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Chapter – 6

Chapter – 6  Miscellaneous
56. Information to be provided for the establishment and extension
of the Enterprise:

(1) In case it is required establish a new Enterprise or to extend any Enterprise, the Proprietor of the
Enterprise Fifteen days prior to doing such act, shall inform the concerned Labour Office along with the particulars related to the following matters:
(a) Particulars relating to the area, category and boundary of the land.
(b) Length, breadth, and height of the building of the Enterprise and of other houses to be built in
Enterprise.
(c) Pertaining to the details of the said building as, which portion to contain what category of goods in
what quantities and type of machinery and equipment to be installed for production work and manufacture.
(d) Proper arrangement of ventilation of air along with light in all the rooms of the building.
(e) In case there is situation of emission of gases through production process, the provision for outlet
of such gas.
(f) Appropriate arrangement of toilet.
(g) Arrangement of drinking water.
(h) In case adequate supply of water is required, the arrangement made in that regard.
(i) Distance between the nearest habitation and the Enterprise and the particulars of the measures to be
adopted in protecting the neighbouring habitant from the environmental hazards.
(j) Nature and volume of power required for the production process.
(k) Name and quantity of raw material and subsidiary raw material required for the production process.
(l) Name and quantity of the good to be produced.
(m) Arrangements for the protection from fire of the complex of the Enterprise and the goods produced
from there.
(2) While making necessary examination upon the particulars to be received to Labour office pursuant to Sub-rule (1), in case it is seen to have adverse impact from the standpoint of health, safety and environment, the Factory Inspector may issue order to the Proprietor directing him/her to amend or alter as required upon the particulars
provided to it. It shall be the duty of the concerned Proprietor to abide by such directives.

57. Information to be provided by the Proprietor :

(1) While using any new building or land for the Enterprise, the proprietor shall have to provide written notice along with following particulars at least prior to Fifteen days to the local Labour office.
(a) Name and address of the Enterprise,
(b) Name and address of the Proprietor of the Enterprise,
(c) Address for correspondence with Enterprise,
(d) Name and address of the Manager of the Enterprise,
(e) Particulars of the workers engaged in the Enterprise,
(2) The Proprietor shall have to send the written notice along with the particulars mentioned in Sub-rule (1), to the Local Lobour Office within Thirty days after the commencement of these Rules.
(3) If, in any Enterprise where the Manger has not been appointed or has not taken the responsibility of the management of the Enterprise even if appointed, in such a situation the person officiating as Manger or if there is not such person also, the Proprietor him/herself shall be deemed to be the Manger of that Enterprise for the purpose of this Rule.

58. Procedures of the Labour Court: The Labour Court, while initiating and disposing cases, shall follow the procedures of Summary Procedure Act, 2028 (1972).

59. Repeal and Saving :

(1) The Nepal Factory and Factory workers  Rules, 2019 (1962) is, hereby, repealed.
(2) The Rules relating to Labour made to apply for a particular Enterprise shall prevail over the matters written in that Rules and these Rules shall prevail over the rest of the matters.
(3) Any act done or activities preformed pursuant to the Nepal Factory and Factory Workers Rules, 2019 shall be deemed to have been performed as per these Rules.

Schedule

Schedule
Specifying the degree of Disablement
S. No.                                             Particulars of the Injury                                     Disablement in percentage
1.                                                       Loss of two limbs                                                                                 100
2.                                                      Loss of two hands or loss of all fingers  along with palm             100
3. In case of loss of total sight 100
4. Total paralysis 100
5. In case of permanent sickness as a result of
injury
100
6. In case of loss of other eye of one eyed
person
100
7. In case of loss of other arm who had had
only one arm
100
8. In case of loss of other foot of one footed
person
100
9. In case of loss of one foot and one arm 100
10. In case of total and permanent incompetency
due to any other hurt
100
11. In case of total deaf 70
Condition of amputation of one Arm
12. Amputation of Shoulder Joint 80
13. In case the arm is amputed from the middle
of Shoulder and elbow
70
14. In case of loss of arm from elbow 70
15. In case of loss of arm from the middle of
elbow and wrist
70
16. In case of loss of hand from wrist 60
17. In case of loss of four fingers and alongwith
thumb of one hand
60
18. In case of loss of four fingers except thumb
of one hand
40
19. In case of loss of two flanks of the thumb 30
20. In case of loss of one flanks of the thumb 20
21. In case of loss of three flanks of the pointing
finger
14
22. In case of loss of two flanks of the pointing
finger
11
23. In case of loss of one flank of the pointing
finger
9
24. In case of loss of three flanks of the middle
finger
12
25. In case of loss of two flanks of the middle
finger
9
26. In case of loss of one flank of the middle
finger
7
27. In case of loss of three flanks of fourth and
fifth finger
7
28. In case of loss of two flanks of fourth and
fifth finger
6
29. In case of loss of one flank in both the fourth
and fifth finger
5
30. In case of additional loss in first or second
meta carpal
5
31. In case of additional loss in third, fourth or
fifth meta carpal
Condition of amputation of any one or of both the legs
33 In case both the thigh are amputed from the
middle or in case the leg is amputed from the
middle of one thigh leading to the loss of leg
of other side or the organ is amputed below
from both the knees
100
33. In case the legs are amputed 5 inch below
from both the knees
100
34. In case the leg is amputed 5 inch below from
one knee leading to the loss of another foot 100
35. In case there are only stump knees and are
bearing only after both the feet are amputed 100
36. In case there is amputation from upper joint
of metal rsophelongial joint of both feet 90
37. In case there is loss in all the fingers below
metarsophelongial join of both the feet 80
38. In case there is loss upon all fingers of both
the feet form the proximal of interphelongial
join
40
39. In case there in only loss in lower part from
proximal interphelongial joint of all the
fingers of both the feet
20
40. In case there is amputation from middle of
hip joint
90
41. In case there is amputation downwards to hip
joint, but if the stump of remaining leg is less
than 5 inch from troancter joint
80
42. In case the let is amputed not reaching below
the middle of the thigh in a way that there is
stump below the hip joint which is 5 inch
more than the trocanter joint
70
43. In case there is amputation in below from
middle of the thigh upto knee in a way not
being more than 3 1/2 inch
60
44. In case there is amputation in leg below knee
and the stump below the knee is of between
3 1/2 inch to 5 inch
50
45. In case there is amputation in leg below the
knee and the stump is 5 inch long below
from the knee
50
46. In case there is stump for aid bearing after
total amputation in one leg
40
47. In case there is amputation in one leg only
from proximal metatarsophelongial joint
40
48. In case all the fingers of one leg are amputed
from proximal metatarsophelongial joint or
are amputed from middle of
metatarsophelongial joint
20
49. In case of loss of both the flanks of the toes
of the feet
10
50. In case of loss of one flank of one toe of feet 3
51. In case of loss of some portion of toe
including its bone
3
52. In case of loss of finger other than toe 3 (each)
53. In case of loss any portion of any finger of
feet including bone other than toe
Other Specific injuries
1
54. In case of loss but not complicated, to
another eye, when one eye was in normal
condition
40
55. In case of loss in sight or loss in retina of
other eye when one eye’s sight was in normal
condition
30
56. In case of loss of hearing power of one ear 20
Total recovery to be created in limbs and joints after injury
57. Spine 30
58. Shoulder joint 40
59. Elbow 40
60. Wrist 30
61. Proximal and distal radio ulnar joint 30
62. Thumb (First Metacarpal flanks joint) 63
63. One joint of any one finger other than of thumb 3
64. All the joints of any one finger other than of
thumb
10
65. All the joints of all fingers including of thumb 40
66. Hip Joint 40
67. Knee 19
68. Ankle 19
69. Joint below tails bone 19
70. Toe (First Meta flanks joint) 19
71. Joints of other fingers of feet other than toe 10
Paralysis of limbs or only of any part of body after injury
72. Total paralysis as a result of injury in spinal
chord
100
Total paralysis of the following limbs
73. Brachial Plexus 70
74. Radial Nerve 50
75. Median Nerve 40
76. Ulnar Nerve 40
77. Syatic Nerve 70
78. Medial Paplitial Nerve 40
79. Lateral Paplitial Nerve 30

Chapter-1

Preliminary

1. Short Title and Commencement: (1) These Rules may be called the “Nepal Tourism Board Rules, 2055(1999)”

(2) These Rules shall come into force immediately.

2. Definition: unless the subject or context otherwise requires, in these Rules,-

(a) “Act” means the Nepal Tourism Board Act, 2053(1997).”Tourism entrepreneurs” means a person, firm, company or an organization who operates on tourism business.

(b)”Service fee” means the service fee that the Board is entitled to receive from the tourist and tourism entrepreneurs as per Rules.

Chapter-2

Provision Relating to Service Fee

3. Service Fee: The Board may receive the following service fee from the tourist and
tourism entrepreneurs pursuant to Section 7 of Act:-

(a) Service fee as determined by the committee for the service to be rendered to the tourist by the Board.

(b) Service fee of Two percent over the total amount paid by each tourist to the tourism entrepreneurs who operated the tourism business as prescribed by the committee.

(c) If the Board has provided special consultation or service to any tourist or tourism entrepreneur, service fee as determined by the committee for providing

4. Collection of Service Fee: The Board may collect service fee from a tourist and tourism entrepreneur for providing direct or indirect consultation or service.  Provided that, the Board may specify particular service fee may not be changed for any consultation or service.

5. Representative may be appointed to collect the Service Fee: (1) The Board may appoint a tourism entrepreneur or any other person or body, its representative to collect the service fee, or to collect service fee through any other method.

(2) If the committee considers it necessary, the Board may collect fee from a tourist directly, as per the procedure prescribed by the committee.

6. To Deposit in Fund: (1) The responsibility and liability of depositing the amount of service fee collected from a tourist into Board’s fund shall be that of the concerned tourism entrepreneur or person or body authorized by the Board.

(2) Where the Board appoints a tourism entrepreneur as a its representative to collect service fee pursuant to Sub-rule (1) of Rule 5, such tourism entrepreneur shall have to deposit the amount to be paid by itself to the Board it’s while depositing the amount of service fee collected into the Board’s fund pursuant to
Sub-rule (1).

(3) A tourism entrepreneur or any other person or body appointed by the Board as its representative to collect the service fee pursuant to Rule 5 shall after having deposited the amount into the Board’s fund, give a notice in writing thereo  to the Board.

(4) Except otherwise provided in Sub-rule (1) and (2) the other procedure relating to collecting service fee from tourist or tourism entrepreneur and depositing such amount into fund of the Board shall be as prescribed by the
Committee.

7. Action to be taken Against Defaulters: (1) Where the tourism entrepreneur or any other person or body, having the duty to collect and deposit service fee, fails to collect or to deposit into Board’s fund even after collecting, the Board may take necessary action to recover amount for service fee from such tourism entrepreneur
or any person or body.
(2) The Board may request to the concerned authority of Government of
Nepal to suspend or cancel the license of such tourism entrepreneur, if tourism
entrepreneur fails to deposit into the Board’s fund.

(3) Where a request is made pursuant to Sub-rule (2), the concerned authority of Government of Nepal shall cause to the concerned tourism entrepreneur to pay the amount of loss caused to the Board and if such tourism
entrepreneur does not pay the loss amount, Government of Nepal may suspend or cancel the license for a specified period of such tourism entrepreneur.

(4) The Board may recover reasonable reparation from the concerned tourism entrepreneur, for a loss caused to the Board.

Chapter-3

Provision Relating to the Chief Executive Officer

8. Procedure for Selection of Chief Executive Officer: (1) The committee shall form a Three–member Sub-committee, from among the members nominated pursuant to Clause (g) of Sub-section (2) of Section 9 of the Act to select and
recommend the appropriate candidate for the appointment to the Chief Executive Officer.

(2) The Sub-committee constituted pursuant to Sub-rule (1) shall publicly call application; prepare a list of persons desiring the qualification as mentioned in Section 14 of the Act and recommend the name of three candidates to the
committee for the appointment to the post of Chief Executive Officer from among persons enlisted in such list with specially qualified, trained and experienced in tourism field.

9. Appointment of Chief Executive Officer: (1) The Committee shall appoint the Chief Executive Officer of the Board from among those persons recommended to committee pursuant to Sub-rule (2) of Rule 8 whom it considers appropriate.

(2) If the person so appointed, to the Post of Chief Executive Officer
pursuant to Sub-rule (1), is being engaged in Governmental, non-Governmental
  service or any occupation, he/she shall retire from such service or occupation. If one does not retire such appointment shall be ipso facto void.

10. Remuneration, Facility and conditions of Service of the Chief Executive Officer: The remuneration, facility and other terms and conditions of service of the Chief Executive Officer shall be as prescribed in By-laws.

11. Assessment of the Chief Executive Officer’s Work Performance: (1) The committee shall evaluate work performance of the Chief Executive Officer every year.

(2) The basis of the work performance evaluation to be made pursuant to
Sub-rule (1) shall be as prescribed by the committee.

12. Procedure for Removal of Chief Executive Officer from the Posts:

(1) If the Chief Executive Officer fails to discharge duty pursuant to Sub-section (4) of Section 14 of Act, the committee shall constitute a Three-member inquiry Subcommittee consisting of a member of the committee as well to inquire that matter.

(2) The inquiry Sub-committee, under Sub-rule (1), in the course of inquiry may call Chief Executive Officer and other concerned persons to appear before the Sub-committee for necessary inquiry, to take statement and to collect necessary documents and evidence.

(3) After completion of inquiry, the inquiry Sub-committee shall submit its report along with its opinion to the committee.

(4) If the report submitted by the Inquiry Committee pursuant to Sub-rule(3) reveals that the Chief Executive Officer is found to have carried out an act against the interest of the Board causing thereby a loss to the Board or not discharged duties in consistency with the direction of the committee, the committee shall issue a notice to the Chief Executive Officer with reasons and grounds to submit clarification in a reasonable time. On non-submission of clarification by the Chief Executive Officer within said time period or on his/her clarification being unsatisfactory, the committee may remove Chief Executive Officer from the post.

(5) If the Committee considers the continuation of the duty of the post of the Chief Executive Officer may be in against of the interest of the Board, the committee may prevent from discharging duty or suspend such Chief Executive Officer until the inquiry is complete, after the Sub-committee to examine the allegation made against the Chief Executive Officer is formed pursuant to this Rule.

(6) In case, it is so proved that the loss was made to the Board knowingly by the Chief Executive Officer, the board shall initiate for necessary action to recover the loss made by such Chief Executive Officer.

13. Other Functions, Duties and Powers of the Chief Executive Officer: In addition to the functions, duties and powers set-forth is Section 15 of Act, the other functions, powers and duties of the Chief Executive Officer shall be as
follows:

(a) To carryout financial, administrative and other functions as per the Act, these Rules and Bye-laws.

(b) To act as liaison officer on behalf of the Board with Government of Nepal, foreign and domestic persons and Organizations.

(c) To make or cause to make follow-up and evaluation necessary in the course of implementation of long term and short term of plan and programme approved by the Board.

(d) To prepare suggestion necessary to solve the policy oriented problem discovered in the course of implementation, follow-up and evaluation on plan and programme, pursuant to Clause (c).

(e) To prepare agenda for the meeting of the committee after consultation with the chairperson.

(f) To cause to keep safe the updated document related with Board’s functions and proceedings including the record of decision.

(g) To comply with or caused to be complied with direction given by the committee and the Chairperson.

(h)To protect and manage the movable and immovable property of the Board.

(i)To perform other functions and take actions as prescribed by the committee.

Chapter-4

Miscellaneous

14. Daily and Travel Allowances of the Chairperson, Vice-Chairperson and the Member of the Board: (1) The Chairperson, Vice-Chairperson and the Members of the Board shall, while traveling within the country and abroad in connection of the Board’s programme, receive daily and travel allowance, clothing allowance and expenses, as prescribed in the By-laws. (2) Notwithstanding anything contained in Sub-rule (1), members representing to the Board pursuant to clause (f) of Sub-section (2) of Section 9 of the Act shall not receive such allowance and expense.

15. Organization Chart and Division of Work of the Board: (1) The organization chart and work division of the work of the Board shall be as prescribed by the committee.

16. Official to Issue Administrative Order: (1) The administrative order issuable under these Rules shall be issued by the Chief Executive Officer or an Officer level employee so authorized by the Chief Executive Officer.

(2) An Officer level employee of the Board shall have the power to certify
the order issued pursuant to Sub-rule (1).

17. Record of the Decision to be Kept: (1) The Member-secretary shall record the decision made in every meeting of the committee in minute-book and cause the signature or the members in it.

(2) A member, who is not satisfied with the decision of the Board made pursuant to Sub-rule (1), may sign in the minute book with separate remarks. Provided that, the member attending the meeting of the Board, shall receive
travel allowance and Hotel Expenditure for a period of not more than Two days
that is for approaching day and attending day. Such allowance and Hotel Expenditure shall be equal to received by the Chief Executive Officer pursuant to Financial Bye-laws, 2055 of the Nepal Tourism Board.

18. Copy of Decision to be Made Available: The Member-secretary shall make available of the decision of the committee to all members.

19. Annual Report to be submitted: The Chief Executive Officer shall submit an annual report pursuant to section 21 of the Act which shall also contain programme, cost, work progress and reform to be done in the future.

20. Oath: Other than the member representing Government of Nepal, the member, the Chief Executive Officer and every staff of the Board shall take the oath of office before taking charge of their post as mentioned in Schedule 1.

21. Inspection and Supervision: The committee may inspect and supervise and causeto be inspected and supervised Central, Branch and Sub-branch offices of the Board at any time as per necessity.

22. Handover: The Chairperson, vice-chairperson and members shall handover cash, kinds or other documents concerned with the Board within Seven days of their removal from the post, to the member-secretary or authorized officer and take the receipt.

23. Office Time of the Board: The office time of the Board shall be as prescribed by
the Committee.

Schedule-1

(Relating to Rule 20) Form of Oath of Secrecy

I …………………………………………………….. …………………… hereby take oath in the name of God/in good faith that as a member/Chief Executive/staff of the Board that I shall discharge the duty entrusted to me to the best of my commence honestly and dutifully being loyal to the Board without any fear, prejudice or enmity, benefit, favour and subject to the Nepal Tourism Board Act, 2053 (1997), Nepal Tourism Board Rules, 2055 (1999), and Bye-laws made thereunder. I shall not disclose any confidential matter of my knowledge directly or indirectly by word or sign in any
condition while holding the post or not to any person other than the authorized person.

Oath taking officers Authority
certifying the oath
Name:-
Signature:-
Designation:-
Date:-
Name:-
Signature:-
Designation:-
Date:-

 

2. Definition:

2. Definition: Except the subject or context otherwise requires, in these Rules, –
(a) “Act” means the Higher Secondary Education Act, 2046.
(b) “Chairperson” means the Chairperson of the Senate and the Council.
(c) “Vice-Chairperson” means the Vice-Chairperson of the Senate and the
Council.
(d) “Member-Secretary” means the Member-Secretary of the Senate and the
Council.
(e) “Management Committee” means the Higher Secondary School
Management committee formed pursuant to Rule 8.
(f) “Teacher” means a teacher teaching at a Higher Secondary School.

3. Application to be submitted for Affiliation:

3. Application to be submitted for Affiliation:

(1) A secondary school approved by Government of Nepal, individual or organization willing to have affiliation
to the Council as a school imparting Higher secondary education pursuant to Section 3 of the Act have to submit an application to the Council in a format prescribed in Schedule-1 within the time-limit prescribed by the Council
through a public notice.
(2) While submitting an application pursuant to Sub-rule (1) such school, individual or organization must have the following infrastructure and have to fulfill the following terms and conditions: –
(a) Having a concrete (Pakki) building and appropriate and adequate rooms for running classes;
(b) Having a library along with text books and other reference books and Journals as per the curriculum approved by the Council for higher secondary education;
(c) Having a laboratory with all facilities and equipped with necessary instruments and equipments that may be
necessary for the operation of practical classes;
(d) Having adequate facilities of playground necessary for extra activities, drinking water and toilets and so on;
(e) Having adequate furniture for students and teachers;
(f) Having subject teachers with academic qualifications as prescribed by the Council;
(g) Having proof that the amount determined by the Council has been deposited in a fixed account at a bank in the
name of the school.
(h) In case of a secondary school approved by Government of Nepal, having the students passed as per the percent
prescribed by the Council in the School Leaving Certificate Examination in the last Three years; and (i) Having fulfilled other necessary terms and conditions determined by the Council from time to time.

4. Granting Temporary Affiliation:

4. Granting Temporary Affiliation:

With reference to the application submitted pursuant to Rule 3, the Council may grant temporary affiliation to the
secondary school approved by Government of Nepal, individual or organization upon conducting an inquiry whether or not the determined terms and conditions are fulfilled based on the population and geographical situation
of the area and having considered whether or not the higher secondary school may be operated in that area.
Provided that, if academic activities of a school which has affiliation to run a school to impart higher secondary education are affected, the Council may grant temporary affiliation to such school, individual or organization.

5. Granting Permanent Affiliation:

5. Granting Permanent Affiliation:

(1) If the higher secondary school having  affiliation pursuant to Rule 4 completes one academic level of Two years upon fulfilling the terms and conditions as referred to in these Rules and prescribed by the Council, the Council may grant permanent affiliation upon considering the results of such schools.
(2) Prior to granting permanent affiliation pursuant to Sub-rule (1), the Council shall conduct a field study on the academic, physical and other necessary aspects of the concerned higher secondary school.

7. Suspension or Revocation of Affiliation:

7. Suspension or Revocation of Affiliation:

(1) In case any higher secondary school imparts higher education contrary to the Act and these Rules or does not
abide by the directives of the Senate or Council or does not fulfill any terms or condition determined by the Council, the Council may suspend or revoke the  affiliation it has granted. Provided that, no affiliation shall be suspended or revoked without giving such higher secondary school an opportunity to defend itself.
(2) In case any higher secondary school wants itself to suspend or revoke the affiliation it received from the Council, it may submit an application to the Council.
(3) In case an application is filed pursuant to Sub-rule (2), the Council may, upon considering the application and academic condition of the concerned higher secondary school suspend or revoke such affiliation.
(4) While suspending or revoking affiliation by the Council pursuant to Sub-rule (1), an inspection team shall be deputed and the suspension or  revocation shall be made also on the basis of the report of the said team.
(5) While suspending or revoking affiliation by the Council pursuant to Sub-rules (1) or (3), the suspension or revocation shall be made without affecting the academic session of such school to the extent possible.
(6) No new student shall be admitted in the higher secondary school whose affiliation has been suspended or revoked pursuant to Sub-rules (1) or (3). Provided that, it shall be mandatory for such higher secondary school to
run classes for a minimum period required for completing higher secondary level for the students already admitted.
(7) In case suspension or affiliation of a higher secondary school is not released till the last date of any academic session, the affiliation granted pursuant to Rules 4 or 5 shall ipso facto be deemed to have revoked upon
completion of the said period.

8. Management of Higher Secondary School

8. Management of Higher Secondary School:

(1) The secondary school management committee formed pursuant to Education Rules, 2049 shall carry
out acts relating to the management of the higher secondary school having had affiliation pursuant to sub section 3.1 of Section 3 of the Act.
(2) The management committee as mentioned hereunder shall carry out managerial functions of the higher secondary school affiliated pursuant to Subsection 3.2 of Section 3 of the Act: –
(a) A person nominated by the Council from amongst three persons recommended by the District Education Officer from amongst the local parents, donors, persons having interest education and social activists – Chairperson
(b) A representative of officer level of the District Education Office
(c) Chairperson of the concerned Village Development Committee or the concerned Ward Member
of the Municipality -Member

(d) Two persons nominated by the Council on the recommendation of the Regional Education
Director from amongst local social activists, intellectuals, and persons having interest education including at least a woman -Member
(e) Two persons nominated by the Council on the recommendation of the District Education
Committee representing one each from parents and the donors – Member
(f) One teacher representative  selected by teachers engaged in the concerned higher secondary school from amongst themselves – Member
(g) Headmaster of the concerned higher secondary school -Member-Secretary
(3) The tenure of Office of the nominated office-bearers of the management committee formed pursuant to Sub-rule (2) shall be of two years.

9. Procedures Relating to Meetings:

9. Procedures Relating to Meetings:

(1) The procedures relating to the meetings  of the management committee referred to in Sub-rule (1) of Rule 8 shall be as provided for in the Education Rules, 2049.
(2) The procedures relating to meeting of the Management Committee formed pursuant to Sub-rule (2) of Rule 8 shall be as follows: –
(a) Meetings of the Management Committee shall be held at least once in Two months.
(b) Meetings of the Management Committee shall be held on such date and time and venue as appointed by the
Chairperson of the committee.
(c) The Member-Secretary of the committee shall, as per the direction of the Chairperson of the Management
Committee, provide a notice along with agenda items of the meeting to all members of the committee normally
Twenty-Four hours in advance of the time of the meeting.
(d) The Chairperson of the committee shall preside over meeting of the Management Committee and in his/her
absence; the person selected by members from amongst themselves shall preside over the meetings.
(e) If at least Fifty percent of the members in the Management Committee are present, it shall be deemed to have
constituted the quorum for meetings of the Management Committee.
(f) The majority decision shall be valid in meetings of the Management Committee and in case of equal division of
votes, the person presiding over the meeting shall exercise casting vote.
(g) Decisions of meetings of the Management Committee  shall be authenticated and retained by the Secretary.
(h) Other procedures relating to meetings of the Management Committee shall be as determined by the Management  Committee itself.

10. Functions, Duties and Powers of Management Committee:

10. Functions, Duties and Powers of Management Committee:

(1) The functions, duties and powers of the Management Committee formed pursuant to Sub-rule (1) of Rule 8 shall, in addition to the functions, duties and powers of Secondary School Management Committee referred to in the Education Rules, 2049 be as follows: –
(a) To manage for necessary teachers for the operations of the higher secondary education;
(b) To make appropriate provisions for study and teaching according to the curricula and academic programmes
approved by the Council;
(c) To collect necessary financial resources for the operation of the higher secondary education and to utilize the
available sources in maximum;
(d) To carry out and cause to carry out the activities as per the policies, decisions and direction of the Council with regard to the operation of higher secondary education.
(2) The functions, duties and powers of the Management Committee formed pursuant to Sub-rule (2) of Rule 8 shall be as follows: –
(a) To carry out or cause to carry out entire activities relating to operation, supervision, control and management of
higher secondary school;
(b) To make appropriate provision for teachers and employees necessary for teaching;
(c) To make provisions of financial, physical and technical resources necessary for the operation of higher secondary
school;
(d) To make provisions for study and teaching according to the curricula and academic programmes approved by the
Council;
(e) To establish coordination amongst the Council, the universities in Nepal and other academic institutions for
the promotion of academic standard;
(f) To approve the budget of the higher secondary school;
(g) To protect and promote or cause to protect and promote the movable and immovable property of the higher
secondary school;
(h) To appoint auditor and to take actions on his/her report;
(i) To hold meetings involving local parents, donors and persons interested in education each year and to introduce
the income and expenditures and academic activities of the higher secondary school in the meeting;
(j) To involve higher secondary school in various constructive activities in order to maintain sound academic
atmosphere;
(k) To take necessary actions against teachers, employees and students involved in unwarranted activities;
(l) To involve teachers and employees in programmes like seminars, workshop, training and so on organized for the
promotion of academic standard;
(m) To carry out or cause to carry out other functions according to the policies, decisions and directions of the
Council;

11. May be Dissolved:

11. May be Dissolved:

(1) In case a Management Committee formed pursuant to Sub-rule (2) of Rule 8 does not fulfill the responsibility or does not abide by the Act, these Rules or direction of the Council, the Council may, having consultation with the Regional Education Director of the region where higher secondary school is located and the District Education Officer, dissolve such Management Committee. Provided that, such Management Committee shall not be dissolved
without giving it an opportunity to defend itself.
(2) The Council may, if it deems necessary, conduct an inquiry or investigation prior to the dissolution of the Management Committee.
(3) In case the Management Committee is dissolved pursuant to Subrule (1) or the Management Committee is no more existing for any reason whatsoever, the Council may form a temporary Management Committee.

14. Research and consultation may be carried out:

14. Research and consultation may be carried out: The Council may, upon entering into the agreements with national or international governmental or non governmental organizations, carry out necessary functions on the matters
regarding research, consultation and trainings. Provided that, while entering into agreements with international
governmental or non governmental organizations with regard to research, consultation and trainings, prior approval of Government of Nepal shall be  obtained.

15. Procedures Relating to Meetings of Senate:

15. Procedures Relating to Meetings of Senate:

(1) The meetings of the Senate shall be held at least once in a year.
(2) Meetings of the Senate shall be held on such date, time and place as appointed by the Chairperson.
(3) The Member-Secretary shall, at least Seven days in advance, give a notice to all members along with agenda to be discussed at the meeting of the Senate.
(4) If at least Fifty percent existing members of the Senate attend, it shall be deemed to have constituted the quorum.
(5) The Chairperson shall preside over the meetings of the Senate and in his/her absence, the Vice-Chairperson shall preside over. In the absence of the Chairperson and Vice-Chairperson, the member selected by the members of
Senate from amongst themselves shall preside over the meeting of the Senate.
(6) The Member-Secretary shall authenticate the decisions of the Senate.
(7) Other procedures relating to the meetings of the Senate shall be as determined by the Senate itself.

16. Functions, Duties and Powers of the Council:

16. Functions, Duties and Powers of the Council:

The functions, duties and powers of the Council shall be as follows: –
(a) To formulate policies and programmes relating to management and operation of the higher secondary schools having affiliation;
(b) To conduct appropriate programmes for the development of higher secondary education and to conduct or cause to conduct necessary research with regard to higher secondary education;
(c) To grant affiliation to the school, individual or organization imparting higher secondary education;
(d) To approve curricula necessary for higher secondary education and cause to prepare text books;
(e) To make provision of human resources necessary for the Council;
(f) To approve the posts of employees necessary for the Council;
(g) To form sub-committees or tasks force as may be necessary to perform the functions of the Council and to determine the functions, duties and powers of such sub-committee or task force;
(h) To maintain or cause to maintain updated record along with entire documents of the higher secondary schools having affiliation;
(i) To approve the study and extraordinary leaves of the employees of the Council;
(j) To implement or cause to implement policies, directives and decisions of the Senate;
(k) To carry out or cause to carry out other functions necessary for the operation of the higher secondary school.

17. Procedures Relating to Meetings of the Council:

17. Procedures Relating to Meetings of the Council:

(1) Meetings of the Council shall be held as may be necessary.
(2) Meetings of the Council shall be held on such date, time and place as appointed by the Chairperson.
(3) The Member-Secretary shall, at least Seven days in advance, give notice to all members along with agenda to be discussed at the meetings of the Council.
(4) If at least fifty percent of the existing members of the Council attend, it shall be deemed to have constituted the quorum for the meetings of the Council.
(5) The Chairperson shall preside over meetings of the Council and in his/her absence, the Vice-Chairperson shall preside over. In the absence of the Chairperson and Vice-Chairperson, the member selected by the members of
Council from amongst themselves shall preside over the meetings of the Council.
(6) Majority opinion in the meeting of the Council shall be binding and in the case of a tie of votes, the person presiding over the meeting may exercise the casting vote.
(7) The Member-Secretary shall authenticate the decisions of the Council.
(8) Other procedures relating to the meetings of the Council shall be as determined by the Council itself

19. Functions, Duties and Powers of the Vice-Chairperson:

19. Functions, Duties and Powers of the Vice-Chairperson:

Functions, duties and powers of the Vice-Chairperson shall be as follows: –
(a) To render assistance to the Senate and the Council in formulating shortterm and long-term policies, plans and programmes of the Council;
(b) To maintain coordination with the native and foreign governmental and non-governmental organization or individual;
(c) To carry out or cause to carry out evaluation of progress of the plans and programmes being conducted under the Council;
(d) To inspect or cause to inspect higher secondary school having affiliation and to issue necessary directives in the functioning of such schools;
(e) To take necessary actions in litigation (lawsuits) relating to the Council or Senate on behalf of the Council or Senate; and
(f) To cause to introduce resolutions before the Council and Senate.

20. Functions, Duties and Powers of Member-Secretary:

20. Functions, Duties and Powers of Member-Secretary:

(1) Functions, duties and powers of the Member-Secretary shall be as follows: –
(a) To prepare or cause to prepare resolutions to be introduced before the Senate and the Council;
(b) To implement or cause to implement the decisions made  by the Senate and the Council;
(c) To prepare estimates of annual income and expenditure (budget) and programmes of the Council and to submit
them before the Council; and
(d) To carry out or cause to carry out the functions relating to mobilization of the funds, management, protection and
operation of property of the Council.
(2) While exercising his/her powers and performing his/her duties pursuant to Sub-rule (1), the Member-Secretary shall do it subject to the control and directives of the Vice-Chairperson.

21. Terms and Conditions of Service of Vice-Chairperson and MemberSecretary:

21. Terms and Conditions of Service of Vice-Chairperson and MemberSecretary:
(1) The Vice-Chairperson shall be the chief officer serving full time at the Council.
(2) The Member-Secretary shall be the officer serving full time at the Council.
(3) The Vice Chairperson and Member-Secretary shall be entitled to remuneration from the date of assuming their offices.
(4) Until a Bye-law relating to remuneration, other terms and conditions of service and benefits of Vice Chairperson and Member-Secretary is made, it shall be as prescribed by Government of Nepal.

Schedule – 1 (Relating to Rule 3)

Schedule – 1

(Relating to Rule 3)
Application to be submitted for getting affiliation from the Council
Higher Secondary Education Council,
……………………………………………….
Since Higher Secondary Level (10+2) classes are going to be conducted in this school/organization from the academic session of the year ………………., therefore, we submit this application along with the following details. We request the Council to grant affiliation to this school/organization as a school imparting higher secondary
education.
1. Particulars of the School/Organization:
(a) Name: –
(b) Address: –
(1) District ……………. (2) Municipality/VDC ……….
(3) Ward No. …………..
(c) Year of Establishment of Secondary School
……………………………………………………….
(d) Year of Registration, if it is an organization
……………………………………………………….
(e) If it is a secondary school, –
(1) Year of commencement of study: –
(2) If grant is available from Government of Nepal, full or part: –
(3) Private: –
2. Physical Details of Secondary School/Organization :
(a) Building: –
(1) Concreted/raw: – (2) Stores: – (3) Rooms: –
(4) Ownership/on Rent
(5) Area of Land Covered by the Building: –
(b) Furniture (Types and numbers)
(c) Is there Library Building: – Yes/No

(d) Is there separate provision of reading room: Yes/No
(e) Is there Toilet: – Yes/No
3. Documents to be enclosed with the application:
(a) Copy of the Decision of Management Committee.
(b) Copy of the land ownership certificate of the land which is in the name of the school, individual or organization.
(c) Copy of the agreement if the house is on rent.
(d) Copy of evidence of the bank balance amount.
(e) Copy of the receipt of the deposit of amount in bank for getting affiliation.
(f) Copies of agreements by the newly appointed teachers of the higher secondary school for engaging in teaching for a period of three years and copies of academic certificates of such teachers.
(g) If financial arrangement has to be made from other sources, the bases of arranging such sources.
Applicant
Date: Signature: –
Name: –
Post: –

Schedule – 2 (Relating to Rule 24)

Schedule – 2
(Relating to Rule 24)
Logo of the Council.
The logo of the Council shall be a figure with a book in between and a lamp held by a hand inside a hexagon figure within a round circle, in upper part of the circumference the words “Higher Secondary Education Council” increpted in Nepali and the year 2046 written below it and in the lower half of the circumference, “Higher Secondary Education Board” and above it the year 1989 encrypted.

Chapter – 1  Preliminary

Chapter – 1  Preliminary
1. Short Title and Commencement:

(1) This Rule may be called “Election of the Members of Constituent Assembly Rule, 2070 (2013)”.
(2) This Rule Shall come into force immediately.
2. Definitions: Unless the subject or the context otherwise requires, in this
Rule.
(a) “Ordinance” means the Election to Members of the Constituent Assembly Ordinance, 2070 (2013).
(b) “Election Program” means the election program determined by the Commission pursuant to Rule -4.
(c) “Election Symbol” means the election symbol determined by the Commission pursuant to Section 31 of the Ordinance.
(d) “Polling Station” means any Polling Station specified by the Commission pursuant to Section 34 of the Ordinance, for the purposes of polling in the election.

Chapter – 2 Notice of the Election and Election Program

Chapter – 2 Notice of the Election and Election Program

3. Notice of the Election:

(1) After the Government of Nepal has specified the date for election to the members of the Constituent Assembly, The Commission shall specify the time for conducting polls on that date and issue a notice for information to the general public and publish such notice in the Nepal Gazette.
(2) The Commission may, as required, publish and broadcast or cause to publish and broadcast the notice of election as referred to in the Sub-rule (1) through the communication media.

4. Fixation of the Election Program:

(1) After the publication of the notice of the election pursuant to Rule 3, the Commission shall, in relation to the
First Past The Post Electoral System, determine the election program  indicating the venue, time and date for the registration of nomination papers of candidates, publication of the list of candidates whose nomination papers
have been field, making complaints against candidates, scrutinizing nomination papers and examining complaints, publication of a name list of the candidates whose nomination papers meeting requirements have been registered, withdrawal of names of candidates from their candidacy, publication of the final name list of the candidates providing election symbols to candidates and conducting polling.
(2) The Commission shall, in relation to the election under the proportional election system, determine the election program indicating the submission of closed list of candidates, time for correction in the closed list of candidates,
if such correction is required to be made following the examination of the closed list of candidates accordingly and if such correction is not required making complaints against the closed list of candidates, scrutinizing and
examining the closed list of candidates, withdrawal of names of candidates from the closed list of candidates and final publication of the closed lists of candidate.

(3) The Commission shall publish a notice of election program in the Nepal gazette and may also cause such notice to be published and broadcast through communication media, as required.

5. Notice of the Election Program to be Posted:

(1) The Returning Officer shall affix a notice of the election program relating to the First Past The Post
Electoral System, as referred to the schedule -1 at his or her office.
(2) The Commission shall post a notice on the election program relating to the Proportional Electoral system, as referred to the Schedule -2 at the office of the Commission.
(3) A recognizance deed (Muchulka) shall be accomplished on the publication of the election programs pursuant to Sub-rule (1) and (2).
(4) The Returning Officer and the Commission shall, to the extent possible, publish and broadcast or cause to be published and broadcasted, the notice on the election program referred to in Sub-rule (1) and (2), respectively,
through the communication media.
(5) The Returning Officer shall provide information about the affixed notice on the election program pursuant to Sub-rule (1) to the district based offices of political parties, to the extent of a availability.

Chapter – 3  Nomination of Candidates

Chapter – 3  Nomination of Candidates
6. Registering of Nomination Papers for First Past The Post Electoral
System:

(1) A person who has possessed the qualification set forth in the Constitution and the Ordinance and intents to become a candidate in the election to be held under the First Past The Post Electoral System may, himself or herself or through his or her representative, proposer of recorder, file, or cause to be filed the nomination paper in the format as referred to in Schedule – 3 to the office of the Returning Officer at the date and time set forth in the notice on the election program. In so filling, or causing to be filed, the nomination paper, one person may file, or cause to be filed, the   nomination paper for a candidate in a maximum of two election constituencies.
(2) In the case of a person who becomes a candidate filed by any political party, in filing a nomination paper pursuant to Sub-rule (1), a formal letter in the format as referred to in schedule -4, provided by that political party shall also be submitted and the office bearer of that party who is authorized to provide such formal letter shall send a copy of such formal letter to the Returning Officer.
(3) While filing, or cause to be filing a nominate paper pursuant to Sub-rule
(1), one person shall propose and another person shall support the proposal with their signature. The nomination paper shall be accompanied by evidence indicating such proposer and seconder are the voters whose names
are registered in the electoral roll of the same constituency.
(4) Any person may be nominated by a maximum of three nomination papers having different proposer and seconder of the proposal for the election in the same electoral constituency.
(5) The person nominated as a candidate shall have to express his or her consent by signing it.
(6) In order to register a nomination paper pursuant to this Rule, a bank voucher of the deposit of three thousand rupees or a cash receipt thereof shall be submitted. Provided that, a person who intends to file more than one nomination paper in one election constituency pursuant to Sub-rule (4) shall not be required to furnish a deposit exceeding three thousand rupees.
(7) A person who intends to file a nomination paper pursuant to Sub-rule (1) to be a candidate in an election constituency other than the election constituency, where his/her name is included in the electoral roll, such
person shall get it certified by the Commission or the concerned District Election Officer that his or her name is included in the electoral rolls and also submit a transcript of the electoral roll along with the nomination paper.
(8) If, in scrutinizing a nomination paper filed pursuant to sub-slue (1), it appears to have fulfilled the requirements, the Returning Officer shall  register such nomination paper and give a receipt thereof to the person  getting the nomination paper registered.
(9) If, in examining the nomination paper pursuant to Sub-rule (8), it appears that a nomination paper have no the proposer or seconder or that the proposer or seconder is repeated or have not submitted a receipt of the
furnished deposit or have no signature of candidates or the proposer or seconder or have not fulfilled the other requirements, the Returning Officer shall cause to make correction in such documents which are not in
accordance with the requirements, and register the nomination paper. If one intends to get the nomination paper registered without fulfilling the requirements, the nomination paper shall be registered by mentioning the
fact of non fulfillment of the requirements in that nomination paper, and a receipt thereof shall be given.

7. To Be Provided Specimen of Signature:

(1) The office bearer specified by the central executive committee of a political party registered in the Commission for the purpose of election shall certify the name, surname, post and specimen of signature of the office bearer who is authorized to provide a person who becomes a candidate on behalf of that party in the election under the First Past The Post Electoral System with a formal letter on the registration of nomination paper and, shall provide it to the Commission at least seven days prior to the last date for the filing of nomination papers by candidates.
(2) The Commission shall provide a photocopy of such specimen of signature to the Returning Officer in order to verify the signature of the office bearer providing the formal letter pursuant to Sub-rule (1).

8. Shall Be Set the Nomination Papers for Proportional Election:

(1) Notwithstanding anything contained elsewhere in this Rule, the closed lists of candidates submitted by the political parties to the Commission for the  election to be held under the Proportional Electoral System shall be set as
the nomination papers of candidates.
(2) While submitting a closed list to the Commission for the purpose of  nominating candidates in the election to be held under the Proportional Electoral System a political party shall mention the place of which electoral rolls contain the name of every candidate included in such closed list, and submit a certified copy of the citizenship certificate of every candidate as  well as his or her address.

9. Procedures relating to a Closed List of Candidates:

(1) After the publication of the election program pursuant to rule 4, a political party which intends to take part in the election to be held under the Proportional electoral system shall submit a closed list of candidates prepared pursuant to Section – 7 of the ordinance to the Commission within the date and time set forth in the election program.
(2) The Commission shall not register a closed list of candidates if the closed lists of candidates to be submitted to the Commission pursuant to Sub-rule
(1) has not been so prepared that candidates are filed for at least ten percent members is the total number of members to be elected under the Proportional Electoral System.
(3) After the submission to the Commission of the closed list of candidates received from a political party, the Commission shall ascertain whether the representation is made on the basis of the principle of proportional and
inclusiveness set forth in Sub-rule (3) of Section 7 of the Ordinance or not and if it is not so represented, the Commission shall notify the concerned  political party to make corrections in the closed list of the candidates on the
basis of proportional and inclusive representation and shall provide time to submit it within seven days. The Commission may publish the details of such notification for information to the general public.
(4) If the concerned political party corrects the closed list of candidates and sends it to the Commission within the time limit pursuant to Sub-rule (3), the Commission shall set such closed list as the final list. The Commission shall
publish such list for information to the general public.

(5) Others procedures and processes of the examination of closed lists of candidates shall be determined by the Election Commission. 10. Publication of List of Name list of Candidates. After expiring the specified
time for the registration of nomination papers in relating to the election under the First Post The Past Electoral System, the Returning Officer shall publish in the format as referred to in Schedule -5, a list of candidates whose
nomination papers have been registered pursuant to Rule- 6 in his or her office and send one copy thereof to the Commission.

11. Making Complain Against Candidate:

If any candidate or his election representative intends to make a complaint with regard to the qualification of
the candidate whose name is included in the list of candidates published pursuant to rule 10, the candidate or his representative may make a complaint, in the format as referred to in Schedule -6, before the Returning
Officer at the date and time specified in the election program.

12. Examination of Nomination Papers:

(1) The Returning Officer shall examine the nomination papers which registered pursuant to Rule 6, such as,
date, time and place specified in the election program.
(2) At the time of examination of the nomination papers by the Returning  Officer in pursuant to Sub-rule 1, the proposer, secondary or candidate himself or one representative authorized in writing by each nominated
candidate shall presence. Provided that, even where proposer or secondary of the candidate himself
or herself or his or her representative is not present, nothing shall be deemed to prevent the making of decisions in that respect.
(3) Where a complaint has been made against any candidate pursuant to Rule  11, the Returning Officer shall examine the nomination papers pursuant to Sub-rule (1), and also inquire into such objection and make a decision
thereon.
(4) While examining the nomination papers pursuant to Sub-rule (1), if it is found that more than one nomination paper of one person has been filed in any election constituency and such nomination papers are valid, the
Returning Officer shall only set any one nomination paper according to the will of the concerned candidates or his or her representative.

13. To Prepare Name list of Candidates:

After the examination of the nomination papers by the Returning Officer pursuant to Rule 12, a copy of
the name list of candidates whose nomination papers have met the requirements under the law shall publish in its office and send one copy to the Commission forthwith, by preparing in the format referred to the
Schedule -7.

14. Withdrawal of Name:

(1) If any candidates whose name is included in the list of the name list of candidates published pursuant to Rule 13, intends to withdraw his or her name, the candidate himself or herself or through his or her representative may give a notice on the withdrawal of name in the format as referred to in Schedule -8, to the Returning Officer at the date and time mentioned in the election program.
(2) The notice of withdrawal of name pursuant to Sub-rule (1) shall be registered in the office of Returning Officer and the notice so registered shall not be cancelled or withdrawn.
(3) If the Returning Officer is satisfied with the authenticity of the notice registered pursuant to Sub-rule (2), the name of the candidate who has withdrawn his or her name shall be removed from the list of candidates.
(4) If in relation to a candidate nominated by a political party, the office bearer authorized pursuant to Rule 7 to file the nomination of the candidate on behalf of that party sends an intimation of withdrawing the name of that candidate to the Returning Officer within the date and time set forth in the election program, such candidate shall not be remained as a candidate of the party.
(5) The Returning Officer shall publish in his or her office a notice on the removal of name pursuant to Sub-rule (3) or (4), in the format as referred to in Schedule -9.
(6) Notwithstanding anything contained anywhere in this Rule, if any candidate listed in the closed list of candidates gives an application to the Commission for the removal of his or her name from the closed list of candidates within the  date and time determinate in election program for the proportional election, the Commission shall remove the name of the candidate from the closed list of candidates and give information thereof to the concerned political party.

15. Final Name List of Candidates:

(1) After the time as specified in the election  program under the First Past The Post Electoral System for withdrawing name  of the candidate has expired, the Returning Officer prepares a final name list of  remaining candidates, in the format as referred to in Schedule -10, and publish one copy of that name list in his or her office, send one copy thereof to the Commission immediately.
(2) The final name list of candidates to be prepared pursuant to Sub-rule (1) shall be written according to the alphabetical order of candidates and in the case of candidates nominated by any political parties, the address written his or her nomination papers shall also mention the name of the concerned political party.

16. Final Publication of Closed List of Candidates:

(1) After the publication by the Commission of a closed list of candidates received by the Commission
after holding exam in pursuant to the Ordinance and this Rule, any political party or any person whose name is included in the closed list for the proportional election may, pursuant to Section 29, make a complaint to the
Commission, in the format as referred to the Schedule 11, claiming that any candidate whose name is included is such list does not possess the qualification set forth in the Constitution and Ordinance.
(2) Where a complaint making objection is received pursuant to subsection (1), the Commission shall make the necessary examination into the matter, and if any candidate does not appear to have the qualification upon such examination, the Commission shall remove the name of such candidate from the closed list of the candidates and publish the final list of the closed list of candidates. Provided that, he or she shall be given an opportunity to furnish own statement prior to removing the name of any candidate from the closed list of  the candidates.

(3) The closed list of candidates pursuant to Sub-rule (2) shall be published in the format as referred to in Schedule – 12.
(4) The Commission shall send the closed list of candidates finally published pursuant to Sub-rule (2) to the concerned political parties for their information.

17. Declaration of Elected Unopposed:

(1) Under the First Past The Post Electoral System, a candidate shall be elected unopposed in the following
conditions.
(a) If the nomination paper of only one candidate has been filed in any constituency, or
(b) If more than one nomination paper of candidates had been fielded in any constituency and, while examining the nomination papers, only one nomination paper has been found due and the other nomination papers have
not been found due or the nominated candidates have not reached the qualification, or
(c) If the name of only one candidate remains in the final name list of candidates after removing from that list the names of the candidates having withdrawn their names.
(2) The candidate shall be declared unopposed in the case as referred to in clause (a) or (b) of Sub-rule (1), after the publication of the name list of candidates pursuant to Rule 13, and in the case as referred to in clause (c) of
the Rub-rule, after the publication of the final name list of candidates pursuant to Rule 15.
(3) Where a candidate elected unopposed pursuant to Sub-rule (2), the Returning Officer shall make a declaration thereof in the format as referred to in Schedule-13 and give information thereof to the Commission immediately.

18. To give an Identity Card to the Candidate:

The Returning Officer shall give an identity card in the format as referred to in Schedule -19 to each candidate included in the final list of candidates published pursuant to Rule 15.

Chapter – 4  Election Symbol

Chapter – 4  Election Symbol

19. Election Symbol:

(1) While distributing the Election Symbol to any political  party or a person who becomes a candidate on behalf of the party in the  election held under the First Past The Post Electoral System under the Proportional Electoral System pursuant to Sub-section (6) of Section 31 of the Ordinance by the Commission, the Commission shall, after the finalization of the election symbol, provide the same Election Symbol, for the purpose of the election, to the political party that has been already distributed to the party represented in the Constituent Assembly from the election of the Constituent Assembly in 2064 B.S. and to those parties that has been registered with the
Commission after splitting from such political party which are remained registered at the time of the commencement of the Ordinance.
(2) While distributing the Election Symbol after fixing it for the election to be held under the First Past The Post Electoral System and under the Proportional Electoral system to any political party other than any political party set forth in Sub-rule (1) or a candidate who becomes a candidate on behalf of that political party, the Commission shall provide such Election Symbol in order of priority as that political party has requested in the application made by it to the Commission of the registration for the purposes of the election, in such a manner that there is no disagreement with any other political party.
(3) While distributing the Election Symbol pursuant to Sub-rule (2) if more than one political party demands for the same or similar Election Symbol, the Commission shall distribute the Election Symbol as per the understanding after
holding discussion among these political parties.
(4) Notwithstanding anything contained in Sub-rule (2), where no understanding is reached upon the discussion pursuant to Sub-rule (3), the election symbol shall be determined in a manner to accord priority to the
political party which make application first based on the application by such political party to the Commission for the registration of the party and provided to that political party.
(5) No independent candidate other than the candidate of a political party registered with the Commission for the purpose of election shall make a request  to use the Election Symbol as referred to in this Rule in more than one election constituency.
(6) The Returning Officer shall provide the election symbol obtained from the Commission by a political party registered with the Commission for the purpose of the election to be held under the First Past The Post Electoral System to the candidate of the political party.
(7) In providing the election symbol in pursuant to Sub-rule (6) the Returning Officer shall execute a recognizance deed to that effect.
(8) The Returning Officer shall publish a notice on the provided election symbols pursuant to Sub-rule (6) in the format as referred to in Schedule-15 in his or her office and send a copy of the notice to the Commission immediately.
(9) A notice on election symbols provided by the Commission to the political parties pursuant to this Rule shall be published in the format as referred to in Schedule-16.
(10) A political party shall remain entitled to an election symbol once provided to that party unless and until the registration of that party remain valid.
(11) For the election to be held under the First Past The Post Electoral System and the election to be held under the Proportional Electoral System, the Election Commission shall, pursuant to the Rule, fix election symbols which can be used by the independent candidate and political parties and publish the election symbols in the Nepal Gazette.

20. Distribution of Election Symbol to Independent Candidate:

(1) Each  independent candidate shall be asked to choose one Election Symbol, according to an alphabetical letter of his or her name from the group of election symbols specified by the Commission for independent candidate pursuant to Sub-section
(7) of Section 31 of the Ordinance.
(2) While asking to choose Election Symbol pursuant to Sub-rule (1), if more than one candidate chooses the same election symbol, the Returning Officer shall hold discussion among these candidates and distribute the Election
Symbol as per the understanding reached consequent upon such discussion.

(3) Notwithstanding anything contained in Sub-rule (1), where no understanding is reached upon the discussion pursuant to Sub-rule (2), the election symbol shall be determined in a manner to accord priority to the candidate who makes application first based on the registration of the nomination paper filed by such candidate with the Returning Officer and provided to that candidate accordingly.
(4) In distributing Election Symbol by asking independent candidates to choose election symbols pursuant to this Rule, Election Symbol shall be distributed in presence of candidates or their representatives. Provided that, the absence of any candidate or his or her representative at the time of distribution of Election Symbol shall not be deemed obstacle to distribute the election symbols pursuant to this Rule.
(5) In providing the Election Symbol to independent candidates pursuant to this  Rule, the Returning Officer shall execute a recognizance deed to that effect.
(6) The Returning Officer shall publish a notice on the provision of election symbols pursuant to Sub-rule (1) or (2), in the format as referred to in Schedule 17, in his or her office and send a copy of the notice to the Commission
immediately.
21. Publication of Election Symbol: The Commission shall make arrangement for making public the election symbols provided to the political parties pursuant to this Rule.

Chapter -5 Polling Station, Ballot Paper and Ballot Box

Chapter -5  Polling Station, Ballot Paper and Ballot Box
22. Specification of Polling Stations:

(1) The Commission may specify Polling  Stations as required in number in the election constituency.
(2) The Returning Officer shall publish in his or her office a list of Polling Stations specified pursuant to Sub-rule (1) in the format as referred to in Schedule – 18.

(3) In publishing a list of Polling Stations pursuant to Sub-rule (2), it shall also clearly indicate the Polling Station where the voters of which village or tole can cast their votes.
(4) In specifying Polling Station pursuant to Sub-rule (1), they shall, as far as possible, be so specified in such a public place that is convenient to the voters.
(5) Where another separate Polling Station has to be specified because the number of voters who vote at any Polling Station is more than the number  specified by the Commission or due to the occurrence of any other special
circumstance the Returning Officer may with the approval of the Commission, specify a separate Polling Station for such overrunning voters or due to such special circumstances.
(6) Other grounds to be followed while specifying Polling Station from the point of view of security and convenience shall be as determined by the Commission.

23. Specification of the Zone of Polling Station:

The Polling Officer shall declare a Polling Station zone with an area of maximum 100 meters around the Polling
Station where the Polling Station has been set up by setting out the boundaries thereof and such notice shall be published in a manner to be visible to all. No canvassing of any kind can be made in favor of or against any candidate within such area or zone until the polling gets completed.

24. May Prohibit To Entry into Polling Station:

(1) The Polling Officer shall make arrangement for the entry of the voters in order to avoid crowding or
undesirable assembly or event at the Polling Station.
(2) While giving permission to any person to enter into the Polling Station pursuant to Clause (d) of Sub-section (1) of Section 44 of the Ordinance, he or she shall give such permission only after ascertaining whether that person is an
essential person for voting.

25. Ballot Paper:

(1) Ballot papers for the election to be held under the First Past The Post Electoral System shall be in light blue color and those for the election to be held under the Proportional Electoral System shall be in light red color.

(2) The Election Symbol of the candidate on the ballot paper to be used For the Past The Post Electoral System and the Election Symbol of the political party on the ballot paper to be used for the Proportional Electoral shall be printed.
(3) Serial numbers shall be printed in the counterfoil of each ballot paper.
(4) Only those ballot papers of the serial number fixed by the Commission shall be used at each Polling Station. While holding re- polling, the Returning Officer shall, with the approval of the Commission, fix the ballot papers of another serial number and provide the same to be Polling Officer.
(5) Other provisions relating to ballot papers shall be as specified by the Commission.

26. If Ballot Box Damaged or Destroyed:

If any ballot box is damaged or  destroyed. The Polling Officer shall have to execute a recognizance deed
(Muchulka) to that effect and put his or her signature on the deed and also cause the representations of political parties and candidates or their election or polling  agents present in the Polling Station to put their signatures thereon. If they do not sign the deed, the Polling Officer shall set down that matter and get any other two persons present at the Polling Station to sign it and give information  thereby to the Returning Officer.

27. To Open Sealed Packet of Ballot Paper:

The Polling Officer shall execute a recognizance deed of the opening of the sealed packet of the ballot paper to be
signed by him or her and the political parties and candidates or their agents present at the Polling Station prior to the commencement of polling on the day of polling. If they don’t sign the deed, the Polling Officer shall set down that
matter and get any other two persons present at the Polling Station to sign it.

28. Procedures for Examining and Closing Ballot Box:

(1) The Polling Officer shall, prior to the commencement of polling, open and show ballot boxes to the political parties or candidates or their agents and examine whether the ballot boxes are in order and empty.
(2) After examining the ballot boxes pursuant to Sub-rule (1), the Polling Officer shall close in their presence the mouth of the ballot boxes with the lids in a manner that only the slits of the ballot boxes for dropping the ballot paper   are open. Every ballot box shall be closed with the security seal and the Polling Officer shall execute a recognizance deed to be signed by the political parties and candidates or their agents present at the Polling Station. If they do not sign the deed, the Polling Officer shall set down that matter and get any other two persons present at the Polling Station to sign it.

29. Procedures for Providing Ballot Paper:

(1) The Polling Officer or the employee deputed by the Polling Officer shall verify the details of a voter after entering into the Polling Station to cast vote with the electoral roll, asking him or her, his or her name, surname, address and age, as well. In the course of such verification, the Polling Officer may require the concerned voter to produce any
kind of document, instrument or identity card setting out the identify of that voter specified by the Commission.
(2) While making verification pursuant to Sub-rule (1), even if it appears a minor error owing to the writing or printing in the details of any voter in the electoral roll, the Polling Officer shall allow such voter to cast a vote if he or
she is satisfied that such voter is the same person mentioned in the electoral roll.
(3) The Polling Officer or the employee deputed by him or her shall indicate a  mark with indelible ink in the joint of nail and flesh on the thumb of the left hand of the voter prior to providing a ballot paper to the voter for voting. The
mark shall be indicated in the joint of nail and flesh of other finger respectively, if the voter does not have the thumb on the left hand and, in the finger of the right hand likewise, if there is no any other finger on the left hand. If the voter does not have any finger on the both hands, provision shall be made for voting through any person whom he or she chooses by mentioning such particulars.
(4) After indicating the mark pursuant to Sub-rule (3), following making a signature of the voter on the counterfoil and marking sign on it, the ballot paper  to be used under the First Past The Post Electoral System shall be provided to the voter at first. Provided that, no sign, symbol or content, except the tick mark shall be indicated or written on the electoral roll.

(5) After the ballot paper to be used for the First Past The Post Electoral System is dropped into the ballot box pursuant to Sub-rule (4), the Polling Officer or the employee deputed by him or her shall give such voter the ballot paper to be used under the Proportional Electoral System before such voter comes out of the Polling Station.

30. Method for Casting Vote:

(1) A voter who has received a ballot paper shall proceed to the secret voting compartment to indicate vote and he or she shall indicate his or her vote by indicating vote seal in the box containing the symbol of the political party or candidates whom he or she chooses as set forth in rule 31 and then shall fold the ballot paper and drop it into the ballot box.
(2) Only one voter shall be allowed to enter into the secret voting compartment for voting at a time.
(3) If the Polling Officer thinks that any voter has stayed in the secret voting compartment for more time than is required to impress the indication of vote seal and fold the ballot paper, he or she may inspect the secret compartment and cause the voter staying there to go out.
(4) Where any voter after having received a ballot paper determines not to cast votes, the voter shall return the ballot paper to the Polling Officer.

31. To Impress Seal in Ballot Paper:

(1) A voter shall indicate the vote by impressing the Swastika mark in the box on the ballot paper assigned for any
one candidate whom he or she chooses, while casting vote for the election to be held under the First Past The Post Electoral System, and in the box set aside for any one political party whom he or she chooses, while casting vote for the election to be held under the Proportional Electoral System.
(2) While indication vote pursuant to Sub-rule (1), a voter shall go to the secret compartment specified for indicating the vote so that nobody can see voting and indicate his or her vote by impressing the Swastika mark.
(3) After indicating the vote pursuant to Sub-rule (2), a voter shall so fold the ballot paper that the indication of the pressed vote mark cannot be seen and drop it into the ballot box.

32. Complaint Against a Person Voting by Impersonation:

(1) Where any person appears to receive a ballot paper to vote by impersonating any other voter, any political party or candidate or his or her representative may make an objection by making an application in the format as referred to in Schedule 19, accompanied by the deposit of fifty rupees, to the Polling Officer.
(2) Where an objection is made pursuant to Sub-rule (1), the Polling Officer shall make a decision thereon by procuring necessary evidence and shall immediately mention such objection and decision thereon in the decision book.
(3) While making such decision pursuant to Sub-rule (2), if the objection found correct, the sum of the deposit shall be returned by the Polling Officer to the concerned person. If the objection found incorrect, the sum of the deposit shall be forfeited.

33. Use of Electronic Device:

(1) Notwithstanding anything contained elsewhere in this Rule, the Commission may provide for the use of any electronic device in any election constituency or all election constituencies or any election for the purposes of casting the vote.
(2) In casting vote in the election or election constituency where the Commission has provided for the use of any electronic device pursuant to Sub- rule (1), the voter shall use such electronic device for the purposes of casting a
vote.
(3) The procedures for using such electronic device shall be as determined by the Commission.

34. To Close the Slit of Ballot Box for Inserting Ballot Paper with Security
Seal:

After the completion of the act of polling at the Polling Station, the Polling Officer shall close the slit for inserting into the ballot paper with the security seal in accordance with the procedures prescribed by the Commission
for closing the ballot box and execute recognizance deed to be signed by the political parties or candidates or their representatives present at the Polling Station and if they do not sign the deed, the Polling Officer shall set down that
matter in the deed and get any other two persons present at the Polling Station to sign it.

35. To Prepare Inventory of Ballot Paper:

Upon the completion of the act of polling, the Polling Officer shall prepare inventories of ballot papers in the
format as specified by the Commission.

36. To Keep Safely the Remaining Ballot Papers and Documents:

Upon the completion of the act of polling, the Polling Officer shall put the following ballot papers remaining after being used in voting and documents used in polling in separate envelopes sealed wish wax-seal, with indicating the type and number of ballot papers contained therein and execute a recognizance deed to be signed by himself or herself and candidates or their representatives present at the Polling Station, if they so desire, and if they do not sign the deed, the Polling Officer shall set down that matter in the deed and get any other two persons present at the Polling Station to sign it:
a. Ballot papers not used,
b. Ballot papers that canceled,
c. Ballot papers lying outside ballot boxes,
d. Ballot papers returned by voters to the Polling Officer after
deciding not to cast vote.
e. Such other documents required by the direction of the Commission
or the Returning Officer to be put in sealed envelopes.

37. To Handover Ballot Boxes and Documents to the Returning Officer:

(1) The Polling Officer shall safely take and immediately hand over all election materials, including the ballot boxes bearing the security seal put in accordance with Rule 34, the sealed envelopes containing the ballot papers and documents as referred to in Rule 36 as well as other documents to the Returning Officer.
(2) Upon receipt of ballot boxes and documents pursuant to Sub-rule (1), the  Returning Officer shall give a receipt thereof to the Polling Officer.

38. To Postpone Polling in Special Circumstance:

(1) Where the Polling Officer appointed to a Polling Station or the Returning Officer of that election constituency is satisfied that the act of polling cannot be conducted owing to any commotion as well as other extra ordinary situation at the Polling Station or failure of operation of electronic device owing to any reason or owing to any  riot or natural calamity or any act behind control as referred to in Sub section 20
(1) of Section 40 of the Ordinance, and the polling at the Polling Station has to be postponed, the Polling Officer or the Returning Officer shall execute a recognizance deed indicating the reason for such postponement of polling, to be
signed by himself or herself and candidates or their representatives present at the Polling Station, and if they do not sign the deed, the Polling Officer shall set down that matter in the deed and get any other two persons present at the
Polling Station to sign it.
(2) After executing the recognizance deed on the postponement of polling pursuant to Sub-rule (1), the Polling Officer or Returning Officer shall publish a notice on the postponement of polling also clearly indicating the reason for the postponement of the polling.

Chapter – 6  Vote Counting and Election Results

Chapter – 6  Vote Counting and Election Results
39. Publication of Notice of Commencement of Counting of Votes:

(1) After all ballot boxes used for polling at the Polling Stations of the election constituency have been received from the Polling Officer, the Returning Officer shall publish in his or her office a notice in the format as referred to in Schedule
-19 for information to political parties and candidates, setting out the date, time  and place for counting votes.
(2) The notice referred to in Sub-rule (1) shall also state that any political parties or candidates may if they so wish, appoint and send their vote counting agents in the place for counting of votes.

40. To Commence Counting of Votes at Specified Time:

(1) The Returning Officer shall commence the counting of votes at the place, date and time specified in the notice published pursuant to Sub-rule (1) of Rule 39 in the presence of political parties and candidates or their vote counting agents. Provided that, the absence of political party or candidate or their representative shall not be deemed to bar the act of counting of votes.
(2) The Returning Officer shall execute a recognizance deed on the  commencement of counting of votes.

(3) The Returning Officer shall give information on the commencement of counting of votes to the Commission.

41. Examination of Ballot Boxes:

(1) After executing the recognizance deed on the commencement of counting of votes, the Returning Officer shall scrutinize the ballot boxes containing the ballot papers in the presence of the political parties or candidates or their election agents or vote counting agents present thereat as follows:
(a) Whether the ballot box of each Polling Station has been opened or broken or not.
(b) Whether the name of the Polling Station, code number and serial number of the ballot box has been mentioned on the ballot box or not.
(c) Whether the security seal affixed at the closing point of the ballot box is in order or not.
(2) The Returning Officer shall execute a recognizance deed on the examination of ballot boxes pursuant to Sub-rule (1).
(3) Where there appears any disorder or deficiency in examining the ballot boxes pursuant to Sub-rule (1), the Returning Officer shall execute a recognizance deed setting out that matter, to be signed by the political parties, candidates or their representatives present thereat. After the execution of such deed, such ballot boxes shall be kept in a safe place and the counting of ballot papers contained in the other ballot boxes shall commence. After the completion of such vote counting, counting of votes shall commence after making an understanding in relation to the ballot boxes in which such disorder or deficiency has been noticed. In the event of failure to reach understanding, information shall be given to the Commission and it shall be done as per the prevailing law.

42. Counting of Votes:

(1) The Returning Officer shall, as far as possible, commence the counting of votes under both electoral systems at the same time at the place, date and time set forth in the notice as referred to in Rule 39.
(2) Where it is not possible to so count votes at the same time pursuant to Sub- rule (1), the votes secured by candidates in the election held under the First Past  The Post Electoral System shall be counted first, and only after the completion of the counting of such votes, the votes secured by political parties in the election held under the Proportional Electoral System shall be counted.

43. Counting of Votes under the First Past The Post Electoral System:

(1) After the deed on examination of the ballot box has been executed pursuant to Rule 41, the security seal affixed on the ballot boxes used for the purpose of the election held under the First Past The Post Electoral System shall be broken  and the lid of the ballot box opened. All ballot papers contained in the ballot box shall be poured out in the place of counting of votes. While so pouring ballot papers, the ballot papers of more than one Polling Station shall be mixed in the same place and votes counted accordingly. Provided that, prior to mixing the ballot papers of more than one Polling Station in the same place and starting counting of votes, the ballot papers of each Polling Station shall be counted in accordance with the provisions of the  directives which approved by the Commission and the counting shall be verified with the total number of votes cast at that Polling Station and details thereof shall be recorded separately and retained sally.
(2) After completion of the counting of votes of all Polling Station in any constituency under the First Past The Post Electoral System, the Returning Officer shall execute a recognizance deed on the completion of counting of
votes and prepare a vote counting chart in the format as specified by the guidelines approved by the Commission.
(3) After the preparation of the vote counting chart pursuant to Sub-rule (2), if two or more than two candidates secure an equal number of total valid votes, the Returning Officer shall make a decision by lot to be drawn between those candidates who have secured the highest number of valid votes.
(4) After having prepared the vote counting chart pursuant to Sub-rule (2), the Returning Officer shall, on the basis of that chart, prepare the election result in a format as referred to in Schedule -21 and declare the election result by
publishing a copy the election result.
(5) The Returning Officer shall send one copy of the election result pursuant to Sub-rule (4) to the Commission immediately.
(6) While declaring the election result pursuant to Sub-rule (4), the Returning Officer shall declare the candidate who secures the highest number of valid votes as elected.
(7) After the declaration of the election result, the Returning Officer shall give a certificate as referred to in Schedule -21.
(8) After the publication of the election result, the Returning Officer shall  prepare an election report in a format as specified by the guidelines approved by the Commission.

44. Counting of Vote under the Proportional Electoral System:

(1) After the deed on the examination of ballot boxes has been executed pursuant to Sub-rule  41, the security seal affixed on the ballot boxes used for the purpose of the election held under the proportional electoral system shall be broken and the lid of the ballot boxes opened. All ballot papers contained in those ballot boxes shall be poured out in the place of counting votes. While so pouring ballot papers, the ballot papers of more than one Polling Station shall be mixed in the same place and the votes shall be counted. Provided that, prior to mixing the ballot papers of more than one Polling Station in the same place and starting counting of votes, the ballot papers of each Polling Station shall be counted in accordance with the provisions set forth in the guidelines approved by the Commission and the counting shall be verified with the total number of votes cast at that Polling Station, and details  thereof shall be recorded separately and kept safely.
(2) While counting ballot papers pursuant to Sub-rule (1), setting aside the invalid ballot papers, the valid ballot papers shall be separated according to the symbols of political parties. After separating and making it bundle in such a way, a deed shall be executed mentioning the total numbers of cast votes of the  each Polling Station

(3) While counting votes, the Returning Officer or the employee deputed by  him or her shall show valid or invalid ballot papers to the election representative of the political parties or their vote counting agents. Provided that, they shall not be allowed to touch or correct ballot papers.
(4) Among the ballot papers set aside pursuant to Sub-rule (2), the invalid ballot papers shall be counted at first. Thereafter, the valid votes secured by the political parties shall be counted.
(5) Among the ballot papers counted, the Returning Officer shall seal the valid or invalid ballot papers in different envelopes with the own sealing wax and of the elected representatives of political parties or their agents.
(6) After completion of counting of votes of the election held under the Proportional Electoral System, the Returning Officer shall execute a recognizance deed on the completion of counting of votes, and shall sign on
that deed and also cause to be signed by the election representatives or vote counting agents of political parties, present at the place for counting of votes, in  the deed.
(7) Upon the execution of the deed as referred to in Sub- rule (6), the Returning Officer shall mention the total number of valid votes secured by each political party in the chart as specified by guidelines approved by the Commission and also cause to be signed by the election representatives or vote counting agents of political parties.
(8) If the election representatives or vote counting agents of political parties do   not sign on the deed or chart to be executed or prepared pursuant to this Rule, the Returning Officer shall mention that matter in the deed and cause to be signed by other two persons present at the place for counting of votes.
(9) The Returning Officer shall send one copy of the vote counting chart as  referred to in Sub- rule (7) to the Commission immediately.

45. Declaration of Results of Proportional Election:

(1) After the vote counting  charts have been received from the all Returning Officer pursuant to Sub- rule  25
(9) of Rule 44, the Commission shall prepare the chart of total valid votes secured by the political party, in the format as referred to in Schedule 23.
(2) The Commission shall declare the candidates as elected, among those candidates whose names are included in the close list of the candidates submitted to the Commission pursuant to Sub-Sections (3) of Section 7 of the
Ordinance with the decision of the central executive committee of the concerned political party for the proportional representation under the Sub Section, in proportion to the votes secured by that party under the
Proportional Electoral System. While declaring in such a manner, the  Commission shall declare the candidates as elected under the provision of the Section 7 of the Ordinance.
(3) Where it appears that any political party has not selected the candidates pursuant to Section 7 of the Ordinance, among the candidates enlisted in the closed list of candidates submitted by the party to the Commission in proportion to the votes secured by that party under the Proportional Electoral System as mentioned in Sub-rule (2), the Commission shall give a period of three days to the political party to make corrections accordingly. Where the concerned political party fails to make corrections accordingly and does not submit an amended list of candidates, the Commission shall declare elected the candidates of the concerned political party to the percentage of seats proportionately from the received lists of candidates in a manner to have proportional representation
of the group pursuant to Sub-Section (3) of Section 7 of the Ordinance. The other procedure for the examination whether candidates have been selected  proportionately or not shall be as determined by the Commission.
(4) The number of seats to be secured by a political party in proportion to the total number of valid votes secured by that political party in the election held under the Proportional Electoral System shall be determined by using result
division method as referred to in the Ordinance.
(5) While making allocation of the number of seats pursuant to this Rule, the quotient of more than one political party is equal in relation to any seat, it shall be decided by lot as to which of the political party is to secure that seat.
(6) After the declaration of election results, the Commission shall give a certificate as referred to in Schedule 24 to the elected candidate.
(7) The other procedure for the allocation of the number of seats in proportion to the votes secured by political parties in the election under the Proportional  Electoral System shall be as determined by the Commission.