chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Tobacco Product (Control and Regulation) Act, 2011

Chapter-5
Penalties and Appeal

17. Penalties: (1) If any person smokes or uses tobacco products in a public place contrary to this Act, the Manager shall impose the following penalties:-

(a) Immediately prohibit such smoking or tobacco use, and if the person fails to comply with such prohibition or repeatedly smokes or uses tobacco products, expel them from such public place or impose a fine of one hundred rupees, or both penalties.

(b) If the person smoking or using tobacco products is a person or employee associated with the public place, immediately prohibit the smoking or tobacco use, and if they repeatedly smoke or use tobacco products, treat them as being in breach of discipline and issue a warning or take other departmental action in accordance with the law relating to their service conditions.

(2) If a Manager smokes or uses tobacco products in a public place contrary to this Act, they shall be treated as being in breach of discipline and the authorized officer according to law shall issue a warning or take departmental action against them.

(3) The amount collected as a fine by the Manager pursuant to Clause (a) of Sub-section (1) shall be deposited into the revenue account.

(4) The decision made by the Manager or the authorized officer pursuant to Sub-section (1) or (2) shall be final.

(5) In the following circumstances, the Adjudicating Officer shall impose the following penalties on the concerned person:-

(a) If a notice is not posted pursuant to Section 5, a fine of up to five thousand rupees,

(b) If any act required under Sections 7, 8, and 9 is not performed, confiscation of such tobacco products and a fine of up to fifty thousand rupees,

(c) If any act contrary to Section 10 is done, a fine of up to one hundred thousand rupees,

(d) If any act contrary to Section 11 is done, a fine of up to ten thousand rupees,

(e) For any other act contrary to this Act, other than those mentioned in Clauses (a), (b), (c), and (d), a fine of up to five thousand rupees. 18. Appeal: A person dissatisfied with the decision made by the Adjudicating Officer pursuant to Sub-section (5) of Section 17 may file an appeal with the concerned amended by the Act to Amend Some Nepal Acts, 2072.District Court within thirty-five days from the date of such decision. Chapter-6
Miscellaneous

19.
Tobacco Product (Control and Regulation) Act, 2011

18. Appeal: A person dissatisfied with the decision made by the Adjudicating Officer pursuant to Sub-section (5) of Section 17 may file an appeal with the concerned amended by the Act to Amend Some Nepal Acts, 2072.District Court within thirty-five days from the date of such decision. Chapter-6
Miscellaneous

19. Formation of Committee: (1) For the purpose of, among others, determining policy in relation to the control and regulation of tobacco products, a Tobacco Products Control and Regulation Committee shall be formed consisting of the following members:-

(a) Secretary, Ministry of Health and Population - Chairperson

(b) Director, National Health Education Information and Communication Centre - Vice-Chairperson

(c) One person nominated by the Ministry from among individuals working in government health institutions involved in the prevention or treatment of cancer, lung, or heart diseases - Member

(d) Two persons, including one woman, nominated by the Ministry from among individuals working in non-governmental organizations established with the objective of controlling smoking and tobacco use and in private sector health institutions - Member

(e) One person nominated by the Ministry from among individuals working in the social sector - Member

(f) Law Officer, Ministry of Health and Population - Member-Secretary

(2) The term of office of the nominated members pursuant to Sub-section (1) shall be two years.

(3) Notwithstanding anything contained in Sub-section (1), a nominated member may be removed from the post on prescribed grounds.

(4) The Secretariat of the Committee shall be provided by the Ministry.

(5) The procedures relating to the meetings of the Committee shall be as determined by the Committee itself.

(6) The Committee may, if it deems necessary, invite experts from related fields to its meetings. 20.
Tobacco Product (Control and Regulation) Act, 2011

20. Functions, Duties, and Powers of the Committee: The functions, duties, and powers of the Committee shall be as follows:-

(a) To submit suggestions to the Ministry regarding policies to be adopted and laws to be amended for the control and regulation of tobacco products,

(b) To conduct awareness programs regarding the negative impacts of smoking and tobacco use to discourage them,

(c) To adopt necessary measures for helping individuals addicted to smoking or tobacco use to overcome such addictions and lead a healthy life,

(d) To monitor and evaluate the work and activities of Inspectors,

(e) To issue necessary directions to Inspectors regarding their work and activities,

(f) To coordinate with relevant bodies to include topics relating to the harm caused to health by tobacco products in textbooks,

(g) To carry out necessary work for the reduction of import, production, sale, distribution, and consumption of tobacco products,

(h) To mobilize resources for the control of import, production, sale, distribution, and consumption of tobacco products and for the prevention and treatment of diseases caused by the use of tobacco products,

(i) To perform or cause to perform such other functions as prescribed. 21. Confiscated Tobacco Products to be Destroyed: (1) The Adjudicating Officer shall destroy the tobacco products confiscated under this Act.

(2) While destroying tobacco products pursuant to Sub-section (1), the Adjudicating Officer shall do so in a manner that does not adversely affect human health and the environment. 22. Health Tax Fund: (1) The Government of Nepal shall establish a Health Tax Fund for the control of smoking and tobacco products and for the prevention and treatment of diseases caused by their consumption.

(2) In addition to the amount allocated annually by the Government of Nepal, amounts as prescribed shall be deposited into the Fund established pursuant to Sub-section (1).

(3) The amount allocated pursuant to Sub-section (2) shall not be less than the amount allocated in the previous fiscal year.

(4) The amount deposited in the Fund under this Section shall be expended as prescribed. 23. Case to be on behalf of Government: A case under this Act shall be on behalf of the Government of Nepal. 24. Summary Procedure to be Followed: While conducting proceedings and disposing of a case under this Act, the Adjudicating Officer shall follow the procedure under the Summary Procedure Act, 2028. 25. Adjudicating Officer: The initial proceedings and disposal of a case under this Act shall be carried out by the Chief District Officer of the concerned district. 26. Assistance to be Provided: While performing any work or activity under this Act, the Manager or Inspector may request the assistance of the local administration.
Provisional Tax Collection Act, 1955

Temporary Tax Collection Act, 2012

Royal Seal Date
2012.7.18

Publication Date
2012.9.11

Amending Acts

1. Temporary Tax Collection (First Amendment) Act, 2037 2037.5.6.6
2. Some Nepal Acts Relating to Finance (Amendment) Act, 2047 2047.8.27.5

Ratification and Publication Date
3. Republic Strengthening and Some Nepal Laws Amendment Act, 2066This Act shall be deemed to have come into force from Jestha 15, 2065. 2066.1.07

Act No. 14 of 2012



This Act is made and promulgated by His Majesty the Maharajadhiraja to make provision for the collection of temporary tax. 1. Short Title: This Act may be called the "Temporary Tax Collection Act, 2012". 2. Definition: In this Act-

(a) "Notified Order" means an order published in the Nepal Gazette.

(b) "Published" means published in the Nepal Gazette. 3. Power to Make Notified Order under this Act: If the Government of Nepal deems it necessary to enact an Act regarding the imposition or increase of customs duty or excise duty or any other tax, and if it considers it desirable, in the public interest, to impose or increase such customs duty or excise duty or any other tax immediately, the Government of Nepal may, by a Notified Order, impose or increase such tax. 4. Effect and Duration of Notified Order Issued under this Act: (1) A Notified Order so issued shall have the force of law from the date specified in such Notified Order.

(2) A Notified Order shall not have the force of law under this Act in the following circumstances:-

(a) If the substance of this Notified Order, with or without amendment, becomes law and is enforced,

(b) If the Government of Nepal directs by a notice in the Nepal Gazette that it shall not have the force of law,

Amended by Some Nepal Acts Relating to Finance (Amendment) Act, 2047.(c) If not as per (a) and (b) above, immediately upon the expiry of 6 months from the date of publication in the Nepal Gazette. Deleted by Some Nepal Acts Relating to Finance (Amendment) Act, 2047.(3)

5. Refund Required after Notified Order Ceases to Apply: (1) Amended by the First Amendment.If a Notified Order is amended and converted into the form of law with effect from the date the Notified Order came into force, and if the rate provided in the law is lower than that specified in the Notified Order, the amount of excess collection shall be refunded. If in any way the rate provided in the law is higher than that specified in the Notified Order, collection shall be made according to such new rate only from the date such law comes into effect.
Provisional Tax Collection Act, 1955

If in any way the rate provided in the law is higher than that specified in the Notified Order, collection shall be made according to such new rate only from the date such law comes into effect. Provided that,

The refundable rate of any customs duty or excise duty or any other tax under this section shall not exceed the difference between the tax imposed under section 3 and the original tax rate.

(2) If a Notified Order ceases to have the force of law under clause (b) of sub-section (2) of section 4 Deleted by the First Amendment , all taxes, duties, and excise collected shall be refunded, which taxes, duties, and excise would not have been collected had the Notified Order not been issued. Explanation:-

(a) If a item subject to a tax of Rs. 12 before the issuance of a Notified Order was collected at the rate of Rs. 20 by the Notified Order, and later the law prescribes a rate of only Rs. 15, then Rs. 5 must be refunded.

(b) If a item subject to a tax of Rs. 12 before the issuance of a Notified Order was collected at the rate of Rs. 20 by the Notified Order, and later the law prescribes a rate of only Rs. 10, then Rs. 8 must be refunded.
Provincial Development Projects (Implementation) Act, 1956

Regional Development Plans (Implementation) Act, 2013

Royal Seal Authentication Date
2013.7.15

Date of Publication in the Nepal Gazette
2013.7.27

Amending Acts

1. Some Nepal Laws (Amendment and Reorganization) Act, 2020 – 2020.11.16
2. Repealed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 – 2066.10.17

Act No. 10 of the Year 2013

An Act Made to Implement Regional Multipurpose Plans

Whereas, it is necessary to maintain the economic interest of the general public by making arrangements for the expeditious implementation of multipurpose development plans in certain areas, this Act is hereby enacted and promulgated by His Majesty the King on the advice of the Council of Ministers. 1. Short Title and Commencement: (1) This Act may be cited as the "Regional Development Plans (Implementation) Act, 2013."

(2) This Act shall come into force immediately. 2. Notification of Development Area: The Government of Nepal may, by preparing a multipurpose plan for the development of any specified locality, declare such area as a Development Area by a published notification. 3. Powers of the Government of Nepal in relation to the Development Area: After the publication of the notification under Section 2, the Government of Nepal may do the following:

(a) Direct surveys to be conducted by designated officers, and such officers shall have the right to enter any land or premises within the Development Area.

(b) Construct roads, ferries, canals, and carry out other similar works as may be necessary for implementing the development plan. 4. Power of the Government of Nepal to Acquire Land: (1) If, in the opinion of the Government of Nepal, any land or premises, etc., within the Development Area is required for the purpose of implementing a development plan as mentioned in the notification under Section 2, the Government of Nepal may acquire such land or premises.

(2) Such land or premises shall be acquired in accordance with the law for the time being in force relating to land acquisition. Provided that no compensation shall be payable in respect of any land or premises that has been lying fallow for two years prior to the acquisition; and if the Government of Nepal wishes to sell any developed land or premises within the development area, no person other than the person from whom the Government of Nepal acquired land or premises in that area without compensation shall be entitled to purchase such developed land or premises, subject to the rules made under Section 5. 5.
Act to Reinstate Provisions of Some Nepal Acts, 2006

Act to Revive the Provisions of Some Nepal Acts, 2063

Date of Certification and Publication
2063.04.23

Act No. 2 of the year 2063

An Act Made to Provide for the Revival of Provisions of Some Nepal Acts

Preamble: Whereas it is desirable to revive the provisions of some Nepal Acts which have been amended or repealed by various Ordinances issued from time to time and to maintain the previous provisions in the changed context,

Now, therefore, the House of Representatives has enacted this Act in the first year of the issuance of the Proclamation of the House of Representatives, 2063. 1. Short Title and Commencement: (1) This Act may be called the "Act to Revive the Provisions of Some Nepal Acts, 2063".

(2) This Act shall come into force immediately. 2. Provisions of Acts Amended or Repealed to be Deemed Revived: In respect of amendments made to the following Acts by the following Ordinances which were issued from time to time pursuant to Article 72 of the Constitution of the Kingdom of Nepal, 2047 and which have become ineffective or been repealed before the commencement of this Act, the provisions that were in force prior to such amendment shall be deemed to have been automatically revived from the date on which such Ordinance became ineffective or was repealed:

(a) The amendment made to the National Parks and Wildlife Conservation Act, 2029 by the "National Parks and Wildlife Conservation (Fifth Amendment) Ordinance, 2062",

(b) The amendments made to the following Acts by the "Ordinance Amending Some Nepal Acts Relating to Elections, 2062":-

(अ) Local Body (Election Procedure) Act, 2048,
(आ) Act Relating to Voters' Roll, 2052.

(c) The amendment made to the Local Administration Act, 2028 by the "Local Administration (Fifth Amendment) Ordinance, 2062",

(d) The amendments made to the following Acts by the "Ordinance Amending Some Nepal Acts Relating to Communications, 2062":-

(अ) Radio Act, 2014,
(आ) National News Agency Act, 2019,
(इ) Printing and Publication Related Act, 2048,
(ई) Press Council Act, 2048,
(उ) National Broadcasting Act, 2049,
(ऊ) Slander and Defamation Act, 2016.

(e) The amendment made to the Social Welfare Act, 2049 by the "Social Welfare (First Amendment) Ordinance, 2062",

(f) The amendment made to the Labour Act, 2048 by the "Labour (Second Amendment) Ordinance, 2062".
B.P. Koirala Memorial Cancer Hospital Act, 1997

V.P. KOIRALA MEMORIAL CANCER HOSPITAL ACT, 2053

Royal Seal and Publication Date
2053.1.15

Amending Acts

1. Income Tax Act, 2048 2058.12.19
2. V.P. Koirala Memorial Cancer Hospital (First Amendment) Act, 2064 2064.9.30
3. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.1.7

Act No. 34 of the year 2053



An Act Made to Establish and Manage V.P. Koirala Memorial Cancer Hospital

Preamble: Whereas, in order to keep the everlasting memory of the people's leader late Bishweshwar Prasad Koirala, it is desirable to establish and operate a cancer hospital to prepare the necessary manpower for high-level study and research related to cancer disease, make this field self-reliant, provide high-level health services necessary for the diagnosis and treatment of persons suffering from cancer disease, and enable them to live a humane life,

Be it enacted by Parliament in the twenty-fifth year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. 1. Short Title and Commencement: (1) This Act may be called the "V.P. Koirala Memorial Cancer Hospital Act, 2053".

(2) This Act shall commence from the date appointed by the Government of Nepal by a notification published in the Nepal Gazette. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Hospital" means the V.P. Koirala Memorial Cancer Hospital established pursuant to Section 3.

(b) "Committee" means the Board of Directors formed pursuant to Section 3. Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

(c) "Chairperson" means the Chairperson of the Committee.

(d) Amended by the First Amendment."Member" means a member of the Committee and said term also includes the Chairperson of the Committee.

(e) "Executive Director" means the Executive Director appointed pursuant to Section 12.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. Amended by the First Amendment. 3. Establishment of V.P. Koirala Memorial Cancer Hospital: (1) A V.P. Koirala Memorial Cancer Hospital is established as a national referral hospital to prepare the necessary manpower for high-level study and research related to cancer disease in Nepal, make this field self-reliant, provide high-level health services for the prevention, diagnosis, and treatment of cancer disease and for persons suffering from that disease, and enable them to live a humane life.

(2) The Hospital shall be established at Bharatpur of Chitwan District, and branches or units of this Hospital may also be established in other districts as necessary. 4.
B.P. Koirala Memorial Cancer Hospital Act, 1997

6. Functions, Duties and Powers of the Hospital: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Hospital shall be as follows:-

(a) To make available high-level health services for the prevention, diagnosis, and treatment of cancer disease.

(b) To operate the national cancer disease control program for the prevention, diagnosis, and treatment of cancer disease.

(c) To prepare necessary manpower for the prevention, diagnosis, and treatment of cancer disease.

(d) To conduct and cause to conduct study and research related to cancer disease.

(e) To maintain contact and coordination with domestic and foreign governmental and non-governmental organizations for the prevention, diagnosis, and treatment of cancer disease, prepare national policies, plans, and programs in relation thereto, and submit them to the Government of Nepal.

(f) To provide financial and technical assistance to bodies involved in the work of prevention, diagnosis, and treatment of cancer disease.

(g) To adopt protective measures and technologies as prescribed when storing, using, and disposing of radioactive substances while adopting radiotherapy methods in the work of prevention, diagnosis, and treatment of cancer disease.

(h) To award scholarships, medals, and prizes in the work of prevention, diagnosis, and treatment of cancer disease.

(i) To develop a cancer registration system and expand services through network hospitals and concerned bodies.

(j) To fix and collect fees for health services provided by the Hospital.

(k) To manage the Hospital properly.

(l) To construct, expand, and repair the Hospital.

(m) To arrange necessary means and facilities for the improvement and expansion of the Hospital's services.

(n) To submit the annual report of the Hospital to the Government of Nepal through the Committee.

(o) To periodically inform the Government of Nepal about policy decisions made regarding the Hospital and their implementation.

(p) To perform and cause to perform other necessary functions to fulfill the objectives of the Hospital. 7. Formation of the Committee: (1) Amended by the First Amendment.
B.P. Koirala Memorial Cancer Hospital Act, 1997

7. Formation of the Committee: (1) Amended by the First Amendment. For the purpose of operating, overseeing, and managing the Hospital by exercising all the functions, duties, and powers vested in the Hospital under this Act or the rules made under this Act, a Board of Directors shall be formed as follows:-

(a) A medical doctor nominated by the Government of Nepal from among senior medical doctors who have obtained at least a post-graduate degree in medical science from a recognized teaching institution and have worked for at least fifteen years in the field of cancer disease, or who have obtained at least a post-graduate degree in medical science from a recognized teaching institution and have at least twenty years of experience in the health field - Chairperson

(b) Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. - Member

(c) The Secretary of the Ministry of Health and Population, or an officer of at least the gazetted first class of that Ministry designated by him/her - Member

(d) The Secretary of the Ministry of Finance, or an officer of at least the gazetted first class of that Ministry designated by him/her - Member

(e) Chief, Bharatpur Municipality - Member

(f) Four persons nominated by the Government of Nepal from among medical doctors involved in the field of cancer disease, ensuring representation of Dalit, Janajati, and Madhesi communities, including at least two women - Member

(g) Two persons nominated by the Committee from among medical doctors working in the Hospital, including, if possible, one woman - Member

(h) Two persons nominated by the Government of Nepal from among distinguished persons working in the field of social service, including at least one woman - Member

(i) Representative, Nepal Health Research Council - Member

(j) Executive Director - Member-Secretary

(2) The term of office of a nominated member under sub-section (1) shall be three years.

(3) Notwithstanding anything contained in sub-section (2), if a nominated member fails to perform work honestly or fails to fulfill his/her official responsibilities or lacks efficiency, the Government of Nepal may remove such member from the membership at any time. Provided that, before being removed in such manner, he/she shall not be deprived of the opportunity to submit his/her defense.

(4) The Committee may, if it deems necessary, invite any expert on a relevant subject to participate in its meeting as an observer.

(5) Other procedures relating to the meeting of the Committee shall be as prescribed. 8.
B.P. Koirala Memorial Cancer Hospital Act, 1997

8. Cessation of Membership: (1) Except for an ex-officio member of the Committee, the Chairperson and other members shall not hold their office in any of the following circumstances:-

(a) Upon death,

(b) Upon expiry of term,

(c) Upon resignation submitted to the Committee being accepted,

(d) Upon being absent from the meetings of the Committee for eight consecutive times without any notice,

(e) Deleted by the First Amendment

(2) If the office of the Chairperson or a member falls vacant due to the reasons set forth in sub-section (1), another Chairperson or member may be nominated for the remaining period. 9. Proceedings not to be invalidated: No act or proceeding of the Committee shall be invalidated merely on the ground of any defect in its formation or the existence of a vacancy in the seat of any member. Amended by the First Amendment.10. Functions, Duties and Powers of the Chairperson: (1) The functions, duties, and powers of the Chairperson shall be as follows:-

(a) To formulate and implement necessary plans and programs to operate the Hospital effectively,

(b) To implement and cause to implement the decisions made by the Committee,

(c) To cause the preparation of the annual program of the Hospital and submit it to the Committee.

(2) Other functions, duties, and powers of the Chairperson shall be as prescribed. 11. Functions, Duties and Powers of the Member-Secretary of the Committee: The functions, duties, and powers of the Member-Secretary of the Committee shall be as prescribed. 12. Executive Director, Advisors and Other Employees: (1) The Committee shall appoint an Executive Director for conducting the daily administration of the Hospital.

(2) The Hospital may appoint other advisors and employees as necessary. Amended by the First Amendment.(3) The facilities of the members of the Committee and advisors shall be as prescribed. Added by the First Amendment.(3A) The qualifications, appointment, remuneration, terms of service, and facilities of the Executive Director and employees shall be as prescribed. 13. Functions, Duties and Powers of the Executive Director: The functions, duties, and powers of the Executive Director shall be as prescribed. Amended by the First Amendment.14. Prohibition on Members of the Committee and Employees of the Hospital: No member of the Committee, advisor, Executive Director, or employee of the Hospital shall, directly or indirectly, be a party to any transaction or contract with the Hospital. 15.
B.P. Koirala Memorial Cancer Hospital Act, 1997

Amended by the First Amendment.14. Prohibition on Members of the Committee and Employees of the Hospital: No member of the Committee, advisor, Executive Director, or employee of the Hospital shall, directly or indirectly, be a party to any transaction or contract with the Hospital. 15. No Claim for Compensation against the Hospital: A patient admitted to the Hospital for the treatment of cancer disease shall not be entitled to claim any financial or other compensation against the Hospital or its doctors or health workers for any adverse physical effects caused to the patient due to the use of radioactive substances and other medicines by the doctors or health workers of the Hospital following the prescribed procedures and in the prescribed dosage. Provided that this section shall not be deemed to prevent a claim for compensation against such doctor or health worker if any adverse physical effect is caused to the patient due to the use of radioactive substances and other medicines in a manner deviating from the prescribed procedures and prescribed dosage due to the negligence or carelessness of the doctor or health worker of the Hospital. 16. Right to Conduct Autopsy for Study and Research: (1) If a patient admitted to the Hospital for the treatment of cancer disease has given consent for his/her body to be examined after death for study and research related to such disease, the Hospital may conduct an autopsy of the body of such deceased person accordingly before cremation.

(2) If a patient admitted to the Hospital dies without having given consent for study or research pursuant to sub-section (1), the Hospital shall not be deemed to be obstructed from examining the body of such deceased person for any study or research related to cancer disease.

(3) Other procedures and conditions relating to giving and taking consent for autopsy pursuant to sub-section (1) shall be as prescribed. 17. Fund of the Hospital: (1) The Fund of the Hospital shall consist of the following amounts, and the expenses of the Hospital shall be borne from that Fund:-

(a) Amounts received for the Hospital from the Government of Nepal,

(b) Amounts received from any foreign government or international organization,

(c) Amounts received from services rendered by the Hospital,

(d) Amounts received as grants from various persons,

(e) Amounts received from other sources.

(2) Amounts received by the Hospital from the Government of Nepal, a foreign government, or an international organization for a specific program or work shall be spent only on that program or work.

(3) The operation of the Fund of the Hospital shall be as prescribed. 18.
B.P. Koirala Memorial Cancer Hospital Act, 1997

18. Exemptions and Facilities for the Hospital: (1) The Hospital shall not be liable to customs, sales tax, Deleted by the Income Tax Act, 2058. and registration fees on the following matters:-

(a) Necessary construction materials, machinery, and tools to be imported from abroad for the construction and operation of the Hospital,

(b) Scholarships, fellowships, and prizes awarded by the Hospital,

(c) Donations, grants, and other sources of income received by the Hospital, and the property of the Hospital, and

(d) Registration of deeds of immovable property purchased by the Hospital.

(2) Before importing goods as per clause (a) of sub-section (1), the Hospital shall submit a statement containing the price list and quantity of such goods to the Ministry of Finance through the Ministry of Health. 19. Accounts and Audit: (1) The accounts of income and expenditure of the Hospital shall be kept as prescribed.

(2) The audit of the Hospital shall be conducted by the Office of the Auditor General. 20. Technical Committee may be Formed: (1) The Committee may, as necessary, form a technical committee to provide the technical services and assistance required by the Hospital.

(2) The functions, duties, powers, and procedures of the technical committee formed pursuant to sub-section (1) shall be as determined by the Committee. 21. Delegation of Powers: The Committee may, as necessary, delegate the powers vested in it under this Act or the rules made under this Act to any member of the Committee, the Executive Director of the Hospital, or any official employee. 22. Power to Give Directions: The Government of Nepal may give directions to the Hospital on policy matters it deems necessary in connection with the implementation of this Act, and it shall be the duty of the Hospital to comply with such directions. 23. Contact with the Government of Nepal: If the Hospital needs to contact the Government of Nepal on any policy matter relating to the treatment and prevention of cancer, it shall do so through Amended by the First Amendment.the Ministry of Health and Population, and on other matters, it may contact any ministry or office of the Government of Nepal directly. 24. Power to Make Rules: The Committee may make necessary rules to implement the objectives of this Act. Added by the First Amendment.Provided that, while making rules on matters that impose a financial burden on the Government of Nepal, the consent of the Government of Nepal shall be obtained. 25.
Political Parties Act, 2017

Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Political Party Act, 2073 (2017)."

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

(a) "Commission" means the Election Commission pursuant to Article 244 of the Constitution.

(b) "Central Committee" means the Central Executive Committee of a party formed pursuant to the Statute of the party, and said term also denotes the central body or central ad hoc committee authorized to make decisions on behalf of the party, whatever name it may be called.

(c) "Fund" means the Fund of the party pursuant to Section 37.

(d) "Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules made under this Act.

(e) "Party" means a political party formed pursuant to Section 3.

(f) "Party Register" means the Party Register pursuant to Section 50.

(g) "Election" means the election of the President, Vice-President, members of the Federal Parliament or Provincial Assembly, office bearers and members of local levels, and said term also denotes by-election.

(h) "Office Bearer" means an office bearer of the party designated as an office bearer of the Central Committee pursuant to the Statute, and said term also denotes the Chief Office Bearer of the party.

(i) "House of Representatives" means the House of Representatives formed pursuant to Article 84 of the Constitution.

(j) "Provincial Assembly" means the Provincial Assembly formed pursuant to Article 176 of the Constitution.

(k) "Provincial Committee" means the highest executive committee at the Provincial level formed pursuant to the Statute.

(l) "Chief Office Bearer" means the office bearer designated as the Chief Office Bearer in the Statute.

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

(n) "Statute" means the Statute of the party.

(o) "Federal Parliament" means the Federal Parliament formed pursuant to Article 83 of the Constitution.

(p) "Whip" means a member designated by the relevant parliamentary party to act as a whip, and said term also denotes the Chief Whip or Principal Whip.

(q) "Member" means a member of the party.

(r) "Constitution" means the Constitution of Nepal. Chapter-2
Formation, Registration and Operation of Political Party

3. Formation of Party: (1) Persons committed to a common political ideology, philosophy, and program may form a political party to conduct their political activities, subject to the Constitution and this Act.

(2) While forming a party pursuant to Sub-section (1), the party's manifesto and program must be made public.

(3) A party formed pursuant to this Section may publicize or cause to be publicized its objectives and programs to gain public support and cooperation. 4.
Political Parties Act, 2017

4. Party Must be Registered: (1) A party formed pursuant to Section 3 must be registered with the Commission.

(2) Notwithstanding anything contained in Sub-section (1), a party registered with the Commission under prevailing law and with its registration subsisting at the time of the commencement of this Act shall not be required to be registered, and such party shall be deemed to be registered under this Act.

(3) Notwithstanding anything contained in Sub-section (2), a party whose registration is subsisting at the time of the commencement of this Act must submit to the Commission, within one year of the commencement of this Act, the details and documents as per clauses (a), (b), (c), (f) and (g) of Sub-section (1) of Section 5.

(4) A party registered under this Act may exercise the rights and obtain facilities under this Act.

(5) The Commission shall publish a notice of the registration of a party under this Act in the Nepal Gazette. 5. Provisions Relating to Party Registration: (1) For a party to be registered pursuant to Section 4, the Chief Office Bearer of the party shall submit an application to the Commission, along with the decision of the Central Committee and the following details and documents attached, in the format as prescribed:-

(a) Statute of the party,

(b) Manifesto,

(c) Specimen of flag, symbol,

(d) Commitment letter signed by at least five hundred Nepali citizens who are voters to obtain party membership, along with certified copies of their citizenship certificates or voter identity cards and signatures,

(e) Declaration letter stating that the persons making the commitment as per clause (d) are not members of another party,

(f) Provision for a Central Committee comprising at least twenty-one members, and

(g) Other details and documents deemed necessary by the Commission.

(2) The Commission shall conduct necessary inquiries upon receiving the application under Sub-section (1).

(3) For the purpose of Sub-section (2), the Commission may hold discussions with the Chief Office Bearer or members of the Central Committee of the proposed party, request any further details or necessary documents, or have their signatures attested in the prescribed format.

(4) If, from the inquiries conducted under Sub-section (2), the proposed party appears eligible for registration under the Constitution and this Act, the Commission shall register such party within forty-five days of the submission of the application under Sub-section (1) and issue a Certificate of Registration, and if it is not eligible for registration, inform the applicant thereof stating the reasons.

(5) When registering a party pursuant to Sub-section (4), it shall be recorded in the Party Register with details as prescribed. 6.
Political Parties Act, 2017

6. When Party Cannot be Registered: (1) Notwithstanding anything contained in Section 5, a party shall not be registered in any of the following circumstances:-

(a) If the party fails to fulfill the condition as per Sub-article (4) of Article 269 of the Constitution,

(b) If the name, objective, symbol, flag, statute, rule, and activities of the party are contrary to Sub-article (5) of Article 269 and Sub-article (2) of Article 270 of the Constitution and this Act,

(c) If it appears that restrictions, deprivations, or discriminations are imposed on Nepali citizens based on religion, caste, ethnicity, sect, language, or gender for obtaining party membership,

(d) If the Statute of the party does not contain matters required to be included as per Sub-section (2) of Section 8,

(e) If the name or symbol of the party matches the name or symbol of a party whose registration is subsisting in the Commission,

(f) If the name, objective, symbol, or flag of the party is of a nature that disturbs or fragments the religious or communal unity of Nepal or is contrary to public morality,

(g) If details or documents requested by the Commission as per Sub-section (3) of Section 5 are not provided, or the signatures of office bearers or members cannot be attested.

(2) If a party cannot be registered for any reason under Sub-section (1), the Commission may, within fifteen days, notify the relevant applicant to submit rectified details to the Commission for registration, stating the reasons.

(3) If such details are received within the period under Sub-section (2) and the Commission is satisfied therewith, the Commission shall register the party pursuant to Sub-section (4) of Section 5 and issue a certificate thereof to the applicant, and if the party cannot be registered, inform the applicant thereof stating the reasons. 7. Party to be an Autonomous Corporate Body: (1) A party registered under this Act shall be an autonomous corporate body with perpetual succession.

(2) The party shall have a separate seal for its activities.

(3) The party may, subject to this Act, acquire, possess, sell, or otherwise manage movable or immovable property like a natural person.

(4) The party may sue and be sued in its own name.

(5) The party may, subject to this Act, enter into contracts and exercise rights or fulfill obligations under the contract like a natural person. 8.
Political Parties Act, 2017

8. Statute of the Party: (1) There shall be a Statute for the performance of the party's functions and the management of its internal affairs.

(2) The Statute must include the matters mentioned in the Schedule.

(3) The party may, subject to the Constitution, this Act, and the Statute, make necessary Rules to determine procedural matters relating to the performance of the party's functions. 9. Protection of Name, Flag and Symbol of Party: The name, flag, and symbol of a party registered pursuant to Section 4 shall be protected such that no one else may use them. 10. Parties May Unify or Merge: (1) Two or more parties registered pursuant to Section 4 may, by mutual agreement, unify or merge.

(2) To unify or merge pursuant to Sub-section (1), the parties intending to unify or merge shall submit an application to the Commission within forty-five days of such agreement, attaching their Statute, the decision of the Central Committee, and a copy of the agreement under Sub-section (1).

(3) The application under Sub-section (2) shall also state whether they will merge into the name of one of those parties or unify under a new name.

(4) The Commission shall conduct necessary inquiries upon receiving the application under Sub-section (2), and if, during such inquiry, it appears that the procedures and conditions required to be fulfilled under this Act and the Rules made under this Act regarding the unification or merger of parties have been met, the Commission shall, within forty-five days of the application being filed, decide to unify or merge such parties and issue a certificate thereof.

(5) When parties unify or merge under this Act, the name, flag, symbol, property, or liability of such parties shall be as specified in the agreement under Sub-section (1).

(6) If matters relating to the management of the property or liability of the parties at the time of unification or merger pursuant to Sub-section (5) are not specified, such property or liability shall vest in the unified or merged party.

(7) Upon the unification or merger of parties under this Section, no one may use the name, flag, or symbol used by such parties prior to the unification or merger until one year from the date of unification or merger.
Political Parties Act, 2017

Added by the First Amendment.Provided, however, that

(1) If any party, whose name, flag, or symbol has already been designated before the commencement of this Section, unifies or merges under this Section after the declaration of an election date, such party shall, subject to the agreement made under Sub-section (1), use the name and flag previously used by the original party before the unification or merger, and one or more symbols used by that party or other symbols from among those on the ballot paper as determined by the Commission.

(2) Such party shall not use more than one symbol in one district. Explanation: For the purpose of this Section, "symbol" shall be understood to include election symbol.

(8) The Commission shall publish a notice of the unification or merger of parties under Sub-section (4) in the Nepal Gazette and update the details of such unification or merger in the record under Sub-section (5) of Section 5.

(9) Other provisions relating to the unification or merger of parties shall be as prescribed. 11. Restriction on Activities of Party: (1) If a party acts in violation of the proviso (3) of Sub-article (2) of Article 17 of the Constitution, the Government of Nepal shall write to the Commission to impose a restriction on such activities.

(2) Upon receiving a written request under Sub-section (1), the Commission shall conduct an inquiry as prescribed on the matter, and if it appears necessary to restrict such activities, the Commission shall decide and order the relevant party to cease such activities, informing the Government of Nepal thereof.

(3) Notwithstanding anything contained elsewhere in this Section, if the activities under Sub-section (1) constitute a criminal offense under prevailing law, this Section shall not bar action against such offenses according to law. 12.
Political Parties Act, 2017

12. Cancellation of Party Registration: (1) If a party wishes to cancel its registration, it shall submit an application to the Commission after making a decision through its Central Committee pursuant to its Statute for cancellation of registration.

(2) Upon receiving an application under Sub-section (1), the Commission shall, after study and inquiry as prescribed, cancel the registration of such party.

(3) If a party engages in activities under clauses (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l) of Section 21, the Commission may cancel the registration of such party.

(4) Before canceling a party's registration under Sub-section (3), the Commission shall give such party a reasonable opportunity to present its defense.

(5) If no defense is presented under Sub-section (4), or if the defense presented is not satisfactory, the Commission shall decide to cancel the registration of such party and publish a notice thereof in the Nepal Gazette.

(6) The name, flag, and symbol of a party whose registration is canceled under this Section shall not be granted to any other party until one year from the date of decision under Sub-section (5).

(7) The property of a party canceled under this Section shall vest in the Government of Nepal, unless otherwise provided in the Statute of such party. 13. Registration Not to Subsist: (1) If a party fails to submit any details or reports, other than those specified in Sub-section (1) of Section 14, required to be submitted to the Commission under this Act or other federal law, or fails to fulfill conditions required for party registration under the Constitution or federal law, the registration of such party shall not subsist.

(2) The Commission shall publish the name of a party whose registration does not subsist under Sub-section (1) in the Nepal Gazette. Chapter-3
Party Membership and Organizational Structure

14.
Political Parties Act, 2017

Chapter-3
Party Membership and Organizational Structure

14. Party Membership: (1) An office bearer authorized pursuant to the Statute may distribute party membership.

(2) While distributing membership pursuant to Sub-section (1), it shall be distributed to a Nepali citizen who meets the following qualifications:-

(a) Has completed the age of eighteen years,

(b) Has not been sentenced to imprisonment for an offense relating to corruption, rape, human trafficking and transportation, narcotic drug sale and distribution or export or import, money laundering, kidnapping, or other criminal offenses involving moral turpitude,

(c) Is not holding a post of a serving professor, teacher, or employee in an autonomous body owned or controlled by the Government of Nepal, Provincial Government, or Local Level,

(d) Is not disqualified from being a member of a political party under the Constitution and law by reason of holding any public office.

(3) Each party must keep updated details of the members whose membership it has distributed.

(4) While keeping details under Sub-section (3), they must be kept at the local level, provincial level, and central level as per the Statute. Explanation: For the purpose of this Sub-section, while keeping details at the local level, the party may also keep them at the relevant district level. 15. Organizational Structure of Party: (1) The organizational structure of the party and provisions relating to office bearers shall be as specified in the Statute.

(2) While making provisions for the organizational structure under Sub-section (1), it must be done ensuring that there are committees capable of exercising executive authority at least at the local level, provincial level, and central level. Explanation: For the purpose of this Sub-section, while making provisions for the organizational structure at the local level, provisions may be made including an organizational structure at the district level.

(3) When conducting elections, nominations, or appointments pursuant to the Statute, provisions shall be made for participation in such committees from among its members based on the principle of proportional inclusion, reflecting the social diversity of Nepal.

(4) Provisions shall be made for at least one-third women members in all committees of the party at all levels. 16.