chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Tharu Commission Act, 2017

Tharu Commission Act, 2074

Certification Date
2074.06.29

Amending Act

1. Some Nepal Acts Amendment Act, 2075 2075.11.19

Act Number 27 of the year 2074

Preamble: Whereas, it is desirable to make necessary provisions regarding the Tharu Commission for the protection and promotion of the identity, rights, and interests of the Tharu community, and for the empowerment of the Tharu community,

The Legislature-Parliament has enacted this Act pursuant to Sub-article (1) of Article 296 of the Constitution of Nepal. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act shall be called the "Tharu Commission Act, 2074".

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

(a) "Chairperson" means the Chairperson of the Commission and said term also refers to the Acting Chairperson.

(b) "Commission" means the Tharu Commission constituted pursuant to Article 263 of the Constitution.

(c) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules framed under this Act.

(d) "Tharu Community" means the indigenous Tharu community as defined by the Government of Nepal upon the recommendation of the Tharu Commission.

(e) "Member" means a member of the Commission and said term also includes the Chairperson.

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

Qualification for Chairperson and Members and Conditions for Vacancy of Office

3. Qualification for Chairperson and Members: The following person shall be qualified to be appointed to the office of Chairperson and Member of the Commission:-

(a) A person belonging to the Tharu community who has made significant contribution for at least ten years in the protection, promotion, and empowerment of the rights and interests of the Tharu community, or in the field of development or human rights,

(b) Has obtained a bachelor's degree from a recognized university,

(c) Is not a member of any political party at the time of appointment,

(d) Has completed the age of forty-five years,

(e) Possesses a high moral character. 4. Conditions for Vacancy of Office: The office of the Chairperson or Member of the Commission shall become vacant in any of the following circumstances:-

(a) If he/she submits a written resignation to the President,

(b) If he/she has completed the age of sixty-five years,

(c) If the term of office pursuant to Sub-article (3) of Article 263 of the Constitution has expired,

(d) If an impeachment motion against him/her is passed pursuant to Article 101 of the Constitution,

(e) If the President removes him/her from office upon the recommendation of the Constitutional Council on the ground that he/she is unable to perform the duties of his/her office due to physical or mental illness,

(f) If he/she dies. 5.
Tharu Commission Act, 2017

8. May Seek Advice and Consultation: The Commission may coordinate, consult, or seek advice from other constitutional bodies, government offices, or public institutions regarding its work and proceedings. 9. May Obtain Services of Experts: If any work required to be performed pursuant to this Act and prevailing federal law cannot be performed by the manpower working in the Commission, the Commission may, stating the reasons thereof, obtain the services of experts in accordance with the prevailing federal law. 10. May Form Committees or Task Forces: (1) The Commission may, by specifying procedures, form a committee or task force for the purpose of performing any work of a special nature related to the Commission.

(2) The work or operational conditions of the committee or task force formed pursuant to Sub-section (1) shall be as determined by the Commission at the time of forming such committee or task force.

(3) While forming a committee or task force pursuant to Sub-section (1), representation shall be ensured on the basis of the principle of proportional inclusion as provided for in the Constitution. 11. May Coordinate and Cooperate: The Commission may coordinate and cooperate as necessary with government bodies or public institutions. Chapter-4

Conduct of Business of the Commission

12. Office of the Commission: (1) The office of the Commission shall be located in the Kathmandu Valley for conducting the business of the Commission.

(2) The Commission may also establish offices at the provincial level as required. 13. Meeting of the Commission: (1) The work required to be performed by the Commission pursuant to this Act shall be done by decisions of the Commission meeting.

(2) A meeting of the Commission shall be held on such date, time, and place as specified by the Chairperson as required.

(3) The Secretary of the Commission shall send a notice, specifying the date, time, and place of the meeting along with the agenda for discussion, to all Members in such a manner that they generally receive it at least forty-eight hours before the meeting time.

(4) If any Member wishes to discuss any subject other than the subjects mentioned in the agenda for discussion in a meeting pursuant to Sub-section (3), he/she shall submit a notice to the Commission Secretariat stating the subject desired to be discussed and the reasons thereof at least twenty-four hours before the meeting.
Tharu Commission Act, 2017

Upon receiving such notice, the Secretary of the Commission shall inform all Members thereof, and that subject shall be deemed to have been included in the agenda of the Commission meeting.

(5) Notwithstanding anything contained in Sub-sections (3) and (4), with the consent of all Members present at the meeting of the Commission, discussion may be held and a decision may be made even on subjects not included in the agenda.

(6) If more than fifty percent of the Members currently holding office in the Commission are present, the quorum for a meeting of the Commission shall be deemed to be fulfilled.

(7) The Chairperson shall preside over the meeting of the Commission.

(8) Decisions of the Commission shall be made by a majority of votes, and in case of a tie, the Chairperson shall cast the deciding vote.

(9) The Secretary of the Commission shall prepare the record of decisions of the Commission and keep it after obtaining the signature of the Chairperson and Members.

amended by Some Nepal Acts Amendment Act, 2075.(10) An officer of the Nepal Civil Service at the gazetted first class level shall serve as the Secretary of the Commission. Until such an employee is appointed, the senior-most employee of the Commission shall serve as the Secretary of the Commission.

(11) Other procedures relating to the meeting of the Commission shall be as determined by the Commission. 14. Not to Participate in Decision-Making Process in Case of Conflict of Interest: If any Member of the Commission has an interest, concern, or stake in any matter pending before the Commission, or if his/her close relative is directly affected by it, such Member shall give prior information of such matter to the Commission and shall not participate in the decision-making process of the Commission regarding that matter. 15. Division of Work: The division of work of the Chairperson and Members shall be as specified by the Commission. 16. To Act as Acting Chairperson: If the office of the Chairperson falls vacant for any reason, amended by Some Nepal Acts Amendment Act, 2075.if he/she is unable to perform the functions of his/her office pursuant to Sub-article (6) of Article 101 of the Constitution, goes on a foreign visit, or remains on leave for more than seven days, the senior-most Member of the Commission shall act as the Acting Chairperson of the Commission. 17. No Hindrance to Proceedings of Commission: The proceedings of the Commission shall not be invalidated merely by reason of a vacancy in the seat of a Member omitted by Some Nepal Acts Amendment Act, 2075.. Chapter-5

Miscellaneous

18.
Tharu Commission Act, 2017

17. No Hindrance to Proceedings of Commission: The proceedings of the Commission shall not be invalidated merely by reason of a vacancy in the seat of a Member omitted by Some Nepal Acts Amendment Act, 2075.. Chapter-5

Miscellaneous

18. Organizational Structure and Employees of the Commission: (1) The organizational structure and employee posts of the Commission shall be as approved by the Government of Nepal.

(2) The employees required for conducting the business of the Commission shall be provided by the Government of Nepal. 19. To Observe Official Dignity and Conduct: (1) The Chairperson and Members of the Commission shall observe official dignity as follows:-

(a) To discharge their official duties independently, impartially, and honestly for the protection and promotion of the rights and interests of the Tharu community and for the empowerment of the Tharu community,

(b) Not to engage in any act that may disturb the relationship between various castes, communities, and sects.

(2) The Chairperson and Members of the Commission shall observe the official conduct pursuant to this Act or the prevailing federal law. 20. Duty to Provide Assistance in Proceedings: If the Commission requests assistance from any body or office-bearer in the course of performing its functions, it shall be the duty of such body or office-bearer to provide such assistance. 21. May Send Written Communication for Implementation: If any body or office-bearer fails to provide necessary assistance to the Commission, the Commission may send written communication for assistance to the supervisory body or officer of such body or officer. 22. Annual Report: (1) The Commission shall submit an annual report of its work and proceedings to the President within three months from the date of expiry of the fiscal year.

(2) In addition to other subjects, the annual report pursuant to Sub-section (1) shall include the following subjects:-

(a) Details and cost expenditure of the implementation of the annual program of the Commission,

(b) Details of recommendations and suggestions given by the Commission to the Government of Nepal or any other body,

(c) Status of implementation of recommendations and suggestions as per clause (b),

(d) Status of financial and physical resources of the Commission and their utilization,

(e) Details of other work and proceedings performed regarding the discharge of duties required to be fulfilled by the Commission pursuant to this Act. 23. Liaison with Government of Nepal: The Commission shall liaise with the Government of Nepal through the Ministry of Federal Affairs and General Administration. 24.
Tharu Commission Act, 2017

23. Liaison with Government of Nepal: The Commission shall liaise with the Government of Nepal through the Ministry of Federal Affairs and General Administration. 24. Delegation of Powers: The Commission may, as required, delegate any of the powers conferred to it pursuant to this Act to the Chairperson, Member, Government of Nepal, Provincial Government, any body, or any official or employee of the local government, subject to the prescribed conditions, for exercise and compliance.

repealed by Some Nepal Acts Amendment Act, 2075.25. 26. Protection of Actions Done in Good Faith: No legal action shall be instituted against any office-bearer, employee, or any person assigned by the Commission for any act done in good faith amended by Some Nepal Acts Amendment Act, 2075.pursuant to this Act or the rules framed under this Act. 27. Power to Frame Rules: (1) The Commission may frame necessary rules for implementing this Act.

(2) If the rules framed pursuant to Sub-section (1) include subjects that may impose financial burden or liability on the Government of Nepal, the Commission shall amended by Some Nepal Acts Amendment Act, 2075.obtain the consent of the Ministry of Finance of the Government of Nepal.

(3) Rules framed by the Commission pursuant to Sub-section (1) shall come into force from the date of their publication in the Nepal Gazette. 28. Power to Frame Directives: The Commission may, remaining subject to this Act and the rules framed under this Act, frame necessary directives for the smooth conduct or causing to be conducted of the work to be performed by it. Schedule-repealed by Some Nepal Acts Amendment Act, 2075.
Adivasi Janajati Commission Act, 2017

Indigenous Nationalities Commission Act, 2074 (2017)

Certification Date
2074.6.27

Amending Act

1. Act Amending Some Nepal Acts, 2075 (2018) 2075.11.19

Act No. 19 of the year 2074 (2017)

Preamble: Whereas, it is desirable to make necessary provisions regarding the Indigenous Nationalities Commission for the protection, promotion, and enhancement of the identity, rights, and interests of the glorious history and culture of the Indigenous Nationalities community, and for the empowerment of the Indigenous Nationalities community,

The Legislature-Parliament has enacted this Act in accordance with Sub-Article (1) of Article 296 of the Constitution of Nepal. Chapter 1
Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Indigenous Nationalities Commission Act, 2074 (2017)."

(2) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act, -
(a) "Chairperson" means the Chairperson of the Commission and that word also denotes the Acting Chairperson. Amended by the Act Amending Some Nepal Acts, 2075 (2018). (b) "Indigenous Nationality" means a caste or community designated by the Government of Nepal upon the recommendation of the Commission.
(c) "Commission" means the Indigenous Nationalities Commission pursuant to Article 261 of the Constitution.
(d) "Prescribed" or "as prescribed" means prescribed or as prescribed by the rules made under this Act.
(e) "Member" means a member of the Commission and that word also denotes the Chairperson.
(f) "Constitution" means the Constitution of Nepal. Chapter 2
Qualifications of the Chairperson and Members and Circumstances of Vacancy

3. Qualifications of the Chairperson and Members: The following person shall be qualified to be appointed to the office of the Chairperson and Member of the Commission: -
(a) An Indigenous Nationality who has contributed at least ten years in the field of protection, promotion, and empowerment of the rights and interests of the Indigenous Nationalities community or human rights or law,
(b) Having obtained a bachelor's degree from a recognized university,
(c) Not being a member of any political party at the time of appointment,
(d) Having completed the age of forty-five years,
(e) Having high moral character. 4.
Adivasi Janajati Commission Act, 2017

4. Circumstances of Vacancy: The office of the Chairperson or Member of the Commission shall become vacant in any of the following circumstances: -
(a) If he/she submits a written resignation to the President,
(b) If he/she has completed the age of sixty-five years,
(c) If the term of office pursuant to Sub-Article (3) of Article 261 of the Constitution expires,
(d) If an impeachment motion is passed against him/her in accordance with Article 101 of the Constitution,
(e) If the President removes him/her from office upon the recommendation of the Constitutional Council, stating that he/she is unable to perform duties while in service due to physical or mental illness,
(f) If he/she dies. 5. Not Eligible for Re-appointment: The Chairperson and Member appointed in the Commission shall not be eligible for re-appointment. Provided that a Member may be appointed to the office of the Chairperson, and if such a Member is appointed to the office of the Chairperson, while calculating his/her term of office, the period of being a Member shall also be added and calculated. 6. Not Eligible for Appointment to Other Government Service: A person who has been the Chairperson or Member shall not be eligible for appointment to other government service. Provided that, nothing written in this section shall be deemed to prevent working by being appointed to any political position or any position for conducting research, inquiry, or investigation on any subject, or studying or exploring any subject and submitting opinion, observation, or recommendation. Chapter 3
Functions, Duties, and Powers of the Commission

7.
Adivasi Janajati Commission Act, 2017

8. May Seek Advice and Consultation: The Commission may coordinate, consult, or seek advice from other constitutional bodies, government offices, or public institutions regarding its work and proceedings. 9. May Obtain Services of Experts: If any work required to be performed in accordance with this Act and prevailing federal law cannot be accomplished by the personnel working in the Commission, the Commission may, stating the reason thereof, obtain the services of an expert in accordance with the prevailing federal law. 10. May Form Committees or Task Forces: (1) For the purpose of performing any work of a special nature related to the Commission, the Commission may form a committee or task force by prescribing procedures.
(2) The working condition or terms of reference of the committee or task force under Sub-section (1) shall be as determined by the Commission at the time of forming such committee or task force.
(3) While forming a committee or task force under Sub-section (1), representation shall be made on the basis of the principle of proportionate inclusion as provided in the Constitution. 11. May Coordinate and Cooperate: The Commission may make necessary coordination and cooperation with government bodies or public institutions as required. Chapter 4
Conduct of Business of the Commission

12. Office of the Commission: (1) For the conduct of business of the Commission, the office of the Commission shall be located in the Kathmandu Valley.
(2) The Commission may, as required, establish offices at the provincial Deleted by the Act Amending Some Nepal Acts, 2075 (2018). level. 13. Meeting of the Commission: (1) The work to be done by the Commission in accordance with this Act shall be done by the decision of the meeting of the Commission.
(2) The meeting of the Commission shall be held on such date, time, and place as may be specified by the Chairperson as required.
(3) The Secretary of the Commission shall specify the date, time, and place of the meeting of the Commission and send a notice including the agenda of subjects to be discussed in the meeting to all members ordinarily at least forty-eight hours before the time of the meeting.
(4) If any Member wishes to discuss any subject other than those mentioned in the agenda of subjects to be discussed in the meeting under Sub-section (3), he/she shall give a notice to the Secretary of the Commission stating the subject and reason for wishing to discuss and at least twenty-four hours before the meeting.
Adivasi Janajati Commission Act, 2017

Upon receipt of such notice, the Secretary of the Commission shall inform all members thereof, and such subject shall be deemed to be included in the agenda of the Commission.
(5) Notwithstanding anything written in Sub-sections (3) and (4), with the consent of all members present at the meeting of the Commission, a subject not included in the agenda may also be discussed and decided upon.
(6) If more than fifty percent of the members currently holding office in the Commission are present, the quorum for the meeting of the Commission shall be deemed to be fulfilled.
(7) The meeting of the Commission shall be chaired by the Chairperson.
(8) Decisions of the Commission shall be made by a majority, and if the votes are equal, the Chairperson shall cast the deciding vote.
(9) The Secretary of the Commission shall prepare the record of the decisions of the Commission and have it signed by the Chairperson and Members. Amended by the Act Amending Some Nepal Acts, 2075 (2018). (10) An officer of the Nepal Civil Service of the gazetted first class shall serve as the Secretary of the Commission. Until such employee is appointed, the most senior employee of the Commission shall serve as the Secretary of the Commission.
(11) Other procedures relating to the meeting of the Commission shall be as determined by the Commission. 14. Not to Participate in Decision-making Process in Case of Conflict of Interest: If any Member of the Commission has an interest, concern, or stake in any subject under consideration in the Commission, or if his/her close relative is directly affected, such Member shall give prior information of such matter to the Commission and shall not participate in the decision-making process of the Commission on such subject. 15. Division of Work: The division of work of the Chairperson and Members shall be as prescribed by the Commission. 16. To Act as Acting: If for any reason the office of the Chairperson becomes vacant, Amended by the Act Amending Some Nepal Acts, 2075 (2018). if he/she is unable to perform the functions of his/her office in accordance with Sub-Article (6) of Article 101 of the Constitution, or if he/she is on a foreign visit or on leave for more than seven days, the most senior Member of the Commission shall act as the Acting Chairperson of the Commission. 17. No Obstruction to Work and Proceedings of the Commission: The work and proceedings of the Commission shall not be obstructed merely by reason of a vacancy in the position of any Member. Chapter 5
Miscellaneous

18.
Adivasi Janajati Commission Act, 2017

17. No Obstruction to Work and Proceedings of the Commission: The work and proceedings of the Commission shall not be obstructed merely by reason of a vacancy in the position of any Member. Chapter 5
Miscellaneous

18. Organizational Structure and Employees of the Commission: (1) The organizational structure and staffing of the Commission shall be as approved by the Government of Nepal.
(2) The employees required for the conduct of business of the Commission shall be provided by the Government of Nepal. 19. To Observe Official Dignity and Conduct: (1) The Chairperson and Member of the Commission shall observe the following official dignity: -
(a) To perform official duties independently, impartially, and honestly for the protection and promotion of the rights and interests of the Indigenous Nationalities community and for the empowerment of the Indigenous Nationalities community,
(b) Not to do any act that disturbs relations between various castes, communities, and sects.
(2) The Chairperson and Member of the Commission shall observe the official conduct in accordance with this Act or prevailing federal law. 20. Obligation to Provide Cooperation in Work and Proceedings: If the Commission requests cooperation from any body or office-bearer in the course of performing its functions, it shall be the duty of such body or office-bearer to provide such cooperation. 21. May Send Letter for Implementation: If any body or office-bearer fails to provide necessary cooperation to the Commission, the Commission may send a letter for cooperation to the concerned supervising body or officer of such body or office-bearer. 22. Annual Report: (1) The Commission shall submit an annual report of its work and proceedings to the President within three months from the date of expiry of the fiscal year.
(2) In addition to other subjects, the annual report under Sub-section (1) shall include the following subjects: -
(a) Details of implementation of the annual program of the Commission and cost expenditure,
(b) Details of recommendations and advice given by the Commission to the Government of Nepal or any other body,
(c) Status of implementation of recommendations and advice under clause (b),
(d) Status of financial and physical resources of the Commission and their utilization,
(e) Details of other work and proceedings done regarding the fulfillment of duties to be performed by the Commission in accordance with this Act. 23. Liaison with Government of Nepal: While liaising with the Government of Nepal, the Commission shall do so Amended by the Act Amending Some Nepal Acts, 2075 (2018). through the Ministry of Federal Affairs and General Administration. 24.
Adivasi Janajati Commission Act, 2017

23. Liaison with Government of Nepal: While liaising with the Government of Nepal, the Commission shall do so Amended by the Act Amending Some Nepal Acts, 2075 (2018). through the Ministry of Federal Affairs and General Administration. 24. Delegation of Powers: The Commission may, as required, delegate any of the powers conferred upon it under this Act to the Chairperson, Member, Government of Nepal, Provincial Government, any body, or any officer or employee of the local government to exercise and perform subject to prescribed conditions. Repealed by the Act Amending Some Nepal Acts, 2075 (2018). 25. 26. Protection of Acts Done in Good Faith: No legal action shall be instituted against any officer, employee, or any person deputed by the Commission for any act done in good faith in accordance with Amended by the Act Amending Some Nepal Acts, 2075 (2018). this Act or the rules made under this Act. 27. Power to Make Rules: (1) For the purpose of implementing this Act, Amended by the Act Amending Some Nepal Acts, 2075 (2018). the Commission may make necessary rules.
(2) If the rules to be made under Sub-section (1) include matters involving financial burden or liability to the Government of Nepal, the Commission Amended by the Act Amending Some Nepal Acts, 2075 (2018). shall obtain the consent of the Ministry of Finance, Government of Nepal.
(3) The rules made by the Commission under Sub-section (1) shall come into force from the date of publication in the Nepal Gazette. 28. Power to Issue Directives: The Commission may, subject to this Act and the rules made under this Act, issue necessary directives for the smooth conduct or causing to conduct of the work to be performed by the Commission. Repealed by the Act Amending Some Nepal Acts, 2075 (2018). Schedule
Judicial Council Act, 2016

Judicial Council Act, 2073

Certification and Publication Date
2073.05.27

Amending Act

1. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act Number 8 of the year 2073

An Act Made to Amend and Consolidate Laws Relating to the Functions, Duties and Powers of the Judicial Council

Preamble: Whereas, it is desirable to amend and consolidate the prevailing laws relating to the functions, duties and powers of the Judicial Council in relation to making recommendations or giving advice on matters relating to appointment, transfer, disciplinary action, removal of judges and other matters relating to judicial administration;

Now, therefore, the Legislature-Parliament pursuant to clause (1) of Article 216 of the Constitution of Nepal has enacted this Act. 1. Short Title and Commencement: (1) This Act may be called the “Judicial Council Act, 2073.”
(2) This Act shall commence on such date as the Government of Nepal may, by notification in the Nepal Gazette, appoint. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-
(a) “Court” means the Supreme Court, High Court and District Court.
(b) “Chairperson” means the Chairperson of the Judicial Council.
(c) “Inquiry Committee” means the Inquiry Committee constituted pursuant to Section 19.
(d) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules framed under this Act.
(e) “Judicial Council” means the Judicial Council pursuant to Article 153 of the Constitution.
(f) “Judge” means a Judge of a Court.
(g) “Member” means a Member of the Judicial Council and such term also includes the Chairperson of the Judicial Council.
(h) “Constitution” means the Constitution of Nepal. 3.
Judicial Council Act, 2016

3. Preparation of Record: (1) The Judicial Council shall prepare and maintain a record of Nepali citizens who are qualified to be appointed to the post of Judge pursuant to the Constitution.
(2) For the purpose of subsection (1), the Judicial Council may request details of persons qualified to be appointed to the post of Judge pursuant to the Constitution from the Supreme Court, Judicial Service Commission, Ministry of Law, Justice and Parliamentary Affairs, Office of the Attorney General, Nepal Legal Practitioners Council and other appropriate bodies.
(3) In addition to the details obtained pursuant to subsection (2), the Judicial Council shall, by publishing a public notice, collect details of persons qualified to be appointed to the post of Judge pursuant to the Constitution and persons who were appointed as a Judge of any Court or an Additional Judge of an Appellate Court and served before the commencement of this Act and who may be appointed to the post of Judge pursuant to the Constitution.
(4) The record pursuant to this section shall remain in the custody of the Secretary of the Judicial Council.
(5) The record pursuant to this section shall be confidential and shall not be used for any purpose other than the work of the Judicial Council.
(6) Other provisions relating to keeping the record pursuant to this section shall be as prescribed. 4. Period for Recommendation for Appointment: (1) The Judicial Council shall identify the post of a Judge of the Supreme Court who is due to retire on account of age limit and shall make a recommendation for appointment at least one month before such post becomes vacant.
(2) If the post of a Judge of the Supreme Court becomes vacant due to reasons other than retirement on account of age limit, the Judicial Council shall make a recommendation for appointment within one month from the date of such vacancy.
(3) If the post of the Chief Judge or Judge of a High Court becomes vacant, the Judicial Council shall make a recommendation for appointment within three months from the date of such vacancy. 5.
Judicial Council Act, 2016

5. Basis for Recommendation for Appointment: (1) Subject to the Constitution, the Judicial Council shall, in accordance with the principle of proportional inclusivity, recommend any Nepali citizen for appointment to the post of Judge on the following basis:-
(a) Being qualified to be appointed to the post of Judge pursuant to the Constitution and this Act,
(b) Being suitable for appointment to the post of Judge from the perspective of seniority, experience, knowledge of subject matter, efficiency, honesty, impartiality, professional and ethical conduct, reputation gained in public life, contribution made in the field of justice and law,
(c) Having the name included in the record pursuant to Section 3,
(d) In the case of a District Judge to be appointed pursuant to clause (b) or (c) of subsection (2) of Article 149 of the Constitution, having been recommended by the Judicial Service Commission pursuant to subsection (3) of the same Article.
(2) Notwithstanding anything contained in clause (c) of subsection (1), mere non-inclusion of the name in the record pursuant to Section 3 shall not prevent that person from being appointed to the post of Judge.
(3) While recommending a person who is holding the post of Judge or has worked as a Judge of any Court or Additional Judge of an Appellate Court or an officer of the Judicial Service for appointment to the post of Judge of the Supreme Court or High Court, in addition to the grounds mentioned in subsection (1), the Judicial Council shall also consider the following matters:-
(a) Matters mentioned in the evaluation report submitted by the Supreme Court or High Court after periodic or urgent inspection of subordinate courts regarding the person sought to be recommended for appointment,
(b) Seniority, qualification and performance evaluation of the concerned person,
(c) In case of a serving Judge of a High Court or District Court or a person who has worked as a Judge of any Court or Additional Judge of an Appellate Court, the proportion of cases decided by him/her annually and the details of cases affirmed, partially reversed or fully reversed upon final decision by the higher court in proportion to the cases decided by him/her.
Judicial Council Act, 2016

Provided that, in the case of a person who has worked as a Judge or Additional Judge of an Appellate Court, while determining the proportion of cases decided annually, the proportion of cases decided by him/her during the period of working as a Judge shall be determined.
(4) While recommending any legal practitioner or a person who has worked in the field of justice and law for appointment to the post of Judge, in addition to the matters mentioned in subsection (1), the Judicial Council shall also consider the professional continuity, evaluation of contribution made in the field of justice and law, and any details relating to his/her previous service, if any.
(5) For the purpose of clause (b) of subsection (1) and subsection (3), the Judicial Council may call for and examine inspection reports, performance reports or evaluations and other details relating to service from the concerned Court or Office. 6. Forwarding for Parliamentary Hearing: (1) If the Judicial Council recommends any person for appointment to the post of Judge of the Supreme Court, the Secretary of the Judicial Council shall send such recommendation to Amended by the Some Nepal Acts Amendment Act, 2082. the Federal Parliament Secretariat for parliamentary hearing to be held pursuant to Article 292 of the Constitution.
(2) In case the person recommended for appointment to the post of Judge of the Supreme Court has been sent for parliamentary hearing pursuant to subsection (1), and upon receiving a letter from Amended by the Some Nepal Acts Amendment Act, 2082. the Federal Parliament Secretariat stating that the person has been found qualified for appointment to the post of Judge of the Supreme Court after the parliamentary hearing, or in a situation where no decision on such hearing has been made and there is no legal impediment to the appointment pursuant to prevailing law, the Secretary of the Judicial Council shall forward the matter to the Office of the President for submission to the President for appointment. 7.
Judicial Council Act, 2016

7. Persons Ineligible for Appointment to the Post of Judge: The following person shall not be eligible for appointment to the post of Judge:-
(a) Who has been punished by a court for corruption, rape, human trafficking and transportation, sale and distribution or trafficking of narcotic drugs, money laundering, misuse of passport, abduction or other criminal offenses involving moral turpitude,
(b) Who has not completed two years after being punished by the concerned body for violation of the professional code of conduct,
(c) Who has been subjected to departmental punishment resulting in dismissal from service with disqualification for future service in any government or public institution,
(d) Who has been warned pursuant to the law relating to the concerned service, if one year has not elapsed since such warning, or if promotion or salary increment has been stopped, the period of such stoppage has not elapsed,
(e) Who is disqualified pursuant to Article 291 of the Constitution,
(f) Who is under suspension pursuant to prevailing federal law,
(g) Who has not completed two years from the date of being cautioned pursuant to Section 14,
(h) Who is blacklisted pursuant to prevailing law,
(i) Who is a member of any political party at the time of appointment,
(j) Who is insolvent, or
(k) Who is of unsound mind. 8. Provisions Relating to Filling of Posts of District Judges: (1) The Judicial Council shall fill vacant posts of Judges in District Courts pursuant to subsection (2) of Article 149 of the Constitution.
(2) For the purpose of filling posts pursuant to subsection (1), the Judicial Council shall identify the currently vacant posts of District Judges and the posts expected to become vacant by the end of the month of Chaitra each year, and determine the percentage of filling posts pursuant to clauses (a), (b) and (c) of subsection (2) of Article 149 of the Constitution.
(3) After the percentage is determined pursuant to subsection (2), the Judicial Council shall send a letter to the Judicial Service Commission to select and recommend suitable persons for the posts of District Judges to be filled pursuant to clauses (b) and (c) of subsection (2) of Article 149 of the Constitution.
(4) The Judicial Council shall prepare a timeline for filling the posts of District Judges pursuant to this section by the end of the month of Chaitra each year. 9. Persons Ineligible to be Candidates: A person who is ineligible for appointment to the post of Judge pursuant to Section 7 shall not be a candidate in the examination taken for filling the posts of District Judges pursuant to subsection (2) of Article 149 of the Constitution. 10.
Judicial Council Act, 2016

9. Persons Ineligible to be Candidates: A person who is ineligible for appointment to the post of Judge pursuant to Section 7 shall not be a candidate in the examination taken for filling the posts of District Judges pursuant to subsection (2) of Article 149 of the Constitution. 10. Lack of Competence: A Judge shall be deemed to lack competence in the following circumstances:-
(a) If he/she fails to conduct proceedings and dispose of cases within the period prescribed by law without reasonable cause,
(b) If he/she unnecessarily prolongs a case by not passing orders or decisions that could be passed at once, or by adjourning cases that should not be adjourned according to law, or by not taking up adjourned cases, or by making irrelevant or illegal proceedings or orders,
(c) If he/she performs work at a lower rate than naturally expected while conducting proceedings and disposing of cases,
(d) If he/she conducts proceedings and disposes of cases by applying irrelevant law or by making a different interpretation or meaning neglecting the clear and unambiguous interpretation or meaning of the law,
(e) If he/she maintains different opinions and conducts proceedings or makes decisions in different cases involving the same legal question:

Provided that this clause shall not apply if he/she changes his/her opinion by stating the basis and reason considering that the opinion previously expressed in a case was erroneous.
(f) If he/she avoids doing work that ought to be done on the day of summoning the parties or on the date fixed without reasonable cause,
(g) If he/she, while ordering the taking of evidence, orders only the taking of evidence without clarifying the facts or issues that are admitted or disputed by the parties,
(h) If he/she makes a decision contrary to the legal principle propounded by the Supreme Court, or

Provided that this clause shall not apply where uniformity or certainty in the legal principle propounded by the Supreme Court has not been established.
(i) If he/she does any other act that proves that he/she does not have the level of competence expected to perform his/her official duties. 11.
Judicial Council Act, 2016

11. Bad Conduct or Serious Violation of Code of Conduct: (1) A Judge shall be deemed to have engaged in bad conduct in the following circumstances:-
(a) If he/she commits corruption, rape, human trafficking and transportation, sale and distribution or trafficking of narcotic drugs, money laundering, misuse of passport, abduction or other criminal offenses involving moral turpitude,
(b) If he/she uses narcotic drugs,
(c) If he/she consumes intoxicating substances during court hours,
(d) If he/she engages in rude or disorderly behavior in a public place or ceremony,
(e) If he/she participates in politics:

Provided that exercising the right to vote according to law shall not be deemed to be participating in politics.
(f) If he/she conducts proceedings and disposes of cases under undue influence or contrary to law,
(g) If he/she misuses government or public property or any facility obtained by him/her, or
(h) If he/she engages in any conduct while on the bench that degrades the dignity of the court or is contrary to official discipline or dignity.
(2) If a Judge commits an act that amounts to a serious violation of the code of conduct framed under this Act, or repeatedly violates such code of conduct, he/she shall be deemed to have committed a serious violation of the code of conduct. 12. Failure to Perform Duty Honestly or Acting with Malafide Intention: A Judge shall be deemed to have failed to perform his/her duty honestly or acted with malafide intention in the following circumstances:-
(a) If he/she does any act with the intention of avoiding, prolonging or unduly influencing a case,
(b) If he/she fails to sit on the bench or hear cases within the prescribed time without reasonable cause,
(c) If he/she fails to write a judgment or order within the prescribed time without reasonable cause,
(d) If he/she repeatedly remains absent from the court without obtaining leave, or
(e) If he/she fails to comply, within a reasonable period, with an order given by a higher court or a directive given by the Chief Justice, Chief Judge of a High Court or inspecting judge on administrative matters. 13.
Judicial Council Act, 2016

13. Deemed Incapable of Performing Work: (1) To ascertain whether a Judge is incapable of performing work while in service due to physical or mental illness pursuant to clause (d) of Article 131, clause (d) of subsection (1) of Article 142 or clause (d) of subsection (6) of Article 149 of the Constitution, the Judicial Council shall send a letter to the Medical Board constituted by the Government of Nepal.
(2) If the Medical Board recommends that a Judge is incapable of performing work due to physical or mental reasons upon sending a letter pursuant to subsection (1), such Judge shall be deemed to be physically or mentally incapable of performing work.
(3) If a Judge refuses to undergo physical or mental examination by the Medical Board pursuant to this section, he/she shall be deemed to be physically or mentally incapable of performing work.
(4) For removal of a Judge deemed physically or mentally incapable of performing work pursuant to subsection (2), the Judicial Council shall recommend to the Chief Justice:

Provided that, in the case of a Judge of the Supreme Court, it shall be done pursuant to clause (d) of Article 131 of the Constitution. 14. Taking Action: (1) In the circumstances under Section 10 or 12, the Judicial Council may, for the first time, caution the concerned Judge.
(2) If the situation under Section 10 or 12 does not improve despite cautioning pursuant to subsection (1), or if the Judge engages in bad conduct or serious violation of the code of conduct under Section 11, the Judicial Council shall take action against such Judge pursuant to clause (c) of subsection (1) of Article 142 or clause (c) of subsection (6) of Article 149 of the Constitution:

Provided that, in the case of a Judge of the Supreme Court, it shall be done pursuant to Article 131 of the Constitution. 15.
Judicial Council Act, 2016

15. Provisions Relating to Inspection: (1) The Chief Judge of a High Court shall inspect the work of the Judges of the concerned High Court or subordinate District Courts each year and submit a report to the Judicial Council.
(2) The report pursuant to subsection (1) shall, in addition to other matters, include the following details:-
(a) Details of the annual attendance of the concerned Judge at the place where he/she is assigned,
(b) Details of judgments delivered by the Judge during the year in proportion to the number of cases in the concerned court,
(c) Details of whether the judgments delivered by the concerned Judge were affirmed or reversed by the higher court,
(d) Details of other work relating to court management and operation.
(3) The Judicial Council may rely on the report pursuant to subsection (1) while evaluating or taking action against a Judge.
(4) Other provisions relating to inspection shall be as prescribed. 16. Provisions Relating to Monitoring and Surveillance: (1) The Judicial Council may form a one or three member Judicial Monitoring and Surveillance Committee under the chairpersonship of any Member of the Judicial Council to regularly monitor or keep surveillance on the work and conduct of Judges.
(2) The Secretary of the Judicial Council shall act as the Secretary of the Committee pursuant to subsection (1).
(3) The Committee formed pursuant to subsection (1) may monitor or keep surveillance on whether a Judge has performed his/her duties or official conduct as required by the Constitution and law, or on other work specified by the Judicial Council.
(4) For the purpose of subsection (3), the Committee may, as required, ascertain the views of the concerned Chief Judge of the High Court, other Judges of the court where the concerned Judge is serving, employees, legal practitioners practicing in such court, or service recipients regarding the concerned Judge.
(5) While performing monitoring and surveillance work pursuant to subsection (3), the Judicial Monitoring and Surveillance Committee may, as required, take the assistance of gazetted employees of the Judicial Council.
(6) While performing monitoring and surveillance work pursuant to subsection (3), it shall be done confidentially.
(7) The Judicial Monitoring and Surveillance Committee shall submit a report of its work to the Judicial Council within the period specified by the Judicial Council.
(8) The Judicial Council may rely on the report pursuant to subsection (7) while evaluating or taking action against a Judge. 17.
Judicial Council Act, 2016

17. Study of Cases Related to Complaints: (1) If a complaint is lodged with the Judicial Council against any Judge regarding any case, the Judicial Council may designate any Member to study such case.
(2) For the purpose of subsection (1), the concerned court shall make available the documents or files requested by the Member.
(3) The Member designated pursuant to subsection (1) shall study the case related to the complaint and submit a report with his/her opinion to the Judicial Council within the period specified by the Judicial Council. 18. Preliminary Inquiry: (1) Based on a complaint received by the Judicial Council or a monitoring or inspection report, or if the Judicial Council itself deems it necessary to inquire against any Judge of a High Court or District Court, the Judicial Council may designate any Member or any Judge of the Supreme Court to conduct a preliminary inquiry thereof.
(2) The Member or Judge designated pursuant to subsection (1) may interrogate the concerned Judge or other related persons.
(3) The Member or Judge designated pursuant to subsection (1) may request any document related to the subject of preliminary inquiry. It shall be the duty of such court or body to make available the document requested accordingly.
(4) The Member or Judge designated pursuant to subsection (1) shall submit a preliminary inquiry report with his/her opinion to the Judicial Council within the period specified by the Judicial Council. 19. Inquiry Committee: (1) If, from the report received pursuant to Section 17 or 18, or if the Judicial Council itself deems it necessary to cause an inquiry against any Judge of a High Court or District Court, the Judicial Council shall form a three-member Inquiry Committee including an expert in the related field under the chairpersonship of any Member of the Judicial Council or a Judge of the Supreme Court, and publish a notice thereof in the Nepal Gazette.
(2) The Inquiry Committee shall complete the inquiry and submit a report to the Judicial Council within the period specified by the Judicial Council.
(3) The office of the Inquiry Committee shall be at the Secretariat of the Judicial Council, and the Judicial Council shall provide the necessary employees and resources for the Inquiry Committee.
(4) The work of Secretary of the Inquiry Committee shall be performed by the Secretary of the Judicial Council or a gazetted officer of the Federal Judicial Service designated by the Judicial Council. 20.