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Lumbini Development Trust Act, 2042 (1985)

Lumbini Development Trust Act, 2042 (1985)

Lumbini Development Trust Act, 2042 (1985)
Date of Authentication and Publication  2042.5.13 (August 29, 1985)
Amendments Act
1. Lumbini Development Trust (First Amendment) Act, 2048 2048.7.28 (Nov. 14, 1991)
2. Lumbini Development Trust (Second Amendment) Act, 2050 2050.7.4 (Oct. 20, 1993)
3. Sports and Culture Related Some Nepal Acts Amendment Act, 2053 2053.9.3 (Dec. 18, 1996)
4. Some Nepal Laws Amendment Act, 2063 2063.6.28 (Oct. 14, 2006)
5. Republic Strengthening and Some Nepal Acts
Amendment Act, 2066  2066.10.7 (Jan. 21, 2010) Act. No. 11 of 2042 (1985)
An Act made to provide for the Lumbini development Trust
Preamble: Whereas, it is expedient to provide for the Lumbini Development Trust, in order to present the commitment of Government of Nepal to project the goal and ideal of development of Lumbini more effectively before the world community, and to operate the Lumbini Development Plan in a more coordinated and smooth manner. Now therefore, be it enacted by His Majesty King Birendra Bir Bikram Shah Dev on the advice and with the consent of the Rastriya Panchayat.

2. Definitions

2. Definitions : Unless the subject or context otherwise requires, in this Act,-
(a) “Lumbini Development Area” means and includes the places Tilaurakot (ancient Kapilvastu) Gotihawa, Niglihawa, Sagarhawa, Sisaniyakot,

 

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This Act Came into force from 2065-2-15 (28 May 2008).

Amended by the Second Amendment

(2) Araurakot, Kudaan (Kapilvastu), Devadaha (Rupandehi), Ramgram (Nawalparasi), which are directly or indirectly related with the life of
the Lord Buddha and his birth place, Lumbini and it shall include other areas as specified by Government of Nepal by a notification in
Nepal Gazette. Provided that, while specifying places in such manner, only the places which are directly or indirectly related to the life of the Lord
Buddha may be specified.
(b) “Trust” means the Lumbini Development Trust established pursuant to Section 3.
(c) “Patron” means the Patron of the Trust.
(d) “Council” means the Council constituted pursuant to Section 8.
(e) “Chairperson” means the Chairperson of the Council.
(f) “Vice-Chairperson” means the Vice-Chairperson of the Council.
(g) “Treasurer” means the Treasurer of the Council.
(h) “Member-Secretary” means of the Member-Secretary of the Council.

(i) “Member” means a member of the Council. This term shall also include the Chairperson, Vice-Chairperson, Tresurer and Member-Secretary of
the Council.
(j) “Committee (Board of Trustees)” means the Executive Committee constituted under Section 11A of this Act.
(k) “Plan Implementation Committee” means the Plan Implementation Committee constituted in accordance with Section 12.
(l) “Plan” means the Lumbini Development Plan.
(m) “Prescribed” or “As prescribed” means Prescribed or As Prescribed in the Bye-rules made under this Act.

3. Establishment of Trust

3. Establishment of Trust :

(1) A Trust named as the Lumbini Development Trust shall be established for the development of Lumbini. This Trust shall be  a non-profit making institution.
(2) In English, the Trust shall be called the “Lumbini Development Trust.

6. Objectives of the Trust

6. Objectives of the Trust :

The objectives of the Trust,  as per the policy approved by Government of Nepal, shall be as follows:
(a) To obtain or arrange for obtaining contribution of cash, in-kind, or any other type of assistance for the plan from any sector within or outside the Nepal.
(b) To collect or arrange for collecting contribution for the plan from within or outside the Nepal.
(c) To establish direct contacts with individuals or institutions within or outside the Nepal for the purpose of obtaining assistance or  collecting contributions for the Plan.
(d) To make available funds for the plans approved after analysing work plans.
(e) To depute a member or any other person to inspect whether or not funds allocated for specific programmes as approved by the
Committee (Board of Trustees) have been properly utilised.
(f) To introduce changes in the work plan if so deemed necessary in the interest of the Plan.
(g) To form committees and sub-committees within or outside the Nepal as required for fulfilling the Plan.
(h) To evaluate the functions and operations of committees and sub- committees constituted under Clause (g).

__________________
Amended by Some Nepal Laws Amendment Act, 2063

Inserted by the First Amendment.

(i) To formulate policies for the committees and sub-committees formed under Clause (g) and issue Guidelines.
(j) To maintain close and cooperative relations with Government of Nepal.
(k) To perform or cause to perform other necessary functions in order to achieve the objectives of the Trust.

8. Constitution of Council

8. Constitution of Council :

(1) A Lumbini Development Council, as mentioned below, shall be constituted, as an apex body of the Trust, for formulating policy to fulfil the objectives of the Trust and for giving necessary guidance and directives to the Committee (Board of Trustees):-
(a) Ministry of Education, Culture and Social Welfare – Chairman
(b) A perosn designated by Government of Nepal Vice-Chairman
× (c)
………………….
(d) Four Secretaries nominated by Government of Nepal – Member
(e) Four persons nominated by Government of Nepal among the governmenta, non-governmental Buddhist instutions and renowned
and outstanding experts – Member
(f) Four persons nominated by Government of Nepal from among representatives of international instituttions and persons famous in
the field of conservation of heritage created by human beings – Member

________________________________
Repealed by First Amendment

Amended by the Second Amendment
×
Omitted by the Republic Strengthening and Some Nepal Acts Amendment Act, 2066

Amended by the Sports and Culture Related Some Nepal Acts Amendment Act, 2053.

(5) (g) A person nominated by Government of Nepal – Treasurer
(h) A person nominated by Government of Nepal   Member-Secretary
(2) In case, Government of Nepal so deems necessary, it may make necessary changes or alterations in the members mentioned in Sub-section (1)
by a Notification in the Nepal Gazette.

9. Tenure

9. Tenure :

(1) The tenure of the nominated Members shall be of Five years and they may be re-nominated on the expiry of their tenure.
(2) In case, the post of any Member falls vacant before the expiry of his/her tenure, another Member shall be nominated for the remaining period.
(3) The Chairperson and Member shall be deemed to have been relieved of his/her post after the resignation.

11. Meetings of Council

11. Meetings of Council :

(1) The Member-Secretary shall, as directed by the Chairperson, convene meetings of the ? Council specifying the date, time, and
venue.
(2) The Chairperson shall preside over meetings of the ? Council. In his/her absence, the Vice-Chairperson shall do so In the absence of both the
Chairperson and Vice-Chairperson, meetings shall preside over by a member choosen by the member from among themselves.
(3) Notice of the meeting shall normally be given one month in advance.
(4) The quorum for meeting of the ? Council shall be deemed to have been fulfilled in case half of the total membership of the ? Council is present.

 

_________________
Amended by the Second Amendment.

Amended by Some Nepal Laws Amendment Act, 2063

Repealed by First Amendment.

Amended by the First Amendment.

(5) The opinion of the majority shall prevail in the meeting. In the event of a tie, the person presiding over the meeting may use casting vote.
(6) Meetings of the ? Council shall normally by held twice a year, and the Chairperson may convene more meetings if he so deems necessary.
(7) The Member-Secretary shall maintain the minute book of the meeting.
(8) The allowances and other facilities to which members are entitled for attending meetings shall be as prescribed.
(9) The procedures of meetings other than mentioned in this Section shall be as prescribed.

11A. Composition of the Committee (Board of Trustees)

11A. Composition of the Committee (Board of Trustees) :

(1)An Executive Committee, as mentioned below, shall be constituted for running all the activities of the Trust, remaining under the general supervision of the Council.
(a) Chairperson of the Council – Chairperson
(b) Vice-Chairperson of the Council – Vice -Chairperson
(c) Treasurer of the Council – Member
(d) Four Members nominated by Chairperson from among members – Members
Provided that, while nominating in such manner at least a Member of Parliament from among Members of Parliament nominated pursuant to Clause
(d) of Sub-section (1) of Section 8 shall have to be nominated.
(e) Chief, Lumbini Development Project – Member
(f) Member-Secretary, Council – Member-Secretary
(2) The tenure of the Chairperson, Vice-Chairperson, Member and Member-Secretary shall upto his/her membership of the Council.
____________________
Inserted by the Second Amendment.

(3) In case, the post of any nominated member of the Committee falls
Vacant due to any reasons, the Chairperson may nominate from among other
members of Council for the remaining period

11B. Meetings of the Committee (Board of Trustees)

11B. Meetings of the Committee (Board of Trustees) :

(1)  The meeting of the committee shall be held in the date, time and venue as specified by the Chairperson.
(2) The quorum for the meetings of the Committee shall he deemed to have been fulfilled in case half (50%) of the total membership of the
Committee are present.
(3) In the absence of Chairperson, the Vice-Chairperson shall preside over the meetings of the Committee. And in the absence of both the
Chairperson and Vice-Chairperson, meetings shall be presided over by member choosen by the members from among, themselves.
(4) The opinion of the majority shall prevail in the meeting. In the event of a tie, the person presiding over the meeting can give casting vote.
(5) The Member-Secretary shall certify the decisions of the Committee.
(6) The other procedures relating to the meetings of the Committee shall be as decided by the Committee itself.

12. Plan Implementation Committee

12. Plan Implementation Committee :

(1) In order to implement the Plan under the supervision, direction, and control of the Committee a Plan Implementation Committee shall be constituted in the office of the Trust.
(2) The Plan Implementation Committee shall consist of persons nominated by the Chairperson.
(3) The Lumbini Development Committee existing at the time of the commencement of this Act shall continue to funcition under this Act until the
Plan Implementation Committee is constituted in accordance with Sub-section (1)

13. Fund and Accounts

13. Fund and Accounts :

(1) The Trust shall have the right to collect contributions for the Lumbini Development Plan from any part of the world and in any currency.
(2) The Fund shall comprise of the following amounts :
(a) Amounts provided by Government of Nepal for the Plan.

________________________
Inserted by the Second Amendment.

(b) Contributions made by individuals and organizations within or outside the Nepal for the Plan.
(c) Amounts received from other sources.
(3) The amount of the Trust may be deposited in any currency in Nepal Rastra Bank or any other bank in Nepal or abroad.
(4) All expenditures to be made by the Trust shall be borne by it.
(5) Accounts of the Trust shall be operated in the prescribed manner.

14. Accounts and Auditing

14. Accounts and Auditing :

(1) Accounts of income and expenditure of the Trust shall be maintained in the prescribed manner.
(2) Accounts of the Trust shall be audited by the Office of the Auditor General.
(3) Government of Nepal may inspect documents concerning the accounts and other cash and kinds of the Trust at any time, if it so desires

15. Delegation of Powers

15. Delegation of Powers: The Committee (Board of Trustees) may delegate its  powers as per necessity to the Chairperson of the  ? Committee (Board of Trustees), any Member, the Plan Implementation Committee, or other Committee or Sub-committee, or to their representatives as may be required.

18. Tax Exemption

18. Tax Exemption : No direct or indirect tax, charge, or fee to be imposed by the Government, or at the local bodies, including all kinds of income tax,

_____________________
Instered by the Sports and Culture Related Some Nepal Acts Amendment Act, 2053 .

Inserted by the Second Amendment.

Amended by the First Amendment.

property tax, vehicle tax, interest tax, sales tax, registration fees, and customs duty shall be imposed on the capital, income, and property of the Trust.
Provided that, Trust shall pay the charges and fees due for any kind of services.

19. Repeal and Saving

19. Repeal and Saving :

(1) The Lumbini Development Committee (formation) Order, 2032 (1975) is hereby repealed, and all the movable and immovable   property of the Committee constituted under that Order shall devolve to the Trust.
Provided that, the Lumbini Development Committee constituted under that order shall continue to exist until the Plan Implementation Committee is
pursunat to Sub-section (1) of Section 12.
(2) All contract and agreements signed with the Committee mentioned in Sub-section (1) shall be deemed to have been signed with the Trust, and all
actions taken and business conducted by the Committee shall be deemed to  have been taken or conducted by the Trust.
___________________________________________________________________
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Note: The following provision insterted by the Second Amendment:-
Tenure to be maintained: The Board members of the Lumbini Development Committee, serving at the time of commencement of this Act, shall be
sonsidered to be the members of the Council constituted pursuant to this Act and they shall remain in the post till their remaining tennure.