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12. Duty of a Guardian and Doctor

12. Duty of a Guardian and Doctor: The guardian of a disabled person or the doctor making his medical check up, in the situation of realization of a person’s disabled condition or the situation to be disabled, shall have duty to inform the nearest hospital or the place prescribed by the Government of Nepal, as soon as possible. Such hospital or doctor shall have duty to make medical treatment of such person on priority basis and in the case of not possibility of treatment there, to send with recommendation to the place where medical treatment is possible.

15. Additional Arrangement Relating to the Leper Disabled Person

15. Additional Arrangement Relating to the Leper Disabled Person: No one shall hate a leper disabled person be deeming him as untouchable or on such ground. In the case of hating in any way or libeling and slandering by hurting the feeling of such diseased person on such ground, such person or other person responsible for such act can be punished as prescribed in this Act

16. Additional Arrangement for a Disabled Person with Mental Disorder

16. Additional Arrangement for a Disabled Person with Mental Disorder: (1) Arrangement of treatment of a disabled person with mental disorder may by made by keeping him in a hospital or care centre.
(2) Notwithstanding anything written in the prevailing law, any person with mental disorder other than one being taken action or convicted of criminal offence under the prevails law, shall not be kept in the jail except for the purpose of his treatment or safety purpose.

17. Offence Relating to Disabled Person and Punishment

17. Offence Relating to Disabled Person and Punishment:

(1) No one shall knowingly make transaction or prepare a document on behalf of a disabled person by causing his harm.
(2) No one shall make disabled anyone or make effort to make disabled either or not obtaining his consent with an objective of using him in begging or committing an immoral act or such other act.
(3) No one shall use any disabled person in begging or committing an immoral act or such other act.
(4) Any disabled person shall not be allowed to make livelihood by an immoral occupation or profession.
(5) A person committing any act restricted by this Act or making effort to do so or ordering to do so or helping to do so, shall be punished with an imprisonment for one year in the maximum or fine Rs. five
thousand or both on condition to be added the punishment to be imposed by the prevailing law if any and to be carried on under this very Act in case of not being such provision.
(6) In addition to the punishment under subsection (5), in the case of creation of disabled situation of a sound person resulted by any act restricted in this Act or not doing any other function supposed to be
done, appropriate compensation shall be made to be paid for medical treatment of such person and for his ordinary livelihood also in the future in the situation of his being unable to make livelihood by giving due consideration to the matter.

18. Administrative Arrangement Relating to Disabled Person

18. Administrative Arrangement Relating to Disabled Person:

(1) The Government of Nepal shall make arrangement relating to disability
through the Ministry of Labour and Social Welfare (hereinafter refereed
as “Ministry”).
(2) For the purpose of subsection (1), the Government of Nepal
may appoint Social Welfare Officer in the District realized as necessary
or the Government of Nepal may specify any Officer for that purpose.
(3) The Ministry shall register the name of the disabled persons
throughout the country and shall maintain record as per their nature. The
Ministry may publish by collecting the statistics in this regard in each
five year.
(4) The Ministry shall make coordination in the program of the
agencies relating to the disabled persons.
(5) The Ministry may make or cause to be made research of
different technologies in regard to provide more facilities to the disabled
persons and make them self-reliant.

20. Planning of the Policy and Program Relating to Disabled Person

20. Planning of the Policy and Program Relating to Disabled Person:

(1) The Government of Nepal, for the purpose of making arrangement of welfare, medical treatment and facilities and privileges of the disabled persons under this Act and making other arrangements also as found necessary, shall prepare planning of necessary policy and program by making consultation with the Social Service National
Coordination Council. The Government of Nepal, for the purpose of such planning, may obtain opinion of other agencies and social organizations also. The social organizations and associations shall be encouraged to implement such plan.
(2) The concerned agency of the Government of Nepal shall have responsibility to implement and cause to be implemented the plan prepared under subsection (1) and the Ministry shall be responsible to supervise the same

21. Relation with the Helpless Service Coordination Committee

21. Relation with the Helpless Service Coordination Committee:
(1) The Ministry, while implementing the plan relating to the disabled person under Section 20, shall work by making close contact with the Helpless Service Coordination Committee.
(2) The Ministry, having contacted with the Helpless Service Coordination Committee if deems appropriate, may hand over some functions out of those as per the plan, to be implemented through the local bodies or social welfare organization or the organizations established in regard to the welfare of the disabled persons.
(3) The Ministry shall make necessary arrangement and effort so as to coordinate and collect the national or international resources needed or available for the function relating to the disabled persons. The Ministry shall make available the cash or goods or service obtained from  such resources to the Helpless Service Coordination Committee or the concerned organization or Office as per necessity

23. The Government of Nepal may Issue Order or Direction

23. The Government of Nepal may Issue Order or Direction: The  Government of Nepal, for the purpose of making arrangement of protection and welfare of disabled persons under this Act, may issue any order or direction to the Social Welfare Officer or other staff or any office or organization and all the concerned shall have duty to abide by
such order or direction.

28. Pension and gratuity

28. Pension and gratuity:

(1) If a Judge of Court of Appeal has completed a service period of Twelve years in that office or a Judge of District Court has completed a service period of Twenty years in that office, he or she shall be entitled to a monthly pension of Fifty percent amount of his or her monthly remuneration. Provided that, if a person who is appointed from the service of Government of Nepal to the office of Judge and retires from the service and he or she has completed the service period of Twenty years or more upon computing the period of his or her such previous service and the period of service in the office of Judge, he or she shall, upon his or her retirement, be
entitled to choose any one out of the monthly pension as mentioned above or the monthly pension to be set as follows:

                             Total year of service X monthly remuneration
50

(2) A Judge who retires before completing the service period entitling to pension pursuant to Sub-section (1) shall be entitled to a lump sum gratuity in an amount equal to the figure to be set by multiplying the total years of his or her service with the figure of One’s remuneration being drawn by him or her.

(3) A Judge who has served in the office of Judge of Court of Appeal serves for more than Twelve years shall be entitled to an additional pension to be set by 0.5 percent of the monthly remuneration drawn by him or her for each of such service, in addition to the monthly pension receivable pursuant to Sub-section (1).

(4) The period of service performed in the office of judge of a regional court prior to the constitution of Court of Appeal shall also be considered as the period of service performed in the office of a Judge of Court of Appeal for the purposes of pension or gratuity as referred to in Sub-sections (1) and (2).

(5) When the remuneration of the Judge is increased, the figure of pension being drawn by the Judge who is receiving pension shall also be increased by Sixty-six percent of the percent of increase in the figure of remuneration.

(6) If a person who is receiving pension for having served in the office of judge of a regional court or in the service of the Government of Nepal is appointed to the office of Judge and is also eligible to pension pursuant to this Act, he or she may choose any one out of the pension being received by him or her previously and the pension receivable pursuant to this Act.

(7) Notwithstanding anything contained in the foregoing Subsections, a Judge who is removed from office for the reason of misconduct failure to perform duties of his or her office honestly shall not be eligible to receive pension or gratuity pursuant to this Act.

29. Family pension and gratuity

29. Family pension and gratuity:

(1) The pension as referred to in Section 28 shall, in the following circumstance and for up to the following period, be provided to such person out of his or her family members as has been  nominated by a Judge and to the nearest heir out of his or her family members if the person so nominated has died or failing such nomination by the Judge:

(a) If the Judge dies while in service, up to Seven years after the death,
(b) If he or she dies prior to expiration of Seven years after starting to receive pension, up to the period that remains to complete Seven years.

(2) If a Judge dies while in service and is entitled to gratuity but not to pension pursuant, the person as referred to in Sub-section (1), out of his or her family members, shall be entitled to the amount of that gratuity.
(3) After the expiration of the period entitling to the family pension as referred to in Sub-section (1), the widow or widower of the deceased Judge shall be entitled to half the amount of such pension during his or her life.

Provided that, a person who is receiving pension shall not be entitled to double pension.

30. Disability allowance

30. Disability allowance:

(1) If a Judge is injured seriously or wounded in an accident in the course of performing his or her duties and has become incompetent to perform the functions of his or her office, such a Judge shall be entitled to the disability allowance as referred to in Sub-section (3), in addition to the pension set forth in Sub-section (2) during his or her life.

(2) If a Judge who has become incompetent pursuant to Subsection (1) has completed the period of service entitling to pension pursuant to Section 28, he or she shall be entitled to pension accordingly, and if such  a Judge has not completed such period of service, he or she shall be entitled to such remaining amount of pension as set by deducting the amount of pension on pro rata for the period that remains to complete that period. Provided that, in so making deduction, deduction shall not be made in excess of one part of the three parts of the minimum pension to which he or she may be entitled if the pensionable period of service is completed by him or her.

(3) The Judge who has become incompetent pursuant to Subsection (1) may be provided with a lump sum of Ten Thousand Rupees as a financial assistance taking into account of the circumstance.

(4) Such a Judge shall be entitled to the cent percent of the medical expenses incurred in the treatment of wound or injury sustained pursuant to Sub-section (1).

(5) The amount of the monthly disability allowance, in addition to the pension, receivable for disability pursuant to Sub-section (2), shall be as follows for the following disability:

Percentage of disability                                                                      Allowance percentage
100                                                                                                          Rs. 125.00
90                                                                                                            Rs. 112.50
80                                                                                                            Rs. 100.00
70                                                                                                             Rs. 87.50
60                                                                                                             Rs. 75.00                                                                                                                                                                          50                                                                                                              Rs. 62.50
40                                                                                                              Rs. 50.00
30                                                                                                              Rs. 37.50
20                                                                                                              Rs. 25.00

Explanation:

(a) Disability that is less than Twenty percent shall not be deemed to be disability.

(b) A Judge who has started getting the disability allowance becomes competent to assume his or her functions, he or she shall not be entitled to the disability allowance as referred to in this Section.

(6) If a Judge who is getting the disability allowance dies within Seven years after the date when he or she has started getting it, the amount  of disability allowance receivable by him or her for the period that remains to complete that Seven years shall be given as gratuity in lump sum to the person specified in Sub-section (1) of Section 29.

32. Extra-ordinary family pension and gratuity

32. Extra-ordinary family pension and gratuity:

(1) If a Judge dies immediately in an accident in the course of performance of the duties of his or her office or dies subsequently as a result thereof prior to recovery, the widow wife or widower husband of such a Judge shall be provided with a separate life-long monthly family allowance as follows and also the following occasional gratuity in addition there to:

Monthly rate of family allowance             Occasional gratuity
(a) Judge of Court of Appeal       Rs. 250.00                                                      Rs. 8,750.00
(b) Judge of District Court           Rs. 195.00                                                      Rs. 6,500.00

(2) The widow or widower of a Judge shall be recognized only on the following conditions:

(a) Marital relationship should have already been maintained prior to the death of the Judge.

(b) He or she should be living jointly with the Judge at the time of his or her death.

(3) The occasional gratuity as prescribed in Sub-section (1) may be given proportionately in lump sum to the offspring 38 born from the widow wife in cases where there is no widow or she had separated from him before the death of husband or the widow wife has remarried.
Provided that, if the offspring 39 is below Sixteen years of age, the Government of Nepal may also give an additional family allowance at such rate as deemed appropriate on pro rate basis, not exceeding Two-thirds of the family allowance receivable by the widow for their subsistence for such a person as the Government of Nepal may think appropriate.

(4) In cases where there is no widow, widower or offspring 40 of the deceased Judge, both the dependent mother and father of the Judge or any one among them, whoever is there, shall be provided with such an amount as determined reasonable by the Government of Nepal but not exceeding two Thirds of the family allowance receivable by the widow as the family allowance for their subsistence, for such a period as deemed reasonable by the Government of Nepal.

(5) …………….

(6) In cases where there is no widow, offspring, 42 mother or father of the deceased Judge but there is any of dependent brothers or unmarried sisters of the Judge, they shall be provided with such an amount as determined reasonable by the Government of Nepal but not exceeding two Thirds of the family allowance receivable by the widow as the family allowance for their subsistence, for such a period as deemed reasonable by the Government of Nepal.

33. Education and offspring allowance

33. Education and offspring allowance:

(1) In cases where a Judge dies in an accident whilst performing the duties of his or her office or becomes unable to work for life due to such reason, every child of the deceased or disabled Judge shall be provided with yearly education subsistence at the rate of Nine Hundred Rupees, until such child reaches the age of 18 years.

(2) Every child (whose parents are both dead) of a Judge who has died in the course of performing the duties of his or her office shall be provided with the offspring allowance at the rate of Seventy Five Rupees per month, in addition to the education allowance as referred to in Subsection (1).

(3) The concerned offspring shall be entitled to the allowance pursuant to Sub-section (2) until he or she completes the age of 21 years or he or he joins the civil service whatever is the earlier. Provided that, in the case of an offspring who gets married prior to the completion the age of Twenty One years, such offspring shall not be provided with such offspring allowance after the date of his or her marriage.

Explanation: For the purposes of this Section, the term “offspring” means the son or daughter of the deceased or disabled Judge.

(4) If a Judge dies or becomes disabled life-long in the course of performing the duties of his or her office, the Judicial Council shall make recommendation to the Government of Nepal in relation to the allowance or gratuity receivable by him or her or his or her family or offspring.

33A. Salary receivable in case of suspension

33A. Salary receivable in case of suspension:

If a Judge of Court of Appeal or District Court is suspended upon institution of a case by the Judicial Council, he or she shall be entitled to only half of his or her salary. Provided that, if he or she is acquitted upon the accusation made against him or her being not proved, he or she shall be entitled to the remaining salary if half salary has been provided to him or her during the period of suspension and to the full salary if he or she has not received the salary. If he or she is convicted, he or she shall not be entitled to the remaining salary after the date of suspension.

34A. Power to make increase in or addition to remuneration:

34A. Power to make increase in or addition to remuneration:

Government of Nepal may, while making increase in or addition to remuneration, facilities and privileges of the other public servants from time to time, also make increase in or addition to the remuneration, facilities and privileges to which the Judge is entitled pursuant to this Act, by publishing a Notification in the Nepal Gazette.

34B. Oath

34B. Oath:

Prior to assuming the duties of their office, the Chief Judge of Court of Appeal shall take an oath of office and secrecy before the Chief Justice,
and the other Judges of Court of Appeal and Judge of District Court shall take such an oath before the Chief Judge of Court of Appeal concerned, in the form as set forth in the Schedule.

35. Effect of inoperativeness of Remuneration, Facilities and Conditions of Service of Judges of Court of Appeal and District Courts Ordinance, 2048 (1991)

35. Effect of inoperativeness of Remuneration, Facilities and Conditions of Service of Judges of Court of Appeal and District Courts Ordinance, 2048 (1991):

With the Remuneration, Facilities and Other Conditions of Service of Judges of Court of Appeal and District Courts Ordinance, 2048 (1991) being inoperative, unless a different intention appears, the inoperativeness shall not:
(a) revive anything not in force or existing at the time at which the Ordinance became inoperative;
(b) affect the matter in operation as per the Ordinance or anything duly done or any punishment suffered there under;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the Ordinance;
(d) affect any penalty, punishment or forfeiture incurred under the Ordinance;
(e) affect any action or remedy made or taken in respect of any such right, privilege, obligation, liability, penalty or punishment as aforesaid; and any such legal proceeding or remedy may be instituted, continued or enforced as if the Ordinance were in force.

Schedule

Schedule
(Relating to Section 34B.)
Oath
I………………….solemnly affirm/swear in the name of God that I shall bear true faith and allegiance to the people of Nepal, prevailing Constitution and other laws,
and that I shall honestly the duties of the office of……. Upon which I am about to enter, without fear or favor, affection or ill-will, in such a manner not to be
contrary to the fairness and dignity of judiciary, and that I shall not disclose, in any manner, any matter known to me in the course of discharging my duties
whether or not I hold the office except in the course of observing the prevailing laws.
Date: Signature:

Retirement Fund Act, 2042 (1985)

Retirement Fund Act, 2042 (1985)
Date of Authentication and Publication
2042.6.23 (9 Oct. 1985)
Amendments:
1. Income Tax Act, 2058 (2002) 2058.12.19 (1 April 2002)
2. Amending Some Nepal Acts to maintain
Gender Equality Act, 2063 (2006) 2063.7.17 (3 Nov. 2006)
3. Republic Strengthening and Some Nepal Laws
Amendment Act, 2066(2010)1 2066.10.7 (21 Jan. 2010)
Act Number 16 of the Year 2042 (1985)
An Act made to provide for the Retirement Fund
Preamble: Whereas, it is expedient to provide for the Retirement Fund for the
employees serving for companies, corporations and other bodies corporate;
Now, therefore, be it enacted by His Majesty King Birendra Bir Bikram
Shah Dev on the advice and with the consent of the Rastriya Panchayat.

Chapter-1 Preliminary

Chapter-1 Preliminary
1. Short title and commencement:

(1) This Act may be called as “Retirement Fund Act, 2042 (1985).”(2) This Act shall come into force on such date as may be appointed by the Government of Nepal, by publishing a Notification in the Nepal Gazette.
2. Definitions: Unless the subject or the context otherwise requires, in this Act:
(a) “Fund” means the Retirement Fund established under Section 3.
(b) “Employee” means any person who is in service in a company,
corporation or other body corporate established pursuant to the laws
in force.
(c) “Institution” means a company, corporation or other body corporate established pursuant to the laws in force.
(d) “Board” means the board of directors of the Fund formed under Section 6.
(e) “General manager” means the general manager of the Fund appointed pursuant to Section 11.
(f) “Bond” means a loan disbursed by the Government of Nepal under the Domestic Borrowings Act, 2059 (2002) and this term also includes a bond of a foreign government.
(g) “Debenture” means a bond of loan borrowed by a company against the security or guarantee of its assets.
(ih) “Member” means an institution deposing amounts of provident fund of its employees within the Fund.
(i) “Salary’ means only such a salary that is drawn by an employee according to the prevailing scale of the post in which he or she has alien, in consideration for the service rendered by him or her in accordance with the conditions of service.
(j) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules or Bye-laws framed under this Act.

Chapter-2 Establishment, capital and management of the Fund

Chapter-2 Establishment, capital and management of the Fund
3. Establishment of the Retirement Fund: At least three institutions may mutually establish a Retirement Fund by obtaining approval of the Government of Nepal.
4. Provisions relating to application of establishment of Retirement
Fund and approval: (1) The institutions which intend to establish a Fund pursuant to Section 3 may jointly make an application, setting out the prescribed details, to the Government of Nepal.
(2) The amount to be deducted by the institutions which make an application pursuant to Sub-section (1) for payment into the provident fund of their employees and be added thereto by them shall be at least Two
Million Rupees, and more than Six Hundred Thousand Rupees shall be annually deducted in consideration for the provident fund and be paid into the Fund annually.
(3) The Government of Nepal shall make necessary examination of an application made pursuant to Sub-section (1) and may give approval for the establishment of the Fund.
(4) A notice of the approval given to establish the Fund pursuant to Sub-section (3) shall be published in the Nepal Gazette.
5. Fund to be autonomous body corporate:

(1) The Fund shall be an autonomous and body corporate with perpetual succession.
(2) The Fund shall have a separate seal of its own.
(3) The Fund may, subject to this Act and the Rules framed under this Act, acquire, use, sell or otherwise deal with any movable and immovable property, like an individual.
(4) The Fund may sue by its name and be also sued by the same name.
6. Formation of the Board of Directors:

(1) The Fund shall have one Board of Directors to look after, direct and manage all the functions and
affairs of the Fund. The Board of Directors shall exercise all such powers and perform all such duties as the Fund may have pursuant to this Act and the rules framed under this Act.
(2) The Board of Directors shall have a maximum of Seven directors, and the directors shall be appointed by the general meeting.
(3) A person who is selected by the directors from amongst themselves shall be the chairperson of the Board of Directors.
(4) The term of office of a director shall be Four years.
(5) Notwithstanding anything contained in Sub-section (2), until the provision of election of directors by the general meeting is made, the representatives of the institutions designated by the Government of Nepal
from amongst the member institutions of the Fund shall be directors.
7. Acts not to be invalid: Even if it is subsequently discovered that any irregularity was made in the formation of the Board or that the office of any director fell vacant, any acts of the Board already done shall not be invalid
by the reason only that.
8. Meetings of the Board: (1) The meeting of the Board shall be held at such date, venue and time as specified by the secretary at the order of the chairperson.
(2) Where at least Two directors make a request in writing, the chairperson shall call a meeting of the Board within Seven days of such a request. When so calling a meeting, a time-limit of Seven days shall be given.
(3) No meeting of the Board shall be held unless it is attended by the chairperson and at least other Three directors.
(4) Meetings of the Board shall be presided over by the chairperson, or in the absence of the chairman, by a director selected by the directors from amongst themselves.
(5) The decision of a majority in the meeting of the Board shall be binding, and, in the event of a tie, the chairperson may exercise the casting vote.

(6) Other Rules of procedures of the meetings of the Board shall be as determined by the Board itself.
9. Relation between the Government of Nepal and the Fund: In making correspondences by the Fund with the Government of Nepal, such correspondences shall be made through the Ministry of Finance.
10. To be a member of the Fund: Any institution may be a member of the Fund in such a manner as to deposit the amounts of provident fund of its employees with the Fund.
11. Appointment of general manager: The Fund shall appoint one general manager as the chief administrative officer for the operation of the affairs of the Fund.

Chapter-3 Meetings of the Fund

Chapter-3 Meetings of the Fund
12. General meetings of the Fund:

(1) The chairperson of the Board shall call a preliminary general meeting of members of the Fund
within Twelve years of the date of approval obtained to establish the Fund.
(2) The general meetings of the Fund shall be as follows:
(a) Preliminary general meeting,
(b) Annual general meeting, and
(b) Extra-ordinary general meeting.
(3) There shall be sent a notice specifying the place, date, time and agenda of meeting to every member, in advance of at least Twenty One days to hold the annual general meeting, and in advance of at least Fifteen days to hold the extra-ordinary general meeting of the Fund.
(4) No decision shall be taken in any general meeting on any matter which has not been notified in advance pursuant to Sub-section
(3), except in the following circumstances:
(a) If the shareholders representing at least TwoThirds of the total members who are entitled to
vote at the general meeting attend and vote in favour of taking a decision on any matter, or
(b) If the matter was already notified for being transacted in any general meeting which has been
adjourned.
13. Annual general meeting: (1) The Fund shall hold its first annual general meeting within One year after holding its preliminary meeting, and thereafter it shall hold the annual general meeting every year within Six months after the expiry of its financial year.
(2) If any Fund fails to call the annual general meeting pursuant to Sub-section (1) and any member makes an application setting out that mater, the Government of Nepal may cause to be held the annual general
meeting; and even if any such application is not made, the Government of Nepal shall cause to be held such a meeting within Two months after the expiration of the period as referred to in Sub-section (1).
14. Matters to be presented in annual general meeting: (1) The Fund’s audited profit and loss account and balance sheet of the previous year shall be presented in the annual general meeting of the Fund.
(2) If at least Fifteen per cent of the total number of members of the Fund shall so desire, they may, by submitting an application to the directors prior the issue of a notice under Sub-section (3) of Section
12, cause any matter to be presented at the annual general meeting.
(3) In addition to the matters presented pursuant to Sub-sections (1) and (2), accounts of the Fund, annual report of the Fund relating to is documents, reports of the auditor and the directors, appointment of the
auditor and directors, interest or other financial facilities submitted by the Board of Directors for distribution to the employees, meeting allowances of directors and other necessary matters shall be discussed at the general meeting.
15. Extra-ordinary general meeting: The Board of Directors may convene an extra-ordinary general meeting if it deems necessary.
16. Discussion and decision: (1) The chairperson of the Board shall chair the general meeting; and in the event of absence of the chairperson of the Board, the shareholder selected from amongst the present shareholders shall
chair the meeting.
(2) Each matter to be discussed at the general meeting shall be presented in form of a resolution.
(3) Every matter to be put to vote shall be made by a majority of the members who attend and vote at the general meeting. In the event of a tie, the person chairing the meeting may exercise the casting vote.
17. Quorum: (1) No general meeting may be held unless it is attended by Fifty percent members of the total number of members of the Fund.
(2) If the meeting cannot be held failing the presence of members in the number as referred to in Sub-section (1), the meeting shall be called by
giving another notice of at least Seven days, and the general meeting may be held if it is attended by at least One-Thirds members.

Chapter-4 Provisions relating to deduction of fund

Chapter-4 Provisions relating to deduction of fund
18. Mandatory deduction of money from salary of employees:

(1) An institution shall, in consideration for the provident fund, deduct the fund amount by at least Ten percent from the monthly salary of its employees, add thereto such amount as many not be less than that deducted amount and
pay the same to the Fund.
(2) The amount of fund deduction shall be deducted compulsorily. The consent of the concerned employee shall not be required for such deduction.
19. Acts to be done by the Fund after payment of money to the Fund:
(1) After the payment of money to the Fund pursuant to Section 18, the amount so paid by the name of every employee shall be paid to the account of that employee.
(2) Every year after the closure of the year, the Fund shall enter into an endorsement book details setting out, inter alia, the amounts deducted every month from the salary of the employee, amount added by the office
and other deductions and additions and interest accrued on the amounts so paid and update the same.
(3) The Fund shall give an identity card to every employee.
(4) The Fund may prescribe fees for the giving of the identity card or endorsement book pursuant to Sub-sections (2) or (3) or giving another identity card in the event of loss, deface or torn out of such an identity card
or endorsement book.
20. Prohibition on withdrawal of moneys: No employee may withdraw amount deposited in the Fund in the name of that employee while he or she is in service.
21. Power of the Fund to do acts for the welfare of employees: The
Fund may, to the extent permissible by its resources, do all acts for the
enhancement of welfare and facilities of the employees and their families.
22. Interest and other amounts to be provided: (1) The Fund shall
provide interest on the amount deposited by the name of an employee at
such a rate as may be determined from time to time.
(2) The Fund shall determine dividends to be provided to employees
on the basis of the amount remaining upon the interest to be provided to the
employees, capital expenditure ad reserve fund out of the dividends or
interest receivable from the investment of any amount held in the custody
of the Fund.
(3) Even though an employee is relieved of office for any reason, the
Fund shall continue to provide interest on the amount deposited in the Fund
by the name of that employee unless and until the amount is withdrawn
from the Fund.
23. Fund deduction to be refunded: (1) Any employee shall get refund of
lump sum of all amounts including the principal and interest deposited in
his or her account immediately when he or she is relieved of service for any
reason. If he or she dies, his or her nominee or nominees shall obtain the
amounts according to the will. If he or she has not nominated any person or
if his or her nominee is also dead, the surviving relative of the employee
shall receive such amounts and if there are more than one such surviving
relative in the same order,
2 they shall receive such amounts on the prorata basis:
(a)3
Husband or wife living in the same family;
(b) Son, daughter, widow daughter-in-law living in the
same family;
(c) Father, mother (father-in-law, mother- in-law in case
of a married woman) living in the same family;
(d) Grandfather grandmother to be taken care of by
oneself and grandson, granddaughter on the line of the
son;
(e) Husband or wife living separately;

(f) Son, daughter, widow daughter-in-law living
separately;
(g) Father, mother living separately;
(h) Step son, daughter living in the same family;
(i) Step mother living in the same family;
(j) Elder and younger brother and elder and younger sister
living in the same family;
(k) In case of a married woman, father-in-law, mother- inlaw
living separately;
(l) The grandson and unmarried grand-daughter in the line
of the son;
(m) The step mother living separately;
(n) Step son, daughter living separately;
(o) In case of a married woman, elder and younger
brother-in –law and sisters-in-law living in the same
family;
(p) Nephew, niece living in the same family;
(q) Uncle, widow aunt, elder sister-in-law, younger sisterin-law;

(r) Elder and younger brother and elder and younger sister
living separately;
(s) Grandfather, grandmother, granddaughter-in-law,
nephew, niece living separately;
(t) The person taking of the employee being close to him
or her until the last hour.
(2) If a person nominated by an employee dies or if the employee so
wishes despite he or she is alive, the employee may nominate another
person in his or her stead or alter the contents set forth in the letter of
nomination.
(3) If, after the discontinuation of the service of an employee, the
employee does not show up to get refund of the Fund amount until Three
years of the discontinuation of service or does not give any notice to the
Fund in relation to the refunding, his or her nominee shall be entitled to his
or her Fund amount. If even the nominee does not show up to receive that
amount until Two years Nine months after the date on which he or she may
get it, the Fund shall arrange to publish a notice for information to the
people generally. If the nominee does not show up to receive the amount
even after the publication of the notice, the heir to the employee as referred
to in Sub-section (1) shall be entitled to get that amount.
(4) Notwithstanding anything contained in Sub-section (1), the Fund
shall deduct and recover such principal borrowed by an employee from the
Fund and interest accrued thereon as may be due and payable by the
employee.
(5) Notwithstanding anything contained in Sub-section (3) of
Section 22, if a person who is entitled to have the refund of the deposited
amount even until Six years after the original date on which such amount
has stood refundable, the amount shall be deposited in a separate account,
and after the amount is so deposited in a separate account, no interest shall
be payable on that amount.
24. To give notice to the Fund about the condition of employee: (1) In
the event of fresh appointment, transfer and promotion of employees, the
concerned institution shall give a notice of such appointment, transfer and
promotion to the Fund immediately.
(2) If any employee is to get retirement due to the age bar, the
concerned institution shall, in advance of Six months of retirement, give a
notice thereof to the Fund, setting out the date on which the employee gets
retirement.
(3) If any employee gets retirement or is relieved of office for any
other reason, the institution shall give a notice to the Fund, also setting out
the date of getting retirement or relieving of office for the purpose of
refunding the Fund deduction amount of the employee.
25. No relation of institution with the Fund: If any institution which is a
member of the Fund is dissolved, such an institution shall have no relation
with the Fund from the date of such dissolution, and the employees of such
a dissolved institution shall be deemed to have been relieved of the service
of that institution, for the purposes of this Act.
26. Transfer of capital: If any institution which is a member of any one
Fund wishes to be a member of another Fund, the institution shall give a
notice to the then Fund in advance of at least Six months, requesting for the
transfer of capital to the Fund of which it intends to be a member. If a
notice is so received, the then Fund shall transfer all accounts of the
concerned institution held with it to the other Fund.
27. Security of fund: Notwithstanding anything contained in the laws in
force, the following matters shall be governed by the following:
(a) No coparcener of an employee shall, in consideration for his or her
partition share, be entitled to the moneys deposited with the Fund in
the name of the employee. Despite a judgment by a court, no
creditor shall be entitled to claim the moneys deposited with the
Fund in the name of the employee. No moneys deposited with the
Fund in the name of the employee shall be confiscated for any
offences including those punishable with confiscation of entire
property pursuant to the laws in force. Such moneys shall not also be
deducted or confiscated also for any government dues or arrears.
(b) No income tax shall be levied on the moneys deposited with the
Fund in the name of any employee and on profits of the Fund and on
the moneys deposited by the employee upon drawing the same from
the Fund out of the moneys so deposited with the Fund.
(c) In distributing the assets of a company in which any amount of the
Fund has been invested or which has borrowed a loan from the Fund,
upon the liquidation of the company, the Fund shall have the first
and foremost right in the assets of such a company for the
investment by the Fund, dividends thereon and outstanding and
recoverable amount of the loan. Even in cases where any amount of
the Fund is due and recoverable from any other person and such
person becomes insolvent, the Fund shall have the first and foremost
right in the assets of such a person for the amount to be recovered by
the Fund. Only after the recovery of the amount due and payable to
the Fund, other persons shall have the right in the remaining assets
of such a company or person.
(d) If any person fails to pay in time such advance, loan or interest as
required to be paid to the Fund in accordance in the deed, the Fund
may recover the amount of the Fund by foreclosing and auctioning
the house and land or other property furnished by such a person as a
security, usufruct or wealth guarantee in favor of the Fund after
Thirty Five days of the expiration of that time. If no one buys such
house and land on the auction sale, the Fund may take over the
ownership of that property. In such a circumstance, the government
offices responsible for maintaining the records of such property or
recovering the land revenue thereon shall do action whatever
required, including transmission, on the records maintained in these
offices.
(e) After the Fund has taken a property as a security, usufruct or wealth
guarantee (Jamanipatra) pursuant to Clause (d), the borrower shall
not furnish such a property as a security in favour of, or usufruct it or
otherwise transfer his or her title in it, to another person, and if the
registration making office is requested by the Fund to withhold that
property, the office shall withhold it.
(f) In lending a loan or advance against the security of an immovable
property to any person, the Fund may specify the repayment period
of more than Five years.
28. Acts that may be done by the Fund: The Fund may do the following
acts for the mobilization of its balance/inventories and assets:
(a) To make investment in cash certificates or fixed deposits of banks
within Nepal;
(b) To lend moneys to any industry or body corporate, on such terms
and interest as specified by the Fund;
(c) To operate housing projects and sell, distribute or rent houses and
lands to the employees;
(d) To construct buildings and rent them;
(e) To make investments in appropriate sectors, taking into
consideration of the security of the Fund;
(f) With the approval of the Nepal Rastra Bank (Central Bank), to do
acts of a commercial bank, insurance, financial institution, do hire
purchase related business, purchase the shares or debentures of abody corporate and public company and lend moneys against the
security of shares;
(g) To do all such other acts as may be incidental in the course of doing
acts as required to be done under this Act.
29. No fee to be levied: No kind of tax other than income tax4
or revenue
stamp fee that is leviable in relation to a deed to be executed while making
a loan or advance to an employee by the Fund and on the deed of security,
usufruct or guarantee, in consideration for the loan or advance, and
registration fee leviable while registering such a deed in accordance with
the laws in force.

Chapter-5 Reserve fund and audit

Chapter-5 Reserve fund and audit
30. Reserve fund: (1) The Fund shall establish a separate fund by the name
of reserve fund, and at least Twenty percent amount of the new profits of
each year shall be paid to the reserve fund.
(2) The Fund shall not be entitled to provide dividends or other
economic benefits until it recovers capital expenses (preliminary expenses
and office expenses which do not seem to be tangible property, suspicious
(Sankaspad) loans, depreciation of property and also such other expenses as
may be casual according to the need of the Fund).
31. Audit of the Fund: (1) The accounts of the Fund shall be audited by the
auditor appointed by the Auditor General of Nepal.
(2) The auditor shall present his or her report on the annual profit
and loss account, balance sheet and other accounts at the general meeting
and such a report shall state whether the balance sheet has been prepared

correctly setting out all necessary matters and in a manner to reflect the
actual financial condition of the Fund or not, and in cases where any
explanation or information has been sought from the Board, whether such
explanation or information has been given in a satisfactory manner or not.

Chapter-6 Miscellaneous

Chapter-6 Miscellaneous
32. Deposit of amounts set aside for gratuity and pension: Any institution which is a member of the Fund shall deposit in the Fund such amounts as set aside by it for the purpose of providing gratuity or pension
to its employees in accordance with its rules.
33. Saving against loss and damage: The director, general manager or other employee of the Fund shall not be held individually liable for any loss or damage caused from any act done by them in the course of performing
their duties in accordance with this Act, except for any act done with ulterior motive or in bad faith deliberately.
34. Dissolution: (1) If the Board is of the opinion that the Fund has to be dissolved for any reason, the Board shall submit to the general meeting a report setting out the reason for the same, and if a Two-Thirds majority of
the general meeting decides to dissolve the Fund, the Fund may be dissolved with the approval of the Government of Nepal.
(2) In the event of dissolution of the Fund pursuant to Sub-section (1), the institutions which are members of the Fund shall bear the liabilities of the Fund.
35. Inspection and direction: (1) The Fund shall submit to the Nepal Rastra Bank the statements of its financial situation of every Six months within One month of the expiration of that period.
(2) If so deemed necessary for public interest, the Nepal Rastra Bank may make necessary inspection and inquiry of the financial transactions of the Fund and may give necessary direction. It shall be the duty of the Fund
to abide by such direction.
36. Power to frame Rules: (1) The Government of Nepal may frame Rules in order to accomplish the objectives of this Act.
37. Power to frame Bye-laws: The Fund may frame necessary Bye-laws, without being prejudicial to this Act or the Rules framed under this Act.
38. Removal of difficulties: If there arises any difficulty with the implementation of this Act, the Government of Nepal my issue any order by publishing a Notification in the Nepal Gazette.
39. The laws in force to prevail: The matters set forth in this Act shall be governed by the same and the other matters shall be governed by the laws in force.

Some Public (Crime and Punishment) Act, 2027 (1970)

Some Public (Crime and Punishment) Act, 2027 (1970)
Date of Authentication and Publication
2027.6.18
Amendments:
1. Some Public (Crime and Punishment) (First Amendment) Act, 2031 2031.6.20
2. Some Nepal Acts (Amendment) Act, 2039 2039.8.6
3. Administration of justice Act, 2048 2048.2.16
4. Some Public (Crime and Punishment) (Second Amendment) Act, 2049 2049.7.17
5. Republic Strengthening Some Nepal Law Amendment Act, 2066 2066.10.7
An Act made to Control Some Public Crime and to provide Punishment
thereof
Preamble: Whereas it is expedient to control some public crimes and to provide punishment thereof to maintain peace and order in different parts of ? …………Nepal and in order to maintain convenience, good conduct and morality of general public.
Now, therefore, His Majesty King Mahendra Bir Bikram Shah Dev has, on advice and with consent of the National Panchayat enacted this Act.

1. Short title, extent and commencement:

(1) This Act may be called “Some Public (Crime and Punishment) Act, 2027.
(2) This Act shall extend all over ? ……….Nepal.
(3) This Act shall come into force immediately.

__________________________
Omitted by Republic Strengthening Some Nepal Laws Amendment Act, 2066.

2. Prohibition to commit some public crime:

(1) No person shall commit any of the following acts:
(a) To hinder or obstruct any public servant from discharging his/her official duty by committing battery
or riot or by any other way;
(b) To break public peace by committing battery or riot in any public place;
(c) To break public peace or to make obscene show by using obscene speech, word or gesture in public place.
(c1) To print or publish any obscene materials by using obscene language or by any word or picture which
denotes obscene meaning; or to exhibit or sell or  distribute such obscene publication in public place
other than the purpose of public health or health science;
(d) To cause undue hindrance in the regular operation of postal service, communication, transportation,
electricity supply or any other such essential social service;
(e) To trespass on any governmental or non-governmental  office or anyone’s building or land by committing riot;
or to stay or remain there in without any authority;

⊕ (f) To damage any public or private property by committing riot or pelting stone or by any other way.

_______________________________
Inserted by Some Nepal Acts (Amendment) Act, 2039.
*
Inserted by Some Public (Crime and Punishment) (Second Amendment) Act, 2031.

(g) To insult women in public place by committing molestation (Hatapata);
⊕ (h) To make undue behaviour in public place.
⊕ (i) To hinder or obstruct anyone or to stop his/her pathway or passage in a condition when he/she is
staying anywhere or walking on the road or traveling by any vehicle; or to commit riot, molestation, battery,
nuisance or misconduct; or to capture or damage any property or vehicle of such person having with him/her
in the said condition with keeping intention to harass or cause trouble him/her;
⊕ (j) To threat or scold or tease or to commit any undue act  or to express any undue thing to anyone through
telephone, letter or any other means or medium with keeping intention to intimidate, terrorize or cause
trouble or to insult or defame or harass to him/her;
(k) To commit any act or express anything, which causes intimidation or terror in general public and breaks
public peace, by entering or not entering in any public gathering, assembly or demonstration; or to show
weapon.

3. Power to arrest:

(1) The police staff may arrest the person without a warrant if he/she finds him/her on the spot committing any of the crimes mentioned Section 2.
_________________________
Inserted by Some Public (Crime and Punishment) (First Amendment) Act, 2031.
? Inserted by Some Public (Crime and Punishment) (Second Amendment) Act, 2049.

(2) The chief police officer of a local police station not below the rank of the sub-inspector may, in the course of investigation based on a reasonable complaint lodged by anyone which gives reliable information or
there is reasonable doubt that a person has committed any of the crime defined under Section 2, issue a warrant to arrest him/her Provided that, the person so arrested shall be produced before the adjudicating authority within a period of Twenty Four hours after such arrest, excluding the time necessary for the journey from the place of arrest
to such authority and such person shall not be detained in custody beyond the said period except on the order of such authority.

4. Limitation to file a case:

(1) Any case under this Act shall be filed within a period of Seven days from the date of the commission on an offence.
(2) Notwithstanding anything contained in Sub-section (1) if an  aggrieved person intends to file a case under this Act, he/she shall lodge a complaint with the police against an offender within a period of Seven days
excluding the time of journey, from the date of the occurrence of the offence. In such case, the limitation to file a case pursuant to Sub-section
(1) shall be deemed to be commenced from the date when the complaint has been lodged.
Provided that, the adjudicating authority may, if he/she is satisfied with reasonable ground that the case cannot be filed within a period of Seven days from the commission of the offence, extend the limitation in  order to file the case upto Thirty Five days from the date of commission of the offence.

________________________
Amended by Some Public (Crime and Punishment) (First Amended) Act, 2031

5.Adjudicating authority and procedure:

(1) The Chief District Officer shall have the power of original jurisdiction to initiate the proceeding and
adjudicate case under this Act.
(2) The Chief District Officer shall, while initiating the proceeding and adjudicate a case, follow the procedure pursuant to Special Court Act,- 2059.
(3) An appeal against the decision made by the Chief District Officer pursuant to Sub-section (1) shall lie before the Court of Appeal.

6. Penalty: (1) In a case tried under this Act, the Chief District Officer may, upon depending on the gravity of the offence, impose a fine of upto Ten Thousand Rupees to the offender and order the offender to provide
compensation to the victim as per the actual damage, loss, injury etc; and issue an order of detention to keep the offender in a custody for a period not exceeding Thirty Five days if finds reasonable ground or cause in the
course of investigation upon mentioning the cause thereof in the order.
Such case shall be decided within a period of Three months. Provided that, if the Chief District Officer finds reasons to impose imprisonment to the offender as only the penalty of a fine is not adequate, he/she shall refer the case before the Court of Appeal in order to impose the penalty of imprisonment for a period not exceeding Two years. The Court of Appeal shall decide the matter in such case.
(2) Adjudicating Authority may, by considering the gravity of the offence, release the offender if it is proved that he/she has committed the offence for the first time, without imposing the penalty pursuant to Sub-
________________
Amended by Some Public (Crime and Punishment) (First Amendment) Act, 2031
Amended by Administration of justice Act, 2048.

section (1) upon causing him/her to sign on a document which reads that the offender pledge not to commit such offence again from the date onwards.

7. Government of Nepal to be plaintiff: Government of Nepal shall be plaintiff in a case under this Act.

8. Case may be filed under prevailing laws: A case may be filed under other prevailing Nepal law in the offence under this act if it is also punishable under any other prevailing law.
Provided that, no person shall be prosecuted and punished under  other laws for the same offence
…… in which he/she has already been prosecuted and punished under this Act.

Solid Waste (Management and Resource Mobilization) Act, 2044 (1987)

Solid Waste (Management and Resource Mobilization)  Act, 2044 (1987)
Date of authentication and publication
Kartik 1, 2044 (October 18, 1987)
Amendment
1. Solid Waste (Management and Resource Mobilization)

(first Amendment) Act, 2049 kartik 6, 2049 (October 22, 1992).
Preamble: Whereas, it is expedient to manage solid waste and mobilize resources related  thereto and ensure the health convenience of the common people by controlling the adverse impact on pollution from solid waste.
Now therefore, His Majesty King Birendra Bir Bikram Shah Dev has enacted this law on the advice and with the approval of the National Panchayat.

Chapter 1

Chapter 1 Preliminary
1.1 Short Title and Commencement
1.1.1 This Act may be called the “Solid Waste (Management and Resource Mobilization) Act, 2044 (1987)”.
1.1.2 This Act shall come into force in the Kathmandu, Lalitpur and Bhaktapur Municipal areas immediately; in other areas, it shall come into force on such date as may be prescribed by Government of Nepal by notification in the
Nepal Gazette.
1.2 Definitions:
1.2.1 In this Act, unless otherwise the subject or context otherwise requires;
1.2.1.1 “Centre” means the Solid Waste Management and Resource Mobilization Centre established under Section 2.1.
1.2.1.2 “Board” means the Board of Directors formed under Section 3.3,
1.2.1.3 “Plan” means the plan relating to Solid Waste Management and Resource Mobilization to be operated by the Centre.
1.2.1.4 “Chairperson” means the Chairperson of the board.
1.2.1.5 “General Manager” means the General Manager of the Centre  appointed under Section 3.6.1
1.2.1.6 “Member” means a member of the Board and this term also includes the Chairperson and the Member-Secretary.
1.2.1.7 “Inspection Officer” means an Inspection Officer appointed under Section 3.7.1.
1.2.1.8 “Solid Waste” means materials which are in a state of disuse, or which have been disposed of, or such other materials which are declared as solid waste by the Centre from time to time.
1.2.1.9 “Harmful Solid Wastes” mean solid wastes which are harmful to health through infectious or contaminative disease or otherwise.
1.2.1.10 “Site for Dumping Solid Wastes” means the place or area prescribed by the Centre for disposing of, keeping or dumping Solid wastes.
1.2.1.11 “Pollution” means a state in which physical, chemical, organic and radio-active elements in the atmosphere as well as human beings, birds and animals, aquatic life, or plants are directly or indirectly changed in an undesirable manner or fatally affected by the combination of solid, liquid or gas objects expelled from solid wastes.
1.2.1.12 “Container” means any equipment and similar other object made available or prescribed by the Centre for the purpose of disposing of, keeping or dumping solid wastes.
1.2.1.13 “Reuse” means the act of converting collected solid wastes into a reusable product.
1.2.1.14 “Transit Point” means the place prescribed by the Centre for dumping the collected solid wastes before they are taken to the place where they are finally disposed of, or to a place of production.
1.2.1.15 “Solid Waste Collection Equipment” means equipment to be used in the collection of solid wastes.
1.2.1.16 “Place of Production” means the place prescribed by the Centre to conduct operations relating to the production of fertilizers or other products.
1.2.1.17 “Prescribed” or “as Prescribed” means prescribed or as prescribed in the Rules or Bye-laws framed under this act.

Chapter 2

Chapter 2 Establishment and Management of the Centre
2.1 Establishment of the Centre
2.1.1 A Solid Waste Management and Resource Mobilization Centre shall be established for the purpose of the management of solid wastes and mobilization of resources related thereto.
2.1.2 The Centre shall be known in English as the Solid Waste Management and Resource Mobilization Centre.
2.1.3 The head office of the Centre shall be located in Kathmandu Valley.
2.2 Centre to be An Autonomous Body
2.2.1 The Centre shall be an autonomous and corporate body with perpetual succession.
2.2.2 The Centre shall have a separate seal of its own for the purpose of conducting its functions and operations.
2.2.3 The Centre may acquire, utilize, sell or otherwise manage movable and immovable property as a person.
2.2.4 The Centre may sue or be sued in its own name as a person.

Chapter 3

Chapter 3 Functions, Duties and Powers of the Centre
3.1 Functions and Duties of the Centre
3.1.1 The Function and Duties of the Centre shall be as follows:
3.1.1.1 To formulate polices in regard to the implementation of the plan.
3.1.1.2 To supervise whether or not the plan is being implemented, and
issue necessary directives accordingly.
3.1.1.3 To undertake basic construction, repair and maintenances works in order to control Solid Wastes and obtain the cooperation of Municipalities for the purpose, if so deemed necessary.
3.1.1.4 To make available a container service for the purpose of disposing of, keeping, or dumping solid wastes or to prescribe appropriate places for the purpose.
3.1.1.5 To make appropriate arrangements for transportation of the collected solid wastes to the transit point, the place where solid wastes are finally disposed of, or the place of production.
3.1.1.6 To make necessary arrangements for the disposal of solid wastes in a pollution free manner.
♣ 3.1.1.7 To produce briquettes, compost fertilizer or bio-gas from the collected solid waste.
3.1.1.8 To make arrangements for the mobilization of the collected solid wastes by using them in a form suitable for their reuse.
♣ 3.1.1.9 To make available technical advice or other necessary assistance to any individual, instruction or body in connection with the management and control of solid wastes.
♣ 3.1.1.10 To classify harmful solid waste, and check (their emissions), or
make arrangements for doing so.
3.1.1.11 To conduct or cause to conduct study and research required for management, control, and resource mobilization concerning solid wastes.
♣ 3.1.1.12 To extend or cause to extend necessary assistance in case anyone requests for placing garbage containers at different places for the purpose of disposing of minor garbage and dirt.
3.1.1.13 To make arrangements for public toilets, abattoirs, baths, etc. according to need.
♣ 3.1.1.14 To provide or cause to provide training in matters concerning solid waste management and environmental sanitation.
3.1.1.15 To publicize through mass media functions relating to the disposal and control of solid wastes in order to ensure the participation of the local people.
3.1.1.16 To maintain or cause to maintain necessary coordination and harmony among different institutions.
3.1.1.17 To undertake or cause to undertake other functions necessary for fulfilling the objectives of this Act.
3.2 Powers of the Centre
♣ 3.2.1 The powers of the Centre shall be as follows:
3.2.1.1 To obtain loans from the local banks or institutions.
3.2.1.2 To obtain loans from foreign governments or institutions, or international organizations or associations.
3.2.1.3 To collect the prescribed fees from individuals, institutions, or bodies obtaining sanitation services.
3.2.1.4 To sell and distribute briquettes, compost fertilizer or bio-gas produced from the solid waste collected.
3.2.1.5 To convert solid wastes into reusable commodities.
3.2.1.6 To collect the prescribed fees from individuals, institutions, or bodies obtaining training or services relating to solid waste management and environmental sanitation.
3.2.1.7 To perform or arrange for performing other necessary functions n order to fulfill its obligations under this act or the rules framed hereunder.
3.2.2 While exercising the powers conferred under Sub-section 3.2.1.2, the Centre shall obtain the prior approval of the Government of Nepal.
3.3 Formation of the Board of Directors.
3.3.1 Board of Directors shall be formed in order to conduct, supervise and manage all the functions and operations of the Centre.
3.3.2 Except otherwise provided for elsewhere in this act, the Board of Directors shall exercise and fulfill all the powers and duties of the Centre subject to this act or the rules framed hereunder.
♣ 3.3.3 The Board of Directors shall consist of the following members:
3.3.3.1 A person appointed or designated by
Government of Nepal – Chairperson
3.3.3.2 Representative, Ministry of Finance – Member
3.3.3.3 Representative, Ministry of Local
Development – Member
3.3.3.4 Representative, Ministry of Housing and
Physical Planning – Member
3.3.3.5 Representative, Ministry of Forests and
Environment – Member
3.3.3.6 Member-Secretary, Kathmandu Valley
Urban Development Committee – Member
3.3.3.7 General Manager, Nepal Water Supply
Corporation – Member
3.3.3.8 Mayor or his/her nominee member,
Kathmandu Municipality – Member
3.3.3.9 Mayor or his/her nominee member,
Lalitpur Municipality – Member
3.3.3.10 Mayor or his/her nominee member,
Bhaktapur Municipality – Member
3.3.3.11 General Manager, Solid Waste
Management and Resource Mobilization
Centre – Member-secretary
3.3.4 The tenure of
♣ the Chairperson of the Board shall be of four years and
may be reappointed after the expiry of the tenure.
3.3.5 If Government of Nepal so deems necessary, it may alter or charge the
members of the Board by notification in the Nepal Gazette.
3.3.6 If the Board so deems necessary, it may invite any local or foreign expert
or advisor to attend its meetings as an observer.
3.4 Meetings and Decisions of the Board
3.4.1 Meetings of the Board shall be held as prescribed by the Chairperson.
3.4.2 The quorum required for meetings of the Board shall be considered to have
been fulfilled in case fifty percent of the total numbers of members are
present.
3.4.3 Meetings of the Board shall be presided over by the Chairperson, and, in
his/her absence, by a member chosen by the attending members from
among themselves.
3.4.4 The opinion of the majority shall prevail on meetings of the Board and in
the case of a tie; the Chairperson shall exercise his/her casting vote.
3.4.5 The decisions of the Board shall be authenticated by the Member-Secretary.
3.4.6 Other procedures of meetings of the Board shall be as determined by itself.
3.5 Provisions Regarding Conditions of Service and Facilities of the Chairperson.
Provisions regarding the conditions of service and facilities of the Chairperson
shall be as prescribed.
3.6 Provisions Regarding Conditions of Service and Facilities of the General
Manager
3.6.1 The general Manager shall be appointed by Government of Nepal.
3.6.2 The General Manager shall be the chief Administrative authority of the
Centre and he/she shall have full powers and duties concerning the
implementation of the decisions of the Board, and supervision and control
of the functions and operations of the Centre.
3.6.3 Provisions concerning the conditions of service and facilities of the General
Manager shall be as prescribed.
3.7 ♣ Power to Appoint or Designate Inspection Officer
3.7.1 The Centre may appoint Inspection Officers or
♦ designate any
Officer of the Centre to work as an Inspection Officer as required in
order to effectively conduct the function of controlling solid wastes.
3.7.2 The functions, duties and powers of an Inspection Officer shall be a
follows:
3.7.2.1 To work in the capacity of a chief of the Inspection Team formed
under Section 4.7, and to determine by conducting site visits whether
or not functions relating to the control and management of solid
wastes are being carried out in accordance with this Act or the Rules
or Bye-laws framed hereunder.
3.7.2.2 To take action if any one is found performing actions prohibited
under Section 5.1.
3.7.2.3 To submit, to the Centre from time to time, reports prepared on the
basis of inspections conducted in regard to whether or not functions
relating to the management and control of solid wastes are going on
in a smooth manner.
3.7.2.4 To perform or cause to perform any other function prescribed by the
Centre.
3.8 Power to Designate Inspection Officer
The Centre may designate any officer as Inspection Officer, with the approval of
the chief of the concerned Department, in order to perform, fulfill and exercise the
functions, duties and powers of an Inspection Officer under this Act.
3.9 Power to Form Sub-Committees
3.9.1 The Centre may form different Sub-committees for the purpose of
undertaking functions relating to solid waste management and resource
mobilization by conducting sanitation operations.
3.9.2 The functions, duties and powers, as well as the procedures, of the sub-
committees shall be as prescribed.
3.9.3 The Centre may designate any one of the sub-committees to perform
functions under Sub-section 5.2.5.

Chapter 4 

Chapter 4 Management and Control of Solid Wastes
4.1 Obligations of the Concerned Agency
In case the Centre, or the Inspection Team, or the Inspection Officer receives  information regarding dead body or carcass thrown in any public place, road, or site where solid wastes are dumped, or in any container, following an accidental or natural death, the concerned Centre, team, responsible for undertaking actions according to current law in regard to such dead body or carcass. After receiving information in that manner, the concerned officer shall take actions in accordance with prevailing law in regard to such dead body or carcass in accordance with
prevailing law, and notify the Centre, the Inspection Team or the Inspection  Officer accordingly as early as possible.
4.2 Centre may Issue Order for Management of Solid Wastes.
4.2.1 In case the Centre believes that the solid wastes accumulated in the compound of any industrial or commercial enterprise or any agency, institution or individual are likely to adversely affect the public health, it may order the concerned enterprise, agency, institution or individual to clean such harmful solid waste and throw them in the prescribed place.
4.2.2 In case the concerned enterprise, agency institution or individual is not in a position to clean or throw the solid wastes mentioned as in Sub-section
4.2.1 by itself and therefore requests the to Centre to do so, the Centre may make arrangements for removing or cleaning such solid wastes by charging the necessary fees.
4.3 Prohibition to Dispose of Solid Wastes The Centre, or the Inspection Officer with the approval of the Centre, may issue order prohibiting such actions as keeping, throwing, burning, burying, or otherwise storing, disposing of or destroying harmful solid wastes in any public place or any private-owned place keeping in view the welfare and convenience of the public.
4.4 Right of the Centre to Solid Wastes
4.4.1 The Centre shall have the right to manage or use in any way the solid wastes thrown or kept in the place prescribed for dumping such wastes, containers, garbage disposal equipment made available by the Centre, or the solid astes collected in the course of sanitation process.
4.4.2 For the purpose of this Section, any material contained in the place prescribed by the Centre, containers and garbage disposal or other equipment made available by the Centre or collected in the course of sanitation process shall be considered solid wastes.
4.5 Permission to be obtained
Any industrial or commercial enterprise, or any agency, institution or individual desirous of collecting and managing any reusable or any other types of solid wastes disposed of by others or shall obtain the permission of the Centre to do so.
4.6 Permission to be Granted While issuing permission for managing solid wastes under Section 4.5, the Centre
shall conduct inquiries into whether or not the action would adversely affect the health of the public, and grant permission after charging fees as prescribed, only if it is found the action will not have any adverse impact.
4.7 Inspection Team
4.7.1 The Centre may form Inspection Teams, as required under the convenorship of Inspection Officers for the purpose of inspecting on a daily basis whether or not solid wastes are being managed and controlled. The team shall
include employees of the Centre, the police, and employees of the Village Development Committee or Municipality.
4.7.2 In case the Inspection Team formed under Sub-Section 4.7.1 finds, in the course of inspection, that anyone is acting in contravention of Section 5.1 or finds evidence that anybody has knowingly or unknowingly acted in that
manner, the Inspection Officer may punish the concerned person under Section 5.2.
4.8 Coordination and Obligations
4.8.1 The Centre shall work by establishing coordination with Village  Development Committees or Municipalities while undertaking functions relating to the management of solid wastes under this Act.
4.8.2 The concerned Village Development Committee or Municipality shall have the following obligations in respect to the management of solid wastes by the Centre.
4.8.2.1 To make regular arrangements for cleanliness and sanitation in their respective areas by establishing coordination with the Centre.
4.8.2.2 To keep in containers or take to the transit point the solid wastes collected after undertaking cleanliness and sanitation operations.
4.8.2.3 To inspect or cause to inspect of the disposal and transportation of solid wastes in every Ward.
4.8.2.4 To extend necessary cooperation to the Centre for the appropriate disposal and management of solid wastes.
4.9 Prevention of Pollution In case the air, soil or water pollution resulting from solid wastes affects or is
likely to affect adversely human beings, birds and animals, plants and other objects in any area or public place, or any inhabited area, the Centre may make necessary arrangements for the prevention of such pollution

Chapter 5

Chapter 5 Prohibitions and penalties
5.1 Prohibitions
5.1.1 No one shall take or instigate others to take the following actions:
5.1.1.1 Throw, keep or dump solid wastes in any public place, except in containers or places allotted for dumping solid wastes.
5.1.1.2 Throw carelessly in public places minor garbage such as scraps of paper, stumps of cigarettes and bidis, peels of fruits and groundnut, shells and pieces of vegetables without putting them in the garbage container.
5.1.1.3 Relieve oneself or cause or let others do so or throw excrement and urine in the streets or other public places.
5.1.1.4 Make streets or other public places dirty by maintaining shops, indiscriminately.
5.1.1.5 Make streets or other public places dirty by slaughtering any kind of biped or quadruped.
5.1.1.6 Made streets or public places dirty by cleaning fish or throwing rotten fruits, vegetables or other materials.
5.1.1.7 Use, remove or destroy without permission, the solid waste kept in containers or places allotted for dumping them.
5.1.1.8 Leave or dump construction materials or other goods of any kind in streets or other public places in such a manner as to hinder public traffic.
5.1.1.9 Leave or throw dead birds or animals in any place other than those prescribed by the Centre.
5.1.1.10 Manage solid wastes without obtaining permission due under Section 4.5 or act in contravention of the conditions mentioned in the license, if permission has been obtained.
5.1.1.11 Throw, leave or dump gas or liquid of any kind in pots, containers or places prescribed for dumping solid wastes.
5.1.1.12 Allow the spill-over from the septic tanks run outside carelessly.
5.1.1.13 Throw solid wastes in the streets or other public places by removing them from the septic tank of another person’s residence.
5.1.1.14 Throw garbage collected from the house of another person in streets or other public places.
5.1.1.15 Park any vehicle in or refuse to remove any parked vehicle from any street or public place during the hours of cleaning or collection of solid wastes prescribed by the Centre or when such cleaning work is
in progress.
5.1.1.16 Throw, leave or release in the streets or other public places carelessly wastes from hospitals, nursing homes, private clinics, or dispensaries.
5.1.1.17 Leave, throw, dump or release harmful wastes of any kind in streets or other public places ♦ other than places prescribed by the Centre in such a manner as to affect adversely the health of the public.♦
5.1.1.18 Throw, leave or release in any street or public place carelessly wastes from any industrial establishment.
5.1.1.19 Obstruct or oppose in any manner the solid waste control measures undertaken under this Act.
♦ 5.1.1.20 Throw, keep or dump special types of garbage in containers, streets, footpaths or other public places other than places prescribed by the Centre.
5.2 Penalties
5.2.1 The Inspection Officer may impose fines in the following manner on any person who commits or instigates the following actions and collect such fines in the spot.
5.2.1.1 For committing or instigating actions mentioned in Sub-section
5.1.1.1 or 5.1.1.2, a fine of not more than Fifty Rupees.
5.2.1.2 For committing or instigating actions mentioned in Sub-section
5.1.1.3, a fine of not more than One Hundred Rupees
5.2.1.3 For committing or instigating actions mentioned in Sub-section
5.1.1.4, a fine of not ♣ more than Five Hundred Rupees.
5.2.1.4 For committing or instigating actions mentioned in Sub-Section
5.1.1.5 or 5.1.1.6, a fine of not more than One Hundred Fifty Rupees.
5.2.1.5 For committing or instigating actions mentioned in Sub-section
5.1.1.7, a fine of not more than Five Hundred Rupees.
5.2.1.6 For committing or instigating actions mentioned in Sub-section
5.1.1.8, a fine of not more than Three Hundred Rupees.
5.2.1.7 For committing or instigating actions mentioned in Sub-section
5.1.1.9, a fine of not more than One Hundred Fifty Rupees. .
5.2.1.8 For committing or instigating actions mentioned in Sub-section
5.1.1.10, a fine of not more than One Thousand Rupees.
5.2.1.9 For committing or instigating actions mentioned in Sub-section
5.1.1.11, a fine of not more than One Hundred Rupees.
5.2.1.10 For committing or instigating actions mentioned in Sub-section
5.1.1.12, a fine of not more than One Thousand Rupees.
5.2.1.11 For committing or instigating actions mentioned in Sub-section
5.1.1.14 or 5.1.1.15, a fine of not more than Five Hundred Rupees.
♦ 5.2.1.12 For committing or instigating actions mentioned in Sub-section
5.2.1.20, a fine of not more than One Thousand Rupees.
5.2.2 After the fine imposed under Sub-section 5.2.1 is Paid, the Inspection Officer shall immediately issue a receipt thereof to the concerned person.
5.2.3 The Inspection Officer may issue order to keep under police custody for 24 hours any person who fails to pay the fine imposed under Sub-section 5.2.1.
The police employees of the concerned Police Office, Station or Post shall keep in detention the concerned person in accordance with the order issued by the Inspection Officer.
5.2.4 The Centre shall provide B class ration to the person detained under the order of the Inspection Officer.
5.2.5 The Sub-committee prescribed under Sub-section 3.9.3 may impose fines as follows on persons who commit or instigate the following actions:
5.2.5.1 On persons who commit or instigate actions mentioned in Sub-section 5.1.1.16, a fine of not more than One Hundred Fifty Rupees.
5.2.5.2 On persons who commit or instigate actions mentioned in Sub- section 5.1.1.17 or Sub-section 5.1.1.18, a fine of not ♣ more than One Thousand Rupees.
5.2.5.3 On persons who commit or instigate actions mentioned in Sub- ♦ Inserted by first Amendment.
section 5.1.1.13 or Sub-section 5.1.1.19, a fine of not more than Five Thousand Rupees.
5.2.6 The concerned party must submit to the officer of the Centre the amount of fine imposed under Sub-Section 5.2.5 within a period of seven days from the date of imposition thereof.
♦ 5.2.A Punishment to Those Who Violate Orders The Centre may impose fine of not more than One Thousand Rupees on any person who violates the order issued by the Centre under Sub-section 4.2.1 of Section 4.2.
5.3 Amounts Received in Consideration of Service Charges and Fines to be Credited to the Fund The amounts received in consideration of service charges collected by the Centre, as well as the fines imposed by the Inspection Officer and the Sub-Committee under this Act, shall be credited to the Fund of the Centre in the prescribed manner.
5.4 Collection as Payments Due to the Government The Centre may realize service charges and fines imposed by the Sub-Committee under this Act as payments due to the Government from parties who do not pay
such amounts.
5.5 Appropriate Working Procedure to be Adopted The Inspection Officer and the Sub-Committee shall follow an appropriate
procedure while inflicting penalties under Section 5.2.
5.6 Decision to be Final
The decisions taken by the Inspection Officer or the Sub-Committee under Section
5.2 shall be final.
5.7 Police to Extend Cooperation The police personnel of the concerned Police Office, station of Post must extend
cooperation to the Centre in order to implement the objectives of this Act.

Chapter 6 

Chapter 6 Fund and Audit
6.1 Fund of the Centre
6.1.1 The Centre shall have a fund of it’s own, and the following amounts shall be  credited to this fund:
6.1.1.1 Amounts received from Government of Nepal.
6.1.1.2 Amounts received as service charges for cleaning operations.
6.1.1.3 Fines collected under this Act.
6.1.1.4 Amounts received from internal or external sources.
6.1.1.5 Amounts received from international associations and institutions, foreign governments or agencies.
6.1.1.6 Amounts received from any other sources.
6.1.2 All expenses to be incurred in the name of the Centre shall be met from the Fund.
6.1.3 Amounts credited to the Fund shall be deposited in an account opened in the Nepal Rastra Bank or any commercial bank within Nepal.
6.1.4 The bank account of the Centre shall be operated in the prescribed manner.
6.2 Account and Audit
6.2.1 The accounts of income and expenditures of the Centre shall be maintained in the prescribed manner.
6.2.2 The accounts of the Centre shall be audited by the Auditor General’s Department.
6.2.3 If the Government of Nepal so desires, it may itself inspect, or arrange for the inspection of the accounts of incomes and expenditures of the Centre, as well as relevant documents and other cash and materials, at any time.

Chapter – 7

Chapter – 7 Miscellaneous
7.1 Power of Government of Nepal to Issue Directives
7.1.1 Government of Nepal may issue necessary directives to the Centre in
respect to Solid Waste Management and Resource Mobilization Centre.
7.1.2 It shall be the duty of the Centre to comply with the directives issued by
Government of Nepal under Sub-section 7.1.1
7.2 Land Acquisition
7.2.1 Government of Nepal may arrange for the acquisition of necessary lands
for the Centre for the following purpose in accordance with the
prevailing law:
7.2.1.1 To Throw, or dump solid waste or to install containers for the
purpose, or for transit points, the places where solid wastes are
finally disposed of, and for arranging places of production.
7.2.1.2 To make available other facilities relating to cleanliness and
sanitation.
7.2.1.3 To conduct programs relating to resource mobilization.
7.3 Imposition of Services Charges
♣ 7.3.1 The Centre may collect sanitation service charges from any individual,
institution or body, or from the inhabitants of a locality or place, in
consideration of the sanitation services rendered by it to such
individual, institution or body or in such locality or place.
7.3.2 In case any industrial, commercial, religious or social institution, or
any foreign or diplomatic mission, or any individual, wishes to obtain
the sanitation services of the Centre, the Centre may provide such
services on Payment of a sanitation service charge.
7.3.3 In Case any one wishes to obtain the services of the Centre other than
those mentioned in Sub-Sections 7.3.1 and 7.3.2, the Centre may make
available such services on payment of a service charge ? …………. .
7.3.4 The rates of service charges to be collected by the Centre in
consideration of its services shall be as determined by it from time to
time.
7.4 Annual Report
7.4.1 After the accounts are audited every year, the Centre shall submit a
Annual Report to Government of Nepal clearly mentioning the
following particulars alongwith the audit report:
7.4.1.1 Particulars relating to the implementation of Polices formulated in
respect to solid waste management and resource mobilization.
7.4.1.2 Current Progress report of the plan.
7.4.1.3 Particulars relating to the implementation of directives received from
the Government of Nepal under Sub-section 7.1.1.
7.4.1.4 Other particulars as deemed appropriate by the Centre.
7.5 Delegation of Authority
The Centre may delegate the powers conferred on it by this Act to the Chairperson,
the General Manager, any Member, the Inspection Officer, or the Sub-Committee,
according to need.
7.6 Power to Frame Rules
Government of Nepal may frame necessary Rules in order to fulfill the objectives
of this Act.
7.7 Power to Frame Bye-laws
The Centre may frame necessary Bye-laws in order to conduct its business, subject
to this Act and the Rules framed hereunder.

________________
♣ Amended by first Amendment.
? Deleted by first Amendment.

♦ 7.7A Information Regarding the Registration of an Industry to be supplied.
7.7A.1 Any individual, institution or body registering an industry or
enterprises connected with solid waste shall supply information thereof
to the Centre within three months.
7.7A.2 The Centre shall maintain the records of industries or enterprises
registered under Sub-section 7.7A.1 on a current basis.
7.8 Contact With Government of Nepal
The Centre shall maintain contacts with Government of Nepal through the
♣ Ministry of Housing and Physical Planning or the prescribed Ministry.
7.9 Government of Nepal May Delegate Powers to the Municipality
Government of Nepal may delegate all or any of the powers conferred on the
Centre to manage solid wastes under this Act in areas prescribed by Government
of Nepal under Sub-section 1.1.2 to the concerned Municipality so as to be
exercised by the concerned Municipality.
7.10 Immunity For Action Taken in Good Faith
The Chairperson, the General Manager, members of the Board or the Sub-
Committee, Inspection Officers, or other employees of the Centre shall not be held
personally liable for any action taken by them in good faith while discharging their
duties under this Act.
7.11 Power to Remove Obstacles
In case any obstacle arises in the course of implementing this Act, Government of
Nepal may remove such obstacles by issuing an order by notification in the Nepal
Gazette.
7.12 Repeal and Saving
7.12.1 The Solid Waste Management Board (Formation) Order, 2038 (1981)
hereby repealed and all the movable and immovable assets of the Board

____________
♦ Inserted by first Amendment.
♣ Amended by first Amendment.

formed under that Order shall devolve on the Centre
7.12.2 Contracts and agreements signed with the Board mentioned in Sub-Section
7.12.1 shall be considered to have been signed with the Centre, and all the
functions and operations undertaken by the Board shall be considered to
have been undertaken by the Centre.
7.13 Prevailing Law to be Applicable
Actions in respect to matters provided for in this Act shall be taken accordingly
and actions in respect to other matters shall be taken according to the prevailing
law.
_______________________________________________________________________
Note:
The following word has been changed by Solid Waste (Management and Resource
Mobilization) (first Amendment) Act, 2049;
(a) ”Village Development Committee or Municipality ” instead of ” Sthaniya
Panchayat”
(b) “Municipality ” instead of ” Nagar Panchayat

Election to the Members of the Constituent Assembly Act, 2064 (2007)

Election to the Members of the Constituent Assembly Act, 2064 (2007)
Date of Authentication and publication
Ashad 8,2064(june 22,2007)
1. Some Election Related Nepal Acts Amendment Act, 2064 (2008) 2064.9.20

An Act No. 2 of the Year 2064 (2007),
An Act Made to Provide for the Election to the Members of the Constituent Assembly
Preamble: Whereas it is expedient to make legal provisions on election to Members of the Constituent Assembly, electoral system and election procedures in order to constitute the Constituent Assembly for the purpose that Nepali people in exercise of sovereign and state power shall themselves make new constitution for themselves; Now, therefore, Legislature-Parliament has enacted this Act

Chapter – 1

Chapter – 1

Preliminary

1. Short title and commencement :

(1) This Act may be called “Election to the Members of the Constituent Assembly Act, 2064 (2007).”
(2) This Act shall come into force immediately.
(3) This Act shall remain valid for the period till the Constituent Assembly.

2. Definitions: Unless the subject or the context otherwise requires, in this Act, –
(a) “Constitution” means the Interim Constitution of Nepal, 2063 (2007).
(b) “Constituent Assembly” means the Constituent Assembly to be constituted pursuant to Article 63 of the Constitution.
(c) “Election” means the election to the members of the Constituent Assembly to be held pursuant to this Act and this term also includes the by-election to be held in such a circumstance where the post of the member elected under First Past The Post Electoral System falls vacant.
(d) “Constituency” means the constituency as referred to in Section 3.
(e) “Mixed Electoral System” means the electoral system as referred to in Section 4.
(f) “First Past The Post Electoral System” means the electoral system as referred to in Section 5.
(g) “Proportional Electoral System” means the electoral system as referred to in Section 6.
(h) “Political Party” means the Political Party registered pursuant to the prevailing law.
(i) “Commission” means the Election Commission as referred to in Article 128 of the Constitution.
(j) “Voter” means the person whose name has been registered in the Electoral Rolls pursuant to prevailing law for election.
(k) “Candidate” means the person who has been nominated as a candidate for a Member of Constituent Assembly pursuant to Section 21 and this term also includes the person whose name has been included in the closed list of the candidates submitted to the Commission pursuant to Section 7 by the Political Parties for the purpose of election under the Proportional Electoral System.
(l) “Closed list of candidates” means the list submitted to the Commission by the Political Parties as provided for in Section 7 for the purpose of filing candidacies ensuring proportional representation of Women, Dalits, Oppressed tribes/ Indigenous tribes, Backward regions, Madhesi, including other groups for election under the Proportional Electoral System where the Political Parties shall be voted upon considering the entire country as a single constituency.
(m) “Member” means the Constituent Assembly Member elected pursuant to this Act.
(n) “Returning Officer” means the Chief Returning Officer and Returning officer appointed by the Commission and this term also includes the Assistant Returning Officer.
(o) “Polling Officer” means the Polling Officer appointed pursuant to Section 14 and this term also includes the Assistant Polling Officer.
(p) “Ballot paper” means the ballot paper as referred to in Section 36 arranged for casting the vote in the election and this term also includes to the electronic device used for voting and the vote cast in case where arrangement has been made for voting by the electronic device.
(q) “Court” means the Constituent Assembly Court constituted in accordance with the Article 118 of the Constitution.
(r) “Prescribed” or “as prescribed” means prescribed or as prescribed in this Act or the Rule framed under this Act or in the order issued by the Commission by a notification to the Nepal Gazette

Chapter – 2

Chapter – 2

Constituency and Electoral System

3. Constituency: For the election to the Members of the Constituent Assembly, there shall be the following election constituencies and number of members pursuant
to Article 63 of the Constitution:
(a) Two hundred forty members elected from two hundred forty constituencies for the election to be held under First Past The Post Electoral System.
(b) Three hundred thirty Five members elected from the constituency set upon considering the entire country as a single constituency for the election to be held under the Proportional Electoral System where the Political Parties shall be voted.
(c) Seventeen members to be nominated by the Council of Ministers on the basis of understanding from amongst the persons of high reputation who have rendered significant contribution in national life.

4. Mixed Electoral System: The following mixed electoral system shall be adopted for election to the Members of the Constituent Assembly:
(a) First Past the Post Electoral System, and
(b) Proportional Electoral System where the Political Parties shall be voted.

5. First Past The Post Electoral System:

(1) The candidate securing the highest number of votes shall be elected to the Member of the Constituent Assembly on the basis of one member in one constituency for the constituencies determined pursuant to Clause (a) of Section 3 under the First Past The Post Electoral System.
(2) In the election under First past The Post Electoral System, one person may file his/her candidacy for two election constituencies in maximum. If a person so filing candidacies for two constituencies were elected from both constituencies, he/she should submit resignation before the Chairperson of the Constituent Assembly in writing by denouncing membership of any one constituency from where he/she was elected and thereby maintaining membership of other constituency within thirty days from the date of declaration of election result. The Commission shall forthwith fulfill place of the member of the Constituent Assembly so fallen vacant through by-election.
(3)The Political Parties must take into account the principle of inclusiveness while nominating candidates for the First Past the Post Electoral System.

6. Proportional Electoral System:

(1) Persons representing under Proportional Electoral System on behalf of a Political Party shall be elected to the Members of the Constituent Assembly in proportion of the number of total votes secured by such a Political Party in the election held pursuant to the Proportional Electoral System where the Political Parties shall be voted upon considering the entire country as a single constituency.
(2) No name of a person to be a candidate for the First Past The Post Electoral System shall be allowed to be included in the list under the Proportional Electoral System.

7. Closed list of candidates:

(1) Any Political Party willing to participate in the election under the Proportional Electoral System shall prepare a closed list of candidates contesting on behalf of such a party for such election.
(2) While preparing the closed list pursuant to Sub-section (1), the Political Parties shall prepare such list in a manner that candidacies shall be filed to cover at least 10 per cent of the members of the total number to be elected under the Proportional Electoral System.
(3) While enlisting the candidates, the Political Parties must prepare the closed list pursuant to Schedule-2 thereby ensuring the proportional representation of Women, Dalits, Oppressed tribes/ Indigenous tribes, backward region, Madeshi including others groups on the basis of the population per cent as referred to in Schedule-1. While so enlisting the candidacies of women, the same must be done as per the principle of inclusiveness thereby ensuring proportional representation of, Dalits, Oppressed tribes/ Indigenous tribes, backward region, Madeshi including others groups. While nominating candidates from Madhesi, the closed list of candidates must be prepared thereby ensuring proportional representation of Dalits, and indigenous tribes including other group on the basis of the per cent of population. The concerned Political Party shall submit the closed list of the
candidates so prepared to the Commission in such format as referred to in Schedule-2 within the time limit as specified by the Commission. Explanation : (1) For the purpose of this Section ‘basis of the population per cent ‘means the basis of the population per cent as per the last national census preceding the holding of the election of the Constituent Assembly.
(2) While enlisting the candidates pursuant to this Section, the Political Parties must pay proper attention to the representation of the oppressed group, poor farmers, and labors including disabled.
(4) There must be at least one-third women candidates of the totals number comprising the number of women candidates to be fielded under the Proportional Electoral System as referred to in Section 6 and the number of women candidates to be fielded under the First Past The Post Electoral System as referred to in Section 5.
(5) The Commission shall confirm as to whether representation is made on the basis of the principle of inclusiveness and proportion or not after submission to the Commission of the closed list of the candidates received from the Political Parties pursuant to Sub-section (3) and inform the concerned Political Party to make correction therein within seven days. After getting information accordingly, the concerned party shall amend and forward the closed list of candidates within seven days and the closed list of candidates so received shall remain as the final list.
(6) The Political Party shall submit to the Commission within such time as specified by the Commission the name list of candidates selected by the decision of the Central Working Committee of the concerned Political Party thereby ensuring proportional representation as prescribed in Sub-section (3) from amongst the candidates whose names have been enlisted to closed list of candidates submitted to the Commission pursuant to the said Sub-section in the proportion of the votes secured by that Political Party in the election held under Proportional Electoral System . The Commission shall declare that the candidates whose names have been enlisted in the name list of candidates so received by the Commission have been elected.
(7) In cases where the number of the concerned group in the name list of the elected candidates to be submitted by a Political Party pursuant to Sub-section (6) is indices but not full mark, the Election Commission shall recognize the name list of candidates sent by the concerned Political Party by setting out the name in the full mark rightly below or above such indices in the group not exceeding the seats which the concerned Political Party is entitled to declare as elected.
(8) The Commission shall scrutinize as to whether the name-list of the candidates submitted to the Commission upon selection pursuant to Sub-section (6) ensures proportional representation as referred to in Sub-section (3) or not. Provided that, while examining the candidates, the Commission may recognize an increase or decrease of up to ten per cent of the total number of each group.
(9) If it appears upon scrutinizing by the Commission pursuant to Sub- section (8) that the name list of candidates submitted by the concerned Political Party after selection does not ensures the proportional representation as referred to in Sub-section (3), the Commission shall write to the concerned Political Party to correct and submit the name-list accordingly.
(10) The concerned Political Party shall submit the amended name list of candidates to the Commission for the purpose of Sub-section (6) within three days from the date of request made by the Commission pursuant to Sub-section (9).
(11) If proportional representation as referred to in Sub-section (3) is not found in the amended name list of candidates submitted to the Commission pursuant to Sub-section (10), the Commission shall declare that the candidates of the concerned Political Party have proportionately been elected to the seats in such per cent as the name list of the candidates in such number of any group that ensures representation as referred to in Sub-section (3) is received. Provided that, the Commission may recognize an increase or decrease of up
to ten per cent of the total number of each group while declaring the elected candidates.
(12) The Commission must make public the information of election of candidates pursuant to this Section and must give notification thereof to the concerned Political Party.
(13) The names of the candidates shall not be allowed to be enlisted in the closed list of candidates to be prepared and submitted to the Commission pursuant to this Act thereby getting exceeded the number of total member
determined for the Proportional Electoral System.
(14) Notwithstanding anything contained elsewhere in this Section, the Election Commission shall recognize an increase or decrease made by a political party, which enlists less than twenty percent candidates out of the total number of the members to be elected under the proportional electoral system, in the percentage by having representation of the other groups, to the extent possible, in such a manner as to have equal number of women and men candidates in the percentage specified under Schedule-1 while preparing a closed list by that political party for the purpose of the election under that electoral system pursuant to sub-section (3), and the selection of any candidate selected from amongst the candidates enlisted in the closed list of candidates by the concerned political party of which only one candidate is elected.

8. The Closed list of candidates to remain valid throughout the term of office of the Constituent Assembly:

(1) The closed list of candidates submitted by the Political Parties pursuant to Section 7, shall remain valid throughout the term of office of the Constituent Assembly.
(2) If any post of a member of the Constituent Assembly elected under the Proportional Electoral System falls vacant due to death, resignation, defection or for any other reason, the candidates selected by the Central Working Committee of the concerned Political Party from amongst the list enlisted in the closed list of candidates upon ensuring representation pursuant to Sub-section (3) of Section 7 shall be deemed elected .

9. Election to be invalidated:

(1) If a question arises that any candidate enlisted in the closed list of candidates by any Political Party for the purpose of election under the Proportional Election System is ineligible and becomes ineligible pursuant to Article 65 of the Constitution and if the Commission holds him/her ineligible upon making necessary investigation to that effect, the candidacy of such candidate shall be invalid. Provided that, the Commission shall give reasonable opportunity to the concerned candidate to defend him/her prior to deciding by the Commission

Chapter – 3

Chapter – 3

Returning Officer, Polling Officer and Other Employees

10. Appointment of Returning Officer :

(1) The Commission may as per necessity, appoint the Returning Officer to carry out, or cause to be carried out, the functions required to be carried out in the election constituencies pursuant to the onstitution,
(2) While appointing the Returning Officer pursuant to Sub-section (1), the Commission may appoint a judge with the approval of the Judicial Council as referred to in proviso clause of Sub-article (1) of Article 110 of the Constitution
and at least Gazetted Second-class Officer of the Nepal Judicial Service in consultation with the Judicial Service Commission.

11. Functions, duties and powers of Chief Returning Officer:

(1) It shall be the duty of the Chief Returning Officer to give necessary directions upon co- coordinating and supervising the functions relating to election in the election constituencies within the District assigned to him/her subject to the direction given by the Commission.
(2) The Chief Returning Officer shall also carry out the functions and duties of Returning Officer in the election constituency assigned to him/her.

12. Functions, duties and powers of Returning Officer:

(1) It shall be the duty of the Returning Officer to freely and impartially carry out, or cause to be carried out, all the functions relating to holding election in the election constituency assigned to him/her, subject to the directions given by the Commission.
(2) Other functions, duties and powers of the Returning Officer shall be as mentioned in the orders, directives and manuals issued by the Commission.
(3) The Returning Officer may delegate his/her powers to the personnel assigned to the act of election as and when so required.
(4) No powers to examine accept or invalidate or cancel the nomination papers, and to count votes and declare the results of the vote counting may be delegated.

13. Appointment of Assistant Returning Officer and other employees:

(1) The Returning Officer may appoint an Assistant Returning Officer and other employees in such a number as prescribed by the Commission.
(2) The Returning Officer may, as per necessity, depute for the act of election the employees of the Government of Nepal or organizations owned or controlled by the Government of Nepal or run under the grant of the Government of Nepal or employees of local bodies or teachers of community schools.

14. Appointment of Polling Officer :

(1) The Returning Officer may appoint the employees of the Government of Nepal or organizations owned or controlled by the Government of Nepal or run under the grant of the Government of Nepal or employees of local bodies or teachers of community schools as the Polling Officers or Assistant Polling Officers in the required number for the concerned constituency.
(2) The Polling Officer and the Assistant Polling Officer appointed pursuant to Sub-section (1), shall get fairly, freely and impartially carried out all of the functions relating to the polling to be held as specified by this Act and the Rules or orders framed under this Act.
(3) Other functions, duties, and powers of the Polling Officer and the Assistant Polling Officer shall be as mentioned in the orders, directives, and manuals issued by the Commission.