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Schedule-2A.20

Schedule-2A.20

(Relating to Section 21)

Oath
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 of duties and responsibilities of the ……………….(office), 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:

Remuneration, Facilities and Conditions of Service of Judges of Court of Appeal and District Court Act, 2048 (1992)

Remuneration, Facilities and Conditions of Service of Judges of Court of Appeal and District Court Act, 2048 (1992)

Date of Authentication and Publiction

2049.1.8 (20 April 1992)

 

Amendments:
1. Some Nepal Acts (Amendment) Act, 2049 (1992)2049.5.11 (27 Aug. 1992)
2. Remuneration, Facilities and Conditions of Service of  Judges of Court of Appeal and District Court (First Amendment) Act, 2049 (1992)2049.6.28 (14 Oct. 1992)
3. Remuneration, Facilities and Conditions of Service of Judges of Court of Appeal and District Court (Second Amendment) Act, 2051 (1995)2051.11.29 (13 March 1995)
4. Amending Some Nepal Acts to Maintain Gender Equality Act, 2063 (2006)2063.7.17 (2 Nov. 2006)
5. Some Nepal Acts Relating to the Remuneration, Terms of Service and Facilities of the Judges (Amendment) Act, 2064 (2008)2064.10.10 (24 Jan. 2008)
6. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010)2066.10.7 (21 Jan. 2010)

Act Number 3 of the Year 2049 (1992)

 An Act made to arrange Remuneration, Facilities and Conditions of Service of Judges of Court of Appeal and District Court

Preamble: Whereas, it is expedient to make legal provisions on the remuneration, facilities and other terms of service of Judges of the Appellate and District Courts;
Now, therefore, be it enacted by the Parliament in the Twenty-first year of the reign of His Majesty King Birendra Bir Bikram Shah Dev.

2. Definitions

2. Definitions:

Unless the subject or the context otherwise requires, in this Act :
(a) “Judge of Court of Appeal” means the Chief Judge and a Judge of a Court of Appeal appointed pursuant to Article 109 of the Interim Constitution of Nepal, 2063 (2007), and this term also includes the Additional Judge of the Court of Appeal.

(b) “Judge of District Court” means the Judge of a District Court appointed pursuant to Article 109 of the Interim Constitution of Nepal, 2063(2007), and this term also includes the Additional Judge of the Court of Appeal.

(c) “Judge” means a Judge of a Court of Appeal and a District Court.

2A. Computation of age

2A. Computation of age:

In computing the age of a Judge on the following ground for the purposes of Sub-clause (b) of Clause (10) of Article 109 of the Constitution, 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,
(c) The age to be set on the basis of the day or year of birth mentioned in his or her sheet roll.

3. Remuneration of Judges

3. Remuneration of Judges:

The Chief Judge of a Court of Appeal shall be entitled to a monthly remuneration of Twenty Four Thousand Three Hundred Rupees, and the Judge of a Court of Appeal shall be entitled to a monthly remuneration of Twenty Two Thousand Eight Hundred Rupees, and the Judge of a District Court shall be entitled to a monthly remuneration of Eighteen Thousand Eight Hundred Rupees.

6. Accommodation

6. Accommodation:

(1) Government of Nepal shall make arrangement for a governmental building for the housing of a Judge who does not have an appropriate building of his or her own in the place where the Court of Appeal or the District Court is situated.

(2) Where a governmental building is not arranged pursuant to Subsection (1), the Judge who resides in a rented house shall be entitled to the following amount for house rent per month:                                                                                                                                                                                                                                                                (a) Twelve Thousand One Hundred Fifty Rupees for the Chief Judge of the Court of Appeal,
(b) Eleven Thousand Four Hundred Rupees for the other Judge of the Court of Appeal,
(c) Nine Thousand Four Hundred Fifty Rupees for the Judge of the District Court,

(2a)The Chief Judge and other Judge of the Court of Appeal and the District Judge who resides in his or her own house shall be provided with One Thousand Five Hundred Rupees, One Thousand Two Hundred Rupees and One Thousand Rupees, respectively, per month for sanitation and maintenance of the house.

(3) The Judge who shall be entitled to enjoy the facility provided pursuant to Sub-section (1) or (2) until Seven days after the date of completion of his or her term of office.

7. Electricity, water and telephone facilities

7. Electricity, water and telephone facilities:

(1) Government of Nepal shall bear the expenses incurred in installing one line telephone to the residence of the Judge and such deposit as incurred for such installation. The line so installed shall be under ownership of the Government of Nepal.

(2) A lump sum of monthly One Thousand Five Hundred Rupees and One Thousand Two Hundred Rupees shall be provided to the Judge of Court of Appeal and the Judge of District Court, respectively, for the electricity, water supply and telephone facility installed to the residence of Judge.

8. Transport and fuel facility

8. Transport and fuel facility:

(1) If there is motor vehicle transportation facility is available at the place where the Court of Appeal is situated, 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 Chief Judge of Court of Appeal, and Eighty liter petrol per month and Five liter mobile in every three months to other Judge of Court of Appeal.

(2) If there is motor vehicle transportation facility is available at the place where the District Court is situated, Government of Nepal shall, for transportation, provide One motor vehicle with a driver, Seventy Two liter petrol per month and Five liter mobile in every Three months to the Judge of District Court, to the extent of availability.

10. Daily allowance and travelling allowance

10. Daily allowance and travelling allowance:

(1) The Judge shall be entitled to the following daily allowance while going to the place where he or she is appointed or transferred or deputed to or going on tour within Nepal in the course of business of his or her office:

(a) Five Hundred Rupees for the Chief Judge of Court of Appeal,                                                                                                                                                                                      (b) Five Hundred Rupees and Four Hundred Rupees for other Judge of Court of Appeal, and the Jude of District Court, respectively.
(c) If a Judge is entitled to additional travelling allowance for having visited any district of a remote area pursuant to the laws in force, he or she shall be entitled to that allowance also.

(2) The Judge shall be entitled to the following travelling allowance while making travelling pursuant to Sub-section (1):
(a) …………………
(b) …………………
(b1) …………………

(c) Ticket expenses chargeable for one person while travelling by air, rail, bus or other motor vehicle.

(2a) Where it is required to make a night halt in the course of travelling pursuant to Sub-section (1), the Judge of Court of Appeal and the Judge of District Courts hall be entitled to hotel expenses as per the bill for each night, but not in excess of One Thousand Two Hundred Rupees and Eight Hundred Rupees, respectively, for a maximum of Seven days at a time.

(3) A Judge shall be entitled to the daily allowance at the rate referred to in Sub-section (1) only for the first Ninety days deputed from the Court of his or her posting to another Court on deputation.

11. Daily and travelling allowance while travelling abroad

11. Daily and travelling allowance while travelling abroad:

(1) In travelling outside Nepal in order to participate in a ceremony, event, conference etc., the Judge shall be entitled to the following daily allowance:
(a)16 Daily allowance: The Judge of Court of Appeal and Judge of District Court shall be entitled to a daily and travelling allowance of 175 and 150 US Dollars,
respectively.

Provided that, in making a night haltage in any place other than Chennai, Haidarabad, Bangalore, Mumbai, Delhi and Kolkata of India and Dhaka and
Chitgown of Bangladesh, they shall be entitled to only Fifty percent of that rate.

(b) Travelling allowance: In making travel by rail, bus or other motor vehicle, the ticket expenses chargeable for one person, and in making travel by air, ticket
expenses of economic class chargeable for one person shall be provided..
(2) If any foreign government or organization bears all expenses of a Judge who participates in any ceremony, event or conference, the Judge shall be entitled of pocket expenses of only One Fourth of the daily  allowance as referred to in Sub-section (1).

(3) The Judge of Court of Appeal and Judge of District Court shall in the course of making travel outside Nepal to take part in ay ceremony, event or conference pursuant to Sub-section (1), be entitled to a cloth allowance of Ten Thousand Rupees and Eight Thousand Rupees, respectively, once in Two years.

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.

14. Festival expenses

14. Festival expenses:

(1) A Judge shall be entitled to the yearly festival expenses equivalent to One month’s remuneration being drawn by him or her for the festival observed by him or her as per his or her religion, culture and tradition.

(2) The Judge may take payment of the amount as referred to in Subsection (1) on the occasion of a main festival to be observed as per their religion, culture and tradition, once in one financial year.

17. Home leave

17. Home leave:

(1) A Judge may be entitled to a home leave with remuneration not exceeding Thirty days every year. The home leave can be accumulated for a maximum of One Hundred Fifty days.

(2) If a Judge is detached from service for any reason, the Judge shall be entitled to receive payment of such amount in lump sum as may be set at the rate of remuneration being drawn by him or her in lieu of the home leave for a maximum period of One Hundred Twenty days out of his or her home leave accumulated.
Provided that, this Sub-section shall not be deemed to prevent a Judge whose home leave is accumulated for more than One Hundred Twenty days from receiving payment of such amount in lump sum by the end of every financial year as may be set at the rate of 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.

(3) If a Judge dies prior to using or receiving the accumulated home leave or amount in lieu thereof, the person as referred to in Sub-section (1) of Section 29 shall be entitled to obtain such amount.

(4) A Judge shall, while going to and coming back from his or her home on home leave 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 required for journey by motor vehicle, rail and air for one time a year.

18. Sick leave

18. Sick leave:

(1) A Judge shall be entitled to a sick leave with remuneration at the rate of Twelve days each year. A maximum of Twelve days of home leave may be enjoyed even prior to expiration of the year.

(2) If a certificate is submitted that ………. a Judge has suffered from any severe and serious disease, he or she may be entitled to an additional sick leave with remuneration for up to Two months if his or her sick leave or home leave is not remaining, and additional sick leave without remuneration for a period not exceeding Four months.
Provided that,

(1) Where the additional sick leave with remuneration has,been taken, such additional sick leave shall be deducted from his or her home leave and sick leave to
be accumulated subsequently.
(2) The Judge shall not be entitled to the additional sick leave without remuneration for a period exceeding a total of Twelve months during the period of service.

(3) The sick leave to which a Judge is entitled may be accumulated, and if the Judge is detached from service for any reason whatsoever, he or she shall be entitled to such lump sum amount to be set at the rate of remuneration being drawn by him or her in lieu of his or her accumulated sick leave.

(4) A Judge who requests for the sick leave of more than Seven days ……………… has to submit a certificate issued by a recognized doctor.
Provided that, in cases where the Chief Justice, in the case of the Chief Judge of an Court of Appeal, or the Chief Judge of an Court of Appeal, in the case of other Judges, 24 believes that submission of such a  certificate was not generally possible, he or she may sanction that leave even without certificate, by having recorded the matter accordingly.

(5) In cases where a Judge taking the sick leave pursuant to Subsection (2) dies, the leave taken in advance shall ipso facto be remitted.

(6) ………………….

(7) If a Judge dies prior to taking his or her accumulated sick leave or receiving the amount payable in lieu of the accumulated sick leave, the person as referred to in Sub-section (5) of Section 29 of the Act shall be entitled to receive a lump sum of that amount.

20. Extraordinary leave

20. Extraordinary leave:

(1) If a Judge shows a special reason, the Judge may be entitled to an extra-ordinary leave for a period not exceeding One month each year.

(2) An extra-ordinary leave of One year cannot be accumulated in another year and be taken in that other year.

(3) A Judge who is on the extra-ordinary leave shall not be entitled to remuneration for that period.

21. Maternity leave:

21. Maternity leave:

(1) A female Judge shall be entitled to a maternity leave of a maximum of Ninety Eight days, with remuneration, before and/or after delivery.

(2) The maternity leave may be taken only for Two times during the entire service period.

(3) The Court approving the leave of Judge shall have to maintain updated records of the maternity leave taken pursuant to Sub-section (2).

22. Study leave

22. Study leave:

A Judge of District Court shall be entitled to a study leave with remuneration to study a subject that is useful and necessary for the dispensation of justice, upon being selected in a scholarship of the Government of Nepal or a scholarship provided to the Government of Nepal.
Provided that, such a leave shall not exceed for a period more than Three years.

23. Leave sanction authority

23. Leave sanction authority:

(1) The Chief Judge of Court of Appeal shall have to obtain approval of any leave other than the casual leave and the festival leave from the Chief Justice.

(2) The other Judges of Court of Appeal shall have to obtain approval of any leave other than the casual leave and the festival leave from the Chief Judge of Court of Appeal.

(3) The Judge of District Court shall have to obtain approval of any leave other than the casual leave and the festival leave from the Chief Judge of the concerned Court of Appeal hearing appeal.

(4) A Judge himself or herself may take the casual leave and the festival leave.
Provided that, prior to so taking leave, a Judge of Court of Appeal shall, to the extent possible, give verbal information thereof to the Chief Judge and an Additional Judge of District Court shall give such information to the District Judge.

(5) In approving the leave of more than One month to any Judge pursuant to this Section, the Chief Judge of Court of Appeal shall consult the Chief Justice.

24. Accumulated leave while in other service

24. Accumulated leave while in other service:

If a person who is holding a constitutional position or office in the service of the Government of Nepal is appointed to the office of Judge, the accumulated home leave or sick leave while he or she was in that position or office shall be deemed to have been earned and accumulated pursuant to this Act.

25. Time for assumption of office

25. Time for assumption of office:

(1) A person who is appointed to the office of Judge has to assume the duties of his or her office within One month after his or her appointment. He or she shall be entitled to remuneration only after the date of his or her assumption of office.

(2) If a Judge does not assume the duties of his or her office without any reasonable reason within the time limit as referred to in Sub-section (1), his or her office shall be deemed to be vacant.

(3) A Judge who is transferred from one Court to another Court shall
have a time limit of a maximum of Seven days preparation.

26. Provision of acting and deputation

26. Provision of acting and deputation:

(1) If the office of the Chief Judge of Court of Appeal falls vacant or the Chief Judge is not competent to perform the duties of his or her office because of health or for any other reason or if  the Chief Judge remains absent from the Court because he or she is on leave or has gone outside Nepal, the Chief Justice may appoint the senior most Judge of the same Court of Appeal to act as the Acting Chief Judge.

(2) A Judge of Court of Appeal who acts as the Acting Chief Judge pursuant to Sub-section (1) shall receive such remuneration as receivable by the Chief Judge during the period of such acting arrangement.

(3) The senior-most Judge of the same Court shall act as the officiating Chief Judge until acting arrangement is made pursuant to Subsection (1).

(4) If the office of Judge of any District Court falls vacant for any reason or if the Judge of any District Court is not able to attend the Court, the Chief Justice may designate the senior-most Judge of such District Court to act as the Judge of that District Court. If there is not Additional Judge in such District Court, the Chief Justice may designate an Additional Judge of another District Court to act as the Judge of that District Court for a certain period, and in so making designation, information thereof has to be given to the Judicial Council.

(5) A Judge who acts as the Judge of District Court pursuant to Subsection (4) shall receive administrative allowance during the period while he or she so acts.

(6) The Chief Justice may, in view of the work load in a District Court, depute any Judge of a District Court to another District Court, and in so making deputation, information thereof has to be given to the Judicial Council.

27. Treatment expenses

27. Treatment expenses:

(1) A Judge 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) Fees charged by and expenses of medicines purchased as per the prescription issued upon examination by any registered or recognized doctor, Kaviraj, Vaidhya, or health assistant for the treatment of disease where there is no hospital or where it is not necessary to be admitted to a hospital despite the existence of a hospital or where he or she could not admit into the hospital or after discharge from the hospital. Provided that, the prescription of doctor has to set down the diagnosis of disease.

(c) Expenses as per the bill of expenses incurred in doing surgical operations.

(d) Expenses as per the bill of expenses in an amount not exceeding Seven Hundred Rupees at a time not exceeding Two Thousand Three Hundred Rupees during the whole period of service for the equipment including spectacles, teeth, earphone etc.

(e) Where it is required to leave his or her house or rented house and undergo treatment in another district or a foreign country, the whole amount incurred in the
transportation of the patient to and from such a place and the whole amount incurred in the transportation of one attendant is such attendant is required, and
Seventy Five percent of the daily allowance to which he or she is entitled for the food expenses.

(2) Notwithstanding anything contained in Sub-section (1), no treatment expenses shall be provided for the expenses of less than Two Hundred Rupees at a time, and no treatment expenses of more than Twelve months’ remuneration receivable by the Judge throughout the whole period of service shall be provided. Provided that, Government of Nepal may provide additional financial assistance in such a sum as it considers appropriate for the treatment of a Judge 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).

(3) If a Judge wishes to obtain the treatment expenses receivable pursuant to this Section as an advance, such advance may be provided on the condition of adjustment of amount subsequently, subject to Sub-section (2), and if, upon such subsequent adjustment, the amount to received as an advance exceeds the amount to which he or she is entitled, such excess amount shall be deducted by installments from his or her remuneration. Provided that, if the Judge dies prior to payment of the amount to be so deducted, the remaining amount to be deducted shall be remitted.

(4) If any of his or her family members falls ill, a Judge 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 Subsection (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 Judge.

(5) If any of his or her family members 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, a Judge 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 Judge pursuant to Sub-section (2).

(6) Notwithstanding anything contained in Sub-sections (4) and (5), if the husband or wife, mother or father of a Judge, 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.

(7) If, at the time of retirement of a Judge, 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 Judge shall be entitled to33 a lump sum amount to be set by Two-Thirds of that remaining amount of treatment expenses after his or her retirement.
Provided that, a Judge 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, and to a lump sum amount of additional Ten percent amount, in addition to such remaining  amount, if a Judge of Court of Appeal has served for Fifteen years and a
Judge of District Court has served for Twenty Five years.

(8) Notwithstanding anything contained in Sub-section (7), a Judge who has already taken treatment expenses for having served in the government service shall be entitled to only the amount that remains after deducting the treatment expenses so taken previously.

(9) Except in the following circumstances, no treatment expenses, in relation to himself or herself and his or her family as well, shall be provided to a Judge in a sum exceeding One and half month’s remuneration being earned by him or her, in one year:

(a) If it is necessary to undergo treatment in a foreign country or to undergo treatment upon being admitted to a hospital in Nepal pursuant to this Section.
(b) In having treatment of family pursuant to Sub-section (5).

(10) If a Judge dies prior to receiving the treatment expenses receivable pursuant to this Section, the person as specified in Sub-section (1) of Section 29 shall be entitled to such treatment expenses.

(11) The details of the treatment expenses received by a Judge pursuant to this Section shall be maintained in the records of leave and personal records of the Judge.

Protection and Welfare of the Disabled Persons Act, 2039 (1982)

Protection and Welfare of the Disabled Persons Act, 2039 (1982)
Date of Royal Seal and Publication
2039/8/6 (Nov. 21, 1982)
Act No. 13 of the Year 2039 (1982)
Act Enacted to Make Arrangement of Protection and Welfare of the
Disabled Persons
Preamble: Whereas it is expedient to protect and promote the welfare of the
disabled persons, to remove the situation occurring disability by preventing the
same and to make the disabled persons as capable member and actively
productive citizens of the society by making necessary welfare arrangement of
health, education, rearing, training of the disabled persons and their right to
equality and employment also;
Now, therefore, His Majesty King Birendra Bir Bikram Shahdev has enacted
this Act in consultation and consent of the National Panchayat.

2. Definition

2. Definition: Unless the subject or context means otherwise in this Act,-
(a) “Disabled Person” means a Nepali citizen who is physically or
mentally handicapped or incapable to maintain normal daily life.
The term also denotes one eyed, blind, deaf, dumb, half-dumb,
feeble, crippled, lame, limping, handless or mentally handicapped
person also.
(b) “Helpless Disabled Person” means the disabled person who has
not any property or nobody to rear and care and unable to
maintain livelihood by his own employment.
(c) “Disabled Persons Home” means the shelter where the
arrangement of rearing and caring of the helpless disabled
persons has been made.
(d) “Social Welfare Officer” means the officer appointed or specified
by the Government of Nepal under Section 18.
(e) “Prescribed” or “As Prescribed” means prescribed or as
prescribed in the Rules enacted under this Act

3. Determination of Disability

3. Determination of Disability:

(1) Definition of disabled person mentioned in clause (a) of Section 2 and determination of disability shall
be made on the basis of the all-approved principles of medical science
and the standard fixed in context of Nepal.
(2) In regard to the issue whether a person is disabled or not in
accordance with subsection (1), the decision made by the doctor or
committee prescribed or constituted for this purpose by the Government
of Nepal shall be authentic.
Provided that, this Section shall not be deemed as obstructive to
amend the matter through a notice published in the Nepal Gazette by the
Government of Nepal as per the decision made by such prescribed
doctor or constituted committee by giving due consideration to the
international practice and the context of Nepal.

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

5. Right to Equality

5. Right to Equality: (1) Any disabled person cannot be prohibited to
enter any organization or club or community or function imparting
education and training or organizing social or cultural program within
Nepal merely on the ground of his disabled condition.
(2) No one can deprive of the political right and the right to
economic and social security, prestigious livelihood, employment,
involvement in a useful, productive and meaningful profession and
human-suited prestige as enjoyed by the other persons.
(3) No one can discriminate a disabled person merely on the
ground of his disable situation in appointing him to the government
service or any other public service or deprive of appointment to a
particular post or promotion or improvement or equal treatment.
Provided that this Section shall not be deemed as obstructive in
the situation of being the act the appointment, promotion, improvement
of a particular type of disabled, equal treatment inappropriate on the
ground of nature of service or function for a particular type of service

6. Arrangement of Education and Training

6. Arrangement of Education and Training:

(1) If a disabled person  has to be enrolled in an educational organization to obtain education, he
shall not be levied fee from such educational organization.
(2) Necessary arrangement of appropriate training may be made
for the teachers imparting education to the disabled persons.
(3) Special type of arrangement may be made to impart education
to the blind, deaf and mentally handicapped persons.

7. Arrangement of Health and Medical Treatment

7. Arrangement of Health and Medical Treatment:

(1) The  Government of Nepal may make necessary arrangement in regard to cure and recover the recoverable and curable disability and to protect, recover, control, eradicate and cure the disability by finding out the
casual factors.
(2) The Government of Nepal may make necessary arrangement to make available the treatment necessary to reduce the different adverse effects of disability as far as possible and to provide the check-up and health service for that purpose.
(3) The Government of Nepal may make necessary arrangement of promotion in nutritious food, control or eradication of the disease caused by germs and prevention of accidents so as to remove the situation of causing disability as far as possible.

8. Arrangement of Training and Employment

8. Arrangement of Training and Employment:

(1) Necessary arrangement of appropriate training and employment may be made to make the disabled persons economically self-reliant. Arrangement to impart training that can be able to give appropriate returns of labour may
be made in the situation suitable for their condition.
(2) Arrangement of involving the disabled persons in labour or employment system like open and self-reliant industries or rural employment through labour supply system may be made.
(3) Arrangement of providing additional facility to the disable laborers for at least normal livelihood may be made.
(4) A factory appointing the laborers more than twenty five persons may prescribe the quota no less than five percent of the total number of laborers to appoint the disabled persons in the suitable function on the basis of their physical capacity, training, qualification and experience. Such laborers shall obtain remuneration equal to other
laborers and the terms and conditions of service and opportunity of
career development also shall be equal to the other laborers.
Provided that a factory may be exempted from such mandatory provision of this subsection in case the factory states the fact of existence of probability of loss in the health and other situation of disabled person in the case of appointing him and obtains prior approval of the Social Welfare Officer.
(5) Arrangement of providing the basic facility and protection like loan, availability of raw materials, market system etc. may be made   for the purpose of operation of cottage and rural small scale industry to
make arrangement of personal employment for the disabled persons only.
(6) Arrangement of making and causing to make study of the means of employment and livelihood for the disabled persons only and the feasibility of the facilities and privileges to be given for that purpose shall be made.
(7) Arrangement to be used the safety tools to protect the disabled person may be made while involving him in the function of any machine.

10. Facilities and Privileges

10. Facilities and Privileges:

(1) In case a house less disabled person needs land for constructing a house or a disabled person needs land for
agricultural enterprise, the land to be distributed by the Government of Nepal under the prevailing law or the land to be given for cultivation for the time being, may be made available subject to the prescribed terms
and conditions.
(2) In case a disabled person desires to participate in the sports, recreation or cultural show etc., he may be given priority in the concerned organization in regard to impart proper training, teach and make arrangement for that purpose.
(3) Half of the passenger fare may be exempted to a disable person while traveling by bus, rail or aero plane and to one more person  in case the disabled person continuously needs support of another
person.
(4) The Government of Nepal may fully or partially exempt the customs duty, excise duty, sales tax, local tax, surcharge and other fees also to be levied in the accessory means, tools or equipments to be used
by disabled person and the goods, machine, part and raw materials to be used for the training of disabled person or for the employment of disabled person who is assigned in the employment. Provided that such employer should be fully employer of disabled
person.
(5) The Government of Nepal may exempt the income tax and all other types of taxes to the disabled person and the organizations established for rehabilitation of disabled persons or those used for
implementation of that function. The disabled person and such organization needs not submit the statement of income tax when the disabled person submits certificate of his disability or the organization
submits certificate of assignment in such service.
(6) The Government of Nepal may exempt the income tax at the rate as prescribed to a factory providing employment to the disabled persons in the ratio of disabled persons appointed by the factory.
Permission may be granted to add the expenditure, incurred for the special change made in the machines of the factory or the parts and tools installed for appointing the disabled person, in the figure of exemption
of income tax in the quantity as prescribed.
(7) Arrangement of making available credit in simple rate of interest from the bank or financial institution to the social organization, business or industrial enterprises who impart training for the disabled
persons only or provide employment or make arrangement of employment may be made.
(8) Arrangement of disabled person’s home for the residence of
senior disabled person or helpless disabled person and recreation and the
means to make easy pastime in such disabled person’s home may be
made.
(9) Arrangement of unemployment allowance, livelihood
allowance, old age pension as prescribed for the disabled persons or
special allowance for a disabled person unable to make livelihood by
earning may be made.
(10) Arrangement of making reserved some seats for the disabled
persons in the means of public transport may be made.