nayan135/constitution · Datasets at Hugging Face

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appointments.
(3) The officials holding office in the Commission for the
Investigation of the Abuse of Authority and the Public Service Commission, at
the time of commencement of this Constitution, in excess of the number
specified in this Constitution, shall continue to hold their respective offices
subject to the conditions of services at the time of their appointments.
216
302. Formation and operation of government services at State and Local levels : (1)
The Government of Nepal shall make necessary pro visions for the delivery of
services at the State and Local levels.
(2) The Government of Nepal may, in making provisions under
clause (1), arrange for the delivery of services by making adjustment of the
employees serving in the government services at the time of commencement of
this Constitution with the Federal, State and Local levels in accordance with
law.
303. Provisions r elating to Local Bodies : (1) The Local Bodies existing at the time
of Commencement of this Constitution shall continue to exist until the
determination of the number and areas of the Local level in accordance with
this Constitution.
(2) Election to the officials of the Local Bodies existing under clause
(1) shall be held in accordance with law.
(3) The officials of the Local Bodies elected in accordance with
clause (2) shall continue to hold office until election to the Local level is held
in accordance with this Constitution.
304. Existing l aws to remain in f orce: (1) The Nepal laws in force at the time of
commence ment of thi s Constitution shall continue to be in force until such laws
are repealed or amended.
Provided that any law which is inconsistent with this Constitution shall
ipso facto be invalid to the extent of such inconsistency, after one year of the
date on which the first session of the Federal Parliament set forth in this
Constitution is held.
(2) Acts relating to peace process under the Interim Constitution of
Nepal, 2007 (2063) shall be deemed to have been done under this Constitution.
217
305. Power to remove d ifficulties : If any difficulty arises in connection with the
implementation of this Constitution until the commencement of the first
session of the Federal Parliament, upon b eing elected in accordance with this
Constitution , the President may, on the recommendation of the Government of
Nepal, Council of Ministers, issue necessary orders to remove such difficulty;
and such orders must be submitted to the Legislature -Parliament or Federal
Parliament, held immediately after the issue such orders , for approval .

218
Part-34
Definitions and Interpretations
306. Definitions and i nterpretations : (1) Unless the subject or the context otherwise
requires, in this Constitution, -
(a) "minorities" means ethnic, linguistic and religious groups whose
population is less than the percentage specified by the Federal
law, and includes groups that have their distinct ethnic, religious
or linguistic characteristics, aspirations to protect such features
and subjected to discrimination and oppression,
(b) "law" means a Federal law, State law and Local law,
(c) "Article" means an a rticle of this Constitution,
(d) "Municipality" means and includ es a Municipal Corporation and
Sub-municipal Corporation.
(e) "citizen" means a citizen of Nepal,
(f) "State" means the area and form of a federal unit of Nepal
divided into the F ederal units in accordance with this
Constitution,
(g) "remuneration" means and includes salary, allowance, pension
and an y other form of emolument and facility,
(h) "state power" means the power relating to the Executive,
Legislative and Judiciary of the state, and includes residual
power.
(i) "Bill" means a draft of amendment to the Constitution or of an
Act which has been introduced in the Federal Parliament or a
State Assembly,
219
(j) "Federation" means the federal level that is the apex unit of the
federal structure,
(k) "Federal Units" means the Federation, State and Local levels ,
(l) "Constitutional Bodies" means the Commi ssion for the
Investigation of Abuse of Authority, Auditor General, Public
Service Commission, Election Commission, National Human
Rights Commission, National Natural Resources and Fiscal
Commission, National Women Commission, National Dalit
Commission, Na tional Inclusion Commission, Indigenous
Nationalities Commission, Madhesi Commission, Tharu
Commission and Muslim Commission,
(m) "marginalized" means communit ies that are made politically,
economically and socially backward, are unable to enjoy services
and facilities because of discrimination and oppression and of
geographical remoteness or deprived thereof and are in lower
status than the human development standards mentioned in
Federal law , and includes highly marginalized groups and groups
on the verge of extinction,
(n) "Local level" mean s the Village Bodies , Municipalities and
District Assemblies to be established in accordance with this
Constitution.
(2) Unless t he subject or the context otherwise requires, the legal
provisions relating to interpretation of laws shall, subject to the provisions of
this Constitution, apply to the interpretation of this Constitu tion in the same
manner as that provisions apply to the interpretation of the Nepal laws.

220
Part-35
Short Title, Commencement and Repeal
307. Short title and c ommencement : (1) This Constitution may be cited as the
"Constitution of Nepal ".

appointments.

(3) The officials holding office in the Commission for the

Investigation of the Abuse of Authority and the Public Service Commission, at

the time of commencement of this Constitution, in excess of the number

specified in this Constitution, shall continue to hold their respective offices

subject to the conditions of services at the time of their appointments.

216

302. Formation and operation of government services at State and Local levels : (1)

The Government of Nepal shall make necessary pro visions for the delivery of

services at the State and Local levels.

(2) The Government of Nepal may, in making provisions under

clause (1), arrange for the delivery of services by making adjustment of the

employees serving in the government services at the time of commencement of

this Constitution with the Federal, State and Local levels in accordance with

law.

303. Provisions r elating to Local Bodies : (1) The Local Bodies existing at the time

of Commencement of this Constitution shall continue to exist until the

determination of the number and areas of the Local level in accordance with

this Constitution.

(2) Election to the officials of the Local Bodies existing under clause

(1) shall be held in accordance with law.

(3) The officials of the Local Bodies elected in accordance with

clause (2) shall continue to hold office until election to the Local level is held

in accordance with this Constitution.

304. Existing l aws to remain in f orce: (1) The Nepal laws in force at the time of

commence ment of thi s Constitution shall continue to be in force until such laws

are repealed or amended.

Provided that any law which is inconsistent with this Constitution shall

ipso facto be invalid to the extent of such inconsistency, after one year of the

date on which the first session of the Federal Parliament set forth in this

Constitution is held.

(2) Acts relating to peace process under the Interim Constitution of

Nepal, 2007 (2063) shall be deemed to have been done under this Constitution.

217

305. Power to remove d ifficulties : If any difficulty arises in connection with the

implementation of this Constitution until the commencement of the first

session of the Federal Parliament, upon b eing elected in accordance with this

Constitution , the President may, on the recommendation of the Government of

Nepal, Council of Ministers, issue necessary orders to remove such difficulty;

and such orders must be submitted to the Legislature -Parliament or Federal

Parliament, held immediately after the issue such orders , for approval .

218

Part-34

Definitions and Interpretations

306. Definitions and i nterpretations : (1) Unless the subject or the context otherwise

requires, in this Constitution, -

(a) "minorities" means ethnic, linguistic and religious groups whose

population is less than the percentage specified by the Federal

law, and includes groups that have their distinct ethnic, religious

or linguistic characteristics, aspirations to protect such features

and subjected to discrimination and oppression,

(b) "law" means a Federal law, State law and Local law,

(c) "Article" means an a rticle of this Constitution,

(d) "Municipality" means and includ es a Municipal Corporation and

Sub-municipal Corporation.

(e) "citizen" means a citizen of Nepal,

(f) "State" means the area and form of a federal unit of Nepal

divided into the F ederal units in accordance with this

Constitution,

(g) "remuneration" means and includes salary, allowance, pension

and an y other form of emolument and facility,

(h) "state power" means the power relating to the Executive,

Legislative and Judiciary of the state, and includes residual

power.

(i) "Bill" means a draft of amendment to the Constitution or of an

Act which has been introduced in the Federal Parliament or a

State Assembly,

219

(j) "Federation" means the federal level that is the apex unit of the

federal structure,

(k) "Federal Units" means the Federation, State and Local levels ,

(l) "Constitutional Bodies" means the Commi ssion for the

Investigation of Abuse of Authority, Auditor General, Public

Service Commission, Election Commission, National Human

Rights Commission, National Natural Resources and Fiscal

Commission, National Women Commission, National Dalit

Commission, Na tional Inclusion Commission, Indigenous

Nationalities Commission, Madhesi Commission, Tharu

Commission and Muslim Commission,

(m) "marginalized" means communit ies that are made politically,

economically and socially backward, are unable to enjoy services

and facilities because of discrimination and oppression and of

geographical remoteness or deprived thereof and are in lower

status than the human development standards mentioned in

Federal law , and includes highly marginalized groups and groups

on the verge of extinction,

(n) "Local level" mean s the Village Bodies , Municipalities and

District Assemblies to be established in accordance with this

Constitution.

(2) Unless t he subject or the context otherwise requires, the legal

provisions relating to interpretation of laws shall, subject to the provisions of

this Constitution, apply to the interpretation of this Constitu tion in the same

manner as that provisions apply to the interpretation of the Nepal laws.

220

Part-35

Short Title, Commencement and Repeal

307. Short title and c ommencement : (1) This Constitution may be cited as the

"Constitution of Nepal ".