constitution of nepal 2015

7/17/2019 Constitution of Nepal 2015

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CONSTITUTION OF NEPAL 2015


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Constituent Assembly SecretariatSingha Durbar

UNOFFICIAL TRANSLATION BY


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Table of ContentPREAMBLE ______________________________________________________________ I

Part 1

Preliminary _______________________________________________________________ 1

Part 2

Citizenship _______________________________________________________________ 3Part 3

Fundamental Rights and uties _______________________________________________ !

Part "

ire#ti$e Prin#iples% P&li#ies and Resp&nsi'ilities &( the )tate ______________________ 1*

Part !

Restru#turing &( the )tate and the istri'uti&n &( )tate P&+er ______________________ 2!

Part *

President and ,i#e-President ________________________________________________ 2.

Part /

Federal E0e#uti$e _________________________________________________________ 31

Part .Federal Parliament ________________________________________________________ 3"

Part

Federal Legislati$e Predure _______________________________________________ ""

Part-1

Federal Finan#ial Predure _________________________________________________ ".

Part-11

udi#iary ________________________________________________________________ !1

Part 12

Att&rney 4eneral _________________________________________________________ *3

Part-13

Pr&$in#ial E0e#uti$e _______________________________________________________ **

Part-1"

Pr&$in#ial Legislature ______________________________________________________ /1

Part 1!

Pr&$in#ial Legislati$e Predure _____________________________________________ /.

Part 1*

Pr&$in#ial Finan#ial Predure _______________________________________________ .

Part- 1/

Lal E0e#uti$e __________________________________________________________ .3

Part 1.

Lal Legislature _________________________________________________________ ./

Part-1

Lal Finan#ial Predure __________________________________________________ .Part-2

Interrelati&nship 'et+een the Federati&n% Pr&$in#es and Lal le$el _________________

Part 21

C&mmissi&n (&r the In$estigati&n &( A'use &( Auth&rity __________________________ 3

Part - 22

Audit&r 4eneral __________________________________________________________ *


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Part 5 23

Pu'li# )er$i#e C&mmissi&n _________________________________________________ .

Part-2"

Ele#ti&n C&mmissi&n _____________________________________________________ 12

Part- 2!

6ati&nal 7uman Rights C&mmissi&n _________________________________________ 1"

Part 2*6ati&nal 6atural Res&ur#es and Fis#al C&mmissi&n _____________________________ 1.

Part 2/

8ther C&mmissi&ns ______________________________________________________ 111

Part 2.

Pr&$isi&n regarding 6ati&nal )e#urity ________________________________________ 11"

Part 2

Pr&$isi&n relating t& P&liti#al Parties _________________________________________ 122

Part 3

Emergen#y P&+ers _______________________________________________________ 12"

Part 31

Amendment &( the C&nstituti&n _____________________________________________ 12*

Part 32

Mis#ellane&us ___________________________________________________________ 12.

Part 33

9ransiti&nal Pr&$isi&ns ____________________________________________________ 13*

Part 3"

e(initi&ns and Interpretati&ns ______________________________________________ 1"2

Part 3!

)h&rt 9itle% C&mmen#ement and Repeal ______________________________________ 1""

)#hedule- 1

6ati&nal Flag &( 6epal ____________________________________________________ 1"!

)#hedule 5 26ati&nal Anthem &( 6epal _________________________________________________ 1"/

)#hedule 5 3

C&at &( Arms &( 6epal ____________________________________________________ 1".

)#hedule - "

Pr&$in#es and istri#ts +ithin Pr&$in#es ______________________________________ 1"

)#hedule !

List &( Federal p&+ers:;urisdi#ti&n ___________________________________________ 1!1

)#hedule *

List &( Pr&$in#ial p&+ers:;urisdi#ti&n ________________________________________ 1!3

)#hedule /

List &( #&n#urrent p&+ers:;urisdi#ti&n &( Federati&n and Pr&$in#e __________________ 1!")#hedule .

List &( p&+ers:;urisdi#ti&n &( Lal Le$el _____________________________________ 1!!

)#hedule

List &( #&n#urrent p&+ers:;urisdi#ti&n &( Federati&n% Pr&$in#e and Lal le$el ________ 1!*


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PREAMBLEWe, the people of Nepal, in exercise of the sovereign powers inherent in us,Embracing the sovereign right of the people and the right to autonomy and self-rule, bymaintaining Nepals independence, sovereignty, geographical integrity, national unity, freedomand dignity,Remembering the glorious history of historical peoples movements and armed struggles time

and again and the sacrifice made by people for national interest, democracy, progressivechange, and recognizing the martyrs, the disappeared citizens and the victims,Ending all forms of discriminations and oppression created by the feudal, autocratic,centralized and unitary system,Embracing multi-caste, multi-lingual, multi-cultural and diverse geographical specificities, byending discriminations relating to class, caste, region, language, religion and genderdiscrimination including all forms of racial untouchability, in order to protect and promoteunity in diversity, social and cultural solidarity, tolerance and harmonious attitudes, we alsoexpress our determination to create an egalitarian society on the basis of the principles ofproportional inclusion and participation, to ensure euitable economy, prosperity and social!ustice,

Expressing commitment to create the bases of socialism by adopting democratic norms andvalues, including peoples" competitive multi-party democratic governance system, civil liberty,fundamental rights, human rights, adult franchise, periodic elections, complete press freedomand an independent, impartial and competent !udiciary, and the concept of rule of law,N#W $%ERERE, in order to fulfill the aspirations for perpetual peace, good governance,development and prosperity through the medium of federal democratic republican system ofgovernance, hereby promulgate this 'onstitution through the 'onstituent (ssembly)


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Preliminary1. Constitution as the fundamental law:+ $his constitution is the fundamental law of Nepal)(ll laws inconsistent with this constitution shall, to the extent of such inconsistency, be void). /t shall be the duty of every person to uphold this constitution)2. o!erei"nty and state authority:$he sovereignty and state authority of Nepal are vested in

Nepali people) $he use of which shall be as provided for in this constitution)#. $ation: %aving multi-ethnic, multi-lingual, multi-religious, multi-cultural characteristicswith common aspirations of people living in diverse geographical regions, and being committedto and united by a bond of allegiance to national independence, territorial integrity, nationalinterest and prosperity of Nepal, all the Nepali people collectively constitute the nation)%. tate of $e&al: + Nepal is an independent, indivisible, sovereign, secular, inclusivedemocratic, socialism-oriented federal democratic republican state)Explanation0 &or the purpose of this article, "secular" means protection of religion and culturebeing practiced since ancient times and religious and cultural freedom). $he territory of Nepal shall comprise0a the territory existing at the commencement of this constitution, and

b such other territory as may be acuired after the commencement of this constitution)'. $ational interest0 /ndependence, sovereignty, territorial integrity, nationality, autonomy,self-respect, protection of rights and interests of Nepali people, protection of boundaries, andeconomic progress and prosperity, shall be the fundamental sub!ects of Nepals nationalinterest). (ct and character against national interest shall be punishable by &ederal law)(. Lan"ua"e of the nation0 (ll the mother tongues spo1en in Nepal shall be the nationallanguage)). Lan"ua"e of offi*ial transa*tion0 + $he Nepali language written in 2evanagiriscript shallbe the language of official business in Nepal). /n addition to Nepali language, a province shall select one or more national language that is

spo1en by ma!ority of people in that province


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as the language of official business, as provided for by the provincial law)3 #ther matters concerning language shall be as decided by the 4overnment of Nepal on therecommendation of the 5anguage 'ommission)+. $ational fla"0 + $he national flag of Nepal, consists of two !uxtaposed triangular figureswith a crimson colored base and deep blue borders, there being a white emblem of thecrescent moon with eight rays visible out of sixteen in the upper part and a white emblem of a

twelve rayed sun in the lower part). $he method of drawing the flag and other particulars relating thereto shall be as set out in6chedule-+),. $ational anthem- et*.0 + $he national anthem of Nepal shall be as set out in 6chedule-.). $he coat-of-arms of Nepal shall be shall be as set out in 6chedule-3)3 $he RhododendronArboreumis the national flower, 'rimson is the national color, the cowis the national animal and the Lophophorusis the national bird of Nepal)


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Part 2

Citienshi&+7)$ot to be denied of *itienshi&0 + No Nepali citizen shall be denied the right to acuirecitizenship)

. $here shall be a provision of single federal citizenship with provincial identity in Nepal)

++)To be deemed *itien of $e&al0 + *ersons who have acuired citizenship of Nepal at thecommencement of this 'onstitution and persons who are eligible to acuire citizenshippursuant to this *art shall be deemed citizens of Nepal)

. (t the commencement of this 'onstitution, the following persons who have theirpermanent domicile in Nepal shall be deemed citizens of Nepal by descent0

a( person who has acuired the citizenship of Nepal by descent before the commencement

of this 'onstitution)

b (ny person whose father or mother was a citizen of Nepal at the birth of such person)

3 ( child of a citizen who has acuired the citizenship of Nepal by birth before thecommencement of this 'onstitution, shall acuire the citizenship of Nepal by descent afterbecoming adult if his8her father and mother are both citizens of Nepal)

9 Every child who is found in Nepal and whose parents identity is not 1nown shall, until thefather or mother of the child is traced, be deemed citizen of Nepal by descent)

: ( person, born in Nepal to a Nepali citizen mother, who has domicile in Nepal and whosefather is not identified, shall be granted citizenship of Nepal by descent)

*rovided that in case his8her father is proved to be a foreign citizen the citizenship of such aperson shall be converted into naturalized citizenship as provided for by the federal law)

; /f a foreign woman married to a Nepali citizen so wishes, she may acuire naturalizedcitizenship of Nepal as provided for by the federal law)


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$he 4overnment of Nepal may grant honorary Nepali citizenship as provided for by thefederal law)

+7 /n case any territory is acuired by Nepal by way of merger, persons having domicile insuch territory shall be citizens of Nepal sub!ect to federal law)

+.)

Citienshi& based on des*ent and "ender identity0 (ccording to this 'onstitution, aperson who acuires citizenship of Nepal by descent may obtain citizenship certificate of Nepalin the name of his8her mother or father with gender identity)

+3)

A*/uisition- re0a*/uisition and termination of *itienshi&0 #ther provisions relating tothe acuisition, re-acuisition and termination of citizenship shall be as provided for by thefederal law)

+9)$on0resident $e&ali *itienshi& may be "ranted0 ( person who has acuired citizenship ofa foreign country and who resides in a country other than a country member of 6outh (sian(ssociation for Regional 'ooperation and who previously himself or herself or his8her father ormother, grandfather or grandmother was a citizen of Nepal by descent or by birth and wholater acuired the citizenship of a foreign country may be granted non-resident citizenship ofNepal allowing him8her to en!oy the economic, social and cultural rights as provided for by thefederal law)

+:)ther &ro!isions related to *itienshi& of $e&al0 Record 1eeping of each citizen of Nepalalong with his8her identity and other provisions regarding citizenship of Nepal shall be asprovided for by the federal law)


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undamental Ri"hts and 3uties1(. Ri"ht to li!e with di"nity0 + Each person shall have the right to live with dignity). No law shall be made for capital punishment)1). Ri"ht to reedom0 + Except as provided for by law no person shall be deprived of her8hispersonal liberty)

. Every citizen shall have the following freedoms0a freedom of opinion and expression,b freedom to assemble peacefully and without arms,c freedom to form political party,d freedom to form unions and associations,e freedom to move and reside in any part of Nepal? andf freedom to engage in any occupation or be engaged in employment, establish and operateindustry, trade and business in any part of Nepal)*rovided that,+ Nothing in section a shall be deemed to prevent the ma1ing of an (ct to imposereasonable restrictions on any act which may undermine the nationality, sovereignty,

independence and indivisibility of Nepal, or federal units, or !eopardizes the harmoniousrelations subsisting among the people of various caste, ethnicity, religion, or communities, orincites racial discrimination, or untouchability, or disrespects labor, or any act of defamation,or contempt of court, or an incitement of offence, or is contrary to decent public behavior ormorality). Nothing in section b shall be deemed to prevent the ma1ing of an (ct to imposereasonable restrictions on any act which may undermine the nationality, sovereignty,independence and indivisibility of Nepal, or !eopardize the harmonious relations betweenfederal units, or public law and order situation)3 Nothing in section c shall be deemed to prevent the ma1ing of an (ct to imposereasonable restrictions on any act which may undermine the nationality, sovereignty,

indivisibility or Nepal, or an act of espionage against the nation, or disclosing national secrets,or helping foreign state or organization that may !eopardize Nepal security, or an act oftreason, or an act that undermines the harmonious relations subsisting between federal units,or instigates communal animosity, or !eopardizes the harmonious relations subsisting amongdifferent caste, ethnicity, religious groups and


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communities, or an act of acuiring or depriving the membership of a political party only onthe grounds of caste, language, religion, community or gender, or the formation of a politicalparty that creates discrimination against citizens, or an act that incites violence, or is contraryto decent public behavior )9 Nothing in section d shall be deemed to prevent the ma1ing of an (ct to imposereasonable restrictions on any act which may undermine the nationality, sovereignty,

indivisibility or Nepal, or an act of espionage against the nation, or disclosing national secrets,or helping foreign state or organization that may !eopardize Nepal security, or an act oftreason, or an act that undermines the harmonious relations subsisting between federal units,or instigates communal animosity, or !eopardizes the harmonious relations subsisting amongdifferent caste groups, ethnicity, religious groups and communities, or an incitement ofviolence, or an act which is contrary to public morality): Nothing in section e shall be deemed to prevent the ma1ing of an (ct to imposereasonable restrictions on any act which may undermine the interest of the general public, orthe good relations between federal units, or the harmonious relations subsisting among variouscaste groups, ethnicity, religious groups or communities, or an act of committing crime orviolence, or inciting such acts)

; Nothing in section f shall be deemed to prevent the ma1ing of an (ct to imposereasonable restrictions on any act which may undermine the good relations between federalunits, or restricting an act which may have negative impact on public health, decent behaviorand morality, or the particular industries, trade, business or services which only the state mayengage in, or setting conditions or eligibility to engage in industries, trade, business,livelihoods or occupation)1+. Ri"ht to e/uality0 + (ll citizens shall be eual before law) No person shall be denied theeual protection of law). $here shall be no discrimination in the application of general laws on the grounds of origin,religion, race, caste, tribe, sex, physical conditions, disability, health condition, matrimonialstatus, pregnancy, economic condition, language or geographical region, or ideology or anyother such grounds)3 $he state shall not discriminate among citizens on grounds of origin, religion, race, caste,tribe, sex, economic condition, language or geographical region, ideology and such othermatters)*rovided that nothing shall be deemed to bar the ma1ing of special provisions by law for theprotection, empowerment or advancement of the women lagging behind socially and culturally,2alits,Adibasi, @adhesi, $harus, @uslims, oppressed class, bac1ward communities, minorities,marginalized groups, peasants, laborers, youths, children, senior citizens, sexual minorities,persons with disability, pregnant, incapacitated and the helpless persons, and of the citizenswho belong to bac1ward regions and financially deprived citizens including the Khas Arya)


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E4&lanation0 With reference to this *art and *art 9, Afinancially deprivedB means the personhaving the income less than prescribed in the &ederal law)9 $here shall not be any gender discriminations regarding remuneration for the same wor1and social security): $here shall be no gender discrimination regarding the right to parental property with regardto all family members)

1,. Ri"ht to *ommuni*ation0 + $here shall be no prior censorship of publications andbroadcasting, or information dissemination, or printing of any news item, editorial, article,feature, or other reading material, or the use of audio-visual material by any medium,including electronic publication, broadcasting and printing)*rovided that nothing shall be deemed to prevent the ma1ing of laws to impose reasonablerestriction on any act which may undermine the nationality, sovereignty, and indivisibility ofNepal, or the good relations between federal units, or !eopardizes the harmonious relationssubsisting among different caste groups and tribes, or communities, or an act of treason, ordefamation of social dignity of individuals through the publication and dissemination of falsematerial, or contempt of court, or material that incites criminal offence, or an act that iscontrary to decent public behavior and morality, or disrespects labor, or incites untouchability

or gender discriminations). /f there is any broadcasting, publishing or printing, or dissemination of news, article,editorial, feature, or other material through the medium of electronic euipment or the use ofvisuals or audio-visuals, no radio, television, online publication or any 1ind of digital orelectronic euipment, or press, or other 1ind of media outlet, shall be closed, seized, or theirregistration cancelled for publishing, or transmitting, or broadcasting such material)*rovided that nothing in this clause shall be deemed to prevent the ma1ing of (cts to regulateradio, television, online or the use of any other 1ind of digital or electronic euipment,printing press or other medium of communication)3 No means of communication including the press, electronic broadcasting and telephoneshall be obstructed except in accordance with law)25. Ri"ht to 6usti*e0 + No person shall be detained without being informed of the ground forsuch an arrest). $he person who is arrested shall have the right to consult a legal practitioner of her8hischoice and be defended from the time of arrest) $he consultations held with the legalpractitioner and the advice given thereon shall remain confidential)*rovided that this clause shall not apply to a citizen of an enemy state)E4&lanation0 &or the use of this clause Alegal practitionerB shall mean a person who has thelegal right to represent any person in any court or office)


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3 Every person who is arrested shall be produced before a !udicial authority within a periodof twenty-four hours after such arrest, excluding the time necessary for the !ourney from thetime and place of arrest to such authority, and the arrested person shall not be detained incustody beyond the said period except on the order of such authority)*rovided that this clause shall not apply to a person in preventive detention or to a citizen ofan enemy state)

9 No person shall be punished for an act which was not punishable by law when the act wascommitted, and no person shall be sub!ected to a punishment greater than that prescribed bylaw at the time of the offence): No person accused of any offence shall be assumed to be an offender until proven guilty); No person shall be prosecuted or punished for the same offence in a court of law more thanonce) Every person shall be entitled to a fair hearing from an impartial, independent and

competent court or !udicial authority)+7 (n indigent person shall have the right to free legal aid as provided for by law)21. Ri"ht of !i*tim of *rime0 + $he victim of crime shall have the right to be informed aboutthe investigation and proceedings of the case regarding his8her victimization). $he victim of crime shall have the right to social rehabilitation and !ustice withcompensation as provided for by law)22. Ri"ht a"ainst torture: + No person in detention shall be sub!ected to physical or mentaltorture, or be treated in a cruel, inhuman or degrading manner). (ny such act pursuant to clause + shall be punishable by law and a victim of such an actshall have the right to compensation as provided for by law)


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2#. Ri"ht a"ainst &re!enti!e detention0 + No person shall be held under preventivedetention unless there is sufficient ground to believe that there exits an immediate threat tothe sovereignty and territorial integrity of Nepal or public peace and order). &amily member or close relative of the person in preventive detention pursuant to clause+ shall have to be immediately informed about his8her condition as provided for by law)*rovided that this clause shall not be applicable to a citizen of an enemy state)

3 /f an official is found to have held any person under preventive detention against the lawand with malicious intention, such person shall be entitled for compensation as per the law)2%. Ri"ht a"ainst untou*hability and dis*rimination0 + No person shall be treated with any1ind of untouchability or discrimination in any private or public place on grounds of caste,ethnicity, origin, community, occupation, or physical condition). No person belonging to a particular caste or ethnicity shall be prevented from buying anob!ect or getting services or facilities in the process of production of such ob!ects or in thedistribution or delivery of services, or no such ob!ects shall be sold to, or facilities or servicesdistributed or delivered to persons belonging to a particular caste or ethnicity only)3 Racial discriminations shall not be encouraged in any way, or there shall not be anybehavioral attitude to exhibit high or low status on grounds of a particular caste, ethnicity or

community, or physical condition of a person, or there shall not be any behavioral attitude that!ustifies social discrimination based on caste, ethnicity, or untouchability, or encouragementfor the propagation of attitudes based on caste superiority and untouchability, or hatred)9 $here shall not be any racial discrimination in the wor1place by indulging or not indulgingin untouchability): (ll forms of untouchability or discrimination contrary to this provision shall be punishableby law as a serious social crime, and the victim of such an act shall have the right tocompensation as provided for by law)2'. Ri"ht to &ro&erty0 + Every citizen shall, sub!ect to laws, have the right to acuire, en!oyown, sell, have professional gains, and otherwise utilize, or dispose of property)Explanation0 &or the purpose of this (rticle, ApropertyB means all type of movable andimmovable property and the word also includes intellectual property)*rovided that the state may impose tax on property and income of a person according to thenorms of progressive tax). $he 6tate shall not, except in the public interest, acuire, reuisition, or create anyencumbrance on the property of any person)


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*rovided that this clause shall not be applicable to property acuired through illegal means)3 /n the case when the land of a person is acuisitioned by the 6tate according to clause .,the basis of compensation and the relevant procedure shall be as prescribed by (ct)9 $he provisions of clauses . and 3 shall not obstruct the state in carrying out landreforms, management and regulation by law in order to increase the production andproductivity of land, modernize the agriculture and ma1e it professional, environment

protection and managed housing and urban development): /n case the state has acuired property of any person for public interest pursuant to clause3, there shall be no hindrance to use such property for any other public interest, other thanthe public interest for which it has been acuired)2(. Ri"ht to reli"ious freedom0 + Each person shall be free to profess, practice, andpreserve his8her religion according to his8her faith). Every religious denomination shall, maintaining its independent existence, have the right tomanage and protect its religious places and religious trusts in accordance with law)*rovided that it shall not be deemed to have hindered to ma1e law to operate and protect areligious place or religious trust and to manage trust property and regulate land management)3 While exercising the right as provided for by this (rticle, no person shall act or ma1e others

act in a manner which is contrary to public health, decency and morality, or behave or act orma1e others act to disturb public law and order situation, or convert a person of one religionto another religion, or disturb the religion of other people) 6uch an act shall be punishable bylaw)2). Ri"ht to information0 Every citizen shall have the right to see1 information on any mattersof concern to her8him or the public)*rovided that nothing shall be deemed to compel any person to provide information aboutwhich confidentiality is to be maintained according to law)2+. Ri"ht to &ri!a*y0 Except in circumstances provided by law, privacy in relation to theperson, and their residence, property, documents, records, statistics and correspondence, andtheir reputation are inviolable)2,. Ri"ht a"ainst e4&loitation0 + Every person shall have the right against exploitation). No person shall be sub!ected to any 1ind of exploitation on the basis of religion, custom,tradition, culture, practices or any other bases)


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3 No person shall be sub!ected to human traffic1ing or bonded labor, and such an act shall bepunishable by law)9 No person shall be sub!ected to forced labor)*rovided that nothing in this clause shall prevent the enactment of a law reuiring citizens tobe engaged in compulsory service for public purposes): (ny act contrary to clause 3 and 9 shall be punishable by law and the victim of such an

act shall have the right to compensation from the perpetrator)#5. Ri"ht re"ardin" *lean en!ironment0 + Each person shall have the right to live in ahealthy and clean environment). $he victim of environmental pollution and degradation shall have the right to becompensated by the pollutant as provided for by law)3 *rovided that this (rticle shall not be deemed to obstruct the ma1ing of reuired legalprovisions to stri1e a balance between environment and development for the use of nationaldevelopment wor1s)#1. Ri"ht to edu*ation0 + Every citizen shall have the right to access to basic education). Every citizen shall have the right to compulsory and free basic education, and freeeducation up to the secondary level)

3 $he physically impaired and citizens who are financially poor shall have the right to freehigher education as provided for in law)9 $he visually impaired person shall have the right to free education with the medium of brailscript): Every Nepali community living in Nepal shall have the right to acuire education in itsmother tongue up to the secondary level, and the right to open and run schools andeducational institutions as provided for by law)#2. Ri"ht to lan"ua"e and *ulture0 + Each person and community shall have the right to usetheir language). Every person and community shall have the right to participate in the cultural life of itscommunity)3 Each community living in Nepal shall have the right to preserve and promote its language,script, culture, cultural civilization and heritage)##. Ri"ht to em&loyment0 + Every citizen shall have the right to employment) $erms andconditions of employment and unemployment benefits shall be as determined by &ederal law). Every citizen shall have the right to select employment)


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#%. Ri"ht re"ardin" labor0 + Every laborer shall have the right to proper wor1 practices)Explanation0&or the purpose of this (rticle, ClaborerC means a wor1er or laborer who offersphysical or mental wor1 for an employer for remuneration)

. Every laborer shall have the right to appropriate remuneration, facilities and contribution-based social security)3 Every laborer shall have the right to form trade union, participate in it, and organize

collective bargaining)#'. Ri"ht to health *are0 + Every citizen shall have the right to see1 basic health careservices from the state and no citizen shall be deprived of emergency health care). Each person shall have the right to be informed about his8her health condition with regardto health care services)3 Each person shall have eual access to health care)9 Each citizen shall have the right to access to clean water and hygiene)#(. Ri"ht to food0 + Each citizen shall have the right to food). Every citizen shall have the right to be protected from a state of starvation, resulting fromlac1 of food stuffs)3 Every citizen shall have the right to food sovereignty as provided for in law)

#). Ri"ht to housin"0 + Each citizen shall have the right to appropriate housing). No citizen shall be evicted from the housing owned by him8her, or encroached on thehousing, except in accordance with law)#+. Ri"ht of women0 + Every woman shall have eual right to lineage without any genderdiscriminations). Every woman shall have the right relating to safe motherhood and reproductive health)3 $here shall not be any physical, mental, sexual or psychological or any other 1ind ofviolence against women, or any 1ind of oppression based on religious, social and culturaltradition, and other practices) 6uch an act shall be punishable by law and the victim shall havethe right to be compensation as provided for in law)9 Women shall have the right to access participate in all state structures and bodies on thebasis of the principle of proportional inclusion): Women shall have the right to special opportunity in the spheres of education, health,employment and social security on the basis of positive discrimination)


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; Doth the spouses shall have eual rights in property and family affairs#,. Ri"ht of *hildren0 + Each child shall have the right to his8her identity with the familyname, and birth registration). Every child shall have the right to education, health care nurturing, appropriate upbringing,sports, recreation and overall personality development from family and the 6tate)3 Every child shall have the right to formative child development, and child participation)

9 No child shall be employed in factories, mines, or in any other hazardous wor1s): No child shall be sub!ected to child marriage, illegal traffic1ing, 1idnapping, or being heldhostage); No child shall be sub!ected to recruitment or any 1ind of use in the army, police or armedgroups, neglected, or used immorally, or abused physically, mentally, or sexually, or exploitedthrough any other means, in the name of religious or cultural practices) 'hildren who are helpless, orphaned, physically impaired, victims of conflict andvulnerable, shall have the right to special protection and facilities from the 6tate)

+7 (ny act contrary to 'lause 9, :, ; and


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: $he 6tate shall, according to law, provide land to landless 2alits for one time); $he 6tate shall, according to law, ma1e housing arrangements for 2alits who do not havehousing of their own)


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. ( person who has suffered from sub-standard ob!ect or service shall have the right to becompensated as provided for by law)%'. Ri"ht a"ainst e4ile0 No citizen shall be exiled)%(. Ri"ht to *onstitutional remedy:$here shall be right to constitutional remedy pursuant tothe (rticles +33 or +99 in course of implementation of rights granted in this part)%). 8m&lementation of fundamental ri"hts0 &or the enforcement of the rights conferred in

this *art, the 6tate shall ma1e legal provisions, as reuired, within three years of thecommencement of this constitution)%+. 3uties of *itiens0 Each person shall the following duties0a *rotect nationality, sovereignty and integrity of Nepal by pledging allegiance to the nation,b (bide by the constitution and law,c 'ompulsorily enlist when the state needs the service)d $o protect and conserve public property)


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3ire*ti!e Prin*i&les- Poli*ies and Res&onsibilities of the tate%,. To be the 9uidin" Prin*i&les: + $he 2irective *rinciples, *olicies and Responsibilities ofthe 6tate mentioned in this *art shall remain as guidelines for the governance of the 6tate). $he 6tate shall mobilize or have it mobilized, the reuired resources and means for theimplementation of the principles, policies and responsibilities mentioned in this *art)

'5. 3ire*ti!e Prin*i&les0 + /t shall be the political ob!ective of the 6tate to strengthen afederal democratic republican system to ensure an atmosphere where democratic rights areexercised by ac1nowledging sovereignty, independence and integrity of the country to be ofutmost importance? by protecting freedom, euality, property and all citizens through rule oflaw? by embracing the norms and values of fundamental rights and human rights, gendereuality, proportional inclusion, participation and social !ustice? and by maintaining a !ustsystem in all spheres of national life in order to establish a government system aimed at publicwelfare, while maintaining relations between federal units on the basis of cooperationbetween them, and internalizing the principle of inclusion in the governance system on thebasis of local autonomy and decentralization,. /t shall be the socio-cultural ob!ective of the 6tate to build a civilized and egalitarian

society by ending all forms of discrimination, oppression and in!ustice based on religion,culture, cultural practices, customs, traditional practices, or on any other grounds? developsocio-cultural values based on national pride, democracy, people orientation, dignity of labor,entrepreneurship, discipline, dignity and tolerance, by respecting cultural diversity andmaintaining communal harmony, solidarity and amity)3 /t shall be the economic ob!ective of the 6tate to ma1e the national economy self-reliant,independent, and developing it towards socialism oriented economy with euitable distributionof resources and means, by ending all forms of economic exploitation and ineuality, withmaximum utilization of available resources and means through the participation ofcooperatives, and public and private sector for sustainable development, and to build anexploitation-free society by fair distribution of the achievements made so far)

9 $he international relations of the 6tate shall be directed towards maintaining internationalrelations based on sovereign euality, protecting sovereignty, independence, territorialintegrity and national interest of the country, and promoting national prestige in theinternational community)


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'1. tate &oli*ies0 $he 6tate shall pursue the following policies0a; Poli*ies re"ardin" national unity and national se*urity0+ @aintaining national unity intact by protecting independence, sovereignty, territorialintegrity and autonomy of the country?. *romoting national unity by developing relations of mutual cooperation between federalunits by maintaining mutual understanding, tolerance, and solidarity among various caste,

ethnic, religious, linguistic and cultural groups and communities)3 @anagement of law and order situation by developing a national security system)9 4uaranteeing an all-round human security system): @a1ing the army, police, armed police and other security organs strong, capable,professional, inclusive and accountable to people on the basis of national security system); @a1ing citizens capable and ready for national service according to the need of the nation)


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*; Poli*ies re"ardin" so*ial and *ultural transformation0+ Duilding a society based on harmonious social relations by developing a healthy andcivilized culture). 'onducting studies, research and archaeological excavations and dissemination of/nformation about them for the protection, maintenance and development of historical,archaeological and cultural heritage)

3 'ommunity development by promoting local participation through the promotion andmobilization of creativity of local communities in social, cultural and charitable wor1s)9 6tressing on the development of art, literature and music that are in the form of nationalheritage: *ut an end to all forms of discrimination, and in!ustice in the name of religion, culture,tradition, practices and rites); $o preserve and develop the language, texts, culture, literature, arts motion pictures andproperty of different castes and communities, on the basis of euity, while also maintainingthe countrys cultural diversity)


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mar1eting, monopoly, artificial scarcity and unhealthy competition and ma1ing nationaleconomy competitive)= *rioritizing domestic investment based on Nepali labor, s1ill and raw material for thedevelopment of the economy of the country through the protection and promotion of nationalindustries and resources and means)> (ccording priority to domestic investment in service sector to promote it a competitive

industry for development of national economy?+7 Encouraging and mobilizing foreign capital and technology investment for infrastructuredevelopment in the areas of export promotion, and import to suit national interest)++ &oreign aid shall be based on national needs and priority, and it shall be madetransparent) $he amount received as foreign aid shall be included in the national budget)+. Gtilizing the 1nowledge, s1ill, technology and capital of the non-resident Nepalese fornational development)+3 *roviding mobility to economic development by establishing coordination among provincesand between province and federation regarding industrial corridors, special economic zones,national pro!ects and foreign investment pro!ects)e;Poli*ies re"ardin" a"ri*ulture and land reform0

+ /ntroducing scientific land reform by ending dual ownership of land for the benefit offarmers). /ncreasing produce and productivity through land plotting and by discouraging absenteeland ownership)3 *rotecting and promoting rights and interests of peasants and utilizing the land use policyfor increasing production and productivity of agriculture and for commercialization,industrialization, diversification and modernization of agriculture?9 @a1ing proper utilization of land through proper regulation and management on the basis ofproductivity of land, its nature, and also by maintaining environmental balance): @a1ing arrangements for agricultural tools and an access to mar1et with appropriate pricefor the produce)f 3e!elo&ment &oli*y0+ &ormulating strategies and programs for sustainable socio-economic development underregional development plans for balanced and inclusive regional development and to implementthem in a coordinated manner)


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. *rioritizing under-developed regions while going for balanced, environment-friendly,ualitative and sustainable physical infrastructure development)3 /ncreasing the participation of local people in development process)9 *romoting investment in scientific studies and research, and inventions in science andtechnology, and for their progress and development, while protecting scientific, technologicaland intellectual minds and special talents)

: 2eveloping and expanding information technology as reuired by the nation, and ma1ing itsaccess easy and simple for the general public, while also ma1ing its maximum use for nationaldevelopment); *rioritizing poor citizens in the distribution of the fruits of development, and ma1ingnecessary arrangements for the general public to have a fair share of it)


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: $he 6tate shall pursue a policy of ma1ing a sustainable use of biodiversity through theconservation and management o forests, fauna and flora, and by minimizing the negativeimpacts of industrialization and physical development by promoting public awareness onenvironmental cleanliness and protection); $he 6tate shall pursue a policy of 1eeping necessary landmass as forest area in order tostri1e an environmental balance)

$he 6tate shall formulate and pursue a policy of designing a pre-warning system, disasterpreparedness, rescue, relief wor1s and rehabilitation in order to minimize the ris1s of naturaldisasters)h Poli*ies re"ardin" the basi* needs of *itiens0+ @a1ing education scientific, technical, professional, s1ill-oriented, and employment and

people oriented in order to prepare the human resources to be competent, competitive,moral, and committed to national interest). /ncreasing the investment of the 6tate in the educational sector, and regulating andmanaging the investment of the private sector in it to ma1e education service oriented)3 @a1ing higher education easily available, of high uality and accessible, and graduallyma1ing it free)9 Establishing and promoting information centers and libraries for the personalitydevelopment of citizens): $he 6tate shall gradually increase necessary investment in the public health sector in orderto ma1e citizens healthy); Ensuring easily available and eual access to high uality health care for all)


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> 4radually increase the number of health institutions and health wor1ers, while emphasizingresearch on health in order to ma1e ualitative health service available to all)+7 /t shall be the policy of the 6tate to increase general life expectancy by decreasingmaternity-infant mortality rate by encouraging family planning population management basedon the need and capacity of the country)++ 2eveloping well-planned and organized settlement areas by managing the unplanned

settlements)+. /ncreasing investment in the agricultural sector by ma1ing necessary provisions forsustainable productivity, supply, storage and security, while ma1ing it easily available witheffective distribution of food grains by encouraging food productivity that suits the soil andclimate conditions of the country in accordance with the norms of food sovereignty)+3 @a1ing a well-planned supply system by ensuring eual access of citizens to the basicneeds and services, and prioritizing the remote areas and regions that were made to lagbehind)+9 /ncreasing investment in the transportation sector by ensuring simple, easy and eualaccess of all citizens to transportation facilities, and prioritizing environment friendlytechnology, encouraging public transportation and uality private transportation, while also

ma1ing the transportation sector safe, well managed and disabled friendly)+: Ensuring insurance policy for citizens and ma1ing arrangements for their access to healthcare)i Poli*ies re"ardin" labor and em&loyment0+ 'reating a condition to ensure employment for all and employment opportunities in thecountry itself by ma1ing the labor power, which is the main social and economic force,competent and professional). 4uaranteeing social security by ensuring the basic rights of all laborers in accordance withthe concept of dignity of labor)3 Ending child labor and all forms of labor exploitation)9 Encouraging the participation of laborers in the management by creating good industrialrelationship between employers and employees): Regulating and managing foreign employment in order to ma1e this sector exploitationfree, safe and well-managed to guarantee laborers right and employment)


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; Encouraging the use of the capital, s1ill, technology and the experience gained in foreignemployment in the productivity sector of the country)! Poli*ies re"ardin" so*ial 7usti*e and in*lusion0+ @a1ing appropriate arrangements of livelihoods by prioritizing employment for singlewomen who are in helpless conditions on the basis of s1ill, capability and merit). @a1ing women self reliant who are vulnerable, victims of conflict, excluded by family and

the society, by ma1ing necessary arrangements of rehabilitation, protection and empowermentfor them)3 Ensuring the use of necessary services and facilities during the reproductive stage9 Economically evaluating the wor1s and contribution in regard to child care and care for thefamily): *aying primary attention to the utmost interest of children); Rehabilitation of kamaiyabonded laborers, kamlari, haruwa, charuwa, haliya,thelandless and the suatters by identifying them, and ma1ing arrangements of housing, orproviding small plot of land or house, employment, or arable land for their livelihoods) @a1ing special arrangements for minority communities to exercise their social and culturalrights by maintaining their identity)+7 @a1ing special arrangements for the @adhesi community to have eual distribution ofbenefits of economic, social and cultural opportunities, and also for the protection, progress,empowerment and development of the very poor and bac1ward classes within the @adhesicommunity)


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++ @a1ing special provisions of protection, progress, empowerment and development, andthe fulfillment of basic needs of the citizens of oppressed and bac1ward regions)+. 4iving priority to the very poor within all communities, regions, and gender, whileproviding social security and social !ustice)+3 @a1ing a well planned investment in sports and sports men and women in order to producehealthy, able and disciplined citizens and developing sports as a medium of consolidating

national unity and promoting national prestige in the international arena)+9 /nvolving N4#s and /N4#s only in the areas of national needs and priority, by adopting aone-door policy for the establishment, endorsement, engagement, regulation and managementof such organizations, and by ma1ing the investment and role of such organizationsaccountable and transparent)1 Poli*ies re"ardin" 7usti*e and &unishment0+ @a1ing !udicial administration swift, competent, easily available, economical, impartial,effective and accountable to people). (dopting alternative methods such as reconciliation and mediation for the settlement ofdisputes of ordinary nature)3 (dopting effective methods in controlling corruption and irregularities in all sectors,

including politics, !udicial sector, administration and the social sector)l; Poli*ies re"ardin" tourism0 2eveloping environment friendly tourism industry as animportant basis of national economy by identifying, protecting, promoting and publicizing thehistorical, cultural, religious, archaeological and natural heritage sites of the country, andprioritizing local people in the distribution of benefits of the tourism industry)m Poli*y re"ardin" international relations:+ *ursuing an independent foreign policy considering national interest to be of utmostimportance, on the basis of the GN 'harter, non-alignment, principle of *anchasheel,international law and universal norms, and by remaining active to defend the sovereignty,indivisibility, national independence and national interest). Entering into treaties and agreements on the basis of euality and mutual interest, byreviewing past treaties)'2. bli"ation of the ate0 /t shall be the obligation of the 6tate to maintain Nepal"sindependence, sovereignty, territorial integrity, autonomy of Nepal, protecting and promotingfundamental rights and human rights, and to observe the directive principles of the 6tate andgradually implementing the policies)'#. ubmittin" re&ort0 (n annual report regarding the wor1s of the government including theachievements made in the implementation of the directive


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principles, policies and responsibilities mentioned in this *art, shall be presented to the*resident) $he *resident shall ma1e arrangements to send such reports to the &ederal5egislature through the *rime @inister)'% .Pro!ision re"ardin" monitorin": + $here shall be a committee in the *arliament asprovided for in law to monitor the progressive implementation of the directive principles,policies and responsibilities of the state as mentioned in this *art)

''.


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*(R$ :

Restru*turin" of the tate and the distribution of tate &ower'(. tru*ture of the tate: + $he &ederal 2emocratic Republic of Nepal shall have threemain levels of structure0 federal, provincial and local). $he 6tate powers of Nepal shall be used by the federal, provincial and the local level inaccordance with this constitution)

3 $here shall be the provinces with the districts listed in 6chedule-9 that prevail at thecommencement of this 'onstitution in Nepal)9 Gnder the local level, there shall be Hillage 'ouncil, @unicipal 'ouncil and 2istrict(ssembly) $he number of wards in a Hillage council and @unicipal 'ouncil shall be as providedfor in a &ederal law): 6pecial, protected and autonomous regions may be created for socio-cultural protection oreconomic development according to &ederal law); $he &ederation, provinces and local levels shall protect Nepals independence, sovereignty,territorial integrity, autonomy, national interests, overall development, multi-partycompetitive democratic republic and federal system of governance, human rights andfundamental rights, rule of law, separation of powers and chec1 and balance, euitable society

based on plurality and euality, and inclusive representation and identity)'). 3istribution of tate &ower0 + $he power of the federation shall be relating to thesub!ects mentioned in 6chedule-:, and such authority shall be exercised in accordance withthis 'onstitution and the &ederal law). $he power of the province shall be relating to the sub!ects mentioned in 6chedule-;, andthe exercise of such authority shall be done in accordance with this 'onstitution and the&ederal law)3 $he concurrent8shared power of the federation and the province shall be relating to thesub!ects mentioned in 6chedule- and exercise of such powers shall be according to this constitution, and &ederallaw, provincial law and laws formulated by the local level); While ma1ing law by *rovincial (ssembly, village council and municipal council pursuant toclause :, they shall have to ma1e laws without


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being inconsistent to &ederal law and if such laws formulated by *rovincial legislature, villagecouncil and municipal council is inconsistent with the &ederal law, such law shall, to the extentof its being inconsistent, be void)


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*rovided that with regard to the source that are not included in the concurrent8shared list orin any list at any level, it shall be as determined by the 4overnment of Nepal). $he 4overnment of Nepal shall ma1e necessary arrangements to euitably distribute therevenue generated by it from its sources, between the federation, province and the local levelentities)3 $he amount of the fiscal transfer, the province and the local level entities are to receive

shall be as recommended by the National Natural Resources and &iscal 'ommission)9 $he 4overnment of Nepal shall distribute fiscal eualization grants to province and locallevel entity on the basis of their need for expenditure, their capacity in generating revenueand the efforts made by them): $he province shall distribute fiscal eualization grants received from the 4overnment ofNepal and the revenue generated from its sources, to the local level entities under it on thebasis of need for their expenditures and their capacity to generate revenue, in accordancewith provincial law); $he 4overnment of Nepal shall ma1e arrangements regarding conditional grants to beprovided through the &ederal 'onsolidated &und, complementary grants, or the special grantsfor other purposes)


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*(R$ ;

President and !i*e0President(1. President: + $here shall be a *resident in Nepal). $he *resident shall be the head of the 6tate) %e8she shall perform his8her duties accordingto this 'onstitution and &ederal laws)3 $he *resident shall promote national unity of Nepal)

9 'ompliance and protection of the constitution shall be the main duties of the *resident)(2.Ele*tion of the President0 + (n electoral college, consisting of voting members of the&ederal *arliament and the members of *rovincial (ssembly, shall elect the *resident) /t shallbe done as provided for in law with the difference of weightage in voting of the members ofthe &ederal *arliament and the members of *rovincial (ssembly). Notwithstanding anything contained in clause +, it shall not be deemed to prevent theformation of an electoral college for the use of the election of the *resident simply because ofthe reason that an election of *rovincial (ssembly has not been held in any province)3 $he person who receives ma!ority votes of the total number of existing members of theElectoral 'ollege as provided for in clause +, shall be elected as *resident)9 /f any candidate fails to receive ma!ority votes according to clause 3, there shall be a

second round of voting between the two candidates who receive the highest votes, and aperson getting more than fifty percent of vote in this voting shall be elected as *resident): /f none of the two candidates obtain more than fifty percent of the votes in the voting heldunder clause 9, then a re-voting will be conducted) (ny person getting the ma!ority of votescast in this re-voting shall be elected as *resident); /f a person who is elected to the position of the *resident already holds a political positionthrough election, nomination, or appointment, the position held by such a person shallautomatically become vacant)


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(%. i*e0President0 + $here shall be a Hice-*resident in Nepal). $he Hice-*resident shall perform the duties of the *resident until a new *resident is electedin the case when the *resident ceases to hold #ffice due to reasons other than when the*resident is absent or the term of office has expired)3 /f a person is elected to the position of Hice-*resident already holds a political positionthrough election, nomination or appointment, the position held by such a person shall

automatically become vacant)(+. The *ir*umstan*es in whi*h the >i*e0President *eases to hold offi*e0 $he Hice-*residentshall cease to hold office under the following circumstances0a /f he8she tenders a written resignation to the *resident,


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b /f an impeachment motion against the Hice-*resident is passed pursuant to (rticle +7+,c /f the term of office expires,ord /f he8she dies)(,. ther &ro!isions re"ardin" the >i*e0President:$he ualification of the Hice-*resident,election process, and other provisions regarding the term of office, shall be similar to that ofthe *resident)

)5. President and >i*e0President to belon" to different "ender or *ommunity0 Whileconducting election of the *resident and Hice-*resident under this constitution, the electionshall be held so as to represent different gender or communities))1. ath of offi*e of the President and >i*e0President0 $he *resident shall ta1e the oath ofoffice and secrecy before the 'hief ustice, and, the Hice-*resident before the *resident, asprovided for by law, before assuming the responsibilities of the office))2. Remuneration and other benefits to the President and >i*e0President0 $heremuneration and other benefits to the *resident and Hice-*resident shall be as determined byan (ct, and until such (ct is made, it shall be as specified by the 4overnment of Nepal))#. ffi*e of the President and the >i*e0President0 + 6eparate offices shall be set up toassist the wor1s of the *resident and the Hice-*resident)

. $he 4overnment of Nepal shall provide necessary personnel and ma1e other arrangementsfor the management of the wor1s of the offices pursuant to clause +)


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*(R$ of (rticle


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. No uestion shall be raised in any court as to whether or not the regulations under clause+ were abided by)


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*(R$ =

ederal Parliament+#. ederal Parliament: $here shall be a 5egislature, called &ederal *arliament, consisting oftwo %ouses, namely the %ouse of Representatives and the National (ssembly)+%. Constitution of @ouse of Re&resentati!es:+ $he %ouse of Representatives shall consistof two hundred and seventy five members as follows0-

a #ne hundred and sixty five members elected through the first-past-the-post electoralsystem consisting of one member from each of the one hundred and sixty five electoralconstituencies formed by dividing Nepal into +;: constituencies based on geography, andpopulation)b #ne hundred and ten members elected from proportional representation electoral systemwhere voters vote for parties, while treating the whole country as a single electoralconstituency). *rovision shall be made according to &ederal law for the representation of political partiesto file candidacy for the election of the %ouse of Representatives for proportionalrepresentation system through closed list of women, Dalit,AdibasiJanajati, Khas Arya,Madhesi, haru, Muslim, and bac1ward regions) Dalance in geography and province shall be

considered for such candidacy)E4&lanation: &or the purpose of this provision,Khas Aryameans !hhetri, "rahmin, hakuriand #annyasi $Dasnami%community)3 While filing candidacy by political parties pursuant to clause ., provision ofrepresentation of persons with disability shall also be made)9 $he election for the members of %ouse of Representatives pursuant to clause + shall beheld through secret ballots as provided in the law): Every Nepali citizen who has attained the age of eighteen years, as provided in law, shall beentitled to vote in any constituency); 6ub!ect to law, any Nepali citizen, who is entitled to vote in election for %ouse ofRepresentatives, and who meets the reuirements under (rticle =


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party in &ederal *arliament) /n case, one-third percentage of women are not elected whilebeing elected under section a of clause +, and section a, clause . of (rticle =9, the partythat fails to ensure one-third representation shall have to elect at least one-third of totalnumbers as woman in the &ederal *arliament while electing members under section b ofclause +)> Election of %ouse of Representatives and other matters thereto shall be pursuant to &ederal

laws)+'. Term of @ouse of Re&resentati!es:+ Except when dissolved earlier, the term of %ouseof Representatives shall be five years). Notwithstanding anything in clause +, provided that the situation when the order for thestate of emergency is made and when such state of emergency exists, the term of %ouse ofRepresentatives may be extended, not exceeding one year in accordance with &ederal law)3 $he term extended under clause . shall, ipso &acto, end within six months of the end ofstate of emergency)+(. Constitution of $ational Assembly and terms of members: + National (ssembly shall bea permanent house). $here shall be fifty-nine members in the National (ssembly as follows0-

a &ifty six members elected from an Electoral 'ollege comprising members of *rovincial(ssembly and chairpersons and vice-chairpersons of Hillage councils and @ayors and 2eputy@ayors of @unicipal councils, with different weights of votes for each, with eight membersfrom each province, including at least three women, one 2alit, one person with disability orminority?b $hree members, including at least one woman, to be nominated by the *resident on therecommendation of 4overnment of Nepal)3 $he tenure of members of National (ssembly shall be six years)*rovided that after the commencement of this 'onstitution, arrangements shall be made bydrawing lottery to retire one-third of the members on the expiry of two years, another one-third on the expiry of four years, and the final one-third on the expiry of six years)9 $he tenure shall be considered to have commenced from the day of first meeting of theNational (ssembly): /n case of vacancy of a seat in National (ssembly, it shall be filled in the manner throughwhich the said member had been elected or nominated); #ther provisions relating to election of National (ssembly members shall be as provided bylaw)+).


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a citizen of Nepal,b who has attained twenty five years of age for the %ouse of Representatives and thirty fiveyears of age for the National (ssembly?c who has not been punished for any criminal offence involving moral turpituded not ineligible under any law,e not holding an office of profit)

E4&lanation:A#ffice of profitB in this section means any position, other than a politicalposition which is to be filled by election or nomination, for which a remuneration or economicbenefit is paid out of a government fund) . No person shall be a member of both %ouses atthe same time). No one person can be a member of both the houses at the same time3 /f a person who is elected or nominated to the position of the member of &ederal*arliament already holds a political position through election, nomination, or appointment, theposition held by such a person shall automatically become vacant from the day of his8herta1ing oath of office)++. ath: Every member of the &ederal *arliament shall, before ta1ing part for the first timein the meeting of the parliament at its committees, have to ta1e an oath as provided in law)

+,. >a*ation of seat:$he seat of a @ember of *arliament shall be vacant in the followingcircumstances0-a if he or she resigns in writing to the 6pea1er or 'hairperson,b if he or she does not meet the reuirements under (rticle >+,c if his or her term of office expires or if the term of the %ouse of Representatives andNational (ssembly expires,d if he or she remains absent from ten consecutive meetings without notification to the%ouse,e if the party of which he or she was a member when elected provides notification in themanner set forth by law that he or she has abandoned the party)f if he or she dies),5. 3e*ision as to 3is/ualifi*ation of Members: /f a uestion arises as to whether a @emberof *arliament is disualified or has ceased to possess any of the ualifications set forth in(rticle >+ the final decision shall be made by the 'onstitutional bench of the 6upreme 'ourt)


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,1. &ea?er and 3e&uty0&ea?er of the @ouse of Re&resentati!es:+ $he %ouse ofRepresentatives shall, within fifteen days of commencement of first meeting, elect a 6pea1erand a 2eputy 6pea1er from among its members).While electing 6pea1er and 2eputy 6pea1er as per clause +, either 6pea1er or 2eputy6pea1er shall be a woman and belong to different parties)*rovided that, no more than one party is elected to the %ouse of Representatives or does not

see1 to file its candidacy even when elected, nothing in this article shall bar from having6pea1er and 2eputy 6pea1er of the same party)3 /f the office of the 6pea1er or the 2eputy 6pea1er falls vacant, the %ouse ofRepresentatives shall fill the vacancy through election from among its members)9 $he 2eputy 6pea1er shall, in the absence of the 6pea1er of the %ouse of Representatives,chair the meeting of %ouse of Representatives): /n case the election of the 6pea1er and 2eputy 6pea1er has not ta1en place, or bothpositions remain vacant, the senior-most member of the %ouse of Representatives shall presidethe meeting of the %ouse of Representatives); $he office of the 6pea1er or the 2eputy 6pea1er shall be vacant in the followingcircumstances0

a if s8he ceases to be a member of the %ouse of Representatives0 *rovided that, after thedissolution of the %ouse of Representatives, the 6pea1er and 2eputy 6pea1er shall continue inoffice until the date of the filing of nominations for election to the %ouse of Representativesb if s8he submits a written resignation?c if a resolution is passed by a ma!ority of two-thirds of the total number of members in the%ouse of Representatives to the effect that his8 her conduct is not compatible with his8herposition)i*e0Chair&erson of $ational Assembly:+ (fter the commencement of its first session, the National (ssembly shall, within fifteendays of commencement of first meeting, elect a 'hairperson and Hice chairperson from amongits members). While electing as per clause +, either 'hairperson or Hice chairperson 'hairman of theNational (ssembly shall be a woman)


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*rovided that no more than one party is elected to the National (ssembly or does not see1 tofile its candidacy even when elected, nothing in this article shall bar from having 'hairpersonand Hice chairperson from the same party)3 /f the office of the 'hairperson or Hice chairperson falls vacant, the National (ssembly shall fillthe vacancy through election from among its members)9 $he Hice-'hairperson shall, in the absence of the 'hairperson of the National (ssembly, chair

the National (ssembly): /f the election of the 'hairperson and Hice chairperson has not ta1en place, or if both thepositions have become vacant, the senior-most member of the National (ssembly shall preside overthe meeting of the National (ssembly); $he office of the 'hairperson and Hice chairperson shall be vacant in the followingcircumstances0a if s8he ceases to be a member of the National (ssembly,b if s8he submits a written resignation,c if a resolution is passed by a ma!ority of two-thirds of the total members of the National(ssembly to the effect that his or her conduct is not compatible with his8her position)


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. *resident shall address the first session after an election to the %ouse of Representatives and a!oint sitting of both the %ouses of *arliament after the commencement of the first session of eachyear),(. 3e&uty Prime0minister- tate Minister and Assistant Minister Entitled to Ta?e Part in Both@ouses: ( @inister shall be entitled to attend and ta1e part in the proceedings anddeliberations of any of the %ouse of *arliament or its committees)

*rovided that s8he shall not be entitled to vote in a %ouse or committee of which s8he is not amember),). ormation of Committees: + %ouse of Representatives and National (ssembly shall havethe right to form committees according to the law). /f a resolution is passed by either %ouse demanding that a oint 'ommittee of both the %ousesbe constituted for the purpose of managing the wor1ing procedure between the two %ouses,resolving disagreements on any Dill, or for any other specified function, a oint 'ommittee thereonshall be constituted) $he oint 'ommittee shall consist of up to a maximum of twenty-fivemembers in the ratio of five members from the %ouse of Representatives to one member from theNational (ssembly)

,+. Transa*tion of Business in *ase of !a*an*y of Members:Doth %ouse of &ederal *arliamentshall have the power to transact its business notwithstanding any vacancies in the seats of its

members, and no proceedings shall become invalid even if it is subseuently discovered that aperson not entitled to ta1e part in the proceedings of either %ouse had participated therein),,. >otin": Except as otherwise provided in this 'onstitution, all uestions submitted fordecision in either %ouse of *arliament shall be decided by a ma!ority vote of the memberspresent and voting) Normally, the member presiding shall not have the right to vote)Dut he may exercise the right to cast decisive vote in case of a tie)155. Pro!ision related to >ote of Confiden*e and Motion of no0*onfiden*e: + $he *rime@inister, while he holds office, may, whenever he is of the opinion that it is necessary orappropriate to obtain a vote of confidence from the members of the %ouse of Representatives,shall table a resolution to that effect in the %ouse of Representatives). $he *rime @inister may, if his or her party is fragmented or the coalition partner withdraws

its support, to obtain a vote of confidence from the members of the %ouse of Representatives,table a resolution to that effect in the %ouse of Representatives within thirty days)3 ( decision on a resolution tabled pursuant to clauses + and . shall be made by a ma!orityof the total number of members of the %ouse of Representatives)


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9 #ne-fourth of the total number of members of the %ouse of Representatives may table inwriting a no-confidence motion against the *rime @inister0*rovided that a no-confidence motion shall not be presented up to first two years ofappointment of the *rime @inister and if a no-confidence motion fails, another motion cannotbe tabled within a year of its failure): $he name of the member proposed for *rime @inister should be mentioned when tabling

the no-confidence motion under clause 9); $he *rime @inister shall be deemed to be relieved of his8her office if the no-confidencemotion tabled under clause 9 is passed by a ma!ority of the total number of members of the%ouse of Representatives)


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because of physical or mental reason, are proven with evidence by at least three members); #nce the process of impeachment is set in motion as per clause ., then the person againstwhom the impeachment motion is moved, whether 'hief ustice or 6upreme 'ourt !udges,members of udicial 'ouncil or chiefs or members of 'onstitutional bodies, shall not performhis8her duty till the process over the motion is complete) (ny official who has been removed from office by way of impeachment pursuant to clause+ and . shall not be entitled to gratuity or pension, and shall be ineligible to be appointedor nominated to any other public position)+7 #ther provisions related to impeachment motion shall be as provided by law)152. Penalty for =nauthoried Presen*e or >otin": /f a person sits or votes in a meeting of

either %ouse of *arliament as a member without ta1ing an oath pursuant to (rticle ==, or1nowing that s8he is not ualified for membership in the %ouse, s8he shall, on order of theperson chairing the %ouse, be liable to a fine of five thousand rupees for each day of suchpresence or voting) $he fine shall be recovered as government dues)15#. Pri!ile"es: + 6ub!ect to the provisions of this 'onstitution there shall be full freedom ofspeech in both %ouses of *arliament and no member shall be arrested, detained or prosecuted inany court for anything said or any vote cast in the %ouse)

. 6ub!ect to the provisions of this 'onstitution, each- %ouse of *arliament shall have fullpower to regulate its internal business, and it shall be, the exclusive right of the %ouseconcerned to decide whether or not any proceeding of the %ouse is regular) No uestion shallbe raised in any court in this behalf)3 No comment shall be made about the good faith concerning any proceeding of either %ouseof *arliament and no publication of any 1ind shall be made about anything said by any memberwhich intentionally distorts or misinterprets the meaning of the speech)9 $he provisions laid in clause + and 3 shall also apply to any person, other than amember, who is entitled to ta1e part in a meeting of the %ouse)


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: No proceedings shall be initiated in any court against any person for publication of anydocument, report, vote or proceeding which is made under authority given by a %ouse of*arliament)

E4&lanation:&or the purpose of this clause and clauses +, ., 3 and 9, the word C%ouseCshall mean and include the %ouse of Representatives and National (ssembly and shall alsomean a !oint sitting of *arliament or a meeting of the oint 'ommittee)

; No member of *arliament shall be arrested between the date of issuance of the summonsfor a session and the date on which that session closes0*rovided that nothing in this clause shall be deemed to prevent the arrest under any law of anymember on a criminal charge) /f any member is so arrested, the official ma1ing such arrestshall forthwith inform the person chairing the concerned %ouse)


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*rovided that nothing in this (rticle shall be deemed to bar the expression of opinion about theconduct of a udge during deliberations on a motion of impeachment)15(. e*retary 9eneral and e*retary of ederal Parliament: + 6ecretary of the %ouse ofRepresentatives shall be appointed on the recommendation of its 6pea1er, the 6ecretary of theNational (ssembly shall be appointed on the recommendation of its 'hairperson, the secretary-general appointed in consultation with both the 6pea1er and the 'hairperson)

. $he ualifications, duties, functions, rights and other services of 6ecretary 4eneral the6ecretary of the National (ssembly, and the 6ecretary of &ederal %ouse of Representatives shallbe as determined by law)15). e*retariat of ederal Parliament:( 6ecretariat shall be established for the purpose ofconducting the business of *arliament) #ther matters related thereto shall be as determinedby law)15+. Remuneration: $he remuneration and benefits of the 6pea1er and 2eputy 6pea1er of the%ouse of Representatives, the 'hairperson and Hice-'hairperson of the National (ssembly and'hairperson of committees and members of &ederal *arliament shall be as determined by thelaw) Gntil so determined it shall be as specified by the 4overnment of Nepal)


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*(R$ >

ederal Le"islati!e Pro*edure15,. Le"islati!e &ower of ederal Parliament0 $he legislative powers of the &ederal*arliament shall be as enumerated in 6chedule-:, 6chedule-< and 6chedule->)115. The &ro*edure of introdu*in" a Bill0 + ( Dill may be introduced at either %ouse of the&ederal *arliament sub!ect to this 'onstitution)

*rovided that finance bill may be introduced in the %ouse of Representatives only). $he finance Dill and Dills concerning the security agencies, including the Nepal (rmy, Nepal*olice, (rmed *olice, shall be introduced only as a government Dill)3 A&inance DillB means a Dill concerning all or any of the following sub!ects0a the imposition, collection, abolition, remission, alteration of taxes or regulation of taxsystem)b the preservation of the &ederal 'onsolidated &und or any other &ederal 4overnment fund,the deposit of money into and the appropriation or the withdrawal of money from such funds,or the reduction, increment or cancellation of appropriations or of proposed expenditures fromsuch funds)c the regulation of matters relating to the raising of loans or the giving of guarantee by the

4overnment of Nepal or any matter pertaining to the amendment of the laws concerningfinancial liabilities underta1en or to be underta1en by the 4overnment of Nepal)d the custody and investment of all revenues received by any 4overnment fund, moneyacuired through the repayment of loans and the grant of money, or audit of the accounts ofthe 4overnment)e @atters directly related to sections a, b, c and d)*rovided that a bill shall not be deemed to be a &inance bill by reason only that it provides forthe payment of any fees such as license fee, application fee, renewal fee, or it provides forimposition of any penalty or imprisonment)9 /f any uestion is raised as to whether a bill is a finance Dill or not, the decision of the6pea1er thereon shall be final)


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111. Pro*edure for &assin" Bills0+ ( Dill passed by one %ouse of the &ederal *arliament shall be immediately sent to the other%ouse, and after the bill is passed by that %ouse, it shall be sent to the *resident forcertification). $he &inance Dill passed by the %ouse of Representatives, shall be sent to the National(ssembly) $he National (ssembly shall have to discuss on the Dill send it bac1 to the %ouse of

Representatives with suggestions, if any, within fifteen days of receiving it)3 $he %ouse of Representatives shall discuss over the Dill returned with suggestions accordingto clause ., incorporate the appropriate suggestions, if any, and present it to the *residentfor certification)9 /f the National (ssembly does not return the Dill even after +: days of receiving it accordingto clause ., the %ouse of Representatives shall send the Dill to the *resident for certification): Except /n the case of a &inance Dill, the Dill sent to the National (ssembly by the %ouse ofRepresentatives after passing it, the National (ssembly shall have to send them bac1 withsuggestions after passing them within two months of receiving them) /n the event when suchbills are not returned by the National (ssembly within the timeframe, the %ouse ofRepresentatives shall send such Dills to the *resident for certification, after ma1ing a decision

on them with a ma!ority voting of total existing number of members); /f one %ouse re!ects the Dill passed by another %ouse, or if it is passed with amendments,the Dill shall have to be sent bac1 to the %ouse where it had been originated) $he following Dills shall be presented in the !oint meeting of both the %ouses and if the Dillis passed as it is or with amendments by the !oint meeting, the %ouse where the Dill hadoriginated shall present it before the *resident for certification)a Dills *assed by the National (ssembly but re!ected by the %ouse of Representatives, or


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b Dills sent bac1 by the %ouse of Representatives to the National (ssembly with amendmentsbut National (ssembly failing to agree on the amendment)+7 /f the session ends when a Dill is still under consideration, the next session may ta1e overthe procedure)*rovided that, if a Dill is presented to the %ouse of Representatives and is under consideration,or it is sent to National (ssembly after passing it, but if the %ouse of Representatives is

dissolved while the Dill is still under consideration in the National (ssembly, or if its tenurecomes to an end, such Dill shall be considered not effective)112) ithdrawal of Bill0 $he member who introduces a Dill may withdraw the Dill with theapproval of the %ouse)11#. Certifi*ation of the Bills:+ $he Dill which is presented to the *resident according to (rticle +++ for certification shallhave to be authenticated by the 6pea1er or 'hairperson of the %ouse where it originated)*rovided that, in the case of a &inance Dill, the 6pea1er shall have to authenticate it as&inance Dill). $he Dill presented to the *resident for certification according to this (rticle, shall becertified within +: days, and both the %ouses shall be informed about that as early as possible)

3 Except in the case of a &inance Dill, if the *resident is satisfied that reconsideration isnecessary on a bill, the Dill may be sent bac1 to the %ouse where it originated with necessaryinformation within +: days of receiving the Dill)9 /f the *resident sends bac1 a Dill with the information and if both the %ouses reconsidersthe bill as it was presented or with amendments, and pass it and present it again to the*resident, the Dill shall be certified by the *resident within +: days of its submission): $he Dill becomes an (ct after it is certified by the *resident)11%. rdinan*e:+ /f at any time, except when both the %ouses of the &ederal *arliament is in session, the*resident is satisfied that circumstances exist which render it necessary to ta1e action, the*resident may issue an #rdinance on the recommendation of the 'ouncil of @inisters). (n #rdinance promulgated under clause + shall have the same force and effect as an (ct)*rovided that, every such #rdinance0


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a 6hall be tabled at the next session and if not passed by both the %ouses, it shall cease to beeffective,b @ay be repealed at any time by the *resident,c 6hall unless rendered ineffective or repealed under section a or b, cease to have effectafter six months of its issuance, or after six months of the meeting of both the %ouses,E4&lanation0 &or the use of this clause, if the meetings of the &ederal *arliament are held at

different dates, the time shall be count from the later date of the meeting)


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*(R$-+7

ederal inan*ial Pro*edures11'. $ot ta4 to be le!ied or loan to be raised0+ No tax will be levied and collected except in accordance with law). No loan shall be raised or guarantee be given by the 4overnment of Nepal except inaccordance with law)

11(. ederal Consolidated und0 Except for the revenues of religious endowments, allrevenues received by the 4overnment of Nepal, all loans raised on the security of revenues,and all money received in payment of any loan made under the authority of any (ct and anyamount received by the 4overnment of Nepal, unless any other arrangement is made by the(ct, shall be credited to a 4overnment &und to be 1nown as &ederal 'onsolidated &und)11). E4&enditure from ederal Consolidated und or ederal 9o!ernment und0 Noexpenditure shall be incurred out of the &ederal 'onsolidated &und or any other federalgovernment fund, other than the following0a @oney charged to the &ederal 'onsolidated &und,b @oney reuired to meet expenditure under an (ppropriation (ct,c (dvance money authorized by an (ct reuired to meet expenditures, when an (ppropriation

Dill is under consideration, ord Expenditures to be incurred in extraordinary circumstances under a Hote of 'redit (ctwhich contains only a description of expenditure)*rovided that matters relating to the 'ontingency &und shall be governed in accordance with(rticle +.9)11+. E4&enditure *har"eable on the ederal Consolidated und0$he expenditures related to the following matters shall be charged on the consolidated fundand the approval of the &ederal *arliament shall not be necessary for such expenses0a amount reuired as remuneration and benefits payable to the *resident and vice *resident,b amount reuired as remuneration and benefits payable to the 'hief ustice, 6upreme 'ourtustice and the udicial 'ouncil members,

c amount reuired as remuneration and benefits payable to the 6pea1er and deputy 6pea1erof the %ouse of Representatives, 'hair and Hice-chair of National (ssembly,d amount reuired as remuneration and benefits payable to the %eads and office-bearers of'onstitutional bodies,


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e amount reuired as remuneration and benefits payable to the *rovincial %ead,f the administrative expenses of the office of the *resident and the Hice- *resident, 6upreme'ourt, udicial 'ouncil and constitutional bodies and office of the *rovincial %ead,g all charges relating to debts for which the 4overnment of Nepal is liable,h any sum reuired to be paid under any !udgment or decree of a court against the4overnment of Nepal, and

i (ny other sum declared by &ederal law to be chargeable on the &ederal 'onsolidated &und)11,. Estimates of Re!enues and E4&enditure:+ $he &inance @inister of the 4overnment ofNepal shall, with respect to every fiscal year, present before the !oint meeting of both thehouses of the &ederal *arliament the annual estimates including the following matters0a an estimate of revenues,b the money reuired to meet the charges on the &ederal 'onsolidated &und, andc the money reuired to meet the expenditure to be provided for by an (ppropriation (ct). $he annual estimates to be presented pursuant to 'lause + shall be accompanied by astatement of the expenses allocated to each @inistry in the previous financial year andparticulars of whether the ob!ectives of the expenses have been achieved)3 $he &inance @inister of the 4overnment of Nepal shall table the revenue and expenditure

estimates according to 'lause + on the +:thof the month of estha beginning of une in the5unar 'alendar every year)125. A&&ro&riation A*t0 $he money reuired to meet the expenditure to be provided by an(ppropriation (ct shall be specified under appropriate heads in an (ppropriation Dill)121. u&&lementary estimates0 + $he &inance @inister of the 4overnment of Nepal shall, inrespective of any financial year, present supplementary estimates before the %ouse ofRepresentatives, if it is found0a that the sum authorized to be spent for a particular service by the (ppropriation (ct for thecurrent fiscal year is insufficient, or that a need has arisen for expenditure upon new servicesnot provided for by the (ppropriation (ct for that year, orb that the expenditures made during that fiscal year are in excess of the amount authorizedby the (ppropriation (ct)

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