chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Remuneration and Facilities of President and Vice-President Act, 2017

8. Facility Regarding Private Physician: The Government of Nepal shall arrange one private physician each for the President and Vice-President. 9. Medical Treatment Expenses: (1) The Government of Nepal shall bear the medical treatment expenses incurred when the President or Vice-President is hospitalized and undergoes treatment within the country or, if treatment is not possible in Nepal and upon the recommendation of a medical board, goes abroad for treatment.

(2) If an attendant is required when the President or Vice-President is hospitalized and undergoing treatment, the Government of Nepal shall provide reasonable expenses for up to three attendants as attendant expenses.

(3) The Office of the Prime Minister and Council of Ministers shall pay the amount for medical treatment expenses pursuant to Sub-section (1) to the hospital where the President or Vice-President is admitted. 10. Festival Expenses: (1) The President and Vice-President shall receive an amount equal to one month's remuneration drawn by them as festival expenses each year for the festivals celebrated according to their religion, culture, and tradition.

(2) The President and Vice-President may receive the amount pursuant to Sub-section (1) once in a fiscal year. 11. Daily Allowance and Travel Expenses: (1) The Government of Nepal shall bear all expenses when the President or Vice-President travels within the country or abroad in the course of official work related to his/her office.

(2) The President or Vice-President shall receive daily allowance as specified in Schedule-2 while traveling within the country or abroad. 12. Insurance Facility: The President and Vice-President shall receive insurance facility as specified in Schedule-2 while traveling within the country or abroad in the course of official work. 13. Provision Regarding Experts: (1) The President and Vice-President may appoint a maximum of seven and five experts respectively to assist in their official work.

(2) The monthly remuneration and facilities to be received by the experts appointed pursuant to Sub-section (1) shall be as determined by the Government of Nepal by publishing a notice in the Nepal Gazette.

(3) The experts appointed by the President and Vice-President at the time of commencement of this Act shall be deemed to have been appointed under this Act. 14.
Remuneration and Facilities of President and Vice-President Act, 2017

14. Provision Regarding Private Secretariat: (1) The Private Secretariat of the President and Vice-President shall consist of employees as per Schedule-3.

(2) Employees working in the Private Secretariat pursuant to Sub-section (1) shall receive remuneration and facilities as determined by the Government of Nepal.

(3) The employees appointed and working in the Private Secretariat of the President and Vice-President at the time of commencement of this Act shall be deemed to have been appointed under this Act.

(4) The Government of Nepal shall arrange for the furniture and other physical resources and means required for the Private Secretariat of the President and Vice-President. 15. Oath: Before assuming their respective offices, the President shall take an oath of office and secrecy before the Chief Justice, and the Vice-President shall take such an oath before the President, in the format as per Schedule-4. 16. Immunity from Legal Proceedings: No legal proceedings shall be instituted in any court against the President or Vice-President during their term of office or after retirement regarding any acts performed in their official capacity. 17. Contact with Government of Nepal: The Office of the President and Vice-President shall maintain contact with the Government of Nepal through the Office of the Prime Minister and Council of Ministers. 18. Amendment to Schedule: The Government of Nepal may make necessary amendments to the Schedule by publishing a notice in the Nepal Gazette. Schedule-1
(Relating to Sub-section (1) of Section 2 and Section 6)
Remuneration and Attire Facility for the President and Vice-President

 S.No. Subject For President For Vice-President

 1. Remuneration Per month Rs. 1,50,450.- Per month Rs. 1,08,030.-
 2. Attire Facility Per year Rs. 25,000.- Per year Rs. 20,000.-

Schedule-2

(Relating to Sub-section (2) of Section 11 and Section 12)

Daily Allowance and Insurance for the President and Vice-President

 S.No. Description Amount

 1. Daily allowance rate for travel within the country Rs. 3,300.-
 2. Daily allowance rate for travel abroad US $ 250.-
 3. Insurance Rs. 25,00,000.-

Note:

1. An additional thirty-three percent of the specified rate shall be provided for travel to European countries, Australia, New Zealand, America, Canada, Kuwait, Korea, Japan, Hong Kong, Russia, Qatar, Zambia, U.A.E., Singapore, Lebanon, Bahrain.
Remuneration and Facilities of President and Vice-President Act, 2017

3,300.-
 2. Daily allowance rate for travel abroad US $ 250.-
 3. Insurance Rs. 25,00,000.-

Note:

1. An additional thirty-three percent of the specified rate shall be provided for travel to European countries, Australia, New Zealand, America, Canada, Kuwait, Korea, Japan, Hong Kong, Russia, Qatar, Zambia, U.A.E., Singapore, Lebanon, Bahrain. Schedule-3

(Relating to Sub-section (1) of Section 14)

Employees of the Private Secretariat of the President and Vice-President

 Employee Position Description President Vice-President

 (a) Chief Private Secretary (Equivalent to Special Class of Nepal Service) 1 1
 (b) Private Press Secretary (Equivalent to Special Class of Nepal Service) 1 -
 (c) Joint Private Secretary (Equivalent to First Class of Nepal Service) 3 1
 (d) Private Press Coordinator (Equivalent to First Class of Nepal Service) - 1
 (e) Deputy Private Secretary (Equivalent to Second Class of Nepal Service) 2 1
 (f) Private Officer (Equivalent to Third Class of Nepal Service) 6 2
 (g) Staff Nurse (Equivalent to Health Service Fifth Level) 2 -
 (h) Computer Assistant (Equivalent to Non-gazetted First Class of Nepal Service) 2 1
 (i) Photographer (Equivalent to Non-gazetted First Class of Nepal Service) 1 1
 (j) Telephone Operator (Equivalent to Non-gazetted First Class of Nepal Service) 2 -
 (k) Telephone Operator (Equivalent to Non-gazetted Second Class of Nepal Service) - 1
 (l) Driver (Non-classified) 4 3
 (m) Office Assistant 7 3

Schedule-4

(Relating to Section 15)

Amended by Some Nepal Acts Amendment Act, 2075.Format for Taking Oath

I, , do solemnly affirm / take an oath in the name of God that, remaining completely loyal to the country and the people, and with truth and integrity, remaining fully faithful to the Constitution of Nepal, wherein the state authority and sovereignty of Nepal are vested in the Nepali people, I will perform the duties of the office of under the existing law, with the welfare of the country and the people in mind, without fear of anyone, without bias, without prejudice or ill will, with honesty, and that I shall not, during my tenure in office or afterwards, in any manner whatsoever, reveal or divulge, except in the course of complying with the law, any matters that come to my knowledge in the course of performing my duties and which are required to be kept confidential under the existing law. Date:

Name:
Signature:
National Assembly Member Election Act, 2018

Chapter-1

Preliminary

1. Short title and commencement: (1) This Act may be called the "National Assembly Member Election Act, 2075".

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

(a) "Court" means the constitutional bench of the Supreme Court pursuant to sub-section (1) of Article 137 of the Constitution.

(b) "Minority community" means ethnic, linguistic and religious groups as specified by the Government of Nepal by publishing a notice in the Nepal Gazette, remaining under clause (a) of sub-section (1) of Article 306 of the Constitution, based on the national census held immediately before the election.

(c) "Commission" means the Election Commission pursuant to Article 245 of the Constitution.

(d) "Candidate" means a person nominated as a candidate for member of the National Assembly pursuant to Section 16.

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

(f) "Party" means a political party registered with the Commission for the purpose of election, and the term also denotes a group of parties jointly participating in an election under a single election symbol.

(g) "Electoral college" means the electoral college pursuant to Section 4.

(h) "Election" means the election for members of the National Assembly pursuant to clause (a) of sub-section (2) of Article 86 of the Constitution, and the term also denotes a by-election held when the seat of an elected member becomes vacant.

(i) "Election Officer" means the Election Officer appointed pursuant to Section 7, and the term also denotes the Assistant Election Officer.

(j) "Election agent" means the election agent appointed pursuant to Section 29.

(k) "Voter" means the Provincial Assembly member, Chairperson and Vice-Chairperson of the Rural Municipality, and Mayor and Deputy Mayor of the Municipality whose names are included in the electoral college pursuant to Section 4.

(l) "Polling Officer" means the Polling Officer appointed pursuant to Section 10.

(m) "Ballot paper" means the ballot paper arranged for voting in an election, and the term also denotes, where voting is arranged by electronic device, the ballot paper used in such electronic device or the digital ballot paper installed in such device.

(n) "Ballot box" means the ballot box arranged by the Commission for placing the ballot paper with the recorded vote, and the term also denotes, where voting is done by electronic device, the electronic device that records the vote cast in such a manner.

(o) "National Assembly" means the National Assembly formed pursuant to Article 86 of the Constitution.

(p) "Member" means a member of the National Assembly.

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

Election of Members and Election Program

3.
National Assembly Member Election Act, 2018

Chapter-2

Election of Members and Election Program

3. Election of Members: Added by Some Nepal Acts Amendment Act, 2075.(1) The electoral college formed in each Province shall, by secret ballot, elect eight members from each Province as follows for the election of members to be elected pursuant to clause (a) of sub-section (2) of Article 86 of the Constitution:-

(a) three persons securing the highest number of votes on the basis of one vote each given for members representing the women group,

(b) one person securing the highest number of votes on the basis of one vote given for the member representing the Dalit group,

(c) one person securing the highest number of votes on the basis of one vote given for the member representing persons with disabilities or minority community,

(d) three persons securing the highest number of votes on the basis of one vote each given for other members other than those mentioned in clauses (a), (b) and (c). Added by Some Nepal Acts Amendment Act, 2075.(2) Notwithstanding anything contained in sub-clauses (a) and (d) of sub-section (1), when the seat of any member elected pursuant to that clause becomes vacant for any reason and a by-election is held, or when the term as determined pursuant to sub-section (3) of Article 86 of the Constitution expires and an election is to be held for only one member of a group, one person securing the highest number of votes on the basis of one vote given by voters, from the same group and in the same manner as the person was elected, shall be elected. 4. Electoral college: (1) There shall be one electoral college consisting of the following voters in each Province:-

(a) members of the concerned Provincial Assembly,

(b) Chairpersons and Vice-Chairpersons of Rural Municipalities and Mayors and Deputy Mayors of Municipalities within the concerned Province.

(2) Notwithstanding anything contained in sub-section (1), the electoral college shall not be prevented from being formed merely because the election of any member of the Provincial Assembly, any Chairperson and Vice-Chairperson of a Rural Municipality or Mayor and Deputy Mayor of a Municipality cannot be held or because the seat is vacant for any other reason.

(3) For the purpose of sub-section (1), the Commission shall prepare and publish a voter list as prescribed, including the names of the voters currently in the electoral college. 5. Fixing date of election: (1) The Government of Nepal shall fix the date of election. Provided that, before fixing the date of election, the Government of Nepal shall consult the Commission.
National Assembly Member Election Act, 2018

5. Fixing date of election: (1) The Government of Nepal shall fix the date of election. Provided that, before fixing the date of election, the Government of Nepal shall consult the Commission. Added by Some Nepal Acts Amendment Act, 2075.(1a) While fixing the date of election pursuant to sub-section (1), the date of election for the member's seat falling vacant upon the expiry of the term determined pursuant to sub-section (3) of Article 86 of the Constitution shall be fixed so that the election is held thirty-five days before the seat falls vacant. In case of a by-election due to the seat falling vacant for any other reason, the date shall be fixed so that the election is completed within thirty-five days from the date of vacancy.

(2) Amended by Some Nepal Acts Amendment Act, 2075.A notice fixing the date of election pursuant to this Section shall be published in the Nepal Gazette. 6. Notice of election program: (1) After the notice fixing the date of election pursuant to Section 5 is published, the Commission shall publish a notice of the election program.

(2) The election program pursuant to sub-section (1) shall mention the dates, times and places for filing nomination papers of candidates, publishing the list of candidates whose nomination papers have been filed, filing objections against candidates, scrutiny of nomination papers, publishing the list of nominated candidates, withdrawal of names by candidates, publishing the final list of candidates, and voting.

(3) The Commission shall publish the notice of the election program pursuant to this Section in the Nepal Gazette.

(4) The notice pursuant to the election program published by the Commission under sub-section (1) shall be published by the concerned Election Officer at the office of the Election Officer. Chapter-3

Election Officer, Polling Officer and Other Employees

7. Appointment of Election Officer: The Commission shall, in consultation with the Judicial Council, appoint a District Judge as Election Officer for each Province to perform or cause to be performed the work required to be done in the election in accordance with the Constitution, this Act and federal law. 8. Duties, functions and powers of Election Officer: (1) It shall be the duty of the Election Officer to conduct or cause to be conducted the election in a clean, impartial and free manner in the Province assigned to him/her, subject to the direction of the Commission.

(2) The Election Officer may delegate his/her powers to employees deployed for election work as required.
National Assembly Member Election Act, 2018

Provided that the power to scrutinize nomination papers, to accept or reject nomination papers, and to declare the final result of counting shall not be delegated.

(3) The Election Officer may deploy or engage employees of the Government of Nepal and the Provincial Government for any election-related work.

(4) Other duties, functions and powers of the Election Officer shall be as prescribed. 9. Appointment of Assistant Election Officer and other employees: (1) The Election Officer may appoint Assistant Election Officers and other employees in such number as specified by the Commission.

(2) It shall be the duty of the Assistant Election Officer and other employees to perform election-related work under the direct direction and control of the Election Officer. 10. Appointment of Polling Officer: (1) The Election Officer may appoint employees of the Government of Nepal and the Provincial Government as Polling Officers.

(2) The Polling Officer appointed pursuant to sub-section (1) shall cause all work relating to polling to be completed in a clean, impartial and free manner as specified by this Act and the rules made under this Act or the orders issued thereunder.

(3) Other duties, functions and powers of the Polling Officer shall be as prescribed. Chapter-4

Candidates and Nomination Papers

11. Qualification of candidate: A person must fulfill the following qualifications to be a candidate in an election:-

(a) a citizen of Nepal,

(b) having completed the age of thirty-five years,

Amended by Some Nepal Acts Amendment Act, 2075.(c) having his/her name included in the voter list of a Rural Municipality or Municipality,

(d) not being disqualified by any federal law,

(e) not holding any office of profit. Explanation: For the purpose of this clause, "office of profit" means any office, other than a political office filled by election or nomination, which receives remuneration or financial benefits from the government fund. 12.
National Assembly Member Election Act, 2018

Explanation: For the purpose of this clause, "office of profit" means any office, other than a political office filled by election or nomination, which receives remuneration or financial benefits from the government fund. 12. Disqualification of candidate: Notwithstanding anything contained elsewhere in this Act, the following persons shall be considered disqualified from being a candidate in an election:-

(a) a person not having the qualification pursuant to Section 11,

(b) a person holding a salaried office in the Government of Nepal, Provincial Government or local level, or in an institution owned or controlled by the Government of Nepal, Provincial Government or local level, or receiving a grant from the Government of Nepal, Provincial Government or local level,

(c) a person who has been punished under the prevailing law relating to elections and a period of two years has not elapsed from the date of completion of such punishment,

(d) a person who has been punished for corruption, rape, human trafficking and transportation, sale, distribution or export or import of narcotic drugs, money laundering, passport misuse, kidnapping, or any other criminal offence involving moral turpitude, or who has been punished with life imprisonment, imprisonment for twenty years or more for any offence, and such judgment has become final,

(e) a person who has been punished with imprisonment for an organised crime offence, or with imprisonment for less than twenty years for an offence relating to culpable homicide, and a period of six years has not elapsed from the date of completion of such punishment,

(f) a person who has been punished with imprisonment for an offence relating to caste discrimination and untouchability, witchcraft, or polygamy, and a period of three years has not elapsed from the date of completion of such punishment,

(g) a person who has been punished with imprisonment for five years or more for an offence other than those mentioned in clauses (d) and (e), and a period of six years has not elapsed from the date of completion of such punishment,

(h) a person who is on the blacklist under the prevailing law, for the duration of that period,

(i) a person who is in imprisonment, for the duration of the imprisonment,

(j) a person whose mental balance is not sound. 13.
National Assembly Member Election Act, 2018

13. Authority to decide on disqualification of candidate: (1) If, after the nomination for candidacy for membership has been filed but before the election result is declared, any person believes that any candidate is or has become disqualified, a complaint may be filed before the Commission through the concerned Election Officer, along with clear evidence.

(2) If a complaint is received pursuant to sub-section (1), the Election Officer may give a notice of seven days to such candidate to submit an explanation in that regard.

(3) After receiving the explanation pursuant to sub-section (2), or if no explanation is received within the time limit, the Election Officer shall, stating the same, forward the complaint filed under sub-section (1) and related documents to the Commission as soon as possible.

(4) After receiving the documents including the complaint pursuant to sub-section (3), the Commission may, if it deems necessary, inquire with the concerned candidate or other body or official, or call for further evidence on the matter.

(5) The Commission shall, after examining the documents including the complaint received from the Election Officer pursuant to sub-section (3), decide on the disqualification of the candidate within seven days from the date of receipt of the complaint.

(6) The procedure to be followed while deciding on the disqualification of a candidate under sub-section (5) shall be as determined by the Commission.

(7) Notwithstanding anything contained elsewhere in this Section, the work and proceedings of such election shall not be affected merely because the Commission has not made a decision under this Section regarding the disqualification of any candidate. 14. Vacation of seat: (1) If a person elected to the post of member is held by the Court to be disqualified pursuant to Section 12, he/she shall vacate such post.

(2) The Commission shall inform the concerned person of the vacation of the seat under sub-section (1).

(3) Provisions relating to filing a complaint in the Court regarding the disqualification of a person elected to the post of any member shall be as prescribed.

(4) The Commission shall publish a notice of the vacation of the seat by a member under sub-section (1) in the Nepal Gazette. 15. Computation of age of candidate: In calculating the age of a candidate to be a candidate in an election, the candidate must have completed the age of thirty-five years as of the date of filing the nomination paper. 16. Nomination of candidate: (1) A person not disqualified pursuant to Section 12 may be a candidate in an election, or such person may be nominated as a candidate.

(2) While filing candidacy or nomination pursuant to sub-section (1), there shall be one proposer and one seconder.
National Assembly Member Election Act, 2018

16. Nomination of candidate: (1) A person not disqualified pursuant to Section 12 may be a candidate in an election, or such person may be nominated as a candidate.

(2) While filing candidacy or nomination pursuant to sub-section (1), there shall be one proposer and one seconder. Such proposer and seconder shall be persons whose names are registered in the voter list pursuant to sub-section (3) of Section 4.

(3) If any person is proposed as a candidate pursuant to sub-section (2), such candidate shall write his/her consent on the nomination paper and also affix his/her signature or thumb impression.

(4) In the case of a candidate put forward by a party, a formal letter given by the officer pursuant to sub-section (1) of Section 17 on behalf of such party shall be submitted along with the nomination paper.

(5) A copy of such formal letter given to the candidate by the officer pursuant to sub-section (4) shall also be sent to the Election Officer.

(6) If a nomination paper is filed without complying with the procedure under sub-section (4), such candidate shall not be recognized as the candidate of that party.

(7) A person may be nominated by a maximum of two nomination papers for an election. 17. Provision relating to officer authorized to provide formal letter of nomination: (1) A party shall designate an office bearer of its central executive committee or equivalent committee to provide the formal letter of nomination of a candidate on its behalf.

(2) The name, surname, post and specimen signature of the office bearer pursuant to sub-section (1) shall be certified by an office bearer of the central executive committee or equivalent committee of such party designated by that committee, and shall be provided to the Commission within the period prescribed by the Commission before the date of filing nomination papers for candidates.

(3) The Commission shall forward the details including the specimen signature under sub-section (2) to the concerned Election Officer before the date fixed for registration of nomination papers. 18.
National Assembly Member Election Act, 2018

18. Registration of candidate nomination: (1) The nomination paper of a candidate shall be submitted to the concerned Election Officer by the candidate himself/herself or by his/her agent, proposer or seconder.

(2) The concerned Election Officer shall examine whether the nomination paper submitted under sub-section (1) is in proper form according to this Act, and if it is in proper form, register it and issue a receipt thereof to the person bringing the nomination paper for registration.

(3) If any person brings a nomination paper for registration that lacks a proposer or seconder, has a duplicate proposer or seconder, does not have a receipt of deposit under Section 63, lacks the signature or thumb impression of the proposer, seconder or the person intending to be a candidate, or is otherwise not in proper form, the Election Officer shall correct the defects as far as possible by having them rectified and register such nomination paper. If any person wishes to have the nomination paper registered without rectifying the defects in this manner, the Election Officer shall note the same on the nomination paper and give notice thereof to the person registering the nomination paper.

(4) Other documents to be submitted along with the nomination paper shall be as prescribed.

(5) After the time for registration of nomination papers has expired, the Election Officer shall publish a list of candidates whose nomination papers have been registered at the date, time and place specified in the notice of the election program. 19. Right to object: If any person wishes to claim or object regarding the qualification of any candidate whose nomination paper has been registered under Section 18, the candidate or his/her agent may file a complaint before the Election Officer at the date, time and place specified in the notice of the election program. 20. Scrutiny of nomination papers: (1) While scrutinizing the nomination papers registered under Section 18, the candidate, his/her agent, proposer or seconder shall be present at the date, time and place specified in the notice of the election program.

(2) The Election Officer shall scrutinize the nomination papers of all candidates in the presence of the persons mentioned in sub-section (1).
National Assembly Member Election Act, 2018

Provided that, even if any candidate, his/her proposer, seconder or agent required to be present is not present, this sub-section shall not be deemed to prevent the scrutiny of the nomination paper and the making of a decision on the matter according to law.

(3) The Election Officer may adjourn the proceedings relating to the scrutiny of nomination papers in any of the following circumstances, and if the proceedings relating to the scrutiny of nomination papers are so adjourned, information thereof shall be given to the Commission:-

(a) if a riot or other abnormal situation arises at the place during the time of scrutiny of nomination papers,

(b) if a situation beyond control arises due to a natural disaster.

(4) If the proceedings relating to the scrutiny of nomination papers are adjourned pursuant to sub-section (3), the Election Officer shall, on the basis of any direction from the Commission if any, fix a time and place and scrutinize the nomination papers as soon as possible.

(5) Other provisions relating to the scrutiny of nomination papers shall be as prescribed. 21. Grounds for rejection of nomination paper: A nomination paper shall be rejected in any of the following circumstances:-

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

(b) if the consent of the person intending to be a candidate is absent, or if the signature or thumb impression of such person or his/her proposer and seconder is absent or forged,

(c) if the nomination paper is not registered within the time fixed under sub-section (2) of Section 6,

(d) if the nomination paper is not filed in accordance with Sections 16, 17 and 18,

(e) if the deposit under Section 63 is not made,

(f) if any other procedure under this Act is not complied with. 22. List of candidates: After the scrutiny of nomination papers is completed, the Election Officer shall prepare a list of candidates whose nomination papers are in proper form according to law and publish one copy thereof at his/her office. 23.
National Assembly Member Election Act, 2018

22. List of candidates: After the scrutiny of nomination papers is completed, the Election Officer shall prepare a list of candidates whose nomination papers are in proper form according to law and publish one copy thereof at his/her office. 23. Withdrawal of name: (1) If any candidate wishes to withdraw his/her name from the list of candidates, he/she may do so by giving written notice to the Election Officer within the time fixed for withdrawal of names under sub-section (2) of Section 6.

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

(3) After a notice of withdrawal of name has been submitted to the Election Officer under sub-section (1), such notice shall not be cancelled or withdrawn.

(4) The office bearer designated under sub-section (1) of Section 17 to provide the formal letter of nomination of a candidate on behalf of a party may, within the time fixed under sub-section (2) of Section 6, send a letter to the Election Officer withdrawing the name of any candidate fielded on behalf of such party.

(5) If the Election Officer is satisfied regarding the notice submitted under sub-section (1), (2) or (4), he/she shall remove the name of such candidate from the list of candidates. The Election Officer shall immediately publish a notice of such removal at his/her office. 24. Final list of candidates: (1) After the time fixed for withdrawal of names under sub-section (2) of Section 6 has expired, the Election Officer shall prepare a list of the remaining candidates, publish one copy immediately at his/her office, and send one copy to the Commission.

(2) In the list under sub-section (1), the names of candidates shall be written according to the Nepali alphabetical order, and if any candidate is nominated on behalf of a party, the name of such party shall also be mentioned in his/her address. 25. Unopposed election: If, at the time of publishing the final list of candidates under Section 24, the number of candidates remaining for any position to be elected under Section 3 is equal to or less than the number of persons to be elected, the Election Officer shall declare such candidate elected unopposed as prescribed. 26.
National Assembly Member Election Act, 2018

26. Election symbol: (1) The election symbols to be distributed to candidates for the election shall be determined by the Commission.

(2) The election symbol determined under sub-section (1) shall be provided to the candidate as prescribed.

(3) The election symbol provided under sub-section (2) shall not be used by anyone other than such candidate.

(4) While providing an election symbol to a candidate under this Section, the candidate of a party shall be given the election symbol determined by the Commission for that party for the purpose of election. If the Commission feels that any mistake has occurred or there is a difference in providing election symbols in such manner, the Commission may change such symbol.

(5) If a candidate leaves his/her party or joins another party after the election symbol has been provided to the candidate of a party by the Commission, the election symbol provided to him/her shall not change. If such candidate is elected and the concerned party files a complaint with evidence to the Commission, his/her membership shall be cancelled.

(6) For an independent candidate, the Election Officer shall provide an election symbol from the group of election symbols determined by the Commission in the manner prescribed. 27.
National Assembly Member Election Act, 2018

If such candidate is elected and the concerned party files a complaint with evidence to the Commission, his/her membership shall be cancelled.

(6) For an independent candidate, the Election Officer shall provide an election symbol from the group of election symbols determined by the Commission in the manner prescribed. 27. If a candidate dies: (1) If a candidate nominated by a party dies, before or after the publication of the final list of candidates under Section 24, and written notice thereof is received from the election agent, the concerned party or any other person, and the Election Officer is satisfied of the fact, the Election Officer shall immediately suspend other programs related to such election and give information thereof to the Commission.

(2) The Election Officer shall post a notice of the suspension of the election-related program under sub-section (1) at his/her office for the information of other candidates as well.

(3) If information under sub-section (1) is received and the death occurred before the publication of the final list of candidates, the Commission shall re-determine the program relating to the candidate nomination and other program under this Chapter so that the voting program of such election is not affected; if the death occurred after the publication of the final list of candidates, the Commission shall re-determine the date of voting and other programs under this Chapter and send it to the Election Officer.

(4) Notwithstanding anything contained in sub-section (3), if, due to the death of a candidate and the suspension of the election program, the period for completing the work as mentioned in the election program under sub-section (2) of Section 6 exceeds fifteen days, another program shall not be published again, and the election program shall be determined so that the work relating to candidate nomination is completed within the period of that same program without hindering the voting work.

(5) If the election program is suspended under sub-section (1), the candidate who previously submitted a nomination paper shall not have to file a nomination paper again, and only the party whose candidate has died may nominate another candidate again. 28. Identity card of candidate: The Election Officer shall give an identity card as specified by the Commission to a candidate remaining in the final list under Section 24. Chapter-5

Agents of Candidates

29.
National Assembly Member Election Act, 2018

28. Identity card of candidate: The Election Officer shall give an identity card as specified by the Commission to a candidate remaining in the final list under Section 24. Chapter-5

Agents of Candidates

29. Election agent: (1) If a candidate appoints any person as his/her election agent for the election, written notice thereof shall be given to the Election Officer.

(2) The election agent appointed under sub-section (1) may be removed at any time by the candidate and another election agent may be appointed, and written notice of the appointment of another election agent shall immediately be given to the concerned Election Officer.

(3) It shall be the duty of the election agent appointed under sub-section (1) to perform the work stated to be done by the election agent in this Act and the rules made under this Act.

(4) The qualification of an election agent shall be as prescribed. 30. Polling agent and counting agent: (1) A candidate or election agent may appoint a polling agent as prescribed for each polling station, and written notice of the appointment of such polling agent shall be given to the Polling Officer and the Election Officer.

(2) A candidate or election agent may appoint a counting agent as prescribed to be present at the counting place, and written notice of the appointment of such counting agent shall be given to the Election Officer.

(3) The polling agent or counting agent appointed under sub-section (1) or (2) may be removed at any time by the candidate or election agent and another polling agent or counting agent may be appointed.

(4) If another polling agent is appointed under sub-section (3), the Polling Officer shall be informed immediately; if another counting agent is appointed, the Election Officer shall be informed immediately.

(5) It shall be the duty of the polling agent and counting agent appointed under sub-section (1) or (2) to perform the work stated to be done by the polling agent and counting agent under this Act and the rules made under this Act.

(6) The number and qualification of polling agents and counting agents shall be as prescribed. 31. If candidate or any agent is absent: If an election agent, polling agent or counting agent is not appointed as per this Act and the rules made under this Act, or if the candidate or any of his/her agents is not present when required to be present, or if any of them fails to perform the work required to be done, the work of voting, counting or declaration of election result shall not be halted for that reason alone, and such work shall be deemed to have been done according to law.
National Assembly Member Election Act, 2018

Chapter-6

Polling Station and Voting

32. Polling station: (1) For the election, a polling station shall be located at a place designated by the Commission.

(2) Other provisions relating to the polling station shall be as prescribed. 33. Ballot paper: (1) The Commission shall arrange for ballot papers bearing the election symbols of candidates for the election.

(2) While including the election symbols of candidates on the ballot paper under sub-section (1), they shall be included in the following order:-

(a) the election symbol of a candidate of a party representing in the House of Representatives immediately before the election, based on the number of votes obtained by that party under the proportional election system in the election of that House of Representatives,

(b) in the case of a party not representing in the House of Representatives under clause (a), the election symbol of a candidate of that party based on the order of registration with the Commission for election purposes,

(c) the election symbol of an independent candidate based on the alphabetical order of the candidate's name.

(3) If two or more parties representing in the House of Representatives are unified or merged, for the purpose of clause (a) of sub-section (2), the total number of votes obtained by such parties before such unification or merger shall be deemed to be the votes obtained by the currently existing party.

(4) Other provisions relating to the ballot paper shall be as prescribed. 34. Ballot box and other election materials: (1) For voting, the ballot box and election materials as specified by the Commission shall be used.

(2) Other provisions relating to the management of ballot boxes and other election materials shall be as prescribed. 35. Time of voting: The date of voting and the time for voting shall be as specified in the notice under sub-section (2) of Section 6. 36. Voting: (1) A voter must vote by secret ballot at the polling station assigned to him/her.

(2) A voter must, taking a ballot paper as prescribed for voting, cast his/her vote in the ballot box kept for that purpose.

(3) A voter shall not vote in the name of any person other than his/her own name.

(4) No voter may vote more than once in the same election or at more than one polling station.

(5) No voter shall, during the voting period, disclose to anyone by any means whom he/she has voted for. 37.
National Assembly Member Election Act, 2018

37. Voting procedure: (1) The Polling Officer shall, completing the procedure as prescribed, give the prescribed ballot paper to a voter present at the polling station for voting.

(2) Before giving a ballot paper to a voter, the Polling Officer shall note the prescribed particulars in the voter list and give the ballot paper as prescribed.

(3) A voter must mark the ballot paper with the prescribed stamp or mark secretly and cast his/her vote.

(4) While voting under this Act, a voter must, in the room containing the election symbol of the candidate he/she chooses, affix the stamp or mark under sub-section (3) for as many candidates as are to be selected, and drop the ballot paper into the ballot box as prescribed.

(5) Notwithstanding anything contained elsewhere in this Act, if an electronic device is used for the purpose of voting, the voter must vote by the electronic device as prescribed. 38. Right to object if a person comes to vote by impersonation: (1) If any voter or person comes to obtain a ballot paper to vote in the name of another voter by impersonation, a candidate, his/her agent or any voter of the same polling station may, by depositing one hundred rupees as security, object before the Polling Officer.

(2) If an objection is made under sub-section (1), the Polling Officer shall inquire into necessary matters and decide immediately, and such objection and decision shall be immediately recorded in the decision book as specified by the Commission.

(3) If the objection under sub-section (1) is upheld, the Polling Officer shall refund the security amount to the concerned person, and if the objection is found to be false, such security amount shall be forfeited.

(4) If the objection under sub-section (1) is upheld, the Polling Officer shall fine the person coming to vote by impersonation in accordance with the federal law relating to election offences and punishment. 39.
National Assembly Member Election Act, 2018

39. Voting may be suspended in special circumstances: (1) If, at a polling station, due to any abnormal situation or failure to operate an electronic device for any reason, or due to disturbance, natural calamity or any cause beyond his/her control, the Polling Officer appointed at that polling station is satisfied that voting work cannot be conducted, he/she may immediately suspend the voting work at that polling station.

(2) If the Polling Officer suspends voting under sub-section (1), a notice thereof shall be published at that place and information shall be given immediately to the Election Officer.

(3) The Election Officer shall immediately give information of the suspension of voting under sub-section (1) to the Commission.

(4) After receiving information under sub-section (3), the Election Officer shall, unless the Commission directs otherwise, fix a new date and time for voting, publish a notice, and cause re-voting to be conducted. 40. Entry into polling station: (1) The Polling Officer shall not allow any person other than the following to enter the polling station:-

(a) voters,

(b) a candidate or one election agent or polling agent of the candidate,

(c) observers permitted by the Commission,

(d) persons permitted by the Commission, the Election Officer or the Polling Officer,

(e) a child up to five years of age accompanying a voter,

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

(2) Notwithstanding anything contained in sub-section (1), the Polling Officer shall not allow, to enter the polling station, any person carrying any kind of weapon, other than security personnel deployed for the security of the polling station, or any person under the influence of an intoxicating substance.

(3) After the expiry of the polling time, no voter other than a voter who has already entered the polling station and remains to vote shall be allowed to enter or remain in the polling station. 41. Disabled voter: If a blind, physically disabled voter, or a voter who for any other reason is unable to mark the vote himself/herself, requests permission to bring a member of his/her household to assist in marking the vote, or requests the Polling Officer to assist in marking the vote, and the Polling Officer finds it appropriate, he/she may, on the basis of identity proof, allow such household member to enter the place of marking the vote with the voter, or the Polling Officer may mark the vote on the voter's ballot paper according to the voter's wish. 42.
National Assembly Member Election Act, 2018

42. Right to inspect: If any voter stays at the place of marking the vote for longer than a reasonable time, or if the Polling Officer has any suspicion, he/she may enter the place of marking the vote and inspect. 43. Unauthorized occupation of polling station: (1) A polling station shall be deemed to have been unauthorizedly occupied in any of the following circumstances:-

(a) if any person, by using force, intimidation or threat, takes possession of the polling station or the place fixed for voting, influences the voting work, allows only supporters of a particular candidate to vote, or prevents other voters from voting,

(b) if any person threatens, intimidates, obstructs by blocking the way or path for voting, or prevents access or entry to the polling station or voting place to influence a voter to vote or not to vote for a candidate,

(c) if any person prevents the Polling Officer or employee deployed to conduct the voting work from performing his/her duty, snatches ballot papers, ballot boxes or voting materials in his/her charge, or otherwise affects the voting work so that it cannot be conducted in an impartial and free manner in the normal way.

(2) If a polling station is unauthorizedly occupied in any manner mentioned in sub-section (1), the Polling Officer shall immediately suspend voting and submit a report to the Election Officer, and the Election Officer shall immediately submit it to the Commission.

(3) Upon receipt of a report under sub-section (2), the Commission, or if any direction is received from the Commission, the Election Officer may, according to the direction of the Commission, investigate the incident under sub-section (1), and on the basis of the report of such investigation, the Commission, or the Election Officer as per the Commission's direction, may cancel the voting at such polling station.

(4) In a polling station where voting has been cancelled under sub-section (3), the Election Officer shall fix a new date and time for voting and immediately publish a notice thereof at such polling station as well. 44.
National Assembly Member Election Act, 2018

44. If ballot box is damaged or vandalized: (1) If a ballot box used for voting at any polling station is accidentally damaged, or deliberately vandalized and damaged, the Polling Officer shall immediately give a report of the incident to the concerned Election Officer.

(2) If a report under sub-section (1) is received, or if a ballot box used for voting that has been handed over by the Polling Officer to the Election Officer is snatched in any manner, deliberately vandalized and damaged, or accidentally damaged, the Election Officer shall immediately cancel the voting at such polling station and submit a report thereof to the Commission.

(3) In a polling station where voting has been cancelled under sub-section (2), the Election Officer shall fix a new date and time for voting and immediately publish a notice thereof at such polling station. 45. Sealing the ballot box: After the completion of voting, the Polling Officer shall

55. Recounting of Votes: (1) Before the counting of votes at a polling station is completed or the counted ballot papers are sealed, any candidate, his or her election agent or counting agent may submit a written application to the Election Officer forthwith, stating reasons, requesting a recount of some or all of the ballot papers.

(2) Upon receipt of an application pursuant to sub-section (1), the Election Officer shall register such application forthwith and may conduct a recount if it appears necessary to do so.

(3) If it appears that a recount is not necessary pursuant to sub-section (2), the Election Officer shall make a decision to that effect and shall, before the declaration of the election result, give notice of such decision to the candidate, his or her election agent or counting agent present at that place. 56. Vote Weight: The vote weight of a member of the Electoral College shall be as specified in Schedule-1. 57.