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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 AMENDMENTS145. National Defence Council(1) <strong>The</strong>re shall be a National Defence Council in order to recommendations tothe Council <strong>of</strong> Ministers on mobilization, operation and use <strong>of</strong> the <strong>Nepal</strong>Army consisting <strong>of</strong> the following Chairperson and members:-(a) Prime Minister- Chairperson(b) Defence Minister- Member(c) Home Minister- Member#(d) Three ministers designated by thePrime Minister representing three different politicalparties from among the parties in the Council <strong>of</strong>Ministers - MemberProvided that if there are fewer than three political parties represented inthe Council <strong>of</strong> Ministers, designation <strong>of</strong> representatives from fewer than threeparties shall not be barred.(2) In case the Prime Minister and the Defence Minister are the same person,the senior-most member <strong>of</strong> the Council <strong>of</strong> Ministers shall be a member <strong>of</strong> theNational Defence Council.(3) If the National Defence Council considers it necessary, it may invite otherpersons to the meeting <strong>of</strong> the Council.(4) <strong>The</strong> Secretary <strong>of</strong> the Ministry <strong>of</strong> Defence shall work as the Secretary <strong>of</strong> theNational Defence Council, and, in his/her absence, the <strong>of</strong>ficer designated bythe Prime Minister shall carry out such work.(5) Except in the case <strong>of</strong> mobilization <strong>of</strong> the <strong>Nepal</strong> Army because <strong>of</strong> naturalcalamities, the decision made by the Council <strong>of</strong> Ministers <strong>of</strong> the Government <strong>of</strong><strong>Nepal</strong> for the mobilization <strong>of</strong> the army shall be presented to a special committeeprescribed by the Legislature-Parliament within a month <strong>of</strong> the decision, andbe approved accordingly.(6) <strong>The</strong> National Defence Council may regulate its own working procedures.# Amended on 2065 Ashad 28 (July 12, 2008) by the <strong>Interim</strong> <strong>Constitution</strong> <strong>of</strong> <strong>Nepal</strong> (FifthAmendment) Act, 2065. Originallyread: (d) Three ministers designated by the Prime Minister - Members230

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