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THE INTERIM GOVERNMENT OF NEPAL ACT, 1951 PDF Print E-mail
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Thursday, 15 October 110 13:00
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THE INTERIM GOVERNMENT OF NEPAL ACT, 1951
THE INTERIM GOVERNMENT OF NEPAL ACT, 1951
THE INTERIM GOVERNMENT OF NEPAL ACT, 1951: Part-I
THE INTERIM GOVERNMENT OF NEPAL ACT, 1951: Part-II
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THE INTERIM GOVERNMENT OF NEPAL ACT, 1951

PREAMBLE

Whereas, it is necessary till such time, as the Constitution is not framed and promulgated, the administration of the country should function according to a Constitution and certain rules and principles:

Now, Therefore, His Majesty, the King of Nepal, on the advice of the Council of Ministers, is accordingly pleased to ordain and promulgate the following Act.

PART I

1.    Short title and Commencement

(1)    This Act shall be called the Interim Government of Nepal Act.
(2)    It shall come into force immediately, (from 29th. Chaitra, 2007)

2.    Interpretation

The Nepal Laws (Interpretation) Act shall apply in the interpretation of this Act.


PART II
DIRECTIVE PRINCIPLES OF STATE POLICY

3.    Application of the Provisions of this Part

(1)  The provisions of this part shall not be enforceable by any Court in Nepal;
and no Nepal law, whether enacted before or after the commencement of this Act, and no rule and order made under any such law, shall be deemed to be invalid by reason only that it is inconsistent with the provisions of this part.
(2)    Subject to the provisions of sub-section (1), the principles laid down in the provision of this part shall be treated by His Majesty’s Government being fundamental in the governance of the country, and it shall be the duty of His Majesty’s Government to apply the said principles in adapting the existing Nepal laws as early as possible, as well as in framing laws hereafter.

4.    Social order

His Majesty’s Government shall strive to promote the welfare of the people by securing and protecting effectively as it may, social order in which justice, social, economic and political, shall inform all the institutions of the National life.

5.    Social condition for citizens

His Majesty’s Government shall in particular, direct its policy towards securing: (a)    that the citizen, men and women equally, have the right to an adequate
means of livelihood;

(b ) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c)    that the operation of the economic system does not result in the concentration of wealth and means of production to common detriment;
(d)  that there is equal pay for equal work for both men and women;
(e)    that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f)        that childhood and youth are protected against exploitation and against moral and material abandonment.

6.    Village Panchayats

His Majesty's Government shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary lo enable them to function as units of self-Government.

7.    Unemployment, old age, sickness, etc.

His Majesty's Government shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to educate and to public assistance in case of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

8.    Condition of Work

His Majesty’s Government shall make provision for securing just and humane conditions of work and for maternity relief.

9.    Living Wage, Decent standard of Life, etc.

His Majesty's Government shall endeavour to secure by suitable legislation or
economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of works ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities, and in particular, His Majesty’s Government shall endeavour to promote cottage industries on any individual or cooperative basis in rural area.

10.    Civil Code

His Majesty's Government shall endeavour to secure for the citizen a uniform civil code throughout Nepal.

11.    Weaker Section

His Majesty's Government shall promote with special care the educational and economic interests of the weaker sections of the people, and shall protect them from social injustice and all forms of exploitation.

12.    Protection of monuments

It shall be the obligation of His Majesty's Government to protect every monument or place or object of artistic or historical interest from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

13. International relations

His Majesty's Government shall endeavour to:
(a)    promote international peace and security;
(b )    maintain just and honourable relations between nations;
(c)  foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and
(d)    encourage settlement of international dispute by arbitration.

14.    Equality before law

His Majesty's Government shall not deny to any person equality before law or the equal protection of the laws within the territory of Nepal.

15.    Discrimination on grounds of religion, race, caste, sex, etc.
(1)    His Majesty's Government shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2)    Nothing in this section shall prevent His Majesty's Government from making any special provision for women and children.

16.    Equality of opportunity

(1)    There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under His Majesty's Government.
(2)    Nothing in this section shall prevent His Majesty's Government from making any provision for the reservation of appointments or posts in favour of any backward class of citizens, which, in the opinion of His
Majesty's Government, is not adequately represented in the service under
His Majesty's Government.
(3)        Nothing in this section shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member Of the governing body thereof shall be a person professing a particular religion or belonging, to a particular denomination.

17.    Fundamental principles of law

(1)    No tax shall be levied or collected except under the authority of law.
(2)    Subject to the laws for the time being in force, all citizens shall have the right,
(a)    to freedom of speech and expression;
(b)    to assemble peaceably and without arms; (c)    to form associations and unions;
(d)    to move freely throughout the territory of Nepal; (e)    to reside and settle in any part of Nepal;
(f)    to acquire, hold, and dispose of property; .
(g)        to practice any profession or to carry on any occupation, trade, or business.

18.    Rule or law

His Majesty's Government shall ensure that:
(1)    No person is convicted of any offence except for violation of law in force at the time of the commission of the act charged as an offence, nor is subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
(2)    No person is prosecuted and punished for the same offence more than once.
(3)    No person accused of any offence is compelled to be a witness against himself.

19.    Personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law or rules made by His Majesty's Government for the public good, or for the maintenance of public order or the security of the State.

20.    Traffic in human beings, begar

(1)    Traffic in human beings and begar and other similar forms of forced labour shall be prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
(2)    Nothing in this Section shall prevent His Majesty's Government from imposing compulsory service of public purposes, and in imposing such service. His Majesty's Government shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

21.    Children

No Children below the age of fourteen years shall be employed to work in any
factory or mine or engaged in any other hazardous employment.

PART III CHAPTER I
THE EXECUTIVE

22.    Executive Power exercisable by King, Ministers and others:

(1)    The executive power of the State vesting in the King shall be exercisable by Him either directly or through ministers or other officers subordinate to Him;
Provided that nothing in this section shall be construed as affecting the validity and operation of any Nepal law conferring powers and functions upon authorities subordinate to the King.
(2)    Without prejudice to the generality of the foregoing provision, the Supreme Command of the Defense Forces of Nepal shall be vested in the King.

____________________________
1 In some translations this is “beggars” but a beggar is not a forced labourer. The word begar is Hindi and is used in the Constitution of India Art. 23, and refers to a particular form of forced labour.

23.    Grant of Pardons, reprieves, etc.:
(1) His Majesty's Government shall have power to grant pardons, reprieves, respites, or remissions of punishment, or to Suspend, remit or commute the sentence of any Person convicted of any offence by any Court of Nepal or Court Martial.
(2) Nothing in sub-section (1) shall affect the power Conferred by law on any officer of the Armed Forces of Nepal to suspend, remit of commute a sentence by Court Marital.

 



 

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