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(2) A person who has obtained the citizenship of Nepal by descent, a |
person who has obtained the naturalized citizenship of Nepal or a person who |
has obtained the citizenship of Nepal by birth shall also be qualified for the |
office of a constitutional body other than that mentioned in clause (1) . |
Provided that the person must have resided in Nepal for at least ten |
years in the case of a person who has obtained the naturalized citizenship of |
Nepal, and for at least five years in the case of a person who has obtained the |
citizenship of Nepal by birth or who has obtained the naturalized citizenship of |
Nepal in accordance with clause (6) of Article 11. |
205 |
290. Provisions relating to Guthi (trusts) : (1) The Federal Parliament shall ma ke |
necessary laws in relation to the rights of the trust and the farmers enjoying |
possessory rights over trust lands in a manner not to be prejudicial to the basic |
norms of the trusts. |
(2) Other matters relating to trusts shall be as provided by the fede ral |
law. |
291. Not to be qualified for appointment : (1) Notwithstanding anything contained |
elsewhere in this Constitution, a citizen of Nepal who has obtained a foreign |
permanent residence permit shall not be qualified for election, nomination or |
appointmen t to an office to be elected, nominated or appointed pursuant to this |
Constitution. |
Provided that nothing shall prevent electing, nominating or appointing a |
person who has renounced such foreign permanent residence permit to such |
office after the expiry of a period of at least three months. |
(2) Other matters relating to the citizens of Nepal who have obtained |
foreign permanent residence permits as mentioned in clause (1) shall be as |
provided for in the Federal law. |
292. Provisions relating to parliament ary hearing s: (1) Parliamentary hearings shall |
be conducted as to appointments to the offices of the Chief Justice and Judges |
of the Supreme Court, members of the Judicial Council, chiefs and members of |
Constitutional Bodies, who are appointed on the recom mendation of the |
Constitutional Council under this Constitution, and to the offices of |
ambas sadors, as provided for in the Federal l aw. |
(2) For the purposes of clause (1), there shall be formed a fifteen - |
member joint committee consisting of members of bo th Houses of the Federal |
Parlia ment, in accordance with the Federal l aw. |
206 |
(3) No member of the joint committee under clause (2) shall practice |
law in the Supreme Court during that term of the Federal Parliament. |
293. Monitoring of functioning of Constitutional Bodies : The chiefs and officials of |
the Constitutional Bodies must be accountable and responsible to the Federal |
Parliament. The committees of the House of Representatives may monitor and |
evaluate the functioning, including reports, of the C onstitutional Bodies, other |
than the National Human Rights Commission, and give necessary direction or |
advice. |
294. Annual reports of Constitutional Bodies : (1) Every Constitut ional Body under |
this Constitution shall submit an annual report of its function ing to the |
President, and the President shall cause that report to be laid through the Prime |
Minister before the Federal Parliament. |
(2) The matters to be set out in the annual report under claus e (1) |
shall be as provided for in the Federal l aw. |
(3) Notwithstanding anything contained in clause (1), a |
Constitutional Body may prepare a separate report in relation to the |
functioning of each State and submit it to the Chief of State. |
207 |
Part-33 |
Transitional Provisio ns |
295. Constitution of Federal Commission : (1) The Government of Nepal may |
constitute a Federal Commission for making suggestions on matters relating to |
the boundaries of States. |
(2) The name s of the State s under clause (3) of Article 56 shall be set |
by a two thirds majority of the total number of member s of the concerned State |
Assemblies . |
(3) The Government of Nepal shall constitute a commission for the |
determination of the n umber and boundaries of Village Bodies , Municipalities |
and Special, Protected or Autonomous Regions to be formed under c lauses (4) |
and (5) of Article 56. T he commission must determine the number and |
boundaries of the Village Bodie s, Municipalities and Special, Protected or |
Autonomous Regions in accordance with the criteria set by the Government of |
Nepal. |
(4) The commissio n under clause (3) shall be constituted no later |
than six months of the date of commencement of this Constitution. Its term |
shall be one year. |
296. Constituent Assembly to be converted into Legislature -Parliament : (1) The |
Constituent Assembly existing at the time of commencement of this |
Constitution shall ipso facto be converted into the Legislature -Parliament after |
the commencement of this Constitution, and the term of such Legislature - |
Parliament shall exist until 7 Magha 2074. |
Provided that if an election is held to the House of Representatives set |
forth in this Constitution prior to the expiration of that term, the Legislature - |
Parliament shall continue to exist until the day before the day specified for the |
filing of nominations of candidates for that election. |
208 |
(2) The Bills under consideration of the Legislature -Parliament at the |
time of commencement of this Constitution shall ipso facto be transferred to |
the Legislature -Parliament set forth in clause (1). |
(3) The Legislature -Parliament set forth in clause (1) shall perform |
the business required to be performed by the Federal Parliament in accordance |
with this Constitution until election to the House of Representatives is held |
pursuant to this Constitution. |
(4) The legislative power of the State Assembly with respect of |
matters set forth in Schedule -6 shall, upon the commencement of this |
Constitution, be vested in the Legislature -Parliament set forth in clause (1) |
until the State Assembly is formed. Any law so made shall be inoperative in |
relation to that State after one year of the date of formation of the State |
Assembly set forth in this Constitution. |
(5) The Legislature -Parliament Secretariat , its Secretary General, |
Secretary and employees existing at t he time of commencement of this |
Constitution shall, subject to the conditions of service in force at the time of |
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