KATHMANDU, Sept 10: In light of delays in drafting regulations causing problems in law enforcement, a committee of the House of Representatives (HoR) has submitted a bill with the report to the House, including a provision that requires regulations to be drafted within six months. The HoR’s Law, Justice, and Human Rights Committee finalized and submitted the bill report during Monday's meeting.
Parliament enacts laws, but when the concerned agencies fail to draft regulations and directives, the law cannot function effectively. Regulations and directives are what give structure and completeness to the framework of the law. Therefore, the committee has included such a provision in the bill related to legislative procedures.
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Parliament is preparing to pass this bill in its upcoming session on September 11. After being passed by the National Assembly, the bill was forwarded to the House of Representatives. Once passed by the House of Representatives, it will be sent back to the National Assembly. The committee amended Clause 14 of the bill, setting a six-month deadline to issue such laws. The bill proposed by the government had originally included a provision requiring delegated legislation to be formulated within a reasonable timeframe.
According to the bill report, the regulations, orders, formation orders, bylaws, directives, procedures, and standards that need to be formulated under any primary law must be completed within six months. There have been instances where delegated laws have been enacted with more authority than originally granted, and laws have been re-delegated after initial delegation. Once this bill is passed, re-delegation of authority will not be permitted after the initial delegation.
The bill report specifies that delegated laws cannot include provisions for establishing and managing funds, economic liabilities from accumulated or other government funds, determining or removing offenses, and setting penalties. It also prohibits including matters related to taxation, such as imposing, collecting, lowering, increasing, or repealing taxes, as well as the formation of judicial or quasi-judicial bodies and subjects specified by the constitution. These matters should not be included in regulations, procedures, or other related documents.
Similarly, according to the bill report, the Ministry of Law is required to submit the priority list of bills by mid-July. This provision is made as part of the arrangement to provide parliament with an annual list of laws to be enacted.