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Article 273
Emergency Provisions
: (1) In the event of a serious crisis in the sovereignty, geographical integrity or security of any part of Nepal due to war, external attack, armed rebellion, extreme economic disruption, natural disaster or epidemic, the President shall issue Emergency Provisions to be applicable throughout Nepal or in a specific area of Nepal. Can announce the situation or issue an order.
(2) Notwithstanding anything written in sub-section (1), if a serious crisis arises in a province due to a natural disaster or epidemic, the concerned provincial government may request the Government of Nepal to declare a state of emergency or issue an order in accordance with this article in the province or any part of the province.
(3) The declaration or order made in accordance with sub-section (1) shall be submitted to both houses of the Federal Parliament for approval within one month from the date of such declaration or order.
(4) If the declaration or order submitted for approval in accordance with sub-section (3) is approved by a majority of at least two-thirds of the total number of members immediately existing in both houses of the Federal Parliament, it shall remain in force for three months from the date of such declaration or order.
(5) If the declaration or order submitted for approval in accordance with sub-section (3) is not approved in accordance with sub-section (4), it shall automatically become inactive.
(6) Notwithstanding anything else written in this section, the condition under sub-section (1) shall still exist. (4) A proposal to extend the period of emergency declaration or order may be submitted to the Federal Parliament before the expiry of the period of three months.
(7) If the proposal according to sub-section (6) is passed by at least two-thirds majority of the total number of members in both houses of the Federal Parliament immediately, the declaration or order of the state of emergency shall remain in force for the period mentioned in such proposal.
(8) In the event that the House of Representatives is dissolved, the National Assembly shall exercise the powers exercised by the Federal Parliament in accordance with clauses (3), (4), (6) and (7).
(9) After declaring or ordering a state of emergency in accordance with sub-section (1), the President may issue necessary orders to remedy such state. Jar like thatThe order will be enforced as long as the emergency situation remains.
(10) According to sub-section (1) when a declaration or order is issued during a state of emergency, the fundamental rights stipulated in Part-3 may be suspended for as long as such declaration or order remains in force. But clauses (c) and (d) of sub-section (2) of section 16, clauses (c) and (d) of sub-section (2) of section 17, sub-section (2) of section 19, section 20, 21, 22, 24, sub-section (1) of section 26, 29 , 30, 31, 32, 35, 36 sub-sections (1) and (2), 38, 39, 40 sub-sections (2) and (3), 41, 42, 43, 45 and the right to constitutional remedies under section 46 and The right to receive the remedy of detention will not be suspended.
(11) In case any article of this constitution is suspended according to sub-section (10), no application can be made in any court for the enforcement of the fundamental rights provided by that article or any question can be raised in any court in this regard.
(12) In the event that a declaration or order according to this section is in effect, if an official has done something maliciously and has suffered any kind of damage, the victim may claim compensation for the damage caused to him within three months from the date of expiry of such declaration or order. If there is such a claim, the court can pay the compensation and punish the perpetrator according to the federal law.
(13) The President may withdraw the declaration or order under this section at any time.
(2) Notwithstanding anything written in sub-section (1), if a serious crisis arises in a province due to a natural disaster or epidemic, the concerned provincial government may request the Government of Nepal to declare a state of emergency or issue an order in accordance with this article in the province or any part of the province.
(3) The declaration or order made in accordance with sub-section (1) shall be submitted to both houses of the Federal Parliament for approval within one month from the date of such declaration or order.
(4) If the declaration or order submitted for approval in accordance with sub-section (3) is approved by a majority of at least two-thirds of the total number of members immediately existing in both houses of the Federal Parliament, it shall remain in force for three months from the date of such declaration or order.
(5) If the declaration or order submitted for approval in accordance with sub-section (3) is not approved in accordance with sub-section (4), it shall automatically become inactive.
(6) Notwithstanding anything else written in this section, the condition under sub-section (1) shall still exist. (4) A proposal to extend the period of emergency declaration or order may be submitted to the Federal Parliament before the expiry of the period of three months.
(7) If the proposal according to sub-section (6) is passed by at least two-thirds majority of the total number of members in both houses of the Federal Parliament immediately, the declaration or order of the state of emergency shall remain in force for the period mentioned in such proposal.
(8) In the event that the House of Representatives is dissolved, the National Assembly shall exercise the powers exercised by the Federal Parliament in accordance with clauses (3), (4), (6) and (7).
(9) After declaring or ordering a state of emergency in accordance with sub-section (1), the President may issue necessary orders to remedy such state. Jar like thatThe order will be enforced as long as the emergency situation remains.
(10) According to sub-section (1) when a declaration or order is issued during a state of emergency, the fundamental rights stipulated in Part-3 may be suspended for as long as such declaration or order remains in force. But clauses (c) and (d) of sub-section (2) of section 16, clauses (c) and (d) of sub-section (2) of section 17, sub-section (2) of section 19, section 20, 21, 22, 24, sub-section (1) of section 26, 29 , 30, 31, 32, 35, 36 sub-sections (1) and (2), 38, 39, 40 sub-sections (2) and (3), 41, 42, 43, 45 and the right to constitutional remedies under section 46 and The right to receive the remedy of detention will not be suspended.
(11) In case any article of this constitution is suspended according to sub-section (10), no application can be made in any court for the enforcement of the fundamental rights provided by that article or any question can be raised in any court in this regard.
(12) In the event that a declaration or order according to this section is in effect, if an official has done something maliciously and has suffered any kind of damage, the victim may claim compensation for the damage caused to him within three months from the date of expiry of such declaration or order. If there is such a claim, the court can pay the compensation and punish the perpetrator according to the federal law.
(13) The President may withdraw the declaration or order under this section at any time.