Industry, Commerce, Labour and Consumer Interest Committee 2074

Introduction to committee:

                  As declared by the Constitution of Nepal of federal democratic republic parliamentary governance system, a bi-cameral legislature in the union and unicameral legislature system in the province is in place. In union, there are two Houses consisting of the House of the Representatives and the National Assembly. Since the theory of separation of power requires dividing state power into different organs instead of limiting into one organ, there have been usages of dividing state power into separate organs of a state such as legislature, executive and judiciary. This protects people’s sovereignty, legal right and freedom, Since the legislature  works as the representatives of people, it plays important role in causing the executive, judiciary, constitutional bodies and other government bodies to work in people's interest and to make accountable them to people. The House of the Representatives, which is one of the important organs of the federal parliament provided for in the Constitution, has the major role to play in protecting the  values and norms of the democratic system, establishing rule of law, guaranteeing good governance and  protecting the right and interest of people.

                  There has been usage of constituting different parliamentary committees from amongst the members of parliament in order to make the work of parliament systematic, smart, efficient and effective and to debate and discuss all matters of governance mechanism. In pursuance of  the said usage, article 97 of the Constitution of Nepal also incorporates provision enabling federal parliament to constitute parliamentary committees. Pursuant to rule 169 of the House of the Representatives Rules, 2018, thematic committees and special committees under the House of the Representatives may be formed subject to the Constitution of Nepal to render assistance to the regular functions of the House of the Representatives. Likewise, rule 170 of the Rules envisages different thematic committees to make the Government of Nepal accountable and responsible to the House of the Representatives and to provide necessary direction or opinion, advice after monitoring and evaluating the act and activities carried out by the government. Out of these committees, industry and commerce as well as labor  and consumer interest relations committee is also one of the thematic committees. This committee has been working   with concentration on the matters of industry, commerce, and labor and consumer interest.

3.Jurisdiction of  Committee

As provided under rule 170 of the House of the Representatives Rules, 2018, the name and jurisdiction of different thematic committees, the jurisdiction of the industry and commerce as well as laborand consumer interest relations committee is as follows:-

• Ministry of Industries ,Commerce and Supplies,
• Ministry of Labor, Employment and Social Security,
• Concerning consumer interest.

       4.Constitution of  committee

        As per rule 172 of  the House of the Representatives Rules, 2018, the  Speaker may, with the leave of the House of the Representatives, nominate not more than 27 members,  except the ex-officio members, on the basis of proportional representation . At present, this committee comprises of 24 members.  Except a minister, a member could not become member of more than one thematic committee simultaneously. The Prime minister is the ex-officio member of all committees and the minister concerned with the jurisdictions of the committee is the ex-officio member of the concerned committee.

5. Election of Chairperson

        Election of the chairperson of the committee shall be   held on the day fixed by the Speaker. The members of the committee choose the chairperson from among themselves. If there are more than one members the candidates of the chairperson, the member who secures a majority is elected to the office of chairperson and if there is only one candidate of the chairperson the  candidate is elected unopposed to the office of the chairperson . The member presiding the committee shall have no voting right. In case of tie of votes, the presiding member casts a decisive vote. An ex-officio member shall have voting right   in only one of the committees to which s/he is a member. An ex-officio member who is not a member of the House of the Representatives shall have no voting right. No minister shall be entitled to be elected as chairperson and preside over meeting of the committee. When there is no chairperson or the office of chairperson is vacant, the eldest member from among the committee members present shall preside over the meeting.

6. Quorum

        For the quorum of meeting of the committee to constitute, fifty one percent of the then number of members of the committee must be present. If no quorum is constituted in a meeting of the committee, the chairperson of the committee may defer the meeting for latter time or suspend or postpone the work of the meeting until the quorum is constituted. The meeting may take place for the third time if at least one fourth members are present.           

 7.  Power of Chairperson

• to call the meeting of the committee as required,
• to adjourn the meeting of the committee,
• to recommend to remove from the committee a member who remains absent in five consecutive  meetings of the committee without the leave of the chairperson,
• to cast a decisive vote in case of tie of votes,
• to constitute sub-committee for conducting internal proceedings,
• to shorten discussion of the committee if the discussion is unnecessarily protracted,
• to maintain order and discipline in the committee,
• may seek assistance from the legal advisor or legal expert on legal issues.

8.  Meeting of  committee

                   The chairperson of the committee calls the meeting of the committee as required. However, where the meeting of the committee is in recess, if one fourth members of the committee request in writing to  the chairperson with agenda for discussion that it is appropriate  to call the meeting, the chairperson has to fix within five days the date and time for meeting. The chairperson presides over the meeting of the committee and in his/her absence, the member chosen from amongst the members themselves shall preside over the meeting of the committee. Where the person chosen by the members has presided over the meeting, the Speaker shall be   informed of the same.  While presiding over a meeting, such a member may exercise all the powers vested in the chairperson of the committee. If a meeting of the committee or sub-committee requires to be held outside the precincts of the parliament building, the chairperson shall seek a written permission of the Speaker .

9.  Decision of   committee and certification of decision:

                    The decision of a majority of the members present in the meeting shall be deemed to be the decision of the committee, and in case of tie of votes, the chairperson shall caste a decisive vote. The decision of the meeting of the committee shall be certified by the chairperson and the secretary.

                   10. Formation of sub-committees

                   The committee may form a sub-committee from among the members of the committee to carry out the internal   work and activities of the committee or to submit a report, after studying, on the subjects within the jurisdiction of the committee. In so forming a sub-committee, the tasks of the sub- committee and the time limit for completion of such tasks must be specified.

 Report of   committee:

                   The chairperson or, in his/her absence, any other member of the committee designated by the Speaker, shall present the report of the committee to the sitting.  The concerned minister shall have to execute the report presented to the sitting. The committee may present a report to the sitting after monitoring and evaluating whether its annual report is executed or not. The annual report of the committee is to be presented before the annual estimates is presented and other report may be presented at any time .

Secretariat of  committee                

                   There is a secretariat for each committee under the federal Secretariat. The   federal Secretariat may depute staff required for the committee.