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The Interim Constitution of Nepal, 2063 (2007)

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The Interim Constitution of Nepal, 2063 (2007) A T S h A e M E I N n D t E e D r B i Y m T H C E F The Interim o I R n g]kfnsf] S s T , t S i Constitution of E t C u cGtl/d O t N i D o Nepal, 2063 (2007) A n N ;+ljwfg,2063 D o klxnf], bf];|f] / t];|f] ;+zf]wg;lxt T AS AMENDED BY THE FIRST, SECOND f H I N AND THIRD AMENDMENTS R D e p A M a This publication of the Interim E l N g]kfnsf] cGtl/d ;+ljwfg, @)^# sf] of] , D Constitution of Nepal 2007 is new in 2 M 0 ;+:s/0f w]/} lsl;dn] gf}nf] 5 . k|ydtM, E several ways. Firstly, the English translation N 6 T S has been revised to remove inaccuracies klxnf] cg'jfb xtf/df tof/ ug'{ k/]sf 3 and clarify obscurities which result from sf/0f ePsf c;fGble{stf x6fpg tyf ( 2 the haste in which the first translation had c:ki6 s'/fx?nfO{ :ki6 ug{ cª\u|]hL 0 The Interim 0 to be prepared. Secondly, it integrates the cg'jfbnfO{ kl/dfh{g ul/Psf] 5 . bf];|f] s'/f 7 g]kfnsf] amendments made by the three xfn ;Ddsf tLgj6f ;+zf]wgåf/f ;+zf]lwt ) amendment Acts into the text of the k s'/fx?nfO{ ;+ljwfgsf] kf7df PsLs[t g l x Constitution of Constitution – thus it shows the complete n ul/Psf] 5 . To;}n] of] k':ts k|sfzg ]k f text as it is in force, at the date this volume ], cGtl/d f ePsf] ldlt;Dd sfof{Gjogdf /x]sf] b n is published. It also makes it clear what f cGtl/d ;+ljwfgsf] k"0f{kf7 o;df /flvPsf] ]; |f those amendments are. Thirdly, not only ] Nepal, 2063 (2007) s / does it have both the official Nepali and 5 . s] s] s'/fdf ;+zf]wg eP eGg] af/]df t ;+ljwfg, 2063 revised English translation in one volume, klg o;n] :ki6 kfb{5 . t];|f], o;df g]kfnL ]; f |f klxnf], bf];|f] / t];|f] ] ] AS AMENDED BY THE FIRST, SECOND but it puts the Nepali text opposite the efiffdf n]lvPsf] cflwsfl/s ;+ljwfg / ; c +z ;+zf]wg;lxt corresponding English text. This will be f cª\u|]hL efiffdf ul/Psf] kl/dflh{t cg'jfb ]w AND THIRD AMENDMENTS G convenient for anyone who would mainly g dfq geO{ g]kfnL / cª\u|]hL kf7nfO{ cfdg] ; t l use the translation but needs to be able to x ;fdg] klg /flvPsf] 5 . cg'jflbt t refer to the authoritative original, and also l ;fdu|Lsf] k|of]u ug]{x?sf lglDt of] d'Vo / for translators who want to know how ?kdf ;xh x'g]5, t/ cflwsfl/s ;+:s/0f d expressions are translated. klg x]/] plrt x'g]5 . cleJolQmx?nfO{ This publication has been prepared by the s;/L cg'jfb ul/Psf] 5 eGg] hfGg rfxg] ; Constitution Advisory Support Unit of cg'jfbsx?sf nflu klg of] pkof]uL x'g]5 . +l j UNDP with help from others especially within the UN community. The of] k':ts ;+o'Qm /fi6«;+3Lo lgsfo w f Constitution Advisory Support Unit is a cGtu{tsf cGo lgsfox?sf] ;xof]udf g small group of lawyers, translators and o'Pg8LkL g]kfnsf] ;+j}wflgs k/fdz{ , others committed to enhancing public ;xfotf PsfOaf6 tof/ kfl/Psf] xf] . @ knowledge of the constitution and the ;+j}wflgs k/fdz{ ;xfotf PsfO sfg'gljb\, ) constitution making process. cg'jfbs tyf ;+ljwfg Pj+ ;+ljwfg lgdf{0f ^ k|lqmofdf ;j{;fwf/0fsf] 1fg clej[l4 # u/fpg k|lta4 JolQmx?sf] ;fgf] ;d"x xf] . UNDP NEPAL o'Pg8LkL g]kfn UN House, Pulchowk o'Pg xfp;, k'Nrf]s G.P.O Box 107 kf]:6 aS; g+= !)& Kathmandu, Nepal sf7df8f}+, g]kfn Tel: + (977-1) 5523200 kmf]gM + -(&&–!_ %%@#@)) Fax: + (977-1) 5523991, 5523986 km\ofS;M + -(&&–!_ %%@#((!, %%@#(*^ www.undp.org.np j]eM www.undp.org.np WITH THE ENGLISH AND NEPALI SIDE-BY-SIDE cª\u|]hL / g]kfnL efiffdf AND INTRODUCTORY MATERIAL IN BOTH LANGUAGES b'j} efiffdf kl/rofTds ;fdu|L;lxt COORDINATED AND PREPARED BY: ;+of]hg tyf tof/LM Jill Cottrell lhn sf]6\/]n Surya Dhungel ;"o{ 9'+u]n Kedar Bhattarai s]bf/ e§/fO{ Basant Subba j;Gt ;'Aaf o'Pg8LkL g]kfn UNDP NEPAL k'; @)^$ JANUARY 2008 © United Nations Development Programme (UNDP) 2008 UN House, Pulchowk G.P.O Box 107, Kathmandu, Nepal Tel: + (977-1) 5523200 Fax: + (977-1) 5523991, 5523986 www.undp.org.np DESIGNED AND PROCESSED BY Power Communications Pvt. Ltd. Printed in Nepal © ;+o'Qm /fi6«;+3Lo ljsf; sfo{qmd -o'Pg8LkL_ @))* o'Pg xfp;, k'Nrf]s kf]:6 aS; g+= !)&, sf7df8f}+, g]kfn kmf]gM +-(&&–!_ %%@#@)) km\ofS;M +-(&&–!_ %%@#((!, %%@#(*^ www.undp.org.np ;fh;HhfM kfj/ sDo'lgs];g k|f=ln=, g]kfndf d'lb|t CONTENTS ljifo ;"rL PART I efu ! About this Publication 4 of] k|sfzgsf af/]df % The Interim Constitution of Nepal 6 g]kfnsf] cGtl/d ;+ljwfg & A Simple Guide to the Interim Constitution 12 cGtl/d ;+ljwfgsf] ;/n dfu{bz{g !# Some Comments on the Translation 34 PART II efu @ The Interim Constitution of Nepal, g]kfnsf] cGtl/d ;+ljwfg, @)^# 2063 (2007) as amended by the first, klxnf], bf];|f] / t];|f] ;+zf]wg;lxt #& second and third Amendments 36 Contents pages (article by article) 38 ljifo ;"rL -wf/fut_ #( List of Schedules (including cg';"rLx?sf] ;"rL -lj:t[t zflGt Comprehensive Peace Agreement) 50 ;Demf}tf;lxt_ %! Text of Constitution 52 ;+ljwfgsf] kf7 %# Text of Schedules 242 cg';"rLx?sf] kf7 @$# gf]6M cª\u|]hL efiffsf] k|To]s Note: the English version of each ;+:s/0f g]kfnL ;+:s/0fsf] document appears on the left hand page facing the Nepali version. ;fd'Gg]sf] jfofF kfgfdf /x]sf] 5 . THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007) AS AMENDED BY THE FIRST, SECOND AND THIRD AMENDMENTS ABOUT THIS PUBLICATION The Interim Constitution as published here includes the changes made by the three amending Acts –the Interim Constitution of Nepal (First Amendment), 2063 Chaitra 30 (April 13, 2007), and the Interim Constitution of Nepal (Second Amendment), 2064 Jestha 30 (June 13, 2007) and the Interim Constitution of Nepal (Third Amendment) 13 Poush 2064 (28 December 2007). We have indicated what the changes were (by means of footnotes, and by emboldening changes made in the first amendment, and emboldening and underlining those made by the second amendment and using italics when inserting the changes made by the third amendment). Integration of the amendments was done by Kedar Bhattarai and Basant Subba. Another distinctive feature is that we have included a detailed table of contents: it is possible to see which article of the Interim Constitution appears on which page. The English translation is based on that which was initially done by Mr. Uday Nepali and his team from the Nepal Law Society. The revised version has been prepared by staff of the Constitution Advisory Support Unit, a unit within UNDP Kathmandu headed by Yash Ghai. We have made some changes which we believe make the meaning clearer. This has involved many hours of careful study of the Nepali original by the team of translators working in the Constitution Advisory Support Unit office, UNDP, Kathmandu - Kedar Bhattarai, and Basant Subba – and by Surya Dhungel, and of discussion with Jill Cottrell. Useful comments were received from the UNMIN translation team headed by Dr. Mark Turin. We sent the translation to various other people, both Nepalese and foreigners for their comments, and they have all stated that they believe this is a useful venture. We are very grateful to all these people for having taken the time and trouble. We have produced it in the form of a bilingual version: in book form the Nepali appears on the right and the English on the left hand page. This will help readers of the English who also understand Nepali to be sure of the meaning. We hope it will also be helpful to translators of future constitutional documents. The text of the Interim Constitution is preceded in this book by a brief introduction to the Interim Constitution, and also by a “Simple Guide to the Interim Constitution”, intended for members of the public who want to understand something about the document, but for whom the original text is too time-consuming to read. Maybe some people will feel able to tackle the full document after reading the “Simple Guide”. The content of this volume will also be available on the UNDP Support to Constitution Making website (www.undp.org.np/constitutionbuilding). There you could use the contents list, in either Nepali or English, to click to the article you require. 4 g]kfnsf] cGtl/d ;+ljwfg, @)^# klxnf], bf];|f] / t];|f] ;+zf]wg;lxt of] k|sfzgsf af/]df cGtl/d ;+ljwfgsf] of] ;+:s/0fdf cGtl/d ;+ljwfgdf ul/Psf tLgj6f ;+zf]wgx¿, g]kfnsf] cGtl/d ;+ljwfg -klxnf] ;+zf]wg_, @)^# r}t #), g]kfnsf] cGtl/d ;+ljwfg -bf];|f] ;+zf]wg_, @)^$ h]7 #) tyf g]kfnsf] cGtl/d ;+ljwfg -t];|f] ;+zf]wg_ !# k'; @)^$, nfO{ ;dfj]z ul/Psf] 5 . xfdLn] tL ;+zf]wgx¿nfO{ :ki6 ¿kdf pNn]v -kfb l6Kk0fLåf/f, / klxnf] ;+zf]wgsf ljifox¿nfO{ uf9f sfnf cIf/df tyf bf];|f] ;+zf]wgsf ljifox¿nfO{ uf9f sfnf cIf/df /fv]/ tyf tnaf6 wsf]{ lbP/ tyf t];|f] ;+zf]wgsf ljifox¿nfO{ 58\s] -italics_df /fv]sf 5f}+ .
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