Key Benefits:
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THE NATIONAL COUNCIL ACT OF THE KINGDOM
OF BHUTAN 2008 (Consolidated)
Preamble
Whereas, the Constitution of Bhutan requires that there shall be a
Parliament for Bhutan in which all legislative powers under the
Constitution are vested and which shall consist of the Druk Gyalpo,
the National Council and the National Assembly;
Whereas, the National Council, as a House of Review of Parliament,
shall ensure that the Government safeguards the interests of the nation
and fulfills the aspirations of the people through public review of
policies and issues, Bills and other legislation, and scrutiny of State
functions;
Whereas, the National Council shall be established as a principal
apolitical institution of a vibrant democracy that shall promote the
wellbeing of the people while safeguarding the security and
sovereignty of the Kingdom with integrity and credibility;
Parliament of Bhutan do hereby enact the National Council Act of the
Kingdom of Bhutan at its First Session as follows:
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Chapter 1
Preliminary
Short Title, Commencement and Extent
1. This Act shall:
(a) Be called THE NATIONAL COUNCIL ACT OF THE
KINGDOM OF BHUTAN, 2008;
(b) Come into force on the 11 th
Day of the 6 th
Month of
the Male Earth Rat Year of the Bhutanese Calendar
corresponding to the 12 th
Day of the 8 th
Month of
2008; and
(c) Extend to the whole of Bhutan.
Repeal
2. This Act shall hereinafter repeal all other laws in relation to the Royal Advisory Council.
Chapter 2
The National Council
3. There shall be a National Council for Bhutan in which, as one of the highest legislative bodies, all legislative powers under
the Constitution are vested.
4. The National Council shall consist of twenty-five members, twenty of whom shall be elected by the voters in each of the
twenty Dzongkhags and five of whom shall be eminent
persons nominated by the Druk Gyalpo.
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5. The election of the members of the National Council shall be governed by the provisions of the Election Act of the
Kingdom of Bhutan.
The Independent Mandate
6. The National Council shall not be bound by voters or interest groups and shall function in a non-partisan manner in their
Parliamentary work.
Functions
7. The National Council shall ensure that the Government safeguards the interests of the nation and fulfills the
aspirations of the people through public review of policies and
issues, Bills and other legislation, and scrutiny of State
functions.
8. The National Council shall act as the House of review on matters affecting the security and sovereignty of the country
and the interests of the nation and the people that need to be
brought to the notice of the Druk Gyalpo, the Prime Minister
or the National Assembly.
9. In exercising its legislative function, the National Council shall:
a) Initiate or prepare legislation except Money Bills and Financial Bills;
b) Review and amend existing laws; and
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c) Consider, pass, amend or reject any legislation passed by the National Assembly in accordance with the
provisions of this Act
10. In exercising its review function, the National Council shall:
a) Review and comment on the policies, plans and programmes of the government;
b) Review performance of the government;
c) Review implementation of resolutions and laws; and
d) Review issues of national importance.
Term of the Council
10A. The National Council shall be a continuous House and shall not
be dissolved at any time.
11. The National Council shall continue for five years from the date of the first sitting of the National Council.
Re-constitution
12. The National Council elections shall be held so the House is re-constituted on the date of expiry of its term.
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Chapter 3
Members of the National Council
Qualifications of Members
13. A person shall be qualified to be elected as a Member of the National Council, if he:
(a) Is a citizen of Bhutan as evidenced by the citizenship
identity card;
(b) Is a registered voter of that constituency;
(c) Is of the minimum age of twenty five years and
maximum of sixty-five years at the time of filing the
nomination;
(d) Possesses a formal university degree.
14. No person shall be a member of the National Council as well as the National Assembly or a Local Government at the
same time.
15. A member of the National Council shall not belong to any political party.
15A. A member of the National Council intending to participate in
the next National Council elections shall not be required to
resign and may contest while in office.
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Disqualifications of Members
16. A member of the National Council is liable to be disqualified, if during his tenure he:
a) Marries a person who is not a citizen of Bhutan;
b) Is in arrears of taxes or other dues to government;
c) Holds any office of profit as prescribed under the Election Act of the Kingdom of Bhutan;
d) Indulges in activities that are in breach of his duties and misuses his office for personal gains;
e) Is guilty of persistent unruly behaviour in the National Council;
f) Indulges in activities with a patent bias in the discharge of his functions;
g) Remains absent without permission of the National Council for more than one-fourth of the number of
days in a session;
h) Commits willful violation of the laws of the country;
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i) Brings disrepute to the National Council by his personal conduct; OR
j) Persistently contravenes the Code of Conduct as laid down under this Act.
Decision on Disqualification
17. A person declared ineligible under section 16 shall not be elected and returned as a member of the National Council.
18. The disqualification of a member under this Act shall be decided only upon a resolution passed by the National
Council on a petition addressed to the Chairperson. If the
member concerned is the Chairperson, the petition shall be
addressed to the Deputy Chairperson.
19. Any disqualification under this Act shall be adjudicated by the High Court on an election petition with a right of appeal
to the Supreme Court. A member shall not stand for
election, while his disqualification is under appeal.
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Resignation
20. Any person holding a seat in the National Council may resign through a declaration made in writing under the hand
and seal of that person before two witnesses. Such a
declaration shall be addressed and delivered to the
Chairperson either during a session or an interval between
two sessions of the National Council. If the member so
resigning is the Chairperson, the letter of resignation shall
be submitted to the Druk Gyalpo.
21. If a person holding a seat in the National Council tenders resignation of the seat in the manner provided under section
20 of this Act, such person is deemed to have vacated the
seat and ceases to be a member of the National Council.
22. A candidate elected to the National Council shall not tender resignation of the seat until a judgment is awarded to prove
the legality of the election in cases of electoral disputes.
22A. A member of the National Council shall not resign for the
purpose of participation in elections to the National
Assembly before the expiry of his or her term.
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Removal
23. Membership of the National Council shall be terminated upon violation of the provisions of this Act.
Vacancy
24. The seat of a member of the National Council shall become vacant upon:
(a) Resignation;
(b) Disqualification or removal;
(c) The expiration of the term of office; or
(d) Death.
Issue of writ in case of vacancy
25. Where a vacancy occurs in the National Council for any reason before the expiry of its term, the Chairperson shall
without delay on being informed of the vacancy by any
member of the National Council, address a warrant to the
Chief Election Commissioner for the issue of a writ for
elections to fill such vacancy or submit a letter to the Druk
Gyalpo in the case of nominated members, provided the
remainder of the term is not less than one hundred and
eighty days.
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26. The member elected or nominated under section 25 of this Act shall serve only the remaining term of office.
Duties
27. A member of the National Council shall serve the interest of the nation and the people at all times.
28. A member shall have the duty to be faithful and bear true allegiance to the Druk Gyalpo, His heirs and successors.
29. A member shall have the duty to be faithful and bear true allegiance to the Kingdom of Bhutan and to preserve,
protect and defend the Constitution and to uphold the laws
and act at all times in accordance with the public trust
placed upon him.
30. A member is obliged to attend the sessions of the National Council and its Committees and take active part in the issues
being raised in those fora.
Declaration
31. On assuming office and at the start of each year, a member shall inform the Secretariat in writing about his:
a) Bio-data and educational qualifications;
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b) Occupation, trade, profession or vocation;
c) Positions (whether remunerated or not) held in, or membership of corporations, associations or other
institutions and bodies;
d) Agreements pursuant to which, during or after his membership, a member is to be assigned certain
activities or granted pecuniary benefits; and
e) Activities pursued in addition to his occupation and mandate, in particular the delivery of expert
opinions, writing and lecturing.
32. A member shall declare his income, asset and liability and that of his spouse and dependents in accordance with the
guidelines contained in the Anti-Corruption Act of the
Kingdom of Bhutan.
33. Gifts of pecuniary value which a member receives in connection with his duties shall be governed by the rules
prescribed by the Anti-Corruption Commission.
34. Any reference as to whether a member has willfully contravened any provisions of section 31 of this Act shall be
made only on a written complaint lodged with the
Chairperson by any Bhutanese citizen and if it is against the
Chairperson, such complaint shall be lodged with the
Deputy Chairperson.
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Election Certificates
35. The elected members shall present their Certificates of Election to the Secretary General before the day on which
the National Council convenes for the first time following
an election.
36. Certificates submitted under section 35 of this Act shall be inspected by the Secretary General to determine whether it
has been issued by a competent official and whether it is in
the prescribed form.
37. Changes in the composition of the National Council shall be entered in the list to be maintained by the Secretariat.
Privileges and Immunities
38. Any member who has the right to speak or otherwise take part in the proceedings of the National Council or any
Committee thereof shall have the right to freedom of speech.
39. A member shall have the right to be provided with information by the Government and to inspect any official
document on any matter of relevance in the exercise of his
parliamentary mandates.
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40. A member of the National Council shall be immune from any inquiry, arrest, detention or prosecution on account of
any opinion expressed in the course of the discharge of his
functions or votes cast in the National Council or joint
sitting and no person shall be liable in respect of any report,
paper or proceedings made or published under the authority
of the National Council.
41. Without prejudice to the provisions of section 40 of this Act, a member shall not be prosecuted or arrested for an offence
when the National Council is in session, without first
informing the Chairperson.
42. The immunities under section 40 shall not cover corrupt acts by any member in connection with the discharge of his
duties or cover other acts of accepting money or any other
valuables in consideration to speak or to vote in a particular
manner.
43. A member of the National Council shall lose his right of immunity with the concurrence of not less than two-thirds of
the total number of members.
44. A member or officer of the National Council shall not be compelled to give evidence or produce documents in courts
of law, relating to the proceedings of the National Council
without the prior permission of the Chairperson.
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45. No legal process shall be served or arrest made within the precincts of the National Council without obtaining the
permission of the Chairperson, whether the National
Council is in session or not.
46. The National Council has the right to receive immediate information of the arrest, detention, bail, conviction,
imprisonment or release of a member from the concerned
authority.
Remuneration
47. The salary, allowances, benefits, and other emoluments for a member shall be as determined under the provisions of the
Parliamentary Entitlement Act of the Kingdom of Bhutan.
Chapter 4
Chairperson and Deputy Chairperson
Election of Chairperson and Deputy Chairperson
48. At the first sitting after any election, or when necessary to fill a vacancy, the National Council shall elect a Chairperson
and Deputy Chairperson from among its members.
49. The election of the Chairperson and Deputy Chairperson shall be conducted in accordance with the Rules of
Procedure framed under this Act.
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50. The Chairperson and Deputy Chairperson shall hold office until the expiration of the term of the National Council but
in the case of death, resignation or removal during the term
of the National Council, a new Chairperson or Deputy
Chairperson shall be elected without undue delay.
51. The Druk Gyalpo shall confer Dakyen to the Chairperson, by warrant under His hand and seal. The remaining
members of the National Council shall from their first sitting
after taking oaths of office and secrecy don the blue scarf
without fringe.
52. Whenever the Chairperson from illness or other cause finds it necessary to leave the chair during any part of the sitting
of the National Council, the Deputy Chairperson shall
preside over such sittings, until the Chairperson resumes the
chair.
53. During the unavoidable absence of the Chairperson or resignation thereof, the Deputy Chairperson shall preside
over sittings during such absence, until the Chairperson
resumes the chair or the National Council elects another
Chairperson.
54. The Deputy Chairperson presiding over the sittings during the period of the Chairperson’s absence shall enjoy the same
powers of the Chairperson. He shall also perform the duties
of the Chairperson and every such act performed by him
shall have the same effect and validity, as if the Chairperson
himself had performed the act.
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Powers of the Chairperson
55. The Chairperson shall conduct the sessions of the National Council and have the sole authority to call members to the
debate in accordance with the Rules framed under this Act.
56. During the deliberation, if discussions emerge, which may not be in accordance with the Rules of Procedure, the
Chairperson may stop the same or direct that the matter be
forwarded to the appropriate ministry.
57. A member shall obtain the leave of the Chairperson before addressing the National Council. The Chairperson shall
ensure that the member’s address is limited to the time limit
defined prior to the start of discussions on the issue or as
defined in the Rules of Procedure.
58. The Chairperson may intervene if a member, while addressing the Council, deviates from the subject matter.
59. The Chairperson may summon any person to attend the proceedings of the National Council for the purpose of
giving evidence, provide information or produce documents
in that person’s custody or control.
60. If the Chairperson is of the opinion that a member is deliberately contravening the provisions of this Act, or that a
member is in contempt of or is disregarding the authority of
the Chair, or that a member’s conduct is grossly disorderly,
the member shall be made to withdraw immediately from
such a sitting of the House.
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Removal of the Chairperson and Deputy Chairperson
61. The motion for the removal of the Chairperson or Deputy Chairperson shall be moved by not less than one-third of the
total members of the National Council.
62. The motion for removal, if passed by two-third of the total members of the National Council, shall require the
Chairperson to be removed by the Druk Gyalpo, and in the
case of the Deputy Chairperson, by the Chairperson.
Chapter 5
Sittings of the National Council
Summoning Order
63. The Chairperson shall inform the Druk Gyalpo on the date of commencement of every session before issuing the
Summoning Order.
64. The National Council shall assemble at least twice a year.
65. Whenever necessary, the Chairperson of the National Council shall convene an extraordinary sitting of the
National Council on the command of the Druk Gyalpo.
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66. During an extraordinary sitting, the National Council shall consider only those matters for which it has been convened
or otherwise have been presented to the National Council.
Oath or Affirmation
67. The day on which the National Council convenes for the first time following an election, the members in the order
specified in an announcement shall be administered oath or
affirmation.
68. The Chairperson and the members of the National Council shall take an Oath or Affirmation of Office as provided for
in the Third Schedule of the Constitution before assuming
their responsibilities.
69. The Chairperson and Deputy Chairperson of the National Council shall also take an Oath or Affirmation of Secrecy as
provided for in the Fourth Schedule of the Constitution
before assuming office.
Opening Ceremony of the National Council
70. At the commencement of each session of Parliament, the Druk Gyalpo shall be received in a joint sitting of
Parliament with Chibdrel Ceremony. Each session shall be
opened with a Zhug-drel-phunsum tshog-pai ten-drel.
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Address and Message by the Druk Gyalpo
71. The Druk Gyalpo may address or sit in the proceedings of the National Council as and when deemed expedient.
72. The Druk Gyalpo may send messages to the National Council. The National Council upon receiving the message
shall, as early as possible, consider the matter and submit its
opinion to the Druk Gyalpo.
Prorogation
73. Whenever the Chairperson finds it necessary to prorogue the session of the National Council, he shall announce a notice
to this effect.
Open Proceedings
74. The proceedings of the National Council shall be conducted in public. In the event of compelling necessity, the
Chairperson may however exclude the press and the public
from all or any part of the proceedings in the interests of
public order, national security or any other situation, where
publicity would seriously prejudice public interest.
Conclusion of the National Council
75. Each session of the National Council shall be concluded with Trashi mon-lam.
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Chapter 6
Conduct of Business
Language of Proceedings
76. The proceedings of the National Council shall be conducted in Dzongkha.
Examination of witness
77. An oath or solemn affirmation or declaration may be administered to a witness at the proceedings of the National
Council or any Committee thereof.
78. Any oath or solemn affirmation or declaration made under this Act shall be administered by the Chairperson or by such
person as may be appointed for that purpose either by the
Chairperson or by a standing order of the National Council.
Exclusion of Matters
79. Unless a matter is in contravention to an existing decision of Parliament or any law in force, the Chairperson shall not
refuse to take up such matter for consideration or voting.
Where the Chairperson refuses to take up any matter for
consideration or voting, he shall state the grounds for his
refusal in writing.
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80. The National Council shall not in its proceedings refer to any matter in relation to which legal proceedings are active
Attendance
81. Before taking his seat in the National Council, each member shall note his attendance in the Roll of Members.
82. A member remaining absent from the sittings of the National Council thereof must make an application in
writing to the Chairperson seeking the permission of the
National Council.
83. A deduction equivalent to a day’s daily allowances shall be made from the salary every time a member remains absent
during the sitting of the National Council without the
permission of the House for any reason including
suspension under this Act.
Order of Sitting
84. The members shall sit in such order and at such place as the Chairperson may determine.
Quorum
85. The presence of not less than two-thirds of the total number of members of the National Council shall constitute a
quorum for a sitting of the National Council.
86. Notwithstanding anything contained in Section 85, at least three-fourths of the total number of members must be
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present at the voting of a Bill, an amendment to a Bill or any
other question before the National Council.
87. If there is no quorum at any time during a meeting of the National Council, it shall be the duty of the Chairperson or
any person presiding in his absence, either to adjourn the
sitting of the National Council or to suspend the meeting
until there is a quorum.
Adjournment
88. The Chairperson shall announce the date of commencement and adjournment of the National Council.
89. The sitting of the National Council shall be determined by Rules of Procedure made in that behalf.
90. In case of any change in the day, time and programme of the sitting of the National Council, the Secretary General shall
serve notice to this effect to the members on the preceding
day.
Manner of Voting
91. Only members have a right to vote in the decisions of the National Council.
92. A member is entitled to one vote per proposal and the right to vote shall not be exercised by proxy.
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93. When debate has been formally concluded, the Chairperson shall present a summary of the proposal. If an objection is
offered to the summary and the Chairperson considers the
objection justified, he shall rectify the summary.
94. If there are several proposals for the decision, one shall be presented for voting against another, until all the proposals
have been thus voted on.
95. The Chairperson presiding over the proceedings of the National Council shall not vote in the first instance, but he:
(a) Shall cast a deciding vote when there is an equality of votes; and
(b) May cast a deliberative vote when a question must be decided with a supporting vote of at least two-
thirds of the members of the National Council.
Dissenting Opinion
96. Any member who does not concur with a decision shall have the right to enter his dissenting opinion in the minutes.
However, no further debate on such an opinion shall be
permitted.
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Protocol about absence
97. A member who was not present when the decision on a matter was made shall have the right to enter into the
minutes that he has not participated in the making of the
decision, but shall not have the right to object to the
decision.
Power of the National Council to Compel Attendance and
Production
97A. The National Council may at all times command and compel
the attendance before the National Council, or before any
Committee, of such persons and the production of such
papers and items as the National Council or Committee
deems necessary for any of its proceedings or deliberations.
97B. Whenever the National Council requires the attendance of any
person before the National Council or before any
Committee, the Chairperson may issue a warrant, directed
to that person named in the order of the House, requiring
the attendance of such person before the National Council
or Committee, and the production of such papers and items
as are ordered.
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Chapter 7
Passing of Bills
98. A Bill passed by both the National Council and the National Assembly shall come into force upon Assent of the Druk
Gyalpo.
99. Money Bills and financial Bills shall not originate in the National Council.
100. A Bill pending in the National Council shall not lapse by reason of the prorogation of the National Council.
101. A Bill shall be passed by a simple majority of the total number of members of the National Council.
Bills Originating in the National Council
102. A Bill shall be introduced by a member with the concurrence of the National Council.
103. Statements of Objects and Reasons, Memorandum regarding delegated legislation and Financial Memorandum whenever
necessary shall be appended to the text of the Bill and
submitted to the Secretariat.
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104. The opposition of the motion to introduce the Bill must be notified before the day on which the motion is included in
the agenda. The Chairperson may allow a member who
opposes the introduction of the Bill and the member who
introduced the Bill to make explanatory statements.
105. Once the Bill is introduced it shall be referred to the Legislative Committee for necessary opinion and
recommendations. The Chairperson of the Legislative
Committee shall submit the opinion and recommendation on
the Bill so scrutinized within the time prescribed. If the
member who introduced the Bill accepts any
recommendation of the Committee, he shall submit official
amendments.
106. After the member who introduced the Bill submits the recommendation of the Committee to the National Council,
the discussion on each clause takes place and members may
offer amendments to the clauses of the Bill which is put to
vote of the National Council, thereafter the member who
introduced the Bill shall move a motion that the Bill be
passed.
107. Where a Bill has been introduced and passed by the National Council, it shall present the Bill to the National
Assembly within 30 days from the date of passing.
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108. Where the Bill is subsequently passed by the National Assembly, the Bill shall be submitted to the Druk Gyalpo
for Assent within fifteen days from the date of passing such
Bill.
109. Where the National Assembly does not pass the Bill, it shall return it to the National Council with amendments or
objections for re-deliberation. If the Bill is then passed, it
shall be presented to the Druk Gyalpo for Assent within
fifteen days from the date of passing of such Bill.
110. Where the National Council refuses to incorporate such amendments or objections of the National Assembly, it shall
submit the Bill to the Druk Gyalpo, who shall then
command the Houses to deliberate and vote on the Bill in a
joint sitting.
111. Where the National Assembly neither passes nor returns the Bill by the end of the next session from the date of
presentation, the Bill shall be deemed to have been passed
by it and the National Council shall present the Bill within
fifteen days to the Druk Gyalpo for Assent.
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Bills Received from the National Assembly
112. Where a Bill has been presented to the National Council after it has been introduced and passed by the National
Assembly, the National Council may pass that Bill no later
than the next session of the National Council. In case of
Budget or Urgent Bills, they shall be passed in the ongoing
session of the National Council.
113. Where a Bill is subsequently passed by the National Council after it has been introduced and passed by the National
Assembly, the Bill shall be submitted to the Druk Gyalpo
for Assent within fifteen days from the date of passing such
Bill.
114. Where the National Council does not pass the Bill that has been introduced and passed by the National Assembly, the
National Council shall return it to the National Assembly
with amendments or objections for re-deliberation.
115. Where the National Assembly refuses to incorporate such amendments or objections of the National Council, it shall
submit the Bill to the Druk Gyalpo, who shall then
command the Houses to deliberate and vote on the Bill in a
joint sitting.
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116. Where the National Council neither passes nor returns the Bill by the end of the next session from the date of
presentation, the Bill shall be deemed to have been passed
by it.
Constitutional Amendment Bills
117. Notices of Constitutional Amendment Bills shall not be admitted if the Bill does not contain a title indicating that it
is a Constitutional Amendment Bill.
118. Parliament shall have the power to amend by way of addition, variation or repeal the provisions of the
Constitution. A motion to amend the Constitution shall be
initiated by a simple majority of the total number of
members of Parliament at a joint sitting and, on being
passed by not less than three-fourth of the total number of
members of Parliament, the Constitution shall stand
amended on Assent being granted by the Druk Gyalpo.
Budget and Annual Reports
119. The annual budget shall be presented to the National Assembly for discussion and after being passed by the
National Assembly, it shall be presented to the National
Council by the Finance Ministry.
120. The Royal Audit Authority and the Anti-Corruption Commission shall submit their Annual Reports to the
National Council.
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121. The National Council shall monitor and review the fiscal performance and position of the government in accordance
with the principles of fiscal sustainability and transparency.
Chapter 8
Parliamentary Devices
122. A member may secure an action sought by him through:
(a) Parliamentary initiative; (b) Motion; (c) Resolution; (d) Postulate; (e) Calling attention; (f) Interpellation; (g) Adjournment Motion ; and (h) Motion of censure.
Parliamentary initiative
123. A member of the National Council may either submit a Bill or general proposal seeking amendment of a section of law,
or a decision.
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124. The Chairperson shall notify the National Council of the receipt of government proposals and resolutions or
ministerial decisions presented for review by the National
Council and also notify the National Council of the
withdrawal of any such government proposals and
resolutions or ministerial decisions.
125. After the National Council admits introduction of a Bill or general proposal seeking amendment of a section of the law
or a decision, such Bill or general proposal seeking
amendment of a section of the law or decision is then
debated and put to vote of the National Council.
Motion
126. A motion shall be a formal proposal made by any member requesting the National Council to carry out an act, order an
act to be done or express an opinion with regard to some
matter.
Resolution
127. A resolution shall be a self contained, independent proposal by any member for the approval of the National Council.
Such a proposal must express the decision of the National
Council.
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Postulate
128. A postulate shall request the government to examine the necessity of a law, decision or a measure in a particular case.
Calling attention
129. The National Council may call the attention of a minister to any matter of urgent public importance.
Interpellation
130. A member shall question the Government during the Question Time, which shall be held such number of times
and for such duration during each session, as the National
Council deems expedient.
131. An interpellation requires the government to present an opinion either orally or in writing.
132. Any member of the National Council may submit a question orally or in writing worded in precise terms to the
Chairperson.
133. The question must refer to specific fields for which the government is responsible. It must be concise, brief and
must not contain subjective statements or evaluations.
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134. The Chairperson may admit the questions submitted under section 130 of this Act, if such questions are in accordance
with the Rules of Procedure made in that behalf.
135. The Chairperson shall give adequate time to the concerned ministry or organization, as the case may be, for furnishing
the reply to the questions.
136. A member requesting for an oral reply to a question must write the words “for oral reply” on the notice of the question
delivered to the Secretary General and if such words are not
noted on the question, it shall be placed on the list of
questions for written answers.
137. If the interpellator is not satisfied with the answer, he may, with the permission of the Chairperson call a debate in the
National Council, in which the appropriate authority of the
government shall participate.
Adjournment motion
138. The Adjournment Motion shall be moved by giving a written notice stating reasons for submitting the motion,
supported by not less than half of total members of the
National Council.
139. A motion for adjournment of the business of the National Council under section 138 of this Act shall be made with the
consent of the Chairperson.
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Motion of Censure
140. The National Council may challenge government policy through a motion of censure.
141. The motion of censure must be proposed by not less than half of the total number of members of the National Council.
142. The motion of censure may not be voted until 10 days after it has been submitted. During the first seven days of this
period, alternative motions may be submitted.
143. The motion of censure shall be deemed to have been passed by the National Council if passed by a two third majority of
the total number of the National Council.
144. If the National Assembly does not pass the motion of censure as passed by the National Council by a two third
majority, the same shall be null and void.
Chapter 9
Committees
145. The National Council may appoint Committees to carry out the business of the National Council.
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146. The rules of the National Council besides others shall provide for:
(a) The establishment, composition, powers, functions,
procedures and duration of its Committees; and
(b) Participation in the proceedings of the National
Council and its Committees, in a manner consistent
with the principles of the National Council Act of the
Kingdom of Bhutan.
Standing Committees
147. The National Council shall appoint Committees composed of members of the Council to examine any matter within the
jurisdiction assigned to them by the House and to carry out
any mandate given to them by the House.
Select or Ad hoc or Special Committees
148. If any matter cannot be resolved for want of adequate knowledge, a Committee may be constituted for this purpose
through a Standing Order or a Resolution passed by the
House specifying the Committee’s composition,
responsibilities, terms of reference and powers.
149. The Committee constituted under section 148 of this Act shall, as soon as may be, place before the National Council
its opinion and recommendation on the matter referred to it
and such opinion and recommendation shall guide the
National Council.
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Joint Committees
150. A Joint Committee composed of members from both Houses may be established by an Act of Parliament or by concurrent
resolution of both Houses.
Procedure in the Committees
151. Each Committee shall elect a Chairperson from amongst its members.
152. The members on a Committee shall be appointed by the Chairperson of the National Council with due consideration
being given to the suitability of the member to be on the
Committee.
153. The Committee shall work under the direction of the Chairperson of the National Council for such matters as the
National Council may from time to time refer.
154. During a period of prorogation of a session of the National Council or when the term of members of the Committee
expires, their membership shall continue for the purpose of
this Act until new members are appointed by the
Chairperson of the National Council.
154A. To enable the Committees to discharge their functions
efficiently and effectively, each committee shall be
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provided with a Committee Secretary, a Legal Assistant,
and a Draftsperson with adequate equipments and
befitting office space.
155. A member of a Committee having personal or pecuniary interest in any matter that is to be considered by the
Committee shall state his interest therein to the Chairperson
of the National Council through the Chairperson of the
Committee.
156. A member of a Committee shall not divulge, either in the minutes of dissent or on the floor of the National Council,
any matter circulated to him as confidential, without the
prior approval of the Chairperson of the National Council,
and where such approval has been obtained, any restriction
imposed with regard to the manner in which or the extent to
which such information may be divulged, shall be strictly
observed.
157. A member of a Committee or anyone having access to its proceedings shall not communicate directly or indirectly to
the press any information regarding its proceedings
including its report.
Financial Provision
158. Prior to each fiscal year, the Secretariat shall prepare an estimate of the budget that will be required for the payment
of the charges and expenses of the National Council and the
members thereof during the fiscal year and such expenses
shall be met from State funds.
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Chapter 10
Reporting of Proceedings and Resolutions
Record of Proceeding
159. The Secretariat shall draw up records of proceedings at each sitting of the National Council which shall be known as
Official Report of the National Council.
160. The Official Report of the National Council shall contain all the items of business taken up by the National Council and
the verbatim records shall be maintained in digital sound or
print format.
161. The Secretary General shall submit the report of resolutions to the National Council for endorsement wherein a member
may bring to the notice of the National Council any patent
error, which shall stand corrected but such resolutions once
adopted shall not be permitted for deliberation.
Distribution of copies of the Resolution
162. The Secretariat shall distribute, within 30 days of the adoption of the resolution, copies of such resolutions among
the members and other concerned officials, ministries and
departments.
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Record of Votes
163. The Chairperson shall cause the votes cast of each member to be recorded and disclose such records, except in the case
of voting through secret ballot.
164. The casting of votes to elect or give approval to a person for holding office shall be through a secret ballot.
Chapter 11
Code of Conduct
Non-Partisanship
164A. A member of the National Council shall neither be
influenced by any political party in the performance of
his/her function nor will he/she campaign for any political
party or candidate.
Dedication
165. A Member shall place the highest importance to serving the Tsa-Wa-Sum with utmost loyalty and dedication, and fulfill
his responsibilities by following the highest moral
principles.
Responsibility
166. A member shall not indulge in any activity that adversely affects the National Council, national sovereignty and
integrity of Bhutan and shall be responsible to the Druk
Gyalpo and the National Council for his actions.
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Integrity
167. A member shall not be influenced in any manner whatsoever by any individual or body of individuals in the discharge of
his duties.
Selflessness
168. A member shall always uphold first and foremost the national interest, in discharging his duties and functions.
Conflict of Interest
169. A member shall refrain from casting his vote on any issue where he has a conflict of interest.
General Code of Conduct
170. Parliament shall from time to time make laws to regulate conduct of the members of the National Council which shall
include the following:
(a) A member shall ensure that his personal conduct is
consistent with the dignity, reputation and integrity
of the National Council;
(b) A member shall at all times conduct himself in a
courteous and respectful manner and shall respect
the authority of the Chairperson. In particular, he
shall not speak or leave the House when the
Chairperson is speaking and shall speak standing at
his place while addressing the Chairperson and the
National Council;
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(c) A member shall not conduct himself in a manner that
would constitute a criminal offence or contempt of
the National Council;
(d) A member shall not display any disorderly conduct
in the National Council Hall;
(e) Foul language, loud laughter and clapping are not permitted in the National Council Hall;
(f) A member shall address the National Council one by one and they shall avoid using improper language in
expressing their views during the deliberation;
(g) Under compelling circumstances, if a member has to leave the National Council Hall, he shall lower his
Kabney and bow while leaving and re-entering as a
gesture of respect to the House;
(h) No member shall unduly influence the Government officials or Ministers in a case in which he is
financially or personally interested nor elicit
information from the Government in an unauthorized
manner;
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(i) A member shall not appear before a Minister or a Government official in his capacity as a lawyer, legal
advisor, counsel or a solicitor;
(j) A member shall not recommend any of his relations or other persons with whom he has direct or indirect
interest for employment or business contracts to
Government officials;
(k) A member who has the floor under proper procedure shall not be interrupted by other members; and
(l) No member shall impose threat, intimidation or use individual influence to encourage another member to
make any remarks in the National Council.
Incompatibility
171. A member of the National Council shall not:
(a) (Repealed)
(b) Simultaneously belong to different Committees,
commissions or boards except as otherwise provided
by law made by Parliament, or on the approval of the
Chairperson;
(c) Be assigned any responsibility that may be
reasonably construed to have conflict of interest;
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(d) Undertake private employment or perform any function, which is liable to impair public confidence;
(e) Misuse official status, power or public property;
(f) Indulge in illegal or improper means; or
(g) Hold office of profit.
Other Obligations
172. A member shall before receiving foreign and international awards inform the Chairperson. The Chairperson of the
National Council shall decide whether the award in question
can be accepted by the member.
173. A member shall not maintain or operate bank accounts in any country outside Bhutan.
174. No member shall during Parliamentary delegations to foreign countries give press statements regarding the visit,
such briefings of the press shall be done by the leader of the
delegation.
175. A member shall respect the apolitical nature of Public Service.
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Chapter 12
Offences and Penalties
176. Except for any criminal offence which shall be dealt with in accordance with the Penal Code of Bhutan, any other
offence under this Act shall be dealt with in accordance with
this Act.
177. A member who contravenes any provision of this Act shall be guilty of an offence and be liable to one or more of the
following penalties, as determined by the National Council:
a) A reprimand;
b) A fine;
c) The refund of any illicit profit;
d) The refund of the indemnities, allowances or other sums he received as a member while the offence
continued;
e) A temporary suspension; or
f) The loss of his seat as a member.
Breach of Privileges
178. When any individual or authority disregards any of the privileges, either of the members or of the National Council,
an offence of breach of privilege is committed.
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179. Breach of privileges and contempt may include:
(a) Reflection on the character and impartiality of the
Chairperson in the discharge of his duty;
(b) Publication of false or distorted report of the
proceedings of the National Council;
(c) Publication of proceedings of the close door sittings,
without the permission of the Chairperson;
(d) Intimidating of members to influence them in their
conduct;
(e) Offering bribes to members to influence them in
their conduct;
(f) Deliberately giving false or misleading evidence or
information to the National Council or Committee
thereof, by a member or witness;
(g) Disobedience to orders of the Chairperson or a
Committee;
(h) Obstructing or molesting any person summoned for
his attendance in the National Council or its
Committee;
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(i) Misconduct in the National Council or its
Committees;
(j) Presenting false or forged or fabricated documents to
the National Council or its Committee;
(jj) Refusing to present information or document that has
been requested by a Member or Committee of the
National Council;
(k) Obstructing or molesting members of the National
Council, officials or ancillary staff of the National
Council in the execution of their parliamentary
duties; or
(l) Tampering with documents presented to the National
Council or its Committee.
180. On any inquiry concerning the privileges, immunities and powers of the National Council, any copy of the journals of
the National Council shall be admitted as evidence.
180A. The penalty for breach of privileges by any person under this
Act is guilty of an offence and liable to a maximum fine of
five years minimum wage.
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Suspension
181. The Chairperson may call to order any member resorting to disorderly behaviour, disregarding the authority of the chair
or contravening the prescribed Code of Conduct, whereby
he willfully obstructs the business of the National Council,
and if the member fails to heed such call, the Chairperson
may order him to leave the National Council Hall and he
shall not be entitled to attend the sittings of the National
Council for the rest of the day.
182. A member persistently obstructing the business of the National Council by deliberately indulging in disorderly
behaviour or intentionally contravening the prescribed Code
of Conduct shall be barred from attending the sittings of the
National Council for the next fifteen days.
183. If a member attempts to use force which is derogatory to the dignity of the National Council, the Chairperson may
suspend him for the whole or any part of the session as he
may deem fit.
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184. A member barred from attending the sitting of the National Council under sections 182 and 183 of this Act, shall not
return to the Session until the period of suspension has been
completed. Thereafter, any future violation of the Code of
Conduct by that member shall lead to removal from the
National Council and such member shall be barred from
contesting in future elections to the House.
185. If a member uses physical force in the House, then that member shall be permanently removed from the National
Council and barred from contesting in future elections to the
Council.
Competence of the Council
185A. The National Council is fully competent to judge any offence
provided for in this Act and to apply the penalties
prescribed therein.
Chapter 13
The Secretariat
186. The National Council shall have a Secretariat headed by a Secretary General to aid and assist the National Council in
discharge of its parliamentary duties.
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187. The Druk Gyalpo shall, by warrant under His hand and seal, appoint the Secretary General of the National Council on the
recommendation of the Royal Civil Service Commission.
Functions
188. The Secretary General shall, under the supervision of the Chairperson, manage the affairs of the National Council and
be responsible for the administration of the Secretariat.
189. The Secretariat shall ensure:
a) that proper training and orientation in parliamentary procedure, discipline and decorum are given to the
new members of the National Council;
b) the safekeeping of the records of decisions and proceedings of the National Council and of the
Committees;
c) that a register called the Register of Declaration of Assets and Liabilities of Members is maintained
based on information supplied by members pursuant
to section 31 of this Act; and
d) To enable the members of the National Council to discharge their functions efficiently and effectively,
each member shall be provided with at least one
research assistant, adequate supporting staff,
equipment and befitting office space.
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190. The Secretariat shall keep proper record of proposals and their date of receipt.
190A. The Secretariat staff shall aid and assist the members in
carrying out their duties of the Parliament.
191. The agenda shall be submitted to the Chairperson through the Secretary General of the National Council. The agenda for the joint sittings of Parliament shall be decided jointly by
the Speaker of the National Assembly and the Chairperson
of the National Council.
192. The Secretariat shall perform such other functions as may be determined by this Act or any other rules made under this
Act.
Chapter 14
Rule Making, Amendment and Authoritative Text
Rule Making
193. The National Council may determine its Rules of Procedure and the Chairperson shall conduct the proceedings of the
National Council in accordance with the rules.
Amendment
194. The amendment of this Act by way of addition, variation, or repeal shall be effected by a simple majority of the
respective Houses or vote of no less than two-thirds of the
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total members of Parliament present and voting on a motion
submitted by one-third of the members of either House,
provided that the amendment does not undermine the
functions and effectiveness of the National Council.
Authoritative Text
195. In any instance of a difference in meaning between the Dzongkha and the English texts of this Act, Dzongkha text
shall be regarded as the authoritative text.
