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Statutes / Acts

Chapter-5 Provision of Mutual Legal Assistance

Chapter-5 Provision of Mutual Legal Assistance
31. To make order for provision of mutual legal assistance:

If the Central Authority makes order to the concerned investigating authority for the provision of mutual legal assistance pursuant to sub-section (3) of Section 27 or if the Court does not refuse to provide such mutual legal assistance pursuant to Section 29, the investigating authority or the Court must make order to initiate necessary action in that respect for the purpose of providing the mutual legal assistance pursuant to the request by the
foreign state.

32. Provision of evidence:

(1) If a foreign state makes a request for the provision of any document, evidence, information or object pursuant to
Section 19 and such document, evidence, information or object can be provided in accordance with law, the concerned authority or Court shall make order for sending certified copies of such document, evidence,
information or object.
(2) If a foreign state makes a request for the provision of originals of the document, evidence, information or of the object itself as provided for in sub-section (1), the concerned authority or Court may order for
sending the originals of such document, evidence, information or object upon retaining certified copies thereof and, in the case of the object, shall provide such object upon maintaining records of description thereof.
(3) If a foreign state makes a request for search or seizure of any object, the concerned body must make search or seizure of the object in accordance with law.
(4) Notwithstanding anything contained in sub-section (3), if a request is made for the search or seizure of any object in relation to any offence, the request for the search or seizure of such object may be refused if that act is not an offence under the laws of both Nepal and the requesting foreign state.

33. Request for assistance in making attendance of, locating, or identifying  persons:

(1) If a foreign state has made a request for assistance in making attendance of a person pursuant to Section 20, the Central Authority must make arrangements, in coordination with the foreign state, for sending and taking back such person from and to Nepal.
(2) If a person who is requested for making attendance pursuant to sub-section (1) is held in detention in Nepal, that person must, with the leave of the concerned Court, be handed over to the competent body of
the foreign state from the entry point of Nepal.
(3) After the conclusion of the matter in relation to which the attendance of the person handed over pursuant to sub-section (2) was sought in the foreign state, the custody of that person must be taken from the competent body of the foreign state at the entry point of Nepal.
(4) If a foreign state has made a request for locating the place of any person related to any judicial proceedings or for identifying a person, the concerned body must locate the place where such person is staying or
identify the person.

34. Service of process or judicial document:

(1) If a foreign state has made a request for the service of any process or judicial document pursuant to
Section 21, the concerned Court must serve such process or judicial  document in accordance with law as if the judicial proceedings were sub judice in that Court itself.
(2) If, in serving a process or judicial document pursuant to sub-  section (1), any specific procedure or method is required to be followed in the service of such process or document pursuant to a treaty concluded
with the foreign state or pursuant to the request by the foreign state and request has been made by the Central Authority accordingly, the concerned Court must serve such process or judicial document by following such procedure or method.
(3) After the service of any process or judicial document pursuant to this Section, the concerned Court must prepare the description of service of such document.
(4) If the description of service provided for in sub-section (3) has to be translated into the English language pursuant to a request by the court of the foreign state, the Central Authority must translate that
description, and certify the originals received from the concerned Court and the translated copy.

35. To examine witness or take evidence:

(1) If the court of a foreign state has made a request for examining any witness or taking evidence pursuant to Section 22, the concerned Court must take evidence as if evidence were taken in the proceedings of a case sub judice in such Court.
(2) If, in taking evidence pursuant to sub-section (1), the Court is required to give a time-limit for any witness or person to appear before the Court, it must serve the process in accordance with law, giving a time
limit of up to seven days excluding the time required for journey.
(3) In taking evidence pursuant to sub-section (1), the concerned Court must take evidence being limited to the matter of examination of witness, preparation of answers to the written interrogatories or provision
of evidence, document or description of a movable or immovable property pursuant to the request by the court of the foreign state.
(4) If, in making examination of witness, preparing answers to the written interrogatories or examining document or taking evidence pursuant to sub-section (3), the parties to the case in the matter of which evidence is taken pursuant to this Section, their attorneys or law practitioners wish to appear in the Court, the concerned Court may give
permission to such parties, attorneys or law practitioners to appear in the Court at the time of taking evidence.
(5) The concerned Court shall apply the laws of Nepal in taking  evidence pursuant to this Section.
(6) Notwithstanding anything contained in sub-section (5), if a treaty has been concluded with a foreign state for taking evidence by adopting any specific procedure or method or the foreign state has
requested for the adoption of such procedure or method and the Central Authority has requested for the taking of evidence accordingly, the concerned Court shall take evidence accordingly.

36. To freeze or confiscate property:

(1) If a foreign state has made a request to freeze or confiscate any property situated in Nepal pursuant to Section
23, the Court must order the concerned body to freeze or confiscate the property in accordance with the laws of Nepal in force.
(2) Notwithstanding anything contained in sub-section (1), if the Court is satisfied that the concerned person whose property is subject to the order of confiscation in relation to the offence has already paid the amount payable by him or her or that in the event of inability to pay such amount, that person has already served the sentence of imprisonment equal to that amount, the Court shall not make order to confiscate the  property.
Provided that if the property involves the proceeds of crime or instruments of crime, such property must be confiscated.
(3) If the value of the property liable to confiscation is indicated in a currency other than the Nepalese currency, that value shall be converted into the Nepalese currency on the basis of the foreign exchange rate as determined by the Nepal Rastra Bank on the day of filing of application in the Court pursuant to Section 29, for the purpose of determining the amount in controversy pursuant to this Act.

37. Special provisions relating to enforcement of judgments made by foreign
courts:

(1) Notwithstanding anything contained elsewhere in this Act, a foreign state or foreign party wishing to have a judgment of a civil nature made by a foreign court recognized or enforced in Nepal must make an
application, accompanied by the following documents, to the concerned High Court:
(a) full text of the certified judgment,
(b) if the judgment was made in absentia, originals or certified copies of the document establishing that the
process was duly served on the party who was absent,
(c) all documents establishing that the judgment satisfies the requirements set forth in clauses (b) and (c) of sub-
section (2),
(d) a copy with full text of the judgment translated into the Nepalese language, as certified by the concerned
diplomatic or consular representative or by a person authorized to make formal translation.
(2) If, upon studying the application, along with the documents, received pursuant to sub-section (1), the judgment made by a foreign court appears to satisfy the following requirements, the concerned High
Court must recognize the judgment made by the foreign court and send it to the concerned District Court for enforcement:
(a) such judgment has been made by the competent court with appropriate jurisdiction,
(b) such judgment is capable of being enforced in the concerned country,
(c) such judgment has become final and is not capable of being reviewed pursuant to the law of the concerned
country.
Explanation: For the purposes of this Section, “concerned District Court” means the District Court of the territory where the property from which the amount in controversy has to be recovered, partition shares to
be set aside and right to property to be executed pursuant to the judgment is situated.
(3) Notwithstanding anything contained in sub-section (2), a judgment made by the court of a foreign country shall not be recognized and enforced in Nepal if:
(a) such judgment has been obtained by deception or fraud from the procedural perspective,

(b) a case was filed in a court of Nepal prior to its being filed in a foreign court between the same parties, over
the same fact, and for the same purpose as the parties, fact and purpose being involved in such judgment and
is sub judice in the court of Nepal,
(c) judgment has already been made by the court of Nepal in the case mentioned in clause (b),
(d) in the case mentioned in clause (b), judgment has been made by a court of another country and such judgment
has already been recognized and enforced in or is in the process of being enforced in Nepal,
(e) adequate opportunity has not been given to any party to fairly represent himself or herself in such judgment,
(f) such judgment has been made in defiance of the regular procedures required for the trial of a case,
(g) enforcement of such judgment would be contrary to public order.
(4) If it is so written by the High Court for the enforcement of a judgment pursuant to sub-section (2), the concerned District Court shall  implement the judgment as if it were made by that Court itself.

38. Provision of mutual legal assistance:

(1) Upon the completion of acts including the collection of evidence, document and taking of evidence
relating to mutual legal assistance pursuant to this Chapter, the  investigating authority, Court or concerned District Government Attorney Office must send the description thereof to the Central Authority.
(2) The Central Authority must provide the description relating to mutual legal assistance received pursuant to sub-section (1) to the foreign state through the diplomatic channel.

Chapter-6 Miscellaneous

Chapter-6 Miscellaneous
39. Documents, evidence to be certified:

(1) The documents, evidence attached with a request made for mutual legal assistance pursuant to this
Act must be certified by the judge or competent government officer and bear the seal of office.
(2) The documents, evidence not certified in fulfillment of the procedures as provided in sub-section (1) shall not be recognized.
40. Request sent for mutual legal assistance to be in Nepali language:

(1) A request made by a foreign state to the Government of Nepal for mutual legal assistance pursuant to this Act must be written in the Nepali language.
(2) If a request provided for in sub-section (1) is written in any foreign language and the original of the English text or formal translation of the text from another language to the English language is attached with the request, showing the reason that it is not practicable to translate such request into the Nepali language, such request shall be acceptable to the Central Authority or the concerned Court.

41. To bear expenses: If any fee or charge is leviable in the provision of mutual legal assistance under the prevailing laws of Nepal, the foreign state must bear the amount of such fee or charge.

42. This Act to prevail: The matters set forth herein shall be governed by this Act and the other matters by the prevailing laws of Nepal.

43. To render assistance: The concerned bodies of the Government of Nepal must render necessary assistance in the performance of business required to be performed under this Act.

44. Report to be made: The Central Authority must make a yearly report containing the following matters to the Government of Nepal:
(a) requests of mutual legal assistance to and mutual legal assistance obtained from the foreign states,
(b) mutual legal assistance provided by Nepal to the foreign states at the latter’s request,
(c) reforms to be made in the future in relation to mutual legal assistance.
45. Power to frame rules: The Government of Nepal may frame necessary rules for the implementation of this Act

Remuneration, Conditions of Service and Facilities of the Authorities of the Constitutional Bodies Act, 2053 (1997)

Remuneration, Conditions of Service and Facilities of the Authorities of the Constitutional Bodies Act, 2053 (1997)
Date of Authentication and Publication
2053.9.17 (1 Jan. 1997)
Amendments:
Date of Authentication and
Publication
1. Some Nepal Laws (Amendment) Act,
2063(2006) 2063.6.28(14 Oct. 2006)
2. Amending Some Nepal Acts to Maintain
Gender Equality Act, 2063(2006) 2063.7.17(3 Nov. 2006)
3. Republic Strengthening and Some Nepal
Laws Amendment Act, 2066 (2010) 1 2066.10.7(21 Jan. 2010)

Act Number 16 of the year 2053(1997)
An Act Made to Provide for Remuneration, Terms of Service and
Facilities of Office-bearers of Constitutional Bodies
Preamble: Whereas, it is expedient to make legal provisions on the remuneration,
terms of service and facilities of office-bearers of the Constitutional Bodies;
Now, therefore, be it enacted by Parliament in the Twenty-fifth year of the
reign of His Majesty King Birendra Bir Bikram Shah Dev.

Chapter-1 Preliminary

Chapter-1 Preliminary
1. Short tile and commencement:

(1) This Act may be called as the “Remuneration, Conditions of Service and Facilities of the Authorities of the
Constitutional Bodies Act, 2053 (1997).”
(2)Sub-section (1) of Section 3 of this Act shall be deemed to have come into force on 1st Shrawan 2052 (17 July 1995) and the other Section shall come into force at once.
2. Definitions: Unless the subject or the context otherwise requires, in this  Act,-
(a)2 “Office-bearers of Constitutional Bodies” means the Chief Commissioner and Commissioners of the Commission for the Investigation of Abuse of Authority, Auditor General, Chairperson
and Members of the Public Service Commission, Chief Election Commissioner and Election Commissioners of the Election Commission and Chairperson and Members of the National Human Rights Commission, to be appointed pursuant to the Interim Constitution of Nepal, 2063(2007).
(b) 3 “Chief Office-bearers” means the Chief Commissioner of the Commission for the Investigation of Abuse of Authority, Auditor General, Chairperson of the Public Service Commission, Chief Election Commissioner of the Election Commission and Chairperson.

of the National Human Rights Commission, to be appointed pursuant
to the Interim Constitution of Nepal, 2063(2007).
(c) 4 “Office-bearers” means the Commissioners of the Commission for the
Investigation of Abuse of Authority, Members of the Public Service
Commission, Election Commissioners of the Election Commission
and Members of the National Human Rights Commission, to be
appointed pursuant to the Interim Constitution of Nepal, 2063(2007).
(d) “Prescribed” or “as prescribed” means prescribed or as prescribed in
the orders issued by the Government of Nepal by a notification
published in the Nepal Gazette.

Chapter-2 Remuneration and Other Facilities

Chapter-2 Remuneration and Other Facilities
3. Remuneration:

(1) The Chief Office-bearers shall be entitled to a monthly remuneration of Six Thousand Seven Hundred Rupees and the Officebearers shall be entitled to a monthly remuneration of Five Thousand Nine Hundred Rupees.
(2) The Government of Nepal may make addition to the monthly remuneration and other facilities of the Office-bearers of Constitutional Bodies. In so making addition to the monthly remuneration and other
facilities, the Government of Nepal shall publish a notification in the Nepal Gazette.
(3) If the term of office of the Office-bearers of Constitutional Bodies expires or resignation tendered by from office is accepted or if they die or are retired from office for any other reason, they shall be entitled to one month’s remuneration as an additional facility, in addition to the remuneration to which they entitled until the day of which they are incumbent in their respective offices.
(4) The remuneration and additional remuneration receivable by the Office-bearers of Constitutional Bodies pursuant to Sub-section (3) shall be given to them or their respective nominees, as the case may be. If an Officebearer dies and he or she has not nominated any person or if the nominee is not alive, such remuneration shall be provided to his or her near heir.
4. Accommodation: (1) The Government of Nepal shall make arrangement for governmental buildings for the housing of Office-bearers of Constitutional Bodies. Where arrangement of such buildings is not made or
where the Office-bearers of Constitutional Bodies have no appropriate buildings of their own in the Kathmandu Valley and buildings have to be rented, they shall be entitled to such a monthly amount as prescribed by the
Government of Nepal for the housing rent.
(2) The Government of Nepal shall repair and maintain the governmental buildings arranged pursuant to Sub-section (1).
(3) The Office-bearers of Constitutional Bodies who reside in their own houses shall be provided with One Thousand Five Hundred Rupees per month for sanitation and maintenance of their respective houses.
(4) The Office-bearers of Constitutional Bodies who shall be entitled to enjoy the facility provided pursuant to this Section until Seven days after the date of completion of their term of office.
5. Electricity, water and telephone facilities: (1) The Government of Nepal shall bear the expenses incurred in installing one line telephone to the residence of each of the Chief Office-bearers and such deposit as incurred for
such installation. The Government of Nepal shall bear a monthly amount of One Thousand Two Hundred Rupees for the tariff of electricity, water supply and telephone installed to their respective private quarters.
(2) The Government of Nepal shall bear the expenses incurred in installing one line telephone to the residence of each of the Office-bearers and such deposit as incurred for such installation.
(3) The Government of Nepal shall bear a monthly amount of Seven
Hundred Rupees for the tariff of electricity, water supply and telephone installed to the Office-bearers’ respective private quarters.
6. Transport and fuel facility: (1) The Government of Nepal shall, for transportation, provide One motor vehicle with a driver, One Hundred Fifty liter petrol per month and Five liter mobile in every three months to the
Chief Office-bearer.
(2) The Government of Nepal shall, for transportation, provide One motor vehicle with a driver, One Hundred liter petrol per month and Five liter mobile in every Three months to the Office-bearer.
(3) The Government of Nepal shall provide the Office-bearers of Constitutional Bodies who use their respective personal motor vehicle with a sum that is equal to the basic pay scale of the light motor driver of the
Government of Nepal, for the driver, and petrol and mobile to which they are entitled as mentioned in Sub-section (1) or (2). (4) The Government of Nepal shall arrange for the repair and maintenance, and grease of the motor vehicles provided pursuant to Subsection (1) or (2).
(5) The Office-bearers of Constitutional Bodies shall not be required to submit bills and vouchers of petrol and mobile.

Chapter-3 Daily and Travelling Allowance

Chapter-3 Daily and Travelling Allowance
7. Daily and travelling allowance:

(1) The Office-bearers of Constitutional Bodies shall be entitled to the following daily allowance and travelling
allowance on tour within Nepal in the course of business of their respective office:
(a) Daily allowance: One Hundred Sixty Five Rupees per day to the Chief Office-bearers and One Hundred Forty
Rupees per day to the Office-bearers.
(b) Travelling allowance:
(1) In travelling on foot, Twenty Five Rupees per Kosh to the Chief Office-bearers and Fifteen
Rupees per Kosh to the Office-bearers.
(2) In travelling by bus, fare chargeable for One person.
(3) In travelling by rail, air conditioned ticket expenses, where such air conditioned ticket is
available, and failing it, first class ticket expenses chargeable for One person, to the Chief Officebearers,
and first class ticket expenses to the Office-bearers.
(4) In travelling by air, ticket expenses chargeable for One person.
(5) In travelling by other motor vehicle, fare chargeable for One person.
(2) In travelling outside Nepal in order to participate in a ceremony, event, conference etc. on behalf of the Government of Nepal or in the course of business of their respective office, the Office-bearers of Constitutional
Bodies shall be entitled to the following daily allowance and travelling allowance:
(a) Daily allowance: (1) One Hundred US Dollars for all Asian countries other than Japan, South Korea and
Philippines.
Provided that, in the case of India, daily allowance shall be provided in Indian currency equivalent to such
convertible foreign currency.
(2) One Hundred Twenty Five US Dollars for all other countries including Japan, South Korea and
Philippines.
(b) Travelling allowance:
(1) In travelling by motor vehicle, motor fare as per
the bill, chargeable for One person.
(2) In travelling by rail, air conditioned ticket expenses, where such air conditioned ticket is
available, and failing it, first class ticket expenses chargeable for One person, to the Chief Office-
bearers, and first class ticket expenses to the Office-bearers.
(3) In travelling by air, business class ticket expenses chargeable for One person, to the Chief Officebearers,
and economic class ticket expenses to the Office-bearers.
(4) In travelling by sea, amount as per the bill, chargeable for One person.
(5) While making a formal visit by the Officebearers of Constitutional Bodies to any place
outside Nepal as a guest of a foreign country, they shall be entitled to the daily allowance at the
rate of half the daily allowance receivable
pursuant to Clause (a) of Sub-section (2) until they stay in such a foreign country.
8. Other provisions relating to travelling: (1) The Office-bearers ofConstitutional Bodies shall be entitled to half the daily allowance for the day on which they return from a visit, and such an allowance shall be half the
minimum daily allowance receivable for the place where they stayed on the previous day of return.
(2) The Office-bearers of Constitutional Bodies shall, for the payment of the travelling allowance, fill in the travelling bill and provide required evidences including distance evidence, logbook and receipts, within Thirty
Five days after the date of return from a visit.
9. Insurance expenses and airport tax: In making travel within or outside Nepal in the course of business of their respective offices, the Office-bearers of Constitutional Bodies shall be entitled to the insurance expenses of Three
Hundred Thousand Rupees and to the amount chargeable for airport tax.
10. 5……………
11. Cloth allowance: (1) In going outside Nepal in order to take part in any
ceremony, event, international conference etc. in the course of governmental
business or on behalf of the Government of Nepal, the Chief Office-bearers
and Office-bearers shall be entitled to the cloth allowance of Four Thousand
Nine Hundred Fifty Rupees and Four Thousand Two Hundred Fifty Rupees,
respectively, once in Three years.
(2) If in going outside Nepal pursuant to Sub-section (1), an Officebearer
of Constitutional Body obtains approval to be accompanied by his or
her wife or husband, such a husband or wife7
shall be entitled to the cloth
allowances once in Three years in a sum equivalent to half of his or her
remuneration of One month.
12. Leader allowance: In going abroad as leaders of delegations, the Officebearers
of Constitutional Bodies shall be entitled to a leader allowance in a
sum that is Twenty Five percent of the daily allowance receivable by them
respectively.
13. Casual expenses: (1) The Office-bearers of Constitutional Bodies shall,
while making visit in the course studying situation in various districts of
Nepal, be entitled to casual expenses of One Thousand Rupees for each time,
up to two times in a year, without the requirement of submission of bills and
vouches of expenses.

(2) The Office-bearers of Constitutional Bodies shall, while making
visit outside Nepal in the course of participating in a ceremony, event,
international conference, seminar etc., be entitled to casual expenses in such
amount as decided by the Government of Nepal. Bills and vouchers of the
casual expenses so provided have to be submitted.
14. Dashain expenses: (1) The Office-bearers of Constitutional Bodies shall be
entitled to the yearly Dashain expenses equivalent to One month’s
remuneration being drawn by them respectively.
15. Leave: (1) The Office-bearers of Constitutional Bodies may be entitled to
the following leaves, with full remuneration:
(a) Casual leave and festival leave,
(b) Home leave,
(c) Sick leave,
(d) Obsequies leave,
(e) Extra-ordinary leave.
(2) The Office-bearers of Constitutional Bodies shall be entitled to a
casual leave of Six days and a festival leave of Six days every year.
(3) The Office-bearers of Constitutional Bodies shall be entitled to a
home leave at the rate of One day for Eleven days of work. The home leave
can be accumulated for a maximum of One Hundred Fifty days. In setting
the period of work for the purposes of the home leave, the period of casual
leave and the festival leave and that of public holiday shall also be added to
the period of work.

(4) The Office-bearers of Constitutional Bodies whose home leave is
accumulated for more than One Hundred Twenty days may be entitled to
receive payment of such amount in lump sum by the end of every financial
year as may be set at the rate remuneration being drawn by him or her in lieu
of the home leave for a maximum period of Thirty days out of that excess
home leave accumulated by the last day of the month of Chaitra of that
financial year.
(5) The Office-bearers of Constitutional Bodies may be entitled to a
sick leave with remuneration at the rate of Fifteen days each year. Such sick
leave may be accumulated without any ceiling. If an Office-bearer of
Constitutional Body suffers from severe and serious disease and submits a
certificate by a recognized doctor to that effect, he or she may be entitled to
an additional sick leave with remuneration for up to Two months if his or her
sick leave is not remaining, and after the use of such additional sick leave
with remuneration, to a sick leave without remuneration for a period of
additional Four months at a time and not exceeding a maximum of Twelve
months during the entire period of service.
Provided that, the home leave shall be deducted at the rate of One day
for every Two days of additional sick leave while so taking the additional
sick leave with remuneration.
(6) If an Office-bearer of Constitutional Body has to observe
obsequies himself or herself, he or she shall be entitled to an obsequies leave
for a period not exceeding Fifteen days according to his or her traditional
rites and rituals.
(7) The Office-bearers of Constitutional Bodies may be entitled to an
extra-ordinary leave as follows, and such a leave shall be with half
remuneration:
(a) Not exceeding One month at a time, and
(b) Not exceeding Three months in total during the period
of service.
(8) If any person who is holding a constitutional position or an office
in the service of the Government of Nepal is appointed to the office of
Office-bearer of Constitutional Body, he or she shall not be deprived of the
enjoyment of right to his or her accumulated leave while he or she was in
that position or service.
(9) If an Office-bearer of Constitutional Body is retired from his or
her office, he or she shall be entitled to payment in lump sum of the amount
to be set by the remuneration being drawn by him or her from the office in
which he or she has lien for the leave accumulated pursuant to Sub-section (3).
16. Leave sanction authority: (1) The Chief Office-bearer shall have to
obtain approval of any leave other than the casual leave and the festival leave
from the President8
and the Office-bearers have to obtain approval of any
leave from the concerned Chief Office-bearer.

Chapter-4 Treatment Expenses, Pension and Gratuity

Chapter-4 Treatment Expenses, Pension and Gratuity
17. Treatment expenses:

(1) An Office-bearer of Constitutional Body shall be entitled to the medical expenses in the following amount incurred in his or her treatment upon falling ill.(a) Expenses according to the bills of a hospital of expenses
incurred in admitting to the hospital and doing treatment there, and expenses of medicines purchased according
to the prescription of the doctor of the hospital.
Provided that, the prescription of doctor has to set down the diagnosis of disease.
(b) Expenses as per the bill of expenses incurred in doing surgical operations other than plastic surgery.
Provided that, expenses incurred in operations at a private nursing home shall not be provided.
(c) Expenses as per the bill of expenses in the prescribed amount for the equipment including spectacles, teeth,
earphone etc.
(2) Notwithstanding anything contained in Sub-section (1), no treatment expenses of more than Twelve months remuneration receivable by an Office-bearer of Constitutional Body throughout the whole period of
service shall be provided.
(3) The Government of Nepal may provide additional financial assistance in such a sum as it considers appropriate for the treatment of an Office-bearer of Constitutional Body within Nepal if the medical board
constituted by the Government of Nepal recommends for such treatment and for treatment in a foreign country if such medical board recommends that his or her treatment cannot be done within Nepal and should be done in a foreign country, and this assistance shall be in addition to the treatment expenses to
which he or she is entitled pursuant to Sub-section (1).
(4) If an Office-bearer of Constitutional Body dies prior to obtaining the treatment expenses pursuant to this Section, the person specified in Subsection (1) of Section 19 may obtain such treatment expenses.
(5) If his or her husband, wife, mother, father, son or daughter living in the undivided family falls ill, an Office-bearer of Constitutional Body shall be entitled to Ninety percent amount of the treatment expenses as per
the bill up to half the amount of treatment expenses receivable pursuant to Sub-section (2) on the condition that such amount shall be deducted from the maximum amount of treatment expenses receivable pursuant to that Subsection. In making a request for such treatment expenses, a doctor’s
prescription mentioning the diagnosis of disease has also to be submitted.
Provided that, the treatment expenses receivable pursuant to this Subsection
shall, at one time, not exceed One month’s remuneration of the
Office-bearer.
(6) If his or her husband, wife, mother, father, son or daughter living in the undivided family of an Office-bearer of Constitutional Body falls ill and has to undergo treatment in a foreign country or to undergo operation or
treatment upon being admitted to a hospital within Nepal, the Office-bearer of Constitutional Body shall be entitled to Ninety percent amount of the treatment expenses as per the bill of expenses and treatment expenses
incurred as per the treatment prescription of hospital, out of the amount receivable by the Office-bearer of Constitutional Body pursuant to Subsection (2).
(7) Notwithstanding anything contained in Sub-sections (5) and (6), if the husband or wife, mother or father of an Office-bearer of Constitutional Body, living in an undivided family, is an incumbent employee in any
governmental service or in the service of a corporation under governmental  ownership and control, he or she shall not be entitled to such treatment expenses.
(8)9 If, at the time of retirement of an Office-bearer of Constitutional Body, the treatment expense is remaining, with or without taking some or none of the treatment expenses receivable during the total period of service
pursuant to Sub-section (2), the Office-bearer of Constitutional Body shall be entitled to a lump sum amount to be set by Two-Thirds of that remaining amount of treatment expenses after his or her retirement.
Provided that, an Office-bearer of Constitutional Body who is retired with entitlement to pension shall, at the time of such retirement from service, be entitled to a lump sum payment of the whole of such remaining amount.
(9) If an Office-bearer of Constitutional Body who requests for treatment expenses pursuant to this Section falls ill so that he or she is not able to attend the office, he or she has to request for the sick leave so long as
the sick leave is remaining. He or she may request for other leave only when the sick leave is not remaining.
(10) The details of the treatment expenses received by an Officebearer of Constitutional Body pursuant to this Section shall be maintained in the records of leave and personal records of such an Office-bearer of
Constitutional Body.
18. Pension and gratuity: (1) A person who is appointed to the office of Office-bearer of Constitutional Body shall, upon retirement from that office, be entitled to the following pension or gratuity as follows:
(a) If he or she has already completed the service period of Ten years in the office of Office-bearer of the Constitutional Body, a monthly pension of Sixty Six percent of his or her monthly remuneration.
(b) If a person who is holding a constitutional position or in the service of the Government of Nepal or who is a
retired person from such service is appointed to the office of Office-bearer of Constitutional Body and
retires from the service and he or she has completed the service period of Twenty years or more upon computing
the period of his or her such previous service and the period of service in the office of Office-bearer of
Constitutional Body, he or she shall, upon his or her retirement, be entitled to choose any one out of the
monthly as referred to in Clause (a) or the monthly pension to be set as follows:
Total year of service X monthly remuneration Explanation: For the purposes of this Clause, “period
of service in the government service’ shall mean the period of service upon being appointed by the
Government of Nepal or by a corporate body receiving grants from the Government of Nepal to any
pensionable post, pursuant to the laws in force.
(2) For the purpose of calculating the period of pension pursuant to clause (a) of Sub-section (1), such calculation shall be made by adding half the total period of service in the constitution position or office or government
service or in both offices to the office of Chief Office-bearer or Office-bearer 0 f Constitutional Body or in both offices.
(3) If a person who has already got gratuity for having served in a
constitutional position or in the service of the Government of Nepal is
appointed to the office of Office-bearer of Constitutional Body and returns
the whole amount of gratuity received by him or her previously within one
year of such appointment, his or her previous service period shall be
calculated for the purposes of pension.

(4) The amount of gratuity to be received by the Office-bearer of
Constitutional Body pursuant to this Section shall not be more than his or her
remuneration of Twelve months.
(5) When the remuneration of the Office-bearers of Constitutional
Bodies is increased, the figure of pension being drawn by the Office-bearer
of Constitutional Body who is receiving pension shall be also be increased
by Two-Thirds of the percent of increase in the figure of remuneration.
(6) If a person who is receiving pension for having served in a
constitutional position or in the service of the Government of Nepal is
appointed to the office of Office-bearer of Constitutional Body and is also
eligible to pension pursuant to this Act, he or she may choose any one out of
the pension being received by him or her previously and the pension
receivable pursuant to this Act.
(7) Notwithstanding anything contained in the foregoing Sub-sections,
an Office-bearer of Constitutional Body who is removed from office for the
reason of incompetence or misconduct or failure to perform duties of his or
her office honestly shall not be eligible to receive pension or gratuity
pursuant to this Act.
19. Family pension and gratuity: (1) The pension or gratuity as referred to in
Section 17 shall, in the following circumstance, be provided to such person
www.lawcommission.gov.np
18
www.lawcommission.gov.np
out of his or her family members as has been nominated by the Office-bearer
of Constitutional Body and to the nearest heir out of his or her family
members if the person so nominated has died or failing such nomination:
(a) If the Office-bearer of Constitutional Body dies while in
service, up to Seven years after the death,
(b) If he or she dies prior to expiration of Seven years after
starting to receive pension pursuant to Section 18, up to
the period that remains to complete Seven years.
(2) If the Office-bearer of Constitutional Body dies while in service
and is entitled to gratuity but not to pension pursuant to Section 18, the
person as referred to in Sub-section (1), out of his or her family members,
shall be entitled to the amount of that gratuity.
(3) The widow or widower of the deceased Office-bearer of
Constitutional Body shall be entitled to half the amount of such pension
during his or her life after the date of expiration of the period of entitlement
to pension where the Office-bearer of Constitutional Body dies while in
service in the office of Office-bearer of Constitutional Body or prior to
completion of Seven years after receiving pension, and his or her widow or
widower is entitled to family pension pursuant to Sub-section (1), and after
the date of death of his or her wife or husband where his or her wife or
husband dies after the completion of Seven years after receiving pension.
(4) When the remuneration of the incumbent Office-bearer of
Constitutional Body is increased, the figure of family pension being drawn
by the person who is receiving the family pension pursuant to Sub-section
(1) and (3) shall also be increased by Two-Thirds of the percent of increase
in the figure of remuneration.

Chapter-5 Miscellaneous

Chapter-5 Miscellaneous
20.10 Provision of acting:

(1) If any Chief Office-bearer goes on leave or the office of any Chief Office-bearer falls vacant, the senior-most Office-bearer of the concerned Constitutional Body shall act as the acting Chief Office bearer
during the period of leave or until such vacant office is fulfilled, as the case may be.
Provided that, in the case of the Auditor General, the senior-most Deputy Auditor General shall act as the acting Auditor General.
(2) A person who acts as the acting Chief Office-bearer pursuant to Sub-section (1) shall receive such remuneration and facilities as receivable by the Chief Office-bearer during the period of such acting arrangement.
Provided that, no person shall be entitled to the pension, gratuity etc.
facility under this Act by the reason only that he or she has so become the acting Chief Office-bearer.
20A.11Computation of age: In computing the age of an Office-bearer of Constitutional Body on the following ground, the age shall be computed on the basis of the age by which he or she gets retired earlier:
(a) The age to be set on the basis of the day or year of birth mentioned in the educational institute certificate submitted by him or her,
(b) The age to be set on the basis of the day or year of birth mentioned in his or her citizenship certificate, or

(c) The age to be set on the basis of the day or year of birth mentioned in his or her sheet roll.
21. Provident Fund: A provident fund deduction shall be made from the monthly remuneration of the Office-bearers of Constitutional Bodies at the rate of Ten percent, and cent percent shall be added by the Government of
Nepal to that deducted amount and deposited in the provident fund.
22. Additional facility: (1) An Office-bearer of Constitutional Body who has already spent Three years without taking any other leave except the casual leave and the festival leave shall be entitled to the daily and travelling
allowance that is half the daily and travelling allowance receivable by him or her pursuant to this Act while going to and coming from his or her house on the home leave earned by him or her.
Provided that, his or her family member shall not be entitled to the daily and travelling allowance.
(2) In getting retirement from his or her office or resigning from office after getting the resignation accepted, an Office-bearer of Constitutional Body shall be entitled to a lump sum amount in lieu of his or
her accumulated home leave of up to One Hundred Twenty days and sick leave accumulated according to the salary being drawn by him or her at that time. Even in the event of his or her death while in service, his or her family
member shall be entitled to such salary, pension or gratuity.
23. Time required for journey: The Office-bearers of Constitutional Bodies shall, while going to their respective home on home leave and coming back from home to attend their respective office shall be entitled to the time for
journey at the rate of One day for Eight Kosh in the case of journey on foot  and for such days as actually required for journey by motor vehicle, rail and air for one time a year.
Provided that, he or she shall not be entitled to the time for journey to go to or stay elsewhere than home on the home leave. In giving the time for journey, it shall be given for the shortest route by the fastest means, and no
more time for journey than that actually taken in the journey to and from shall be given.
24.12 Oath: Prior to assuming the duties of their office, the Chief Office-bearer shall take an oath of office and secrecy before the Chief Justice, and the Office-bearer shall take such an oath before the Chief Office-bearer
concerned, in the form as set forth in the Schedule.
25. Repeal and saving: (1) The following Acts are, hereby, repealed:
(a) The Act Relating to Remuneration, Terms of Service and Tenure of the Auditor General, 2023.
(b) The Act Relating to Remuneration, Terms of Service and Facilities of the Members of Public Service
Commission, 2023.
(c) The Act Relating to Tenure, Remuneration, Other Terms of Service and Facilities of the Election
Commissioners, 2026.
(d) The Act Relating to Remuneration, Terms of Service and Facilities of the Commissioners of the Commission
for the Investigation of Abuse of Authority, 2050 (2) Any acts and actions done and taken pursuant to the Acts set forth in Sub-section (1) shall be deemed to have been done and taken pursuant to this Act.
(3) The remuneration and other facilities received by the Officebearers of Constitutional Bodies prior to the commencement of this Act shall be deemed to have been obtained pursuant to this Act.
(4) The facilities being drawn by the Office-bearers of Constitutional Bodies appointed prior to the commencement of this Act may receive such facilities even after the commencement of this Act so long as they hold such
office.
(5) Those persons who are receiving pension after getting retirement from the offices of Chief Commissioner and Commissioners of the Commission for the Investigation of Abuse of Authority, Auditor General,
Chairperson and Members of the Public Service Commission, Chief Election Commissioner and Election Commissioners shall be deemed to have been receiving pension under this Act.

Schedule

Schedule
(Relating to Section 24)
I………………being completely loyal to the country and people, do hereby
solemnly affirm/swear in the name of God that I shall, with genuine loyalty towards
the Interim Constitution of Nepal, 2063(2007) which ensures that state authority
and sovereignty is vested in the people of Nepal, truthfully and impartially carry out
my duties and responsibilities as ………….., putting myself strictly within the
limits of the prevailing laws, always thinking the good of the country and the people
in high esteem, without fear, biasness, prejudice or ill-will and I also do hereby
solemnly pledge that I shall not disclose in any manner any matter coming to my
knowledge in the course of discharging my official duty whether or not I remain in
office, except while being obliged by the prevailing law.
Date:

Signature ….

Nepal Petroleum Act, 2040 (1983)

Nepal Petroleum Act, 2040 (1983)
Date of Authentication and the Publication
2040-6-24 (10 Oct. 1983)
Amendments
1. Administration of Justice Act, 2048 2048.2.16
2. Income Tax Act, 2058 2058.12.19
3. Republic Strengthening and Some Nepal Laws
Amendment Act, 2066 (2010) 2066.10.7 (21 Jan. 2010)
An Act made to provide for Petroleum
Preamble: Whereas, it is expedient to make legal provision with respect to the
development of Petroleum resources occurring within the country in order to
promote the welfare and economic interest of the people in general and the
economic development of the nation,
Now, therefore, be, it enacted by His Majesty King Birendra Bir Bikram
Shah Dev, on the advice and with the consent of the Rastriya Panchayat

1. Short Title and Commencement

1. Short Title and Commencement:

(1) This Act may be called the “Nepal Petroleum Act, 2040”.
(2) This Act shall come into force on such date as Government of Nepal may, by a Notification published in the Nepal Gazette, appoint.

2. Definition

2. Definition: Unless the subject or context otherwise requires, in this Act:

(a) “Crude Oil” means Petroleum produced at the wellhead in the liquid
state and asphalt, ozokerite and liquid Petroleum known as distillate or
condensate obtained from Natural Gas by condensation or extraction.
(b) “Contractor” means any Nepalese or foreign investor who may be a
party to a Petroleum Agreement with Government of Nepal as referred
to in Section 8.
(c) “Prescribed” or “as prescribed” means prescribed or as prescribed in the
Rules framed under this Act.
(d) “Petroleum” means Crude Oil, Natural Gas and all other liquid,
gaseous, solid or semisolid hydrocarbons in their natural state and this
term also includes sulphur, helium and all other similar substances
associated with such hydrocarbons.
(e) “Petroleum Operations” means exploration, development or production
of petroleum and this term also includes the treatment, transportation,
storage and sale or disposal of Petroleum so produced.
(f) “Petroleum Agreement” means a contract between Government of
Nepal and a Contractor in respect of Petroleum Operations as referred
to in Section 8.
(g) “Natural Gas” means wet gas, all other gaseous Petroleum produced
from oil or gas wells and the residue gas remaining after the extraction
of liquid Petroleum from wet gas.
(h) “Department” means the Department of Mines and Geology of
Government of Nepal

4. Right to Conduct Petroleum Operations

4. Right to Conduct Petroleum Operations:

(1) Government of Nepal shall have the exclusive right to carry out Petroleum Operations.
(2) Government of Nepal may conduct Petroleum Operations by
itself or cause such Petroleum Operations to be conducted by any
Contractor.
(3) Government of Nepal shall have the right to participate as an
investor or otherwise in Petroleum Operations to be conducted under a
Petroleum Agreement.

5. Conduct of Petroleum Operations

5. Conduct of Petroleum Operations:

(1) Subject to the provisions of this Act and Rules framed hereunder and the Petroleum Agreement, Petroleum
Operations shall be conducted:
(a) With due diligence, efficiency, economy and in
accordance with sound petroleum industry practices.
(b) With due regard to the safety of persons and property,
with particular care to avoid damage to forest and other
natural resources and to avoid pollution and ecological
damage.
(c) In accordance with the best conservation practices in
order to secure the maximum ultimate recovery of
Petroleum.
(2) All samples, data and information obtained from Petroleum
Operations shall be the property of Government of Nepal.
(3) All permanent facilities constructed and all other materials and
equipments permanently installed for the production, treatment,
transportation or storage of Petroleum shall be the property of Government
of Nepal.

6. Application for permission, consent or approval

6. Application for permission, consent or approval:

(1) A person requiring any permission, consent, or recommendation of any authority in
connection with Petroleum Operations shall apply to the Department by
stating the reasons and necessary particulars thereof.
(2) The Department shall initiate necessary action on applications
submitted under Sub-section (1)

7. Petroleum Advisory Board

7. Petroleum Advisory Board:

(1) For advising Government of Nepal on matters relating to Petroleum Operations, a Petroleum Advisory Board shall be constituted as prescribed.
(2) The functions, duties, powers and procedure of the Board
constituted under Sub-section (1) shall be as prescribed.

8. Petroleum Agreement

8. Petroleum Agreement:

(1) If Government of Nepal has to conduct Petroleum Operations upon employing of a Contractor pursuant to Subsection (2) of Section 4, it may do so by executing a Petroleum Agreement as may be prescribed.
(2) A Petroleum Agreement may be entered into only with such Contractors who are qualified to carry out Petroleum Operations and possess such capital, technical competence and professional skill as may be
prescribed.
(3) No Contractor shall be entitled to assign or transfer the rights and obligations under a Petroleum Agreement to any other person without the prior approval of Government of Nepal.

9. Special Arrangement

9. Special Arrangement:

(1) Government of Nepal may declare any area as prohibited area for Petroleum Operations for reasons of national security, public interest, historical importance or tourism development or may allow
Petroleum Operations in any specific area prescribing special conditions.
(2) Government of Nepal may itself conduct all kinds of geological exploration or grant permit to any person for the exploration or production of minerals other than Petroleum within an area subject to a Petroleum
Agreement provided such activities do not in any way interfere with Petroleum Operations.

10. Power to issue orders

10. Power to issue orders: Government of Nepal may issue such orders as may deem necessary to preserve national security or public interest or to  prevent damage to Petroleum reservoirs, injury to person or property arising
out of Petroleum Operations and to secure compliance with this Act, Rules made hereunder and Petroleum Agreement.

11. Inspection and investigation

11. Inspection and investigation:

(1) Government of Nepal may authorize any individual, official or authority for the purpose of making inspection and
investigation to ensure compliance with this Act, Rules made hereunder and Petroleum Agreement.
(2) It shall be the duty of all concerned persons including Contractors to allow any individual, official or authority authorized under Sub-section  (1) to enter into any of the places where Petroleum Operations are being
conducted or is to be conducted for the purpose of making inspection and investigation and to furnish such other documents and particulars as may be requested by such authorized individual, official or authority.

12. Export of Petroleum

12. Export of Petroleum: A Contractor is entitled to export its entitlement of Petroleum subject to the terms of the Petroleum Agreement, except Government of Nepal shall have right to issue orders temporarily prohibiting
the export of such Petroleum for the purpose of national security or in order to ensure an adequate supply of Petroleum to meet domestic demand, as provided in the Petroleum Agreement.

13. Tax facilities

13. Tax facilities: In the conduct of Petroleum Operations, a Contractor shall
be exempt from payment of all taxes, charges, duties and fees leviable under
prevailing law except:
(a) A royalty of at least 12½ percent as prescribed on the value of
Petroleum sold or disposed of. Such royalty shall be paid either
wholly or party in Crude Oil or in cash or both as may be fixed by
Government of Nepal.
(b) Such annual surface rental as may be prescribed.
(c) ………
(d) Registration charges or any other fees for services rendered by
Government of Nepal at generally applicable rates for such
services.
(e) Any other taxes or charges as may be specified in the Petroleum
Agreement or prescribed in Rules made under this Act

14. Customs facilities

14. Customs facilities:

(1) A Contractor and his/her Sub-contractor shall have the right to import into Nepal such materials and equipments as may be certified by the Department as necessary for Petroleum Operations.
(2) All materials and equipments imported by a Contractor or his/her Sub-contractor under Sub-section (1) shall be exempted from all import duties and taxes.
(3) A Contractor and his/her Sub-contractor may export all the materials and equipments imported by them under Sub-section (1), but not permanently installed for Petroleum Operations, subject to exemption of all duties and taxes

15. Foreign Currency Facilities

15. Foreign Currency Facilities:

(1) Notwithstanding anything contained in the prevailing law, a Contractor may retain any funds derived from his/her Petroleum Operations in Nepal or in a foreign country or transfer such funds anywhere inside or outside Nepal or from one country to another.
Provided that, the Contractor shall furnish to the Nepal Rastra Bank (Central Bank) as to such particular of each transaction as the Bank may prescribe.
(2) A Contractor may repatriate funds brought into Nepal for Petroleum Operations or derived from the Petroleum Operations as may be stipulated as his/her entitlement under Petroleum Agreement by converting into foreign currency under the prevailing law.

17. Land acquisition or right of access to land

17. Land acquisition or right of access to land:

(1) Except for any land situated in an area prohibited for Petroleum Operations under Sub-section (1) of Section 9, if any land is required on either a temporary or permanent basis for conducting Petroleum Operations such land may be used or acquired as follows:
(a) If the land belongs to Government of Nepal , such land may be placed at the Contractor’s disposal in
consideration of a reasonable surface rent fixed by Government of Nepal .
(b) If the land is privately owned, Government of Nepal may, after acquiring the land on either temporary or
permanent basis in accordance with the prevailing law at the Contractor’s cost, allow the Contractor to make
use of such land.
(2) If any specific land is required for installing temporarily any equipment, tools or machinery or to conduct survey or any other works related to it in connection with Petroleum Operations, then in such a case, subject to the provision of Sub-section (3), anyone may enter into such land to carry out any of these works.
(3) If the performance of Petroleum Operations by Government of Nepal or a Contractor causes disturbance of the rights of the lawfulowner or damage to crops, trees, buildings, or any other property, Government of Nepal shall, by itself or by realizing from the Contractor, pay such compensation as may be determined in accordance with the
prevailing law

19. Penalty

19. Penalty:

(1) If any person conducts Petroleum Operations without entering into a Petroleum Agreement when such Petroleum Agreement is required under this Act, Government of Nepal may stop such Petroleum Operations,
confiscate the materials and tools used in Petroleum Operations as well as the Petroleum produced by such unauthorized means, and impose a fine extending up to One Hundred Thousand Rupees.
(2) If a Contractor does not comply with an order issued under Section 10, Government of Nepal may suspend Petroleum Operations so long as the Contractor does not comply with such order and if noncompliance
of such order causes injury to person or property, or damage to Petroleum reservoir, Government of Nepal may realize reasonable compensation there for from the Contractor.
(3) If a Contractor fails to submit any information or report to the Department pursuant to Section 18, Government of Nepal may, so long as such information or report is not submitted, suspend or stop the facilities
provided to the Contractor under this Act.
(4) If a Contractor acts in contravention of any of the provisions of this Act, Government of Nepal may either impose a fine which may extend to One Hundred Thousand Rupees or suspend or stop the facilities provided
to the Contractor under this Act for a stipulated period.
(5) Before initiating any action under Sub-sections (1), (2), (3) or (4), Government of Nepal shall provide to the concerned person a reasonable opportunity for submitting his/her clarification.
(6) Any person, who without reasonable excuse obstructs, molests or hinders any Contractor from undertaking Petroleum Operation under a Petroleum Agreement or any authorized act under this Act, shall be liable to
imprisonment for a term which may extend upto Six months or fine which  may extend upto One Thousand Rupees or with both by an order of the authority specified by Government of Nepal in a Notification published in
the Nepal Gazette.
(7) Any person not satisfied with the penalty imposed under Subsections (1), (2), (3), (4) or (6) may appeal to the Court of Appeal within Thirty-Five days.

20. Arbitration

20. Arbitration: Except as provided in Section 19, any dispute, controversy or claim between Government of Nepal and a Contractor arising out of or relating to Petroleum Agreement or the interpretation, breach or termination
thereof, and which cannot be mutually resolved shall be settled by arbitration in accordance with the procedure specified in the Petroleum Agreement.

21. Provision as to Petroleum refinery

21. Provision as to Petroleum refinery:

(1) Any one desirous of establishing a Petroleum refinery shall be required to obtain permission from
the Department.
(2) The particulars to be furnished by the person seeking permission under Sub-section (1), the form of the permission and the terms and conditions to be fulfilled in connection with petroleum refining shall be as
prescribed.
(3) The prevailing law shall apply in matters other than those mentioned in Sub-sections (1) and (2).

22. Power to frame Rules

22. Power to frame Rules:

(1) Government of Nepal may frame Rules for the purpose of achieving the objectives of this Act.
(2) Without limiting the generality of the power given by Sub-section (1), such Rules may provide for the following:
(a) provisions of Petroleum Agreements,

(b) configuration, survey and relinquishment of areas subject to Petroleum Agreement,
(c) selection of Contractors,
(d) safety measures to be adopted in the conduct of Petroleum Operation,
(e) reports and information to be provided by Contractor,
(f) procedure for inspection and investigation.

24. Savings

24. Savings:

(1) The provisions of Sections 5 and 13 of the Bonus Act, 2030 (1974) shall not be applicable to a Contractor and Sub-contractor.
(2) The provisions of the Foreign Investment and Technology Act, 2038 (1981) and the Industrial Enterprises Act, 2038 (1981) shall not benapplicable to a Contractor and Sub-contractor.
(3) Notwithstanding anything contained in the prevailing law the provisions of this Act and the Rules framed here under shall prevail.

25. Repeal

25. Repeal:

(1) In Section 2 of the Nepal Mines Act, 2023 (1966):
(a) The phrase “and the word includes any gas occurring in natural state or any such place where oil-well is
situated” occurring in clause (a) is deleted.
(b) Clause (d) is substituted by the following clause (d):
“(d) “Minerals” means all such natural substances that can be extracted from the ground except the petroleum.
(2) Clause (f) of Sub-section (2) of Section 16 is deleted.

Pokhara University Act, 2053 (1996)

Pokhara University Act, 2053 (1996) Date of Authentication and Publication 2053/11/5 B.S. (Feb. 16, 1997 A.D.)
Amendment:
1. Income Tax Act, 2058 (2001) 2058.12.19
2. Some Nepal laws Amendment Act, 2063 2063.6.28
3. Some Nepal Acts Amendment Act, 2064 2064.5.19
4. Republic Strengthening and Some Nepal Law Amendment Act, 2066 2066.10.7
Act No 33 of 2053 (1996)
An Act to make provisions relating to the Pokhara University
Preamble: Whereas, it is expedient to establish the Pokhara University for making
available opportunity of quality education to general public on Arts, Science, Law,
Management, Education, Technology and other subjects; for operation of higher level
educational institutions through the maximum participation of private sector in higher
education in order to enhance quality and standard of education on competitive basis,
and to make academic and educational atmosphere of the country more fair,
disciplined and result-oriented ;
Now, therefore, be it enacted by Parliament in the Twenty-Fifth year of the
reign of His Majesty King Birendra Bir Bikram Shah Dev

1. Short Title and Commencement

1. Short Title and Commencement:

(1) This Act may be called as the “Pokhara University Act, 2053 (1997)”.
(2) This Act shall come into force on such date as Government of Nepal may, by a Notification published in the Nepal Gazette, appoint

2. Definitions

2. Definitions: Unless the subject or the context otherwise requires, in this Act: –
(a) “University” means the Pokhara University established pursuant to Section 3.
(b) “Senate” means the University Senate as referred to in Section 7.
(c) “Academic Council” means the Academic Council as referred to in Section 10.
(d) “Executive Council” means the Executive Council as referred to in Section 12.
(e) “Service Commission” means the Service Commission as referred to in Section 14.
(f) “Faculty” means the faculty under section 15.
(g) “Research Center” means the Research Center under section 16.
(h) “Education Council” means the Education Council under section 17.
(i) “Dean” means the chief of the faculty.
(j) “Campus” means the constituent campus of the University and
includes any campus affiliated to the University.
(k) “Teacher” means the Professor, Reader, Lecturer and Assistant
Lecturer engaged in providing education or conducting research at
the University and this word also includes the instructors of various
levels at the University and the person specified as Teacher in the
Regulation made under this Act.
(l) “Prescribed” or “as prescribed” means prescribed or as prescribed in
the Rules framed under this Act.

3. Establishment of the University

3. Establishment of the University:

(1) The Pokhara University is hereby established for the operation of higher level educational institutions of Arts,
Science, Law, Management, Education, Technical and other prescribed subjects.
(2) The Central Office of the University shall be located in the Kaski
District

4. University to be Autonomous Corporate Body

4. University to be Autonomous Corporate Body:

(1) The University shall be an autonomous corporate body with perceptual succession.
(2) The University shall have a separate seal of its own for all of its business.
(3) The University may, like an individual, acquire, use, sell or
otherwise dispose of movable and immovable properties.
(4) The University may, like an individual, sue and may be sued in
the same name.

5. Organization of the University

5. Organization of the University : The organization of the University shall be as follows and their collective form shall be the structure of the University:
(a) Senate,
(b) Academic Council,
(c) Executive Council,
(d) Service Commission,
(e) Faculty,
(f) Education Council,
(g) Research Centre,
(h) Campus,
(i) Curriculum Development Centre, and
(j) Other bodies as prescribed.

6. Officials of the University

6. Officials of the University: The University shall have the following officials :
(a) Chancellor,
(b) Pro-Chancellor,
(c) Vice-Chancellor,
(d) Chairperson of the Service Commission
(e) Registrar,
(f) Dean,
(g) Chief of the Research Center
(h) Campus Chiefs
(i) Chief of Curriculum Development Center, and
(j) Other officials as prescribed

7. Constitution of the Senate

7. Constitution of the Senate :

(1) There shall be a Senate as the supreme body of the University.
(2) The constitution of the Senate shall be as follows: –
(a) Chancellor – Chairperson
(b) Pro-Chancellor – Vice-Chairperson
(c) Vice-Chancellor – Member
(d) ………………………
(e) Two persons from amongst Vice-Chancellors of other
Universities – Member
(f) Secretary, Ministry of Education – Member
(g) Three persons from amongst the educationists –
Member

(h) Deans – Member
(i) Three persons from amongst the Mayors of the
Municipalities including the Mayor of Pokhara
Municipality – Member
(j) Four persons from amongst the Campus Chiefs –
Member
(k) Three persons from amongst the Chairperson of the
Subject Committees of the University – Member
+
(k1) Representative of Nepal Profession Union – Member
(l) Representative, Pokhara University Teachers
Association – Member
(m) Three persons from teachers – Member
(n) Three persons from amongst the Presidents of the
District Development Committees including the
President of the Kaski District Development Committee
– Member
(o) Chairperson of the University Grants Commission or a
member designated by him – Member
(p) Three persons from amongst those who are fond of
education and social workers, – Member
(q) Four persons from amongst the industrialists, traders
and farmers – Member
(r) Two persons from amongst the donors -Member
(s) Two persons from the Headmasters of Higher
Secondary Schools – Member

(t) Two person from the Presidents of the Free Students
Unions of the Campus – Member
(u) Registrar- Member-Secretary
(3) Except the ex-officio members, the other members of the Senate
shall be nominated by the Chancellor on the recommendation of the
Executive Council.
(4) The term of office of the nominated members shall be of three
years.
(5) In case the office of the nominated members fall vacant for any
reason whatsoever, another person shall be nominated for the remaining
term having fulfilled the process referred to in Sub-section (3).

8. Meeting of the Senate

8. Meeting of the Senate :

(1) The meeting of the Senate shall be held at least once a year.
(2) Meetings of Senate shall be held on the date and at the time and place prescribed by the Chairperson.
(3) Member-Secretary of the Senate shall give notice along with agenda to be discussed in the meeting at least fifteen days in advance than the date of the meeting of the Senate.
(4) In case at least fifty percent of the total members of the Senate are present, it shall be deemed to have constituted the quorum.
(5) The meeting of the Senate shall be presided over by the Chairperson, and in absence of the Chairperson, by the Vice-Chairperson of the Senate and by the Vice-Chancellor in absence of the both Chairperson
and the Vice-Chairperson.
(6) Majority opinion in meeting of the Senate shall be binding and in case of tie the person presiding over the meeting shall exercise the casting vote.
(7) The Member-Secretary of the Senate shall authenticate decisions of the Senate.
(8) Other procedures relating to the meeting of the Senate shall be as prescribed by the Senate itself.

9. Functions, Duties and Powers of the Senate

9. Functions, Duties and Powers of the Senate :

The functions, duties and powers of the Senate shall be as follows :
(a) To formulate policies of the University.
(b) To formulate long-term programs for development of the University and to implement or cause to implement such programs,
(c) To guide to the University.
(d) To conduct and manage or to cause to conduct and manage academic programs of the University.
(e) To make or cause to make necessary arrangements relating to the establishment and affiliation of campuses.
(f) To determine the degrees to be conferred by the University.
(g) To issue directions and to provide guidelines to the constituent campuses of the University and the campuses affiliated to the University.
(h) To allow the University to launch a new program.
(i) To determine or cause to determine educational, academic and administrative policies of the bodies under the university.
(j) To approve annual budget and programs of the University.
(k) To discuss on annual reports of bodies under the University and to evaluate programs
(l) To appoint auditor, to discuss on audit report and to approve,
(m) To approve Bye-laws relating to the University
(n) To fix the number of posts of the employees and teachers needed for
academic and administrative functions of the University.
(o) To constitute various committees, sub-committees or task-forces as
per the need of the University.
(p) To perform other functions as may be prescribed.