Ashar 29 (July 13, ) and the Interim Constitution of Nepal The English translation is based on that which was initially done by Mr. Hereby promulgate this Interim Constitution, of Nepal, drafted through political consensus, for an interim period until a New Constitution. The Prime Minister shall appoint the Chief Justice of the Supreme Court on the recommendation of the Constitutional Council, and the Chief.
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Part 12 Auditor -General Provided thata if before the expiry of his term, the Auditor General attains the age of sixty five, he shall not remain in his post, b he may be removed from his office on the same grounds and in the same manner as has been set forth for the removal of a Judge of the Supreme Court.
The remuneration and other conditions of service of the Auditor General shall not be revised to his disadvantage as long as he holds office. Functions, Duties and Powers of the Auditor General: The Auditor General may issue necessary directives regarding the principles to be considered for carrying out the audit of such corporate bodies. It shall be the duty of the concerned office chief to provide all such documents or information sought by the Auditor General or his assistants.
Provided that — a if before the expiry of his term, the Chairperson or the member of the Public Service Commission attains the age of sixty five, he shall not remain in the post. The remuneration and other conditions of service of the Chairperson and members shall not be revised to their disadvantage as long as they hold office. Provided that — a Nothing in this Clause shall bar the appointment of a member of the Public Service Commission to be the Chairperson of the Commission, and when a member is so appointed as the Chairperson, his term of office shall be computed by including his tenure as member as well.
For the purposes of this Article, all services and positions in the Nepal Government except Army Officers or Soldiers and armed police or the police service and such other services and positions excluded by the Act from the Civil Service are included within the Civil Service.
Provided that — a If before the expiry of his term, the Chief Election Commissioner or an Election Commissioner attains the age of sixty five, he shall retire.
The remuneration and other conditions of service of the Chief Election Commissioner and the Election Commissioners shall not, so long as they hold office, be altered to their disadvantage. Provided that- a Nothing in this Sub-clause shall bar the appointment of an Election Commissioner as Chief Commissioner, and when a Commissioner is so appointed as the Chief Commissioner, his term of office shall be computed including his tenure as Commissioner.
Functions, Duties and Powers of the Election Commission: For these purposes, the Election Commission shall prepare the electoral rolls of voters. The Nepal Government shall provide such necessary employees and other 53 things as may be required to carry out the functions of the Election Commission in accordance with this Constitution.
Four persons from amongst the reputed persons who have provided outstanding contribution in the field of protection and promotion of human rights or social work — Members 2. The appointment of Chairperson and Members in the National Human Rights Commission shall ensure representation from all fields including the woman.
The Interim Constitution of Nepal – 2063 (2007 AD) Part II – English
The term of the office of the Chairperson and the Members of the Commission shall be six years from the date of appointment. The position of the Chairperson and the Members shall be considered vacant under the following circumstances: No person shall be appointed for term of the Chairperson or the Members without having the following qualifications: The remuneration, facilities and other conditions of service of the Chairperson and Members of the National Human Rights Commission shall be as prescribed by the law.
Such conditions of the remuneration and services shall not be changed inappropriately during their term. The person once appointed as the Chairperson or the Members of National Human Rights Commission shall not be eligible for appointment in any other government service.
However, this clause shall not be considered as an obstacle to perform any work for any political position or in any position in order to carry out investigation, inquires and examination on any matter or for appointment in any position to provide recommendation, suggestion and idea following study and research of such matter.
The primary duty of the National Human Rights Commission shall be to guarantee the respect, protection and promotion of the human rights and their effective implementation.
In order to perform the responsibility mentioned in clause 1, the Commission may carry out the following functions: Recommend to file the petition in the court in accordance with the law constitutoin the person violated the human rights, in case of necessity; d. Communicate and coordinate with the civil society to raise human rights awareness; 55 e. Review cknstitution provisions of the human rights provided at the prevailing law and submit necessary recommendations to the Government of Nepal for revision and modification on such provisions; g.
Recommend with reasons to the Government of Nepal to sign the international treaties and instruments on human rights and in case of the provided treaties and instrument, monitor their implementation and if found not being implemented, submit the necessary and appropriate recommendations to the Government of Nepal for effective implementation of such provisions, h.
Publicize the names of official, person or agency not following or implementing the recommendations and directions of the National Human Rights Commission regarding the violations of human rights and recorded them as the human rights violators in accordance with law.
The National Human Rights Commission in performing its functions and duties shall use the following powers: Enter any government premises or other places without prior notice and rescue, requiring for the immediate action upon receiving the information on violation of human rights of a person; d.
Order for the compensation as accordance to the law, to the victims of human rights violations; e.
The Interim Constitution of Nepal – ( AD) Part I – English | Canada Foundation for Nepal
Shall use or order to use of other powers and perform the duties as provided in englisu law. Provided that nothing in this article, any matter within the jurisdiction of the Military Act, the National Human Rights Commission shall not have jurisdiction.
However, provided that nothing will bar the Commission from carrying out the functions with respect to violations of human rights and humanitarian laws. Under this Constitution, National Human Rights Commission shall submit the yearly report of its activities to the Prime Minister and the Prime Minister shall arrange such report to be laid before the Parliament.
The report submitted as under clause 1 shall constitute besides other details, the description of complaints registered at the Commission throughout the year, description of examinations and investigations of such complaints, recommendations made to the Government of Nepal for various matters, numbers of the cases if filed in the court against the person violated human rights, description of areas to improve in future regarding the constitugion and promotion of human rights 57 Part 16 Attorney -General Appointment of the Attorney- General: The tenure of the Attorney General shall be at the discretion of the Prime Minister.
If the incumbent Attorney General submits a letter of resignation to the Prime Minister. If the Prime Minister releases Attorney General from the office.
In case of death of the Attorney General. The other terms and conditions of the post shall be determined by the law.
Functions, Duties and Rights of the Attorney interkm To provide legal advice to the Government of Nepal and or the person designated by the Government shall be the duty of the Attorney General. Unless this constitution otherwise requires the final decision, to initiate legal action in the court of law or before a notary on behalf of the Nepal Government shall rest with the Attorney General. Right to access to the Legislature-Parliament: But the Attorney General does not enjoy the right to vote.
Progressive Restructuring of the State: The composition, function, duty, rights and conditions of service will be determined by the Government of Nepal. Provision for Regional Autonomy: Mobilization and Management of Revenue: Prohibition on the Imposition of Restrictions on Political Parties: To garner public support and assistance for their ideology, philosophy and programme, they can carry out or cause to carry out publicity and any other activities for that purpose.
Any law, arrangement or decision which restricts any such activities shall be considered inconsistent with this Constitution and shall ipso facto be void. Registration required for securing recognition for the purpose of contesting elections as a political party: Political parties failing to do so, their names shall be removed from the list of the Election Commission.
The Orders issued in this manner shall be operative with the same force and effect as law so long as the state of emergency lasts. However, Articles 13, 14, 16, 17, 18, 20, 21, 22, 23, 26, 29, 30 and 31, and the rights to constitutional remedy and habeas corpus relating to such Articles shall not be suspended. Formation of Nepali Army: The Council of Ministers, with the consensus of the political parties and by seeking the advice of the concerned committee of the Legislature-Parliament, shall formulate an extensive work plan for the democratization of the Nepali Army and implement it.
Interim management of combatants: The Council of Minister shall form a special committee for the monitoring, adaptation and rehabilitation of the combatants of the Maoist Army, and the functions, duties and powers of the committee shall be as determined by the Council of Ministers. Arms management and monitoring: Amendment of the Constitution: The Council shall consist of the following chairman and members: Nepalese Ambassador and special emissary: The Council of Minister may appoint the Nepalese Ambassador and other special emissaries for specified purposes.
The Council of Ministers may grant pardon, suspend, commute or remit any sentence passed by any law court, special court, military court or any other judicial or quasi-judicial, or administrative authority or institution. Titles, Honors, and Decorations: Constitution of Civil Service: The Government of Nepal may, in order to run the administration of the country, constitute civil services and other necessary government services.
The Interim Constitution of Nepal – 2063 (2007 AD) Part I – English
iterim The constitution, operation, and terms and conditions for such services shall be as determined by an Act. The Government of Nepal may form necessary commissions to safeguard and promote the rights and interests of women, Daltis, indigenous communities, ethnic groups, Madhesi, physically impaired, labourers and 68 farmers including various regions of the country.
The provisions for the formation, functions, duties and powers of such commissions shall be as determined by the law. Ratification of, accession to, acceptance of or approval of treaty or agreements: D ecision to be made through referendum: Power to remove difficulties: If any difficulty arises in connection with the implementation of this Constitution, the Council of Ministers may issue necessary Orders to remove such difficulties, and such Orders shall have to be endorsed by the Legislature-Parliament or the constituent assembly within a month.
P rovisions regarding the king: P rovisions regarding Council of Ministers 1 The Council of Minister subsisting at the time of the commencement of this Constitution shall be deemed as constituted under this Constitution.
P rovisions regarding Legislature-Parliament: Immediately after the commencement of this Constitution, the Legislature-Parliament shall be constituted under this Constitution. P rovisions regarding Judiciary: The judges who decline to take oath shall automatically be considered exempt from the position. P rovisions regarding Constitutional Bodies and Authorities: Necessary legal arrangements shall be made to bring about gradual reform in the Constitutional Bodies and the officials thereof according to democratic norms and values.
The Commission shall take up the procedures of such petitions and complaints in accordance with the Constitution and the laws made under this Constitution. E xisting laws to Remain in Operation: Short title and commencement: The detailed procedures regarding the implementation of this Constitution shall as described in Schedule II.
The Constitution of the Kingdom of Nepal has now been repealed. Mark off FG equal to AB. This will be of deep blue colour and will be provided on all the sides of the flag. However, on the five angles of the flag the external angles will be equal to the internal angles.
On the other hand, if it is to be hoisted on a pole, the hole on the border on the side AC can be extended according to requirements. Similarly, the external and internal circles of the sun and the other arcs except the crescent moon are also imaginary.