chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Construction Business Act, 1999

Chapter-5

Fund and Audit

17. Construction Entrepreneur Fund: (1) A Construction Entrepreneur Fund has been established to provide necessary services and assistance to construction entrepreneurs for enhancing the quality of public construction works and the work efficiency of construction entrepreneurs.

(2) The Fund mentioned in Sub-section (1) shall consist of the following amounts:-

(a) Amount received from the Government of Nepal,

(b) Fees received from construction entrepreneurs as prescribed,

(c) Amount received from domestic or foreign associations or organizations.

(3) Expenditure from the Fund shall be according to the decision of the Council.

(4) The operation and audit of the Fund mentioned in Sub-section (1) shall be as prescribed. Chapter – 6

Miscellaneous

18. Contract Related Documents to be Sent: One copy of the agreement made and documents related thereto concerning the carrying out of public construction work within Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. shall be sent to the Committee by the body approving the contract. 19. Details of Goods Imported at Concession to be Disclosed: Under the facilities obtained under the prevailing law for public construction work carried out pursuant to bilateral or multilateral agreements, details of vehicles, machinery tools, and other similar machinery and equipment imported into Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. by domestic and foreign construction entrepreneurs shall be submitted to the Committee in the format as prescribed. 20. Machinery Tools etc. Imported at Concession by Foreign Construction Entrepreneur Not to be Used Elsewhere: (1) The vehicles, machinery tools, and other similar machinery and equipment imported by a foreign construction entrepreneur pursuant to Section 19 shall be used only for the work for which they were imported. Without the approval of the Government of Nepal, such vehicles, machinery tools, machinery and equipment shall not be used for other work.

(2) If the vehicles, machinery tools, and other similar machinery and equipment imported by a foreign construction entrepreneur pursuant to Section 19 are not taken back after the completion of the public construction work, tax, duty, fee, etc. leviable under the prevailing law on such vehicles, machinery tools, and other machinery and equipment shall also be recovered. 21. To be According to Agreement with Foreign Government or Institution: Notwithstanding anything contained elsewhere in this Act, while carrying out public construction work according to an agreement on grant or loan assistance entered into between the Government of Nepal and a foreign government or an institution owned by a foreign government or international institutions, it shall be according to what is written in that agreement. 22.
Construction Business Act, 1999

22. Penalty: If any domestic or foreign construction entrepreneur misuses the concessions and facilities obtained under the prevailing law, the Government of Nepal may fine such construction entrepreneur up to double the amount so misused. 23. May Form Sub-Committee: (1) The Council and the Committee may form sub-committees as necessary for the conduct of their work.

(2) The functions, duties, powers and working procedure of the sub-committee formed pursuant to Sub-section (1) shall be as determined by the Council or the Committee. 24. To Give Copy of License: If any construction entrepreneur applies to obtain a copy of the license due to the license being lost or destroyed, the Committee shall give a copy of the license upon collecting the fee as prescribed. 25. Delegation of Authority: The Government of Nepal may delegate some of the powers vested in it under this Act to a designated authority for a prescribed period. 26. To be According to Prevailing Law: Matters written in this Act shall be according to this Act, and other matters shall be according to the prevailing law. 27. Power to Make Rules: The Government of Nepal may make necessary Rules for the fulfillment of the objectives of this Act. 28. Saving: Licenses granted to firms and companies relating to contractors registered under the prevailing law before the commencement of this Act shall be deemed to have been granted under this Act.
Immunization Act, 2016

Vaccine Act, 2072 (2015)

Certification and Publication Date
2072.10.12 (2015)

Amending Act

1. Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 (2018) 2075.11.19 (2019)

Act Number 13 of the Year 2072 (2015)

An Act Made to Provide for Matters Relating to Vaccination Services

Preamble: Whereas, it is expedient to make necessary provisions for reducing the mortality rate of infants, children, mothers and other persons by preventing, controlling, mitigating or eradicating diseases through vaccines, and for providing quality vaccination services by developing, expanding and strengthening vaccination services,

Be it enacted by the Legislature-Parliament in accordance with Sub-article (1) of Article 296 of the Constitution of Nepal. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act shall be called the "Vaccine Act, 2072 (2015)."

(2) This Act shall commence on the ninety-first day after the date of its certification. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "License" means a license granted pursuant to Section 11 to operate vaccination services.

(b) "Investigation Committee" means the Adverse Event Investigation Committee pursuant to Section 19.

(c) "Fund" means the Vaccine Fund pursuant to Section 21.

(d) "Vaccine" means a vaccine administered for the prevention, control, mitigation or eradication of any disease.

(e) "Vaccination Card" means a vaccination card provided pursuant to Section 12.

(f) "Vaccination Program" means the national vaccination program conducted by the Ministry on a routine or campaign basis for the prevention, control, mitigation or eradication of any disease, and the term also includes the work of monitoring vaccine-preventable diseases.

(g) "Vaccinator" means a health worker or medical practitioner who administers vaccines, and the term also includes other persons designated by the Ministry for administering specific types of vaccines.

(h) "Vaccination Service" means the act of providing vaccines pursuant to this Act, and the term also includes the work of managing, supplying, storing or distributing vaccine materials for the operation of vaccination services.

(i) "Medical Practitioner" means a person registered as a medical practitioner pursuant to prevailing law.

(j) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(k) "Ministry" means the amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 (2018).Ministry of Health and Population.

(l) "Committee" means the National Vaccination Committee pursuant to Section 15.

(m) "Advisory Committee" means the National Vaccine Advisory Committee pursuant to Section 18.

(n) "Department" means the Department of Health Services.

(o) "Health Worker" means a person registered as a health worker pursuant to prevailing law. Chapter-2
Provisions Relating to Vaccination Services

3.
Immunization Act, 2016

Chapter-2
Provisions Relating to Vaccination Services

3. Right of Target Group Persons to Receive Vaccines: (1) Persons of the target group shall have the right to receive vaccines included in the vaccination program free of charge. Explanation: For the purpose of this Section, "target group" means persons of a class, community or area specified in the vaccination program as requiring vaccination for the prevention, control, mitigation or eradication of particular types of diseases.

(2) The Ministry shall, specifying a certain date and time, make arrangements for administering vaccines pursuant to Sub-section (1) at any hospital, health institution, vaccination center, mobile vaccination clinic, or other location.

(3) The Ministry may seek assistance from the relevant local level, police administration, and volunteers for the purpose of administering vaccines pursuant to this Section. 4. Compulsory Administration of Vaccines: (1) The Ministry may designate any vaccine as mandatory to be administered for the prevention, control, mitigation or eradication of diseases as prescribed.

(2) It shall be the duty of the concerned person to receive the vaccine pursuant to Sub-section (1). 5. Duty of Guardian or Parent: It shall be the duty of the guardian, parent or person having care of an infant, child or any other person under their guardianship, parenthood or care to arrange for the administration of vaccines included in the vaccination program to such person. 6. Vaccine Not to Be Administered: Notwithstanding anything contained elsewhere in this Chapter, if it appears that a particular vaccine should not be administered to a person due to their health condition, the vaccinator shall not administer such vaccine to that person. 7. Information to Be Provided About Vaccines: (1) Before administering a vaccine, the vaccinator shall inform the person receiving the vaccine, orally or through other means, about the nature, benefits, and potential side effects of such vaccine.

(2) If the person receiving the vaccine pursuant to Sub-section (1) is a minor, incapacitated, or mentally unsound, the vaccinator shall provide the information mentioned in that Sub-section to their guardian or parent. 8. Vaccine to Be According to Standards: Vaccines administered pursuant to this Act shall be in accordance with the prescribed standards. 9. Responsibility of Medical Practitioners and Health Workers: It shall be the responsibility of the concerned medical practitioner and health worker to be involved in the work of administering vaccines pursuant to this Act. 10. Obstruction of Vaccination Program Prohibited: No person shall create any kind of hindrance or obstruction in the work related to the operation of vaccination services. 11.
Immunization Act, 2016

10. Obstruction of Vaccination Program Prohibited: No person shall create any kind of hindrance or obstruction in the work related to the operation of vaccination services. 11. License Required: (1) A private, non-governmental, or community hospital or health institution wishing to operate vaccination services shall obtain a license from the prescribed body as prescribed.

(2) A hospital or health institution that has obtained a license to operate vaccination services pursuant to Sub-section (1) shall regularly submit reports of the vaccination services it operates to the prescribed body or health institution. 12. Record of Vaccination Services to Be Maintained: (1) The vaccinator shall maintain updated records of persons who have been vaccinated.

(2) As proof of vaccination, the vaccinator shall provide a vaccination card in the prescribed format to the person being vaccinated.

(3) The person receiving the vaccine, their guardian or parent, shall keep the vaccination card safe. Chapter-3
Provisions Relating to Vaccine Supply and Storage

13. Registered Vaccine to Be Supplied: (1) The institution supplying vaccines shall supply only vaccines registered with the Department of Drug Administration.

(2) The vaccine supplied pursuant to Sub-section (1) must have been produced following good manufacturing practices and certified as having quality by the World Health Organization.

(3) Notwithstanding anything contained in Sub-section (2), a vaccine that has not yet been certified as having quality by the World Health Organization may be supplied in the following circumstances:-

(a) having been produced following good manufacturing practices,
(b) having been used in the country of origin or other countries,
(c) having been registered with the regulatory authority of the producing country, and
(d) the matters mentioned in clauses (a), (b) and (c) have been certified by the Department of Drug Administration. 14. Transport, Storage and Distribution of Vaccines: The transport, storage, and distribution of vaccines, the equipment used for that purpose, and the temperature to be maintained up to the time of vaccine use shall be in accordance with the standards prescribed by the Ministry. Chapter-4
Provisions Relating to Various Committees

15.
Immunization Act, 2016

Transport, Storage and Distribution of Vaccines: The transport, storage, and distribution of vaccines, the equipment used for that purpose, and the temperature to be maintained up to the time of vaccine use shall be in accordance with the standards prescribed by the Ministry. Chapter-4
Provisions Relating to Various Committees

15. Committee: (1) There shall be a National Vaccination Committee for the purpose of advising the Ministry on policy formulation related to the vaccination program.

(2) The Committee shall be constituted as follows:-

(a) Secretary of the Ministry – Chairperson
(b) Director General of the Department – Member
(c) Joint Secretary, Ministry of Finance – Member
amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 (2018).(d) Joint Secretary, Ministry of Federal Affairs and General Administration – Member
amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 (2018).(e) Joint Secretary, Ministry of Education, Science and Technology – Member
(f) Joint Secretary, Ministry of Women, Children and Senior Citizens – Member
(g) Two persons nominated by the Ministry from among pediatric specialists, public health specialists or health economists, including one woman – Member
(h) Director, Child Health Division, Department – Member-Secretary

(3) The term of office of nominated members pursuant to Sub-section (2) shall be four years.

(4) Notwithstanding anything contained in Sub-section (3), if any nominated member does not fulfill their official responsibilities, the Ministry may remove them from membership at any time.

(5) Before removing a member pursuant to Sub-section (4), the Ministry shall give them an opportunity to submit a defense.

(6) The Child Health Division of the Department shall serve as the secretariat of the Committee. 16. Functions, Duties and Powers of the Committee: In addition to the functions, duties and powers mentioned elsewhere in this Act, the other functions, duties and powers of the Committee shall be as follows:-

(a) to formulate policies related to the vaccination program and submit them to the Ministry,
(b) to give directives to relevant bodies for the development, expansion and operation of the vaccination program,
(c) to mobilize necessary resources to make the vaccination program sustainable and reliable,
(d) to monitor and evaluate the vaccination program,
(e) to coordinate with relevant bodies for the development and expansion of vaccines,
(f) to form sub-committees as necessary for the effective operation of the vaccination program,
(g) to give directives to the Department to implement suggestions provided by the Advisory Committee and the Investigation Committee on vaccine-related matters. 17.
Immunization Act, 2016

17. Meetings and Decisions of the Committee: (1) The meeting of the Committee shall be held at least four times a year.

(2) The meeting of the Committee shall be called by the Member-Secretary under the direction of the Chairperson of the Committee.

(3) The Member-Secretary shall provide notice, including the agenda for discussion, to all members of the Committee at least twenty-four hours before the meeting is held.

(4) If more than fifty percent of the total number of members of the Committee are present, the meeting shall be deemed to have a quorum.

(5) The meeting of the Committee shall be presided over by the Chairperson of the Committee, and in their absence, by a member chosen by the members present at the meeting from among themselves.

(6) The opinion of the majority shall prevail in the meeting of the Committee, and in case of a tie, the person presiding over the meeting shall cast the deciding vote.

(7) The Committee may invite any person related to the vaccination program to attend its meeting if it deems necessary.

(8) Other procedures relating to meetings of the Committee shall be as determined by the Committee itself. 18. Advisory Committee: (1) There shall be a National Vaccine Advisory Committee to advise the Committee regarding the development, expansion and operation of the vaccination program, and regarding the immediate operation of a vaccination program during natural disasters or epidemics.

(2) The Advisory Committee shall be constituted as follows:-

(a) Person nominated by the Ministry from among public health specialist medical practitioners or senior pediatric specialists – Chairperson
(b) Director, Child Health Division, Department – Member
(c) President of the Nepal Pediatric Society, or a representative of that Society designated by them – Member
(d) Three persons nominated by the Ministry from among epidemiologists, public health experts, health economists or senior pediatric specialists – Member
(e) Chief, Vaccine Section, Department – Member-Secretary

(3) The term of office of the Chairperson and nominated members of the Advisory Committee shall be four years.

(4) Notwithstanding anything contained in Sub-section (3), if the Chairperson or a nominated member of the Advisory Committee does not fulfill their official responsibilities, the Ministry may remove them at any time.

(5) Before removing the Chairperson or a member of the Advisory Committee pursuant to Sub-section (4), the Ministry shall give them an opportunity to submit a defense.

(6) The Child Health Division of the Department shall serve as the secretariat of the Advisory Committee. 19.
Immunization Act, 2016

19. Investigation Committee: (1) There shall be an Adverse Event Investigation Committee to immediately investigate adverse events that may occur after vaccination and submit a report thereof to the Committee.

(2) The Investigation Committee shall be constituted as follows:-

(a) Person nominated by the Ministry from among senior pediatric specialists – Chairperson
(b) Representative, Department of Drug Administration – Member
(c) Representative, Nepal Pediatric Society – Member
(d) One person from among senior pediatric specialists – Member
(e) One person from among senior public health experts – Member
(f) One person from among senior pathologists – Member
(g) Chief, Vaccine Section, Department – Member-Secretary

(3) The nomination of members pursuant to clauses (d), (e) and (f) of Sub-section (2) shall be made by the Ministry.

(4) The term of office of the Chairperson and nominated members of the Investigation Committee shall be four years.

(5) Notwithstanding anything contained in Sub-section (4), if the Chairperson or a nominated member of the Investigation Committee does not fulfill their official responsibilities, the Ministry may remove them from such position at any time.

(6) Before removing the Chairperson or any member pursuant to Sub-section (5), the Ministry shall give them an opportunity to submit a defense.

(7) The Child Health Division of the Department shall serve as the secretariat of the Investigation Committee. 20. Directive May Be Given to Implement Suggestions: If the suggestion of the Advisory Committee or the Investigation Committee appears to be of a nature requiring immediate implementation, and if the meeting of the Committee cannot be held immediately, the Chairperson of the Committee may give a directive to the Department to implement such suggestion, subject to ratification by the next meeting of the Committee. Chapter-5
Fund and Audit

21. Fund: (1) There shall be a fund called the Vaccine Fund for the purpose of developing the vaccination program, among other works.

(2) The Fund shall consist of the following amounts:-

(a) Amount received from the Government of Nepal,
(b) Amount received from domestic persons, financial, cooperative or other associations or institutions,
(c) Amount received from foreign persons, governments or international associations or institutions,
(d) Amount received from other sources.

(3) The Committee shall obtain the approval of the Ministry of Finance before receiving the amount mentioned in clause (c) of Sub-section (2).

(4) The Committee shall open an account in a licensed "A" class commercial bank pursuant to prevailing law and deposit amounts received in the Fund. 22.
Immunization Act, 2016

22. Utilization of the Fund: (1) The Committee may expend the Fund amount for the following works:-

(a) to purchase vaccines and operate the vaccination program,
(b) to immediately purchase vaccines, if necessary due to natural disasters or epidemics, and operate the vaccination program,
(c) to conduct studies and research on matters related to the development or expansion of the vaccination program,
(d) to invest in the production of vaccines used in the vaccination program within the country in partnership with the private sector, if it appears appropriate from the perspective of cost-effectiveness,
(e) to carry out administrative work including conducting meetings of the Committee.

(2) When expending the Fund amount for the works mentioned in clauses (a), (b) and (d) of Sub-section (1), the Committee shall obtain the approval of the Ministry. 23. Fund Amount Not to Be Expended on Other Works: The Committee shall not expend the Fund amount on works other than those mentioned in Sub-section (1) of Section 22. 24. Arrangement of Funds: (1) The Government of Nepal shall arrange for the funds necessary for the sustainable management of the vaccination program.

(2) When expending the Fund amount for works other than those mentioned in clause (b) of Sub-section (1) of Section 22, the Committee shall make expenditures ensuring that at least ten crore rupees remains in balance in the Fund.

(3) The Government of Nepal shall reimburse the Fund as soon as possible for the amount expended for the work pursuant to clause (b) of Sub-section (1) of Section 22. 25. Accounts and Audit of the Fund: (1) The accounts of income and expenditure of the Fund shall be maintained in accordance with the accounting system adopted by the Government of Nepal.

(2) The internal audit of the Fund shall be conducted by the Office of the Comptroller and Auditor General.

(3) The final audit of the Fund shall be conducted by the Auditor General. Chapter-6
Penalties, Compensation and Appeals

26.
Immunization Act, 2016

Chapter-6
Penalties, Compensation and Appeals

26. Penalties: (1) If any person operates vaccination services without obtaining a license, the Committee shall close down such vaccination services and impose a fine of Rupees three hundred thousand to Rupees five hundred thousand on the person operating such vaccination services.

(2) If any person supplies an unregistered vaccine contrary to Section 13, the Committee shall destroy such vaccine and impose a fine of Rupees twenty-five thousand to Rupees one hundred thousand on the person supplying such vaccine.

(3) If any person distributes vaccines contrary to the prescribed standards pursuant to Section 14, the Committee shall destroy such vaccine and impose a fine of Rupees fifty thousand on the person distributing the vaccine.

(4) If any person commits any other act contrary to this Act or the rules made under this Act, besides those mentioned in Sub-section (1), (2) or (3), the Committee shall impose a fine of Rupees ten thousand to Rupees twenty-five thousand on such person.

(5) If an act punishable pursuant to Sub-section (4) is committed by an employee of a government or public institution, the Committee may also send a letter to the concerned body to initiate departmental action against such employee. 27. Complaint May Be Filed: (1) A person who learns of any act punishable pursuant to Section 26 being committed by another person may file a complaint with the Committee within thirty-five days from the date of commission of such act.

(2) Notwithstanding anything contained in Sub-section (1), even if no complaint is filed with the Committee regarding acts or actions contrary to this Act, if the Committee receives information from any source about the commission of such act, the Committee may investigate the matter and impose a penalty pursuant to Section 26. 28. Provision Relating to Treatment and Compensation: (1) If the Investigation Committee determines that a serious adverse effect has occurred on the health of a person solely due to the administration of a vaccine, the body or institution from which such vaccine was administered shall provide treatment and also pay compensation to such person.

(2) If the Investigation Committee determines that, solely due to the administration of a vaccine, a person has suffered a serious physical injury resulting in the loss of a limb or has died, the Committee shall arrange for compensation to be provided from the body or institution that administered such vaccine to the injured person themselves, or in case of death, to their immediate heir.

(3) The basis for providing compensation pursuant to Sub-sections (1) and (2) shall be as prescribed. 29.
Immunization Act, 2016

29. Expert Committee May Be Formed: The Committee may form an Expert Committee under the convenorship of a member of the Committee to submit opinions and recommendations regarding imposing penalties pursuant to Section 26 or determining compensation pursuant to Section 28. 30. Appeal: A person dissatisfied with a decision made or order given by the Committee pursuant to Section 26 or 28 may appeal to the High Court within thirty-five days from the date of such decision or order. Provided that, until the High Court assumes its jurisdiction, there shall be no bar to appealing to the Appellate Court. 31. No Bar to Prosecution Under Prevailing Law: If any act or action punishable under this Act is also punishable under other prevailing law, this Act shall not be deemed to create any bar to prosecuting and taking action under such law. Chapter-7
Miscellaneous

32. Incentive or Reward May Be Provided: The Ministry may provide incentives or rewards to individuals who make outstanding contributions in the field of vaccination services. 33. Vaccination Card May Be Requested: (1) While enrolling children, a school may request the vaccination card of the child from their guardian or parent.

(2) Notwithstanding anything contained in Sub-section (1), no child shall be denied admission to a school solely on the ground of failing to present a vaccination card.

(3) The school shall maintain records of children who have not received vaccines included in the vaccination program and shall send a report thereof to the local government health institution. 34. Goodwill Ambassador May Be Designated: The Government of Nepal may designate a nationally renowned person as a Goodwill Ambassador to promote the vaccination program. 35. Awareness Programs to Be Conducted: The Committee shall regularly conduct awareness programs regarding the benefits of vaccination and the negative health effects that may occur if vaccines are not received on time. 36. Meeting Allowance: The Chairperson, members, and invited members of the various committees and sub-committees formed under this Act shall receive a meeting allowance as determined by the Ministry of Finance for participating in meetings. 37. Cooperation to Be Provided: It shall be the duty of the concerned body or person to provide necessary cooperation in relation to the operation of vaccination services. 38. Delegation of Powers: (1) The Ministry may, as necessary, delegate some of the powers vested in it pursuant to this Act to the Committee or any body.

(2) The Committee may, as necessary, delegate some of the powers vested in it pursuant to this Act to the Chairperson, a member or any authorized employee of the Committee. 39.
Immunization Act, 2016

39. Annual Report to Be Submitted: (1) The Committee shall submit an annual report of its work and activities during the year to the Ministry within three months of the end of the fiscal year.

(2) The Committee may make the report pursuant to Sub-section (1) public. 40. Directive May Be Given: (1) The Ministry may give necessary directives to the Committee regarding its work and activities.

(2) It shall be the duty of the Committee to comply with the directives given by the Ministry pursuant to Sub-section (1). 41. Directive May Be Issued: The Committee may, subject to this Act and the rules made under this Act, issue necessary directives and implement them. 42. Power to Make Rules: (1) The Government of Nepal may make necessary rules for the implementation of this Act.

(2) Without prejudice to the generality of the power conferred by Sub-section (1), the Government of Nepal may in particular make rules on the following matters:-

(a) Standards of vaccines,
(b) Procedures for issuing licenses, fees for license and renewal, duration of license, cancellation, and conditions to be fulfilled by the licensee,
(c) Monitoring of vaccination services,
(d) Reports to be submitted to health institutions,
(e) Records of vaccination services,
(f) Vaccination Card,
(g) Other functions, duties and powers of the Committee,
(h) Meetings of the Advisory Committee and the Investigation Committee,
(i) Operation of Fund accounts,
(j) Utilization of Fund amount,
(k) Compensation to be provided to persons receiving vaccines,
(l) Other necessary matters relating to vaccines. 43. Repeal and Saving: (1) The National Vaccine Fund (Operation) Regulations, 2070 (2013) is hereby repealed.

(2) Acts and actions performed pursuant to the National Vaccine Fund (Operation) Regulations, 2070 (2013) shall be deemed to have been performed under this Act.
Right to Information Act, 2007

Chapter-2
Provisions Relating to Right to Information and Flow of Information

3. Right to Information: (1) Every Nepali citizen shall have the right to information, subject to this Act.

(2) Every Nepali citizen shall have access to information held in a public agency.

(3) Notwithstanding anything contained in sub-sections (1) and (2), information relating to the following subjects held in a public agency shall not be disclosed:–

(a) Information that seriously jeopardizes the sovereignty, integrity, national security, public peace and order, or international relations of Nepal,

(b) Information that directly affects the investigation, inquiry, and prosecution of an offence,

(c) Information that seriously impairs economic, commercial, or monetary interests or the protection of intellectual property or banking or trade secrecy,

(d) Information that directly disturbs harmonious relations between various castes or communities,

(e) Information that endangers personal privacy and the life, body, property, health, or security of an individual. Provided that the public agency shall not be absolved of its obligation to disclose such information unless there is a reasonable and sufficient reason not to disclose information accordingly.

(4) If the records of a public agency contain information that can be disclosed and information that cannot be disclosed under this Act, the information officer shall separate the information that can be disclosed and make it available to the applicant. 4. Duties of a Public Agency: (1) Every public agency shall respect and protect the right to information of citizens.

(2) For the purpose of sub-section (1), it shall be the duty of a public agency to perform the following works:––

(a) To classify and update information and make it public, publish, and disseminate it from time to time,

(b) To simplify and facilitate citizens' access to information,

(c) To conduct its work proceedings in an open and transparent manner,

(d) To make arrangements for appropriate training and instruction for its employees.

(3) While making information public, publishing, or disseminating it pursuant to clause (a) of sub-section (2), the public agency may do so through various national languages and means of mass communication. 5.
Right to Information Act, 2007

5. Updating and Publication of Information: (1) A public agency shall keep information relating to its agency updated.

(2) A public agency shall, as far as possible, cause to update information relating to its agency up to at least twenty years before the commencement of this Act, pursuant to sub-section (1).

(3) A public agency shall list and publish the following information relating to that agency:–

(a) The form and nature of the agency,

(b) The functions, duties, and powers of the agency,

(c) The number of employees and job descriptions in the agency,

(d) Services provided by the agency,

(e) The branch of the agency providing services and the responsible officer,

(f) The fees to be charged and the duration for receiving services,

(g) The decision-making process and the officer,

(h) The officer who hears complaints against decisions,

(i) The details of work performed,

(j) The name and position of the information officer and the chief,

(k) A list of Acts, rules, regulations, or directives,

(l) Updated details of income, expenditure, and financial transactions,

(m) Other details as prescribed.

(4) The public agency shall update and publish the information pursuant to sub-section (3) within three months from the date of commencement of this Act and thereafter every three months. 6. Provision for Information Officer: (1) A public agency shall make provision for an Information Officer for the purpose of disclosing information in its office.

(2) For the purpose of disclosing information under sub-section (1), the chief shall make available information in his/her office to the Information Officer on a regular basis.

(3) A public agency may, as required, make provision for an information section for the purpose of disclosing information. 7.
Right to Information Act, 2007

7. Procedure for Obtaining Information: (1) A Nepali citizen wishing to obtain any information under this Act shall submit an application to the concerned Information Officer stating the reason for needing to obtain such information.

(2) If an application is received under sub-section (1), the Information Officer shall, if it is information of a nature that can be made available immediately, make it available immediately and, if it is information of a nature that cannot be made available immediately, make the information available to the applicant within fifteen days from the date of receipt of the application.

(3) If information cannot be made available immediately under sub-section (2), the Information Officer shall immediately inform the applicant of the reason thereof.

(4) Notwithstanding anything contained in sub-section (3), if the Information Officer has received a request for information relating to the safety of life or body of any person, such information shall be made available to the applicant within twenty-four hours of the request.

(5) The Information Officer shall, as far as possible, make available the information requested by the applicant in the form requested.

(6) Notwithstanding anything contained in sub-section (5), if making available the information in the form requested by the applicant is likely to damage, destroy, or impair the source of information, the Information Officer may state the reason thereof and make the information available to the applicant in an appropriate form.

(7) If a person has submitted an application under sub-section (1) for the purpose of studying or observing any writing, material, or work proceedings, the Information Officer shall provide the applicant with a reasonable time for the study or observation of such writing, material, or work proceedings.

(8) If, upon examining an application received under sub-section (1), it appears that the information requested by the applicant is not related to his/her agency, the Information Officer shall immediately inform the applicant of that fact. 8. Fees Charged for Information: (1) While requesting information under Section 7, the applicant shall pay the prescribed fee to the concerned agency. Provided that if separate provisions for fees exist in the prevailing law concerning any information, it shall be as per that law.

(2) While prescribing fees under sub-section (1), they shall be prescribed based on the actual cost incurred in making the information available.

(3) If it appears that the fee prescribed under sub-section (2) is more than the cost, the concerned person may lodge a complaint with the Commission.

(4) If, upon examining a complaint lodged under sub-section (3), it appears that the fee has been prescribed contrary to sub-section (2), the Commission may order a review of such fee. 9.
Right to Information Act, 2007

9. Right to Lodge Complaint: (1) If the Information Officer does not make information available, refuses to provide information, provides information partially, provides incorrect information, or denies information stating that the person is not a stakeholder, the concerned person may lodge a complaint with the Chief within seven days from the date of not receiving such information or receiving it partially.

(2) If, upon examining a complaint received under sub-section (1), it appears that information was not provided, or was provided partially, or incorrect information was provided, the Chief shall order the Information Officer to make available the information as requested by the applicant, and upon such order, the Information Officer shall make the information available to the concerned applicant.

(3) If, upon examining a complaint under sub-section (2), it appears that the Information Officer intentionally or mala fide did not provide information, refused to provide information, provided information partially, or provided incorrect information, the Chief may initiate departmental action against such Information Officer pursuant to the prevailing law.

(4) If, upon examining a complaint under sub-section (2), it appears that the information cannot be provided, the Chief shall make a decision to that effect and inform the applicant of the decision along with the reason thereof. 10. Right to Appeal: (1) A person aggrieved by the decision made by the Chief under sub-section (4) of Section 9 may appeal to the Commission within thirty-five days from the date of receiving notice of such decision.

(2) While processing and adjudicating an appeal received under sub-section (1), the Commission may summon the concerned Chief or Information Officer to appear before it and take statements, require the production of any document, examine witnesses and evidence relating thereto, or request copies of any document from the public agency.

(3) While processing and adjudicating an appeal under sub-section (2), the Commission may do the following:–

(a) If the grounds of appeal appear reasonable, order the concerned Chief to make information available to the appellant free of cost within a specified time limit,

(b) If the appeal appears frivolous, dismiss the appeal.

(4) The Commission shall undertake necessary proceedings and make a final decision regarding the appeal within sixty days of the filing of the appeal.

(5) Other procedures to be followed by the Commission while processing appeals under this section shall be as prescribed. Chapter-3
Provisions Relating to the Commission

11.
Right to Information Act, 2007

Chapter-3
Provisions Relating to the Commission

11. Provision for Commission: (1) There shall be an independent National Information Commission for the purpose of protecting, promoting, and exercising the right to information.

(2) The Commission shall consist of a Chief Information Commissioner and two other Information Commissioners.

(3) There shall be a committee as follows to recommend candidates for appointment to the positions of Chief Information Commissioner and Information Commissioner:–

(a) Speaker — Chairperson

Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 (2018).(b) Minister or Minister of State for Communication and Information Technology — Member

(c) President, Nepal Federation of Journalists — Member

(4) The Government of Nepal shall appoint the Chief Information Commissioner and Information Commissioners on the recommendation of the committee under sub-section (3); while making such appointment, at least one woman shall be included.

(5) The committee under sub-section (3) shall, as far as possible, follow the principle of inclusion while recommending candidates for appointment to the positions of Chief Information Commissioner and Information Commissioner.

(6) The procedure to be followed while making recommendations for appointment under sub-section (3) shall be as determined by the recommendation committee itself. 12. Qualification: To be appointed to the position of Chief Information Commissioner or Information Commissioner, a person must possess the following qualifications:–

(a) A citizen of Nepal,

(b) Having obtained at least a post-graduate degree from a recognized university, and

(c) Having gained at least fifteen years of experience in the field of mass communication, law and justice, public administration, information technology, or management. 13. Disqualification: The following persons shall be disqualified from being appointed to the position of Chief Information Commissioner or Information Commissioner:–

(a) One who does not have the qualification under Section 12,

(b) One who has been convicted by a court of a criminal offence involving moral turpitude,

(c) A serving employee of a government or public institution,

(d) One holding any political office, and

(e) One who is disqualified for appointment under the prevailing law. 14. Term of Office: (1) The term of office of the Chief Information Commissioner and Information Commissioner shall be five years, and he/she shall not be eligible for reappointment to that position.

(2) Notwithstanding anything contained in sub-section (1), subject to the term of office mentioned in that sub-section, an Information Commissioner may be appointed to the position of Chief Information Commissioner.

(3) The recommendation committee under sub-section (3) of Section 11 shall make a recommendation for a new appointment at least one month before the expiry of the term of office of the Chief Information Commissioner and Information Commissioners of the Commission. 15.
Right to Information Act, 2007

15. Vacancy of Office: The office of Chief Information Commissioner or Information Commissioner shall be deemed vacant in the following circumstances:–

(a) Upon his/her death,

(b) Upon his/her attaining the age of sixty-five years,

(c) Upon his/her resignation submitted to the Prime Minister,

(d) Upon the expiry of his/her term of office,

(e) Upon his/her being convicted by a court of a criminal offence involving moral turpitude, or

(f) Upon his/her removal from office under Section 16. 16. Removal from Office: If a proposal stating that it is not appropriate for the Chief Information Commissioner or Information Commissioner to remain in office due to lack of competence, bad conduct, or failure to honestly perform his/her official duties is passed by a two-thirds majority of a meeting of the committee of the Legislature-Parliament related to information and communication, attended by at least two-thirds of the total members of that committee, and such proposal is passed by a meeting of the Legislature-Parliament, the Chief Information Commissioner or Information Commissioner shall vacate the office. Provided that the Chief Information Commissioner or Information Commissioner against whom such accusation is made shall not be deprived of a reasonable opportunity to present his/her defense. 17. Provision Relating to Service Conditions: Provisions relating to remuneration, service conditions, and facilities of the Chief Information Commissioner and Information Commissioner shall be as prescribed. 18. Oath: Before assuming office, the Chief Information Commissioner shall take an oath before the Prime Minister, and the Information Commissioner shall take an oath before the Chief Information Commissioner, in the format as per the Schedule. 19. Functions, Duties, and Powers of the Commission: In addition to the functions, duties, and powers mentioned elsewhere in this Act, the functions, duties, and powers of the Commission shall be as follows:–

(a) To study and observe records, documents, and other materials relating to information of public importance held in public agencies,

(b) To order the listing and maintenance of information relating to records, documents, or other materials held in such agencies,

(c) To order the concerned public agency to make information public for the information of citizens,

(d) To order the concerned public agency to provide information requested by an applicant, specifying a time limit,

(e) To order the concerned party to comply with the duties under this Act,

(f) To provide necessary suggestions or recommendations to the Government of Nepal and various bodies related to information and communication for the protection and promotion of the right to information,

(g) To issue any other appropriate order necessary for the protection, promotion, and exercise of the right to information. 20.
Right to Information Act, 2007

20. Delegation of Powers: The Commission may delegate any of its functions, duties, and powers, other than the power to process and adjudicate appeals under Section 9, to the Chief Information Commissioner, Information Commissioner, or any body or officer to exercise and perform, subject to prescribed conditions. 21. Office of the Commission: The central office of the Commission shall be located in the Kathmandu Valley, and the Commission may open its offices in various places in Nepal as required. 22. Employees of the Commission: (1) There shall be a necessary number of employees in the Commission.

(2) The Government of Nepal shall provide the necessary employees for the Commission. 23. Expenses of the Commission: (1) The Government of Nepal shall make arrangements for the necessary expenses of the Commission.

(2) The Commission may also obtain financial resources required for it from other sources with prior approval of the Government of Nepal. 24. Obligation to Assist the Commission: Public agencies shall assist the work proceedings of the Commission. 25. Annual Report: (1) The Commission shall submit an annual report of its work proceedings every year to the Legislature-Parliament through the Prime Minister.

(2) The Commission shall publish the report under sub-section (1) publicly for the information of the general public. 26. Liaison with the Government of Nepal: The Commission shall liaise with the Government of Nepal through the Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 (2018).Ministry of Communication and Information Technology. Chapter-4

Provisions Relating to Protection of Information

27.