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20. Liaison with the Government of Nepal

20. Liaison with the Government of Nepal: Where the Centre has to make contact with the Government of Nepal on policy related matters on the prevention, diagnosis, treatment of heart diseases and rehabilitation of heart
patients, it shall do so through the Ministry of Health; and on other matters, the Centre may directly contact with any Ministry of the Government of Nepal and bodies under that Ministry.

Chapter-4

Chapter-4
Activity relating to organ transpl antation

13. Prohibition on operating acti vity rel ating to organ tran splantation:

No person sha ll operate an ac tivity re lating to organ transplantation for the purpose of the sa le a nd purc hase of a n organ or similar other ac ts.

14. Extraction of organ and tran splantation of organ c an be done:

Subjec t to the other pro visions contained in this Act, a n orga n can be extracted from the human body and a n organ ca n be e xtracted from the body of a human be ing a nd tra nsplanted into the body of another hum an be ing only for the purpose of trea ting a dise ase in a managed manner in accorda nce w ith the m odern me dic al treatment system.

15. Organ can be extracte d from body of alive pe rson:

(1) Subject to the other conditions mentioned in this Ac t, a n organ may be e xtracted from the body of a n a live person (donor) and such organ ma y be transplanted into the body of a c lose re la tive of that donor only in the follow ing circumstance s:
(a) Where it is certifie d by a t least two concerned doc tors tha t a bodily organ of any patie nt is
deformed to be unworkable and it is necessary to transplant another orga n in lieu of his/her deformed
bodily organ in order to sa ve the life of such patient,
(b) Where a close re la tive (donor) of the patie nt as refe rred to in Clause (a) has voluntarily given
consent in writing to dona te the orga n, along w ith the concurrence of at lea st two of his/her re latives,
Pro vided tha t, if a ny donor has not two close rela tives, consent in writing ma y be given voluntarily to dona te the orga n, along with the conc urrence of eve n one close re lative.
(c) Where the donor giving c onsent voluntarily to donate the organ pursua nt to Cla use (b) has com ple te d the a ge of eighteen years,
(d) Where it is certifie d by a t least two concerned doc tors that the donor giving consent to dona te an
orga n pursuant to Clause (b) will neither die immediate ly and nor become disabled or inca pac itate d in a permane nt ma nner as a result of extraction of a ny organ out of the twin orga ns of the body of that donor,
(e) Where it is certifie d by a t least two concerned doc tors that the tissue inte nded to be e xtracted from
the body of the donor ca n re-grow.

(2) Subje ct to the other conditions mentioned in this Ac t, where it is certifie d by at least two concerne d doctors that any tissue can regrow in the body of a person who ha s not completed the a ge of e ighteen years, this Section shall not be deemed to bar the extracting of tha t tissue from the body of such person.
(3) This Section sha ll not be deemed to bar the extracting of any unworkable orga n from the body of a ny person and throwing away of suc h orga n, in the course of treatme nt.
(4) The proc edure s on giving consent and c oncurrence pursuant to Cla use (b) or Sub-section (1) sha ll be a s pre scribed.
(5) If the donor so wishe s, he/she m ay withdraw the consent give n pursua nt to Cla use (b) or Sub-sec tion (1).
(6) If the donor w ithdraws the c onsent pursuant to Sub-section (5), the person receiving the organ shall not be e ntitle d to c laim any kind of c ompensa tion against the donor.

16. Organ can be extracte d from body of deceased:

(1) Subjec t to the other c onditions mentioned in this Act, an organ ma y be e xtracted from the body of a decease d or the organ so extracte d ma y be transplanted into the body of a nother person only in the following c irc umsta nce s:
(a) Where it is certifie d by a t least two concerned doc tors that the person from whose body the organ
is to be e xtracte d has alrea dy die d a brain death,

(b) Where the pe rson who w ishes to donate his/her orga n after death for purposes of Section 14 has voluntarily give n a n informed consent in writing.
(2) The other proce dures on giving conse nt and conc urrence pursuant to Clause (b) or Sub-section (1) sha ll be as pre scribe d.

17. Prohibition on transplantation of bodily organ of dece ase d:

Notwithstanding a nything conta ine d in Sec tion 16, no organ sha ll be extracted from the body of a ny deceased and transplanted into another human body in such a m anner as to affec t the post mortem of
tha t person who died as a result of murder or suic ide or in a doubtful c irc umsta nce. Pro vided that, this Sec tion sha ll not be de emed to ba r the extracting of a n orga n for the post mortem of such decea sed or for any other re search purpose.

18. To make aware about possible ri sk:

While extracting and transplanting an orga n pursuant to this Act, the doctor sha ll exa mine  the hea lth of the donor a nd the recipient of organ and inform both parties a bout the possible e ffects a nd risks tha t ca n be ca used therefrom on or to the ir hea lth.

19. Requi rement of c onsent of reci pient of organ:

(1) In tra nsplanting an organ pursuant to this Ac t, the conse nt of the recipient of organ sha ll a lso be re quired.
(2) Where the rec ipie nt of organ is a m inor a nd inca pac itated to make dec ision, the c lose re lative may give suc h consent on beha lf of suc h recipie nt.

20. Transplantation organ with out consent:

Notwithstanding a nything contained in Sec tion, an organ may be transpla nted e ven without consent of the rec ipie nt of organ in the following c irc um sta nces:
(a) Where the recipie nt of orga n is in unc laimed situation,
(b) Where it is not possible to inform the close rela tive of the rec ipie nt of organ obtain c onsent in due time,
(c) Where it is possible that such person can die if the organ is not transpla nted immediately in the c ircum stanc es as refe rred to in Clauses (a) a nd (b).

21. Cost expen diture and se rvice c harge:

In transplanting an organ pursuant to this Act, a he alth institution may collect the c ost expe nditure and service charge from the rec ipie nt of organ. Pro vided that:
(a) The ra te of suc h ser vice charge ha s to be a pproved by the comm ittee.
(b) The rate of such ser vice c harge has to be published as directe d by the comm ittee.
(c) The ra te of suc h service charge has to be proper and reasona ble.

22. Tec hnical matters to be follo we d in extractin g or transplanting organ:

The technica l matters rela ting to modern medical sc iences require d to be followe d in extracting a n orga n or safe ly storing an extracted organ or tra nspla nting an organ pursuant to this Act sha ll be
as pre scribed.

22. Repeal and saving

22. Repeal and saving:

(1) The Martyr Gangalal National Heart Disease Development Board (Formation) Order, 2055 is, hereby, repealed.
(2) The rights, liabilities, movable and immovable properties held by the Board formed under the Order as referred to in Sub-section (1) shall be transferred to the Centre established under this Act; and the acts and actions
done or taken by the said Board shall be considered to have been done and taken by this Centre.

Arms and Ammunition Act, 2019 (1962)

Arms and Ammunition Act, 2019 (1962)
Date of Autentication                                                                                                  Date of Publication
2019/10/22(Feb. 4, 1963)                                                                                                 2019/10/23(Feb. 5, 1963)

Amendments: Date of Autentication                                                      Date of Publication
1. Judicial Administration Reform Act, 2031 (1974) 2031/4/18 (Aug. 2, 1974) 2031/4/18
(Aug. 2, 1974)
2. Some Nepal Acts (Amendment) Act, 2043 (1986) 2043/7/24 (Nov. 10, 1986) 2043/7/24 (Nov. 10, 1986)
3. Judicial Administration Reform (Fourth Amendment) Act, 2043 (1986) 2043/7/24 (Nov. 10, 1986) 2043/7/24
(Nov. 10, 1986)
4. Arms and Ammunition (First Amendment) Act, 2048 (1991) 2048/7/11 (Oct. 28, 1991) 2048/7/11 (Oct. 28, 1991)
5. Administration of Justice Act, 2048 (1991) 2048/2/16 (May 30, 1991) 2048/2/16 (May 30, 1991)
6. Arms and Ammunition (Second Amendment) Act, 2064 (2007) 2064/9/2 (Dec. 17, 2007) 2064/9/2
(Dec. 17, 2007)
7. Republic Strengthening and Some Ne pal Laws Amendment Act, 2066 2066/10/7 (Jan. 21, 2010) 2066/10/7
(Jan. 21, 2010)
Act Number 45 of 2019 (1962)
An Act to consolidate and amend the Nepal laws relating to
Arms and Ammunition
Preamble: Whereas, it is expedient to consolidate and amend the existing Nepal Law relating to Arms and Ammunition for maintaining security and law and order in Nepal,
Now, therefore, be it enacted by His Majesty King Mahendra Bir Bickram Shah Dev in accordance with article 93 of the Constitution of Nepal.

Chapter-5

Chapter-5
Offense an d Punishment

23. Offense relatin g to organ tran splantation:

If a person e xtrac ts any orga n of another person or tra nspla nt the organ so e xtracted into another person or uses it in another work or is directly involved in suc h a ct doe s any other act in c ontra ve ntion of the circumstances mentione d in Sections 13, 14, 15, 16 a nd 17, such person sha ll be deeme d to ha ve comm itted the offense as re ferred to in this Act.

24. Punishment:

(1) A person who comm its an offense as re ferred to in Sec tion 23 sha ll be punishe d with imprisonme nt for a term not exceeding five years and a fine not e xcee ding five hundred thousand rupe es.
(2) A person w ho comm its a n offe nse as re ferred to in Section 23 in any place other than a hea lth institution sha ll be punished w ith imprisonme nt for a term not excee ding one year a nd a fine of one
hundred thousand rupees, in addition to the punishme nt to be imposed pursuant to Sub-section (1).
(3) Where a person who ha s not got the private license comm its an offe nse a s referred to in Section 23 in a ny place other than a hea lth institution, such person sha ll be punished with im prisonment for a term not exce eding two years and a fine of two hundred thousa nd rupees, in addition to the punishme nt to be imposed pursuant to Sub-section (1).
(4) Where an offe nse as re ferred to in Sec tion 23 a nd the person from w hom an orga n is e xtra cte d dies as a re sult of that wound or pain w ithin three months, the person who c ommits such offense shall
be punished w ith life im prisonment, with confisca tion of entire property.
(5) A person who does an activity re lating to organ transplantation in contra ve ntion of the provisions contained in this Act other than Sub-sec tions (1), (2), (3) and (4) or the rule s framed under this Act shall be punishe d with imprisonment for a term not exceeding One year a nd a fine not excee ding O ne Hundre d Thousand Rupees.

25. Punishment for attempt:

In case s where all prepara tion has been made to comm it an offe nse as re ferre d to in Sec tion 23 but the offe nse has not yet been comm itted, it sha ll be deemed attem pt to commit such offe nse, a nd such person sha ll be punishe d w ith ha lf the punishme nt a s referre d to in Section 24.

26. Punishment to Acc omplice:

Exce pt to be in vo lve d directly in the activity to be offe nce pursua nt to Sec tion 23, any person a ssisting to commit suc h offence shall be deeme d as accomplice and the accomplice sha ll be punished w ith ha lf punishment to tha t of offe nder.

27. Prohibition on adve rtisement an d publicity:

(1) No one sha ll do and publicize, or cause to be done or public ized, dire ctly or indirec tly through com munication me dia as to that an organ can be provided or is nece ssa ry. Pro vided that, this Sec tion sha ll not be de emed to ba r the dissem ina ting of re late d information with a view to providing technical knowledge about organ tra nsplanta tion.

(2) The communic ation age nc y, publisher and editor publishing an ad vertiseme nt a nd broadca sting institution and transm itter in contra vention of Sub-section (1) m ay be punished by the prescribed
authority with a fine not exceeding Twenty Five Thousa nd Rupees.

(3) One who is not satisfie s with the fine im posed by the prescribe d a uthority pursuant to Sub-sec tion (2) may file an appeal before the Court of Appea l w ithin thirty five da ys after the date of knowle dge of such fine.

1. Short Title, Extent and Commencement

1. Short Title, Extent and Commencement :

(1) This Act may be called the “Arms and Ammunition Act, 2019 (1962)”.
(2) It shall extend all over the Nepal.
Provided that, nothing contained in this Act shall apply to manufacture the arms and ammunition, repair, convert from one shape to another, sell, give for sale, carry, have in possession or keep under control, export from the Nepal
to overseas, import from overseas to the Nepal or bring from one district to another within the Nepal and vice versa in accordance with the order of Government of Nepal or the order of any Government employee who has given
such order in the course of his/her discharging the duty as a Government employee.
(3) It shall come into force on such date as Government of Nepal may, by a notification in the Nepal Gazette, appoint.

2. Definition

2. Definition : Unless the subject or context otherwise requires, in this Act:-
(a) “Cannon” includes all kinds of cannon, mortars and its parts, the
vehicles to be used for transporting and mounting such cannon and the
machinery which manufactures such cannon.
(b) “Machine Gun” includes brengun, luis gun, station machine carbine,
tomson machine carbine and the automatic weapons of similar
catagories and its parts, the vehicles to be used for transporting and
mounting such machine gun and the machinery which manufactures
such machine gun.
(c) “Arms” includes the rifle gun, pistol, revolver, mining and grenade, their
parts and the machinery which manufactures such arms.
(d) “Ammunition” includes fugsignal fuse (Dhumika Sanket), gun powder,
cap, the ball of a gun, shells, detonator, cartus, similar types of
explosives and other ammunitions.
(e) … … … … …
(f) “Licence” means the licence received in relation to arms and
ammunition under this Act and the “Licence-holder” means person
holding such licence.
(g) “Prescribed” or As “prescribed” means the prescribed or as prescribed in
the Rule or order made under this Act.

3. Prohibition to manufacture cannon, machine gun and arms and ammunition to have in one’s possessionor put or cause to in another place or order to put, convert from one shape to another and sell without licence

3. Prohibition to manufacture cannon, machine gun and arms and ammunition to have in one’s possessionor put or cause to in another place or order to put, convert from one shape to another and sell without licence :

(1) No one shall manufacture, repair, have in his/her possession or put or cause to in another place or order to put, convert from one shape to another or sell or even offer for sale the cannon or machine gun.
(2) No person shall manufacture, repair, have in his/her possession, or put or cause to in another place or order to put, convert from one shape to another or sell or even offer for sale or have in his/her possession for sale the
arms or ammunition without a licence or contrary to the terms and conditions as specified in the licence.
Provided that, anything contained in Sub-section (2) shall not bar any person who has lawfully possessed the arms or ammunition for his/her own private use from selling the arms or ammunition to any other person who is not
prohibited by the existing law from having in his/her possession such arms or ammunition. He/she shall furnish a prior notice to the Chief District Officer alongwith the name of the buyer, his/her address and the details of the sale
while selling such arms or ammunition.

4. Prohibition to bring into or take out

4. Prohibition to bring into or take out :

(1) No one shall bring into Nepal from abroad or take out of the Nepal to abroad or bring into or take out from one
district to another of Nepal the cannon or machine gun.
(2) No one shall bring into the Nepal from abroad or take out of the Nepal to abroad or bring into or take out from one district to another of the Nepal the arms and ammunition without a licence or contrary to the terms and
conditions as specified in the licence.

Chapter-6

Chapter-6
Miscellaneou s

28. Inspection:

(1) The a uthority authorized by the c ommittee may inspect a s to whe ther the health institution and doctor holding the private license ha ve observed pursuant to this Act or the rule s framed here under a nd the orders and direc tive s give n pursuant to Section 29 in ope rating the ac tivity re lating to organ tra nsplanta tion.
(2) The a uthority who carrie s out inspection pursua nt to Subsection (1) sha ll ha ve to subm it a report on inspection carrie d out by him /her to the c ommittee.

29. Powers to give orde r an d di rective:

(1) In cases where the com petent authority has ca rrie d out inspection pursuant to Section 28 or in any other situa tion whatsoe ver, the comm ittee may give nece ssary order and direction to the hea lth institution a nd the doctor having obta ine d the priva te lic ense in respect of the operation of activity re lating to organ transplanta tion.
(2) In givin g necessary direction and orde r pursua nt to Subsection (1), the c ommittee shall do so particularly on the following matters:
(a) Technica l matter require d to be followe d in transplanting organ in acc orda nce w ith the principle s of me dica l sc iences.
(b) Suc h physica l means, re source s a nd human resources as required in tra nsplanting organ.
(c) Safe ly storing an orga n extracted from a human body for organ transpla ntation in accorda nce with
scie ntific technique a nd me thod.
(d) Minim um sa fety pro vis ions required to be followed in transplanting orga n.
(e) Dissem ina tion of informa tion on tec hnic al matters rela ting to organ transplantation.
(3) It sha ll be the duty of the c oncerned health institution and doc tor ha vin g obta ine d the priva te lice nse to carry out, or cause to be carried out, the order and direc tive give n by the comm ittee pursuant to Sub-sec tion (2).

30. No compul sion to make de position:

The health institution or the doc tor ha vin g obta ined the priva te license or a ny person rela ted w ith
suc h institution or doctor sha ll not be compelled to make de position before any one other than the a uthority authorize d by the pre va iling law in re spec t of the ac tivity rela ting to organ transplantation opera te by suc h institution or doctor or person pursuant to this Ac t.

31. Annual report:

(1) Each health institution sha ll ha ve to prepare desc ription of the ac ts done pursuant to this Act in respec t of the activity re lating to orga n transplantation in the prescribed forma t and submit the same to the com mitte e each year.
(2) The comm ittee shall submit a re port, a long with its e va lua tion as to the report submitted by the hea lth institution  pursuant to Sub-section (1) and the polic ies and program s to be adopted by the Go vernme nt of Nepal in respect thereof, to the Governme nt of Nepa l each year.

32. Government to be the Plaintiff:

The ca se s under this Act sha ll be file d a s Go vernme nt case s; and these case s sha ll be dee med to be
inc lude d in Schedule-1 of the Go vernment Case s Act, 2049 (1992).

33. Liai son Ministry:

The Committee sha ll make contact with Governme nt of Nepa l through the Ministry of Health.

34. Powers to frame Rules: The Governme nt of Nepa l ma y frame nece ssary Rule s in orde r to im pleme nt the objec tives of this Act.

5. Prohibition to carry arms without a licence

5. Prohibition to carry arms without a licence :

(1) No person shall carry arms without a licence or contrary to the terms and conditions as specified in the
licence.

(2) Assistant Sub-Inspector or the police officer above the rank of Assistant Sub Inspector or the Chief District Officer or the person assigned by him/her may arrest without warrant any person carrying arms without a licence
or against this Act and seize the arms from his/her possession. The police officer or the person assigned by the Chief District Officer arresting such person or seizing the arms shall produce the arrested person and the arms so
seized before the Chief District Officer within Twenty Four hours with the exclusion of the period of journey

5a. Prohibition to carry arms during the election period

5a. Prohibition to carry arms during the election period :

(1) Notwithstanding anything contained in other provisions of this Act, no one except the Government employee related to security shall carry even the licenced arms in the constitutency during the period commencing from the date of the filing of the nomination paper in the election conducted by the Election Commission as per prevailing law until the Seventh day of the announcement of the result of the election.
(2) In case, anybody carries the arms in contravention of Sub-section (1) action shall be taken against him/her under Section 5 as if he/she has carried the arms without a licence.

6. Arrest upon of persons suspected of bringing into or taking out the arms and ammunition

6. Arrest upon of persons suspected of bringing into or taking out the arms and ammunition :

(1) In case, the Assistant Sub-Inspector or the police office above the rank of Assistant Sub-Inspector is on a suspicion that any person is, with or without a licence, with the intention of commiting any illegal act,  taking out of Nepal to abroad or bringing into Nepal from abroad or bringing into or taking out from one district to another district of Nepal, the arms and ammunition he/she may detain and conduct search of such person’s body and
the vehicle, luggage, porters and the boxes suspected containing and carrying such materials and, if such materials are found, arrest him/her without an warrant and also seize such arms and ammunition.

(2) The person arrested and the arms and ammunition seized under this Section shall be produced before the Chief District Officer within Twenty Four hours with the exclusion of the period of journey.

7. The office or post conducting the search

7. The office or post conducting the search : Government of Nepal may, if it deems necessary, establish the posts to conduct search of arms and ammunition in between the boundary of Nepalese territory and the foreign territory and the person authorized by Government of Nepal may conduct search of the boxes and luggages used in carrying the materials upon detaining the vehicles plying to and from and the porters or the animals in that place.

9. Hand over of arms and ammunition to the police post

9. Hand over of arms and ammunition to the police post :

(1) Upon expiry of the term of licence of any person to keep the arms and ammunition or the licence has been cancelled or upon publication of a notice under Section 8 or it has been illegal to keep such arms and ammunition due to any other reason, he/she shall immediately hand over such arms and ammunition to the local
police office and the police office also shall take action according to the prevailing law after taking over such arms and ammunition.
(2) After hand over of the arms and ammunition pursuant to Sub-section (1), such person may again acquire the following right even before the expiry of the period, as prescribed in the Rule frame under this Act:-
(a) One may take back the arms and ammunition if it becomes legal to keep in his/her possession the arms and
ammunition so handed over.
(b) One may sell or cause to sell the arms and ammunition so handed over to a person who is legally authorized to keep such arms and ammunition or take the profit derived from such sale.
Provided that, nothing contained in this Section shall be deemed to have authorized to take back or sell
any arms or ammunition seized pursuant to Section 16.
(3) The arms or ammunition deposited without being returned within the stipulated period pursuant to Sub-section (2) shall be the property of Government of Nepal.
(4) Without prejudice to the generality of the foregoing sections, Government of Nepal may frame Rules in the following matters:-
(a) Under what conditions and situation the licenceholder has to hand over the arms or ammunitions, and
(b) After the elapse of how much period the arms or ammunition shall be seized under Sub-section (3).

Industrial Trainee Training Act, 2039 (1982)

Industrial Trainee Training Act, 2039 (1982)
Date of authentication and publication
2039-8-6 (21 Nov. 1982)

Amendments,
1. Administration of Justice Act, 2048 2048-2-16 (30 May 1991)
2. Republic Strengthening and Some Nepal
Laws Amendment Act, 2066 2066 -10- 7 (21 Jan. 2010)Act Number 15 of the Year 2039
An act made to provide for provisions on industrial training

Preamble:

Whereas, it is expedient to make provisions for industrial skill training on industrial enterprises in order to enhance the involvement of Nepalese workers in industrial activities; Now therefore, be it enacted by His Majesty the king Birendra Bir Bikram Shah Dev on the advice and with the consent of the Rastria Panchayat.

10. The procedure of acquiring or renewing the licence

10. The procedure of acquiring or renewing the licence :

(1) Any person shall,  for acquiring the licence under this Act, submit an application in the prescribed
form and pay the prescribed fee to the Chief District Officer.
(2) After the submission of application byanybody under Sub-section (1), if the Chief District Officer deems it fit to issue the licence with the conditions as written in the application after scrutinizing it as specified he/she
may issue a licence in the prescribed form to the applicant with the terms and conditions as prescribed.
(3) The term of each licence issued under Sub-section (2) and the process of renewing it, the place and the fee to be paid while so renewing shall be as prescribed.

11. The power to cancel or suspend the licence

11. The power to cancel or suspend the licence :

(1) For the sake of public peace and security, the Chief District Officer may, if he/she deems fit, after having
given the reasoned decision, cancel or suspend all or some licences in all the places or any part thereof within his/her jurisdiction.
(2) The Chief District Officer may cancel or suspend the licence in case any licence-holder is found guilty pursuant to this Act or the Rules framed thereunder.
(3) Government of Nepal may, by a Notification in the Nepal Gazette, cancel or suspend all or some licences throughout Nepal or any part thereof

Chapter -1

Chapter -1
Preliminary

1. Short title and Commencement:

(1) This Act may be called “Industrial Trainee Training Act, 2039 (1982)”.
(2) This Act shall come into force immediately.

2. Definition:

Unless the subject or context otherwise requires; in this Act;
(a) “Training” means the training to be conducted pursuant to this Act for the purpose of providing industrial skill.
(b) “Trainee” means a person who takes part in the training to be conducted pursuant to this Act.
(c) “Advisor” means the training advisor appointed pursuant to Section 10.
(d) “Council” means the Training Council constituted pursuant to Section 16.
(e) “Enterprise” means a company, firm or their group incorporated under prevailing law with an object of carrying out an industrial business.
(f) “Manager” means the manager of an enterprise.
(g) “Department” means Labour Department of Government of Nepal.
(h) “Prescribed” or “as prescribed” means prescribed or as prescribed in Rules made under this Act.

12. Power of the Chief District Officer to search, seize :

12. Power of the Chief District Officer to search, seize : If any Chief District Officer is on reliable suspicion that any person having domicile within his/her jurisdiction has in his/her possession any arms or ammunition without a licence or for illegal purpose, or the Chief District Officer is in the belief that it is not proper to let keep such arms or ammunition in his/her possession for the sake of public peace he/she may, after having given a reasoned decision and on the basis of such reason, seize any sort of arms or ammunition whether licenced or not and conduct or cause to conduct search of the house and land of any person or of other place suspected.
The Chief District Officer in order to conduct or cause to conduct suchsearch should perform or cause to perform such search by keeping the employee of any other office as witness.

Chapter-2

Chapter-2
Provisions relating to training

3. Enterprise shall conduct training:

The enterprise prescribed by the Government of Nepal upon publishing a Notification in Nepal gazette shall, subject to the provisions of this Act, conduct training.

4. Trainee shall sign an agreement:

(1) Every trainee shall sign an agreement as prescribed. Unless trainee signs such an agreement he/she
shall not be permitted to participate in the training.
(2) Manager shall forward a copy of the agreement singed by trainee pursuant to Sub-section (1) to the Department and the Department shall maintain the record of such agreements

5. Incomplete training may be continued by other enterprise:

(1) if an enterprise fails to complete a training being conducted by it due to any abnormal situation, the Manager shall, as soon as possible, give notice thereof to the advisor. If any other enterprise is agreed to conduct such incomplete training the manager shall set the details thereof in the said notice.
(2) After the reception of the notice pursuant to Sub-section (1) the Advisor shall discus with the concerned Manager and if the advisor finds reasonable reasons, may approve to conduct such incomplete training by an enterprise which has agreed to continue such training, if any,. In case no
enterprise has agreed to conduct such incomplete training and if it appears that the concerned enterprise is unable to conduct the said training even in near future, the Advisor may issue an order to an enterprise, which is under his/her jurisdiction and capable to conduct such type of training, in order to conduct the said training .In a condition where there is no capable enterprise under his/her jurisdiction, the Advisor shall forward the notice in writing to the Council.
(3) The earlier agreement concluded between an enterprise and a trainee shall be deemed to have been concluded with the enterprise to make complete the incomplete training pursuant to Sub-Section (2).
(4) The earlier enterprise, which failed to complete the training, shall repay the total expenses to be required to conduct the incomplete training pursuant to Sub-section (2) to the enterprise which conducts training to complete the said training.

6. Termination of agreement:

An agreement concluded between an enterprise and a trainee shall be deemed, ipso facto, to have been
terminated in any of the following circumstances,-
(a) if the trainee dies,
(b) if the trainee is permitted to abandon the training pursuant to Section 7.

7. Permission may be granted to abandon the training:

If a trainee submits an application to the Manager seeking permission to abandon the training upon setting out the reasons thereof and returns back the expenses made by the concerned enterprise for him/her, the Manager may grant permission to him/her to abandon the training.

8. Training allowances:

The training allowances to be paid for trainee by the enterprise shall be as prescribed by the Council.

9. Obligation of Manager:

The Manager of the each enterprise which conducts training shall have the following obligations;
(a) To manage for training as referred to in this Act and Rules made here under and as prescribed by the Council.
(b) To fulfill the obligation created by the agreement concluded with trainees.
(c) To abide by the directives issued by the Council in respect of the training.
(d) To forward the particulars and data sought by the Department, Council or Advisors.
(e) To conduct training by consulting with the Advisors as per necessity.

10. Appointment of Training Advisors:

(1) The Government of Nepal shall, for an enterprise of a particular sector or classification, appoint
Training Advisors as may be required.
(2) Until an Advisor is appointed pursuant to Sub-section (1) the Government of Nepal may designate any of it’s’ employee as an Advisor.
(3) Functions, duties and conditions of service of the Advisors appointed pursuant to Sub-section (1) shall be as prescribed.

11. Arrangement of expenses in order to conduct training programme:

(1) Every enterprise shall allocate an amount equivalent to the percent as prescribed by the Department from its’ net profit to meet the training cost.
(2) An enterprise which intends to send a trainee abroad for the training that cannot be conducted in Nepal may, upon the approval of the Council send him/her in its’ own expenses or under the scholarship granted by a foreign institution.

12. Compensation:

If a trainee suffers physical injury or hurt or death in the course of training, the compensation to be received by the trainee or his/her guardian shall be as prescribed.

13. Settlement of dispute and appeal:

(1) If a dispute arises over the conditions mentioned in a training agreement between the Manager and
trainee, it shall be settled by the Council
(2) A person, who is not satisfied with the decision made by the Council pursuant to Sub-section (1), may lodge an appeal with the Government of Nepal and the decision made by the Government of Nepal
shall be final.

14. Issuance of certificate:

Concerned enterprise shall issue a certificate in such format as prescribed by the Council to the trainee who has passed in the examination conducted by the Council.

15. Trainee shall be given preference:

Every Manager shall, while appointing workers in his/her enterprise, give preference to the trainees who
have completed the training from an enterprise.

14. Power of Government of Nepal to apply

14. Power of Government of Nepal to apply : Government of Nepal may, by a Notification in the Nepal Gazette from time to time, cause not to apply all or some of the provisions of this Act or cause to apply with amendment as
specified in the same Notification in relation to any person or persons or in any particular area or with respect to the arms or ammunition of any particular sort.

15. Power of taking the list of arms or ammunition

15. Power of taking the list of arms or ammunition :

Government of Nepal may, by a Notification from time to time, give direction to the person having in his/her possession any arms or ammunition in any place as specified in the same Notification throughout Nepal to submit the list thereof to the prescribed authority. After the publication of such Notification the concerned persons having
in their possession such arms or ammunition shall submit the list as required by the prescribed authority and in case he/she wants to have a look at the arms or ammunition itself they shall show it.

16. Power of seizing the arms or ammunition materials

16. Power of seizing the arms or ammunition materials :

If any person is found guilty of committing the offence punishable under this Act the Chief District Officer finding such guilt may seize from him all or any arms or its ammunition related to the offence or the transportion, animal, box or baggage used in this connection and cause to belong to Government of Nepal.

17. Arms related to army to be seized if the report is not submitted

17. Arms related to army to be seized if the report is not submitted :

If any person has imported with licence the government bore (related to army) rifle, pistol, revolver and any such arms he/she shall submit its proof and also the bill of the company to the prescribed authority within the stipulated period. Government of Nepal may, except on reasonable grounds, seize such arms without compensation in default of submission of the arms within the stipulated period.

Chapter -3

Chapter -3
Provisions relating to Training Council

16. Training council:

(1) The Government of Nepal shall, in order to conduct training and to manage thereof pursuant to this Act, constitute a Training Council by publishing a Notification in Nepal Gazette.
(2) While designating members to the Council to be constituted pursuant to Sub-section (1), generally the following representatives shall be designated;
(a) Representative of the Ministry, Department or Office of the Government of Nepal.
(b) Representative of factory or industrial enterprise.
(c) Representative of Tribhuvan University.
(d) Industrial and Labour expert or experienced person.
(e) ………….
(3) The tenure of office of members shall be as prescribed.
(4) Meeting allowances as prescribed by the Council shall be granted to the Member of the Council.
(5) The Council may, itself, arrange its internal working arrangement.

Omitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

17. Functions and duties of the Council:

Save as provided elsewhere in this Act, the functions and duties of the Council shall be as follows;
(a) To formulate policy in respect of conducting the training and co ordination there for;
(b) To determine the subject of training, to formulate the programme and to approve theoretical and practical curricula of the training.
(c) To fix the training allowances for the trainees.
(d) To determine policy relating to the selection of trainee. (e) To supervise and monitor the training
(f) To make necessary arrangement for timely and well-arranged training.
(g) To submit an information or opinion and advice sought by Government of Nepal in relation to the training.
(h) To issue necessary directives in relation to the training to the enterprise that conducts training.

18. Committee may be framed:

The Council may, if it deems necessary, form a Committee in order to formulate training related curricula and to set the standard. The members of the Committee shall be as determined by the
council.

Chapter -4

Chapter -4
Miscellaneous

19. Power to issue directives:

(1) The Government of Nepal may issue directives to the Council from time to time and it shall be the duty of the Council to abide by such directives.
(2) Council may issue directives to the manager in respect of conducting the training from time to time and it shall be the duty of the concerned manager to abide by such directives.

20. Penalty:

(1) A Manager who commits any of the following acts shall be liable to a fine not exceeding Five Thousand Rupees;
(a) Fails to fulfill an obligation created by the agreement relating to the training.
(b) Submits or cause to submit fake particulars or data related to training to the Department.
(c) Fails to maintain the record of training or hinders or obstructs to the person deputed by the Council or to the Advisor from inspecting the record.
(d) Fails to manage for training expenses.
(e) Employs the trainee for more than fixed period in the course of training or employs in a work which is not related to the training.
(2) Save as provided in Sub-section (1) a person who contravenes a provision of this Act or Rules made here under shall be liable to a fine not exceeding One Thousand Rupees.

21. Adjudicating Authority:

(1) The Department shall have the power to try the case as referred to in this Act.
(2) A person, who is not satisfied with the decision made by the Department pursuant to Sub-section (1), may lodge an appeal with Court of Appeal within the Thirty five days of such decision.

22. Limitation to file a case:

A case under this Act shall have to be filed within a period of Three months from the date of cause of action.

23. Delegation of powers:

(1) The Government of Nepal may delegate any or all powers conferred on it pursuant to this Act to the Council.
(2) The council may delegate any or all powers conferred on it pursuant to this Act to any of it’s’ member or a committee of such members or an employee.

24. Power to frame Rules:

(1) The Government of Nepal may frame necessary Rules to carry out the objectives of this Act.
(2) Without prejudice to the generality of powers pursuant to Subsection (1) the Government of Nepal may frame Rules basically on the following matters;
(a) Conduct of training.
(b) Kinds of training and its duration.
(c) Qualification of trainees.
(d) Numbers and selection of the trainee.
(e) The format of agreement to be signed by the trainee.
(f) Provisions relating to health and safety of the trainees.
(g) Conduct and discipline of trainees.
(h) Provisions on record relating to training and trainee.
(i) Provisions relating to the secretariat of the Council.
(j) Other necessary matters related to industrial trainee training.

25. Power to frame Bye-laws:

(1) Enterprise may, subject to this Act or the Rules made here under, frame Bye-laws in respect of the conduct and discipline to be followed by the trainees.
(2) The Bye-laws so framed pursuant to Sub-section (1) shall come into force only after being approved by the Council.

19. Limitation of notice and legal proceedings :

19. Limitation of notice and legal proceedings :

For the commission of any act under this Act no any other legal proceedings except bringing a suit shall be taken against any person without existence of the following conditions:-
(a) A written notice along with the intention and reason of taking the legal proceedings has been served to the concerned person at least before one month, and
(b) Such legal proceedings have been taken within three months of the occurrence of reason to take the legal proceedings

20. Penalty :

20. Penalty :

(1) In case a person committing any of the following offences shall be punished with imprisonment from Three Years upto Seven Years or with Amended by Second Amendment. fine from Sixty Thousand Rupees upto One Hundred Forty Thousand Rupees or with both:-
(a) To manufacture or repair, or put or cause to in another place or order to put the cannon or machine gun, have in
his/her possession, convert from one shape to another, sell or give or take for sale contrary to Sub-section (1) of
section 3, or

(b) To bring into or take out the cannon or machine gun of any kind contrary to Sub-section (1) of section 4.

(2) In case, a person committing any of the following offences shall be punishede with imprisonment from Three Years upto Five Years or with fine from Sixty Thousand Rupees upto One Hundred Thousand Rupees, or with
both:-
(a) To manufacture or repair, or put or cause to in another place or order to put arms, have in his/her possession,
convert from one shape to another, sell or give or take for sale contrary to Sub-section (2) of Section 3, or
(b) To bring into or take out the arms contrary to Sub-section (2) of Section 4, or
(c) To carry arms contrary to Section 5, or
(d) To keep in his/her possession or control the arms of any kind contrary to Section 8, or
(e) Not to surrender the arms pursuant to Section 9.

(3) In a case, a person committing any of the following offences shall be punishede with imprisonment from One Year upto Three Years or with fine from Twenty Thousand Rupees upto Sixty Thousand Rupees, or with both:-

(a) To manufacture or repair ammunition, or put or cause to in another place or order to put convert from one shape to Amended by Second Amendment. another, sell or give or take for sale contrary to Subsection (2) of Section 3, or
(b) To bring into or take out ammunition contrary to Subsection (2) of Section 4, or (c) To keep in his/her possession or control ammunition contrary to Section 8, or (d) Not to surrender ammunition in accordance with Section
9.

21. Punishment if the arms or ammunition is knowingly given to or bought from the unauthorised person

21. Punishment if the arms or ammunition is knowingly given to or bought from the unauthorised person :

(1) In a case, a person committing the following offences shall be punished with imprisonment from One Year upto
Three Years or with fine from Twenty Thousand Rupees upto Sixty Thousand Rupees, or with both:-
(a) Buying the arms from the person unauthorised to sell pursuant to Sub-section (2) of Section 3, or
(b) Transfering knowingly to the person unauthorised to keep or buy the arms.
(2) In a case, a person committing the following offences shall be punished with imprisonment from Six Months upto One Year or with fine from Ten Thousand Rupees upto Twenty Thousand Rupees, or with both:-
(a) Buying ammunition from the person unauthorised person to sell the same pursuant to Sub-section (2) of Section 3, or
(b) Transferring knowingly to the person unauthorised to keep or buy the ammunition.

23. Other penalties:

23. Other penalties:

(1) In a case, a person who knows the offence committed under Section 18 does not inform the Chief District Officer or the Police Office shall be punished with imprisonment upto One month, or with fine upto Two Hundred and Fifty Rupees, or with both.
(2) (a) A person, directed to submit the list inventory of the arms to the prescribed authority under Section 15 or to show those materials, does not submit the list inventory as directed or show shall be punishede with imprisonment upto One month, or with fine upto Two Hundred and Fifty Rupees, or with both.
(b) A person directed to submit the list inventory of ammunition to the prescribed authority under Section 15 or to show those materials does not submit the list inventory as directed or show shall be punishable with imprisonment upto Twenty days, or with fine upto One Hundred and Seventy Five Rupees.
(3) In a case, a person acting in contravention of this Act or the Rule framed thereunder shall be liable to the punishment as prescribed if there be such provision and if not he/she shall be punished with imprisonment upto One month, or with fine upto Fifty Rupees, or with both.

24. Jurisdiction to hear the case

24. Jurisdiction to hear the case :

(1) The Chief District Officer shall have the original jurisdiciton to hear and decide the case relating to the offence
punishable under this Act.
(2) An appeal against the final order or decision made by the Chief District Officer pursuant to Sub-section (1) shall lie before the ‽Court of Appeal as per prevailing law.

25. Award to be given to the informer

25. Award to be given to the informer :

The person informing about any act done or occurred against this Act shall be awarded One Fourth of the fine paid by the offender in the case initiated as per his/her information in case he/she happened to be a Government employee and Two Tourth of it in case he/she happened to be a person other than the Government employee.

26. Power of Government of Nepal to frame Rules :

26. Power of Government of Nepal to frame Rules :

(1) Government of Nepal may frame Rules in order to implement the objective of this Act.
(2) Without prejudice to the generality of the power as mentioned in Sub-section (1) particularly all or some of the matters as noted below may be provided in those Rules :-
(a) To fix the types and the number of the arms to which the licence is to be issued,
(b) To fix the format of the licence and the terms and conditions for issuing the licence in relation to the arms or
ammunition,
(c) To fix the validity period of such licence,
(d) To fix the licence fee,
(e) Each licence-holder shall keep the details or record of the works done in accordance with the licence in the manner as prescribed, and to direct to show such details or record if the Government employee wants to check.
(f) The Chief District Officer to authorise any Government employee to enter into a place and inspect or check the
accounts where the arms or ammunition are manufactured or sold,
(g) To direct the person manufacturing or selling the material under licence to show to the person authorised by
Government of Nepal the arms or ammunition possessed by him/her or under his/her control,
(h) The person having the arms or ammunition in his/her possession to give the statement of accounts and
inventorys to the person authorised by Government of nepal for inspection,
(i) To manage for the renewal of licence,
(j) To manage to let the shop and the factory of the arms or ammunition to be established within Nepal,
(k) To issue licence for abroad,
(l) To fix what sort of gun, rifle, pistol and revolver is to be classified as the Government bore.

27. Repeal

27. Repeal :

The following Nepal laws have been repealed :-
(a) The Arms or Ammunition Act brought into force according to the Khadga Nisana (the then law) which received assest on Vickram Era 1965 Monday, Falgun 25 and the amendments made from time to time.
(b) No. 99 of Amini Jawata,
(c) Section 4 of the Madesh Goshwara Act, 2022 (1965)
(d) Section 58 of Amini Sawal,
(e) The words “the I.G.P. shall issue licence to let import the arms or ammunition from abroad and to the person who buys them within the country including the function of issuing permit for hunting and also the
function of issuing permit to keep the arms in the house” of the heading of Section 4 of the Kathmandu Valley Commissioner Magistrate Sawal and Clause (a) and Clause (b),
(f) Sections 109 and 111 of the Central Police Goshwara Sawal,
(g) Section 61 of the Madesh Police Inspector Sawal,
(h) The order made in the name of Ne.Pu.Da. Ja of 2002/11/4 (Feb. 15, 1945),
(i) The additional sawal of 2003/12/13 in the name of Inspector according to acceptance of the report of 2003/11/7 (Feb. 18, 1946),
(j) All other sawal sanad in relation to the arms or ammunition.

Note:- 1. The words transformed by the Local Administration Act, 2022 (1965) :-
“Instead of “Bada Hakim” or “Magistrate” the word “Commissioner”

2. The words transformed by the Police (First Amendment) Act, 2029 (1972) :-
Instead of “Assistant Sub-Inspector” the words “Sahayek Nirikshayaka”.

3. The words transformed by the Nepal Law (Amendment) Act, 2024 (1967) :-
(a) “Prahari” for “Police”
(b) “Adhikrit” for “Officer”
(c) “Rajpatra” for “Gazette”
(d) “Pratibedan” for “Report”
(e) “Punarabedan” for ” Appeal”

4. The words transformed by the Arms or Ammunition (First Amendment) Act,
2048 (1991) :-
“Chief District Officer” for “Local Commissioner” or “Commissioner”.

5. The words “His Majesty’s Government of Nepal” has been substituted by “Government of Nepal” by Some Nepal Laws Amendment Act, 2063.

Ayurveda Medical Council Act, 2045 (1988)

Ayurveda Medical Council Act, 2045 (1988)
Date of Authentication
2045.7.28 (Nov. 13, 1988)

Amendment
The Ayurveda Medical Council (First Amendment) Act, 2055 2055.10.27 (Feb. 10, 1999)

Act No. 21 of the year 2045(1988)
An Act made to make provisions on Ayurveda Medical Council
Preamble: Whereas, it is expedient to establish an Ayurveda Medical Council to make more effective the Ayurvedic medical system, to develop the method of production and use of Ayurvedic medicines and make provisions on the registration of Ayurvedic doctors, for maintaining the health and convenience of the general public; Now, therefore, His Majesty King Birendra Bir Bikram Shah Dev has, on the advice and with the consent of the Rastriya Panchayat, enacted this Act.

Chapter-One Preliminary

Chapter-One
Preliminary

1.1 Short title and commencement:

1.1.1 This Act may be called as the “Ayurveda Medical Council Act, 2045 (1988)”.
1.1.2 It shall come into force on such date as the Government of Nepal may, by a notification in the Nepal Gazette, appoint.

1.2 Definitions:

1.2.1 Unless the subject or the context otherwise requires, in this Act:-
1.2.1.1 “Council” means the Ayurveda Medical Council established pursuant to Section 2.1.
1.2.1.2 “chairperson” means the Chairperson of the Council.
1.2.1.3 “member” means the member of the Council and this term includes the chairperson.
1.2.1.4 “registrar” means the Registrar of the Council appointed pursuant to Section 3.1.
1.2.1.5 “register” means the register maintained for the registration of the names of doctors.
1.2.1.6 “doctor” means a person who has obtained the minimum qualifications—– in Ayurveda Science as mentioned in Section 4.5 and is involved in the profession related thereto.
1.2.1.7 “registered doctor” means a doctor whose name is registered in the register pursuant to Section 4.5.
1.2.1.8 Ayurvedic medicine” means a medicine prepared by the Ayurvedic method.
1.2.1.9 “Rules” means the Rules framed under this Act.
1.2.1.10 “prescribed” or “as prescribed” means prescribed or as prescribed in the Rules or bye-laws framed under this Act.

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