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The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

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THE INTERIM CONSTITUTION OF NEPAL, <strong>2063</strong> (<strong>2007</strong>)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTS*(6) <strong>The</strong> Speaker shall notify the Assembly if the vacant seat <strong>of</strong> any member isfilled by nomination according to clause (5) <strong>of</strong> Article 45 and inform it aboutthe removal <strong>of</strong> the name <strong>of</strong> the member from the relevant part <strong>of</strong> Schedule 2 andthe adding <strong>of</strong> the name <strong>of</strong> the nominated member in alphabetical order. If theLegislature-Parliament is not in session such notice shall be put on the noticeboard <strong>of</strong> the Legislature-Parliament. <strong>The</strong> name <strong>of</strong> the nominated member shallbe deemed to be included in the relevant part <strong>of</strong> Schedule 2 after the proceduresspecified in this clause are completed.* Added on 2064 Paush 13 (28 December <strong>2007</strong>) by the <strong>Interim</strong> <strong>Constitution</strong> <strong>of</strong> <strong>Nepal</strong> (Third Amendment)46. Qualifications for membershipIn order to be a member <strong>of</strong> the Legislature-Parliament, a person must satisfy thefollowing qualifications(a) be a citizen <strong>of</strong> <strong>Nepal</strong>,(b) have attained at least twenty-five years <strong>of</strong> age,(c) be committed to the spirit <strong>of</strong> the peoples' movement,(d) not be holding any <strong>of</strong>fice <strong>of</strong> pr<strong>of</strong>it.Explanation: For the purpose <strong>of</strong> sub-clause (d), "<strong>of</strong>fice <strong>of</strong> pr<strong>of</strong>it" means anyposition, other than a political position, filled by election or nomination, forwhich remuneration or economic benefit is paid out <strong>of</strong> a Government Fund.47. Decision as to disqualification <strong>of</strong> membersIf a question arises as to whether a member <strong>of</strong> Legislature-Parliament isdisqualified or has ceased to possess any <strong>of</strong> the qualifications set out in Article46, the final decision shall be made by the Legislature-Parliament.48. Vacation <strong>of</strong> seat<strong>The</strong> seat <strong>of</strong> a member <strong>of</strong> the Legislature-Parliament becomes vacant in thefollowing circumstances(a) if he/she resigns in writing,(b) if he/she does not have the qualifications specified in Article 46,(c) if the party he/she represented gives notice that he/she is no longer inthe party,(d) if the tenure <strong>of</strong> the Legislature-Parliament expires, or(e) if he/she dies.49. OathEach member <strong>of</strong> the Legislature-Parliament shall, before taking part for the firsttime in the Legislature-Parliament meeting, take an oath in the specified form.110

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