chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Multimodal Transport of Goods Act, 2006

28. Penalty: If any person operates multimodal transport services contrary to Section 3, the prescribed Department may impose a fine of ten thousand rupees to one hundred thousand rupees on him. 29. Limitation Period: A person intending to file a complaint regarding any act done under this Act shall file the complaint within six months from the following dates:

(a) The date of delivery of the goods,
(b) The date on which the goods were required to be delivered under the multimodal transport document,
(c) In the case of loss of goods, the date on which the goods are deemed lost under Section 20. 30. Jurisdiction for Filing Suit: If any party wishes to institute a suit under this Act, the suit may be filed in any court having jurisdiction under the prevailing law of the concerned country, from among the following:

(a) The court of the place where the defendant resides or has his principal place of business,
(b) The court of the place where the multimodal transport contract was concluded:
 Provided that, for jurisdiction to be established under this clause, the defendant must have a place of business, branch or authorized representative in that place, and the multimodal transport contract must have been concluded through such place.
(c) The court of the place where the goods were taken in charge or are to be delivered under the multimodal transport contract, or
(d) The court of such other place as the parties have specified in the multimodal transport contract for instituting suits. 31. Power to Make Rules: The Government of Nepal may make necessary rules to carry out the objectives of this Act.
University Grants Commission Act, 1994

University Grants Commission Act, 2050

Royal Seal and Publication Date
2050.08.07

Amending Acts

१. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.01.07
२. Act to Amend Some Nepal Acts Relating to Education, 2077 2077.03.11
३. Act to Amend Some Nepal Acts, 2082 2082.04.14

Act No. 25 of the year 2050



An Act made to provide for University Grants Commission

Preamble: Whereas, it is expedient to establish and make provision for a University Grants Commission to perform functions relating to the proper distribution of grant amounts received from various sources for the operation and development of universities in Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and to determine the academic standard of universities and provide encouragement to impart quality education,

Now, therefore, Parliament has enacted this Act in the twenty-second year of the reign of His Majesty King Birendra Bir Bikram Shah Dev.

१. Short title and commencement: (१) This Act may be called the "University Grants Commission Act, 2050".

(२) This Act shall come into force from the date appointed by the Government of Nepal by notification in the Nepal Gazette.

२. Definition: Unless the subject or context otherwise requires, in this Act,-

(क) "Commission" means the University Grants Commission established pursuant to Section ३.

(ख) "University" means a university established or to be established pursuant to the prevailing law.

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

(घ) "Member" means a member of the Commission, and the term also includes the Chairperson and the Member-Secretary of the Commission.

(ङ) "Secretary" means the Secretary of the Commission.

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

३. Establishment of Commission: (१) A University Grants Commission shall be established in Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. for the proper distribution of grant amounts received from various sources for the operation and development of universities and for determining the academic standard of universities and providing quality education.

(२) The Commission shall be called "University Grants Commission" in the English language.

(३) The office of the Commission shall be located in the Kathmandu Valley.

४. Commission to be autonomous body: (१) The Commission shall be an autonomous and corporate body with perpetual succession.

(२) The Commission shall have its own separate seal for all its acts and business.

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

(४) The Commission may, like a person, sue and be sued in the same name.

५.
University Grants Commission Act, 1994

Constitution of Commission: (१) The Commission established pursuant to sub-section (१) of Section ३ shall be constituted as follows:-

(क) A person nominated by the Government of Nepal from among reputed educationists - Chairperson

(ख) Two Vice-Chancellors nominated by the Government of Nepal from among the Vice-Chancellors of universities - Member

(ग) Member, National Planning Commission (looking after education) - Member

(घ) Secretary, Amended by the Act to Amend Some Nepal Acts Relating to Education, 2077. Ministry of Education, Science and Technology - Member

(ङ) Secretary, Ministry of Finance - Member

(च) Two persons nominated by the Government of Nepal from among scholars and senior professors who have made special contributions to higher education - Member

(छ) Two persons nominated by the Government of Nepal from among persons from various fields who have made special contributions to the field of higher education - Member

(ज) Secretary - Member-Secretary

(२) The term of office of nominated members shall be four years, and after the expiry of the term, they may be re-nominated.

(३) The Government of Nepal may, on the recommendation of the Commission with reasons, by notification in the Nepal Gazette, make changes in the members of the Commission.

६. Functions, duties and powers of Commission: (१) The functions, duties and powers of the Commission shall be as follows:-

(क) To advise the Government of Nepal on the establishment of universities.

(ख) To determine policies relating to providing grant amounts received from various sources to universities.

(ग) To provide grants to universities and to recommend, for universities requesting additional grants, to the concerned bodies.

(घ) To maintain coordination among universities to make the academic programs conducted in universities standard.

(ङ) To formulate appropriate programs for enhancing academic standards.

(च) To make necessary arrangements relating to determining appropriate academic standards in universities.

(छ) To make necessary arrangements relating to the exchange of scholarships, fellowships etc. between universities or educational institutions within and outside Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(३)(छ१) To make necessary arrangements by preparing a directive relating to credit transfer between universities.

(३)(छ२) To perform functions relating to quality assurance and accreditation of universities.

(३)(छ३) To determine the equivalence of academic degrees conferred by foreign universities or equivalent educational institutions.

(ज) To maintain coordination among universities.

(झ) To submit an annual report of the activities of the Commission to the Government of Nepal.

(ञ) To perform other functions as prescribed for the fulfillment of the objectives of the Commission.
University Grants Commission Act, 1994

Added by the Act to Amend Some Nepal Acts, 2082.(१क) The provision of clause (छ३) of sub-section (१) shall come into effect from the १st day of Shrawan, २०८३ B.S., and if the equivalence of any academic degree conferred by a foreign university or equivalent educational institution before that period has been determined under the prevailing law, it shall not be necessary to re-determine the equivalence of such academic degree of such university or educational institution. Added by the Act to Amend Some Nepal Acts, 2082.(१ख) The university determining equivalence under sub-section (१क) shall, within three months from the date of commencement of this sub-section, send to the Commission a record containing details of the academic degree determined for equivalence and the university or educational institution conferring such degree. Added by the Act to Amend Some Nepal Acts, 2082.(१ग) It shall not be necessary to have the equivalence of an academic degree of a foreign university or equivalent educational institution, already determined once by the Commission under this Act, re-determined by the Commission. Added by the Act to Amend Some Nepal Acts, 2082.(१घ) The Commission shall update the details of the academic degrees and universities or educational institutions determined for equivalence under sub-sections (१क) and (१ग) every six months and also publish them on its website.

(२) The Commission may, if it deems necessary, seek advice from any domestic or foreign expert or consultant.

७. Power to call for details: (१) In the course of the functions and duties mentioned in Section ६, the Commission may call for necessary details relating to the financial transactions, existing funds, academic programs, curriculum or other activities of any university or educational institution operated under it, and it shall be the duty of the concerned university to provide such details.

(२) If it is necessary to inspect any university or educational institution operated under it regarding the details called for under sub-section (१), the Commission may inspect or cause inspection as required, and it shall be the duty of the concerned university to provide necessary assistance to the person coming for such inspection.

८.
University Grants Commission Act, 1994

Meeting of Commission: (१) A meeting of the Commission shall be held at least once a month.

(२) The meeting of the Commission shall be chaired by the Chairperson, and in the absence of the Chairperson, a member designated by the Chairperson shall chair the meeting of the Commission.

(३) The presence of fifty percent of the total number of members of the Commission shall constitute a quorum for a meeting of the Commission.

(४) The decision of the majority shall prevail in a meeting of the Commission, and in case of a tie, the person chairing the meeting may exercise a casting vote.

(५) The decisions of the meeting of the Commission shall be certified by the Member-Secretary.

(६) Other procedures relating to the meeting of the Commission shall be as determined by the Commission.

९. Power to constitute committee or sub-committee: (१) The Commission may, as necessary, constitute a committee or sub-committee to perform any of its functions to be carried out under this Act or the rules made under this Act.

(२) The functions, duties and powers and the procedure of a committee or sub-committee constituted under sub-section (१) shall be as prescribed by the Commission.

१०. Consultation with Commission for establishing university: The Government of Nepal shall consult with the Commission in relation to establishing a new university.

११. Providing grant to university: (१) Notwithstanding anything contained in the prevailing law, after the commencement of this Act, grants to be given to a university shall be provided through the Commission.

(२) The Commission may recommend a university that complies with the prescribed conditions to any other institution for grants.

(३) The Commission may provide financial assistance to private campuses that fulfill the conditions prescribed by it.

(४) Other provisions relating to grants to be given to a university shall be as prescribed. Added by the Act to Amend Some Nepal Acts Relating to Education, 2077.११क. Granting for free higher education: (१) The Commission shall provide, in the form of a grant, to the teaching institution where they are studying, an amount equivalent to the tuition fee payable for Dalit, disabled and economically poor students enrolled in universities or constituent and community educational institutions under them.
University Grants Commission Act, 1994

Granting for free higher education: (१) The Commission shall provide, in the form of a grant, to the teaching institution where they are studying, an amount equivalent to the tuition fee payable for Dalit, disabled and economically poor students enrolled in universities or constituent and community educational institutions under them. Explanation: For the purpose of this sub-section, the basis, criteria, classification and other provisions shall be as prescribed by the Government of Nepal by notification in the Nepal Gazette.

(२) Notwithstanding anything contained in sub-section (१), the amount equivalent to the tuition fee shall not be provided to the teaching institution for students in the following circumstances:-

(क) Those who have discontinued their studies,

(ख) Those who have changed their faculty of study,

(ग) Those whose attendance is less than the prescribed percentage of attendance,

(घ) Those who have failed continuously for two years,

(ङ) Those who have submitted false details, or

(च) Those who are already studying free of cost in another teaching institution.

(३) If the grant provided under sub-section (१) is not utilized for the students mentioned in sub-section (२), the concerned teaching institution shall return such amount to the Commission.

(४) If the concerned teaching institution fails to return the amount under sub-section (३) to the Commission, the Commission may withhold any grant given to such educational institution. Added by the Act to Amend Some Nepal Acts Relating to Education, 2077.११ख. Arrangement of funds for free higher education: The amount required under Section ११क. shall be managed on an annual basis from the allocated budget of the University Grants Commission for the purpose of providing free higher education, as a grant given by the Commission to universities or constituent and community educational institutions under them.

१२. Functions, duties, powers, service, terms and facilities of Chairperson: (१) The provisions relating to the functions, duties, powers, service, terms and facilities of the Chairperson shall be as prescribed.

(२) The Chairperson shall be a full-time office bearer.

१३. Secretariat of Commission: (१) There shall be a secretariat for the operation and administrative work of the Commission.

(२) The Secretary, under the supervision of the Chairperson, shall conduct the day-to-day business of the Commission.

(३) The appointment of the Secretary shall be made by the Government of Nepal.

(४) The term of office of the Secretary shall be four years.

(५) The functions, duties, powers, remuneration and facilities of the Secretary shall be as prescribed.

१४. Provision relating to employees: (१) There shall be employees in the Commission as required.

(२) The posts, qualifications, remuneration and other facilities of employees required for the Commission shall be as prescribed.

१५.
University Grants Commission Act, 1994

Provision relating to employees: (१) There shall be employees in the Commission as required.

(२) The posts, qualifications, remuneration and other facilities of employees required for the Commission shall be as prescribed.

१५. Fund of Commission: (१) The Commission shall have its own separate fund, and the following amounts shall be deposited in that fund:-

(क) Amount received from the Government of Nepal,

(ख) Amount received from international organizations, foreign governments or agencies,

(ग) Amount received from any other source.

(२) If the Commission is to receive any amount under clause (ख) of sub-section (१), action shall be taken through the Government of Nepal.

(३) The amount in the fund of the Commission shall be deposited by opening an account in any bank in Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 , and the operation of the account shall be as prescribed.

(४) All expenditures incurred by the Commission shall be borne from the fund under sub-section (१).

१६. Accounts and audit: (१) The accounts of income and expenditure of the Commission shall be kept in accordance with the prevailing law. Amended by the Act to Amend Some Nepal Acts Relating to Education, 2077.(२) The audit of the Commission shall be conducted by the Auditor General.

(३) The Government of Nepal may, if it so desires, at any time inspect or cause the inspection of the accounts of income and expenditure and related books of accounts of the Commission.

१७. Delegation of power: The Commission may delegate some of the powers vested in it under this Act or the rules made under this Act to the Chairperson, member, Secretary, committee or sub-committee of the Commission or any other employee as required.

१८. Liaison with Government of Nepal: While liaising with the Government of Nepal, the Commission shall do so through the Words transformed by the Act to Amend Some Nepal Acts Relating to Education, 2077: - In place of "Ministry of Education and Sports", "Ministry of Education, Science and Technology". Ministry of Education, Science and Technology.

१९. Power to make rules: For the fulfillment of the objectives of this Act, the Commission may make necessary rules, and such rules shall come into force only after approval by the Government of Nepal.
Act Relating to Children, 2018

Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act shall be called the "Children's Act, 2075".

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

(a) "Orphan child" means an orphan child as per the prevailing law.

(b) "Investigation Officer" means the officer authorized under the prevailing law to investigate an offence.

(c) "Offence" means a criminal offense under the prevailing law.

(d) "Child in conflict with law" means a child accused of an offence and the said term also includes children found guilty of an offence by a Juvenile Court.

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

(f) "Diversion" means the process of taking a child accused of an offence out of the formal judicial process by adopting any procedure mentioned in Section 29.

(g) "Observation Room" means an observation room established pursuant to Section 22.

(h) "Family" means the father, mother, siblings (brothers and sisters), grandfather or grandmother of the child living together as a joint family, and the said term also includes other close relatives living together as a joint family.

(i) "Council" means the National Child Rights Council pursuant to Section 59.

(j) "Child" means a person who has not completed eighteen years of age.

(k) "Violence against children" means an act pursuant to sub-section (2) of Section 66.

(l) "Juvenile Court" means a Juvenile Court constituted pursuant to sub-section (1) of Section 30, and the said term also includes the Juvenile Bench pursuant to sub-section (3) of the same Section.

(m) "Child pornography" means the act of taking or recording videos or photos by exposing the sexual organs of a child or involving them in simulated sexual activities, or displaying obscene pictures through newspapers, posters, prints, films or other media, and the said term also includes the act of producing, selling, distributing, importing, exporting, collecting or disseminating such materials.

(n) "Child Welfare Officer" means an officer appointed or designated pursuant to Section 61.

(o) "Children's Home" means a Children's Home established pursuant to Section 52.

(p) "Child sexual abuse" means an act pursuant to sub-section (3) of Section 66.

(q) "Correction Home" means a Correction Home established pursuant to Section 43.

(r) "Ministry" means the Ministry of Women, Children and Senior Citizens of the Government of Nepal.

(s) "Children in need of special protection" means children pursuant to Section 48.

(t) "Guardian" means a person or institution having the duty or appointed under this Act or the prevailing law to protect the rights and interests of a child, and the said term also includes the head of the family (māthabar) in the absence of a guardian.

(u) "Social Worker" means a person pursuant to Section 62.

(v) "Local Level" means a Rural Municipality or Municipality.
Act Relating to Children, 2018

Chapter-2
Rights of Children

3. Right to Life: (1) Every child shall have the right to live with dignity.

(2) The Government of Nepal, Provincial Government and Local Level shall adopt necessary measures for preventive and protective services, including the prevention of accidents and mitigation of risks that may occur to children, for the right to life and development of children. 4. Right to Name, Nationality and Identity: (1) Every child shall have the right to naming and birth registration along with their identity.

(2) After the birth of a child, the father or mother of the child shall name the child and register the birth pursuant to the prevailing law.

(3) If the mother of a child born from rape or incest which is punishable under the prevailing law so desires, birth registration shall be done by mentioning only the mother's name.

(4) While giving a name pursuant to sub-section (2), if the father or mother is not immediately available or there is no possibility of them being available, such child shall receive the name as given by other family members or the guardian who is caring for them.

(5) Every child shall be entitled to use the surname given by the consent of the father and mother after birth, or if such consent cannot be obtained, the father's surname, after their name.

(6) Notwithstanding anything contained in sub-section (5), a child may, if they so wish, use the surname of their father or mother or both.

(7) A child whose paternity is not established shall be entitled to use the mother's surname after their name.

(8) If a dispute arises regarding the surname of a child, it shall be deemed that the child uses the father's surname, unless proven otherwise.

(9) A child whose both father and mother are unknown shall be entitled to use the surname given by the guardian after their name.

(10) While giving a name and surname pursuant to sub-section (9), the guardian shall inform the Child Welfare Officer.

(11) If it is necessary to mention the names of the father, mother and grandparents in any formal legal work or document as per the law, a child whose father is not found may mention the name of the mother and the mother's father and mother; and if the mother's name is also not found, stating that fact shall suffice.

(12) The mother, father or guardian shall not change the name or surname of a child with the intention of hiding the child's identity for undue gain. 5.
Act Relating to Children, 2018

5. Right Against Discrimination: (1) No child shall be discriminated against on any grounds based on the religion, color, caste, ethnicity, gender, origin, language, culture, ideological belief, physical or mental condition, disability, marital status, family status, profession, health status, economic or social status, geographical area or any other similar grounds of the child, their family, or guardian.

(2) No one shall discriminate between sons and daughters, between sons, between sons and daughters, between daughters, or between children born from a previous spouse or a subsequent spouse in terms of their upbringing, education, or healthcare.

(3) No one shall discriminate in any way between their own children and adopted children or children under their guardianship.

(4) No discrimination shall be made in the upbringing, education, or healthcare of children born before a marital relationship between a man and a woman is established and after the marital relationship. 6. Right to Live with and Visit Parents: (1) No child shall be separated from their father or mother against their will.

(2) Notwithstanding anything contained in sub-section (1), if necessary for the best interest of the child, the Juvenile Court may order a child to be separated from the father or mother and placed under the care of a guardian. Provided that before issuing such an order, the concerned party shall not be deprived of a reasonable opportunity to present their defense.

(3) A child living separately from the father or mother or both shall have the right to maintain personal relations or regular direct contact or visits with the father and mother, except in cases where the Juvenile Court has prohibited such contact as being harmful to the child's interest.

(4) A person adopting a child shall allow the child to meet, contact and correspond with their biological father and mother.

(5) A person or institution providing alternative care shall allow the child under their care or protection to meet with their biological father, mother or family. 7. Right to Protection: (1) Every child shall have the right to receive proper care, protection, upbringing and affection from their father, mother, other family members or guardian.

(2) The father and mother shall have equal responsibility regarding the care, protection and upbringing of their child.
Act Relating to Children, 2018

7. Right to Protection: (1) Every child shall have the right to receive proper care, protection, upbringing and affection from their father, mother, other family members or guardian.

(2) The father and mother shall have equal responsibility regarding the care, protection and upbringing of their child. In the event of divorce or separation for any other reason, the cost of raising the child shall be borne by both the father and mother according to their financial capacity.

(3) No father, mother, other family members or guardian shall abandon or desert their child or a child under their guardianship.

(4) Children with disabilities, conflict victims, displaced children, children at risk, or children living on the streets shall have the right to special protection as prescribed by the State for a secure future.

(5) Every child shall have the right to protection from all forms of physical or mental violence and torture, neglect, inhuman treatment, discriminatory treatment based on gender or untouchability (chhut-chhut), sexual abuse and exploitation from their father, mother, other family members or guardian, teachers and other persons.

(6) Every child shall have the right to protection from economic exploitation and shall have the right to be protected from any work that is harmful to them or likely to interfere with their education or harm their health, physical, mental, moral, social development.

(7) No child shall be recruited into the army, police or armed groups and used directly or indirectly in armed conflict or for political purposes.

(8) No one shall, under any pretext during armed conflict or any adverse situation, attack or obstruct the operation and management of places including schools, services or facilities intended for the welfare of children.

(9) Children below fourteen years of age shall not be engaged in hazardous work or kept as domestic workers or kamalari (bonded laborer).

(10) The Government of Nepal, Provincial Government and Local Level may adopt necessary measures and formulate and implement standards for the protection of children. 8. Right to Participation: Children capable of forming their own views shall have the right to participate in decisions made by the family, community, school or other public bodies or institutions on matters affecting them. 9. Right to Freedom of Expression and Information: (1) Every child shall have the right to freely express their opinion in accordance with the prevailing law.

(2) Every child shall have the right to demand and receive information on matters concerning their rights, interests and concerns, subject to the prevailing law. 10.
Act Relating to Children, 2018

10. Right to Form Association and Peaceful Assembly: (1) Every child shall have the right to form a children's club or association or assemble peacefully for the protection and promotion of child rights.

(2) The provisions relating to forming a children's club or association pursuant to sub-section (1) shall be as prescribed. 11. Right to Privacy: (1) Every child shall have the right to privacy in matters relating to their body, residence, property, documents, data, correspondence and character.

(2) No one shall create, collect, publish, print, display, sell, distribute or disseminate through any means any personal information, details, photos, videos that may harm the character of a child or cause them shame, guilt or contempt.

(3) The name, surname, address, age, gender, family background, economic status, offence, and any proceedings related thereto, and other identifying details of a child accused of or victim of an offence, held by the Juvenile Court, Police Office, guardian, parent or other body, shall be kept confidential. The details of a child kept confidential in this manner shall not be used elsewhere except as per the law. Provided that, if publication is necessary for any study or research purpose, it may be done by mentioning only the age or gender without disclosing the name, surname, address and other identity of the child and their family. 12. Special Rights of Children with Disabilities: (1) Special protection shall be provided to children with disabilities as prescribed.

(2) Every child with a disability shall have the right to ensure their dignity, promote self-reliance, actively participate in society and live with respect.

(3) Children with disabilities shall have the right to receive special care and the opportunity for education, training, healthcare services, rehabilitation services, employment preparation and recreation for integration into society and their personal development.

(4) Children with disabilities shall have the right to equal access to and enjoyment of public services and facilities. 13. Right to Nutrition and Health: (1) Every child shall have the right to adequate nutrition, clean drinking water, and children up to two years of age shall also have the right to breastfeeding.

(2) Pregnant women and children shall have the right to receive necessary vaccinations to prevent diseases, access physical and mental health services in accordance with national standards, and receive age and maturity-appropriate information regarding the body, reproduction and reproductive health.

(3) Every child shall have the right to receive basic health treatment free of cost. 14.
Act Relating to Children, 2018

14. Right to Sports, Recreation and Culture: (1) Every child shall have the right to play games and participate in sports according to their age and interest.

(2) Every school shall encourage children to participate in sports during non-teaching hours and shall arrange necessary appropriate sports grounds and sports materials for that purpose.

(3) Every child shall have the right to child-friendly recreation according to their age, interest and needs.

(4) Every child shall have the right to participate in cultural activities according to their religion, culture, customs, traditions and beliefs, as long as it is not detrimental to their interest. 15. Right to Education: (1) Children below six years of age shall have the right to learn appropriately according to their age and developmental level and the right to early childhood development.

(2) Every child shall have the right to compulsory and free education up to the basic level and free education up to the secondary level in a child-friendly environment, in accordance with the prevailing law.

(3) Every child shall have the right to receive education through appropriate study materials and teaching methods according to their specific physical and mental condition, in accordance with the prevailing law.

(4) Dalit children shall have the right to free education including scholarships in accordance with the prevailing law. Chapter-3
Responsibilities Towards Children

16. Best Interest of the Child to be Prioritized: (1) Every official of bodies and institutions performing tasks related to children shall prioritize the best interest of the child in every action and adopt necessary child-friendly procedures.

(2) It shall be the duty of everyone to provide immediate assistance to a child whose life is at risk.

(3) While making arrangements for alternative care of a child, separating a child from parents or guardian, or deciding who will care for and raise children upon the divorce of parents, the Child Welfare Officer or Juvenile Court under this Act shall adopt the highest interest determination process as prescribed.

(4) Public and private social institutions where children reside or provide services to children shall make necessary arrangements to ensure that the construction or maintenance of physical structures is child-friendly. 17.
Act Relating to Children, 2018

17. Duties of the Family or Guardian: (1) Both the father and mother shall have equal responsibility for the care, upbringing and development of the child.

(2) It shall be the duty of every father, mother, other family members or guardian to care for, nurture and protect the child, provide opportunities for personality development including education and healthcare, provide a loving and affectionate environment, and provide appropriate guidance for a secure future.

(3) The father, mother, other family members or guardian shall enroll every child of school-going age in school and provide a conducive environment for their education.

(4) The father, mother, other family members or guardian shall not make the child work in a manner that affects their education, health or physical or mental development.

(5) The father, mother, other family members or guardian shall not leave a child under six years of age alone at home or elsewhere, or send them elsewhere alone without the accompaniment of an adult. 18. Duty of the State: The State shall make necessary arrangements, based on available resources, for the basic needs including upbringing, protection, health and education of children in need of special protection. 19. Duties of the Communication Sector: It shall be the duty of the communication sector to publish or disseminate information in a manner that does not violate child rights or is detrimental to the welfare of children. Chapter-4
Related to Juvenile Justice

20. Matters to be Considered While Administering Juvenile Justice: In addition to matters mentioned elsewhere in this Act, the persons, officials and the Juvenile Court involved in administering juvenile justice shall consider the following matters in the course of dispensing justice:-

(a) To understand the views of the child before making any decision affecting the child,

(b) To give the father, mother, other family members or guardian an opportunity to present their views before making a decision on any matter involving the interest and welfare of the child,

(c) To use language, words and behavior appropriate to the age, intellectual development level, beliefs and cultural values of the child,

(d) To communicate with the child in the language desired by them and, if necessary, take the help of an interpreter. 21. Taking a Child into Control: (1) Upon receiving information of an offence, the Investigation Officer shall commence investigation into the offence as soon as possible.
Act Relating to Children, 2018

21. Taking a Child into Control: (1) Upon receiving information of an offence, the Investigation Officer shall commence investigation into the offence as soon as possible. While conducting such investigation, if it appears necessary to take the child accused of the offence into control for investigation, the Investigation Officer may take such child into control.

(2) If it is not deemed necessary to keep a child taken into control under sub-section (1) in custody, the child shall be handed over to a family member, guardian or close relative.

(3) If a child is taken into control under sub-section (1), the Investigation Officer shall inform a family member, guardian or close relative of the child about this.

(4) While taking a child into control under sub-section (1), the Investigation Officer shall not use force. Provided that there shall be no bar to using the minimum force necessary to take the child into control.

(5) A child taken into control under sub-section (1) shall, if possible, be put in touch with a person working in child psychology or child welfare and provided necessary counseling services.

(6) If a child taken into control under sub-section (1) can themselves be diverted under Section 27, the Investigation Officer may, notwithstanding anything contained in the prevailing law, record the statement of such child themselves.

(7) A child taken into control under sub-section (1) may be kept in an Observation Room for up to twenty-one days at a stretch not exceeding five days at a time with the permission of the Juvenile Court.

(8) Notwithstanding anything contained in sub-section (7), if the Juvenile Court, considering the physical condition, age, circumstances of committing the offence or the condition of the Observation Room, feels it is not appropriate to keep the child accused of an offence in the Observation Room, the Juvenile Court may order the child to be handed over to the father, mother, other family members or guardian, or in their absence, to a social organization or Correction Home involved in protecting the rights and interests of the child, on the condition of presenting the child when required, for the investigation of the case.

(9) While interrogating a child taken into control, the Investigation Officer shall do so in a child-friendly environment in the presence of the child's father, mother or guardian or the Child Welfare Officer or a legal practitioner. 22.
Act Relating to Children, 2018

22. Provision Relating to Establishment of Observation Room: (1) The Government of Nepal may establish Observation Rooms for the purpose of keeping children taken into control on charges of an offence during the investigation period.

(2) Until Observation Rooms are established pursuant to sub-section (1), a separate room shall be arranged in each District Police Office.

(3) Children taken into control for investigation shall be provided with necessary psychological counseling and psychosocial support.

(4) If a family member of a child kept in an Observation Room wishes to stay with them for their support, the Investigation Officer may permit them to stay together, setting the time and conditions as necessary.

(5) Other provisions relating to the establishment, operation, management and monitoring of Observation Rooms shall be as prescribed. 23. Special Provisions Relating to Investigation and Prosecution: (1) Notwithstanding anything contained in the prevailing law, the Government of Nepal shall constitute a separate unit to investigate offences accused against children.

(2) Until a separate unit is constituted pursuant to sub-section (1), the Government of Nepal may designate employees working in the District Police Office who have received training on juvenile justice to perform that work. 24. Provisions Relating to Remand: (1) No child shall be detained in custody or required to furnish bail or security during the course of the trial of a case.

(2) Notwithstanding anything contained in sub-section (1), in the following circumstances, the Juvenile Court may, stating reasons, order a child accused of an offence to be kept in a Correction Home for remand:-

(a) If there are sufficient grounds that the child's life or body is at risk, or that the child may cause harm to someone, or that such child may abscond, or for any other reason it is not appropriate to keep the child elsewhere,

(b) If a child accused of an offence punishable with imprisonment of three years or more appears guilty from the immediate available evidence, or there are reasonable grounds to believe they are the offender.

(3) Except in the circumstance of sub-section (2), other children accused of an offence may be handed over to the father, mother, other family member or guardian, and in their absence, to an institution or person protecting the rights and interests of the child, on the condition of producing them when required.
Act Relating to Children, 2018

Provided that, if the Juvenile Court, considering the physical and mental condition, age, circumstances of committing the offence of a child falling under the circumstances of sub-section (2), feels it is not appropriate to keep them in a Correction Home, there shall be no bar to handing them over to the father, mother, other family member or guardian, and in their absence, to an institution or person protecting the rights and interests of the child under this sub-section, upon setting conditions.

(4) While handing over a child pursuant to sub-section (3), the person taking the child and the child shall be informed about the prescribed conditions and the consequences of non-compliance.

(5) If a child handed over to someone pursuant to sub-section (3) fails to comply with the conditions set by the Juvenile Court, the child may be kept in a Correction Home for the trial of the case. 25. Rights of the Victim Child: A victim child shall have the right to child-friendly justice as follows at every stage of the investigation, prosecution and judicial process:-

(a) To receive information in a language they understand,

(b) To participate or be involved,

(c) To have personal identifying details kept confidential,

(d) To receive reasonable compensation from the offender,

Provided that this clause shall not be deemed to limit the victim's opportunity to receive compensation from the State.

(e) To receive free legal assistance and, if necessary, psychosocial counseling services, and to be able to retain a separate legal practitioner if desired,

(f) To have the facility of a free interpreter, sign language expert or translation if the language used by the investigating body or Juvenile Court is not understood by the victim,

(g) To receive free copies of documents including decisions and orders made by the investigating body or Juvenile Court,

(h) To receive police protection to be safe from harm from the offender or on their behalf,

(i) To have their case heard in camera,

(j) To be able to make the presence of the accused indirect during proceedings if necessary. 26.
Act Relating to Children, 2018

26. Rights Available to Children in the Course of Hearing: (1) In addition to the rights mentioned elsewhere in the prevailing law and this Act, a child shall have the following rights in the course of investigation and hearing of a case:-

(a) To receive information about the accusation against them, the proceedings thereon, and the order or decision made therein, directly or through the family or guardian,

(b) To receive immediate free legal assistance and other necessary support for the defense against the accusation against them,

(c) To have the case processed, heard and adjudicated by a competent judicial body,

(d) To request the presence of the family or guardian as necessary in all processes of juvenile justice administration,

(e) To receive speedy and impartial justice from the Juvenile Court,

(f) To receive confidentiality in the process of juvenile justice administration,

(g) To receive information about constitutional or legal rights,

(h) To have the investigation, prosecution and hearing conducted in a child-friendly environment,

Explanation: For the purpose of this clause, "child-friendly environment" means behavior suitable to the age, maturity and psychology of the child. This includes, among other things, the use of language the child understands, creation of a non-threatening environment, presence of mother, father or other family member or guardian, addressing the individual needs of the child, and availability of a facilitator as needed.

(i) To participate in every stage of the judicial process and have the opportunity to freely express their views,

(j) To have the child's father, mother, guardian participate alongside them in the hearing of the case if the child so desires,

(k) If the father, mother, guardian or parent of the victim child themselves is the offender, the child may, if they wish, stay away from the offender.

(2) A child accused of an offence shall be presumed innocent until adjudged otherwise by the Juvenile Court, and such child shall not be compelled to be a witness against themselves. 27.
Act Relating to Children, 2018

27. Power to Divert: (1) Notwithstanding anything contained in the prevailing law, if diversion appears reasonable for the best interest of the child, the following authorities may decide to divert a child accused of an offence in the following circumstances:-

(a) By the Investigation Officer, in cases where the amount involved is up to five thousand rupees, or the fine is up to two thousand rupees, or imprisonment is up to one month,

(b) By the Government Attorney, in cases where the amount involved is up to ten thousand rupees, or the fine is up to five thousand rupees, or imprisonment is up to three years,

(c) By the Juvenile Court, in cases involving any amount or any fine or imprisonment.

(2) Notwithstanding anything contained in clause (c) of sub-section (1), a child shall not be diverted in cases punishable with imprisonment of three years or more.

(3) If dissatisfied with the diversion order, the child or guardian may file a petition in the Juvenile Court in the case of clauses (a) and (b) of sub-section (1), and in the High Court in the case of clause (c). 28. Matters to be Considered While Diverting: The following matters shall be considered while diverting:-

(a) That the child has admitted to committing the offence,

(b) The consent of the concerned child, their father, mother, and if no parents, other family members or guardian,

(c) That the consent of the victim party has been obtained in a manner ensuring their rehabilitation as far as possible,

(d) The nature of the offence and the circumstances of its commission, the severity of the incident, the age, maturity and intellectual level of the child, family environment, and the harm caused to the victim and their rehabilitation shall be taken as a basis. 29.
Act Relating to Children, 2018

29. Procedure to be Adopted for Diversion: (1) While diverting, considering the wishes of the child as well, one or more appropriate procedures as follows shall be adopted:-

(a) To bring about conciliation or agreement between the child and the victim,

(b) To make the child realize their mistake,

(c) To provide necessary counseling to the child and their family,

(d) To send the child for some community service,

(e) To send the child to an institution for care and protection,

(f) To release the child under the supervision and direction of the Child Welfare Officer,

(g) To entrust the child to the father, mother, other family member or guardian,

(h) To involve the child in some training or educational program.

(2) While diverting by adopting any procedure pursuant to clauses (d), (e), (f), (g) and (h) of sub-section (1), a period shall also be specified.

(3) While diverting by adopting the procedure pursuant to clauses (d), (e) and (f) of sub-section (1), the diversion period shall not exceed the maximum penalty that could be imposed on the child for the offence.

(4) Before diverting a child, the Investigation Officer or Government Attorney shall have a child psychologist and child specialist study and analyze the physical and mental condition of the child, and a social worker study and analyze the economic, cultural condition and background of the child, and obtain a report.

(5) The Investigation Officer, Government Attorney or Juvenile Court, upon diverting a child under sub-section (1), shall inform their superior body and the Juvenile Court.

(6) If a child accused of an offence is diverted, such dispute shall end, and the formal judicial process shall be deemed concluded.

(7) The Investigation Officer, Government Attorney or Juvenile Court diverting a child shall make arrangements to monitor, through a Probation Officer, whether the diverted child is continuously participating in the diversion process.

(8) While diverting a child, the following may be done in compensation for the harm or loss caused to the victim:-

(a) To compensate the victim or make good the actual harm or loss,

(b) To return the property, profit or material obtained from the offence to the relevant owner.

(9) Other provisions relating to diversion shall be as prescribed. 30.