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Thursday, 15 January 2009 12:31
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CONSTITUTION OF NEPAL (APRIL 1, 1948)
Nepal Constitution 1948
Nepal Constitution 1948: Part-II
Nepal Constitution 1948: Part-III
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CONSTITUTION OF NEPAL
EFFECTIVE APRIL 1, 1948

PREAMBLE

Whereas by virtue of the supreme authority vested through the instruments of their sacred Panja-patras by Shree Panch Maharajadhirajas of Nepal, dating from the Sambat year 1903 onwards, delegating all powers of the State upon the contemporaneous Shree 3 Maharajas.

And whereas I, Maharaja Padma Shum Shere Jung Bahadur Rana, and now carrying on the administration of the country by virtue of the authority vested in me by the aforesaid Panja- patra,

And whereas it is our fervent desire, through all social, economic and political developments to bring Nepal, this sacred country of Lord Pashupatinath, in line with the advanced nations of the world and give our beloved motherland her rightful place in the comity of nations,

And whereas through the resurrection of our ancient ideals of the Panchayat and other similar institutions, it is .our declared policy to provide for the increasingly closer association of our dear people in every branch of administration and thus bring about enhanced prosperity and happiness to our people,

And whereas progress in giving effect of this policy can only be achieved by successive stages and must be guided by the cooperation received from those to whom new opportunities have been offered and by the extent to which further confidence can be reposed upon their sense of responsibility,

And whereas we consider it expedient that immediate steps in this direction should now be taken,

I, Maharaja Padma Shum Shree Jung Bahadur Rana, do hereby ordain and promulgate that Constitutional Act in the thirty-sixth year of the reign of His Majesty Shree 5 Maharajadhiraja Tribhubana Bir Bikram Shah.

PART I
PRELIMINARY

1.    This Declaration may be cited as the "Government of Nepal Act ~004 Sambat" (1948 A.D.).

2.     This Act shall come into force on 1st Baisakh, 2005, Sambat. Provided that if it appears to His Highness that through local circumstances or other causes, it will not be practicable or convenient that all the provisions of this Act should come
.into operation simultaneously on that date, he may, notwithstanding anything in this section, fix an earlier or later date for the coming into operation, either generally or for particular purposes or areas, of any particular provisions of this Act. All provisions of this Act shall, however, come into force throughout the Kingdom before the end of the year 2005, Sambat.

3.    The rule of succession relating of His Majesty the Maharajadhiraja Sree 5 and His Highness the Maharaja Sree 3, shall continue as hereto force in accordance with

law, custom and usage in their behalf and shall for all time be inalienable and unalterable.

PART II
FUNDAMENTAL RIGHTS AND DUTIES

4.    Subject to the principles! of public order and morality this Constitution guarantees to the citizens of Nepal freedom of person, freedom of speech, liberty of the press, freedom of assembly and discussion, freedom of worship, complete equality in the eye of the law, cheap and speedy justice, universal free compulsory elementary education, universal and equal suffrage for all adults, security of private property as defined by the laws of the State as at present existing and laws and rules to be made hereunder.

5.    Subject to this physical, mental and economic capacity it shall be the duty of every citizen to promote public welfare, to contribute to public funds, to be in readiness to labour physically and intellectually for the safety and well-being of the Realm and bear true allegiance to His Majesty the Maharajadhiraja Sree 5 and His Highness the Maharaja Sree 3 and be faithful to the State and its Constitution.

PART III
THE EXECUTIVE

6.    Subject to the provisions of this Act, the executive authority of Nepal shall be exercised by His Highness Sree 3 Maharaja either directly or through officers subordinate to him.

7.    (a) There shall be a Council of Ministers to aid and to advise His Highness in the exercise of the executive authority of the State. chosen from among the members of the Legislature.
(b) The Council shall consist of such number of ministers, not being less than five, of which two at least shall be chosen from among the elected members of the Legislature as His Highness may determine from time to time.
(c) The Presidents and Vice-Presidents of Panchayats, who may be ex-officio members of the Legislature, shall also be regarded as elected members.

8.    (a) His Highness the Maharaja or in his absence the Commander- in-Chief shall preside at meeting of the Council of Ministers. The Minister shall work within the framework of the rules made by His Highness for the purpose and be responsible to him.
(b) His Highness shall also allocate portfolios among his Ministers and determine their order of precedence.

9.    The Minister appointed by His Highness the Maharaja shall be sworn as members of the Council and shall hold office for a term of four years. Any Minister shall vacate his office before the expiry of his term only if he-
(a) Submits his resignation under his hand addressed to His Highness the
Maharaja;
(b) Does not command the confidence of His Highness the Maharaja; or
(c) Himself admits or is condemned by secret ballot of the Council of
Ministers of having committed some grave offense.
Provided that if he has vacated office under sub-section (a) or (b) above, he shall not cease to be a member of the Legislature for the remaining term of his office.

10.    The ministers shall be entitled to receive such salaries and allowances as may from time to time be determined by His Highness the Maharaja.

11.    (a) The Council of Ministers shall transact all executive business of the State. It shall, however, be its special responsibility to give particular attention to all matters not falling within the purview of the Legislature, to lay down the general policy of the State, to scrutinize the budget of the various departments, to give final consideration to the Government bills to be placed before the Legislature, and to bring about coordination and cooperation between the various departments of administration.
(b) Within the framework of the policy laid down by the Council of Ministers under this Act, the ministers shall, in their own discretion, administer the department or departments. They shall be responsible to the Council for all the acts of their departments and shall also submit to His Highness such information and explanation as he may require.

12.    (a) There shall be an Advocate-General appointed by His Highness, to give advice to the Government upon such legal matters as may be referred to him by the Government.
(b) He shall have the right of audience in all courts of the State.
(c) He shall hold office during the pleasure of His Highness and shall receive such remuneration as His Highness may determine.

13.    There shall be set up from among the members of the Legislature, Administrative Committees to aid and advise the various departments of the Executive and thereby associate the opinion of the Legislature with the policy of the Government.

14.    (a) These Committees shall deal with such departments as may be assigned to them by His Highness, whether these departments fall within the purview of the Legislature or not.
(b) A Committee, appointed by His Highness from among the members of the Rastra Sabha, shall choose the members of the various Administrative Committees.
(c) There shall be at least four members in each Administrative Committee, the Chairman of which shall be the head of the department for which the Committee has been constituted.
(d) The Administrative Committee shall deal with all matters of administrative policies and measures pertaining to the subjects allotted to them. All matters connected with the normal routine administration of the departments and with appointments, promotions or transfers of officers in the departments shall, however, be the sole responsibility of the Minister concerned.

15. All rules and regulations pertaining to the working of these Committees shall be framed by the Government.

 



 

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