Section 5
Procedure For Authentication Of Ordinance
5. Procedure for authentication of ordinance
: (1) After a decision is made by Council of Ministers to issue an ordinance in accordance with
Clause (1) of Article 88 of the Interim Constitution of Nepal, 2063 (2007), the Ministry of Law and Justice shall prepare Three copies of the draft of such an ordinance in the Nepali paper.
(2) The draft of ordinance prepared pursuant to Sub-section (2) shall
be signed with the signature of the following office-bearer.
(a) The Prime Minister,
(b) Concerned departmental Minister,
(c) Minister for Law and Justice,
(d) Chief Secretary, Government of Nepal, and
(e) Secretary at the Ministry of Law and Justice.
(3) The Ministry of Law and Justice shall send the draft of ordinance
signed pursuant to Sub-section (2) to the Office of Prime Ministers and
Council of Minister, and the Office of Prime Minister and Council of
Minister shall submit such a draft to the President for authentication.
(4) An ordinance submitted pursuant to Sub-section (3) shall become
authenticated when the President sign the copies of the draft of ordinance,
mentioning the date thereof.
(5) After an ordinance is authenticated pursuant to Sub-section (4),
the ordinance shall apply as if it were an Act.
(6) After an ordinance is authenticated pursuant to Sub-section (4),
out of such authenticated copies, one copy shall be retained in the Office of
President, and, out of the other copies, one copy each shall be sent to the
Office of Prime Minister and Council of Ministers and the Ministry of Law
and Justice, and each such office shall safely retain the authenticated copy
so received.
(7) Based on the authenticated text received pursuant to Sub-section
(6), the Secretary at the Ministry of Law and Justice shall publish the
ordinance, mentioning the date of authentication, in the Nepal Gazette.
: (1) After a decision is made by Council of Ministers to issue an ordinance in accordance with
Clause (1) of Article 88 of the Interim Constitution of Nepal, 2063 (2007), the Ministry of Law and Justice shall prepare Three copies of the draft of such an ordinance in the Nepali paper.
(2) The draft of ordinance prepared pursuant to Sub-section (2) shall
be signed with the signature of the following office-bearer.
(a) The Prime Minister,
(b) Concerned departmental Minister,
(c) Minister for Law and Justice,
(d) Chief Secretary, Government of Nepal, and
(e) Secretary at the Ministry of Law and Justice.
(3) The Ministry of Law and Justice shall send the draft of ordinance
signed pursuant to Sub-section (2) to the Office of Prime Ministers and
Council of Minister, and the Office of Prime Minister and Council of
Minister shall submit such a draft to the President for authentication.
(4) An ordinance submitted pursuant to Sub-section (3) shall become
authenticated when the President sign the copies of the draft of ordinance,
mentioning the date thereof.
(5) After an ordinance is authenticated pursuant to Sub-section (4),
the ordinance shall apply as if it were an Act.
(6) After an ordinance is authenticated pursuant to Sub-section (4),
out of such authenticated copies, one copy shall be retained in the Office of
President, and, out of the other copies, one copy each shall be sent to the
Office of Prime Minister and Council of Ministers and the Ministry of Law
and Justice, and each such office shall safely retain the authenticated copy
so received.
(7) Based on the authenticated text received pursuant to Sub-section
(6), the Secretary at the Ministry of Law and Justice shall publish the
ordinance, mentioning the date of authentication, in the Nepal Gazette.