Government Identifies Laws for New Enactment and Amendment

Kathmandu. The government has identified subjects for new laws and laws to be amended and has moved forward with the necessary process. Based on priority, 22 ministries are working on 46 legal subjects.

The Ministry of Law, Justice and Parliamentary Affairs is overseeing the framework for lawmaking and whether the process has been completed according to the Legislation Act.

Following the dissolution of the House of Representatives due to the Janji movement on Bhadra 23 and 24, along with the bills that reached zero in the House of Representatives, the drafting of new bills and the preparation of some new bills are also in full swing. The draft has been sent for preparation with the ministry-wise priority list of bills that can be presented in the parliament within the current fiscal year.

The government has recommended six ordinances to the President to accelerate the pace of work. Seeing that the process of enacting laws through bills would take a long time, the government wanted to amend laws through ordinances by ending the parliament session called for Baishakh 17.

A minister of the government informed Ratopati that the drafting of bills under all 22 ministries has started with the intention of presenting the bills after the parliament session is convened.

The Ministry of Finance is bringing the Nepal Rastra Bank Act Amendment Bill. The Nepal Rastra Bank Act 2058 has been amended 9 times so far. This act, first amended in 2063, was subsequently amended in 2066, 2072, 2073, 2074, 2075, 2076, 2080, and 2081.

The Ministry of Finance has prioritized the amendment of the Public Procurement Act 2063, the Employees Provident Fund Act 2019, the Citizen Investment Fund Act 2047, and the Export-Import Related Bill.

Similarly, the Ministry of Industry, Commerce and Supplies is bringing the Company Act Amendment Bill. This act, formed in 2063 with the objective of accelerating economic development by promoting investment in the fields of industry, trade, and business through economic liberalization, had been amended three times before.

The Ministry of Home Affairs is working on 4 bills. The Ministry of Home Affairs is working on the Nepal Police Bill, Armed Police Bill, Immigration Bill, and Intelligence Bill. The Ministry of Foreign Affairs is responsible for the bill to amend the Passport Act. The Ministry of Physical Infrastructure and Transport has the bill to make provisions regarding transportation, the bill to make provisions regarding road safety, and the bill to form the Diploma Engineering Council in the amendment list.

The Ministry of Women, Children and Senior Citizens is responsible for the bill to amend the Human Trafficking and Transportation (Control) Act, 2064. This is a bill that could not be transformed into an act in the dissolved House of Representatives. The Ministry of Defense also has the bill to make provisions regarding the National Service Corps and the bill to establish, operate, and manage the National Defense University in the amendment list.

The Ministry of Energy is preparing to amend 4 bills. The Ministry of Energy is working on the Water Resources Bill, Renewable Energy and Energy Efficiency Bill, Electricity Bill, and Irrigation Development and Management Bill.

The Prime Minister's Office has placed the Public Procurement Act in the priority list for amendment. Similarly, the Ministry of Federal Affairs is preparing to bring two bills. Work is underway on the Federal Civil Service Bill under Federal Affairs. The ministry stated that work is underway on the 'Bill to make provisions regarding the formation, operation, and service conditions of the Federal Civil Service'. This bill was previously stopped at the final stage in the House of Representatives.

Similarly, work is underway on the Local Government Operation Bill under the Ministry of Federal Affairs. The Civil Aviation Bill is coming under the Ministry of Culture, Tourism and Civil Aviation. Similarly, the Nepal Airways Corporation Bill will also be presented in parliament.

The Ministry of Physical Infrastructure has the Road Safety and Public Transportation Bill, while the Ministry of Information and Communications has the Cyber Security Bill and the Communications Bill as priorities.

The Ministry of Health and Population has the Ram Raja Prasad Singh Health Institute Bill draft within its responsibilities. Among the bills, the Ministry of Education, Science and Technology and the Ministry of Youth and Sports also have the responsibility to complete the drafting of one bill each.

Similarly, the Ministry of Agriculture has the Slaughterhouse and Meat Bill and the Animal Health Bill. The Ministry of Education, Science and Technology has the Technical and Vocational Skill Development Bill, while the Ministry of Law has the Marital Rape Bill, the Serious Sexual Violence Bill, and the Bill related to murder after rape.

The Ministry of Law is working on amending the Law on Mediation, the Muluki Criminal Code, 2074, the Muluki Criminal Procedure Code 2074, and the Muluki Civil Procedure Code 2074.

Similarly, the Bill to amend the Criminal Offenses (Determination and Implementation of Punishment) Act 2074, the Free Legal Aid Bill, and the Federal Parliament Secretariat Act 2064 are also in the list of amendments.

The amendment bills for the Act Relating to the Remuneration and Facilities of the Office Bearers and Members of the Federal Parliament 2073, and the Act Relating to the Remuneration, Service, Conditions, and Facilities of the Secretary General of the Federal Parliament, the Secretary of the House of Representatives, and the Secretary of the National Assembly 2075 are also in the list of homework under the Ministry of Law.

20 Laws Being Amended Through Ordinances

The government has submitted to President Ram Chandra Paudel the amendment of 20 laws through ordinances.

The government has recommended an ordinance to amend the Constitutional Council (Work, Duties, Authority, and Procedure) Act 2066. With the ordinance brought to amend the Constitutional Council Act 2066, the government aims to strengthen its role in constitutional appointments.

Through the ordinance related to the Constitutional Council, the government seeks its convenience to recommend the appointment of officials of various constitutional commissions and the Chief Justice of the Supreme Court with the presence of the chairperson and two members of the Constitutional Council.

Article 144, Sub-section 1 of the Constitution states, 'Except when both houses of the Federal Parliament are in session, the President may issue an ordinance on the recommendation of the Council of Ministers when immediate action is necessary.'

Similarly, an ordinance to amend the Cooperatives Act, 2074 has also been recommended for issuance. It is claimed that this ordinance seeks to regulate cooperatives primarily engaged in savings and loans, require such institutions to obtain operating licenses, and establish a 'Chakray Relief Fund' to immediately refund savings to members of problematic cooperative institutions.

Similarly, an ordinance to amend some Nepal Acts related to Universities and Health Science Institutes has also been recommended for issuance. An ordinance to amend some Nepal Acts has also been recommended for issuance, under which 20 laws will be amended. This ordinance has been recommended to remove obstacles seen in laws related to land, land measurement, land revenue, education, forest, health, civil service, and insurance.