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(2) Each State shall have a State police organization. |
187 |
(3) Matters relating to the Operation, supervision and coordination of |
functions to be discharged by the Nepal Police and the State police shall be as |
provided for in the Federal l aw. |
(4) Other matters relating to the Nepal Police, Armed Police Force, |
Nepal and National Investigation Department shall be as provided by the |
Federal l aw. |
188 |
Part-29 |
Provisions Relating to Political Parties |
269. Formation, registration and operation of political parties : (1) Persons who are |
committed to common political ideology, philosophy and program may, |
subject to laws made under sub -clause (c) of clause (2) of Article 17 , form and |
operate political parties , and generate, or cause to be generated, publicity in |
order to secure support and cooperation from the general public for their |
ideolog y, philosophy and program or carry out other necessary activity for this |
purpose. |
(2) A political party formed in a ccordance with clause (1) must |
register the party with the Election Commission upon fulfilment of the |
procedures established by law. |
(3) A petition to be made for the purpose of registration of a party in |
accordance with clause (2) must be accompanied by the constitution and |
manifesto of the concerned political party and such other documents as |
required by the Federal l aw. |
(4) For a petition to be made for the registration of a party in |
accordance with clause (2), the political p arty must fulfil the following |
conditions: |
(a) its constitution and rules must be democratic, |
(b) its constitution must provide for election of each of the office - |
bearers of the party at the Federal and State levels at least once in |
every five years; |
provided that nothing shall bar the making of provision by the |
constitution of a political party to hold such election within six |
months in the event of failure to hold election of its office - |
bearers within five years because of a special circumstance . |
189 |
(c) there must be a provision of such inclusive representation in its |
executive committees at various levels as may be reflecting the |
diversity of Nepal. |
(5) If the name, objective, insignia or flag of a political party is of |
such a nature as to jeopardize th e religious and communal unity of the cou ntry |
or to fragment the country, that party shall not be registered. |
270. Prohibition on imposition of restrictions on political parties: (1) Any law, |
arrangement or decision so made as to impose any restriction on the formation |
and operation of a political party and on the generation of publicity in order to |
secure support and cooperation from the general public for the ideology, |
philosophy and program of the party in accordance with Article 269 shall be |
deemed to b e inconsistent with this Constitution and shall, ipso facto, be void. |
(2) Any law, arrangement or decision so made as to allow for |
participation or involvement of only a single political party or persons having |
similar political ideology, philosophy or program in the elections or in the |
political system of, or in the conduct of governance of, the country shall be |
deemed to b e inconsistent with this Constitution and shall, ipso facto, be void. |
271. Registration required for securing recognition for the purpose of contesting |
elections as political party: (1) Every political party that is registered in |
accordance with Article 26 9 and intends to secure recognition from the |
Election Commission for the purposes of elections must be registered with t he |
Election Commission in fulfi lment of the procedures set forth in the Federal |
law. |
(2) The political party must submit a yearly aud it report in addition |
to the matters set forth in clause (3) of Article 269 along with a n application to |
be made for the purpose of clause (1) and also fulfil the terms set forth in clause |
(4) of that Article. |
190 |
272. Other provisions relating to political pa rties: Provisions relating to the |
formation, registration, operation and facilities of political parties and other |
matters pertaining thereto shall be as provided for in the Federal l aw. |
191 |
Part-30 |
Emergency Power |
273. Emergency p ower : (1) If a grave emergency arises in regard to the sovereignty , |
territorial integrity of Nepal or the security of any part the reof, by war, external |
aggression, armed rebellion, extreme economic disarray, natural calamity or |
epidemic , the President may declare or order a state of emergency in respect of |
the whole of Nepal or of any specified part thereof. |
(2) Notwithstanding anything contained in clause (1), if there arises |
a grave emergency in a State by a natural calamity or epidemic, the concerned |
State Government may re quest the Government of Nepal to d eclare or order a |
state of emergency in respect of the whole of the State or of any specified part |
thereof, in accordance with this Ar ticle. |
(3) Every declaration or order made in accordance with clause (1) |
shall be laid b efore both Houses of the Federal Parliament for approval within |
one month after the date of issuance of such proclamation or order. |
(4) If a declaration or order laid for approval in accordance with |
clause (3 ) is approved by a t least two-third s majority of the total number of the |
then members of both Houses of the Federal Parliament, the declaration or |
order shall continue in force for a period of three months from the date of its |
issuance. |
(5) If a declaration or or der laid for approval in acco rdance with |
clause (3 ) is not approved in accordance with clause (3), the declaration or |
order shall ipso facto be inoperative . |
(6) Notwithstanding anything contained elsewhere in this Article, |
prior to expiration of the period mentioned in clause (4 ), a motion to extend the |
period of the declar ation or order of state of emergency for another period not |
exceeding three months may be submitted to the Federal Parliament. |
192 |
(7) If a motion mentioned in clause (6) is passed by at least two - |
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