Karnali Academy of Health Sciences Act, 2068 (2011)

Karnali Academy of Health Sciences Act, 2068 (2011)
Date of Authentication and Publication
2068/7/3 B.S. (20 Oct. 2011 A.D.)
Act Number 9 of the Year 2068 (2011)
An Act to make provisions relating to
Karnali Academy of Health Sciences
Preamble : Whereas, it is expedient to establish and operate the Karnali Academy of Health Sciences to provide the health services in the backward (Pichhadiyako) areas in a easy way, conduct high standard study and research
activities, to produce skilled human resource necessary in the Health Sciences area and to provide health services to the general public by strengthening health service;
Now, therefore, be it enacted by the Constituent Assembly in the capacity of the Legislature-Parliament pursuant to Article 83 of the Interim Constitution of Nepal, 2063 (2007).

Chapter 1 Preliminary
1. Short Title and Commencement:

(1) This Act may be called as “Karnali Academy of Health Sciences Act, 2068 (2011)”.
(2) This Act shall come into force immediately.
2. Definitions : Unless the subject or the context otherwise requires, in this Act: –
(a) “Hospital” means the Hospital established pursuant to Section 16.
(b) “Hospital Management Committee” means Hospital Management Committee established pursuant to Section 17.
(c) “Vice Chancellor” means the Vice Chancellor as referred to in Section 20.
(d) “Executive Council” means the Executive Council as referred to in Section 11.
(e) “Chancellor” means the Chancellor as referred to in Section  18.
(f) “Selection Committee” means the Selection Committee as referred to in Section 13.
(g) “Dean” means the Dean as referred to in Section 23.
(h) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.
(i) “Director” means the Director as referred to in Section 24.
(j) “Backward Area” means the following districts of the following zones:-
(1) All districts of Karnali Zone,
(2) Jajarkot district of Bheri Zone, and
(3) Bajura, Bajhag and Accham districts of Seti Zone.
(k) “Academy” means the Karnali Academy of Health Sciences established pursuant to Section 3.
(l) “Academic Council” means the Academic Council as referred to in Section 9.
(m) “Registrar” means the Registrar as referred to in Section 22.
(n) “Teacher” means a person appointed for providing education or conduct research in the Academy.
(o) “Rector” means the Rector as referred to in Section 21.
(p) “Educational Institution” means Educational Institution as referred to in Section 15.
(q) “Senate” means Senate of the Academy as referred to in Section 7.
(r) “Pro-Chancellor” means the Pro-Chancellor as referred to in Section 19

Chapter 2 Establishment, Structure and Functions, Duties and Powers of the Academy
3. Establishment of the Academy :

(1) The Karnali Academy of Health Sciences is, hereby, established to provide the health services
in the backward (Pichhadiyako) areas in a easy way.
(2) The Central Office of the Academy shall be located in Jumla district.
(3) The Academy shall be known as Karnali Academy of Health Sciences in English language.

4. Academy to be Autonomous Corporate Body :

(1) The Academy shall be an autonomous corporate body with perceptual succession.
(2) The Academy shall have a separate seal of its own for all of its business.
(3) The Academy may, like an individual, acquire, use, sell or otherwise dispose of movable and immovable property.
(4) The Academy may, like an individual, sue and may be sued in the same name.
(5) The Academy may, like an individual conduct contract, use powers and obey responsibility as per the contract.
5. Structure of the Academy : The organization of the Academy shall be as follows and their collective form shall be the structure of the
Academy:
(a) Senate,
(b) Academic Council,
(c) Executive Council,
(d) Selection Committee,
(e) Education Council,
(f) Faculty,
(g) Research Centre,
(h) Educational Institution,
(i) Hospital,
(j) Other bodies as prescribed.

6. Functions, Duties and Powers of the Academy :

(1) The Academy shall have following Functions, Duties and Powers,-
(a) To carry out study, teaching, training and research in various health related subjects in the
backward areas,
(b) To provide qualitative and accessible health services,
(c) To conclude an agreement with National and International University, Educational Institution
or Hospital for the operation of study, teaching, training and research in the various subjects of
health,
(d) To produce skilled human resource necessary for the qualitative health services,
(e) To maintain co-ordination with National and International University, Educational Institution
or Hospital for the strengthening various programmes to be operated by the Academy and
upgrading quality of such programmes,
(f) To maintain relation, extent and upgrade with National and International University, Academy
and International Institution related to Health and exchange mutual assistance,
(g) To organise or cause to organise workshop, conference, seminar, interaction, health camp and
research in the various subjects of health,
(h) To publish or cause to publish various book, leaflet, pamphlet, awareness poster relating to
Health,
(i) To carry out or cause to carry out other functions as prescribed.
(2) The functions, duties and powers of the Academy shall be exercised and followed by through the organisation of the Academy.

Chapter 3 Constitution, Functions, Duties and Powers of the Senate
7. Constitution of the Senate :

(1) There shall be a Senate to function as the supreme body of the Academy.
(2) The constitution of the Senate shall be as follows: –
(a) Chancellor Chairperson
(b) Pro-Chancellor Vice-Chairperson
(c) Member, National Planning  Commission (Looking after Health
sector) Member
(d) Vice-Chancellor Member
(e) Two person from amongst Vice-Chancellors of Universities
and Academies which provide higher education related to Health
Sciences as nominated by the Senate on the recommendation of
Executive Council Member
(f) Secretary, Ministry of Health and Population Member
(g) Secretary, Ministry of Finance Member
(h) Secretary, Ministry of Education and Sports Member
(i) Rector Member
(j) One person from amongst Deans nominated by the Senate Member
(k) Director Member
(l) President, Jumla District Development Committee Member
(m) Two persons including at least a women from amongst Teachers
nominated by the Executive Council on the recommendation Academic Council Member
(n) One person from amongst Chief of the Educational Institutions Member
nominated by the Senate on the recommendation of Executive Council
(o) Four persons from amongst Dalit, Aadibasi/janjati or backward group
including at least Two female nominated by the Senate on the recommendation of Executive
Council Member
(p) One person from amongst donors nominated by the Senate on the recommendation of Executive
Council Member
(q) One person from amongst the working employees in the Academy
nominated by the Senate Member
(r) Two persons from amongst the people who have made substantial contribution in the development of
the backward area including at least a female nominated by the Senate on the recommendation of
Executive Council Member
(s) Registrar Member-Secretary (3) The tenure of office of the nominated members as referred
to in Sub-section (2) shall be Three years.
(4) In case the office of the nominated members falls vacant for any reason whatsoever, another person shall be nominated for the remaining term having fulfilled the same process.
(5) The procedures relating to the meetings of the Senate shall be as prescribed.
8. Functions, Duties and Powers of the Senate: The functions, duties and powers of the Senate shall be as follows:
(a) To approve policies, plans and programmes of the Academy,
(b) To approve annual budget of the Academy,
(c) To approve Rules of the Academy,
(d) To award scholarships, degrees, certificates, medal and prize to be conferred by the Academy,
(e) To award honorary degrees as prescribed,
(f) To guide and provide necessary direction to various bodies under the Academy,
(g) To submit necessary recommendation to the Government of Nepal while formulating National Health and Educational Policy,
(h) To approve annual report of the Academy,
(i) To discuss on audit report and to approve it,
(j) To manage or cause to manage relating to establishment of Educational Institutions as per necessary,
(k) To perform other functions as may be prescribed.

Chapter 4 Constitution, Functions, Duties and Powers of Academic Council
9. Constitution of Academic Council :

(1) There shall be an Academic Council to manage and regulate the educational, academic
and research functions of the Academy.
(2) The Academic Council shall be constituted as follows:
(a) Rector Chairperson

(b) Five persons from amongst Chairperson of various Subject Committees of the Academy
nominated by the Senate on the recommendation of Executive Council Member
(c) Director Member
(d) Heads of the Curriculum and Examination Department of the Academy Member
(e) Two persons including at least One women from amongst Teachers nominated by the
Senate on the recommendation of Executive Council Member
(f) Two persons including at least One woman from amongst the persons who have made substantial contribution in the field of Health nominated by the Senate on the recommendation of Executive Council Member
(g) The Dean designated by the Vice- Chancellor from amongst the Deans Member- Secretary
(3) The tenure of office of the nominated members as referred to in Sub-section (2) shall be Three years.
(4) In case the office of a nominated member falls vacant for any reason whatsoever, another person shall be nominated for the remaining term having fulfilled the same process.
(5) Procedures relating to the meetings of the Academic Council shall be as prescribed.
10. Functions, Duties and Powers of the Academic Council : The  functions, duties and powers of the Academic Council shall be as follows:–
(a) To formulate necessary policies, plans and programmes to systematise and regularise the educational, academic and research functions and submit for the approval in the Senate,
(b) To operate or cause to operate study and research programmes to award education in different subjects and
levels relating to Health Sciences,
(c) To determine the qualification of the Teachers necessary for the Academy,
(d) To approve curriculum and set the standard of study, research, training and orientation to be operated by the
Academy,
(e) To select the students,
(f) To fix the standards of examination,
(g) To conduct examination and publish result,
(h) To recommend to Senate for degrees to the students who get
success in the study programme conducted by the Academy,
(i) To recommend to Senate for honorary degrees, scholarship,
medal and prize to be conferred by the Academy,
(j) To prepare standard text books,
(k) To evaluate study, research, training and orientation
programme to be operated by the Academy,
(l) To determine the fees to be charged for study, training and
research,
(m) To implement and execute the decision of Senate relating to
Academic Council and to monitor,
(n) To perform such other functions as prescribed.

Chapter 5 Constitution, Functions, Duties and Powers of Executive Council
11. Constitution of Executive Council :

(1) There shall be an Executive Council to act as the executive body of the Academy.
(2) The Executive Council shall be constituted as follows:
(a) Vice-Chancellor Chairperson
(b)  Rector Member

(c) One person from amongst the Deans  Member
(d) One person from amongst the Chiefs of the Educational Institutions who is a member of
Senate  Member
(e) Director Member
(f) One person from amongst the Teachers Member
(g) Registrar Member- Secretary
(3) The members as referred to in Clauses (c), (d) and (f) of Sub-section (2) shall be nominated by the Pro-chancellor on the recommendation of the Vice-Chancellor.
(4) The tenure of office of the nominated members as referred to in Sub-section (2) shall be Three years.
(5) Procedures relating to the meetings of the Executive Council shall be as prescribed.

12. Functions, Duties and Powers of the Executive Council :

The functions, duties and powers of the Executive Council shall be as  follows:
(a) To execute or cause to execute the decisions and directives of the Senate,
(b) To prepare draft of the Rules relating to the Academy and submit them to the Senate for approval,
(c) To prepare policies, plans, annual programmes, progress report, annual budget, audit report and other resolutions and introduce them to the Senate for approval,
(d) To evaluate and monitor the functions carried out by the bodies under the Academy and to direct such bodies as per necessity,
(e) To operate, look after and protect, sell, or lease or contract the fund and movable and immovable property of the
Academy subject to the policy, guidelines of the Senate, Provided that, prior approval of the Government of
Nepal shall be taken to sell the immovable property which was received from the Government of Nepal.
(f) To appoint and promote teachers and employees necessary for the Academy on the recommendation of the Selection Committee,
(g) To accept various kind of assistance to the Academy,
(h) To carry out other functions as prescribed

Chapter 6 Constitution, Functions, Duties and Powers of Selection Committee
13. Selection Committee :

(1) In order to recommend for the appointment and promotion of the teachers and employees of the
Academy, there shall be a Selection Committee.
(2) The Selection Committee shall have the following Chairperson and members,-
(a) A person from amongst the persons who obtained at least Masters Degree in Health Sciences having working
experience of Ten years in health sector or special class or who has fulfilled the managerial or academic responsibility as a Special Class Officer or Professor Chairperson
(b) One person from Member amongst Teachers (c) Registrar Member
(3) The Chairperson and the member as referred to in Clauses (a) and (b) of Sub-section (2) shall be appointed by the Senate.
(4) The tenure of office of the Chairperson and the nominated member of the Selection Committee shall be Four years.
(5) Other functions, duties and powers of the Selection Committee shall be as prescribed.
(6) Remuneration, facilities and other conditions of service of the Chairperson and facilities of the members of the Selection Committee shall be as prescribed.
(7) Procedures relating to the meetings of the Selection Committee shall be as prescribed

Chapter 7 Educational Council, Educational Institutions,  Hospital and Other Bodies
14. Provision relating to Education council, Faculty and Research Centre :

(1) The Academy may establish Education council, Faculty and Research Centre.
(2) The constitution, functions, duties and powers of the Education council, Faculty and Research Centre established pursuant to Sub-section (1) shall be as prescribed.

15. Establishment and Operation of Educational Institutions :

(1) The Academy may establish Educational Institutions as per necessity in order to carry out study and research activities in the various subjects relating to Health Sciences.
(2) The operation of the Educational Institutions established pursuant to Sub-section (1) shall be as prescribed.

16. Establishment and Operation of Hospital :

(1) The Academy shall establish Hospital in order to carry out high standard study or research activities in Health field and to provide qualitative and easy health service.
(2) The Karnali Zonal Hospital established and operated as per prevailing law at the time of the commencement of this Act shall be deemed to have been established pursuant to Sub-section (1).
(3) The operation and management of Hospital shall be as prescribed.

17. Hospital Management Committee :

(1) There shall be a Hospital Management Committee for the well operation of the Hospital under the
Academy.
(2) Constitution, functions, duties and powers of the Hospital Management Committee shall be as prescribed.

Chapter 8 Official, Teacher and Employee of the Academy
18. Chancellor:

(1) The Prime Minister shall be the Chancellor of the Academy.
(2) The Chancellor shall be the chief of the Academy.

19. Pro-Chancellor :

(1) The Minister or the Minister of State for Health and Population shall be the Pro-Chancellor of the Academy.
(2) The Pro-Chancellor may inspect the Academy and give directions as required.

20. Vice-Chancell r:

(1) The Vice-Chancellor shall be the chief official, working for full-time, at the Academy.
(2) In order to recommend for appointment to the post of Vice-Chancellor, a committee in the Chairpersonship of Pro- chancellor with other Two members shall be constituted by the Chancellor and the Chancellor shall appoint Vice-chancellor from the recommendation of such Committee.
(3) The tenure of office of the Vice-Chancellor shall be Four years.
(4) The functions, duties and powers and remuneration, facilities and conditions of service of the Vice-Chancellor shall be as prescribed.

21. Rector: (1) The Rector of the Academy shall be appointed by the
Pro-Chancellor on the recommendation of the Vice-Chancellor for
the supervision of the educational and academic functions of the
Academy.
(2) The Rector shall be a full-time official.
(3) The tenure of office of the Rector shall be Four years.
(4) Other Functions, Duties and Powers, Remuneration,
Facilities and Conditions of Service of the Rector shall be as
prescribed.

22. Registrar:

(1) The Registrar of the Academy shall be appointed by the Pro-Chancellor on the recommendation of the Vice-Chancellor for the supervision of the financial and administrative functions of the Academy.
(2) The Registrar shall be a full-time official.
(3) The tenure of office of the Registrar shall be Four years.
(4) Other Functions, Duties and Powers, Remuneration,  Facilities and Conditions of Service of the Registrar shall be as  prescribed.

23. Dean :

(1) The Dean shall be appointed by the Vice-chancellor to carry out the functions as a Chief of the faculty of the Academy.
(2) The Dean shall be a full-time working paid official.
(3) The tenure of office of the Dean shall be Four years.
(4) Other Functions, Duties and Powers, Remuneration, Facilities and Conditions of Service of the Dean shall be as
prescribed.

24. Director :

(1) The Director shall be appointed by the Vice-chancellor on the recommendation of Registrar to carry out the function as an administrative chief of the Hospital.
(2) The tenure of office of the Director shall be Four years.
(3) Other Functions, Duties and Powers, Remuneration, Facilities and Conditions of Service of the Director shall be as prescribed.

25. Other Officials :

(1) There shall be other Officials at the Academy as prescribed.
(2) The appointment, Functions, Duties and Powers,
Remuneration, Facilities and Conditions of Service of the Officials as referred to in Sub-section (1) shall be as prescribed.

26 . Removal from Office :

(1) If One Fourth of the currently existing members of the Senate make an application in writing to the
Chancellor that the Vice-Chancellor, Rector or Registrar are failing to perform the duties of their respective posts or not performing their duties honestly or not abiding by the conduct as required to their post, the
Chancellor shall form Three members Inquiry Committee under the chairpersonship of the member of the Senate consisting member of the Senate and Secretary at the Ministry of Health and Population.
(2) In case Inquiry Committee as referred to in Sub-section (1) recommends that the Vice-Chancellor, Rector or Registrar are failing to perform the duties of their respective posts or not performing their duties
honestly or not abiding by the conduct as required to their post and it such report is approved by the Senate, the Chancellor shall remove Vice-Chancellor, Rector or Registrar from office.
(3) In case, an Inquiry Committee is constituted pursuant to Sub- section (1), such Official shall be ipso facto suspended till the matter is decided by the Senate as referred to in Sub-section (2).
(4) The process of removal from office to other Official besides the Vice-Chancellor, Rector or Registrar shall be as prescribed.
(5) The Inquiry Committee shall give a reasonable opportunity to defend himself/herself before the recommendation of removing from the office to the Official as referred to in Sub-section (2).

27 . Teacher and Employee of the Academy :

(1) There shall be teachers and employees at the Academy in required numbers.
(2) The teachers and employees of the Academy shall be appointed on the recommendation of the Selection Committee as prescribed.
(3) The functions, duties and powers, remuneration, facilities and conditions of service of the teachers and employees of the Academy shall be as prescribed

Chapter 9 Fund, Account and Audit of the Academy
28. Fund of the Academy :

(1) There shall be a separate fund of the Academy.
(2) The fund as referred to in Sub-section (1) shall consist the following amounts:
(a) Amounts received from Government of Nepal,
(b) The amount received from educational fees and service fees,
(c) The amount received as assistance or loan from  national and foreign individual, associations,
institutions or foreign government,
(d) Amount to be received from any other source.
(2) While receiving any amount from foreign individual,  association, institution or government pursuant to Clause (c) of Sub- section (1), the Academy shall have to obtain approval of
Government of Nepal.
(3) The amount of the fund of the Academy shall be deposited in an account opened in the commercial bank.
(4) All expenditure of the Academy shall be borne from the fund pursuant to Sub-section (1).
(5) The fund and account of the Academy shall be operated as prescribed.

29. Accounts and Auditing :

(1) The accounts of incomes and expenditures of the Academy shall be maintained as per prevailing laws.
(2) The audit of the accounts of the Academy shall be carried out by the Auditor General

Chapter 10 Miscellaneous
30. Not to provide Affiliation : The Academy shall not provide an affiliation to any educational institution.

31. To Act in Accordance with National Health and Education Policy : It shall be the duty of the Academy to act in accordance with the National Health and Education Policy approved by Government of Nepal.

32. Provision relating to Reservation :

(1) The Academy shall manage the reservation of at least Forty-five percent to be admitted in every educational calendar upto Bachelor’s degree in every level to the Nepali student who permanently residing in backward area and
passes School Leaving Certificate from Community School of such backward area.
(2) The Academy shall manage the reservation as prescribed in the admission in Master’s degree level to the Nepali student who permanently residing in backward area and passes School Leaving Certificate from Community School of such backward area and received higher education from Higher Secondary School or educational institution of such area.
(3) The priority shall be provided to women, dalit, aadibasi/janjati, madhesi and backward class student in the reserved quota as referred to in Sub-sections (1) and (2).
(4) The student shall be selected for reservation as referred to in Sub-section (1) on competition.

33. Priority shall be given to the students in admission :

(1) The Academy shall provide priority to the persons who have served in the Health Institution of remote area for the prescribed period while admitting students at various level.

34. Scholarship shall be provided :

(1) The Academy shall provide full scholarship at least Twenty percent of the total student admitted in every educational calendar to poor students.
Explanation : For the purpose of this Section “Poor” means the student who studied and passed School Leaving Certificate from Governmental/Community School and recommended as poor from Village Development Committee or Municipality on prescribed grounds.
(2) The Twenty percent as referred to in Sub-section (1) shall count as cent percent and only Forty-five percent of such cent percent scholarship shall be provided to women, dalit, adibasi/janjati, madhesi and backward area student.
(3) The Academy may provide partial scholarship to poor student.
(4) The grounds of providing scholarship as referred to in Sub- sections (1) and (2) shall be as prescribed.
(5) Any institution or association may provide scholarship to any student to study in the Academy.

35. To serve in the prescribed place :

(1) The student who studies in  the Academy in scholarship or reservation as per this Act shall have
to serve in the remote area upto a prescribed period.
(2) If an institution or association prescribes a condition to a student studied in the scholarship provided by such institution or association to serve in a place for a specified period, he/she shall have to serve as per such condition and if such condition is not prescribed one shall has to serve as referred to in Sub-section (1).
(3) The student, admitted in the Academy in priority as referred to in Section 33, shall have to work in the remote area upto a period as prescribed by the Academy.
(4) The Academy shall award permanent educational certificate to student when one serves full period as referred to in Sub-sections (1), (2) and (3) who studied in the reservation pursuant  to Sub-section (1) and (2) of Section 32 and priority or scholarship pursuant to Section 33 and 34.
(5) The Academy may make necessary arrangements to the students to encourage to serve in the health institution of remote areas after their study besides the student who studied in reservation, priority or scholarship pursuant to Sections 32, 33 and 34.

36. Annual report :

(1) The Academy shall submit its annual report stating its functions and activities within a year to the Government of
Nepal within Three months of the expiry of every fiscal year.
(2) The report as referred to in Sub-section (1) shall include brief details of the functions performed with in a year and achievements of the Academy in addition to other details.

37. Delegation of powers : (1) The Senate may delegate any of the powers conferred to it under this Act to the Academic Council, Executive Council or the Vice-Chancellor.
(2) The Academic Council, Executive Council or Selection Committee may delegate any of the powers conferred to it under this Act to any Officials or any subordinate bodies.

38. Act not to be invalid : Where an act has been done after the vacancy of a post of any official or member of the Academy or on occurrence of any error in the appointment of official or member,
such act of the Academy shall not be invalid merely on such ground.

39. May provide Direction : The Government of Nepal may give  direction in relation of the functions and activities of the Academy and the Academy shall have a duty to abide by such direction.

40. Liaison with Government of Nepal : Ministry of Health and Population shall liaison the Academy with the Government of Nepal.

41. Oath to be taken : The Officials of the Academy shall have to take an oath prior to holding the office in the prescribed format.

42. Employee may remain in the Academy : (1) If an employee of the Nepal Health Service serving in the Karnali Zonal Hospital, Jumla at the time of commencement of this Act desires to serve in the Hospital, he/she shall submit an application within Six months of the commencement of Service Rules framed hereunder to the
Ministry of Health and Population.
(2) If the Government of Nepal provides an approval to remain as an employee of the Academy to the employee who submits an application pursuant to Sub-section (1), he/she shall be deemed to be an employee of the Academy.
(3) The period served in the Health Service by an employee who wants to remain as an employee of the Academy pursuant to Sub-section (2) shall be counted as a service period of the Academy.

43. Power to Frame Rules : For the implementation of the objectives of this Act, the Academy may frame necessary Rules. Provided that, consent of the Government of Nepal shall be obtained while making Rules on matters involving financial burden on the Government of Nepal.

44. Repeal and Savings :

(1) The Karnali Zonal Hospital Development Committee (Formation) Order, 2068 (2011) is, hereby, repealed.
(2) The teachers and employee served in the Development  Committee pursuant to Sub-section (1) shall be deemed to have been transferred in equal post and level of the Academy.
(3) All functions and proceedings performed as per Order pursuant to Sub-section (1) shall be deemed to have been performed under this Act.
(4) The movable, immovable property, transactions, loans, assets as well and rights and obligations as per Order pursuant to Sub-section (1) shall be deemed to have been devolved on the Academy.
(5) The Committee constituted as per the Order pursuant to Sub-section (1) shall carry out functions of the Hospital
Management Committee till the constitution of the Hospital Management Committee pursuant to this Act.