chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Constitution of Nepal

An order so issued shall have the force of law as long as the state of emergency continues.

(10) While issuing a declaration or order of a state of emergency under sub-section (1), fundamental rights provided in Part-3 may be suspended for the period such declaration or order remains in force. Provided that the right to constitutional remedy and the right to obtain habeas corpus under Articles 16, clauses (g) and (gh) of sub-section (2) of Article 17, Article 18, sub-section (2) of Article 19, Articles 20, 21, 22, 24, sub-section (1) of Article 26, 29, 30, 31, 32, 35, sub-sections (1) and (2) of Article 36, 38, 39, sub-sections (2) and (3) of Article 40, 41, 42, 43, 45 and Article 46 shall not be suspended.

(11) If any Article of this Constitution is suspended pursuant to sub-section (10), no petition may be filed in any court or question raised therein for the enforcement of the fundamental right conferred by that Article.

(12) If during the period a declaration or order under this Article is in force, any person suffers any type of loss due to a mala fide act of any official, the aggrieved person may claim compensation for the loss suffered by him/her within three months from the date of termination of such declaration or order. Upon such claim, the court may, in accordance with federal law, award compensation and punish the perpetrator.

(13) The President may withdraw a declaration or order under this Article at any time. Part-31

Amendment of the Constitution

274. Amendment of the Constitution: (1) This Constitution shall not be amended in a manner contrary to the sovereignty, territorial integrity, autonomy and sovereignty vested in the people of Nepal.

(2) Subject to sub-section (1) and other Articles of this Constitution, a bill to amend or repeal any Article of this Constitution may be introduced in either House of the Federal Parliament. Provided that sub-section (1) shall not be amended.

(3) A bill introduced pursuant to sub-section (2) shall be publicly published for the information of the general public within thirty days of its presentation in the concerned House.

(4) If a bill introduced pursuant to sub-section (2) relates to the alteration of the boundary of any Province or a matter mentioned in Schedule-6, the Speaker or Chairperson of the concerned House shall send such bill to the Provincial Assembly for consent within thirty days of its presentation in the Federal Parliament.

(5) A bill sent pursuant to sub-section (4) shall be approved or rejected by a majority of the total number of members then existing of the concerned Provincial Assembly within three months, and information thereof shall be sent to the Federal Parliament.
Constitution of Nepal

Provided that if any Provincial Assembly is not in existence at that time, it shall be approved or rejected and sent within three months from the date of the first meeting of such Provincial Assembly after its formation.

(6) If information of approval or rejection is not given within the period under sub-section (5), it shall not bar the House of the Federal Parliament where the bill originated from proceeding with the bill.

(7) If a majority of Provincial Assemblies give notice of rejection of such bill to the concerned House of the Federal Parliament within the period under sub-section (5), the bill shall become ineffective.

(8) A bill that does not require the consent of Provincial Assemblies, or that has been approved by a majority of Provincial Assemblies pursuant to sub-section (5), shall be passed by at least a two-thirds majority of the total number of members then existing of both Houses of the Federal Parliament.

(9) A bill passed pursuant to sub-section (8) shall be presented to the President for certification.

(10) The President shall certify the bill presented pursuant to sub-section (9) within fifteen days of its receipt, and the Constitution shall be amended from the date of certification. Part-32

Miscellaneous

275. Provisions relating to referendum: (1) If the Federal Parliament decides by a majority of two-thirds of the total number of members then existing that it is necessary to decide any matter of national importance by referendum, a decision may be taken on such matter by referendum.

(2) The referendum and other related provisions shall be as determined by federal law. 276. Pardon: The President may, in accordance with law, grant pardon, stay, commutation or remission of any sentence imposed by any court, judicial or quasi-judicial body or administrative authority or body. 277. Titles, honours and decorations: (1) The President shall confer titles, honours and decorations to be awarded on behalf of the state.

(2) No citizen of Nepal shall accept any title, honour or decoration conferred by any foreign government without the approval of the Government of Nepal. 278. Power to conclude treaties: (1) The power to conclude treaties or agreements shall vest in the Federation.

(2) When concluding a treaty or agreement on a matter falling within the list of powers of the Province, the Government of Nepal shall consult the concerned Province.

(3) The Provincial Council of Ministers may, with the consent of the Government of Nepal, enter into contractual agreements on economic and industrial matters. 279.
Constitution of Nepal

279. Ratification, accession, acceptance or approval of treaties or agreements: (1) The ratification, accession, acceptance or approval of treaties or agreements to which the State of Nepal or the Government of Nepal is a party shall be in accordance with federal law.

(2) When making a law pursuant to sub-section (1), it shall include a condition that the ratification, accession, acceptance or approval of treaties or agreements on the following matters must be by a two-thirds majority of the total number of members then existing of both Houses of the Federal Parliament:

(a) Peace and friendship,
(b) Security and strategic alliance,
(c) The boundary of the State of Nepal, and
(d) Natural resources and the sharing of their utilization. Provided that the ratification, accession, acceptance or approval of treaties or agreements of a general nature among those mentioned in clauses (a) and (d) that do not have a wide, serious or long-term impact on the nation may be by a simple majority of the members present in a meeting of the House of Representatives.

(3) No treaty or agreement concluded after the commencement of this Constitution shall be applicable to the Government of Nepal or Nepal unless it is ratified, acceded to, accepted or approved in accordance with this Article.

(4) Notwithstanding anything contained in sub-sections (1) and (2), no treaty or agreement shall be concluded that adversely affects the territorial integrity of Nepal. 280. Special provision relating to the performance of the President's functions: If both the offices of the President and the Vice-President fall vacant under this Constitution, the Speaker of the House of Representatives shall perform the functions to be performed by the President under this Constitution until the election of the President or Vice-President is held and they assume office. 281. Review and revision of special rights: The Government of Nepal shall, on the basis of the human development index, review and revise the implementation and impact of the provision of special rights for women and the Dalit community in conjunction with the national census held every ten years. 282. Ambassadors and special representatives: (1) The President may appoint Nepalese Ambassadors and special representatives for specific purposes on the basis of the principle of inclusion.

(2) The President shall receive Letters of Credence from foreign Ambassadors and diplomatic representatives. 283. Appointments to be made on inclusive principle: Appointments to the offices of constitutional organs and bodies shall be made on the inclusive principle. 284.
Constitution of Nepal

283. Appointments to be made on inclusive principle: Appointments to the offices of constitutional organs and bodies shall be made on the inclusive principle. 284. Provisions relating to Constitutional Council: (1) There shall be a Constitutional Council consisting of the following Chairperson and members to recommend the appointment of the Chief Justice and the heads and office bearers of constitutional bodies under this Constitution:

(a) Prime Minister – Chairperson
(b) Chief Justice – Member
(c) Speaker of the House of Representatives – Member
(d) Chairperson of the National Assembly – Member
(e) Leader of the Opposition Party in the House of Representatives – Member
(f) Deputy Speaker of the House of Representatives – Member

(2) When recommending the appointment of the Chief Justice in the event of a vacancy in the office of the Chief Justice, the Minister of Law and Justice of the Government of Nepal shall be a member of the Constitutional Council.

(3) The Constitutional Council shall recommend for appointment under this Constitution at least one month before the office of the Chief Justice or any head or office bearer of a constitutional body falls vacant. Provided that in the event of such office falling vacant due to death or resignation, it may recommend for appointment so as to fill the vacancy within one month from the date of vacancy.

(4) Other functions, duties and powers of the Constitutional Council and the procedure relating to the appointment of the Chief Justice or heads or office bearers of constitutional bodies shall be as determined by federal law.

(5) The Chief Secretary of the Government of Nepal shall act as the Secretary of the Constitutional Council. 285. Formation of government services: (1) The Government of Nepal may, to carry out the administration of the country, form the Federal Civil Service and other federal government services as required. The formation, operation and terms of service of such services shall be as determined by federal law.

(2) Filling of vacancies by competitive examination in all federal government services including the Federal Civil Service shall be on the basis of open and proportional inclusive principle in accordance with federal law.

(3) The Provincial Council of Ministers, Village Executive and Municipal Executive may, as required to carry out their administration, form and operate various government services in accordance with law. 286.
Constitution of Nepal

286. Election Constituency Delimitation Commission: (1) For the purpose of delimiting election constituencies for elections to the members of the Federal Parliament and members of the Provincial Assembly under this Constitution, the Government of Nepal may form an Election Constituency Delimitation Commission consisting of the following Chairperson and members:

(a) A retired judge of the Supreme Court – Chairperson
(b) One geographer – Member
(c) One sociologist or anthropologist – Member
(d) One public administration expert or legal expert – Member
(e) An officer of the Special Class of the Government of Nepal – Member Secretary

(2) The procedure of the Election Constituency Delimitation Commission shall be as specified at the time of formation of such Commission.

(3) A person having the following qualifications shall be qualified for appointment to the office of Chairperson or member of the Election Constituency Delimitation Commission:

(a) Having obtained at least a bachelor's degree in the relevant subject from a recognized university,
(b) Having completed the age of forty-five years, and
(c) Having high moral character.

(4) The office of Chairperson or member of the Election Constituency Delimitation Commission shall fall vacant in any of the following circumstances:

(a) If he/she submits a written resignation,
(b) If he/she is removed by the Government of Nepal, Council of Ministers,
(c) If he/she dies.
Constitution of Nepal

Amended by the First Amendment.(5) The Election Constituency Delimitation Commission shall delimit election constituencies under this Article based on population and geography as a basis of representation, as follows:

(a) Primarily based on population, ensuring that the ratio of population to the number of members is as equal as possible,
(b) While delimiting election constituencies pursuant to clause (a), ensuring that there is at least one election constituency in each district existing at the time of commencement of this Constitution.

(6) While delimiting election constituencies pursuant to sub-section (5), Added by the First Amendment.due consideration shall be given to population and geographical suitability, density of population of that region, geographical specificity, administrative and transport convenience, and community and cultural aspects.

(7) No question shall be raised in any court regarding the delimitation of election constituencies or the revision thereof by the Election Constituency Delimitation Commission.

(8) The Election Constituency Delimitation Commission shall submit a report of its work to the Government of Nepal.

(9) The Government of Nepal, Council of Ministers shall submit the report under sub-section (8) to the Federal Parliament and also send it to the Election Commission for implementation.

(10) The Election Constituency Delimitation Commission shall determine its own procedure.

(11) The remuneration and facilities of the Chairperson and members of the Election Constituency Delimitation Commission shall be equivalent to that of the Chief Election Commissioner and Election Commissioners, respectively.

(12) The election constituencies delimited pursuant to sub-section (5) shall be reviewed every twenty years.

(13) The Government of Nepal shall provide the necessary staff to the Election Constituency Delimitation Commission. 287. Language Commission: (1) Within one year from the date of commencement of this Constitution, the Government of Nepal shall form a Language Commission with representation from the provinces.

(2) The Language Commission shall consist of a Chairperson and such number of members as may be necessary.

(3) The term of office of the Chairperson and members of the Language Commission shall be six years from the date of appointment.
Constitution of Nepal

They shall not be eligible for reappointment.

(4) A person having the following qualifications shall be qualified for appointment to the office of Chairperson or member of the Language Commission:

(a) Having obtained a master's degree in the relevant subject from a recognized university,
(b) Having at least twenty years of work experience in the field of study, teaching, research and exploration of various languages of Nepal,
(c) Having completed the age of forty-five years, and
(d) Having high moral character.

(5) The office of Chairperson or member of the Language Commission shall fall vacant in any of the following circumstances:

(a) If he/she submits a written resignation,
(b) If he/she is removed by the Government of Nepal, Council of Ministers,
(c) If he/she attains the age of sixty-five years,
(d) If he/she dies.

(6) The functions, duties and powers of the Language Commission shall be as follows:

(a) To determine the criteria to be fulfilled for recognition as an official language and recommend languages to the Government of Nepal,
(b) To recommend measures to be adopted for the protection, promotion and development of languages to the Government of Nepal,
(c) To measure the level of development of mother tongues and submit suggestions to the Government of Nepal regarding the feasibility of their use in education,
(d) To study, research and monitor languages.

(7) The Language Commission shall complete the work under clause (a) of sub-section (6) within five years from the date of formation of the Commission.

(8) The Government of Nepal may, in coordination with the Provincial Government, establish branches of the Language Commission in the provinces.

(9) Other functions, duties and powers and procedures of the Language Commission shall be as determined by federal law. 288. Capital: (1) The capital of Nepal shall be in Kathmandu.

(2) The capital of a Province under this Constitution shall be as decided by a two-thirds majority of the total number of members then existing of the concerned Provincial Assembly.

(3) Until a decision is made under sub-section (2), the work of the Province shall be conducted from such place as specified by the Government of Nepal. 289.
Constitution of Nepal

289. Special provision relating to citizenship of office bearers: (1) To be elected, nominated or appointed to the office of President, Vice-President, Prime Minister, Chief Justice, Speaker of the House of Representatives, Chairperson of the National Assembly, Provincial Head, Chief Minister, Speaker of the Provincial Assembly and Head of Security Agencies, a person must have acquired citizenship of Nepal by descent.

(2) For appointment under this Constitution to an office of a constitutional body other than those mentioned in sub-section (1), a person who has acquired citizenship of Nepal by descent, a person who has acquired naturalized citizenship of Nepal, or a person who has acquired citizenship of Nepal by birth shall also be qualified. Provided that in the case of a person who has acquired naturalized citizenship of Nepal, he/she must have resided in Nepal for at least ten years; in the case of a person who has acquired citizenship of Nepal by birth, and a person who has acquired naturalized citizenship of Nepal pursuant to sub-section (6) of Article 11, he/she must have resided in Nepal for at least five years. 290. Provisions relating to Guthi: (1) The Federal Parliament shall make necessary laws regarding the rights of farmers having occupancy rights over Guthi land and the rights of Guthi, without adversely affecting the fundamental concepts of Guthi.

(2) Other provisions relating to Guthi shall be as determined by federal law. 291. Not qualified for appointment: (1) Notwithstanding anything contained elsewhere in this Constitution, a citizen of Nepal who has obtained a permanent residence permit of a foreign country shall not be qualified to be elected, nominated or appointed to an office that is filled by election, nomination or appointment under this Constitution. Provided that there shall be no bar to electing, nominating or appointing a person who has renounced such permanent residence permit of a foreign country to such office after the expiry of at least three months.

(2) Other provisions relating to a citizen of Nepal who has obtained a permanent residence permit of a foreign country under sub-section (1) shall be as determined by federal law. 292.
Constitution of Nepal

292. Provisions relating to parliamentary hearing: (1) Before appointment to the office of Chief Justice, judges of the Supreme Court, members of the Judicial Council, heads or office bearers of constitutional bodies and ambassadors to be appointed on the recommendation of the Constitutional Council under this Constitution, there shall be a parliamentary hearing in accordance with federal law.

(2) For the purpose of sub-section (1), a joint committee consisting of fifteen members, comprising members of both Houses of the Federal Parliament, shall be formed in accordance with federal law.

(3) A member of the joint committee under sub-section (2) shall not be allowed to appear and plead in the Supreme Court during the term of that Federal Parliament. 293. Monitoring of work of constitutional bodies: The heads and office bearers of constitutional bodies shall remain accountable and answerable to the Federal Parliament. Committees of the House of Representatives may monitor and evaluate the reports and work of constitutional bodies other than the National Human Rights Commission and give necessary directions or advice. 294. Annual report of constitutional bodies: (1) Constitutional bodies under this Constitution shall submit an annual report of their work to the President, and the President shall cause such report to be submitted to the Federal Parliament through the Prime Minister.

(2) Matters to be included in the annual report under sub-section (1) shall be as determined by federal law.

(3) Notwithstanding anything contained in sub-section (1), a constitutional body may prepare separate reports regarding its work in each Province and submit them to the Provincial Head. Part-33

Transitional Provisions

295. Formation of Federal Commission: (1) The Government of Nepal may form a Federal Commission to advise on matters relating to the delimitation of provinces.

(2) The naming of provinces under sub-section (3) of Article 56 shall be done by a two-thirds majority of the total number of members of the concerned Provincial Assembly.

(3) For the purpose of determining the number and boundaries of Village Municipalities, Municipalities and Special, Protected or Autonomous Areas to be formed under sub-sections (4) and (5) of Article 56, the Government of Nepal shall form a commission. Such commission shall determine the number and boundaries of Village Municipalities, Municipalities and Special, Protected or Autonomous Areas in accordance with the criteria set by the Government of Nepal.

(4) The commission under sub-section (3) shall be formed within six months from the date of commencement of this Constitution. The term of such commission shall be one year. 296.
Constitution of Nepal

The term of such commission shall be one year. 296. Constituent Assembly to be converted into Legislature-Parliament: (1) The Constituent Assembly existing at the commencement of this Constitution shall, after the commencement of this Constitution, be automatically converted into a Legislature-Parliament, and the term of such Legislature-Parliament shall remain until the 7th of Magh 2074 (approximately January 21, 2018). Provided that if elections to the House of Representatives under this Constitution are held before the expiry of such term, the Legislature-Parliament shall remain until the day preceding the day of filing of nomination papers for candidates for such election.

(2) Bills pending in the Legislature-Parliament at the time of promulgation of this Constitution shall automatically stand transferred to the Legislature-Parliament under sub-section (1).

(3) The work to be performed by the Federal Parliament under this Constitution shall be performed by the Legislature-Parliament under sub-section (1) until the election of the House of

(8) Other procedures relating to the election of the Speaker and Deputy Speaker and the procedure for presenting and passing a motion that the Speaker or Deputy Speaker has not conducted himself/herself in accordance with the office shall be as per the prevailing Rules of Procedure of the Legislature-Parliament. 300. Provision relating to Judiciary: (1) The Supreme Court, the Constitutional Assembly Court, the Courts of Appeal and the District Courts existing at the time of commencement of this Constitution shall continue to exist until the structure of the judiciary under this Constitution is prepared. This Constitution shall not be deemed to have prevented the adjudication of cases filed in such courts prior to the commencement of this Constitution and cases filed after the commencement of this Constitution by those respective courts.

(2) The Chief Justice or Judges of the Supreme Court, Chief Judges, Judges of the Courts of Appeal and Judges of the District Courts holding office at the time of commencement of this Constitution shall be deemed to have been appointed under this Constitution.

(3) High Courts pursuant to Article 131 shall be established in accordance with federal law within one year from the date of commencement of this Constitution.
Constitution of Nepal

Upon the establishment of such courts, the Courts of Appeal existing at the time of commencement of this Constitution shall be dissolved.

(4) After the establishment of High Courts pursuant to subsection (3), cases pending in the Courts of Appeal shall stand transferred to the High Court designated by the Government of Nepal, in consultation with the Judicial Council, by publishing a notice in the Nepal Gazette.

(5) After the establishment of High Courts pursuant to subsection (3), the Chief Justice, upon the recommendation of the Judicial Council, shall post the Chief Judges and Judges of the Courts of Appeal holding office at the time of commencement of this Constitution as Chief Judges and Judges of the High Courts.

(6) Additional Judges of the Courts of Appeal holding office at the time of commencement of this Constitution may continue in office for the term specified at the time of their appointment.

(7) Cases relating to criminal offenses punishable by imprisonment for more than one year which were pending in bodies other than courts at the time of commencement of this Constitution shall, after the commencement of this Constitution, stand transferred to the concerned District Court. 301. Provision relating to Constitutional Bodies and Office-bearers: (1) The constitutional bodies existing at the time of commencement of this Constitution and provided for in this Constitution shall be deemed to have been constituted under this Constitution, and this Constitution shall not be deemed to have prevented the settlement of matters pending in such bodies, subject to this Constitution.

(2) The heads or office-bearers of constitutional bodies holding office at the time of commencement of this Constitution shall be deemed to have been appointed under this Constitution, and they shall continue to hold office subject to the terms of service in force at the time of their appointment.

(3) Office-bearers working in the Commission for the Investigation of Abuse of Authority and the Public Service Commission at the time of commencement of this Constitution in excess of the number mentioned in this Constitution shall continue to hold office subject to the terms of service in force at the time of their appointment. 302. Formation and Operation of Government Services in Provinces and Local Levels: (1) The Government of Nepal shall make necessary arrangements to provide necessary services in Provinces and Local Levels.

(2) While making arrangements pursuant to subsection (1), the Government of Nepal may, in accordance with law, adjust civil servants serving in government service at the time of commencement of this Constitution to the Federation, Province and Local Levels and make arrangements for service delivery. 303.
Constitution of Nepal

303. Provision relating to Local Bodies: (1) The local bodies existing at the time of commencement of this Constitution shall continue to exist until the number and area of Local Levels under this Constitution are determined.

(2) Elections of office-bearers of local bodies existing pursuant to subsection (1) shall be held in accordance with law.

(3) Office-bearers of local bodies elected pursuant to subsection (2) shall continue to hold office until elections for Local Levels under this Constitution are held. 304. Existing Laws to Remain in Force: (1) The laws of Nepal in force at the time of commencement of this Constitution shall remain in force until repealed or amended. Provided that any law inconsistent with this Constitution shall, to the extent of such inconsistency, become automatically invalid after one year from the date of the first meeting of the Federal Parliament constituted under this Constitution.

(2) Acts relating to the peace process under the Interim Constitution of Nepal, 2063 (2007) shall be deemed to have been done under this Constitution. 305. Power to Remove Difficulties: Until the election of the Federal Parliament under this Constitution and the commencement of its first session, if any difficulty arises in implementing this Constitution, the President may, on the recommendation of the Government of Nepal, the Council of Ministers, issue necessary orders to remove such difficulty. Every such order shall be presented for ratification before the Legislature-Parliament or the Federal Parliament at its next immediate sitting. Part-34

Interpretation

306.
Constitution of Nepal

Every such order shall be presented for ratification before the Legislature-Parliament or the Federal Parliament at its next immediate sitting. Part-34

Interpretation

306. Definitions and Interpretation: (1) Unless the subject or context otherwise requires, in this Constitution,-

(a) "Minority" means ethnic, linguistic and religious groups whose population is less than the percentage determined by federal law, and also includes groups having their own ethnic, religious and linguistic distinctiveness, having the aspiration to preserve it, and having suffered discrimination and oppression.

(b) "Law" means federal law, provincial law and local law.

(c) "Article" means an article of this Constitution.

(d) "Municipality" includes a Metropolis and a Sub-metropolis.

(e) "Citizen" means a citizen of Nepal.

(f) "Province" means the area and form of a federal unit of Nepal divided into federal units under this Constitution.

(g) "Remuneration" includes salary, allowance and any other kind of remuneration and facilities.

(h) "State power" means the powers relating to the executive, legislative and judiciary of the State, and also includes residual powers.

(i) "Bill" means a draft of a Constitution amendment or Act presented in the Federal Parliament or Provincial Assembly.

(j) "Federation" means the federal level as the highest unit of the federal structure.

(k) "Federal unit" means the Federation, a Province and a Local Level.

(l) "Constitutional body" means the Commission for the Investigation of Abuse of Authority, the Auditor General, the Public Service Commission, the Election Commission, the National Human Rights Commission, the National Natural Resources and Finance Commission, the National Women Commission, the National Dalit Commission, the National Inclusion Commission, the Indigenous Nationalities Commission, the Madhesi Commission, the Tharu Commission and the Muslim Commission established under this Constitution.

(m) "Marginalized" means communities that are politically, economically and socially backward, unable to enjoy or deprived of services and facilities due to discrimination, oppression and geographical remoteness, and having a status lower than the human development level as per federal law, and also includes extremely marginalized and endangered communities.

(n) "Local Level" means the Village Council, Municipality and District Assembly to be established under this Constitution.

(2) Unless the subject or context otherwise requires, subject to the provisions expressed in this Constitution, the legal provisions relating to the interpretation of laws applicable to the interpretation of the laws of Nepal shall also apply to the interpretation of this Constitution. Part-35

Short Title, Commencement and Repeal

307. Short Title and Commencement: (1) This Constitution shall be called "The Constitution of Nepal".

(2) This Constitution shall commence on the third day of the month of Ashwin of the year Two Thousand and Seventy Two (September 20, 2015). 308. Repeal: The Interim Constitution of Nepal, 2063 (2007) is hereby repealed.
Constitution of Nepal

308. Repeal: The Interim Constitution of Nepal, 2063 (2007) is hereby repealed. Schedule-1

(Relating to Article 8, Sub-article (2))

National Flag of Nepal

Method of Making the National Flag of Nepal

(a) Method of making the shape inside the border

(1) Draw a line of the required length from left to right on a crimson red cloth in the lower part, and name it AB.

(2) From A, draw a straight line upward to C such that the length of AC equals the length of AB plus one-third of AB. Mark point D on AC at a distance from A equal to the length of AB. Join B and D.

(3) On line BD, mark point E at a distance from B equal to the length of AB.

(4) Draw a line from E parallel to AB, starting from point C on AC, extending to the right to a point F such that the length of EF equals the length of AB.

(5) Join G and F.

(b) Method of making the moon

(6) Mark point J on AB at a distance from A equal to one-fourth of AB. From there, draw a line upward parallel to AC, touching line GF at point H.

(7) From J, draw a line parallel to AB to the right, touching line GF at point T, such that half of GC is taken from J.

(8) Mark the point where lines JT and JH intersect as I.

(9) Join J and F.

(10) Mark the point where lines JF and JH intersect as D.

(11) Taking D as the center, mark point E on the lower part of line JH such that the distance from D to line BE is the minimum possible, creating a tangent to line BE.

(12) Draw a line from D parallel to AB from left to right, touching line AC at a point named N.

(13) Taking I as the center and radius IE, draw an arc on the lower part, and mark the two points where it touches the line passing through N and D as R and S respectively.

(14) Taking D as the center and radius DS, draw a semicircular arc on the lower part touching the arc R-S.

(15) Taking E as the center and radius ED, draw an arc touching the arc R-D-S on both sides, and mark the points where it touches the arc R-D-S as D and H respectively. Join D and H.
Constitution of Nepal

Join D and H. Mark the point where line D-H and line J-H intersect as N.

(16) Taking N as the center and radius N-H, draw a semicircular arc touching the upper part of the arc R-D-S on both sides.

(17) Taking N as the center and radius N-D, draw an arc touching the upper part of the arc R-D-S on both sides.

(18) Within the semicircle of Clause (16) and outside the arc of Clause (17), make eight equal angles of the moon.

(c) Method of making the sun

(19) From P, the midpoint of AC, draw a line P-F parallel to AB, touching line B-E.

(20) Taking the point where lines J-H and P-F intersect, B, as the center, and radius D-E, draw a complete circle.

(21) Taking B as the center, and radius I-E, draw a complete circle.

(22) Outside the circle of Clause (20) and inside the circle of Clause (21), make twelve angles of the sun in the circular space such that two points touch line J-H.

(d) Method of making the border

(23) Add a border of dark blue color, with a width equal to the width of N-D, to the outer boundary of the flag's shape on all sides, but at the five corners of the flag, the outer corners shall also be made equal to the inner ones.
(24) If the flag is used with a cord, keep it as per the above orientation. If the flag is to be inserted on a pole, widen the border on side AC as necessary. If using a cord or pole, make a hole on side AC. Explanation: The lines J-H, D-H, C-D, B-E, N-S, J-T, and P-F drawn while making the flag are imaginary. Similarly, the outer and inner circles of the sun and the arcs other than the crescent moon are also imaginary. They are not shown on the flag. Note: The size of the National Flag shall be as determined by the Government of Nepal. Schedule-2
(Relating to Article 9, Sub-article (1))

National Anthem of Nepal

Sayaun Thunga Phulka Hami, Eutai Mala Nepali
Sarvabhaum Bhai Phailieka, Mechi-Mahakali
Prakritika Koti-Koti Sampadako Aachhal
Birharuko Ragatle, Swatantra Ra Atal
Gyanbhumi Shantibhumi, Tarai Pahad Himal
Akhanda Yo Pyaro Hamro, Matribhumi Nepal
Bahul Jati, Bhasa, Dharma, Sanskriti Chan Vishal
Agragami Rashtra Hamro, Jaya Jaya Nepal. Schedule-3
(Relating to Article 9, Sub-article (2))

Coat of Arms of Nepal

Note: This coat of arms may be made in a larger or smaller size as required. The colors determined by the Government of Nepal shall be used therein.
Constitution of Nepal

Schedule-3
(Relating to Article 9, Sub-article (2))

Coat of Arms of Nepal

Note: This coat of arms may be made in a larger or smaller size as required. The colors determined by the Government of Nepal shall be used therein. Amended by the Second Amendment.Schedule-4
(Relating to Article 56, Sub-article (3))

Provinces and Districts to be included in the respective Provinces

 Province No. 1 Province No. 2

 1. Taplejung 1. Saptari
 2. Panchthar 2. Siraha
 3. Ilam 3. Dhanusha
 4. Sankhuwasabha 4. Mahottari
 5. Tehrathum 5. Sarlahi
 6. Dhankuta 6. Rautahat
 7. Bhojpur 7. Bara
 8. Khotang 8. Parsa
 9. Solukhumbu
 10. Okhaldhunga
 11. Udayapur
 12. Jhapa
 13. Morang
 14. Sunsari

 Province No. 3 Province No. 4

 1. Dolakha 1. Gorkha
 2. Ramechhap 2. Lamjung
 3. Sindhuli 3. Tanahun
 4. Kavrepalanchok 4. Kaski
 5. Sindhupalchok 5. Manang
 6. Rasuwa 6. Mustang
 7. Nuwakot 7. Parbat
 8. Dhading 8. Syangja
 9. Chitawan 9. Myagdi
 10. Makwanpur 10. Baglung
 11. Bhaktapur 11. Nawalparasi (Bardaghat Susta East)
 12. Lalitpur
 13. Kathmandu

 Province No. 5 Province No. 6 Province No. 7

 1. Nawalparasi (Bardaghat Susta West) 1. Rukum (Western Part) 1. Bajura
 2. Rupandehi 2. Salyan 2. Bajhang
 3. Kapilvastu 3. Dolpa 3. Doti
 4. Palpa 4. Jumla 4. Achham
 5. Arghakhanchi 5. Mugu 5. Darchula
 6. Gulmi 6. Humla 6. Baitadi
 7. Rukum (Eastern Part) 7. Kalikot 7. Dadeldhura
 8. Rolpa 8. Jajarkot 8. Kanchanpur
 9. Pyuthan 9. Dailekh 9. Kailali
 10. Dang 10. Surkhet
 11. Banke
 12. Bardiya

Schedule-5
(Relating to Article 57, Sub-article (1) and Article 109)
List of Federal Power

 S.N. Subjects

 1. Relating to defence and military
 (a) Protection of national unity and territorial integrity
 (b) Relating to national security
 2. War and defence
 3. Arms, ammunition, factories and production relating
 4. Central police, armed police force, national intelligence and investigation, peace and security
 5. Central planning, central bank, financial policy, currency and banking, monetary policy, foreign grants, assistance and loans
 6. Foreign and diplomatic affairs, international relations and relating to the United Nations
 7. International treaties or agreements, extradition, mutual legal assistance and international boundaries, international boundary rivers,
 8. Telecommunications, allocation of radio frequency, radio, television and postal services
 9. Customs, excise duty, value added tax, corporate income tax, personal income tax, remuneration tax, passport fee, visa fee, tourism fee, service charge and fee, fines and penalties
 10. Federal civil service, judicial service and other government services
 11. Policy and standards relating to conservation and multipurpose use of water resources
 12. Inter-country and inter-provincial electricity transmission lines
 13. Central statistics (national and international standards and quality)
 14. Large electricity, irrigation and other projects and schemes at central level
 15.
Constitution of Nepal

Management of local services
 6. Collection of local statistics and records
 7. Development projects and schemes at local level
 8. Basic and secondary education
 9. Basic health and sanitation
 10. Local market management, environmental protection and biodiversity
 11. Local roads, rural roads, agricultural roads, irrigation
 12. Management of Village Assembly, Municipal Assembly, District Assembly, local courts, conciliation and mediation
 13. Local records management
 14. Distribution of land ownership certificates
 15. Agriculture and animal husbandry, management of agricultural production, animal health, cooperatives
 16. Management of senior citizens, persons with disabilities and incapacitated persons
 17. Collection of statistics of unemployed persons
 18. Management, operation and control of agricultural extension
 19. Drinking water, small hydropower projects, alternative energy
 20. Disaster management
 21. Conservation of watersheds, wildlife, mines and minerals
 22. Protection and development of language, culture and fine arts

Schedule-9

(Relating to Article 57, Sub-article (5), Article 109, Article 162, Sub-article (4), Article 197, Article 214, Sub-article (2), Article 221, Sub-article (2) and Article 226, Sub-article (1))

Concurrent List of Power of Federation, Province and Local Level

 S.N Subjects

 1. Cooperatives
 2. Education, sports and periodicals
 3. Health
 4. Agriculture
 5. Services such as electricity, drinking water, irrigation
 6. Service charges, fees, fines and penalties, royalties from natural resources, tourism fees
 7. Forest, jungle, wildlife, birds, water use, environment, ecology and biodiversity
 8. Mines and minerals
 9. Disaster management
 10. Social security and poverty alleviation
 11. Personal events, birth, death, marriage and statistics
 12. Archaeology, ancient monuments and museums
 13. Squatter management
 14. Royalties from natural resources
 15. Vehicle permits
Education Act, 1971

Education Act, 2028

Great Seal and Date of Publication
2028.5.24

Amending Acts

1. Education (First Amendment) Act, 2033 2033.7.4
2. Education (Second Amendment) Act, 2036 2036.8.5
3. Education (Third Amendment) Act, 2037 2037.5.26
4. Some Nepal Acts Amendment Act, 2041 2041.7.27
5. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
6. Education (Fourth Amendment) Act, 2045 2045.7.10
7. Education (Fifth Amendment) Act, 2049 2049.7.13
8. Education (Sixth Amendment) Act, 2055 2055.1.1
9. Education (Seventh Amendment) Act, 2058 2058.10.25

Certification and Publication Dates

10. This Act has come into force from the 17th of Shrawan, 2063 B.S. Some Nepal Acts relating to Education and Sports Amendment Act, 2063 2063.9.14
11. This Act has come into force from the 15th of Jestha, 2064 B.S. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
12. Act made to amend Some Nepal Acts, 2072 2072.11.13
13. Education (Eighth Amendment) Act, 2073 2073.3.15
14. This Act has commenced from the 1st of Bhadra, 2075 B.S. Act to Amend, Consolidate, Adjust, and Repeal Some Nepal Laws, 2074 2074.6.30
15. Education (Ninth Amendment) Act, 2074 2074.7.6
16. Act made to amend Some Nepal Acts, 2075 2075.11.19

Act No. 8 of the year 2028

Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. An Act made to provide for education to be imparted in schools in accordance with the plan of the National Education System

Preamble: Amended by the Eighth Amendment. Whereas, to prepare the manpower necessary for national development, to maintain the morality, decency, and ethics of the general public in accordance with the federal democratic republican system, and to develop quality education by improving the management of schools to be established and already established and operating within the country, it is desirable;

Therefore, His Majesty King Mahendra Bir Bikram Shah Deva has enacted this Act with the advice and consent of the National Panchayat. 1. Short Title, Extent, and Commencement: (1) This Act may be called the "Education Act, 2028".

(2) This Act shall extend throughout Nepal Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Bharat.

(3) This Act shall come into force on a date to be appointed by the Government of Nepal by notification in the Nepal Gazette in the area specified. This Act has been enforced by the Ministry in the following districts from the following dates:-
Date Districts enforced
2028.7.15 Chitwan, Kaski,
2029.6.15 Dang, Banke, Baglung, Rupandehi, Dhanusha, Kavre, Saptari, Dhankuta, Morang, Jhapa, Jumla, Kailali, Kanchanpur. 2030.7.1 Ilam, Panchthar, Taplejung, Tehrathum, Sankhuwasabha, Sunsari, Sindhupalchok, Kathmandu, Bhaktapur, Lalitpur, Gorkha, Manang, Lamjung, Tanahu, Syangja, Surkhet. 2031.6.21 Solukhumbu, Okhaldhunga, Khotang, Bhojpur, Udayapur, Siraha, Dolakha, Ramechhap, Sindhuli, Sarlahi, Mahottari, Nuwakot, Mustang, Myagdi, Parbat, Gulmi, Arghakhanchi, Palpa, Nawalparasi, Kapilvastu.
Education Act, 1971

Teacher Service Commission constituted under section 11J.

(f2) Added by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. "Secretariat" means the secretariat of the Commission.

(f3) Added by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. "Chairperson" means the chairperson of the Commission.

(f4) Added by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. "Member" means a member of the Commission and includes the chairperson of the Commission.

(f5) Added by the Sixth Amendment. "Guardian" means, in relation to a student studying in a school, the person recorded as the guardian in the school records, and for the purposes of section 12, also includes the father, mother, grandfather or grandmother of the student, and in the case of a student without such guardian, the person providing guardianship to such student.

(f6) Added by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. "Employee" means an employee other than a teacher working in a community school.

(g) "Secondary Education Completion Examination" (School Leaving Certificate Examination) means the examination held at the end of secondary education.

(g1) Added by the Eighth Amendment. "Basic Education Completion Examination" means the examination held at the end of the basic level.

(h) "Prescribed" or "as prescribed" means prescribed or as prescribed by the Amended by the Some Nepal Acts Amendment Act, 2075. rules or regulations made under this Act.

(i) Added by the Second Amendment. "Permission" means a temporary approval given by the Government of Nepal to open a school or add classes in any specified place or area where permanent approval and assistance have not yet been granted.

(j) Added by the Second Amendment. "Approval" means the permanent approval given by the Government of Nepal to a school that has fulfilled the prescribed conditions.

(k) Added by the Second Amendment. "Residential School" means a school approved as a residential school by the Government of Nepal.

(l) Amended by the Seventh Amendment. "Educational Trust" means a Added by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. public or private trust established by a person with the objective of not making a profit for operating a school.

(l1) Added by the Eighth Amendment. "Ministry" means the Ministry of Education.

(l2) Added by the Eighth Amendment. "Permanent Residence Permit" means a Diversity Immigrant Visa (DV), Permanent Resident Visa (PR), or Green Card provided to a Nepali citizen by a foreign country permitting permanent residence under certain conditions, or any other permit of permanent residence under any name granted to a Nepali citizen for permanent residence abroad. 3.