chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Poverty Alleviation Fund Act, 2006

Establishment of the Fund: (1) A Fund shall be established in the name of the "Poverty Alleviation Fund".

(2) The central office of the Fund shall be located in the Kathmandu Valley, and the Fund may open its offices at any place within the State of Nepal as necessary. 4. Fund to be an Autonomous Body: (1) The Fund shall be an autonomous and corporate body with perpetual succession.

(2) The Fund shall have a separate seal for its business.

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

(4) The Fund may, like a person, institute and defend suits and legal proceedings in its own name. 5. Objectives of the Fund: The objectives of the Fund shall be as follows:-

(a) To enhance the capacity of poor individuals, families, or communities by ensuring their access to and enabling them to utilize necessary services and facilities, and by actively engaging them in the decision-making process of local development funds so they can exercise their rights, interests, and entitlements, thereby raising their economic and social status through the medium of social mobilization.

(b) To identify economically and socially backward individuals, families, or communities living below the poverty line, and to conduct economic, social, and physical infrastructure programs to uplift their economic and social status and enhance their capacity.

(c) To assist in raising the economic and social status of poor individuals, families, or groups by identifying the causes of poverty at the local level and utilizing local skills, resources, and knowledge through the medium of social mobilization.

(d) To establish and facilitate coordination among partner organizations.

(e) To provide financial and technical support for mobilizing resources related to poverty alleviation and for institutional development related thereto. 6. Programs to be Conducted from the Fund: To achieve the objectives of the Fund, the following types of programs shall primarily be conducted according to local demand:-

(a) Income generation, skill development, employment creation and enhancement, and production increase programs such as agriculture, animal and bird rearing, sewing and knitting, cottage and small industries based on local resources and raw materials.

(b) Programs related to basic health, literacy, technical education, youth employment training, small irrigation, small bridges, suspension bridges, drinking water, sanitation, rural roads, rural energy, and environment as complementary programs as necessary to support poverty alleviation work.

(c) Programs for the construction of small development infrastructures identified by the community.

(d) Programs such as training, workshops, observation tours, etc., for the capacity building of individuals, families, community organizations, and employees involved in such programs through social mobilization, by developing a working methodology for the smooth operation of poverty alleviation programs through partner organizations. 7.
Poverty Alleviation Fund Act, 2006

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

(a) To approve policies, plans, and programs relating to the operation and management of the Fund.

(b) To approve annual and periodic programs and budgets of the Fund and to arrange or cause to arrange necessary funds thereof.

(c) To prepare poverty alleviation programs and mobilize partner organizations to conduct such programs.

(d) To prepare the basis and procedures for providing grants or assistance for conducting poverty alleviation programs and to provide grants and assistance accordingly.

(e) To prepare bases and indicators for measuring poverty in specific places, areas, persons, families, or communities, and to conduct and review the progress of poverty alleviation programs accordingly.

(f) To conduct or cause to conduct regular monitoring and evaluation of programs relating to poverty alleviation conducted with grants and assistance from the Fund.

(g) To approve plans and programs submitted to the Fund.

(h) To cause the annual audit of the Fund.

(i) To submit an annual report of the activities performed by the Fund throughout the year to the Government of Nepal.

(j) To approve the organizational structure of the Fund and create necessary posts accordingly.

(k) To perform other necessary functions to achieve the objectives of the Fund. Chapter-3
Sources, Mobilization, and Management of the Fund

8. Fund may Raise Financial Resources: (1) The Fund may raise necessary financial resources, including assistance and grants, from the Government of Nepal, governmental and non-governmental organizations, foreign governments or institutions, international organizations or agencies, or individuals for conducting programs in line with its objectives. Provided that, before taking financial resources from a foreign government or institution, international organization or agency, or foreign individual, the Fund shall obtain the approval of the Government of Nepal.

(2) The amount of grant received from the Government of Nepal in the Fund pursuant to sub-section (1) and the amount of assistance or grant received from a foreign government or institution, international organization or agency, or foreign individual shall be included in the budget of the Government of Nepal and made available to the Fund in the form of a grant. 9. Mobilization of Partner Organizations: The Fund may select partner organizations for conducting poverty alleviation programs and mobilize them by providing grants or assistance as prescribed. 10.
Poverty Alleviation Fund Act, 2006

9. Mobilization of Partner Organizations: The Fund may select partner organizations for conducting poverty alleviation programs and mobilize them by providing grants or assistance as prescribed. 10. Mobilization of Community Organizations: (1) The Fund may, as necessary, mobilize community organizations that meet the criteria determined by the Fund and are based in the community to conduct poverty alleviation programs, for conducting necessary programs for achieving the objectives under this Act.

(2) An organization desiring to be mobilized pursuant to sub-section (1) shall register with the Fund as prescribed.

(3) The Fund may provide grants or assistance as prescribed to a community organization for conducting poverty alleviation programs pursuant to sub-section (1). Chapter-4
Constitution and Powers, Duties and Functions of the Governing Committee

11. Constitution of Governing Committee: (1) For the purpose of achieving the objectives of the Fund, a Governing Committee shall be constituted to conduct, oversee, and manage all activities to be performed by the Fund in accordance with this Act and the rules framed under this Act.

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

(a) The Prime Minister - Chairperson
(b) A person nominated by the Government of Nepal pursuant to the procedure under Section 12, from among persons who have obtained at least a Master's degree and have made a distinguished contribution at the national level in the field of poverty alleviation with at least seven years of experience, or a former Vice-Chairperson or member of the National Planning Commission - Vice-Chairperson
(c) Secretary, National Planning Commission Secretariat - Member
(d) Deleted by Some Nepal Acts Amendment Act, 2072.
(e) Deleted by Some Nepal Acts Amendment Act, 2072.
(f) Deleted by Some Nepal Acts Amendment Act, 2072.
(g) Deleted by Some Nepal Acts Amendment Act, 2072.
(h) Five persons nominated by the Government of Nepal, including at least one woman, from among persons who have made a special contribution in the field of poverty alleviation and have earned repute in national life, and persons from groups and regions that have not been adequately represented in national life - Members

(3) While nominating members pursuant to clause (h) of sub-section (2), the Government of Nepal shall do so from among persons who have obtained a Master's degree and have contributed at least seven years in the field of poverty alleviation.

(4) The term of office of the members nominated pursuant to clauses (b) and (h) of sub-section (2) shall be four years.
Poverty Alleviation Fund Act, 2006

They may be re-nominated.

(5) While nominating members pursuant to clauses (b) and (h) of sub-section (2), the Government of Nepal shall do so from among non-political and professional persons.

(6) The Committee may, if it deems necessary, invite persons involved in poverty alleviation work and experts on relevant subjects to participate as observers in the meeting of the Committee.

(7) To make the poverty alleviation program more effective by coordinating the mobilization program of external resources and means, the Committee may, if it deems necessary, constitute an Advisory Committee comprising representatives of concerned institutions.

(8) The Executive Director of the Poverty Alleviation Fund shall be the Secretary of the Committee. 12. Selection Committee: (1) For the purpose of recommending to the Government of Nepal for the nomination of the Vice-Chairperson pursuant to clause (b) of sub-section (2) of Section 11, there shall be a Selection Committee as follows:-

(a) Vice-Chairperson, National Planning Commission - Coordinator
(b) A person designated by the Government of Nepal from among experts related to the field of poverty alleviation - Member
(c) Chief Secretary, Government of Nepal - Member

(2) The Selection Committee pursuant to sub-section (1) shall recommend three names to the Government of Nepal for the nomination of the Vice-Chairperson.

(3) The Government of Nepal shall nominate one of the three persons recommended by the Selection Committee pursuant to sub-section (2) as the Vice-Chairperson.

(4) The Selection Committee may determine its own procedures for conducting meetings and the process to be adopted while selecting names for recommendation for the nomination of the Vice-Chairperson. 13. Meeting and Decision of the Committee: (1) A meeting of the Committee shall be held at the date, time, and place specified by the Chairperson, at least six times in a year. Provided that the interval between two meetings shall not exceed two months.

(2) The Secretary of the Committee shall provide the notice of the meeting along with the agenda for discussion to the members at least seven days before the date of the meeting.

(3) The meeting of the Committee shall be presided over by the Chairperson, and in his/her absence, by the Vice-Chairperson.

(4) If more than fifty percent of the total number of members are present, it shall be deemed to constitute a quorum for a meeting of the Committee.
Poverty Alleviation Fund Act, 2006

Provided that for a meeting held for discussion on matters relating to the long-term and short-term plans, annual program and budget of the Fund, the presence of at least seventy-five percent of the members shall be required.

(5) The opinion of the majority shall prevail in a meeting of the Committee, and in case of a tie, the person presiding over the meeting shall have a casting vote.

(6) The decisions made by the Committee shall be certified by the Secretary of the Committee.

(7) Other procedures relating to the meetings of the Committee shall be as determined by the Committee itself. 14. Cessation of Membership: (1) In any of the following circumstances, the position of a member nominated pursuant to clauses (b) and (h) of sub-section (2) of Section 11 shall be deemed vacant:-

(a) Upon death,
(b) Upon expiry of the term of office,
(c) Upon resignation from the position,
(d) If absent from three consecutive meetings of the Committee without any notice,
(e) If a proposal submitted by any member of the Committee that it is necessary to remove the member from the position for acting contrary to the objectives of this Act, being inactive in or not cooperating with the work of the Fund, doing any act causing loss or damage to the Fund, or acting contrary to the policies or directives of the Fund or the Committee is passed by more than fifty percent of the total number of members of the Committee.

(2) For the purpose of clause (e) of sub-section (1), the procedures for submitting a proposal, discussing the proposal, and voting on the proposal shall be as prescribed by the Committee. 15. Proceedings Not to be Invalid: No proceedings of the Committee shall be invalid merely by reason of any defect in the constitution of the Committee or any vacancy in the position of any member. 16. May Constitute Sub-committee: (1) The Committee may constitute a sub-committee as necessary to conduct its functions.

(2) The powers, duties, functions, terms of reference, and procedures of the sub-committee constituted pursuant to sub-section (1) shall be as prescribed by the Committee. 17. Powers, Duties and Functions of the Chairperson: The powers, duties, and functions of the Chairperson shall be as follows:-

(a) To give necessary directives to the Vice-Chairperson for the effective operation of the programs of the Fund,
(b) To perform or cause to perform other necessary work for the effective operation of the Fund. 18.
Poverty Alleviation Fund Act, 2006

18. Powers, Duties and Functions of the Vice-Chairperson: (1) The Vice-Chairperson shall be the executive chief of the Fund and shall conduct the affairs of the Fund under the direction of the Chairperson.

(2) In addition to what is written in sub-section (1), other powers, duties, and functions of the Vice-Chairperson shall be as follows:-

(a) To give directives to the Executive Director regarding the smooth operation of the daily work of the Fund,
(b) To conduct or cause to conduct monitoring, evaluation, and inspection of programs operated by the Fund,
(c) To cause the annual report of the Fund to be prepared on time,
(d) To perform or cause to perform other functions as prescribed for achieving the objectives of the Fund. Chapter-5
Provisions Relating to Executive Director and Employees

19. Executive Director: (1) The Committee shall appoint one Executive Director on the basis of open competition from among persons who have obtained a Master's degree in Economics, Management, or Sociology and have at least seven years of experience in the field of economic development or poverty alleviation, for conducting the daily work of the Fund.

(2) Notwithstanding anything written in sub-section (1), until the post of Executive Director is filled, the Committee may appoint any person who fulfills the qualifications under sub-section (1) to the post of Executive Director for a maximum period of six months.

(3) The term of office of the Executive Director shall be five years.

(4) The remuneration, terms of service, and facilities of the Executive Director shall be as prescribed.

(5) Notwithstanding anything written in sub-section (3), the Committee may remove the Executive Director from his/her position, following the prescribed procedure, if the Executive Director performs any act causing loss or damage to the Fund, or if an accusation of corruption is proven against him/her, or if he/she acts contrary to the policies or directives of the Committee. 20.
Poverty Alleviation Fund Act, 2006

20. Powers, Duties and Functions of the Executive Director: (1) The powers, duties, and functions of the Executive Director shall be as follows:-

(a) To implement or cause to implement the decisions of the Committee,
(b) To prepare long-term and short-term plans, annual programs, and budgets of the Fund and submit them to the Committee for approval,
(c) To implement or cause to implement the plans and programs approved by the Committee,
(d) To supervise and inspect the daily work of the Fund and perform necessary tasks according to the objectives of the Fund,
(e) To inspect the poverty alleviation programs implemented with grants and assistance from the Fund and submit progress reports thereof to the Committee,
(f) To prepare annual and periodic reports of the programs conducted by the Fund and submit them to the Committee,
(g) To mobilize internal and external resources to raise necessary funds for the Fund.

(2) In addition to what is written in sub-section (1), other powers, duties, and functions of the Executive Director shall be as prescribed. 21. Provisions Relating to Employees: (1) For the smooth operation of the work of the Fund, there shall be a necessary number of employees in the Fund.

(2) Employees of the Fund shall be appointed on a contract basis as prescribed.

(3) The remuneration, facilities, and terms of service of the employees of the Fund shall be as prescribed. Chapter-6
Fund and Audit

22. Fund: (1) The Fund shall have its own separate fund, which shall consist of the following amounts:-

(a) Grant received from the Government of Nepal,
(b) Assistance or grant received from foreign governments, national or international associations, organizations, or individuals,
(c) Amount earned from the movable and immovable property of the Fund,
(d) Amount received from any other sources.

(2) All amounts received by the Fund pursuant to sub-section (1) shall be deposited by opening an account in the Nepal Rastra Bank or any commercial bank located within the State of Nepal.

(3) All expenditures incurred on behalf of the Fund shall be borne from the amount deposited in the Fund pursuant to sub-section (1). Provided that the operating expenses of the Fund shall not exceed seven percent of the amount allocated for plans and programs up to Rupees fifty crore, or, for amounts exceeding fifty crore up to one hundred crore, three crore fifty lakh rupees or five percent, whichever is higher, and for amounts exceeding one hundred crore, five crore rupees or four percent, whichever is higher.

(4) The operation of the account of the Fund shall be as prescribed. 23.
Poverty Alleviation Fund Act, 2006

23. Accounts and Audit: (1) The accounts of income and expenditure of the Fund shall be maintained as prescribed.

(2) The Fund shall cause an internal audit of the Fund to be conducted by a Chartered Accountant registered under the Nepal Chartered Accountants Act, 2043 (1987).

(3) The annual audit of the income and expenditure of the Fund shall be conducted by the Office of the Auditor General in accordance with the prevailing law.

(4) The Government of Nepal may, at any time it so desires, inspect or cause to inspect the annual accounts of the Fund. Chapter-7
Miscellaneous

24. Not to Participate: A Member, Executive Director, or any employee shall not participate in any decision-making process of the Fund relating to any subject matter in which he/she has a personal interest. 25. Oath of Office: A Member, Executive Director, and Employee shall take an oath of confidentiality and honesty as prescribed before assuming their official responsibilities. 26. Annual Report: (1) The Executive Director shall submit an annual report of the activities of the Fund to the Committee within six months from the date of expiry of each fiscal year. The Executive Director shall submit one copy of the report approved by the Committee to the Government of Nepal.

(2) The report pursuant to sub-section (1) shall contain, in addition to other matters, the programs conducted by the Fund throughout the year, the cost incurred in conducting the programs, the operating expenses of the Fund, the achievements made from the programs, and improvements to be made in the future.

(3) The Executive Director shall publicly publish the annual report of the Fund as mentioned in sub-section (2) each year with the approval of the Committee. 27. Meeting Allowance: The Members shall receive a meeting allowance as prescribed for participating in the meetings of the Committee. 28. May Give Orders or Directives: The Government of Nepal may, after making necessary inspection of the activities performed by the Fund or whenever it deems necessary, give necessary orders or directives to the Fund to perform activities in line with the objectives of the Fund. It shall be the duty of the Fund to comply with the orders or directives so given by the Government of Nepal. 29.
Poverty Alleviation Fund Act, 2006

It shall be the duty of the Fund to comply with the orders or directives so given by the Government of Nepal. 29. Coordination and Monitoring of Poverty Alleviation Programs: (1) While conducting or causing to conduct poverty alleviation programs pursuant to this Act, the Fund shall conduct such programs in coordination with the Amended by Some Nepal Acts Amendment Act, 2072.local levels constituted under the Local Self-Governance Act, 2054 (1998).

(2) The poverty alleviation programs conducted pursuant to sub-section (1) may be monitored by the Fund itself and by the concerned Amended by Some Nepal Acts Amendment Act, 2072.local level. 30. Delegation of Powers: (1) The Committee may, as necessary, delegate some of the powers conferred to it under this Act to any Member, a sub-committee constituted under Section 16, or the Executive Director.

(2) The Chairperson may, as necessary, confer some of the powers conferred to him/her under this Act to the Vice-Chairperson.

(3) The Executive Director may, as necessary, delegate some of the powers conferred to him/her under this Act to any authorized employee of the Fund. 31. Transfer of Assets and Liabilities: Upon dissolution of the Fund, all assets and liabilities under the custody of the Fund shall vest in the Government of Nepal. 32. Contact with Government of Nepal: The Fund shall maintain contact with the Government of Nepal through the Office of the Prime Minister and Council of Ministers. Provided that, for matters of daily administration relating to the Fund, the Fund may contact the concerned agency directly. 33. May Make Rules and Regulations: (1) For the purpose of implementing the objectives of this Act, the Fund may make necessary rules, and such rules shall become effective after approval from the Government of Nepal.

(2) Subject to the rules made pursuant to sub-section (1), the Fund may make necessary regulations for the smooth operation or cause of operation of its activities. 34.
Crime Victim Protection Act, 2018

3. Persons Not Considered Victims: (1) Notwithstanding anything elsewhere written in this Act, if a person suffers loss or dies in the following circumstances, the person who has suffered such loss or died or a member of his/her family shall not be considered a victim for the purpose of this Act:-

(a) While performing any act in the course of defending the body, life, property or existence of oneself or another under private defense in accordance with the prevailing law,
(b) While a security personnel deployed or stationed under the order of an authorized official performs any act in accordance with the prevailing law in the course of performing his/her duty,
(c) While an investigation officer authorized to investigate in accordance with the prevailing law performs any act within his/her jurisdiction in the course of investigation,
(d) Any act done in circumstances where criminal liability does not have to be borne in accordance with the prevailing law,

Provided that, even if the perpetrator does not have to bear criminal liability as a result of the perpetrator's age, mental illness, diplomatic immunity or immunity on positional grounds, for the purpose of this Act, such person shall be deemed to have committed an offence and the person concerned shall be considered a victim due to the offence.

(2) Notwithstanding anything written in sub-section (1), nothing written in this Act shall prevent the Government of Nepal from providing relief to a person who has suffered loss or died from the circumstances written in that sub-section. Chapter-2

Rights and Duties of Victims in Criminal Judicial Process

4. Right to Receive Fair Treatment: A victim shall have the right to receive courteous, dignified, fair and respectful treatment in the criminal judicial process. 5. Right Against Discrimination: In the criminal judicial process, the victim shall not be discriminated against on grounds of religion, color, gender, caste, ethnicity, sexuality, origin, language, marital status, family status, age, physical or mental illness, disability or ideological belief or any other similar grounds. Provided that, if the special needs of a minor, senior citizen or physically or mentally incapacitated victim need to be considered in the course of the criminal judicial process, special treatment towards such victim shall not be deemed to be prohibited as far as possible. 6.
Crime Victim Protection Act, 2018

Provided that, if the special needs of a minor, senior citizen or physically or mentally incapacitated victim need to be considered in the course of the criminal judicial process, special treatment towards such victim shall not be deemed to be prohibited as far as possible. 6. Right to Privacy: (1) A victim shall have the right to privacy in the course of investigation, inquiry, prosecution and court proceedings of the following offences:-

(a) Rape,
(b) Incest,
(c) Human trafficking,
(d) Sexual abuse,
(e) Other criminal offences specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(2) In the case of an offence under sub-section (1), no one shall disclose the identity of the victim in any form.

(3) If the victim so wishes, in the course of investigation, inquiry and court proceedings of offences under sub-section (1), if any document has to be executed, statement taken or testimony given with the victim, it shall be done as follows:-

(a) By presenting the victim without disclosing his/her identity,
(b) By allowing the victim to change his/her actual voice,
(c) By using audio-visual communication technology in a manner that the accused cannot see or hear,
(d) By making arrangements such that the accused cannot see or hear, or can only hear. 7.
Crime Victim Protection Act, 2018

7. Right to Information Regarding Investigation: (1) If requested by the victim, the concerned investigating officer or body shall provide information to him/her as soon as possible on the following matters:-

(a) Medical, psychological, psychiatric, social, legal or any other service or counseling that the victim is entitled to receive under this Act or the prevailing law,
(b) Name and full address of the prosecuting body,
(c) Name, office and telephone number of the investigating officer,
(d) Progress report of the investigation and inquiry,
(e) Name, age, address and description of the suspect,
(f) Details of the arrest of the suspect, if arrested,
(g) Statements made by the suspect or any other person before the investigating officer regarding the offence,
(h) Details of the suspect's escape from the custody of the investigating officer or re-arrest, if any,
(i) Details of releasing a person in custody or arrested in the course of investigation from custody in accordance with the prevailing law if the investigating officer deems it unnecessary to keep such person in custody,
(j) General information regarding the procedures of investigation and inquiry to be conducted in accordance with the prevailing law concerning the offence.

(2) Notwithstanding anything written in clauses (d), (e), (f), (g) and (h) of sub-section (1), if providing such information to the victim is likely to adversely affect the investigation of that offence or may endanger the life, body or property of the suspect or persons associated with him/her, the investigating body shall not be obliged to provide such information to the victim, and information stating the reason why such information cannot be provided shall be given to the victim. 8.
Crime Victim Protection Act, 2018

8. Right to Information Regarding Prosecution: The prosecuting body or official shall, if requested by the victim, provide the following information as soon as possible regarding the offence:-

(a) If a decision has been made not to prosecute, the basis and reason for the decision not to prosecute,
(b) If a decision has been made to prosecute a person and a decision not to prosecute has been made in respect of any person, the name, surname, address of the person against whom the decision not to prosecute was made and the basis and reason for the decision not to prosecute,
(c) A certified copy of the charge sheet, if a decision has been made to prosecute,
(d) General information regarding the court proceedings to be conducted in accordance with the prevailing law,
(e) Details of any additional claims made in accordance with the prevailing law regarding persons prosecuted and persons not immediately prosecuted, and the order made by the presiding officer in that regard,
(f) Information regarding the role the victim has to play as a witness, if the victim is also a witness to the offence,
(g) Details of an accused who was absconding at the time of filing the charge sheet being arrested under the order of the presiding officer or appearing voluntarily,
(h) Details if the Government of Nepal has decided to withdraw a case filed in court regarding the offence. 9.
Crime Victim Protection Act, 2018

10. Right to Safety: The victim shall have the right to be safe from attack, harm, fear, terror or threat likely to be caused to the victim or close relative of the victim or person dependent on the victim by the suspect, accused, offender or person associated with them or witnesses of the accused. 11. Right to Express Opinion: (1) The victim shall be entitled to express his/her opinion before the concerned authority on the following matters:-

(a) When bringing charges against a suspect in the relevant offence,
(b) If a decision not to prosecute has to be made regarding a suspect,
(c) If a plea agreement has to be made with the accused through bargaining in accordance with the prevailing law,
(d) If a request has to be made to the presiding officer for a claim for remission of sentence in accordance with the prevailing law,
(e) If additional claims have to be made in accordance with the prevailing law in the charge sheet filed before the presiding officer,
(f) If a pre-sentence report has to be prepared in accordance with the prevailing law before imposing sentence on the offender,
(g) When imposing sentence on the offender in accordance with the prevailing law,
(h) If an investigation has to be conducted in accordance with the prevailing law regarding whether the accused has the mental or physical capacity to commit the offence,
(i) If a decision has to be made to take the accused or offender into the service of a diversion program in accordance with the prevailing law,
(j) If a decision has to be made to grant the offender probation, parole, suspended sentence, open prison, community service or any other facility of similar nature in accordance with the prevailing law,
(k) When hearing on whether to grant permission to withdraw a case relating to an offence pending in court in accordance with the prevailing law.

(2) For expressing an opinion under sub-section (1), the concerned authority shall provide reasonable time to the victim. 12. Right to Engage Legal Practitioner: The victim may, if he/she so wishes, engage a separate legal practitioner in the criminal judicial process. 13. Right to Attend and Participate in Hearings: (1) The victim shall have the right to attend the court proceedings related to the offence and to present his/her views, unless the court orders otherwise. Provided that, if the victim is also a witness in the case, the court may prohibit him/her from attending specific proceedings until he/she has given testimony as a witness.

(2) The court shall make an order or decision taking into consideration the views expressed by the victim under sub-section (1). 14.
Crime Victim Protection Act, 2018

14. Right to Be in a Separate Room During Hearings: (1) The court may, in the course of hearing of the offence, provide a separate room for the victim so as to keep him/her separate from the accused, persons associated with the accused and witnesses of the accused.

(2) If it is not possible and practical to provide a separate room under sub-section (1), the court shall, during the hearing, make necessary arrangements for the safety and interest of the victim so that the accused, persons associated with the accused and witnesses of the accused cannot contact the victim, unless the court orders otherwise. 15. Right to Recovery of Property: (1) Property of the victim taken into control in the course of investigation or for evidence shall be returned to the victim by the concerned investigating officer as soon as possible after the investigation work is completed.

(2) Property taken into control under sub-section (1) shall not be returned before the dispute is resolved if the property needs to be presented before the court as evidence or if there is a dispute regarding the ownership or possession of the property.

(3) Notwithstanding anything written in sub-section (2), if the court deems necessary, it may order the return of such property before the dispute is resolved. 16. May Hold Discussion Regarding the Case Related to the Offence: With the consent of both the victim and the accused, the court may, in the following circumstances, have discussions between the victim and the accused on any matter related to the offence:-

(a) If the court is satisfied that holding a discussion will help in resolving the dispute,
(b) If the discussion is to be held under the supervision of the court,
(c) If holding the discussion does not adversely affect the public interest and justice. 17. Right to Submit Written Petition: (1) If not satisfied with an order or decision of the court, if the Government of Nepal has the right to file a petition or appeal against such order or decision in accordance with the prevailing law, the victim may submit a written petition to the concerned body or authority requesting to file a petition or appeal against such order or decision.

(2) A petition under sub-section (1) shall be made within fifteen days from the date of receipt of information of such order or decision.

(3) The concerned body or authority having the right to file a petition or appeal against the decision, order or decision under sub-section (1) shall consider such petition and make a decision.

(4) Information of the decision under sub-section (3) shall be given to the victim. 18.
Crime Victim Protection Act, 2018

18. Right to Information Regarding Compensation: (1) If the victim is entitled to compensation under this Act or other prevailing law, and if the victim requests information in this regard, the prosecuting officer shall inform the victim about the procedures to be followed to obtain compensation.

(2) If the prosecuting officer has the authority to conduct compensation proceedings on behalf of the victim in accordance with the prevailing law, the prosecuting officer shall, at the request of the victim, take necessary action to be taken on behalf of the victim. 19. Right to Compensation and Social Rehabilitation: (1) The victim shall have the right to receive compensation for the loss suffered in accordance with this Act.

(2) For the social rehabilitation of the victim, the Government of Nepal, provincial government and local level may, in mutual coordination, conduct necessary plans and programs based on available resources. 20. May File Petition or Appeal: (1) If the victim concerned is not satisfied with an order or decision made by a court in any offence, if a petition can be filed or appeal can be made against such order or decision in accordance with the prevailing law stating the basis and reason therefor, the victim may file such petition or make such appeal.

(2) In relation to filing a petition or making an appeal under sub-section (1), if no period is specified in the relevant law, such petition or appeal shall be filed within fifteen days from the date of receipt of information of the order or decision.

(3) The concerned authority shall make a decision considering the basis and reason mentioned in the petition under sub-section (1), and information of such decision shall also be given to the petitioner. 21. Duties of Victim: For the purpose of this Act, the duties of the victim shall be as follows:-

(a) To file a complaint or give information regarding the offence before the authorized body or authority in time in accordance with the prevailing law,
(b) To assist the investigating or prosecuting officer in the course of investigation and prosecution of the offence,
(c) Not to fail to appear before the investigating officer or court with the aim of protecting persons involved in the offence, or not to give statements, testify or present any evidence with such aim even if appearing,
(d) To provide his/her actual name, surname, address, telephone number, email address and to inform as soon as possible if there is any change therein. 22.
Crime Victim Protection Act, 2018

22. Respect for Rights: The authority involved in the process of investigation, prosecution, inquiry and adjudication of an offence shall pay due attention to respect and implement the rights of the victim provided under this Act and the prevailing Nepali law. 23. Petition May Be Filed for Exercise of Rights: (1) For the exercise of the rights provided under this Chapter, the victim may file a petition in the concerned High Court.

(2) If it appears from a petition filed under sub-section (1) that the rights of the victim have been infringed or violated, the High Court may issue appropriate orders for the exercise of such rights.

(3) While issuing an order under sub-section (2), the High Court may write to the concerned body or authority to take departmental action in accordance with the prevailing Nepali law relating to service conditions against the official who knowingly infringes, violates or curtails the rights of the victim.

(4) If a letter is received under sub-section (3), the concerned authority shall take departmental action against such official in accordance with the prevailing law. 24. Proceedings Not to Be Invalidated: A decision, order or act already done in accordance with the prevailing law, this Act or rules made under this Act shall not be invalidated or become void merely because the victim has not been able to enjoy his/her rights or such rights have been violated or denied. Chapter-3
Victim Impact Statement

25.
Crime Victim Protection Act, 2018

Chapter-3
Victim Impact Statement

25. May Submit Victim Impact Statement: (1) If the victim so wishes, he/she may submit a victim impact statement in the format as prescribed, specifying the prescribed details, before the prosecuting officer, mentioning the loss or impact directly suffered by him/her due to the offence, before the charge sheet for the offence is filed in court.

(2) If the victim is a minor or a person requiring legal guardianship or for any other reasonable reason the victim cannot submit the statement under sub-section (1) himself/herself, his/her parent, guardian or representative in accordance with law may submit such statement on behalf of the victim.

(3) Notwithstanding anything written in sub-section (1), if the victim could not submit the victim impact statement before the filing of the charge sheet in court due to circumstances beyond his/her control, it shall not be barred from submitting such statement to the officer who filed the charge sheet within one month from the date of filing the charge sheet in court, attaching proof of such circumstances.

(4) If the victim wishes to keep the victim impact statement under sub-section (1) or (2) confidential, the reason and cause for keeping it confidential shall also be mentioned in the statement.

(5) The victim impact statement submitted under sub-section (1) shall be submitted to the concerned court by the prosecuting officer along with the charge sheet, and the victim impact statement submitted under sub-section (3) shall be submitted to the concerned court within three days of receipt thereof. 26. May Request for Copy: (1) An accused or offender who wishes to obtain a copy of the victim impact statement submitted to the court under sub-section (5) of Section 25 may obtain a copy of such statement from the court.

(2) Notwithstanding anything written in sub-section (1), the court may refuse to give a copy of the victim impact statement in the following circumstances:-

(a) If the accused is absconding,
(b) If giving the copy would adversely affect the safety and privacy of the victim,
(c) If the victim has requested that the victim impact statement be kept confidential. 27. Victim Impact Statement May Be Taken as Basis: (1) The court may also take the victim impact statement as a basis when determining the sentence for the offender.

(2) Notwithstanding anything written in sub-section (1), the court shall not take as a basis when determining sentence that part of the report for which a copy has been refused under sub-section (2) of Section 26 or which has been kept confidential. 28.
Crime Victim Protection Act, 2018

28. Loss from Offence Not to Be Presumed Reduced: It shall not be presumed that the loss or impact to the victim from the offence is less merely because the victim has not submitted a victim impact statement under this Chapter. Chapter-4
Compensation

29. May Order Interim Compensation: (1) If the victim requires immediate treatment or if compensation or any type of relief amount has to be given, the court may order to provide medical treatment or interim compensation or relief amount to such person.

(2) If an order is made under sub-section (1), compensation or relief amount shall be made available to the victim from the Fund.

(3) The compensation or relief amount made available under sub-section (2) shall, at the time of judgment by the court, if the person charged is convicted, be ordered by the court to be deposited in the Fund by such offender within thirty-five days of the judgment.

(4) If the court has issued an order under sub-section (3), such offender shall deposit the amount of compensation or relief in the Fund, and if he/she fails to deposit such amount within that period, it shall be recovered from any property of such offender as a government due within sixty days of the judgment. 30. Compensation to Be Realized from the Offender: (1) The court may, while finally adjudicating the case, order the offender to pay a reasonable amount as compensation to the victim.

(2) While ordering compensation under sub-section (1), the court shall ascertain whether the victim has received interim compensation under Section 29 or not.

(3) If the court orders compensation to be realized from the offender under sub-section (1) to a victim who has already received interim compensation under Section 29, the amount of interim compensation received by the victim shall be returned to the Fund and only the remaining amount shall be made available to the victim.

(4) Notwithstanding anything elsewhere written in this section, if it appears that the offender has no property and the victim will not receive compensation, or in a situation where the offence is established but the offender cannot be identified, or if the case related to the offence is withdrawn in accordance with the prevailing law, the court may order reasonable amount as compensation to be paid to the victim from the Fund.

(5) The amount of compensation under sub-section (4) shall be made available to the victim from the Fund within thirty-five days of receipt of such order. 31.
Crime Victim Protection Act, 2018

31. Bases to Be Taken When Determining Amount of Compensation: The court may take any or all of the following matters as a basis when determining the amount of compensation to be made available to the victim:-

(a) Reasonable expenses for medical, psychological and psychiatric counseling suffered or to be suffered by the victim,
(b) Medical treatment expenses suffered or to be suffered by the victim,
(c) Unexpected transportation expenses suffered by the victim,

Explanation: For the purpose of this clause, "unexpected transportation expenses" means reasonable expenses incurred in transportation when the victim has to travel a distance of more than ten kilometers to obtain such service because counseling or medical treatment services immediately required to reduce the loss suffered by the victim as a direct result of the offence are not available within a distance of ten kilometers from the victim's residence, workplace or scene of incident.

(d) Legal practitioner's expenses suffered by the victim,
(e) Damage to the personal capacity of the victim due to the direct result of the offence,
(f) Economic loss suffered or to be suffered by the victim,

Provided that if the victim has received or is to receive compensation for such economic loss from insurance in accordance with the prevailing law, compensation shall not be given under this clause.

(g) Expenses incurred or to be incurred for repair or new purchase of personal items damaged,
(h) Lost or damaged income earning capacity of the victim as a direct result of the offence,
(i) Adverse effect on the physical appearance of the victim,
(j) Damage to the physical, intellectual, sexual or reproductive capacity of the victim,
(k) In the case of the offence of rape, adverse effect on the social, cultural or family reputation or relationship of the victim from such offence,
(l) If the victim becomes pregnant due to rape, expenses incurred for abortion in accordance with the prevailing law or for childbirth and raising the child,
(m) Medical treatment expenses if abortion occurs due to the offence,
(n) Reasonable expenses incurred by the victim in good faith to avoid further offences that may be committed against him/her, where special circumstances apply,

Explanation: For the purpose of this section, "special circumstances" means a situation where the victim suffers or has to suffer abnormal effect or impact as a direct result of an offence committed against the victim by taking undue advantage of the physical or mental condition of the victim at the time of the offence or the special location of the victim's residence, workplace or scene of incident.

(o) Mental or emotional damage suffered by the victim,
(p) Other appropriate basis according to the nature and effect of the loss,
(q) Reasonable expenses incurred by the victim in good faith to protect the primary victim from further offences, in the case of victims where special circumstances apply,
(r) Loss of parental guardianship by minor children.
Crime Victim Protection Act, 2018

35. Compensation Amount Gets First Priority: Notwithstanding anything written in the prevailing law, if the offender has to pay compensation to the victim in addition to fine, government damages, tithe, twentieth, civil damages or any other amount as per the court's judgment, the compensation receivable by the victim under this Act shall be given the first priority from the amount recovered from the offender. 36. To Be Recovered as Government Due: If the amount of compensation ordered by the court to be paid to the victim from the offender under this Act is not made available to the victim by the offender, the court shall recover it from the movable and immovable property of the offender as a government due and make it available to the victim. 37. Amended by the Act to Amend Some Nepal Acts Relating to Good Governance Promotion and Public Service Delivery, 2081. Persons Entitled to Compensation if Victim Dies: If the victim dies before receiving the compensation amount under this Act, such amount shall be received by his/her same joint family husband or wife, sons or daughters, or father or mother. 38. Amount Previously Received as Compensation to Be Deducted: While making payment of compensation amount to the victim under this Act, the amount previously received by him/her as interim compensation shall be deducted and