chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Confidentiality of Documents Act, 1982

4. Marking of Class: After classifying documents pursuant to Section 3, each such document shall be stamped with a mark indicating the relevant class as prescribed. 5. Top Secret Document: (1) A Top Secret document shall remain confidential for a period not exceeding thirty years at a time, and no person shall, without the permission of the Government of Nepal, bring to light, mention, or disclose, wholly or partially, such document or its contents, nor shall any person other than the concerned individual inspect it.

(2) A Top Secret document shall be kept under mandatory seal, and the transfer or exchange of such document shall be carried out in a sealed manner. 6. Very Secret Document: (1) A Very Secret document shall remain confidential for a period not exceeding twenty years at a time, and thereafter, if the Government of Nepal so desires, for further periods not exceeding ten years each time, as necessary. Within that period, no person shall, without the permission of the Government of Nepal, bring to light, mention, or disclose, wholly or partially, such document or its contents, nor shall any person other than the concerned individual inspect it.

(2) A Very Secret document shall be kept under mandatory seal or in a closed envelope, and the transfer or exchange of such document shall be carried out in a sealed or envelope-closed manner. 7. Secret Document: (1) A Secret document shall remain confidential for up to five years, and within that period, no person shall, without the permission of the Government of Nepal, bring to light, mention, or disclose, wholly or partially, such document or its contents, nor shall any person other than the concerned individual inspect it.

(2) The transfer or exchange of a Secret document shall generally be carried out in an envelope-closed manner. 8. Reclassification of Document: The Government of Nepal may, as necessary, transfer classified documents from one class to another or place them in no class at all. 9. Not Admissible as Evidence: A classified document shall not be admissible as evidence in any court or legal proceeding until the expiry of the period determined pursuant to Section 5, 6, or 7. Provided that in a case under this Act, there shall be no bar to mentioning only the name and nature of such classified document. 10. Obligation to Disclose Source of Document: If any person publishes or mentions the whole or part of the contents of any classified document, such person shall be obliged to disclose the source of such contents to the officer conducting the proceedings, investigation, or inquiry of a case under this Act. 11.
Confidentiality of Documents Act, 1982

11. Power of Search and Arrest: (1) If there is reasonable cause to believe that any person has committed an offense under this Act or that a classified document is in the unauthorized possession of such person, the Government of Nepal may issue a warrant to arrest such person, or to enter and search the house or land of such person at any time, or to search the person or property of such person, and to seize related property.

(2) In a situation under sub-section (1), if there is a likelihood of the offender fleeing or the evidence of the offense being destroyed, the Government of Nepal may arrest such person even before the issuance of a warrant and may enter any house or land for that purpose at any time. If such offender is attempting to escape by a vehicle, the Government of Nepal may have such vehicle stopped or made to halt at any place. 12. Punishment: (1) If any person violates this Act, the person committing such violation, as well as any person aiding or abetting therein, shall, according to the gravity of the offense, be punished as follows:-

(a) For violation of Section 5, imprisonment for a term of ten to fifteen years or a fine of up to fifty thousand rupees, or both,
(b) For violation of Section 6, imprisonment for a term of five to ten years or a fine of up to twenty-five thousand rupees, or both,
(c) For violation of Section 7, imprisonment for a term of one to five years or a fine of up to ten thousand rupees, or both,
(d) For violation of other sections, a fine of up to five thousand rupees.

(2) If any person convicted of an offense punishable under clause (a), (b), or (c) of sub-section (1) is an employee of a government or public institution and is found guilty in relation to a document under their charge or in their office, such person shall be deemed to have been punished for an offense involving moral turpitude, and shall be automatically dismissed from service, becoming disqualified for future service in any post. 13. Jurisdiction and Procedure:

(1) Omitted by the Judicial Administration Reform (Fourth Amendment) Act, 2043

(2) Omitted by the Judicial Administration Reform (Fourth Amendment) Act, 2043

(3) The case under this Act shall be deemed to be included in Schedule-1 of the transformed by the Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074 and amended by the Some Nepal Acts Amendment Relating to the Muluki Criminal Procedure Code, 2075. Muluki Criminal Procedure Code, 2074.

(4) Omitted by the Judicial Administration Reform (Fourth Amendment) Act, 2043

14.
Confidentiality of Documents Act, 1982

Muluki Criminal Procedure Code, 2074.

(4) Omitted by the Judicial Administration Reform (Fourth Amendment) Act, 2043

14. No Bar to Action under Other Laws: If an offense under this Act is also punishable under any other law in force, nothing contained in this Act shall be deemed to bar action under such other law. 15. Additional Punishment and Jurisdiction: If any person commits any act which is an offense under this Act, and such act is also an offense under any other law in force, or if in connection with an offense under this Act, an offense under any other law in force is also committed, the court under Section 13 shall also try and dispose of the case relating to such offense, and the offender shall, in addition to the punishment under this Act, also be subject to the punishment provided under the other law in force. 16. No Action: If a person who has custody of a document classified under this Act shows such document to another person or otherwise discloses it, believing such other person to be an authorized person, such person shall not be liable to action under this Act. Provided that if such person knowingly shows or discloses a classified document to an unauthorized person, there shall be no bar to taking action against such person under this Act. 17. Delegation of Power: The Government of Nepal may, by notification in the Nepal Gazette, delegate the powers conferred upon it under Section 11 to any office or officer. 18. Power to Make Rules: The Government of Nepal may make rules for the purpose of implementing the objectives of this Act. 19. Saving: Any document of an office bearing a stamp indicating 'Very Secret', 'Secret', or any other similar nature prior to the commencement of this Act shall not be deemed a classified document for the purposes of this Act if it is not classified under this Act.
Mother's Milk Substitutes (Control of Sale and Distribution) Act, 1992

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

(a) “Breast milk substitutes” means any food being marketed or otherwise represented as a partial or total replacement for breast milk.

(b) “Container” means any form of package used for sale as a retail unit of any product, and includes wrappers.

(c) “Committee” means the Breastfeeding Protection and Promotion Committee constituted pursuant to Section 4.

(d) “Product” means any of the following things or articles,-

(1) breast milk substitutes,
(2) any type of milk being marketed or sold as suitable for feeding infants with or without modification,
(3) any other food or beverage being marketed or sold as suitable for feeding infants,
(4) feeding bottles and teats.

(e) “Distributor” means a person engaged in the business of selling or distributing any product, whether wholesale or retail, and includes a person engaged in the provision of public relations services or information relating to any product.

(f) “Health care body” means any government, non-government or private institution or organization or person directly or indirectly involved in health care, and includes nurseries and other child care institutions.

(g) “Health professional” means a medical practitioner, registered nurse or nutritionist, or such other persons as the Government of Nepal may, by notification in the Nepal Gazette, specify.

(h) “Health worker” means a person employed or undergoing training for employment in a health care body and involved in health care work, whether salaried or unsalaried.

(i) “Infant” means a child up to the age of twelve months.

(j) “Infant formula” means a breast milk substitute intended to satisfy the normal nutritional requirements of infants up to the age of four to six months and prepared in accordance with the prevailing Nepali standards suitable for the physical constitution of such infants.

(k) “Label” means any tag, mark, picture or other descriptive matter that is written, printed, lithographed, marked, embossed, included or otherwise shown on the container of a product.

(l) “Manufacturer” means a person directly involved in the business of manufacturing or producing a product, or involved through an agent or by contract or through a person controlled under contract.

(m) “Sale and distribution” means any act of marketing, distributing, advertising, distributing samples, public relations and information services, or otherwise bringing a product to market or selling it.

(n) “Sample” means a single or small quantity of a product provided free of charge.

(o) “Supplementary food” means suitable food used as a supplement when breast milk or breast milk substitutes are insufficient to meet the nutritional needs of an infant.
Mother's Milk Substitutes (Control of Sale and Distribution) Act, 1992

4. Breastfeeding Protection and Promotion Committee: (1) For the purpose of supervising compliance with this Act, and for protecting and promoting breastfeeding and controlling the sale and distribution of products, the Government of Nepal shall constitute a Breastfeeding Protection and Promotion Committee.

(2) The Committee shall consist of the following members:-

Amended by the Some Nepal Acts Amendment Act to Make Consistent with the Constitution of Nepal, 2075. (a) Secretary, Ministry of Health and Population — Chairperson
Amended by the Some Nepal Acts Amendment Act to Make Consistent with the Constitution of Nepal, 2075. (b) Representative (Gazetted First Class), Ministry of Industry, Commerce and Supplies — Member
Omitted by the Some Nepal Acts Amendment Act to Make Consistent with the Constitution of Nepal, 2075. (c)
Omitted by the Some Nepal Acts Amendment Act to Make Consistent with the Constitution of Nepal, 2075. (d)
Amended by the Some Nepal Acts Amendment Act to Make Consistent with the Constitution of Nepal, 2075. (e) Representative (Gazetted First Class), Ministry of Education, Science and Technology — Member
Amended by the Some Nepal Acts Amendment Act to Make Consistent with the Constitution of Nepal, 2075. (f) Representative (Gazetted First Class), Ministry of Labour, Employment and Social Security — Member
(g) Representative, Nepal Paediatric Society — Member
(h) Representative, Federation of Nepalese Chambers of Commerce and Industry — Member
(i) Two persons nominated by the Committee from among eminent persons working in the field of maternal and child health — Member
(j) An eminent nutritionist nominated by the Government of Nepal — Member
(k) One person nominated by the Government of Nepal from among mothers experienced in child rearing, nutrition and care — Member
(l) A person designated by the Government of Nepal — Member-Secretary

(3) The term of office of nominated members shall be two years, and they may be re-nominated as determined by the Committee.

(4) The Committee may invite domestic or foreign experts to participate as observers in its meetings.

(5) The Government of Nepal may, by notification in the Nepal Gazette, increase, decrease or alter the members of the Committee. 5. Meeting of the Committee: (1) A meeting of the Committee shall be convened by the Member-Secretary as directed by the Chairperson.

(2) The presence of two-thirds of the members of the Committee shall constitute a quorum for a meeting.

(3) The opinion of the majority of the members present at a meeting on any matter shall be deemed to be the decision of the Committee.

(4) The decision of the Committee shall be certified by the Member-Secretary.

(5) Other procedures relating to the meetings of the Committee shall be as determined by the Committee itself. 6.
Mother's Milk Substitutes (Control of Sale and Distribution) Act, 1992

6. Functions, Duties and Powers of the Committee: Subject to the policy approved by the Government of Nepal, the functions, duties and powers of the Committee shall be as follows:-

(a) to supervise compliance with this Act as prescribed,
(b) to recommend investigation and prosecution against manufacturers, distributors or health workers who violate the provisions of this Act,
(c) to consider requests for receiving any product as a donation and to approve or reject such requests as prescribed,
(d) to consider requests from health workers for assistance from manufacturers or distributors for research, scholarships, attending professional seminars or conferences, or organizing such seminars or conferences, and to approve or reject such requests as prescribed,
(e) to review product labels submitted by manufacturers and distributors and approve labels that are consistent with the provisions of this Act,
(f) to coordinate work relating to the dissemination of information and educational materials concerning infant feeding,
(g) to formulate national policy for the protection and promotion of breastfeeding,
(h) to form sub-committees as necessary for the purpose of implementation, supervision and control. 7. Information and Education on Infant Feeding: (1) The Ministry, after consulting the Committee, shall grant approval for the dissemination of information and educational materials relating to infant feeding.

(2) Information and educational materials relating to infant feeding, whether written, audio or visual, shall clearly provide information on the following points:-

(a) the benefits and superiority of breastfeeding,
(b) the preparation for and maintenance of lactation, including maternal nutrition,
(c) the negative effects on breastfeeding of bottle feeding or separate supplementary foods,
(d) the difficulty of reverting to breastfeeding after a period of bottle feeding.

(3) Information and educational materials that include matters relating to feeding infants with supplementary foods or breast milk substitutes shall, in addition to the information mentioned in sub-section (2), also clearly set out the following points:-

(a) the proper use of breast milk substitutes,
(b) the cost of feeding breast milk substitutes compared to the cost of breastfeeding,
(c) the health hazards of improper preparation of breast milk substitutes and of inappropriate feeding and bottle feeding,
(d) the method of feeding infants from a cup and spoon,
(e) the method of preparing supplementary foods at home.

(4) Information and educational materials shall contain only accurate and current information, and shall not use any picture or text that discourages breastfeeding or encourages bottle feeding habits. 8.
Mother's Milk Substitutes (Control of Sale and Distribution) Act, 1992

8. Health Care Bodies and Health Workers: (1) Heads of health care bodies and national and local health authorities shall adopt appropriate measures to promote the principles of this Act and to protect and encourage breastfeeding, and shall provide health workers with appropriate information and advice regarding their responsibilities, and shall ensure that health workers are informed of all matters mentioned in Section 7.

(2) Health workers shall protect, promote and encourage breastfeeding. They shall be aware of the provisions of this Act, particularly the matters mentioned in Section 7, and shall, as far as possible, implement those provisions.

(3) Health workers shall not, directly or indirectly, do anything that hinders the initiation and continuation of breastfeeding.

(4) Health workers shall not accept any financial or material gift from manufacturers or distributors in any form.

(5) Health workers shall not give samples of any product to anyone.

(6) Health workers shall not promote any product in any manner.

(7) If a health worker becomes aware that a manufacturer or distributor is attempting to give any gift or other financial benefit to them, or that any person has violated any other provision of this Act, they shall submit a written report thereof to the head of their institution, and the head shall promptly inform the Committee of the same. 9. Acts Prohibited for Manufacturers and Distributors: (1) No manufacturer or distributor shall advertise in any manner that:-

(a) promotes any product,
(b) suggests or implies that bottle feeding is equivalent to or better than breastfeeding.

(2) For the purpose of this section, “advertisement” means all advertising done in the following manner:-

(a) through any publication or by television, radio, film, video or telephone,
(b) by the display of signs, billboards, notices or goods,
(c) by the display of pictures or images,
(d) by any other means.

(3) Notwithstanding anything contained in sub-section (1), advertising of products may be done in publications that reach only health professionals.
Mother's Milk Substitutes (Control of Sale and Distribution) Act, 1992

Provided that such advertising shall be limited to factual and scientific matters and shall not create the impression that bottle feeding is equivalent to or better than breastfeeding, and such advertising shall include the information mentioned in Section 7.

(4) No manufacturer or distributor shall give or distribute samples of any product to any person.

(5) No manufacturer or distributor shall promote any product within a health care body.

(6) For the purpose of this section, “promotion” means introducing or familiarizing any person with a product in any manner, including the following methods:-

(a) by advertising,
(b) by using printed materials including books, leaflets or posters bearing the name or logo of the manufacturer or distributor or the name, logo, graphic or other representation of a proprietary product,
(c) by giving or distributing, at negligible or no cost, any article bearing the name or logo of the manufacturer or distributor or the name, logo, graphic or other representation of a proprietary product,
(d) by displaying products, or
(e) by any other means.

(7) No manufacturer or distributor shall supply products at a price lower than the retail price or donate products to a health care body or any other institution or organization, except where such body or organization requests a donation in the prescribed form and such request is approved by the Committee as prescribed.

(8) No manufacturer or distributor shall contact the general public within a health care body to increase their business or for such purpose.

(9) No manufacturer or distributor shall donate any equipment or articles to a health care body without the approval of the Committee.

(10) No manufacturer or distributor shall give any gift or provide any financial or other benefit to a health worker.

(11) No manufacturer or distributor or health worker shall give scholarships or research grants, or organize professional seminars or conferences, or provide funds required for a health worker to participate in a conference, except where a request is made in the prescribed form and such request is approved by the Committee as prescribed. 10.
Mother's Milk Substitutes (Control of Sale and Distribution) Act, 1992

11. Labeling: (1) Before any product is sold in Nepal, the manufacturer or distributor shall submit the label of such product to the Committee for approval, together with an application as prescribed.

(2) In the case of a product already being sold in Nepal, the manufacturer or distributor shall obtain approval from the Committee for the label of such product within ninety days from the date of commencement of this Act.

(3) The label of a product shall be prepared in a manner that provides the necessary information for the proper use of the product and does not discourage breastfeeding.

(4) No picture, diagram or other representation shall be shown on the label or container of a product, except graphics illustrating the method of preparation.

(5) The label of a product shall bear the name and address of the manufacturer and, if possible, of the distributor.

(6) On the container of, or on a label inseparable from the container of, breast milk substitutes or other dairy products falling within the scope of this Act, there shall be printed in the Nepali language a clear, legible and easily understandable message containing all of the following information:-

(a) the words “Important Notice” or words of similar effect,
(b) a statement that breast milk is the best milk for infants,
(c) a statement that the product should not be used without the advice of a health worker regarding the need and method of use,
(d) instructions for appropriate preparation, in easily understandable graphics or words, and
(e) the quantity of breast milk substitutes or other dairy products necessary to properly feed an infant per month.

(7) Words such as “humanized,” “maternalized” or similar terms shall not be used.

(8) On the label of, or on any article visible from the outside of the container of, a type of milk that does not meet all the nutritional requirements of infant formula but can be modified for that purpose, there shall be a warning that such product alone should not be the sole source of nutrition for infants and should not be used for feeding infants except under the guidance of a health worker.

(9) On the label of sweetened condensed milk, there shall be a clear and legible warning that this should not be used for feeding infants.

(10) On the label of products other than feeding bottles and teats, the following particulars shall also be mentioned:-

(a) ingredients,
(b) analysis and composition of the product,
(c) storage conditions to be observed,
(d) batch number, storage condition, date of manufacture and date by which the product should be consumed, taking into account the season and climatic conditions.

(11) On the label of feeding bottles and teats, in addition to the name and address of the manufacturer and distributor, it shall be stated that breast milk is the best milk for infants and that feeding from a cup and spoon is safer than bottle feeding.
Mother's Milk Substitutes (Control of Sale and Distribution) Act, 1992

12. Quality: (1) Products, when manufactured, sold or otherwise distributed, shall be of a quality determined or recommended by the Nepal Quality Office.

(2) The Central Food Research Laboratory shall have the authority to test any product sold in Nepal to determine whether it is fit for human consumption.

(3) Products that do not meet the safety standards for use in the country of manufacture shall not be sold in Nepal.

(4) Products that have passed their expiry date shall not be marketed, sold or distributed.

(5) To prevent deterioration, adulteration and contamination, products other than feeding bottles and teats shall be sold only in the original container. 13. Inspection: (1) For the purpose of inspecting and investigating whether manufacturers, distributors, health care bodies and health workers are complying with this Act or the rules made under this Act, and taking necessary action, the Ministry may, on the recommendation of the Committee, appoint a necessary number of inspectors or, with the approval of the concerned body of the Government of Nepal, designate employees to act as inspectors.

(2) An inspector appointed or designated under sub-section (1) shall, as prescribed, inspect and investigate whether manufacturers, distributors, health care bodies and health workers have complied with this Act or the rules made under this Act, and shall submit a report thereof to the Committee. 14. License, Permit or Authorization May Be Suspended or Cancelled: If, from a report submitted by an inspector under sub-section (2) of Section 13, it appears that a manufacturer, distributor, health care body or health worker has not complied with this Act or the rules made under this Act, the Ministry may, on the recommendation of the Committee, write to the concerned body to suspend or cancel the license, permit or authorization obtained from the Government of Nepal or any other body for carrying on their business or profession. 15. Functions and Powers of Inspectors: Except as provided in this Act, the other functions and powers of an inspector shall be as prescribed. 16.
Mother's Milk Substitutes (Control of Sale and Distribution) Act, 1992

15. Functions and Powers of Inspectors: Except as provided in this Act, the other functions and powers of an inspector shall be as prescribed. 16. Penalties: (1) A health worker who violates sub-section (4), (5) or (6) of Section 8 shall be liable to a fine of up to one thousand rupees or imprisonment for up to one month or both.

(2) A manufacturer or distributor who violates sub-section (1), (4), (5), (7), (8), (9), (10) or (11) of Section 9 shall be liable to a fine of up to ten thousand rupees or imprisonment for up to three months or both.

(3) A manufacturer or distributor who violates Section 10 or 11 shall be liable to a fine of up to fifteen thousand rupees or imprisonment for up to four months or both.

(4) A person who violates any other provision of this Act or the rules made under this Act, other than those mentioned in sub-section (1), (2) or (3), shall, depending on the nature of the offence, be liable to a fine of up to two thousand rupees or imprisonment for up to one month or both.

(5) When the court punishes any person for an offence under this section, it may also order the person who committed the offence to pay compensation of between twenty-five thousand rupees and one hundred thousand rupees to the person who suffered loss from such offence or the heir of such person. 17. Liability of Firm or Incorporated Body: If any firm or incorporated body violates this Act or the rules made under this Act, the proprietor or partner of such firm, and in the case of an incorporated body, the chief administrative officer conducting the affairs of such body, shall be liable to the penalty under Section 16. 18. Government to be Plaintiff: The Government of Nepal shall be the plaintiff in cases under this Act. 19. Investigation and Filing of Cases: (1) An inspector shall investigate cases relating to offences punishable under this Act, and after completion of such investigation, shall file the case in the District Court.

(2) While investigating and filing a case under sub-section (1), the inspector may take the opinion of the government attorney. After the case is filed, the government attorney shall conduct the argument and pleading of the case. 20. Power to Make Rules: The Government of Nepal may make necessary rules for the purpose of implementing the objectives of this Act.
Tribhuvan University Act, 1992

Tribhuvan University Act, 2049

Royal Seal and Publication Date
2049.09.22

Amending Acts

1. Income Tax Act, 2048 2048.12.19

Certification and Publication Date
2. Some Nepal Laws Amendment Act, 2063 2063.06.28
3. Act to Amend Some Nepal Acts, 2064 2064.05.09
4. Republic Strengthening and Some Nepal Laws Amendment Act, 2066This Act came into force from Jestha 15, 2065. 2066.10.07
5. Act Made to Amend Some Nepal Acts Relating to Education, 2077 2077.03.11
6. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act No. 46 of the year 2049



An Act Made to Make Provision Relating to Tribhuvan University

Preamble: Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Whereas, to prepare skilled manpower necessary for the overall development of Nepal, to provide quality higher education, to conduct research in various aspects, to preserve and develop national culture and tradition, and in the process of making knowledge and research in the fields of arts, science, technology and vocational areas comprehensive, practical and time-relevant, Added by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.it is desirable to make Tribhuvan University, established in the year 2016, more capable,

Therefore, this Act is enacted by Parliament in the twenty-first year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Tribhuvan University Act, 2049".

(2) This Act shall come into force immediately. 2.
Tribhuvan University Act, 1992

Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Tribhuvan University Act, 2049".

(2) This Act shall come into force immediately. 2. Definition: Unless the subject or context otherwise requires, in this Act,-

(a) "University" means Tribhuvan University.

(b) "Assembly" means the University Assembly pursuant to Section 8.

(c) "Academic Council" means the Academic Council pursuant to Section 11.

(d) "Executive Council" means the Executive Council pursuant to Section 13.

(e) "Service Commission" means the Service Commission pursuant to Section 15.

(f) "Institute of Study" means an Institute of Study pursuant to this Act.

(g) "Faculty" means a Faculty pursuant to this Act.

(h) "Research Centre" means a Research Centre pursuant to this Act.

(i) "Dean" means the head of an Institute of Study or Faculty.

(j) "Executive Director" means the head of a Research Centre.

(k) "Teacher" means a Professor, Associate Professor, Deputy Professor, and Assistant Professor who provides education or is engaged in research work at the University, and said word also denotes instructors at various levels of the University and a person designated as a teacher in the rules made under this Act.

(l) "Department" means a Central Department or Department pursuant to this Act.

(m) "Constituent Campus" (Constituent College) means a constituent campus (constituent college) of the University.

(n) "Affiliated Campus" (Affiliated College) means a campus (affiliated college) affiliated by the University.

(o) "Faculty Board" means a Faculty Board established pursuant to this Act.

(p) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. Chapter-2
Establishment, Functions, Duties and Powers of the University

3. Tribhuvan University to Continue: (1) The Tribhuvan University established prior to the commencement of this Act shall be deemed to have been established under this Act and shall continue.

(2) The central office of the University shall be located in Kathmandu. 4. University to be an Autonomous Institution: (1) The University shall be a self-governing and organized institution with perpetual succession.

(2) The University shall have its own separate seal for all its activities.

(3) The University may, like a person, acquire, possess, sell or otherwise dispose of movable and immovable property.

(4) The University may, like a person, sue and be sued in its own name. 5.
Tribhuvan University Act, 1992

5. Functions, Duties and Powers of the University: The functions, duties and powers of the University shall be as follows:-

(a) To make provision for Institutes of Study, Faculties, Research Centres and Departments to make arrangements for and operate various teaching, training and research as prescribed for the development of higher education, and to supervise and inspect them.

(b) To award certificates as prescribed to students, trainees or researchers who have achieved prescribed higher education from Constituent Campuses (Constituent Colleges) and Affiliated Campuses (Affiliated Colleges), and to confer honorary degrees to distinguished persons.

(c) To grant permission for establishing campuses (colleges) in the private sector and to grant affiliation, and to determine the facilities and assistance to be provided by the University to such affiliated campuses (colleges).

(d) To establish relations with domestic or foreign universities or educational institutions.

(e) To receive financial assistance from domestic or foreign academic, educational or other institutions and individuals, and to exchange educational programs.

(f) To make provision for awarding scholarships, medals and prizes.

(g) To make arrangements for and operate various sports and welfare programs under the University.

(h) To make rules necessary for the University.

(i) To perform other works relating to the University. Chapter-3
Form of Organization of the University, Office Bearers and University Assembly

6. Organization of the University: The organization of the University shall be as follows. Their collective form shall be the form of the University.

(a) University Assembly,
(b) Academic Council,
(c) Executive Council,
(d) Service Commission,
(e) Institutes of Study,
(f) Faculties,
(g) Departments,
(h) Constituent Campuses, (Constituent Colleges)
(i) Affiliated Campuses, (Affiliated Colleges)
(j) Research Centres, and
(k) Other bodies. 7. Office Bearers: The University shall have the following office bearers:-

(a) Chancellor,
(b) Pro-Chancellor,
(c) Vice-Chancellor,
(d) Chairperson, Service Commission,
(e) Rector,
(f) Registrar,
(g) Dean,
(h) Executive Director,
(i) Assistant Dean,
(j) Campus (College) Chief,
(k) Other prescribed office bearers. 8.
Tribhuvan University Act, 1992

7. Office Bearers: The University shall have the following office bearers:-

(a) Chancellor,
(b) Pro-Chancellor,
(c) Vice-Chancellor,
(d) Chairperson, Service Commission,
(e) Rector,
(f) Registrar,
(g) Dean,
(h) Executive Director,
(i) Assistant Dean,
(j) Campus (College) Chief,
(k) Other prescribed office bearers. 8. Formation of University Assembly: (1) There shall be a University Assembly as the supreme body in the University.

(2) The formation of the University Assembly shall be as follows:-

(a) Chancellor - Chairperson
(b) Pro-Chancellor - Vice-Chairperson
(c) Vice-Chancellor - Member
(d) Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
(e) Chancellor of Nepal Academy, Vice-Chancellor of Nepal Academy of Science and Technology, and two from among the Vice-Chancellors of other universities - Member
(f) Rector - Member Secretary
(g) Registrar - Member
(h) Secretary, Ministry of Education, Science and Technology - Member
(i) Secretary, Ministry of Finance - Member
(j) Member, National Planning Commission (looking after education) - Member
(k) One from among former Vice-Chancellors - Member
(l) Deans of Institutes of Study - Member
(m) Deans of Faculties - Member
(n) Executive Directors of Research Centres - Member
(o) Five from among the Heads of Departments - Member
(p) Five teachers elected by the electoral college of the Chairperson and Secretary of the Tribhuvan University Nepal Professor Association Campus Unit on the basis of proportional single transferable vote - Member

Explanation: To be a candidate in the election of members pursuant to this clause, a teacher must have been in the permanent service of the University for at least fifteen years. Added by Some Nepal Laws Amendment Act, 2063. (p1) One representative of the Tribhuvan University Professor Association - Member

Added by Some Nepal Laws Amendment Act, 2063. (p2) One representative of the Nepal Public Campus Association - Member

(q) Two from among the Campus (College) Chiefs of Constituent Campuses (Constituent Colleges) - Member
(r) Two from among the Campus (College) Chiefs of Affiliated Campuses (Affiliated Colleges) - Member
(s) One representative of the Nepal Professor Association - Member
(t) Two from among distinguished scholars or eminent persons - Member
(u) Two from among the Chairpersons of the University Free Student Union - Member
(v) One from among journalists - Member
(w) One representative of the Central Committee of the University Employees Association - Member
(x) Two from among industrialists, businessmen and donors - Member

(3) Nomination of other members of the Assembly, other than elected and ex-officio members, shall be done by the Chancellor on the recommendation of the Executive Council.

(4) The term of office of nominated and elected members shall be three years.
Tribhuvan University Act, 1992

Provided that if a nominated member ceases to hold the position by virtue of which he/she was nominated, he/she shall automatically cease to be a member of the Assembly. 9. Meeting of the Assembly: (1) The meeting of the Assembly shall ordinarily be held twice a year. Provided that a special meeting of the Assembly may be called if necessary.

(2) The meeting of the Assembly shall be chaired by the Chairperson of the Assembly. In the absence of the Chairperson, the meeting of the Assembly shall be chaired by the Vice-Chairperson.

(3) If fifty percent of the total number of members of the Assembly are present, the quorum for the meeting shall be deemed to be complete. Provided that if the meeting is adjourned due to lack of quorum and the meeting is reconvened, the quorum shall be deemed to be complete if one-third of the total number of members of the Assembly are present. Added by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. (3a) The person chairing the meeting of the Assembly shall certify the decision of the meeting.

(4) Other procedures of the meeting of the Assembly shall be as determined by the Assembly itself. 10. Functions, Duties and Powers of the Assembly: The functions, duties and powers of the Assembly shall be as follows:-

(a) To provide guidance to the University.
(b) To determine the policy of the University.
(c) To give necessary directions to any body or office bearer under the University.
(d) To approve the annual budget and program of the University.
(e) To approve the long-term plan of the University.
(f) To pass rules relating to the University.
(g) To form special committees and commissions as required.
(h) To perform other works as prescribed. Chapter-4
Academic Council

11.
Tribhuvan University Act, 1992

Chapter-4
Academic Council

11. Formation of Academic Council: (1) There shall be an Academic Council consisting of the following members to function as the academic body of the University:-

(a) Vice-Chancellor - Chairperson
(b) Rector - Vice-Chairperson
(c) Registrar - Member
(d) Deans of Institutes of Study - Member
(e) Deans of Faculties - Member
(f) Ten from among the Chairpersons of Subject Committees, ensuring representation of at least one from each Faculty and Institute of Study - Member
(g) Two from among the Campus (College) Chiefs of Constituent Campuses (Constituent Colleges) - Member
(h) Two from among the Campus (College) Chiefs of Affiliated Campuses (Affiliated Colleges) - Member
(i) Executive Director of Curriculum Development Centre - Member
(j) Executive Directors of Research Centres - Member
(k) One representative of the Nepal Professor Association - Member
(l) Two from among distinguished scholars - Member
(m) Controller, Examination Control Office, University - Member
(n) Five from among the Heads of Departments - Member
(o) Ten from among the senior teachers of the University - Member

(2) The nomination of members pursuant to clause (f) of sub-section (1) shall be done by the Vice-Chancellor for two years on the recommendation of the Deans of the respective Faculties and Institutes of Study.

(3) The nomination of nominated members other than those pursuant to clause (f) of sub-section (1) shall be done by the Vice-Chancellor for two years on the recommendation of the Executive Council.

(4) The Vice-Chancellor shall designate one of the Deans to act as Secretary of the Academic Council. 12. Functions, Duties and Powers of Academic Council: The functions, duties and powers of the Academic Council shall be as follows:-

(a) To make provision for degrees to be awarded by the University.
(b) To determine the curriculum of subjects for study, research and training under the University.
(c) To prescribe the type of examinations.
(d) To prescribe the eligibility and basis for admission to subjects to be studied, taught and researched at the University.
(e) To advise the Executive Council on academic matters.
(f) To determine policy relating to research.
(g) To approve or give directions for the implementation of recommendations and decisions made by the Faculty Boards of the University.
(h) To perform other works as prescribed. Chapter-5
Executive Council

13.
Tribhuvan University Act, 1992

Chapter-5
Executive Council

13. Formation of Executive Council: (1) There shall be an Executive Council consisting of the following members to function as the executive body of the University:-

(a) Vice-Chancellor - Chairperson
(b) Rector - Member
(c) One from among the Deans of Institutes of Study - Member
(d) One from among the Deans of Faculties - Member
(e) Two from among the teachers of the University - Member
(f) Registrar - Member Secretary

(2) The nomination of members pursuant to clauses (c), (d) and (e) of sub-section (1) shall be done by the Assembly for two years on the recommendation of the Vice-Chancellor. 14. Functions, Duties and Powers of Executive Council: The functions, duties and powers of the Executive Council shall be as follows:-

(a) To implement or cause to implement the decisions of the Assembly.
(b) To prepare the annual program, budget, progress report, audit report, other reports and proposals of the University and present them to the Assembly for approval or ratification.
(c) To operate, protect and supervise the movable and immovable property of the University.
(d) To accept financial and other assistance provided for the University.
(e) To transfer rights over movable and immovable property of the University or to enter into any agreement, contract or lease.
(f) To determine student fees.
(g) To grant affiliation as prescribed to campuses (colleges) to be operated in the private sector and to recommend grants to affiliated campuses (colleges) on the basis of evaluation.
(h) To prepare draft rules and present them to the Assembly for approval, and to implement them after approval from the Assembly.
(i) In the course of implementing the objectives of this Act, to issue orders on matters not covered by the rules to systematize internal work, provided they are not inconsistent with this Act. Provided that such order shall automatically be void if not approved by the subsequent Assembly.

(j) To determine the posts of teachers and employees of the University and to make appointments and promotions on the recommendation of the Service Commission.
(k) To appoint Deans, Executive Directors, Heads of Central Departments and Campus (College) Chiefs.
(l) To perform other works as prescribed. Chapter-6
Service Commission

15.
Tribhuvan University Act, 1992

Chapter-6
Service Commission

15. Service Commission: (1) To recommend for the appointment and promotion of teachers and employees of the University, an impartial and independent Service Commission consisting of the following members shall be formed:-

(a) Person appointed by the Chancellor - Chairperson
(b) Member, Public Service Commission - Member
(c) One from among Professors - Member

(2) For presenting a recommendation for the appointment of the Chairperson and member pursuant to clauses (a) and (c) of sub-section (1), a committee consisting of two members of the Assembly under the chairpersonship of the Pro-Chancellor shall be formed by the Chancellor, and the Chairperson and member shall be appointed by the Chancellor on the recommendation of that committee.

(3) The term of office of the Chairperson and nominated member of the Service Commission shall be three years.

(4) The functions, duties, powers and procedures of the Service Commission shall be as prescribed.

(5) The Service Commission shall base its decisions primarily on academic ability and experience for the appointment and promotion of teachers, and on administrative efficiency and experience for the appointment and promotion of employees.

(6) The functions, duties, powers and remuneration, facilities and other conditions of service of the Chairperson and members of the Service Commission shall be as prescribed. Chapter-7
Office Bearers of the University

16. Chancellor: Amended by Some Nepal Laws Amendment Act, 2063. (1) The Prime Minister shall be the Chancellor of the University.

(2) The Chancellor shall be the head of the University and the Chairperson of the Assembly. In his/her presence, he/she shall occupy the chair at the meeting of the Assembly and at the convocation ceremony of the University.

(3) The Chancellor may inspect and give directions on any subject or matter related to the University. 17. Pro-Chancellor: (1) Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. The Minister or Minister of State for Education, Science and Technology shall be the Pro-Chancellor of the University.

(2) In the absence of the Chancellor, the Pro-Chancellor shall chair the meeting of the Assembly and the convocation ceremony of the University.

(3) The Pro-Chancellor may inspect and give directions to the University as required. 18. Vice-Chancellor: (1) The Vice-Chancellor shall be the chief office bearer working full-time in the University.

(2) For presenting a recommendation for appointment to the post of Vice-Chancellor of the University, a committee consisting of two members of the Assembly under the chairpersonship of the Pro-Chancellor shall be formed by the Chancellor, and the Vice-Chancellor shall be appointed by the Chancellor on the recommendation of that committee.

(3) The term of office of the Vice-Chancellor shall be four years.
Tribhuvan University Act, 1992

His/her remuneration, facilities and other conditions of service shall be as prescribed.

(4) The Vice-Chancellor shall have general control over all activities of the University and may give directions and supervise the activities of the University.

(5) The Vice-Chancellor shall implement or cause to implement the decisions and directions of the Assembly.

(6) In the absence of both the Chancellor and the Pro-Chancellor, the Vice-Chancellor shall chair the Assembly and the convocation ceremony of the University.

(7) Except for the works specified to be performed by any body or authority under this Act or the rules made under this Act, the Vice-Chancellor shall perform other works. The Vice-Chancellor shall immediately inform the Chancellor of such work and shall get it ratified by the subsequent meeting of the Assembly.

(8) Other functions, duties and powers of the Vice-Chancellor shall be as prescribed. 19. Rector: (1) The Chancellor shall appoint the Rector of the University on the recommendation of the Vice-Chancellor.

(2) The Rector shall be an office bearer working full-time in the University.

(3) The term of office of the Rector shall be four years.

(4) In the absence of the Rector, the Vice-Chancellor shall appoint one of the Deans to perform the work of the Rector.

(5) The remuneration, facilities and other conditions of service of the Rector shall be as prescribed.

(6) The Rector shall supervise and coordinate the educational, academic and research activities of the University.

(7) In the absence of the Vice-Chancellor, the Rector shall perform the work of the Vice-Chancellor.

(8) The Rector shall supervise the work of the educational and academic bodies of the University.

(9) The Rector shall formulate plans and programs to enhance the educational and academic quality of the University.

(10) Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. The Rector shall keep a record of the decisions or orders of the Assembly. A copy of such decision or order shall be sent to the Chancellor.

(11) Other functions, duties and powers of the Rector shall be as prescribed. 20.