chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Patent, Design and Trademark Act, 1965

Chapter-4

Trade Mark

16. Acquiring Right over Trade Mark: (1) Any person may register the trade mark of his/her profession, trade or business at the Department pursuant to Section 18 and acquire the right under this Act over such trade mark. Amended by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063.(2) No person shall copy a trade mark registered in any person's name under this Act, or use or cause to be used such trade mark in his/her own name or in the name of another without having it transferred to his/her name pursuant to Section 21d. or without obtaining written permission for its use. 17. Application for Registration of Trade Mark: (1) A person desiring to register the trade mark of his/her profession, trade or business pursuant to Section 18 shall submit an application to the Department in the format according to Schedule-1(g), along with 4 copies of the sample of the trade mark.

(2) A person submitting an application pursuant to Sub-section (1) shall, along with his/her application, pay to the Department the application fee prescribed in Schedule-3(3)(a). 18. Registration of Trade Mark: (1) Upon receipt of an application for registration of a trade mark pursuant to Section 17, after conducting necessary examination Added by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063. regarding such trade mark and giving a reasonable opportunity to any person to raise a claim or objection, and if a claim or objection is lodged, after investigating the same as well, if it is found appropriate to register, the Department shall register the trade mark in the name of the applicant and issue a certificate according to Schedule-2(g). Provided that, such trade mark shall not be registered if it appears that the trade mark is likely to harm the reputation of any person or institution, or have a negative effect on the morality, ethics or national interest of the general public, or affect the goodwill of another person's trade mark, or if the trade mark is found to have been already registered in the name of another person.

(2) To obtain the certificate pursuant to Sub-section (1), the applicant shall pay to the Department the trade mark registration fee prescribed in Schedule-3(3)(b).

(3) If the Department believes that any condition mentioned in the proviso to Sub-section (1) exists, it may invalidate the registration of any registered trade mark. Provided that, before invalidating any trade mark pursuant to this provision, the Department shall give the trade mark holder a reasonable opportunity to show cause why the registration of such trade mark should not be invalidated. Added by the First Amendment.18a.
Patent, Design and Trademark Act, 1965

Provided that, before invalidating any trade mark pursuant to this provision, the Department shall give the trade mark holder a reasonable opportunity to show cause why the registration of such trade mark should not be invalidated. Added by the First Amendment.18a. Classification of Goods and Services for the Purpose of Trade Mark: (1) For the purpose of registering a trade mark relating to any goods or any type of service, the Government of Nepal may classify such goods or services by publishing a notice in the Nepal Gazette.

(2) Separate applications shall be required for registering trade marks for goods or services falling under each class.

(3) A trade mark registered for goods or services falling under one class pursuant to Sub-section (1) may also be registered for goods or services falling under another class. Added by the First Amendment.18b. Trade Mark Not to be Used: No trade mark shall be used as a registered trade mark without being registered at the Department. Added by the First Amendment.18c. Period for Using Trade Mark: If a trade mark registered at the Department is not brought into use within one year from the date of registration, the Department may, after conducting necessary inquiry, cancel the registration of such trade mark. Added by the First Amendment.18d. Term of Trade Mark: Except in the case of renewal obtained pursuant to Section 23b., the right of the trade mark holder over a trade mark registered pursuant to Section 18 shall subsist for a period of seven years from the date of registration. Amended by the First Amendment.19. Penalty for Unlawful Use of Trade Mark: If any person violates Sub-section (2) of Section 16 or uses a trade mark invalidated pursuant to Sub-section (3) of Section 18 or violates Section 18b., by order of the Department, according to the gravity of the offense, a fine of up to one hundred thousand rupees may be imposed and all goods related to such offense shall be forfeited. Chapter-5

Miscellaneous

20. Appointment of Representative: For the purpose of performing any act or proceeding required to be done under this Act, a person may appoint his/her heir Added by the First Amendment. or legal practitioner, and all acts or proceedings done by such Amended by the First Amendment. heir or legal practitioner shall be deemed to have been done by the person himself/herself. 21. Repealed by the First Amendment

Added by the First Amendment.21a.
Patent, Design and Trademark Act, 1965

21. Repealed by the First Amendment

Added by the First Amendment.21a. Publication of Registered Design and Trade Mark: (1) The Department may publish, for the information of the general public, details regarding designs registered pursuant to Section 14 and trade marks registered pursuant to Section 18, as well as their renewal and invalidation.

(2) If any person objects to details published pursuant to Sub-section (1), such person may file a complaint at the Department within thirty-five days from the date of publication of the said details. The Department shall investigate the complaint so filed and take necessary action. Added by the First Amendment.21b. Right Not Acquired Without Registration in Nepal: A person who has registered a patent, design or trade mark in a foreign country shall not have any right over such patent, design or trade mark in Nepal without registering the same in Nepal. Added by the First Amendment.21c. Registration of Foreign Patent, Design and Trade Mark: If an application is submitted to the Department for registration, along with the certificate of a patent, design or trade mark registered in a foreign country, the Department may register such patent, design or trade mark without even conducting an examination Amended by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063. and shall provide to such registrant the facility of priority date according to the Paris Convention concluded in 1883 AD relating to the protection of industrial property. Amended by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063.21d.
Patent, Design and Trademark Act, 1965

Amended by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063.21d. Provision Relating to Assignment or Permission for Use of Patent, Design or Trade Mark: (1) A patent, design or trade mark registered in one's own name may be assigned to another person or permission may be granted in writing for its use.

(2) If it is desired to assign or permit the use pursuant to Sub-section (1), both the patent, design or trade mark holder and the person desiring to take assignment of or use the patent, design or trade mark shall jointly submit an application to the Department, stating the fact, along with the prescribed fee.

(3) Upon receipt of an application pursuant to Sub-section (2), the Department may permit the assignment or use of such patent, design or trade mark.

(4) If the Department permits assignment pursuant to Sub-section (3), the patent, design or trade mark shall be transferred in the name of the person taking the assignment.

(5) If the Department permits use pursuant to Sub-section (3), the particulars thereof shall be recorded in the register book and certificate kept at the Department, and a copy of the same shall be given to the person permitted to use. 22. Department to Maintain Register Books: The Department shall maintain separate books relating to patents, designs and trade marks, in a manner that shows both registration and invalidation of registration under this Act. 23. Repealed by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063

23a. Repealed by the Act to Amend Some Nepal Acts Relating to Export, Import and Intellectual Property, 2063

Added by the First Amendment.23b. Procedure for Renewing Patent, Design and Trade Mark: (1) The patent holder, design holder and trade mark holder pursuant to Sections 8, 14a, and 18d. shall, within thirty-five days from the date of expiry of the period for using the patent, design and trade mark, submit an application in the format according to Schedules 2(d), 2(e) and 2(f) respectively and pay the fee according to Schedule-3, and obtain renewal thereof.

(2) Renovation may be obtained up to six months after the expiry of the period for renewal pursuant to Sub-section (1) by paying a penalty of Amended by the First Amendment. one thousand rupees.
Patent, Design and Trademark Act, 1965

If renewal is not obtained even within that period, the registration of the patent, design and trade mark shall be automatically cancelled.

(3) Notwithstanding anything contained in Sub-sections (1) and (2), in the case of a patent, renewal may be obtained up to two times, making periods of seven-seven years each; in the case of a design, renewal may be obtained up to two times, making periods of five-five years each; and in the case of a trade mark, renewal may be obtained any number of times, making periods of seven-seven years each. 24. Copy of Certificate: If the certificate of registration of a patent, design or trade mark is lost, a copy of the certificate may be obtained from the Department by paying a fee of rupees Amended by the First Amendment. as prescribed. 25. Damages: If any person violates this Act in relation to any patent, design or trade mark registered under this Act, the Department may cause the person violating the same to pay to the registrant of the patent, design or trade mark a reasonable amount as damages for the loss actually suffered by the registrant from such violation. 26. Deemed Registered under this Act: Patents, designs and trade marks registered under the Patent, Design and Trade Mark Law promulgated in 1993 AD before the commencement of this Act shall be deemed to be registered under this Act from the date of commencement of this Act. Added by the First Amendment.26a. Fees May be Altered: The Government of Nepal may alter the fees prescribed in Schedule-3 by publishing a notice in the Nepal Gazette. 27. Appeal May Lie: A person aggrieved by an order of the Department under this Act may appeal to the High Court within 35 days. 28. Repeal: The Patent, Design and Trade Mark Law promulgated in the year 1993 AD (Samvat 1993) is hereby repealed. Schedule-1 (a)

Amended by the First Amendment.Format of Application for Registration of Patent

To,
Shree


As I/We are the inventor(s) of , I/We have submitted this application for patent registration, attaching the principle, formula and complete description, map and drawing relating to the said article, and the application fee. I/We request you to register the patent in my/our name and issue a certificate thereof. Witness:– 1
2

Signature of Applicant
Address:–
Date:–

Schedule-1 (b)

Amended by the First Amendment.Format of Application for Registration of Design

To,
Shree


As I/We have made / caused to be made according to the sample attached herewith, I/We have submitted this application for design registration, attaching the complete description, map and drawing, four copies of the sample, and the application fee.
Patent, Design and Trademark Act, 1965

I/We request you to register the design in my/our name and issue a certificate thereof. Witness:– 1
2

Signature of Applicant
Address:–
Date:–

Schedule-1 (g)

Amended by the First Amendment.Format of Application for Registration of Trade Mark

To,
Shree


As I/We am/are to affix / have affixed the trade mark of the sample attached herewith on , I/We have submitted this application for trade mark registration, attaching four copies thereof and the application fee. I/We request you to register the trade mark in my/our name and issue a certificate thereof. Witness:– 1
2

Signature of Applicant
Address:–
Date:–

Schedule-2 (a)

Amended by the First Amendment.Format of Certificate of Patent Registration

Government of Nepal
Ministry of
Department of

Certificate No.:–
Date:–

Certificate of Patent Registration

This certificate is issued for the registration of the patent of , invented by , pursuant to Section 7 of the Patent, Design and Trade Mark Act, 2022. Director General

 Date of Renewal Date of Expiry of Renewal Term Signature of Renewing Officer




Schedule-2 (b)

Format of Certificate of Design Registration

Government of Nepal
Ministry of
Department of

Certificate No.:-
Date:-

Certificate of Design Registration

This certificate is issued for the registration of the design of , made / caused to be made by , pursuant to Section 14 of the Amended by the First Amendment. Patent, Design and Trade Mark Act, 2022. Director General

 Date of Renewal Date of Expiry of Renewal Term Signature of Renewing Officer





Schedule-2 (g)

Format of Certificate of Patent Registration

Government of Nepal
Ministry of
Department of

Certificate No.:-
Date:-

Certificate of Trade Mark Registration

This certificate is issued for the registration of the trade mark which has affixed / is to affix on , pursuant to Section 18 of the Amended by the First Amendment. Patent, Design and Trade Mark Act, 2022. Director General

 Date of Renewal Date of Expiry of Renewal Term Signature of Renewing Officer





Schedule-2 (d)

Format of Application for Renewal of Patent

Added by the First Amendment.To,
Shree


As the registration period of the patent of , registered on date , has expired, the fee payable for renewal is attached. I/We request you to renew it. Signature of Applicant
Address:-
Date:-



Schedule-2 (e)

Format of Application for Renewal of Design

Added by the First Amendment.To,
Shree


As the registration period of the design of , registered on date , has expired, the fee payable for renewal is attached. I/We request you to renew it.
Patent, Design and Trademark Act, 1965

Signature of Applicant
Address:-
Date:-



Schedule-2 (e)

Format of Application for Renewal of Design

Added by the First Amendment.To,
Shree


As the registration period of the design of , registered on date , has expired, the fee payable for renewal is attached. I/We request you to renew it. Signature of Applicant
Address:-
Date:-



Schedule-2 (ch)

Format of Application for Renewal of Trade Mark

Added by the First Amendment.To,
Shree


As the registration period of the trade mark registered on date and affixed on has expired, the fee payable for renewal is attached. I/We request you to renew it. Signature of Applicant
Address:-
Date:-

Schedule-3

Application, Registration and Renewal Fees for Patent, Design and Trade Mark

 S.No. Description of Fees Patent Design Trade Mark

 1 Application Fee for Registration of Patent, Design and Trade Mark Rs. 2000/- Rs. 1000/- Rs. 1000/-
 2 Application Amendment Fee Rs. 500/- Rs. 500/- Rs. 500/-
 3 Registration Fee Rs. 10000/- Rs. 7000/- Rs. 5000/-
 4 Transfer Fee Rs. 5000/- Rs. 3000/- Rs. 2000/-
 5 Record Amendment and Certificate Correction Fee (excluding transfer) Rs. 2000/- Rs. 1000/- Rs. 1000/-
 6 Fee for Information of Registration Details Rs. 750/- Rs. 750/- Rs. 500/-
 7 Complaint and Opposition Fee Rs. 1000/- Rs. 1000/- Rs. 1000/-
 8 Copy of Registration Certificate Fee Rs. 1000/- Rs. 1000/- Rs. 2000/-
 9 Renewal Fee
 (a) Annual Rate for the First Time Rs. 5000/- Rs. 1000/- -
 (b) Annual Rate for the Second Time Rs. 750/- Rs. 2000/- -
 (g) Annual Rate for Trade Mark (any number of times) - - Rs. 500/-

Amended as per the notice published in the Nepal Gazette on date 2062.5.13, effective from date 2062.6.1.
Nepal Engineering Council Act, 1999

Nepal Engineering Council Act, 2055

Royal Seal and Date of Publication
2054.11.27
Date of Certification and Publication

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.1.07
2. Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 2075.11.19
3. Nepal Engineering Council (First Amendment) Act, 2079 2079.5.5

Act No. 23 of the year 2054



An Act Made to Provide for the Nepal Engineering Council

Preamble: Whereas, it is desirable to provide for the Nepal Engineering Council to make the engineering profession effective, to mobilize it in an organized and scientific manner, and to make provision for the registration of names of engineers according to their qualifications, Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Therefore, in the twenty-seventh year of the reign of His Majesty King Birendra Bir Bikram Shah Dev, Parliament has enacted this Act. Chapter - 1

Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Nepal Engineering Council Act, 2054".

(2) This Act shall commence on such date as the Government of Nepal may appoint by notification published in the Nepal Gazette. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Council" means the Nepal Engineering Council established pursuant to Section 3.

(b) "Chairperson" means the Chairperson of the Council.

(b1) Added by the First Amendment. (b1) "Vice-Chairperson" means the Vice-Chairperson of the Council.

(c) "Member" means a member of the Council and includes the Chairperson, Vice-Chairperson and Member-Secretary of the Council.

(d) "Engineer" means a person who has obtained at least a Bachelor's degree in engineering from an educational institution recognized by the Council.

(e) "Engineering Profession" means the profession adopted by engineers who have acquired technical knowledge and competence in the subjects mentioned in the Schedule.

(f) "Register Book" means the register book prepared pursuant to Section 15.

(g) "Registered Engineer" means an engineer whose name is registered in the Register Book.

(h) "Registrar" means the person appointed pursuant to Section 27.

(i) Amended by the First Amendment. (i) "Committee" means the Examination Committee constituted pursuant to Section 14.

(j) "Prescribed" or "as prescribed" means as prescribed in the rules made under this Act. Chapter - 2

Establishment, Formation, Functions, Duties and Powers of the Council

3.
Nepal Engineering Council Act, 1999

5. Formation of the Council: (1) The Council established pursuant to Section 3 shall consist of the following members:-

(a) An engineer nominated by the Government of Nepal from among engineers who have obtained a Bachelor's degree in engineering and have at least fifteen years of experience in the engineering profession — Chairperson

(b) An engineer nominated by the Government of Nepal from among engineers who have obtained a Bachelor's degree in engineering and have at least ten years of experience in the engineering profession — Vice-Chairperson

(c) Amended by the First Amendment. (c) Seven members nominated by the Government of Nepal, including at least three women, on the basis of the principle of inclusiveness ensuring representation from each province, from among engineers who have obtained a Bachelor's degree in engineering and have at least seven years of experience in the engineering profession — Members

(d) President, Nepal Engineers' Association — Member

(e) Five engineers elected and sent by the Nepal Engineers' Association — Members

(f) One campus chief nominated by the Government of Nepal from among the campus chiefs of engineering campuses — Member

(g) Representative, Institute of Engineering, Tribhuvan University — Member

(g1) Added by the First Amendment. (g1) One person nominated by the Government of Nepal from among universities that teach engineering subjects — Member

(h) Amended by the First Amendment. (h) Two members nominated by the Council, including at least one woman, from among engineers who have obtained a Bachelor's degree in engineering and have at least seven years of experience in the engineering profession — Members

(i) Registrar — Member-Secretary

(2) While making nomination and election of members pursuant to clauses (c) and (e) of sub-section (1), it shall be done from separate subjects on the basis of the subjects of the engineering profession.

(3) Until the election of members pursuant to clause (e) of sub-section (1), engineers nominated and sent by the Nepal Engineers' Association shall be members of the Council.

(4) While nominating the representative pursuant to clause (f) of sub-section (1), it shall be done from among engineers.

(5) The Council may, if deemed necessary, invite any expert to participate in the meeting of the Council. 6. Term of Office of Members: (1) The term of office of a nominated or elected member of the Council shall be four years. Members whose term has expired may be re-nominated or re-elected subject to the other provisions contained in this Act.

(2) If the office of any member falls vacant before the expiration of the term, such vacancy may be filled by nominating or electing another member for the remaining period. 7.
Nepal Engineering Council Act, 1999

Members whose term has expired may be re-nominated or re-elected subject to the other provisions contained in this Act.

(2) If the office of any member falls vacant before the expiration of the term, such vacancy may be filled by nominating or electing another member for the remaining period. 7. Disqualification for Membership: The following persons shall not be eligible for nomination or election as a member of the Council:-

(a) a non-Nepali citizen,

(b) whose name has been struck off from the Register Book,

(c) who has been adjudged insolvent being unable to pay debts,

(d) Amended by the First Amendment. (d) who has been punished for corruption, rape, human trafficking and transportation, sale, distribution or export or import of narcotic drugs, money laundering, organized crime, wildlife trafficking, passport misuse, kidnapping related offenses, or other criminal offenses involving moral turpitude, or has been punished with imprisonment for three years or more for any other criminal offense and such judgment has become final,

(e) Amended by the First Amendment. (e) who is of unsound mind,

(f) Added by the First Amendment. (f) who has obtained permanent residency permission of any foreign country. 8. Circumstances for Termination of Membership: Membership of the Council shall be deemed to have terminated in the following circumstances:-

(a) if disqualified pursuant to Section 7,

(b) if resignation from the office of member has been accepted,

(c) if absent from three consecutive meetings of the Council without prior notice with cause to the Council,

(d) upon death. 9. Functions, Duties and Powers of the Council: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Council shall be as follows:-

(a) to prepare necessary policies, plans and programs for the smooth operation of the engineering profession and implement them,

(b) to recognize educational institutions providing engineering education and certificates and degrees awarded by such institutions as prescribed,

Amended by the First Amendment. (c) to determine the qualifications necessary for practicing the engineering profession, prepare curriculum for examinations to be taken for the purpose of registering the names of engineers who meet the qualifications, conduct examinations, and provide name registration certificates to persons who have passed,

(d) to strike off the name of a registered engineer from the Council, following the prescribed procedure, if such engineer violates or fails to comply with the prescribed code of professional conduct.
Nepal Engineering Council Act, 1999

Added by the First Amendment. (e) to review and evaluate the curriculum, academic standards and examination system of educational institutions providing engineering studies and teaching and recommend to the relevant university and the Government of Nepal or the relevant provincial government,

Added by the First Amendment. (f) to prescribe the basis and conditions for student enrollment in educational institutions providing engineering studies and teaching, and the physical infrastructure of such institutions, and to monitor and evaluate and, if found to be in violation, recommend to the relevant university to cancel the approval granted to such educational institutions,

Added by the First Amendment. (g) to conduct studies, research, seminars and other necessary programs to promote the rights and interests of engineering practitioners, and

Added by the First Amendment. (h) to conduct training and coaching to provide practical experience to engineers. 10. Meetings and Decisions of the Council: (1) The meeting of the Council shall ordinarily be held four times a year. However, the Chairperson may call meetings more frequently if desired.

(2) The meeting of the Council shall be held at such time and place as specified by the Chairperson.

(3) If more than fifty percent of the total number of members of the Council are present, the quorum for the meeting of the Council shall be deemed to be constituted.

(4) The meeting of the Council shall be presided over by the Chairperson, and in his/her absence, by the Vice-Chairperson. In the absence of both the Chairperson and the Vice-Chairperson, the meeting shall be presided over by a person chosen by the members present at the meeting from among themselves.

(5) The opinion of the majority shall prevail at the meeting of the Council, and in case of a tie, the person presiding over the meeting may cast a deciding vote.

(6) Decisions of the Council shall be certified by the Member-Secretary.

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

Provisions Relating to Registration of Names

Amended by the First Amendment. 11. Not to Practice Engineering Profession Without Registration: (1) No person shall practice the engineering profession without having his/her name registered with the Council.

(2) While registering the name of an engineer with the Council under this Act, engineers may be categorized as prescribed. 12.
Nepal Engineering Council Act, 1999

11. Not to Practice Engineering Profession Without Registration: (1) No person shall practice the engineering profession without having his/her name registered with the Council.

(2) While registering the name of an engineer with the Council under this Act, engineers may be categorized as prescribed. 12. Application for Registration of Name: (1) A person desiring to register his/her name with the Council shall submit an application to the Council in the prescribed format.

(2) A person who is practicing the engineering profession at the time of commencement of this Act shall submit an application pursuant to sub-section (1) for registration of his/her name with the Council within six months from the date of commencement of this Act.

(3) A person submitting an application for name registration pursuant to sub-section (1) or (2) shall attach the certificate, degree and other relevant documents obtained from the educational institution, along with the prescribed fee, with the application. Amended by the First Amendment. 13. Inquiry into Application: (1) The Registrar shall make necessary inquiry into the applications received for registration pursuant to Section 12, and if the applicant appears to have fulfilled the criteria under this Act, shall forward the name of the applicant to the Committee for the purpose of conducting the Engineering Practitioner Registration Examination.

(2) If any matter is unclear during the inquiry pursuant to sub-section (1), the Registrar may require necessary evidence or documents from the applicant concerned. Amended by the First Amendment. 14. Formation of Examination Committee: (1) For the purpose of conducting examinations for name registration as an engineering practitioner with the Council, there shall be an Examination Committee as follows:-

(a) A member designated by the Council - Coordinator

(b) Three members of the Council, including one woman, designated by the Council - Members

(c) Registrar - Member-Secretary

(2) The Committee shall conduct examinations as prescribed for name registration as an engineering practitioner with the Council at least twice a year.

(3) The curriculum of the examination pursuant to sub-section (1) and the examination system shall be as determined by the Council.

(4) The Committee may, if deemed necessary, invite experts related to the subject to the meeting of the Committee.

(5) The functions, duties, powers and procedures for conducting meetings of the Committee shall be as prescribed. Amended by the First Amendment. 15. Name Registration: (1) The Committee shall recommend to the Council for the registration of the name of the applicant who has passed the Engineering Practitioner Registration Examination taken pursuant to Section 14.

(2) Upon receipt of the recommendation for name registration pursuant to sub-section (1), the Council shall register the name in the Council according to such list. Amended by the First Amendment. 16.
Nepal Engineering Council Act, 1999

Amended by the First Amendment. 16. Issuance of Name Registration Certificate: The Registrar shall issue a name registration certificate to the person whose name has been registered pursuant to Section 15 in the prescribed format. Repealed by the First Amendment. 17

Amended by the First Amendment. 18. Striking Off Name from Register Book: (1) The name of a registered engineer shall not be struck off from the Register Book except in the following circumstances:-

(a) if disqualified pursuant to Section 7,

(b) if a proposal to strike off the name from the Register Book on the charge of violating the code of professional conduct is submitted to the meeting of the Council and passed by a two-thirds majority, or

(c) if the name of any unqualified person has been registered by fraud or mistake.

(2) Before submitting a proposal to strike off the name of any registered engineer from the Register Book on the charges mentioned in clauses (b) and (c) of sub-section (1), the Council shall form an Inquiry Committee to investigate the charges against such person and submit a report.

(3) The procedure to be followed by the Inquiry Committee formed pursuant to sub-section (2) while conducting the inquiry shall be as prescribed. Amended by the First Amendment. 19. Cancellation of Certificate: (1) If the Council decides to strike off a name from the Register Book pursuant to Section 18, the Registrar shall strike off the name of such person from the Register Book, cancel the name registration certificate issued pursuant to Section 16, and inform the person concerned of such action.

(2) Before canceling the name registration certificate pursuant to sub-section (1), the person concerned shall be given an opportunity to submit his/her defense. 20. Re-registration of Name: (1) If a decision has been made to strike off a name from the Register Book in the circumstances mentioned in clauses (a), (b) and (c) of sub-section (1) of Section 18, the person concerned may, after at least one year from the date of such decision, submit an application to the Council pursuant to Section 12 for re-registration of his/her name, stating reasonable cause.

(2) If an application for re-registration is submitted pursuant to sub-section (1), the Council may, if it deems reasonable to re-register the name of such applicant, decide to re-register the name.

(3) If the Council decides to re-register the name of the applicant pursuant to sub-section (2), the Registrar shall re-register the name of such applicant in the Register Book and issue a certificate of re-registration to the applicant in the prescribed format. Chapter - 4

Added by the First Amendment. Recognition of Academic Qualification Certificates or Degrees and Educational Institutions

21.
Nepal Engineering Council Act, 1999

Chapter - 4

Added by the First Amendment. Recognition of Academic Qualification Certificates or Degrees and Educational Institutions

21. Recognition of Academic Qualification Certificates or Degrees: (1) The Council shall recognize academic qualification certificates or degrees in engineering subjects provided by any educational institution.

(2) The academic qualification certificates or degrees recognized by the Council pursuant to sub-section (1) and the name of the educational institution providing such certificates or degrees shall be published in the Nepal Gazette. Added by the First Amendment. 21A. Granting Recognition to Educational Institutions: (1) Educational institutions established pursuant to prevailing law must obtain recognition from the Council as well before conducting or providing engineering studies and teaching.

(2) To obtain recognition pursuant to sub-section (1), an application shall be submitted to the Council attaching details and fees as prescribed by the Council.

(3) The Council may, upon inquiry into the application pursuant to sub-section (2) on the basis of prescribed criteria, grant permanent or temporary recognition to an educational institution meeting the prescribed criteria, upon charging fees as prescribed by the Council. Added by the First Amendment. 21B. Recommending Cancellation of Recognition: If, while monitoring an educational institution recognized pursuant to Section 21A, it is found that such institution has not complied with the curriculum, basis for student enrollment, physical infrastructure and academic standards, the Council may recommend to the Government of Nepal or the relevant provincial government to cancel the recognition of such educational institution. 22. Power to Require Details: (1) While granting recognition to any academic qualification certificate or degree pursuant to Section 21, the Council may require from the relevant educational institution the curriculum prescribed for such academic qualification certificate or degree, the conditions prescribed for enrollment, and other related details.

(2) It shall be the duty of the relevant educational institution to provide the necessary details as required by the Council pursuant to sub-section (1). 23. Inspection of Examinations: (1) While granting recognition to any academic qualification certificate or degree pursuant to Section 21, or after granting recognition, the Council may appoint and send an inspector to inspect the examination system conducted by the relevant educational institution providing such academic qualification certificate or degree.

(2) The inspector sent pursuant to sub-section (1) shall not interfere in any way with the examination during inspection.

(3) The inspector inspecting the examination pursuant to sub-section (2) shall prepare a report of the matters observed during the examination inspection and submit it to the Council. 24.
Nepal Engineering Council Act, 1999

24. Withdrawal of Recognition: (1) While considering the details received pursuant to Section 22 or the report received pursuant to sub-section (3) of Section 23 in relation to any academic qualification certificate or degree recognized pursuant to Section 21, if the Council deems that the curriculum, enrollment conditions and examination system determined by such educational institution are not appropriate and adequate, the Council shall submit its report to the Government of Nepal in that regard.

(2) Upon receipt of the Council's report pursuant to sub-section (1), the Government of Nepal may require an explanation from the relevant institution in that regard.

(3) The Government of Nepal shall consider the explanation received from the relevant educational institution as required pursuant to sub-section (2), and if any other matter needs to be inquired into in that regard, it shall make necessary inquiry, and on the basis thereof, the Government of Nepal may withdraw recognition of any academic qualification certificate or degree provided by such educational institution after a specific date.

(4) Notice of withdrawal of recognition of any academic qualification certificate or degree pursuant to sub-section (3) shall be published in the Nepal Gazette. Chapter - 5

Functions, Duties and Powers of Chairperson, Vice-Chairperson and Registrar

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

(a) to determine the priority of subjects to be discussed in the meeting of the Council,

(b) to monitor and evaluate plans and programs operated by the Council, cause them to be done, and give necessary directions in that regard,

(c) to conduct and cause to be conducted the business of the Council in an organized, effective and smooth manner,

(d) to perform other functions as prescribed. 26. Functions, Duties and Powers of Vice-Chairperson: In the absence of the Chairperson, it shall be the duty of the Vice-Chairperson to exercise the functions, duties and powers that the Chairperson is required to perform under this Act. 27. Appointment and Functions, Duties and Powers of Registrar: Amended by the First Amendment. (1) The Government of Nepal shall appoint one Registrar on the basis of open competition from among engineers who have obtained a Bachelor's degree in engineering and have at least ten years of experience in the engineering profession to perform the work of the Council. Added by the First Amendment. (1A) The term of office of the Registrar appointed pursuant to sub-section (1) shall be four years.
Nepal Engineering Council Act, 1999

Added by the First Amendment. (1A) The term of office of the Registrar appointed pursuant to sub-section (1) shall be four years. Added by the First Amendment. (1B) Notwithstanding anything contained in sub-section (1A), the Government of Nepal may remove the Registrar from office at any time if he/she lacks work capacity, has bad conduct, or does not act honestly in the discharge of official duties. Provided that, before such removal, he/she shall be given an opportunity to submit a defense.

(2) In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Registrar shall be as follows:-

(a) to perform the general administration and management functions of the Council,

(b) to manage the supervision, control, arrangement and maintenance of the Council's fund and property,

(c) to formulate annual programs and plans of the Council and submit them to the Council,

(d) to prepare annual income and expenditure and supplementary income and expenditure statements of the Council,

(e) to implement the budget, plans and programs approved by the Council,

(f) to make arrangements for internal and final audit of the Council,

(g) to act as a liaison officer between the Council and engineers,

(h) to perform and cause to be performed other functions as directed by the Council,

(i) to perform other functions as prescribed. Chapter - 6

Fund of the Council

28. Fund of the Council: (1) The Council shall have its own separate fund.

(2) The fund pursuant to sub-section (1) shall consist of the following amounts:-

(a) amounts received from the Government of Nepal,

(b) amounts received as loans, donations, assistance, grants or gifts from domestic or foreign individuals, institutions, governments or international organizations,

(c) amounts received in consideration of services provided on behalf of the Council,

(d) amounts received from any other source.

(3) Before receiving loans, donations, assistance, grants or gifts from any foreign individual, institution, government or international organization pursuant to clause (b) of sub-section (2), the Council shall obtain prior approval of the Government of Nepal.

(4) Amounts received into the Council's fund shall be deposited by opening an account in any commercial bank.

(5) The operation of the Council's fund and account shall be as prescribed. 29. Accounts and Audit: (1) The accounts of income and expenditure of the Council shall be kept as prescribed.

(2) The audit of the Council shall be as prescribed.

(3) The Government of Nepal may, if it so desires, inspect or audit the accounts of the Council at any time. Chapter - 7

Miscellaneous

Added by the First Amendment. 29A.
Nepal Engineering Council Act, 1999

Chapter - 7

Miscellaneous

Added by the First Amendment. 29A. Code of Professional Conduct to be Compiled: Engineering practitioners shall comply with the following code of professional conduct:-

(a) shall not do or cause to be done any act with mala fide intention,

(b) shall not be negligent or careless in doing or causing to be done any act,

(c) shall not prepare or recommend false or incorrect reports or reports that differ from facts while conducting any test, or cause the same to be done,

(d) other matters as prescribed. 30. Offenses and Penalties: (1) If any person practices the engineering profession without registering his/her name with the Council pursuant to Section 11, he/she shall be deemed to have committed an offense under this Act. Amended by the First Amendment. (2) A person committing an offense pursuant to sub-section (1) shall be liable to a fine of up to ten thousand rupees or imprisonment for up to three months or both. Added by the First Amendment. (2A) If an educational institution is operated without obtaining recognition from the Council pursuant to Section 21A, the Council may take action as prescribed. Amended by the First Amendment. (3) Except as mentioned in sub-sections (2) and (2A), if any person does any act contrary to this Act or the rules made under this Act, such person shall be liable to a fine of up to twenty-five thousand rupees. Added by the First Amendment. (4) The Council may impose the following penalties on a registered engineer who violates or fails to comply with the code of professional conduct:-

(a) warning,

(b) suspension of the name registration certificate for a specific period, prohibiting the practice of the engineering profession,

(c) striking off the name from the Register Book. Provided that, before imposing such penalty, he/she shall be given an opportunity to submit a defense.

(5) If an engineer whose name has been struck off from the Register Book pursuant to clause (c) of sub-section (4) has done any act that is subject to action under prevailing law, action may be taken against such engineer under prevailing law. Added by the First Amendment. 30A. Appeal: A party dissatisfied with a decision made by the Council under this Act may file an appeal in the relevant High Court within thirty-five days from the date of knowledge of the decision. 31.
Nepal Engineering Council Act, 1999

Added by the First Amendment. 30A. Appeal: A party dissatisfied with a decision made by the Council under this Act may file an appeal in the relevant High Court within thirty-five days from the date of knowledge of the decision. 31. Dissolution of the Council: (1) If it appears to the Government of Nepal that the Council has been unable to exercise the powers conferred upon it, or has misused its powers, or has exercised powers beyond those conferred, or has been unable to perform the duties it is required to perform under this Act or the rules made under this Act, the Government of Nepal may dissolve the Council.

(2) After the dissolution of the Council pursuant to sub-section (1), the Government of Nepal may keep the fund and property of the Council in its custody and may itself perform or cause to be performed, by forming a committee, all the business that the Council was required to perform under this Act and the rules made under this Act until another Council is formed.

(3) The Government of Nepal shall form another Council pursuant to Section 5 ordinarily within three months of the dissolution of the Council pursuant to sub-section (1).

(4) After another Council is formed pursuant to sub-section (3), the fund and property kept in the custody of the Government of Nepal pursuant to sub-section (2) shall be transferred to the said Council. 32. Power to Form Subject Committees and Other Committees: (1) The Council may form subject committees and other committees as required.

(2) The functions, duties and powers of the subject committees and other committees formed pursuant to sub-section (1) shall be as specified by the Council. 33. Meeting Allowance and Other Facilities of Members: The meeting allowance and other facilities of members and members of subject committees and other committees formed pursuant to Section 32 shall be as prescribed. 34. Employees of the Council: (1) The Council may appoint employees as required.

(2) The service, terms and facilities of employees appointed pursuant to sub-section (1) shall be as prescribed in the regulations. 35. Authority for Investigation and Prosecution: The authority or body for investigating and prosecuting offenses under Section 30 and the procedure relating thereto shall be as specified by the Government of Nepal by notification published in the Nepal Gazette. The authority or body and procedure have been specified by notification in the Nepal Gazette dated 2065.11.26. 36. Liaison with Government of Nepal: While liaising with the Government of Nepal, the Council shall do so through Amended by the First Amendment. the ministry of the Government of Nepal dealing with physical infrastructure matters. Amended by the First Amendment. 37.