chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Nepal Sanskrit University Act, 1986

Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "University" means the Nepal Sanskrit University under this Act.

(b) "Assembly" means the University Assembly under Section 4.

(c) "Executive Council" means the Executive Council under Section 6.

(d) "Academic Council" means the Academic Council under Section 8. Added by the Second Amendment.(d1) "Service Commission" means the Service Commission under Section 9A.

(e) "Examination Committee" means the Examination Committee under Section 26.

(f) "Central Office" means the collective form of the offices of the Vice-Chancellor, the Rector and the Registrar.

(g) "College" means a College under this Act.

(h) "Principal" means the head of a College.

(i) "Teacher" means Professor, Co-Professor, Associate Professor and Assistant Professor providing education in the University, and the word also includes instructors at various levels of the University and a person specified as a teacher by rules made under this Act.

(j) "Prescribed" or "as prescribed" means prescribed or as prescribed by rules made under this Act. 3. Establishment of the University: (1) There shall be established a University for the conduct of higher education in Sanskrit.

(2) The University shall be a corporate body with perpetual succession. It shall have a seal for this purpose, and may acquire, hold, mortgage and sell movable and immovable property. It may sue and be sued in its own name.

(3) The Central Office of the University shall be located in Dang. Amended by the First Amendment.4.
Nepal Sanskrit University Act, 1986

It shall have a seal for this purpose, and may acquire, hold, mortgage and sell movable and immovable property. It may sue and be sued in its own name.

(3) The Central Office of the University shall be located in Dang. Amended by the First Amendment.4. Constitution of the University Assembly: (1) There shall be a University Assembly consisting of the following members:-

(a) Chancellor - Chairperson

(b) Pro-Chancellor - Vice-Chairperson

(c) Vice-Chancellor - Member

(d) Deleted by the Some Nepal Laws Amendment Act, 2063

(e) Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066

(f) Member of the National Planning Commission (looking after education) - Member

(g) Vice-Chancellor, Tribhuvan University - Member

Amended by the Second Amendment.(h) Vice-Chancellor, Nepal Academy - Member

Amended by the Second Amendment.(i) Vice-Chancellor, Nepal Academy of Science and Technology - Member

(j) Rector - Member Secretary

(k) One person from among the former Vice-Chancellors of Universities - Member

Amended by the Second Amendment.(l) Secretary, Amended by the Ministry of Education, Science and Technology.Ministry of Education, Science and Technology - Member

(m) Secretary, Ministry of Finance - Member

Added by the Second Amendment.(m1) Chairperson, University Grants Commission - Member

(n) Chairperson, Guthi Corporation - Member

(o) Registrar - Member

(p) Executive Director, Nepal Sanskrit University Research Centre - Member

(q) One person from among the Principals - Member

(r) Three persons including at least one woman, elected from among the teachers by the electoral college of the chairperson and secretary of the Nepal Sanskrit University College Teachers' Association unit, on the basis of proportional single transferable vote Amended by the Act to Amend Some Nepal Acts Relating to Education, 2077. - Member

Explanation: A teacher desiring to be a candidate in the election under this clause must have been in the permanent service of the University for at least fifteen years. For the purpose of this explanation, permanent service of the University also means permanent service rendered in other universities of Nepal.
Nepal Sanskrit University Act, 1986

For the purpose of this explanation, permanent service of the University also means permanent service rendered in other universities of Nepal. Added by the Some Nepal Laws Amendment Act, 2063.(r1) One representative of the Nepal Sanskrit University Professors' Association - Member

(s) One person from among educationists - Member

(t) One person from among distinguished Sanskrit scholars - Member

(u) One representative of the Nepal Professors' Association - Member

(v) One representative of the Nepal Sanskrit University Employees' Association - Member

(w) One person from among donors - Member

(x) One distinguished social worker - Member

(y) One person from among the chairpersons of the Nepal Sanskrit University Free Students' Union - Member

(2) The nomination of other members of the Assembly, other than elected and ex-officio members, shall be made by the Chancellor on the recommendation of the Executive Council.

(3) The term of office of the student representative shall be one year, and the term of office of other members, other than ex-officio members, shall be three years. Added by the Act to Amend Some Nepal Acts Relating to Education, 2077.(4) The person presiding over the meeting of the Assembly shall certify the decisions of the meeting. 5. Functions, Duties and Powers of the Assembly: The functions, duties and powers of the Assembly shall be as follows:-

(a) To establish, operate and manage colleges for Sanskrit higher education,

(b) To establish and confer degrees of Uttar Madhyama, Shastri, Acharya and Vidyavaridhi,

(c) To approve the annual programme and pass the annual budget of the University,

(d) To pass the regulations of the University,

(e) To provide guidance to the University,

(f) To discuss the annual report of the University and evaluate the programme,

(g) To discuss and approve the audit report,

(h) Deleted by the First Amendment.

(i) To form special committees as required. 6. Constitution of the Executive Council: (1) There shall be an Executive Council of the University consisting of the following members:-

(a) Vice-Chancellor - Chairperson

(b) Rector - Member

(c) Registrar - Member

(d) One person from among the Principals - Member

Amended by the First Amendment.(e) One person from among the teachers - Member

(2) The members under clauses (d) and (e) of sub-section (1) shall be nominated Added by the Second Amendment.by the Assembly for three years on the recommendation of the Vice-Chancellor. 7.
Nepal Sanskrit University Act, 1986

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

(a) To implement the decisions and directives of the Assembly,

(b) Deleted by the Some Nepal Laws Amendment Act, 2063.

(c) To prepare the programme, budget, progress report, audit report and other proposals to be presented to the Assembly,

(d) To accept donations and gifts received by the University,

(e) To protect the fund and movable and immovable property of the University and, within the policies and directives of the Assembly, to sell them as necessary,

(f) To oversee the activities conducted under the University,

(g) To prepare drafts of regulations relating to the University and present them to the Assembly,

(h) To appoint teachers and employees of the University and Principals of Colleges,

Added by the First Amendment.(i) To determine the posts of teachers and employees necessary for academic and administrative work. Amended by the First Amendment.8. Constitution of the Academic Council: (1) There shall be an Academic Council as the principal body in the educational and academic field of the University, consisting of the following members:-

(a) Vice-Chancellor - Chairperson

(b) Rector - Member Secretary

(c) Registrar - Member

(d) Executive Director, Research Centre - Member

Added by the Second Amendment.(d1) Controller of Examinations - Member

Added by the Second Amendment.(d2) Chairperson, Nepal Sanskrit University Professors' Association - Member

(e) Five Chairpersons of Subject Committees - Member

(f) Five persons from among Heads of Departments - Member

(g) Two persons from among Principals - Member

Added by the Second Amendment.(g1) One person from among Principals of affiliated Colleges - Member

(h) Two persons from among senior teachers - Member

(2) The nomination of members other than ex-officio members shall be made Added by the Second Amendment.by the Assembly on the recommendation of the Vice-Chancellor.

(3) The term of office of members other than ex-officio members shall be three years. 9. Functions, Duties and Powers of the Academic Council: The functions, duties and powers of the Academic Council shall be as follows:-

(a) To act as the principal body in the educational and academic matters of the University,

(b) To determine the quality of study and teaching in the University, curriculum, level and type of examinations, evaluation methods, teaching materials, the number and qualifications for student admission,

(c) To formulate research policies and approve research programmes,

(d) To evaluate the academic programme of students,

(e) To determine the standard of teaching and research,

(f) To make provisions for degrees and honorary degrees,

(g) To determine the minimum qualifications for teachers for various levels. Added by the Second Amendment.9A.
Nepal Sanskrit University Act, 1986

Added by the Second Amendment.9A. Service Commission: (1) For the recommendation to the Executive Council for the appointment and promotion of teachers and employees of the University, a Service Commission shall be constituted consisting of the following members:-

(a) Person appointed by the Chancellor - Chairperson

(b) Member, Public Service Commission - Member

(c) One person from among professors - Member

(2) A committee consisting of two members of the Assembly under the chairpersonship of the Pro-Chancellor shall be formed to recommend for the appointment of the Chairperson and member under clauses (a) and (c) of sub-section (1), and the Chairperson and member shall be appointed by the Chancellor on the recommendation of that committee.

(3) The term of office of the Chairperson and member appointed under sub-section (2) shall be three years.

(4) Other functions, duties and powers of the Service Commission and the procedure relating to its meetings shall be as prescribed.

(5) The remuneration, facilities and other terms of service of the Chairperson of the Service Commission and the facilities of the member shall be as prescribed. 10. Organisation of the University: Amended by the First Amendment.(1) The collective form of the Chancellor, Pro-Chancellor, Central Office, Added by the Second Amendment.Service Commission, Research Centre, constituent Colleges and affiliated Colleges shall be the form of the University.

(2) There shall be prescribed colleges for prescribed subjects for higher education.

(3) The functions, duties and powers of a College shall be as prescribed. 11. Responsibility and Delegation of Powers: (1) Except as otherwise provided in this Act or in the rules Amended by the Second Amendment.made under this Act, all other powers shall vest in the Assembly.

(2) The Assembly may delegate all or some of its powers mentioned in this Act or in the rules Amended by the Second Amendment.made under this Act to the Executive Council, the Academic Council and other officers or to a committee established as prescribed. 12. No Discrimination on Ground of Religion, Caste, Race, Colour, Sex or Creed: No person shall, on grounds of religion, caste, race, colour, sex or any creed, be deprived of the right to hold any office or to obtain any post-graduate degree, graduate degree, certificate or other educational degree or to study or receive facilities of the University. 13. Officers: The officers of the University shall be as follows:-

(a) Chancellor

(b) Pro-Chancellor

(c) Vice-Chancellor

Added by the Second Amendment.(c1) Chairperson of the Service Commission"

(d) Rector

(e) Registrar

(f) Principals

Amended by the Second Amendment.(g) Other officers as prescribed. 14.
Nepal Sanskrit University Act, 1986

13. Officers: The officers of the University shall be as follows:-

(a) Chancellor

(b) Pro-Chancellor

(c) Vice-Chancellor

Added by the Second Amendment.(c1) Chairperson of the Service Commission"

(d) Rector

(e) Registrar

(f) Principals

Amended by the Second Amendment.(g) Other officers as prescribed. 14. Chancellor: Amended by the Some Nepal Laws Amendment Act, 2063.(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 Assembly. When present, he/she shall occupy the chair at meetings of the Assembly and at the convocation ceremony of the University.

(3) The Chancellor shall have the right to inspect or cause to be inspected and to give directives Added by the Act to Amend Some Nepal Acts Relating to Education, 2077.on any matter or thing relating to the University.

(4) Any act contrary to this Act or to the rules Amended by the Second Amendment.made under this Act may be annulled by the Chancellor.

(5) Other powers of the Chancellor shall be as prescribed. 15. Pro-Chancellor: (1) Deleted by the Some Nepal Laws Amendment Act, 2063. Amended by the Act to Amend Some Nepal Acts Relating to Education, 2077.The Minister or State Minister for Education, Science and Technology shall be the Pro-Chancellor of the University. Deleted by the Second Amendment

(2) In the absence of the Chancellor, the Pro-Chancellor shall perform the duties of the Chancellor.

(3) The Pro-Chancellor may, as necessary, inspect or cause to be inspected and give lawful directives to the University. 16. Vice-Chancellor: (1) For recommending for appointment to the post of Vice-Chancellor of the University, a committee of three persons shall be formed by the Chancellor from among the members of the Assembly.

(2) The committee formed under sub-section (1) shall submit a recommendation of a list of at least three names to the Chancellor for the post of Vice-Chancellor.

(3) The Vice-Chancellor shall be appointed by the Chancellor after considering the recommendation submitted under sub-section (2).

(4) The term of office of the Vice-Chancellor shall be four years at a time.

(5) In the absence of the Vice-Chancellor, arrangements for carrying out his/her work shall be as determined by the Chancellor.

(6) Until arrangements are made under sub-section (5), the Rector shall carry out the work of the Vice-Chancellor.

(7) The Vice-Chancellor shall be a salaried officer working full-time.
Nepal Sanskrit University Act, 1986

His/her remuneration and other terms of service shall be as prescribed.

(8) The Vice-Chancellor shall be the principal administrative and academic officer of the University.

(9) In the absence of both the Chancellor and the Pro-Chancellor, the Vice-Chancellor shall preside over the convocation ceremony and the Assembly of the University.

(10) It shall be the duty of the Vice-Chancellor to comply with and ensure compliance with this Act or the rules made under this Act, and for this purpose, if the Vice-Chancellor is of the opinion that an emergent situation has arisen requiring immediate action, he/she may take such action as he/she deems proper and necessary, and shall give notice thereof to the concerned officer or body as soon as possible.

(11) The Vice-Chancellor shall implement the decisions or orders of the Assembly.

(12) The Vice-Chancellor shall have general control over all activities of the University.

(13) All subjects to be presented to the Assembly shall be presented through the Vice-Chancellor.

(14) Other functions, duties and powers of the Vice-Chancellor shall be as prescribed. 17. Rector: Amended by the First Amendment.(1) The Rector of the University shall be appointed by the Chancellor on the recommendation of the Vice-Chancellor for a term of four years at a time.

(2) The Rector shall be a salaried officer working full-time.

(3) In the absence of the Rector, the Chancellor shall appoint the Registrar to carry out the work of the Rector.

(4) Amended by the Act to Amend Some Nepal Acts Relating to Education, 2077.The Rector shall record the decisions or orders of the Assembly. A copy of such decision or order shall be sent to the Chancellor.

(5) The academic administration of the University shall be under the supervision of the Rector.

(6) Other functions, duties and powers of the Rector and his/her remuneration and terms of service shall be as prescribed. 18.
Nepal Sanskrit University Act, 1986

A copy of such decision or order shall be sent to the Chancellor.

(5) The academic administration of the University shall be under the supervision of the Rector.

(6) Other functions, duties and powers of the Rector and his/her remuneration and terms of service shall be as prescribed. 18. Registrar: Amended by the First Amendment.(1) The Registrar of the University shall be appointed by the Chancellor on the recommendation of the Vice-Chancellor for a term of four years at a time.

(2) The Registrar shall be a salaried officer working full-time.

(3) The general administration and fund of the University shall be under the supervision of the Registrar, and he/she shall advise the Assembly on the financial policy to be adopted by the University as he/she thinks appropriate.

(4) The responsibility of preparing the annual estimate of income and expenditure of the University to be presented to the Assembly, registering the names of students and making arrangements for certificates shall lie with the Registrar.

(5) The Registrar shall cause the accounts of the University to be audited as prescribed and submit the report thereof to the Assembly.

(6) Other functions, duties and powers of the Registrar and his/her remuneration and terms of service shall be as prescribed. 19. Principal and Other Officers: The appointment, terms of service, functions, duties and powers of the Principals and other officers mentioned in clauses (f) and (g) of Section 13 shall be as prescribed. 19A. Period within which Appointment to be Made: Added by the Some Nepal Acts Amendment Act, 2064.Notwithstanding anything contained elsewhere in this Act, if the post of any officer of the University falls vacant, the concerned authority shall make an appointment to fill such post within three months of the vacancy. 19B. Power to Assign Responsibility: Added by the Some Nepal Acts Amendment Act, 2064.Notwithstanding anything contained elsewhere in this Act, if any post of the University falls vacant, until such post is filled, the Chancellor, in consultation with the Pro-Chancellor, may assign the responsibility of the Vice-Chancellor to a senior-most professor of the University, and the Vice-Chancellor may assign the responsibility of other officers to a senior-most professor of the University, for a maximum period of three months to conduct the daily work. 19C.
Nepal Sanskrit University Act, 1986

19C. Power to Remove from Office: Added by the Act to Amend Some Nepal Acts Relating to Education, 2077.(1) If one-third of the members present in the Assembly submit a written petition to the Chancellor alleging that the Vice-Chancellor, Rector, Registrar or Chairperson of the Service Commission has failed to fulfil the responsibility appropriate to his/her office, has not worked honestly, or has not conducted himself/herself in a manner befitting the office, the Chancellor shall constitute a three-member investigation committee consisting of a member of the University Grants Commission and the Secretary of the Ministry of Education, Science and Technology, under the chairpersonship of any member of the Assembly.

(2) The investigation committee formed under sub-section (1) shall conduct necessary investigation into the matter and submit its report to the Chancellor within thirty days.

(3) Upon receipt of the report under sub-section (2), the Chancellor shall present that report to the Assembly.

(4) If, during discussion on the report submitted under sub-section (2), at least fifty-one percent of the total number of members of the Assembly decide to remove the Vice-Chancellor, Rector, Registrar or Chairperson of the Service Commission from office, the Chancellor shall remove the Vice-Chancellor, Rector, Registrar or Chairperson of the Service Commission from office. Provided that such person shall not be deprived of the opportunity to present a defence before being so removed.

(5) The procedure to be followed when investigating allegations against or removing other officers of the University, other than the Vice-Chancellor, Rector, Registrar and Chairperson of the Service Commission, under sub-section (1) shall be as prescribed.

(6) If an investigation against any officer under this Section is initiated, a final decision must be made within six months. Until such final decision is made, such person shall not be entitled to work in the post he/she holds.

(7) The Chancellor may assign the responsibility for conducting the daily work of an officer under sub-section (6) to the senior-most officer of the University. 20. University Fund and its Operation and Use: (1) There shall be a Fund of the University, which shall consist of the following amounts:-

(a) Amount provided by the Government of Nepal to the University,

(b) Amount borrowed by the University,

(c) All amounts received for the University,

(d) Amounts given as donations and financial assistance for the University, and

(e) Amounts received from monthly fees and other sources.

(2) The amount of the University Fund shall be deposited by opening an account in a prescribed bank.

(3) The operation of that Fund shall be as prescribed.

(4) The amount of the University shall be used for prescribed work. 21.
Nepal Sanskrit University Act, 1986

21. Annual Estimate of Income and Expenditure and Accounts: (1) The annual and supplementary estimates of income and expenditure of the University shall be presented to the Assembly through the Registrar.

(2) The accounts of the University shall be kept as prescribed. 22. Audit: Amended by the First Amendment.The audit of the University shall be conducted Amended by the Second Amendment.by the Auditor General. 23. Sanskrit Study Institute to be Converted into College: (1) The teaching institutions under the Sanskrit Study Institute that are in operation in Nepal at the time of the commencement of this Act shall, after the commencement of this Act, be converted into Colleges.

(2) The head of each College shall be the Principal. 24. Repealed by the Second Amendment

25. Repealed by the Second Amendment

26. Examination Committee: For all provisions relating to the conduct of examinations under this Act, an Examination Committee shall be constituted as prescribed. 27. Repealed by the Second Amendment

28. Functions, Duties and Powers of the Examination Committee: The functions, duties and powers of the Examination Committee shall be as prescribed. 29. Qualifications Required for Admission to the University: Students who have passed the following examination shall be admitted to the University as prescribed:-

(a) Secondary Education Passing Examination (School Leaving Certificate Examination) in prescribed subjects and level, or

(b) Any other examination which the University has prescribed as equivalent to the examination mentioned in clause (a). 29A. Free Higher Education and Scholarships: Added by the Act to Amend Some Nepal Acts Relating to Education, 2077.(1) Higher education shall be free for students belonging to Dalit, marginalized, disabled and economically disadvantaged groups who have been admitted to the University or its constituent and community educational institutions under its jurisdiction fulfilling the criteria prescribed by the University.

(2) For the purpose of sub-section (1), other provisions relating to the basis, criteria and classification shall be as prescribed by the Government of Nepal by notification published in the Nepal Gazette.

(3) Amended by the Some Nepal Acts Amendment Act, 2082.(3) A student may avail the facility under sub-section (1) only once at each level.

(4) Notwithstanding anything contained in the prevailing law, a prescribed number of seats shall be reserved for Dalit students for admission to technical and vocational higher education.

(5) The University shall make arrangements for higher education for the sons and daughters of martyrs, persons made disappeared and persons with disabilities as provided in the prevailing law.

(6) A student who has studied in a community school from class six to class ten shall receive a scholarship in higher education as per the prevailing law. 30.
Nepal Sanskrit University Act, 1986

30. Annual Report: The annual report of the University shall be presented to the Assembly within the prescribed period, and the Assembly shall, at its annual meeting, consider that report and pass it with or without amendment. 31. Nomination: The nomination of members of the Assembly and the filling of vacancies of members shall be as prescribed under this Act. 32. Proceeding not to be Invalid: If any office of the University falls vacant, or there is a defect in the appointment of any officer or in the constitution of any body, and an act or proceeding is carried out, such act or proceeding shall not be deemed invalid only by reason of that cause. 33. Provisions Relating to Disputes of Service Conditions: Any dispute arising between the University and any officer, teacher or employee of the University regarding service conditions shall be decided as prescribed. 34. Protection for Acts Done in Good Faith: No suit or other proceedings shall lie against the University or any officer of the University in respect of any act done or intended to be done in good faith under this Act. Added by the Second Amendment.34A. Contact with Government of Nepal: The University shall make contact with the Government of Nepal through the Amended by the Act to Amend Some Nepal Acts Relating to Education, 2077.Ministry of Education, Science and Technology. 35. Exemptions and Facilities to the University: Notwithstanding anything contained in the prevailing law, if any instrument requiring registration of the University is to be registered, no registration fee shall be chargeable. Added by the Some Nepal Acts Amendment Act, 2064.35A. Approval Required: Notwithstanding anything contained elsewhere in this Act, while making rules or doing any act which will cause additional financial burden on the Government of Nepal, prior approval of the Government of Nepal shall be obtained. 36. Amended by the Second Amendment.Power to Make Rules: The University may make necessary rules Amended by the Second Amendment. to implement the objectives of this Act.
Electricity Regulatory Commission Act, 2017

Electricity Regulatory Commission Act, 2074

Certification and Publication Date
2074.05.19

Amending Acts

1. Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 2075.11.19
2. Act to Amend Some Nepal Acts, 2082 2082.04.14

Act Number 13 of the year 2074

An Act Made to Make Provision Relating to the Electricity Regulatory Commission

Preamble: Whereas, it is desirable to establish an Electricity Regulatory Commission to make electricity generation, transmission, distribution, or trade simple, regular, systematic, and transparent, to maintain a balance between the demand and supply of electricity, to regulate electricity tariffs, to protect the rights and interests of electricity consumers, to make the electricity market competitive, and to make electricity service reliable, universally accessible, of quality, and safe;

Now, therefore, the Legislature-Parliament, in accordance with sub-article (1) of Article 296 of the Constitution of Nepal, has enacted this Act. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Electricity Regulatory Commission Act, 2074."

(2) This Act shall commence on the ninety-first day from the date of its certification. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

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

(b) "Licensee" means a person or an incorporated body obtaining a license in accordance with the prevailing law to generate, transmit, distribute, or trade electricity.

(c) "Commission" means the Electricity Regulatory Commission established pursuant to Section 3.

(d) "Consumer" means a person or entity consuming electricity.

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

(f) "Ministry" means the Ministry of Energy, Water Resources, and Irrigation.

(g) "Tariff" means the electricity price, tariff, fee, and other charges payable by the consumer to the distribution licensee for the consumption of electricity services.

(h) "Electricity" means electricity generated from water, mineral oil, coal, gas, solar, wind, nuclear, biological substances, or any other source.

(i) "Secretary" means the employee working as the Secretary of the Commission pursuant to Section 32.

(j) "Member" means a Member of the Commission, and the said term also includes the Chairperson. Chapter-2

Establishment and Formation of the Commission

3. Establishment of the Commission: (1) An Electricity Regulatory Commission is established as the regulatory body to regulate electricity generation, transmission, distribution, or trade.

(2) The central office of the Commission shall be located in Kathmandu Valley, and the Commission may open branch offices in other places of Nepal as required. 4.
Electricity Regulatory Commission Act, 2017

4. Commission to be an Autonomous and Corporate Body: (1) The Commission shall be an autonomous and corporate body with perpetual succession.

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

(3) The Commission may acquire, use, sell, or otherwise manage movable and immovable property like an individual.

(4) The Commission may institute legal proceedings in its name like an individual, and legal proceedings may also be instituted against the Commission in the same name.

(5) The Commission may enter into contracts and exercise rights and discharge liabilities under such contracts like an individual. 5. Formation of the Commission: (1) The Commission shall be formed as follows:-

(a) A person appointed by the Government of Nepal from among persons who have served in a Special Class gazetted post of the Government of Nepal or who have obtained at least a master's degree in Economics, Commerce, Management, Accountancy, Law, or Engineering and have at least twenty years of work experience in the field related to such subject - Chairperson

(b) Four persons appointed by the Government of Nepal from among persons who have obtained at least a master's degree in Economics, Commerce, Management, Accountancy, Law, or Engineering and have at least fifteen years of work experience in the field related to such subject - Members

(2) While appointing the Chairperson and Members pursuant to sub-section (1), it shall be done on the basis of the principle of proportional inclusion, including at least one woman.

(3) A notice of the appointment of the Chairperson and Members shall be published in the Nepal Gazette. 6. Disqualification: Notwithstanding anything contained in Section 5, the following person shall not be qualified for appointment or to continue in the office of the Chairperson or Member:-

(a) A non-Nepali citizen,

(b) A person who has obtained a permanent residency permit of a foreign country,

(c) A person who has been punished for an offense relating to corruption, rape, human trafficking and transportation, narcotic drug dealing, money laundering, passport misuse, abduction, or other criminal offense involving moral turpitude,

(d) A person who has been blacklisted pursuant to the prevailing law or from whose date of removal from such list at least three years have not elapsed,

(e) A person who, or whose member of the immediate family, is involved as a founder, managerial level personnel, shareholder, director, auditor, or advisor of any company or its subsidiary company, firm, or entity involved in electricity generation, transmission, distribution, or trade, or from whose date of separation from such status at least three years have not elapsed.
Electricity Regulatory Commission Act, 2017

Explanation: For the purpose of this clause, "shareholder" means a person holding ownership of at least one percent of the shares of the concerned company.

(f) A person who has been punished for an offense relating to electricity generation, transmission, distribution, or trade and from whose date of completion of punishment three years have not elapsed,

(g) A sitting employee of the Government of Nepal, a Provincial Government, a Local Level, or a corporate body owned by the Government of Nepal, Provincial Government, or Local Level, or a Licensee,

(h) A person who has been declared insolvent due to inability to repay debts to creditors,

(i) A person who is a member or office bearer of any political party. 7. Appointment of Chairperson and Members: (1) The Government of Nepal shall appoint the Chairperson and Members of the Commission on the recommendation of the committee constituted as follows:-

(a) Secretary, Ministry - Coordinator

(b) One electricity expert nominated by the Ministry - Member

(c) A gazetted First Class officer designated by the Ministry - Member-Secretary

(2) For the purpose of recommending candidates for appointing Chairperson and Members, the committee pursuant to sub-section (1) shall publish a public notice calling for applications along with personal details from interested candidates, providing a period of at least fifteen days.

(3) The committee pursuant to sub-section (1) shall recommend the names of suitable persons from among the applicants pursuant to sub-section (2) to the Government of Nepal within twenty-one days of the expiry of the application deadline. While making such recommendation, in the case of Members, the names of persons from different subjects as per clause (b) of Section 5 shall be recommended. Provided that, if sufficient candidates from different subjects are not available, more than one person from the same subject may also be recommended.

(4) The meeting of the committee pursuant to sub-section (1) shall be chaired by the Coordinator of such committee, and the presence of the Coordinator and one Member shall be deemed to constitute the quorum for the meeting of the committee.

(5) In a meeting of the committee pursuant to sub-section (1), the opinion of the majority shall prevail, and in case of a tie, the person chairing the meeting shall cast the deciding vote.

(6) Other procedures relating to the basis and process for recommending candidates for Chairperson and Members and meetings shall be as determined by the committee itself.

(7) The meeting allowance for the Coordinator and Members of the committee pursuant to sub-section (1) shall be as determined by the Ministry of Finance. 8.
Electricity Regulatory Commission Act, 2017

8. Term of Office: The term of office of the Chairperson and Members shall be five years, and they may be reappointed for one additional term. 9. Removal from Office: (1) If the Chairperson or any Member is found to have lacked work capacity, exhibited misconduct, become disqualified pursuant to Section 6, or failed to discharge their official duties under this Act, the Government of Nepal shall constitute an investigation committee to investigate such matter.

(2) The investigation committee pursuant to sub-section (1) shall investigate the matter concerning the accused Chairperson or Member and submit a report along with its opinion to the Government of Nepal.

(3) While investigating pursuant to sub-section (2), the investigation committee pursuant to sub-section (1) shall provide a reasonable opportunity to the accused Chairperson or Member to present their defense.

(4) If the investigation committee pursuant to sub-section (1) recommends removing the Chairperson or Member from office, the Government of Nepal shall remove such Chairperson or Member from office.

(5) After the initiation of investigation proceedings under this Section, such Chairperson or Member shall not be allowed to perform the duties of their office until a final decision is made on the subject of such investigation.

(6) The remuneration and other facilities for the Chairperson or Members of the investigation committee constituted pursuant to sub-section (1) shall be as determined by the Government of Nepal. 10. When Office Deemed Vacant: The office of the Chairperson or Member shall be deemed vacant in the following circumstances:-

(a) If their resignation submitted to the Government of Nepal from their office is accepted,

(b) If they do not possess or no longer possess the qualification as per Section 5,

(c) If their term of office expires as per Section 8,

(d) If they are removed from office by the Government of Nepal as per Section 9,

(e) If they die. 11. Meeting of the Commission: (1) A meeting of the Commission shall be held at least once a month.

(2) A meeting of the Commission shall be held on the date, time, and place specified by the Chairperson, and in case the office of the Chairperson is vacant, by the senior-most Member. Provided that, if at least two Members make a written request to call a meeting of the Commission, the Chairperson, or in their absence, the senior-most Member, shall call a meeting of the Commission within seven days.

(3) The Secretary shall provide the Members with an agenda for discussion at the meeting at least twenty-four hours before the meeting is held.

(4) The meeting of the Commission shall be chaired by the Chairperson, and in their absence, by the senior-most Member present.
Electricity Regulatory Commission Act, 2017

Explanation: For the purpose of this Section, "senior-most Member" means the Member who is earlier in the order of appointment.

(5) The presence of three Members shall be deemed to constitute the quorum for a meeting of the Commission.

(6) In a meeting of the Commission, the opinion of the majority shall prevail, and in case of a tie, the person chairing the meeting shall cast the deciding vote.

(7) The Commission may invite experts on the relevant subject to the meeting as required.

(8) The Commission shall arrange a separate register for recording decisions, and each decision shall be recorded in such register and signed by all Members present at the meeting.

(9) Other procedures relating to meetings of the Commission shall be as determined by the Commission itself. Chapter-3

Functions, Duties, and Powers of the Commission

12. To Undertake Technical Management: The Commission shall perform the following functions for technical management to regulate electricity generation, transmission, distribution, or trade:-

(a) Prepare, implement, and monitor the Grid Code and Distribution Code related to electricity services.

(b) Determine and implement the level and procedures for the operation and maintenance of electricity services.

(c) Develop and enforce necessary standards to maintain the quality and safety level of the national electricity system.

(d) Determine the responsibilities of the electricity system operator and monitor their implementation.

(e) Determine the conditions, basis, and priority for discontinuing electricity services.

(f) Prepare and implement, or cause to be implemented, a least-cost expansion plan for internal demand and supply of electricity services. 13.
Electricity Regulatory Commission Act, 2017

13. To Determine Tariff and Regulate Electricity Purchase and Sale: (1) The Commission shall perform the following functions regarding tariff determination and regulation of electricity purchase and sale:-

(a) Taking into consideration operating costs, depreciation rates, repayment of principal and interest, maintenance costs, construction, reconstruction, restoration of electricity infrastructure, annual return on equity investment, as well as power purchase agreements, determine the terms and bases for electricity tariff rate determination, and based on that, determine the tariff payable by the consumer.

(b) Until a wholesale market for electricity purchase and sale is established, determine the electricity purchase and sale rates and procedures between a distribution licensee and a generation licensee or a trade licensee or a corporate body established by the Government of Nepal pursuant to the prevailing law.

(c) Grant consent for power purchase agreements between licensees for the purchase and sale of generated electricity.

(d) Identify and implement necessary measures to minimize the cost of electricity prices.

(e) Determine transmission and distribution charges (wheeling charges).

(f) Determine surcharges on electricity tariffs for a specific period in matters related to electricity services under special circumstances.

(2) The Commission shall complete tariff determination pursuant to sub-section (1) within sixty days from the date of receipt of all relevant documents.

(3) After determining the tariff pursuant to sub-section (1), the Commission shall publish a notice in a national-level newspaper.

(4) Electricity tariffs shall not be redetermined within one year from the date of tariff determination under this Section. 14.
Electricity Regulatory Commission Act, 2017

14. To Promote Competition and Protect Consumer Interest: The Commission shall perform the following functions to promote competition in the electricity market and protect consumer interests:-

(a) Identify and implement or cause to be implemented necessary measures for the protection of consumer interests.

(b) Promote an environment of competition in electricity purchase and sale rates.

(c) Identify and cause to be implemented necessary measures to promote competition in electricity tariff rates among licensees.

(d) Make provisions to prevent syndicates in electricity tariff rates.

(e) Determine the establishment, operation, and purchase and sale procedures for the wholesale electricity market.

(f) Develop and implement, or cause to be implemented, necessary standards for licensees to merge, amalgamate, independently or jointly with their subsidiary companies, to purchase fifty percent or more of the shares of the company of such person, or for the sale of plants, acquisition, or takeover of infrastructure.

(g) Grant consent for licensees to merge, undertake sale of plants, acquisition, or takeover among themselves.

(h) Prescribe conditions to be followed while trading electricity and conduct regular monitoring thereof.

(i) Conduct or cause to be conducted timely inspections and tests to maintain the quality of electricity flowing through transmission lines.

(j) Make provisions for open access to the electricity system. 15. To Enhance Organizational Capacity: The Commission shall perform the following functions to enhance the organizational capacity of licensees and ensure institutional good governance:-

(a) Determine the level and basis for evaluating the work efficiency of licensees.

(b) Prepare and implement a code of conduct to regulate the activities of licensees.

(c) Encourage licensees to promote, expand, and diversify the electricity market.

(d) Develop and implement standards to maintain uniformity in the internal control, accounting system, and audit methods of licensees.

(e) Determine matters that office bearers of the board of directors and other office bearers of licensed corporate bodies must disclose to such body and ensure compliance.

(f) Conduct surprise inspections of the accounting system of licensees as required.

(g) Give necessary directives and issue standards to ensure good governance in the operations of licensees. 16. To Provide Policy Advice and Recommendations: The Commission shall provide necessary advice and suggestions to the Government of Nepal regarding policy improvements needed to make the management of electricity generation, transmission, distribution, or trade reliable and effective. 17.
Electricity Regulatory Commission Act, 2017

16. To Provide Policy Advice and Recommendations: The Commission shall provide necessary advice and suggestions to the Government of Nepal regarding policy improvements needed to make the management of electricity generation, transmission, distribution, or trade reliable and effective. 17. To Conduct Inquiries and Inspections: (1) The Commission may conduct or cause to be conducted necessary inquiries and inspections regarding whether a licensee is functioning in accordance with this Act, rules, regulations, directives, or standards made under this Act, other prevailing laws, or conditions stipulated while granting the license.

(2) While conducting inquiries and inspections pursuant to sub-section (1), accounts, records, details, etc., may be requested from the licensee, or on-site inquiries and inspections may be conducted.

(3) The official or employee conducting inquiries and inspections pursuant to sub-section (1) or (2) shall prepare a report thereof and submit it to the Commission, and based on such report, the Commission may issue necessary orders and directives to the concerned licensee.

(4) If the licensee fails to comply with the orders and directives issued pursuant to sub-section (3), the Commission may impose a fine on such licensee pursuant to sub-section (1) of Section 19. 18. To Resolve Disputes: (1) The Commission shall have the authority to resolve disputes arising on the following matters:-

(a) Disputes relating to electricity arising among licensees,

(b) Matters where a party expresses dissatisfaction with a decision made by a licensee or claims compensation for loss suffered due to an act of the licensee.

(2) In relation to a dispute or matter pursuant to sub-section (1), a licensee or consumer may file a complaint with the Commission, and upon receipt of such complaint, the Commission shall conduct a hearing and decide within ninety days.

(3) While conducting proceedings and disposing of complaints filed with the Commission, the Commission shall have the authority to perform the following acts, similar to a court under the prevailing law:-

(a) Summon any person before the Commission to obtain statements or information,

(b) Examine witnesses,

(c) Order the submission of any document or paper available in any agency of the Government of Nepal, Provincial Government, or Local Level, or public institution,

(d) Conduct or cause to be conducted on-site inspections and order the submission of evidence.

(4) A person dissatisfied with a decision made by the Commission pursuant to sub-section (2) may appeal to the High Court, Patan within thirty-five days from the date of such decision.

(5) Notwithstanding anything contained in sub-section (1), if there is a separate provision for dispute resolution in an agreement between licensees on matters related to electricity generation, transmission, distribution, or trade, such dispute shall be resolved in accordance with that agreement. 19.