chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Extradition Act, 2014

18. Release from Detention if not taken over: If the requesting State does not take over the accused or offender kept in detention by order of the District Court pursuant to sub-section (4) of Section 14 for the purpose of taking charge within thirty days from the date on which the Government of Nepal gives notice for taking charge, the Ministry shall release such fugitive accused or offender from detention, unless the court has otherwise ordered. 19. If request for extradition received from more than one State: If more than one State requests extradition in respect of the same fugitive accused or offender, and if the District Court has ordered that extradition may be made pursuant to sub-section (3) of Section 14, the Government of Nepal may extradite such accused or offender to the State that made the request first. 20. Making a Request to a Foreign State for Extradition: (1) If a person accused of or found guilty of an offense within Nepal goes and resides in any area within the jurisdiction of a foreign State, or is in transit through that State while proceeding to a third country, the Ministry shall make a request to the relevant foreign State through diplomatic channels for the extradition of such fugitive accused or offender.

(2) Notwithstanding anything contained in sub-section (1), if there is a likelihood that the fugitive accused or offender will abscond if not immediately arrested and taken into control, the Ministry may directly request the foreign State for the immediate arrest and taking into control of such fugitive accused or offender.

(3) When making a request pursuant to sub-section (2), evidence making the fugitive accused prima facie appear as accused, and in the case of an offender, the judgment rendered by a court or other competent body shall also be annexed.

(4) If the fugitive accused or offender is arrested by the relevant foreign State on the basis of evidence and judgment pursuant to sub-section (3), the Ministry shall, within seven days from the date of receipt of information of the arrest, request the relevant State through diplomatic channels as soon as possible for the extradition of such fugitive accused or offender.

(5) When making a request for extradition pursuant to sub-section (1), the details and documents required to be specified and annexed pursuant to Section 8 shall be specified and annexed. 21.
Extradition Act, 2014

21. Special Provisions applicable to Extradition: (1) Notwithstanding anything contained elsewhere in this Act, a fugitive accused or offender shall not be charged or punished for any other offense except for instituting proceedings in respect of the offense specified at the time of making the request for extradition.

(2) Notwithstanding anything contained in sub-section (1), if it becomes necessary to institute proceedings also in respect of another minor offense related to the offense specified at the time of making the request for extradition, the requesting State may institute proceedings against such accused or offender with the consent of the Government of Nepal. 22. Property related to Offense to be returned: (1) When extraditing a fugitive accused or offender, the Government of Nepal may return to the requesting State the property related to the offense taken into control at the time of arrest of such accused or offender in Nepal, and other property derived therefrom. Provided that property in respect of which any other person's right, claim or any other kind of liability appears to subsist shall not be returned.

(2) In the case of immovable property related to the offense of a fugitive accused or offender extradited by the Government of Nepal to the requesting State, if the relevant competent court orders confiscation, proceedings for return of such property shall be initiated.

(3) If the property to be returned under this section is in any form other than cash, it shall be sold at the prevailing market price and returned in cash. Provided that property that is to be submitted as corpus delicti in relation to the offense, or that the requesting State requests to be returned in kind, shall be returned in kind. 23. Requesting State to bear Expenses: (1) The expenses incurred in relation to extradition shall be borne by the requesting State.

(2) Notwithstanding anything contained in sub-section (1), the expenses incurred in relation to judicial proceedings shall not be borne by the requesting State. 24. Proceedings against Accused or Offender extradited to Nepal: (1) A fugitive accused or offender extradited from a foreign State upon the request of the Government of Nepal shall be subject to proceedings in accordance with prevailing law.

(2) The Government of Nepal shall inform such foreign State of the fact that proceedings have been instituted pursuant to sub-section (1). 25. Re-extradition not to be made: A fugitive accused or offender who has been extradited shall not be extradited to any other third State. 26.
Extradition Act, 2014

25. Re-extradition not to be made: A fugitive accused or offender who has been extradited shall not be extradited to any other third State. 26. Special Provision concerning Evidence: Notwithstanding anything contained in prevailing law, in respect of a case of an extraditable offense for which proceedings are instituted under this Act, the court may admit as evidence the proof, evidence and documents received from the requesting State. 27. Summary Procedure to be adopted: When conducting proceedings relating to the extradition of a fugitive accused or offender under this Act, the concerned court shall adopt the procedure in accordance with prevailing law relating to summary procedure. 28. Provision of Legal Aid: While the court conducts proceedings for the purpose of extradition of a fugitive accused or offender, if such accused or offender is unable to appoint a legal practitioner and desires one, the court may provide the facility of a legal practitioner without remuneration. 29. Power to remove Difficulties: If any difficulty arises in the implementation of this Act, the Government of Nepal may, by notification published in the Nepal Gazette, remove such difficulty. 30. Repeal and Saving: (1) The Extradition Act, 2045 is hereby repealed.

(2) If extradition proceedings have already been initiated before the commencement of this Act, the procedure under the Extradition Act, 2045 shall be followed.
Donation Act, 1974

Donation Act, 2030

Seal and Publication Date
2030.5.15

Amending Acts

1. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
2. Act to Amend Some Nepal Acts, 2054 2054.1.7
 Certification and Publication Date
3. Republic Strengthening and Amendment of Some Nepal Laws Act, 2066 2066.1.7
4. Act to Amend Some Nepal Acts, 2072 2072.11.13
5. Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 2075.1.19

Act No. 3 of the year 2030



An Act Made to Make Provisions Relating to Donations

Preamble: Whereas, it is desirable to regulate the utilization and operation of the amount of donations received from the general public for educational, social institutions and other development works in order to maintain the convenience and economic interest of the general public,

Now, therefore, His Majesty King Birendra Bir Bikram Shah Dev has enacted this Act with the advice and consent of the National Panchayat. 1. Short Title, Extent and Commencement: (1) This Act may be called the "Donation Act, 2030".

(2) This Act shall extend throughout Nepal omitted by the Republic Strengthening and Amendment of Some Nepal Laws Act, 2066..

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

(a) "Committee" means a committee constituted pursuant to Section 4.

(b) "Donation amount" means both cash and kind. 3. Prohibition on Raising Donations: (1) Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075. No person, government or non-government office or institution shall raise or receive donations from anyone except for voluntary donations without fixed rates for religious, charitable or other public works with prior approval of the Government of Nepal or the Provincial Government.

(2) Notwithstanding anything contained in Sub-section (1), donations may be raised under this Act from the Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075. provincial level committee constituted pursuant to Section 4, specifically for educational, social institutions and other development works, with the purpose of spending in accordance with the rules made under this Act. 4.
Donation Act, 1974

4. Constitution of Donation Collection Committee: (1) If it appears necessary and appropriate to raise donations pursuant to Sub-section (2) of Section 3, the Government of Nepal may, by publishing a notice in the Nepal Gazette, Added by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075. and the Provincial Government, by publishing a notice in the Provincial Gazette, constitute a Donation Collection Committee Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075. comprising a maximum of eleven members nominated by the Government of Nepal and a maximum of seven members nominated by the Provincial Government, ensuring representation from local industry and commerce associations and educational associations and institutions.

(2) The term of office of the Chairperson and members of the committee constituted pursuant to Sub-section (1) and the procedure for meetings of the committee shall be as specified in the notice published at the time of constituting the said committee.

(3) If the Committee deems necessary, it may constitute district level sub-committees under the chairpersonship of the Chief of the concerned Amended by the Act to Amend Some Nepal Acts, 2072. District Coordination Committee. 5. Approval Must Be Obtained Before Raising Donations: After the Committee determines the amount to be raised from donations and the method of raising such amount, it shall prepare a detailed description of the work or plan on which such amount will be expended and submit it for approval to the Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075. Government of Nepal or the Provincial Government, and only after obtaining approval shall donations be raised accordingly. 6. Donation Receipt: While raising donations under this Act, donation receipts shall be printed as follows, and donations shall be raised only on the basis of such receipts.

(a) The name and address of the printing press printing the donation receipt must be printed on the receipt.

(b) The donation receipt must have a serial number.

(c) Three copies of the receipt must be compulsorily printed on each page of the donation book. Out of those three copies, one copy must be given to the donor, one copy must remain with the donation collector, and one copy must be sent to or remain in the office of the Auditor General.

(d) In the receipt printed for donation collection, the words 'Cash' and 'Kind' given by the donor must also be printed by the printing press.

(e) Each receipt of donation must bear the stamp of the Committee's office and the signature of the Member Secretary as an endorsement. 7.
Donation Act, 1974

7. Accounts of Donation: (1) Accounts of donations raised or to be raised under this Act shall be kept in accordance with the general financial regulations of the Government of Nepal.

(2) The accounts kept pursuant to Sub-section (1) must also be audited at least once in a fiscal year, like the accounts of the Government of Nepal, by a government or non-government institution or person designated by the Auditor General, and the audit report must be published for the information of the general public.

(3) It shall be the duty of the Member Secretary of the Committee to keep the donation amounts raised under this Act safe in the following manner:

(a) In the case of cash part of the donation amount raised under this Act, it must be deposited in the nearest Nepal Rastra Bank or any commercial bank or in the revenue and treasury office, and the operation of the account must be done by the joint signatures of the Chairperson and Member Secretary of the Committee.

(b) In relation to kind, a complete description including measurement and weight must be prepared, and full arrangements must be made to prevent loss or misappropriation and stored safely.

(4) With regard to works commenced from donations raised before the commencement of this Act which have not been completed, records must be kept and accounts published under this Act.

(5) A complete register must be prepared stating how many receipts have been printed for raising donations and what the serial numbers of the receipts are.

(6) When distributing donation receipt books, distribution must be done only after obtaining an acknowledgment containing full details.

(7) Records kept under this Act must be presented for inspection when requested by the Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075. Government of Nepal, Provincial Government, Auditor, or the Committee, and must be settled within thirty-five days from the receipt of such request, or within such extended period as the Committee may specify. 8. Utilization of Donation: (1) The procedure for utilization and collection of the donation amount raised under this Act shall be managed by the Committee itself, subject to Sub-section (2) of Section 3.

(2) Omitted by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075. 9.
Donation Act, 1974

9. Transfer of Donation Amount: If the work for which donations were raised under this Act is to be carried out from some other source or if, for some reason, its implementation does not take place, and if the donation amount so raised is to be transferred for use in some other work, approval of the Government of Nepal must be obtained. Added by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075.Provided that, if the donation amount raised by a committee constituted by the Provincial Government is to be transferred, approval of the Provincial Government must be obtained. 10. Publication of Details of Donation: A statement of income and expenditure of donations raised under this Act, along with details of the work done from such donations, must be published once in each fiscal year. 11. Collection of Donation: While raising donations under this Act, the person collecting donations must clearly write the amount, in figures or words, or the measurement and weight as necessary, of the donation given by the donor on the three copies of the receipt and sign them. Provided that, writing or signing with ink pencil or other erasable ink is prohibited. 12. Government of Nepal or Provincial Government May Give Directions: Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075. (1) The Government of Nepal may give necessary directions to the Committee.

(2) The Provincial Government may give necessary directions to the committee constituted by the Provincial Government.

(3) It shall be the duty of the concerned Committee to comply with the directions given pursuant to Sub-section (1) or (2). 13. Punishment: A person who raises donations in contravention of this Act or the rules made under this Act, or by coercion, shall be liable to imprisonment for a term up to two years or a fine up to two thousand rupees or both, and the donation amount so raised shall also be recovered from him as a government due. 14. Government to be Plaintiff and Authority to Hear Cases: The Government of Nepal shall be the plaintiff in cases under this Act, and the authority for the initial proceedings and final adjudication of such cases shall be Amended by the Judicial Administration Reform (Fourth Amendment) Act, 2043. the District Court. 15. Power to Make Rules: The Government of Nepal may make rules for the purpose of implementing the objectives of this Act. 16. Repeal: The Donation Rules, 2024 are hereby repealed.
Election Constituency Delimitation Act, 2017

Election Constituency Determination Act, 2073

Certification and Publication Date
2073.12.11

Preamble: Whereas it is desirable to make necessary provisions relating to the determination of election constituencies for the purpose of electing members of the House of Representatives and members of the Provincial Assembly,

The Legislature-Parliament, pursuant to Sub-article (1) of Article 296 of the Constitution of Nepal, has enacted this Act. 1. Short Title and Commencement: (1) This Act may be called the "Election Constituency Determination Act, 2073."

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

(a) "Commission" means the Election Constituency Determination Commission constituted pursuant to Sub-article (1) of Article 286 of the Constitution.

(b) "House of Representatives" means the House of Representatives constituted pursuant to Article 84 of the Constitution.

(c) "Provincial Assembly" means the Provincial Assembly constituted pursuant to Article 176 of the Constitution.

(d) "Constitution" means the Constitution of Nepal. 3. Determination of Constituency for Election of Member of House of Representatives: (1) The Commission shall, while determining constituencies for the election of members of the House of Representatives, determine one hundred sixty-five election constituencies on the basis of population, geographical suitability, and specificity, pursuant to Clause (a) of Sub-article (1) of Article 84 of the Constitution.

(2) The Commission shall, pursuant to Sub-section (1), determine election constituencies in such a manner that each district has at least one election constituency.

(3) If, based on population pursuant to this Section, more than one election constituency is to be determined in a district, the Commission shall, taking into account the aspects mentioned in Sub-article (6) of Article 286 of the Constitution, determine them in such a manner that the ratio of population of all election constituencies within such district is as equal as possible. Provided that no election constituency shall be determined so as to include the area of one district within another district.

(4) While determining election constituencies pursuant to Sub-section (3), no ward of a municipality or rural municipality shall be determined so as to fall within more than one election constituency. 4.
Election Constituency Delimitation Act, 2017

4. Determination of Constituency for Election of Member of Provincial Assembly: (1) The Commission shall, pursuant to Clause (a) of Sub-article (1) of Article 176 of the Constitution, determine election constituencies for the election of members of the Provincial Assembly in such a manner that the number of such constituencies equals twice the number of election constituencies determined for the election of members of the House of Representatives in the relevant Province pursuant to Section 3.

(2) The Commission shall, pursuant to Sub-section (1), determine election constituencies in such a manner that each district has at least two election constituencies.

(3) If, based on population pursuant to this Section, more than one election constituency is to be determined in a district, the Commission shall, taking into account the matters mentioned in Sub-article (6) of Article 286 of the Constitution, determine them in such a manner that the ratio of population of all election constituencies within such district is as equal as possible.

(4) Notwithstanding anything contained in Sub-section (3), election constituencies shall not be determined in the following manner:-

(a) so as to include the area of one district within another district,
(b) so as to include one election constituency of the House of Representatives with another election constituency, or
(c) so as to cause any ward of a municipality or rural municipality to fall within more than one election constituency. 5. Population to be the Primary and Geography the Secondary Basis: (1) While determining election constituencies pursuant to this Act, population shall be taken as the primary basis and geography as the secondary basis.

(2) While taking population as the basis for the determination of election constituencies pursuant to Sub-section (1), the population of each district as ascertained from the immediately preceding national census shall be the basis. 6. Consultation: (1) The Commission may, while determining election constituencies pursuant to this Act, consult with local residents, experts on relevant subjects, and political parties.

(2) The Commission may, for the purposes of Sub-section (1), summon any person to the Commission and consult as necessary.

(3) No question shall be raised in any court concerning whether the Commission has or has not consulted anyone pursuant to this Section. 7. Financial Arrangement: The Ministry of Finance shall make available the funds required for the work of the Commission. 8. Coordination: The Commission shall, while performing its functions, coordinate with the concerned bodies. 9. Delegation of Power: The Commission may, as required, delegate any of its powers to the Chairperson, member, Member-Secretary, or any officer-level employee of the Government of Nepal. Provided that the power relating to determining election constituencies shall not be delegated. 10.
Election Constituency Delimitation Act, 2017

9. Delegation of Power: The Commission may, as required, delegate any of its powers to the Chairperson, member, Member-Secretary, or any officer-level employee of the Government of Nepal. Provided that the power relating to determining election constituencies shall not be delegated. 10. Obligation to Render Assistance: If the Commission requests assistance in the course of performing its functions, all concerned shall provide necessary assistance to the Commission. 11. Submission of Report: (1) The Commission shall, after completing its work relating to the determination of election constituencies, submit its report thereon to the Government of Nepal.

(2) The Government of Nepal shall, within fifteen days, send the report submitted by the Commission pursuant to Sub-section (1) to the Election Commission. 12. Publication of Notice in Nepal Gazette: The Election Commission shall publish a notice in the Nepal Gazette regarding the determination of election constituencies pursuant to this Act. 13. Liaison Ministry: The Commission shall, when liaising with the Government of Nepal, do so through the Office of the Prime Minister and Council of Ministers. 14. Documents of the Commission: After the completion of the proceedings of the Commission, the Member-Secretary of the Commission shall submit the records and other documents of the Commission to the Election Commission.
Lumbini Buddhist University Act, 2006

Lumbini Buddhist University Act, 2063 (2007)

Certification and Publication Date
2063.07.20

Amending Acts

1. This Act came into force from Jestha 15, 2064. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.10.07
2. Some Nepal Acts Amendment Act, 2072 (2015) 2072.11.13
3. Act Made to Amend Some Nepal Acts Relating to Education, 2077 (2020) 2077.03.11
4. Some Nepal Acts Amendment Act, 2082 (2025) 2082.04.14

Act No. 16 of the year 2063 (2007)

An Act Made to Make Provision Relating to Lumbini Buddhist University

Preamble: Whereas, it is desirable to establish and make provision for Lumbini Buddhist University to operate higher level teaching institutions for the study, teaching, and research of Buddhist philosophy, literature, education, and culture, as well as other subjects, by accepting and following the teachings of Lord Gautam Buddha as a guiding message for world peace, promoting peace, brotherhood, friendship, and goodwill, maintaining quality in education, and amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. omitted by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. Now, therefore, the House of Representatives has enacted this Act in the first year of the issuance of the Proclamation of the House of Representatives, 2063 (2006). Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Lumbini Buddhist University Act, 2063 (2007)."

(2) This Act shall be deemed to have commenced from Baisakh 23, 2063 (May 7, 2006). 2. Definition: Unless the subject or context otherwise requires, in this Act,-

(a) "University" means the Lumbini Buddhist University established pursuant to Section 3.

(b) "Senate" means the University Senate pursuant to Section 7.

(c) "Academic Council" means the Academic Council pursuant to Section 10.

(d) "Executive Council" means the Executive Council pursuant to Section 12.

(e) "Faculty" means the Faculty pursuant to Section 14.

(f) "Faculty Board" means the Faculty Board pursuant to Section 15.

(g) "Campus" means a constituent campus of the University, and the term shall also include campuses affiliated with the University.

(h) "Dean" means the head of a Faculty.

(i) "Teacher" means a Professor, Associate Professor, Assistant Professor, or Lecturer imparting education or conducting or guiding research at the University, and the term shall also include instructors of various levels of the University and any other person designated as a Teacher by the rules made under this Act.

(j) "Prescribed" or "as prescribed" means prescribed or as prescribed by the rules made under this Act. Chapter-2
Provisions Relating to Establishment of the University

3. Establishment of the University: (1) Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077.
Lumbini Buddhist University Act, 2006

Chapter-2
Provisions Relating to Establishment of the University

3. Establishment of the University: (1) Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. Lumbini Buddhist University is established to operate higher level teaching institutions for the study, teaching, and research of Buddhist philosophy, literature, education, and culture, as well as other subjects.

(2) The central office of the University shall be located in the Lumbini area of Rupandehi District. 4. University to be an Autonomous Corporate Body: (1) The University shall be an autonomous corporate body with perpetual succession.

(2) The University shall have its own separate seal for all its acts and proceedings.

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

(4) The University may, like an individual, sue and be sued in the same name. Chapter-3
Provisions Relating to the Organizational Structure and Office-Bearers of the University

5. Organization of the University: The organization of the University shall be as follows, and their collective form shall constitute the structure of the University:-

(a) Senate,
(b) Academic Council,
(c) Executive Council,
(d) Faculty,
(e) Faculty Board,
(f) Campus, and
(g) Other bodies as prescribed. 6. Office-Bearers of the University: The University shall have the following office-bearers:-

(a) Chancellor,
(b) Pro-Chancellor,
(c) Vice-Chancellor,
(d) Registrar,
(e) Dean,
(f) Campus Chief,
(g) Other office-bearers as prescribed. Chapter-4
Provisions Relating to the University Senate

7. Formation of the Senate: (1) There shall be a Senate as the supreme body of the University.

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

(a) Chancellor - Chairperson
(b) Pro-Chancellor - Vice-Chairperson
(c) Vice-Chancellor - Member
(d) Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
(e) Member, National Planning Commission (looking after education) - Member
(f) Two Vice-Chancellors from among the Vice-Chancellors of other universities - Member
(g) Chairperson, University Grants Commission - Member
(h) Secretary, Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. Ministry of Education, Science and Technology - Member
(i) Secretary, Ministry of Finance - Member
(j) Secretary, Ministry of Culture, Tourism and Civil Aviation - Member
(k) Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. Chief Secretary of the concerned Provincial Government - Member
(l) Vice-Chairperson, Lumbini Development Fund - Member
(m) Dean - Member
(n) Two from among the Campus Chiefs - Member
(o) One from among the Teachers - Member
(p) Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077.
Lumbini Buddhist University Act, 2006

Representative of the University Teachers' Association - Member
(q) Omitted by the Some Nepal Acts Amendment Act, 2072.
(r) Fourteen from among the renowned scholars of Buddhist philosophy, literature, education, and culture, amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. including at least one woman from each province - Member
(s) Seven from among the representatives of nationally and internationally recognized institutions related to Buddhist philosophy, including at least three women - Member
(t) Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. Two from among the donors on an inclusive basis - Member
(u) One from among education enthusiasts and social workers - Member
(v) Registrar - Member-Secretary

(3) Members other than the ex-officio members of the Senate shall be nominated by the Chancellor on the recommendation of the Executive Council.

(4) The term of office of nominated members of the Senate shall be three years.

(5) If the office of a nominated member of the Senate falls vacant for any reason, another person shall be nominated for the remaining period after fulfilling the procedure pursuant to Sub-section (3). 8. Meeting of the Senate: (1) The meeting of the Senate shall be held at least twice a year.

(2) The meeting of the Senate shall be held at the date, time, and place fixed by the Chairperson of the Senate.

(3) Notice of the meeting along with the agenda of subjects to be discussed shall be given to all members by the Member-Secretary of the Senate at least fifteen days before the meeting.

(4) If more than fifty percent of the members for the time being holding office are present in the Senate, the meeting of the Senate shall be deemed to have constituted a quorum.

(5) The meeting of the Senate shall be presided over by the Chairperson of the Senate, and in his/her absence, by the Vice-Chairperson of the Senate. In the absence of both the Chairperson and the Vice-Chairperson of the Senate, the Vice-Chancellor shall preside over the meeting of the Senate.

(6) The decision of the majority in the meeting of the Senate shall prevail, and in case of a tie, the person presiding over the meeting shall have a casting vote.

(7) Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077. The person presiding over the meeting of the Senate shall certify the decision of the meeting.

(8) Other procedures relating to the meeting of the Senate shall be as determined by the Senate itself. 9.
Lumbini Buddhist University Act, 2006

The person presiding over the meeting of the Senate shall certify the decision of the meeting.

(8) Other procedures relating to the meeting of the Senate shall be as determined by the Senate itself. 9. Functions, Duties, and Powers of the Senate: The functions, duties, and powers of the Senate shall be as follows:-

(a) To formulate policies of the University,
(b) To guide the University,
(c) To operate and manage the academic programs of the University,
(d) To do or cause to do necessary work relating to the establishment and affiliation of campuses,
(e) To determine and confer various degrees to be awarded by the University,
(f) To issue directives and guidance to the constituent campuses of the University and campuses affiliated with the University,
(g) To determine educational and administrative policies of various bodies under the University,
(h) To form various committees, sub-committees, or task forces as required by the University,
(i) To approve the annual budget and programs of the University,
(j) To discuss the annual reports of bodies under the University and evaluate programs,
(k) To discuss and approve the audit report of the University,
(l) To pass rules relating to the University,
(m) To determine the service conditions of the office-bearers, teachers, and employees of the University,
(n) To protect or cause to protect the property of the University,
(o) To perform other functions as prescribed. Chapter-5
Provisions Relating to the Academic Council

10. Formation of the Academic Council: (1) There shall be an Academic Council to function as the academic and scholarly body of the University.

(2) The formation of the Academic Council shall be as follows:-

(a) Vice-Chancellor — Chairperson
(b) Registrar — Member
(c) Five from among the Chairpersons of various subject committees of the University — Member
(d) One from among the Teachers — Member
(e) Two persons, including one woman, from among those who have made significant contributions in the fields of Buddhist philosophy, literature, education, and culture — Member
(f) Dean — Member-Secretary

(3) Members other than the ex-officio members of the Academic Council shall be nominated by the Chancellor on the recommendation of the Executive Council.

(4) The term of office of nominated members of the Academic Council shall be three years.

(5) Notwithstanding anything contained in Sub-section (4), if the work of any nominated member of the Academic Council is not found satisfactory, the Chancellor may remove him/her at any time on the recommendation of the Executive Council.
Lumbini Buddhist University Act, 2006

Provided that he/she shall not be deprived of an opportunity to submit a defense before such removal.

(6) If the office of a nominated member of the Academic Council falls vacant for any reason, another person shall be nominated for the remaining period after fulfilling the procedure pursuant to Sub-section (3).

(7) The procedure relating to the meeting of the Academic Council shall be as prescribed. 11. Functions, Duties, and Powers of the Academic Council: The functions, duties, and powers of the Academic Council shall be as follows:-

(a) To determine and approve the curriculum of the University,
(b) To prescribe the types of examinations to be conducted under the University,
(c) To determine the eligibility criteria and number of student admissions,
(d) To formulate research policies and grant approval to research programs,
(e) To evaluate the academic programs of students,
(f) To determine the standards of teaching and research,
(g) To make provision for honorary degrees,
(h) To perform other functions as prescribed. Chapter-6
Provisions Relating to the Executive Council

12. Formation of the Executive Council: (1) There shall be an Executive Council to function as the executive body of the University.

(2) The formation of the Executive Council shall be as follows:-

(a) Vice-Chancellor — Chairperson
(b) Dean — Member
(c) One from among the Campus Chiefs who are members of the Senate — Member
(d) One from among the renowned local scholars of Buddhist philosophy, literature, education, and culture — Member
(e) Two Teachers, including one woman — Member
(f) Registrar — Member-Secretary

(3) Members pursuant to Clauses (b), (c), (d), and (e) of Sub-section (2) shall be nominated by the Chancellor on the recommendation of the Vice-Chancellor.

(4) The term of office of nominated members of the Executive Council shall be three years.

(5) Notwithstanding anything contained in Sub-section (4), if the work of any nominated member of the Executive Council is not found satisfactory, the Chancellor may remove him/her at any time on the recommendation of the Vice-Chancellor. Provided that he/she shall not be deprived of an opportunity to submit a defense before such removal.

(6) If the office of a nominated member falls vacant for any reason, another person shall be nominated for the remaining period after fulfilling the procedure pursuant to Sub-section (3).

(7) The procedure relating to the meeting of the Executive Council shall be as prescribed. Provided that until rules required to be made under this Act are made, the procedure relating to the meeting of the Executive Council shall be as determined by the Council itself. 13.
Lumbini Buddhist University Act, 2006

Provided that until rules required to be made under this Act are made, the procedure relating to the meeting of the Executive Council shall be as determined by the Council itself. 13. Functions, Duties, and Powers of the Executive Council: The functions, duties, and powers of the Executive Council shall be as follows:-

(a) To implement or cause to implement the decisions and directives of the Senate,
(b) To prepare the annual program, budget, progress report, audit report, and other proposals of the University and submit them to the Senate for approval,
(c) To operate, manage, and control the Fund and movable and immovable property of the University,
(d) Subject to the policy directives of the Senate, to sell and give on contract or lease the movable and immovable property of the University,
(e) To coordinate, oversee, and inspect the programs conducted by the University and submit a report thereof to the Senate,
(f) To prepare a draft of rules relating to the University and submit them to the Senate for approval,
(g) To appoint and promote teachers and employees required for the University as prescribed,
(h) To accept donations, endowments, financial and other assistance received by the University,
(i) To determine student fees, and
(j) To perform other functions as prescribed. Chapter-7
Provisions Relating to Faculty, Campus, and Other Bodies

14. Faculty: (1) There shall be a Faculty as prescribed for the prescribed subjects of higher education to be conducted by the University.

(2) The functions, duties, and powers of a Faculty shall be as prescribed. 15. Formation of Faculty Board: (1) In a Faculty, a Faculty Board as prescribed shall be formed for conducting educational and academic programs.

(2) There shall be subject committees as prescribed under the Faculty Board.

(3) The functions, duties, and powers of the Faculty Board and the subject committees thereunder, and the procedure relating to meetings, shall be as prescribed. 16. Establishment and Operation of Campuses: (1) The University may establish and operate campuses for the purpose of providing higher education.

(2) The provisions relating to campuses established and operated by the University pursuant to Sub-section (1) shall be as prescribed. 17. Affiliation with the University: (1) If any domestic or foreign campus desires to operate by obtaining affiliation from the University, the University may grant affiliation to such campus.

(2) A campus obtaining affiliation pursuant to Sub-section (1) shall pay the affiliation fee fixed by the University to the University every year.

(3) A campus obtaining affiliation pursuant to Sub-section (1) shall comply with the conditions prescribed by the University. 18.
Lumbini Buddhist University Act, 2006

18. Other Bodies May Exist: (1) In the University, in addition to those mentioned in this Act, other bodies as prescribed may exist.

(2) Provisions relating to the establishment and operation of a body pursuant to Sub-section (1) shall be as prescribed. Chapter-8
Provisions Relating to Office-Bearers of the University

19. Chancellor: (1) The Prime Minister shall be the Chancellor of the University.

(2) The Chancellor shall be the head of the University and the Chairperson of the Senate.

(3) The Chancellor may inspect any matter relating to the University and issue necessary directives to the University. 20. Pro-Chancellor: (1) Minister for Education, Science and Technology shall be the Pro-Chancellor of the University.

(2) The Pro-Chancellor may, as required, inspect the University and issue directives to the University. 21. Vice-Chancellor: (1) The Vice-Chancellor shall be the chief office-bearer of the University working full-time.

(2) A committee comprising two members of the Senate under the chairpersonship of the Pro-Chancellor shall be formed by the Chancellor to submit a recommendation for appointment to the post of Vice-Chancellor, and the Vice-Chancellor shall be appointed by the Chancellor on the recommendation of that committee.

(3) The term of office of the Vice-Chancellor shall be four years.

(4) The remuneration, facilities, and other service conditions of the Vice-Chancellor shall be as prescribed. 22. Functions, Duties, and Powers of the Vice-Chancellor: (1) The functions, duties, and powers of the Vice-Chancellor shall be as follows:-

(a) To oversee and control all activities of the University,
(b) To implement or cause to implement the decisions and directives of the Senate,
(c) To submit proposals on all subjects to be presented to the Senate,
(d) To formulate or cause to formulate short-term or long-term programs for the development of the University,
(e) To represent or cause to represent the University in various bodies,
(f) To make arrangements for resources required by the University.

(2) Except for the functions mentioned in this Act or the rules made under this Act as to be performed by any body or office-bearer, other functions shall be performed by the Vice-Chancellor. If the Vice-Chancellor performs any such function, he/she shall immediately inform the Chancellor thereof, and get it ratified at the next meeting of the Senate held immediately after that.

(3) Other functions, duties, and powers of the Vice-Chancellor shall be as prescribed. 23.
Lumbini Buddhist University Act, 2006

If the Vice-Chancellor performs any such function, he/she shall immediately inform the Chancellor thereof, and get it ratified at the next meeting of the Senate held immediately after that.

(3) Other functions, duties, and powers of the Vice-Chancellor shall be as prescribed. 23. Registrar: (1) The Registrar shall be an office-bearer working full-time in the University.

(2) The Registrar shall be appointed by the Chancellor on the recommendation of the Vice-Chancellor.

(3) The academic, financial, and employee administration of the University shall be under the general supervision of the Registrar.

(4) The term of office of the Registrar shall be four years.

(5) Other functions, duties, and powers, remuneration, facilities, and service conditions of the Registrar shall be as prescribed. Added by the Act Made to Amend Some Nepal Acts Relating to Education, 2073. (6) The Registrar shall keep records of the decisions or orders of the Senate. A copy of such decision or order shall be sent to the Chancellor. 24. Dean: (1) The Dean shall be the chief office-bearer working full-time in the Faculty.

(2) The Dean shall be appointed by the Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2073. Executive Council.

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

(4) The functions, duties, and powers, remuneration, facilities, and other service conditions of the Dean shall be as prescribed. 25. Other Office-Bearers: (1) The University may have Campus Chiefs and other office-bearers as prescribed.

(2) The appointment, functions, duties, and powers, remuneration, facilities, and service conditions of office-bearers pursuant to Sub-section (1) shall be as prescribed. 26. Provisions Relating to Teachers and Employees: (1) The University shall have teachers and employees as prescribed.

(2) There shall be a Recruitment Committee as prescribed to make recommendations for the appointment and promotion of teachers and employees.

(3) The appointment, functions, duties, and powers, remuneration, facilities, and service conditions of teachers and employees pursuant to Sub-section (1) shall be as prescribed. 27. Vacation of Office: The office of an office-bearer of the University shall be deemed vacant in the following circumstances:-

(a) Upon his/her death,
(b) Upon his/her submission of resignation to the appointing authority,
(c) Upon his/her being convicted by a court on a criminal charge involving moral turpitude,
(d) Upon his/her being proven mentally unsound, or
(e) Upon his/her removal from office under this Act. 28.
Lumbini Buddhist University Act, 2006

28. Removal from Office: (1) If one-fourth of the members for the time being holding office in the Senate submit a written application to the Chancellor stating that the Vice-Chancellor, Registrar, or Dean has failed to fulfill the responsibilities commensurate with his/her office or has not behaved in a manner befitting the office, the Chancellor shall form a three-member investigation committee comprising a member of the University Grants Commission and the Secretary of the Amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2073. Ministry of Education, Science and Technology, under the chairpersonship of any member of the Senate.

(2) The investigation committee formed pursuant to Sub-section (1) shall make necessary investigation in that regard and submit its report to the Chancellor within thirty days.

(3) Upon receipt of the report pursuant to Sub-section (2), the Chancellor shall present that report to the Senate.

(4) Upon discussion of the report submitted pursuant to Sub-section (2), if more than fifty percent of the members for the time being holding office in the Senate, among the members present at the meeting of the Senate, decide to remove him/her, the Chancellor shall remove the Vice-Chancellor, Registrar, or Dean from office. Provided that he/she shall not be deprived of an opportunity to submit a defense before such removal.

(5) If an investigation has commenced against any office-bearer under this Section, he/she shall not be allowed to perform the functions of the office he/she holds until a final decision is made.

(6) The procedure to be adopted while investigating or removing other office-bearers of the University, other than the Vice-Chancellor, Registrar, or Dean, on charges pursuant to Sub-section (1) shall be as prescribed. Added by the Act Made to Amend Some Nepal Acts Relating to Education, 2073. (7) For the purpose of performing routine functions to be carried out by an office-bearer pursuant to Sub-section (6), the Chancellor may assign responsibility to any office-bearer of the University. Chapter-9
Provisions Relating to the Fund and Audit of the University

29.