Part-9 Federal Legislative Procedures

Part-9 Federal Legislative Procedures

Federal Legislative Procedures

109. Legislative powers of Federal Parliament: The legislative powers of the Federal
Parliament shall be as enumerated in the lists of Schedule-5, Schedule-7 and
Schedule-9.
110. Procedures for introduction of Bills:

(1) A Bill may, subject to this Constitution,
be introduced in any House of the Federal Parliament.
Provided that a Money Bill shall be introduced only in the House of
Representatives.

(2) A Money Bill and a Bill concerning a security body including the
Nepal Army, Nepal Police and Armed Police Force, Nepal shall be introduced only
as a Government Bill.

(3) “Money Bill” means a Bill concerning any or all of the following
subjects:

(a) the imposition, collection, abolition, remission, alteration or
regulation of taxes,

(b) the preservation of the Federal Consolidated Fund or any
other Federal Government Fund, the deposit of moneys into
and the appropriation or the withdrawal of moneys from such
Funds, or the reduction, increment or cancellation of
appropriations or of proposed expenditures from such Funds,

(c) the regulation of matters relating to the borrowing of money
or the giving of guarantee by the Government of Nepal, or
any matter pertaining to the amendment of the law with
respect to any financial obligations undertaken or to be
undertaken by the Government of Nepal,

(d) the custody and investment of all revenues received by any
Federal Government Fund, moneys acquired through the
repayment of loans, and grant moneys, or accounts or audits
of the accounts of the Government of Nepal, or
(e) Other matters directly related to any of the subjects specified
in clause (a), (b), (c)or (d).
Provided that any Bill shall not be deemed to be a Money Bill by the
reason only that it provides for the levying of any charges and fees such as
license fee, application fee, renewal fee or for the imposition of fines or
penalty of imprisonment.

(4) If any question arises whether a Bill is a Money Bill or not, the
decision of the Speaker thereon shall be final.

111. Procedures for passage of Bills:

(1) A Bill passed by one House of the Federal
Parliament shall be transmitted to the other House as soon as possible and such
Bill, if passed by the receiving House, shall be presented to the President for
assent.

(2) A Money Bill passed by the House of Representatives shall be
transmitted to the National Assembly. The National Assembly shall, after
deliberations on such Bill, send back the Bill to the House of Representatives
within fifteen days from the date of receipt of the Bill, with suggestions, if any.

(3) The House of Representatives shall, upon deliberations on a Bill
returned with suggestions under clause (2), present the Bill incorporating such
suggestions as it may deem appropriate to the President for assent.

(4) If the National Assembly does not return a Money Bill received
under clause (2) for more than fifteen days, the House of Representatives may
present the Bill to the President for assent.

(5) Any Bill, except for a Money Bill, passed by the House of
Representatives and transmitted to the National Assembly shall be returned with
approval or suggestions within two months from the date of receipt. If the National
Assembly does not return the Bill within that period, the House of Representatives
may, by a resolution passed by a majority of the total number of its existing
members, present the Bill to the President for assent.

(6) If any Bill, other than a Money Bill, passed by one House is rejected
or is passed with amendments by the other House, the Bill shall be returned to the
House where it originated.

(7) If the House of Representatives, in considering a Bill which has been
rejected or amended and returned by the National Assembly under clause (6),
passes it again as it was or with amendments, by a majority of the total number of
its existing members, the Bill shall be presented to the President for assent.

(8) If a Bill which has been returned with amendments by the House of
Representatives to the National Assembly under clause (6) is also again passed,
with such amendments, by a majority of the number of existing members ofthe
National Assembly, the Bill shall be presented to the President for assent.

(9) The following Bills shall be referred to a joint sitting of the both
Houses, and if the joint sitting passes the Bill as it was or with amendments, the
House in which the Bill originated shall present it to the President for assent:

(a) Bills which, though passed by the National Assembly, have
been rejected by the House of Representatives, or

(b) Bills which have been returned to the National Assembly with
amendments by the House of Representatives, but the
National Assembly has not agreed on such amendments.

(10) Even though the session of a House is prorogued while a Bill is
under its consideration, deliberations on the Bill may continue at the succeeding
session.Provided that if the House of Representatives is dissolved or its term
expires when any Bill introduced in the House of Representatives is under its
consideration or when any Bill passed by the House of Representatives is under
consideration in the National Assembly, such Bill shall lapse.

112. Withdrawal of Bills: One who has introduced a Bill may, with the approval of the
House, withdraw the Bill.

113. Assent on Bills:

(1) A Bill which is to be submitted to the President for assent
under Article 111 shall be so submitted by the Speaker or the Chairperson of the
House in which the Bill originated after it has been certified by him or her.
Provided that in the case of a Money Bill, the Speaker shall so certify.

(2) A Bill submitted to the President for his or her assent in accordance
with this Article shall be assented to within fifteen days, both Houses shall be
informed thereof as soon as possible.

(3) If the President is of the opinion that any Bill, except a Money Bill,
submitted for assent needs reconsideration, he or she may, within fifty days from
the date of presentation of such Bill, return the Bill with his or her message to the
House in which the Bill originated.

(4) If any Bill is returned with a message by the President, and both
Houses reconsider, passes such Bill as it was or with amendments and submit it
again, the President shall give assent to that Bill within fifteen days of such
submission.

(5) A Bill shall become an Act after the President gives assent to it.
114. Provisions relating to Ordinance:

(1) If, at any time, except when both Houses
of the Federal Parliament are in session, circumstances exist which render it
necessary to take immediate action, the President may, on recommendation of the
Council of Ministers, promulgate an Ordinance.

(2) An Ordinance promulgated under clause (1) shall have the same
force and effect as an Act.
Provided that every such Ordinance:

(a) shall be tabled at the session of both Houses of the Federal
Parliament held after the promulgation, and if not passed by
both Houses, it shall ipso facto cease to be effective,

(b) may be repealed at any time by the President, and

(c) shall, unless rendered ineffective or repealed under sub-clause

(a) or (b), ipso facto cease to be effective at the expiration of
sixty days after the day on which a meeting of both Houses is
held.

Explanation: For the purposes of this clause, “day on which a meeting of
both Houses is held” means the day on which a session or meeting of both
Houses of the Federal Parliament commences or is held, and this term
means the later day on which a meeting of the House is held if the Houses
of the Federal Parliament meet on different dates.