Ordinance promulgated without withdrawing the bill from Parliament

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Ordinance promulgated without withdrawing the bill from Parliament

The bill sent by the House of Representatives to the parliamentary committee for quarterly discussion was not returned and the government brought an ordinance covering the contents of the bill. The ordinance recommended by the government was issued by President Ramchandra Paudel on Monday.

Among the four bills issued by President Paudel is the 'Financial Procedures and Financial Responsibility (First Amendment) Ordinance, 2081'. However, the 'Economic Procedures and Fiscal Responsibility (First Amendment) Bill, 2081' is also under consideration in the House of Representatives. The bill was registered in the House of Representatives on July 32. The House of Representatives sent the bill to the Finance Committee for discussion on August 18. 

The spokesperson of the Federal Parliament Secretariat, Ekram Giri, said that there is no practice of bringing ordinances that match the subject of the bill under consideration in the Parliament. It is a parliamentary practice to withdraw a bill only if the house allows it based on the letter sent by the minister concerned. It is the sovereign right of the House to decide whether to withdraw the Bill. If there is opposition to the withdrawal of the bill, the Speaker of the House must allow the opposing MP to speak and the House of Representatives rules that the proposal of opposition must be submitted to the House for decision. 

Deputy Prime Minister and Finance Minister Bishnu Paudel sent a letter to withdraw the said bill, but the ordinance was issued before the action was completed by the House of Representatives. "According to the decision of the Council of Ministers to withdraw the bill, although a letter has been received from the Minister of Finance, the process of the House of Representatives is still pending," Giri said, "Now the committee will give a report on the bill to the Assembly according to the letter of the Minister of Finance, and a proposal to withdraw the bill will be presented by the proposer of the bill and the Assembly will make a decision. 

According to Rule 122 of the Rules of the House of Representatives, if the presenter (minister) wants to withdraw the bill, he must notify the House one day in advance. It is stated in sub-rule 2, "If a proposal is presented for the withdrawal of a pending bill, the relevant committee shall submit a report on the matter in the meeting." In this way, after receiving the report of the bill, the minister shall submit the proposal to withdraw the bill with the permission of the speaker. 

Chairman of the Finance Committee Santosh Chalise said that the provisions in the bill and the ordinance have yet to be seen. He also said that if the bill is urgently needed, a report can be prepared after a quarterly discussion within 1 month. Chairman Chalise said that there was no talk from the government to pass the bill quickly. "Now we have prepared to discuss this bill on a quarterly basis," he said.

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