chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Commission for the Investigation of Abuse of Authority Act, 1991

Chapter - 6
Miscellaneous

Amended by the Second Amendment.21. May Obtain Services: (1) The Commission may, as necessary, obtain the services of an expert in the relevant subject matter or a specialized body while conducting investigation, inquiry and other related proceedings under this Act and other prevailing laws.

(2) To obtain services under sub-section (1), the Commission shall appoint the relevant expert or specialized body, and while making such appointment, the Commission shall make an agreement specifying the work to be done by such expert or specialized body, the powers to be exercised, the conditions to be followed, the procedures, and the remuneration and other facilities to be received by such expert or specialized body.

(3) If the Commission requires the services of an employee of the Government of Nepal or a specialized body, notwithstanding anything written in any prevailing law, such employee must be deputed to the Commission for the duration requested by the Commission. Added by the Second Amendment.21a. Provision of Employees: The Government of Nepal shall provide employees according to the approved staff positions for the operation of the Commission. 22. Chief Commissioner to Assign Work: If, besides the Chief Commissioner, other Commissioners are also appointed to the Commission, the Chief Commissioner shall have the authority to allocate work and assign tasks to each Commissioner. 23. Confidentiality of Information: (1) The information or intelligence received by the Commission in the course of investigation and inquiry into abuse of authority under this Act, and the evidence examined or collected by the Commission, shall not be disclosed to the public or the media. Provided, however, that the Commission shall not be prevented from publishing information or details necessary for investigating and inquiring into abuse of authority, submitting a report thereon, or initiating proceedings.

(2) Notwithstanding anything written in sub-section (1), the Commission may also conduct inquiry, investigation and investigation into any matter of public importance deemed appropriate by the Commission openly. Added by the Second Amendment.23a. May Obtain Details or Freeze Transactions: (1) Notwithstanding anything written in any prevailing law, if during investigation into an offense of corruption, information is revealed from any source that a person has conducted transactions or has an active account in any bank or financial institution in Nepal or abroad, the Commission may order the freezing of such transactions or account. According to the Commission's order, the concerned bank or financial institution must freeze such transactions or account.
Commission for the Investigation of Abuse of Authority Act, 1991

According to the Commission's order, the concerned bank or financial institution must freeze such transactions or account. Provided, however, that if it is necessary to freeze such transactions or account with a bank or financial institution located abroad, the Commission may cause the freezing of transactions or account operation through diplomatic channels.

(2) If transactions or accounts are not frozen as per sub-section (1), the Commission may impose a fine of up to fifty thousand rupees on the chief of the concerned bank or financial institution located in Nepal.

(3) The Commission may, if deemed necessary during the investigation, request details of or freeze the property of a person holding a public office. Added by the Second Amendment.23b. May Order Not to Issue or to Seize Passport: Notwithstanding anything written in any prevailing law, based on the gravity of the offense, the circumstances, situation and magnitude of the offense committed by the accused, and the punishment that may be imposed if convicted, the Commission may order the relevant authority not to issue a passport to an accused or to seize the passport if already issued. Added by the Second Amendment.23c. May Restrict Leaving a Place: If proceedings have been initiated under this Act against a person holding a public office, the Commission may, considering the gravity of the offense committed by such person, the circumstances or conditions under which the offense was committed, and the quantum of punishment upon conviction, issue an order restraining an accused from leaving any place or going to any place without the Commission's approval. Amended by the Second Amendment.24. Punishment for Obstruction: If anyone obstructs or opposes the work related to investigation and inquiry under this Act, the relevant court may, based on the Commission's report, impose a fine of up to five thousand rupees or imprisonment for up to six months or both. Amended by the Second Amendment.24a.
Commission for the Investigation of Abuse of Authority Act, 1991

Punishment for Obstruction: If anyone obstructs or opposes the work related to investigation and inquiry under this Act, the relevant court may, based on the Commission's report, impose a fine of up to five thousand rupees or imprisonment for up to six months or both. Amended by the Second Amendment.24a. Provisions Relating to Service of Summons/Notice: (1) Notwithstanding anything written in any prevailing law, when a summons/notice needs to be served in the name of a foreign person regarding an offense under this Act, if such person has any kind of office or representative within Nepal Deleted by the Republic Strengthening and Amending Some Nepal Laws Act, 2066., the summons/notice shall be served in the name of such office or representative, and service so effected shall be deemed to be valid service.

(2) If there is no office or representative under sub-section (1), if such person has a principal place of business, a permanent residential address, or any address provided by him/her for correspondence at the time of transaction, the summons/notice shall be served at such address via telex, telefax or other means of telecommunication capable of producing a record, or by registered post, and service so effected shall be deemed to be valid service.

(3) Notwithstanding anything written in sub-section (1) or (2), if there is a separate provision in any treaty to which the Government of Nepal or Nepal Deleted by the Republic Strengthening and Amending Some Nepal Laws Act, 2066. is a party regarding service of summons/notice in the name of a person residing abroad, this Section shall not be deemed to prevent service of summons/notice as per that provision. Added by the Second Amendment.24b. Publication of Notice: If, while sending a notice or serving a summons/notice in the name of a person under this Act or other prevailing law, a report is received that such notice could not be served or summons/notice could not be delivered due to the address of such person being untraceable or for any other reason, then, notwithstanding anything written in any prevailing law, a public notice shall be published in a national level newspaper (in an English daily for foreigners) at least twice, giving a time limit of up to thirty days for such person to appear, along with a brief description of the subject matter if an investigation has been conducted by the Commission or a case has been filed in court, and upon such publication of notice, such person shall be deemed to have been duly informed or served with summons/notice, notwithstanding anything written in this Act or other prevailing law. Added by the Second Amendment.24c.
Commission for the Investigation of Abuse of Authority Act, 1991

Added by the Second Amendment.24c. Punishment for Filing False Complaint: If any person is proved to have filed a false complaint against any person holding a public office or any public servant or person with the intention of causing loss or damage or trouble to someone without reasonable cause for filing the complaint, the Commission may impose a fine of up to five thousand rupees. 25. No Suit Against the Commission, Commissioners or Employees of the Commission: No suit shall be instituted in any court against the Commission or any Commissioner or employee of the Commission, or any employee or office deputed by the Commission or delegated with authority by it, for any act done in good faith under this Act. 26. Commission May Take Assistance of Other Offices or Employees: (1) For the purpose of investigating and inquiring into abuse of authority, the Commission may take the assistance of any department, office of the Government of Nepal or any public body, including the Police Headquarters, the National Investigation Department and offices under them, and may utilize the services of any employee of such department, office or public body.

(2) If, from the nature of the abuse of authority being investigated and inquired into by the Commission, it appears necessary to consult any expert working in any department, office or public body, or to involve such expert in the investigation and inquiry, the Commission may request the relevant department, office or public body to depute such expert to the Commission for a certain period.

(3) If the Commission requests assistance under sub-section (1) or (2) from any department, office, public body or any employee working therein, it shall be the duty of such department, office, public body or employee to provide assistance to the Commission. 27. Repealed by the First Amendment. 28.
Commission for the Investigation of Abuse of Authority Act, 1991

27. Repealed by the First Amendment. 28. Commission May Give Suggestions: (1) The Commission may, based on facts that come to its notice in the course of its work and proceedings, give suggestions to the relevant office, official or public body as follows:-
 (a) If the Commission feels that any law, decision, order or action is impractical, undesirable or inconsistent, to give a suggestion for amendment with reasons,
 (b) If the Commission finds it necessary for the Government of Nepal or any public body or any office or official thereof to exercise caution or take action in any matter, to suggest what kinds of caution or action are appropriate,
 (c) If the Commission feels that any practice or working method of the Government of Nepal or any public body is defective, to give a suggestion with reasons and grounds to rectify it and to resolve the problems arising from it.

(2) Details of suggestions given under sub-section (1) shall also be included in the annual report of the Commission Deleted by the Republic Strengthening and Amending Some Nepal Laws Act, 2066.. Amended by the Second Amendment.29. Case May Be Filed Against Retired Person: (1) Nothing written in this Act shall be deemed to prevent the Commission from taking action or filing a case against a person holding a public office, regarding abuse of authority committed by him/her while holding office, even after he/she has retired from office.

(2) Notwithstanding anything written elsewhere in this Act, if any officer holding a public office had committed abuse of authority while he/she was in such office, and it was not possible to take immediate action under this Act in that regard, nothing shall prevent action being taken or a case being filed against him/her under this Act after he/she retires from such office, by whatever means. Added by the Second Amendment.29a. No Bar to Proceeding with and Disposing of Case: Notwithstanding anything written in any prevailing law, even if an accused or defendant dies before or after filing a case under this Act, there shall be no bar to proceeding with and disposing of the case against such accused or defendant. Added by the Second Amendment.29b. Property to be Confiscated: If it is proved that a person holding a public office, by committing corruption according to this Act or other prevailing law, has kept property acquired through such means, along with other property increased from it, in his/her name or in the name of another person, such property shall be confiscated.
Corporation Act, 1964

Corporation Act, 2021

Royal Seal and Publication Date
2021.6.17

Amending Acts

1. Repeal and Amendment Act, 2022 2022.12.10
2. Corporation (First Amendment) Act, 2030 2030.5.15
3. Judicial Administration Reform Act, 2031 2031.4.18
4. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
5. Judicial Administration Act, 2048 2048.2.16

Certification and Publication Date

6. Republic Strengthening and Certain Nepal
 Laws Amendment Act, 2066 2066.1.07
7. Certain Nepal Acts Amendment Act, 2072 2072.11.13

Act No. 23 of the year 2021



An Act Made to Provide for Matters Relating to Corporations

Preamble: Whereas it is desirable to bring uniformity by making some necessary legal provisions relating to corporations established by the Government of Nepal,

This Act is made by His Majesty King Mahendra Bir Bikram Shah Dev on the advice and with the consent of the National Panchayat. 1. Short Title and Commencement: (1) This Act may be called the "Corporation Act, 2021".

(2) This Act shall come into force immediately. 2. Definitions: In this Act -

(a) "Corporation" means a corporation established pursuant to section 3.

(b) In relation to any corporation, "Board of Directors" or "Director" means the "Board of Directors" or "Director" of that corporation.

(c) "Concerned Department" means the concerned department of the Government of Nepal or any other department or official designated by the Government of Nepal by notification published in the Nepal Gazette. 3. Establishment of Corporation: (1) If the Government of Nepal considers it necessary or expedient to carry out any work that is in the national interest or for the health, convenience, or economic interest of the general public through a corporation, the Government of Nepal may, after publishing a notification in the Nepal Gazette specifying the following matters, establish and constitute such a corporation:-

(a) Name of the corporation,
(b) Place and address of the principal office of the corporation,
(c) Objectives of the corporation, and
(d) Names, addresses, and occupations of the members of the Board of Directors of the corporation.

(2) The corporation shall be Amended by the Repeal and Amendment Act, 2022.a body corporate with perpetual succession and shall have a separate seal for all its activities.

(3) The corporation may acquire, hold, and transfer or receive movable and immovable property in any manner like a natural person.

(4) The corporation may sue and be sued in its own name. 4. Board of Directors: (1) Every corporation shall have such number of Directors nominated by the Government of Nepal as may be specified by the Government of Nepal.
Corporation Act, 1964

4. Board of Directors: (1) Every corporation shall have such number of Directors nominated by the Government of Nepal as may be specified by the Government of Nepal. Among such Directors, the Director designated by the Government of Nepal shall be the Chairperson.

(2) Directors shall hold office for such period as the Government of Nepal may wish.

(3) If the office of any Director becomes vacant by reason of death, resignation, or any other cause, and the Government of Nepal nominates another person to fill such vacancy, a notice of that fact including the name, address, and occupation of such Director shall be published in the Nepal Gazette. 5. Disqualification for Director: The following persons shall be disqualified from being a Director of any corporation:-

(a) A person who has not attained the age of twenty-one years,
(b) A lunatic,
(c) A person who has been convicted by a court of an offence of theft or fraud of any kind, or of taking or accepting a bribe, or of unauthorized destruction or misappropriation of property in his or her custody,
(d) A person who has been declared insolvent or has been adjudicated an insolvent,
(e) A person who has any private interest in any contract, lease, or agreement with the corporation. 6. Powers and Duties of Board of Directors: The Board of Directors of a corporation shall exercise all powers and perform all duties vested in the corporation under this Act or the regulations made under this Act. 7. Change of Objectives or Functions of Corporation: (1) If at any time it becomes necessary to make any change in any objective of the corporation or any work or activity specified to be carried out by the corporation, the Board of Directors may, stating the reasons, submit a report to the Government of Nepal for approval thereof, and upon receipt of such report, if the Government of Nepal considers it reasonable, it may grant approval thereof.

(2) After approval by the Government of Nepal pursuant to sub-section (1), a notice regarding the objectives and work and activities of the corporation shall be published in the Nepal Gazette and in major newspapers, and only after such notice is published may the objectives or work and activities of the corporation be changed accordingly. 8.
Corporation Act, 1964

8. Fund of Corporation: (1) There shall be a Corporation Fund consisting of the following sums, and all sums required to be expended on behalf of the corporation shall be defrayed from that Fund:-

(a) Sums given as grants to the corporation by the Government of Nepal or any other person, and
(b) All sums received by the corporation from its property, transactions, or loans.

(2) All cash of the corporation shall be deposited in an account called the "Corporation Fund" in the Nepal Rastra Bank where such Bank exists, and in any other local bank where such Bank does not exist. 9. Accounts of Corporation, etc.: (1) All registers and records of the income, expenditure, and accounts of the corporation shall be maintained as prescribed by the Government of Nepal.

(2) The accounts of the income and expenditure of the corporation shall be audited every year by an auditor appointed by the Government of Nepal, and it shall be the duty of such Director or employee of the corporation to provide any document or information requested by such auditor in the course of performing his or her duties.

(3) After completing the audit of the books, the auditor shall prepare a report on the audit clearly mentioning the following matters, and shall submit one copy of such report to the Government of Nepal and another copy to the corporation:-

(a) Whether the profit and loss account prepared by the corporation contains the items that should be included, and whether the accounts show the true financial position of the corporation,
(b) Whether the submitted income and expenditure accounts are regular,
(c) Whether any requested document, explanation, or information was provided or not, and if provided, whether it is satisfactory,
(d) Whether the method of maintaining the accounts of the corporation is correct, and
(e) Any other matter considered necessary by the auditor. 10. Power to Give Directions to Corporation: The Government of Nepal may give necessary directions to the corporation for the proper management and smooth operation of the corporation, and it shall be the duty of the corporation to comply with such directions. 11. Liaison with Government of Nepal: When the corporation liaises with the Government of Nepal in the course of its work and activities, or when the Government of Nepal gives any direction to the corporation pursuant to section 10, such liaison or direction shall be made or given through the concerned department. 12.
Corporation Act, 1964

12. Protection of Officers Regarding Loss or Damage: No Director or any employee of the corporation shall be personally liable for any loss or damage caused by anything done or attempted to be done in good faith for the purpose of performing his or her duty under this Act or the regulations made under this Act. 13. Penalties: (1) Any person who knowingly or with mala fide intention shows a false fact, suppresses a true fact, or alters the content in any detail, account, report, or any other document required to be kept, prepared, or submitted under this Act or the regulations made under this Act, or attempts to do so, shall be liable to imprisonment for up to three years or a fine of up to three thousand rupees, or both.

(2) If any Director or any employee of the corporation knowingly, negligently, or with mala fide intention does any act or thing other than those mentioned in sub-section (1) and causes loss or damage to the corporation, he or she shall be liable to imprisonment for up to one year or a fine of up to one thousand rupees.

(3) If any Director or any employee of the corporation obstructs or opposes the auditor appointed under section 9 or any other authorized officer in the performance of his or her work, or without any reasonable cause fails to provide the necessary document, explanation, or information requested by him or her, he or she shall be liable to a fine of up to one thousand rupees.

(4) If any loss or damage is caused to the corporation by an offence punishable under this section, the amount of such loss or damage shall also be recovered from the persons committing such offence according to the principle of joint and several liability. 14. Dissolution: If it appears necessary to dissolve any corporation for any reason, the Government of Nepal may, by notification published in the Nepal Gazette, dissolve such corporation, and after such notification is published accordingly:-

(a) All property and liabilities of such corporation shall vest in the Government of Nepal, and
(b) All contracts and agreements entered into by such corporation shall, except those made with mala fide intention, be deemed to have been entered into with the Government of Nepal. Added by the First Amendment effective from 2030 Shrawan 1.14A.
Corporation Act, 1964

Added by the First Amendment effective from 2030 Shrawan 1.14A. Transfer of Property and Liabilities of Dissolved Corporation to Other Institutions and Corporations: If any corporation is dissolved pursuant to section 14, the Government of Nepal may, by notification published in the Nepal Gazette, with the consent of any institution formed under any other prevailing Nepal law or any corporation formed under this Act, assign to such institution or corporation all property and liabilities of the dissolved corporation that vest in the Government of Nepal, and upon such assignment, the contracts and agreements entered into by the dissolved corporation shall be deemed to have been entered into with the institution or corporation to which the property and liabilities of the dissolved corporation are assigned, and the provisions of the Nepal law relating to such assigned institution or corporation shall apply in that regard. 15. Complaint and Proceedings of Cases: (1) Cases punishable under this Act may be instituted only upon a complaint by the corporation or the concerned department, and the concerned department may, in accordance with sub-section (2), initiate proceedings in cases within its jurisdiction even without any complaint. Amended by the Judicial Administration Reform (Fourth Amendment) Act, 2043.(2) The concerned department shall have the authority to conduct proceedings and decide cases relating to offences punishable under sub-section (3) of section 13, and an appeal against the judgment or final decision made by the concerned department shall lie to the Amended by the Certain Nepal Acts Amendment Act, 2072.High Court.

(3) Deleted by the Certain Nepal Acts Amendment Act, 2072

16. Power to Make Regulations: (1) For the purpose of fulfilling the objectives of this Act and regulating all its work and activities, every corporation may make its own regulations. Provided that such regulations shall not come into force until approved by the Government of Nepal.

(2) Without prejudice to the generality of the power conferred by sub-section (1), the corporation may, in particular, make regulations on the following matters:-

(a) The work to be done by the corporation and the manner thereof,
(b) The manner and procedure of the work of the Board of Directors,
(c) Matters relating to the branches or sub-branches of the corporation,
(d) Appointment, promotion, facilities, discipline, and other terms and conditions of service of the employees of the corporation,
(e) Operation of the fund of the corporation,
(f) Procedure, authority, etc. for entering into contracts, leases, or agreements on behalf of the corporation, and
(g) Other matters necessary for the smooth and orderly conduct of its work and activities.
Passport Act, 2019

Passport Act, 2076

Certification Date
2076.06.27

Amending Acts

1. Act to Amend Some Nepal Acts, 2082 2082.04.14

Act No. 11 of the year 2076

An Act Made to Amend and Consolidate Laws Relating to Passports

Preamble: Whereas, it is desirable to regulate and systematize matters relating to passports, including travel permits, issued to Nepali citizens going abroad, and to amend and consolidate the prevailing laws relating to passports;

The Federal Parliament has enacted this Act. Chapter-1
Preliminary

1. Short title and commencement: (1) This Act may be called the “Passport Act, 2076”.

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

(a) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules made under this Act or in an order published by the Government of Nepal in the Nepal Gazette.

(b) “Mission” means a Nepali Embassy, Permanent Mission, Nepali Consulate General, Consulate, or Special Mission located in a foreign country, and the term also includes any office abroad established by the Government of Nepal to perform diplomatic work.

(c) “Ministry” means the Government of Nepal, Ministry of Foreign Affairs.

(d) “Travel permit” means a travel permit issued pursuant to Section 17.

(e) “Passport” means a machine-readable, electronic, or biometric passport issued by the Government of Nepal to a Nepali citizen going abroad.

(f) “Department” means the Department of Passports.

(g) “Travel on official business” means travel for specified work pursuant to a decision of the Federal or Provincial Government and their subordinate bodies, local level, Federal Parliament, Provincial Assembly, and constitutional bodies, as well as travel on a formal invitation from foreign, governmental, semi-governmental, or internationally recognized organizations. Chapter-2
Relating to Passports

3. Passport to be carried: (1) A Nepali citizen, when traveling abroad, shall carry a passport with a remaining valid period.

(2) Notwithstanding anything written in sub-section (1), if pursuant to a treaty or agreement between the Government of Nepal and any foreign state or government, a Nepali citizen is not required to have a passport to travel to a certain country, travel to such country may be undertaken without a passport. 4. Issuance of passport: (1) The authority to issue a passport shall vest in the Government of Nepal.

(2) The work of issuing a passport on behalf of the Government of Nepal pursuant to sub-section (1) shall be done by the Department.

(3) While issuing a passport or travel permit, the Department shall issue it in accordance with the prevailing standards of the International Civil Aviation Organization (ICAO). 5.
Passport Act, 2019

5. Types of passport: (1) The types of passports to be issued pursuant to Section 4 shall be as follows:-

(a) Diplomatic passport,

(b) Special passport,

(c) Service passport,

(d) Ordinary passport.

(2) The validity period of a passport issued pursuant to sub-section (1) shall be as prescribed. 6. Diplomatic passport: The Department shall issue a diplomatic passport to such officials as prescribed who travel abroad on official business or for special work, upon receipt of a decision or recommendation from the concerned Ministry, constitutional body, or secretariat. 7. Special passport: The Department shall issue a special passport to such officials and employees as prescribed who, being nominated by the Government of Nepal, Provincial Government, or any government body, travel abroad for official work, study, study tour, or training, upon receipt of a written communication along with a decision from the concerned body. 8. Service passport: (1) The Department shall issue a service passport to personal assistants and classless employees accompanying an Ambassador, Permanent Representative, Special Representative, Consul General, and gazetted level employees posted to a mission, upon receipt of a written communication from the Ministry.

(2) The Department may issue a service passport to a Nepali citizen working as a local employee in a mission, upon receipt of a written communication from the Ministry or the mission. 9. Ordinary passport: (1) The Department may issue an ordinary passport to a Nepali citizen.

(2) Other provisions relating to the ordinary passport shall be as prescribed. 10. Application for passport: (1) A Nepali citizen desiring to obtain a passport shall submit an application to the Department, Mission, or prescribed body, in the format as prescribed, attaching the original and a copy of the Nepali citizenship certificate or the original and a copy of the national identity card issued by the Government of Nepal, along with documents as prescribed.

(2) Notwithstanding anything written in sub-section (1), in the case of a minor Nepali citizen below the age of sixteen years, any one of the applicant’s father, mother, guardian, or the person in charge shall submit the application attaching documents as prescribed.

(3) Even if none of the father, mother, guardian, or person in charge of the minor has submitted an application for issuing a passport in the name of the minor, the Department may issue a passport in the following circumstances:-

(a) If a court has issued an order to issue a passport in the name of such minor, or

(b) In other circumstances as prescribed.

(4) Upon examining an application for a passport filed pursuant to sub-sections (1) and (2), if the Department finds that the passport can be issued, it shall keep a record thereof and issue the passport. 11.
Passport Act, 2019

11. Distribution of passport: (1) The body to which the application for a passport was submitted shall keep a record and distribute the passport.

(2) Other provisions relating to distribution of passport shall be as prescribed. 12. Not to issue or to withhold passport: (1) Notwithstanding anything written elsewhere in this Act, a passport may not be issued or may be withheld in the name of the following persons:-

(a) A person against whom an investigation officer has sent a written communication not to issue or to withhold a passport in connection with an investigation into an offense relating to passport, immigration, corruption, money laundering, human trafficking, kidnapping, narcotics, illegal arms trafficking, organized crime, or terrorism,

(b) A person against whom a case is pending in court on a charge of an offense relating to passport, immigration, corruption, money laundering, human trafficking, kidnapping, narcotics, illegal arms trafficking, organized crime, or terrorism, where the court has sent a written communication not to issue or to withhold the passport of such person pursuant to a court order,

(c) A person who has been convicted by a court of an offense relating to passport, immigration, corruption, money laundering, human trafficking, kidnapping, narcotics, illegal arms trafficking, organized crime, or terrorism and is serving a sentence,

(d) A person who has been blacklisted under prevailing law for failing to repay a loan from a bank or financial institution,

(e) A person against whom the Government of Nepal or a court has imposed a travel ban or ordered not to issue a passport or to withhold an already issued passport with reasonable cause,

(f) A case where the passport issuing body has decided not to issue or to withhold the passport stating grounds and reasons,

(g) A case where the passport holder has a passport issued in his/her name with a remaining validity period of more than one year.

(2) If the Department is unable to issue an ordinary passport for a reason under sub-section (1), it shall inform the concerned applicant accordingly.

(3) In the situation referred to in clause (a) of sub-section (1), if a court orders the issuance of a passport or not to withhold the passport, a passport shall be issued in the name of such person.

(4) If a person is acquitted by a court for an offense under clause (b) of sub-section (1), or amended by the Act to Amend Some Nepal Acts, 2082.if the sentence for an offense under clause (c) is served as per law, a passport shall be issued in the name of such person.

(5) If the concerned body sends a written communication stating that the situation under clause (d), (e), or (f) of sub-section (1) no longer exists, a passport may be issued in the name of such person.
Passport Act, 2019

13. More than one passport may be issued: Notwithstanding anything written elsewhere in this Act, a new passport may be issued while the validity period of the passport still remains in the following circumstances:-

(a) If a holder of a diplomatic or special passport applies to obtain an ordinary passport,

(b) If a holder of an ordinary passport applies to obtain a diplomatic or special passport under prevailing law. 14. Passport may be issued while validity period remains: Notwithstanding anything written in clause (chha) of sub-section (1) of Section 12, even if the passport holder has a passport issued in his/her name with a remaining validity period of more than one year, a new passport may be issued in the following circumstances:-

(a) If the passport has become old and illegible, torn, worn out, or has errors in details and is unfit for use,

(b) If the pages of the passport are filled and there are insufficient pages,

(c) If the surname has changed,

(d) If the passport prepared by the Department is lost or destroyed before distribution to the concerned person,

(e) If a minor has reached the age of sixteen years and wishes to obtain a passport,

(f) If the passport was issued under special circumstances,

(g) In other circumstances as prescribed. 15. Passport may be cancelled: (1) The Department may cancel a passport in the following circumstances:-

(a) If the passport holder informs the Department or Mission that the passport issued in his/her name is lost,

(b) If the passport is cancelled or annulled by a court order,

(c) If the passport holder ceases to be a Nepali citizen,

(d) If it is proven that a non-Nepali citizen has obtained a passport,

(e) If a passport was obtained by submitting false details,

(f) If an applicant, having applied for a passport, does not collect it within the prescribed time.

(2) In the event a passport is cancelled pursuant to clauses (a), (b), (c), (d), and (e) of sub-section (1), the Department shall inform the concerned body of the Government of Nepal, foreign missions in Nepal, and the office of Interpol in Nepal.

(3) If a Nepali citizen loses his/her passport abroad and applies to the Mission for a new passport, the Mission shall send a written communication to the Department to cancel the lost passport, specifying all details of the passport holder and the passport number, and shall also inform the immigration office in Nepal, the ministry of foreign affairs of the country where the concerned Mission is located, and foreign missions in that country. 16.
Passport Act, 2019

16. Use of passport: (1) Provisions relating to the use of diplomatic and special passports shall be as prescribed.

(2) A holder of a diplomatic or special passport shall surrender such passport to the Department after the purpose under sub-section (1) is concluded. Provided that a person holding a prescribed public office may retain the diplomatic or special passport with him/her for a period as prescribed. Chapter-3
Relating to Travel Permits and Seaman’s Record Book

17. Travel permit: (1) The Department and Missions may issue travel permits.

(2) The conditions for obtaining a travel permit issued pursuant to sub-section (1) and the circumstances under which it must be issued shall be as prescribed. 18. Seaman’s Record Book (Seaman’s Passport): (1) The Department or a Mission may issue a Seaman’s Record Book (Seaman’s Passport) to a Nepali citizen going to work on a ship.

(2) If an ordinary passport holder, for the purpose of going to work on a ship, submits an application to the Department or Mission for a Seaman’s Record Book (Seaman’s Passport) attaching documents as prescribed, the Department or Mission shall, subject to prescribed conditions, issue a Seaman’s Record Book (Seaman’s Passport). Chapter-4
Relating to Passports Issued in Temporary and Special Circumstances

19. Temporary passport may be issued: If a Nepali citizen abroad has a passport whose validity period has expired, or is lost, destroyed, or worn out and cannot be used, and if he/she applies to the Mission for a new passport, the Mission may issue a temporary passport to him/her for a period of up to nine months until the new passport is issued. 20. Passport issued in special circumstances: (1) If a minor son or daughter of a Nepali citizen has gone and resides abroad, and has reached the age of sixteen years but has not been able to obtain a Nepali citizenship certificate, and if he/she submits an application attaching documents as prescribed along with proof that he/she has not taken the citizenship of a foreign country nor applied for foreign citizenship, the Mission may issue an ordinary passport in his/her name once for a period of up to two years. Provided that if due to circumstances beyond control he/she submits an application stating the reason for not being able to obtain a Nepali citizenship certificate, the Mission may issue an ordinary passport to him/her for an additional period of two years.

(2) Within the period under sub-section (1), such passport holder may obtain a Nepali citizenship certificate and obtain an ordinary passport. Chapter-5
Relating to Offenses and Penalties

21.
Passport Act, 2019

Chapter-5
Relating to Offenses and Penalties

21. Offense: If any person commits, causes to commit, or assists in committing any of the following acts, he/she shall be deemed to have committed an offense under this Act:-

(a) Obtaining or attempting to obtain a passport or travel permit by submitting false details,

(b) Traveling abroad or attempting to travel without obtaining a passport or travel permit under this Act,

(c) Failing to comply with an order or directive given by the Government of Nepal,

(d) Using a passport for a purpose other than the purpose for which it was issued,

(e) Allowing others to use one’s own passport or using a passport in another person’s name,

(f) Altering the photograph or details in a passport,

(g) Malafidely keeping another person’s passport under control without his/her consent,

(h) Doing any other act in contravention of this Act or the rules made under this Act. 22. Penalty: (1) If any person commits an offense under clause (a), (b), (c), (d), (e), (f), or (chha) of Section 21, such offender shall be liable to a fine of two hundred thousand rupees to five hundred thousand rupees or imprisonment for one year to three years or both.

(2) If any person, other than as written in sub-section (1), does any act contrary to this Act or the rules made under this Act, he/she shall be liable to a fine of fifty thousand rupees to one hundred thousand rupees or imprisonment for six months to one year or both.

(3) If any person orders or abets the commission of any offense punishable under sub-sections (1) and (2), the offender shall be liable to the same penalty as the principal offender, and an abettor who assists in the commission of the offense shall be liable to half the penalty imposed on such offender. 23. Proceedings under prevailing law not barred: If any act deemed an offense under this Act also constitutes an offense under any other prevailing law, nothing written in this Act shall be deemed to bar the institution of a case and proceeding against such offense under the prevailing law. Chapter-6
Miscellaneous

24. Color, format and size of passport: The color, format, and size of passports issued pursuant to Sections 5, 17, 18, 19, and 20 shall be as prescribed. 25. Fee: (1) No fee shall be charged for issuing diplomatic, special, and service passports.

(2) A fee as prescribed shall be charged for issuing ordinary passports, travel permits, Seaman’s Record Books (Seaman’s Passports), temporary passports, and passports issued in special circumstances. 26.
Passport Act, 2019

25. Fee: (1) No fee shall be charged for issuing diplomatic, special, and service passports.

(2) A fee as prescribed shall be charged for issuing ordinary passports, travel permits, Seaman’s Record Books (Seaman’s Passports), temporary passports, and passports issued in special circumstances. 26. Passport may be surrendered: (1) An ordinary passport holder may surrender to the Department the passport issued in his/her name if it is no longer required or cannot be kept with him/her for any other reason.

(2) The Department shall cancel the passport surrendered pursuant to sub-section (1). 27. Electronic record and personalization: (1) The Department shall process the personal details of the applicant, certified by the concerned body along with the application for a passport, through technological means and carry out the work relating to passport personalization.

(2) The Department shall prepare and securely maintain electronic records of passports, travel permits, and Seaman’s Record Books (Seaman’s Passports) in a format as prescribed.

(3) Details of travel permits and Seaman’s Record Books (Seaman’s Passports) issued by Missions shall be sent to the Department every three months. 28. Documents to be kept safely: (1) Applications for passports and attached documents shall be kept safely for a period of twelve years from the date of issuance of the passport.

(2) The Department shall destroy passports cancelled under this Act as prescribed.

(3) The procedure for destroying documents under sub-section (1) shall be in accordance with prevailing law. 29. Government to be plaintiff: In cases relating to offenses punishable under this Act, the Government of Nepal shall be the plaintiff, and such cases shall be deemed to be included in Schedule-1 of the National Criminal Procedure Code, 2074. 30. Appeal: If the Department refuses to issue a passport or decides to cancel a passport, a person not satisfied may file an appeal in the High Court of the province where the Department is located within thirty-five days from the date of receipt of such notice. 31. Delegation of authority: The Department may delegate some of the powers vested in it under this Act to other bodies or officers as required. 32. Protection of acts done in good faith: No employee shall be personally liable in respect of any act done in good faith under this Act. Provided that nothing in this section shall be deemed to bar any legal action in respect of consequences arising from an act done negligently. 33. Power to frame rules: The Government of Nepal may frame necessary rules for implementing this Act. 34. Power to frame procedures: The Ministry may frame necessary procedures not inconsistent with the objectives of this Act. 35.
Smallpox Control Act, 1963

Smallpox Control Act, 2020

Date of Royal Seal and Publication
2020.1.16

Amending Acts

1. Act to Amend Some Nepal Acts, 2048 2049.1.8
2. Act to Strengthen the Republic and Amend Some Nepal Laws, 2066 2066.1.7
3. Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 2072.6.14
4. Act to Amend Some Nepal Acts, 2072 2072.1.13

Act No. 27 of the year 2020



An Act Made to Provide for Vaccination to Prevent Smallpox in Children

Preamble: Whereas it is desirable to make compulsory provision for vaccination to prevent smallpox in children in Nepal Omitted by the Act to Strengthen the Republic and Amend Some Nepal Laws, 2066.,

Therefore, His Majesty King Mahendra Bir Bikram Shah Dev, with the advice and consent of the National Panchayat, has enacted this Act. 1. Short Title, Extent and Commencement: (1) This Act may be called the "Smallpox Control Act, 2020".

(2) This Act shall come into force in such places as may be specified by the Government of Nepal by notification published in the Nepal Gazette from time to time, from the date so specified. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Child" means a Amended by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072. child who has not completed the age of 12 years.

(b) "Local Area" means an area under the control of a municipality or Amended by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072. a rural municipality.

(c) "Primary Vaccination" means the first successful vaccination of a child.

(d) "Unprotected Child" means a child who has not had smallpox and has not been vaccinated, or a child who has not had a successful vaccination within 3 years.

(e) "Vaccination" means vaccination given to a child to prevent smallpox.

(f) "Vaccination Station" means a vaccination station under the Department of Health of the Government of Nepal.

(g) "Vaccination District" means a local area or a part of a local area divided under this Act for the purpose of vaccination.

(h) "Vaccinator" means a person appointed under this Act for vaccination or a non-governmental person licensed by the Government of Nepal; this term also includes a Superintendent of Vaccination.

(i) "Local Authority" means an authority appointed by the Government of Nepal, and until such authority is appointed, means the Chief District Officer.

(j) "Prescribed" or "as prescribed" means prescribed or as prescribed by the rules made under this Act. 3. Division of Local Area: A local area may be divided into necessary vaccination districts. 4.
Smallpox Control Act, 1963

3. Division of Local Area: A local area may be divided into necessary vaccination districts. 4. License Required: After the commencement of this Act, no person shall vaccinate without a license. 5. Superintendent of Vaccination and Vaccinator: For each vaccination station, one or more vaccinators possessing the prescribed qualifications shall be appointed, and for each local area, one or more Superintendents of Vaccination possessing the prescribed qualifications may be appointed. 6. Non-Governmental Vaccinators: Non-governmental vaccinators possessing the prescribed qualifications may be granted a license by the Government of Nepal as prescribed, and the Government of Nepal may grant the right to vaccinate to such non-governmental vaccinators, suspend such granted right, and revoke the license so granted. 7. Vaccination of Unprotected Child: (1) The guardian of every unprotected child shall cause the child to receive primary vaccination before the child reaches the age of 6 months.

(2) The guardian shall cause the child to be vaccinated at equal intervals not exceeding 3 years until the child completes the age of 12 years. Provided that if the relevant medical officer of the vaccination station is of the opinion that an outbreak of smallpox has occurred and gives notice thereof, the guardian shall cause the child to be vaccinated even before such period.

(3) If the residence of an unprotected child changes, the guardian of such child shall, within 1 month of the change of residence, give notice to the relevant vaccination station with full particulars of the new residence.

(4) If the vaccinator finds that the health of an unprotected child is not suitable for vaccination, the vaccinator shall give a certificate to the guardian of such child stating that the child's health is not suitable for vaccination, stating the cause of illness, and such certificate shall be effective only for the period specified therein.

(5) After the period of illness expires, the guardian of such child shall bring such child to the vaccination station for vaccination or, if the guardian so wishes, cause the vaccinator to vaccinate the child at the guardian's own residence.