nayan135/constitution · Datasets at Hugging Face

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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

(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