11C.72Power to make survey and measurement for plotting or integrated development: The Government of Nepal may make, or cause to be made, survey and measurement for the plotting or integrated development of any
private, governmental or public lands.
11D. Aerial survey, map publication etc. may be made by obtaining approval: Notwithstanding anything contained in the other Sections of this Act, if any person, other than the prescribed authority, wishes to make
an aerial survey, use the control stations set up by the Government of Nepal, publish maps prepared by the Government of Nepal or sell maps published abroad within ……Nepal74 such a person may do so, subject to
the observance of the prescribed terms and conditions. Provided that, no map published in aboard shall be sold in Nepal if it contradicts with the map prepared by Government of Nepal.
11E. (75 )Power to give permission to make survey and mapping:
(1) The Government of Nepal may give permission to any person or body to carry out acts of survey and mapping as prescribed, subject to the survey and measurement made pursuant to this Act.
(2) The matters relating to the fees leviable for the issuance of permission pursuant to Sub-section (1), the terms and conditions to be observed by the permission holder person or body and other relevant matters shall be as prescribed
12. Penalties:
(1) If, in making survey and measurement or setting up control point stations, any person obstructs, or causes someone to obstruct, the survey and measurement of land or setting up of such stations by disfiguring fences or signals, instigating people or manhandling or otherwise, the prescribed authority may punish such a person making such obstruction with a fine of up to Fifty Rupees for the first time, of Fifty to One Hundred Rupees for the second time and of One Hundred to FiveHundred Rupees for the third time or with imprisonment for a term of Six
months or with both.
(2) If a person is held to have made a false complaint that there is any kind of alternation in the land surveyed and measured pursuant to Section 8, the prescribed authority may punish such a person making such
false complaint with a fine of up to One Hundred Rupees.
(3) (76) The chief of Land Revenue Office 77 may fine the Jimidar who does not prepare and submit records within the time-limit pursuant to Section 3A. with up to Five Hundred Rupees, the Patuwari who does not
prepare and submit the same within the said time-limit with up to Three Hundred Rupees or the Jimidar or Patuwari who does not appear or send his or her representative with up to Five Hundred Rupees for the absence of
each day.
(4) 78 If any person shifts, demolishes or destroys or otherwise damages a control point station without the approval of the Department of Survey, the prescribed authority may recover the amount of such damages as well as the costs involved in the re-installation or repair of the control point station and also fine such a person with up to One Thousand Rupees. The prescribed authority may recover the amount of expenses incurred from the false complaint from the person who makes such false complaints in this respect and fine such a person with up to Five Hundred Rupees.
(5) 79 If any person does any act or action without obtaining permission pursuant to Section 11D., the prescribed authority may fine such a person with up to Twenty Thousand Rupees and all surveys and maps as well as other materials related with the action or act done or taken without obtaining permission shall be confiscated.
(6) 80 If any person does any other act or action in contravention of this Act, the prescribed authority may fine such a person with up to Ten Thousand Rupees.
13. Appeal: A person who is not satisfied with a decision made by the authority prescribed under Section 12 or the chief of Land Revenue Office82 may file an appeal to the concerned Court of Appeal 83within Thirty Five
days after the date of such decision.
Chapter-4
Abolition of Guthi Jimidari (Landholding)
22. Abolition of Guthi Jimidari (Landholding):
The Guthi Jimidari (landholding) is hereby abolished. As the consequence of such abolition, all rights and powers of the Jimidar, Patuwari, associated with the Jimidari of the concerned area of Guthi shall be deemed to have ipso facto ceased to exist. Provided that, in the case of the land under the Jimidari, it
shall be registered as Guthi Raitan Numbari in the name of the Jimidar in respect whereof Jimidari has been abolished.
23. Documents relating to Jimidari (landholding):
The person who has custody of the documents of Guthi Jimidari shall hand over such documents to the Corporation as and when so such an order is made by the Corporation.
24. Interim provision relating to recovery and realization of land revenue:
The concerned Jimidar, Patuwari shall recover and realize as previously the land revenue and pay the same to the Corporation unless and until the Corporation makes arrangement on the recovery and realization of the land revenue of the Guthi Jimidari abolished and give a notice thereof.
14. Power to frame Rules: The Government of Nepal may frame rules in order to implement the objects of this Act.
15. Validity of acts or actions done or taken previously: Any acts or actions required to be done or taken pursuant to this Act or the Rules framed hereunder prior to the commencement of this Act shall be deemed to have been done or taken under this Act.
16. Repeal: For the purposes of this Act, numbers 7, 8, 9 and 10 of land Goshowara of the Muluki Ain (General Code) and Nepal law relating to survey and measurement of lands shall be deemed to have been repealed.
Chapter-5
Rajguthi Land
25.28 Management of Guthi Tainathi (Guthi owned) land:
(1)29 The Corporation itself may cultivate the Guthi Tainathi land or get it registered by way of Dutch auction (lilam badabada).
(2) In the case of barren land out of the Guthi Tainathi land, the Corporation may make any of the following arrangements, depending on the circumstance:
(a) To cultivate the land by the Corporation itself,
(b) To provide it to any particular farmer ………………. 30 for cultivation, by remitting only the crop rent for some years as prescribed,
(c) To convert the land into …………31 the Guthi Raitan Numbari land and register it, with specification of the terms and conditions as prescribed.
(3) Notwithstanding anything contained in Sub-sections (1) and (2), if any Guthi Tainathi land seems to be appropriate for a house, housing plot or industry, trade, the Corporation may, in view of the importance of use and place, convert such Guthi land and the Guthi Tainathi land, having been cultivated by itself or caused to be cultivated, irrespective of it being cultivated or barren one, into the
Guthi Raitan Numbari land, …………32 by way of Dutch auction as prescribed, 33and in the case of a Guthi Tainathi land in which a house was built with investment of his or her own capital prior to 26
Chaitra 2046 and one has resided there, such house and housing plot may be converted into the Raitan Numbari land and registered in one’s name on the basis of the price specified by the evaluation
committee, as provided elsewhere in this Act.
(4) Notwithstanding anything contained in Sub-sections (1), (2) and (3), no religious as well as public barren land where shrines are situated or which is related with temples, festivals, worships and
feasts shall be registered in the name of any person. Even if such a land has been registered, the Corporation may void the registration of such a land.
26. Management of Guthi controlled (adhinastha) land:
(1) Upon the commencement of this Act, all rights and powers of the registration holder in any Guthi controlled land in relation to which the tiller (jotaha) pays the crop rent to the registration holder and the registered tenant pays rent in kind in whole or partly in kind and partly in cash as per the rate of the Guthi, in the Kathmandu Valley and the hilly areas shall cease to exist and the Corporation shall have full ownership in such a land; and the actual tiller farmer shall obtain the tenancy right in such a land.
(2)34 The registered tenant whose right ceases to exist pursuant to Sub-section (1) shall obtain, as prescribed, a compensation in a sum to be set by Ten fold of the land revenue leviable in his or her
previous land in accordance with the prevailing law. The registration holder who so obtains compensation shall obtain the compensation by deducting therefrom the arrears, if any, payable by the registration holder to the Guthi.
(3) 35 The actual tiller farmer who becomes entitled to tenancy right upon the termination of the registration holder’s right shall pay to the Corporation, as prescribed, the compensation to be provided to the registered tenant pursuant to Sub-section (2).
(3a)36 If it appears that the registered tenant has defaulted on the crop rent required to be paid to the Corporation, the tiller farmer shall have to submit an evidence of payment of such rent paying during that period of arrear to the registered tenant to the Corporation.
(3b)37 In the event of failure to submit the evidence of payment of rent pursuant to Sub-section (3a), the crop rent to the extent of which evidence of payment of rent could not be submitted shall have to be paid to the Corporation.
(4) 38 If the actual tiller farmer who becomes entitled to tenancy right upon the termination of the registration holder’s right fails to pay the amount of compensation as referred to in Sub-section (3) or to pay the crop rent in arrears pursuant to Sub-section (3b) in the manner as prescribed, action may be taken as if the crop rent of that land were not paid and another tenant may be established in that land by
collecting the prescribed fees.
(5)39 If another tenant is established by taking action pursuant to Sub-section (4), such a tenant shall pay the remaining sum of the compensation payable to the registered tenant whose right has been
terminated pursuant to Sub-section (3) and the crop rent as referred to Sub-section (3b) to the Corporation in the manner as prescribed. (6) 40 ……………..
(7) Notwithstanding anything contained in this Section, if any person has obtained the right pursuant to law and built a house and resided in any Guthi owned land, the land up to the ceiling of land that can be held for house and cartilage pursuant to the prevailing Nepal law shall be registered in tenancy in the name of that person.
Lumbini Bouddha University Act, 2067 (2006)
Date of Authentication and Publication
2063/7/20 B.S. (June 17, 2006 A.D.)
Amendment
Republic Strengthening and Some Nepal Laws 2066/10/7
Amendment Act, 2066 (Jan. 21, 2010)
Act Number 16 of the Year 2063 (2996)
An Act to make provisions relating to the
Lumbini Bouddha University
Preamble: Whereas, it is expedient to establish and operate the Lumbini
Bouddha University from the peoples level; to operate high standard educational
institutions on Buddhist Philosophy, Literature, Education and Culture; to conduct
study, teaching and research programmes by promoting peace, fellowship
(brotherhood), friendship or goodwill upon accepting the teaching of Lord Buddha
as a guiding principles of world peace.
Now, therefore, be it enacted by the House of Representative in the First
year of the Declaration of House of Representative, 2063
Chapter 1 Preliminary
1. Short Title and Commencement:
(1) This Act may be called as the ” Lumbini Bouddha University Act, 2063 (2006)”.
(2) This Act shall come into force from the 23 Baishakha of the Year 2063 (May 6, 2006).
2. Definitions: Unless the subject or the context otherwise requires, in this Act: –
(a) “University” means the Lumbini Bouddha University established pursuant to Section 3.
(b) “Senate” means the Senate of 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) “Faculty” means the faculty as referred to in Section 14.
(f) “Education Council” means the Education Council as referred to in Section 15.
(g) “Campus” means the constituent campus of the University and this expression also includes any campus affiliated to the University.
(h) “Dean” means the chief of the faculty.
(i) “Teacher” means the Professor, 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 Rules made under this Act.
(j) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act
Chapter 2 Establishment of the University
3. Establishment of the University:
(1) The Lumbini Bouddha University has been established to operate higher level educational institution for the study, teaching and research on Buddhist Philosophy, Literature, Education and Culture.
(2) The Central Office of the University shall be located in the Lumbini area of Rupandehi district.
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 for all of its activities.
(3) The University may, like an individual, acquire, use, sell or otherwise dispose of movable and immovable property.
(4) The University may, like an individual, sue and may be sued in the same name
Chapter 3 Provision relating to Organizational Structure
and Officials 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) Faculty,
(e) Education Council,
(f) Campus, and
(g) Other bodies as prescribed.
6. Officials of the University: The University shall have the following officials:
(a) Chancellor,
(b) Pro-Chancellor,
(c) Vice-Chancellor,
(d) Registrar,
(e) Dean,
(f) Campus Chief,
(g) Other officials as prescribed.
Chapter 4 Provision relating to Senate of the University
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) Member, National Planning Commission (looking after Education sector) – Member
(f) Two persons from amongst Vice-Chancellors of other Universities – Member
(g) Chairperson, University Grant Commission – Member
(h) Secretary, Ministry of Education and Sports – Member
(i) Secretary, Ministry of Finance – Member
(j) Secretary, Ministry of Culture, Tourism
and Civil Aviation – Member
(k) Regional Administrator of the
Concerned Development Region – Member
(l) Vice-chairperson of the Lumbini
Development Trust – Member
(m) Dean – Member
(n) Two persons from amongest the
Campus Chiefs – Member
(o) One person from amongest the Teachers – Member
(p) Representative from of the Nepal
Professor Union – Member
(q) President of the District Development Committee where the University is located -Member
(r) Ten persons including One woman from each development region from
amongest the highly renowned learned persons on Buddhist Philosophy,
Literature, Education and Culture – Member
(s) Seven persons including Three women from representative of Nationally or
Internationally recognised institutions relating to Buddhist Philosophy – Member
(t) Two persons from amongest Donors – Member
(u) One person from amongst educationist or social worker – Member
(v) 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 tenure of office of the nominated members shall be Three years.
(5) In case the office of a nominated member falls vacant for any reason whatsoever, another person shall be nominated for the remaining term having fulfilled the process referred to in Sub-section (3).
8. Meetings of the Senate:
(1) The meetings of the Senate shall be held at least Twice a year.
(2) The 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 meetings 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 meetings of the Senate shall be presided over by the Chairperson, and in absence of the Chairperson, by the ViceChairperson, of the Senate. It shall be presided over by the ViceChancellor in absence of the both Chairperson and the ViceChairperson.
(6) Majority opinion in meetings of the Senate shall prevail 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 the decisions of the Senate.
(8) Other procedures relating to the meetings of the Senate shall be as determined by the Senate itself.
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 guide to the University.
(c) To operate and manage the educational programmes of the University.
(d) To carry out or cause to carry out necessary function relating to establishment and affiliation of the campus.
(e) To determine and award the degrees to be conferred by the University.
(f) To direct and guide constituent campus of the University orcampus affiliated from the University.
(g) To formulate educational and administrative policy of the different bodies under the University.
(h) To constitute various committees, sub-committees or task-forces as per the necessity of the University.
(i) To approve annual budget and programmes of the University,
(j) To discuss on annual reports of bodies under the University and to evaluate their programmes,
(k) To discuss and approve the audit report of the University,
(l) To approve Rules relating to the University,
(m) To determine the conditions of service of Official, Teacher and Employee.
(n) To protect or cause to protect property of the University.
(o) To perform other functions as prescribed.
Chapter-6
Provisions Relating to Tenants
27. Tenancy right to be established:
The actual tiller farmer shall be entitled to the right of tenancy in a Guthi land in accordance with the
prevailing law. Provided that41 :
(a) A functionary (Rakami) who is entitled to till and possess the land in consideration for the performance of any specific function of the Guthi shall not be entitled to the tenancy right in such a land.
(b) No tenancy right shall be established in a barren Guthi land which has a garden and not been cultivated since ago or is situated in such town and market as may be prescribed.
28. Rent (kut) and tax (tiro) leviable on Guthi land:
(1) In relation to the Guthi land on which rent has to be paid to the Corporation, there shall be levied the same rent as receivable by the governmental registered landowner from the tenant according to the place and type of the land.
42Provided that, where the rent lesser than that leviable as per the type has been paid at the time of the commencement of this Act, the rent shall be collected accordingly.
(2) 43 Where the tenant has paid other type of in-kind except paddy, rice, maize, millet and wheat at the time of the commencement of this Act, the tenant shall pay the in-kind as previously. Provided that, no in-kind shall be collected pursuant to this Sub-section in such a manner that the price of the in-kind goods is in excess of the value of rent payable by the tenant pursuant to Subsection (1) per Ropani or Bigaha.
(3) 44 The Corporation shall have the power to determine the value/price of the in-kind goods to be paid by the tenant pursuant to Sub-section (2).
(4) 45 The tenant may also pay the rent levied on the Guthi land in cash according to the local market rate.
(5) 46 The Corporation may give a concession of up to Fifteen percent of the rent to one who pays the crop rent in time as specified in Sub-section (1) of Section 29 for the payment of the rent.
42 Inserted by the First Amendment.
43 Amended by the First Amendment.
44 Inserted by the First Amendment.
45 Inserted by the First Amendment.
46 Inserted by the First Amendment.
29. Provisions on payment of rents:
(1) Tenants on Guthi lands who are under obligation to pay rents to the Corporation shall make such
payment within the time-limit prescribed for the payment of rents by tenants on government Raikar lands. If a tenant does not pay rent within the time limit, the Corporation may terminate the tenancy right of such a tenant. Provided that, the Corporation may extend the time-limit for the payment of rents by a maximum period of Two months if it so considers necessary.
(2) Any tenant who is not satisfied with the termination of his or her tenancy right pursuant to Sub-section (1) may submit a complaint to the Government of Nepal within Thirty-five days.
(3) The decision made by the Government of Nepal on a complaint submitted pursuant to Sub-section (2) shall be final.
(4) The Corporation may recover arrears of rent due from a tenant whose tenancy right has been terminated pursuant to Subsection (1), as a governmental due.
(5) Action shall be taken according to the prevailing Nepal law in relation to the remission of rents payable to the Corporation.
30. Special provision relating to transaction in tenancy right:
Notwithstanding anything contained in Lands Act, 1964 and other prevailing Nepal law, the tenancy right in a land cultivated on tenancy according to this Act may be sold and purchased.
30A.47Prohibition on sale of Khangi land assignment:
No person to whom the Guthi land has been assigned as Khangi shall mortgage or otherwise relinquish the title thereto, and in cases where the title is so relinquished, the document of relinquishment of title shall be deemed ipso facto invalid.
47 Inserted by the First Amendment.
31. 48 In relation to land which became unclaimed (ukas):
The Corporation itself may cultivate or use in another purpose any land which has been left and made barren (ukas) after defaulting in the payment of rents or other dues payable to the Corporation.
32. Payment of land revenue on Guthi Raitan Numbari land:
(1) The owner of a Guthi Raitan Numbari land shall pay the land revenue to the Corporation at the same rate as the owner of a government Raikar land pays the land revenue to the Government of Nepal
according to the grade of the land.
(2) The rights and status of the owner of a Guthi Raitan Numbari land shall be the same as those of the owner of a government Raikar land according to the prevailing laws.
(3) For the purpose of this Section, the term “landowner” means a person in whose name the Guthi land has been registered subject to the payment of land revenue to the Corporation and who possesses rights in such land by virtue of such registration, as well as a person who has acquired rights to have the land registered in his or her name as a result of partition or inheritance, or of relinquishment of title by the owner according to the prevailing Nepal law.
33. Provisions for the realization of land revenue:
(1) The Corporation shall make arrangements for the recovery/realization of land revenue.
(2) The time-limit for the recovery of land revenue shall be as prescribed in the prevailing Nepal law. Provisions contained in the prevailing Nepal law regarding the imposition of fines in cases where
the land revenue is not paid within the prescribed time-limit, and on auction of lands for recovering arrears of the land revenue, and remission of land revenue shall be applicable also in respect of the land revenue to be collected by the Corporation. The offices designated for the collection of land revenue on Guthi lands may exercise the powers relating to the recovery of the land revenue in accordance with the prevailing Nepal law.
34. Provisions relating to the recovery of rent (bahal) and land rent (bhu bahal):
(1) In cases where any Guthi lands have been allotted for the construction of houses and shops on payment of the land rent, or where houses and shops have been constructed by the Guthi itself and given in rent, or existing Guthi inns (pati) and roadside shelters (pauwa) have been so given, and rents have been collected accordingly, the Corporation may cause a new bond to be executed in respect of such rent or land rent after the commencement of this Section. While executing a new bond, the amount of rent or
land rent shall be as specified by the Corporation.
(2) Any person who occupies it on the rent or land rent basis shall execute a new bond within the time-limit as specified by the Corporation. In cases where any such person fails to do so, the right of the person occupying it on the rent or land rent basis to possess and use the house or shop shall ipso facto lapse, and the Corporation may give such house or shop to any other person in rent, or occupy the
same itself.
35. Registration of tenants on payments of fees:
(1) In cases where any Guthi land has been allotted on the land rent since before the commencement of this Act and the person holding the land on the rent basis wishes to get it to be registered on the tenancy, the Corporation may register it on the tenancy by collecting the prescribed fees.
(2) In cases any person has already constructed a building in a Guthi land without obtaining the approval of the Corporation, at the time of the commencement of this Act, the Corporation may register
such a land on tenancy by collecting the prescribed fees.
(3) If, after the commencement of this Act, any person requests the Corporation for permission to construct a building on a Guthi land registered in his or her name in the capacity of a tenant or in a barren (ailani) or uncultivated (banjho) Guthi land which has not been registered in the mane of any person or in a Guthi garden or orchard, the Corporation may grant such permission by collecting the
prescribed fees. In cases where any person constructs a building in such a land without obtaining the permission of the Corporation, the right of such a person in such a land and building constructed therein
shall terminate and devolve on the Corporation.
49Provided that, in cases where a house has been built before the commencement of this proviso Clause, and the Corporation is of the opinion that the person who has built such a house has no mala fide intention, the Corporation may, with the approval of the Government of Nepal, register it as a tenancy holding, by collecting the prescribed additional fees.
(4) Notwithstanding anything contained in Sub-sections (1), (2) and (3), it shall not be required to obtain permission from the Corporation for the construction of buildings on Guthi Raitana Numbari lands.
36. 50 Registration as Guthi Raitana Numbari lands:
In cases where any registered tenant cultivating any Guthi land desires to have such land converted into a Guthi Raitana Numbari land and registered in his or her name, the Corporation shall register the Guthi Raitana Numbari land in his or her name if he or she pays the prescribed amount to the Corporation in the prescribed manner.
Chapter 5 Provision relating to Academic Council
10. Constitution of Academic Council:
(1) There shall be an Academic Council to manage the educational and academic functions of the
University.
(2) The Academic Council shall be constituted as follows:
(a) Vice-Chancellor – Chairperson
(b) Registrar – Member
(c) Five persons from amongst the Chairperson of the different Subject
Committee of the University – Member
(d) One person from amongest the Teachers -Member
(e) Two persons including One woman from amongst the highly renowned
learned persons on Buddhist Philosophy, Literature, Education and Culture – Member
(f) Dean Member-Secretary
(3) The members other than the ex-officio members shall be nominated by the Chancellor on the recommendation of the Executive Council.
(4) The tenure of office of the nominated members shall be Three years.
(5) Notwithstanding anything contained in Sub-section (4), in case the function of a nominated member of the Academic Council is found unsatisfactory, the Chancellor may remove him/her at any time on the recommendation of the Executive Council.
Provided that, he/she shall be given a reasonable opportunity to defend him/herslf before removing from the office.
(6) In case the office of a nominated member falls vacant for any reason whatsoever, another person shall be nominated for the remaining term having fulfilled the process referred to in Sub-section (3).
(7) Procedures relating to the meetings of the Academic Council shall be as prescribed.
11. Functions, Duties and Powers of the Academic Council:
The functions, duties and powers of the Academic Council shall be as
follows:–
(a) To determine and approve the curriculum of the University,
(b) To fix the modes of examination to be conducted by the University,
(c) To determine the qualifications and number of students to be admitted,
(d) To formulate policies relating to research and to approve the research programmes,
(e) To evaluate the educational programmes of the students,
(f) To determine the standard of teaching and research,
(g) To arrange for honorary degrees,
(h) To perform such other functions as prescribed.
Chapter 6 Provision relating to Executive Council
12. Constitution of Executive Council:
(1) There shall be an Executive Council to act as the executive body of the University.
(2) The Executive Council shall be constituted as follows:
(a) Vice-Chancellor – Chairperson
(b) Dean – Member
(c) One person from amongst the Campus Chiefs who is a member of a Senate – Member
(d) One person including from amongst the highly renowned
learned persons on Buddhist Philosophy, Literature, Education and Culture – Member
(e) Two persons including One woman from amongst the Teachers – Member
(f) Registrar – Member-Secretary
(3) The members pursuant to Clauses (b), (c), (d) and (e) of Subsection
(2) shall be nominated by the Chancellor on the recommendation of the Vice-Chancellor.
(4) The tenure of office of the nominated members shall be Threeyears.
(5) Notwithstanding anything contained in Sub-section (4), incase the function of a nominated member of the Academic Council is found unsatisfactory, the Chancellor may remove him/her at any time on
the recommendation of the Vice-chancellor. Provided that, he/she shall be given a reasonable opportunity to
defend him/herslf before removing from the office.
(6) In case the office of a nominated member falls vacant for any reason whatsoever, another person shall be nominated for the remaining term having fulfilled the process referred to in Sub-section (3).
(7) Procedures relating to the meetings of the Executive Council shall be as prescribed.
Provided that, the procedures relating to meetings shall be determined by Executive Council itself until the Rules are made as per this Act.
13. Functions, Duties and Powers of the Executive Council: The functions, duties and powers of the Executive Council shall be as follows:
(a) To execute or cause to execute the decisions and directives of the Senate,
(b) To prepare annual programmes, budget, progress report, audit report and other resolutions (matters) of the University and introduce them in to the Senate for approval,
(c) To operate, look after and protect the fund and movable or immovable property of the University,
(d) To sell or lease or contract movable or immovable property of
the University subject to the policy and direction of the Senate,
(e) To coordinate, look after and supervise the programmes conducted by the University and to submit report thereof to the Senate,
(f) To draft Rules relating to the University and submit them to the Senate for approval,
(g) To appoint and promote teachers and employees necessary for the University as prescribed,
(h) To accept donation, financial and other assistance to the University,
(i) To determine the fees of the student,
(j) To carry out other functions as prescribed.
Chapter 7 Provision relating to Faculty, Research Centre and Other Bodies
14. Faculty:
(1) There shall be prescribed faculties on the prescribed subjects for the higher education to be imparted by the University.
(2) The functions, duties and powers of the faculties shall be as prescribed.
15. Education Council:
(1) There shall be an Education Council for the operation of educational and academic programmes in faculty.
(2) There shall be subject committees under the Education Council as prescribed.
(3) Functions, duties and powers and procedures relating to meetings of the Education Council and committees thereunder shall be as prescribed.
16. Establishment and Operation of Campus:
(1) The University may, in order to impart higher education, establish and operate campus.
(2) Provisions relating to the campuses to be established and operated by yhe University as referred to in Sub-section (1) shall be as prescribed.
17. Affiliation to the University:
(1) In case any national or a foreign campus wishes to be operated upon getting affiliation to the university,
the University may grant affiliation to such campus.
(2) The campus affiliated pursuant to Sub-section (1) shall have to pay the affiliation fees, every year, to the University.
(3) The campus affiliated pursuant to Sub-section (1) shall have to abide by the terms and conditions as determined by the University.
18. Other bodies may be constituted:
(1) There shall be other prescribed body in the University other than mentioned in this Act.
(2) The constitution and operation of the body as referred to in Sub-section (1) shall be as prescribed.
Chapter 8 Provision relating to the Officials of the University
19. Chancellor:
(1) The Prime Minister shall be the Chancellor of the University.
(2) The Chancellor shall be the chief of the University and chairperson of the Senate.
(3) The Chancellor may inspect the University or any matter relating to the University and issue necessary directions.
20. Pro-Chancellor:
(1) The Minister or the Minister of State for Education and Sports shall be the Pro-Chancellor of the University.
(2) The Pro-Chancellor may inspect the University and give directions to the University as per necessity.
21. Vice Chancellor:
(1) The Vice-Chancellor shall be the chief official, working for full-time, at the University.
(2) In order to recommend for appointment to the post of Vice- Chancellor, a committee in the chairperson of Pro-chancellor with Two members of the Senate shall be constituted by the Chancellor and the Chancellor shall appoint Vice-chancellor as per recommendation of such committee.
(3) The tenure of office of the Vice-Chancellor shall be Four years.
(4) The remuneration, facilities and conditions of service of the Vice-Chancellor shall be as prescribed.
22. Functions, Duties and Powers of the Vice-Chancellor:
(1) The functions, duties and powers of the Vice-Chancellor shall be as follows:-
(a) To supervise and control all functions and activities of the University.
(b) To execute or cause to execute the decisions and directions of the Senate.
(c) To introduce resolutions relating to all matters to be introduced in the Senate.
(d) To prepare or cause to prepare short term and long term programmes for development of the University.
(e) To represent or cause to represent in various bodies on behalf of the University.
(f) To manage necessary resources for the University.
(2) The Vice-Chancellor shall carry out the functions other than those which are said to be carried out by any agency or official under this Act or Rules framed thereunder. The Vice-Chancellor shall immediately inform to the Chancellor about such functions and shall be approved by the meeting of the Senate to be held immediately
thereafter.
(3) Other functions, duties and powers of the Vice-Chancellor shall be as prescribed.
23. Registrar:
(1) The Registrar shall be the official working for the full time at the University.
(2) The Registrar of the University shall be appointed by the Chancellor on the recommendation of the Vice-Chancellor.
(3) Academic, financial and personnel administration of the University shall be under general supervision of the Registrar.
(4) The tenure of office of the Registrar shall be Four years.
(5) The other functions, duties and powers, remuneration, facilities and conditions of service of the Registrar shall be as prescribed.
24. Dean: (1) The Dean shall be the chief officer working for full time at Faculty.
(2) The Dean shall be appointed by the Vice-chancellor.
(3) The tenure of office of the Dean shall Four years.
(4) The functions, duties and powers, remuneration, facilities and
conditions of service of the Dean shall be as prescribed.
25. Other Officials:
(1) There shall be Campus Chief and other officials at the University as prescribed.
(2) The appointment, functions, duties and powers, remuneration, facilities and conditions of service of the officials pursuant to Sub-section (1) shall be as prescribed.
26. Provision relating to Teacher and Employee:
(1) There shall be teachers and employees at the University as prescribed.
(2) There shall be a Recruitment Committee for the appointment and promotion of teachers and employees.
(3) The appointment, functions, duties and powers, remuneration, facilities and conditions of service of teachers and employees pursuant to Sub-section (1) shall be as prescribed.
27. Vacant of Post: The post of the Officials of the University shall become vacant in the following circumstances:
(a) if he/she dies,
(b) if he/she submits resignation to the appointing authority,
(c) if he/she has been sentenced from court in criminal offence amounting moral turpitude.
(d) if it is proved that his/her mental condition is found not good, or
(e) If he/she is removed from the post pursuant to this Act.
28. Removal from Office:
(1) If One Fourth of the currently existing members of the Senate make an application in writing to the
Chancellor that the Vice-Chancellor, Registrar or Dean are failing to perform the duties of their respective posts or not performing their duties honestly or not abiding by the conduct as required to their post, the
Chancellor shall form Three members Inquiry Committee under the chairpersonship of the member of the Senate consisting member of the University Grant Commission and Secretary at the Ministry of Education
and Sports..
(2) The Inquiry Committee formed pursuant to Sub-section (1) shall hold necessary inquiries into the matter and submit its report to the Chancellor within Thirty days.
(3) Upon receiving the report pursuant to Sub-section (1), the Chancellor shall submit it to the Senate.
(4) In case, more than Fifty percent members presenting in the meeting decide to remove from office to the Vice-Chancellor, Registrar or Dean in the course of discussions on that report submitted pursuant to Subsection
(2), the Chancellor shall remove Vice-Chancellor, Registrar or Dean from office.
Provided that, they shall be given a reasonable opportunity to defend themselves before removing from the office.
(5) In case, an inquiry is started against any official pursuant to this Section, he/she shall not be eligible to perform his/her official duty till the final decision is made.
(6) The process of removal from office or make an inquiry to other official besides the Vice-Chancellor, Registrar or Dean on the charge pursuant to Sub-section (1) shall be as prescribed.
Chapter 7
Miscellaneous
37. Provisions relating to ceilings:
All provisions of the prevailing Nepal law relating to ceilings (hadbandi) shall be applicable in respect to the Guthi landowners of Guthi Raitana Numbari lands and tenants of Guthi lands, and for this purpose, ceilings shall be established by taking into account both Guthi lands and government Raikar lands.
38. Special provisions relating to Guthi Raitana Numbari lands:
In cases where any person has obtained any land which is Guthi owned under this Act in any manner and under any arrangement which is contrary to the interests of the Rajguthi and the Corporation,
such rights and privileges obtained under any arrangement made subsequent to the enforcement of the Guthi Corporation Act, 2021 (1964) shall ipso facto lapse, and the rights and ownership of the
Corporation and the Rajguthi shall ipso facto revive in such cases. Provided that:
(1) In cases where lands obtained by any persons under any arrangement have been used for house and cartilage, these shall be registered in their name in the capacity of landowners, subject to the ceilings imposed by other prevailing law, and in respect of the remaining areas, rents shall be paid to the Corporation in accordance with this Act.
(2) This Section shall not be applicable to any Guthi lands which are registered by the Guthi Corporation as Guthi Raitana Numbari lands, in the name of any persons, by obtaining approval of the Government of Nepal, subject to the ceiling of Ten Bigaha.
39. 51 Registration of Guthi building or land as previously:
(1) If it is proved that any Guthi Tainathi land is registered as Guthi controlled land, Guthi controlled land as Guthi Raitana Numbari land or Guthi land or building as Raikar, the Administrator or administrative chief carrying out the functions of the Administrator may register such a
Guthi land or building as Guthi Tainathi land, Guthi controlled land or Guthi Raitana Numbari land as existed previously. After such registration the earlier registration of that land or building shall be
obliterated (lagat katta).
(2) Any person who is not satisfied with a decision made by the Administrator or the administrative chief carrying out the functions of the Administrator pursuant to Sub-section (1) may file an appeal before the Court of Appeal against the decision within Thirty Five days.
40. Attachment of property:
In cases where the concerned office receives a request from the Corporation for the attachment of the
immovable property which has been pledged as collateral with the Corporation, the office shall attach such property in such a manner that it cannot be sold, mortgaged on usufruct or at sight or otherwise
to any person in any manner.
41. Recovery of arrears:
(1) The Corporation may recover such land revenue, crop rent, rent, land rent, advance, contract revenue, fine, amount in question, fee, additional fee, charge etc. 52 as to be recovered by the Corporation by auctioning the collateral or other property of the concerned person.
(2) The Corporation may, if it so deems appropriate, recover arrears pursuant to Sub-section (1) by installments and collect interest at a rate not exceeding Ten percent per year.
51 Amended by the Second Amendment.
52 Inserted by the First Amendment.
53(3) Notwithstanding anything contained in Sub-sections (1) and (2) and Section 28, the Corporation may recover arrears for the prescribed period by installments in cash at the prescribed rates.
42. Reimbursement for land acquired by the Government of Nepal:
If the Government of Nepal acquires any Guthi land, it may reimburse a land instead of the amount of compensation of that acquired land. Provided that, in cases where a Guthi Raitana Numbari land is
acquired, the Government of Nepal shall pay compensation to the Corporation in consideration for the land revenue leviable on that land.
42A.54 Power of Government of Nepal to acquire Guthi land:
If the Government of Nepal thinks that it is necessary to provide, or cause to be provided, any Guthi land owned by the Corporation for social welfare or community interest, it may, in view of practicality,acquire
such a land at a concessional rate.
43. Tirja system may be abolished:
Where Mahants, priests, Guthiyars and other functionaries of any Guthis have been getting inkind
emolument through land allotments or Tirja system entitling them to collect rents on lands assigned for that purpose, the Corporation may provide for the payment of remuneration to them instead of such in-kind emolument.
44. Provisions relating to ancient idols and ornaments:
(1) The Mahants, priests, Guthiyars and other functionaries of Rajguthis shall prepare current inventories of the ancient idols of God and Goddess, ornaments and utensils in their custody in such a manner as to ensure their safety and have such records inspected by the Corporation.
53 Inserted by the First Amendment.
54 Inserted by the Second Amendment.
(2) When such Mahants, priests, trustees and other functionaries are changed, they shall hand over to their successors the items in their custody as listed in the inventory.
(3) In cases where a person who has taken custody of ornaments, utensils etc. of God, Goddess of Rajguthis which are not in current use desires to have them deposited safely with the Corporation, he or she may hand them over to the Corporation. In cases where the Corporation so desires, it may have such ornaments and utensils deposited with it.
45. To make arrangements of ornaments and other properties:
(1) The Corporation shall make necessary arrangements for the safety of ornaments, utensils and other properties offered to the God, Goddess of Rajguthis.
(2) If, in making inspection of the ornaments and other properties offered to the God, Goddess, there appears a shortfall except on reasonable grounds, the Corporation may have the custodian thereof make good of the shortfall. In cases where he or she does not do so, the amount of such shortfall shall be recovered from him or her as a government due.
46. In relation to fairs and markets (hhat bazar) in Guthi lands:
(1) Notwithstanding anything contained in the prevailing Nepal law, Fifty percent of the proceeds of duties or fees collected by the Village Development Committee or 55Municipality from fairs and markers
held in Guthi lands shall be handed over to the Corporation.
(2) Notwithstanding anything contained in Sub-section (1), the Corporation may, if it so desires, itself manage or use the Guthi lands in which such fairs or markets are held.
55 Amended by the Second Amendment.
47. In relation to survey and measurement of Guthi lands:
(1) In surveying and measuring Guthi lands, the concerned authority shall, before doing so, give a notice thereof to the Office of the Corporation.
(2) In cases where a notice is not given to the Corporation pursuant to Sub-section (1), departmental action shall be taken against such authority according to the prevailing law relating to the terms and conditions of his or her service.
48. Issue of provisional certificate:
The office which issues certificates in respect of Raikar lands shall also issue tillers’ provisional certificates and permanent land ownership certificates in Guthi lands.
49. Demarcation of plots:
The registration office shall demarcate plots on Guthi lands when it is necessary to do so.
50. Registration as Guthi land to be made:
In cases where any person had willfully registered Guthi lands as Raikar prior to the commencement of this Act, that person shall again register such lands as Guthi land within Six months after the date of the commencement of this Act.
51. Consolidation of Guthi Tainathi lands:
If the Corporation considers it necessary to consolidate holdings in Guthi Tainathi lands, it may make such consolidation (chaklabandi) by exchanging lands.
52. Power to give directives to the Corporation:
In cases where the Government of Nepal so considers necessary, it may give necessary directives to the Corporation. The Corporation shall comply with such directives, if any, so given.
53. 56 Obligation to extend cooperation to the Corporation:
The local administration, police and Village Development Committee or Municipality57 shall extend cooperation to the Corporation in carrying out acts such as performing traditional Guthi functions, protecting the movable and immovable assets of Guthis, and evicting any person who forcibly occupies any house or land belonging to the Corporation or any temple, inn or shelter without permission of the Corporation.
54. Punishment to person who does not furnish statement or pay land revenue:
If any person fails to furnish such statements, documents or pay such land revenue as required to be furnished or paid to the Corporation pursuant to Section 21, 23 or 24, such a person shall be liable to a fine not exceeding Twenty Five Hundred Rupees.
55. Punishment to person who registers Guthi land as Raikar:
If any person willfully registers a Guthi land as Raikar land after the commencement of this Act or does not register Guthi land pursuant to Section 50, such a person shall be liable to a fine equal to the value of
the land which was registered as Raikar, at the currently prevailing rate. The land which has been so registered as Raikar shall again be registered as Guthi, and the land rent shall be imposed if any house or
shop has already been constructed in such a land.
56. Punishment to person who misappropriates ornaments etc.:
If any person misappropriates any ornaments and other properties offered to the God, Goddess of Rajguthis, the amount in question shall be recovered form such a person, and such a person shall also be
liable to a fine that is equal to the amount in question.
57. Punishment to person who derelicts religious duty:
If any person does not perform the function which he or she is required to perform according to the deed of gift or endowment, stone inscription (sheelapatra) etc. of the Guthi and is thus guilty of dereliction of
religious duty (dharmalop), such a person shall be liable to a fine not exceeding Five Hundred Rupees, and such a person may be compelled to perform the functions according to the deed of gift or
endowment, stone inscription etc. of the Guthi. The Mahants, priests, trustees and other functionaries who are guilty of such dereliction may be dismissed and other persons may be appointed to replace
them.
58. Other punishments:
In cases where any person contravenes any provision of this Act other than those contained in Sections 54, 55, 56 and 57, such person shall be liable to a fine not exceeding One Thousand Rupees.
59. Authority to impose punishment:
(1) The Administrator58 shall have the power to impose punishment under Sections 54, 55, 56, 57
and 58.
(2) An appeal may be made to the Government of Nepal against the order of punishment made by the Administrator59 under Sub-section (1).
60. Having the same powers as court has:
While taking action pursuant to Sections 54, 55, 56, 57 and 58, the Administrator60 shall have the same powers as a court of law has in relation to recording statements, examining witnesses and evidence and procuring documents.
61. Action may be taken according to other Nepal law:
Nothing contained in this Act shall preclude the institution of proceedings according to the prevailing law relating to prevention of corruption against any person who misappropriates the idols and ornaments of God, Goddess and other properties belonging to the Corporation.
62. …………….
61
62A. …………….
62
63. Special exemption:
(1) Notwithstanding anything contained in the prevailing Nepal law, no court fees shall be charged in cases where the Corporation is a plaintiff nor shall an attorney of the Corporation be kept on recognizance date (taarikha) unless the concerned office or court issues an order to that effect in cases where the Corporation is the plaintiff or defendant and circumstances necessitate the presence of its attorney.
63 (2) No limitation shall be applicable to the Corporation in respect of any action to be taken by it to enforce its title to its assets, recover its investments, have its employees, Mahants, priests, functionaries (Rakamis), trustees, contractors etc. deposit commodities and cash due from them, and collect any rents, contract revenue, land revenue and land rent as well.
63A.64 Delegation of authority:
The Corporation may, as required, delegate its powers to the Chairperson, a sub-committee of members,
the Administrator or any employee of the Corporation.
63B.65 Supervision of Guthis and shrines by District Administration Office:
Each District Administration Office shall supervise and inspect the affairs of Guthis located in the District and look after ancient idols, ornaments and other properties of shrines.
61 Repealed by the Second Amendment.
62 Repealed by the Second Amendment.
63 Amended by the First Amendment.
64 Inserted by the First Amendment.
65 Inserted by the First Amendment.
63C.66District Guthi Operation Assistance Committee:
(1) The Government of Nepal may, as required, form a District Guthi Operation Assistance Committee for the well management of the Guthi lands.
(2) The formation, functions, duties and powers and other procedures of the committee as referred to in Sub-section (1) shall be as prescribed.
64. Dissolution and consequences thereof:
(1) If the Government of Nepal thinks that the Corporation has to be dissolved for any reason, it may dissolve the Corporation.
(2) In the event of dissolution of the Corporation under Subsection (1), all rights and liabilities of the Corporation shall be deemed to have devolved on the Government of Nepal.
65. Power to frame Bye-laws:
The Corporation may, with the approval of the Government of Nepal, frame Bye-laws in order to implement the objectives of this Act.
66. Repeal and saving:
(1) The Guthi Corporation Act, 2029 (1972) is hereby repealed.
(2) Any action taken and act done under the Guthi Corporation Act, 2029 (1972) shall be deemed to have been taken and done under this Act.
Chapter 9 Provision relating to Fund and Audit of the University
29. Fund of the University:
(1) There shall be a separate fund of the University and the fund shall consist of the following amounts:
(a) Grants or donation received from Government of Nepal,
(b) The amount given by any person or organization as donation, charity and financial assistance,
(c) The amount received as assistance or loan from foreign government, international organizations,
associations, financial institutions or persons,
(d) The amount received from fees of the students,
(e) The amount received from affiliation fees,
(f) Fees or the amount to be received from any other source.
(2) While receiving any amount pursuant to Clause (c) of Subsection (1), the University shall have to obtain prior approval of Government of Nepal.
(3) The amount of the fund of the University shall be deposited in an account opened with the bank as decided by the Executive Council.
(4) All expenditure of the University shall be borne by the fund pursuant to Sub-section (1).
(5) The operation of fund and account of the University shall be as prescribed.
30. Accounts and Auditing:
(1) The accounts of incomes and expenditures of the University shall be kept in accordance with
prevailing law of Nepal.
(2) The internal audit of the University shall be carried out by the auditor as appointed by the Senate.
(3) The final audit of the University shall be carried out by the Auditor General.
Chapter 10 Miscellaneous
31. Conferring the Degree and Certificate and Fixation of
Equivalency and Standards:
(1) The University may confer certificate as may be prescribed to the students, trainees or researchers having
obtained higher education and may confer honorary degrees to the persons carrying out research oriented activities and appreciable work in the educational and academic field.
(2) The University may recognize the educational degrees of any native or foreign University or of educational institution, and may fix the equivalency and standard of various degrees of the University with those degrees.
32. Qualification Required for Admission to the University: The qualification required for admission in the University shall be as prescribed.
33. Reservation provision may be introduced for the admission of the Student: In the course of admission of the student in the University, the reservation may be introduced to the student from remote areas and other backward class or women, disable (differently able), Aadibasi/janjati, Madhesi, Dalit as prescribed.
34. To Act in Accordance with National Education Policy: It shall be the duty of the University to act in accordance with the National thereunder, to the any body as per necessity.
(3) Any official of the University may delegate any of the powers conferred on it under this Act or the Rules framed thereunder, to any official under him/her as per necessity.
35. Report shall be submitted:
1) The University shall submit its annual report of main functions and activities carried out by the University in a
year to Government of Nepal.
(2) The amount received and expenditure details shall also be mentioned in the report pursuant to Sub-section (1).
36. Directives may be given: Government of Nepal may give necessary directions to the University and it shall be the duty of the University to comply with such directives.
37. Delegation of Powers:
(1) The Senate may delegate any of the powers conferred on it under this Act or the Rules framed thereunder, to the
Academic Council or Executive Council as per necessity.
(2) The Academic Council or Executive Council may delegate any of the powers conferred on it under this Act or the Rules framed thereunder, to the any body as per necessity.
(3) Any official of the University may delegate any of the powers conferred on it under this Act or the Rules framed thereunder, to any official under him/her as per necessity
38. Liaison with Government of Nepal: Ministry of Education andSports shall liaison the University with the Government of Nepal.
39. Actions not to be invalid: No act or action shall be invalid merely for the reason that an error has been made to appoint or nominate any office bearer or member in any of such vacant posts of the University.
40. Saving for Acts Done in Good faith: No case shall be initiated or no any other actions may be taken against the University or any of its official with regard to any act done or purported to be done in good faith in accordance with Act or Rules framed thereunder.
41. Provisions relating to Dissolution of the University:
(1) In case the University could not be operated by any reason, Government of Nepal may dissolve the University on the recommendation of Senate. (2) A public notice providing Thirty Five days shall be published to submit any claim to the Ministry of Education and Sports if anyone has any claim before the dissolution pursuant to Sub-section (1).
(3) In the event of dissolution of the University pursuant to Subsection (1), Government of Nepal shall have the responsibility to pay the amounts as equal received from the sale of the property of the University.
42. Power to Frame Rules: The University may frame necessary Rules subject to this Act for the implementation of the objectives of this Act.
43. Saving: The function and procedure carried out according to Lumbini Bouddha University Ordinance, 2062 (2005) being effective on Kartik 24 of the Year 2062 (Nov. 10, 2005) shall be considered to have been carried
out under this Act.
Martyr Gangalal National Heart Disease Centre Act, 2057 (2000)
Date of Authentication and Publication
2057.10.4 (17 Jan. 2001)
Amendment:
1. Act Strengthening Republic and Amending Some
Nepal Laws, 2066 (2010)
2066.10.7 (21 Jan. 2010)
Act number 13 of the year 2057(2000)
2……………………
An Act made for the establishment and management of Martyr
Gangalal National Heart Disease Centre
Preamble: Whereas, with a view to eternally commemorating Martyr Gangalal,
it is expedient to establish and operate the Martyr Gangalal National Heart
Disease Centre in order to enable the heart patients to spend humane life by
providing necessary high standard health services in an easily available manner for
the prevention, diagnosis, treatment of heart diseases and rehabilitation of heart
patients and to prepare such human resources, as may be required, for high
standard study and research on heart diseases;
Now, therefore, be it enacted by the Parliament in the Twenty Ninth year of
the reign of His Majesty King Birendra Bir Bikram Shah Dev
1. Short title and commencement:
(1) This Act may be called as the “Martyr Gangalal National Heart Disease Centre Act, 2057(2000)”.
(2) This Act shall come into force immediately
2. Definitions: Unless the subject or the context otherwise requires, in this Act:
(a) “Centre” means the Martyr Gangalal National Heart Disease Centre established under Section 3.
(b) “Board” means the Board of Governors of the Centre formed pursuant to Section 7.
(c) “Chairperson” means the Chairperson of the Board.
(d) “Member” means the member of the Board and includes the chairperson and member secretary of the Board.
(e) “Executive Director” means the Executive Director appointed or designated pursuant to Section 11.
(f) “Prescribed” or “as prescribed” means prescribed or as prescribed in the bye-law framed under this Act
3. Establishment of Centre:
(1) The Martyr Gangalal National Heart Disease Centre is hereby established as a high level centre so as to enable
the heart patients to spend humane life by providing, in an easily available manner, necessary high standard health services for the prevention, diagnosis, treatment of heart diseases and rehabilitation of heart patients
and to prepare such human resources as may be required for high standard study and research works on heart diseases.
(2) The office of the Centre shall be situated in the Kathmandu District, and a branch and unit of the Centre may also be established in another District as per necessity.
4. Centre to be autonomous body:
(1) The Centre shall be an autonomous body corporate, with perpetual succession.
(2) The Centre shall have a separate seal of its own for all of its activities.
(3) The Centre may, like an individual, acquire, use, sell and dispose of, or otherwise deal with, any movable and immovable property.
(4) The Centre may, like an individual, sue and be also sued by its name
5. Objectives of Centre: The objectives of the Centre shall be as follows:
(a) To enable the heart patients to spend humane life by providing, in an easily available manner, necessary high standard health services for the prevention, diagnosis, treatment of heart diseases and rehabilitation of heart patients,
(b) To prepare such human resources as may be required in the field of treatment of heart diseases, and do or cause to be done high standard study and research works on heart diseases,
(c) To launch programmes on the prevention and control of heart diseases,
(d) To formulate policies and programmes on heart diseases in order to bring about improvement in the field of health services in the country and give advice to the Government of Nepal for the implementation thereof.
(e) To perform other creative works on prevention of heart diseases.
6. Functions, duties and powers of Centre:
The functions, duties and powers of the Centre shall be as follows, in addition to the functions, duties
and powers mentioned elsewhere in this Act:
(a) To implement, or cause to be implemented, such policies, plans and programmes as required for the attainment of the objectives of the Centre,
(b) To provide, in an easily available manner, necessary high standard health services for the prevention, diagnosis,
treatment of heart diseases and rehabilitation of heart patients,
(c) To launch national heart disease prevention and control programme for the prevention of heart diseases and
rehabilitation of heart patients,
(d) To prepare human resources required for the prevention, diagnosis, treatment of heart diseases and rehabilitation of heart patients,
(e) For the accomplishment of the objectives of the Centre, to organize and operate high standard study, research, survey, symposium, assembly, seminar etc. programmes on heart diseases and take part in any pertinent national and international assembly, conference, symposium, seminar etc,
(f) So as to enhance the standards of prevention, diagnosis and treatment of heart diseases and rehabilitation of heart patients, to maintain contact and coordination native and foreign, governmental and non-governmental organizations and prepare national policies, plans and programmes thereon and submit the same to the Government of Nepal,
(g) To provide technical assistance to the agencies involved in prevention, diagnosis and treatment of heart diseases and rehabilitation of heart patients,
(h) To provide scholarship, medal and prizes on prevention, diagnosis and treatment of heart diseases and rehabilitation of heart patients,
(i) To prescribe fees for the health service, consultancy service, research service, lab service as well as other various services to be provided by the Centre and collect such fees,
(j) To obtain such goods in-kind, financial, technical and other assistance from the Government of Nepal or foreign
government or national or international organizations, institutions, bodies or person as may be required for the
Centre to operate the Centre, and mobilize the same.
(k) To exchange mutual assistance by establishing, expanding and consolidating relationship with native and foreign,
governmental and non-governmental organizations related with heart diseases,
(l) To exchange expertise on heart diseases at the national and international sectors,
(m) To operate mobile health services on heart diseases as per necessity,
(n) To disseminate information as to the utility and usefulness against heart diseases and as to heart diseases, publish, or cause to be published, various materials as to health services pertaining to heart diseases and raise or cause to be raised public awareness as to heart diseases,
(o) To develop model information and research areas in the prescribed districts for the management of information
dissemination and research works on health services pertaining to heart diseases,
(p) To develop, expand and diversify such scientific equipment, laboratory, library as well as other facilities as may be required for the Centre,
(q) To make periodic review and evaluation of the plans and programmes operated by the Centre,
(r) To give information of the policy decisions made by the Centre and progress achieved in the implementation thereof to the Government of Nepal in a periodic manner,
(s) To submit the annual report of the Centre to the Government of Nepal,
(t) To carry out, or cause to be carried out, such other functions as may be required to the accomplishment of the objectives of the Centre.
7. Governing Board of Centre:
(1) A Governing Board shall be formed as follows for the operation, looking after and management of the Centre by
performing and exercising all powers conferred to the Centre pursuant to this Act and the Rules framed hereunder:
(a) Minister for Health or Minister of State for Health -Chairperson
(b) …….3
(c) Member, National Planning Commission (looking after health -Member sector)
(d) Secretary at the Ministry of Finance or such gazetted first class officer at the Ministry of Finance as
designated by him or her -Member
(e) Secretary at the Ministry of Health or such gazetted first class officer at the Ministry of Health as
designated by him or her -Member
(f) Three persons nominated by the Government of Nepal from amongst the specialist doctors in
the field of heart diseases.
In making nomination pursuant to this Clause, Two persons shall be nominated from amongst the
specialist doctors serving in this Centre -Member
(g) One person from amongst the eminent women social activists -Member
(h) One person nominated by the Government of Nepal from amongst the donors, on recommendation of the Governing Board -Member
(i) One person nominated by the Government of Nepal from amongst the chiefs of various institutes of medical sciences -Member
(j) One person nominated by the Government of Nepal from amongst the chiefs of renowned non-governmental organizations engaged in the field of heart disease prevention at the national level -Member
(k) Executive Director -Member Secretary
(2) The term of office of the members referred to in Clauses (f), (g) (h), (i) and (j) of sub-section (1) of shall be four years, and they may be eligible to be re-nominated or appointed.
(3) The Board may, if it thinks necessary, invite any expert to attend its meeting as an invitee.
(4) Other matters related with the meeting of the Board shall be as determined by the Board itself
8. Cessation of membership:
(1) The nominated members of the Board shall cease to hold their office in any of the following circumstances:
(a) If the tenure expires;
(b) If resignation is tendered to the Government of Nepal;
(c) If the member dies;
(d) If the member, without giving a notice, absents himself/herself from three consecutive meetings of the
Board.
(2) If the post of any member falls vacant pursuant to Sub-section (1), another member shall be nominated as soon as possible for the remainder of term.
9. Act and action not to be invalid: Despite that any act or action has been done or taken following any error in the formation of the Board or vacancy in office of any member, such act or action shall not be invalid solely on
such ground
The H uman B ody O rgan Transpl antation (Regulation and Prohibition) Act, 2055 (1998)
Date of Authentication 2055.10.21 (Fe b. 3, 2002)
Act num be r 20 of the year 2055(1998)
An Ac t made to provi de for the Transpl antation of Human Body O rgan
Pream ble:
Whereas, it is e xpedie nt to make provisions regula ting the activities perta inin g to the extraction of an organ from the huma n body for the purpose of trea ting a disease in a systematic manner in accorda nce w ith the modern me dica l trea tment and extrac tion of an organ from the body of a hum an be ing and tra nsplantation of tha t orga n into the body of another hum an be ing and pre venting activitie s re lating to the purchase and sa le of hum an body organ and use of the same in other purposes; Be it enacte d by Parliament in the twenty se venth re ign of H is Ma jesty K ing Bire ndra Bir Bikram Shah De v.
10. Functions, duties and powers of chairperson: The functions, duties and powers of the chairperson shall be as prescribed
11. Executive Director, adviser and other employee:
(1) The Government of Nepal shall appoint one Executive Director from amongst the heart disease specialists for the operation of the day-to-day administration as the administrative chief of the Centre.
(2) The term of the Executive Director appointed pursuant to subsection (1) shall be Four years and he/she may be re-appointed.
(3) The functions, duties and powers of the Executive Director shall be as prescribed.
(4) The Centre may, as per necessity, appoint technical and administrative advisers and employees.
12. Remuneration, terms and conditions of service and facilities:
(1) The remuneration, terms and conditions of service and facilities of the Executive Director and advisers and employees of the Centre shall be as prescribed.
(2) The members shall get meeting allowance as prescribed for attending the meeting of the Board.
Chapter-1
Sh ort title an d c ommencement
1. Short title and c ommencement:
(1) This Act m ay be ca lle d a s the “Human Body Organ Tra nsplanta tion (Re gula tion and Prohibition)
Act, 2055 (1998).”
(2) This Act sha ll c ome into force on such da te a s the Governme nt of Nepa l may appoint, by a notification in the Nepal Gazette.
2. Definitions:
Unle ss the subject or the context otherwise require s, in this Ac t:
(a) “human body” mea ns the body of alive or dead human be ing.
(b) “organ” means any orga n of the huma n body and this term a lso inc lude s a tissue of the human body.
(c) “organ transplanta tion” means the tra nsplanta tion of a n organ of one huma n body into another human body for the purpose of trea ting a disea se in a ma naged ma nner in accordance with the
modern medica l system.
(d) “activity rela ting to organ transpla ntation” mea ns an activity to extract a n organ from the huma n body for the purpose of trea ting a disea se in a ma naged ma nner in accordance with the modern medica l system, to sa fe ly store the organ so e xtrac ted or tra nsplant it into a nother human body by follow ing the scie ntific technology and me thod.
(e) “hea lth institution” mea ns a hea lth institution ha ving obtained the permit to operate the ac tivity relating to organ transplantation pursuant to this Act.
(f) “permit” means the permit to be issued pursua nt to Section 5 to operate the activity re la ting to orga n transpla ntation.
(g) “priva te lice nse” means the lic ense to be issue d pursua nt to Sub-section (1) of Section 8 to operate the ac tivity re lating to orga n transplantation.
(h) “doc tor” means a doctor in posse ssion of the qualific ation as refe rred to in Sub-section (2) of Section 8.
(i) “comm ittee” means a n organ transplantation c oordination committee c onstitute d pursua nt to Sec tion 12.
(j) “donor” means a person who gives conse nt in writing to dona te an orga n pursua nt to Section 15 for purpose s of Section 14.
(k) “organ rece iving person” means a person who rece ive s the orga n donated by a donor pursua nt to this Act.
(l) “close re lative”, in respec t of a ny pe rson, means that person’s son, daughter, mother, father, brothe r, sister, unc le, ne phew, niec e, gra nd-father, grand-mother from the father’s side, gra nd- 3 son, gra nd-daughter from the son’s side, grand-son, gra ddaughter from the daughter’s side, and include s husba nd, wife, adopted son, a dopted da ughter, ste p mother, ste p father, fa therin-law, m other-in-law, which whom re lationship has constantly existed since two years a go.
(m) “ As prescribed” mea ns prescribed in the Rules fra med under this Ac t.
13. Fund of Centre:
(1) The Centre shall have a fund of its own; and the fund shall consist of the following amounts:
(a) Grants received from the Government of Nepal,
(b) Grants received from any foreign organizations, governments or international organizations,
(c) Amounts received from various services rendered by the Centre,
(d) Amounts received from various persons,
(e) Amounts received from other sources.
(2) All the expenditures of the Centre shall be chargeable on the fund as referred to in Sub-section (1).
(3) The amounts received from the Government of Nepal, foreign governments or international organizations shall be spent on that programme or act for which such amounts have been received by the Centre.
(4) The fund of the Centre shall be operated as prescribed.
14. Accounts and audit:
(1) The accounts of the incomes and expenditures of the Centre shall be maintained as prescribed.
(2) The incomes and expenses of the Centre shall be audited by the Office of the Auditor General or by an auditor designated by that Office.
Chapter-2
Pe rmit rel ating to organ transplantati on and private license
3. Prohibition on ope ration of activity relating to organ tran splantation without obtaining pe rmit:
No person shall opera te or cause to be opera ted the activity re lating to orga n transplantation
without obta ining the perm it pursua nt to this Ac t.
4. Application for pe rmit:
Any person, other than a go vernmental hospita l pre scribe d by the Go vernme nt of Nepal upon a notification published in the Nepal Gazette, has to make an applic ation, accompanie d by the fe es as prescribed, to the c ommittee, in the forma t as pre scribe d, to operate the activity re la ting to organ
transplantation.
5. Issu ance of pe rmit:
(1) Where a n a pplica tion is made pursua nt to Sec tion 4, the comm ittee sha ll complete the pre scribe d procedures and issue the perm it to the applicant in the pre scribed format.
(2) Such physical means, huma n re sourc e a nd othe r necessary service s as required to be arra nged by the c oncerned a pplicant in orde r to obtain the permit pursua nt to Sub-section (1) sha ll be as prescribe d.
6. Prohibition on ope ration of activity relating to organ tran splantation with out obtaining private license:
No person shall operate the activity relating to orga n transpla nta tion without obta ining the priva te license pursua nt to this Ac t.
7. Application for private license:
A doctor who intends to opera te the activity re la ting to organ transplantation ha s to make an applic ation, accompanie d by the fe es as prescribed, to the c ommittee, in the forma t as pre scribe d, for the private lic ense.
8. Issu ance of private license:
(1) Where an applica tion is ma de pursuant to Section 7, the c ommittee shall c omple te the prescribed
proc edure s and issue the priva te license to the applicant in the prescribe d format.
(2) Such qua lification a s re quire d to be possessed by the doc tor in order to obta in the priva te lic ense pursua nt to Sub-section (1) shall be as pre scribe d.
9. Period and rene wal of pe rmit:
(1) Except w here the perm it is revoke d earlier pursuant to Section 10, the period of the permit shall
remain va lid for a pe riod of tw o yea rs.
(2) Prior to the expiration of the period of permit, an application, ac com pa nie d by the fee s as prescribed, has to be made by the concerne d hea lth institution to the c ommittee, in the prescribed
forma t, for the renewal of the permit.
(3) Where a n applica tion is made pursuant to Sub-sec tion (2), the comm ittee sha ll c om ple te the prescribed proce dures and re new the period of permit for up to two years each time.
(4) The perm it which is not renewe d pursuant to Sub-sec tion (3) sha ll i pso facto be re voked.
10. Revoc ation an d suspension of pe rmit and private license:
(1) If a hea lth institution a nd private license holder doctor acts in contra vention of this Ac t or the rules frame d under this Ac t or fail to carry out the order a nd direc tive issue d by the comm ittee pursua nt to Sec tion 29, the comm ittee may revoke or suspe nd the permit of such hea lth institution and the private lice nse of such doctor for a period not exceeding six months.
(2) Prior to the re vocation or suspension of the perm it or private license pursua nt to Sub-sec tion (1), the comm ittee sha ll give a reasona ble opportunity to the concerned health institution or doctor
to furnish expla na tion.
11. Appeal:
(1) The hea lth institution or doctor who is not sa tisfied w ith the order issue d by the com mitte e pursuant to Sub-sec tion (1) of Sec tion 10 may ma ke an appea l to the M inistry of Hea lth of the
Governme nt of Nepa l w ithin thirty five days a fter the issue of such orde r.
(2) A dec ision ma de by the Ministry of Hea lth of the Governme nt of Ne pa l on the appea l made pursuant to Sub-sec tion (1) sha ll be fina l.
15. Powers to form technical committee:
(1) The Board may form a technical committee, as required, for the provision of such technical service
and assistance as may be required for the Centre.
(2) The functions, duties, powers and procedures of the technical committee formed pursuant to Sub-section (1) shall be as prescribed.
16. Powers to form sub-committee or task force:
(1) The Board may form a sub-committee or task force, as required, for the operation of its programmes.
(2) The functions, duties, powers and procedures of the subcommittee or task force formed pursuant to Sub-section (1) shall be as prescribed.
17. Delegation of powers: The Board may, as required, delegate any of the powers conferred to it under this Act or the Rules framed under this Act to any member or officer employee of the Board.
Chapter-3
Organ transplantation c oordination c ommittee
12. Organ transpl antation coordin ation committee:
(1) There sha ll be forme d an orga n transplantation coordination c ommittee c onsisting of the cha irperson and member as follows in order to form ulate policie s, pla ns and programs on organ transpla ntation a nd subm it the same to the Go ve rnment of Nepa l, in a ddition to the pe rformanc e a nd exerc ise of the other functions, duties a nd powers conta ine d in this Ac t:
(a) Se nior doctor nom ina te d by the Governme nt of Nepal Cha irperson
(b) Thre e doc tors nom ina te d by the Governme nt of Nepal Member
(c) Re pre senta tive ( Gazette d First Class), Ministry of Health Member
(d) Re pre senta tive, Ministry of Law and Justice Member
(e) Re pre senta tive, Nepal Medica l Council Member
(f) Re pre senta tive, Nepal Medica l Association Member
(g) Dire ctor Genera l, Departme nt of Health Service s Member secre tary
(2) The term of office of the c hairperson and members nom inate d pursua nt to Clause s (a) a nd (b) of Sub-section (1) sha ll be two years; and, after expira tion of their term, the y may be renom inate d.
(3) The Go vernme nt of Nepa l may, if it considers nece ssary, make necessary a ltera tion or change in respect of the mem bers of the committee a s re ferre d to in Sub-sec tion (1).
(4) The c ommittee may, if it c onsiders nece ssary, in vite any expe rt or ad visor to a tte nd its me eting, as an obser ver.
(5) The proc edure s on the meeting of the committee sha ll be as dete rm ine d by the comm ittee on its ow n.
(6) The Government of Ne pa l shall provide such budge t a s may be require d for the c ommittee.
(7) The mee ting allowa nce and other fa cilit ies of the cha irperson a nd members of the c ommittee sha ll be a s prescribed.
(8) The secretaria t of the c ommittee shall be located at the Departme nt of Hea lth Services, the Go vernment of Nepa l.