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Author: Editor NLC

Chapter 10 Miscellaneous

 

  1. Duties of the child: (1) It shall be the duty of every child to respect his or her father, mother, guardian, other family members, teachers and social service providers and obey the advice, suggestion, guidance and instruction given by them, taking into consideration of his or her best interests.
  2. To maintain confidentiality: (1) No person shall publish or broadcast through print or electronic media any details that discloses the identity of a child concerned with a case that is sub judice in the Juvenile Court.

(2) No person shall broadcast information or news through any communication media by disclosing the identity of a child victim of an offence against children.

(3) The police, government attorney or Juvenile Court shall make arrangements for maintaining records of child victims of the offences against children, without disclosing their names and identity.

(4) The investigation authority, government attorney and Juvenile Court shall keep the identity of children in conflict with law confidential. Copies of documents related to such charge shall not be given to any person other than the concerned police and government attorney’s office, Juvenile Court, the child concerned, family members, guardian, legal practitioner of the concerned child and Central and District Child Justice Committee.

(5) Notwithstanding anything contained elsewhere in this Section, the details related to the child may be published or broadcast as follows, in the following circumstance:

(a)        If publishing or broadcasting the details relating to the children in conflict with law does not adversely affect the interests of such children, such details, with the permission of the Juvenile Court,

(b)        Data on the children in conflict with law may be published with the permission of the concerned agency, for any study or research, with the disclosure of their age or gender, without disclosing their names, surnames, personal details and addresses.

  1. Provisions relating to probation authority: (1) The Government of Nepal shall appoint the probation authority in each district to carry out, inter alia, investigation into the concerned case, inspection of the observation chamber, diversion, and preparation of reports on the status of implementation of the orders by the Juvenile Court, in close contact with the children accused of offense.

(2) Until the probation authority is appointed, the Government of Nepal may designate any authority of the Government of Nepal to act as the probation authority.

(3) The functions, duties, powers and terms and conditions of service of, and other provisions relating to, the probation authority shall be as prescribed.

  1. Case not to be tried and disposed of without legal practitioner: (1) Notwithstanding anything contained in the prevailing law, the Juvenile Court shall not try and dispose of a case involving a child charged with committing an offense until a legal practitioner is appointed for defending the child.

(2) In cases where no legal practitioner has been appointed on behalf of a child accused of an offense, the concerned Juvenile Court shall make arrangements to make service available from a paid legal practitioner or any other interested legal practitioner.

  1. Appeal: (1) In the case of not being satisfied with the decision made by the Juvenile Court or by the Ministry pursuant to sub-section (8) of Section 72, an appeal may be filed in the concerned High Court within thirty-five days of such a decision.

(2) Notwithstanding anything contained in sub-section (1) and in the prevailing law, no appeal shall be admissible against a decision of the Juvenile Court that acquits a child, other than in the circumstances affecting justice because of erroneous interpretation of law, wrong use of precedent or non-admission of an admissible evidence or admission of a non-admissible evidence.

  1. Priority to be given in proceedings of case: Priority shall be given to the proceedings, trial and disposal of cases involving children either as plaintiff or defendant in the courts other than the Juvenile Court.
  2. Basis for determining children’s age: While determining the age of a child, the following matters shall be taken as the basis:

(a)        The date of birth recorded in the child’s birth registration issued by the hospital,

(b)        If the date of birth referred to in clause (a) is not available, the date of birth recorded in the child’s birth registration certificate issued by the Local Registrar’s Office,

(c)        If the certificate referred to in clause (b) is not available, the date of birth recorded in the child’s school character certificate or the date of birth recorded at the time of child’s admission to the school,

(d)       If the certificate referred to in clause (b) or the date of birth is not available, the date recorded in the certificate of age issued by the hospital,

(e)        If the certificate referred to in clause (d) is not available, the age recorded in the Janmakundali (birth chart), Cheena (horoscope), notes, or the age disclosed by the father, mother, guardian or any other family member of the child or similar other relevant evidence.

  1. Act to prevail: The matters contained in this Act shall be governed by this Act and the other matters shall be governed by the prevailing law.
  2. Power to frame rules: The Government of Nepal may frame necessary rules in order to implement the objectives of this Act.

Provided that the Supreme Court may frame the rules relating to procedures on the dispensation of juvenile justice.

  1. Power to frame guidelines and operational procedures: (1) The Ministry may frame guidelines and operational procedures, as necessary, subject to this Act and the Rules framed under this Act.

(2) The Supreme Court may frame juvenile justice procedures or guidelines subject to this Act or the Rules framed under this Act.

  1. Amendment, repeal and saving: (1) The following clause (a) shall be substituted for clause (a) of sub-section (1) of Section 4 of the Births, Deaths and Other Personal Events (Registration) Act, 2033 (1976):

“(a)      Information on birth and death by the father, mother, any family member or guardian,”

(2) The Act Relating to Children, 2048 (1992) is hereby repealed.

(3) Any acts done and actions taken pursuant to the Act Relating to Children, 2048 (1992) shall be deemed to have been done and taken under this Act.

The Social Security Act, 2075 (2018)

Date of Authentication:

 2075.06.02 (18 September 2018)

Act Number 19 of the year 2075

An Act Made to Provide for Social Security

Preamble:

Whereas, it is expedient to make necessary provisions on the protection of the right to social security of the indigent citizens, incapacitated and helpless citizens, helpless single women, citizens with disabilities, children, citizens who are unable to take care themselves and citizens belonging to the tribes on the verge of extinction, in accordance with the Constitution;

Now, therefore, be it enacted by the Federal Parliament.

Chapter-1 Preliminary

  1. Short title and commencement: (1) This Act may be cited as the “Social Security Act, 2075 (2018).”

(2) This Act shall commence immediately.

  1. Definitions: Unless the subject or the context otherwise requires, in this Act, –

(a)       “Incapacitated and helpless” means those persons who are indigent economically and incapacitated to make labor physically or mentally, and have no family members for maintaining and taking care of them.

(b)        “Citizens with disabilities” means those persons referred to in Section 8, who have long-term physical, mental, intellectual or sensory disabilities or functional impairments or existing barriers that may hinder their full and effective participation in social life on an equal basis with others.

(c)        “Helpless single women” means the women referred to in Section 7, who have no basis, income source or property for making the life, are incapacitated and helpless having income less than that specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(d)       “Indigent” means those persons who earn income less than that specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(e)        “Citizens unable to take care themselves” means the persons who are certified by the medical doctor that they are in a condition of being unable to take care themselves due to suffering from diseases such as Alzheimer’s, Parkinson’s, spinal cord injury, brain hemorrhage, mental retardation, paralysis, sickle cell anemia, mental unsoundness and autism.

(f)        “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules framed under this Act.

(g)        “Tribes on the verge of extinction” means the tribes referred to in the Schedule.

(h)        “Persons entitled to social security” means the Nepali citizens who are entitled to social security allowance pursuant to this Act.

(i)         “Social security” means cash, allowance or support to be provided to the citizens entitled to social security pursuant to this Act.

(i)         “Local Level” means the Rural Municipality or Municipality.

Chapter-2 Social Security

  1. Entitlement to social security: (1) The following Nepali citizens shall have the right to get the social security allowance:

(a)        Senior citizens,

(b)        Indigent,

(c)        Incapacitated and helpless persons,

(d)       Helpless single women,

(e)        Citizens with disabilities,

(f)        Children,

(g)        Citizens unable to take care themselves.

(2) The allowances to be distributed pursuant to sub-section (1) shall be distributed in the name of social security.

  1. Senior citizen allowance: (1) The Dalit and single women senior citizens, after completing the age of sixty years, and other senior citizens, after completing the age of seventy years, shall get the senior citizen allowance as prescribed by the Government of Nepal, as the social security allowance.

(2) Notwithstanding anything contained in sub-section (1), the Government of Nepal may, by specifying any certain area, provide such allowance also the senior citizens who are living in such area and have not completed the age referred to in sub-section (1).

  1. Destitute citizen allowance: The destitute citizens shall get the destitute citizen allowance in a sum as specified by the Government of Nepal as the social security allowance as prescribed.
  2. Incapacitated and helpless allowance: The citizens who incapacitated and helpless shall get the incapacitated and helpless allowance in a sum as specified by the Government of Nepal as the social security allowance as prescribed.
  3. Helpless single woman allowance: (1) The following helpless single women who have completed the age of sixty years shall get the helpless single woman allowance in a sum as specified by the Government of Nepal as the social security allowance as prescribed:

(a)        Who have not had second marriage after getting divorced,

(b)        Widows,

(c)        Who are living upon getting legal separation,

(d)       Unmarried.

(2) Notwithstanding anything contained in sub-section (1), even the helpless single women referred to in clauses (a), (b), and (c) of sub-section (1), who have not completed the age of sixty years, have no source of income to make a living, have income less than that fixed by the Government of Nepal and cannot labor shall get such a facility.

  1. Disability allowance: The citizens with total disability shall get the disability allowance in a sum specified by the Government of Nepal as the social security allowance.
  2. Child nutrition allowance: (1) The children who are extremely destitute, on the verge of extinction and such children who have not completed the age of five years as specified by the Government of Nepal shall get the child nutrition allowance in a sum specified by the Government of Nepal as the social security allowance.

(2) The procedures for providing the child nutrition allowance pursuant to sub-section (1) to the children shall be as prescribed.

  1. Tribe on the verge of extinction allowance: (1) The citizens belonging to the tribes on the verge of extinction shall get the social security allowance specified by the Government of Nepal.

(2) The procedures for providing the allowance to the tribes on the verge of extinction pursuant to sub-section (1) shall be as prescribed.

  1. Care allowance for those who are unable to take care of themselves: (1) The citizens who are unable to take care of themselves shall get the social security allowance specified by the Government of Nepal.

(2) The procedures for providing the allowance to the citizens who are unable to take care of themselves pursuant to sub-section (1) shall be as prescribed.

  1. Application to be made: (1) A person who is entitled to get the social security allowance pursuant to Section 3 shall make an application to the Local Level concerned to get the social security allowance referred to in this Act.

Provided that, on behalf of the person who cannot make application himself or herself, his or her guardian curator or caretaker may make such application.

(2) While making an application pursuant to sub-section (1) for the social security allowance receivable by the children pursuant to Section 9, evidence of the record of birth registration shall also be submitted.

(3) In cases where an application is received pursuant to sub-section (1) or (2), the Local Level shall make decision by taking necessary action within seven days.

(4) While taking action pursuant to sub-section (3), if it appears that the applicant is not entitled to the social security allowance, information thereof in writing, setting out the reason, shall be given to the applicant.

(5) The format of application referred to in sub-section (1) and documents to be attached therewith shall be as prescribed.

(6) A person who does not wish to receive the social security allowance pursuant to this Section shall make a self-declaration that he or she will not receive the social security allowance and give information to the concerned Local Level.

(7) In cases where any citizen does not wish to receive the social security allowance pursuant to sub-section (6), the concerned Local Level shall honor such a person by maintaining the records thereof.

  1. Not to get double social security: (1) In cases where any citizen is entitled to more than one kind of social security allowances pursuant to Section 3 of this Act, he or she shall get only one social security allowance chosen by him or her.

(2) In cases where any citizen is entitled to the same kind of facility pursuant to this Act and the prevailing law, he or she may get only one of the facilities chosen by him or her.

(3) Notwithstanding anything contained in sub-sections (1) and (2), the children who have got allowances under the other prevailing laws may also get the allowance referred to in Section 9.

  1. To get facilities under the prevailing law: (1) Notwithstanding anything contained in Section 13, this Act shall not bar the person who is entitled to the social security allowance pursuant to this Act from receiving other kinds of social security to be receivable under the prevailing law.

(2) Except in cases where the families of the martyrs who have sacrificed their lives, of the persons subjected to enforced disappearance, warriors of democracy, persons with disabilities, and those injured and victims, in the course of popular movement, armed conflict and revolution having taken place for a progressive democratic change in Nepal have got the social security pursuant to the prevailing law, they shall get the security or honor as prescribed.

(3) The Government of Nepal may adopt a unified system on the provision of the social security allowance to be provided pursuant to this Act and other social security to be provided pursuant to the prevailing law.

  1. Not being entitled to social security allowance: The following persons shall not get the social security allowance referred to in this Act:

(a)        The persons who are appointed, elected, nominated for any government or public offices,

(b)        The persons who are receiving pension from a government fund,

(c)        The persons who are regularly receiving remuneration, pension, retirement facility and other incentives in any other manner.

  1. Identity card: (1) The concerned Local Level shall give identity cards in the prescribed format to the persons entitled to get the social security allowance pursuant to this Act.

(2) The identity of the guardian, curator or caretaker of the person entitled to get the social security allowance shall also be set out in the identity card to be given pursuant to sub-section (1).

(3) The Local Level shall review, and update the records of, the identity cards relating to disabilities every year.

(4) Other provisions relating to the identity cards to be given pursuant to sub-section (1) shall be as prescribed.

(5) The citizens who have not got the identity cards pursuant to sub-section (1) shall not get the social security allowance.

  1. Distribution of social security allowance: (1) The Local Level shall distribute the social security allowance on the basis of the identity cards referred to in Section 16.

(2) The process and modes for the distribution of social security by the Local Level pursuant to sub-section (1) shall be as prescribed.

(3) The payment of the social security allowance shall be made only through the banking system in such area and from such date as specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

  1. To maintain records: (1) The Local Level shall maintain records of social security distributed pursuant to this Act, in the prescribed format.

(2) The Local Level shall send the description of the distribution of social security to the concerned body of the Government of Nepal in such format and with such period as prescribed.

(3) Other provisions relating to the management of records referred to in sub-section (1) shall be as prescribed.

  1. To delete the name of person entitled to social security: (1) The Local Level shall delete the name of a person who has got the social security allowance from its records in any of the following conditions:

(a)        Where the person entitled to the social security allowance has migrated to elsewhere,

(b)        Where the helpless single woman has got married,

(c)        Where the person has been disqualified to get social security pursuant to this Act,

(d)       Where the person has died,

(e)        In such other conditions as prescribed.

(2)        In cases where the person entitled to the social security allowance pursuant to clause (a) of sub-section (1) is to migrate to another place, the Local Level concerned shall mention that description in the identity card.

  1. To manage budget by the Government of Nepal: (1) The Government of Nepal shall have the obligation of the social security allowance pursuant to this Act.

(2) Additional social security allowance shall not be so distributed by the Provincial and Local Governments under the respective headings that it is in overlapping (duplication) with the social security allowance to be distributed by the Government of Nepal.

Chapter-3 Offences and Punishment

  1. Offences and punishment: (1) In cases where a person does any of the following acts, he or she shall be deemed to have committed the offence under this Act:

(a)        Taking the social security allowance by lying the description,

(b)        Taking the social security allowance contrary to this Act or the Rules framed under this Act,

(c)        Misusing the social security allowance received by any person or using it against his or her interest, by his or her guardian, curator or caretaker or other person,

(d)       Misusing of the social security allowance by the official who distributes the social security allowance,

(e)        Submitting a false description or making a false recommendation.

(2)        In cases where a person commits any of the offences referred to in clauses (a), (b), (c) and (e) of sub-section (1), the person shall be liable to a fine that is equal to the claimed amount, after recovering the amount taken by him or her who commits such offence.

(3) In cases where a person commits the offence referred to in clause (d) or makes a false recommendation under clause (e) of sub-section (1), the concerned official shall be punished under the prevailing law.

  1. To make complaint: Any person may make a complaint on the offence under this Act to the Judicial Committee of the concerned Local Level.
  2. To try cases: (1) The Judicial Committee of the Local Level concerned shall try and settle the cases other than that referred to in clause (d) of sub-section (1) of Section 21 under this Act.

(2) The Judicial Committee shall try and settle the case referred to in sub-section (1)) within one hundred and twenty days from the date of its filing.

(3) Notwithstanding anything contained in sub-sections (1) and (2), in cases where a complaint related to the offence referred to in clause (d) of sub-section (1) of Section 21 is made, such a complaint shall be sent to the body concerned for necessary action.

  1. Appeal: A person who is not satisfied with the decision made by the Judicial Committee pursuant to Section 23 may make an appeal to the District Court within thirty-five days from the date of receipt of information of such decision.
  2. Punish imposable under the prevailing law: In cases where any act deemed to be an offence under this Act is also deemed to be an offence under the prevailing law, nothing contained in this Act shall be deemed to bar from instituting and proceeding the case under the prevailing law on such an offence.

Chapter-4 Miscellaneous

  1. Provision relating to monitoring: The provisions relating to the management of records of the persons who get social security and monitoring of the distribution of allowances shall be as prescribed.
  2. Power to establish care center: The Government of Nepal, Provincial Government or Local Level may establish and operate care centers, as prescribed, for taking care of the orphan children, incapacitated and helpless persons, persons with disabilities and senior citizens.
  3. To make report: Every Local Level shall provide description of the distributed social security allowance to the Government of Nepal and the concerned Provincial Government on a four-monthly basis.
  4. Power to frame Rules: The Government of Nepal may frame necessary Rules in order to implement this Act.

Provided that nothing herein contain shall prevent the provision of such social security allowances as being distributed by the Government of Nepal until the Rules have been framed under this Act.

  1. To make directives and procedures: The Ministry of the Government of Nepal looking after the matters relating to federal affairs may make necessary directives and procedures, subject to this Act and the Rules framed under this Act, on the distribution of the social security allowance.
  2. Power to alter the Schedule: The Government of Nepal may make necessary alteration in the Schedule, by publishing a notice in the Nepal Gazette.
  3. This Act to prevail: The matters contained herein shall be governed by this Act, and the other matters shall be governed by the prevailing law.

The Act Relating to Rights of Persons with Disabilities, 2074 (2017)

 

Date of Publication in the Nepal Gazette

2074.6.29 (15 October 2017)

Amending Act

The Act Relating to Rights of Persons with Disabilities

(First Amendment), 2075 (2018)                                            2075.6.2 (18 September 2018)

Act No.25 of the year 2074 (2017)

An Act Made to Provide for the Amendment and Consolidation of Laws Relating to the Rights of Persons with Disabilities

Preamble:

Whereas, it is expedient to amend and consolidate laws relating to rights of persons with disabilities in order to respect their civil, political, economic, social and cultural rights by doing away with discrimination against persons with disabilities and to ensure the environment that enables persons with disabilities to earn self-reliant and respectful living by empowering persons with disabilities and getting them to have participation in the process of policy making, and development;

Now, therefore, be it enacted by the Legislature-Parliament pursuant to clause (1) of Article 296 of the Constitution of Nepal.

 

Chapter-1 Preliminary

 

  1. Short title and commencement: (1) This Act may be cited as the “Act Relating to Rights of Persons with Disabilities, 2074(2017).”

(2)        This Act shall commence on the ninety-first day of the date of its authentication.

  1. Definitions: Unless the subject or context otherwise requires, in this Act,

a. “Helpless person with disability” means a person with disability who does not have any property or any family member or guardian to attend, care and serve him or her or who cannot earn their living by way of self-employment.

b. “Person with disability” means a person who has long-term physical, mental, intellectual or sensory disability or functional impairments or existing barriers that may hinder his or her full and effective participation in social life on an equal basis with others;

c. ………..

d. “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.

e. “Steering Committee” means the Disability National Steering Committee referred to in Section 38;

f. “Family” means the grand-father, grand-mother, father, mother, son, daughter, elder brother, younger brother, elder sister, younger sister, husband or wife of a person with disability, and this terms also includes other relative of him or her relative living in the undivided family;

g. “Accessible” means a condition where the persons with disabilities can fully and with no barriers use, on an equal basis with others, human-made physical structures, means of transportation, information and communication equipment and technologies or services and facilities provided to the public in order to enable such persons so that they can live self-dependently and fully participate in every aspect of life;

h. “Rehabilitation Centre” means the rehabilitation centre as referred to in Section 29;

(h1)    “Enterprise” means any factory, organization, institution, association, company, firm or other organization that has been established, incorporated, registered, formed or in operation under the prevailing law with the objective of doing business, industry or service, with or without profit-motive;

i. “Language” means spoken or sign language and other forms of non-spoken languages;

j. “Ministry” means the Ministry of Women, Children and Senior Citizens, Government of Nepal;

k. “Communication” includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology;

l. “Coordination Committee” means the local coordination committee referred to in Section 42’

m. “Local Level” means a Rural Municipality or Municipality;

n. “Guardian” means a person appointed under the prevailing law for the protection of the rights and interests of the persons with disability;

o. “Protection Officer” means the officer referred to in Section 58.

The Right to Safe Motherhood and Reproductive Health Act, 2075 (2018)

Date of Authentication

2075/6/2 (18 September 2018)

Act Number 9 of the year 2075 (2018)

An Act Made to Provide for the Right to Safe Motherhood

and Reproductive Health

Preamble: Whereas, it is expedient to make necessary provisions on making motherhood and reproductive health service safe, qualitative, easily available and accessible, in order to respect, protect and fulfill the right to safe motherhood and reproductive health of the women conferred by the Constitution of Nepal,

Now, therefore be it enacted by the Federal Parliament.

Chapter-1 Preliminary

  1. Short title and commencement: (1) This Act may be cited as the “Right to Safe Motherhood and Reproductive Health Act, 2075 (2018).”

(2) This Act shall come into force immediately.

  1. Definitions: Unless the subject or the context otherwise requires, in this Act,-

(a)        “Emergency obstetric care” means the service available twenty-four hours to manage any complications in case such complications appear during the condition of pregnancy, child delivery or child birth.

(b)        “Basic emergency obstetric care” means the basic service such as administering antibiotic, magnesium sulfate or oxytocin, taking out entangled placenta and fetus membrane, give birth to infant with the help of vacuum and cleansing uterus in the case of occurrence of miscarriage.

(c)        “Teenager” means a person who is of the age group of over ten years up to nineteen years.

(d)       “Abortion” means the act of fetus coming out or taking it out of the womb or before the fetus remained in the uterus born naturally.

(e)        “Contraception” means the measures to prevent pregnancy by creating obstruction in the common process of ovulation, melting over sperm and ovum or ovum implantation.

(f)        “Contraceptives” means hormone-based or other means to help in the work of contraception.

(g)        “Abortion service” means the abortion service performed in a licensed health institution, by the licensed health worker upon fulfilling the process under this Act.

(h)        “Obstetric care” means the service referred to in Section 5.

(i)         “Pregnancy” means a period from the first day of the last menstruation occurred prior to conception up to remaining of fetus in the womb of a woman.

(j)         “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules framed under this Act.

(k)        “Newborn essential care” means the care including keeping the newborn warm, caring of navel and eyes, breast feeding, administering necessary vaccines.

(l)         “Newborn emergency care” means administering antibiotic, managing including hypothermia for the newborn during the state of infection, and managing the problems relating to respiration of such a new born.

(m)       “Family planning” means the plan to determine number of children or gap between pregnancies upon self interest by using or not using the contraceptives.

(n)        “Reproductive health” means physical, mental and social health condition related to reproductive system, process and function.

(o)        “Right to reproductive health” means the right referred to in Section 3.

(p)        “Morbidity” means the state of adversely affecting reproductive system due to reproduction, pregnancy, abortion, labor and sexual behavior, and this term also includes uterus prolapse, travail cavity, infertility, pelvic caner and similar other state of such types that affects reproductive system.

(q)        “Midwife” means a trained health worker to help in child birth of the pregnant woman.

(r)        “Ministry” means the Ministry of the Government of Nepal looking after the matters relating to health.

(s)        “Comprehensive emergency obstetric care” means blood transmission and surgery service, in addition to basic emergency obstetric care mentioned in clause (b).

(t)        “Safe motherhood” means motherhood service to be provided to women pursuant to this Act during the state of pregnancy, labor and child birth.

(u)        “Health institution” means a hospital, nursing home, medical college or health academy operated in governmental, non-governmental, community or private level, and the term also includes primary health center, health post or health institution operated under any other name.

Chapter-2 Right to Reproductive Health

  1. Right to reproductive health: (1) Every woman and teenager shall have the right to obtain education, information, counseling and service relating to sexual and reproductive health.

(2) Every person shall have the right to obtain service, counseling and information relating to reproductive health.

(3) Every woman shall have the right to safe motherhood and reproductive health. Every woman shall have the right to determine the gap between births or the number of children.

(4) Every person shall have the right to get information regarding contraceptives and use them.

(5) Every woman shall have the right to obtain abortion service pursuant to this Act.

(6) Every woman shall have the right to nutritious, balanced diet and physical rest during the condition of pregnancy and child birth and morbidity.

(7) Every woman shall have the right to get necessary counseling, obstetric care, and postpartum contraceptive service.

(8) Every woman shall have the right to get emergency obstetric care, basic emergency obstetric care, comprehensive emergency obstetric care, essential care for the new born baby and emergency care of the new born baby.

(9) Every person shall have the right to get reproductive health service needed during different situation of his/her lifecycle, in easily available, acceptable and safe manner.

(10) Every person shall have the right to make a choice of reproductive health service.

  1. To remain confidential: The reproductive health service obtained by every person and information regarding this shall remain confidential.

Chapter-3 Safe Motherhood and Newborn Baby

  1. Right to get obstetric service: (1) Every woman shall have the right to get her examined or checked whether she is pregnant or not, upon going to a health institution.

(2) The health institution concerned shall have to provide the pregnant woman, coming to get service pursuant to sub-section (1), with the services as follows:

(a)        To check health at least four times during the pregnancy in normal condition,

(b)       To check health as per the advice of a physician or competent health worker during the prescribed condition except that referred to in clause (a),

(c)       To receive appropriate counseling relating to health care,

(d)       To obtain safety measures and minimum care to be adopted during pregnancy.

  1. To provide obstetric care: (1) A governmental and community health institution providing obstetric care shall have to arrange competent health worker to provide obstetric care, or midwife or other trained health worker if such a competent health worker is not available.

(2) The non-governmental and private health institution fulfilling the standard prescribed by the Government of Nepal shall have to provide obstetric care in a respectful manner.

  1. Emergency obstetric and newborn care: (1) The governmental and community health institutions providing obstetric care shall have to provide obstetric care in a respectful manner.

(2) The non-governmental and private health institutions fulfilling the standard prescribed by the Government of Nepal shall have to provide emergency obstetric and newborn care.

(3) In case the health institutions referred to in sub-sections (1) and (2) are not able to manage the complications that arise while providing service by them, they shall have to refer to a governmental or community health institution to the extent possible and to a non-governmental and private institution if not possible.

(4) It shall be the duty of the health institution concerned to manage the health complications of the conditions related to the pregnant, childbirth or newborn who comes upon being referred pursuant to sub-section (3).

(5) The health institution providing emergency obstetric and newborn care shall have to make provision of resting place as prescribed for the pregnant women of the condition as prescribed.

  1. Health care of newborn baby: The health institutions providing obstetric care shall have to make provisions relating to health care of the newborn baby as per the standard prescribed.
  2. To maintain record of the births of infants: (1) Each health institution shall have to maintain record of the infants born in that health institution.

(2) On the basis of the record referred to in sub-section (1), the health institution shall have to provide the father or mother with the certificate of the infant born in its health institution by stating the name of father or mother of the infant.

(3) Each health institution shall have to maintain a record revealing the number of the dead infants and the women who have undergone miscarriage or abortion.

(4) Each health institution shall have to maintain a record of dead women, if any, who come for the obstetric care.

  1. Right to obtain family planning service: (1) Every person shall have the right to information, make choice relating to family planning, and get other services relating to family planning.

(2) The service relating to family planning as prescribed shall have to be obtained from the health institution as prescribed.

(3) Other matters relating to family planning shall be as prescribed.

  1. Not to get family planning performed forcefully: It is forbidden to get family planning of any one performed forcefully by coercing, or threatening or enticing or tempting or without obtaining written consent of such person.
  2. Not to get contraceptives used forcefully: It is forbidden to get the contraceptives used by coercing any one, or threatening or enticing or tempting or without obtaining consent of such person.
  3. Right to obstetric leave: (1) Any woman working in a governmental, non-governmental or private organization or institution shall have the right to get obstetric leave with pay, for a minimum of ninety-eight days before or after the delivery.

(2) In case the obstetric leave referred to in sub-section (1) is not sufficient to any pregnant woman, such a woman shall have the right to get leave without pay, for a maximum of one year upon the recommendation of the expert doctor.

(3) A governmental, non-governmental or private organization or institution shall have to make necessary arrangement for the woman working in its office for breast feeding during the office hours up to two years from the birth of the infant.

(4) Even if any pregnant woman gives birth to a dead infant or if the infant dies after birth, such a woman shall enjoy the leave referred to in sub-section (1).

(5) If the wife of a male employee working in a governmental, non-governmental or private organization or institution is going to deliver a baby, such an employee shall get the obstetric care leave with remuneration for fifteen days before or after delivering the baby.

  1. To provide additional leave: If complicated surgery is to be conducted as per the opinion of the specialist doctor due to morbidity, the governmental, non-governmental or private organization or institution shall have to provide the woman working in its office with an additional leave with pay for a maximum of thirty days before or after conducting such surgery.

Chapter-4 Safe Abortion

  1. To perform safe abortion: A pregnant woman shall have the right to get safe abortion performed in any of the following circumstances:

(a)       Fetus (gestation) up to twelve weeks, with the consent of the pregnant woman,

(b)        Fetus (gestation) up to twenty-eight weeks, as per the consent of such woman, after the opinion of the licensed doctor that there may be danger upon the life of the pregnant woman or her physical or mental health may deteriorate or disabled infant may be born in case the abortion is not performed,

 (c)       Fetus (gestation) remained due to rape or incest, fetus (gestation) up to twenty-eight weeks with the consent of the pregnant woman,

(d)       Fetus (gestation) up to twenty-eight weeks with the consent of the woman who is suffering from H.I.V. or other incurable disease of such nature,

(e)        Fetus (gestation) up to twenty eight weeks with the consent of the woman, as per the opinion of the health worker involved in the treatment that damage may occur in the womb due to defects occurred in the fetus (gestation), or that there is such defect in the fetus of the womb that it cannot live even after the birth, that there is condition of disability in the fetus (gestation) due to genetic defect or any other cause.

  1. Not to get abortion conducted forcefully: (1) Except in the circumstance as referred to in Section 15, no one shall conduct or get abortion conducted with an intention to get the abortion conducted or knowingly or having reason to believe that the abortion can occur.

(2) No one shall get the abortion conducted by coercing a pregnant woman, threatening, enticing or tempting her.

(3) If any of the following acts is committed, it shall be deemed to have got abortion performed:

(a)        Getting abortion conducted pursuant to sub-section (2),

(b)        Miscarriage that occurs while something is done to the pregnant woman with some enmity,

(c)        Making assistance to commit acts referred to in clauses (a) and (b),

(4) While conducting abortion, in case the abortion does not occur instantly but a living infant is born, and if the infant, which is born as a result of such an act dies immediately, it shall be deemed to have got the abortion conducted for the purposes of this Section.

  1. Not to commit abortion upon identifying sex: (1) No one shall commit or cause to be committed an act to identify the sex of the fetus in the womb.

(2) A pregnant woman shall not be pressurized or compelled or intimidated or coerced or enticed or entrapped in undue influence to identify the sex of the fetus.

(3) Conducting abortion or causing it to be conducted, by identifying the sex pursuant to sub-sections (1) and (2), is prohibited.

  1. Safe abortion service: (1) The licensed health worker who has fulfilled the prescribed standards and qualification shall have to provide the pregnant woman with safe abortion service pursuant to Section 15 in the licensed health institution.

(2) Appropriate technology and process of the service to be provided as referred to in sub-section (1) shall be as prescribed.

(3) The pregnant woman who wants to obtain the safe abortion service shall have to give consent in the prescribed format to the health institution which has obtained a license, or to the health worker who has obtained a license.

(4) Notwithstanding anything contained in sub-section (3), in the case of a woman who is an insane, who is not in a condition to give consent instantly or who has not completed the age of eighteen years, her guardian or curator shall have to give consent.

(5) Notwithstanding anything contained in sub-section (4), in the case of a woman who is below the age of eighteen years, safe abortion service shall have to be provided by considering her best interests.

  1. To maintain confidentiality: (1) The licensed health institution or licensed health worker shall have to keep confidential all records, information, documents related to reproductive health of the pregnant woman and counseling and service provided to her.

(2) Notwithstanding anything contained in sub-section (1) the records relating to such information, document and counseling service may be made available on the following conditions:

(a)        If information is demanded by the investigation authority or court in course of investigation and hearing of any lawsuit,

(b)        If it is required to quote without revealing identity of the related woman for the purpose of study, research or monitoring relating to safe abortion,

(c)        If the woman concerned demands herself the records thereof.

Chapter-5 Morbidity

  1. Right to obtain morbidity care: (1) Every woman shall have the right to get her examined, obtain counseling and receive treatment relating to morbidity  by or in the health institution.

(2) It shall be the duty of the concerned health institution or health worker to provide information of the matters relating to the care to be followed on the condition of morbidity and in the condition following the surgery, and the hazards likely to be caused by it while providing service referred to in sub-section (1) in a manner that such information is understandable.

  1. Not to displace: No one shall divorce, expel from home or displace anyone or get any one divorced, expelled or displaced by showing the reason of morbidity.

Chapter-6 Budget Appropriation and Grant for Motherhood and Reproductive Health

  1. To appropriate grant amount: (1) The Government of Nepal shall have to appropriate grant amount through its budget every year for every Local Level for the purpose of motherhood and reproductive health service.

(2) The Provincial Government shall have to appropriate certain amount through its budget as grant every year, as per the Provincial law, for the Local Level for the purpose of motherhood and reproductive health service.

(3) The Local Level concerned shall have to spend the amount appropriated as per sub-sections (1) and (2) for the motherhood and reproductive health of the economically extremely destitute women as prescribed.

  1. To appropriate budget by Local Level: (1) The Local Level shall have to appropriate necessary budget from its annual budget for the purposes of motherhood and reproductive health service.

(2) While appropriating budget as referred to in sub-section (1), it shall have to be appropriated in such a way that governmental and community health institutions providing motherhood and reproductive health service receive it.

  1. Reproductive Health Coordination Committee: (1) In order to make necessary suggestions to the Government of Nepal for preparing policies, plans and programs relating to safe motherhood and reproductive health, there shall be one Reproductive Health Coordination Committee as follows:

(a)       Secretary, Ministry of Health and Population           -Chairperson

(b)       Joint-secretary, Ministry of Women, Children

and Senior Citizens                                                                -Member

(c)        Joint-Secretary, Ministry of Education, Science and

Technology                                                                             -Member

(d)       Director General, Department of Health Services              -Member

(e)        Representative, Nepal Medical Council                              -Member

(f)        Representative, Nepal Nursing Council                             -Member

(g)        Representative, Nepal Health Professional Council         -Member

(h)        Legal Officer, Ministry of Health and Population              -Member

(i)         Two representatives including one woman nominated

 by the Ministry from among the professional

 institutions/persons conducting studies and research

 or extending service in the field of reproductive health

 and right to reproduction                                                      -Member

(j)         One representative of Nepal Health Volunteers

 Association designated by the Ministry                              -Member

(k)        Director, Family Welfare Division, Health Service Department                                                                               -Member-secretary

(2) The Coordination Committee may invite the expert engaged in the sector of reproductive health and right to reproduction to the meeting as required.

(3) The procedures relating to the meeting of the Committee shall be as determined by the Committee itself.

Chapter-2 Classification of Disability, Identity Card and Records

 

  1. Classification of disability: (1) The classification of disability shall be as contained in Schedule.

                        (2) The Ministry may, as prescribed, make alteration in the classification of disability referred to in sub-section (1), on the recommendation of the Committee.

  1. Provisions relating to disability identity card: (1) In order to obtain the disability identity card, a person with disability himself or herself or any of his or her family members or guardian shall make an application, along with recommendation of the concerned Ward Office to the Local Level.

                        (2) Notwithstanding anything contained in sub-section (1), if a person with disability is not able to make an application on his or her own or any of his or her family members or guardian is not available, the Ward Chairperson of the concerned Ward may, on his or her behalf, make an application pursuant to sub-section (1) for the disability identity card.

(3) Upon receipt of an application pursuant to sub-section (1) or (2), the Local Level shall make necessary inquiry into the application, and in the case of the person with disability whose disability appears clearly upon making such inquiry, issue the disability identity card in the prescribed format, also specifying the classification of disability.

(4) If, in making inquiry into the application pursuant to sub-section 3, it is not clear to which classification of disability the person belongs or there is a doubt as to whether the person has disability, the Local Level shall submit the matter to the coordination committee, and shall give the disability identity card pursuant to sub-section (3), on the basis of Recommendation of that committee.

(5) Before making the recommendation pursuant to sub-section (4), the coordination committee shall, if it considers necessary to have physical examination of the person obtaining disability identity card, have the health-check-up of that person in a nearby government hospital, at the expenses of the Local Level.

(6) If, upon making an inquiry or physical examination pursuant to this section, it appears that the disability identity card cannot be issued to any person, the Local Level shall give information thereof, along with the reason, to the applicant.

(7) A person who is not satisfied with the decision made by the Local Level not to issue the disability identity card pursuant to sub-section (6) may make a complaint in the ministry or the official designated by the Ministry within thirty-five days and the decision made by the Ministry on such a complaint shall be final.

(8) Other provisions relating to the issuance of the identity card to the person with disability shall be as prescribed.

  1. Prohibition on obtaining identity card by giving false details: (1) No person shall obtain the disability identity card by giving false details or obtaining the disability identity card of another category of disability by giving false details to the effect that the person belongs to that category of disability.

                        (2) If any person obtains the disability identity card in contravention of sub-section (1), the identity card obtained by that person shall be cancelled, and action shall be taken against that person under this Act.

(3) Notwithstanding anything contained in sub-section (2), if it appears that any authority has issued another category of identity card to a person with disability despite that the real details were provided, recommendation shall be made for action against the authority issuing that identity case, under the prevailing law.

(4) If it is found that any person has, on the basis of the disability identity card obtained by furnishing  false details, been appointed to the post that is reserved for the person with disability in accordance with the prevailing law, notwithstanding anything contained in the prevailing law, such appointment shall be cancelled at any time, the salary and other facilities obtained by him or her shall be recovered as government dues, and such a person shall be punished under the prevailing law as if he or she has lied the qualification for obtaining the post.

6.        To maintain records: (1) The Local Level shall prepare records, along with the details as prescribed, of the persons with disabilities who reside permanently within its area and update such records each year.

(2) The Local Level shall forward the records updated in accordance with sub-section (1) to the Ministry looking after the federal affairs of the Government of Nepal, Ministry and the Provincial Ministry looking after the social sector.

(3) The Ministry shall prepare integrated details of the persons with disabilities, on the basis of the records received pursuant to sub-section (2).

(4) It shall not be bound to provide the services and facilities to be provided under this Act to those persons with disabilities who are not included in the records pursuant to this Sect

 

Chapter-7 Offence and Punishment

  1. Offence deemed to have been committed: If one commits any of the following acts, one shall be deemed to have been committed the offence under this Act:

(a)        To deprive one of receiving the obstetric care referred to in Section 5,

(b)        Refusal to provide obstetric care by any health institution providing obstetric care pursuant to Section 6,

(c)        Referral to other health institution deliberately even upon the treatment being possible in his or her health institution, or,

(d)       Non-issuance of birth certificate by the health institution pursuant to Section 9,

(e)        Forceful conduction of family planning as referred to in Section 11,

(f)        Making forceful use of contraceptive as referred to in Section 12,

(g)        Conduction of abortion as referred to in Section 16,

(h)        Commission of any act to identify sex of the fetus in contrary with the provisions of sub-sections (1) and (2) of Section 17,

(i)         Causing abortion upon identifying sex as referred to in sub-section (3) of Section 17,

(j)         Breaching, or causing to be breached of, confidentiality in contravention of the provisions of sub-section (2) of Section 19,

(k)        Making or causing to be made displacement in contrary to the provision of Section 21,

(l)         Making discrimination contrary to the provision of Section 29.

  1. Punishment: If one commits, or causes to be committed, any act that is deemed to be the offence as referred to in Section 25, one shall be liable to the following punishment according the gravity of the offence:

(a)        Imprisonment for a term not exceeding six months or fine not exceeding fifty thousand rupees or both the penalties for committing or getting committed the offence referred to in clauses (a), (b), (c), (d) and (l),

(b)        Imprisonment for three months to six months and fine not exceeding fifty thousand rupees for committing or getting committed the offence referred to in clauses (e) and (f),

(c)        Punishment referred to in Section 188 of National Criminal Code, 2074 (2017) for committing or causing to be committed the offence referred to in clauses (g), (h) and (i),

(d)       Fine not exceeding fifty thousand rupees for committing or causing to be committed the offence as referred to in clause (j),

(e)        Imprisonment for a term not exceeding one year and fine not exceeding one hundred thousand rupees or both the penalties for committing or causing to be committed the offence referred to in clause (k).

  1. Provision of compensation: A person who is victimized from the offence under this Act shall be provided with reasonable compensation by the perpetrator.

Chapter-8 Miscellaneous

  1. To provide disability friendly service: While providing services including family planning, reproductive health, safe motherhood, safe abortion, emergency obstetric and newborn care, morbidity under this Act, such services shall have to be adolescent and disability friendly.
  2. Not to discriminate: No one shall discriminate on the right to get monthly services including family planning, reproductive health, safe motherhood, safe abortion, emergency obstetric and newborn care, morbidity on the ground of one’s origin, religion, color, caste, ethnicity, sex, community, occupation, business, sexual and gender identity, physical or health condition, disability, marital status, pregnancy, ideology, state of being infected with or vulnerable to any disease or germ, state of morbidity, personal relationship or any other similar ground.
  3. Provision of protection home: For the protection of reproductive health of a woman who is mentally disabled, neglected from the house, family or relatives or raped, the Federal, Provincial and Local Levels shall have to make arrangement with reciprocal coordination for keeping such a woman in a protection home.
  4. To give directives: (1) The Ministry may give necessary directives to health institutions to provide service of reproductive health.

(2) It shall be the duty of the concerned health institution to comply with the directives received pursuant to sub-section (1).

  1. Service charge: (1) The governmental health institution or health institution that receives government grants shall have to provide free reproductive health service.

(2) Private, non-governmental and community health institutions may take service charge as prescribed for providing reproductive health service.

(3) Notwithstanding anything contained in sub-section (2), private, non-governmental and community health institutions and health workers shall have to make the service easily available, and provide free service (quota) as prescribed for the person who is unable to pay the service charge.

  1. Obstetric allowance: The Government of Nepal shall have to provide the extremely destitute woman who delivers baby with obstetric allowance as prescribed.
  2. Saving of act done in good faith: Notwithstanding anything contained elsewhere in this Act, no legal action shall be instituted against any health institution and health worker for any matter of the reproductive health service provided in good faith.
  3. Authority to try cases: (1) The concerned District Court shall have the authority to originally adjudicate the cases of the offence under this Act.

(2) A person who is not satisfied with the punishment or order made by the District Court pursuant to sub-section (1) may make an appeal in the concerned High Court.

  1. Government of Nepal to become plaintiff: (1) The Government of Nepal shall become the plaintiff in the cases referred to in Section 25.

(2) The cases referred to in Section 25 shall be deemed to have been included in Schedule-1 of the National Criminal Procedure Code, 2074 (2017).

  1. Limitation: No complaint shall lie after the expiry of six months from the date of knowledge of the commission of any offence under this Act.
  2. To be in accordance with prevailing law: The matters contained in this Act shall be governed by this Act and the matters not contained in this Act shall be in accordance with the prevailing law.
  3. Power to frame rules: The Government of Nepal may frame necessary rules in order to implement this Act.
  4. To issue directives: The Ministry may frame and implement the necessary directives subject to this Act and the rules framed under this Act.

Chapter-3 Rights of Persons with Disabilities

 

  1. Entitlement to enjoy rights under the prevailing law: The persons with disabilities shall have the right to enjoy the rights granted under the prevailing law on an equal basis with others, in addition to the rights granted by this Act.
  2. Right against discrimination: (1) No person with disability shall be subjected to discrimination on the basis of disability or be deprived of personal liberty.

Explanation: For the purposes of this Section, “discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, and this term also includes denial of reasonable accommodation.

(2) No person shall make any kind of discrimination on the basis of disability in making enrolment of a person with disability in an educational institute, in lending loans by a bank or financial institution, with or without security, or doing other financial transaction or in selecting any employment or in providing any service, facility provided publicly whether for fee or reward.

(3) No member of his or her family or guardian shall, on the basis of disability, make any kind of discrimination against a person with disability in the maintenance, care, provision of foods, distribution of property or any other act.

(4) No person shall, on the basis of disability, be prohibited from using or entering into any building or place that is open for use or entry by the general public whether with or without fee or no additional terms or liability shall be imposed in this respect on such basis.

  1. Right to community life: (1) A person with disability shall have the right to live with his or her family or guardian or in a place of residence chosen by him or her, on an equal basis with others, and he or she shall not be compelled to live in any specific place.

(2) The persons with disabilities shall have the right to obtain assistive materials and community assistance in order to earn the living respectfully.

  1. Right of protection: (1) The person with disability shall have the right to obtain protection against any kind of inhuman or degrading treatment, physical or mental violence, gender-based violence, domestic violence, sexual harassment and exploitation by the family guardian or other person.

(2) The persons with disabilities shall have the right to obtain security, rescue and protection with priority in times of armed conflict, state of emergency or disaster.

(3) The Government of Nepal shall make the following provisions in order to protect the persons with disabilities against any kind of exploitation, violence and harassment including gender-based violence:

(a)        To obtain information of incidents of exploitation, violence, harassment, gender-based and sexual violence committed against the persons with disabilities, and maintain records thereof,

(b)        to take effective legal action in accordance with this Act and the prevailing law against exploitation, violence and incidents referred to in clause (a),

(c)        To immediately and effectively provide security to, rescue, protect and rehabilitate, the victims from such incidents,

(d)       To make proper arrangements for preventing such incidents,

(e)        To launch awareness and counselling programs at the community level against such incidents.

  1. Right of political participation: (1) The persons with disabilities shall, on an equal basis with others, have the right to become candidate in elections in a fearless environment and to cast votes voluntarily, with or without assistance of others.

(2) The Government of Nepal shall make appropriate provisions that the process and facilities of voting are accessible to the persons with disabilities and materials related thereto are easily understandable by and accessible to them.

  1. Right of participation in policy making: (1) The persons with disabilities shall have the right to participate on their own or through their related unions, organisations in the process of development of important policies that may affect them.

                        (2) In making participation in the development of policies pursuant to sub-section (1), the views expressed by the persons with disabilities shall be given appropriate place on the basis of relevancy.

  1. Right to form unions: The persons with disabilities shall have the right to establish, operate and manage unions or organisations in accordance with the prevailing law.
  2. Right to participate in the cultural life: (1) The persons with disabilities shall have the right to participate, on an equal basis with others, in cultural programs or services and entertainment, including television programs, films, dramas, theatres, cinema halls, libraries, tourism services, arts, literature and music, in accessible formats and manner.

(2) The persons with disabilities shall have the right to develop and utilize their creative, artistic, intellectual, professional and internal potentiality.

(3) The persons with disabilities shall have the right, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture.

  1. Right of access to services, facilities and justice: (1) The persons with disabilities shall have the right to have easy access to other services and facilities that are open or provided for the public, including educational institutes, housing, workplaces, buildings, roads, transportation, and electronic communication services.

(2) The persons with disabilities shall have the right to free legal aid in order to ensure that they have access to justice.

  1. Right to social security: (1) The persons with disabilities as prescribed shall have the right to obtain economic assistance or social security as prescribed from the Government of Nepal.

                        (2) The persons with disabilities shall, in obtaining and enjoying any opportunity, have the right to get reimbursement for additional expenses incurred in the assistive services that they use.

  1. Right to Information: (1) The persons with disabilities shall have the right to obtain information from public communication media in disabled friendly and accessible formats.

(2) Electronic broadcasting Institutions of public communication shall conduct news and other programs in sign language in such a number as specified by the Government of Nepal.

(3) The persons with disabilities shall have the right to obtain the information that is intended for the public in accessible formats and appropriate technology without any additional fees or charges.

(4) Communication service providers, including telephone and internet, shall make available the services that they provide to the persons with disabilities in accessible formats and usable manner, within the period specified by the Government of Nepal.

  1. Right to movement: The persons with disabilities shall have the right on an equal basis with others to make movement with their assistant materials and assistance of persons of their choice.

 

Chapter-4 Additional Rights of Women and Children with Disabilities

 

  1. Rights of Women with Disabilities: (1) The Government of Nepal shall make necessary provisions as prescribed to protect the rights of women with disabilities and to create an environment that is conducive to the maximum use of their knowledge, skill and potential.

(2) The Government of Nepal shall make necessary provisions for the protection of their health and the reproductive right, taking into account the special situation of the women with disabilities.

  1. Rights of children with disabilities: (1) The children with disabilities shall have the right to ensure their dignity and honour, promote self-reliance, participate actively in the society and earn the living in a respectful manner.

(2) The children with disabilities shall have the right to obtain education, training, health, care, rehabilitation service, preparation for employment and opportunities of entertainment in order to assimilate in the society and make personal development.

(3) The children with disabilities shall have the right, on an equal basis with other children, to express their views on all matters affecting them and their views shall be given due weight in accordance with their age and maturity.

(4) Except where an order is made by the court for the best interests of a child with disability, such child shall not be detached from his or her home, family on the basis of disability.

(5) The Government of Nepal shall make appropriate provision on curricula, course books and teaching and learning matters in order to address be learning needs of the children with intellectual disabilities, mental disabilities, autism, mental paralysis or hearing and sight disabilities.

(6) The children with disabilities shall have the right to such special protection as prescribed.

The Right to Housing Act, 2075 (2018)

              Date of Authentication

2075.6.2 (September 18, 2018 A.D.)

 

Act number 12 of the year 2075 (2018)

An Act Made To Provide for Right to Housing

Preamble: Whereas, it is expedient to make necessary provisions on providing the homeless citizens with appropriate and safe housing facility in accordance with the Constitution of Nepal;

Now, therefore, be it enacted by the Federal Parliament.

Chapter-5 Education of Persons with Disabilities

 

  1. To provide free education: (1) The educational institutes operated by the Government of Nepal or Local Level or that receive grants from the Government of Nepal shall provide free higher education to the persons with disabilities.

                        (2) The educational institutes as prescribed by the Government of Nepal shall provide free higher education to the persons with disabilities.

(3) No fee of any kind shall be collected form a person with disability for getting admission to an educational institute.

(4) The vocational and technical education as prescribed shall be freely provided to the persons with disabilities.

(5) No educational institute shall discriminate against the persons with disabilities with regard to extra-activities, distribution and access to educational materials.

(6) The Government of Nepal shall make provisions to provide education to the persons with disabilities through more than one means such as brail or alternative scripts, sign language, means of information technology and peer learning, in order to ease the imparting of education.

(7) The Government of Nepal shall make provisions to provide education as prescribed through accessible information technology means, including appropriate language method, scripts, curricula and coursebooks, to the persons with sight disabilities, hearing disability, hearing impairment, sight and hearing impairment.

(8) The Government of Nepal may make arrangements for the provision of education along with hostel facility to such persons with disabilities as prescribed, on the basis of, inter alia, indigency, geographical remoteness or severity of disability.

(9) The persons with disabilities shall be enabled to obtain access to vocational and technical education, adult education, practical education and continuing learning, by providing them with reasonable accommodation.

(10) The Government of Nepal shall, on the basis of the classification of disabilities, make separate provision, as required, with regard to education and evaluation system of the students with disabilities.

(11) The educational institutes shall make provisions of disability friendly educational materials, having regard to the needs of the persons with disabilities.

(12) The educational institutes shall build school buildings and other physical structures in accordance with the standards determined by the Government of Nepal, in such a manner as to ensure the access of the persons with disabilities.

(13) The educational institutes operated by the private sector shall provide fee study facilities to such a number of the students with disabilities as determined by the Government of Nepal.

  1. To provide scholarship and financial assistance: (1) The Government of Nepal shall provide educational scholarship as prescribed for the education that has not been made free for the students with disabilities.

                        (2) The Government of Nepal shall provide financial assistance as prescribed for the development of physical infrastructures and other services, facilities of the schools that operate special education programs for the students with disabilities.

  1. To enhance access of the students with disabilities to quality education: (1) The Government of Nepal shall make necessary provision as prescribed to give continuity to and promote study of the students with disabilities.

                        (2) The Government of Nepal shall make provisions for special trainings for the teachers with disabilities and teachers who teach the students with disabilities.

(3) The Government of Nepal shall make freely available the educational materials as prescribed to the schools in order to ensure the access of the students with disabilities to schools and learning.

Chapter-1 Preliminary

  1. Short title and commencement: (1) This Act may be cited as the “Right to Housing Act, 2075 (2018).”

(2)       This Act shall come into force immediately.

  1. Definition: Unless the subject or the context otherwise requires, in this Act,-

(a)        “Housing” means building, house, part of it or such permanent or temporary, partial or full structure constructed for the residential purpose.

(b)        “Place of housing” means the housing and the four corners occupied by it, and this term also includes the place having joint or group housing.

(c)        “Housing site” means the group of one or more places of housing.

(d)       “Homeless” means the person and family to be provided with the housing facility referred to in Section 7.

(e)        “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.

(f)        “Family” means husband or wife, son, daughter-in-law, daughter, adopted son, adopted daughter, father, mother, step-mother, elder brother, elder sister-in-law, younger brother, younger sister-in-law, elder sister and younger sister of the citizen acquiring the housing facility.

                        Provided that this term does not mean the family any of the members who have settled, dealing with his or her own occupation and business after separation of bread and board and partition under law.

(g)        “Ministry” means the Ministry of the Government of Nepal that looks after the matters of housing.

(h)        “Local Level” means the Rural Municipality or Municipality.

Chapter-2 Respect, Protection and Fulfillment of Right to Housing

  1. Right to housing: (1) Every citizen shall have the right to an appropriate housing, and such right shall be respected, protected and fulfilled pursuant to this Act and other prevailing laws.

(2) Under the right to housing referred to in sub-section (1), every citizen shall have the following rights:

(a)        To make safe, appropriate and suitable housing according to his or her capacity, subject to the standards determined by the prevailing law, to settle in that housing and use it,

(b)        To stay safe from the condition of life being into the risk due to the lack of housing,

(c)        To make choice of the place of housing pursuant to the prevailing law, and make provision for housing at a suitable place by migration,

(d)       To respect and protect his or her religious, social and cultural identity at the place of housing,

(e)        To conserve without constructing physical structure in the designated open area in his or her place of housing and surroundings.

(3)  The responsibility to respect, promote, protect, fulfill and implement the right referred to in sub-section (1) shall be vested in the Government of Nepal, Provincial Government and Local Level.

  1. To respect citizen’s right to housing: (1) A citizen shall be allowed to use his or her housing peacefully without any interruption.

(2) No citizen shall be made deprived of, or discriminated from, the facility of housing on the ground of origin, religion, class, caste, ethnicity, gender, physical condition, disability, health condition, marital status, pregnancy, economic condition, language or region, ideology or any other such grounds.

  1. To evict for public purpose: (1) Any citizen may be evicted from his or her housing for the public purpose in accordance with the prevailing law.

(2) While evicting any citizen from the housing owned by him or her for the public purpose pursuant to sub-section (1), such eviction shall be made by providing him or her with resettlement or compensation, in accordance with the prevailing law.

(3) The compensation referred to in sub-section (2) shall have to be provided prior to the act of evicting the citizen from his or her housing.

(4) While evicting any citizen from his or her housing for public use pursuant to sub-section (1), the following conditions shall have to be fulfilled:

(a)        Consultation has been held with the citizen,

(b)        Sufficient notice, along with the reason, has been given,

(c)        Person or family to be evicted from housing has been appropriately identified,

(d)       Authorized official as his or her representative has been present at the time and place of eviction,

(e)        There has been not a night time or similar inconvenient time.

(5) In the course of evicting from housing pursuant to this Section, protection of elderly citizen, the sick, person with disability, children, helpless, weak and pregnant woman shall have to be properly paid attention to.

(6) The provisions relating to resettlement pursuant to this Section shall be in accordance with the provisions made by the concerned public body.

  1. Access to resources: The Government of Nepal, Provincial Government and Local Level shall have to make provision of having easy access of the citizens to the resources available in the place of housing.

Chapter-6 Skill Development and Employment

 

  1. Vocational training and self-employment: (1) The Government of Nepal shall provide vocational training in order to develop professionalism and create self-employment by enhancing the skills of the persons with disabilities.

(2) The Government of Nepal shall provide for the provision of loans at the concessional rate as prescribed to the persons with disabilities who wish to do various occupations or businesses, on the basis of their skills, competency and proposals prepared by them for occupations or businesses.

(3) No enterprise shall make discrimination against the persons with disabilities, with regard to employment and any matter related thereto.

(4) Notwithstanding anything contained in sub-section (3), the Government of Nepal may dispense with the application of the provision referred to in that sub-section in the case of any employment.

(5) An enterprise shall make provision that workers or employees with disabilities can work in an easy manner.

(6) No one shall deprive any person of an opportunity of promotion or deny to make promotion solely on the basis of disability.

(7) Notwithstanding anything contained in the prevailing law, the body and institution providing employment shall not remove the workers and employees with disabilities from employment or demote them, in the course of employment.

(8) It shall be done as follows with respect to the employee with disabilities referred to in sub-section (7):

(a)        In cases where such a worker or employee has become disabled in such a manner as not be able to the functions of the post being held by him or her, to designate him or her to do the functions of another post carrying the equal salary, facilities,

(b)        In cases where it is not possible to designate such a worker or employee to do the functions of another post, to create another post suitable to him or her or maintain an additional post until he or she gets retired.

  1. To appoint the persons with disabilities: (1) The Government of Nepal may, to the extent of availability of any work in any enterprise according to the physical capacity, training, qualification and experience of the persons with disabilities, prescribe in such a way that the persons with disabilities have to be appointed in any specific number.

                        (2) The enterprises prescribed pursuant to sub-section (1) shall appoint the persons with disabilities on the basis of the prescribed priority.

  1. To maintain records: (1) The enterprise shall maintain and update the records containing the number of the persons with disabilities working in it, facilities provided to them and such other details as prescribed.

                        (2) The enterprise shall open the records maintained pursuant to sub-section (1) for inspection by those who wish to inspect during the office hours.

  1. To make a complaint to the manger: (1) If any person is aggrieved from the fact that any enterprise has not complied with the provision of sub-sections (3), (4), (5) or (6) of Section 24, such a person may make a complaint to the manger.

                        Explanation: For the purposes of this Chapter, the term “manager” means the official who can make the final decision with respect to the activities of the enterprise.

                        (2) If a complaint is made pursuant to sub-section (1), the manager shall make necessary inquiry into such a complaint within fifteen days, and if, on such inquiry, the content of the complaint appears to be reasonable, the manager shall make necessary reform or rectify the error.

 

 

Chapter-3 Provision of Housing Facility

  1. To provide housing: Notwithstanding anything contained in Chapter-2 of this Act, the Government of Nepal, Provincial Government or Local Level shall have to provide the homeless person and family as follows with the housing facility gradually, as prescribed, on the basis of resources by prioritizing, with mutual coordination:

(a)        Having no house and land under ownership of him or her or his or her family within the State of Nepal or and is unable to make arrangement for housing from his or her or his or her family’s income generation, resource or effort,

(b)        Having been displaced permanently due to a natural disaster, and having the condition referred to in clause (a) in existence.

  1. To provide financial instrument: (1) In order to provide the homeless person and family with the housing facility referred to in Section 7, concessional financial facility shall be provided as prescribed.

(2) The homeless person and family under extreme destitution not able to manage housing even under the facility referred to in sub-section (1), and being unable to make other alternative provision, shall be gradually provided with the housing facility on the basis of the priority as prescribed.

  1. To collect list and to identify: (1) The concerned Local Level shall have to collect the list as prescribed setting out the detailed identity and settlement conditions of the persons and families to be provided with the housing facility.

(2) The Local Level shall have to provide the details of the list collected pursuant to sub-section (1) to the Government of Nepal through the Provincial Government.

  1. To provide identity card: (1) The concerned Local Level shall have to distribute the persons or families concerned with the identity cards as prescribed.

(2) The distribution of identity cards referred to in sub-section (1) shall have to be accomplished within the deadline as prescribed.

(3) The concerned Local Level shall have to provide the concerned Provincial Government and the concerned Ministry with the details of the identity cards distributed pursuant to this Section.

(4) On the basis of the details of the identity cards distributed pursuant to this Section, the Government of Nepal, Provincial Government and Local Level shall have to provide the citizens with the housing facilities gradually by making arrangement of resources avoiding duplication.

  1. To provide support: For accomplishing the work referred to in Sections 9 and 10, the Government of Nepal and Provincial Government shall have to provide the Local Level with financial and technical support.
  2. To make declaration of not having land or housing: Before obtaining the housing facility under this Act, the person and family identified for obtaining housing facility pursuant to Section 9 shall have to make self-declaration, as prescribed, of not having land, housing in the name of his or her or his or her family at any part of the country, and of not being able to make provision for housing out of the income generation, resources or efforts of his or her or his or her family.
  3. To provide temporary housing: (1) The Government of Nepal, Provincial Government and Local Level shall have to immediately provide the person and family displaced with disaster with the temporary housing or financial support as prescribed, upon mutual coordination.

(2) The temporary housing referred to in sub-section (1) shall have minimum facilities as prescribed, including gender friendly, disability friendly environment.

(3) If there is condition to settle the person or family taking shelter in temporary housing referred to in sub-section (1) at the previous place being the situation normal after such disaster, rehabilitation shall have to be managed at the same place.

  1. To make provision for resettlement: (1) The Government of Nepal, Provincial Government or Local Level shall have to make proper arrangement for the resettlement of the person and family fully displaced due to the reason referred to in Section 13, if there is no land elsewhere in the name of such a person and family, or even if having land, it is not suitable for settlement due to geographical or other reason, and if there is condition that he or she is not able to make arrangement for any other place of housing by himself or herself due to financial hardship of his or her or family.

Provided that if such a person or family is involved in any activity of income generation, arrangement for resettlement may be made by providing him or her with concessional loan and partial grant pursuant to the prevailing law.

(2) While making provision for resettlement pursuant to sub-section (1), social, cultural aspects and matters of livelihood of the concerned person and family shall also have to be paid attention to as far as possible.

  1. Ownership, use and right of possession of housing: (1) After the housing is provided for the citizen, upon construction by the Government of Nepal, Provincial Government or Local Level pursuant to this Act, arrangement may be made for the ownership of such housing to be vested in single, group or joint ownership of the person, family or community obtaining such housing facility.

(2) Notwithstanding anything contained in sub-section (1), it shall not prevent from providing only the right of possession to the person or family concerned on such housing.

(3) If the housing facility has been provided under single ownership of any one person and family, the same person and family having ownership shall have to reside in it.

(4) If the housing facility has been provided under group or joint ownership, all the persons settling in it shall have the ownership of such housing.

(5) Without obtaining approval of the Government of Nepal or the concerned Provincial Government or Local Level, providing such housing facility, obtaining loan by pledging and mortgaging in the bank, financial or other institution, selling, lending or giving on rent or lease or transferring ownership to other person or relinquishing the right in any manner from the housing provided under single, group or joint ownership of any person and family pursuant to sub-sections (2), (3) and (4) shall be forbidden.

Provided that, partitioning between the coparceners under the prevailing law, and transferring and transmitting to the name of the heir after his or her death or inheriting or transferring ownership with any other descriptions shall not be prevented.

(6) Any act contrary to the provision of sub-section (5) shall ipso facto be void, and the Government of Nepal or Provincial Government or Local Level, which has provided housing, shall automatically have the ownership of such housing.

(7) The Government of Nepal or Provincial Government or Local Level providing housing may provide such housing referred to in sub-section (6) to other displaced, homeless persons and families.

  1. Not to provide double facility: (1) Housing shall not be provided for the person and family to whom housing has been provided under this Act in such a way that such a person or family gets double facility.

(2) The person and family to whom the facility of housing has been provided once under this Act shall not be provided with such facility again.

(3) Notwithstanding anything contained elsewhere in this Section, it shall not prevent from providing housing again if the housing provided earlier is completely destroyed as a result of the disaster and is not habitable.

  1. Not to provide housing facility: (1) Notwithstanding anything contained elsewhere in this Act, any of the following persons and families shall not be provided with the housing facility under this Act:

(a)        A person who holds a post that is deemed as a public office under the prevailing law is retired from the office or released from the post, and his or her family,

(b)        A person who receives remuneration or any other financial facility from a domestic or foreign company, corporate body, partnership, firm, and his or her family,

(c)        A person who receives remuneration or any other financial facility from a domestic or foreign non-governmental organization, and his or her family,

(d)       A person who is involved in trade, business or other work of income generation in the private sector, and his or her family,

(e)        A person who is serving for a foreign government or international organization or institution, or receiving pension or other financial facility from it, and his or her family,

(f)        A person and family who has the resident visa of a foreign country or resides permanently in a foreign country,

(g)        A person and family staying upon taking anybody else’s house, land or apartment on rent for residential purpose,

(h)        A person and family who does not have any housing but has movable and immovable property more than the ceiling as prescribed by the Government of Nepal,

(i)         Such other person and his or her family as prescribed.

(2)        Notwithstanding anything contained in sub-section (1), the housing facility under this Act shall not be prevented from being provided if the housing is completely destroyed as a result of disaster or for the person and his or her family who earns annual income less than that prescribed by the Government of Nepal.

  1. To coordinate with Local Level: (1) While providing any facility relating to housing under this Act, the Government of Nepal and Provincial Government shall have to implement it in coordination with the Local Level.

(2)  The Government of Nepal and Provincial Government may implement it through the Local Level by providing necessary budget, human resource and other technical support for the implementation of the programs related to housing.

  1. Provision of development of integrated settlement: (1) While providing the housing facility under this Act, the Government of Nepal, Provincial Government and Local Level may make arrangements for housing according to the concept of integrated settlement development as per necessity and suitability.

(2) Notwithstanding anything contained elsewhere in this Act, it shall not prevent from shifting the settlement of remote, inaccessible and unsafe places, where service and facility cannot be extended, due to geographical inaccessibility, to the appropriate place.

  1. To provide housing facility from domestic private sector: (1) The private company or body corporate may construct housing and distribute it to the citizen, subject to the prevailing law.

(2) Minimum service, facility and infrastructure shall have to be available in the housing referred to in sub-section (1).

  1. Availability of service, facility and infrastructure: Minimum service, facility and infrastructure shall have to be available in the area of housing to be provided under this Act.
  2. To monitor: The Government of Nepal, Provincial Government and Local Level shall have to form a mechanism, as prescribed, for monitoring of the work of providing the housing facility pursuant to this Act.
  3. To abide by building code and standards relating to building construction: While providing housing pursuant to this Act, the Government of Nepal, Provincial Government and Local Level shall have to abide by the standards regarding settlement development, use of land, building code and building construction, prescribed by the federal law.
  4. Dispute resolution: Regarding the use of the housing facility provided under this Act, if any dispute, excluding the title, arises between the persons and families settled in such housing, the local Judicial Committee shall have the authority to deal with such a dispute.

Chapter-7 Health, Rehabilitation, Social Security and Recreation

 

  1. To provide free health service: (1) The Government of Nepal shall make provision for the provision of free health service and necessary therapy services including speech therapy, ocopational therapy to those persons with disabilities whose annual income is less than the income as prescribed or who are admitted to governmental hospitals for the treatment of the prescribed diseases.

Explanation: For the purposes of this Section, the term “hospital” also includes a health centre.

(2) The Government of Nepal shall provide free the medicines that need to be taken due to the disability and such factor as may be necessary for the persons with disability related to haemophilia on such basis as prescribed.

(3) The Government of Nepal shall make necessary provisions to remove the barriers that exist to the access of the persons with disabilities to hospitals for treatment.

(4) The health workers of hospitals shall provide quality treatment service to the extent of availability to the persons with disabilities with priority.

(5) A hospital that has more than twenty-five beds operated by the government and private sector shall reserve at least two beds for the persons with disabilities.

(6) The Government of Nepal shall make necessary provisions for the prevention and abolition of the disability that can be prevented or abolished and for the discovery of the factors that cause disability and prevention, abolition, control and treatment thereof.

(7) The Government of Nepal shall make necessary provisions for making available treatment by nearby hospitals for the mitigation of dystrophy of organs and their functions.

  1. Provisions relating to rehabilitation: (1) The Government of Nepal shall rehabilitate the persons who have profound disabilities, severe disabilities, are helpless or have mental disabilities and mental or psycho-social disabilities.

            Explanation: For the purposes of this Section, the term “rehabilitation” means treatment service, life useful skill-oriented and vocational training, assistive materials, medicines, regular consultancy service, educational and financial programs to be so provided and launched as to enable the persons with disabilities to make active life in the society, and this term also include the housing program to be launched for the settlement of the persons with disabilities

(2) The Government of Nepal may establish rehabilitation centres as required for making provision of appropriate housing to the persons with disabilities and for the purpose of empowering and rehabilitating them in the society.

(3) Any institution may establish and operate a rehabilitation centre for the objective referred to in sub-section (1) by obtaining approval as prescribed.

(4) The Government of Nepal may provide financial and other assistance to the rehabilitation centre as prescribed.

(5) The provisions relating to the physical and other infrastructure that the rehabilitation centre must have, standards relating to management and operation and monitoring of such centre shall be as prescribed.

  1. Rehabilitation fund: (1) The Government of Nepal shall establish a rehabilitation fund for the operation of the rehabilitation centres established pursuant to sub-section (2) of Section 29.

(2) The fund referred to in sub-section (1) shall consist of the following amounts:

(a)        Amount received from the Government of Nepal,

(a1)     Amount received from the Provincial Government,

(b)        Amount received from any person or institution as assistance,

(c)        Amount received from a foreign person, organisation or institution,

(d)       Amount received from the Local Level,

(e)        Amount received by way of fine imposed pursuant to Section 55,

(g)        Amount received from any other source.

(3) Other provisions relating to the operation of the rehabilitation fund shall be as prescribed.

  1. To conduct or cause to be conducted research: The Government of Nepal shall conduct or cause to be conducted necessary research in order to empower the persons with disabilities and enhance their access to the services and facilities and for the development of disabled friendly services, facilities and technology.
  2. Social security: (1) The Government of Nepal shall implement the following social security programs in which the persons with disabilities have contribution or for free on the prescribed conditions in such a manner as to enable the persons with disabilities to make living in the society independently and self-respectfully:

(a)        To develop the community housing facilities, along with the safety and health services,

(b)        To provide housing for the helpless children and for the persons with disabilities who have been abandoned by the family,

(c)        To make life insurance, health insurance and accident insurance,

(d)       To provide medicines and other necessary assistive materials,

(e)        To provide unemployment allowance, livelihood allowance and elderly citizens’ allowance on the prescribed basis,

(f)        To provide allowances to the attendants of the persons with disabilities who are in the prescribed situations,

(g)        To support the development and use of universal design for the development of the persons with disabilities,

Explanation: For the purposes of this Section, the term “universal design” means the design of products, physical structures, programmes and services to be usable by all persons, to the greatest extent possible, and this term also includes assistive devices for particular groups of the persons with disabilities.

(h)        To provide such other services and facilities as prescribed.

(2) In the implementation of the program referred to in sub-section (1), such matters as the diversity of disability, sex, economic and social condition shall be taken as the basis.

  1. Cultural rights and entertainment: The Government of Nepal and Local Level shall, in order to respect the cultural rights of the persons with disabilities and to create opportunities for such persons to take part in the entertainment related activities on an equal basis with others, make the following provisions:

(a)        To provide necessary scholarship, facilities and supports for the respect and development of the skills, talent that the persons with disabilities have and their interest in literature,

(b)        To develop necessary technology and art in order to make the services, facilities and infrastructure accessible to the persons with disabilities,

(c)        To support the entertainment centres and organisations that provide services to the persons with disabilities,

(d)       To encourage the persons with disabilities to take part in extra-curricular activities,

(e)        To do or cause to be done such other acts as prescribed.

  1. Participation in sports: (1) The Government of Nepal shall make necessary provisions to have the persons with disabilities participate in sports related activities on an equal basis with others, by making special provisions to that effect.

                        (2) The organisations or bodies making the development of sports and organising competitions shall develop and promote sports by involving the persons with disabilities in sports related competitions.

(3) For the purposes of sub-sections (1) and (2), the bodies or organisations empowered to develop sports may launch the following programs in order to have the persons with disabilities participate in sports:

(a)        To review the curricula and programs of sports in such a manner as to have the access and inclusive participation of the persons with disabilities,

(b)        To redesign sports grounds and physical infrastructures in order to ensure the access and facilities of the persons with disabilities,

(c)        To develop and use necessary technologies in order to foster the talent and competency of the persons with disabilities in sports,

(d)       To organise sports competitions by including the persons with disabilities,

(e)        To have effective representation of the persons with disabilities in international, national, province and local level mechanisms related to sports,

(f)        To involve the children with disabilities, on an equal basis with other children, in the sports and extra-curricular activities conducted at the school level, and to provide for appropriate training, instruction, competition for the participation of such students in the sports developed on the basis of the nature of disability and arrange for the resources for that purpose.

(g)        To do or cause to be done such other acts as prescribed.

  1. Additional services and facilities for the persons with mental or psycho-social disabilities: (1) The Government of Nepal shall make provisions for the treatment of the persons with mental or psycho-social disabilities in such community hospitals or health centres as chosen by them or any member of their families or their guardians.

                        (2) The Government of Nepal shall provide free medicines and consultancy service required for the persons with mental or psycho-social disabilities.

(3) The Government of Nepal shall make arrangements for the treatment and rehabilitation or family reunion of the persons with mental or psychosocial disabilities who have been disregarded by their families.

  1. Not to keep in prison: (1) Notwithstanding anything contained in the prevailing law, any person with mental or psycho-social disability shall not be held in prison in the name of treatment or protection.

(2) Notwithstanding anything contained in sub-section (1), nothing shall bar the keeping in prison of any person with disability who is undergoing action or has been sentenced for any criminal offence, in accordance with the prevailing law.

 

Chapter-4 Offences and Punishment

  1. Offences and punishment: (1) If any person does any of the following acts, such a person shall be deemed to have committed the offence referred to in this Act:

(a)       To receive the housing facility by submitting false details,

(b)        To abuse the housing facility, or to use the housing for the purpose other than residence,

(c)        To collect description or make false recommendation deliberately,

(d)       To do any act contrary to sub-section (5) of Section 15.

(2)  A person who commits the offence referred to in sub-section (1) shall be liable to the punishment as follows:

(a)        If the offence referred to in clause (a) is committed, imprisonment for a term not exceeding two years or fine not exceeding five hundred thousand rupees, or both,

(b)        If the offence referred to in clause (b) is committed, imprisonment for a term not exceeding one year or fine exceeding three hundred thousand rupees, or both,

(c)        If the offence pursuant to clause (c) is committed, fine of one hundred thousand rupees and the departmental action shall also be taken in the case of a government employee,

(d)       If the offence referred to in clause (d) is committed, imprisonment for a term not exceeding three years or fine not exceeding one million rupees, or both.

(3) If the fine referred to in sub-section (2) cannot be recovered from the concerned offender, recovery shall have to be made as government arrears.

(4) If the person provided grant for construction of the housing under this Act is found to have obtained the grant by submitting false descriptions, recovery shall be made as the government arrears, calculating the amount along with the interest incurred upon such grant, and further action shall also be taken under the prevailing law, if any.

Chapter-5 Miscellaneous

  1. To maintain in the name of the Government of Nepal, Provincial Government or Local Level: In addition to the conditions mentioned in sub-section (6) of Section 15, if the following condition exists, the housing provided under this Act shall be maintained in the name of the Government of Nepal, Provincial Government or Local Level providing such housing facility, by removing the name of such a person and family from the registry.

(a)        If the person and the family whom the housing has been provided to does not settle or use it for three or more than three years consecutively;

(b)        If there exists any other case as prescribed.

  1. Repair, maintenance and service charge of housing: (1) The housing provided under this Act shall have to be repaired and maintained by the person and family obtaining such housing facility.

(2)  Except as otherwise prescribed by the Government of Nepal, Provincial Government or Local Level that service charge will be free, the service charge for using facilities including electricity, drinking water supply installed in the housing shall have to be borne, within the deadline prescribed, by the person and family obtaining such housing.

  1. Housing may be returned: If the person and family who have obtained the housing provided under this Act wish to return the housing due to the increase in their financial capacity or other reasons, such person and family may return such housing to the Government of Nepal, Provincial Government or Local Level, as the case may be, which has provided such housing. The person or family who so returns may be honored by the concerned body.
  2. Government of Nepal to become plaintiff: (1) The Government of Nepal shall be the plaintiff in the cases referred to in sub-section (1) of Section 25.

(2) The cases referred to in sub-section (1) of Section 25 shall be deemed to have been included in Schedule-1 of the National Criminal Procedure Code, 2074 (2017).

  1. Power to frame Rule: The Government of Nepal may formulate necessary Rules in order to implement this Act.
  2. Power to make procedures and directives: (1) The Government of Nepal, Provincial Government and Local Level may make necessary procedures or directives subject to this Act and the Rules framed under this Act.

(2) The procedures or directives made pursuant to sub-section (1) shall have to be made public.

Chapter-8 Facilities and Concessions to Persons with Disabilities

 

  1. Facilities and concessions: (1) The Government of Nepal shall make provisions for providing grants, or loans at the concessional interest rate, to the persons with disabilities for agriculture and self-employment business or entrepreneurship.

(2) The owner or operator of a vehicle shall provide fifty percent concession in the passenger fare to such persons with disabilities as prescribed, while they travel by public vehicles such as bus, train and aircraft.

(3) The Government of Nepal may provide full or partial exemption from customs, excise duties, local tax or other fees, in accordance with the prevailing law, to the assistive devices, equipment or tools to be used by the persons with disabilities, disability friendly motor vehicles and goods, machines, spare parts and raw materials that are used for education, training or self-employment of the persons with disabilities.

(4) The Government of Nepal may grant tax exemption as prescribed to the expenses incurred by any enterprise established with the objective of providing employment to the persons with disabilities in the replacement or installation of spare parts specially to make disability friendly the machines installed in such an enterprise.

(5) The Government of Nepal may grant tax exemption to the amount for that purpose to any institutional school that provides free education to the persons with disabilities.

(6) The Government of Nepal shall make provision for free education as prescribed to the children of the persons with disabilities as prescribed.

(7) The Government of Nepal may make provision for making available from banks and financial institutions loans at concessional interest rate to the social institutions, business or industrial enterprises that provide for employment or training for employment to the persons with disabilities only.

(8) The Government of Nepal may provide loans at a special concessional rate to any enterprise that has been established with the objective of providing employment or training to the persons with disabilities or that provides employment to the persons with disabilities in a number that exceeds the prescribed number, grant to such establishment tax exemption or concessions and exemptions while importing equipment required for the safety of the workplace or importing raw materials that are required for the safety of the persons with disabilities at workplace, providing raw materials or market management.

The Right to Food and Food Sovereignty Act, 2075 (2018)

Date of Authentication

2075.6.2 (18 September 2018)

 

Act number 13 of the year 2075 (2018)

An Act Made to Provide for Right to Food and Food Sovereignty

Preamble: Whereas, it is expedient to make legal provisions on the implementation of fundamental rights relating to food, food security and food sovereignty of the citizens, conferred by the Constitution of Nepal, and making appropriate mechanism therefor, and ensuring access of the citizens to foods;

Now, therefore, be it enacted by the Federal Parliament.

Chapter-9 Steering Committee and Coordination Committee

 

  1. Steering Committee: (1) There shall be a Steering Committee for the functions including to co-ordinate, monitor, promote the activities related to the rights, facilities, services and protection of the persons with disabilities and to give direction in the activities related thereto.

(2)        The formation of the Steering Committee shall be as follows:

(a)       Minister, Ministry of Women, Children and

Senior Citizens                                                -Chairperson

(a1)    A member nominated by the Steering

Committee from among the members

referred to in clause (r)                             -Vice-chairperson

(b)        Member, National Planning Commission

(responsible for social service)              -Member

(c)        Chief Secretary of the Government Nepal   -Member

(d)      Secretary, Ministry of Women,

Children and Senior Citizens                -Member

(e)        Secretary, Ministry of Finance                       -Member

(f)        Secretary, Ministry of Law, Justice and

Parliamentary Affairs                            -Member

(g)        Secretary, Ministry of Home              -Member

(h)      Secretary, Ministry of Federal Affairs

and General Administration                           -Member

(i)         Secretary, Ministry of Health and Population -Member

(j)       Secretary, Ministry of Labour, Employment

and Social Security                                              -Member

(k)        Secretary, Ministry of Education, Science

and Technology                                                    -Member

(l)         Secretary, Ministry of Physical

Infrastructure and Transportation                            -Member

(m)       Member Secretary, Social Welfare Council       -Member

(n)        President, Federation of Nepal Chamber of

Commerce and Industry                                       -Member

(o)        Chairperson, National Federation of

Persons with Disabilities                                       -Member

(p)        National Coordinator, Community-based

Rehabilitation Network                                         -Member

(q)        Two persons including one woman from

among the experts in the field of disability    -Member

(r)       Ten persons including at least five women on the

basis of the principle of inclusion in such a manner

as to have representation from the different

groups of disabilities from among the

organisations, associations, federations at the

national level and the institutions involved in

the field of human rights                                            -Member

(r1)    Two persons from among the persons with

disabilities that have rendered important

contribution at the national level                                -Member

(s)        Two persons including one woman from

among the service provider institutions

related to disability                                                    -Member

(t)        Chief of the concerned Division

of the Ministry                                         -Member Secretary

(3) The Ministry shall nominate the members referred to in clauses (q), (r), (r1) and (s) of sub-section (2), and the term of office of such members and the Vice-chairperson nominated pursuant to clause (a1) shall be two years.

(4) If any Member nominated pursuant to sub-section (2) fails to perform the duties of his or her office, the Ministry may, at any time, remove such a Member from office.

(5) In removing any Member from office pursuant to sub-section (4), he or she shall be provided with an opportunity to defend himself or herself.

(6) The secretariat of the Steering Committee shall be situated in the Ministry.

  1. Functions, duties and powers of the Steering Committee: The functions, duties, and powers of the Steering Committee shall be as follows:

(a)        To make recommendation to the Government of Nepal for the formulation of long-term policies related to disability,

(b)        To prepare and implement the disability related plans and programs subject to the policies approved by the Government of Nepal,

(c)        To pursue, or cause to be pursued, appropriate measures for the full enjoyment of human rights and basic freedoms of the persons with disabilities without any discrimination, by using, protecting and promoting the rights, services, facilities and opportunities of the persons with disabilities,

(d)       To make coordination between the various governmental bodies or non-governmental organisations in the activities related to disability,

(e)        To make suggestion to the Government of Nepal for improvement, if any, in the prevailing law related to disability,

(f)        To have conducted research on latest technology of the equipment or goods used for the services and facilities of the persons with disabilities and to make additional improvement and development, and to promote, or cause to be promoted, the availability and use of such equipment in this sector,

(g)        To provide, or cause to be provided, training to the concerned persons and employees about the role of various bodies on the matters of the rights of the persons with disabilities,

(h)        To enhance, or cause to be enhanced, public awareness about the conditions that may cause disability, precaution for the prevention of disability, and the behaviour and assistance that should be made for the respect of the rights of the persons with disabilities,

(i)         To provide interpreter service to the persons who are deaf and who have sight and hearing disabilities, to make research, development and promotion of Nepali sign language and, for that purpose, to develop, or cause to be developed, necessary glossaries and touch communication,

Explanation: For the purposes of this clause, the term “interpreter” means a sign language translator that facilitates in the communication of the deaf or the persons with hard of hearing, a captioner for the persons with hard of hearing or a touch communication translator that facilitates in the communication for the persons with hearing and sight disabilities.

(j)         To approve necessary policies in order to make the physical structures accessible to the persons with disabilities,

(k)        To prepare and implement necessary programs by specifying the time limit, in order to make easy the access of the persons with disabilities to public places including hospitals, sports grounds, roads, public and governmental, Local Level means of public transportation, roads, toilets, bus parks and parks,

(l)         To assist in the functioning of the institutions that work for the rights, interests, promotion, protection of the rights, services and facilities of the persons with disabilities and to collaborate with such institutions,

(m)       To monitor, supervise and evaluate the various programmes launched for the persons with disabilities,

(n)        To make study, research, collection, processing and publication of information, on disability,

(o)        To have the concerned bodies include appropriate provisions in their programs in order to implement the provisions of the United Nations Convention on the Rights of Persons with Disabilities,

(p)        To write to the concerned body for necessary action if any activity or action is found to have been carried out by any person contrary to the rights or interests of the persons with disabilities,

(q)        To formulate, or cause to be formulated, appropriate policies, plans and programs for the implementation of the commitments expressed by the Government of Nepal with respect to disabilities at the international level,

(r)        To do, or cause to be done, such other acts as prescribed.

  1. Procedures relating to meeting: (1) The meeting of the Steering Committee shall be held at least one time in every three months.

(2) The meeting of the Steering Committee shall be held on such place, date and time as specified by the Chairperson and in his or her absence, by the Vice-Chairperson.

(3) The Member Secretary of the Steering Committee shall give notice of the meeting to the Members at least in advance of forty-eight hours of the meeting.

(4) The presence of more than fifty percent Members of the total number of Members of the Steering Committee shall be deemed to constitute a quorum for a meeting of the Steering Committee.

(5) The meeting of the Steering Committee shall be presided over by the Chairperson and in his or her absence by the Vice-Chairperson.

(6) The opinion of the majority at a meeting of the Steering Committee shall be deemed to be the decision of the Steering Committee and in the event of a tie, the Chairperson shall exercise the casting vote.

(7) The Steering Committee may invite any official or expert in the concerned field to its meeting.

(8) The decisions of the meetings of the Steering Committee shall be attested by the Member Secretary of the Steering Committee.

(9) Other procedures relating to the meetings of the Steering Committee shall be as determined by the Steering Committee itself.

  1. Power to form committee at Province level: (1) The Provincial Government may form a Province level committee chaired by the Minister responsible for the concerned subject for performing functions, inter alia, implementing, or causing to be implemented, effectively the rights of the persons with disabilities and preparing and implementing necessary programs on the rights of the persons with disabilities by the Provincial Government, in accordance with this Act and the Rules framed hereunder.

                        (2) The functions, duties and powers of the committee formed pursuant to sub-section (1) shall be as determined by the Provincial Government, subject to this Act and the Rules framed hereunder.

  1. Provisions relating to Coordination Committee: (1) There shall be a Local Coordination Committee in each Rural Municipality and Municipality for performing functions, inter alia, to make coordination on the matters related to the protection of rights, interests of the persons with disabilities.

                        (2)        The Coordination Committee shall be formed as follows:

(a)        Vice-chairperson of the Village Executive or

Deputy Mayor of the Municipality Executive  – Coordinator

(b)       A woman member designated by the Village

Executive or Municipality Executive from

among the women members of the Village

Executive or Municipality Executive                          -Member

(c)        A person designated by the Chairperson of

the Village Executive or Mayor of the Municipality

from among the headteachers or resource persons

of the secondary schools within the Rural

Municipality and Municipality                                    -Member

(d)       A doctor of the local health post or hospital

designated by the Chairperson of the Village

Executive or Mayor of the Municipality

Executive                                                                    -Member

(e)        Chief of the local police office                                   -Member

(f)        A representative of the institution nominated

by the Chairperson of the Village Executive or

Mayor of the Municipality Executive from

among the institutions in operation at the local

level in the field of the rights, interests of and

protection of the persons with disabilities     -Member

(g)        Three persons including one woman nominated

by the Coordination Committee from among the

persons with disabilities within the Rural

Municipality and Municipality                                   -Member

(h)        Chief of office of the Government of Nepal and

Provincial Government responsible for the

concerned field at the local level                                -Member

(i)         An employee of the Village Executive or

Municipality Executive designated by the

Vice-chairperson of the Village Executive or

Deputy Mayor of the Municipality

Executive                                             -Member Secretary

(3) The term of office of the Member nominated pursuant to sub-section (2) shall be two years.

(4) If any Member nominated pursuant to sub-section (2) fails to perform the duties of his or her office, the Coordination Committee may, at any time, remove such a Member from the office.

(5) In removing any Member from office pursuant to sub-section (4), he or she shall be provided with an opportunity to defend himself or herself.

  1. Functions, duties and powers of the Coordination Committee: The functions, duties, and powers of the Coordination Committee shall be as follows:

(a)        To launch various programs in coordination with various bodies, institutions or associations engaged in the local level in the field of the rights, interests of and protection of the persons with disabilities and give direction to anyone to launch such programs,

(b)        To inquire into application by the person with disabilities whose classification of disability is not clear or in respect of whom there is a doubt as to whether he or she has disabilities and make recommendation to the Local Level to issue identity cards,

(c)        To develop or build, or cause to be developed or built, disability friendly structures in order to make easy the access of the persons with disabilities to hospitals, schools within the Local Level, including other governmental and public physical structures and places,

(d)       To cause to be collected and updated the records of the persons with disabilities within the Local Level,

(e)        To monitor and evaluate, or cause to be monitored and evaluated, the programs launched at the Local Level in respect of the persons with disabilities,

(f)        To perform such other functions as prescribed.

  1. Procedures relating to meeting of the Coordination Committee: (1) The meeting of the Coordination Committee shall be held as per necessity.

(2) The meeting of the Coordination Committee shall be held on such place, date and time as specified by the Coordinator of the Committee.

(3) The Member Secretary of the Coordination Committee shall give notice of the meeting to the Members at least in advance of twenty-four hours of the meeting.

(4) The presence of more than fifty percent Members of the total number of Members of the Coordination Committee shall be deemed to constitute a quorum for a meeting of the Coordination Committee.

(5) The meeting of the Coordination Committee shall be presided over by the Coordinator of the Committee and in his or her absence by a Member selected by the Members from among themselves.

(6) The opinion of the majority at a meeting of the Coordination Committee shall be deemed to be the decision of the Coordination Committee and in the event of a tie, the person chairing the meeting shall exercise the casting vote.

(7) The Coordination Committee may invite any official or expert in the concerned field to its meeting.

(8) The decisions of the Coordination Committee shall be attested by the Member Secretary of the Coordination Committee.

(9) Other procedures relating to the meetings of the Coordination Committee shall be as determined by the Coordination Committee itself.

Chapter-1 Preliminary

  1. Short Title and commencement: (1) This Act may be cited as the “Right to Food and Food Sovereignty Act, 2075 (2018).”

(2) This Act shall come into force immediately.

  1. Definitions: Unless the subject or the context otherwise requires, in this Act,-

(a)        “Basic food” means the food designated by the Government of Nepal by a notification in the Nepal Gazette from time to time.

(b)        “Farmer” means a citizen who makes agriculture the main occupation or business and earns his or her livelihood from agriculture, and this term also includes the family member dependent on such a citizen, or the citizen who labors in agricultural work for six months or more, or a citizen who makes traditional agricultural tools or the family member dependent on such a citizen.

(c)        “Agricultural land” means any land that is used for agriculture, that grows agro products, or that is determined for the utility in agricultural work under the prevailing law.

(d)       “Food” means a substance that is processed, semi- processed or unprocessed consumable by the human being, obtained from biological source which is culturally acceptable, and this term also includes a raw material used in the preparation, processing or production of such a substance.

(e)        “Food sovereignty” means the following rights which are used or exercised by the farmers in the food production and distribution system:

(1)        To participate in the process of formulation of policy relating to food,

(2)        To make choice of any occupation relating to food production or distribution system,

(3)        To make choice of agricultural land, labor, seeds, technology, tools,

(4)        To remain free from adverse impact of globalization or commercialization of agricultural business.

(f)        “Food security” means physical and financial access of every person to the food required for the active and healthy human life.

(g)        “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules framed under this Act.

(h)        “Council” means the National Food Council referred to in Section 32.

(i)         “Ministry” means the Ministry of the Government of Nepal that looks after the matters relating to agriculture.

(j)         “Targetted household” means the households identified pursuant to Section 5.

(k)        “Local Level” means the Rural Municipality or Municipality.

Chapter-2 Right to Food and Protection from Food Insecurity

  1. Respect, protection and fulfillment of the right to food: (1) Every citizen shall have the right to food and right to food security.

(2) The Government of Nepal, Provincial Government and Local Level shall make necessary arrangements, with mutual coordination, for the respect, protection and fulfillment of the right referred to in sub-section (1).

(3) Without prejudice to the generality of sub-section (1), every citizen shall have the following rights relating to food and rights relating to food security:

(a)        To have regular access, without discrimination, to adequate, nutritious and quality food,

(b)        To be free from the hunger,

(c)        To be safe from the state of being in danger of life from the scarcity of food,

(d)       To obtain sustainable access to food and nutrition support by the persons or families vulnerable to famine or food insecurity,

(e)        To use culturally acceptable food.

  1. Prevention and control of famine: The Government of Nepal, Provincial Government and Local Level shall perform the following functions, on the basis of prioritization, with mutual coordination, for the prevention and control of famine:

(a)        To regularly identify famine or the person, families, communities and zones vulnerable to the famine; and to maintain its records,

(b)        To make provisions of food required for controlling famine and the risk of famine,

(c)        To make provision for food distribution for controlling the famine or the risk of famine,

(d)       To adopt immediate, short-term and long-term measures for the prevention and control of the famine.

  1. Identification of targeted household: (1) The Local level shall maintain records in the prescribed form by identifying the targeted households, as prescribed, within its territory, that are vulnerable to food insecurity due to poverty, geographical inaccessibility, disaster or similar other reasons.

(2) The details of the records referred to in sub-section (1) shall be sent to the Provincial Food Council pursuant to Section 34 and also to the Ministry for the record purpose.

(3) If the details of the households which are not prone to food insecurity are found to have been included in the records referred to in sub-section (1), or if the households included in the records do not fall under the targeted households for any reason whatsoever, the Local Level may remove the details of such family from the records in any circumstance.

(4) On the basis of the records received pursuant to sub-section (2), every Province shall maintain the integrated and updated records of the targeted households that are vulnerable to the food insecurity within its Province and the Ministry shall prepare such records of such households throughout Nepal.

(5) The records referred to in this Section shall be updated by the Local Level from time to time, and its information shall be provided to the Province Food Council and Government of Nepal.

(6) The Government of Nepal may develop necessary system to maintain the records referred to in this Section also through electronic means.

(7) Other grounds and processes of identifying the targeted households shall be as prescribed.

  1. Food support identity card: (1) The Local Level shall issue food support identity cards in the prescribed form on the basis of updated details of the targeted households.

(2) While issuing the identity cards pursuant to sub-section (1), the food support identity cards shall be issued as prescribed in the name of the senior most female member of the targeted households if there are female members over eighteen years of age, and in the names of the senior most of the other family members if there is no female member over eighteen years of age.

Provided that when there is no member over eighteen years of age in the targeted family, nothing contained in this sub-section shall prevent from issuing the food support identity card in the name of the minor member of such family.

(3) If the identity card has been issued in the name of other member referred to in sub-section (2), after the female member attains the eighteen years of age, the identity card shall be issued in the name of the female member by revoking the identity card issued in the name of such a member.

  1. To provide food for free or concessional price: (1) The Government of Nepal, Provincial Government or Local Level shall provide food support to the targeted households for concessional price and to the targeted households of particular nature for free as prescribed.

(2) Notwithstanding anything contained in sub-section (1), in cases where the Government of Nepal declares a disastrous zone upon emerging any kind of disaster in any region or any Local Level, the persons and families in such a zone shall be provided with food support, for free or at the concessional price, for the period of existence of such condition, and for the period of existence of the food crisis if the food crisis zone is declared.

(3) While providing food support, for free or at the concessional price, pursuant to sub-section (1) or (2), the Government of Nepal shall make arrangement to distribute it through the Local Level.

(4) The Government of Nepal, Provincial Government or Local Level may review the free or concessional food support to be provided pursuant to this Section, form and quantity of such food support from time to time, on the basis of immediate need of the persons or families of the zones prescribed, geographical condition, availability and traditionally or culturally acceptability of food.

  1. To prescribe standards of nutritious elements of food: The standards of the nutritious elements of food required for the purpose of providing food support pursuant to Section 7 shall be as prescribed.
  2. Emergency food and nutrition security: (1) The Government of Nepal, Provincial Government and Local Level shall adopt necessary measures with mutual coordination in order to reduce adverse impact likely to occur in food and nutrition security for any reason and to provide food immediately in the emergency situation.

Explanation: For the purposes of this Section, the term “emergency situation” means the period declared by the Government of Nepal as a situation of emergency at any zone affected by the disaster such as earthquake, flood, landslide, snowfall, cold wave or inferno.

(2) The Government of Nepal, Provincial Government and Local Level shall hoard the food required to fulfill the necessity of nutrition in any situation whatsoever, by expanding and modernizing their storage facilities with mutual coordination.

(3) The prescribed body shall coordinate the functions of providing emergency food and nutrition support pursuant to this Section.

(4) The Government of Nepal may, in order to enhance the security situation of food and nutrition during the situation of emergency, mobilize national and international support, as necessary.

  1. Food crisis zone may be declared: (1) If there arises a food crisis in any zone due to reasons such as earthquake, excessive rainfall, low rainfall, flood, landslide, inferno, epidemic, famine, the Government of Nepal may declare such a zone as a food crisis zone for a certain period.

(2) The arrangements relating to the security of food and nutrition required in the food crisis zone shall be as prescribed.

  1. To give priority to local food: (1) While making arrangements for food and nutrition pursuant to this Act, traditional food produced in the Local Level shall be prioritized and distributed.

(2) The provisions relating to arrangements for traditional food and nutrition produced in the Local Level shall be as prescribed.

Chapter-3 Protection and Promotion of Right to Food Sovereignty

  1. Respect, protection and fulfillment of right to food sovereignty: (1) Every farmer shall have the right to food sovereignty.

(2)  Without prejudice to the generality of sub-section (1), every farmer shall have the following rights to food sovereignty:

 (a)        To have identity and respect of every farmer or food producer,

 (b)        To participate in food and agro- production system,

(c)        To have access to means and resources required for agricultural business,

(d)       To make choice of local seeds, technology, tools and agro- species and to obtain the protection of intellectual property, thereof,

(e)        To protect traditional and indigenous food,

(f)        To obtain protection against the deprivation of agricultural occupation arbitrarily.

  1. Protection of agricultural occupation and promotion of livelihood of the farmer: The Government of Nepal, Provincial Government and Local Level shall make the following arrangements, with mutual coordination, on the basis of available resources and means in order to promote the livelihood of the farmers, by protecting agricultural occupation:

(a)        To increase investment in the agro and food production sector,

(b)        To expand the sustainable use of and access to improved technology, environment friendly fertilizers, various types of seeds, pesticides or agricultural materials in food production,

(c)        To give special priority to cash crops or exportable crops,

(d)       To expand simple and easy access of the farmers to the insurance of seeds, crops or livestock,

(e)        To increase access of the farmers to agro markets,

(f)        To expand access of the farmers to infrastructures needed for organic farming,

(g)        To obtain protection from the harm inflicted by the farming of chemical, toxic or genetically modified organism,

(h)        To fix minimum support price of the prescribed crops that can be hoarded for a longer period,

(i)        To develop the system of giving prior information about weather including excessive rainfall, less rainfall or draught,

(j)         To promote sustainable agricultural system based on bio-diversity,

(k)        To professionalize, industrialize, modernize, mechanicalize the agriculture in order to protect agricultural occupation,

(l)         To expand access of women farmers and landless families dependent on agriculture to agricultural land and agricultural materials, on the basis of priority,

(m)       To prevent the water resources used for the agricultural crops, fruits and the livestock from being otherwise used to make unsuitable for such products,

(n)        To make arrangements to provide the farmers with compensation as prescribed, during the prescribed situations against harm and loss of agro products or agro crops,

(o)        To fix support price of the agro products based on the investment cost.

  1. Identification and respect of farmers: (1) The Government of Nepal shall identify and classify the farmers as prescribed.

(2) The Local Level shall distribute the identity cards on the basis of classification referred to in sub-section (1).

(3) On the basis of the classification referred to in sub-section (1), the farmers shall be provided with concession, exemption, facility to be obtained from the State and pension based on contribution in accordance with the prevailing law.

(4) Provisions relating to the validity period, renewal of the identity cards and other matters related thereto shall be as prescribed.

  1. Sustainable use of agricultural land: For the protection and sustainable use of agricultural land, the Government of Nepal, Provincial Government and Local Level shall, with mutual coordination, perform the following functions:

(a)        To encourage or promote to plant crops in the agricultural lands identified under the prevailing law,

(b)        To separate or classify by identifying the agricultural lands scientifically,

(c)        Not to allow or get the agricultural lands to remain fallow and to be used for the purpose other than that prescribed under the prevailing law regarding the use of land,

(d)       Not to allow plotting of the agricultural lands,

(e)        To carry out development works in a manner not to be contrary to the National Food Plan referred to in Section 21,

(f)        To increase awareness about the use of agricultural lands,

(g)        To cut down the grant, facility and support to be provided by the Government for the landowners who do not plant crops without reasonable cause in the lands classified for the purpose of agriculture,

(h)        To make provisions for the maximum utilization of fertile lands remained fallow, by promoting cooperative farming, bond farming, contract farming or group farming,

  1. Promotion of local agro- crops and livestock products: The Government of Nepal, Provincial Government and Local Level shall, in order to promote the local agro- crops and livestock products, adopt the following measures:

   (a)        To promote local agro and livestock products and markets,

(b)        To ensure easy access of consumers to local agro and livestock products,

(c)        To create an environment for selling their products by the farmers to the consumers from agro markets, agricultural farms or farmlands,

(d)       To promote traditional agro markets and marketplaces,

(e)        To protect local knowledge and traditional food culture related to agro products,

(f)        To promote the agro tourism by utilizing the food produced at the local level.

  1. Responsibility of sustainable management of agricultural land: (1) The Local Level shall have the responsibility to conduct sustainable management of agricultural lands subject to the Federal and Provincial law.

(2) In order to fulfill the responsibility referred to in sub-section (1), the Local Level shall perform the following functions:

  (a)        To prepare the list of agricultural lands,

(b)        To identify the fallow lands and other land remained at the Local Level,

(c)        To maintain the records of the lands identified pursuant to clauses (a) and (b),

 (d)       To update the records relating to land,

(e)        To perform, or cause to be performed such other functions as required to manage the fallow lands effectively.

  1. Operation of targeted agricultural development program: (1) The Government of Nepal, Provincial Government and Local Level shall make and implement the targeted agricultural development programmes for the protection of the rights and welfare of Dalit, highly marginalized, indigenous farmers or landless farmers.

(2) Other provisions relating to the program referred to in sub-section (1) shall be as prescribed.

  1. Mitigation of impact likely to be caused from climate change: The Government of Nepal shall make necessary provisions to adopt preventive measures for the mitigation of adverse impacts likely to be caused upon food production from climate change or of the risks that may result therefrom.
  2. To provide compensation: (1) If a person’s crops do not get produced or crop production decreases substantially after farming with the recommended method, process or manner in the recommended area and time with the seeds recommended by any government institution, body, company or firm, or after the use of seeds, method, process or fertilizers recommended by such an institution, body, company or firm as per recommended manner, the institution, agency, company or firm which makes recommendation of such seeds, method, process or fertilizers shall provide compensation.

(2) Other provisions for the compensation to be provided pursuant to sub-section (1) shall be as prescribed.

Chapter-10 Responsibility towards the Persons with Disabilities

 

  1. Responsibility of the Government of Nepal, Provincial Government and Local Level: (1) It shall be the responsibility of the Government of Nepal, Provincial Government and Local Level to implement, or cause to be implemented, effectively the rights of the persons with disabilities.

                        (2) It shall be the responsibility of the Government of Nepal, Provincial Government and Local Level to provide easily such support as may be provided to the persons with disabilities from the State.

(3) It shall be the responsibility of the concerned Local Level to provide such services, facilities and opportunities to the persons with disabilities within its jurisdiction as may be provided as the local level.

(4) The Government of Nepal shall take such measures as prescribed in order to ensure that there exists the environment that enables the persons with disabilities to make living with respect and dignity without any discrimination, on an equal basis with others.

  1. Responsibility of educational institutes: It shall be the responsibility of the concerned educational institute to effectively implement the education related provisions provided by this Act for the persons with disabilities.
  2. Responsibility of family member and guardian: (1) The family member or guardian shall look after, maintain, and provide opportunity of education to, the persons with disabilities, by having special regard according to the condition of disability.

                        (2) In cases where a person with disability may suffer further risk if his or her treatment is not made, the family member or guardian shall immediately take him or her to the nearby hospital or such health institution as specified by the Government of Nepal for his or her treatment.

(3) No person with disability shall be expelled from the home or family or be disregarded.

(4) The Government of Nepal, Provincial Government and Local Level may provide self-care and maintenance related training and other necessary service, support to the families of the persons with disabilities in a manner to assist them in the performance of the responsibility towards such persons.

  1. Responsibility of medical doctor: (1) If a medical doctor considers that there is a risk that any person present before him or her for treatment may have disability, the doctor shall give information thereof to the concerned person and make treatment by having proper regard to that also.

                        (2) A medical doctor shall make treatment of a person with disability in a disability friendly environment by giving priority to such a person, and if, for any reason, such a doctor is not in a position to make treatment of such a person, he or she shall make recommendation to the place where such treatment may be possible.

  1. Social responsibility towards the persons with disabilities: (1) An enterprise and educational institute shall set aside under the social responsibility such amount as prescribed from their income for the promotion and enhancement of the opportunities of health, education, employment of the persons with disabilities.

                        (2) A development partner engaged in Nepal shall spend such amount as determined by the Ministry of Finance, out of the total amount to be spent in development programs of Nepal, for the empowerment of the persons with disabilities and rehabilitation related activities referred to in this Act.

(3) The amount referred to in sub-section (1) shall be used as prescribed.

(4) The owner or operator of a means of transport shall reserve seats in such a number as prescribed for the persons with disabilities, in public means of transport including bus, rail, aircraft.

  1. Priority may be accorded to services, facilities according to classification: In providing any services, facilities and concessions to the persons with disabilities from the State, priority shall be accorded on the basis of the degree, gravity of disability or economic condition of a person with disability.

Chapter-4 Implementation of Right to Food

  1. National Food Plan: (1) The Government of Nepal shall prepare a National Food Plan upon coordinating with the bodies of the Federation, Province and Local Level related to food.

(2) While making coordination under sub-section (1), consultation shall be held, as necessary, with other bodies or institutions of the governmental, non-governmental or private level.

(3) The matters to be included in the National Food Plan referred to in sub-section (1) shall be as prescribed.

(4) While preparing the National Food Plan pursuant to sub-section (1), the indicators of measurement and monitoring of the progress made during the implementation of the right to food shall be taken as the basis.

(5) The Government of Nepal shall include the matters of promotion of the right to food, food and nutrition security and food sovereignty in its periodic development plans.

  1. Operation of food and nutrition security program: The Local Level shall operate necessary programs as prescribed every year for food and nutrition security.
  2. Indicators of right to food monitoring: (1) The Government of Nepal shall, in order to implement this Act, prepare monitoring indicators for the right to food and the right to food sovereignty, in consultation with the Council and other relevant bodies.

(2) The monitoring indicators for the right referred to in sub-section (1) shall be published for the information of the public in general.

  1. Food and nutrition education and information: The Government of Nepal, Provincial Government and Local Level shall disseminate the notice and educational information related to the right to food from time to time.
  2. Research and development of scientific technology: In order to make sustainable development of agriculture, increase food products or promote food and nutrition security, the Government of Nepal, Provincial Government and Local Level shall make arrangement for the necessary study, research and development of scientific technology.

Chapter-11 Protection and Enforcement of the Rights of, and Responsibility towards, the Persons with Disabilities

 

  1. Application may be made for the enforcement of rights: (1) If any person violates such right of a person with disability or does not fulfil such responsibility towards the person with disability as set forth in this Act, the person with disability himself or herself or any of his or her family members or his or her guardian may make an application to the Chief District Officer of the concerned district for the enforcement or fulfilment of such right or responsibility.

                        (2) If an application is received pursuant to sub-section (1), the Chief District Officer shall inquire into the concerned person or body and make necessary inquiry thereinto within seven days.

(3) If, in making inquiry pursuant to sub-section (2), it appears that any person has violated the rights of a person with disability or has not performed the responsibility towards the person with disability, the Chief District Officer shall give order to the concerned person to enforce the right of the person with disability or perform the responsibility towards the person with disability.

(4) If, in making inquiry pursuant to sub-section (2) it appears that anybody or institution has not enforced the right of a person with disability or has not performed the responsibility towards the person with disability, the Chief District Officer shall make a request to the concerned body or institution for the enforcement of the right of a person with disability or performance of the responsibility towards the person with disability.

(5) If a request is received pursuant to sub-section (4), the concerned body or institution shall make provisions for the enforcement of the right of a person with disability or performance of the responsibility towards the person with disability.

(6) In making the enforcement of the right of a person with disability or performance of the responsibility towards the person with disability pursuant to this Section, the Chief District Officer may give necessary suggestion, warning or order to the family member or guardian of the person with disability.

(7) A person who is not satisfied with the order given by the Chief District Officer pursuant to sub-section (3) or (6) may make an appeal to the concerned High Court within thirty-five days.

  1. Application may be made to the District Court for enforcement of rights: (1) Notwithstanding anything contained in Section 51, a person with disability, his or her family member or guardian may make an application directly to the District Court of the district where the person with disability is residing, for the enforcement of the right of the person with disability or for the performance of the responsibility towards that person.

                        (2) If an application is made pursuant to sub-section (1), the District Court shall make necessary enquiry into that matter and may issue appropriate order to the concerned person or body in relation to the enforcement of the rights of the person with disability or for the performance of the responsibility towards the person with disability.

(3) If, in making inquiry into the application received pursuant to sub-section (1), it appears that any family member or guardian has violated the right of the person with disability or has not performed the responsibility towards the person with disability, the Court shall provide necessary information to such family member or guardian about the rights of the person with disability and the responsibility towards such person, and cause such a member or guardian to make commitment  to refrain from violating the rights of the person with disability or to perform the responsibility towards him or her.

(4) In issuing an order pursuant to sub-section (2), the District Court may warn the person, the chief of institution or body that violates the rights of a person with disability or does not  perform the responsibility towards the person with disability or impose punishment pursuant to Section 55 and order the recovery of reasonable compensation from him or her.

Chapter-5 Availability, Supply and Distribution System of Food

  1. Provision of hoarding and reservation of food: The Government of Nepal and Provincial Government shall, in order to provide food and to fulfill the necessity of food during the crisis, make provisions for the reservation of foods as prescribed, for the purpose of Sections 7, 9 or 10.
  2. Food purchase: (1) The food required for the storage and reservation pursuant to Section 26 shall be purchased internally.

(2) Notwithstanding anything contained in sub-section (1), food may be imported if the sufficient food cannot be provided from the internal purchase.

  1. Transport and distribution of food: The distribution process of the food stored and reserved by the Government of Nepal and Provincial Government pursuant to Section 26 shall be as prescribed.
  2. Price stability of basic food: It shall be the responsibility of the Government of Nepal to maintain stability in the price of the basic food.
  3. Provision of food distribution: (1) The Government of Nepal, Provincial Government and Local Level shall make arrangement for food distribution through fair price shops or public food distribution centers as prescribed.

(2) While operating fair price shops or public food distribution centers pursuant to Sub-section (1), women group or agricultural cooperative may be given special priority.

  1. To publish description: (1) The Government of Nepal, Provincial Government or Local Level shall prepare and update the following details regarding the food to be distributed pursuant to this Chapter:

(a)        Condition of food hoarded,

(b)        Quantity of food hoarded,

(c)        Price of food,

(d)       Distribution system of food, and

(e)        Type of food.

(2) The details referred to in sub-section (1) shall be published for the information of the public in general.

Chapter-6 National Food Council, Provincial Food Council and Local Food Coordination Committee

  1. Formation of National Food Council: (1) In order to manage the acts of protection, promotion and fulfillment of the right to food, right relating to food security and food sovereignty, a National Food Council shall be formed as prescribed, under the chairpersonship of the Minister of the Government of Nepal, who looks after the matters relating to agriculture.

(2) The functions, duties and powers of the Council shall be as prescribed.

  1. Monitoring and inspection: (1) The Council may, for the monitoring and inspection of the availability, hoarding, supplies of food and the operation of distribution system regularly, form sub-committees or designate the Inspection Officer, as prescribed.

(2) After conducting the monitoring or inspection, the sub-committee or the Officer, conducting monitoring or inspection pursuant to sub-section (1), shall submit its report to the Council.

  1. Provisions relating to Provincial Food Council: (1) In order to protect, promote and fulfill the right pursuant to this Act in the Provincial level, a Provincial Food Council shall be formed in each Province, under the chairpersonship of the Minister who looks after the matters of agriculture.

(2) Other matters relating to the Provincial Food Council shall be as determined by the Provincial Government.

  1. Functions, duties and powers of Provincial Food Council: The functions, duties and powers of the Provincial Food Council shall be as determined by the Provincial Government.
  2. Local Food Coordination Committee: (1) For the functions including protection and promotion of the right to food, right to food security and food sovereignty in the Local Level, and in order to facilitate food supplies and distribution system in the Local Level, a Food Coordination Committee shall be formed in each Local Level under the chairpersonship of the Mayor of Municipality or the Chairperson of Rural Municipality, as the case may be.

(2) The Secretariat of the Local Food Coordination Committee shall be situated in the concerned Municipality or Rural Municipality, as the case may be.

(3) The matters relating to the formation, functions, duties and powers of the Local Food Coordination Committee shall be as determined by the Local Level concerned.

  1. Sub-committee or task force or expert group may be formed: (1) The Council or Provincial Food Council may form a sub-committee or task force or expert group as necessary for the performance of its functions.

(2) The terms of reference and tenure of the sub-committee, task force or expert group formed pursuant to sub-section (1) shall be as determined by the Council at the time of such formation.

  1. Delegation of Power: The Council may delegate some of the powers conferred to it to the sub-committee or any other officer employee of the Council, as necessary.
  2. Provision relating to employee: The Government of Nepal shall provide the required employees for the smooth operation of the functions of Council.

Chapter-7 Offences and Punishment

  1. Acts constituting offence: If any person does any of the following acts, such a person shall be deemed to have committed the offence:

(a)       Any act done to inflict serious harm or create the state of famine by depriving anyone of the access to the essential food,

(b)        Any act of capturing, destroying or abusing the food hoarded or collected for the purpose of emergency support,

(c)        Creating obstruction in the emergency food support distribution,

(d)       Creating obstruction, in an organized or unorganized manner, in the transport, supplies, distribution and marketing of the basic food,

(e)        Rendering one homeless in such a manner as to deprive him or her of the basis of livelihood,

(f)        Not to distribute the food to be distributed pursuant to Section 7 to the targeted class or backward class,

(g)        Doing any other act contrary to this Act or the rules framed under this Act.

  1. Investigation and filing case: (1) The investigation of the cases under this Act shall be made by the Inspection Officer referred to in Section 44.

(2) The Inspection Officer referred to in sub-section (1) shall, upon making the investigation of the case, file the case in the concerned District Court within thirty-five days from the date of receiving the complaint.

(3) While filing the case pursuant to sub-section (2), the Inspection Officer shall obtain opinion of the government attorney.

  1. Punishment: A person who commits the offence referred to in Section 40 shall be liable to the following punishment, on the basis of the gravity of the offence:

(a)        If the offence referred to in clause (a) is committed, or caused to be committed, imprisonment for a term not exceeding ten years and fine not exceeding one million rupees,

(b)        If the offence referred to in clause (b), (c) or (d) is committed, or caused to be committed, imprisonment for a term not exceeding three years and fine not exceeding three hundred thousand rupees,

(c)        If the offence referred to in clause (e) is committed, or caused to be committed, imprisonment for a term not exceeding five years and fine not exceeding five hundred thousand rupees,

(d)       If the offence referred to in clauses (f) and (g) is committed, imprisonment for a term not exceeding one year and fine not exceeding one hundred thousand rupees,

  1. Compensation: (1) If any kind of harm and injury is caused to any person from the commission of any offence under this Act, an application may be made to the case trying authority to get compensation paid for such harm and injury.

(2) The standards relating to the compensation to be provided pursuant to sub-section (1) shall be as prescribed.

Chapter-12 Offences and Punishment

 

  1. Prohibition on hatred, disregard or neglect: No person shall hate, disregard, neglect a person with disability, knowingly do any act that hurts his or her self-respect or make obstruction to or interference in the use of assistive materials to be used by a person with disability or snatch or disorder such materials.
  2. Prohibition on engagement in begging: No person shall engage a person with disability in begging.
  3. Punishment: (1) If any person does any act in contravention of sub-section (1) of Section 5 shall be liable to punishment with imprisonment for a term from one month to three months or with a fine of three thousand to ten thousand rupees or both penalties.

(2) If any person does any act in contravention of Section 53 shall be liable to punishment with imprisonment for a term from three months to nine months or with a fine of thirty thousand to ninety thousand rupees or both penalties.

(3) If any person does any act in contravention of Section 54 shall be liable to additional fifty percent punishment, in addition to the punishment that is imposable on a person who does begging or engages any one in begging pursuant to the prevailing law.

(4) Any person who entices, attempts to commit or becomes accomplice in the commission of any offence referred to in sub-section (1) shall be liable to half the punishment that is imposable on the principal offender.

(5) If a person who has been sentenced pursuant to sub-section (2) or (4) again does such an act, the person shall also be liable to an additional punishment by twenty percent of the punishment that is imposable pursuant to that sub-section.

(6) If any person violates the right of a person with disability conferred by this Act or fails to perform the responsibility towards him or her, the person shall be liable to punishment with a fine not exceeding fifty thousand rupees.

(7) Any person or the chief of any organization or body who does any act in contravention of this Act, other than that set form in the foregoing sub-sections, shall be liable to punishment with a fine not exceeding fifty thousand rupees.

  1. Limitation: A case has to be filed within three months from the date of the commission of the act in relation to the matter punishable under Section 55.
  2. Government of Nepal to be plaintiff: The Government of Nepal shall be plaintiff in a case punishable under sub-sections (1), (2), (3), (4) and (5) of Section 55, and such a case shall be deemed to have been included in Schedule-1 of the National Criminal Procedures Code, 2074.

Chapter-8 Miscellaneous

  1. To appoint or designate Inspection Officer: (1) The Ministry may, in order to carry out the implementation of this Act and monitoring of the matters relating to food effectively, appoint or designate any employee having the qualification as prescribed, as the Inspection Officer, as necessary.

(2) Other matters relating to the Inspection Officer referred to in sub-section (1) shall be as prescribed.

  1. Liaison with Government of Nepal: The Council shall, while making liaison with the Government of Nepal, make liaison through the Ministry.
  2. Power to frame rules: The Government of Nepal may frame necessary rules in order to implement this Act.
  3. To formulate procedures and directives: (1) The Ministry may formulate necessary procedures or directives under this Act and the rules framed under this Act.

(2) The procedures or directives formulated pursuant to sub-section (1) shall be made public.

Chapter-13 Miscellaneous

 

58.      Protection Officer: The Local Level may designate an employee as the Protection Officer for the functions, including the protection of the rights of the persons with disabilities.

  1. Power to operate mobile services: The Ministry shall operate, or cause to be operated, mobile services as prescribed for the provision of the services, facilities …………. referred to in this Act and the rules framed hereunder to the persons with disabilities in an easy manner.
  2. Power to frame Rules: The Government of Nepal may, in order to carry out the objectives of this Act, frame necessary Rules.
  3. Power to make procedures and directives: The Ministry may make and implement necessary procedures or directives for the implementation of this Act, subject to this Act and the Rules framed hereunder.
  4. Power to make alteration in Schedule: The Ministry may as required make an alteration in the Schedule, by a notification in the Nepal Gazette.
  5. Repeal and saving: (1) The Protection and Welfare of Disabled Persons Act, 2038 (1983) is hereby repealed.

(2) All the acts and actions done and taken pursuant to the Protection and Welfare of Disabled Persons Act, 2038 (1983) shall be deemed to have been done and taken pursuant to this Act.