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PART -V ADMINISTRATION OF JUSTICE

48. Justice shall be affordable and speedy. Elementary civil and criminal justice shall be administered by the village panchayats in such manner and subject to such restrictions and supervision as may be prescribed by law.

49. Justice shall be administered by Judges in public courts, established for the purpose. The court shall comprise courts of first instance and also courts of appeal.

50. Subject to the provisions of this Act, the organization and management of courts, the distribution of jurisdiction and business among the court judges, the method of recruitment, terms and conditions of service of Judges and all other matters relating to administration of justice shall be regulated by law.

51. Special courts may, in extraordinary circumstances, be established by Shree Teen Maharaja, if he considers that the procedure of ordinary courts would not be adequate to secure the preservation of public peace and order.

52. (a) Shree Teen Maharaja shall appoint from among the members of the Legislative Assembly, a Judicial Committee, which shall consist of not more than twelve members including two members with special qualifications from outside the Legislative Assembly.
(b) The Committee shall have Authority-
(i) To frame Rules and Sawals (Regulations) to secure justice for all, regarding composition of the benches, proceeding of the Hearing, in the special cases so prescribed.
(ii) To carry out the provisions as specified in Section 67 of this Act.
(c) Subject to the provisions of this Act, Rules regarding the composition and functions of this Committee shall from time to time be framed by the Government.
53. (a) There shall be a Supreme Court for Nepal (Pradhan Nyayalaya).
(b) The Supreme Court shall consist of a Chief Justice and such other Judges, not exceeding twelve in numbers, as Shree Teen Maharaja may from time to time deem it necessary to appoint.
Provided that Shree Teen Maharaja may, on the recommendation of the Chief Justice, appoint to act as additional
judges of the Supreme Court, for such period, not exceeding two years, as may be required; and the judges so appointed shall, while so acting, have all the powers of a judge of the Supreme
Court.
54. Every permanent judge of the Supreme Court shall hold office until he attains the age of sixty-five years:
(a) A judge may by resignation under his hand addressed to Shree Teen Maharaja resign his office;
(b) Shree Teen Maharaja shall not remove any judge from his office unless the joint sessions of the Legislative Assembly do not pass a resolution on the ground incapacity and misbehaviour.

(c) Shree Teen Maharaja shall remove a judge, if the Judicial
Committee recommends to him that a judge is incapacitated or incapable, on the ground of committing High Crimes on being mentally or physically incapable to discharge his duty.
(d) The judges of the Supreme Court shall receive such remunerationas Shree Teen Maharaja may fix; but the remuneration shall not be altered during their continuance in office.
55. The Supreme Court shall maintain the classification of cases and its record and shall have the jurisdiction and authority over the subordinate courts and matters relating to justice as prescribed in the law.
56. The Supreme Court shall have supervisory authority over all Courts within its jurisdiction and may do any of the following things,-
(a) To hear case upon call for returns and cause to do so;
(b) Direct to transfer of any suit or appeal from any such court to any other Court of equal or superior jurisdiction;
(c) Make and issue Rules and prescribe forms for regulating the practice and proceedings of such courts;
(d) Prescribe forms in which books, entries, accounts and case files shall be kept by the Courts;
Provided that such rules and forms shall be consistent with the provisions of any law for the time being in force.
57. Until steps have been taken in regard to any matter Covered by the provisions of this chapter, the existing laws and regulations in regard to that matter shall continue to be in force.
58. Act shall be made for the protection of judges and other officers acting judicially, for acts done or ordered to be issued by them in good faith in the discharge of their duties.
59. Nothing contained in this Act shall derogate from the right of Shree Teen Maharaja to grant pardons, reprieves, respites, or remission of punishments.

PART- VI MISCELLANEOUS

60. As Soon after the commencement of this Act as expedient, the Government shall provide for universal, free, compulsory, elementary education, and technical and higher education will be provided by the State to the extent necessary to prepare candidates for wide opportunities of service of the people of Nepal. In addition, the State
will provide as far as possible for the elimination of illiteracy. The aim of educational institutions shall be good moral training, personal and vocational efficiency and the development of the spirit of nationality and international friendliness.

61. The Government shall have the authority to raise loans for the development of the State or in times of emergency, provided that it shall lay this information before the Legislative Assembly at its next meeting.

62.

(a) Shree Teen Maharaja shall appoint an Auditor General (Pradhan Janchakee) to audit the income and expenditure of the state pursuant to the Rule made by the Government.He shall only be appointed and removed from office in like manner and on like grounds as a judge of the Pradhan Nyayalaya.

(b) The Auditor-General shall submit to Shree Teen Maharaja a report, relating to the accounts of the State, for being laid before the both Chambers of the Legislative Assembly.
63. All acts and contracts made by the Council of Ministers in exercise of its executive authority shall be expressed on behalf of the Government of Nepal.
64. (a) The Government shall frame Rules implementing and elucidating this Act, especially with regard to fundamental rights,panchayats, judiciary, auditors, education, recruitment,promotions and transfers for the civil and military service and for the purpose of safeguarding the interests of public servants and the armed forces and for all matters not provided for in the Act.
(b) The Government shall also frame Rules regarding the qualifications of the voters and candidates, delimitations of
constituencies, and other matters relating to election.

65. (a) There shall be a Darkhasta Parishad (Public Service Commission), constituted by Shree Teen Maharaja for the
propose of recruiting the qualified candidates.
(b) It shall consist of such members as may be appointed by Shree Teen Maharaja for the purpose together with representatives of departments where vacancies may have occurred.
(c) It shall be the duty of the Public Service Commission within the Rules to be framed under this Act to examine the fitness and qualifications of candidates for government service and to submit their recommendation.

66. Whereas difficulties may arise in relation to the implementation of this  Act for the first time, Shree Teen Maharaja may issue such orders as may be necessary for removing the difficulties and implementing the
provision of this Act.
67. Any disagreement e about the interpretation of any of the provisions of this Act or Rules framed thereunder, shall be referred to the Chief Judicial Committee which shall give its judgment within two months from the date of reference. This judgment shall be deemed final for all purposes.

68. (a) At the expiration of seven years from the commencement of this Act or if possible earlier as Shree Teen Maharaja, in his sole discretion, may determine, Shree Teen Maharaja shall appoint a Commission. As near half of the members as possible shall be elected by the Legislative Assembly for the purpose of enquiring into the working of the Government, the growth of education, and development of representative institutions, and matters connected
report as to whether and to what extent it is desirable to extend, modify or restrict the degree of constitutional advance then existing therein. The Commission shall also enquire into the report on any other matter which may
be referred to the Commission by Shree Teen Maharaja. Shree Teen Maharaja shall, on report of that Commission, take such action as may be deemed necessary and desirable for implementing the recommendations of the said Commission.

SCHEDULE A -COMPOSITION OF RASTRA SABHA

SCHEDULE A
COMPOSITION OF RASTRA SABHA
1. Elected Members: – 42
(a) The Pradhan Panch of the following Zilla Panchayats: – 32
1. East No. 1.                                                                      6.                                                              Ilam
2. East No. 2.                                                                      7.                                                          West No. 1.
3. East No.3.                                                                       8.                                                          West No.2.
4. East No.4.                                                                      9.                                                            West No.3.
5. Dhankuta.                                                                     10.                                                            West No.4.
11. Palpa.                                                                            22.                                                            Bara Parsa.
12. Gulmi.                                                                          23.                                                             Rauthat.
13. Sallyana.                                                                      24.                                                            Mahotari.
14. Piuthan                                                                       25.                                                                Sarlahi.
15. Dailekh.                                                                       26.                                                                  Saptari.
16. Doti.                                                                            27.                                                                    Siraha.
17. Dandeldhura.                                                             28                                                                   Morang & Jhapa.
18. Baitadi.                                                                         29.                                                          PaIhi and Majhkhand.
19. Jumla.                                                                            30.                                                              Khajhani & Seoraj.
20. Chisapani.                                                                       31.                                                  Banke and Bardia
21. The Valley Proper                                                          32.                                                   Kailali & Kanchanpur.

(b) The Pradhan Panch of the following Nagar Panchayats :- 4

33. Kathmandu                   34. Patan.                              35 Bhaktapur.                              36. Birganj
Note: The boundaries of constituencies may, taking the areas and population into consideration, be redrawn so as to give equal representation as far as Possible, but the number of total seats shall in no case vary.
(c) List of the interests to be represented in the Rastra Sabha by election and the seats allotted to each.
Interests (Constituencies)-
(i) Merchants and traders 1 those paying Rs. 100 or more to the Government as customs duty or market fees shall elect one representative from among themselves. 1
(ii) Zamindars (Landlordas) and holders of Birtas 1 Those owning 20 Ropanis or 10 Bighas of land or their equivalent in the hill districts or more or those paying Rs. 1,000 or more to Government as land revenue shall elect one representative from among themselves. 2
(iii) Intelligentsia Matriculates or Madhyama or those with higher qualifications shall elect at least a graduate or an Acharya or those having equivalent qualification in Nepali. 1
(iv) Government servants 1
(v) Labour 1
Note: Rules and Regulations concerning Sections (iv) and (v) shall be framed by Government.
2. Nominated members – 28
Shree Teen Maharaja will nominate these.

Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13

(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 16

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 21

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 25

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27

1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 29

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Part-III

Chapter -1
The Executive
22. Executive power exercisable by king, minister and others: (1) The executive power of the state vesting in the king shall be exercisable by him either directly or through ministers or other officers subordinate to him;
Provided that, nothing in this section shall be construed as affecting the validity and operation of any Nepal law conferring powers and functions upon authorities subordinate to the king.
(2) Without prejudice to the generality of the foregoing provision, the supreme command of the defense forces of Nepal shall be vested in the king.
23. Grant of pardons reprieves etc: (1) The Government shall have power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit or commute the sentence of any person convicted of any offence by any court in Nepal or by a court martial.
(2)Nothing in Sub-section (1) shall affect the power conferred by law on any officer of the Armed forces of Nepal to suspend, remit or commute a sentence passed by a court martial. Council of ministers
24. Council of ministers: (1) There shall be a council of ministers with the prime minister at the head, to aid and advise the king in the exercise of his functions.
(2) The question any, and, if so, what, advice was tendered by ministers to the king, shall not be enquired into any court.
25. Appointment and tenure of ministers: (1) the prime minister shall be appointed by the king and the other ministers shall be appointed by the king, on the advice of the prime minister.
(2) The ministers shall hold office during the pleasure of the king.
(3)The Council of Ministers shall be collectively responsible for the advice tendered to the king.
26. Executive action to be expressed to be taken in the name of Government: (1) all executive action of the Government of Nepal shall be expressed to be taken in the name of Government.
(2) Orders and other instruments made and executed in the name of the Government shall be authenticated in such manner as may be specified in rules to be made by the Government, and
the validity of an order or instrument, which is so authenticated, shall not be called in question on the ground that it is not an order or instrument made or executed by the Government.
(3) Rules making power: The Government shall make rules and instructions for the more convent transaction of the business of the Government of Nepal, and for the allocation among the
ministers of the said business.
27. Duty of prime minister: It shall be the duty of the prime minister-
(a) To communicate to the king all decision of the council of ministers relating to the administration of the affairs of Nepal;
(b) To furnish such information relating to the administration of the affairs of Nepal as the king may call for: and
(c) If the king so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council. Procedure in financial matters
28. Annual financial statement (budget):-The Government shall, in respect of every financial year, cause to be prepared a statement of the estimated receipts and expenditure of the Government of Nepal for that  year. This statement shall be known as the Annual financial statement (budget).
29. Passing of the annual financial statement: The annual financial statement shall be laid before the advisory Assembly and the Assembly shall have power to discuss and vote upon any demand or grant or exceptional grant.
Provided that, nothing in this section shall be deemed to entitle the Advisory Assembly to consider the demand for His Majesty the king’s Privy Purse or matters connected therewith.
Provided further that, the provisions of sections 56, 57, 58 shall be applicable to all considerations under this section.
Chapter-2
Legislative power
30. Legislative power of the king: For the avoidance of doubt, it is hereby declared and affirmed that, notwithstanding anything contained in any Nepal law or in any judgment of any court, the king has and continues to have sovereign and plenary powers to make laws for the
peace, order, and good Government of Nepal.
31. Legislation initiated by the council of ministers: (1) In enacting laws for the peace, order and good Government of Nepal, the king may act on the advice of the council of ministers, in accordance with the provisions of this section.
(2) It shall be lawful for the council of ministers to submit a bill for the consideration of the king.
(3) The king may assent to a Bill submitted to him under Subsection (2), or he may withhold his assent thereto, or he may return the Bill with a massage requesting that the council of ministers will
reconsider the Bill or Any specified provisions  particular, consider the desirability of introducing any such amendment as he may recommend, and the council of ministers shall reconsider the
Bill accordingly.
(4) If the king assents to any Bill so submitted, the Bill shall become law and have effect accordingly.
(5) This section shall have effect subject to the provisions of chapter IV.
Provided that, it shall be lawful for the council of ministers to submit, for the consideration of the king, a Bill which has not been considered and approved of by the advisory Assembly-
(i) If no Advisory Assembly has been constituted under the provisions of chapter IV; or
(ii) If the Advisory Assembly constituted under the provisions of chapter IV is not in session and the council of ministers consider that it is necessary, in the public interest, immediately to enact a law as proposed in the Bill.
Chapter-3
Judiciary
32. Pradhan Nyayalaya: (1) There shall be a Pradhan Nyayalaya. (2)The constitution, powers and functions of the Pradhan Nyayalaya shall be as determined by law.
Chapter-4
The Advisory Assembly General
33. Constitution: (1) There shall be constituted an Advisory Assembly for Nepal consisting of so many members as His Majesty the king may determine, who will be selected by His Majesty the king from qualified  citizens of Nepal, and, of all the members of the council of Ministers,
Ministers of state and Deputy Ministers as its ex- officio members.
(2) The Advisory Assembly shall cease to exist on the formation of a constituent Assembly.
34. Selection of members:- The non-official members shall be selected, as for as possible, as representatives of various areas, classes and interests of Nepal.
35. Qualifications: A person shall not be qualified to be selected as a member of the Adversary Assembly unless he-
(a) is a citizen of Nepal;
(b) is not less than 25 years of age; and
(c) does not possess any disqualification as described in the next Section.
36. Disqualifications: (1) A person shall be deemed to be disqualified for selection as a member of the Advisory Assembly, if he-
(a) holds any office of profit under the Nepal Government,
(b) is convicted or found guilty of any offence involving moral turpitude or corrupt or illegal
practice, and
(c) is of unsound mind. For the purpose of this section a person shall not be deemed to hold an office of profit under the Government of Nepal by reason only that he is a member of the council of Ministers of Nepal or is a Minister of state or a Deputy Minister.
(2)No one shall be deemed to be a member of the Advisory assembly till he has taken the oath of office.
37. Vacation of seat: (1) A member of the adversary Assembly shall be deemed to have vacated his seat if-
(a) he tenders his resignation in his one hand –writing to the Speaker of the Advisory- Assembly;
(b) he becomes subject to a disqualification mentioned in Sec. 36.
(c) he absents himself from all the sittings of the Assembly for a period of Twenty Five days without
the permission of the Assembly. In computing this period of Twenty Five days, no account shall
be taken of any period during which the Assembly was prorogued or his adjourned for more than four consecutive days.
(2) If any question arises as to whether a member of the Assembly has become subject to any of the disqualification mention in Sec. 36. The question shall be referred for the decision of His Majesty
the King and his decision shall be final.
38. Salary and allowances of member: The salary and allowances of the members of the Assembly shall be as fixed by the King.
39. If a person sits or votes as a member of the advisory Assembly before he has taken an oath or affirmation or when he knows that he is not qualified or that he is disqualified for membership thereof, he shall be liable in respect of each day on which he sits or votes, to a penalty of
Moru 100 to be recovered from him as a debt due to Government.

40. The right of filling any vacancy in the Assembly shall vest in His Majesty the King.
Officers of the Assembly
41. Election of speaker and Deputy Speaker: Under the president ship of a member or any other person so nominated by the King, the  Advisory Assembly shall at its first meeting choose two members to be respectively Speaker and Deputy Speaker thereof and so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be the Speaker or Deputy speaker as the case may be. The election of the speaker and the Deputy Speaker shall be made by a majority vote and the ex-officio members shall not be entitled to seek election to these posts.
42. Vacation of office of Speaker and Deputy Speaker: The Speaker or Deputy Speaker of the Assembly-
(a) shall vacate his office if he ceases to be a member of the Assembly;
(b) may at any time, by writing under his hand addressed to His Majesty the king, resign his office; and.
(c) may be removed from his office by a resolution of the Assembly passed by Two-Third majority vote.
43. Absence of Speaker or Deputy Speaker: (1) while the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker, or if the office of Deputy Speaker is also vacant, by such member of the Assembly as His Majesty the King may appoint for the purpose.
(2)In any sitting of the Assembly, the deputy Speaker shall in the absence of the Speaker act for the Speaker and if the Deputy speaker is also absent then a person selected by the assembly according to rules shall perform such functions of the Speaker.
44. Speaker’s, Deputy Speaker’s right of vote: The Speaker, or the Deputy Speaker, any other member when he is acting for the Speaker, shall have no right to vote in the first instance but may exercise a casting vote in the case of equality of votes.
45. Speaker, Deputy Speaker not to sit when resolution about their removal is under consideration: When a resolution to remove the speaker is under consideration in the Assembly, then the speaker and when a resolution o remove the Deputy Speaker is under consideration then the Deputy Speaker, shall not attend the meeting of the Assembly.
46. Salary and allowances of Speaker, Deputy Speaker: The salaries and allowances of Speaker and the Deputy Speaker shall be as fixed by the king. Summoning of the Assembly and its session
47. Summoning of the Assembly: (1)the Advisory Assembly shall be summoned at least twice in every year , and six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
(2) Subject to the provision of Sub-section (1) above, His Majesty the King may from time to time-
(a) Summon the Advisory Assemble to meet at such time and place as he thinks fit, and
(b) Prorogue the Assembly.
48. King’s address to Assembly: At the Commencement of every session of the advisory Assembly, His majesty the king shall address it and inform it of the causes of its summons.
49. King’s message to Assembly: (1) His Majesty the king may address the advisory Assembly and for that purpose require the attendance of members;
(2) His majesty the king may send messages to the Advisory Assembly, whether with respect to a matter pending before the Assembly or otherwise, and the Advisory Assembly shall by all  convenient dispatch consider any matter required by the message to be taken into consideration.
Conduct of Business
50. Oaths of members: Every member of the Advisory Assembly shall, before taking his seat, make and subscribe before His Majesty the king or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the first schedule.
51. Decision by majority vote: (1) Save as otherwise provided in this act, all questions at any sitting of the Assembly shall be determined by a majority of votes of the members present and voting, other than the speaker or the person acting as speaker.
(2) No proceeding in the Assembly shall be held to be invalid on account of any vacancy in the membership there of or it being discovered subsequently that some person who was not entitled so to do, sat or voted or took part in the proceedings.
(3) Quorum: The quorum to constitute a meeting of the Assembly shall be 25 members.
(4) If at any time during a meeting of the Assembly there is no quorum, it shall be the duty of the speaker, or the person acting as such, either to adjoin the Assembly or to suspend the meeting until there is a quorum.
Special privileges of the members
52. Freedom of speech: (1) Subject to the provisions of this Act and to the rules and standing orders regulating the procedure of the Assembly, there shall be freedom of speech in the Assembly.
(2) No member of the Assembly shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Assembly or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of the Assembly of any report, paper, votes, or proceedings. Powers of the Advisory Assembly
53. Discussions Exceptions: The Adversary Assembly may discuss any matter connected with the legislative and executive functions of the Government, save.
(a) any question or matter the discussion of which might affect the friendly relations of the Government of Nepal with any foreign power;
(b) any question regarding the person or personal conduct of His majesty the king or a member of the Royal family;
(c) any matter, the disclosure of which will not be in public interest such as the movements and postings of the troops;
(d) any motion expressing censure of or want of confidence in any Minister or the cabinet as a whole.
54. Voting upon bills: It shall be necessary for the promulgation of any law to get it discussed and voted upon in the advisory Assembly before
obtaining the approval of His Majesty the king.
55. Questions: Any member of the Assembly may put questions regarding any matters connected with the legislative or executive functions of the Government of Nepal except on the subjects excluded in section 53.
56. Non-official bill or resolution: Any member of the Assembly may, with the permission of the Speaker and in accordance with the rules of procedure of the Assembly, move a bill or a resolution for the consideration of the Assembly.
57. King’s refusal to assent: His Majesty the King may, in his discretion, refuse to give his assent to any bill or resolution passed by the  Assembly or may return it to the Assembly for such changes or
amendments as he may deem fit.
58. Certification by King: If any Government bill or resolution is rejected by the Assembly or if the Assembly does not accept the changes or amendments suggested by His Majesty the King and if His Majesty the king consider that bill or their changes or amendments to be in public
interest, he may certify the said Bill or their changes or amendments to have been passed by the Assembly.
59. Rule making: His majesty the King may make Rules for regulating, subject to the provisions of this act, the procedure and the conduct of business of the Assembly.
Chapter-5
Comptroller and Auditor General of Nepal
60. Appointment, Salary: (1) There shall be a comptroller and Auditor General of Nepal who shall be appointed by the Government.
(2) The salary and other conditions of service of the comptroller and Auditor General will be the same as those of the judge of the Pradhan Nyayalaya.
61. Forms of accounts: The accounts of Nepal Government shall be kept in such form as the comptroller and the Auditor General of Nepal may, with approval of the king, prescribe.
62. Reports: The reports of the comptroller and Auditor General of Nepal relating to the accounts of the Nepal Government shall be submitted to the King.

Part – IV

63. Public acts, records, judicial proceedings: (1) Full faith and credit shall be given throughout the territory of Nepal to public Acts, records and judicial proceedings of the country.
(2) Final judgment or order delivered or passed by civil courts in Nepal shall be capable of execution anywhere in Nepal according to law.

Part -V

64. Public Service Commission: There shall be a public Service Commission for Nepal consisting of a chairman and so many other members as the King may prescribe.
65. Appointment: The chairman and other members of the public Service Commission shall be appointed by the Government.
66. Salary, conditions of services: The salary and other conditions of service of the chairman and members of the public Service Commission shall be the same as for the judge of the Pradhan Nyayalaya.
67. Duties: (1) It shall be the duty of the Public Service Commission to conduct examinations for appointment to all service of Nepal Government.
(2) The Public Service Commission shall be consulted- (a) on all matters relating to methods of recruitment to Civil Service and for civil posts;
(b) on the principles to be fallowed in marking appointments to civil services and posts and in
making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotion or transfers;
(c) on all disciplinary matters affecting a person serving under the Government of Nepal in a civil
capacity, including memorials or petitions relating to such matters, and it shall be the duty of the
public Service Commission to advise on any matter so referred to it and on any other matter which the King may refer to it,
Provided that, the King may make regulations specifying the matters in which either generally or in any particular class of cases or in any particular circumstances, it shall not be necessary for a Public
Service commission to be consulted.

Part-VI Elections

68. Early elections: The aim of the Interim Government shall be to create conditions, as early as possible, for holding elections for the constituent Assembly which will frame a constitution for Nepal.
69. Commission: (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, these elections, including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with these elections shall be vested in a Commission (referred to in this Act as the Election Commission).
(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the King, under the advice of his Ministers, may from time to time fix, and the appointment of the chief Election Commissioner and other Election Commissioners shall be made by the king, under the advice of his ministers.
(3)The conditions of service and tenure of office of the Election Commissioners shall be such as the King may by rules determine; Provided that, the chief Election Commissioner and the Election
Commissioners shall not be removed from their offices, except in the manner and on the like ground as a judge of the Pradhan Nyayalaya and their conditions of service shall not be varied to their disadvantage after their appointments.
70. General electoral roll: There shall be one general electoral roll for every territorial constituency for these elections, and no person shall be ineligible for inclusion in any such roll for any such constituency on grounds only of religion, race, caste, sex or any of them.
71. Adult suffrage: These elections shall be on the basis of adult suffrage, that is to say, every person who is a citizen of Nepal and who is not less than 21 years of age on such date as may be fixed in that behalf by the King and his council of Ministers and is not otherwise disqualified under the rules to be framed for this purpose on the ground of none residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter.
72. (a) The validity of any law or rule relating to the delimitation of constituencies, made in accordance with this Act, shall not be called in question in any court.
(b) No such election shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by the rules made by the King and his council of Ministers.

Schedule

I. Form of oath of office for a member of the council of ministers
“I , do swear in the name of God
Solemnly affirm
that I will bear true faith and allegiance to His Majesty, the king and the
Interim Government of Nepal Act, as by Law established that I will faithfully
and conscientiously discharge my duties as a Minister for Nepal and that I will
do right to all manner of people in accordance with the Interim Government of
Nepal Act and the other laws without fear or favour, affection or ill-will.”
II. Form of oath of secrecy for a member of the council of Minister
“I , do swear in the name of God
Solemnly affirm
that I will not directly or indirectly communicate or reveal to any person or
persons any matter which shall be brought under my considerate on or shall
become known to me as a minister for Nepal except as may be required for the
due discharge of my duties as such Minister”.
III. From of oath or affirmation to be made by a member of the Advisory
Assembly
“I , having been nominated a member of the Advisory Assembly,
do swear in the name of God
Solemnly affirm
that I will bear true faith and allegiance to His Majesty the king and the interim
Government of Nepal Act as by law established and that I will faithfully
discharge the duty upon which I am about to enter”. Solution

Preamble

Act number 45 of the year 1993
An Act Made To Provide for Motor Vehicle and Transport Management
Preamble: Whereas, it is expedient to make transportation services consolidated, efficient and effective with a view to preventing motor vehicle accidents, enabling the victims of accidents to have compensation, providing for insurance and making transportation facilities available to the public generally in a simple and easily accessible manner;

Be it enacted by the Parliament in the twenty first year of the reign of His Majesty King Birendra Bir Bikram Shah Dev.

Chapter-1 Preliminary

1. Short title and commencement:
(1) This Act may be called the Motor Vehicles and Transport Management Act, 1993. (2) It shall come into force immediately.

2. Definitions: In this Act, unless the subject or the context otherwise requires,-
(a) “motor vehicle” means any mechanically propelled vehicle plying on the road;
(b) “motor vehicle weight” means the total weight of a motor vehicle; Explanation: “total weight” means such gross laden weight of a motor vehicle as mentioned in the motor vehicle registration certificate including the engine, chassis, other parts and equipment of such a motor vehicle.
(c) “heavy motor vehicle” means a motor vehicle referred to in Section 3;

(d) “medium motor vehicle” means a motor vehicle referred to in Section 4;
(e) “light motor vehicle” means a motor vehicle referred to in Section 5;
(f) “public motor vehicle” means a motor vehicle used in the transport service;
(g) “transport service” means the transportation by a public motor vehicle of passengers or goods from one place to another in consideration of fares;
(h) “fares” means sums or charges receivable by a public motor vehicle for the provision of the transport service;

(i) “tourist motor vehicle” means a motor vehicle referred to in Section 7;
(j) “private motor vehicle” means a motor vehicle referred to in Section 8;
(k) “government motor vehicle” means a motor vehicle referred to in Section 9;
(l) “corporation motor vehicle” means a motor vehicle referred to in Section 10;
(m) “motor vehicle with diplomatic facility” means a motor vehicle referred to in Section 11;
(n) “passenger” means a person who travels by a public motor vehicle;
(o) “cargo” means livestock, birds and any non-living things carried by a public motor vehicle, except a human being;
(p) “passenger motor vehicle” means a public motor vehicle providing the transport service to passengers;
(q) “cargo motor vehicle” means a public motor vehicle used in the transportation of goods;
(r) “registration certificate” means the motor vehicle registration certificate issued upon the registration of a motor vehicle pursuant to Section 16;
(s) “driver” means a person who has obtained the motor vehicle driving license;
(t) “driving license” means the motor vehicle driving license issued by the competent authority pursuant to Section 50;
(u) “conductor” means a person who has obtained the conductor’s license pursuant to Section 67 and this term includes other checker and helper who work in the motor vehicle;
(v) “security personnel” means an employee who is responsible for the security of passengers, goods and motor vehicles.

(w) “public place” means a public road, belt, street, river, bridge, path or a place where general public make movement and stay, and this term includes any place specified for the getting on and getting off motor vehicles by passengers or parking motor vehicles;
(x) “parking place” means a place specified for parking motor vehicles;
(y) “bus stop” means a place specified for passengers to get on and get off passenger public motor vehicles for the purpose of making a journey;
(z) “route” means a road specified for plying public motor vehicles;
(aa) “long route” means a route with a distance of two hundred fifty kilometers or more from a point of departure for a journey to that of destination;
(ab) “medium route” means a route with a distance of more than one hundred kilometers but less than two hundred fifty kilometers from a point of departure for a journey to that of destination;
(ac) “short route” means a route with a distance of twenty five to one hundred kilometers from a point of departure for a journey to that of destination;
(ad) “local route” means a route with a distance of less than twenty five kilometers from a point of departure for a journey to that of destination;

(ae) “route permit” means the permit obtained pursuant to Section 77 to ply a motor vehicle on the approved route;
(af) “test certificate” means a certificate issued upon testing the mechanical condition of a public motor vehicle;
(ag) “insurance” means the insurance required to be procured by a motor vehicle owner or manager in relation to the motor vehicles, passengers, goods, drivers, conductors, security personnel, other employees working on the motor vehicles and the third parties, and this term includes a comprehensive insurance policy to be made in that respect;

(ah) “owner of motor vehicle” means a person, firm, company or other corporate body who is specified as the owner of a motor vehicle in the motor vehicle registration certificate;
(ai) “manager” means a person who is responsible for the systematic operation of a public motor vehicle engaged in the registered transportation service;
(aj) “passenger baggage” means the personal belongings of a passenger which are taken by him or her on a journey;
(ak) “traffic signs” means all information, signals or signs given by the police or one driver to another, and this term includes all notices, signals or marking posted or placed or installed, in written or symbolic forms, for the guidance or direction of motor vehicles;
(al) “pollution” means sound and noise pollution emitted from a motor vehicle;
(am) “Department” means the Government of Nepal, Ministry of Labor and Transport Management, Department of Transport Management;
(an) “competent authority” means the chief of the Transport Management Office;

(ao) “management committee” means the transport management committee formed pursuant to Section 154;
(ap) “examination committee” means the examination committee formed pursuant to Section 156;
(aq) “transport inspector” means person appointed pursuant to Section 157;
(ar) “training center” means a motor vehicle training center recognized by the Department pursuant to Section 159;
(as) “area” means such an area specified as to fall under the territorial jurisdiction of the Transport Management Office; and
(at) “prescribed” or “as prescribed” means prescribed or as prescribed by this Act or the Rules framed hereunder or a notified order issued by a notification in the Nepal Gazette.

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