Federal Legislative Procedures

109. Legislative powers of Federal Parliament: The legislative powers of the Federal

Parliament shall be as enumerated in the lists of Schedule-5, Schedule-7 and

Schedule-9.

110. Procedures for introduction of Bills: (1) A Bill may, subject to this Constitution,

be introduced in any House of the Federal Parliament.

Provided that a Money Bill shall be introduced only in the House of

Representatives.

(2) A Money Bill and a Bill concerning a security body including the

Nepal Army, Nepal Police and Armed Police Force, Nepal shall be introduced only

as a Government Bill.

(3) "Money Bill" means a Bill concerning any or all of the following

subjects:

(a) the imposition, collection, abolition, remission, alteration or

regulation of taxes,

(b) the preservation of the Federal Consolidated Fund or any

other Federal Government Fund, the deposit of moneys into

and the appropriation or the withdrawal of moneys from such

Funds, or the reduction, increment or cancellation of

appropriations or of proposed expenditures from such Funds,

(c) the regulation of matters relating to the borrowing of money

or the giving of guarantee by the Government of Nepal, or

any matter pertaining to the amendment of the law with

respect to any financial obligations undertaken or to be

undertaken by the Government of Nepal,

(d) the custody and investment of all revenues received by any

Federal Government Fund, moneys acquired through the

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repayment of loans, and grant moneys, or accounts or audits

of the accounts of the Government of Nepal, or

(e) Other matters directly related to any of the subjects specified

in clause (a), (b), (c)or (d).

Provided that any Bill shall not be deemed to be a Money Bill by the

reason only that it provides for the levying of any charges and fees such as

license fee, application fee, renewal fee or for the imposition of fines or

penalty of imprisonment.

(4) If any question arises whether a Bill is a Money Bill or not, the

decision of the Speaker thereon shall be final.

111. Procedures for passage of Bills: (1) A Bill passed by one House of the Federal

Parliament shall be transmitted to the other House as soon as possible and such

Bill, if passed by the receiving House, shall be presented to the President for

assent.

(2) A Money Bill passed by the House of Representatives shall be

transmitted to the National Assembly. The National Assembly shall, after

deliberations on such Bill, send back the Bill to the House of Representatives

within fifteen days from the date of receipt of the Bill, with suggestions, if any.

(3) The House of Representatives shall, upon deliberations on a Bill

returned with suggestions under clause (2), present the Bill incorporating such

suggestions as it may deem appropriate to the President for assent.

(4) If the National Assembly does not return a Money Bill received

under clause (2) for more than fifteen days, the House of Representatives may

present the Bill to the President for assent.

(5) Any Bill, except for a Money Bill, passed by the House of

Representatives and transmitted to the National Assembly shall be returned with

approval or suggestions within two months from the date of receipt. If the National

Assembly does not return the Bill within that period, the House of Representatives

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may, by a resolution passed by a majority of the total number of its existing

members, present the Bill to the President for assent.

(6) If any Bill, other than a Money Bill, passed by one House is rejected

or is passed with amendments by the other House, the Bill shall be returned to the

House where it originated.

(7) If the House of Representatives, in considering a Bill which has been

rejected or amended and returned by the National Assembly under clause (6),

passes it again as it was or with amendments, by a majority of the total number of

its existing members, the Bill shall be presented to the President for assent.

(8) If a Bill which has been returned with amendments by the House of

Representatives to the National Assembly under clause (6) is also again passed,

with such amendments, by a majority of the number of existing members ofthe

National Assembly, the Bill shall be presented to the President for assent.

(9) The following Bills shall be referred to a joint sitting of the both

Houses, and if the joint sitting passes the Bill as it was or with amendments, the

House in which the Bill originated shall present it to the President for assent:

(a) Bills which, though passed by the National Assembly, have

been rejected by the House of Representatives, or

(b) Bills which have been returned to the National Assembly with

amendments by the House of Representatives, but the

National Assembly has not agreed on such amendments.

(10) Even though the session of a House is prorogued while a Bill is

under its consideration, deliberations on the Bill may continue at the succeeding

session.

Provided that if the House of Representatives is dissolved or its term

expires when any Bill introduced in the House of Representatives is under its

consideration or when any Bill passed by the House of Representatives is under

consideration in the National Assembly, such Bill shall lapse.

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112. Withdrawal of Bills: One who has introduced a Bill may, with the approval of the

House, withdraw the Bill.

113. Assent on Bills: (1) A Bill which is to be submitted to the President for assent

under Article 111 shall be so submitted by the Speaker or the Chairperson of the

House in which the Bill originated after it has been certified by him or her.

Provided that in the case of a Money Bill, the Speaker shall so certify.

(2) A Bill submitted to the President for his or her assent in accordance

with this Article shall be assented to within fifteen days, both Houses shall be

informed thereof as soon as possible.

(3) If the President is of the opinion that any Bill, except a Money Bill,

submitted for assent needs reconsideration, he or she may, within fifty days from

the date of presentation of such Bill, return the Bill with his or her message to the

House in which the Bill originated.

(4) If any Bill is returned with a message by the President, and both

Houses reconsider, passes such Bill as it was or with amendments and submit it

again, the President shall give assent to that Bill within fifteen days of such

submission.

(5) A Bill shall become an Act after the President gives assent to it.

114. Provisions relating to Ordinance: (1) If, at any time, except when both Houses

of the Federal Parliament are in session, circumstances exist which render it

necessary to take immediate action, the President may, on recommendation of the

Council of Ministers, promulgate an Ordinance.

(2) An Ordinance promulgated under clause (1) shall have the same

force and effect as an Act.

Provided that every such Ordinance:

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(a) shall be tabled at the session of both Houses of the Federal

Parliament held after the promulgation, and if not passed by

both Houses, it shall ipso facto cease to be effective,

(b) may be repealed at any time by the President, and

(c) shall, unless rendered ineffective or repealed under sub-clause

(a) or (b), ipso facto cease to be effective at the expiration of

sixty days after the day on which a meeting of both Houses is

held.

Explanation: For the purposes of this clause, "day on which a meeting of

both Houses is held" means the day on which a session or meeting of both

Houses of the Federal Parliament commences or is held, and this term

means the later day on which a meeting of the House is held if the Houses

of the Federal Parliament meet on different dates.