Kathmandu, August 27

The Ministry of Law, Constituent Assembly and Parliamentary Affairs (MoLCAPA) has allayed fears of possible closure of the National Authority for Reconstruction (NAR) citing deferral in endorsement of the Reconstruction Bill would not lead to automatic termination of NAR.

Earlier, there was doubt on whether NAR would be able to continue its operation after August 28 due to delay in parliamentary approval of the Ordinance on Reconstruction of Structures Damaged by the Earthquake.

As per the Interim Constitution, Ordinances must be endorsed by Parliament within 60 days of commencement of Legislature-Parliament’s session. Failure to do so would automatically make those Ordinances ineffective.

Since the latest parliamentary session had begun on June 30, the 60-day deadline is expiring on August 28. Although there is still a day left for the expiry of the deadline, many had doubts about passage of the Ordinance as the Parliament is in recess till August 31. So, they held the view that the only way to save NAR was to call an emergency meeting of Parliament within August 28.

However, the MoLCAPA has said Parliament session of July 4 has already endorsed the Ordinance. Based on this approval, Supplementary Bill on Reconstruction of Structures Damaged by the Earthquake was registered at Parliament for endorsement on July 26.

“Since no one has the authority to render Supplementary Bill ineffective, rumours on possible termination of NAR are baseless,” MoLCAPA Spokesperson Tek Prasad Dhungana told The Himalayan Times. He, however, said delay in endorsement of the Bill could create a vacuum, raising questions on legal validity of NAR.

“But that problem could be solved by adding a ‘saving and repeal’ section in the Bill. That section should mention any power or authority exercised by NAR by referring to the Ordinance would have legal validity,” said Dhungana, adding, “It is not a new practice to incorporate such provisions in the Bills.”

Earlier in 2006, when the Companies Ordinance was being converted into Companies Act, the country had faced a similar problem. And it was solved by adding a ‘saving and repeal’ section.

Section 188 of the Companies Act, among others, states: With the Companies Ordinance 2005 being inoperative, the inoperativeness shall not affect anything duly done or any punishment suffered as per the Ordinance, and any such legal proceeding or remedy may be instituted, continued or enforced as if the Ordinance were in force.

The government had expeditiously introduced the Ordinance on Reconstruction of Structures Damaged by the Earthquake ahead of the June 25 International Conference on Nepal’s Reconstruction.

This had paved the way for establishment of NAR — a powerful body to lead and monitor works related to rehabilitation and reconstruction in the aftermath of the devastating earthquakes of April and May.

On August 13, the government had appointed Govind Raj Pokharel, vice chairman of the National Planning Commission, as NAR’s chief executive.