chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Radioactive Substances (Use and Regulation) Act, 2020

11. Issuance of License: (1) If, upon inquiry pursuant to Section 10, the Regulatory Body finds such practice, activity, or facility suitable for operation, a license shall be issued in the prescribed format after collecting the prescribed deposit and fee in a manner capable of bearing the possible loss, damage, or risk.

(2) While issuing a license pursuant to subsection (1), the Regulatory Body may also specify additional conditions to be fulfilled by the licensee, considering the nature of such practice or activity.

(3) If, upon inquiry pursuant to Section 10 into the application received under Section 9, it is not found feasible to issue a license, the Regulatory Body shall give written information thereof to the applicant within seven days from the date of decision. 12. License Not Transferable: A licensee shall not sell, distribute, or transfer the license obtained under this Act. 13. Surrender of License: (1) A licensee may submit an application to the Regulatory Body in the prescribed format for the surrender of a license taken to operate any practice, activity, or facility under this Act.

(2) The Regulatory Body shall approve the surrender of a license under subsection (1) if the surrender does not appear to adversely affect the protection of the life and property of the general public, animals, or the environment, and on the condition that if it is confirmed in the future that the life and property of the general public or the environment are affected by the work and cause of that licensee, the licensee shall bear the liability thereof. 14. Amendment of License Conditions: (1) If it is deemed necessary to amend any condition specified in a license issued under this Act for the protection of health, safety, and the environment, the Regulatory Body may amend such condition by giving written notice to the licensee.

(2) If, due to the amendment of a condition specified in the license under subsection (1), the licensee needs to make any additional arrangements or preparations, the Regulatory Body shall give a reasonable time to the concerned licensee for this purpose. 15. License Period and Renewal: (1) The period of a license shall be as prescribed.

(2) The license shall be renewed from the Regulatory Body, along with the prescribed fee, before the expiry of the period under subsection (1).

(3) Other provisions relating to license renewal shall be as prescribed. 16.
Radioactive Substances (Use and Regulation) Act, 2020

License Period and Renewal: (1) The period of a license shall be as prescribed.

(2) The license shall be renewed from the Regulatory Body, along with the prescribed fee, before the expiry of the period under subsection (1).

(3) Other provisions relating to license renewal shall be as prescribed. 16. Suspension of License: (1) The Regulatory Body may suspend a license for a specified period in the following circumstances:-

(a) If the entity obtaining the license fails to fulfill the conditions, comply with the standards and obligations to be observed, or fails to comply with the order given pursuant to subsection (6) of Section 22, or

(b) If, due to the activities of the entity obtaining the license, an adverse effect is caused to the environment, creating a risk to the safety of the life and property of the general public or the protection of the environment.

(2) Within the suspension period specified by the Regulatory Body, the licensee may submit an application to the Regulatory Body for the revocation of the suspension, stating that the condition under clause (a) or (b) of subsection (1) does not exist.

(3) Upon receipt of an application from the licensee under subsection (2), the Regulatory Body may revoke the suspension if, upon inquiry, the condition of subsection (1) is found not to exist. 17. Revocation of License: (1) The Regulatory Body shall revoke a license in the following circumstances:-

(a) If any act is done contrary to this Act, or the regulations or directives made under this Act,

(b) If necessary corrections are not made within the suspension period, the conditions specified in the license are violated, or such conditions are not fulfilled,

(c) If the license is not renewed within the prescribed period,

(d) If the activity or practice is not started or cannot be started within the prescribed period of the license, or

(e) If the license is surrendered.

(2) Except in the circumstances of clauses (c), (d), and (e) of subsection (1), the Regulatory Body shall give the concerned licensee a reasonable time to submit their defense before revoking the license. 18. May Lodge Complaint: (1) An entity dissatisfied with the decision made by the Regulatory Body pursuant to subsection (3) of Section 11, subsection (1) of Section 16, or subsection (1) of Section 17 may lodge a complaint with the Ministry within thirty-five days from the date of such decision.

(2) The decision made by the Ministry on the complaint lodged under subsection (1) shall be final.

(3) Lodging a complaint under subsection (1) shall not exempt the licensee from the obligation to be fulfilled under this Act. 19.
Radioactive Substances (Use and Regulation) Act, 2020

19. Liability of Licensee: (1) In addition to the matters mentioned elsewhere in this Act, the liability of the licensee shall be as follows:-

(a) Operate the practice, activity, or facility according to the license in a safe, reliable, and trustworthy manner in accordance with approved standards,

(b) Comply with this Act or rules, directives, standards, conditions, and circumstances of the license made under this Act,

(c) Provide information, documents, details, or knowledge requested by the Regulatory Body within the prescribed period,

(d) Provide necessary assistance to the Regulatory Body during monitoring and inspection,

(e) Comply with the conditions and dose limits prescribed regarding radiation protection or safety,

(f) Ensure that the amount of radiation released into the environment remains at a minimal level,

(g) Make safe arrangements for the decommissioning or destruction of facilities and the disposal of waste,

(h) If the practice, activity, or facility under the license needs to be closed, obtain approval from the Regulatory Body before closing such practice, activity, or facility,

(i) Fulfill other obligations prescribed by the Regulatory Body from time to time.

(2) In addition to the liabilities under subsection (1), the licensee shall be liable for any loss or damage caused due to an incident arising from ionizing radiation.

(3) If loss or damage is caused due to stolen, lost, discarded, or abandoned radioactive material due to failure to make reliable security arrangements or due to negligent storage, the licensee shall be liable for such loss or damage.

(4) Notwithstanding anything contained in subsections (1) and (2), the Licensee shall not be liable for loss or damage arising from an accident caused by war, external attack, or armed rebellion.

(5) If loss or damage is caused due to an incident arising from ionizing radiation during the transport of radioactive material, the liability shall be as per a separate written agreement between the licensee and the transporter, and in the absence of an agreement, the licensee shall be liable for such loss or damage. 20. Prior Approval Required: If the licensee needs to make any change in the activity or practice or address mentioned in the license, prior approval of the Regulatory Body shall be obtained. 21.
Radioactive Substances (Use and Regulation) Act, 2020

Chapter-4

Provisions relating to Regulation

22. Monitoring and Inspection: (1) The Regulatory Body shall regularly monitor and inspect or cause to be monitored and inspected whether this Act, the regulations and directives made under this Act, and the conditions and circumstances of the license are complied with.

(2) To carry out monitoring and inspection under subsection (1), the Regulatory Body may, as required, designate or appoint Government of Nepal employees or subject matter experts having prescribed qualifications and training as Inspectors.

(3) An Inspector designated or appointed under subsection (2) may inspect the following matters of a licensed individual or entity:-

(a) Enter the place or building where the practice, activity, or facility related to radioactive sources is operated at any time to obtain information about radiation safety and protection,

(b) Obtain information about preparedness for precautions if there is a possibility of an accident at the place or building where the practice, activity, or facility related to radioactive sources is operated,

(c) Investigate and probe any unforeseen incident or accident involving radiation sources,

(d) Make inquiries to any concerned person as necessary.

(4) The Regulatory Body may appoint an Inspector to the licensed entity for monitoring if it appears that conditions and standards prescribed in this Act or the rules made under this Act have not been complied with, or an unexpected incident or unauthorized activity has occurred or may occur, or if information is received from any reliable source.

(5) It shall be the duty of the concerned licensee to assist the Inspector appointed for monitoring and inspection under this Act.

(6) If, during inspection under this section, it appears that a practice, activity, or facility violates this Act, regulations, directives, standards made under this Act, license conditions, or other conditions determined by the Regulatory Body, or that human health or animals may be harmed, or property or the environment may be damaged due to it, the Inspector may order such licensee to comply with the conditions within a specified period, to immediately stop or suspend such practice, activity, or facility, or to store in a safe and reliable manner the radioactive material produced from the practice, activity, or facility that has been ordered to be stopped.

(7) If an order is given by the Inspector under subsection (6), information thereof shall be immediately given to the Regulatory Body.

(8) If an order is given by the Inspector under subsection (6), an inspection report shall be submitted to the Regulatory Body as prescribed.

(9) If, from the report received under subsection (8), it appears that serious damage to public health or the environment may occur, the Regulatory Body may take possession of such nuclear material or radioactive material and facility.
Radioactive Substances (Use and Regulation) Act, 2020

23. Regulation over Radioactive Source: (1) The Regulatory Body shall prescribe necessary standards for the purpose of regulating radioactive sources, materials, and related instruments and equipment.

(2) The Regulatory Body shall classify such sources as prescribed based on the loss or damage that may be caused to the general public and the environment due to the lack of safe management or protection of the source.

(3) If, while using any radioactive source, the licensee sees a risk that radiation damage may be caused to human health or animals, or loss or damage may be caused to property or the environment, the licensee shall inform the Regulatory Body thereof. 24. Record of Radioactive Source: (1) The Regulatory Body shall maintain a record of radioactive sources.

(2) Other provisions relating to maintaining a record of radioactive sources shall be as prescribed. 25. Safety and Protection of Radioactive Source: (1) The responsibility for the safety, protection, and reliable use of radioactive sources shall lie with the licensee.

(2) Other provisions relating to the safety and protection of radioactive sources shall be as prescribed. 26. Export or Import of Radioactive Source: The Government of Nepal shall, on the recommendation of the Regulatory Body, prescribe the conditions and procedures to be fulfilled to obtain a license for the purpose of exporting or importing radioactive sources into Nepal or through the territory of Nepal. 27. Management of Orphan Source: If any orphan source is found, the Regulatory Body shall immediately take control of such source and make proper management thereof. Chapter-5

Provisions relating to Radiation Safety and Protection

28. Radiation Safety: (1) The Regulatory Body shall prescribe necessary standards and measures to protect human health or animals or the environment from loss or damage that may occur due to exposure to ionizing radiation.

(2) The Regulatory Body shall determine the maximum limit of radiation dose for individuals when operating any practice, activity, or facility under this Act.

(3) While determining the limit under subsection (2), the Regulatory Body may also take into account the standards of the Agency and other recognized international institutions.

(4) The Regulatory Body shall identify sources or practices that do not require regulation on the following basis:-

(a) The level of risk for an individual is found to be extremely low compared to that which requires regulation,

(b) The total radiological impact is extremely low, making regulatory control unnecessary. 29.
Radioactive Substances (Use and Regulation) Act, 2020

29. Radiation Protection: (1) The Regulatory Body shall determine conditions relating to the protection of radioactive sources to be fulfilled before granting a license to operate any practice, activity, or facility.

(2) In addition to the conditions determined under subsection (1) regarding the protection of radioactive sources for operating practice, activity, or facility relating to agriculture, animal husbandry, industry, and medical service, the Regulatory Body shall also prescribe the following conditions:-

(a) Required qualifications and training of the radioactive source user,

(b) Measures to be adopted for the protection of individuals using radioactive sources,

(c) Measures to be adopted for the protection of patients, including justification of the practice and optimization of exposure,

(d) Standards relating to the design and operation of radioactive sources,

(e) Measures to be adopted for the safety and protection of radioactive sources,

(f) Provisions relating to not being allowed to conduct health examinations of any patient, provide medical services to a patient, or diagnose or treat a disease using radiation sources except upon a physician's recommendation.

(3) Other provisions relating to conditions for the protection of radioactive sources shall be as prescribed. Chapter-6

Provisions relating to Decommissioning or Decontamination of Facility

30. Decommissioning or Decontamination of Facility: The Regulatory Body shall prescribe necessary conditions and standards for the decommissioning or decontamination of any facility and radioactive material. 31. Responsibility for Decommissioning or Decontamination of Facility: (1) The responsibility for safety and protection while closing, decommissioning, or decontaminating any facility or radioactive material shall lie with the licensee.

(2) The licensee shall obtain approval from the Regulatory Body before permanently closing, decommissioning, or decontaminating any facility.

(3) While granting approval under subsection (2), the Regulatory Body shall specify conditions including the safe closure, decommissioning, or decontamination of the facility and the management of waste generated therefrom.

(4) The expenses incurred for closing, decommissioning, or decontaminating a facility under subsection (2) and managing the waste generated therefrom shall be borne by the licensee. Chapter-7

Provisions relating to Disaster Preparedness and Disaster Management Plan

32.
Radioactive Substances (Use and Regulation) Act, 2020

Chapter-7

Provisions relating to Disaster Preparedness and Disaster Management Plan

32. Disaster Preparedness and Disaster Management Plan: (1) The Government of Nepal shall prepare a disaster preparedness and disaster management plan at the national level for the preparedness and risk management of radiation-related disasters.

(2) Subject to subsection (1), a licensee operating any activity, practice, or facility, or keeping or using a radiation source, shall prepare a disaster preparedness and disaster management plan for radiation-related disasters and get it approved by the Regulatory Body.

(3) Matters to be included while preparing the disaster preparedness and disaster management plan under subsection (2) shall be as prescribed by the Regulatory Body.

(4) The disaster preparedness and disaster management plan approved under subsection (2) shall be reviewed and updated from time to time by the Regulatory Body.

(5) The disaster preparedness and disaster management plan approved under subsection (2) shall be implemented.

(6) It shall be the duty of all bodies and officials of the provincial government and local level to assist in implementing the disaster preparedness and disaster management plan under subsection (1).

(7) The Government of Nepal may establish a fund with the participation of the licensee for compensation for loss or damage arising from practices or activities, and the management and operation of that fund shall be as prescribed. 33. Regarding Transboundary Disaster: (1) If a radiation-related disaster occurs and there is a possibility that the effect of radioactive pollution may spread beyond the state of Nepal, the Government of Nepal shall inform the Agency and the concerned bodies of the country affected or likely to be affected by such radiation.

(2) If a radiation-related disaster occurs or may occur from outside the state of Nepal, the Government of Nepal shall immediately take diplomatic initiative regarding disaster management with the Agency and the concerned nation.

(3) The Regulatory Body shall act as a contact point for providing information about and necessary assistance regarding such disaster, in accordance with the provisions of the relevant treaty relating to providing information and rendering assistance in the event of a radiation-related disaster. Chapter-8

Provisions relating to Transport of Radioactive Material

34.
Radioactive Substances (Use and Regulation) Act, 2020

Chapter-8

Provisions relating to Transport of Radioactive Material

34. Conditions and Standards to be Made: (1) Subject to this Act, the Regulatory Body shall formulate and enforce conditions and standards to be complied with for the safe transport of radioactive material.

(2) The conditions and standards under subsection (1) shall also specify measures to be adopted for the physical protection of such radioactive material, based on the risk or harm that may occur according to the type, quantity, and level of activity of the radioactive material.

(3) While determining conditions and standards under subsection (1), the technical standards determined by the Agency and developed and followed internationally regarding the transport of radioactive material shall also be taken into account. 35. Transport of Radioactive Material: (1) While transporting radioactive material, the licensee shall do so safely in a manner that does not adversely affect public health, the environment, and national security.

(2) The licensee shall transport radioactive material according to the means, mode, and technical conditions of transport determined by the Regulatory Body.

(3) The licensee shall inform the workers and employees involved in the transport of radioactive material about the safe use, safety, and physical protection of radioactive material, as well as the risks from such material and possible measures to avoid them. Chapter-9

Provisions relating to Radioactive Waste Management

36. Import Not Allowed: Notwithstanding anything contained elsewhere in this Act, radioactive waste shall not be imported within the borders of Nepal. 37. Responsibility for Safety of Radioactive Waste: (1) The responsibility for the safety management of radioactive waste shall lie with the licensee.

(2) The licensee shall make necessary arrangements so that as little radioactive waste as possible is discharged.

(3) The licensee shall manage or dispose of radioactive waste as prescribed at a place or facility approved by the Regulatory Body. 38.
Radioactive Substances (Use and Regulation) Act, 2020

38. Export of Radioactive Waste: (1) Any radioactive waste produced in Nepal may be exported from Nepal with permission from the Regulatory Body.

(2) An individual or entity desiring to export radioactive waste shall submit an application to the Regulatory Body for permission to export, stating the following details:-

(a) That the importing country has the administrative and technical capacity for radioactive waste management and has a reliable and safe regulatory framework consistent with the standards implemented by the Agency,

(b) That the country importing the radioactive waste has been informed of such import of radioactive waste and that country has provided consent for it,

(c) That assurance has been given that transport will be carried out through transit countries in a manner consistent with relevant international obligations.

(3) If the process under subsection (2) appears to have been completed, the Regulatory Body may grant a license to the applicant to export radioactive waste. 39. Safety and Protection: To protect human health, animals, and the environment from adverse effects of radioactive waste, the Regulatory Body shall formulate and implement necessary standards. Chapter-10

Provisions relating to Safeguards

40. Implementation of Safeguards: (1) The Regulatory Body shall implement safeguards in accordance with any treaty to which Nepal is a party or any safeguards agreement made with the Agency.

(2) While implementing safeguards under subsection (1), the following acts may be performed in accordance with the agreement:-

(a) Inspect the implementation of Nepal's obligations,

(b) Facilitate inspectors appointed by the Agency within Nepal,

(c) Coordinate with the Agency as per the agreement and provide necessary information. 41. Prohibited Acts: The production and manufacture of radiation-related weapons and explosive devices within Nepal, or otherwise obtaining such weapons or devices, accepting or receiving any assistance in the manufacture of such weapons or devices, conducting any research and development related to the production of such weapons or devices, or performing any act that would support such activity shall not be permitted. 42. Inspection May Be Conducted: An inspector appointed by the Regulatory Body or the Agency in coordination with the Regulatory Body shall have the right to enter any prescribed facility in accordance with the safeguards agreement and conduct inspection and inquiry. 43. Records and Control: Provisions relating to the measurement or calibration of prescribed radioactive materials, evaluation of the accuracy of measurement or calibration, review of differences in measurement or calibration, inventory keeping, evaluation of unmeasured items, recording and reporting, and reporting to the Agency shall be as prescribed. 44.
Radioactive Substances (Use and Regulation) Act, 2020

43. Records and Control: Provisions relating to the measurement or calibration of prescribed radioactive materials, evaluation of the accuracy of measurement or calibration, review of differences in measurement or calibration, inventory keeping, evaluation of unmeasured items, recording and reporting, and reporting to the Agency shall be as prescribed. 44. Export or Import of Radioactive Material: (1) No person shall export or import, or cause to export or import, radioactive material, information, instruments, equipment, and technology related to such material without obtaining a license in accordance with prevailing law.

(2) The conditions, procedures, standards, and other provisions for issuing a license to export or import radioactive material under subsection (1) shall be in accordance with prevailing law. Chapter-11

Provisions relating to Safety and Physical Protection of Radioactive Material

45. Physical Protection: (1) The Regulatory Body may classify radioactive materials according to security sensitivity and standards for the physical protection of radioactive materials and facilities.

(2) The Regulatory Body shall determine and implement conditions and standards for the safety and physical protection of radioactive material on the following matters:-

(a) Protection mechanisms and procedures required for different types of materials,

(b) Relating to control and accountability,

(c) Recording and control of radioactive material,

(d) Relating to inspection and monitoring,

(e) Other matters as prescribed.

(3) The duty of guaranteeing the physical protection of radioactive materials and facilities shall lie with the licensee.

(4) If radioactive material or a facility is stolen, lost, or damaged through theft or otherwise, or there is a possibility thereof, the licensee shall perform the following actions:-

(a) Immediately inform the Regulatory Body about such incident and the related circumstances,

(b) Submit a written report with detailed particulars to the Regulatory Body within three days of providing information under clause (a),

(c) Provide other information as requested by the Regulatory Body within the prescribed time.

(5) The Regulatory Body shall immediately provide the information received under subsection (4) to the Ministry. 46.
Radioactive Substances (Use and Regulation) Act, 2020

Chapter-12

Provisions relating to Offense and Punishment

47. Deemed to have Committed Offense: If any person performs the following acts, they shall be deemed to have committed an offense under this Act:-

(a) Conducting or causing to conduct activities or practices including the production, collection, storage, accumulation, export, import, transport, carriage, operation, disposal, and management of equipment generating ionizing radiation without a license under this Act or contrary to the conditions specified in the license or this Act,

(b) Conducting or causing to conduct activities or practices including the production, collection, storage, accumulation, export, import, transport, carriage, disposal, or dissemination of radioactive material or related equipment, developing or operating any facility, exporting, importing, or managing radioactive waste without a license under this Act or contrary to the conditions specified in the license or this Act,

(c) Obtaining, taking possession of, using, transferring, altering, disposing of, or disseminating radioactive material, or making, using, or taking possession of any instrument or equipment with the intention of killing someone, causing physical injury, or damaging property or the environment, or in a manner that would cause death, injury, or damage,

(d) Using any facility, tampering with it, causing loss or damage to it, obstructing its operation, or performing any act targeted against the facility, with the intention of killing someone, causing physical injury, or damaging property or the environment, or knowingly that death, injury, or damage may result,

(e) Stealing, robbing, or looting radioactive material,

(f) Using coercion or fraudulent dealings to obtain radioactive material,

(g) Performing acts under clauses (c) and (e) with the objective of forcing any individual or entity to do or not do something,

(h) Demanding radioactive material or related equipment, instruments, or facilities from anyone by giving fear, threat, or intimidation, or by using force or any coercion,

(i) Spreading or causing to spread false information regarding radioactive material in a manner that may negatively affect the use, physical protection, and safety of radioactive material or related equipment,

(j) Disclosing information that must be kept confidential under this Act. 48.
Radioactive Substances (Use and Regulation) Act, 2020

48. Punishment: (1) If any person commits an offense under this Act, they shall be liable to the following punishment:-

(a) For an offense under clause (a) of Section 47, confiscation of the equipment generating ionizing radiation and a fine of one hundred thousand rupees to three hundred thousand rupees or imprisonment for one year to three years or both,

(b) For an offense under clause (b) of Section 47, confiscation of the radioactive material and a fine of seven hundred thousand rupees to one million two hundred thousand rupees and imprisonment for five years to ten years,

(c) If an offense under clauses (c) and (d) of Section 47 results in someone's death, the offender shall be liable to life imprisonment; if someone is injured or physically harmed, a fine of five hundred thousand rupees to one million rupees and imprisonment for five years to ten years,

(d) For an offense under clauses (e), (f), (g), (h), (i), and (j) of Section 47, confiscation of the equipment, instruments, other materials, and items used in such offense, and a fine of three hundred thousand rupees to one million rupees and imprisonment for three years to five years.

(2) If any person orders or abets the commission of an offense mentioned in Section 47, the offender shall be liable to the same punishment as the principal offender, and an accomplice who assists in committing the offense shall be liable to half the punishment of such principal offender.

(3) If any physical property or the environment is damaged due to an incident related to ionizing radiation, the actual loss caused thereby shall be identified, double the amount of the loss shall be compensated by the licensee, a fine equal to the amount of such loss shall be imposed along with imprisonment for five years to ten years, and the equipment, other materials, and items used in such act shall be confiscated.

(4) If any licensee commits an offense punishable under this
Social Security Act, 2018

Social Security Act, 2075 (2018)

Date of Certification
2075.06.02

Amending Acts

1. Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 (2018) 2075.11.19
2. Social Security (First Amendment) Act, 2079 (2022) 2079.03.31
3. Act to Amend Some Nepal Acts Relating to Good Governance and Public Service Delivery, 2081 (2024) 2081.12.18

Act Number 19 of the Year 2075 (2018)

An Act Made to Provide for Social Security

Preamble: Whereas, it is desirable to make necessary provisions to ensure the right to social security of citizens who are economically poor, persons in a state of disability and helplessness, helpless single women, persons with disabilities, children, persons unable to take care of themselves, and citizens of endangered ethnic communities in accordance with the Constitution of Nepal,

Federal Parliament has enacted this Act. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Social Security Act, 2075 (2018)."

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

(a) "In a state of disability and helplessness" means a person who is economically poor, physically or mentally unable to work, and has no family member to provide maintenance and care.

(b) "Persons with disabilities" means persons under section 8 who, due to long-term physical, mental, intellectual or sensory impairments, functional limitations, or existing barriers, face obstacles to participating in social life on an equal basis with other ordinary persons.

(c) Deleted by the first amendment .

(d) "Economically poor" means a person who has no basis for livelihood, source of income or property, or whose income is less than that specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(e) "Unable to take care of themselves" means a person certified by a medical practitioner to be in a condition where they cannot take care of themselves due to being afflicted with diseases such as Alzheimer's, Parkinson's, Spinal Cord Injury, Brain Hemorrhage, Mental Retardation, Paralysis, Sickle Cell Anemia, Mental Illness, Autism.
Social Security Act, 2018

Added by the first amendment.(e1) "Single woman" means a woman who has divorced and not remarried, a widow, a woman living under judicial separation, a woman who has been out of contact with her husband for a continuous period of twelve years, a woman living a solitary life either married or unmarried due to gender-based violence, or an unmarried woman who has completed forty years of age.

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

(g) "Endangered community" means the communities as per the Schedule.

(h) "Person entitled to social security" means a Nepali citizen who is entitled to receive social security allowance under this Act.

(i) "Social security" means cash, allowance or assistance provided to a citizen entitled to receive social security allowance under this Act.

(j) "Local level" means a Rural Municipality or Municipality. Chapter-2
Social Security

3. Persons Entitled to Social Security Allowance: (1) The following Nepali citizens shall have the right to receive social security allowance:-

(a) Senior citizens,

(b) Economically poor persons,

(c) Persons in a state of disability and helplessness,

(d) Helpless single women,

(e) Persons with disabilities,

(f) Children,

(g) Persons unable to take care of themselves,

(h) Endangered communities.

(2) Allowances distributed under sub-section (1) shall be distributed in the name of social security allowance. Added by the Act to Amend Some Nepal Acts Relating to Good Governance and Public Service Delivery, 2081 (2024).(3) For the purpose of distributing social security allowance under this section, the Government of Nepal may, by publishing a notice in the Nepal Gazette, make the National Identity Number mandatory effective from the date specified in that notice for the area specified therein. 4. Senior Citizen Allowance: (1) Dalit and single women senior citizens, after completing sixty years of age, and other senior citizens, after completing amended by the first amendment.sixty-eight years of age, shall, as social security allowance, receive a senior citizen allowance as determined by the Government of Nepal.

(2) Notwithstanding anything contained in sub-section (1), the Government of Nepal may, amended by the first amendment.specify a backward area as well as a specific area and provide such allowance also to senior citizens residing in such area who have not attained the age referred to in sub-section (1). 5. Destitute Citizen Allowance: An economically poor citizen shall receive, as social security allowance, a destitute citizen allowance of the amount determined by the Government of Nepal as prescribed. 6. Disability and Helplessness Allowance: A citizen in a state of disability and helplessness shall receive, as social security allowance, a disability and helplessness allowance of the amount determined by the Government of Nepal as prescribed. 7.
Social Security Act, 2018

6. Disability and Helplessness Allowance: A citizen in a state of disability and helplessness shall receive, as social security allowance, a disability and helplessness allowance of the amount determined by the Government of Nepal as prescribed. 7. Amended by the first amendment.Helpless Single Woman Allowance: The following single women shall receive, as social security allowance, a helpless single woman allowance as determined by the Government of Nepal as prescribed:-

(a) Widow,

(b) Other single women whose income is less than that specified by the Government of Nepal by publishing a notice in the Nepal Gazette and who have no family member for maintenance and care, or who have such a member but are in an economically poor condition or whose maintenance is not provided by such member. 8. Amended by the first amendment.Disability Allowance: Citizens who have obtained an identity card for complete disability or severe disability in accordance with the prevailing federal law relating to the rights of persons with disabilities shall, as social security allowance, receive a disability allowance as determined by the Government of Nepal as prescribed. 9. Child Nutrition Allowance: (1) Children who are extremely poor, belong to endangered communities, and children specified by the Government of Nepal who have not completed five years of age shall, as social security allowance, receive a child nutrition allowance as determined by the Government of Nepal.

(2) The procedure for providing child nutrition allowance to children under sub-section (1) shall be as prescribed. 10. Endangered Community Allowance: (1) Citizens of endangered communities shall receive social security allowance as determined by the Government of Nepal.

(2) The procedure for providing allowance to endangered communities under sub-section (1) shall be as prescribed. 11. Care Allowance for Persons Unable to Take Care of Themselves: (1) A citizen unable to take care of themselves shall receive social security allowance as determined by the Government of Nepal.

(2) The procedure for providing allowance for citizens unable to take care of themselves under sub-section (1) shall be as prescribed. 12. Application to be Submitted: (1) A person entitled to social security allowance under section 3 shall submit an application to the concerned local level in order to receive social security allowance under this Act.
Social Security Act, 2018

12. Application to be Submitted: (1) A person entitled to social security allowance under section 3 shall submit an application to the concerned local level in order to receive social security allowance under this Act. Provided that, in the case of a person who cannot submit an application themselves, the guardian, responsible person (mathawar), or caregiver of such person may submit the application.

(2) When submitting an application under sub-section (1) for the social security allowance for children under section 9, proof of the record of birth registration must also be submitted.

(3) Upon receipt of an application under sub-section (1) or (2), the local level shall take necessary action and make a decision within seven days.

(4) When taking action under sub-section (3), if it appears that the applicant is not entitled to receive the social security allowance, the local level shall give written notice of the same, stating the reasons, to the applicant.

(5) The format of the application under sub-section (1) and the documents to be attached shall be as prescribed.

(6) A person who does not wish to receive the social security allowance under this section shall make a voluntary declaration of not taking the social security allowance and inform the concerned local level.

(7) If any citizen does not wish to receive the social security allowance under sub-section (6), the concerned local level shall keep a record of the same and honor such person. 12A. Added by the first amendment.Honor for Those Not Taking Social Security: Notwithstanding anything contained in sub-section (6) or (7) of section 12, if a person entitled to social security under this Act makes a voluntary declaration of not taking such social security, such person shall be honored with a letter of appreciation as prescribed. 13. Not Entitled to Double Social Security: (1) If any citizen is entitled to receive more than one type of social security allowance under section 3 of this Act, such person shall receive only one social security allowance of their choice.

(2) If any citizen is entitled to receive the same type of facility under this Act and prevailing law, such person may receive only one facility as per their choice.

(3) Notwithstanding anything contained in sub-sections (1) and (2), a child who has received an allowance under other prevailing law may also receive the allowance under section 9. 14.
Social Security Act, 2018

14. Entitled to Facility under Prevailing Law: (1) Notwithstanding anything contained in section 13, this Act shall not prevent a person receiving social security allowance under this Act from receiving other types of social security under prevailing law.

(2) Except for the condition where families of martyrs who sacrificed their lives during the people's movements, armed conflict and revolution for progressive democratic change in Nepal, families of disappeared persons, democracy fighters, persons with disabilities, injured and victims have received social security under prevailing law, they shall receive security or honor as prescribed.

(3) The Government of Nepal may adopt an integrated system regarding the provision of social security allowance under this Act and other social security facilities provided under prevailing law. 15. Amended by the first amendment.Persons Not Entitled to Social Security Allowance: The following persons shall not receive social security allowance under this Act:-

(a) A person who is holding a position in any government or public office by appointment, election or nomination,

(b) A person who is regularly receiving remuneration, pension, retirement facility or other facility from the Government of Nepal, Provincial Government, Local Level, or an organized institution fully or partially owned by the Government of Nepal, Provincial Government or Local Level. 16. Identity Card: (1) A person entitled to social security allowance under this Act shall be issued an identity card by the concerned local level in the prescribed format.

(2) The identity card issued under sub-section (1) must also mention the identity of the guardian, responsible person (mathawar), or caregiver of the person receiving the social security allowance.

(3) The local level shall review the disability-related identity card every year and update the record.

(4) Other provisions relating to the identity card provided under sub-section (1) shall be as prescribed.

(5) A citizen who has not obtained the identity card under sub-section (1) shall not receive the social security allowance. 17. Distribution of Social Security Allowance: (1) The local level shall distribute the social security allowance based on the identity card under section 16.

(2) The procedure and medium for distributing social security by the local level under sub-section (1) shall be as prescribed.

(3) In an area specified by the Government of Nepal by publishing a notice in the Nepal Gazette, payment of social security allowance shall be made only through the banking system from the specified date. 18.
Social Security Act, 2018

18. Record to be Maintained: (1) The local level shall maintain records of social security distributed under this Act in the prescribed format.

(2) The local level shall send the details of the social security distribution to the concerned body of the Government of Nepal within the prescribed format and timeframe.

(3) Other provisions relating to record management under sub-section (1) shall be as prescribed. 19. Removal of Name of Person Receiving Social Security Allowance: (1) The local level shall remove the name of a person receiving social security allowance from its records in the following circumstances:-

(a) if the person receiving social security allowance migrates elsewhere,

(b) if a helpless single woman marries,

(c) if the person is no longer eligible to receive social security allowance under this Act,

(d) upon death,

(e) in other circumstances as prescribed.

(2) If a person receiving social security allowance is to migrate elsewhere under clause (a) of sub-section (1), the concerned local level must mention the same details in the identity card. 20. Government of Nepal to Make Budgetary Provision: (1) The liability for social security allowance under this Act shall be of the Government of Nepal.

(2) Additional social security allowance under respective headings shall not be distributed by the Provincial and Local Governments in a manner that duplicates the social security allowance distributed by the Government of Nepal. Chapter-3
Offenses and Penalties

21. Offense and Penalty: (1) If any person commits the following act, they shall be deemed to have committed an offense under this Act:-

(a) obtaining social security allowance by providing false details,

(b) obtaining social security allowance contrary to this Act or the rules made under this Act,

(c) if the guardian, responsible person (mathawar), or caregiver of a person, or any other person, misuses or uses against the interest of the person receiving the social security allowance,

(d) if the officer distributing social security allowance misuses the social security allowance,

(e) submitting false details or making false recommendations. Amended by the first amendment.(2) If any person commits an offense under clause (a), (b) or (c) of sub-section (1), or obtains money by submitting false details or knowingly submitting false recommendations under clause (e), the amount taken by such person shall be recovered and such person shall be fined an amount equal to the amount misappropriated.

(3) If any person commits an offense under clause (d) of sub-section (1), or makes a false recommendation under clause (e), the concerned official shall be punished in accordance with prevailing law. 22. May Lodge Complaint: Any person may lodge a complaint regarding an offense under this Act with the Judicial Committee of the concerned local level. 23.
Social Security Act, 2018

22. May Lodge Complaint: Any person may lodge a complaint regarding an offense under this Act with the Judicial Committee of the concerned local level. 23. Court to Try Cases: (1) The Judicial Committee of the concerned local level shall conduct proceedings and adjudicate cases under this Act, except for the offense under clause (d) of sub-section (1) of section 21.

(2) The Judicial Committee must conduct proceedings and adjudicate a case filed under sub-section (1) within one hundred and twenty days from the date of registration.

(3) Notwithstanding anything contained in sub-sections (1) and (2), if a complaint related to an offense under clause (d) of sub-section (1) of section 21 is lodged, such complaint shall be forwarded to the concerned body for necessary action. 24. Appeal: A person aggrieved by the decision of the Judicial Committee under section 23 may appeal to the District Court within thirty-five days from the date of knowledge of such decision. 25. Punishment under Prevailing Law: If any act deemed to be an offense under this Act also constitutes an offense under other prevailing law, nothing contained in this Act shall be deemed to prevent the institution of a case and action against such offense under prevailing law. Chapter-4
Miscellaneous

26. Monitoring Related Provisions: Provisions relating to record management of persons receiving social security and monitoring of allowance distribution shall be as prescribed. 27. May Establish Care Centers: The Government of Nepal, Provincial Government or Local Level may establish and operate care centers as prescribed for the care of orphaned children, disabled and helpless persons, persons with disabilities, and senior citizens. 28. Report to be Submitted: Each local level shall submit the details of social security allowance distributed to the Government of Nepal and the concerned Provincial Government on a quarterly basis. 29. Power to Make Rules: The Government of Nepal may make necessary rules for implementing this Act. Provided that until the regulations under this Act are made, the Government of Nepal shall not be prevented from providing social security allowances that were previously being provided. 30. To Make Directives and Procedures: Subject to this Act and the rules made under this Act, the amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 (2018).Ministry of Home Affairs of the Government of Nepal may make necessary directives and procedures in relation to the distribution of social security allowance. 31. May Amend Schedule: The Government of Nepal may, by publishing a notice in the Nepal Gazette, make necessary changes and additions to the Schedule. 32.