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Concepts Papers

13. Other facilities relating to daily and travelling allowance

13. Other facilities relating to daily and travelling allowance:

(1) While making travelling in the course of joining the Court to which a Judge is newly appointed to or has been transferred, the daily and travelling
allowance shall be provided at the following rate to his or family member for one time in order to take his family from the place where he or she is in service for the time being to his or her house or to the place where he or she has been appointed or transferred to:

(a) Equivalent to the daily and travelling allowance to a member who is Ten years old or above,
(b) Half the allowance receivable by the Judge to a member who is below Ten years of age.

(2) While joining a Court where a Judge has been newly appointed or while joining a Court upon being transferred from One Court to that Court, the Judge shall be entitled to additional weight luggage fare for up to Forty kilograms in making travel by rail, bus or aircraft.

(3) If a Judge is detached from the service for any reason whatsoever and is to return home, he or she and his or her family member shall be entitled to the daily and travelling allowance pursuant to this Act and such allowance shall be provided by the Court where he or she is so detached from service.

(4) After the death of a Judge, his or her family member shall be entitled to the daily and traveling allowance pursuant to this Act from the Court where the deceased Judged was in service.
Provided that, the daily and travelling allowance shall not be given pursuant to this Sub-section to the family member who has resided elsewhere than the headquarters of the Court.

(5) A Judge who has already served for Three years in the same Court without taking any other leave than the casual leave and the festival leave shall, while going to and coming from his or her home on the home leave, be entitled to half the daily and travelling allowance of the daily and travelling allowance to which he or she is entitled pursuant to this Act.

Provided that, his or her family member shall not be entitled to the daily and travelling allowance pursuant to this Sub-section.

(6) A Judge who is transferred shall be entitled to an advance of the daily and travelling allowance receivable pursuant to this Act from the Court where he or she is in service on the condition that he or she would settle the advance in the Court of transfer.

4. Protection of Welfare of the Disabled Persons

4. Protection of Welfare of the Disabled Persons : The Government
of Nepal may make proper arrangement as per necessity to make
available the necessary medicine and medical service for the purpose of
treatment of disabled condition of the disabled persons, to minimize the
adversity caused by the infirmity to the best of possibility, to make them
obtain the accessories, equipments and tools necessary for achieving
capacity to work, to educationally, professionally, economically,
physically, mentally and socially rehabilitate, to make available welfare
aid and service and to fully get participated in the community on the
basis of equality

4. Hospital to be autonomous body

4. Hospital to be autonomous body :
(1) The Hospital shall be an autonomous body corporate with perpetual succession.
(2) The Hospital shall have a separate seal of its own.
(3) The Hospital may, like an individual, acquire, use, sell and dispose of, or otherwise deal with, any movable and immovable property.
(4) The Hospital may, like an individual, sue by its name and be also sued by the same name.

National Academy of Medical Sciences Act, 2064 (2006)

National Academy of Medical Sciences Act, 2064 (2006)
Date of Authentication and Publication 2063/8/17 B.S. (3 Dec. 2006 A.D.)
Act Number 26 of the Year 2063 (2006)
An Act to make provisions relating to
National Academy of Medical Sciences
Preamble: Whereas, it is expedient to establish and operate the National Academy of Medical Sciences to conduct high standard study and research activities and to provide for health services to the general public by
strengthening health service;
Now, therefore, be it enacted by the House of Representatives in the First year of the proclamation of the Declaration of the House of Representatives, 2063 (2006).

13. Functions, Duties and powers of the vice-Chairperson

13. Functions, Duties and powers of the vice-Chairperson:

1)TheVice- Chairperson shall be a full time official of the commission.
(2) The Vice-Chairperson shall have the following functions, duties and powers:
(a) To discharge the functions relating to the Commission as a Vice- Chairperson,
(b) To discharge the duty of post of the chairperson in a situation of leave, absence or otherwise deputation of the chairperson.
(c) To discharge the functions as prescribed by the Chairperson.

18. Filing charge sheet

18. Filing charge sheet:

(1) In the context of making decision pursuant to Sub-Section (2) of Section 17 as to whether file a case or not, if the study of the file suggests
that a case may be filed, then the Government Attorney shall prepare the charge sheet in the prescribed format stipulating the following information and Submit it to
the concerned court along with evidence (exhibits) and any objects relating to the crime, and if there is any detainee, also with that charge sheet:
(a) full name, surname and address of the accused,
(b) description of information of crime,
(c) description relating to crime,
(d) charge on the accused and evidence thereof,
(e) concerned law,
(f) punishment to be inflicted to the accused, and
(g) if there is any compensation to be paid to victim, the amount of such compensation.
(2) While specifying the charge in the charge sheet pursuant to Sub-Section
(1), if the crime has a nomenclature in the prevailing laws, it shall be mentioned accordingly. In case of the crime without any nomenclature in the prevailing laws,
elements of the crime shall be clearly mentioned so that the accused can clearly understand the charges made against him/her.
(3) If the accused has to bear more punishment on the reason that s/he had already received punishment before on any other crime, the date of such punishment
and the name of the court inflicting such punishment shall be mentioned.
(4) While filing charge sheet before the court pursuant to Sub-Section (1), if any approval is needed from the Government of Nepal or authorized Officer of the
Government of Nepal or any Officer prescribed by law, the document of such approval, file of investigation and the evidences found during investigation shall
also be Submitted; and if the accused has been arrested, s/he shall also be produced before the court.

12. Service Fund

12. Service Fund:

(1) The Government of Nepal shall establish a Service Fund for the operation of Service Centers established pursuant to Sub-section (1)
of Section 11.
(2) The fund shall consist of the following amounts established pursuant to Sub-section (1):
(a) The amount received from the Government of Nepal,
(b) The amount received from any national or foreign organization, institution or individual,
(c) The amount received from any other source.
(3) The management and operation of the Service Fund shall be as prescribed.