Skip to main content

The Interim Government of Nepal Act

www.lawcommission.gov.np

1 www.lawcommission.gov.np
The Interim Government of Nepal Act
In pursuance of Section 15 of Interim Go vern ment of Nepal, Third
Amendment, Act, 2010, the Interim Go vt. of Nepal Ac t is hereby published for
general information.

Preamble : Whereas, by his proclamation dated February 18, 195 1,
His Majesty the kin g o f Nepal expressed his desire and resolve that his people
should thenceforth be go verned according to the pro visions of a Democratic
Constitution framed by a constituent Assembly, elec ted by them:
And whereas, by the same proclamation His Majesty the kin g o f Nepal
had expressed his desire and resolve that until suc h constitution was framed,
there should be a council of Ministers to aid and a dvice h im in the exercise o f
his functions:
And whereas, by the same proclamation His Majesty the kin g o f Nepal
had constituted and appointed a council of minister s to aid and advise him in
the exercise of his functions:
And whereas, it is necessary that during this interim period the interim
Go vernment should function according to a constitut ion and certain rules and
principles:
Now, therefore, His majesty the kin g of Nepal, on t he advice of his
council of ministers, is accordin gly pleased to ord ain and promulgate the
following act.
Part-I
1. Short title and commencement : (1) This Act shall be called the
Interim Go vern ment of Nepal Act.
(2) It shall come into force immediately.
1
1 29 th Chaitra , 2007

www.lawcommission.gov.np

2 www.lawcommission.gov.np
2. Interpretation : The Nepal laws (interpretation) Act shall apply in the
interpretation of this Act.
Part-II
Directive Principles of State Policy

3. Application of the provisions of this part : (1) The provisions of
this part shall not be enforceable by any court in Nepal; and no Nepal
law, whether enacted before or after the commenceme nt of this act, and
no rule or order made under any such law, shall be deemed to be invalid
by reason only that it is inconsistent with the pro visions of this part.
(2) Subject to the provisions of Sub-section (1), t he principles
laid down in the provisions of this part shall be t reated by the
Go vernment as bein g fundamental in the governance o f the country; and
it shall be the duty of the Go vern ment to apply the said principle in
adapting the existin g Nepal laws as early as possib le, as well as in
framin g laws hereafter.
4. Social order : The Go vernment shall strive to promote the welfar e of
the people by securin g and protecting as effectivel y as it may, a social
order in which justice, social, economic and politi cal shall inform all the
institutions of the national life.
5. Social conditions for citizens : The Go vernment shall, in particular,
direct its policy towards securin g:
(a) That the citizen, men and women equally, hav e the right to an
adequate means of livelihood;
(b) That the ownership and control of the material resources of the
community are so distributed as best to sub serve th e Common
good;

www.lawcommission.gov.np

3 www.lawcommission.gov.np
(c) That the operation of the economic system does not result in the
concentration of wealth and means of production to
Common detriment;
(d) That there is equal pay for equal work for bo th men and women;
(e) That the health and strength of workers, men and women, and the
tender age of children are not abused and that citi zens are not
forced by economic necessity to enter avocation uns uited to there
age or strength;
(f) That childhood and youth are protected against exploitation and
against moral and material abandonment.
6. Village panchayats : the Go vernment shall take steps to organize
village panchayats and endow them with such Powe rs and authority as
may be necessary to enable them to function as unit s of self-
Go vernment.
7. Unemployment, old age, sicknesses etc. : The Government shall,
within the limits o f its economic capacity and Devel opment, make
effective pro vision for securin g the right to work, to education and to
public assistance in cases of unemployment, old age , sickness and
disablement, and in other cases of undeserved want.
8. Condition of work and maternity relief : The Go vernment shall
make provision for securin g just and humane conditi ons of work and for
maternity relief.
9. Living wage, decent standard of life, etc : The Go vern ment shall
Endeavour to secure, by suitable legislation or eco nomic organization or
in any other way, to all workers, agricultural, ind ustrial or otherwise,
work, a livin g wage conditions of work ensurin g a d ecent standard of
life and full enjoyment of leisure and social and c ultural opportunities,
and, in particular, the go vern ment shall endeavour to promote cottage
industries on any individual or co- operative basis in rural areas.

www.lawcommission.gov.np

4 www.lawcommission.gov.np
10. Civil code : The Go vernment shall Endeavour to secure for the citizen a
uniform civil code throughout Nepal.
11. Weaker sections : The Go vern ment shall promote with special care th e
education and economic interests of the weaker sect ions of the people,
and shall protect them fro m social injustice and al l forms o f
exploitation.
12. Protection of monuments : It shall be the obligation of the
Go vernment to protect every monument or place or ob ject of artistic or
historic interest fro m spoliation, disfigurement, d estruction, removal,
disposal or export, as the case may be.
13. International relations :- The Go vern ment shall endeavour to:
(a) Promote international peace and security;
(b) Maintain just and honorable relations between n ations;
(c) Foster respect for international law and treaty obligations in the
dealings o f organized peoples with one another, and
(d) Encourage settlement of international dispute b y arbitration.
14. Equality before law : The Go vernment shall not deny to any person
equality before the law or the equal protection of the laws within the
territory of Nepal.
15. Discrimination on grounds of religion, race, cast, sex, etc. : (1)
The Go vernment shall not discriminate against any c itizen on grounds
only of religion, race, cast, sex, and place of bir th or any of them.
(2) Nothing in this section shall prevent the Gover n ment fro m
makin g any special provision for wo men and children .
16. Equality of opportunity : (1) There shall be equality of opportunity
for all citizens in matters relating to employment or appointment to any
office under the Govern ment.

www.lawcommission.gov.np

5 www.lawcommission.gov.np
(2) Nothing in this section shall prevent the Govern ment fro m
makin g an y provision for the reservation of appoint ments or posts in
favour of any backward class o f citizen s, which, in the opinion of the
Go vernment, is not adequately represented in the se rvice under the
Go vernment.
(3) Nothing in this section shall effect the opera tion of any law
which provides that the incumbent of an office in c onnection with the
affairs o f any religious or denominational institut ion or any member of
the Governin g body there of shall be a person profe ssin g a particular
religion or belongin g to a particular denomination.
17. Fundamental principles of law : Fundamental principles of law:-
(1) No tax shall be levied or collected except unde r the authority
of law.
(2) Subject to the laws for the time bein g in for ce, all citizens
shall have the right.
(a) To freedom of speech and expression;
(b) To assemble peaceably and without arms;
(c) To form associations and unions;
(d) To mo ve freely throughout the territory of Nepa l;
(e) To reside and settle in any part of Nepal;
(f) To acquire, hold, and dispose of property;
(g) To practice any profession or to carry on any
occupation, trade, or business.
18.
Rule of law : the Go vernment shall ensure that:-
(1) No person is convicted of any o ffence except fo r violation of
law in force at the time of the commission of the ac t charged as an
offence, nor is subjected to a penalty greater than that which might have

www.lawcommission.gov.np

6 www.lawcommission.gov.np
been inflected under the law in force the time o f the commission of the
offence.
(2) No person is prosecuted and punished for the sa me offence
more than once.
(3) No person accused of any o ffence is co mpelled t o be a
witness against himself.
19. Personal liberty : No person shall be deprived of his life or person al
liberty except according to procedure established b y law or rules made
by Government for the public goods, or for the main tenance of public
order or the security of the state.
20. Traffic in human beings, beggary :- (1) Traffic in human bein gs and
beggars and other similar forms of forced labour sh all be prohibited and
any contravention of this pro vision shall be an off ence punishable in
accordance with law.
(2) Nothing in this section shall prevent the Gove rn ment fro m
imposin g compulsory service o f public purpose, and in imposin g such
service the Govern ment shall not make any discrimina tion on grounds
only of religion, race, cast or class or any of the m.
21. Children : No child bellow the age of fourteen years shall b e employed
to work in any factory or mine or en gaged in any ot her hazardous
employment.
Part-III
Chapter -1
The Executive

22. Executive power exercisable by king, minister a nd others : (1)
The executive power o f the state vestin g in the kin g shall be exercisable

www.lawcommission.gov.np

7 www.lawcommission.gov.np
by him either directly or through min isters or other officers subordinate
to him;
Provided that, nothing in this section shall be con strued as
affectin g the val idity and operation of any Nepal l aw conferrin g powers
and functions upon authorities subordinate to the k in g.
(2) Without prejudice to the generality of the fore go in g
provision, the supreme command of the defense forces o f 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 remi ssions o f
punishment, or to suspend, remit or commute the sen tence of any person
convicted of any offence by any court in Nepal or b y a court martial.
(2)Nothing in Sub-section (1) shall affect the powe r conferred by
law on any officer of the Armed forces o f Nepal to suspend, remit or
commute a sentence passed by a court martial.
Council of ministers
2 4 . Co unc il of mi ni ste rs : (1 ) Th e re sh al l b e a co u n cil o f min i st er s
w it h t h e p ri me min i st er at t h e h ead , t o aid an d ad vi se t h e k in g in
t h e exer c is e o f h i s fu n ct io n s.
(2) The question any, and, if so, what, advice was tendered by
ministers to the king, shall not be enquired into an y court.
2 5 . App oi ntm ent an d tenu re of mi ni ste rs : (1 ) t h e p r i me min ist e r
sh al l b e ap p o in t ed b y t h e kin g an d t h e o t h er min i st e r s sh al l b e
ap p o in t ed b y t h e k in g, o n t h e ad vic e o f t h e p ri me m in ist er.
(2 ) The ministers shall hold office durin g the pleas ure of the
kin g.
(3)The Council of Ministers shall be collectively r esponsible for
the advice tendered to the king.

www.lawcommission.gov.np

8 www.lawcommission.gov.np
2 6 . E xecut i ve act io n t o be ex p res se d t o be t a ken in the n a me
of Go ve rn ment : (1 ) al l e xe cu t i ve a ct io n o f t h e Go vern men t o f
Nep al sh al l b e e xp re s sed t o b e t aken in t h e n a me o f Go vern men t .
(2 ) Ord er s an d o t h er in st ru men t s mad e an d execu t ed i n t h e
n ame o f t h e Go vern men t sh al l b e au t h en t icat ed in su ch man n er
as ma y b e sp e ci fi ed in ru l e s t o b e mad e b y t h e Go ve rn men t , an d
t h e val id it y o f an o rd er o r in st ru men t , wh i ch i s so au t h en t i cat ed ,
sh al l n o t b e cal l ed in q u est io n o n t h e gro u n d t h at it is n o t an
o rd er o r in st ru men t mad e o r e xecu t ed b y t h e Go vern me n t .
(3 ) Ru l es ma k in g p o wer
: Th e Go ve rn men t sh al l mak e ru l e s
an d in st ru ct io n s fo r t h e mo r e co n ven t t ran sact io n o f t h e b u s in e s s
o f t h e Go vern men t o f Nep al , an d fo r t h e al l o cat io n a mo n g t h e
min ist er s o f t h e s aid b u sin e s s.
2 7 . Dut y of p ri me mi ni ste r : It sh al l b e t h e d u t y o f t h e p ri me
min ist er-
(a) To co mmu n ic at e t o t h e k in g al l d ec i s io n o f t h e c o u n c il o f
min ist er s rel at in g t o t h e ad min i st rat io n o f t h e aff a ir s o f
Nep al ;
(b ) To fu rn i sh su ch in fo r mat io n rel at in g t o t h e ad m in i st r at io n
o f t h e a ffai rs o f N ep al a s t h e k in g ma y c al l fo r : an d
(c) If t h e k in g so req u i re s, t o su b mit fo r t h e co n s id e rat io n o f
t h e co u n cil o f min i st er s an y mat t er o n wh ich a d ec is io n
h as b e en t a ken b y a min i st er b u t wh ich h a s n o t b een
co n sid ered b y t h e co u n cil .
Proce d ure i n f in anc i al matter s
28. Annual financial statement (budget ):-The Go vernment shall, in
respect of every financial year, cause to be prepar ed a statement of the
estimated receipts and expenditure of the Go vernmen t of Nepal for that

www.lawcommission.gov.np

9 www.lawcommission.gov.np
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 Assembl y and the Assembly
shall have power to discuss and vote upon any deman d or grant or
exceptional grant.
Provided that, nothing in this section shall be dee med to entitle
the Advisory Assembly to consider the demand for Hi s Majesty the
kin g’s Privy Purse or matters connected therewith.
Provided further that, the provisions of sections 5 6, 57, 58 shall
be applicable to all considerations under this sect ion.
Chapter-2
Legislative power

3 0 . Leg i sl ati ve p o we r of t he ki ng : For the avoidance of doubt, it is
hereby declared and affirmed that, notwithstanding anything contained
in any Nepal law or in any jud gment of any court, t he kin g has and
continues to have so vereign and plenary powers to m ake laws for the
peace, order, and good Government of Nepal.
3 1 . Leg i sl ati o n init iat ed b y the c ou nci l of mi ni ste rs : (1) In
enacting laws for the peace, order and good Go vernm ent of Nepal, the
kin g may act on the advice o f the council of minister s, 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 kin g may assent to a Bill submitted to him under Sub-
section (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 the reof, and, in

www.lawcommission.gov.np

10 www.lawcommission.gov.np
particular, consider the desirability o f introducing any such amend ment
as he may recommend, and the council of ministers sh all reconsider the
Bill accordingly.
(4) If the kin g assents to any Bill so submitted, t he Bill shall
become law and have effect accordingly.
(5) This section shall have effect subject to the p rovisions of
chapter IV.
Provided that, it shall be lawful for the council o f ministers to
submit, for the consideration of the kin g, a Bill w hich has not been
considered and approved of by the advisory Assembly –
(i) If no Ad visory 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 min isters 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.
Ch apter-4
T he Advisor y Asse mbl y Ge ner al

3 3 . Con stit uti on : (1) There shall be constituted an Advisory Assem bly for
Nepal consistin g of so many members as His Majesty the kin g may
determine, who will be selected by His Majesty the kin g from qualified

www.lawcommission.gov.np

11 www.lawcommission.gov.np
citizens of Nepal, and, of all the members o f the council of Ministers,
Ministers o f state and Deputy Ministers as its ex- officio members.
(2) The Ad visory Assembly shall cease to exist on t he formation
of a constituent Assembly.
34. Selection of members :- The non-official members shall be selected,
as for as possible, as representatives o f various a reas, 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 descri bed in the next
Section.
36. Disqualifications : (1) A person shall be deemed to be disqualified f or
selection as a member of the Ad visory Assembly, if he-
(a) holds any office of profit under the Nepal Go vernment,
(b) is con victed or found guilty of any o ffence in volvin g 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 o f profit under the Govern ment of Ne pal by reason only
that he is a member o f the council of Ministers o f Nepal or is a Minister
of state or a Deputy Minister.
(2)No one shall be deemed to be a member o f the Ad v isory
assembly till he has taken the oath of office.

www.lawcommission.gov.np

12 www.lawcommission.gov.np
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 –wr itin g
to the Speaker of the Advisory- Assembly;
(b) he becomes subject to a disqualification mentio ned
in Sec. 36.
(c) he absents himsel f fro m all the sittings of the
Assembly for a period of Twenty Five days without
the permission of the Assembly.
In co mputing this period of Twenty Five days, no ac count shall
be taken of any period during which the Assembly wa s prorogued or his
adjourned for more than four consecutive days.
(2) If any question arises as to whether a member o f the
Assembly has become subject to any of the disqualif ication mention in
Sec. 36. The question shall be referred for the dec ision of His Majesty
the King and his decision shall be final.
38. Salary and allowances of member : The salary and allowances of
the members o f the Assembly shall be as fixed by th e 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 know s 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 v otes, to a penalty of
Moru 100 to be recovered fro m him as a debt due to Gove rnment.
40. The right of filling any vacancy in the Assembly sh all vest in His
Majesty the Kin g.
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 Kin g, the

www.lawcommission.gov.np

13 www.lawcommission.gov.np
Ad visory Assembly shall at its first meetin g 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 De puty speaker as the
case may be. The election of the speaker and the Dep uty Speaker shall
be made by a majorit y vote and the ex-officio membe rs shall not be
entitled to seek election to these posts.
42. Vacation of office of Speaker and Deputy Speake r : The Speaker
or Deputy Speaker of the Assembly-
(a) shall vacate his office if he ceases to be a me mber of the
Assembly;
(b) may at any time, by writin g under his hand addr essed to His
Majesty the kin g, resign his o ffice; and.
(c) may be remo ved from his o ffice by a resolution of the Assembly
passed by Two-Third majority vote.
4 3 . Ab senc e of S pe a ke r o r Dep ut y Sp ea ke r : (1) while the office o f
Speaker is vacant, the duties of the office shall b e 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 sittin g o f the Assembly, the deputy Speak er shall in the
absence of the Speaker act for the Speaker and if t he Deputy speaker is
also absent then a person selected by the assembly accordin g 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 actin g for the Speaker,
shall have no right to vote in the first instance b ut may exercise a
castin g vote in the case of equality of votes.

www.lawcommission.gov.np

14 www.lawcommission.gov.np
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, the n the speaker and
when a resolution o remove the Deputy Speaker is un der consideration
then the Deputy Speaker, shall not attend the meeti ng of the Assembly.
46. Salary and allowances of Speaker, Deputy Speake r : The salaries
and allowances of Speaker and the Deputy Speaker sh all be as fixed by
the king.
S u mmon i ng of t he Asse mbl y an d i ts sess ion
47. Summoning of the Assembly : (1)the Advisory Assembly shall be
summoned at least twice in every year , and six mon ths shall not
intervene between its last sittin g in one session a nd the date appointed
for its first sittin g in the next session.
(2) Subject to the provision of Sub-section (1) abo ve, His Majesty
the King may fro m time to time-
(a) Summon the Advisory Assemble to meet at such tim e 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 k ing shall address it
and inform it of the causes of its su mmons.
49. King’s message to Assembly : (1) His Majesty the kin g may address
the advisory Assembly and for that purpose require the attendance of
members;
(2) His majesty the kin g may send messages to the A d visory
Assembly, whether with respect to a matter pending before the
Assembly or otherwise, and the Advisory Assembly sh all by all

www.lawcommission.gov.np

15 www.lawcommission.gov.np
convenient dispatch consider any matter required by the message to be
taken into consideration.
Conduct of Business
50. Oaths of members : E very member of the Advisory Assembly shall,
before takin g his seat, make and subscribe before H is Majesty the kin g
or some person appointed in that behalf by him, an oath or affirmation
according to the form set out for the purpose in th e first schedule.
51. Decision by majority vote : (1) Save as otherwise provided in this
act, all questions at any sitting of the Assembly s hall 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 o r it bein g
disco vered subsequently that some person who was no t entitled so to do,
sat or voted or took part in the proceedings.
(3) Quorum
: The quorum to constitute a meetin g of the
Assembly shall be 25 members.
(4) If at any time during a meetin g o f 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 mee ting 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 regulatin g the proced ure of the Assembly,
there shall be freedom of speech in the Assembly.
(2) No member of the Assembly shall be liable to an y
proceedings in any court in respect of an ything sai d or any vote given
by him in the Assembly or any committee thereof, and no person shall

www.lawcommission.gov.np

16 www.lawcommission.gov.np
be so liable in respect o f the publication by or under the authority of the
Assembly of any report, paper, votes, or proceeding s.
Powers of the Advisory Assembly
53. Discussions Exceptions : The Ad versary Assembly may discuss any
matter connected with the legislative and executive functions of the
Go vernment, save.
(a) any question or matter the discussion of which might affect the
friendly relations of the Govern ment of Nepal with any foreign
power;
(b) any question regardin g the person or personal c onduct of His
majesty the kin g 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 expressin g cen sure of or want of con fidence 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 advis ory Assembly before
obtaining the approval of His Majest y the king.
55. Questions : Any member of the Assembly may put questions rega rdin g
any matters connected with the legislative or execu tive functions of the
Go vernment 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 accordanc e with the rules of
procedure of the Assembly, mo ve a bill or a resolut ion for the
consideration of the Assembly.
57. King’s refusal to assent : His Majest y the Kin g may, in his discretion,
refuse to give his assent to any bill or resolution passed by the

www.lawcommission.gov.np

17 www.lawcommission.gov.np
Assembly or may return it to the Assembly for such changes or
amendments as he may deem fit.
58. Certification by King : If any Go vern ment bill or resolution is rejected
by the Assembly or if the Assembly does not accept the changes or
amendments su ggested by His Majesty the Kin g and if His Majesty the
kin g consider that bill or their changes or amendme nts to be in public
interest, he may certify the said Bill or their cha nges or amend ments to
have been passed by the Assembly.
59. Rule making : His majesty the Kin g may make Rules for regulatin g,
subject to the provisions of this act, the procedur e 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 Gove rn ment.
(2) The salary and other conditions of service of t he comptroller
and Auditor General will be the same as those of th e jud ge o f the
Pradhan Nyayalaya .
61. Forms of accounts : The accounts of Nepal Go vern ment shall be kept
in such form as the comptroller and the Auditor Gen eral of Nepal may,
with approval of the king, prescribe.
62. Reports : The reports of the comptroller and Auditor Genera l of Nepal
relating to the accounts of the Nepal Government sh all be submitted to
the King.

www.lawcommission.gov.np

18 www.lawcommission.gov.np
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 Nep al according to
law.
Part -V
64. Public Service Commission : There shall be a public Service
Commission for Nepal consistin g o f a chairman and so many other
members as the King may prescribe.
65. Appointment : The chairman and other members of the public Servi ce
Commission shall be appointed by the Govern ment.
66. Salary, conditions of services : The salary and other conditions of
service o f the chairman and members o f the public S ervice 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 Co mmission to
conduct examinations for appointment to all service o f Nepal
Go vernment.
(2) The Public Service Commission shall be consulted-
(a) on all matters relating to methods of recruitme nt to
Civil Service and for civil posts;
(b) on the principles to be fallowed in markin g appointments to civil services and posts and in
makin g promotions and transfers fro m one service
to another and on the suitability of candidates for
such appointments, promotion or transfers;

www.lawcommission.gov.np

19 www.lawcommission.gov.np
(c) on all disciplinary matters affectin g a person servin g 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 th e
Kin g may refer to it,
Provided that, the King may make regulations specif yin g the
matters in which either generally or in any particu lar class o f cases or in
any particular circumstances, it shall not be neces sary for a Public
Service co mmission to be consulted.
Part-VI
Elections

68. Early elections : The aim o f the Interim Go vern ment shall be to cre ate
conditions, as early as possible, for holding elect ions 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 con duct of, these elections,
including the appointment of election tribunals for the decision of
doubts and disputes arisin g 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 Chi ef Election
Commissioner and such number of other Election Commis sioners, if
any, as the King, under the advice of his Ministers , may fro m time to
time fix, and the appointment of the chief Election Commissioner and
other Election Commissioners shall be made by the ki n g, under the
advice of his ministers.

www.lawcommission.gov.np

20 www.lawcommission.gov.np
(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 fro m their office s, 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 s uch constituency on
grounds only of religion, race, caste, sex or any o f them.
71. Adult suffrage : These elections shall be on the basis of adult suffrage,
that is to say, every person who is a citizen o f Ne pal and who is not less
than 21 years o f age on such date as may be fixed i n that behalf by the
Kin g and his council of Ministers and is not otherw ise disqualified
under the rules to be framed for this purpose on th e 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 an y law or rule relating to t he delimitation of
constituencies, made in accordance with this Act, s hall not be
called in question in any court.
(b) No such election shall be called in question e xcept by an election
petition presented to such authority and in such ma nner as may
be provided for by the rules made by the King and h is council of
Ministers.
Part-VII
73. The Go vernment of Nepal Act, 2004 Sambat (1949AD) is, hereby,
repealed.

www.lawcommission.gov.np

21 www.lawcommission.gov.np
Schedule
I. Form of oath of office for a member of the counc il of ministers

“I ,
do swear in the name of God
Solemnly affirm
that I will bear true faith and allegiance to His M ajesty, the king and the
Interim Go vern ment of Nepal Act, as by Law establis hed that I will faithfully
and conscientiously discharge my duties as a Ministe r for Nepal and that I will
do right to all manner of people in accordance with the Interim Go vern ment 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 co uncil 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 me mber of the Advisory
Assembly
“I ,
havin g been nominated a member of the Advisory A ssembly,
do swear in the name of God

Solemnly affirm
that I will bear true faith and allegiance to His M ajesty the kin g and the interim
Go vernment of Nepal Act as by law established and t hat I will faithfully
discharge the duty upon which I am about to enter”. Solution

-->