Ordinance promulgated without withdrawing the bill from Parliament

When the bill is under consideration in the parliament, it is not usually practiced to bring an ordinance. However, according to the decision of the Council of Ministers regarding the withdrawal of the Economic Procedure and Financial Responsibility Bill, a letter has been received from the Finance Minister - Giri, Spokesperson of the Parliament Secretariat

Poush 29, 2081

Jaya Singh Mahara

Ordinance promulgated without withdrawing the bill from Parliament

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The government is waiting for its turn to be discussed in the parliamentary committee on the bill registered in the parliament. The bill sent by the House of Representatives to the committee for quarterly discussion has not been returned, but the government has introduced an ordinance. That ordinance has also been issued by the President.

According to the Spokesperson of the President's Office, Shailaja Regmi Bhattarai, among the four bills issued by President Paudel is the 'Financial Procedures and Fiscal Responsibility (First Amendment) Ordinance, 2081'. However, the 'Economic Procedures and Financial Responsibility (First Amendment) Bill, 2081' is under consideration in the House of Representatives. The bill was sent by the House of Representatives to the Finance Committee for quarterly discussion on 2081 Bhadra 18. This bill was registered in the House of Representatives on July 32.

Santosh Chalise, Chairman of the Finance Committee of the House of Representatives, said that there was no word from the government that the bill should be passed quickly. The government did not say anything about the need to speed up this bill. We have now prepared to discuss this bill on a quarterly basis,' he said. Chairman Chalise also said that the arrangements in the bill and the ordinance have yet to be seen when the ordinance has come. He also said that if the bill is urgently needed, a report can be prepared after a monthly discussion within 1 month. 

The spokesperson of the Federal Parliament Secretariat, Ekram Giri, said that when the bill is pending in the parliament, it is not a practice to bring an ordinance that matches the same subject. "When the bill is under consideration in the parliament, it is not usually practiced to bring an ordinance," said Giri, "although a letter has been received from the finance minister according to the decision of the council of ministers regarding the withdrawal of the economic procedure and financial responsibility bill."

Deputy Prime Minister and Finance Minister Bishnu Paudel sent a letter to withdraw the said bill, but the ordinance was issued by the House of Representatives even though the action according to the said letter had not been completed. There is a parliamentary practice of withdrawing the bill only if the house gives permission based on the letter sent by the minister to withdraw the bill. The Financial Procedures and Financial Responsibility (First Amendment) Bill is under consideration in the House of Representatives' Finance Committee. A letter has been received from the finance minister. The process of the House of Representatives for withdrawal remains pending. Now the committee will report to the House of Representatives according to the Finance Minister's letter about the bill and a return proposal will be presented by the bill presenter. "There is a provision in the regulation that the proposal presented by the member presenting the bill will be submitted to the assembly for decision and will be according to the assembly's decision," Giri said. It is the sovereign right of the House to decide whether to withdraw the Bill or not. 

Rule 122 of the Rules of the House of Representatives mentions the process of withdrawing the bill. If the bill is to be withdrawn, the presenter (minister) has to notify the House one day in advance. It is stated in the sub-rule 2, 'When the bill is under consideration in the relevant committee, if a proposal is presented for permission to withdraw the bill, the relevant committee will submit the report of the same in the meeting.' After receiving the report of the bill, the minister will submit a motion to withdraw the bill with the permission of the Speaker.

If there is an opposition to the withdrawal of the bill, the Speaker of the House must allow the MP to speak and the proposal of that opposition must be submitted to the House for decision.  

In the House of Representatives Rules, 2079, the process by which a bill can be withdrawn is as follows: Ordinance to amend some Nepal Acts related to promotion of good governance and public service delivery, Privatization (First Amendment) Ordinance and Ordinance to amend some Nepal Acts related to improvement of economic and business environment and promotion of investment . The meeting of the Council of Ministers recommended five ordinances. Among them, the President stopped

Ordinance promulgated without withdrawing the bill from Parliament

'an ordinance to amend some Nepalese laws related to land'  . The President's Office has informed that it has been stopped because it needs to study more about the arrangements to be made through the ordinance. 

Jaya

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