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12A. Entitlement to get compensation for mala fide preventive detention

12A.1 Notwithstanding anything contained in Section 11, if a person held under preventive detention deems that he/she was kept under preventive detention in contravention of this Act or in bad faith, may file a case before District Court during a term of detention or within a period of Thirty Five days from his/her release upon claiming for a compensation from the Local Authority who issued such order.

12A.2 If the claim mentioned in complaint lodged pursuant to Sub-section

12A.1, is proved, the district court may pass a judgment for providing a reasonable compensation to the complainant from the Government of Nepal upon considering the factors such as the duration of preventive detention, the age and social prestige of detainee and economic loss faced by him/her due to preventive detention.

12A.3 The Local Authority may request the office of government attorney to defend him/her in relation to the complaint lodged pursuant to Sub-section 12A.1 and government attorney shall defend him/her in court of law.

Nepal Tourism Board Act, 2053

Act No 25 of 2053 (1997)
An Act Made to Provide for the Establishment and Management of
Nepal Tourism Board

Preamble: Whereas it is expedient to establish Nepal Tourism Board and its operation for considerably increasing national production, foreign currency, earning and the creation maximum opportunities of employment by developing Nepal internationally as an attractive and reliable tourist destination through development, expansion and promotion of tourism whilst protecting and promoting natural and cultural heritage and the environment of the country. Be it enacted by the Parliament in the 25 th year of the reign of His majesty King Birendra Bir Bikram Shah Dev.

Chapter-1

Chapter-1 Preliminary
1. Short Title Commencement :

(1) This Act may be called “Nepal Tourism Board Act, 2053 (1997)”.
(2) This Act shall come into force from the date as specified by the Government of Nepal by publishing it in Nepal Gazatte.

2. Definition:

Unless the Subject or context requires otherwise, in this Act:
(a) “Board” means “Nepal Tourism Board” established under Section 3.
(b) “Committee” means Executive Committee constituted under Section 3.
(c) “Chairperson” means the Chairperson of the committee.
(d) “Vice Chairperson” means the vice Chairperson of the committee.
(e) “Member” means the member of the committee and this word also includes the Chairperson, vice Chairperson and the member secretary of the committee.
(f) “Chief Executive Officer” means the Chief Executive Officer of the Board appointed under Section 14.
(g) “Tourist” means non-Nepali citizen coming to visit Nepal from foreign country.
(h) “Tourist business” means
(1) A transaction of providing national and international transportation service to tourist.
(2) A transaction of the nature of providing full or partial transportation, lodging, travelling arrangement, restaurant service, sightseeing, guiding, mountaineering, rafting,   and other adventures and entertaining service and other services to the tourists in any place within or outside
Nepal and earning foreign currency therefrom.
(3) A transaction or selling fully or partially retails goods to the tourists.
(4) Carrying out any other full or partial presentation of art and culture, or any other types of exhibition, event or  fair, publicity campaign conducted to attract tourist also includes the business under Sub-clause (1), (2) and (3).
(i) “Prescribed” or “As Prescribed” means prescribed or as prescribed in the, Act or Rule or Bye laws made under this Act.

Chapter – 2

Chapter – 2 Establishment and Management of the Board
3. Establishment of the Board:

(1) A Board, by the name of Nepal Tourism Board is hereby established to develop, expand and promote tourism business to present Nepal in the international arena as a fascinating tourist destination.
(2) The Central Office of the Board shall lie in Kathmandu Valley and the Board may open its branch or Sub-branch in any place within or outside Nepal as per necessity.

4. Board to be an Autonomous Body:

(1) The Board shall be an autonomous and corporate body with perpetual succession.
(2) The Board shall have a separate seal for its function and action.
(3) The Board, like a person may acquire, enjoy, sell or otherwise manage its moveable and immovable property by its own name.

(4) The Board like a person may sue or be sued by its name.

5. Objectives of the Board:

The objectives of the Board shall be as follows:
(a) To introduce Nepal in the International arena by developing it as a fascinating tourist destination.
(b) To develop, expand and promote tourism business upon protecting and promoting natural and cultural heritage, and environment of the country.
(c) To create maximum employment opportunities by increasing national production and foreign currency earning through the development, expansion and promotion of tourism.
(d) To establish Nepal’s image in a high and dignified way in the international tourism community by developing Nepal as a safe, reliable and attractive tourist destination.
(e) To conduct or cause to be conduct functional research, as per necessary, for finding out ways and means to solve problems encountered in tourism sector so as to provide qualitative
services to the tourist.
(f) To assist in establishing and developing institutions necessary for tourism development.

6. Functions, Powers and Duties of the Board:

The functions, powers and duties of the Board shall be as follows:-
(a) To act as the representative of the Government of Nepal or of any person or institution/body with the approval of the Government of Nepal for carrying out any activities related to  tourism.
(b) To formulate and implement or cause to be implemented necessary program on infrastructure development, tourist service, facility extension, human resource development and  including others the activities related with environmental protection in the tourist destinations for the establishment, improvement, development, extension, promotion and protection of tourism business.
(c) To develop Nepal as an attractive tourist destination being involved in formulating programs for increasing facilities to the tourists.
(d) To coordinate activities of persons, institutions and bodies who provide services to the tourists.
(e) To prepare technical and financial foundations necessary for the development and extension of tourism business and implement program related to tourism development accordingly.
(f) To promote or cause to be promoted to the optimum level of the participation of the private sector in various activities related with tourism for the development, extension and promotion of
tourism business.
(g) To motivate private sector for the sightseeing of religious and culturally important places, high mountains (Himalayan) and alluring natural beauty of the country by exploiting the existing
physical infrastructures related with tourism in a systematic and effective way.

(h) To gradually develop Nepal as an adventurous and attractive tourist destination; to carry out and cause to be carried out in various parts of Nepal recreational and adventurous tourism
activities based on water, land and air without causing adverse effect on original culture, and tradition and to encourage the private sector to carry out such adventurous tourist activities.
(i) To organize international seminars and conferences, trade fairs, cultural and youth festivals and sports competitions including other constructive and production related tourism promotional
activities and also to encourage private sectors to run such activities.
(j) To encourage the participation of the local community in various activities related to the protection of historically important places, temples and Stupas.
(k) To give priority to strengthen tourism infrastructures and facilities for rural tourist destinations upon developing new tourist destinations and to motivate local community to run  various rural tourism developments programs.
(1) To mobilize or cause to be mobilized the investment to develop infrastructure in the new tourist destinations.
(m) To protect and promote holy religious places, to extend facilities and services in such places of religious and cultural  importance to attract more tourists and to develop religious
tourism, and to develop or cause to be developed such places as international religious centers.
(n) To develop or cause to be developed Nepal as a principal tourist center of the world by competitively promoting tourism in international tourism origin markets.
(o) To develop and promote wildlife observation tourism.
(p) To develop cross-country tourism activities based on mutual benefits by coordinating with the friendly countries.
(q) To formulate, implement or cause to be implemented publicity programs on various levels for increasing tourism awareness.
(r) To standardize services and facilities provided to the tourists by the tourism entrepreneurs and to make special arrangement for the security of the tourists.
(s) To cause to implement the code of conduct through the respective professional organizations to increase the standards of the tourist services and facilities.
(t) To extend cooperation for conducting necessary training and orientation programs in order to provide technical knowledge, orientation and technical support to individuals and institutions
involved in tourism business.
(u) To provide, from time to time, necessary suggestions and consultations for the development of tourism business to the Government of Nepal and Tourism Council constituted by The
Government of Nepal.
(v) To request The Government of Nepal to take necessary action under prevailing laws against institutions not providing  qualitative services as per the quality standard to be followed
by agencies related with tourism business.

(w) To provide and cause to be provided necessary services and consultations to tourists and tourism entrepreneurs in matters related to tourism.
(x) To spend, in the respective areas, the money received from the Government of Nepal and from institutions under government’s ownership and other nongovernmental organizations for tourism
promotion, infrastructure development, tourism service and services extension.
(y) To extend co-operation for internal tourism development by providing assistance on necessary services or facilities to Nepali tourists.
(z) To purchase or acquire the share or bond of any corporate body  involved in tourism business.
(aa) To invest in a business supporting tourism promotion.
(ab) To conclude agreement with foreign or international organization with the approval of the Government of Nepal for the fulfillment of the Board’s objectives.
(ac) To approve necessary budget for conducting Board’s annual programs.
(ad) To do or cause to be done other necessary activities related
with the development, extension and promotion of tourism.

7. Board may Collect Necessary Service Fee:

The Board may collect service fee as prescribed, for directly or indirectly providing consultation or service to the tourists or tourism entrepreneurs.

8. Board may Mobilize Financial Resources:

To run its programs, the Board may mobilize necessary financial resources including loan, grant, donation or gift from the Government of Nepal, government  undertaking, nongovernmental organization, foreign government or international institutions or bodies.

Chapter – 3

Chapter – 3 Composition, Function, Powers and Duties  Of the Executive Committee
9. Composition of the Committee:

(1) An Executive Committee shall  be constituted to systematically execute and cause to be executed
programs and to take care of and manage all the activities of the Board for achieving its objectives.
(2) The committee shall consist of the following members:-
(a) Secretary, Ministry of Civil Aviation – Chairperson
(b) A member selected by the Board members from amongst the members
nominated under Clause (g) – Vice Chairperson

(c) Joint Secretary, Ministry of Finance – Member

(d) Director General, Department of
Immigration – Member
(e) One at least gazetted first class Officer nominated by the Government of Nepal
from any other ministry related with tourism development -Member
(f) Director General, Civil Aviation
Authority of Nepal -Member
(g) Five individuals nominated by the Government of Nepal Subject to Section
10 from among the tourism entrepreneurs involved in tourism promotion activities and experts on
tourism, natural or cultural heritage -Member
(h) Chief Executive Officer -Member-Secretary
(3) The tenure of office of the members nominated as per Clause (g) of Sub-section (2) shall be of three years, and on the expiry of such tenure they may be nominated for one more term.
(4) The committee may designate any member to act as a Member Secretary of the Committee until the Chief Executive Office has been appointed as per Section 14.
Provided that the Chief Executive Officer shall be appointed within three months from the date of designation of a member secretary to a member
(5) The committee, if considers necessary, may invite any native expert or advisor or renowned personality concerned with tourism to take part in the meeting of the committee as an observer.

10. Nomination Recommendation Committee:

(1) There shall be a nomination recommendation committee consisting of the following
members to Submit recommendation for the nomination of members under Clause (g) of Sub-section (2) of Section 9.
(a) A person designated by the Government of Nepal -Chairperson
(b) Two persons nominated by the Government of Nepal from amongst the persons concerned
with tourism business and tourism promotion sector -Member
(2) The Nomination Recommendation Committee formed under Sub-section (1) shall, while recommending persons for nominating members pursuant to Clause (g) of Sub-section (2) of
Section (9) from among tourism entrepreneurs involved in tourism promotion or from among tourism promotion experts, recommend the names, of the persons up to 50% more (1.5) then the number of the members to be nominated. The Government of Nepal shall nominate  .the members from among the persons so recommended.
(3) The Nomination Recommendation Committee formed under Sub-section (1) may itself determine the procedures to be applied for recommendation as per Subsection (2).

11. Meeting and Decision of the Committee:

(1) The meeting of the committee shall take place at least once in two months on the date,
time and place determined by the Chairperson. Provided that, the Chairperson, if so desires, may call the meeting earlier than that.
(2) Notwithstanding anything contained in Sub-section (1), if one third of the members of the committee request in writing to call the meeting of the committee, the Member Secretary of the
committee shall, with the approval of the Chairperson, call the meeting of the, committee within 30 days.
(3) The Member Secretary of the committee shall make available the notice along with the agenda of the meeting to all the members of the committee Twenty Four hours before the meeting
takes place.
(4) The Chairperson shall preside over the meeting of the committee and in his absence, the vice-Chairperson shall preside over the meeting of the committee. In the absence of both the Chairperson and vice-Chairperson, a member selected from among the members shall preside over the meeting.
(5) The presence of fifty-percent members out of total number of the committee members shall constitute a quorum of the meeting.
(6) The decision of the majority shall prevail over the meeting and in case of tie, the Chairperson shall cast decisive vote.
(7) The Member Secretary of the committee shall attest the decision of the committee.
(8) Other procedures for the meeting of the committee shall be as determined by the committee itself.

12. The Functions, Powers and Duties of the Committee.

(1) It shall be the duty of the committee to exercise the powers and perform the duties entrusted to the Board and to perform all the activities to be so performed Subject to this Act and Rules and Bye-laws thereunder.
(2) It shall be the duty of the committee to perform other activities necessary for the achievement of the objectives of the Board in addition to the function, duties set-forth in Sub-section (1).

13. Sub-Committee may be Formed (1) The committee may form Sub-
committees to carry out its activities as deemed necessary.
(2) The functions, powers duties, scope of work and the tenure of the Sub-committees formed under Sub-section (1) shall be as prescribed by the committee.

Chapter-4

Chapter-4 Provision concerning to Chief Executive Officer and Employees
14. Appointment of the Chief Executive Officer:

(1) The committee shall appoint a person with ten years experience in the tourism sector
after having obtained at least a Master Degree in the post of the Chief Executive Officer of the Board to run the day-to-day activities of the Board as an administrative chief.
(2) The tenure of the Chief Executive Officer shall be of four years and may be re-appointed for up to four years.
(3) The remuneration, facilities and terms and conditions of the service of the Chief Executive Officer appointed under Sub- section (1) shall be as prescribed.
(4) Notwithstanding anything contained in foregoing Sub- sections of this Section, the committee may remove the Chief Executive Officer from his/her post, following the process as  prescribed by the committee if he/she has acted against the interest of the Board by causing loss to the Board or has not performed his/her duties according to the policy and direction of the committee.
Provided that, Chief Executive Officer shall be given appropriate opportunity to furnish clarification in his/her favor before removing him/her from the post.

15. The Functions, Powers and Duties of the Chief Executive Officer:
(1) The functions, powers and duties of the Chief Executive Officer shall be as follows:
(a) To execute and cause to be executed the decisions and directions of the committee.
(b) To prepare or cause to be prepared long-term and short- term plan, annual program and budget of the Board.
(c) To execute or cause to be executed the plans and programs approved by the Committee.
(d) To appoint employees necessary for the Board as prescribed.
(e) To convene the meeting of the Committee as directed by the Chairperson.
(f) To work being responsible to the committee.
(g) To perform other necessary activities as the Chief Administrator of the Board to achieve the objectives of the Board.
(2) The other functions, powers and duties other than set- forth in Sub-section (1) shall be as prescribed.

16. Provisions Concerning Employees:

(1) In order to run the activities of the Board smoothly, the Chief Executive Officer may appoint
necessary advisor, officer and other employees as prescribed.
(2) The remuneration, facilities and other terms and conditions of the service of the advisor, officer and other employees appointed pursuant to Sub-section (1) shall be as prescribed.
(3) The employees of the Board, appointed pursuant to Sub- section (1), shall carry out work being responsible to the Committee and the Chief Executive Officer.

Chapter – 5

Chapter – 5 Fund and Auditing
17. The Fund of the Board:

(1) The Board shall have its own separate fund.
(2) The following amounts shall be credited to the Fund created under Sub-section (1):-
(a) Grant and other amounts received from the Government of Nepal.
(b) Assistance, grant or loan received from foreign governments, national and international organizations and associations.
(c) Donation or gifts received from national or foreign organizations or associations or persons.
(d) Assistance, grant or gift received from associations, organizations and persons involved in tourism business.
(e) Service fee received from services and consultations provided to the tourism entrepreneurs.
(f) Amount received from any other source.
(3) The Board shall obtain the Government of Nepal approval before receiving any type of assistance, grant, loan, donation or gift from foreign government, international organizations or association or person.
(4) All expenses to be made on behalf of the Board shall be  borne out from the amount credited to the fund created under Sub- section (1).
(5) The operation of the Board’s Fund shall be as prescribed.

18. Accounts and Audit:

(1) The income and expenditure account of the board shall be maintained according to the auditing system applied by the Government of Nepal.
(2) The Auditor General or any other auditor prescribed by him/her shall perform the audit of the Board.
(3) The auditor shall prepare and Submit a report to the committee showing the position of annual transaction, balance sheet, profit, loss and other transactional dealings of the Board.

Chapter – 6

Chapter – 6 Miscellaneous
19. May seek Recommendation or Consultation of the Board:

(1) If a person applies to the concerned authority for permission to run any profession related to tourism, such authority may ask for the recommendation or suggestions of the Board prior to giving permission.
(2) When a person applies to the concerned authority for permission to run a hotel, such authority may ask for the recommendation and suggestion of the Board prior to giving   permission for establishing or running a hotel.

20. The Government of Nepal may Provide Grant:

(1) The Government of Nepal may provide the amount required to the Board as grant.
(2) Notwithstanding anything contained in Sub-section (1), the Government of Nepal shall not be obliged to provide grant amount to the Board if there exist sufficient grounds to believe that
the Board itself has become economically capable to carryout its programs.

21. Annual Report:

(1) The Chief Executive Officer shall have to Submit an annual report of the activities of the Board to the Committee within three months of the date of expiry of the fiscal year and shall make available a copy thereof to the Government of Nepal as well.
(2) The Chief Executive Officer shall make public the annual report of The Board mentioned in Sub-section (1).

22. Delegation of Powers:

(1) The committee may delegate some or all out of its powers to any member, Sub-committee or Chief Executive Officer as per necessity.
(2) The Chief Executive Officer may delegate some or all out of his/her powers to any officer level employee of the Board as per necessity.

23. Meeting Allowance:

The member shall receive meeting allowance as prescribed for taking part in the meeting of the committee.

24. Liaison with the Government of Nepal:

To the Board, Ministry of Tourism and Civil Aviation, the Government of Nepal, shall liaison
with the Government of Nepal.

25. Power to make Rules and Regulations:

(1) The Board may frame necessary Rules for the implementation of the objectives of this Act
and such Rules shall come into force after the approval of the Government of Nepal.
(2) Subject to the Act and Rules made there under, the Board  may make necessary Bye-laws to carryout its activities.

Amending Acts

Amending Acts:
1. The Drugs (First Amendment) Act, 2045 (1988) 2045.7.10 (26 November 1988)
2. The Drugs (Second Amendment) Act, 2057 (2000) 2057.8.14 (29 November 2000)
Act number 21 of the year 2053 (1978) An Act Made to Make Provisions relating to Drugs

Preamble: Whereas, it is expedient to prevent the misuse or abuse of drugs and  allied pharmaceutical substances and false or misleading information relating to the efficacy and use of drugs and to control the production, sale, distribution, export, import, storage and  consumption of those drugs which are not safe for public consumption, efficacious and of standard quality; Now, therefore, His Majesty King Birendra Bir Bikram Shah Dev has, with the aid
and advice of the National Panchayat, enacted this Act.

Chapter- 1 

Chapter- 1 Preliminary
1. Short title, extent and commencement:

(1) This Act may be called as the “Drugs Act, 2035 (1978)”.
(2) This Act shall extend to the whole of Nepal.
(3) Section 1 of this Act shall come into force immediately, and other sections shall come into force in such area and on such date as Government of Nepal may, by notification in the Nepal Gazette, appoint from time to time.

______________________________________
? Notifications on the commencement of the Act:
(a) Sections 3 and 4 of this Act have been appointed to commence forthwith to the whole of Nepal (the
Nepal Gazette dated 2037.3.5 (18 June 1980).
(b) Sections 2, 25, Sub-section (1) of section 34, sections 38 and 39 of this Act have been appointed to
commence forthwith to the whole of the Nepal (the Nepal Gazette dated 2040.3.13 (27 June 1983).
(c) Sections 7, 8, 9, 10, 11 and 37 of this Act have been appointed to commence to the whole of the
Nepal on 2040.12.6 (19 March 1984) (the Nepal Gazette dated 2040.12.6 (19 March 1984).
(d) Sections 20, 21, 22, 23, 24, 28, 29, 30, 33 and Sub-sections (2) and (3) of Section 34 of this Act have
been appointed to commence to the whole of the Nepal on 2043.4.1 (16 July 1986) (the Nepal
Gazette dated 2043.2.12 (26 May 1986).
(e) Sections 12, 13, 14, 15, 16, 17, 18, 19, 32, 35 and 36 o f this Act have been appointed to
commence to the whole of the Kingdom of Nepal on 2046.5.26 (11 September 1989) (the Nepal
Gazette dated 2046.5.26 (11 September 1989).
(f) Section 26 of this Act has been appointed to commence on 2049.8.1 (16 November 1992) (the
Nepal Gazette dated 2049.8.1(16 November 1992).

2. Definitions :

In this Act, Unless the subject or the context otherwise requires,-
(a) “Drug” means any substance to be used for the diagnosis, cure, mitigation, treatment or prevention of a disease in a human being, animal or bird or to be used to destruct vermin or insects which cause diseases in the human being, animal or bird or any substance used to affect the structure or any organic function of the body of a human being, animal or bird or allied ingredients or components to be used for the preparation of such substance.
(b) “Manufacture” means the process of making, preparing, refining, altering, packing, repacking or labeling a drug or any or all of the processes followed in this respect.
Provided that, this term does not include the process of dispensing, packing or repacking a drug prior to its consumption or sale.
(c) “Dispensing” means the issuing of a drug in a suitable container, appropriately labeled and compounded for its subsequent consumption by a patient.
Explanation: For purposes of this Clause, “compound” means the process of mixing two or more specific ingredients to fabricate them into a single drug.
(d) “Label” means the name and other related description of a drug written on the
container of that drug.
(e) “Doctor” means a (doctor) registered pursuant to the Nepal Medical Council Act, 2020 (1964).
(f) “Consumption” means the giving or administering of a drug either by a (doctor) or by a person authorized by the (doctor) to a patient with intention to bring about improvement in his/her physical or mental condition at that time or the taking or administering of such drug by the patient
him/herself according to the prescription written by such doctor.
(g) “Department” means the Department of Drugs Administration constituted pursuant to Section 5.
(h) “Administrator” means the Head of Department.
(i) “Inspector” means a person deputed by the Department for purposes of
Chapter-6 ♣
(j) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.

Chapter- 2

Chapter- 2 Drugs Advisory Council and Drugs Advisory Committee
3. Drugs Advisory Council :

(1) A Drugs Advisory Council shall be constituted as prescribed to advise Government of Nepal on theoretical and administrative matters relating to drugs.
(2) The functions, duties and powers of the Drugs Advisory Council shall be as prescribed.

4. Drugs Advisory Committee :

(1) A Drugs Advisory Committee shall be constituted as prescribed to advise the Department on technical matters related with the research, development and control of drugs.
(2) The functions, duties and powers of the Drugs Advisory Committee shall be as prescribed.

Chapter- 3

Chapter- 3 Research and Control of Drugs
5. Department of Drug Administration :

(1) Government of Nepal shall establish a Department of Drug Administration for the implementation of the objectives of this Act.
(2) The Department established pursuant to Sub-section (1) shall carry out all the functions related with the control of drugs under this Act and the Rules framed there under.

_____________________
♣ Amended by the First Amendment.

6. Drug Research Laboratory and Other Laboratories :

(1) The Drug  Research Laboratory established by Government of Nepal shall be the principal
body of Government of Nepal to perform scientific research, testing and analysis of drugs.
♦ (1a)The procedures to be followed by the Royal Drug Research Laboratory established pursuant to Sub-section (1) in performing scientific research, testing and analysis of drugs shall be as prescribed.
(2) Any native or foreign person or institution may, with the approval of Government of Nepal , establish any other research centre or laboratory for the scientific research and development of any drugs.

Chapter- 4

Chapter- 4
Manufacture, Sale, Distribution, Export and Import of Drugs

7. Recommendation letter to be obtained to establish drug industry:

Any person who intends to establish an industry to manufacture any drugs shall obtain  recommendation letter from the Department as prescribed, prior to the obtaining of approval of the Government of Nepal pursuant to the prevailing law.

8. Product license to be obtained :

(1) After the establishment of a drug industry by obtaining recommendation of the Department pursuant to section 7 and before the manufacturing of that drug, the drug manufacturer shall obtain the product license from the Department as prescribed ? , by paying the prescribed fees.
(2) Any drug industry which has already been established prior to the commencement of this Act shall also obtain the product license pursuant to Sub- section (1), ——– ? by paying the prescribed fees.

♦ 8A. Registration of drug:

(1) Any drug manufacturing industry shall, prior to the

______________________________________
♦ Inserted by the Second Amendment.
? Amended by the Second Amendment.
? Deleted by the Second Amendment.
♦ Inserted by the Second Amendment.

sale and distribution of each drug manufactured by it, register the drug with the
Department, as prescribed, and obtain the drug registration certificate, by paying
the prescribed fees.
(2) Any person who intends to import a drug shall, prior to its importation, get each drug of a licensed company which it intends to import registered with the Department, as prescribed, and obtain the registration license, by paying the prescribed fees ? .

9. Recommendation letter to be obtained for exportation or importation of drug: Any person who intends to export or import a drug shall, prior to obtaining the export or import license pursuant to the prevailing law, obtain a recommendation letter from the Department, as prescribed, on payment of the prescribed fees.

10. Registration of name for sale and distribution of drug: Any person who sells and distributes a drug shall get his/her name and shop or firm registered with the Department, as prescribed, and obtain a certificate, on payment of the prescribed fees ? .

♦ 10A. Sale and distribution of registered drugs only : Any person who has obtained the certificate pursuant to Section 10 shall sell and distribute only the drugs registered pursuant to Section 8A.

♣ 11. Validity period and renewal of product license, recommendation letter and certificate :

(1) The license as referred to in Section 8, the certificate as referred to in section 8A ♦ , the recommendation letter as referred to in Section 9 and the certificate as referred to in section 10 shall remain valid for two years from the date of its issue.
(2) Each license, recommendation letter and certificate shall be got

___________________________
Inserted by the First Amendmend .
Inserted by the First Amendmend .
♦ Inserted by the Second Amendment.
♣ Amended by the First Amendment.

renewed for each year within thirty five days of the expiry of its validity period ? .
♦ (3) If the renewal is not made within the specified time limit pursuant to Sub-section (1), and an application is made, setting out the reasons for the failure to have renewal, within thee months after the date of expiry of the time limit, the Department shall make renewal by charging an additional fee of twenty five percent of the renewal fee. The license, recommendation letter or certificate not renewed even within that time limit shall ipso facto be invalid.

Chapter- 5

Chapter- 5 Quality Standard of Drugs

12. Drugs to be safe for public consumption, efficacious and of quality
standard:

Each drug shall be safe for public consumption, efficacious and of quality  standard in such a manner as to keep on maintaining its prescribed quality standard.

13. Prohibition on manufacture, sale, distribution, export, import, storage
or consumption of drug not conforming to prescribed standard :

No person shall manufacture, sell, distribute, export, import, store, or cause to do same or cause the consumption of, a drug which is not safe for public consumption, efficacious and of quality standard.

14. Return of drug which is not safe for public consumption, efficacious and
of quality standard :

(1) If a drug which has already been marketed for sale and distribution is not safe for public consumption, efficacious and of quality standard pursuant to Section 12, the manufacturer or his/her agent shall get back such drug from the seller or distributor.
(2) If it comes to the knowledge of the Administrator in any manner that a drug which is not safe for public consumption, efficacious and of quality standard has been marketed for sale and distribution, he/she may cause the seller or distributor of the drug to return the drug to its manufacturer.

___________________________
♦ Inserted by the Second Amendment.
Amended by the Second Amendment.
♦ Inserted by the Second Amendment.

15. Provision of compensation:

If a drug manufactured in such a manner that it is not safe for public consumption, efficacious and of quality standard results in the death of, or causes injury to the health of any person, the drug manufacturer shall be responsible for it and provide compensation, as prescribed, to the successor to the deceased for such death and to that person in the event of such injury.

16. Submission of letter of guarantee to Department:

A drug manufacturer him/herself or his/her authorized agent or exporter or importer shall submit to the Department a certified copy of the document issued by the manufacturer guaranteeing that the drug registered pursuant to Section 8A is safe for public consumption, efficacious and of quality standard.

17. Categorization of drugs:

( 1) The drugs may be classified into categories or sub- categories, as prescribed.
(2) No person shall sell or distribute such drugs without prescription of a doctor as categorized not to be sold or distributed without such prescription      pursuant to Sub-section (1). The pharmacist or pharmacy assistant ♦ or professional person himself shall sell or distribute such drugs on prescription of a doctor; and the presence of a pharmacist or pharmacy assistant ♦ or professional
person shall be compulsory where a person other than the doctor, pharmacy assistant ♦ or professional person sells or distributes such drugs.
(3) The drugs categorized as to be sold or distributed only in presence of a pharmacist or pharmacy assistant ♦ or professional person or any of them while making categorization pursuant to Sub-section (2) may be sold or distributed only by them or in their presence.
(4) Any seller may, based on the experience, sell in a reasonable quantity

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? Amended by the Second Amendment.
♦ Inserted by the Second Amendment.
♦ Inserted by the Second Amendment.
♦ Inserted by the Second Amendment.
♦ Inserted by the Second Amendment.

the drugs other than those categorized pursuant to subsections (2) and (3).
Explanation: “Pharmacist” means a person who has done graduation in pharmacy ? or graduation in pharmaceutics or and been recognized by the Drugs Advisory Committee, “pharmacy assistant” means a person who has passed certificate level or equivalent in pharmacy ♦ and “professional person” means a person who has possessed the prescribed qualifications and been recognized by the Drugs Advisory Committee.

18. Prohibition on misuse or abuse of drugs:

(1) No person shall misuse or abuse drugs.
(2) Sale and distribution of any drug in contravention of the provisions contained in Sub-sections (2) and (3) of Section 17 shall be deemed to have misused or abused such drug.

19. Prohibition on false or misleading advertisement of drugs:

(1) No person shall make a false or misleading publicity or advertisement about the use, utility
or efficacy of any drug.
(2) Any person who intends to make publicity or advertisement of any drug shall obtain the license, as prescribed, from the Department, by paying the fees prescribed for the same.

Chapter- 6

Chapter- 6 Inquiry and Inspection

20. Powers of Inspector to make inquiry and inspection:

(1) The Inspector may inspect, enquire and search any place where a drug is being manufactured, stored ♦ sold, distributed or transported.
(2) If, in making inspection, inquiry or search pursuant to Sub-section
(1), the Inspector suspects that any drug is not safe for public consumption,
efficacious or of quality standard or has a reasonable ground to believe that any

________________________________
Amended by the Second Amendment.
♦ Inserted by the Second Amendment.
♦ Inserted by the Second Amendment.

activity is being carried out in contravention of this Act or the Rules framed under this Act, the Inspector may seal the drug which he/she has found, hand over its custody to its owner, receive a receipt from that owner, withhold such drug and give order to immediately stop such activity
(3) If the Inspector makes inspection, inquiry or search pursuant to this Section or stops a drug or sends sample of that drug for testing, he/she shall submit a report thereon to the Administrator within three days.
(4) If the drug, which has been withhold by the Inspector pursuant to Sub- section (2), is proved, from the analysis or test by a research center, laboratory, hospital, pharmacy or clinic, that it is not safe for public consumption, efficacious or of quality standard, such drug may be seized or destroyed by order of the Administrator; and the Administrator may, while issuing such order, order to cancel the recommendation letter, product license, certificate or license issued under this Act.
♦ (4a) If, in carrying out analysis or test pursuant to Sub-section (4), any drug is found to be safe for public consumption, efficacious and of quality standard but the person manufacturing, selling, distributing, storing, transporting, exporting or importing such drug is held to have committed any activity in violation of this Act or the Rules framed under this Act, the Administrator may seize such drug and control the manufacturing, sale, distribution, storage, transportation, export or import of such drug or suspend the license or certificate or recommendation letter of such person for a period not exceeding six months.
(5) The manufacturer shall bear the expenditures incurred in destroying the drug pursuant to Sub-section (4) If the drug seized from the seller and stopped is to be destroyed, the value of such drug received by the manufacture from the seller shall also be got reimbursed by the manufacturer to the seller.
♦ (6) The Department may, as per necessity, depute any expert in the concerned subject to assist in the inquiry and inspection as referred to in this section.

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Amended by the Second Amendment.
♦ Inserted by the Second Amendment.
♦ Inserted by the Second Amendment.

21. Filing complaint against order of Administrator:

(1) A person who is not satisfied with an order issued by the Administrator to cancel or suspend the product license, recommendation letter, certificate or license pursuant to Sub-section (4) and (4a) of section 20 may file a complaint before the Secretary at the Ministry of Health within thirty five days after the date of receipt of such order.

(2) The complaint filed pursuant to Sub-section (1) shall be decided within
three months.

22. Procedures to be followed while making inspection or inquiry :

The methods and procedures, as prescribed, shall be followed while making inspection,
inquiry and search under this Act.

♣ 23. Qualifications of Inspector and Analyst:

(1) The Inspector shall possess the following qualifications:
(a) Graduation in pharmacy ? , or
(b) —– ?
(c) —– ?
? (d) Having passed certificate level or equivalent in pharmacy and gained at least five years of experience in pharmacy related works.
(2) The Analyst shall possess the following qualifications:
(a) Graduation in pharmacy, or ?
♦ (a1) Master’s degree in chemistry, or
(b) Graduation in chemistry and gained at least three years of experiences in drug analysis ? .

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Amended by the Second Amendment.
♣ Amended by the First Amendment.
Amended by the Second Amendment.
Deleted by the Second Amendment.
Deleted by the Second Amendment.
Amended by the Second Amendment.
Amended by the Second Amendment.
♦ Inserted by the Second Amendment.
Amended by the Second Amendment.

24. Sending sample of drug for test :

The Inspector shall send the sample of a drug, which has been withheld or seized in the course of inspection or inquiry, to the research center, laboratory, hospital, dispensary or clinic, as  rescribed, for test or analysis; and the Analyst shall also carry out necessary test or analysis and send a report thereof to the Administrator, as prescribed.

Chapter- 7

Chapter- 7 Miscellaneous

25. Powers of Government of Nepal to prohibit manufacture, sale, distribution, storage, transportation, export, import or consumption of drugs: If Government of Nepal thinks it necessary to prohibit the manufacture, sale, distribution, storage, transportation, export, import or consumption of any drug, it may, by a notification in the Nepal Gazette, issue order to prohibit the
manufacture, sale, distribution, storage, transportation, export, import or consumption of such drugs.

26. Powers to fix price of drug:

The Department may, if it deems necessary, fix the price of any drug, by obtaining approval of the Government of Nepal. If the Department so fixes the price of any drug, a notice thereof shall be published in the Nepal Gazette ♦ .

27. Provisions relating to prescription :

The provisions relating to the issuance of prescription by the prescribed doctor or recognized (integrated) doctor or health worker about the drugs categorized pursuant to Section 17 shall be as prescribed.

28. Prohibition on manufacture, sale, distribution, dispensing or storage without making arrangement of required human resource♦ ♦ or resource s:

No person shall manufacture, sell, distribute, dispensing, store, export or import ? any drug without adequately arranging such human resource and

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Amended by the Second Amendment.
♦ Inserted by the Second Amendment.
Amended by the Second Amendment.
♦ Inserted by the Second Amendment.
Inserted by the First Amendmend .

12 other ♦ necessary materials related with such activity as prescribed for the manufacture, sale, distribution, dispensing, storage, export or import ? of such drug.

29. Prohibition on adulteration in drugs and sale of adulterated drugs :

(1) No person shall adulterate any drug so as to root out or lessen or change its effect or be injurious or sell or offer to sell such drug or dispense it to any one for treatment with knowledge of such adulteration.
(2) No person shall sell any other substance representing it to be a drug.

30. Prohibition on sale or distribution of date expired drugs :

No person shall sell or distribute any drug which is date expired.

31. License to be obtained from Department for clinical trial of new drug :

Any person who intends to carry out a clinical trial of any new drug shall obtain license
from the Department, as prescribed, for such trial.

Explanation: For purposes of this section “clinical trial” means the testing of a new drug by administering it to any patient or other person with his/her consent in a hospital or similar other clinic as prescribed in the license in order to ascertain whether it is appropriate to bring that drug into use.

32. Disclosure of system of drug and other particulars while manufacturing
drug:

(1) While manufacturing any drug, its label shall set out the matter which of the Allopathic, Ayurvedic, Homeopathic or Unani systems that drug belongs to.
(2) While manufacturing any drug, the possible side effects from the consumption of that drug shall be mentioned as prescribed.

33. Narcotic and poisonous drug to be kept safely:

(1) A clear label shall be
put on the prescribed narcotic and poisonous drug, and such drug shall be kept
safely.
(2) Any person who sells and distributes the narcotic and poisonous drugs as referred to in Sub-section (1) shall maintain records of the narcotic and

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♦ Inserted by the Second Amendment.
Inserted by the First Amendment .

13 poisonous drug sold or distributed by him/her in the prescribed format; and a prescription relating to such narcotic and poisonous drug written by a doctor shall be attached with such records.

34. Penalties :

(1) Any person who violates Chapter 4 or an order as referred to in section 25
shall be punished with imprisonment for a term not exceeding three years or a fine not
exceeding Twenty Five Thousand Rupees ? or with both.
(2) Any person who makes an improper use of or misuses a drug
contrary to Section 18 ♦ or adulterates a drug or sells an adulterated drug or sells
any other substance representing it to be a drug contrary to section 29 or sells or
distributes a date-expired drug contrary to section 30 or does any act contrary to
section 33 ? shall be punished as follows:
(a) in the event of the possibilit y of a risk of claiming life, life
imprisonment or imprisonment for a term not exceeding ten years and
a fine;
(b) in the event of the possibility of disempowerment or deprival of
capacity of any organ of the body, imprisonment for a term not
exceeding ten years and a fine; and
(c) in other conditions, imprisonment for a term not exceeding five years
or a fine or both.
(3) Except as mentioned in Sub-sections (1) and (2), a person who commits
any act contrary to this Act or the Rules framed under this Act shall be punished
with imprisonment for a term not exceeding one year or a fine not exceeding
Five Thousand Rupees ? or both.
35. Ceiling of fine and imprisonment in lieu of fine : (1) For the purpose of
imposing a fine pursuant to Sub-section (2) of Section 34, such fine shall not exceed the

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Amended by the Second Amendment.
♦ Inserted by the Second Amendment.
Amended by the Second Amendment.
Amended by the Second Amendment.

14 amount in controversy (Bigo) or One Hundred Thousand Rupees ? whichever is higher.
Provided, however, that such excessive fine shall not be set as is not suitable to the
condition of an offender or the circumstance of the offence.
(2) While setting the punishment of fine pursuant to Sub-section (1), the
judicial authority shall also specify in his/her decision the term of imprisonment, in
lieu of the fine, which the offender has to serve for his/her failure to pay that fine.
(3) Where the punishment of fine is imposed for an offence and there is
also a provision of punishment of imprisonment for such offense, punishment of
imprisonment shall not be set for a term exceeding five years for the failure to pay
the fine under Sub-section (2). If punishment of life imprisonment is imposed, no
additional imprisonment shall be imposed.

36. Right to register patent of drug: The right related with the registration of patent of
a drug shall be as per the prevailing law.

37. Delegation of authority: Government of Nepal may delegate to any official all or
any of the powers conferred to the Administrator pursuant to this Act.

38. Government to be the plaintiff : Government of Nepal shall be plaintiff in the
cases of under this Act.

39. Investigation and filing of case :

(1) The Inspector shall investigate any case related
with an offense punishable under this Act and file the case with the Judicial Authority
after completion of such investigation.
♦ (1a) In investigating a case pursuant to Sub-section (1), the Inspector shall have the powers to arrest a person involved in the offense, search any place whatever related with the offense, take custody of a document or other goods elated with the offense and execute a deed of public inquiry (sarjamin).
♦ (1b) In making investigation pursuant to Sub-sections (1a) and (1b), the  Inspector may get the accused to make deposition and, on reasonable grounds,
? Amended by the Second Amendment.
♦ Inserted by the Second Amendment.
♦ Inserted by the Second Amendment.

15 release him/her on personal bail, security or guarantee or detain him/her for a period not exceeding twenty five days, by obtaining prior permission of the Judicial Authority.
♦ (1c) In doing any activity as referred to in Sub-sections (1a) and (1b), the Inspector may, as per necessity, seek assistance of the police personnel. If such assistance is sought, the police personnel shall render necessary assistance.
(2) In investigating and filing a case pursuant to Sub-section (1) the Inspector may seek opinion of the Government Attorney. After the filing of a case, the Government Attorney shall plead and appeal the case.

40. Power to frame Rules: Government of Nepal may frame Rules in order to implement the objectives of this Act.

Contingency Fund Act, 2016 (1959)

Contingency Fund Act, 2016 (1959) Date of Authentication Date of Publication
2016.8.25 (1959 Dec. 10) 2016.9.1 (1959 Dec. 16)

Amendment Date of Authentication and
Publication
Contingency Fund (First Amendment) Act, 2050 (1993) 2050.9.5 (1993 Dec. 20)
Act No. 21 of 2016
An Act made to provide for Contingency Act

Preamble: Whereas, it is expedient to establish a fund namely the Contingency Fund, Now, therefore, be it enacted by the Parliament in the Fifth Year of the reign of His Majesty King Mahendra Bir Bikram Shah Dev.

1. Short Title and Commencement:

(1) This Act may be called the “Contingency Fund Act, 2016(1959)”.
(2) This Act shall come into force immediately.

2. Establishment of Contingency Fund:

A fund in the name of Contingency Fund is, hereby, established.
3. Amounts deposited in the Contingency Fund: An amount of Two and Half Millions Rupees (25,00,000/-) drawn from the consolidated fund has been deposited in the Contingency Fund.
3A. Amounts in the Contingency Fund may be increased: Government of Nepal  may increase the Contingency Fund by publishing a Notification from time to time in the Nepal Gazette.

3B. Operation of the Contingency Fund:

(1) The amounts deposited in the Contingency Fund may be expended as prescribed with the approval of the government of Nepal (the Council of Ministers) in the contingent activities like
the natural calamities (Act of God).
(2) The amounts expended from the Contingency Fund pursuant to Sub- section (1) shall be reimbursed from the amount appropriated in each fiscal year.

4. Power to frame Rules: The Government of Nepal may frame Rules to meet the objectives of this Act.

Amendment,

Amendment,
Republic Strengthening and Some Nepal
Laws Amendment Act, 2066 2066-10-7 (21 Jan. 2010)
Act Number 6 of the Year 2054 (1997)
An Act made to provide for provisions relating to party defection

Preamble

Preamble :

Whereas, it is expedient to provide for provisions relating to the conditions where a member of the Constituent Assembly 1 has defected from the political organization or party of which such member was a candidate and elected and, on providing the notification thereof,
Now, therefore, be it enacted by the parliament in Twenty six year of reign of His Majesty the King Birendra Bir Bikram Shah Dev.

2. Definition

2. Definition : In this Act, unless the subject or context otherwise requires;
(a) “Party” means a political organization or a party of which a person was a candidate and elected as a member of the Constituent Assembly 2 constituted pursuant to the Interim Constitution of Nepal, 2063 (2007) 3 .

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1 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
2 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
3 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

(b) “Constituent Assembly party 4 ” means the Constituent Assembly party which consists of the members of the Constituent Assembly 5 who were elected as a candidate of the concerned party.
Explanation : For the purpose of this Clause, in the case of a member who has joined a party pursuant to Sub-clauses (2 )and  (3) of Clause (d) the Constituent Assembly party also includes
the Constituent Assembly Party 6 of the party in which he/she has joined.
(c) “Executive committee” means the Central Executive Committee of a party and this expression also includes the body constituted in order to perform the functions of the Central Executive Committee in the concerned party regardless of whatever name has been provided for
the said body by the statute of the respective party.
(d) “Member” means the following persons;
(1) A person elected as a member of the Constituent Assembly 7 upon being a candidate of a party regardless of whether he/she has taken an oath of office or not.
(2) A person who joins a party and provides a notification thereof to the Secretariat of the Constituent Assembly 8 after being elected as an independent candidate.
(3) A person, after being elected in a member of the Constituent Assembly 9 upon being a candidate of a party, joins to any other party pursuant to Clauses (c) or (d) of Section 5 and

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4 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
5 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
6 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
7 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
8 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
9 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

provides a notification thereof to the Secretariat of the Constituent Assembly 10 .
(e) “Whip” means the member who has been assigned by the concerned constituent Assembly Party 11 to perform the function in the capacity of whip and this expression also includes chief whip (Ruling party) and head whip (party in opposition).

3. It may be deemed to have been occurred party defection

3. It may be deemed to have been occurred party defection :

(1) If a member commits any of the following acts, the concerned party may conclude that such member has defected from the party;
(a) Resigns in writing from the membership of the party,
(b) Joins any other party,
(c) Constitutes another party upon including him/herself.
(d) Casts his/her vote or remains neutral or absents from voting in the Constituent Assembly against the whip issued by the leader or 12 whip of his/her own Constituent Assembly Party 13 .
(e) Commits an act in contravention of Clause (d) of Sub- section (1) of Section 5. (2) Notwithstanding anything contained in Clause (d) of Sub-section
(1), if a member or his/her representative submits an application in writing to the Constituent Assembly Party 14 or whip within a period of Fifteen days from the date of commission of such an act upon stating the situation that was beyond his/her control and he/she failed to abide by the whip issued by the whip upon setting out the grounds and reasons thereof, the Committee

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10 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
11 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
12  Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
13 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
14 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

of Inquiry constituted by the Constituent Assembly Party 15 shall hold an official inquiry ,as may be required, for this purpose and if the committee finds that the grounds or reasons mentioned in the said application are satisfactory to the committee, it may recommend to the Executive Committee that the condition of party defection has not taken place.

5. Party defection not to be deemed

5. Party defection not to be deemed :

(1) It shall not be deemed that a member has defected from the party in the following condition;
(a) If the Chair person of the Constituent Assembly 16 acts as referred to in Clause (a) or (d) of Section 3.
(b) If the member who presides over the meeting of the Constituent Assembly 17 when the Chair Person is absent, acts as referred to in Clause (d) of Section 3 while he/she is on the chair
(c) If at least Forty percent members of Executive Committee in a party split and constitute a new party or merge in to an existing party.
(d) If at least Forty percent members of the Constituent Assembly Party 18 of a party split and constitute a new party or merge in to an existing party.

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15 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
16 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
17 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
18 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

Provided that, the member who once splits from a Constituent Assembly party shall not be permitted for re-split in the same tenure.
(2) If the members constitute a new party or merge in to an existing party pursuant to Clause (c) or (d) of Sub-section (1), the concerned party shall provide the name list of such members and other documents to the Secretariat of Constituent Assembly 19.

6. Opportunity for clarification shall be given

6. Opportunity for clarification shall be given : The concerned party shall give a period of Fifteen days to the member to submit his/her clarification to the party before providing a notification to the Secretariat of the Constituent Assembly 20 which reads that he/she has defected the party
pursuant to this Act.

7. Procedure for providing notification relating to party defection

7. Procedure for providing notification relating to party defection :
The concerned party shall follow the following procedures in the course of providing a notification to the Secretariat of the Constituent Assembly 21 that a member has commits an act which may be deemed as party defection;
(a) The decision to provide a notification relating to party defection must be made by the majority votes of the total members of the Executive Committee of the party.
(b) While making a decision pursuant to Clause (a) the designation of the official who authenticates the said decision on the behalf of the party must be set out.
(c) The copy of the decision pursuant to Clause (a) which is authenticated by the official pursuant to Clause (b) and other evidence and document related with the said decision must be included.

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19 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
20 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
21 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

8. Submission of the notification

8. Submission of the notification : After completing the registration of the notification regarding party defection pursuant to Section 7 the said notification and other document attached to it shall be produced before the Chairperson of the Constituent Assembly 22.

9. Inquiry

9. Inquiry : After receiving the notification and documents pursuant to Section 8 the Chairperson of the Constituent Assembly 23 may hold an inquiry in to the notification whether the party has followed the conditions and procedures to be followed under this Act in the course of providing a
notification regarding party defection or not.

10. Providing Information to the Constituent Assembly or publishing notice

10. Providing Information to the Constituent Assembly or publishing notice : In the course of making an inquiry pursuant to Section 9 in to the notification produced pursuant to section 8 if it appears that the conditions and procedures to be followed under this Act in respect of proving a
notification of party defection is followed by the concerned party ,the Chairperson of the Constituent Assembly 24 shall inform the notification provided by the party with respect of party defection to the Constituent Assembly 25 within a period of Fifteen days from the date of receiving such notification pursuant to Section 7; and in case of prorogation or recess of the meeting of the Constituent Assembly 26 , such notification shall be published on the notice board of the Secretariat of the Constituent Assembly 27.

11. Vacation of the seat

11. Vacation of the seat : After giving the notice of party defection to the Constituent Assembly or publishing such notice on the notice board of the

 

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22 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
23 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
24 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
25 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
26 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
27 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

Secretariat of the Constituent Assembly 28 , it shall be deemed to have been
vacated the seat of that member from the Constituent Assembly 29

13. To be deemed internal business

13. To be deemed internal business : The matter of providing a notification to the Constituent Assembly 31 and publishing such notice by the Chairperson of the Constituent Assembly 32 pursuant to Section 10 shall be
deemed to be an internal business of the Constituent Assembly.

 

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28  Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
29 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
30 Repealed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
31 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
32 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
33 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

Preamble

Preamble : Whereas it is expedient to establish slaughterhouse and arrange for meat inspection to safeguard the health and welfare of the people in general and to control adulteration in meat and meat products and to maintain reasonable standard of meat by protecting the wholesomeness, quality and adequacy of meat;
Now, therefore, the Parliament has enacted this Act on the twenty-seventh year of the reign of His Majesty the King Birendra Bir Bikram Shah Dev.

2. Definitions

2. Definitions:

In this Act, Unless the subject or context otherwise requires:,
(a) “Animal” means castrated or castrated goat, sheep, Himalayan goat (Chyangra), pig, wild pig, he buffalo or rabbit the females of buffalo, goat sheep, Himalayan goat, pig, or rabbit which are fit for meat other than a cow, an ox a bull, and this word also includes poultry, ducks, pigeon or other species of beasts and birds kept for meat purpose.
(b) “Meat” means meat of animals which is fit for human consumption.
(c) “Meat Inspector” means the Meat Inspector appointed or designated under Section 6.
(d) “Meat Supervisor” means the Meat Supervisor designated under Section7.
(e) “Slaughterhouse” means the house or place where animals are slaughtered for meat purpose.
(f) “Meat Seller” means a person who sells meat professionally.
(g) “Prescribed” or “As Prescribed” means prescribed or as prescribed in the Rules framed under this Act.

4. Establishment of Slaughterhouse

4. Establishment of Slaughterhouse:

(1) The Government of Nepal may establish slaughterhouse in any area of Nepal by a notification published in the Nepal Gazettee.
(2) Notwithstanding anything contained in Sub-section(1), the Government of Nepal may give permission as prescribed to the non-governmental (Private) sector also to establish a slaughterhouse.
(3) The terms and conditions to be followed and the specification to be met at the time of establishment and operation of a slaughterhouse under Sub-  section (1) or (2) shall be as prescribed.

5. License

5. License:

(1) A person or an organization interested to establish a slaughterhouse or selling of meat shall have to apply for a license in the prescribed format to the prescribed officer.
(2) If an application is received under Sub-section (1) the prescribed officer shall make necessary inquiries on such application and may issue a license in the prescribed format for the establishment of a slaughterhouse of a
slaughterhouse or for selling meat.
(3) The terms and conditions to be followed by a meat seller shall be as prescribed.

6. Appointment of Meat Inspector

6. Appointment of Meat Inspector:

(1) In order to examine animal and meat, the Government of Nepal may appoint or designate a person who is at least a graduate in veterinary science as a Meat Inspector.
(2) The other function, duties and powers of the Meat Inspector, in addition to the functions, duties and powers mentioned in this Act, shall be as prescribed

7. Designation of a Meat Supervisor

7. Designation of a Meat Supervisor:

(1) The Government of Nepal may designate a Meat Supervisor to any civil servant who is at least a graduate in veterinary science, for the supervision of the slaughterhouse management as well as for the supervision of the functions of the Meat Inspector.
(2) The Government of Nepal may designate the Meat Supervisor to act as Meat Inspector in case where no Meat Inspector has been appointed.
(3) Other functions, duties and powers of the Meat Supervisor shall be as prescribed.

8. Examination of Animals before slaughtering (Ante-Mortem Examination)

8. Examination of Animals before slaughtering (Ante-Mortem Examination):
(1) Any animal to be slaughtered shall be produced for ante-mortem examination at the slaughterhouse where such place is established and where slaughterhouse has hot yet been established at the site as specified by the Meat Supervisor. The procedure for examination of animal shall be as prescribed.
(2) If an animal is found fit for slaughtering, the Meat Inspector shall give permission of slaughtering of such animal with some marking.
(3) If an animal is found diseased upon inspection under Sub-section (1) the Meat Inspector may prohibit to slaughter such animal.

9. Slaughtering of an Animal to be Carried out in the Slaughterhouse

9. Slaughtering of an Animal to be Carried out in the Slaughterhouse:

(1) An animal fit for slaughtering under Section 8 shall have to be slaughtered in the slaughterhouse.
(2) Notwithstanding anything contained in Sub-section (1), if there is no slaughterhouse in any area animals shall have to slaughtered at such place and time as specified by the Meat Supervisor.