chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Local Level Election Act, 2017

16. Calculation of Age of Candidate: For the purpose of being a candidate in an election, in calculating the age of the candidate, he/she must have completed the age of twenty-one years by the date of filing the nomination paper. 17. Nomination of Candidate: (1) A person not disqualified pursuant to Section 13 may be nominated as a candidate in an election held under this Act, as prescribed.

(2) While nominating a candidate in an election pursuant to sub-section (1), there shall be one proposer and one seconder as follows:-

(a) For the post of Ward Chairperson and Ward Member of a Rural Municipality or Municipality, a person whose name is registered in the voter list of the concerned ward,

(b) For the post of Chairperson, Vice-Chairperson, Chief and Deputy Chief, a person whose name is registered in the voter list of the concerned Rural Municipality or Municipality,

(c) For the members from women and Dalit or minority communities in the Rural Municipal Executive and Municipal Executive, a member of the concerned Rural Assembly or Municipal Assembly,

(d) For the Chief, Deputy Chief and members of the District Coordination Committee, a member of the concerned District Assembly.

(3) In relation to a candidate fielded by a party, such party must also give an official letter to him/her, and the office bearer of the party authorized to give an official letter pursuant to Section 18 shall also send a copy of such letter to the Election Officer.

(4) While submitting nomination papers pursuant to sub-section (1), the party shall arrange for submitting nomination papers in such a way that fifty percent of the candidates for Chairperson and Vice-Chairperson, Chief and Deputy Chief, and Chief and Deputy Chief of the District Coordination Committee are women. Provided that this sub-section shall not apply if the party fields only one candidate.

(5) While submitting nomination papers for the post of women ward members of the Ward Committee of a Rural Municipality or Municipality pursuant to sub-section (1), the party shall arrange for submitting nomination papers in such a way that there is at least one Dalit woman candidate. Provided that this sub-section shall not apply if the party fields only one woman candidate for the post of ward member.

(6) Where a person is nominated pursuant to sub-section (1), he/she must write his/her consent in the nomination paper and also affix his/her signature.

(7) A person may be nominated by a maximum of two nomination papers for one election. 18.
Local Level Election Act, 2017

18. Provision Relating to Authority to Certify Nomination Paper: (1) The name, surname, designation and specimen signature of the office bearer of the party authorized to provide the official letter of nomination of a candidate on behalf of the party shall be certified by the office bearer of the central executive committee or equivalent committee of such party, or the provincial committee designated by such committee, and shall be made available to the Commission within the period specified by the Commission before the final date for filing nomination papers for the candidate amended by the First Amendment., and the Commission shall send such details to the concerned Election Officer before the date fixed for filing nomination papers.

(2) If a nomination paper is filed without complying with the procedure pursuant to sub-section (1), such candidate shall not be recognized as a candidate of that party. 19. Registration of Nomination Paper: (1) The nomination paper of a candidate shall be submitted to the concerned Election Officer by the candidate himself/herself, or by his/her representative, or by the proposer or seconder.

(2) The concerned Election Officer shall examine whether the nomination paper submitted pursuant to sub-section (1) is in proper form according to this Act or not, and if it is in proper form, register it and give a receipt as prescribed to the person bringing the nomination paper for registration.

(3) If a nomination paper brought for registration has no proposer or seconder, or the proposer or seconder is duplicated, or there is no proof of deposit of the security money as per this Act, or there is no signature or seal of the proposer, seconder or the person intending to be a candidate, or there are other procedural deficiencies, the Election Officer shall have the deficiencies corrected as far as possible and register such nomination paper.
Local Level Election Act, 2017

If the person wishes to register the nomination paper without correcting the deficiencies that need to be corrected, the Election Officer shall note that fact in the nomination paper and give notice thereof to the person registering the nomination paper.

(4) After the time for registration of nomination papers is over, the Election Officer shall publish a list of candidates whose nomination papers have been registered at the date, time and place specified in the notice of the election program.

(5) Any candidate or his/her representative wishing to file a complaint regarding the qualification of any candidate mentioned in the list published pursuant to sub-section (4) may file a complaint with the Election Officer at the date, time and place specified in the notice of the election program.

(6) Other documents to be submitted by the candidate along with the nomination paper shall be as prescribed. 20. Scrutiny of Nomination Paper: (1) For scrutinizing the nomination papers registered pursuant to Section 19, the candidate or his/her proposer, seconder, or one representative authorized by him/her in writing must be present at the date, time and place specified in the notice of the election program.

(2) The Election Officer shall scrutinize the nomination papers of all such candidates in the presence of the persons mentioned in sub-section (1). Provided that this sub-section shall not be deemed to prevent the scrutiny of nomination papers and making decisions in accordance with the law in relation thereto, even if any candidate or his/her proposer, seconder or representative required to be present is not present.

(3) The Election Officer may suspend the proceedings relating to the scrutiny of nomination papers to be done pursuant to this section in the following circumstances:-

(a) if riots or other abnormal situations arise at the place of scrutiny at the time of such scrutiny, or

(b) if circumstances beyond control arise due to natural disaster.

(4) If the proceedings relating to the scrutiny of nomination papers are suspended pursuant to sub-section (3), the Election Officer shall fix a time and place and scrutinize the nomination papers as soon as possible.

(5) Other provisions relating to scrutiny of nomination papers shall be as prescribed. 21.
Local Level Election Act, 2017

21. Circumstances for Invalidating Nomination Paper: The nomination paper of a candidate shall be invalidated in the following circumstances:-

(a) if the candidate does not possess the qualification according to the Constitution and this Act,

(b) if there is no consent of the person intending to be a candidate, or there is no signature or seal of him/her or his/her proposer and seconder, or the signature or seal is forged,

(c) if the nomination paper is not registered within the time specified pursuant to sub-section (2) of Section 5,

(d) if the nomination paper is not filed as written in Sections 17, 18 and 19,

(e) if the security money pursuant to Section 62 is not deposited,

(f) if other procedures under this Act are not complied with. 22. List of Candidates: After completing the scrutiny of nomination papers, the Election Officer shall prepare a list of candidates pursuant to the nomination papers that are in proper form according to the law, as prescribed, and shall publish one copy of such list in his/her office. 23. Withdrawal of Name: (1) If any candidate wishes to withdraw his/her name to have it removed from the list of candidates, he/she may withdraw his/her name by giving written notice to the Election Officer within the time specified pursuant to sub-section (2) of Section 5.

(2) The notice of withdrawal of name pursuant to sub-section (1) shall be submitted by the candidate himself/herself or by his/her representative.

(3) Once the notice of withdrawal of name pursuant to sub-section (1) is submitted to the Election Officer, such notice shall not be voided or withdrawn.

(4) If the Election Officer is satisfied about the notice submitted pursuant to sub-section (1), he/she shall remove the name of the withdrawing candidate from the list of candidates and shall immediately publish a notice of the removal of the name in his/her office.

(5) In relation to a candidate who has filed candidacy on behalf of a party, if the office bearer of such party specified pursuant to sub-section (1) of Section 18 sends a writing to the Election Officer within the time specified pursuant to sub-section (2) of Section 5 for the withdrawal of his/her name, he/she shall not be retained as a candidate. 24.
Local Level Election Act, 2017

24. Final List of Candidates: (1) After the time for withdrawal of names by candidates pursuant to sub-section (2) of Section 5 expires, the Election Officer shall prepare a list of the remaining candidates as prescribed, immediately publish one copy of such list in his/her office, and send one copy thereof to the Commission.

(2) In the list pursuant to sub-section (1), names of candidates shall be written according to the Nepali alphabetical order, and if there are candidates nominated by a party, the name of such party shall also be mentioned in the address written in their nomination papers. 25. Uncontested Election: If, upon publishing the final list of candidates pursuant to Section 24, the number of candidates remaining for any post is equal to or less than the number to be elected, the Election Officer shall declare such candidate as elected unopposed for that post, as prescribed. 26. Election Symbol: (1) The Commission shall determine the election symbols to be distributed to parties and independent candidates for the election to be held under this Act.

(2) The election symbols determined pursuant to sub-section (1) shall be provided to parties and candidates as prescribed.

(3) No one other than the candidate of such party or the party shall be allowed to use the election symbol provided pursuant to sub-section (2).

(4) After the election symbol has been provided to a candidate, such election symbol shall not be changeable if the candidate deserts his/her party or joins another party. If such candidate is elected and the concerned party files a complaint with proof to the Commission, his/her membership shall be annulled.

(5) While distributing election symbols pursuant to this section, the election symbol distributed by the Commission for election purposes shall be provided to the candidate of a party that remains registered with the Commission. If the Commission believes that any mistake has occurred or a difference has arisen while distributing election symbols in this manner, the Commission may change such symbol.

(6) Notwithstanding anything written in sub-section (5), while distributing election symbols pursuant to this section, the election symbol of the concerned party shall only be distributed to a candidate of a party that has obtained recognition as a national party according to the prevailing federal law relating to political parties. While including the election symbols thus distributed in the ballot paper, they shall be included based on the number of votes obtained by such party in the proportional representation electoral system in the immediately preceding election of the House of Representatives.
Local Level Election Act, 2017

27. In Case of Death of Candidate: (1) If a candidate nominated by a party, whose nomination paper has been determined to be in order and who has not withdrawn his/her name, dies before the publication of the final list of candidates pursuant to Section 24, and a written notice of such death is received from the election representative of such candidate, the concerned party, or any other person, and the Election Officer is satisfied of the matter, he/she shall immediately suspend other programs related to such election and inform the Commission thereof.

(2) If a candidate nominated by a party dies after the publication of the final list of candidates pursuant to Section 24, and a written notice of such death is received from the election representative of such candidate, the concerned party, or any other person, and the Election Officer is satisfied of the matter, he/she shall immediately suspend other programs related to such election and inform the Commission thereof.

(3) The notice of suspension of the program pursuant to sub-section (1) or (2) shall be posted by the Election Officer in his/her office for the information of other candidates as well.

(4) After receiving the information pursuant to sub-section (1), the Commission shall determine another program to complete the program relating to nomination of candidates as soon as possible without affecting the voting program of such election, and send it to the Election Officer.

(5) After receiving the information pursuant to sub-section (2), the Commission shall re-determine the date of voting and other programs under this Chapter for the election and send them to the Election Officer.

(6) Where the program has been suspended pursuant to sub-section (1) or (2), a candidate who has previously submitted a nomination paper and has been determined to be in order or whose name was in the final list of candidates shall not have to file a nomination paper again, and only the party whose candidate has died may nominate another candidate.

(7) Notwithstanding anything written elsewhere in this section, if the period for completing the work as per the election program exceeds seven days due to the death of a candidate necessitating the suspension of the election program, another program shall not be published again, and arrangements shall be made to complete the work relating to nomination of candidates in such a way that it does not obstruct the voting work within the time limit of the same program. 28. Identity Card for Candidate: The Election Officer shall provide an identity card as prescribed to candidates remaining in the final list pursuant to this Chapter. Chapter-5
Polling Station, Ballot Paper and Ballot Box

29.
Local Level Election Act, 2017

28. Identity Card for Candidate: The Election Officer shall provide an identity card as prescribed to candidates remaining in the final list pursuant to this Chapter. Chapter-5
Polling Station, Ballot Paper and Ballot Box

29. Polling Station: (1) The Commission shall determine the required number of polling stations and sub-stations for the election.

(2) If the Election Officer deems it necessary to increase or decrease the polling stations or sub-stations pursuant to sub-section (1), he/she may send a written communication to the Commission stating the necessity and justification for such increase or decrease, and if the Commission deems the matter reasonable, it may increase or decrease the polling stations or sub-stations.

(3) If necessary, the Election Officer may, with prior approval of the Commission, move a polling station or sub-station to a convenient or practically suitable location.

(4) A notice of the determination, increase, decrease or relocation of polling stations and sub-stations pursuant to sub-sections (1), (2) and (3) shall be published in the Nepal Gazette.

(5) Within the area of one polling site, there may be one or more polling stations, sub-stations or polling booths as required.

(6) The basis, procedure and other provisions for determining polling stations, sub-stations or polling booths shall be as prescribed. 30. Ballot Paper: (1) For the election, the ballot paper shall be as specified by the Commission.

(2) In the ballot paper pursuant to sub-section (1), there shall be the election symbol assigned for each candidate and a compartment for voting on such symbol.

(3) Other provisions relating to ballot paper shall be as prescribed. 31. Ballot Box: (1) For voting, the ballot box shall be as specified by the Commission.

(2) Other provisions relating to ballot box management shall be as prescribed. Chapter-6
Voting

32. Time of Voting: On the date of voting, the time for voting shall be as specified in the notice pursuant to sub-section (2) of Section 5. 33.
Local Level Election Act, 2017

Chapter-6
Voting

32. Time of Voting: On the date of voting, the time for voting shall be as specified in the notice pursuant to sub-section (2) of Section 5. 33. Voting: (1) A voter whose name is included in the voter list of any ward of a Rural Municipality or Municipality shall be entitled to vote only at the polling station designated for the concerned ward of that same Rural Municipality or Municipality.

(2) A voter must vote at the polling station assigned to him/her according to the voter list.

(3) A voter must vote by marking a vote on the ballot paper designated for the election at the polling station assigned to him/her for voting.

(4) No person other than the voter whose name is registered in the voter list shall vote in the name of such voter.

(5) No voter shall vote more than once for one post or at more than one polling station in the same election. 34. Procedure of Voting: (1) The Presiding Officer shall give a ballot paper to a voter present at the polling station for voting after completing the procedure as prescribed.

(2) Before giving the ballot paper to the voter, the Presiding Officer shall mention the details as prescribed in the voter list and give the ballot paper as determined by the Commission.

(3) The voter must vote by affixing the stamp or mark as prescribed on the ballot paper in a secret manner.

(4) While marking a vote, the voter shall secretly affix the stamp or mark pursuant to sub-section (3) in any one or more compartments designated for marking votes on the ballot paper as determined by the Commission, vote as prescribed, and drop the ballot paper into the ballot box.

(5) Notwithstanding anything written elsewhere in this Act, where electronic devices are used for the purpose of voting, the voter must vote by means of the electronic device as prescribed. 35.
Local Level Election Act, 2017

35. If a Person Comes to Vote by Concealing Identity: (1) If a person comes to obtain a ballot paper to vote in the name of another voter by concealing his/her own identity, a candidate or his/her representative or a voter of the same polling station may object to the Presiding Officer by depositing a security of one hundred rupees, as prescribed.

(2) If an objection is made pursuant to sub-section (1), the Presiding Officer shall inquire into the necessary matter and make a decision immediately, and shall immediately record the objection made and the decision thereon in the decision book as prescribed.

(3) If the objection pursuant to sub-section (1) is determined to be correct, the Presiding Officer shall return the security amount to the concerned person, and if the objection is found to be false, such security amount shall be forfeited.

(4) If the objection pursuant to sub-section (1) is determined to be correct, the Presiding Officer may fine the person coming to vote by concealing identity according to the prevailing federal law relating to election offenses and penalties. 36. Entry into Polling Station: (1) The Presiding Officer shall not allow entry into the polling station to any person other than the following:-

(a) Voters,

(b) A candidate or one election representative or polling representative of his/her,

(c) Observers permitted by the Commission,

(d) Persons permitted by the Commission or the Election Officer or the Presiding Officer,

(e) A child up to a maximum of five years accompanying a female voter,

(f) A member of the same household accompanying a blind or physically disabled voter for assistance.

(2) Notwithstanding anything written in clause (a) of sub-section (1), the Presiding Officer shall not allow entry into the polling station to a person who is carrying any type of weapon or who has consumed intoxicating substances, even if he/she is a voter.

(3) After the voting time expires, no voter other than those who have entered the polling station and are yet to vote shall be allowed to enter or remain in the polling station. 37. Inspection Possible: If any voter remains in the place for marking votes for more than a reasonable time, or if the Presiding Officer has any suspicion, he/she may enter the place for marking votes and conduct an inspection. 38.
Local Level Election Act, 2017

37. Inspection Possible: If any voter remains in the place for marking votes for more than a reasonable time, or if the Presiding Officer has any suspicion, he/she may enter the place for marking votes and conduct an inspection. 38. Disabled Voter: If a voter, due to blindness or physical disability or any other reason, is unable to mark a vote by himself/herself, and requests permission to bring along a member of his/her same household to assist in marking the vote, or requests the Presiding Officer to assist in marking the vote, and the Presiding Officer finds it appropriate, he/she may permit such household member to enter the place for marking votes with the voter, or the Presiding Officer may mark the vote on the voter's ballot paper according to the voter's wish. 39. If Ballot Box, Electronic Device is Damaged or Tampered With: (1) If a ballot box used for voting at a polling station or an electronic device placed for voting is damaged accidentally or is deliberately tampered with and damaged, the Presiding Officer shall immediately report the incident to the concerned Election Officer.

(2) If a ballot box used for voting that has been delivered to the Election Officer is seized in any manner or deliberately tampered with and damaged, or is damaged accidentally, or upon receiving a report pursuant to sub-section (1), the Election Officer shall immediately cancel the voting of such polling station and immediately report it to the Commission.

(3) In a polling station where voting has been cancelled pursuant to sub-section (2), the Election Officer shall fix a date and time for re-voting and immediately publish a notice thereof at such polling station. 40. Voting May be Postponed in Special Circumstances: (1) If, at any polling station, riots or other abnormal situations arise, or electronic devices cannot be operated for any reason, or due to disturbance, natural disaster, or any reason beyond control, the Presiding Officer is satisfied that voting work cannot be carried out, he/she may immediately postpone the voting work at such polling station and publish a notice thereof at the same place.

(5) In the case of a polling station where voting has been canceled under subsection (4) by the Commission, the Election Officer shall determine the place, date, and time for re-polling and publish a notice. 51.
Local Level Election Act, 2017

51. Circumstances for a ballot paper to be invalid: (1) A ballot paper shall be invalid in the following circumstances: -

(a) If it does not bear the signature of the concerned Polling Officer,

(b) If the vote is indicated by a thumbprint, or by a mark or stamp other than a mark or stamp as per subsection (3) of Section 34,

(c) If the voting indication mark is smudged or torn in a manner that makes it illegible,

(d) If the vote is indicated elsewhere without indicating the vote in the box containing the election symbol of the candidate,

(e) If a vote is indicated only on an election symbol for which there is no candidate,

(f) If separate votes are indicated in the boxes containing the election symbols of more candidates than the number to be elected,

(g) If the vote is indicated in such a way that the voting indication mark falls within the box containing the election symbols of more than one candidate,

(h) If it is returned to the Polling Officer without indicating a vote,

(i) If no vote is indicated on the election symbol of any candidate,

(j) If voting is done using a ballot paper other than the ballot paper prescribed by the Commission,

(k) If it is kept outside the ballot box,

(l) A forged ballot paper, or

(m) A ballot paper that the Commission has specified to be invalid.

(2) Notwithstanding anything written in subsection (1), in a situation where multiple candidates are to be elected from a single ballot paper, only the vote for the position for which the vote is invalid shall be invalidated, and the other ballot papers must be counted. 52. Recounting of votes: (1) Before the counting of votes for a polling station is completed or before the counted ballot papers are sealed, any candidate or their election agent or counting agent may submit a written petition immediately to the Election Officer with reasons requesting a recount of some or all of the ballot papers.

(2) Upon receiving a petition under subsection (1), the Election Officer shall immediately register such petition, and if it appears necessary to conduct a recount, may conduct a recount.

(3) If a recount is not necessary under subsection (2), the Election Officer shall make a decision to that effect and shall provide notice of such decision to the candidate, their election agent, or counting agent present at that location before the declaration of the election result. 53.
Local Level Election Act, 2017

53. Decision by lot in case of a tie: If, after the counting of all ballot papers cast in an election for any member is completed, the valid votes received by two or more candidates are equal and the elected candidate cannot be determined, the Election Officer shall decide by drawing lots among the candidates who have received an equal number of votes. The candidate chosen by such a lot shall be deemed to have received one additional vote. 54. Publication of election result: (1) After the completion of the counting of votes for any election, the Election Officer shall prepare a counting table as prescribed and publish the election result as prescribed, and shall immediately send one copy of such result table to the Commission.

(2) When publishing the election result under subsection (1), the Election Officer shall declare the candidate who has received the highest number of valid votes as elected, and shall issue a certificate of election as prescribed.

(3) Notwithstanding anything written in subsection (2), for the following positions, the candidates specified below who receive the highest number of votes shall be declared elected: -

(a) For the position of female ward member of the Ward Committee of a Rural Municipality or Municipality, one candidate who receives the highest number of votes; for the position of Dalit female member, one candidate who receives the highest number of votes among those who have filed candidacy; and for the position of other ward member, two candidates who receive the highest number of votes,

(b) For the position of female member of the Rural Executive, four candidates who receive the highest number of votes,

(c) For the position of member from the Dalit or minority community of the Rural Executive, two candidates who receive the highest number of votes,

(d) For the position of female member of the Municipal Executive, five candidates who receive the highest number of votes,

(e) For the position of member from the Dalit or minority community of the Municipal Executive, three candidates who receive the highest number of votes.

(4) After the publication of the election result, the Election Officer shall prepare a report containing the prescribed details related to the election and send it to the Chief Election Officer, and the Chief Election Officer shall send it to the Commission as soon as possible. 55.
Local Level Election Act, 2017

55. Date of election: In the case of an election held before the expiry of the term of the Village Assembly or Municipal Assembly under subsection (1) of Section 3, the newly elected member shall be deemed to have been elected on the date immediately following the expiry of the term of the members in office at the time of the election. Provided that, in the case of the first election held after the commencement of this Act, the newly elected member shall be deemed to have been elected on the seventh day of the election date specified under subsection (1) of Section 4. Chapter-8
Representative of Candidate

56. Election agent: (1) If any candidate appoints a person as their election agent for the election, written notice thereof must be given to the Election Officer.

(2) The candidate may, at any time, revoke the appointment of the election agent appointed under subsection (1) and appoint another election agent, and notice thereof must be given immediately to the Election Officer.

(3) The qualifications of an election agent shall be as prescribed. 57. Duties of election agent: It shall be the duty of the election agent appointed under Section 56 to perform the work that is mentioned in this Act and the rules made under this Act as tasks to be performed by an election agent. 58. Polling agent and counting agent: (1) The candidate or their election agent may appoint a polling agent for each polling station as prescribed, and written notice thereof must be given to the Polling Officer and the Election Officer.

(2) The candidate or their election agent may appoint a counting agent to be present at the counting site as prescribed, and written notice thereof must be given to the Election Officer.

(3) The candidate or their election agent may, at any time, revoke the appointment of the polling agent or counting agent appointed under subsection (1) or (2) and appoint another polling agent or counting agent.

(4) When another polling agent is appointed under subsection (3), the Polling Officer shall be informed immediately, and when another counting agent is appointed, the Election Officer shall be informed immediately.

(5) The number and qualifications of polling agents and counting agents shall be as prescribed. 59.
Local Level Election Act, 2017

59. Duties of polling agent and counting agent: (1) It shall be the duty of the polling agent appointed under subsection (1) of Section 58 to perform all the work that a polling agent is required to do at the polling station under this Act and the rules made under this Act.

(2) It shall be the duty of the counting agent appointed under subsection (2) of Section 58 to perform all the work that a counting agent is required to do under this Act and the rules made under this Act. 60. If candidate or any representative is absent: If an election agent, polling agent, or counting agent is not appointed under this Act and the rules made under this Act, or if the candidate or any of their representatives is not present in a situation where they are required to be present, or if any of them fails to perform the work they are required to do, the work of voting or counting shall not be halted solely for that reason, and such work shall be deemed to have been done in accordance with the law. Chapter-9
Miscellaneous

61. Provision regarding tendered ballot papers: (1) If it appears from evidence presented that a person has already taken a ballot paper or voted in the name of another voter, and that the person coming later to vote is the actual voter, the Polling Officer shall give such voter a tendered ballot paper. When a tendered ballot paper is given in this manner, after the voter has indicated their vote on such ballot paper, such ballot paper shall not be placed in the ballot box but shall be placed in a separate envelope kept for that purpose.

(2) The procedures for giving, keeping, and other related actions regarding tendered ballot papers under subsection (1) shall be as prescribed.

(3) When counting votes under this Act, the tendered ballot papers kept in a separate envelope under subsection (1) shall not be counted at that time. If an election petition is filed and the court determines that it is necessary for deciding such a petition, the court may order the counting of such tendered ballot papers as well. 62. Requirement to deposit security: (1) To be a candidate in a local level election, the following amounts of security deposit must be submitted: -

(a) Five hundred rupees for ward member,

(b) One thousand rupees for ward chairperson,

(c) One thousand five hundred rupees for Chairperson, Vice-Chairperson, Mayor, and Deputy Mayor.

(2) Notwithstanding anything written in subsection (1), there shall be a fifty percent concession for women, Dalit or minority communities, or economically disadvantaged candidates.
Local Level Election Act, 2017

Explanation: For the purpose of this subsection, "economically disadvantaged person" means a person recommended by the concerned local level as having an annual family income of less than fifty thousand rupees. 63. Forfeiture of security deposit: (1) The security deposit of a candidate who receives less than ten percent of the total valid votes cast in the election shall be forfeited. Provided that this shall not apply to an elected candidate.

(2) Except in the situation where the security deposit is forfeited under subsection (1), the security deposit submitted by other candidates and persons whose nomination papers were not accepted or who withdrew their names must be claimed back by the concerned person within ninety days from the date of declaration of the election result.

(3) If the security deposit is not claimed back within the period under subsection (2), the amount of such deposit shall be credited to the Consolidated Fund. 64. Election campaign expenses: (1) The maximum amount of expenses that a party or candidate may incur in an election shall be as specified by the Commission by publishing a notice in the Nepal Gazette.

(2) The party, candidate, or their election agent shall maintain a record of all expenses incurred during the election period in the prescribed format and as prescribed. Explanation: For the purpose of this subsection, "election period" means the period from the date of registration of the candidate's nomination paper to the date of declaration of the result of such election.

(3) The total expenses incurred by any party or candidate in the election shall not exceed the expense limit specified under subsection (1).

(4) The party, candidate, or their representative shall submit the statement of election expenses under subsection (2) to the office designated by the Commission within thirty days from the date of declaration of the election result. The office receiving such expense statement shall forward it to the Commission.

(5) The Commission may impose a penalty under the prevailing federal law relating to the Election Commission on a party or candidate who fails to submit the statement of election campaign expenses within the prescribed time under this section. 65.
Local Level Election Act, 2017

65. Confidentiality of election-related documents or records: (1) Among the documents used in an election or, if voting was done through electronic devices, such records, after being opened and inspected as necessary for the purpose of counting, shall be sealed after the counting work is completed and kept in the custody of the designated officer.

(2) The counterfoils of ballot papers sealed under subsection (1), the voter list used in voting, and the sealed envelopes, bags, sacks, or records containing valid and invalid ballot papers may only be opened and inspected by a court in the course of a petition filed under prevailing law.

(3) After opening and inspecting under the order of the court under subsection (2), such court shall reseal and keep those documents or records as they were. No authority or body other than the court shall have the right to open and inspect such sealed envelopes, bags, or sacks.

(4) The documents or records mentioned in this section shall be kept safe for three months from the date of the final decision of the case, if a case is filed, and from the date of expiry of the period for filing a petition, if no case is filed. 66. Confidentiality not to be breached: (1) Except when authorized by law, no employee deployed for election-related work, or candidate, election agent, polling agent, counting agent, or any other person shall tell, write, or in any manner disclose or publish the vote indicated by a voter on a ballot paper, or any other matter known to them or that has come to their knowledge in that connection, to anyone.

(2) Notwithstanding anything written in this Act or any other prevailing law, in any legal proceedings conducted under this Act, no witness or person shall be questioned as to whom they voted for in the election or who voted for whom. 67. Power to issue orders and give directions: (1) In addition to the matters written in this Act and the rules made under this Act, the Commission may, subject to this Act and the rules made under this Act, issue necessary orders regarding elections, and such orders must be published in the Nepal Gazette.

(2) The Commission may give necessary directions to employees deployed for election work for the conduct of elections.

(3) It shall be the duty of the Government of Nepal, Provincial Government, Local Level, government offices and bodies, government, semi-government, and non-government organizations and bodies, parties, candidates, their representatives, persons engaged in the publicity of election-related activities, and employees deployed for election work, among others, to comply with the orders and directions issued by the Commission under this section. 68.
Language Commission Act, 2017

Language Commission Act, 2074

Certification Date
2074.6.30

Act No. 40 of the year 2074

An Act Made to Provide for Matters Relating to the Language Commission

Preamble: Whereas, it is desirable to make legal provisions regarding the functions, duties, powers and procedures of the Language Commission,

Now, therefore, the Legislature-Parliament has enacted this Act 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 "Language Commission Act, 2074".

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

(a) "Chairperson" means the Chairperson of the Commission.

(b) "Commission" means the Language Commission constituted pursuant to Article 287 of the Constitution.

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

(d) "Member" means a member of the Commission and such term shall also mean the Chairperson.

(e) "Constitution" means the Constitution of Nepal. Chapter-2

Functions, Duties, Powers and Procedures of the Commission

3. Functions, Duties and Powers of the Commission: In addition to the functions, duties and powers mentioned in Sub-article (6) of Article 287 of the Constitution, the other functions, duties and powers of the Commission shall be as follows:-

(a) To identify the mother languages spoken in Nepal,

(b) To recommend to the Nepal Government on the policy or institutional measures to be adopted by the Nepal Government, Provincial Government or Local Level Government for the protection, promotion and development of mother languages spoken in Nepal,

(c) To formulate necessary programs for the protection, promotion and development of mother languages and scripts spoken in Nepal and recommend to the concerned bodies to implement or cause to implement them,

(d) To study, research and publish mother languages spoken in Nepal and their history,

(e) To publish books of such language for the protection, promotion and development of mother languages and scripts of various communities and recommend to the concerned bodies to publish such books,

(f) To study and research to make the use of mother languages spoken in Nepal technology-friendly and recommend to the concerned bodies to adopt appropriate measures,

(g) To prepare a list of linguists of national languages. 4. May Obtain Advice and Consultation: The Commission may consult or obtain advice from other constitutional bodies, government offices or public institutions in relation to its work and proceedings. 5.
Language Commission Act, 2017

4. May Obtain Advice and Consultation: The Commission may consult or obtain advice from other constitutional bodies, government offices or public institutions in relation to its work and proceedings. 5. May Obtain Services of Experts: If any work to be performed pursuant to this Act and prevailing federal law cannot be accomplished from the manpower working in the Commission, the Commission may, stating the reason thereof, obtain the services of experts in accordance with the prevailing federal law. 6. May Form Committee or Task Force: (1) For the purpose of performing any work of a special nature relating to the Commission, the Commission may, by prescribing procedures, form any committee or task force.

(2) The working conditions or terms of reference of the committee or task force formed pursuant to Sub-section (1) shall be as determined by the Commission at the time of forming such committee or task force. 7. May Coordinate and Cooperate: The Commission may, as required, carry out necessary coordination and cooperation with government bodies or public institutions. Chapter-3

Functions, Duties, Powers, Remuneration and Facilities of Chairperson and Members

8. Functions, Duties and Powers of Chairperson: (1) The Chairperson shall be the chief officer of the Commission. All work and proceedings of the Commission shall be conducted under the general direction and supervision of the Chairperson.

(2) In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Chairperson shall be as follows:-

(a) To coordinate the work and proceedings of the Commission,

(b) To perform a leadership role in the work to be accomplished by the Commission,

(c) To carry out general oversight and supervision of the financial administration, human resource management and office management of the Commission,

(d) To perform or cause to perform other works as prescribed. 9. Remuneration and Facilities: (1) The remuneration and other facilities of the Chairperson and Members shall be as prescribed by the Nepal Government.

(2) The remuneration prescribed pursuant to Sub-section (1) shall not be changed to the detriment of the Chairperson and Member as long as they hold office.

(3) If a person receiving pension from the Nepal Government is appointed to the post of Chairperson or Member, such person shall, while holding such office, be entitled to receive only one of either the pension or the remuneration of the current post. Chapter-4

Conduct of Business of the Commission

10. Office of the Commission: For the conduct of business of the Commission, there shall be an office of the Commission in the Kathmandu Valley. 11.
Language Commission Act, 2017

Chapter-4

Conduct of Business of the Commission

10. Office of the Commission: For the conduct of business of the Commission, there shall be an office of the Commission in the Kathmandu Valley. 11. Meeting of the Commission: (1) The work to be done by the Commission pursuant to this Act shall be done in accordance with the decision of the meeting of the Commission.

(2) The meeting of the Commission shall be held on such date, time and place as specified by the Chairperson as required.

(3) The Secretary of the Commission shall send a notice specifying the date, time and place of the meeting of the Commission along with the agenda to be discussed in the meeting to all members generally at least forty-eight hours before the time of the meeting.

(4) If any member wishes to discuss any subject other than the subjects mentioned in the agenda to be discussed in the meeting pursuant to Sub-section (3), such member shall give a notice stating such subject and the reason therefor to the Secretary of the Commission at least twenty-four hours before the meeting. Upon receipt of such notice, the Secretary of the Commission shall inform all members thereof, and such subject shall be deemed to have been included in the agenda of the meeting of the Commission.

(5) Notwithstanding anything contained in Sub-sections (3) and (4), with the consent of all members present in the meeting of the Commission, discussion may be held and decisions may be made on subjects not included in the agenda.

(6) If more than fifty percent of the members currently holding office in the Commission are present, the quorum for the meeting of the Commission shall be deemed to be constituted.

(7) The meeting of the Commission shall be chaired by the Chairperson.

(8) The decision of the Commission shall be made by a majority of votes, and in case of a tie, the Chairperson shall exercise the casting vote.

(9) The record of the decision of the Commission shall be prepared by the Secretary of the Commission and kept signed by the Chairperson and Members.

(10) The most senior employee of the Commission shall act as the Secretary in the meeting of the Commission.

(11) Other procedures relating to the meeting of the Commission shall be as determined by the Commission. 12.
Language Commission Act, 2017

12. Not to Participate in Decision-Making Process in Case of Conflict of Interest: If any member of the Commission has an interest, concern or stake in any matter under consideration in the Commission, or if a close relative of such member is directly affected thereby, such member shall give prior information of such matter to the Commission and shall not participate in the decision-making process of the Commission on such matter. 13. Division of Work: The division of work of the Chairperson and Members shall be as specified by the Commission. 14. Acting to Perform Functions: If for any reason the post of Chairperson falls vacant, or such person is suspended, or goes on a foreign visit, or remains on leave for more than seven days, the most senior member of the Commission shall act as the acting Chairperson of the Commission. 15. No Bar to the Work and Proceedings of the Commission: The work and proceedings of the Commission shall not be barred merely by reason of the vacancy of any member. Chapter-5

Miscellaneous

16. Organizational Structure and Employees of the Commission: (1) The organizational structure and staff strength of the Commission shall be as approved by the Nepal Government.

(2) The employees required for the conduct of business of the Commission shall be provided by the Nepal Government. 17. Oath: A member appointed after the commencement of this Act shall take an oath before the Chief Justice in accordance with the Schedule. 18. To Observe Official Dignity: The Chairperson and Members shall observe the official conduct in accordance with the prevailing law and the official dignity as follows:-

(a) To perform their official duties independently, impartially and honestly,

(b) Not to do any act that may disturb the relations among various castes, communities and religions. 19. To Provide Assistance in Work and Proceedings: If the Commission requests any body or office holder for assistance in the course of performing its functions, it shall be the duty of such body or office holder to provide such assistance. 20. May Send Letter for Assistance: If any body or office holder does not provide necessary assistance to the Commission, the Commission may send a letter for assistance to the body or officer under which such body or officer is subordinated. 21.