitution.

305. Power to remove difficulties: If any difficulty arises in connection with the
implementation of this Constitution until the commencement of the first session of
the Federal Parliament, upon being elected in accordance with this Constitution,
the President may, on the recommendation of the Government of Nepal, Council
of Ministers, issue necessary orders to remove such difficulty; and such orders
must be submitted to the Legislature-Parliament or Federal Parliament, held
immediately after the issue such orders, for approval.