Article 177. Term of Provincial Assembly
- (1)Unless dissolved earlier in accordance with this Constitution, the term of the Provincial Assembly shall be five years.
- (2)Notwithstanding anything contained in clause (1), the term of the
Provincial Assembly may be extended by a provincial Act for a period not exceeding one year in cases where a proclamation or order of a state of emergency is in effect. www.lawcommission.gov.np
- (3)The term of the Provincial Assembly extended pursuant to clause (2) shall, ipso facto, be terminated after the expiry of six months from the date of revocation of the proclamation or order of the state of emergency in the concerned Province.
Article 178. Qualification for a Member of Provincial Assembly
- (1)A person who has the following qualifications shall be eligible to become a member of the Provincial Assembly:-
- (a)One who is a citizen of Nepal;
- (b)One who is a voter of the concerned Province;
- (c)One who has completed the age of twenty-five years;
- (d)One who is not convicted of a criminal offense involving moral turpitude;
- (e)One who is not disqualified by any law; and
- (f)One who is not holding any office of profit.
Explanation: For the purposes of this clause, "office of profit" means any position, other than a political position which is to be fulfilled by election or nomination, for which a remuneration or financial benefit is paid out of a government fund.
- (2)In case a person who holds a political office to be fulfilled by way of election, nomination or appointment is elected as a member of the Provincial
Assembly under this Part, such office shall, ipso facto, fall vacant with effect from the day on which he or she takes an oath of such office.
Article 179. Oath of Member of Provincial Assembly
Every member of the Provincial Assembly shall be required, before taking part for the first time in the meeting of the Assembly or any of its committees, to take an oath as provided for in the provincial law.
Article 180. Vacation of Seat of a Member of Provincial Assembly
The seat of a member of the Provincial Assembly shall fall vacant in any of the following circumstances:-
- (a)In case he or she tenders resignation in writing to the Speaker of Province;
- (b)In case he or she is no longer qualified or ceases to possess the qualifications referred to in Article 178; www.lawcommission.gov.np
- (c)In case the term of the Provincial Assembly expires or it is dissolved;
- (d)In case he or she is absent in ten consecutive meetings without giving information to the Provincial Assembly;
- (e)In case the political party of which he or she was a member when elected provides a notification as provided for in the federal law that he or she has defected from the party;
- (f)In case he or she dies.
Article 181. Decision as to Disqualification of Member
In case question arises as to whether any member of the Provincial Assembly is disqualified or has ceased to possess any of the qualifications referred to in Article 178, the Constitutional Bench of the Supreme Court shall make the final decision of such question.
Article 182. Speaker and Deputy Speaker of Provincial Assembly
- (1)The members of the Provincial Assembly shall, within fifteen days of the date of holding of the first meeting of the Provincial Assembly, elect a Speaker of Province and a Deputy Speaker of Province from amongst themselves.
- (2)Election pursuant to clause (1) shall be so held that there is one woman out of the Speaker of Province and the Deputy Speaker of Province, and the Speaker of
Province and the Deputy Speaker of Province shall be representatives from different parties. Provided that in case there is no representation of more than one party in the Provincial Assembly or no candidacy is filed by more than one party despite representation, nothing shall prevent the members of the same party from being the Speaker of Province and the Deputy Speaker of Province.
- (3)In case the office of the Speaker of Province or the Deputy Speaker of
Province falls vacant, the members of the Provincial Assembly shall fulfil the vacancy through election to the Speaker of Province or the Deputy Speaker of Province from amongst themselves.
- (4)The Deputy Speaker of Province shall, in the absence of the Speaker of
Province, preside over the Provincial Assembly.
- (5)In case the election to the Speaker of Province and the Deputy Speaker of
Province has not taken place, or in case both the positions have fallen vacant, the www.lawcommission.gov.np attending member who is by age the senior-most shall preside over the meeting of the Provincial Assembly.
- (6)The office of the Speaker of Province or the Deputy Speaker of Province shall fall vacant in any of the following circumstances:-
- (a)In case he or she ceases to be a member of the Provincial Assembly; Provided that, in the event of the dissolution of the Provincial Assembly, the Speaker of Province and the Deputy Speaker holding their respective offices shall continue in office until the previous day of the filing of nominations for another election to the Provincial Assembly;
- (b)In case he or she tenders resignation in writing;
- (c)In case a resolution is adopted by a majority of two-thirds of the total number of the then members of the Provincial Assembly to the effect that his or her conduct is not compatible with his or her office.
- (7)The Deputy Speaker of Province shall preside over a meeting at which deliberations are to be held on a motion that the conduct of the Speaker of Province is not compatible with his or her office. The Speaker of Province shall be entitled to take part and vote in the deliberations on such motion.
Article 183. Summoning and Prorogation of Session of Provincial Assembly
- (1)The Chief of Province shall summon a session of the Provincial Assembly within twenty days of the declaration of final results of the election to the Provincial Assembly. Thereafter, the Chief of Province shall, from time to time, summon other sessions in accordance with this Constitution. Provided that the interval between the two consecutive sessions shall not exceed six months.
- (2)The Chief of Province may prorogue the sessions of the Provincial
Assembly.
- (3)In case, during the prorogation or recess of the session of the Provincial
Assembly, one-fourth of the total number of its members make a requisition in writing that it is expedient to convene a session or meeting, the Chief of Province shall www.lawcommission.gov.np specify the date and time for such session or meeting. The Provincial Assembly shall meet or commence its session at the date and time so specified.
Article 184. Address by Chief of Province
- (1)The Chief of Province may address a sitting of the Provincial Assembly and summon the members for that purpose.
- (2)The Chief of Province shall address the first session after an election to the
Provincial Assembly and a sitting of the Provincial Assembly after the commencement of the first session of each year.
Article 185. Quorum of Provincial Assembly
Except as otherwise provided for in this Constitution, no question or motion shall be submitted for a decision in the Provincial Assembly unless one-fourth of the total number of its members are present.
Article 186. Voting in Provincial Assembly
All questions submitted for a decision in the Provincial Assembly shall be decided by a majority vote of the members present and participate in voting. The member presiding over the meeting shall not have the right to vote. Provided that he or she may exercise his or her casting vote in the case of a tie.
Article 187. Privileges of Provincial Assembly
- (1)Subject to this Constitution, there shall be full freedom of speech in the Provincial Assembly and no member shall be arrested, detained or prosecuted in any court for anything expressed or any vote cast by him or her in the Provincial Assembly.
- (2)Subject to this Constitution, the Provincial Assembly shall have full power to regulate and decide its internal business and it shall be the exclusive right of the
Provincial Assembly to decide whether or not any of its proceedings is regular or irregular. No question shall be raised in any court in this regard.
- (3)No comment shall be made about the good faith concerning any proceeding of the Provincial Assembly, and no publication and broadcasting of any type shall be made about anything said by any member, intentionally distorting or misinterpreting the meaning of the speech.
- (4)The provisions of clauses (1) and (3) shall also apply to other persons who are entitled to participate in the meetings of the Provincial Assembly other than the members of the Provincial Assembly. www.lawcommission.gov.np
- (5)No proceedings shall be initiated in any court against any person in respect of the publication, under the authority granted by the Provincial Assembly, of any document, report, vote or proceeding.
Explanation: For the purposes of this clause and clauses (1), (2), (3) and (4), "Provincial Assembly" means and includes a meeting of a committee of the Provincial Assembly.
- (6)No member of the Provincial Assembly may be arrested during the period from the issuance of a notice summoning the session to its prorogation.
Provided that nothing in this clause shall be deemed to prevent the arrest under the law of any member on a criminal charge. In case any member is so arrested, the authority making such arrest shall forthwith give information thereof to the person presiding over the Provincial Assembly.
- (7)Any breach of the privileges shall be deemed to constitute the contempt of the Provincial Assembly, and the Provincial Assembly shall have the exclusive right to decide whether or not any breach of its privileges has taken place.
- (8)In case any person is in contempt of the Provincial Assembly, the person presiding over the Provincial Assembly may, after a decision by the Provincial
Assembly to that effect, admonish, warn or impose a sentence of imprisonment for a term not exceeding three months or of a fine not exceeding ten thousand rupees on such person, and such fine shall be recovered as a government due. Provided that in case such person apologies to the satisfaction of the Provincial Assembly, it may either pardon him or her or remit or commute the sentence imposed on him or her.
- (9)Other matters relating to privileges of the Provincial Assembly shall be as provided for in a provincial law.
Article 188. Provisions relating to Vote of Confidence and Motion of No confidence
- (1)The Chief Minister may, whenever he or she considers necessary or appropriate to show that he or she has confidence from the Provincial Assembly, table a resolution to that effect in the Provincial Assembly for the vote of confidence.
- (2)In case the political party which the Chief Minister represents is divided or a political party in coalition Provincial Government withdraws its support, the Chief www.lawcommission.gov.np
Minister shall table a resolution in the Provincial Assembly for a vote of confidence within thirty days.
- (3)In case a resolution tabled pursuant to clauses (1) and (2) is not adopted by a majority of the total number of then members of the Provincial Assembly, the Chief
Minister shall relieve of his or her office.
- (4)One-fourth of the total number of then members of the Provincial
Assembly may table in writing a motion of no confidence against the Chief Minister. Provided that a motion of no confidence may not be tabled until the first two years after the appointment of the Chief Minister and until another one year after the date of failure of the motion of no confidence once tabled.
- (5)A motion of no confidence to be tabled pursuant to clause (4) shall also mention the name of a member proposed for the Chief Minister.
- (6)In case a motion of no confidence tabled pursuant to clause (4) is adopted by a majority of the total number of then members of the Provincial Assembly, the
Chief Minister shall be relieved of his or her office.
- (7)In case the office of the Chief Minister falls vacant because of the adoption of a vote of no confidence pursuant to clause (6), the Chief of Province shall, pursuant to Article 168, appoint as the Chief Minister the member of the Provincial Assembly proposed pursuant to clause (5).
Article 189. Minister, Minister of State and Assistant Minister entitled to Take part in Meetings of
Provincial Assembly: The Minister, Minister of State and Assistant Minister shall be entitled to attend, and take part in the proceedings and deliberations of, the Provincial Assembly or its committees. Provided that a Minister, Minister of State or Assistant Minister who is not a member of the Provincial Assembly shall not be entitled to cast a vote in a meeting of the Provincial Assembly or its committee, and a Minister, Minister of State or Assistant Minister shall not be entitled to vote in a meeting of a committee of which he or she is not a member.
Article 191. Restriction on Discussion
No discussion shall be held in the Provincial Assembly on any matters that may cause adverse effect on the dispensation of justice on any cases which are sub judice in any court of Nepal and on any judicial acts carried out by Judges in the course of performance of their duties.
Article 192. Transaction of Business in Case of Vacancy in Seat of Member
The Provincial Assembly shall have the power to transact its business notwithstanding any vacancy in the seat of its member; and no proceedings of the Provincial Assembly already conducted shall become invalid even in case it is subsequently discovered that a person who was not so entitled took part in such proceedings.
Article 193. Power of Provincial Assembly to Constitute Committees
The Provincial Assembly may, in accordance with its rules, constitute committees or special committees, as required, in order to manage its working procedures.
Article 194. Procedures relating to Conduct of Business of Provincial Assembly
The Provincial Assembly shall frame rules to conduct its business, maintain order during its meetings and regulate the constitution, functions and procedures of, and other matters relating to, its committees. Until such rules are framed, the Provincial Assembly shall regulate its procedures on its own.
Article 195. Secretary and Secretariat of Provincial Assembly
- (1)The Chief of Province shall appoint the Secretary of the Provincial Assembly on recommendation of the Speaker of Province.
- (2)There shall be a Secretariat for conducting and managing the business of the Provincial Assembly. The establishment of such Secretariat and other matters related thereto shall be as provided for in the provincial law.
- (3)The qualification, functions, duties, powers and other conditions of service of the Secretary of the Provincial Assembly shall be as provided for in the provincial law. www.lawcommission.gov.np
Article 196. Remuneration
The remuneration and facilities of the Speaker, Deputy Speaker and members of the Provincial Assembly shall be as provided for in the provincial law, and until such law is made, as specified by the Provincial Government. www.lawcommission.gov.np Provincial Legislative Procedures
Article 197. Legislative Powers of Provincial Assembly
The legislative powers of the Provincial Assembly shall be as enumerated in lists of Schedule-6, Schedule-7 and Schedule-9.